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Congressional Record

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105 th CONGRESS, SECOND SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 144 WASHINGTON, THURSDAY, JULY 30, 1998 No. 105

House of Representatives
UNITED STATES CAPITOL POLICE a tax deduction and no tax would be on an even basis to the families of
MEMORIAL FUND levied against it. these two gentlemen for a 6-month pe-
Mr. THOMAS. Mr. Speaker, I ask Mr. Speaker, I thank the gentleman riod. It means that this fund will live
unanimous consent that the Commit- for yielding under his reservation. beyond these two families’ needs, and
tee on House Oversight and the Com- Mr. HOYER. Mr. Speaker, I thank that it will become a perpetual memo-
mittee on Ways and Means be dis- the gentleman for his explanation. rial fund available to the Capitol Po-
charged from further consideration of Mr. Speaker, continuing under my lice; entirely appropriate for this occa-
the bill (H.R. 4354) to establish the reservation, many of us attended the sion, but available in the future, unfor-
United States Capitol Police Memorial funeral of Detective Gibson today, and tunately, if needed. I thank the gen-
Fund on behalf of the families of De- tomorrow morning we will be attend- tleman for yielding.
tective John Michael Gibson and Pri- ing the funeral of Officer Chestnut. It Mr. HOYER. Mr. Speaker, reclaiming
vate First Class Jacob Joseph Chestnut has been a sad week for all of us; in my time, I thank the gentleman for his
of the United States Capitol Police, some ways, however, a very proud week comments.
and ask for its immediate consider- as well when we consider the actions of Mr. Speaker, obviously I am in
ation in the House. these two brave and courageous men, strong support, as I know every Mem-
The Clerk read the title of the bill. and indeed, the actions of their col- ber of this House is, of this resolution.
The SPEAKER pro tempore. Is there leagues on the Capitol Police Force and Mr. Speaker, continuing my reserva-
objection to the request of the gen- other emergency response teams that tion for just a minute, I yield to the
tleman from California? came to the Capitol to assist our own gentleman from Virginia (Mr. MORAN).
Mr. HOYER. Mr. Speaker, reserving Capitol Police. Mr. MORAN of Virginia. Mr. Speak-
the right to object, and of course I will Mr. Speaker, as we drove from the er, I thank the gentleman from Mary-
not object, but under my reservation, I church, there were literally thousands land for yielding to me.
would yield to the gentleman from upon thousands of Americans who I would just like to mention at this
California (Mr. THOMAS), the chairman stood by the curb and watched the pro- point, there is another organization
of the Committee on House Oversight. cession go by, waved, saluted, placed that has fulfilled a complementary
Mr. THOMAS. Mr. Speaker, I thank role. That organization’s name is He-
their hands on their hearts, in recogni-
the gentleman from Maryland (Mr. roes, Incorporated. They responded im-
tion of the contribution to their own
HOYER) for yielding. mediately with cash assistance to the
Mr. Speaker, this bill establishes the welfare and the welfare of their coun-
try, that these two brave and coura- family and are also prepared to provide
United States Capitol Police Memorial
geous Americans had performed and scholarship funds, as they have for
Fund on behalf of the families of detec-
the sacrifice they had made. every police officer killed in the Dis-
tive John Michael Gibson and Private
First Class Jacob Joseph Chestnut. This will allow all of us, all Ameri- trict of Columbia, I think it is over 300
I want to make sure people under- cans and indeed others, in a very tan- now, and dozens of children are receiv-
stand that this bill establishes by law gible way to participate in showing to ing college scholarships as a result of
an official fund in the United States the families of Officer Chestnut and this organization. This is a wonderful
Treasury. Because of that, it is not Detective Gibson that our words are fund, and I mean nothing pejorative,
only permissible, but obviously appro- not the only thing that we are prepared and I wholly support it. But I think it
priate, to use official House resources to raise on their behalf. might be appropriate to mention the
in support of and to solicit contribu- Mr. Speaker, I thank the gentleman fact that the Heroes also responded in
tions to the memorial fund. from California for this action. a very generous fashion and deserve
In addition to that, the reason the Mr. THOMAS. Mr. Speaker, will the some credit for doing that as well.
Committee on Ways and Means had ju- gentleman yield? Mr. HOYER. Mr. Speaker, reclaiming
risdiction over this measure is that Mr. HOYER. I yield to the gentleman my time, I thank the gentleman for his
those donations to this fund are consid- from California. comments, and I would point out that
ered charitable and are, therefore, tax Mr. THOMAS. Mr. Speaker, the gen- the gentleman from Texas (Mr.
deductible. In addition, there is a pro- tleman’s words are quite appropriate DELAY), the majority whip, when he
vision which says that Federal cam- and timely in terms of the death of made his initial presentation, did, in
paign committees may, in fact, donate these two particular officers. fact, speak directly of Heroes and the
funds to the memorial fund. I do want to underscore that the es- wonderful work they had done, not
It is an appropriate gesture, struc- tablishment of this United States Cap- only with respect to their immediate
tured in the appropriate way, that it is itol Police Memorial Fund is dedicated response for these two officers, but the

b
This symbol represents the time of day during the House proceedings, e.g., b
1407 is 2:07 p.m.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H6825

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H6826 CONGRESSIONAL RECORD — HOUSE July 30, 1998
work that they had done for so many Washington Convention Center Authority project, including borrowing and costs,
other officers, and indicated as well Financing Amendment Act of 1998 (D.C. Act are compatible with the interests of
that the Hero scholarship is probably 12–402) shall take effect on the date of the en- the District of Columbia. The next step
actment of this Act.
the most generous scholarship that is is for Congress to go ahead and pass
given in America and will ensure that The SPEAKER pro tempore. The gen- this bill. Our action this evening is a
the children of Detective Gibson and tleman from Virginia (Mr. DAVIS) is giant step forward for the District.
Officer Chestnut will not need to worry recognized for 1 hour. Mr. Speaker, I yield such time as he
about their educational expenses. Mr. DAVIS of Virginia. Mr. Speaker, may consume to the gentleman from
But I thank the gentleman for his I yield myself such time as I may con- Virginia (Mr. MORAN).
very appropriate remarks. sume. (Mr. MORAN of Virginia asked and
Mr. THOMAS. Mr. Speaker, I ask (Mr. DAVIS of Virginia asked and was given permission to revise and ex-
unanimous consent to temporarily was given permission to revise and ex- tend his remarks.)
withdraw the bill. tend his remarks.) Mr. MORAN of Virginia. Mr. Speak-
The SPEAKER pro tempore. Is there Mr. DAVIS of Virginia. Mr. Speaker, er, I strongly support this legislation
objection to the request of the gen- H.R. 4237, which we have just passed, is that moves the convention center for-
tleman from California? a bill that permits the District of Co- ward for the District of Columbia.
There was no objection. lumbia to move forward with a financ- Frankly, having a world class conven-
f ing plan for the purpose of building a tion center in the Washington metro-
new state-of-the-art convention center politan area is something that the en-
DISTRICT OF COLUMBIA CONVEN- in downtown Washington. tire region needs, and there are subur-
TION CENTER AND SPORTS This bill authorizes the Washington ban jurisdictions that would have loved
ARENA AUTHORIZATION ACT Convention Center Authority, an inde- to have had this center within their ju-
AMENDMENTS pendent agency, to issue bonds and risdiction. I can say, quite frankly, we
Mr. DAVIS of Virginia. Mr. Speaker, waive the 30-day waiting period for the had some great sites for it.
I ask unanimous consent that the Com- D.C. City Council enactment to go into But the fact is, it belongs in the cen-
mittee on Government Reform and effect. Its passage this evening is im- ter city. Had the business community,
Oversight be discharged from further portant so they can get immediate the residential community, the politi-
consideration of the bill (H.R. 4237) to Senate consideration and be signed by cal community not gotten their act to-
amend the District of Columbia Con- the President, and we can be in the gether they might have lost this, but
vention Center and Sports Arena Au- ground and starting construction the this is a credit to the fact that there is
thorization Act of 1995 to revise the 1st of September. that kind of symbiotic relationship
revenues and activities covered under Our subcommittee has followed the that is acting in a constructive manner
such Act, and for other purposes, and effort to build a new convention center today, particularly the hotel, the res-
ask for its immediate consideration in in downtown Washington with great in- taurant, and the tourism industry.
the House. terest. We think this is critical for the They deserve this convention center.
The Clerk read the title of the bill. city to reestablish a tax base in down- Most importantly, the people of the
The SPEAKER pro tempore. Is there town Washington, and working with District of Columbia deserve this con-
objection to the request of the gen- the MCI Center, we will build, we vention center and all the economic
tleman from Virginia? think, a revitalization of the downtown benefits it will provide.
There was no objection. area. I thank the gentleman who chairs
The Clerk read the bill, as follows: Over time it is estimated that the the District of Columbia authorizing
H.R. 4237 situation only gets worse in terms of committee for moving this legislation
Be it enacted by the Senate and House of Rep- attracting tourism if we were to go forward at a rapid pace, and I look for-
resentatives of the United States of America in with the existing center. The District ward to the day that we can all go to
Congress assembled, of Columbia’s existing Convention Cen- this convention center and enjoy not
SECTION 1. REVENUES AND ACTIVITIES COV- ter is now only the 30th largest in the
ERED UNDER WASHINGTON CON-
only the center itself, but all the eco-
VENTION CENTER AND SPORTS country, and it can accommodate only nomic and social benefits it will bring
ARENA AUTHORIZATION ACT OF approximately 55 percent of national to this great capital city.
1995. conventions and exhibition shows. Mr. DAVIS of Virginia. Mr. Speaker,
(a) IN GENERAL.—Section 101 of the District That is a serious blow to the District’s will the gentleman yield?
of Columbia Convention Center and Sports economy. A new convention center will Mr. MORAN of Virginia. I yield to
Arena Authorization Act of 1995 (DC Code,
provide much needed jobs for the city, the gentleman from Virginia.
sec. 47–396.1) is amended by striking sub-
sections (a) and (b) and inserting the follow- and an increase in locally-generated Mr. DAVIS of Virginia. Mr. Speaker,
ing: local tax base revenue. It will boost I also want to thank Tracy Cox and
‘‘The fourth sentence of section 446 of the morale for the entire region. Peter Sirh of my staff for the staff
District of Columbia Home Rule Act (DC I want to thank the General Ac- work they have done on this.
Code, sec. 47–304) shall not apply with respect counting Office and the General Serv- Ms. NORTON. Mr. Speaker, I ask my col-
to the expenditure or obligation of any reve- ices Administration for their respec- leagues to amend the D.C. Convention Center
nues of the Washington Convention Center tive roles in analyzing the development and Sports Arena Authorization Act of 1995 in
Authority for any purpose authorized under
the Washington Convention Center Author-
of the financing plan for the new Wash- order to enable the Washington Convention
ity Act of 1994 (D.C. Law 10–188).’’. ington Convention Center. Their thor- Center Authority (Authority) to finance revenue
(b) RULE OF CONSTRUCTION REGARDING REV- ough analysis has reinforced our con- bonds for the cost of constructing a new con-
ENUE BOND REQUIREMENTS UNDER HOME RULE fidence in permitting the District to vention center in downtown D.C. This legisla-
ACT.—Nothing in the District of Columbia move forward with this project. tion moves forward the hope and promise of
Convention Center and Sports Arena Author- I also want to thank the District’s the 1995 legislation for a sports arena and a
ization Act of 1995 may be construed to af- Financial Control Board for their hard convention center, twin centerpieces of eco-
fect the application of section 490 of the Dis- work and oversight on the development nomic development and jobs in the city and
trict of Columbia Home Rule Act to any rev-
enue bonds, notes, or other obligations
of this project. The Control Board is revitalization of downtown in the District. The
issued by the Council of the District of Co- empowered to approve or disapprove all quick and efficient construction of the MCI
lumbia or by any District instrumentality to city borrowing, and this sign-off of the Center and the new jobs and revenue the
which the Council delegates its authority to financial package I think gives every- arena has brought to D.C. residents have en-
issue revenue bonds, notes or other obliga- one more confidence in its viability. couraged the city to complete its work on a
tions under such section. After reviewing information from convention center, where the need has long
SEC. 2. WAIVER OF CONGRESSIONAL REVIEW OF both the proponents and opponents of been conceded.
WASHINGTON CONVENTION CENTER
AUTHORITY FINANCING AMEND-
the project, our committee has unani- In every other city in the United States, this
MENT ACT OF 1998. mously approved the project, and the matter would not come before any but the
Notwithstanding section 602(c)(1) of the Control Board has, in effect, reported local city council. Unfortunately, unlike every
District of Columbia Home Rule Act, the to Congress that all aspects of the other city, the District does not have legislative
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6827
and budget autonomy and therefore cannot concerning many issues, including location, Transportation and related agencies
spend its own funds unless authorized by size, and job creation, in addition to the strictly for the fiscal year ending September 30,
Congress. financial issues. 1999, and for other purposes,’’ requests
Extensive hearings in the D.C. City Council This convention center has an unusual fi- a conference with the House on the dis-
have been held on the underlying issues, with nancial base, which I believe other cities might agreeing votes of the two Houses there-
an informed and vigorous debate by members do well to emulate. The financing arises from on, and appoints Mr. SHELBY, Mr.
of the City Council. On June 16, the City a proposal by the hotel and restaurant industry DOMENICI, Mr. SPECTER, Mr. BOND, Mr.
Council approved legislation to finance the for taxes on their own industry that would not GORTON, Mr. BENNETT, Mr. FAIRCLOTH,
new convention center, and on July 7, the City have been available to the city for any other Mr. STEVENS, Mr. LAUTENBERG, Mr.
Council passed a bond inducement resolution purpose. The proposal was made at a time BYRD, Ms. MIKULSKI, Mr. REID, Mr.
to approve the Authority’s proposal for the when the city’s need for revenue and jobs has KOHL, Mrs. MURRAY, and Mr. INOUYE, to
issuance of dedicated tax revenue bonds to fi- been especially pressing. For many years, the be the conferees on the part of the Sen-
nance construction of the convention center. District had been unable to attract large con- ate.
On July 13, the D.C. Financial Responsibility ventions. Not only has the District lost billions The message also announced that the
and Management Assistance Authority (Con- as a result; the local hotel and restaurant in- Senate passed a concurrent resolution
trol Board) gave its final approval to the fi- dustry has suffered from the absence of a of the following title in which concur-
nancing plan for the project, leaving only con- large convention center. It is estimated that rence of the House is requested:
gressional authorization, which is necessary the inadequacy of the current facility led to the S. Con. Res. 114. Concurrent resolution pro-
for the District to proceed to the bond market. loss of $300 million in revenue from lost con- viding for a conditional adjournment or re-
On July 15, the Subcommittee on the Dis- ventions in 1997 alone. My legislation will en- cess of the Senate and a conditional adjourn-
trict of Columbia heard testimony from Mayor able the District to compete for its market ment of the House of Representatives.
Marion Barry, City Council Chair Linda Cropp, share in the convention industry for the first f
City Council Member Charlene Drew Jarvis,
b
time in many years.
Control Board Chair Andrew Brimmer, Author- The delay in building an adequate conven- 2145
ity President Terry Golden, and representa- tion center has been very costly to the District. BIPARTISAN CAMPAIGN
tives of the General Accounting Office (GAO) In a town dominated by tax exempt property, INTEGRITY ACT OF 1997
and the General Services Administration especially government buildings, a convention
(GSA) on the financial aspects of the project. center is one of the few projects that can bring The SPEAKER pro tempore (Mr.
After hearing this testimony, I am satisfied that significant revenues. To that end, the District LAHOOD). Pursuant to House Resolu-
the Authority is ready to proceed with the intends to break ground this September. I ask tion 442 and rule XXIII, the Chair de-
issuance of bonds to secure financing, allow- for expeditious passage on this bill. clares the House in the Committee of
ing the Authority to begin to break ground pos- Mr. Speaker, I yield back the balance the Whole House on the State of the
sibly as early as September. Considering the of my time. Union for the further consideration of
many years’ delay and the millions in lost rev- The bill was ordered to be engrossed the bill, H.R. 2183.
enue to the District, ground breaking cannot and read a third time, was read the
third time, and passed, and a motion to
b 2150
come too soon.
reconsider was laid on the table. IN THE COMMITTEE OF THE WHOLE
Although the GAO testified that the cost of
constructing the new convention center would f Accordingly, the House resolved
be $708 million, $58 million more than the itself into the Committee of the Whole
MESSAGE FROM THE SENATE House on the State of the Union for the
$650 million estimate, this $58 million is not
attributable to the cost of the center but to cer- A message from the Senate by Mr. further consideration of the bill (H.R.
tain costs that should be borne by entities Lundregan, one of its clerks, an- 2183) to amend the Federal Election
other than the Authority. For example, vendors nounced that the Senate had passed Campaign Act of 1971 to reform the fi-
who will operate in the facility are anticipated with amendments in which the concur- nancing of campaigns for elections for
to contribute $17.7 million in equipment costs; rence of the House is requested, bills of Federal office, and for other purposes,
the District government will provide $10 million the House of the following titles: with Mr. BLUNT (Chairman pro tem-
for utility relocation from expected Department H.R. 4194. An act making appropriations pore) in the chair.
of Housing and Urban Development grants; for the Departments of Veterans Affairs and The Clerk read the title of the bill.
and the President has requested $25 million in Housing and Urban Development, and for The CHAIRMAN pro tempore. When
sundry independent agencies, boards, com- the Committee of the Whole House rose
his budget to expand the Mount Vernon missions, corporations, and offices for the
Square Metro station. earlier today, the amendment offered
fiscal year ending September 30, 1999, and for
The GSA testified that the agency had other purposes.
by the gentleman from Pennsylvania
worked closely with the Authority to keep the H.R. 4328. An act making appropriations (Mr. PETERSON) had been disposed of.
costs of the project down. With the GSA’s as- for the Department of Transportation and It is now in order to consider amend-
sistance, the Authority secured a contract with related agencies for the fiscal year ending ment No. 22 offered by the gentleman
a construction manager for a ‘‘Guaranteed September 30, 1999, and for other purposes. from Georgia (Mr. BARR).
Maximum Price,’’ whereby the private contrac- The message also announced that the Mr. BARR of Georgia. Mr. Chairman,
tor is given incentives to keep costs down and Senate insists upon its amendment to I ask unanimous consent to withdraw
assumes the risk for any cost overruns. the bill (H.R. 4194) ‘‘An Act making ap- amendment No. 22, and ask the House
Mayor Marion Barry testified, among other propriations for the Departments of to consider amendment No. 23, at the
things, regarding the promise of additional Veterans Affairs and Housing and Chairman’s desk.
jobs for District residents. He said that the Urban Development, and for sundry The CHAIRMAN pro tempore. Is
new convention center would create nearly independent agencies, boards, commis- there objection to the request of the
1,000 new construction jobs, and that once sions, corporations and offices for the gentleman from Georgia?
the facility is completed, it would generate fiscal year ending September 30, 1999, There was no objection.
nearly 10,000 jobs in the hospitality and tour- and for other purposes,’’ requests a AMENDMENT OFFERED BY MR. BARR OF GEORGIA
ism industries. He testified that, using some of conference with the House on the dis- TO THE AMENDMENT IN THE NATURE OF A SUB-
the approaches that were successful with the agreeing votes of the two Houses there- STITUTE NO. 13 OFFERED BY MR. SHAYS
MCI Center, special training and goals for jobs on and appoints Mr. BOND, Mr. BURNS, Mr. BARR of Georgia. Mr. Chairman,
for D.C. residents would be met. Mr. STEVENS, Mr. SHELBY, Mr. CAMP- I offer amendment No. 23 to the amend-
The District of Columbia Subcommittee BELL, Mr. CRAIG, Ms. MIKULSKI, Mr. ment in the nature of a substitute No.
hearing was not a reprise of the lengthy D.C. LEAHY, Mr. LAUTENBERG, Mr. HARKIN, 13 offered by Mr. SHAYS.
City Council hearings, and, on home rule and Mr. BYRD, to be the conferees on The CHAIRMAN. The Clerk will des-
grounds, did not attempt to repeat issues of the part of the Senate. ignate the amendment to the amend-
local concern. However, since the issues of fi- The message also announced that the ment in the nature of a substitute.
nancing and bonding before the Congress im- Senate insists upon its amendment to The text of the amendment to the
plicate other areas, the Subcommittee asked the bill (H.R. 4328) ‘‘An Act making ap- amendment in the nature of a sub-
extensive questions and received testimony propriations for the Department of stitute is as follows:
H6828 CONGRESSIONAL RECORD — HOUSE July 30, 1998
Amendment No. 23 offered by Mr. BARR of These are the wages of lingual dis- Mr. MEEHAN. Mr. Chairman, I yield
Georgia to the amendment in the nature of a unity. It is essential to our national in- 2 minutes to the gentleman from New
substitute No. 13 offered by Mr. SHAYS: terest to maintain one language, the Jersey (Mr. MENENDEZ).
Add at the end the following new title:
English language, in the transaction of Mr. MENENDEZ. Mr. Chairman, I
TITLE —PROHIBITING BILINGUAL our Nation’s business, government thank the gentleman for yielding time
VOTING MATERIALS
services, and, most importantly, vot- to me.
SEC. 01. PROHIBITING USE OF BILINGUAL VOT- ing. Again, the amendment of the gen-
ING MATERIALS.
What business of government is more tleman from Georgia (Mr. BARR) has
(a) PROHIBITION.—
important to the government and the nothing to do with campaign finance
(1) IN GENERAL.—No State may provide vot-
ing materials in any language other than people of a country than voting? By reform. Mr. Chairman, Republicans
English. making the choice to become an Amer- have a great idea to improve democ-
(2) VOTING MATERIALS DEFINED.—In this ican citizen, immigrants take upon racy: let us hold an election, but make
subsection, the term ‘‘voting materials’’ themselves the responsibility to learn sure some specially singled out voters
means registration or voting notices, forms, the English language and to become do not have the chance to read fully
instructions, assistance, or other materials productive citizens of this country. A about what the issues are, or who they
or information relating to the electoral proc- foreign language on a Federal ballot are voting for.
ess, including ballots. provides that an individual can still
(b) CONFORMING AMENDMENTS.—The Voting
Who do they seek to single out? True
Rights Act of 1965 is amended—
easily exercise one civic duty, and yet to form, they single out immigrants
(1) by striking section 203 (42 U.S.C. completely neglect their other duty of who fled political persecution or eco-
1973aa—1a); mastering the English language. nomic repression, who encourage their
(2) in section 204 (42 U.S.C. 1973aa–2), by Mr. Chairman, let us also note a par- children to study hard, who attend
striking ‘‘, or 203’’; and adox which exists with respect to this weekend classes to improve their
(3) in section 205 (42 U.S.C. 1973aa–3), by issue. Supporters of bilingual ballots English skills, all the while holding
striking ‘‘, 202, or 203‘‘ and inserting ‘‘or have argued that they are desperately down two jobs to support their fami-
202’’. needed. Claims have been made that lies. These are people proud to be
The CHAIRMAN pro tempore. Pursu- citizens who speak foreign languages American citizens.
ant to the order of the House on Fri- would be less likely to register and Yes, there is an elementary language
day, July 17, 1998, the gentleman from vote if they could not vote with a bilin- provision under the immigration law to
Georgia (Mr. Barr) and a Member op- gual ballot. Studies, I might add par- become a United States citizen, but
posed each will control 5 minutes. enthetically, do not prove this to be there are also exceptions for those sen-
The Chair recognizes the gentleman the case. iors who are elderly and who are ex-
from Georgia (Mr. BARR). Yet, the same people who support bi- empted. They would be not having the
Mr. BARR of Georgia. Mr. Chairman, lingual ballots because people are not access to understand what they are
I yield myself such time as I may con- learning English turn right around and voting for.
sume. say a constitutional amendment mak- Think about the ballot questions
Mr. Chairman, I have introduced an ing English the official language of that come forth and the complexity of
amendment which bans the use of bi- American government is unnecessary those ballot questions. These are peo-
lingual ballots in Federal elections. We because everybody is already learning ple Republicans want to punish. I say
know that almost 25 years ago this the language. to my friends on the other side of the
Congress provided for bilingual ballots. Mr. Chairman, the only essential
aisle, people who use bilingual voting
Back then our country was just begin- thing is that when languages other
materials are people who want to par-
ning to see a huge influx of immigrants than English appear on a ballot, the
language of the ‘‘immigrant ancestors’’ ticipate in the process, who want to be
to our shores who wished to exercise informed about the issues, who want to
their right to vote when they became is given official status by the Federal
Government co-equal with the English know where the candidates stand. Oth-
American citizens. erwise, they would not be using these
We need to recognize that if an indi- language. That is neither contemplated
nor appropriate. It is certainly not con- materials in the first place.
vidual becomes a naturalized citizen of Come November, I believe these hard-
this country, they are required to dem- templated in our citizenship laws,
which require proficiency in the working Americans who pay their
onstrate a knowledge of English before taxes, serve in the Armed Forces of the
they can achieve citizenship status. English language to become a citizen.
Bilingual ballots are just one more United States, and are Americans in all
This Congress, in 1950, explicitly added other respects, will remember the con-
way that well-meaning people hinder
a specific requirement that persons tempt this amendment treats them
the progress of certain groups in this
who wish to become citizens must with.
country of foreign ancestry. English is
‘‘demonstrate an understanding of We should vote down this amendment
the language of this Nation. Those who
English language, including an ability and at the same time keep Shays-Mee-
do not learn it will be unable to take
to read, write, and speak words in ordi- han free from anything that is not
their rightful place and excel in the po-
nary usage in the English language.’’ campaign finance reform.
litical arena, in the economic arena, in
While we require individuals to learn Mr. MEEHAN. Mr. Chairman, I yield
the education arena, and every other
English, bilingual ballots contradict 1 minute to the gentleman from Texas
arena in this land.
this by allowing them to vote in their I ask my colleagues to vote for this (Mr. DOGGETT).
native language, a language other than important amendment, which simply Mr. DOGGETT. Mr. Chairman, I
the English language. reaffirms existing law on citizenship thank the gentleman for yielding time
We all recognize, Mr. Chairman, that and brings that down to the ballot box, to me.
our Nation is made up of more nation- where it is perhaps the most important Mr. Chairman, I begin by saluting my
alities than any other country in the indice and most important chore and colleague, the gentleman from Massa-
world. We are all proud of that fact, be- responsibility, and indeed, right that chusetts (Mr. MEEHAN), and the gen-
cause it demonstrates and confirms to any citizen has, naturalized or native tleman from Connecticut (Mr. SHAYS),
us what we have always known about born. for their tremendous patience. Because
America, that it remains the best Mr. Chairman, I reserve the balance as we are seeing with this amendment,
country in the world. of my time. we have been offered everything but
However, all we need do is look to The CHAIRMAN pro tempore. Does the kitchen sink as an amendment to
our neighbor in the north, Canada. the gentleman from Massachusetts this bill.
Canada is a divided nation, a deeply di- (Mr. MEEHAN) rise in opposition to the This really has nothing to do with
vided nation, a sometimes violently di- amendment? the underlying issue of campaign fi-
vided nation, because of the acceptance Mr. MEEHAN. I do, Mr. Chairman. nance reform. It does have to do with a
of but two, but two, national lan- The CHAIRMAN. The gentleman movement concerning proficiency in
guages, only two. Look at the problems from Massachusetts (Mr. MEEHAN) is English, which I agree is an important
they have: near secession, rioting. recognized for 5 minutes. part of being an American. But I also
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6829
know that there are many people that ess that they have worked so hard and The CHAIRMAN pro tempore. The
are some of our strongest and best so dearly to attain. Clerk will designate the amendment.
Americans whose first language is, in Last but not least is the complexity The text of the amendment is as fol-
my community, Spanish or Vietnam- by which many questions are placed on lows:
ese. They are some of our hardest the ballot. Again, they need some de- Amendment No. 24 offered by Mr.
working citizens. They pay taxes, they scription, some assistance. By having TRAFICANT to the amendment in the
contribute to our community, and they such a referendum in their own lan- nature of a substitute No. 13 offered by
deserve a right to participate in the guage, it provides an easy way for peo- Mr. SHAYS:
electoral process. ple who are truly Americans to be able Add at the end the following new title:

b 2200
to participate in the voting process
that we so rightly and so richly de-
TITLE —EXPULSION PROCEEDINGS FOR
HOUSE MEMBERS RECEIVING FOREIGN
As I review the specifics of this serve. CONTRIBUTIONS
amendment that the gentleman from Mr. BARR of Georgia. Mr. Chairman, SEC. 01. PERMITTING CONSIDERATION OF
Georgia (Mr. BARR) is offering, it al- I yield myself such time as I may con- PRIVILEGED MOTION TO EXPEL
HOUSE MEMBER ACCEPTING ILLE-
lows the ballots to be bilingual, which sume. GAL FOREIGN CONTRIBUTION.
they certainly should be. It is the vot- Mr. Chairman, it is interesting, of (a) IN GENERAL.—If a Member of the House
ing materials that he says cannot be in course, that the opponents of this very of Representatives is convicted of a violation
another language. simple and straightforward amendment of section 319 of the Federal Election Cam-
My goodness, in our State, we pro- regarding the fact that voting mate- paign Act of 1971 (or any successor provision
vide instructions, we use bilingual in- rials provided by the government prohibiting the solicitation, receipt, or ac-
structions to teach people how to get a should be in English, not in other lan- ceptance of a contribution from a foreign na-
driver’s license. Why can we not pro- guages, it is very interesting that they tional), it shall be in order in the House at
refer several times to an amendment to any time after the fifth legislative day fol-
vide the same manner of instruction
the laws of this land that provide for a lowing the date on which the Member is con-
for those who want to exercise their victed to move to expel the Member from the
franchise as Americans? I can tell my small category of persons, elderly, who House of Representatives. A motion to expel
colleagues that in the State of Texas, speak another language who have been a Member under the authority of this sub-
unlike some other parts of the world, in this country for a certain lengthy section shall be highly privileged. An amend-
language is not dividing us. It is only number of years. They keep referring ment to the motion shall not be in order, and
those who attack other languages and to that, yet I am sure that they would it shall not be in order to move to reconsider
other cultures from their own mis- not agree to a friendly amendment the vote by which the motion was agreed to
that those people indeed could have bi- or disagreed to.
understanding who divide us.
lingual materials. They are just op- (b) EXERCISE OF RULEMAKING AUTHORITY.—
Mr. Chairman, let us come together This section is enacted by Congress—
and support what this bill is all about posed to having these materials in the (1) as an exercise of the rulemaking power
and not get divided over a question of English language. of the House of Representatives, and as such
bilingual information for voters. Mr. Chairman, they are so opposed to it is deemed a part of the rules of the House
Mr. MEEHAN. Mr. Chairman, how it, that they call this a poison pill. A of Representatives, and it supersedes other
much time do we have remaining? poison pill, simply saying that ballot rules only to the extent that it is inconsist-
The CHAIRMAN pro tempore (Mr. materials, voting materials shall be in ent therewith; and
the English language. That is somehow (2) with full recognition of the constitu-
BLUNT). The gentleman from Massa-
poisonous to this country, that is poi- tional right of the House of Representatives
chusetts (Mr. MEEHAN) has 11⁄2 minutes to change the rule at any time, in the same
remaining, and the gentleman from sonous to the standards, to voting pro-
manner and to the same extent as in the case
Georgia (Mr. BARR) has 1 minute re- cedures in this country. of any other rule of the House of Representa-
maining, and has the right to close. That, I think, says perhaps more tives.
Mr. MEEHAN. Mr. Chairman, I yield than anything else, more than all of
the great eloquent words on the other MODIFICATION TO AMENDMENT NO. 24 OFFERED
the balance of my time to the gen- BY MR. TRAFICANT TO THE AMENDMENT IN
tleman from Rhode Island (Mr. side that this to them is poisonous,
THE NATURE OF A SUBSTITUTE NO. 13 OFFERED
WEYGAND), a leader in the effort of simply standing up for the English lan- BY MR. SHAYS.
campaign finance reform. guage. Mr. TRAFICANT. Mr. Chairman, I
Mr. WEYGAND. Mr. Chairman, I Mr. Chairman, I urge adoption of the
ask unanimous consent that my
thank the gentleman from Massachu- amendment.
The CHAIRMAN pro tempore. The amendment be modified with the lan-
setts (Mr. MEEHAN) for yielding me this guage that will be sent to the desk
question is on the amendment offered
time, and for the great work he has forthwith.
by the gentleman from Georgia (Mr.
been doing on this. In closing, let me Mr. Chairman, I would like to read it
BARR) to the amendment in the nature
remake a couple of the points that and send it up to the Clerk here. It
of a substitute No. 13 offered by the
have been said so eloquently by my col- would strike on page 1, line 12, after
gentleman from Connecticut (Mr.
leagues here. ‘‘foreign national’’ and all that follows
SHAYS).
First, this proposed amendment is The question was taken; and the through line 14, page 2, and insert the
not about campaign finance reform. Chairman announced that the noes ap- following:
This is more properly before discussion peared to have it. ‘‘The Committee on Standards of Of-
and debate on voters’ rights and the Mr. BARR of Georgia. Mr. Chairman, ficial Conduct shall immediately con-
Voting Act. I demand a recorded vote. sider the conduct of the Member and
Number two, the gentleman from The CHAIRMAN pro tempore. Pursu- shall make a report and recommenda-
Georgia (Mr. BARR) talks about this is ant to the rule, further proceedings on tion to the House forthwith concerning
not an allowable provision under the the amendment offered by the gen- that Member, which may include a rec-
Voting Act. He in fact says that it is tleman from Georgia (Mr. BARR) to the ommendation for expulsion.’’
not allowable for people who do not un- amendment in the nature of a sub- Mr. Chairman, I will send it to the
derstand English to be American citi- stitute No. 13 offered by the gentleman Committee and I would like to, if the
zens under the 1975 Voting Act. from Connecticut (Mr. SHAYS) will be Committee is satisfied and there is no
Mr. Chairman, that is not true. The postponed. objection, proceed with my amend-
fact is that people that are older and It is now in order to consider the ment.
have been here for 15 or 20 years, de- amendment by the gentleman from The CHAIRMAN pro tempore. The
pending upon their age, are allowed to Ohio (Mr. TRAFICANT). Chair will treat the modification as
become citizens of the United States by AMENDMENT NO. 24 OFFERED BY MR. TRAFICANT having been read.
taking a test in their own language. TO THE AMENDMENT IN THE NATURE OF A SUB- Is there objection to the request of
This, therefore, would discriminate STITUTE NO. 13 OFFERED BY MR. SHAYS the gentleman from Ohio?
against many of the older immigrant Mr. TRAFICANT. Mr. Chairman, I There was no objection.
Americans who have been naturalized offer an amendment to the amendment The CHAIRMAN pro tempore. The
from participating in the voting proc- in the nature of a substitute. amendment is modified.
H6830 CONGRESSIONAL RECORD — HOUSE July 30, 1998
Pursuant to the order of the House So, I would rise in support, and yield Mr. CAMPBELL. Mr. Chairman, I ask
on Friday, July 17, 1998, the gentleman back with my compliments to the gen- unanimous consent to claim the time
from Ohio (Mr. TRAFICANT), and a tleman from Ohio. otherwise reserved for one who is in op-
Member opposed each will control 5 Mr. TRAFICANT. Mr. Chairman, I position.
minutes. yield such time as he may consume to The CHAIRMAN pro tempore. Is
The Chair recognizes the gentleman the distinguished gentleman from there objection to the request of the
from Ohio (Mr. TRAFICANT). Maryland (Mr. CARDIN), a fellow grad- gentleman from California (Mr. CAMP-
Mr. TRAFICANT. Mr. Chairman, I uate of the University of Pittsburgh. I BELL)?
yield myself such time as I may con- think his improvement of this amend- There was no objection.
sume. ment is well worth his time. Mr. CAMPBELL. Mr. Chairman, I
Mr. Chairman, it was not my inten- Mr. CARDIN. Mr. Chairman, I thank yield back the balance of my time.
tion to bypass the Committee on the gentleman from Ohio (Mr. TRAFI- Mr. TRAFICANT. Mr. Chairman, I
Standards of Official Conduct. It is my CANT) for his willingness to work with yield back the balance of my time.
intention, however, to highlight the us on this amendment. The point that The CHAIRMAN pro tempore. The
importance of the infusion of illegal he is raising is a very important point, question is on the amendment, as
foreign money into our campaigns. and that is if a Member has been con- modified, offered by the gentleman
If we are to truly reform this system, victed of violating the foreign con- from Ohio (Mr. TRAFICANT) to the
there must be that statement which tribution ban, that that matter must amendment in the nature of a sub-
exists within this reform. The original be immediately considered by the Com- stitute No. 13 offered by the gentleman
Traficant language said within 5 days mittee on Standards of Official Con- from Connecticut (Mr. SHAYS).
duct and a report must come back The amendment, as modified, to the
it must be brought to the floor, once a
forthwith to the House for action. amendment in the nature of a sub-
Member has been convicted of having
I think that that is the appropriate stitute was agreed to.
knowingly accepted an illegal cam- The CHAIRMAN pro tempore. It is
paign contribution. way to handle it. I want to congratu-
late the gentleman for bringing this to now in order to consider amendment
The Committee on Standards of Offi-
our attention. It is very important that No. 25.
cial Conduct, and some of the Members
the House have an opportunity to act AMENDMENT OFFERED BY MR. BLUNT TO THE
who have done a good job, including AMENDMENT IN THE NATURE OF A SUBSTITUTE
the gentleman from Maryland (Mr. promptly when these types of cir-
NO. 13 OFFERED BY MR. SHAYS
CARDIN), believe that perhaps it would cumstances develop. Hopefully, it will
never happen, but it is important that Mr. BLUNT. Mr. Chairman, I offer
be seen as an effort to circumvent and amendment No. 25 as the designee of
to bypass the Committee on Standards that statement be made. I congratulate
my colleagues. the gentleman from Texas (Mr. DELAY)
of Official Conduct. It is not my inten- to the amendment in the nature of a
tions to do that, but I will say this. Mr. TRAFICANT. Mr. Chairman, I
yield such time as he may consume to substitute.
The key words in there, ‘‘it shall be im- The CHAIRMAN pro tempore. The
the gentleman from Tennessee (Mr.
mediately referred’’ to that committee Clerk will designate the amendment to
WAMP).
and ‘‘it shall be brought forthwith’’ Mr. WAMP. Mr. Chairman, I thank the amendment in the nature of a sub-
without placing any specific dates on the gentleman from Ohio (Mr. TRAFI- stitute.
that. CANT) for yielding me this time. The text of the amendment to the
And the original Traficant amend- Mr. Chairman, for those that may be amendment in the nature of a sub-
ment never did say that that Member following this debate and wonder at stitute is as follows:
had to be expelled, but there had to be times what ‘‘poison pill’’ and some of Amendment No. 25 offered by Mr. BLUNT to
a vote on expulsion. It would still be the references actually mean, I want to the amendment in the nature of a substitute
subject to the same constitutional re- point to the motives of the Shays-Mee- No. 13 offered by Mr. SHAYS:
quirements. I am hoping that this will At the appropriate place, insert the follow-
han effort. That is really to try to re- ing:
satisfy, but it will still associate with move the influence that special inter- SEC. . EXPRESS ADVOCACY DETERMINED WITH-
that heinous crime some punishment ests have on Federal election cam- OUT REGARD TO BACKGROUND
timely with the deed. paigns. MUSIC.
Mr. Chairman, the House should not I also want to point out, with this Section 301 (2 U.S.C. 431) is amended by
let those matters be carried over too amendment being an example, that we adding at the end the following new para-
long. And having conferred with our are not killing everything that comes graph:
ranking member of that committee, I ‘‘(20) In determining whether any commu-
up. If it is germane, if it is special in- nication by television or radio broadcast
am comfortable with it. terest, if it is about money in Federal constitutes express advocacy for purposes of
Mr. Chairman, I yield such time as he elections, and it is something that is this Act, there shall not be taken into ac-
may consume to the gentleman from going in the same direction of real re- count any background music used in such
California (Mr. CAMPBELL). form, we are willing to work with the broadcast.’’
Mr. CAMPBELL. Mr. Chairman, I authors of amendments such as the The CHAIRMAN pro tempore. Pursu-
was going to ask to claim the time in gentleman from Ohio (Mr. TRAFICANT) ant to the order of the House Friday,
opposition, but I am not in opposition and this is a great example. July 17, 1998, the gentleman from Mis-
but in support of the gentleman’s Mr. Chairman, I commend the gen- souri (Mr. BLUNT) and the gentleman
amendment. I appreciate the gen- tleman for his work and his persistence from California (Mr. CAMPBELL) will
tleman from Ohio (Mr. TRAFICANT) on this legitimate issue of foreign each control 5 minutes.
yielding me this time. Perhaps we money coming into the American Fed- The Chair recognizes the gentleman
could conclude debate on this quite eral political process. There is some from Missouri (Mr. BLUNT).
quickly. domestic money that we think is also Mr. BLUNT. Mr. Chairman, I yield
Mr. Chairman, I would like to put on egregious and we are trying to put myself such time as I may consume.
the record that I appreciate two things: some reasonable limitations on soft Mr. Chairman, I offer this amend-
the conscientious concern of the gen- money and the proliferation of these ment in defense of music. I represent
tleman from Ohio about the conduct of outside interests. I thank the gen- one of the music capitals of the world,
Members of this body; and, secondly, tleman for his work. Branson, Missouri. In Branson, we do
his accommodating the concerns that Mr. TRAFICANT. Mr. Chairman, I not quote Voltaire often but if we did,
have been expressed about the appro- appreciate the efforts of the committee we might paraphrase Voltaire by say-
priate functioning of our committee in helping to fashion this amendment. ing, ‘‘I may not like your choice of
structure by the amendment that he It was no intent to circumvent the music but I will defend to the death
made. Committee on Standards of Official your right to play it.’’
I think the gentleman’s amendment Conduct. They have done a fine job. We may ask ourselves, Mr. Chairman,
leaves the authority with the commit- Mr. Chairman, I urge an ‘‘aye’’ vote. what does music have to do with cam-
tee. It does not compel an answer one Mr. Chairman, I reserve the balance paign reform? I asked that very ques-
way or the other. of my time. tion myself. Yet the Federal Election
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6831
Commission speech police deemed blocks and thus sink the only chance The CHAIRMAN pro tempore. The
background music relevant. for real reform this year. Some of these question is on the amendment offered
I, like most reasonable people, do not amendments have that purpose. by the gentleman from Missouri (Mr.
think that the FEC has the authority I have the faith that we will enact BLUNT), as modified, to the amendment
or the right to decide what background real and honest campaign finance re- in the nature of a substitute No. 13 of-
music can or cannot be used in issue form. This bill is just the first step, not fered by the gentleman from Connecti-
ads. This amendment prohibits that a complete fix. I have faith that my cut (Mr. SHAYS).
kind of regulatory intimidation. colleagues will not vote for the amend- The amendment, as modified, to the
Now, I am not joking about this, Mr. ments that will kill this first step to- amendment in the nature of a sub-
Chairman. The FEC has a history of ward the reform that the American stitute was agreed to.
prosecuting on the basis of background people are asking for. The CHAIRMAN pro tempore. It is
music. For instance, in the case of
Christian Action Network versus FEC,
b 2215 now in order to consider amendment
No. 26.
the FEC stated that background music I ask my colleagues to vote against AMENDMENT OFFERED BY MR. MC INTOSH TO THE
should be a determining factor in es- this amendment and subsequent AMENDMENT IN THE NATURE OF A SUBSTITUTE
tablishing the presence of express advo- amendments that put the Shays-Mee- NO. 13 OFFERED BY MR. SHAYS
cacy. Thankfully, this case was dis- han reform bill in jeopardy. Mr. MCINTOSH. Mr. Chairman, I rise
missed and the FEC was severely casti- Mr. BLUNT. Mr. Chairman, I reserve as the designee of the gentleman from
gated in court for pursuing it. the balance of my time. Texas (Mr. DELAY) to offer amendment
The Fourth Circuit Court of Appeals Mr. CAMPBELL. Mr. Chairman, I No. 84 to the amendment in the nature
even awarded the victims of the FEC, yield myself such time as I may con- of a substitute.
the Christian Action Network, attor- sume. The CHAIRMAN pro tempore. The
neys’ fees because the prosecution was Our good friend and distinguished Clerk will designate the amendment.
not substantially justified. majority whip, the gentleman from The text of the amendment is as fol-
The Shays-Meehan bill is extremely Texas (Mr. DELAY), who offered this lows.
vague and the expansive definition of amendment, and I had a discussion. He Amendment offered by Mr. MCINTOSH to
express advocacy gives the FEC even is not present here, no doubt in connec- the amendment in the nature of a substitute
more rope to strangle speech by private tion with his duties of consoling the No.13 offered by Mr. SHAYS:
citizens and groups. Without my family of the heroic agent who died in In section 301(8) of the Federal Election
amendment, the FEC could again cite his office and the other officer as well. Campaign Act of 1971, as amended by section
background music as a basis for perse- But before this day, before that sad 205(a)(1)(B) of the substitute, add at the end
event, I discussed with the whip wheth- the following:
cution. Without my amendment, who (F) For purposes of subparagraph (C), no
knows what would happen if Shays- er the phrase ‘‘music’’ may be ambigu-
communication with a Senator or Member of
Meehan became the law of the land. ous, and I certainly doubt it was the the House of Representatives (including the
The Battle Hymn of the Republic, ex- whip’s intention, that lyrics be in- staff of a Senator or Member) regarding any
press advocacy if I ever heard it; John cluded in ‘‘music.’’ That is just obvi- pending legislative matter, regarding the po-
Philip Souza, forget it. You would have ous. sition of any Senator or Member on such
to have a legal defense fund. Francis The lyrics might say, and in giving matter, may be construed to establish co-
Scott Key in the background, you bet- this example, I will not sing, and im- ordination with a candidate.
ter call your lawyer. pose that on my colleagues. Vote for The CHAIRMAN pro tempore. Pursu-
We are not just whistling Dixie with DELAY, DELAY, DELAY; vote for ant to the order of the House of Friday
this amendment, Mr. Chairman. The DELAY, DELAY, DELAY,’’ to allow that July 17, 1998, the gentleman from Indi-
FEC has already tried using back- would obviously undermine the heart ana (Mr. MCINTOSH) and a Member op-
ground music in an enforcement ac- of the amendment. posed, each will control 5 minutes.
tion. If not for the Fourth Circuit What I am offering is, if my good The Chair recognizes the gentleman
Court, they would have gotten away friend and colleague from Missouri from Indiana (Mr. MCINTOSH).
with it. Do not let them try it again. It would be able, in the absence of the dis- Mr. MCINTOSH. Mr. Chairman, I un-
is time for the FEC to face the music, tinguished whip, to take a unanimous derstand there would be agreement to
Mr. Chairman. Stand up for freedom of consent to amend so that the phrase limit the time on each side to 3 min-
speech and freedom of music. Vote for ‘‘not including lyrics’’ is included right utes, which I would be willing to do,
this amendment. It is in tune with the after the word ‘‘music.’’ and I ask unanimous consent to so
first amendment. Mr. Chairman, I reserve the balance limit the debate.
Mr. CAMPBELL. Mr. Chairman, I of my time. The CHAIRMAN pro tempore. Is
yield 2 minutes to the distinguished MODIFICATION TO AMENDMENT OFFERED BY MR. there objection to the request of the
gentleman from Washington (Mr. BLUNT TO THE AMENDMENT IN THE NATURE OF gentleman from Indiana?
METCALF). A SUBSTITUTE NO. 13 OFFERED BY MR. SHAYS Mr. MEEHAN. Mr. Chairman, reserv-
(Mr. METCALF asked and was given Mr. BLUNT. Mr. Chairman, I ask ing the right to object, I just want to
permission to revise and extend his re- unanimous consent that the words understand the amendment, and I yield
marks.) ‘‘not including lyrics’’ be added after to the gentleman from Indiana (Mr.
Mr. METCALF. Mr. Chairman, I have the word ‘‘music.’’ MCINTOSH).
strongly supported campaign finance The CHAIRMAN pro tempore (Mr. Mr. MCINTOSH. Mr. Chairman, I
reform legislation for years and I have SNOWBARGER). Is there objection to the have seen it numbered 84. I have also
worked very hard for Washington request of the gentleman from Mis- seen it numbered 16 in some of the ma-
State’s excellent campaign finance re- souri? terials. And 26 is the number I under-
form bill, but our basic task today is to There was no objection. stand that it is.
pass the Shays-Meehan bill. The CHAIRMAN pro tempore. The Mr. MEEHAN. Mr. Chairman, could
Many of the amendments offered are amendment is so modified. the gentleman read the amendment so
good amendments, concepts I have sup- Mr. CAMPBELL. Mr. Chairman, I we are clear?
ported for years. In fact, I would have yield back the balance of my time. Mr. MCINTOSH. For purposes of sub-
voted for most of the amendments if Mr. BLUNT. Mr. Chairman, I yield paragraph (C), no communication with
they had not been added to this par- myself such time as I may consume. a Senator or Member of the House of
ticular bill, but there is a larger goal I just, again, would like to urge that Representatives (including the staff of
here today to pass the Shays-Meehan we clarify this and take the FEC clear- a Senator or Member) regarding any
bill. ly out of this realm of expression and, pending legislative matter, regarding
We must not let the perfect be the in defense of music, that we add this the position of any Senator or Member
enemy of the good. We cannot afford, modified amendment to the bill. on such——
in striving for a perfect bill, to add Mr. Chairman, I yield back the bal- Mr. MEEHAN. Mr. Chairman, I with-
amendments that split off key voting ance of my time. draw my reservation of objection.
H6832 CONGRESSIONAL RECORD — HOUSE July 30, 1998
The CHAIRMAN pro tempore. Is But under this bill, that coordination This is not about campaign finance
there objection to the request of the is an activity that would be defined as reform. This is essentially about how
gentleman from Indiana? prohibited coordination. Any and all to let more lobbyists into the door of
There was no objection. two-way communications, a phone call, legislative offices and be involved in
The CHAIRMAN pro tempore. The an interview, a meeting or exchange of designing and collaborating for cam-
gentleman from Indiana (Mr. letters, all of these perfectly legiti- paigns.
MCINTOSH) is recognized for 3 minutes. mate activities would be considered co- Mr. LEVIN. Mr. Chairman, will the
(Mr. MCINTOSH asked and was given ordination under this bill. gentleman yield?
permission to revise and extend his re- I am sure that was not the intent of Mr. FARR of California. I yield to
marks.) the authors, and we are offering this the gentleman from Michigan.
Mr. MCINTOSH. Mr. Chairman, I amendment as a way to correct that Mr. LEVIN. Mr. Chairman, I want to
yield myself such time as I may con- and construe the matter in a way that say to the gentleman from Indiana
sume. allows those type of communications. that the present FEC law where there
This amendment secures the right of Mr. Chairman, I yield back the bal- is that kind of a communication would
Members of Congress and our staffs to ance of my time. result in an in-kind contribution. You
receive information on pending legisla- Mr. FARR of California. Mr. Chair- really are changing, with your amend-
tive matters and to transmit informa- man, I rise in opposition to the amend- ment, unintentionally perhaps, present
tion regarding our positions on issues ment. FEC regulations. I would urge very
without them being deemed to be co- The CHAIRMAN pro tempore. The much that you take another look, be-
ordinated with the various outside or- gentleman from California (Mr. FARR) cause we would have to oppose this as
ganizations that provide or receive is recognized for 3 minutes. loosening present law. I think that is
such information. Mr. FARR of California. Mr. Chair- clear.
This includes all two-way commu- man, I yield myself such time as I may Mr. MCINTOSH. Mr. Chairman, if the
nication, whether it be questionnaires, consume. gentleman will continue to yield, cer-
conversations of any sort and exchange Mr. Chairman, I rise in opposition to tainly the intent is not to loosen exist-
of letters or any other communication. this amendment. Let us really look at ing law, though I am not convinced
The amendment offered by the gentle- the wording. I cannot believe that we that existing law puts those types of
woman from Washington (Mrs. LINDA want to suggest what this amendment limits on issue-oriented campaigns.
SMITH) does not protect this right, as I does. There is coordination as to helping a
will explain in a moment, and so it is This amendment weakens the exist- candidate with his or her election.
necessary to bring this amendment for- ing law, weakens the ability for the Then that is a different matter. It is
ward. FEC to enforce the law. This amend- certainly not the intention to change
Section 205 of the Shays-Meehan bill ment allows Members to conspire existing law.
defines ‘‘coordination with a can- about a campaign issue. Mr. FARR of California. Mr. Chair-
didate’’ as any of 10 broad categories of Let us take the tobacco issue. This man, reclaiming my time, it does. And
direct or indirect contacts, actual or amendment allows you to meet with a the language, just look at it, no com-
presumed, between a candidate, includ- lobbyist for the tobacco industry to munication may be construed to estab-
ing offices of incumbent Members of figure out how you are going to vote lish coordination. Those are the opera-
Congress and a citizen group. This co- and what Members are going to vote on tive words. I do not think that is in the
ordination includes all types of contact it and devise a campaign out of that. I best interest of campaign reform.
that are routine for issue-oriented do not think that is really what you The CHAIRMAN pro tempore. The
groups that lobby Congress, whether it want to happen. question is on the amendment offered
be an environmental group, a health Look at the language, no commu- by the gentleman from Indiana (Mr.
issues group or an abortion control nication with a Senator or Member of MCINTOSH) to the amendment in the
group, gun control or any other issue. the House, including a staff member, nature of a substitute No. 13 offered by
For example, section 205 can easily regarding any pending legislative mat- the gentleman from Connecticut (Mr.
be construed to prohibit issue-oriented ter regarding the position of the Sen- SHAYS).
groups from soliciting information ator or the Member on such matter The question was taken; and the
from candidates, including incumbent may be construed to establish coordi- Chairman pro tempore announced that
Members of Congress, regarding their nation with a candidate. You are say- the noes appeared to have it.
positions on issues, then communicat- ing that you cannot use that collabora- Mr. MCINTOSH. Mr. Chairman, I de-
ing that information to citizens in tion as being construed as collabora- mand a recorded vote.
grassroots lobbying or voter education tion under the law. Therefore, illegal. The CHAIRMAN pro tempore. Pursu-
campaigns. Mr. MCINTOSH. Mr. Chairman, will ant to House Resolution 442, further
The bill states that ‘‘coordination the gentleman yield? proceedings on the amendment offered
with a candidate’’ includes ‘‘a payment Mr. FARR of California. I yield to by the gentleman from Indiana (Mr.
made by a person pursuant to any gen- the gentleman from Indiana. MCINTOSH) will be postponed.
eral or particular understanding with a Mr. MCINTOSH. Mr. Chairman, I am It is now in order to consider amend-
candidate or an agent.’’ not aware of any current law that ment No. 27. The Chair understands
I am afraid that this could apply, for makes that type of communication il- that the amendment will not be of-
example, to the common practice of legal currently. fered.
issue-oriented groups sending can- Mr. FARR of California. It does. You It is now in order to consider amend-
didates a survey regarding their posi- cannot sit down in your office with a ment No. 28. It is the Chair’s under-
tions on an issue or group of issues or group that wants to do a campaign and standing that that amendment will not
sending a Member of Congress a letter figure out and coordinate how you are be offered.
soliciting his position on an issue and going to be working on legislation and It is now in order to consider amend-
then subsequently using it in a grass- then go out and run a campaign on it. ment No. 29. It is the Chair’s under-
roots communication. That is just totally illegal. You are standing that that amendment will not
Some groups use forms by which a making an exception for legislation. be offered as well.
lawmaker or other candidate can indi- I think it is an exception being made, It is now in order to consider the
cate his or her endorsement of a cer- frankly, that the big political battle amendment offered by the gentleman
tain legislative initiative, for example, here is for the tobacco interests. This from Minnesota (Mr. GUTKNECHT). Is
the balanced budget or even the Shays- bill would allow the tobacco interests there a designee for the gentleman
Meehan bill. Of course, these question- and the legislators to sit down and fig- from Minnesota (Mr. GUTKNECHT)?
naires are submitted with the general ure out a plan of how to run a national It is now in order to consider the
understanding, as the bill says, that campaign. Maybe that is not what you amendment offered by the gentleman
the sponsoring organization will dis- intended, but that is what the law al- from Colorado (Mr. BOB SCHAFFER). Is
seminate the answers to interested lows. And I do not think it is good, and there a designee for the gentleman
citizens. I would oppose it. from Colorado (Mr. BOB SCHAFFER)?
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6833
It is now in order to consider the Under the current rules of the House, in this body who would like to help
amendment by the gentleman from Mr. Chairman, we prohibit mass mail- challengers, most of us want to deal
California (Mr. HORN). ings under the frank in the 60-day pe- with people on an equal basis and
AMENDMENT OFFERED BY MR. HORN TO THE riod before a primary or a general elec- therefore provide equal benefits to peo-
AMENDMENT IN THE NATURE OF A SUBSTITUTE tion. This limit reduces one advantage ple running as incumbents and as out-
NO. 13 OFFERED BY MR. SHAYS enjoyed by incumbents under the cur- siders. Shays-Meehan has done a major
Mr. HORN. Mr. Chairman, I offer an rent system. The Shays-Meehan bill thing to restore some balance by set-
amendment to the amendment in the would expand this prohibition by elimi- ting the date at 6 months prior to an
nature of a substitute. nating mass mailings under the con- election. I know the gentleman from
The CHAIRMAN pro tempore. The gressional frank for the 6 months be- California (Mr. HORN) voluntarily does
Clerk will designate the amendment. fore an election. The limiting advan- not mail at all in the last year of the
The text of the amendment is as fol- tages for incumbents can be very ap- two-year cycle, but I do think that the
lows: propriate reform, but I believe we effort made in this bill moves in the
Amendment No. 32 offered by Mr. HORN to should also seek to level the playing right direction, to move the franking
the amendment in the nature of a substitute field for all candidates and thus im- privilege away from being a benefit to
No. 13 offered by Mr. SHAYS: prove the quality of the political dia- incumbent candidates.
Add at the end the following new title: I worry that the combination of op-
logue. That is the goal essentially of
TITLE—REDUCED POSTAGE RATES this amendment. I think that the fact position that might result both be-
SEC. 01. REDUCED POSTAGE RATES FOR PRIN- that we already can do that through cause it is too much reform, public fi-
CIPAL CAMPAIGN COMMITTEES OF
CONGRESSIONAL CANDIDATES. the State and national committees, nancing and because it takes on the in-
(a) IN GENERAL.—Section 3626(e)(2)(A) of this is simply clearing out the inter- cumbent with money that would go to
title 39, United States Code, is amended by mediaries and the middle people and his challenger, creates a situation in
striking ‘‘and the National Republican Con- getting it directly to the challengers which regrettably we would lose votes
gressional Committee’’ and inserting ‘‘the and to the incumbents. The difference for this bill from both ends of the polit-
National Republican Congressional Commit- is they would deliver the mail at 6.9 ical spectrum and perhaps endanger
tee, and the principal campaign committee cents for what is generally a mailer the enactment of Shays-Meehan which
of a candidate for election for the office of we all believe is a major improvement,
versus the 13.2 cents that is already
Senator or Representative in or Delegate or
Resident Commissioner to the Congress’’. paid. So it would help everybody. That, maybe not perfection but certainly the
(b) LIMITING REDUCED RATE TO TWO PIECES I think, is in the interest of the public best we can do in this very evenly bal-
OF MAIL PER REGISTERED VOTER.—Section to have a decent political debate in anced proposal. I would have to on that
3626(e)(1) of such title is amended by striking this country. basis regretfully indicate opposition.
the period at the end and inserting the fol- Mr. Chairman, I reserve the balance Mr. WAMP. Mr. Chairman, will the
lowing: ‘‘, except that in the case of a com- of my time. gentleman yield?
mittee which is a principal campaign com- Mr. FAZIO of California. Mr. Chair- Mr. FAZIO of California. I yield to
mittee such rates shall apply only with re- man, I rise in opposition to the amend- the gentleman from Tennessee.
spect to the election cycle involved and only Mr. WAMP. I thank the gentleman
ment.
to a number of pieces equal to the product of
The CHAIRMAN pro tempore (Mr. for yielding. I rise, too, in very reluc-
2 times the number (as determined by the
Postmaster General) of addresses (other than SNOWBARGER). The gentleman from tant opposition and I say reluctant be-
business possible delivery stops) in the con- California (Mr. FAZIO) is recognized for cause the author of this bill the gen-
The CHAIRMAN pro tempore. Pursu- 5 minutes. tleman from California (Mr. HORN) is
ant to the order of the House of Friday, Mr. FAZIO of California. Mr. Chair- not only one of the brightest individ-
July 17, 1998, the gentleman from Cali- man, I yield myself such time as I may uals in the House, he has been a true
fornia (Mr. HORN) and a Member op- consume. I think this is a very well-in- reformer, offering multiple bills and
posed, each will control 5 minutes. tentioned amendment, but I have prob- multiple amendments, really an aca-
The Chair recognizes the gentleman lems with it from several perspectives. demic expert in this issue of campaign
from California (Mr. HORN). First of all the estimate of cost made finance reform. But I do come from the
b 2230
by the Postal Service based on eight
candidates per district, primary and
other ideological perspective.
I encouraged the authors of Shays-
Mr. HORN. Mr. Chairman, I yield my- general, is $130 million. That is a very Meehan early on when it was in a dif-
self such time as I may consume. The large sum, one that I think would bring ferent form not to go the route of pub-
amendment I am offering is a straight- this bill under criticism from many lic financing, not to go the route of
forward effort to take a positive step who support Shays-Meehan but do not broadcaster financing and we have put
toward improving our campaigns. This support public financing. This would be together this coalition amazingly well
proposal would reduce the cost of cam- perceived to be a backdoor way of pro- of people who had great heartburn with
paigns for all candidates for Congress, viding public financing to candidates. those two provisions. This would effec-
those that are incumbent, those that Now, there are those who would ad- tively take us there, albeit in a small
are challengers. It will create a better vocate some sort of proposal like this if way, but it would take us there to pub-
balance between incumbents and chal- it were tied to the concept of spending lic financing. Frankly I am on this
lengers and it will encourage real de- limits. But this bill has avoided getting train with the understanding we were
bate and discussion of these issues that into that thicket because the con- not going to go to this destination. So
are very important to our voters. This troversy would weigh down the basic I certainly want to speak to that. But
is a proposal to level the playing field, benefits of passing the Shays-Meehan I very much commend the gentleman
for incumbents and challengers. law which many of us think does not go from California (Mr. HORN) for all that
With more and more millionaires en- far enough but many also believe is he continues to do because he is truly
tering politics, the change in the postal about all we can accomplish with this trying his best to go in our direction.
rate will give those who are not very even balance we have achieved Mr. FAZIO of California. Mr. Chair-
wealthy the opportunity to get out here on a bipartisan basis in this Con- man, I reserve the balance of my time.
their message by two mailings to each gress. Since there is no spending limit Mr. HORN. Mr. Chairman, I yield my-
household in their district. What this and there would be no way of inducing self such time as I may consume. Mr.
means is that you will get the postage people, therefore, into agreeing to Chairman, to say this is public financ-
at half the price it is now for can- limit their public spending, we would ing is not really accurate. Sure, money
didates but at the price that is already have to raise issues with this amend- is involved in postage. This is the post-
authorized in law for national party ment that frankly would cause us to al administration that has several bil-
committees and State party commit- come down on the side of a ‘‘no’’ vote. lion, I believe, in profits now. They de-
tees. This simply changes the law to The problem with this is that it is liver these at both the nonprofit rate
include candidates for Congress, that perceived as a way of giving chal- and the higher rate. It does not really
includes the Senate and Members of lengers funding. And while there may make any cost change in adding people
the House of Representatives. be people in the country and certainly to the route they run. It simply gives
H6834 CONGRESSIONAL RECORD — HOUSE July 30, 1998
now what is given to State parties to you have the increasing millionaires. I (1) by redesignating subsection (d) as sub-
the candidates. would hope we could rise above that section (e); and
The original Shays-Meehan bill and and give the challenger two mailings to (2) by inserting after subsection (c) the fol-
McCain-Feingold reform plans had a households in all our districts. You lowing new subsection:
proposal like this in them. Now, they have to pay for them. You pay for them ‘‘(d)(1) Notwithstanding any other provi-
probably took it out for some reason. sion of this section, if a candidate (or the
at half the rate you do now unless you
candidate’s authorized committee) believes
But I cannot imagine except incum- go through the party committee at the that a violation described in paragraph (2)
bents would not like this because that State level and the national level, and has been committed with respect to an elec-
would give their challenger a chance. I then you are going to get the rate right tion during the 90-day period preceding the
think we ought to get a little broader now which you can already do. If you date of the election, the candidate or com-
and not just be protecting incumbency, are calling that public financing, fine, mittee may institute a civil action on behalf
we ought to let the challengers have but it makes no sense, because the pub- of the Commission for relief) against the al-
the same type of opportunity we have; lic financing we are talking about is leged violator in the same manner and under
because, let us face it, incumbents gen- the same terms and conditions as an action
what is given Presidents of the United
instituted by the Commission under sub-
erally, unless you are running against States, candidates for the presidency, section (a)(6), except that the court involved
a millionaire, can have a lot in their and, that is, to have the money that is shall issue a decision regarding the action as
bank accounts. I do not happen to. So fungible throughout your campaign soon as practicable after the action is insti-
do hundreds of others in here. But a with no limit on when it is. This is one tuted and to the greatest extent possible
few of our Members, as we know, have limit, getting the two mailers to the issue the decision prior to the date of the
million-dollar campaign funds, and houses in your district. election involved.
that scares off the competition. This The CHAIRMAN pro tempore. The ‘‘(2) A violation described in this paragraph
would at least give the competition a question is on the amendment offered is a violation of this Act or of chapter 95 or
chance to get the message out twice, to by the gentleman from California (Mr. chapter 96 of the Internal Revenue Code of
1986 relating to—
the households in the district at the HORN) to the amendment in the nature
‘‘(A) whether a construction is in excess of
nonprofit rate. of a substitute No. 13 offered by the
an applicable limit or is otherwise prohibited
Mr. Chairman, I reserve the balance gentleman from Connecticut (Mr. under this act; or
of my time. SHAYS). ‘‘(B) whether an expenditure is an inde-
Mr. FAZIO of California. Mr. Chair- The question was taken; and the pendent expenditure under section 301(17).’’.
man, I yield myself the balance of my Chairman pro tempore announced that (b) EFFECTIVE DATE.—The amendments
time. the noes appeared to have it. made by this section shall apply with respect
Let me just conclude by saying I per- Mr. HORN. Mr. Chairman, I demand a to elections occurring after the date of the
sonally believe public financing is the recorded vote. enactment of this Act.
way of the future. I think we have ne- The CHAIRMAN pro tempore. Pursu-
The CHAIRMAN pro tempore. Pursu-
glected it in the presidential system ant to House Resolution 442, further
ant to the order of the House of Friday,
and need to reinvigorate public support proceedings on the amendment offered
July 17, 1998, the gentleman from Ari-
for it. But I am more concerned to- by the gentleman from California (Mr.
zona (Mr. SHADEGG) and a Member op-
night that we not impede progress on HORN) to the amendment in the nature
posed each will control 5 minutes.
Shays-Meehan, that we not upset the of a substitute No. 13 offered by the
balance that has been achieved in this gentleman from Connecticut (Mr. The Chair recognizes the gentleman
version of this bill. It is the best we SHAYS) will be postponed. from Arizona (Mr. SHADEGG).
can accomplish under the cir- It is now in order to consider the Mr. SHADEGG. Mr. Chairman, I yield
cumstances. I would not want to en- amendment by the gentleman from myself such time as I may consume. I
danger its enactment because we went Michigan (Mr. UPTON). Is there a des- have an amendment which seeks to
too far in the direction that some of ignee for the gentleman from Michigan solve a problem in existing law. That
our colleagues that support this bill (Mr. UPTON)? problem is that under the way the FEC
cannot go. I do not want to inflame It is now in order to consider the laws are currently written, if a cam-
some of our colleagues on the other end amendment by the gentleman from paign law violation occurs in the last
of the spectrum who are concerned Michigan (Mr. SMITH) as modified by 90 days before an election is held, there
about advantaging their challengers. the order of the House of July 20, 1998. is essentially no remedy. That is, that
I realize we have not made perfec- Is there a designee for the gentleman violation goes by and cannot be rem-
tion, but I think we have come a lot from Michigan (Mr. SMITH)? edied. The reason for that is that under
further than any would have antici- It is now in order to consider the current law, the only existing remedy
pated. We are on the verge of success, amendment by the gentleman from Ar- is to go to the Federal Election Com-
enacting something we can all be proud izona (Mr. SHADEGG). mission in Washington, D.C., file a
of. I hope the gentleman from Califor- AMENDMENT OFFERED BY MR. SHADEGG TO THE complaint and under the FEC guide-
nia (Mr. HORN) can accept our reluc- AMENDMENT IN THE NATURE OF A SUBSTITUTE lines no action, absolutely no action is
NO. 13 OFFERED BY MR. SHAYS to be taken on that complaint for a pe-
tant opposition to his amendment, and
I hope he can support Shays-Meehan as Mr. SHADEGG. Mr. Chairman, I offer riod of 90 days.
a major step in the right direction. an amendment to the amendment in What that means is that during the
Hopefully in subsequent Congresses we the nature of a substitute. last 90 days of a campaign, there sim-
The CHAIRMAN pro tempore. The ply is no remedy for many of the viola-
can readdress some of these same kinds
Clerk will designate the amendment to tions which occurred. Indeed there is
of issues and perhaps reach common
the amendment in the nature of a sub- no remedy whatsoever. The FEC can-
ground on going further.
Mr. HORN. Mr. Chairman, I yield my- stitute. not get to it before the election. Often-
The text of the amendment to the times such complaints are rendered
self the balance of my time.
The gentleman from California amendment in the nature of a sub- moot by the election and, therefore,
knows that I have been a sponsor and stitute is as follows: there is a gaping hole in existing law.
coauthor of Shays-Meehan. I think Amendment No. 35 offered by Mr. SHADEGG What my amendment would do is to
to the amendment in the nature of a sub-
there are a lot of good things in it. But stitute No. 13 offered by Mr. SHAYS:
solve this. It solves this problem by
these are simple, little things that can Add at the end of title V the following new simply saying that for any violation of
make a difference for candidates that section (and conform the table of contents the FEC provisions which occurs in the
are new to the political game and give accordingly): last 90 days before the election, a can-
them a chance to get their message SEC. 510. EXPEDITED COURT REVIEW OF CER- didate involved in that campaign would
over. I would hope the gentleman is not TAIN ALLEGED VIOLATIONS OF FED- be able to pursue a remedy in Federal
ERAL ELECTION CAMPAIGN ACT OF
throwing the red herring of public fi- 1971 District Court in their district. And it
nance out to this body to simply pro- (a) IN GENERAL.—Section 309 of the Federal requires that the Federal District
tect the incumbents’ present superi- Election Campaign Act of 1971 (2 U.S.C. 437g) Court give that candidate expedited re-
ority to most of the challengers, unless is amended— view of their complaint.
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6835
What that means is that when an The CHAIRMAN pro tempore. It is long and only 3 miles wide, but I think
egregious violation of law occurs dur- now in order to consider Amendment that it is not too much to say if we
ing this key last 90 days of the cam- No. 36. want to be able to take campaign fi-
paign, the candidate would have an op- Is there a designee present for the nance away from K Street and back to
tion to go to Federal District Court, gentleman from Texas (Mr. DELAY)? Main Street with our own districts
file a pleading, request a remedy, ask It is now in order to consider the that we should be able to do so.
the court to give them a remedy, and amendment offered by the gentleman We have found here, as incumbents
say, yes, this is a violation and provide from Florida (Mr. SHAW). and long-term incumbents such as me,
an answer to the problem. It is, I think, AMENDMENT OFFERED BY MR. SHAW TO THE we have found that it is so easy to
an eminently fair provision. It would AMENDMENT IN THE NATURE OF A SUBSTITUTE raise money here in Washington that
bias neither side, but it would solve the NO. 13 OFFERED BY MR. SHAYS we are tempted to do so instead of
problem in the way the current Federal Mr. SHAW. Mr. Chairman, I offer an going home and raising money in our
Election Code is written. amendment to the amendment in the own State, campaign in our own dis-
I urge my colleagues to adopt this nature of a substitute. tricts and our own States. And I think
amendment. It is good sense. It would The CHAIRMAN pro tempore. The that if we are really going to be talk-
provide the court with the authority to Clerk will designate the amendment to ing about campaign finance reform, me
grant injunctive relief if necessary, and the amendment in the nature of a sub- and all the incumbents who have found
it requires the court to both act on an stitute. it so easy over the years to raise
expedited basis and if possible to re- The text of the amendment to the money here in Washington should be
solve the complaint before the elec- amendment in the nature of a sub- able to be required to say, hey, money
tion. I think it has tremendous merit. stitute is as follows: is the mother milk of politics today.
I urge my colleagues to support it. Amendment offered by Mr. SHAW to the We should be able to require ourselves
Mr. Chairman, I reserve the balance amendment in the nature of a substitute No. and anyone else running for office in a
13 offered by Mr. SHAYS: Federal election to be able to go home
of my time. Add at the end of title V the following new
Mr. WAMP. Mr. Chairman, I rise to to their home State and raise half of
section (and conform the table of contents
claim the time normally in opposition their money.
accordingly):
but not to oppose the amendment. This is not too much to ask. I think
SEC. 510. REQUIRING MAJORITY OF AMOUNT OF
The CHAIRMAN pro tempore. With- CONTRIBUTIONS ACCEPTED BY it is a very, very reasonable amend-
out objection, the gentleman from Ten- HOUSE CANDIDATES TO COME FROM ment. I cannot see how anybody could
nessee is recognized for 5 minutes.
IN-STATE RESIDENTS. possibly oppose it. And if someone
Section 315 of the Federal Election Cam- could come up here and say to me that
There was no objection. paign Act of 1971 (2 U.S.C. 441a) is amended
Mr. WAMP. Mr. Chairman, I yield I have got a good reason to say this is
by adding at the end the following new sub-
myself such time as I may consume. bad, this should not be, I would yield
section:
This is another good example where ‘‘(i)(1) With respect to each reporting pe- them the time.
riod or an election, the total of contributions I would say to the gentleman from
the gentleman offering the amendment
accepted by a candidate for the office of Rep- California (Mr. FAZIO) who is standing
is in a constructive way enhancing
resentative in, or Delegate or Resident Com- there and all the gentlemen over there
what we are trying to accomplish with
missioner to, the Congress from in-State in- who are going to jump up and talk
good reform. Certainly the reformers dividual residents shall be at least 50 percent about a poison pill, if they can tell me
here in support of Shays-Meehan ac- of the total of contributions accepted from how this is bad, I would yield them the
cept the amendment and commend the all sources. time.
gentleman from Arizona (Mr. SHADEGG) ‘‘(2) As used in this subsection, the term
Does anybody want me to yield time
for bringing this idea to us and actu- ‘in-State individual resident’ means an indi-
vidual who resides in the State in which the because they can criticize the amend-
ally putting it into a form that will ment? Or do they want to criticize it
certainly strengthen the Federal Elec- congressional district involved is located.’’.
The CHAIRMAN pro tempore. Pursu- because it is a poison pill?
tion Commission and the laws and Mr. FAZIO of California. Mr. Chair-
rules that govern we as candidates here ant to the order of the House of Friday,
man, will the gentleman yield?
in the House and in the Senate. I thank July 17, 1998, the gentleman from Flor- Mr. SHAW. I yield to the gentleman
the gentleman very much. ida (Mr. SHAW) and a Member opposed from California.
Mr. Chairman, I yield back the bal- each will control 5 minutes. Mr. FAZIO of California. Mr. Chair-
ance of my time. The Chair recognizes the gentleman man, I would like to begin my argu-
b 2245
from Florida (Mr. SHAW).
Mr. SHAW. Mr. Chairman, I yield
ment against it, and then after I use
the rest of the gentleman’s time, I will
Mr. SHADEGG. Mr. Chairman, is it myself such time as I may consume. ask for the time in opposition.
my understanding the amendment has Mr. Chairman, we are here tonight at Mr. SHAW. Mr. Chairman, if the gen-
been accepted? a quarter of eleven. Unfortunately, it is tleman is going to criticize the amend-
Mr. WAMP. Mr. Chairman, the so late the offices are closed; the staff ment and come out and say this
amendment has been accepted, but we have gone home; there is only a hand- amendment is bad, and we go back a
will have a voice vote at the pleasure ful of Members here on the floor to- long time, but I do not think the gen-
of the gentleman from Arizona (Mr. night. I was tempted to call a point of tleman would do that.
SHADEGG). order to bring the Members back in be- Mr. FAZIO of California. Mr. Chair-
Mr. SHADEGG. Mr. Chairman, I yield cause I think this is really pitiful that man, I would stay on the merits of the
myself such time as I may consume. Members are not here to listen to what argument, if the gentleman would con-
Mr. Chairman, I appreciate the ex- we are talking about here tonight. tinue to yield.
pression of support from both this side But what we are talking about is Mr. SHAW. I yield to the gentleman.
and the other side. I think it is an im- campaign finance reform, and my Mr. FAZIO of California. Mr. Chair-
provement in the current law that will amendment would be the most simple man, I think this is a very, very dif-
benefit the system and help to clean up and, I think, productive type of cam- ficult concept to administer, and let
elections in America. paign reform that we could possibly me give my colleagues some examples
Mr. Chairman, I yield back the bal- have, and that is just simply to say as to how difficult it would be.
ance of my time. this, and it is so simplistic: If a Member is from Kansas City,
The CHAIRMAN pro tempore (Mr. Half of the campaign money that my Missouri, this places a much higher
SNOWBARGER). The question is on the colleagues receive has to come from value on funds they would raise in St.
amendment offered by the gentleman their home State. I am not talking Louis than in Kansas City, Kansas. In
from Arizona (Mr. SHADEGG) to the about colleagues’ home districts. Much other words, if Members are one of
amendment in the nature of a sub- in the Calvert amendment, much was those people on the borders of the
stitute No. 13 offered by the gentleman to do with the question of poor dis- State—
from Connecticut (Mr. SHAYS). tricts. I understand that, and I can well Mr. SHAW. Reclaiming my time, Mr.
The amendment was agreed to. understand that. My district is 91 miles Chairman.
H6836 CONGRESSIONAL RECORD — HOUSE July 30, 1998
That cannot possibly be on the mer- For us in small States like Rhode Is- ference in the electoral process and in
its. If Members are from Kansas City, land this is an extremely difficult kind the restoration of confidence in the
then they have got to decide which side of amendment that would be imposed American political system.
of the border they are from, and then upon us. Not that the people in Rhode Mr. Chairman, I yield back the bal-
they should decide where they are run- Island should not deserve representa- ance of my time.
ning from, where their support should tion and contribute to campaigns, to Mr. SHAW. Mr. Chairman, I yield
come from, who the people are that those people they want to have rep- myself such time as I may consume.
they are representing and bring this resent them, but for many people in Mr. Chairman, I would briefly say in
back closer to the people. Rhode Island and other small States rebuttal to the gentleman I think what
Mr. Chairman, I reserve the balance like Delaware it becomes virtually im- we are talking is trying to bring bal-
of my time. possible to raise that kind of money for ance back to the American political
Mr. FAZIO of California. Mr. Chair- a congressional campaign. system, and to stand there and argue
man, I rise in opposition to the amend- Secondly, for people that may be low that PACs may have some problem
ment and I yield myself such time as I income or minority in my State or with this particular amendment is not
may consume. other small States, they often connect a very good argument.
Mr. Chairman, I was beginning to with other people from other States What we are talking about, Mr.
point out in my colloquy with my that happen to be of the same ethnic Chairman, is trying to bring the politi-
friend from Florida the unworkability cal system back to the people that we
background or same political direction,
of this amendment but also the fact represent. Now to bring it back to just
and it becomes very important for
that it is an artificial barrier. We their congressional district creates a
them to do that.
ought to be focusing on the region that This bill, if every State were the size problem, and we understand that prob-
the individual comes from, for exam- of the State of Florida, I could under- lem because there are some districts
ple, and why would not people who that are extremely poor. But to say
stand the gentleman’s point. If every-
come from Kansas City, Missouri, have that we cannot bring it back to a
body were centered in the middle of a
the same interests that people two State, I do not think that we have any
large State, I could understand his
miles away in the other State have on States that are that poor that they
point. But for a very small State it be-
issues of importance to the region, to cannot support the people that they
comes almost impossible.
its economy, to its employers, to its The second point that the gentleman send up here to represent them.
workers? We think this is terribly important,
from California (Mr. FAZIO) made
This sets an artificial standard. For Mr. Chairman, and I think that for us
which is critical:
example, Members may have hundreds People within labor or business or ad- to turn our backs on the people that we
of bus drivers who want to support vocacy groups that happen to be lo- represent and say that we are going to
them in their district and in their cated in my State but their home or vote against this particular amend-
State, but their home office where ment, which just simply says to take
major office is someplace else, in Wash-
their PAC is located may be States back the political system back to the
ington, New York, California or Texas,
away. This would mean that those peo- States, back to the people who have
the funds that they use to support can-
ple would, in effect, not been counted sent us here, it is very important and
didates in Rhode Island go to those
as people from their State. The same vital for us to remember where we
Washington, Texas or California of-
would be true of a corporate PAC that came from and remember the people
fices, then come back to us. They
is home based at corporate head- that sent us here.
would not fall into the category within
quarters hundreds of miles, thousands Mr. Chairman, I yield back the bal-
the confines of the gentleman’s amend-
of miles away from where many of its ance of my time.
workers are located in a plant in their ment, again hurting small States and The CHAIRMAN pro tempore. All
district. They would not be counted as low-income areas. time has expired. The question is on
So I can sympathize with the intent
part of the in-State or in-district con- the amendment offered by the gen-
of trying to keep the money within the
tributor base. tleman from Florida (Mr. SHAW) to the
The marketplace of political debate area that Members represent, and when
amendment in the nature of a sub-
should determine whether it is appro- there is 30 seats, or 26 seats, or 52 seats
stitute No. 13 offered by the gentleman
priate or not to raise money from any in the Congress from one State, that is
from Connecticut (Mr. SHAYS).
given place or individual. This can be possible. But when there is only one or The question was taken; and the
an issue in a campaign. If Members are two seats, like Rhode Island, South Da- Chairman pro tempore announced that
surviving only on the basis of Washing- kota, North Dakota, Delaware, it be- the noes appeared to have it.
ton money or out-of-State money, it is comes very impossible. Mr. SHAW. Mr. Chairman, I demand
a legitimate issue to be brought up. Mr. FAZIO of California. Mr. Chair- a recorded vote.
But to establish this standard is an ar- man, I yield myself such time as I may The CHAIRMAN pro tempore. Pursu-
tificial one, particularly difficult for consume. ant to House Resolution 442, further
Members who come from poor and To conclude, Mr. Chairman, I would proceedings on the amendment offered
small States, areas where it is hard to simply say this is an important effort by the gentleman from Florida (Mr.
raise money and yet they have many in Shays-Meehan to stop the explosion SHAW) to the amendment in the nature
legitimate issues they want to bring to of soft money and sham issue ads. It of a substitute No. 13 offered by Mr.
the attention of their voters. does not deal with many of the other SHAYS will be postponed.
Mr. Chairman, I yield such time as he issues that have been brought up in It is now in order to consider the
may consume to the gentleman from other campaign finance reform bills. It amendment offered by the gentle-
Rhode Island (Mr. WEYGAND). is a carefully crafted and balanced pro- woman from Ohio (Ms. KAPTUR).
Mr. WEYGAND. Mr. Chairman, I posal, and many people who support it Ms. KAPTUR. Mr. Chairman, I rise in
want to thank the gentleman from do not agree with the gentleman from support of this amendment.
California and I want to thank the gen- Florida (Mr. SHAW) and therefore, re- The CHAIRMAN pro tempore. Will
tleman from Florida for bringing up grettably for him, would oppose the the gentlewoman designate which
the issue, and I think the issue that he overall bill were this amendment to be amendment? Is it amendment number
is talking about is important and perti- adopted. 38?
nent for States like Florida or Califor- So I hate to say it, but it is, in fact, Ms. KAPTUR. Mr. Chairman, for pur-
nia or New York. the proverbial poison pill. It would poses of the RECORD, this would be the
But I come from Rhode Island. Rhode cause the coalition to shatter and end original amendment listed as 39. I will
Island has a total of a million people in up destroying what chance we have in not be officially offering it this
the State, only two congressional dis- this late hour in this Congress to take evening. It has to do with the constitu-
tricts. I can travel 20 minutes from the some fundamental steps forward, not tional amendment to overturn Buckley
center of my district and be in the perhaps addressing all of the issues versus Valeo, which I think is the real
State of Connecticut, travel about a that all the Members would like to answer to these questions. But we will
half hour and be into Massachusetts. have before us but making a real dif- be moving on to Amendment 39.
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6837
The CHAIRMAN pro tempore. Does ‘‘(c) LIST OF ENTITIES FILING REPORTS.— shall administer and manage the responsibil-
the gentlewoman wish to offer Amend- The Commission shall maintain a list of the ities and all activities of the clearinghouse.
identity of the multicandidate political com- (2) The Director shall be appointed by the
ment No. 38? Federal Election Commission.
mittees or separate segregated funds that
Ms. KAPTUR. Not at this point. (3) The Director shall serve a single term
file reports under subsection (b), including a
The CHAIRMAN. It is now in order to statement of the amounts and percentage re- of a period of time determined by the Com-
consider Amendment No. 39 offered by ported by such multicandidate political com- mission, but not to exceed 5 years.
the gentlewoman from Ohio (Ms. KAP- mittees or separate segregated funds. (d) AUTHORIZATION OF APPROPRIATIONS.—
TUR). ‘‘(d) DEFINITIONS.—As used in this section— There are authorized to be appropriated such
‘‘(1) the term ‘foreign-owned corporation’ sums as may be necessary to conduct the ac-
AMENDMENT OFFERED BY MS. KAPTUR TO THE tivities of the clearinghouse.
means a corporation at least 50 percent of
AMENDMENT IN THE NATURE OF A SUBSTITUTE
the ownership interest of which is controlled SEC. ll04. DUTIES AND RESPONSIBILITIES OF
NO. 13 OFFERED BY MR. SHAYS THE DIRECTOR OF THE CLEARING-
by persons other than citizens or nationals HOUSE.
Ms. KAPTUR. Mr. Chairman, I offer of the United States;
an amendment to the amendment in (a) IN GENERAL.—It shall be the duty of the
‘‘(2) the term ‘multicandidate political Director of the clearinghouse established
the nature of a substitute.
The CHAIRMAN pro tempore. The
committee’ has the meaning given that term
in section 315(a)(4);
under section ll 03—
(1) to develop a filing, coding, and cross-in-
Clerk will designate the amendment to ‘‘(3) the term ‘separate segregated fund’ dexing system to carry out the purposes of
the amendment in the nature of a sub- means a separate segregated fund referred to this Act (which shall include an index of all
stitute. in section 316(b)(2)(C); and persons identified in the reports, registra-
‘‘(4) the term ‘foreign national’ has the tions, and other information comprising the
The text of the amendment to the meaning given that term in section 319.’’. clearinghouse);
amendment in the nature of a sub- SEC. ll02. PROHIBITION OF CERTAIN ELEC- (2) notwithstanding any other provision of
stitute is as follows: TION-RELATED ACTIVITIES OF FOR- law, to make copies of registrations, reports,
Amendment offered by Ms. KAPTUR to the EIGN NATIONALS. and other information comprising the clear-
Amendment in the Nature of a Substitute Section 319 of the Federal Election Cam- inghouse available for public inspection and
No. 13 offered by Mr. SHAYS: paign Act of 1971 (2 U.S.C. 441e) is amended— copying, beginning not later than 30 days
Add at the end the following new title: (1) by redesignating subsection (b) as sub- after the information is first available to the
TITLE ll
—ETHICS IN FOREIGN section (c); and
(2) by inserting after subsection (a) the fol-
public, and to permit copying of any such
LOBBYING registration, report, or other information by
lowing new subsection:
SEC. ll01. PROHIBITION OF CONTRIBUTIONS ‘‘(b) A foreign national shall not direct,
hand or by copying machine or, at the re-
quest of any person, to furnish a copy of any
AND EXPENDITURES BY MULTI-
dictate, control, or directly or indirectly such registration, report, or other informa-
CANDIDATE POLITICAL COMMIT-
TEES OR SEPARATE SEGREGATED participate in the decisionmaking process of tion upon payment of the cost of making and
FUNDS SPONSORED BY FOREIGN- any person, such as a corporation, labor or- furnishing such copy, except that no infor-
CONTROLLED CORPORATIONS AND ganization, or political committee, with re- mation contained in such registration or re-
ASSOCIATIONS. gard to such person’s Federal or non-Federal port and no such other information shall be
Title III of the Federal Election Campaign election-related activities, such as decisions sold or used by any person for the purpose of
Act of 1971 (2 U.S.C. 441 et seq.) is amended concerning the making of contributions or soliciting contributions or for any profit-
by adding at the end the following new sec- expenditures in connection with elections for making purpose;
tion: any local, State, or Federal office or deci- (3) to compile and summarize, for each cal-
‘‘PROHIBITION OF CONTRIBUTIONS AND EXPENDI- sions concerning the administration of a po- endar quarter, the information contained in
TURES BY MULTICANDIDATE POLITICAL COM-
litical committee.’’. such registrations, reports, and other infor-
MITTEES SPONSORED BY FOREIGN-CON- SEC. ll03. ESTABLISHMENT OF A CLEARING- mation comprising the clearinghouse in a
TROLLED CORPORATIONS AND ASSOCIATIONS
HOUSE OF POLITICAL ACTIVITIES manner which facilitates the disclosure of
INFORMATION WITHIN THE FED- political activities, including, but not lim-
‘‘SEC. 323. (a) IN GENERAL.—Notwithstand- ERAL ELECTION COMMISSION. ited to, information on—
ing any other provision of law— (a) ESTABLISHMENT.—There shall be estab- (A) political activities pertaining to issues
‘‘(1) no multicandidate political committee lished within the Federal Election Commis- before the Congress and issues before the ex-
or separate segregated fund of a foreign-con- sion a clearinghouse of public information ecutive branch; and
trolled corporation may make any contribu- regarding the political activities of foreign (B) the political activities of individuals,
tion or expenditure with respect to an elec- principals and agents of foreign principals. organizations, foreign principals, and agents
tion for Federal office; and The information comprising this clearing- of foreign principals who share an economic,
‘‘(2) no multicandidate political committee house shall include only the following: business, or other common interest;
or separate segregated fund of a trade orga- (1) All registrations and reports filed pur- (4) to make the information compiled and
nization, membership organization, coopera- suant to the Lobbying Disclosure Act of 1995 summarized under paragraph (3) available to
tive, or corporation without capital stock (2 U.S.C. 1601 et seq.) during the preceding 5- the public within 30 days after the close of
may make any contribution or expenditure year period. each calendar quarter, and to publish such
with respect to an election for Federal office (2) All registrations and reports filed pur- information in the Federal Register at the
if 50 percent or more of the operating fund of suant to the Foreign Agents Registration earliest practicable opportunity;
the trade organization, membership organi- Act, as amended (22 U.S.C. 611 et seq.), dur- (5) not later than 150 days after the date of
zation, cooperative, or corporation without ing the preceding 5-year period. the enactment of this Act and at any time
capital stock is supplied by foreign-con- (3) The listings of public hearings, hearing thereafter, to prescribe, in consultation with
trolled corporations or foreign nationals. witnesses, and witness affiliations printed in the Comptroller General, such rules, regula-
‘‘(b) INFORMATION REQUIRED TO BE RE- the Congressional Record during the preced- tions, and forms, in conformity with the pro-
PORTED.—The Commission shall— ing 5-year period. visions of chapter 5 of title 5, United States
Code, as are necessary to carry out the pro-
‘‘(1) require each multicandidate political
committee or separate segregated fund of a
(4) Public information disclosed pursuant
to the rules of the Senate or the House of visions of section ll 03 and this section in
corporation to include in the statement of Representatives regarding honoraria, the re- the most effective and efficient manner; and
organization of the multicandidate political (6) at the request of any Member of the
ceipt of gifts, travel, and earned and un-
committee or separate segregated fund a Senate or the House of Representatives, to
earned income.
statement (to be updated annually and at prepare and submit to such Member a study
(5) All reports filed pursuant to title I of
or report relating to the political activities
any time when the percentage goes above or the Ethics in Government Act of 1978 (5
of any person and consisting only of the in-
below 50 percent) of the percentage of owner- U.S.C. App.) during the preceding 5-year pe-
formation in the registrations, reports, and
ship interest in the corporation that is con- riod.
other information comprising the clearing-
trolled by persons other than citizens or na- (6) All public information filed with the
house.
tionals of the United States; Federal Election Commission pursuant to (b) DEFINITIONS.—As used in this section—
‘‘(2) require each trade association, mem- the Federal Election Campaign Act of 1971 (2 (1) the terms ‘‘foreign principal’’ and
bership organization, cooperative, or cor- U.S.C. 431 et seq.) during the preceding 5- ‘‘agent of a foreign principal’’ have the
poration without capital stock to include in year period. meanings given those terms in section 1 of
its statement of organization of the multi- (b) DISCLOSURE OF OTHER INFORMATION the Foreign Agents Registration Act of 1938,
candidate political committee or separate PROHIBITED.—The disclosure by the clearing- as amended (22 U.S.C. 611);
segregated fund (and update annually) the house, or any officer or employee thereof, of (2) the term ‘‘issue before the Congress’’
percentage of its operating fund that is de- any information other than that set forth in means the total of all matters, both sub-
rived from foreign-owned corporations and subsection (a) is prohibited, except as other- stantive and procedural, relating to—
foreign nationals; and wise provided by law. (A) any pending or proposed bill, resolu-
‘‘(3) take such action as may be necessary (c) DIRECTOR OF CLEARINGHOUSE.—(1) The tion, report, nomination, treaty, hearing, in-
to enforce subsection (a). clearinghouse shall have a Director, who vestigation, or other similar matter in either
H6838 CONGRESSIONAL RECORD — HOUSE July 30, 1998
the Senate or the House of Representatives of the United States may issue an order re- party; a person outside the United
or any committee or office of the Congress; quiring compliance with such subpoena and States who is not a citizen; or a part-
or any failure to obey such order may be pun- nership, association, corporation, or
(B) any pending action by a Member, offi- ished by such court as a contempt thereof.’’.
organization, or other combination of
cer, or employee of the Congress to affect, or The CHAIRMAN pro tempore. Pursu-
attempt to affect, any action or proposed ac- persons organized under the laws of or
ant to the order of the House of Friday, having its principal base of business in
tion by any officer or employee of the execu-
tive branch; and July 17, 1998, the gentlewoman from a foreign country.
(3) the term ‘‘issue before the executive Ohio (Ms. KAPTUR) and a Member op- The loophole in all of that is that for-
branch’’ means the total of all matters, both posed each will control 5 minutes. eign-owned corporations and trade as-
substantive and procedural, relating to any The Chair recognizes the gentle- sociations which are organized under
pending action by any executive agency, or woman from Ohio (Ms. KAPTUR). U.S. law and have their principal place
by any officer or employee of the executive Mr. SHAYS. Mr. Chairman, could I of business in the United States are not
branch, concerning— claim the 5 minutes in opposition? classified as foreign principals and are,
(A) any pending or proposed rule, rule of The CHAIRMAN pro tempore. The therefore, allowed to operate PACs,
practice, adjudication, regulation, deter-
mination, hearing, investigation, contract,
gentleman from Connecticut has even though their control and owner-
grant, license, negotiation, or the appoint- claimed the time in opposition and will ship are foreign in nature.
ment of officers and employees, other than be recognized later for 5 minutes. The principal law governing the dis-
appointments in the competitive service; or The Chair recognizes the gentle- closure of lobbying by these entities,
(B) any issue before the Congress. woman from Ohio (Ms. KAPTUR). the Foreign Agents Registration Act,
SEC. ll05. PENALTIES FOR DISCLOSURE. Ms. KAPTUR. Mr. Chairman, I yield when the GAO studied in 1990 what had
Any person who discloses information in myself such time as I may consume. been happening, it is that, in fact, dis-
violation of section ll03(b), and any person Mr. Chairman, historically, Congress closure of those activities are very
who sells or uses information for the purpose has been very clear about disallowing thin.
of soliciting contributions or for any profit- foreign contributions to U.S. cam- The GAO found that the lack of time-
making purpose in violation of section liness of the filing of reports required
ll 04(a)(2), shall be imprisoned for a period
paigns at every level, and if we look,
however, at the foreign lobbying activi- under the Foreign Agents Registration
of not more than 1 year, or fined in the
amount provided in title 18, United States ties that have grown, especially in this Act contributes to the failure to fulfill
Code, or both. past quarter century, and the organiza- the Act’s goal of providing the public
SEC. ll06. AMENDMENTS TO THE FOREIGN tion of multinational corporations that with sufficient information on foreign
AGENTS REGISTRATION ACT OF 1938, have in many ways outgrown existing agents and their activities in this
AS AMENDED. law, it is clear that an amendment like country, including political activities.
(a) QUARTERLY REPORTS.—Section 2(b) of this is needed and, as originally pro- As modified, my amendment will not
the Foreign Agents Registration Act of 1938, disallow contributions as I had hoped
posed, my amendment sought to both
as amended (22 U.S.C. 612(b)), is amended in to do in a bill that I had filed earlier,
the first sentence by striking out ‘‘, within clarify the definition as well as the dis-
closure by foreign-controlled political because, frankly, there was opposition
thirty days’’ and all that follows through
action contributions to U.S. election to doing that. But it does take the one
‘‘preceding six months’ period’’ and inserting
in lieu thereof ‘‘on January 31, April 30, July campaigns. section of our proposal that will allow
31, and October 31 of each year, file with the
Attorney General a supplement thereto on a
b 2300
us to at least collect the information
that we need to understand the impact
form prescribed by the Attorney General, But I am going to offer a modified and the extent of these involvements.
which shall set forth regarding the three- version of this after considerable con- As presently constituted, my amend-
month periods ending the previous December sultation with the gentleman from ment would establish within the Fed-
31, March 31, June 30, and September 30, re- Connecticut (Mr. SHAYS) and the gen- eral Election Commission a clearing-
spectively, or if a lesser period, the period house on that of public information re-
tleman from Ohio (Mr. GILLMOR) and
since the initial filing,’’.
others on the other side of the aisle garding the political activities of for-
(b) EXEMPTION FOR LEGAL REPRESENTA-
TION.—Section 3(g) of the Foreign Agents and this one. eign principals or their agents.
Registration Act of 1938, as amended (22 But it is certainly true to say that Currently, public information on
U.S.C. 613(g)) is amended by adding at the U.S. law has been abundantly clear these activities is collected by the gov-
end the following: ‘‘A person may be exempt about who can contribute to U.S. cam- ernment in scattered ways. But this in-
under this subsection only upon filing with paigns: citizens of this country as indi- formation would be brought together
the Attorney General a request for such ex- viduals and citizens through political in one place and provide the public and
emption.’’. Congress a better idea of what is actu-
action committees expressly organized
(c) CIVIL PENALTIES.—Section 8 of the For- ally going on in regard to foreign lob-
eign Agents Registration Act of 1938, as for that purpose. But corporations can-
not contribute directly, nor can trade bying and giving activity.
amended (22 U.S.C. 618), is amended by add-
ing at the end thereof the following: unions outside of a formally recognized No one will be required to provide
‘‘(i)(1) Any person who is determined, after political action committee. any information that is not already
notice and opportunity for an administrative But because of a loophole dating collected but in several disparate
hearing— back to 1934, while foreign nationals places. Nor would anyone be required
‘‘(A) to have failed to file a registration and foreign citizens cannot directly or to provide duplicative information to a
statement under section 2(a) or a supplement indirectly contribute to U.S. elections, new agency.
thereto under section 2(b), The responsibility for furnishing the
‘‘(B) to have omitted a material fact re-
foreign-controlled corporations and
trade associations, including those data to the FEC would rest with the
quired to be stated therein, or agency itself. The clearinghouse will
‘‘(C) to have made a false statement with based in the United States, can con-
respect to such a material fact, tribute. only collect public information already
shall be required to pay a civil penalty in an The Federal Election Campaign Act, compiled and will provide a com-
amount not less than $2,000 or more than section 441(e) says, and I quote, prehensive picture of what political ac-
$5,000 for each violation committed. In deter- A foreign national shall not directly or
tivities are taking place by these for-
mining the amount of the penalty, the At- through any other person make a contribu- eign interests.
torney General shall give due consideration tion or expressly or implicitly promise to The CHAIRMAN pro tempore. The
to the nature and duration of the violation. make a contribution in connection with an gentlewoman’s time has expired.
‘‘(2)(A) In conducting investigations and election to any political office or in connec- MODIFICATION TO AMENDMENT OFFERED BY MS.
hearings under paragraph (1), administrative tion with any primary election, convention, KAPTUR TO THE AMENDMENT IN THE NATURE
law judges may, if necessary, compel by sub- or caucus held to select candidates for any OF A SUBSTITUTE NO. 13 OFFERED BY MR.
poena the attendance of witnesses and the political office or for any person to solicit, SHAYS
production of evidence at any designated accept, or receive any such contribution Ms. KAPTUR. Mr. Chairman, I ask
place or hearing. from a foreign national.
‘‘(B) In the case of contumacy or refusal to unanimous consent to modify the
obey a subpoena lawfully issued under this The Federal Elections Act defines a amendment to the amendment in the
paragraph and, upon application by the At- foreign principal as a government of a nature of a substitute in the form at
torney General, an appropriate district court foreign country or a foreign political the desk.
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6839
The CHAIRMAN pro tempore. The visions of chapter 5 of title 5, United States its workers just as the employees of
Clerk will report the modification. Code, as are necessary to carry out the pro- Chrysler, to make sure that we have
The Clerk read as follows: visions of this section in the most effective that same process that the workers
and efficient manner. have when they organize as well.
Amendment, as modified, offered by Ms.
(2) APPOINTMENT.—The Director shall be
KAPTUR to the amendment in the nature of a I am not passing judgment because
appointed by the Federal Election Commis-
substitute No. 13 offered by Mr. SHAYS:
sion.
we still just are not sure of it.
Add at the end of title V the following new
(3) TERM OF SERVICE.—The Director shall Mr. Chairman, I yield 2 minutes to
section (and conform the table of contents the gentlewoman from New York (Mrs.
serve a single term of a period of time deter-
accordingly): KELLY).
mined by the Commission, but not to exceed
SEC. 510. ESTABLISHMENT OF A CLEARING- Mrs. KELLY. Mr. Chairman, I want
5 years.
HOUSE OF INFORMATION ON POLITI-
CAL ACTIVITIES WITHIN THE FED-
(d) PENALTIES FOR DISCLOSURE OF INFORMA- to point out that in my home State of
ERAL ELECTION COMMISSION. TION.—Any person who discloses information New York nearly 349,000 American citi-
(a) ESTABLISHMENT.—There shall be estab- in violation of subsection (b), and any person zens work for American subsidiaries of
lished within the Federal Election Commis- who sells or uses information for the purpose companies headquartered abroad.
sion a clearinghouse of public information of soliciting contributions or for any profit- These are hard-working Americans
regarding the political activities of foreign making purpose in violation of subsection
that are employed by American sub-
principals and agents of foreign principals. (c)(1)(B), shall be imprisoned for a period of
not more than 1 year, or fined in the amount
sidiaries of companies; and they, I be-
The information comprising this clearing- lieve, need to have the right to contrib-
house shall include only the following: provided in title 18, United States Code, or
both. ute their own money to candidates
(1) All registrations and reports filed pur-
(e) AUTHORIZATION OF APPROPRIATIONS.— through employer-based PACs. It is a
suant to the Lobbying Disclosure Act of 1995
(2 U.S.C. 1601 et seq.) during the preceding 5-
There are authorized to be appropriated such political right that is granted to all
sums as may be necessary to conduct the ac- American citizens at this time.
year period.
tivities of the clearinghouse. Because we are not certain at this
(2) All registrations and reports filed pur-
(f) Foreign Principal: Foreign principal time about whether or not this amend-
suant to the Foreign Agents Registration
shall have the same meaning given the term ment will change the amendment of
Act, as amended (22 U.S.C. 611 et seq.), dur-
‘‘foreign national’’ in this section (2 U.S.C.
ing the preceding 5-year period. the gentleman from Ohio (Mr.
441e), as that term was defined on July 31,
(3) The listings of public hearings, hearing GILLMOR), I want to be certain that we
1998. For purpose of this section, the term
witnesses, and witness affiliations printed in have the right to vote on this tomor-
‘‘agent of a foreign principal’’ shall not in-
the Congressional Record during the preced- row since the gentleman from Ohio
clude any person organized under or created
ing 5-year period. (Mr. GILLMOR) is not here.
by the laws of the United States or of any
(4) Public information disclosed pursuant I believe that the political rights of
State or other place subject to the jurisdic-
to the rules of the Senate or the House of
Representatives regarding honoraria, the re-
tion of the United States and that has its all Americans should not be deter-
principal place of business within the United mined by where they work. I think it
ceipt of gifts, travel, and earned and un-
States. should be determined because they are
earned income.
(5) All reports filed pursuant to title I of Ms. KAPTUR (during the reading). American citizens. They should not be
the Ethics in Government Act of 1978 (5 Mr. Chairman, I ask unanimous con- disenfranchised from the political proc-
U.S.C. App.) during the preceding 5-year pe- sent that the modification be consid- ess.
riod. ered as read and printed in the RECORD. Mr. SHAYS. Mr. Chairman, may I in-
(6) All public information filed with the The CHAIRMAN pro tempore. Is quire of the Chair how much time I
Federal Election Commission pursuant to there objection to the gentlewoman have remaining?
the Federal Election Campaign Act of 1971 (2 The CHAIRMAN pro tempore. The
U.S.C. 431 et seq.) during the preceding 5-
from Ohio?
There was no objection. gentleman from Connecticut (Mr.
year period.
(b) DISCLOSURE OF OTHER INFORMATION The CHAIRMAN pro tempore. The SHAYS) has 21⁄2 minutes remaining. The
PROHIBITED.—The disclosure by the clearing- Chair recognizes the gentleman from gentlewoman from Ohio (Ms. KAPTUR)
house, or any officer or employee thereof, of Connecticut (Mr. SHAYS) for 5 minutes. has no time remaining.
any information other than that set forth in Mr. SHAYS. Mr. Chairman, I yield Mr. SHAYS. Mr. Chairman, I yield
subsection (a) is prohibited, except as other- myself such time as I may consume. myself such time as I may consume.
wise provided by law. Mr. Chairman, I would just like to Mr. Chairman, evidently, I have mis-
(c) DIRECTOR OF CLEARINGHOUSE.— state that, first, this is a fairly com- interpreted the gentlewoman’s amend-
(1) DUTIES.—The clearinghouse shall have a ment. I would like for her to describe
Director, who shall administer and manage
prehensive amendment, but we are not
sure whether or not it is in conflict what she thinks her amendment does,
the responsibilities and all activities of the and I would respond to that.
clearinghouse. In carrying out such duties, with the amendment of the gentleman
Mr. Chairman, I yield such time as
the Director shall— from Ohio (Mr. GILLMOR).
she may consume to the gentlewoman
(A) develop a filing, coding, and cross-in- So what I am going to be suggesting
dexing system to carry out the purposes of
from Ohio (Ms. KAPTUR) to explain
to this Chamber is that we have a vote.
this section (which shall include an index of what she feels her amendment does and
I will be voting ‘‘no’’ tonight. I will be
all persons identified in the reports, registra- does not do.
suggesting that we go over in depth Ms. KAPTUR. Mr. Chairman, I thank
tions, and other information comprising the
line by line the gentlewoman’s amend- the gentleman very much for yielding
clearinghouse);
(B) notwithstanding any other provision of ment to see if it is an amendment that, to me and the gentlewoman from New
law, make copies of registrations, reports, when we have an actual rollcall vote, it York, because, in consultation with
and other information comprising the clear- will be one that we can accept or not. both of them, we substantially scaled
inghouse available for public inspection and Because the gentleman from Ohio (Mr. back our original amendment. This
copying, beginning not later than 30 days GILLMOR) is not here tonight, I am un- particular amendment, as modified,
after the information is first available to the comfortable in suggesting that it
public, and permit copying of any such reg- that we are offering this evening would
meets the conflict that he had. only take the clearinghouse section
istration, report, or other information by The bottom line is that his amend-
hand or by copying machine or, at the re- out of the original proposal to collect
quest of any person, furnish a copy of any
ment said that any American citizen information from the lobbying disclo-
such registration, report, or other informa- had a right to contribute. That was im- sure.
tion upon payment of the cost of making and plicit, and that was whether or not Mr. SHAYS. Reclaiming my time,
furnishing such copy, except that no infor- they worked for an American company when the gentlewoman says take it out
mation contained in such registration or re- or a foreign company. she means she leaves the clearinghouse
port and no such other information shall be Our concern is that a company like, in and take out the other parts?
sold or used by any person for the purpose of for instance, Chrysler, that now has Ms. KAPTUR. That is correct. We lift
soliciting contributions or for any profit- significant ownership by German inter-
making purpose; and
that out and we table the remainder of
ests, that the employee still be allowed the bill.
(C) not later than 150 days after the date of
the enactment of this Act and at any time to organize a political action commit- The gentleman was saying and the
thereafter, to prescribe, in consultation with tee, still be allowed to contribute, still gentlewoman from New York was say-
the Comptroller General, such rules, regula- be allowed to fight for things they ing that Chrysler Corporation employ-
tions, and forms, in conformity with the pro- think are important for Chrysler and ees could not contribute or people
H6840 CONGRESSIONAL RECORD — HOUSE July 30, 1998
should not be allowed to contribute. AMENDMENT OFFERED BY MR. STEARNS TO THE banned all political contributions from
We agree that U.S. citizens should be AMENDMENT IN THE NATURE OF A SUBSTITUTE Federal, State or local elections from
NO. 13 OFFERED BY MR. SHAYS
allowed to contribute. This amend- noncitizens, which included resident
ment, as modified, has nothing to do Mr. STEARNS. Mr. Chairman, I offer aliens.
with that. All it provides is for disclo- an amendment to the amendment in But I realized, Mr. Chairman, during
sure as we do with U.S. contributions the nature of a substitute No. 13 of- the debate that the gentleman from
that are currently flowing into cam- fered by the gentleman from Connecti- Samoa had a very valid point about
paigns. cut (Mr. SHAYS). resident aliens who are serving in the
We are saying that we want to create The CHAIRMAN. The Clerk will des- military. Such permanent residents
a clearinghouse at the FEC for all ignate the amendment. may be drafted, as they were in Viet-
these donations. We will do that by re- The text of the amendment to the nam and other military actions.
cording existing information from the amendment in the nature of a sub- So what I am trying to do tonight is
Lobbying Disclosure Act, from the For- stitute No. 13 is as follows: to say okay, if one is serving in the
eign Agents Administration. Amendment No. 47 offered by the gen- military, I think one should be able to
tleman from Florida (Mr. STEARNS) to the participate.
Mr. SHAYS. If I can reclaim my
amendment in the nature of a substitute No.
time, if I can say to the gentlewoman, 13 offered by the gentleman from Connecti-
So frankly, this amendment seeks to
as the amendment is described, I am cut (Mr. SHAYS): rectify the situation with resident
comfortable and I think other Members Add at the end of title V the following new aliens who serve in the U.S. military,
are. I do think it will be healthy to section (and conform the table of contents which includes the reserves.
have a vote on this tomorrow. I am not accordingly): Mr. FAZIO of California. Mr. Chair-
going to oppose it if there is all yeses. SEC. 510. CONSPIRACY TO VIOLATE PRESI- man, will the gentleman yield?
DENTIAL CAMPAIGN SPENDING LIM- Mr. STEARNS. I yield to the gen-
I still ask for a rollcall vote. I think it ITS.
is important for us to sit down with the tleman from California.
(a) IN GENERAL.—Section 9003 of the Inter-
gentleman from Ohio (Mr. GILLMOR) nal Revenue Code of 1986 (26 U.S.C. 9003) is Mr. FAZIO of California. Mr. Chair-
and others and make sure that we are amended by adding at the end the following man, does this make them permanent
clear as to our recommended vote to new subsection: in their status if they served and then
our colleagues when they vote on the ‘‘(g) PROHIBITING CONSPIRACY TO VIOLATE leave the service, or do they lose their
floor. LIMITS.— right to vote after they have left mili-
b
‘‘(1) VIOLATION OF LIMITS DESCRIBED.—If a tary service?
2310 candidate for election to the office of Presi- Mr. STEARNS. Mr. Chairman, if they
So I am not going to oppose the gen- dent or Vice President who receives amounts
from the Presidential Election Campaign
are in the service for 3 years, they
tlewoman’s amendment. I would sug- Fund under chapter 95 or 96 of the Internal automatically become U.S. citizens.
gest we get to a vote, but I will ask for Revenue Code of 1986, or the agent of such a Mr. FAZIO of California. Mr. Chair-
a rollcall vote. candidate, seeks to avoid the spending limits man, so in other words, at that point
Ms. KAPTUR. Mr. Chairman, I thank applicable to the candidate under such chap- the issue goes away.
the gentleman and gentlewoman for ter or under the Federal Election Campaign Mr. STEARNS. No, Mr. Chairman,
working with us, and we look forward Act of 1971 by soliciting, receiving, transfer- but if during that period for 1 or 2
to having the gentleman from Ohio ring, or directing funds from any source years they are serving in the military,
(Mr. GILLMOR) with us very soon here other than such Fund for the direct or indi- we are saying we will allow them to
rect benefit of such candidate’s campaign,
in resolving this. contribute.
such candidate or agent shall be fined not
Mr. SHAYS. Mr. Chairman, we will more than $1,000,000, or imprisoned for a Mr. FAZIO of California. Now, Mr.
have a vote on the floor here tomorrow term of not more than 3 years, or both. Chairman, if the gentleman will con-
and by then it will be resolved. ‘‘(2) CONSPIRACY TO VIOLATE LIMITS DE- tinue to yield, as I remember the gen-
Mr. Chairman, I yield back the bal- FINED.—If two or more persons conspire to tleman’s comments from that earlier
ance of my time. violate paragraph (1), and one or more of debate, he was also talking about peo-
The CHAIRMAN pro tempore (Mr. such persons do any act to effect the object ple who were taxpayers, as many legal
SNOWBARGER). The question is on the of the conspiracy, each shall be fined not
residents are, who are not citizens.
more than $1,000,000, or imprisoned for a
amendment, as modified, offered by the term of not more than 3 years, or both.’’
Mr. STEARNS. Mr. Chairman, I do
gentlewoman from Ohio (Ms. KAPTUR) (b) EFFECTIVE DATE.—The amendment not remember what I said about tax-
to the amendment in the nature of a made by this section shall apply with respect payers, other than that I felt that non-
substitute No. 13 offered by the gen- to elections occurring on or after the date of U.S. citizens should not be participat-
tleman from Connecticut (Mr. SHAYS). the enactment of this Act. ing, but I think after talking to the
The question was taken; and the The CHAIRMAN pro tempore. Pursu- gentleman from Samoa, I think if they
Chairman pro tempore announced that ant to the order of the House on Fri- served in the military or are presently
the ayes appeared to have it. day, July 17, 1998, the gentleman from serving in the military, then I think
Mr. SHAYS. Mr. Chairman, I demand Florida (Mr. STEARNS), and a Member that one should have a chance to vote
a recorded vote. opposed each will control 5 minutes. on this.
The CHAIRMAN. Pursuant to House The Chair recognizes the gentleman Mr. FAZIO of California. Mr. Chair-
Resolution 442, further proceedings on from Florida (Mr. STEARNS). man, if the gentleman will yield fur-
the amendment, as modified, offered by Mr. STEARNS. Mr. Chairman, I yield ther, I certainly do not oppose this. I
the gentlewoman from Ohio (Ms. KAP- myself such time as I may consume. think it makes a bad proposal less bad,
TUR) to the amendment in the nature Mr. Chairman, I rise to offer this but I understand that the gentleman
of a substitute No. 13 offered by the amendment because I think after the has the votes on his side, so I certainly
gentleman from Connecticut (Mr. debate that I had concerning legal will not oppose it. In fact, I encourage
SHAYS) will be postponed. aliens, there was some question that him to offer it.
It is now in order to consider amend- came up, and I thought I should at- But I do think that when we begin to
ment No. 46 offered by the gentleman tempt to amend, offer an amendment think about those things that cause us
from Michigan (Mr. SMITH) to the tonight. It sort of rectifies a problem to recognize the contributions of legal
amendment in the nature of a sub- that was raised by the gentleman from residents, we should not just stop with
stitute No. 13 offered by the gentleman Samoa (Mr. FALEOMAVAEGA). military service; we should think of all
from Connecticut (Mr. SHAYS). Is there During the debate a couple of weeks of the things they do, including con-
a designee for Mr. SMITH? ago, this amendment that I sponsored tributing in many other ways, as well
It is now in order to consider amend- and also the gentleman from New York as being taxpayers.
ment No. 47 offered by the gentleman (Mr. FOSSELLA) sponsored, both of Mr. STEARNS. Mr. Chairman, re-
from Florida (Mr. STEARNS) to the them passed overwhelmingly. But claiming my time, I think the amend-
amendment in the nature of a sub- there was something that was in both ment is pretty simple and it will pass
stitute No. 13 offered by the gentleman his amendment and mine that con- overwhelmingly. I think my good
from Connecticut (Mr. SHAYS). cerned me a bit. My amendment friend from Samoa had made a good
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6841
point, so I am here really to recognize tleman is talking about, and therefore, tainly would accept the gentleman’s
his point and to try to bridge the gap in that case, may be still not an Amer- amendment, but I think it is important
with the two amendments that passed, ican citizen, but have served valiantly to point out the injustice of just pick-
and I think that is pretty much my ar- for this country, perhaps even given ing out one small group.
gument tonight. part of their body for this country, Mr. WEYGAND. Mr. Chairman, I
Mr. Chairman, I reserve the balance would now be eligible to contribute to yield to gentleman from California
of my time. a campaign. (Mr. FARR).
Mr. WEYGAND. Mr. Chairman, I rise Mr. STEARNS. Mr. Chairman, will Mr. FARR of California. Mr. Chair-
in opposition to the amendment. the gentleman yield? man I just have a question of how the
The CHAIRMAN pro tempore. The Mr. WEYGAND. I yield to the gen- gentleman would manage this, if the
gentleman from Rhode Island (Mr. tleman from Florida. author would so indulge. One is a legal
WEYGAND) is recognized for 5 minutes. Mr. STEARNS. Mr. Chairman, the resident of the United States, one is
Mr. WEYGAND. Mr. Chairman, I gentleman can certainly offer an here, the law says one is here.
yield myself such time as I may con- amendment to change what we have Mr. STEARNS. Mr. Chairman, will
sume. passed here on the House floor, but I the gentleman yield?
Mr. Chairman, really it is a point of Mr. FARR of California. I yield to
think this amendment goes a long way
the gentleman from Florida.
clarification, and I would like to yield and probably will receive a majority of Mr. STEARNS. Mr. Chairman, a per-
to the gentleman. support. manent legal alien, not a U.S. citizen.
Regarding those that have served in Mr. WEYGAND. Mr. Chairman, would
the military, am I to understand that the gentleman be willing to accept an b 2320
not only those that are presently serv- amendment that would allow for some- Mr. FARR of California. The gen-
ing in the military and those that have one who has served in the military, tleman is going to check all of this?
served 3 years and are out of the mili- been discharged, to be eligible for this They are legally here. We do not go
tary, what about those people who benefit of contributing to a campaign? around every day trying to check
have served a year-and-a-half, 2 years, Mr. STEARNS. Mr. Chairman, will whether someone is here legally. I
and perhaps have not reached the 3- the gentleman yield? mean, if they are here legally, they are
year period of time? Mr. WEYGAND. I yield to the gen- here legally; right?
Is the gentleman saying that anyone tleman from Florida. Mr. STEARNS. Mr. Chairman, I do
who has served, that is a resident, Mr. STEARNS. Mr. Chairman, prob- not understand the gentleman’s argu-
could contribute to a campaign? ably not, just because I am just going ment.
Mr. STEARNS. Mr. Chairman, if the to keep this amendment as it stands, Mr. FARR of California. Mr. Chair-
gentleman will yield, if they are serv- but I think certainly the gentleman man, reclaiming my time, the argu-
ing in the military. could offer his own amendment. ment is how does the gentleman intend
Mr. WEYGAND. Mr. Chairman, pres- Mr. WEYGAND. Mr. Chairman, re- to enforce this amendment he is mak-
ently serving? claiming my time, I yield to the gen- ing? How do we enforce it? How do we
Mr. STEARNS. Presently serving, tleman from Massachusetts, (Mr. MEE- check from campaign contributions?
yes. HAN). How do we go back to check whether
Mr. WEYGAND. Mr. Chairman, so Mr. MEEHAN. Mr. Chairman, I think the people are permanent residents,
that if they have served in Vietnam, in my colleague makes a very valid point. served in the Armed Forces? I mean,
Desert Storm, if they have done that, I thank the gentleman for offering this just look at the mountain of incredible
but they are now out of the military, amendment. Clearly, a member of the research that we are going to have to
they are not eligible? Armed Forces or the Armed Forces Re- do on everyone.
Mr. STEARNS. Mr. Chairman, that is serves should have the right to contrib- Mr. STEARNS. Mr. Chairman, I yield
correct. ute to a Federal election. Yet I would myself such time as I may consume. I
Mr. WEYGAND. Mr. Chairman, I un- remind the gentleman that all legal do not think it will be hard to do that,
derstand the gentleman’s effort to try permanent residents have the right to because we have Social Security num-
to make some amends, but it would contribute in Federal campaigns, ac- bers and we could tell quickly and eas-
seem to me that whether one is serving cording to the United States Supreme ily who was in the service.
Mr. Chairman, the argument of the
presently or one has served in Vietnam Court.
gentleman from Rhode Island (Mr.
and one has provided that service to With this amendment, it seems to me
Weygand), he wants to go back to the
this country, the motivation for the the gentleman is making a value judg-
old argument that some wish to allow
gentleman’s amendment would be in- ment that legal permanent residents
legal permanent aliens to contribute,
deed to provide some kind of an allow- who served in the Armed Forces are
has already been decided. We had a
ance for someone to contribute to a worthy of first amendment protection vote; 350 Members voted to do that.
campaign by way of serving in the because they laid down their lives for And now we have had two other votes,
military, and I would think if anyone this country. But how about those my vote and the vote on the Fossella
served 5 years ago, 10 years ago or 20 legal permanent residents who are doc- amendment. In three cases now we
years ago, they would be eligible for tors? They save American lives every have decided that legal permanent
the same merits that the gentleman is day. Or how about the legal permanent aliens should not contribute.
giving to the people who are presently residents who are the parents of those So my point is that I think it is easy
serving in the military young men and women who have lost to identify. And I think this is a step
Mr. STEARNS. Mr. Chairman, will their lives fighting for our country? to try and really help the gentleman’s
the gentleman yield? Should they not also be given the full cause by saying instead of ruling out
Mr. WEYGAND. I yield to the gen- protection of the first amendment? all of them, let the people who are ac-
tleman from Florida. I do not object to the gentleman’s tually serving in the military less than
Mr. STEARNS. Mr. Chairman, of amendment, but I do want to point out 3 years have an opportunity to do so.
course, if they served 3 years, then the arbitrary nature of this particular And I am surprised that the other side
they automatically become U.S. citi- exclusion. This amendment is only nec- objects to giving the military people
zens. So we are trying to bridge here a essary because the gentleman, rightly, an opportunity to contribute.
little bit of support. perceives the inequities of a flat-out Mr. Chairman, I yield back the bal-
Mr. WEYGAND. Mr. Chairman, re- ban. The problem is, I could think of ance of my time.
claiming my time, I understand what many worthy exemptions and excep- The CHAIRMAN pro tempore (Mr.
the gentleman is saying, but if some- tions. SNOWBARGER). The question is on the
one had served only a year-and-a-half, There are so many ways that legal amendment offered by the gentleman
who was injured and was discharged permanent residents prove their alle- from Florida (Mr. STEARNS) to the
from the military because of injury or giance to this government and to the amendment in the nature of a sub-
something else and does not qualify for United States. Serving in the Armed stitute No. 13 offered by the gentleman
that 3-year citizenship that the gen- Forces is only one example. But I cer- from Connecticut (Mr. SHAYS).
H6842 CONGRESSIONAL RECORD — HOUSE July 30, 1998
The question was taken; and the are eligible to receive funding if they that if a candidate or agent seeks to
Chairman announced that the ayes ap- comply with expenditure limits and avoid the limits and restrictions by so-
peared to have it. other restrictions imposed by law. liciting, receiving, transferring, or di-
Mr. STEARNS. Mr. Chairman, I de- Mr. Chairman, my amendment at- recting funds from any source other
mand a recorded vote. tempts to strengthen the law by ensur- than the presidential election cam-
The CHAIRMAN pro tempore. Pursu- ing that the presidential and vice presi- paign fund for the direct or indirect
ant to the rule, further proceedings on dential candidates do not try to evade benefit of such candidate’s campaign,
the amendment offered by the gen- the limits and restriction under the then the candidate, Mr. Chairman, or
tleman from Florida (Mr. STEARNS) to law by intentionally trying to cir- the agent shall be fined not more than
the amendment in the nature of a sub- cumvent these rules. $1 million or imprisoned for a term of
stitute No. 13 offered by the gentleman Of course, the reason, Mr. Chairman, not more than 3 years, or both.
from Connecticut (Mr. SHAYS) will be I rise to offer this amendment is that I So in essence, Mr. Chairman, what I
postponed. think myself and others were greatly have done is put in a penalty. I think
It is now in order to consider the troubled by the evidence that the Fed- that we have had the history of this, so
amendment No. 48 offered by the gen- eral Elections Campaign Act was inten- I urge my colleagues to support it.
tleman from Florida (Mr. STEARNS) to tionally violated. I think this came out Mr. Chairman, I reserve the balance
the amendment in the nature of a sub- in the hearings in the Senate Commit- of my time.
stitute No. 13 offered by the gentleman tee on Government Affairs when they Mr. MEEHAN. Mr. Chairman, I ask
from Connecticut (Mr. SHAYS). investigated campaign finance abuses unanimous consent to take the time
AMENDMENT OFFERED BY MR. STEARNS TO THE
in 1997. reserved for anyone opposed to the
AMENDMENT IN THE NATURE OF A SUBSTITUTE
The committee underlined the pur- amendment.
NO. 13 OFFERED BY MR. SHAYS pose of the law by reporting, quote The CHAIRMAN pro tempore. Is the
Mr. STEARNS. Mr. Chairman, I offer ‘‘Under FECA, a presidential candidate gentleman opposed to the amendment?
an amendment to the amendment in who accepts Federal matching funds Mr. MEEHAN. No, but I would ask to
the nature of a substitute. cannot exceed the applicable expendi- take the time.
The CHAIRMAN pro tempore. The ture limits for the campaign.’’ The in- The CHAIRMAN pro tempore. Is
Clerk will designate the amendment. tent of this, of course, in providing lim- there objection to the request of the
The text of the amendment is as fol- ited Federal funding is to remove the gentleman from Massachusetts (Mr.
lows: candidate from the fund-raising process MEEHAN)?
Amendment No. 48 offered by Mr. STEARNS
and to prevent the raising of large pri- There was no objection.
to the amendment in the nature a substitute vate contributions. The CHAIRMAN pro tempore. The
No. 13 offered by Mr. SHAYS: The deal the taxpayers make with gentleman from Massachusetts (Mr.
Add at the end of title V the following new the candidate is that in exchange for MEEHAN) is recognized for 5 minutes.
section (and conform the table of contents their funding, the candidate will fore- Mr. MEEHAN. Mr. Chairman, I yield
accordingly): swear outside money and therefore myself such time as I may consume.
SEC. 510. PERMITTING PERMANENT RESIDENT make it less likely that the election Mr. Chairman, this would ban any
ALIENS SERVING IN ARMED FORCES will be influenced or appear to be influ-
TO MAKE CONTRIBUTIONS. presidential or vice presidential can-
enced by big money. didate who receives public funding
Section 319 of the Federal Election Cam-
Now the Senate Committee on Gov-
paign Act of 1971 (2 U.S.C. 441e) is amended from raising soft money. While we sup-
by adding at the end the following new sub- ernment Affairs found a great deal in
port the gentleman’s position, this
section: their report. And, of course, the White
amendment is really unnecessary in
‘‘(c) Notwithstanding any other provision House was cited several times. If I
the context of the Shays-Meehan bill.
of this title, an individual who is lawfully may, Mr. Chairman, I would like to re-
admitted for permanent residence (as defined
Not only does the Shays-Meehan bill
port what the committee said.
in section 101(a)(20) of the Immigration and During the 1996 election cycle, the ban soft money in Federal elections,
Nationality Act) and who is a member of the White House was very close to the DNC but the Shays-Meehan bill expressly
Armed Forces (including a reserve compo- and they tried to micromanage it. Har- prohibits Federal candidates, office
nent of the Armed Forces) shall not be sub-
old Ickes, then Deputy Chief of Staff to holders, and agents of Federal can-
ject to the prohibition under this section.’’. didates and office holders from solicit-
the President, simply seized the reins
The CHAIRMAN pro tempore. Pursu- of financial power and went about ex- ing, receiving, directing, transferring
ant to the order of the House of Friday, erting direct control over the DNC’s fi- or spending soft money on behalf of
July 17, 1998, the gentleman from Flor- nance division. any other Federal candidates or office
ida (Mr. STEARNS), and a Member op- Now, this is the type of thing we are holders.
posed each will control 5 minutes. trying to stop. I will not go through So, the Shays-Meehan bill takes care
The Chair recognizes the gentleman and read a lot of the testimony in of exactly what the problems were in
from Florida (Mr. STEARNS). there, because I am not here to point the last presidential election on both
Mr. STEARNS. Mr. Chairman, I yield fingers at one side or the other. I am sides and both parties.
myself such time as I may consume. just trying to convince my colleagues Mr. Chairman, I would ask the gen-
Mr. Chairman, this amendment and of the need to put in place the pen- tleman, he had an amendment pass just
the next one are generally just a little alties in this amendment. now. We are going to vote tomorrow.
bit more clarification. This one goes to Mr. Chairman, I think in short, And this amendment I think we are
the fact that in presidential cam- though, most of us would agree that going to agree to. And so certainly the
paigns, oftentimes the folks who are there were some evidence of collusion gentleman from Florida, my friend
running for office intentionally, per- here. The purpose of our amendment from Florida is getting his amend-
haps not realizing it or perhaps they here is to prevent this. The committee ments passed. Does this mean the gen-
do, intentionally violate campaign concluded that, ‘‘In the matter before tleman is going to support and join the
spending limits. us, the clear purpose of the law was cir- majority of Members here and support
So what I try to do in this amend- cumvented.’’ I mean, that is what they us in passing the Shays-Meehan bill
ment is to impose criminal penalties. said. That is why I believe we need to that has such strong bipartisan sup-
My amendment would immediately protect the Federal Election Campaign port? Which, by the way, I have to say
close the current loop that I believe Act. in all of the years we have been work-
has been exploited under the law, We cannot allow the limits and re- ing on campaign finance reform, my
which is the Federal Election Cam- strictions in the law to be cir- colleague cannot look at any evening
paign Act. There are strict limitations cumvented while candidates receiving and have witnessed any more broad-
and restrictions on presidential can- public financing abuse the system in based, incredible success and support
didates who voluntarily accept, decide order to gain advantage over their op- for our legislation than this evening.
to receive public financing for their ponent. Mr. Chairman, I was wondering if the
campaigns. The fundamental tenet of So in a sense what we tried to do is gentleman has decided to join us in our
this law is that presidential candidates do the following: By putting in place efforts.
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6843
Mr. STEARNS. Mr. Chairman, will The CHAIRMAN pro tempore. It is certify that they are going to comply
the gentleman yield? now in order to consider amendment and that they have a full understand-
Mr. MEEHAN. I yield to the gen- No. 49 offered by the gentleman from ing so that they cannot use rigorous,
tleman from Florida. Florida (Mr. STEARNS) to the amend- specious logic to say they were not
Mr. STEARNS. Mr. Chairman, as the ment in the nature of a substitute No. aware.
gentleman knows, there are a lot more 13 offered by the gentleman from Con- There was a lot of testimony that
amendments to come. Also, several necticut (Mr. SHAYS). came out from Dick Morris, which I
amendments I voted for today were de- AMENDMENT OFFERED BY MR. STEARNS TO THE have here, and I will, Mr. Chairman, in-
feated. I think the Goodlatte amend- AMENDMENT IN THE NATURE OF A SUBSTITUTE clude Dick Morris’s testimony as a
ment is a good example. NO. 13 OFFERED BY MR. STEARNS part of the RECORD so I do not have to
So I think this campaign finance bill Mr. STEARNS. Mr. Chairman, I offer read the whole thing.
is still in doubt. I think there are lots an amendment to the amendment in I just would like to summarize some
of areas that need to be improved, and the nature of a substitute. of the things that he testified to that
frankly we have other substitutes and The CHAIRMAN pro tempore. The committee and that is why I think the
other bills that are going to be offered Clerk will designate the amendment. certification is required.
that I think we should look at. The text of the amendment is as fol- The President reviewed and modified
I think it is premature to talk about lows: and approved all advertising copy, re-
that. I would remind the gentleman Amendment No. 49 offered by Mr. STEARNS viewed and adjusted and approved
from Massachusetts that I think what to the amendment in the nature of a sub- media time buys, reviewed and modi-
he has to worry about is the executive stitute No. 13 offered by Mr. SHAYS: fied polling questions, received brief-
branch micromanaging either the DNC, Add at the end of title V the following new ings on and analyzed polling results.
or either party. section (and conform the table of contents So the President had significant in-
accordingly):
b 2330 SEC. 510. ENFORCEMENT OF SPENDING LIMIT ON
volvement with the DNC media con-
sultants in the area of polling, adver-
PRESIDENTIAL AND VICE PRESI-
Mr. MEEHAN. Reclaiming my time, DENTIAL CANDIDATES WHO RE- tising, speech writing, legislation
Mr. Chairman, what we on this side CEIVE PUBLIC FINANCING. strategy and general policy advice.
and both sides who are fighting for (A) IN GENERAL.—Section 9003 of the Inter- I think that is, frankly, what the
campaign finance reform, what we have nal Revenue Code of 1986 (26 U.S.C. 9003) is Shays-Meehan bill is trying to prevent.
to worry about is making sure we get amended by adding at the end the following I am hopeful that my colleagues will
as many votes as we can. I am de- new subsection:
support this amendment and ask that
lighted that we are going to accept a ‘‘(f) ILLEGAL SOLICITATION OF SOFT
MONEY.—No candidate for election to the of- the candidates who do run for Presi-
couple of your amendments, but I just dent and Vice President will certify so
fice of President or Vice President may re-
want to illustrate the point that ulti- ceive amounts from the Presidential Elec- that they have a full understanding be-
mately you are not going to support tion Campaign Fund under this chapter or fore they go into this what their roles
our bill, which is unfortunate. But I chapter 96 unless the candidate certifies that will be.
will point out, this evening we had sev- the candidate shall not solicit any funds for Mr. Chairman, I reserve the balance
eral historic votes, broad bipartisan the purposes of influencing such election, in- of my time.
support to defeat poison pill amend- cluding any funds used for an independent Mr. MEEEHAN. Mr. Chairman, I ask
ments. expenditure under the Federal Election Cam-
paign Act of 1971, unless the funds are sub-
unanimous consent to claim the time
I am encouraged, I think my col- in opposition to the amendment.
ject to the limitations, prohibitions, and re-
leagues who are here are encouraged porting requirements of the Federal Election The CHAIRMAN pro tempore. Is
with the tremendous support. We look Campaign Act of 1971.’’. there objection to the request of the
forward to dealing tomorrow with the (b) EFFECTIVE DATE.—The amendment gentleman from Massachusetts?
remaining amendments and voting yes made by this section shall apply with respect There was no objection.
on those amendments that we are ac- to elections occurring on or after the date of The CHAIRMAN pro tempore. The
cepting and voting no on those amend- the enactment of this Act. gentleman from Massachusetts (Mr.
ments which would destroy the unique The CHAIRMAN pro tempore. Pursu- MEEHAN) is recognized for 5 minutes.
and historic bipartisan coalition that ant to the order of the House of Friday, Mr. MEEEHAN. Mr. Chairman, I
we have in support of our legislation. July 17, 1998, the gentleman from Flor- yield myself such time as I may con-
I look forward to getting through the ida (Mr. STEARNS) and a Member op- sume.
amendments this evening. We are mov- posed, each will control 5 minutes. I think we can support this amend-
ing along slowly but surely. I am de- The Chair recognizes the gentleman ment, although I was a little concerned
lighted at how well things are going from Florida (Mr. STEARNS). when you indicated you are going to
this evening. Mr. STEARNS. Mr. Chairman, I yield read into the RECORD some of Dick
Mr. Chairman, I yield back the bal- myself such time as I may consume. Morris’ words. It makes me a little
ance of my time. This amendment is similar to the nervous as to whether or not we really
Mr. STEARNS. Mr. Chairman, I yield other one except we ask that can- support the amendment.
myself the balance of my time. didates certify their intent. Let me Everything sounded great until we
Judging from the information given just read a portion of this so we can got to that. I get a little concerned
by my colleague, I assume he is sup- clarify it: about which statements from Dick
porting my amendment. I think that No candidate for election to the of- Morris were going to be read into the
the idea of putting penalties in place is fice of President or Vice President may record, but, in any event, we generally
important. I think the whole idea of receive amounts from the Presidential support the amendment.
the executive branch micromanaging Election Campaign Fund unless the I think that the Shays-Meehan legis-
any other area of the campaign financ- candidate certifies that the candidate lation addresses precisely the matter
ing operations is what we are trying to shall not solicit any funds for the pur- that you are concerned about. I do not
prevent. I would say to my colleague pose of influencing such election, in- know that it does address matters that
that I appreciate his support. cluding any funds used for an independ- Dick Morris may be concerned about,
The CHAIRMAN pro tempore (Mr. ent expenditure, unless the funds are but in any event we are delighted to
SNOWBARGER). The question is on the subject to the limitations, prohibitions accept the amendment, notwithstand-
amendment offered by the gentleman and reporting requirements under the ing the statements of Mr. Morris that
from Florida (Mr. STEARNS) to the law. have been submitted into the RECORD.
amendment in the nature of a sub- The reason I offer this amendment, of Mr. Chairman, I reserve the balance
stitute No. 13 offered by the gentleman course, is that, again, some of the tes- of my time.
from Connecticut (Mr. SHAYS). timony in the Senate hearing that Mr. STEARNS. Mr. Chairman, I yield
The amendment to the amendment in brought forth the clear intent. And so myself such time as I may consume.
the nature of a substitute was agreed we need to establish that a candidate Mr. Chairman, the reason I men-
to. for President and Vice President will tioned Dick Morris was just to give an
H6844 CONGRESSIONAL RECORD — HOUSE July 30, 1998
example of what occurred, and I think Ms. RIVERS. Mr. Chairman, a few Mr. STEARNS. Mr. Chairman, I de-
the folks realize that he was the prin- weeks ago when we were discussing mand a recorded vote.
cipal advisor to the President and basi- campaign finance abuses, I spent some The CHAIRMAN pro tempore. Pursu-
cally they started running these ads time on the floor talking about a sys- ant to House Resolution 442, further
that were constantly lauding the Presi- tem that has been developed over time proceedings on the amendment offered
dent all around the country and his by both parties, where blame really by the gentleman from Florida (Mr.
record and running specific issue ads, needs to go, to both parties, and STEARNS) to the amendment in the na-
and the problem was funding those ads. change really has to come from both ture of a substitute offered by the gen-
So I am not categorically going after parties. tleman from Connecticut (Mr. SHAYS)
Mr. Morris or anybody but other than So I listened with some interest to- will be postponed.
to say this is a clear example of what night when the gentleman from Florida The CHAIRMAN pro tempore. It is
the committee on the Senate was talk- (Mr. STEARNS) was making his com- now in order to consider amendment
ing about, which we need to prevent. ments, because my recollection is No. 50.
The problem of funding these ads got there is, in addition to investigations AMENDMENT OFFERED BY MR. WHITFIELD TO
very difficult and where they got the going on around the Clinton-Gore cam- THE AMENDMENT IN THE NATURE OF A SUB-
money is where they started to get paign, there is currently an investiga- STITUTE NO. 13 OFFERED BY MR. SHAYS
into the micromanaging. So putting tion going on around the Dole-Kemp Mr. WHITFIELD. Mr. Chairman, I
this in the record is important to es- campaign for their micromanagement offer an amendment to the amendment
tablish a reason why you support this of their money and coordination of in the nature of a substitute.
amendment and why I support this their efforts in the campaign issues. The CHAIRMAN pro tempore. The
amendment. So I think what we need to do is to Clerk will designate the amendment.
Mr. Chairman, I reserve the balance go back to the very place I started sev- The text of the amendment is as fol-
of my time. eral weeks ago, which is we have a lows:
Mr. MEEHAN. Mr. Chairman, I yield
campaign system that has been built Amendment No. 50 offered by Mr.
myself 15 seconds. WHITFIELD to the amendment in the nature
Mr. Chairman, the gentleman makes by both parties that does not work
anymore, that has to be changed by of a substitute No. 13 offered by Mr. SHAYS:
some very good points. I have no idea Add at the end of title I the following new
why the President ever hired Dick Mor- people on both parties.
section (and conform the table of contents
ris to begin with. After so many Repub- I applaud the fact that the gentleman
accordingly):
lican campaigns, I have no idea why he from Florida (Mr. STEARNS) is now in-
SEC. 104. INCREASE IN CONTRIBUTION LIMIT
did hire him. I think when the history terested in soft money and very inter- FOR CONTRIBUTIONS TO CAN-
books are written, the President will ested in making sure that some people DIDATES BY PERSONS OTHER THAN
in the system do not abuse soft money. PACS.
regret ever having hired him.
Those of us that are part of the re- Section 315(a)(1)(A) of the Federal Election
Mr. STEARNS. Mr. Chairman, I yield Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A))
myself such time as I may consume. form group want to make sure that no
is amended by striking ‘‘$1,000’’) and insert-
Mr. Chairman, I think Congress one in the system abuses soft money,
ing ‘‘$3,000’’.
needs to strengthen the law by pre- and I would invite the gentleman from
Florida to join us in supporting a ban The CHAIRMAN pro tempore. Pursu-
venting the type of activity that Dick
on all soft money, and then we would ant to the order of the House of Friday,
Morris mentioned in his testimony.
This type of abuse should be prevented not have worry about whose words July 17, 1998, the gentleman from Ken-
from ever happening again in presi- have to be read into the RECORD. Then tucky (Mr. WHITFIELD) and the gen-
dential campaigns, and I urge my col- we would know that no one is going to tleman from Tennessee (Mr. WAMP)
leagues to support the amendment. engage in the kind of behavior that we each will control 5 minutes.
The infamous Dick Morris testified to the all find offensive. The Chair recognizes the gentleman
Committee that, Mr. MEEHAN. Mr. Chairman, I yield from Kentucky (Mr. WHITFIELD).
The President had significant involvement myself such time as I may consume. Mr. WHITFIELD. Mr. Chairman, I
with the DNC media consultants in the areas Mr. Chairman, I would just add on yield myself such time as I may con-
of polling, advertising, speech-writing, legis- that, there is still a lot of room left on sume. As we conclude the debate on
lation strategy, and general policy advice. this Shays-Meehan bandwagon, and we this important legislation, I have been
The President: (1) reviewed, modified and ap- very pleased with the debate that has
proved all advertising copy; (2) reviewed, ad-
would love to have you joining with us
in abolishing soft money, sham issue been a long and lengthy debate and I
justed and approved media time buys; (3) re- think we have covered about every as-
viewed and modified polling questions; and ads, giving the FEC the teeth that they
(4) received briefings on the analyzed polling need to enforce the election laws that pect of campaign finance that one can
results. are on the book. cover. The advocates for campaign fi-
A significant amount of the polling work
the consultants performed for the President b 2340
nance have talked a lot about special
interests. They have talked a lot about
‘‘related to substantive issues in connection We are very, very proud of the Mem- sham ads. They have talked a lot about
with his job as President, but is (also) could bers on both sides of the aisle that too much money. They have talked
be considered political.’’ The President
wanted to keep total control over the adver-
have demonstrated I think this evening about inadequate disclosure. We have
tising campaign designed by Morris and the on a number of votes wonderful sup- said many times, I guess, that special
DNC media consultants. port, Republicans, Democrats, conserv- interest depends on who supports you
The defenders of the President will argue atives, liberals. There is still plenty of and who does not; and sham ads if you
that this is not a violation of the letter of the room on this bandwagon as we roll to a do not like it, maybe it is a sham ad.
law under the Federal Election Campaign Act, majority vote by the Members of this So those are valid reasons that people
but this intertwined coordination between the body coming early next week. We have for supporting this legislation.
President, his political advisors, and DNC would encourage the gentleman to join I have told some people, and I firmly
media consultants is certainly a violation of the with us on those votes. believe this, that one of the unintended
spirit of the law. Mr. Chairman, I yield back the bal- consequences of this act is to protect
Congress needs to strengthen the law by ance of my time. incumbents. The amendment that I am
preventing this type of abuse from happening The CHAIRMAN pro tempore (Mr. offering is to try to help alleviate the
again during another presidential campaign. I SNOWBARGER). The question is on the burden that is placed on people running
urge my colleagues to support this amend- amendment offered by the gentleman for Congress the first time. I think all
ment. from Florida (Mr. STEARNS) to the of us know that about 80 percent of the
Mr. Chairman, I yield back the bal- amendment in the nature of a sub- political action committee money goes
ance of my time. stitute No. 13 offered by the gentleman to incumbents. One thing about the
Mr. MEEHAN. Mr. Chairman, I yield from Connecticut (Mr. SHAYS). Shays-Meehan bill, it does not do any-
as much time as she may consume to The question was taken; and the thing about the way candidates raise
the gentlewoman from Michigan (Ms. Chairman pro tempore announced that their money or spend their money. It
RIVERS). the ayes appeared to have it. applies only to the way other groups
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6845
out in the country spend their money floor and promote it, that then every- the need to increase PAC contributions
and participate in the political system. body can say, ‘‘Well, I supported that or individual contributions but this
This is a very simple amendment in but I didn’t support this, therefore, I only limits and allows individual con-
that it increases the amount that an didn’t support final passage’’ and we tributions to be increased, and I would
individual can give a candidate from never get reform. oppose it.
$1,000 to $3,000. Now, this contribution That is why I rise today even though Mr. WHITFIELD. Mr. Chairman, I
limit was set in 1974. When you con- I did support this principle early in my yield myself the balance of my time. I
sider inflation, it is worth in today’s career here, knowing that there is no want to quote Justice Thurgood Mar-
dollars $325 instead of the $1,000 that support here for that, and we cannot shall whom I do not think anyone
was in 1974. But I would ask that Mem- add it to this bill because frankly it is could say is a very conservative judge,
bers give some serious thought to this, one of the things that will sink the but in Buckley v. Valeo he said, ‘‘One
because, as I said, 80 percent of politi- boat. of the points on which all Members of
cal action committee money goes to Mr. Chairman, I yield 2 minutes to the Court agree is that money is essen-
incumbents. All of us know the first the gentleman from California (Mr. tial to effective communication in a
time that we ran, it is very difficult to FARR). political campaign.’’
raise the money. If we can increase the
amount that an individual can contrib-
Mr. FARR of California. Mr. Chair-
man, I rise in opposition to this amend-
b 2250
ute from $1,000 to $3,000, I think it will And we do live in a world where it
ment because I cannot understand
go a long way in making this a more costs a lot of money to buy TV ads, to
what is broken and needs fixing. This
equitable system, particularly for buy newspaper ads, to buy radio ads,
amendment suggests that there is not
those very few candidates, one of which and I guess I am not surprised that in-
enough money in campaigns. This
may be on the floor this evening, who cumbents would not support this be-
whole debate, this whole process start-
do not accept political action commit- cause it would be easier for opponents
ed when we tried to put limits on what
tee money. This kind of evens the play- to raise money if they raised the
candidates running for a seat in Con-
ing field, and that is really my purpose amount that an individual can give.
gress would spend in campaigns. They And we talked about the groups that
in introducing this amendment. still have that comprehensive bill on
Mr. Chairman, I reserve the balance supported Shays-Meehan, and one of
the floor. That is the way this bill those groups is Public Campaign that
of my time. started out. Nowhere were we going to
Mr. WAMP. Mr. Chairman, I yield has been running newspaper ads in my
try to get more money into campaigns. district against me for the last day or
myself such time as I may consume. I And just to show you that only .1 per-
may be uniquely qualified to address two and also in the Washington Post;
cent of the American people, about 235 and, as I said earlier, I did not particu-
this amendment because, as the gen- individuals gave contributions of $1,000
tleman from Kentucky knows, he and I larly like it, but I think they have a
or more in 1995 and 1996 to Federal can- right to do that. That is an issue ad in
got here together in early 1995 and didates and to PACs and parties that
within just a few weeks, I had a bill on my view. I think they have a right to
support candidates. Yet this group do that, but they really pounded me be-
the floor called the Wamp Congress Act gave as much money for Federal elec-
of 1995. I think the gentleman from cause they said, ‘‘Ed Whitfield is trying
tions, $638 million, as the millions who to triple the amount of money that an
Kentucky was probably one of my co- gave under $200.
sponsors, which actually did in fact in- individual can give,’’ and yet I find it
This is not the part of the campaign
crease the individual contribution quite ironic that one of their largest
finance system that is broken and
limit. But over the last 4 years as I contributors is a guy named Mr. Solls,
needs fixing, to get more money into
have worked this body on both sides of who is one of the wealthiest men in the
the system. In fact, this amendment,
the aisle to try to build consensus world. He contributes heavily to them.
as well-intentioned as the author may So I guess that sometimes it just de-
around this issue of campaign reform, be on it, is a poison pill. It is opposed
knowing that there were land mines pends upon who gives the money, but I
by all of those groups that advocated think that we are doing a great dis-
throughout the entire process and for campaign finance reform, including
knowing that this fundamental system service to our political system if we
League of Women Voters, Public Citi- prevent individuals from giving up to
has not been changed since Watergate zen, Common Cause, the U.S. PIRG and
because there are too many good ways $3,000 to candidates that they have con-
others. fidence in, that they believe in and
to kill it, I looked for a consensus I ask my colleagues to oppose this
around a few principles, and that is they want to support, particularly
amendment, because it is not going to
what we have on the floor tonight rep- when they know that challengers are
help get the Shays-Meehan bill passed,
resented in Shays-Meehan. That is why not going to receive political action
and it is not going to help the percep-
I reluctantly oppose the gentleman’s committee money.
tion of the American public that we So I would urge the adoption of this
amendment. Because there is an intel- need to have more money and bigger amendment.
lectual argument to be made for the contributions in campaigns. The CHAIRMAN pro tempore (Mr.
fact that an individual contribution in Mr. WAMP. Mr. Chairman, recogniz- SNOWBARGER). All time has expired.
1974 is actually worth about $3,000 ing that the gentleman from Kentucky The question is on the amendment
today, but the fact is there is not much has the right to close, I yield the bal- offered by the gentleman from Ken-
support in this body for raising individ- ance of my time to the gentleman from tucky (Mr. WHITFIELD) to the amend-
ual contribution limits, and none of us Connecticut (Mr. SHAYS). ment in the nature of a substitute No.
can be king for a day. If I were king for Mr. SHAYS. Mr. Chairman, I just 13 offered by the gentleman from Con-
a day, I would have my own bill here would like to say that Meehan-Shays necticut (Mr. SHAYS.)
and it would be much different than does three primary things: It bans soft The question was taken; and the
what we have. But this process is a money, the unlimited sums of money Chairman pro tempore announced that
process of compromise and consensus. that go from individuals, corporations, the noes appeared to have it.
We are looking for a majority, espe- labor unions and other interest groups; Mr. WHITFIELD. Mr. Chairman, I de-
cially a bipartisan majority, so that we it deals with the sham issue ads and mand a recorded vote.
can actually accomplish something calls them what they should, campaign The CHAIRMAN pro tempore. Pursu-
that has not been accomplished in a ads; and it also has FEC enforcement ant to House Resolution 442, further
generation because there are too many and disclosure. proceedings on the amendment offered
ways to chop the legs out from under- It does not have a lot of things. We by the gentleman from Kentucky (Mr.
neath this particular issue, because did not deal with issues that some WHITFIELD) to the amendment in the
this one issue is the issue that is at the Members would like us to deal with, in- nature of a substitute No. 13 offered by
heart of whether or not we can stay in state, out-of-state. It does not deal Mr. SHAYS will be postponed.
power as Members of Congress, and with motor voter and Voter Rights It is now in order to consider Amend-
that is why the oldest trick in this Act. There are a number of things we ment No. 51 offered by the gentleman
business is to put something on the do not do. We do not deal maybe with from Kentucky (Mr. WHITFIELD).
H6846 CONGRESSIONAL RECORD — HOUSE July 30, 1998
AMENDMENT OFFERED BY MR. WHITFIELD TO Under this bill, they will not be able wonderful things, but we do not at the
THE AMENDMENT IN THE NATURE OF A SUB- to run those ads unless they had raised end say ‘‘Vote for President Bill Clin-
STITUTE NO. 13 OFFERED BY MR. SHAYS ton.’’ Senator Bob Dole has done these
the money under the hard money rules.
Mr. WHITFIELD. Mr. Chairman, I In other words, they would be totally wonderful things, great American, but
offer an amendment to the amendment caught up in the rules of the Federal at the end we do not say ‘‘Vote for Bob
in the nature of a substitute. Election Commission. They would have Dole.’’
The CHAIRMAN pro tempore. The to meet all the requirements of the It is the most gravid interpretation
Clerk will designate the amendment to Federal Election Commission, have to of campaign advocacy to say that only
the amendment in the nature of a sub- meet all of the limits, all of the finan- those ads that actually use the word
stitute. cial disclosures. And the courts have ‘‘vote for’’ or ‘‘vote against’’ are ex-
The text of the amendment to the repeatedly said that that is a very press advocacy.
amendment in the nature of a sub- chilling effect on the participation of Second point: The gentleman inten-
stitute is as follows: people in the political process, and the tionally strikes from this bill the pro-
Amendment offered by Mr. WHITFIELD to courts have repeatedly said that the hibition on using undisclosed money,
the amendment in the nature of a substitute very core of our system is to allow par- money from whom no one knows the
No. 13 offered by Mr. SHAYS: ticipation, and this definition explic- source for advertisements that men-
Amend section 301(20)(A) of the Federal tion the name of the candidate on radio
itly makes it more difficult to partici-
Election Campaign Act of 1971, as added by and television in the last 60 days of a
section 201(b) of the substitute, to read as pate.
And the thing that I find the most campaign.
follows: What is wrong with disclosure? Our
‘‘(A) IN GENERAL.—The term ‘express advo- troubling about it in this particular
section is that when we get down to the good friend and colleague argues that
cacy’ means a communication that advo-
cates the election or defeat of a candidate by end of the campaign, the only people disclosure chills. Not at all. In other
containing a phrase such as ‘vote for’, ‘re- that are going to be talking about contexts those who have been advocat-
elect’, ‘support’, ‘cast your ballot for’, ing against the Shays-Meehan bill have
these campaigns are the candidates
‘(name of candidate) for Congress’, ‘(name of said all we need is disclosure. Indeed
themselves, the money that they spend
candidate) in 1997’, ‘vote against’, ‘defeat’, that was the view of many of our col-
‘reject’.’’ for our ads. Then we are going to have
leagues.
political action committees, that they The Supreme Court’s interpretations
The CHAIRMAN pro tempore. Pursu- can buy ads, and then we are going to
ant to the order of the House of Friday, of disclosure certainly have identified
have the news media doing editorials the concern about membership in
July 17, 1998, the gentleman from Ken- on who they support.
tucky (Mr. WHITFIELD) and a Member NAACP, for example, at a time when
But the mass of people out there who
opposed will each control 5 minutes. that civil rights group was under a
belong to organizations, they are not
The Chair recognizes the gentleman great degree of strain in our country
going to have much say-so unless they
from Kentucky (Mr. WHITFIELD). but have never said that it is chilling
want to go through all of this trouble,
Mr. WHITFIELD. Mr. Chairman, I for the American people to know what
all of this burden of forming a political
yield myself such time as I may con- source of money puts an ad on 60 days
action committee, raising money, hir-
sume. before the election using the name of
ing lawyers, filing reports and so forth.
Mr. Chairman, this amendment sim- the candidate and hiding the identity
So I am very disappointed, I am ex-
ply defines ‘‘express advocacy’’ using of the donor.
tremely disappointed, in the way they
the exact terms that the Supreme expand the definition of ‘‘express advo- b 2400
Court has used repeatedly in defining cacy,’’ and my amendment simply Yet that would be struck by the pro-
express advocacy. This issue goes to brings it down to precisely what the posal of our good friend, the gentleman
the very core, the very heart, of what Supreme Court has said: a bright line from Kentucky.
this debate is about because the Shays- test so there is no question about what The Supreme Court has actually
Meehan bill expands the definition of is and what is not express advocacy. opined in an area very close to this in
‘‘express advocacy’’. And when we ex- Mr. Chairman, I reserve the balance the matter before us, in Massachusetts
pand the definition of ‘‘express advo- of my time. Committee For Life. In Massachusetts
cacy,’’ we automatically increase the Mr. CAMPBELL. Mr. Chairman, I Committee For Life, the Supreme
opportunities for hard money to be rise to claim the time in opposition. Court says that publication at issue
spent and decrease the opportunities The CHAIRMAN pro tempore. Is the there, quote, ‘‘cannot be regarded as a
for individuals to spend money who do gentleman opposed to the amendment? mere discussion of public issues that,
not have political action committees, Mr. CAMPBELL. I am. by their nature, raise the names of cer-
who have not hired lawyers to file all The CHAIRMAN pro tempore. The tain politicians. Rather, it provides, in
the reports with the FEC, and I think gentleman from California (Mr. CAMP- effect, an explicit directive for these
it is going to be a chilling effect upon BELL) is recognized for 5 minutes. named candidates. The fact that this
the participation and the political sys- Mr. CAMPBELL. Mr. Chairman, the message is marginally less direct than
tem. words kill. It is the spirit that giveth ‘vote for Smith’ does not change its es-
Now Shays-Meehan expands the defi- life. The Scriptural reference applies to sential nature.’’ End quote.
nition in a number of ways way beyond this part of the bill. The Supreme Court has told us it is
what the Supreme Court has said. One My good dear friend from Kentucky the spirit that giveth life when the
way that they do it is they say if an ad has given us the words, and he says words can kill. We have heard this ar-
refers to one or more clearly-identified that all that may be condemned are gument many times. At this point, it is
candidates in a paid advertisement those ads which are so explicit in using appropriate, I think, to recognize the
that is broadcast by a radio broadcast words that they qualify in his defini- fundamental difference between people
station or a television broadcast sta- tion as express advocacy. But what of goodwill.
tion within 60 calendar days preceding about the spirit that giveth life? What I have the highest regard for the gen-
the date of an election of the can- about ads that, in every other mean- tleman from Kentucky. He is sincere.
didate, that that is express advocacy. ing, affect intent, purpose, are an ex- He would not make the campaign fi-
And in essence what they are doing press advocacy ad, but they are clever nance reform that is needed, the cam-
here at a time when people focus on po- enough not to use the word ‘‘vote for’’ paign finance reform that is at the
litical campaigns, as we get closer to or ‘‘vote against?’’ heart of Shays-Meehan, and that is
the election, people focus on it, and This kind of abuse has been docu- that the American people know who is
that is when we have groups like the mented so many times in this debate paying for ads that are campaign ads in
Sierra Club, the Right to Life, Pro- that it is unnecessary to go too much every sense.
choice, labor unions; all these groups into detail, but I refer all of my col- Mr. Chairman, I reserve the balance
take out ads, and they talk about vot- leagues to the examples that have been of my time.
ing records of candidates as you get raised regarding such comments as Mr. FAZIO of California. Mr. Chair-
within 60 days of an election. President Bill Clinton has done these man, will the gentleman yield?
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6847
Mr. CAMPBELL. Mr. Chairman, will The CHAIRMAN pro tempore. All donors around the country and then de-
the Chair tell me how much time I time has expired. liver the money in large bundles. It is
have remaining? The question is on the amendment a way of avoiding limits on donations
The CHAIRMAN pro tempore (Mr. offered by the gentleman from Ken- to campaigns.
SNOWBARGER). The gentleman from tucky (Mr. WHITFIELD) to the amend- The Center for Responsive Politics
California (Mr. CAMPBELL) has 1 ment in the nature of a substitute No. identified at least 32 bundles in excess
minute remaining. 13 offered by the gentleman from Con- of $20,000 that went to House Members
Mr. CAMPBELL. Mr. Chairman, I am necticut (Mr. SHAYS). during the 1994 election cycle. The cen-
pleased to yield such time as he may The question was taken; and the ter surveying this practice wrote that
consume to the gentleman from Cali- Chairman pro tempore announced that bundling is ‘‘as predictable as the sun-
fornia. the noes appeared to have it. rise.’’ This practice undermines the
Mr. FAZIO of California. Mr. Chair- Mr. WHITFIELD. Mr. Chairman, I de- whole established structure of cam-
man, I have been reading the gentle- mand a recorded vote. paign finance.
man’s amendment, and I think that I The CHAIRMAN pro tempore. Pursu- My amendment simply states that
can come up with a number of phrases ant to House Resolution 442, further intermediaries cannot engage in this
that would apparently be permitted proceedings on the amendment offered practice. They can only provide advice
but which, under his amendment, by the gentleman from Kentucky (Mr. to individuals about making a con-
would be very questionable. WHITFIELD) to the amendment in the tribution.
Think of words like ‘‘Think Joe nature of a substitute No. 13 offered by In the past, opposition to bundling
Smith’’ or ‘‘Joe Smith thinks about the gentleman from Connecticut (Mr. was close to a consensus issue among
our Nation’s future every day’’ or ‘‘Joe SHAYS) will be postponed. supporters of campaign finance reform.
Smith, the 1st District’s Congressman’’ It is now in order to consider Amend- In the past, most campaign finance re-
or on the crime theme, ‘‘Joe Smith ment No. 52 offered by the gentleman form proposals have included some
voted yes on the crime bill,’’ ‘‘Joe from Pennsylvania (Mr. ENGLISH). kind of antibundling language; indeed,
Smith was sponsor of the crime bill,’’ AMENDMENT OFFERED BY MR. ENGLISH OF earlier versions of Shays-Meehan in-
‘‘Joe Smith is tough on crime.’’ PENNSYLVANIA TO THE AMENDMENT IN THE cluded bundling restrictions.
All of these would be passing muster NATURE OF A SUBSTITUTE NO. 13 OFFERED BY I urge my colleagues to vote in favor
under the amendment that the gen- MR. SHAYS
of this amendment, to close this ter-
tleman from Kentucky offers. I think Mr. ENGLISH of Pennsylvania. Mr. rible conduit for cash.
that they all have a clear purpose and Chairman, I offer an amendment to the Mr. Chairman, I reserve the balance
intent. But under this amendment, amendment in the nature of a sub- of my time.
they would be permitted. stitute. Ms. DELAURO. Mr. Chairman, I ask
Mr. CAMPBELL. Mr. Chairman, re- The CHAIRMAN pro tempore. The unanimous consent to claim the 5 min-
claiming my time, all that we ask is Clerk will designate the amendment. utes.
that we know who is paying for these The text of the amendment is as fol- The CHAIRMAN pro tempore. Is the
ads, not that they be stopped. lows:
Mr. Chairman, I yield such time as he gentlewoman opposed to the amend-
Amendment offered by Mr. ENGLISH of
may consume to the gentleman from Pennsylvania to the amendment in the na- ment?
ture of a substitute No. 13 offered by Mr. Ms. DELAURO. Yes, I am.
Michigan (Mr. LEVIN).
Mr. LEVIN. Mr. Chairman, I admire SHAYS: The CHAIRMAN pro tempore. Is
the gentleman from Kentucky (Mr. Add at the end of title V the following new there objection to the request of the
section (and conform the table of contents gentlewoman from Connecticut?
WHITFIELD) for his persistence. This is accordingly):
the sixth, seventh time. Do we have to There was no objection.
SEC. 510. PROHIBITING BUNDLING OF CONTRIBU- The CHAIRMAN pro tempore. The
beat him again? TIONS.
The CHAIRMAN pro tempore. The Chair recognizes the gentlewoman from
Section 315(a)(8) of the Federal Election
gentleman’s time is expired. Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is
Connecticut (Ms. DELAURO) for 5 min-
Mr. WHITFIELD. Mr. Chairman, I amended to read as follows: utes.
yield myself such time as I may con- ‘‘(8) No person may make a contribution Ms. DELAURO. Mr. Chairman, I yield
sume. through an intermediary or conduit, except myself such time as I may consume.
Mr. Chairman, first of all, we keep that a person may facilitate a contribution I rise in strong opposition to the
talking about disclosure. As I said be- by providing— English amendment. Three years ago
‘‘(A) advice to another person as to how when campaign finance reformers
fore, when the labor unions ran ads the other person may make a contribution;
against me last time on television, started out to change the American
and
every ad said ‘‘Paid for by AFL-CIO.’’ ‘‘(B) addressed mailing material or similar election system, our goal was to try to
The Federal Communication Commis- items to another person for use by the other increase the number of participants in
sion requires that on television that we person in making a contribution.’’. the political process and to take elec-
know who pays for these ads. The CHAIRMAN pro tempore. Pursu- tions out of the hands of the big-money
It is interesting the public campaign ant to the order of the House of Friday, special interests.
group is running these ads all over the July 17, 1998, the gentleman from Penn- This amendment would, in fact, do
country right now. We do not really sylvania (Mr. ENGLISH) and a Member just the opposite. It would rob Ameri-
know who pays for those ads either, opposed each will control 5 minutes. cans of an essential tool in leveling the
but they have a right to do it. The Chair recognizes the gentleman political playing field. It effectively
In closing, I would simply say the from Pennsylvania (Mr. ENGLISH). prevents bundling, which lets ordinary
third expansion of express advocacy in Mr. ENGLISH of Pennsylvania. Mr. Americans with limited resources pool
this bill has already explicitly been de- Chairman, I yield myself such time as their funds together into a single con-
clared unconstitutional by the Su- I may consume. tribution and put themselves on equal
preme Court in FEC versus Maine I rise to offer an amendment that footing with the more well-heeled po-
Right To Life. The exact wording is in speaks to an issue fundamental to cam- litical interests. It also would allow
here, already been declared unconstitu- paign finance reform, one that would corporate officers to host campaign
tional. close a gaping loophole in the existing functions for candidates and collect
I just think it is a shame that we campaign laws through which a torrent checks.
spend this much time on a bill that of special interest cash has poured in I give you an example of women in
most people that have reviewed it, that every recent election. politics. Today, thanks to coordinated
have taken cases to the Supreme My amendment is a basic reform of grassroots efforts, over 45,000 members
Court, say will be declared unconstitu- the current system and something that of EMILY’S List, who on average have
tional. Also, I think it shows very the Shays-Meehan substitute unfortu- contributed less than $100 per can-
clearly that this really is an incumbent nately does not address. didate, they had an opportunity to tri-
protection act. I would ask for the Bundling is the process by which spe- ple the number of women who serve in
adoption of my amendment. cial interest groups solicit funds from this body.
H6848 CONGRESSIONAL RECORD — HOUSE July 30, 1998
There is EMILY’S list on the Demo- of course, that there are more women I was curious to listen to some of the
cratic side of the aisle. There is a group in Congress. arguments on the other side. They are
called Wish List on the Republican side Ms. DELAURO. Mr. Chairman, how kind of fascinating to me, because, Mr.
of the aisle which, in fact, is looking at much time do I have remaining? Chairman, I served as the first chief of
how we, in fact, change the face of the The CHAIRMAN pro tempore (Mr. staff for the first woman to ever serve
Congress and bring new people into the SNOWBARGER). The gentlewoman from in the Republican Conference in the
process and bring women, women of Connecticut (Ms. DELAURO) has 11⁄2 Pennsylvania Senate. I do not think
color into the process in this body. minutes remaining. anyone on the floor of this House has a
That has been accomplished by these Ms. DELAURO. Mr. Chairman, I yield stronger record than I do of promoting
groups. 1 minute to the gentleman from Cali- women in high office, and I can tell my
The ability to pool political dona- fornia (Mr. FAZIO). colleagues, my old boss got elected at
tions helps put average Americans on Mr. FAZIO of California. Mr. Chair- the age of 28 to a State Senate seat
equal footing with the wealthiest of in- man, I thank my friend for yielding. half the size of a congressional seat, on
I think if we look at this amendment, a shoestring and without bundling.
terests. This benefits everyone, regard-
it is obviously flawed in one sense, and It is ridiculous to argue that bun-
less of what side of the political spec-
that is that it only covers hard dollars. dling somehow has something to do
trum we may fall, self-employed men
Triad Management is an organization with few women being in Congress.
and women who sell Amway products,
that has gone out and organized all Quite the contrary. Bundling favors in-
local environmentalists who partici-
kinds of soft money bundling activi- cumbents, and women as challengers
pate in the League of Conservation
ties, including an entity called Citizens would benefit from the reduction in the
Voters. I mentioned Wish List, the Na-
for the Republic Education Fund, practice of bundling.
tional Jewish Democratic Council,
which gave $2 million in the final In the past, the authors of this sub-
Council for a Livable World.
weeks of the 1996 campaign to Repub- stitute have opposed the practice of
The English amendment cripples
lican candidates in targeted races all bundling. Unfortunately, tonight they
such organizations. It prevents ordi-
across the country. One of them hap- have chosen to support this widely ac-
nary voters from uniting together as
pened to be, by the way, the gentleman knowledged abuse by opposing this
significant political forces. What we
from Pennsylvania (Mr. ENGLISH). amendment, along with many other
want to do is to get more people in the I am wondering why this amendment
process, not less people. The English worthy amendments necessary to per-
is directed only at small donors, large- fect this substitute and restore balance
amendment would cripple that process. ly, who are contributing through proc-
Mr. Chairman, I reserve the balance to this campaign finance reform pro-
esses we have just heard described as posal.
of my time.
hard dollars, to the campaigns of can- For those of my colleagues who in
Mr. ENGLISH of Pennsylvania. Mr.
didates. We ought to be attacking soft the past have supported legislation
Chairman, I am prepared to close.
The CHAIRMAN pro tempore. The dollars that are flowing in, bundled by that included anti-bundling provisions,
gentleman has the right to close. organizations outside the political including the Farr legislation, includ-
Ms. DELAURO. Mr. Chairman, may I structure in theory, but in reality tied ing the earlier Shays-Meehan legisla-
inquire how much time I have remain- directly into the political parties, the tion, my colleagues are already on
ing? kinds of campaign expenditures that record opposing bundling. Do not flip-
The CHAIRMAN. The gentlewoman have benefited many of the Members flop tonight.
has 21⁄2 minutes remaining. who now oppose this bill and oppose Remember, instead, the statement of
Ms. DELAURO. Mr. Chairman, I yield the soft money ban included in it. Common Cause, which, as of today was
1 minute to the gentleman from Michi- Mr. Chairman, I would be much more printed on their Web site, and I quote:
gan (Ms. RIVERS). respectful of this amendment if it were ‘‘Bundling, thus, is harmful because it
Ms. RIVERS. Mr. Chairman, I found broadly based and took on all the prob- is a way around the contributional lim-
it very interesting to hear the com- lems of bundling. This one is targeted its for both individuals and PACs. It al-
ments from the gentleman from Penn- to kill this bill and perpetuate a soft lows individuals and PACs to get credit
sylvania because I was very concerned money political system. from candidates for delivering the kind
when this came forward about what Ms. DELAURO. Mr. Chairman, this of big money that the contribution
evil was trying to be remedied by this amendment truly does cripple organi- limits are intended to deter.’’
particular amendment. zations, organizations that mobilize Mr. Chairman, this amendment is
What the gentleman had to say does thousands of men and women behind fundamental reform and it is fun-
not square with my personal experi- issues that they care about. It prevents damental to perfecting this legislation.
ence and my understanding of this sys- average people from getting together I urge any Member who is serious
tem of contributing to campaigns. as a political force. Again, this benefits about campaign finance reform to sup-
Number one, these are small donors, all sides of the spectrum. We are not port it. It is the right thing to do. I
small donations. EMILY’S List, for ex- talking about narrowly defining this urge a ‘‘yes’’ vote on the English
ample, has 45,000 members from all 50 effort. Why we want to, instead of ex- amendment.
States, and they have made an average panding the opportunity for people to Mr. Chairman, I yield back the bal-
contribution of less than $100 per time. participate, to narrow these efforts, ance of my time.
There is no ability to exceed cam- and ‘‘do in,’’ if you will, the ability in The CHAIRMAN pro tempore. All
paign limits. All individual limits are terms of full disclosure. What we need time has expired.
counted in the aggregate. For any indi- to do, as my colleagues have said, is we The question is on the amendment
vidual donor anywhere in the country, need to ban the soft money, and bring offered by the gentleman from Penn-
they cannot exceed the campaign lim- participation in the political process sylvania (Mr. ENGLISH) to the amend-
its put in place on any other donor. It back home to the American people. ment in the nature of a substitute No.
simply is not true. The CHAIRMAN pro tempore. The 13 offered by the gentleman from Con-
The other thing is that all of this time of the gentlewoman from Con- necticut (Mr. SHAYS).
money is fully disclosed twice, once necticut (Ms. DELAURO) has expired. The question was taken; and the
when the donation is made to the bun- The gentleman from Pennsylvania Chairman pro tempore announced that
dling organization and secondly when (Mr. ENGLISH) is recognized. the noes appeared to have it.
the candidate receives it. So any indi- Mr. ENGLISH of Pennsylvania. Mr. RECORDED VOTE

vidual who is interested in following Chairman, how much time do I have re- Mr. ENGLISH of Pennsylvania. Mr.
this money can do to a much greater maining? Chairman, I demand a recorded vote.
degree than any other campaign con- The CHAIRMAN pro tempore. The The CHAIRMAN. Pursuant to House
tributions that a candidate will get. gentleman from Pennsylvania (Mr. Resolution 442, further proceedings on
b ENGLISH) has 3 minutes remaining. the amendment offered by the gen-
0010 Mr. ENGLISH of Pennsylvania. Mr. tleman from Pennsylvania (Mr.
Again, I have to say, what is the evil Chairman, I yield myself the balance of ENGLISH) to the amendment in the na-
that is to be remedied by this, unless, my time. ture of a substitute No. 13 offered by
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6849
the gentleman from Connecticut (Mr. ‘‘(C) USE OF INTEREST.—Interest earned on fer to the Commission for deposit in accord-
SHAYS) will be postponed. amounts in the escrow account established ance with section 326.’’.
It is now in order to consider amend- under subparagraph (A) shall be applied or (e) EFFECTIVE DATE.—The amendments
used for the same purposes as the donation made by subsections (a), (b), and (c) shall
ment No. 53 offered by the gentleman
or contribution on which it is earned. apply to contributions or donations refunded
from Pennsylvania (Mr. GEKAS) to the ‘‘(4) TREATMENT OF RETURNED CONTRIBUTION on or after the date of the enactment of this
amendment in the nature of a sub- OR DONATION AS A COMPLAINT.—The transfer Act, without regard to whether the Federal
stitute No. 13 offered by the gentleman of any contribution or donation to the Com- Election Commission or Attorney General
from Connecticut (Mr. SHAYS). mission under this section shall be treated as has issued regulations to carry out section
AMENDMENT OFFERED BY MR. GEKAS TO THE the filing of a complaint under section 309(a). 326 of the Federal Election Campaign Act of
AMENDMENT IN THE NATURE OF A SUBSTITUTE ‘‘(b) USE OF AMOUNTS PLACED IN ESCROW TO 1971 (as added by subsection (a)) by such
NO. 13 OFFERED BY MR. SHAYS COVER FINES AND PENALTIES.—The Commis- date.
sion or the Attorney General may require The CHAIRMAN pro tempore. Pursu-
Mr. GEKAS. Mr. Chairman, I offer an
any amount deposited in the escrow account
amendment to the amendment in the under subsection (a)(3) to be applied toward
ant to the order of the House of Friday,
nature of a substitute. the payment of any fine or penalty imposed July 17, 1998, the gentleman from Penn-
The CHAIRMAN pro tempore. The under this Act or title 18, United States Code sylvania (Mr. GEKAS) and a Member op-
Clerk will designate the amendment to against the person making the contribution posed each will control 5 minutes.
the amendment in the nature of a sub- or donation. The Chair recognizes the gentleman
stitute. ‘‘(c) RETURN OF CONTRIBUTION OR DONATION from Pennsylvania (Mr. GEKAS).
The text of the amendment to the AFTER DEPOSIT IN ESCROW.— Mr. GEKAS. Mr. Chairman, I have
‘‘(1) IN GENERAL.—The Commission shall
amendment in the nature of a sub- discussed this amendment with the
return a contribution or donation deposited
stitute is as follows: in the escrow account under subsection (a)(3) gentleman from Connecticut (Mr.
Amendment offered by Mr. GEKAS to the to the person making the contribution or do- SHAYS) and with some representatives
amendment in the nature of a substitute No. nation if— of the collaborators on the Democrat
13 offered by Mr. SHAYS: ‘‘(A) within 180 days after the date the con- side in this venture. This is an amend-
Add at the end of title V the following new tribution or donation is transferred, the ment that simply states that when a
section (and conform the table of contents Commission has not made a determination political party, for instance, discovers
accordingly): under section 309(a)(2) that the Commission
SEC. 510. DEPOSIT OF CERTAIN CONTRIBUTIONS
all of a sudden that it has in its hands
has reason to believe that the making of the
AND DONATIONS IN TREASURY AC- contribution or donation was made in viola-
let us say $100,000 which it knows has
COUNT.
tion of this Act; or an illegal source, my amendment
(a) IN GENERAL.—Title III of the Federal ‘‘(B)(i) the contribution or donation will would compel that organization to turn
Election Campaign Act of 1971 (2 U.S.C. 431 not be used to cover fines, penalties, or costs that money over to the FEC for a tran-
et seq.), as amended by sections 101, 401, and pursuant to subsection (b); or sitional position in which the FEC
507, is further amended by adding at the end ‘‘(ii) if the contribution or donation will be would determine the source, the nature
the following new section: used for those purposes, that the amounts re- of the illegality, and to see whether or
‘‘TREATMENT OF CERTAIN CONTRIBUTIONS AND quire for those purposes have been with-
not the IRS or the Attorney General or
DONATIONS TO BE RETURNED TO DONORS drawn from the escrow account and sub-
tracted from the returnable contribution or some law enforcement agency should
‘‘SEC. 326. (a) TRANSFER TO COMMISSION.—
‘‘(1) IN GENERAL.—Notwithstanding any donation. be brought into the picture before that
other provision of this Act, if a political ‘‘(2) NO EFFECT ON STATUS OF INVESTIGA- money is returned to the donor, as is
committee intends to return any contribu- TION.—The return of a contribution or dona- the practice now. This would go a long
tion or donation given to the political com- tion by the Commission under this sub- way in bolstering our confidence that
mittee, the committee shall transfer the section shall not be construed as having an some illegal foreign source or some
contribution or donation to the Commission effect on the status of an investigation by drug dealer who contributes grand
if— the Commission or the Attorney General of
the contribution or donation or the cir-
sums of monies to a political party
‘‘(A) the contribution or donation is in an
amount equal to or greater than $500 (other cumstances surrounding the contribution or does not get the benefit twice, first of
than a contribution or donation returned donation, or on the ability of the Commis- getting favor from a political party to
within 60 days of receipt by the committee); sion or the Attorney General to take future which he makes a donation, and then
or actions with respect to the contribution or when it is declared illegal, he gets the
‘‘(B) the contribution or donation was donation.’’. money back; he sort of launders his
made in violation of section 315, 316, 317, 319, (b) AMOUNTS USED TO DETERMINE AMOUNT own money, as it were.
or 320 (other than a contribution or donation OF PENALTY FOR VIOLATION.—Section 309(a)
What we would accomplish with my
returned within 30 days of receipt by the of such Act (2 U.S.C. 437g(a)) is amended by
inserting after paragraph (9) the following
amendment would be to have a scru-
committee).
‘‘(2) INFORMATION INCLUDED WITH TRANS- new paragraph: tiny placed upon that money before,
FERRED CONTRIBUTION OR DONATION.—A politi- ‘‘(10) For purposes of determining the and it may still be returned, before it
cal committee shall include with any con- amount of a civil penalty imposed under this be returned to the donor when it is
tribution or donation transferred under para- subsection for violations of section 326, the found to be illegal. That is the simple
graph (1)— amount of the donation involved shall be text of my amendment.
‘‘(A) a request that the Commission return treated as the amount of the contribution in- Mr. Chairman, I reserve the balance
the contribution or donation to the person volved.’’.
of my time.
making the contribution or donation; and (c) DONATION DEFINED.—Section 301 of such
Act (2 U.S.C. 431), as amended by sections Mr. SHAYS. Mr. Chairman, I ask
‘‘(B) information regarding the cir-
cumstances surrounding the making of the 201(b) and 307(b), is further amended by add- unanimous consent to control the 5
contribution or donation and any opinion of ing at the end the following: minutes, since I do support the amend-
the political committee concerning whether ‘‘(22) DONATION.—The term ‘donation’ ment.
the contribution or donation may have been means a gift, subscription, loan, advance, or The CHAIRMAN pro tempore. Is
made in violation of this Act. deposit of money or anything else of value there objection to the request of the
‘‘(3) ESTABLISHMENT OF ESCROW ACCOUNT.— made by any person to a national committee gentleman from Connecticut?
‘‘(A) IN GENERAL.—The Commission shall of a political party or a Senatorial or Con-
There was no objection.
establish a single interest-bearing escrow ac- gressional Campaign Committee of a na-
count for deposit of amounts transferred tional political party for any purpose, but Mr. SHAYS. Mr. Chairman, I yield
under paragraph (1). does not include a contribution (as defined in myself such time as I may consume.
‘‘(B) DISPOSITION OF AMOUNTS RECEIVED.— paragraph (8)).’’. We are concluding debate on all of
On receiving an amount from a political (d) DISGORGEMENT AUTHORITY.—Section 309 the amendments that have come before
committee under paragraph (1), the Commis- of such Act (2 U.S.C. 437g) is amended by us, and I think it is almost symbolic to
sion shall— adding at the end the following new sub- have an amendment offered by the gen-
‘‘(i) deposit the amount in the escrow ac- section: tleman from Pennsylvania (Mr.
count established under subparagraph (A); ‘‘(e) Any conciliation agreement, civil ac-
tion, or criminal action entered into or insti-
GEKAS), and I appreciate him waiting
and
‘‘(ii) notify the Attorney General and the tuted under this section may require a per- so late to offer it, an amendment that
Commissioner of the Internal Revenue Serv- son to forfeit to the Treasury any contribu- I think we can support.
ice of the receipt of the amount from the po- tion, donation, or expenditure that is the It makes logical sense that if money
litical committee. subject of the agreement or action for trans- that was donated was not donated
H6850 CONGRESSIONAL RECORD — HOUSE July 30, 1998
properly and may not be that individ- the gentleman from Pennsylvania (Mr. would give the Federal Elections Com-
ual’s money, it should not be returned GEKAS) to explain his modification. mission authority to investigate. To
to that individual, it should be rushed Mr. GEKAS. Mr. Chairman, what we actually say ‘‘reason to investigate’’
to the FEC to determine whose money are trying to do here is to offer an al- whether or not something has hap-
it is and if it properly should be re- teration to the amendment so it will pened, rather than what is now in the
turned, and so I compliment the gen- conform to the Shays-Meehan sub- text, ‘‘reason to believe.’’
tleman on his amendment. stitute new ban on contributions by Mr. CAMPBELL. Mr. Chairman, I
Mr. Chairman, I yield such time as he minors which is already in the text. thank the gentleman from Pennsyl-
may consume to the gentleman from And we are trying to fit it in so that it vania for his explanation, and I with-
Massachusetts (Mr. MEEHAN.) will make sense. draw my reservation of objection.
Mr. MEEHAN. Mr. Chairman, this is Mr. CAMPBELL. Mr. Chairman, re- The CHAIRMAN pro tempore. Is
an amendment that would require the claiming my time, I appreciate the there objection to the request of the
FEC to expend its resources on inves- gentleman’s explanation. I was yield- gentleman from Pennsylvania?
tigating potentially a minor violation ing to give him a chance to explain if There was no objection.
at the expense of focusing some of its he wanted. The CHAIRMAN pro tempore. The
time on other resources. Mr. Chairman, I withdraw my res- amendment is modified.
I would just point out that I support ervation of objection. Mr. SHAYS. Mr. Chairman, I yield
the amendment, but I am a little con- The CHAIRMAN pro tempore. Is back the balance of my time.
cerned about the resources of the FEC, there objection to the request of the Mr. GEKAS. Mr. Chairman, with that
and I would hope that as we look down gentleman from Pennsylvania? we appear to accept everything, and I
the road when we give the FEC more There was no objection. yield back the balance of my time
responsibility that requires them, for The CHAIRMAN pro tempore. The The CHAIRMAN pro tempore. The
example, in this case to keep track of amendment is modified. question is on the amendment, as
these contributions, I hope that in the Mr. GEKAS. Mr. Chairman, I yield modified, offered by the gentleman
future we look to try to give the FEC myself such time as I may consume. from Pennsylvania (Mr. GEKAS) to the
not only the teeth it needs, but the re- Mr. Chairman, I understand the gen- amendment in the nature of a sub-
sources that they need in order to do tleman from Massachusetts (Mr. MEE- stitute No. 13 offered by the gentleman
their job and keep the laws that are on HAN) and the gentleman from Connecti- from Connecticut (Mr. SHAYS).
the books and enforce the laws that cut (Mr. SHAYS) are willing to accept The amendment, as modified, to the
will be on the books. the amendment. If that is the case, I amendment in the nature of a sub-
b
0020
will not ask for a recorded vote. I ac-
cept their acceptance, and they may
stitute was agreed to.
The CHAIRMAN pro tempore. It is
So, I certainly support the gentle- accept the acceptance that I accept the now in order to consider the amend-
man’s amendment and would like all of acceptance. ment No. 54 offered by the gentleman
us to keep in mind the importance of Mr. MEEHAN. Mr. Chairman, if the from Florida (Mr. MILLER).
fully funding the FEC in the future so gentleman would yield, there is a lot of It is now in order to consider the
that they can do not only their job on acceptance here. And we will accept amendment No. 55 offered by the gen-
this amendment, but their job in other the gentleman’s support on the final tleman from California (Mr. DOO-
amendments and enforcing the laws version of Shays-Meehan when we vote LITTLE).
that are on the books. on it Monday night. We will accept the Mr. FAWELL. Mr. Chairman, I rise in oppo-
Mr. GEKAS. Mr. Chairman, I do not gentleman’s support. sition to Section 501 of the Shays substitute
care to offer any more debate, but we MODIFICATION TO AMENDMENT NO. 53 OFFERED amendment to H.R. 2183, the Bipartisan Cam-
do need to do an amendment process to BY MR. GEKAS TO THE AMENDMENT IN THE NA- paign Integrity Act. Section 501, entitle ‘‘Codi-
conform the text to the sections that TURE OF A SUBSTITUTE NO. 13 OFFERED BY fication of Beck Decision,’’ does nothing to
are outlined in Shays-Meehan. MR. SHAYS
correct the current injustices in our federal
Mr. SHAYS. Mr. Chairman, I reserve Mr. GEKAS. Mr. Chairman, I ask labor law relating to the unions’ use of their
the balance of my time. unanimous consent that my amend- members hard-earned paychecks for political
MODIFICATION TO AMENDMENT NO. 53 OFFERED ment be modified pursuant to form B, and other purposes.
BY MR. GEKAS TO THE AMENDMENT IN THE NA- which is at the desk, which is another The Shays amendment is not a codification
TURE OF A SUBSTITUTE NO. 13 OFFERED BY conforming amendment to the Shays- of the Supreme Court’s 1988 Beck decision
MR. SHAYS Meehan language. relating to the use of union dues. First, Sec-
Mr. GEKAS. Mr. Speaker, I ask unan- The CHAIRMAN pro tempore. The tion 501 provides absolutely no notice of rights
imous consent to modify my amend- Clerk will report second modification to members of the union—it applies only to
ment pursuant to form A, which is at to the amendment offered by the gen- non-members. Second, Section 501 redefines
the desk. tleman from Pennsylvania (Mr. the dues payments that may be objected to,
The CHAIRMAN pro tempore (Mr. GEKAS). by limiting such to ‘‘expenditures in connection
SNOWBARGER). The Clerk will report The Clerk read as follows: with a Federal, State, or local election or in
the modification to the amendment of- Modification to amendment No. 53 offered connection with efforts to influence legislation
fered by the gentleman from Pennsyl- by Mr. GEKAS to the amendment in the na- unrelated to collective bargaining.’’ This defini-
vania (Mr. GEKAS). ture of a substitute No. 13 offered by Mr.
SHAYS:
tion not only infers that there may be other
The Clerk read as follows: types of political expenditures to which work-
Strike the phrase ‘‘reason to believe’’ and
Modification to amendment No. 53 offered ers cannot object—but it also ignores Beck’s
replace it with the phrase ‘‘reason to inves-
by Mr. GEKAS to the amendment in the na- holding that workers may object to any dues
tigate whether’’ in the one place where the
ture of a substitute No. 13 offered by Mr.
former phrase appears in the amendment. payments for any union activities not directly
SHAYS:
Strike the phrase ‘‘section 315, 316, 317, 319, The CHAIRMAN pro tempore. Is related to collective bargaining activities.
or 320’’ and insert in lieu thereof the phrase there objection to the request of the Mr. Chairman, if Congress is truly going to
‘‘section 315, 316, 317, 319, 320, or 325’’ in the gentleman from Pennsylvania (Mr. try to deal with the issue of organized labor
one place where the former phrase appears in GEKAS)? taking dues money from rank-and-file mem-
my amendment. Mr. CAMPBELL. Mr. Chairman, re- bers laboring under a union security agree-
Mr. GEKAS (during the reading). Mr. serving the right to object, I yield to ment—taking it without their permission and
Chairman, I ask unanimous consent the gentleman from Pennsylvania (Mr. spending it on causes and activities with which
that the amendment be considered as GEKAS) if he wishes to explain any fur- the workers disagree—then let us really deal
read and printed in the RECORD. ther. with it. Mr. SHAYs’ amendment is a fig leaf
The CHAIRMAN pro tempore. Is Mr. GEKAS. Mr. Chairman, I thank which falls woefully short of covering the prob-
there objection to the request of the the gentleman from California (Mr. lem.
gentleman from Pennsylvania? CAMPBELL) for yielding to me. The Shays amendment codifies a broken
Mr. CAMPBELL. Mr. Chairman, re- Mr. Chairman, what we are trying to system that allows unions to raid workers’ wal-
serving the right to object, I yield to do is to substitute the language that lets, forces workers to resign from the union,
July 30, 1998 CONGRESSIONAL RECORD — HOUSE H6851
requires workers to object—after the fact—to I remember the dead bodies of three civil served with an administrative subpoena
their money being removed from their pay- rights workers, who had been trying to register issued by the Federal Election Commission.
check, and then requires workers to wait for blacks to vote, being discovered on a farm Sincerely,
JOHN A. BOEHNER.
the union to rebate those funds, if they get near Philadelphia, Mississippi.
around to doing so. I remember James Meredith being wounded f
As Chairman of the Subcommittee on Em- by a white sniper as he walked in a voter reg-
ployer-Employee Relations, I have held six COMMUNICATION FROM STAFF
istration march from Memphis to Jackson.
hearings on this issue in the past four years. MEMBER OF HONORABLE JOHN
I remember poll taxes and literacy tests.
In each one, the Subcommittee has heard A. BOEHNER, MEMBER OF CON-
Mr. Speaker I remember voter intimidation
from worker after worker telling us about the GRESS
and have fought long and hard against it. This
one thing they wanted from their union—the debate belongs in 1960’s not in 1998, and it The Speaker pro tempore laid before
basic respect of being asked for permission is time to bury ideas like Representative WICK- the House the following communica-
before the union spent their money for pur- ER’s in the same grave with separate drinking tion from Barry Jackson, staff member
poses unrelated to labor-management obliga- fountains and making blacks sit at the back of of the Honorable JOHN A. BOEHNER,
tions. Yes, most of these employees were the bus. This legislation is simply another at- Member of Congress:
upset over finding out their head-earned dol- tempt to appeal to mainstream sensibilities WASHINGTON, DC, July 28, 1998.
lars were being funneled into political causes while ignoring the realistic and historically Hon. NEWT GINGRICH,
or candidates they did not support. However, based fears of Black Americans. Speaker of the House,
these employees supported their union and Having both grown up in Mississippi, Rep- U.S. House of Representatives,
still overwhelmingly believe in the value of or- Washington, DC.
resentative WICKER and I obviously have had DEAR MR. SPEAKER: This is to notify you
ganized labor. A number of them were stew- universally different experiences, but the pursuant to L. Deschler, 3 Deschler’s Prece-
ards in their union. All they want is to be able things I remember make it impossible for me dents of the United States House of Representa-
to give their consent before their union spends to support this amendment. It would be a slap tives ch. 11 § 14.8 (1963), that I have been
their money on activities which fall outside col- in the face of the civil rights pioneers who served with an administrative subpoena
lective bargaining activities and which subvert risked their lives, were beaten and murdered issued by the Federal Election Commission.
their deeply held ideas and convictions. in cold blood to protect both my right to vote Sincerely,
As our six hearings demonstrated, individ- and Representative WICKER’s. BARRY JACKSON.
uals attempting to exercise their rights under
current law often face incredible burdens, in-
Mr. SHAYS. Mr. Chairman, may I be f
clear that all amendment have been
cluding harassment, coercion, and intimida- dealt with under Shays-Meehan? GENERAL LEAVE
tion. The current system is badly broken and The CHAIRMAN pro tempore. That is Mr. METCALF. Mr. Speaker, I ask
it is Congress’ responsibility to fix it—not to le- the Chair’s understanding. unanimous consent that all Members
gitimize it by adopoting the Shays amend- Mr. SHAYS. Mr. Chairman, I move may have 5 legislative days within
ment. I urge Members to join me in opposing that the Committee do now rise. which to revise and extend their re-
Section 501’s sugar-coated placebo and enact The motion was agreed to. marks and include extraneous material
meaningful reform on behalf of union workers. Accordingly, the Committee rose; on H.R. 4237.
Mr. THOMPSON. Mr. Chairman, I rise in and the Speaker pro tempore (Mr. The SPEAKER pro tempore. Is there
strong opposition to the amendment by Rep- GEKAS) having assumed the chair, Mr. objection to the request of the gen-
resentative ROGER WICKER. Much like the SNOWBARGER, Chairman pro tempore of tleman from Washington?
standard bearers to long dead civilizations, There was no objection.
the Committee of the Whole House on
Representative WICKER’s amendment illus-
trates the same antiquated belief that there
the State of the Union, reported that f
that Committee, having had under con-
should be hurdles that citizens must clear in COMMITTEE ON HOUSE OVER-
sideration the bill (H.R. 2183) to amend
order to exercise their Constitutionally guaran- SIGHT, COMMITTEE ORDER NO.
the Federal Election Campaign Act of
teed right to vote. Land owners. Male. Cauca- 42, UNIFICATION OF THE MEM-
1971 to reform the financing of cam-
sian. One by one the spirits of freedom and BERS’ REPRESENTATIONAL AL-
paigns for elections for Federal office,
democracy have worked against other mis- LOWANCE ADOPTED ON JULY 30,
and for other purposes, had come to no
guided attempts to disenfranchise certain 1998
resolution thereon.
American voters, and it is my hope that they
will prevail here today. f The SPEAKER pro tempore. Under a
previous order of the House, the gen-
There is an old saying that states, ‘‘Those
who cannot remember the past are con- COMMUNICATION FROM HONOR- tleman from California (Mr. THOMAS) is
demned to repeat it.’’ ABLE JOHN A. BOEHNER, MEM- recognized for 5 minutes.
Well, Mr. Speaker I remember. BER OF CONGRESS Mr. THOMAS. Mr. Speaker. I submit a com-
I remember the days when African Ameri- mittee order from the Committee on House
cans in Mississippi sat cowering in their The Speaker pro tempore laid before Oversight.
homes on election day because they were too the House the following communica- Resolved, That pursuant to 2 U.S.C. § 57 and
afraid to go to the polls. tion from JOHN A. BOEHNER, Member of 2 U.S.C. § 59e, the Committee hereby orders
I remember when men like Medgar Evers Congress: that:
and Vernon Dahmer were murdered in cold WASHINGTON, DC, July 28, 1998. SEC. 1. Effective January 3, 1999 the
blood because they realized the importance of Hon. NEWT GINGRICH, amount available within the Members’ Rep-
Speaker of the House, resentational Allowance for franked mail
voting and tried to impress their convictions
U.S. House of Representatives, with respect to a session of Congress shall
onto other African Americans in Mississippi. Washington, DC. not be limited by subsection (b) of Commit-
I remember the two youths wounded by DEAR MR. SPEAKER: This is to notify you tee Order No. 41.
shotgun blasts fired through the window of a pursuant to L. Deschler, 3 Deschler’s Prece- SEC. 2. The Committee on House Oversight
home in Ruleville, Mississippi where they were dents of the United States House of Representa- shall have the authority to prescribe regula-
planning ways to register blacks to vote. tives ch 11, § 14.8 (1963), that I have been tions to carry out this resolution.
Congressional Record
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105 th CONGRESS, SECOND SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 144 WASHINGTON, THURSDAY, JULY 30, 1998 No. 105

Senate
EMERGENCY FARM FINANCIAL Nino, fire, and other natural disasters Since there is no cost factor in-
RELIEF ACT to begin considering and receiving volved, it just gives authority for this
Mr. LOTT. Mr. President, I ask unan- emergency transition payments that to be moved forward.
imous consent that the Agriculture they are entitled to under the Freedom Mr. DASCHLE. Mr. President, reserv-
to Farm Act. As a matter of fact, I un- ing the right to object again, I was con-
Committee be discharged from further
derstand that it will allow them to get sumed, I guess, in assisting the chair-
consideration of S. 2344, and that the
these benefits in October rather than man of the Defense Appropriations
Senate proceed to its consideration.
having to wait until January. I did it Subcommittee in working down the
The PRESIDING OFFICER. The
for a reason. amendments. We have been working on
clerk will report.
If we don’t get it resolved before we that tirelessly all day. The majority
The legislative clerk reported as fol-
get to a final vote, then objections leader and I have worked throughout
lows:
later on tonight would make it impos- the day on a number of issues. Not
A bill (S. 2344) to amend the Agricultural once did he raise this issue with me.
sible for us to get any consideration.
Market Transition Act to provide for the ad-
vance payment, in full, of the fiscal year 1999
If the Senator would indicate to me That explanation would have been wel-
payments otherwise required under produc- that there is some idea that we could comed, would have been appreciated 5
tion flexibility contracts. get this agreed to tonight, I would be minutes ago, a half hour ago, 2 hours
glad to work with him like I always do. ago. But he surprises me at this hour
The PRESIDING OFFICER. Is there
But the timing was such that we have after we cooperated all week on an
objection to the immediate consider-
to do it now in order to get it consid- array of issues working over these ap-
ation of the bill?
ered, or it could be objected to after propriations bills amendment after
Mr. DASCHLE addressed the Chair.
Senators have gone, and we would not amendment. And I guess it is very,
The PRESIDING OFFICER. The mi-
get it completed. very disappointing to me.
nority leader is recognized.
I am trying to complete action so I ask unanimous consent that an
Mr. DASCHLE. Mr. President, reserv-
that we can go through a long list of amendment that would provide $500
ing the right to object, I thought the
Executive Calendar nominations, so million in indemnity payments to
majority leader and I were working on farmers and that was passed unani-
that we could complete some more of
this. I am a little bit surprised he has them tomorrow. If we don’t do these mously on the Senate floor during the
chosen to call it up right now. We can two issues now, they are basically gone debate on the agricultural appropria-
object. But I would prefer that we con- until September. tions bill be attached to the bill that is
tinue to see if we can’t resolve this I thought that—I understood there now under consideration, and for which
matter. We have been cooperating all was an objection, but that we had the majority has asked unanimous con-
night. worked through that, and that we sent.
I guess I expected a little more recip- would not have any problem in getting Would he accept that addition to the
rocation on the other side. I am dis- this cleared. bill? Because, if he would, I am sure
appointed that I was surprised in this I had talked to Senators on your side then that we could accommodate the
manner, and at this hour under these of the aisle that have agriculture inter- majority leader and those who wish to
circumstances it is uncalled for. ests that indicated they would not ob- pass this, as it was a surprise to the
Mr. LOTT. Mr. President, I think the ject to this. rest of us.
Senator would like to withhold that If there is some problem that we Mr. LOTT. Mr. President, this comes
last comment about it being uncalled could resolve right quick, I would be as no surprise to Senators interested in
for. I don’t do this lightly. glad to withhold. But we need to try to agriculture on either side of the aisle.
Mr. DASCHLE. I was not informed get this resolved, because it is some- In fact, I did bring this subject up to
this was going to happen. thing that is very important timewise Senator DASCHLE earlier today, stand-
Mr. LOTT. I did it for a reason. to the Department of Agriculture and ing right there.
Mr. President, if I could respond to to the farmers that have been affected By the way, I have been working on
the Senator’s comments, this is not a by drought. amendments and Executive Calendar
controversial issue. This is an issue We have worked this year on both items while we have been having these
that I am sure that all agriculture sides of the aisle on the agriculture ap- last few votes. I have been talking to
Members would very much like for us propriations bill to get considerations Senators on both sides of the aisle
to get resolved. There is no budget im- for farmers that have been impacted by about nominations. I talked to Senator
pact. All it does is say that this allows these disasters. This is just one way to DORGAN who I know confers with Sen-
farmers suffering from drought, El do that. ator DASCHLE all the time about this

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

S9413

.
S9414 CONGRESSIONAL RECORD — SENATE July 30, 1998
particular unanimous consent request ability, the knowledge that they would more especially, when the very subject
within the hour. have this as a tool. that Senator DASCHLE indicated is al-
I don’t believe there is anybody on ei- Now, I can’t tell you what we are ready in the Agriculture appropria-
ther side of the aisle surprised by this. going to do in September with the $500 tions bill.
Mr. DASCHLE. I am one. million that was referred to by the dis- As a matter of fact, I think if we fund
Mr. LOTT. As a matter of fact, we tinguished Democratic leader. That is it now, you could make the argument
just discussed it a moment ago. a place hold, and it is sitting there, and that later down the road, in regard to
If the Senator wants to object, he can as we go through the situation of judg- disaster assistance, there would not be
go ahead and object. I think the impli- ing what is happening with adverse any more forthcoming. I apologize if it
cation here is that there is some sin- weather all around the country—in is my fault, if in fact I was supposed to
ister effort here. And it is certainly not Texas, Oklahoma, Florida, Georgia, run the trap line and I didn’t run all
true. This is something that is very South Carolina, and the Northern the traps. I am sorry, but I just did not
noncontroversial. I don’t know of any Plains certainly—perhaps that number anticipate that this would be this
problem with it. I can’t imagine why will change. We can take a look at it at much of a problem.
any Senator would object to it. that particular point. Mr. DASCHLE. Mr. President, reserv-
Mr. HARKIN. Will the Senator yield? As a matter of fact, I was just going ing the right to object, we can play
Mr. ROBERTS. Will the majority to give to all the distinguished Sen- these games all night long, and there
leader yield? ators from the Dakotas a proposal that are a lot of people who are tired. This
Mr. LOTT. With regard to his unani- isn’t the way to end what I thought
I have had in regard to crop insurance
mous consent request, I have no idea of was a fairly productive week.
and see maybe if the $500 million could We are not going to object. Let’s just
the ramifications of the unanimous
be increased somewhat and funneled quit playing these kinds of games.
consent request he just asked. I don’t
through crop insurance to answer these Let’s just get on with it. Let’s pass it.
know what is involved there. We al-
indemnity payment questions that But let’s all be aware of what we have
ready passed the agriculture appropria-
have been raised. done.
tions bill. There was action taken on But for goodness’ sake, to object to
that particular item. You and I have a good relationship.
this at this particular time—to give We ought to keep it that way. I don’t
I would not be able to agree to that
farmers the advance news that this is, like being dealt with this way. I will
at this point without checking with
as a matter of fact, on the table, that accept it this time, but I wish we would
Senators that have been involved in
they can expect this, that they have work in the manner in which we have
that legislation with that amendment.
So there is no need in holding up the some consistency, some idea of what is been working all week.
Senate any further. If the Senator coming—I think is very untoward. This is a very serious, important
More to the point, I think it has been issue. There are a lot of political rami-
wants to object, he can do so.
I am going to also ask unanimous agreed to in a tremendous bipartisan fications, and we can play the political
consent that he go ahead and move on effort in the House and, I had thought, game. The fact is that there are a lot of
the H–1B issue which has been worked in this as well. people out there who want some help.
out previously in conference by both Now, I understand that people per- This is going to be a little help. I wish
sides of the Capitol by both parties. haps don’t get the word on each and we could pass the indemnity payment
This is an issue that we need to get re- every occasion, but I cannot imagine tonight. I don’t see why we could not.
solved. anybody objecting to this knowing full The fact is that we would pass it unani-
I thought that we had a reasonable well in September we will get to the mously, and that would be new money,
resolution of the issue. $500 million that the distinguished Sen- $500 million in new money. I wish we
Mr. DASCHLE. Mr. President, I sug- ator has mentioned. I would certainly could do that just as easily as we are
gest the absence of a quorum. urge that we not object to this, we give going to agree to pass this thing that
The PRESIDING OFFICER. The ma- the farmers a very clear signal, and we isn’t going to mean that much. But we
jority leader has the floor. get on with the business. will pass it.
Mr. ROBERTS. Mr. President, will Mr. LOTT. Will the Senator respond But I must say, we shouldn’t be doing
the majority leader yield? to a question? it this way. I have been here all night.
Mr. LOTT. I would be glad to yield. Mr. ROBERTS. I would be delighted I haven’t left the floor. Somebody
Mr. ROBERTS. Mr. President, the to respond if I can. could have come to me to say, look, we
basic reason I think this is so impor- Mr. LOTT. I believe the Senator from want to do this. Instead, what has hap-
tant is that the other body, the House, Kansas has been working on this issue. pened is that this was sprung on me.
is going to pass this very same bill, and He knew we were trying to get it Now, you don’t have to apologize. No-
cleared tonight. I made a specific call body has to apologize. It just isn’t the
all it is, is one of the many steps that
to him to contact Senators on both way we ought to do business.
we need to consider and hopefully pass So, Mr. President, we don’t object.
in regard to growing problems we are sides of the aisle and discuss this issue.
Mr. LOTT. Mr. President, I appre-
experiencing in farm country. I assumed that he was doing that. I had
ciate the fact the Senator did not ob-
There was a great deal of press last the impression that it had been—any
ject.
week about the intention of the House holds or objections had been cleared. Mr. HARKIN. Reserving the right to
to provide something called ‘‘advanced Did it come as surprise to the Sen- object—I will reserve the right to ob-
transition payments.’’ All that does is ator? Does the Senator think it came ject. Is this unanimous consent on ad-
provide the farmer an opportunity for a as a surprise? vancing AMTA payments? Is that what
voluntarily decision which he can Mr. ROBERTS. I am always pleased, is before the body right now?
make as to whether or not he can ac- if I can respond to the majority leader, Mr. President, parliamentary in-
cept next year’s transition payments to be Garcia and run the trap lines for quiry. What is the unanimous consent
this year. anything that could be proposed by the before the Senate right now?
It means a considerable amount of Senator and the distinguished leader of Mr. LOTT. Mr. President, if I could
money. And if we are able to pass the the minority. I have checked with a respond, it is unanimous consent that
Farm Savings Account that Senator great many Senators. I thought it was the Agriculture Committee be dis-
GRASSLEY has introduced, it will be of pretty much common knowledge. I charged from further consideration of
tremendous cash flow assistance. have checked with the chairman of the S. 2344, which is a bill that allows
I thought it was not controversial. Subcommittee on Ag Appropriations, farmers who are suffering from the
Since the House is going to pass it next the distinguished chairman of the Sen- drought to begin receiving emergency
week, since the House is out of session, ate Agriculture Committee, checked transition payments that they are en-
it made a lot of sense, it seemed to me, with Senator DORGAN, checked with titled to in October instead of having
and many others, for us to deem it Senator CONRAD, and checked with oth- to wait until January.
passed, or to pass it. ers. I could go down the list. But I just Mr. HARKIN. I would ask the pro-
Farmers would then have, under the did not anticipate that there would be ponents, I would ask the majority lead-
banner of consistency and predict- an objection, and so consequently—or, er then, is this the unanimous consent
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9415
that would reopen the 1996 farm bill? ment. We cooperated with Senator The PRESIDING OFFICER. The ma-
Because the farm bill stipulates that a COCHRAN in getting it in the agri- jority leader is recognized.
farmer could get half of the payment if culture bill. We are going to go to con- Mr. CONRAD. No, no, I have reserved
he wanted to in December or January ference right soon. We think that will the right to object. I just say this: My
and could get the other half the next be in the new fiscal year. You talk name was raised as having been con-
September. about immediacy of payment? We hope sulted; I haven’t been consulted. I was
That was in the farm bill. As I under- that will be available by late this year not consulted. So, when my name is
stand it, this then changes what the to deal with some of these agricultural raised on the floor of this body and it
farm bill provides. Is that correct? problems. has been said publicly that I was con-
Mr. LOTT. It says, as I understand it, But I must say, it has not been sulted, that is not the case. In fact, I
that they would get the same amount shaped to my satisfaction. Senator heard a rumor that this was occurring
they would get either way. They would CONRAD and I have talked about how and went to another Member.
just get it earlier in the year instead of we would work within the conference I am just saying, in terms of the way
later in the year so they could begin to to make sure that it is a legitimate ap- we treat each other here, this is not
deal with the problems that they have proach toward a true disaster environ- quite the way it ought to be done. I
had to face as a result of disasters. ment. This is a broader approach that would hope we would truly work to-
Mr. HARKIN. Further reserving the deals with more farmers. gether to advance the interests of our
right to object then, this then would The definition under which Senator farmers who, in many parts of our
undo some of the provisions that were CONRAD and I shaped that—he being country, are, indeed, financially trou-
in the 1996 farm bill, because it changes the primary author—dealt with double, bled.
the dates and circumstances under back-to-back disasters. It is narrower There is no question this proposal is
which the farmer could get the AMTA by scope. We may want to adjust that of some help. It is no new money, but
payment, as it is called. some. I would not think tonight we it is of some assistance.
I understand that some people want would want to just accept it as it was But I couldn’t be silent when it is
to do that and they want to reopen the originally crafted with its narrowness. suggested people came and consulted
farm bill. That is fine. But I would re- The problem is already much larger with us. That did not happen. The
mind my colleagues that a couple of today than when we passed it, by char- Democratic leader is precisely right;
weeks ago we offered an amendment to acter of the drought and heat in Texas there was no consultation, at least
take the caps off the commodity loan and in other States. It is already with this Senator.
rates. For a typical Iowa farmer with broader. We will want to look at that Mr. LOTT. We are late in the hour. I
500 acres of corn that amendment again. see a number of Senators from farm
would have put about $20,000 of addi- It is not that I am objecting. I am States who would like to speak, per-
tional income in the farmer’s pocket saying I think we will be working to- haps, on this.
this fall. Not only does this bill involve gether in the conference of the Ag Senator HUTCHISON, I know her State
significantly less money for that farm- approps to make that a viable approach of Texas has been affected by the
er, but it only advances money that he as we originally thought it ought to be. drought. Is this a matter that would be
is already going to get anyway. As far Mr. LOTT. Let me ask Senator helpful in your State of Texas?
as increasing income to the farmer, CRAIG, if he would respond, do you Mrs. HUTCHISON. Mr. President, if
this bill doesn’t do a darned thing. think this bill, which is very limited, we let the perfect be the enemy of the
What we need to do is to get the in- with no budget impact, would, at any good, we are going to let a lot of people
demnity payments through that Sen- rate, still provide some help quicker to down who are in desperation right now.
ator DASCHLE is talking about, $500 the farmers who had been affected by This is a good bill. I think the debate
million. There are a lot of farmers out these disasters? can be legitimately waged, but, please,
there who are hurting very badly. I Mr. CRAIG. There is no question it at this late hour, as we are leaving for
have to tell you, there is a crisis in ag- does. Is it something new? No. Is it ad- a month, do not fail to let us have this
riculture today. Farmers have been vanced? You bet it is. When the crops relief. These farmers can get credit if
devastated by bad weather, by crop dis- dried out in the field and the banker they can get that payment moved up.
ease in the Upper Midwest, and espe- wants you to pay your bills and you It is no new money. But they need this
cially in the Dakotas. can pay them sooner than later, then it help. This will help my State, which is
We can pass the $500 million for in- is a big help. This is not opening up the most drastically affected at this
demnity payments tonight. Why don’t Freedom to Farm. This is advancing a point with this drought.
we pass that measure by unanimous payment that is already built within I urge you, for whatever other rea-
consent right now to get that $500 mil- that structure. That is why there is the sons it may not have been handled
lion in indemnity payments out to budget impact about which the major- right, let this unanimous consent go
farmers immediately? Why can’t we do ity leader spoke. through. It will be to everyone’s bene-
that? I hope we can work together to re- fit who has a stake here. Let’s work
I ask the majority leader, why can’t solve this, as we thought we had, so out the other problems when we can.
we pass that? that this can move forward this week We are going into a month recess.
Mr. LOTT. Mr. President, this is a to deal with the problems that are very Mr. LOTT. Let me say again, Mr.
bill that has been offered. It provides current in our agricultural sector. President, when you get to the end of a
help now. I know no Senator would Mr. LOTT. Mr. President, I renew my period of time like this, when you are
want to delay that help that they were unanimous consent request. fixing to go on a recess for an extended
going to get anyway. We just get it Mr. CONRAD. Reserving the right to period of time, there are a lot of bills,
earlier. This is a bill that is going to object. there are a lot of issues we are dealing
pass the House next Monday, probably The PRESIDING OFFICER. Objec- with, a lot of nominations we are try-
unanimously, which would provide tion is heard. ing to clear.
some more immediate help to these Mr. CONRAD. Mr. President, reserv- I am either going to have to do it
farmers. ing the right to object, and I will not now or later tonight or tomorrow,
There is no effort to play games here. object—but I do object to what has oc- when everybody else is gone. We
This is an effort to provide some help curred here, in terms of the way we are wouldn’t have been able to get this
to the farmers who need it as soon as dealing with each other. cleared, probably, tomorrow. But by
they can possibly get it. That is all When I worked to put together an in- doing it now, I think everybody will re-
there is to it. The idea we are playing demnity plan, I went to Members on alize that this is something that will
games here—I will be glad to yield to the other side and I consulted with ev- help. It is not that controversial, and
the Senator from Idaho. eryone. On this matter, there was no we can get it done and we can move on
Mr. CRAIG. Mr. President, I had the consultation. to the recess and feel like we did some-
privilege of working with Senator Mr. LOTT. Mr. President—did we not thing here that will be helpful. We will
CONRAD on crafting the indemnity pay- have conversations with Senators? have other opportunities before the
S9416 CONGRESSIONAL RECORD — SENATE July 30, 1998
year is out to provide more help as we farmers to get some help from that Mr. LOTT. Mr. President, I ask unan-
go through the conference. provision earlier. imous consent that when the Senate
Mr. DORGAN. Mr. President, reserv- Mr. LOTT. I yield to the Senator receives the House bill relative to H–

f
ing the right to object. from Georgia. 1B, the text of which I send to the
Mr. LOTT. Mr. President, I know Mr. COVERDELL. Mr. President, I desk, the bill be deemed agreed to and
there are a lot of Senators on their have just returned from a disaster area the motion to reconsider be laid upon
feet, but in an effort to try to be fair in our State. It is the most emotional the table. I further ask that if the text
before I move for regular order, I am difficulty, I believe, with which I have of the House-passed bill is not identical
going to withhold so the Senator from ever dealt. And I have dealt with a to the text just sent to the desk, then
North Dakota can comment and then 1000-year flood and a 500-year flood. the House bill will be appropriately re-
the Senator from Georgia, and then I Back-to-back crises like this are enor- ferred.
will ask for the regular order. mous. Mr. DASCHLE. Mr. President, there
Mr. DORGAN. I do not intend to ob- I heard the exchange between the are objections on our side.
ject. I have no quarrel with this provi- majority and minority leaders. I under-
sion that is being proposed tonight. stand the tensions of the day. I appre-
Mr. LOTT. Didn’t I call the Senator ciate the minority leader, in deference DEPARTMENT OF DEFENSE
and ask if there was a problem? to the issue involved, removing his APPROPRIATIONS ACT, 1999
Mr. DORGAN. You did call within the right to object. I appreciate that. The Senate continued with the con-
last hour or so. I indicated to you there That removal of an objection will sideration of the bill.
was no problem with this provision, lead to the movement and option of Mr. LOTT. Mr. President, I believe
and I do not object to this provision. farmers, in many States, to relieve we are ready to go to final passage of
But I do want to make the point that their cash flow problem. They have an the defense bill.
the Senate has debated and passed an equity problem. The proposal that the Mr. STEVENS. I ask we proceed with
emergency provision calling for $500 minority leader has mentioned, about the unanimous consent agreement.
million of indemnity payments. That is the $500 million, and others, is some- The PRESIDING OFFICER. The
the only new money available. It is the thing for the broader issue. There are question is, Shall the bill, H.R. 4103, as
only new money around in the appro- many issues we are going to have to amended, pass? On this question, the
priations process. If it is completed by bring to the table to deal with this cri- yeas and nays have been ordered. The
October 1, then perhaps we may get sis. That is one idea. It is probably not clerk will call the roll.
money into the pockets of some farm- near enough. It wouldn’t take care of The assistant legislative clerk called
ers. We have seen prices collapse even Georgia and South Carolina, much less the roll.
further in recent weeks. It may get Alabama and Texas and the Mid- Mr. NICKLES. I announce that the
money into the hands of some farmers, western States. Senator from North Carolina (Mr.
perhaps in October—unlikely—perhaps We do have a major issue in front of HELMS) is absent because of illness.
November, maybe December. us dealing with food and fiber and the I further announce that, if present
My proposition is that to the extent Nation’s security. I hope we could pro- and voting, the Senator from North
that we have already debated this sub- ceed this evening with that which does Carolina (Mr. HELMS) would vote
ject, the Senate, by 99 to nothing, has not require new funds and it is simply ‘‘aye.’’
said we have an emergency in farm a logistical and administrative deci- The PRESIDING OFFICER. Are there
country. They have already passed a sion that will move money more rap- any other Senators in the Chamber de-
$500 million indemnity payment pro- idly. siring to vote?
gram. It makes eminent good sense to I say to the leader, I appreciate the The result was announced—yeas 97,
me that we would be able to pass that chance to speak on this. Again, I thank nays 2, as follows:
indemnity program this evening and the minority leader for removing his [Rollcall Vote No. 252 Leg.]
move it to the House. Does the House objection. YEAS—97
want to deal with it? I don’t know. But Mr. LOTT. Mr. President, I ask unan- Abraham Faircloth Lugar
they won’t have an opportunity to deal imous consent that the bill be consid- Akaka Feinstein Mack
ered read the third time and passed; Allard Ford McCain
with it in any timely way if we don’t Ashcroft Frist McConnell
proceed. that the motion to reconsider be laid Baucus Glenn Mikulski
I have no objection at all to what the upon the table; and that any statement Bennett Gorton Moseley-Braun
Senator is requesting. I simply ask relating to the bill appear at the appro- Biden Graham Moynihan
priate place in the RECORD. Bingaman Gramm Murkowski
that he consider, and we consider, tak- Bond Grams Murray
ing the $500 million we have already de- The PRESIDING OFFICER. Is there Boxer Grassley Nickles
cided upon and see if we can’t move objection to the request? Without ob- Breaux Gregg Reed
that to the hands of family farmers, jection, it is so ordered. Brownback Hagel Reid
The bill (S. 2344) was considered read Bryan Harkin Robb
many of whom are desperately Bumpers Hatch Roberts
the third time and passed, as follows: Burns Hollings Rockefeller
strapped for cash.
S. 2344 Byrd Hutchinson Roth
As soon as the Senator has completed Campbell Hutchison Santorum
getting his unanimous consent and as Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in Chafee Inhofe Sarbanes
soon as I am able to get the floor, I in- Congress assembled,
Cleland Inouye Sessions
tend to ask unanimous consent the Coats Jeffords Shelby
SECTION 1. SHORT TITLE. Cochran Johnson Smith (NH)
Senate will proceed to the bill provid- This Act may be cited as the ‘‘Emergency Collins Kempthorne Smith (OR)
ing the $500 million of agriculture in- Farm Financial Relief Act’’. Conrad Kennedy Snowe
demnity payments, which was agreed SEC. 2. SPECIAL RULE FOR FISCAL YEAR 1999 Coverdell Kerrey Specter
PAYMENT UNDER PRODUCTION Craig Kerry Stevens
to as an amendment to the agricultural D’Amato Kohl Thomas
FLEXIBILITY CONTRACTS.
appropriations bill, and the bill be read Daschle Kyl Thompson
Section 112(d) of the Agirucltural Market
a third time and passed, and the mo- Transition Act (7 U.S.C. 7212(d)) is amended
DeWine Landrieu Thurmond
tion to reconsider be laid upon the Dodd Lautenberg Torricelli
by adding at the end the following: Domenici Leahy Warner
table. ‘‘(3) SPECIAL RULE FOR FISCAL YEAR 1999.— Dorgan Levin Wyden
If someone objects to that, fine. But Notwithstanding the requirements for mak- Durbin Lieberman
I hope they would not object to it. We ing an annual contract payment specified in Enzi Lott
will not object to this. I think this may paragraphs (1) and (2), at the option of the
NAYS—2
help. I hope you will not object to that, owner or producer, the Secretary shall pay
the full amount (or such portion as the Feingold Wellstone
because I know it will help. It would
owner or producer may specify) of the con- NOT VOTING—1
help in a more timely way than will be tract payment required to be paid for fiscal
the case if we wait until after recess, Helms
year 1999 at such time or times during that
and farmers have to wait until Novem- fiscal year as the owner or producer may The bill (H.R. 4103), as amended, was
ber or December. Perhaps we can help specify.’’. passed.
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9417
(The text of the bill will be printed in ward on advance payments for this posal was turned down by the Repub-
a future edition of the RECORD.) ‘‘freedom to fail’’ bill, which is just an lican Party—unwilling to do it. We
The PRESIDING OFFICER. Under admission what an awful piece of legis- were more than willing to help out a
the previous order, the Senate insists lation it was on our side. In addition, little bit with moving forward on the
on its amendment, requests a con- we could have gotten a $500 million in- advance payments. No reciprocation or
ference with the House, and the Chair demnity payment out to farmers. cooperation on the other side in get-
appoints the following conferees. People are asking, when are we going ting the $500 million out to people
The Presiding Officer appointed Mr. to see this assistance? People are right now.
STEVENS, Mr. COCHRAN, Mr. SPECTER, thinking about a lifetime of 2 months I don’t think it will be very easy to

f
Mr. DOMENICI, Mr. BOND, Mr. MCCON- or 3 months. explain to people why we are waiting
NELL, Mr. SHELBY, Mr. GREGG, Mrs. I hear this discussion that we need to another month. I don’t know whether
HUTCHISON, Mr. INOUYE, Mr. HOLLINGS, take a broader view, it needs to go over we should have even left. It is sort of
Mr. BYRD, Mr. LEAHY, Mr. BUMPERS, to the House, and we need to work it in interesting to me, a bitter irony. Now
Mr. LAUTENBERG, Mr. HARKIN, and Mr. conference committee, and we haven’t we are gone. We probably shouldn’t
DORGAN, conferees on the part of the had a chance to meet yet in conference have gone. We probably shouldn’t be
Senate. committee. Do you know how ridicu- going into recess.
The PRESIDING OFFICER. Under lous that sounds to the people whom How do you say to people, well, it
the order, S. 2132 is indefinitely post- we represent? will be in a conference committee and
poned. Mr. President, I will just say I don’t we haven’t quite got that together and
think it is just that simple. Obviously, we just didn’t want to do it tonight be-
I am not going to change the course of cause there are some things that I am
UNANIMOUS CONSENT REQUEST— events tonight. not satisfied with as a Senator and I
S. 2344 My colleague from Iowa came out would like to work on that longer?
Mr. DORGAN. Mr. President, as I in- here earlier and spoke about this. The future is now for people. Time is
dicated to the majority leader, it is my First, the minority leader asked not neutral. We could have passed
intent to ask unanimous consent that whether or not we also could have something which would have provided
the Senate proceed to the bill which unanimous consent to get this indem- $500 million to farmer families that are
provides $500 million in agricultural in- nity payment out to the countryside, in real trouble, and we didn’t do it. I
demnity payments which was agreed to out to families in rural America. Then am embarrassed that we are going into
as an amendment to the agricultural the Senator from Iowa spoke about it. recess. I am embarrassed that the U.S.
appropriations bill, and the bill be read Then the Senator from North Dakota Senate blocked this. I am embarrassed,
the third time and passed, and the mo- comes to the floor, after we have specifically, that my Republican col-
tion to reconsider be laid upon the agreed to go forward—fast forward the leagues blocked it.
table. advance payments was just fine with I didn’t get a chance to talk earlier
Mr. GREGG. I object. this Freedom to Farm bill. And now we because the majority leader tried to
The PRESIDING OFFICER. The ob- come out and the Senator from North move things along, said he would rec-
jection is heard. Dakota asks unanimous consent that ognize two Senators, and the Senator
Mr. WELLSTONE. Mr. President, I we get the $500 million—when did we from Georgia was the last Senator. So
heard on the other side of the aisle a pass that? I ask my colleagues. now I get to speak. I think it is just
chorus of ‘‘I object.’’ I am not quite Mr. DORGAN. Almost a month ago. outrageous.
sure why. Mr. WELLSTONE. A month ago. We I yield the floor.
I was on a show this morning, WCCO get this out now, over to the House of The PRESIDING OFFICER. The Sen-
Radio, in Minnesota. It is hard to ex- Representatives; they take action this ator from North Dakota.
plain to farmers why we can’t take the week or next week; and then we get the Mr. DORGAN. I simply wanted to
action right now on the indemnity pay- assistance out to farmers. make the point that the reason I asked
ment, the $500 million. We passed it. And what I hear on this side is this the unanimous consent request really
The correction would be made later on, chorus of ‘‘No,’’ and then everyone has nothing to do with the request by
but we can get assistance to farmers leaves. With all due respect, it is not others to advance the Agriculture Mar-
right now. that simple. I want the farmers in Min- keting Assistance Act, or AMTA pay-
Why can’t we send this over to the nesota and I want the farmers across ments as they are called, under the
House? I say to my colleagues. the country to know that there was an Freedom to Farm bill. I didn’t object
Mr. CRAIG. Will the Senator yield? effort made tonight to get some addi- to that. If that will help a producer
Mr. WELLSTONE. I am pleased to tional help to people above and beyond here and there, that is good. Anything
yield. these advance payments, which will that helps gets assistance into the
Mr. CRAIG. I helped craft that in- help only a little. pockets of family farmers, I am for
demnity payment. It is very important It is a desperate situation. Many peo- that. So I didn’t object to that. I told
we do work with the House. Senator ple are going to go under over the next folks this evening I wouldn’t object to
CONRAD, I, and others, deserve to go to several months. There was an effort to- that.
conference. Senator DORGAN was a part night to get $500 million passed, over to But, this is not new money at all.
of that. the House, and out to farmers all This is just a payment that they are
I can understand a rush to imme- across the country, especially in those supposed to get later on. Now, they
diacy. That is in the next fiscal cycle. areas that have been hardest hit. And might get this payment earlier or at
I think it is important we deal with it my colleagues on the other side said least they will have the option to get it
in a fair and balanced way. As it is no. And they are gone. earlier.
written, already the circumstances of I will be willing to yield in 1 second. I was thinking about the farmer who
agriculture have changed significantly I would like to speak a little bit more testified yesterday at our farm policy
enough. We deserve to look at it in a about this for another 3 minutes. It is hearing. This was young fellow from
broader spectrum. not that simple. I will just say to my South Dakota who testified. When he
We, the Senate, tonight acted to colleagues on the other side, I see that talked about putting the crop in this
bring some immediacy to the difficulty it is late at night, but I will just say to spring, he could barely continue. His
you are expressing. There may be more them, it is not as simple as saying no. chin was quivering, and he had tears in
to be done in the coming weeks as this You said no to a proposal, to an effort his eyes. He talked about having to
whole difficulty with production agri- to get assistance to people now. We find something on his farm to sell in
culture increases across our country. could have done it. We have done it. order to get the money together to put
Mr. WELLSTONE. Mr. President, let I think the RECORD should be very in his crop. Then things went bad for
the RECORD show I am speaking for clear. I want every single farm family him and he was out of money again. He
myself, but let the RECORD show that in northwest Minnesota that is in des- had to sell some of the feed for his cat-
there was no objection to moving for- perate shape to know that this pro- tle that he put aside for this winter. He
S9418 CONGRESSIONAL RECORD — SENATE July 30, 1998
didn’t have any money. He talks about chinery. You can see the pain being to work together. That did not happen
the need to feed his kids, the need to suffered out in the great plains. tonight. That is unfortunate. There is
provide for his family. He could barely I am disappointed tonight. I wish we no great harm done. In fact, we passed
continue because he was talking about could have done what we have already something that will be modestly help-
something that is much more than a decided to do. We should make $500 ful, although it represents no new
business. It is a way of life. This was million available now. We should do it money.
life, and his dream. I had a call from a sooner rather than later. We will come Mr. President, the reason there is
guy in Sarles, ND. You could hear the back in September and have another such a high level of feeling about what
pain in his voice. Everything that he significant debate. Advancing the Free- is happening in farm country is be-
has, everything that he owns, every- dom to Farm payment is fine. It may cause we face an unmitigated disaster.
thing that he aspires to, everything help some producers. If it does, I am for In North Dakota, farm income declined
that he has fought and worked for in that. But we must do more. This Con- 98 percent from 1996 to 1997. The result
his family is on the line. He said, ‘‘You gress must decide that family farmers is a massive number of auction sales,
know, I’m going to harvest my barley matter. This isn’t just about dollars and the result is that the Secretary of
and I’m going to have to take it right and cents, or about economic theory. Agriculture came to North Dakota and
to the elevator. Prices have crashed, I With all that is going on in agri- his crisis response team said that we
am not going to get anything for it. I culture, including unfair trade, unfair are in danger of losing 30 percent of our
don’t have a choice. I have to pay back competition, a choked market, monop- farmers in the next 2 years. That is a
my lender, and feed my family.’’ The olies up and down and sideways, and disaster of staggering proportion.
pain was so evident in his voice. He was everywhere, we are losing something Of course, it is not limited to North
asking, ‘‘What can I do? Is there help very important. We are losing family Dakota because we have the lowest
someplace?’’ farmers. Then all the yard lights will prices for wheat and barley in 50 years.
The point of both of these producers be turned off on these farms. You will Those prices continue to crash. I just
is that they didn’t cause these condi- fly from California to Maine and you received a phone call from a farmer
tions. They didn’t cause the Asian fi- won’t see family farms because agri- back home in North Dakota, who heard
nancial crisis that has caused our ex- factories don’t have yard lights. They this debate occurring and he said,
ports to start to slow down and prices plow as far as you can plow for 10 ‘‘Don’t they know down there that just
collapse. They didn’t cause the crop hours, and they plow back. There will shuffling payments is not going to
diseases that have devastated these be nobody living out in the country. solve the problem? Don’t they know
crops. They didn’t cause the price col- That seed bed of family values that ex- that this kind of shell game is not
lapse of wheat and barley. It is not isted and that nurtures us from small what is needed? What is needed are ad-
their fault. The question for this coun- towns to America’s cities, and which ditional resources to fight what is an
try is whether we are going to have any has always refreshed this country will international trade war. Don’t they
family farmers left. And, does anybody be gone. Then somebody will scratch know that Europe spends 10 times more
care about that? their head and say: What happened to supporting their producers than we do
This Senate did something that I our country? What will have happened supporting ours? Don’t they know Eu-
thought was the right thing to do. We is that this Congress didn’t understand, rope is spending 100 times more than
passed an indemnity program of $500 as some other countries do, that family we are supporting exports? Don’t they
million. Frankly, that is going to have farmers make a difference in our na- understand the result is not only the
to increase substantially. Since that tional life. It is not just dollars and lowest prices in 50 years, but in addi-
time, in the last several weeks, we cents. It is a lot more than some eco- tion to that, disasters that are not
have learned that the Texas cotton nomic calculation made by those who being addressed?’’
crop is gone, with over $2 billion in give us a bunch of constipated theories The disaster in North Dakota is the
damage. In Louisiana and Oklahoma, about agriculture. This is everyday liv- outbreak of a disease called scab, a fun-
the agricultural economies are dev- ing by farm families that just ask for gus that is loose in the fields, which
astated. So the $500 million is going to an even chance to make a decent liv- cost us a third of the crop last year.
have to be increased. The point is, ing. Yet they are confronted in every That combination of the lowest prices
while I think advancing the Freedom direction by monopolies, price collapse, in 50 years and losing a third of the
to Farm payments is fine, I think we disease, and then by a Government crop to this horrible disease, scab, has
can do more by deciding to take the that says they want to pull the rug out meant devastation to farm income. As
$500 million we have already agreed from under them on price supports. I indicated, there has been a 98 percent
upon and advance that and move that What if the Government tried to do reduction in farm income from 1996 to
out. that on the minimum wage? They 1997, with literally thousands of farm-
The earliest farmers are going to get would say, ‘‘Let’s reduce the minimum ers being forced off the land this year,
these indemnity payments would be wage to $1 an hour and call it freedom and many more coming next year. One
perhaps November or December. To- to work.’’ It’s the same thing. The fact of the major agricultural lenders in my
night, we could have taken that $500 is, we must come back here in Septem- State called me and told me, ‘‘Senator,
million and made it available. We ber and have a real debate about real there is something radically wrong
could have sent it to the House, and let policies that will give family farmers with this country’s farm policy. If a
them pass it. Next week, or the week in this country a real opportunity to State like North Dakota, which is one
after, the Department of Agriculture make a decent living. They are the eco- of the breadbasket States of our coun-
could have begun to try to deal with nomic all stars in this country. Make try, is in a farm depression, then there
this deepening farm crisis. This isn’t no mistake about it. This country will is something radically wrong with the
an ordinary crisis. I have mentioned make a serious mistake if it turns its farm policy.
before that we have so many auction back to the economic opportunity that Mr. President, I just want to con-
sales of family farms in North Dakota ought to be offered to the family farm- clude by saying that we do face low
that they were calling auctioneers out ers in this country. prices in North Dakota. It is not just in
of retirement to handle the sales. You I yield the floor. North Dakota because now it is spread-
can go to those sales and see these lit- Mr. CONRAD addressed the Chair. ing to other States as well. They are
tle tykes wearing their britches and The PRESIDING OFFICER (Mr. being hit by the low prices, but they
cowboy hats with hair in their eyes, DEWINE). The Senator from North Da- are also being hit by these disaster
wondering why mom and dad have to kota is recognized. conditions. In different parts of the
sell the farm, and why their life is Mr. CONRAD. Mr. President, perhaps country, it is different kinds of weath-
going to change. You can see the hus- it is healthy that we had a discussion er disasters. In Oklahoma and Texas, it
band and wife with tears in their eyes, on the farm crisis started again to- is overly dry conditions, a drought. It’s
watching people bid on their machin- night. It is unfortunate the way it the same thing in Louisiana. In our
ery. Most of the equipment is old be- came up because, typically, those of us part of the country, it is overly wet
cause they can’t afford the new ma- who represent farm country have tried conditions that led to this outbreak of
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9419
the fungus called scab. In other parts iff’s Association, American Small Busi- First Amendment right to freedom of
of the country, it has been hurricanes. ness Alliance, Americans for Tax Re- speech and our Fourth Amendment
The combined result is a farm crisis form, Electronic Commerce Forum, In- freedom against unreasonable search
worse than anything we have seen formation Technology Industry Coun- and seizure. They illustrate that we
since I have been in public life. I have cil, the National Association of Manu- need strong security to keep all Ameri-
been in public life now for over 20 facturers, the U.S. Chamber of Com- cans safe from infrastructure attack.
years. merce, and over sixty technology com- And they explain that Americans and
Mr. President, I hope when we return panies. It’s bipartisan advisory panel computer users everywhere must feel
that we are ready to aggressively ad- includes several intelligence and law confident in the knowledge that their
dress this problem. What we did to- enforcement experts such as former private information will remain pri-
night will help. It is not new money. It National Security Advisor Richard vate. Clearly, the development and use
just moves money forward. That will Allen, former NSA Deputy Director and strong encryption is critical if
be of some assistance. But it in no way William Crowell, former CIA Director Internet commerce is going to grow to
solves the problem. We have a crisis of John Deutch, former FBI Director Wil- its full potential and sustain the eco-
staggering dimensions, and it requires liam Webster, and former San Jose Po- nomic engine that is driving this coun-
our full response. lice Chief Joseph McNamara. This try into the 21st century.
I thank the Chair. I yield the floor. array adds credibility to their message. I believe this advertising campaign is
I suggest the absence of a quorum. As you are well aware, encryption yet another indication of industry’s
The PRESIDING OFFICER. The plays a significant role in our daily willingness and desire to find a reason-
clerk will call the roll. lives. This technology scrambles and able solution to the encryption issue.
The legislative clerk proceeded to unscrambles computer text to keep pri- Industry and privacy groups, for exam-
call the roll. vate communications from being read ple, have been working in earnest with

f
Mr. JEFFORDS. Mr. President, I ask by unauthorized individuals such as Administration officials for several
unanimous consent that the order for hackers, thieves, and other criminals. months. In May, a proposed interim so-
the quorum call be rescinded. Encryption protects private citizens lution to the encryption issue was of-
The PRESIDING OFFICER (Mr. credit card numbers when they buy fered. The Administration responded
ENZI). Without objection, it is so or- something over the Internet, ensures that it would take five to six months
dered. that only authorized medical personnel to review the proposal. This reaction in
Mr. JEFFORDS. Mr. President, we can read a patients’ medical records conjunction with Under Secretary
are now in the closing process for the stored on a hospital database, shields Reinsch’s recent comments, lead many
in Congress, from both sides of the

f
evening, and we have several matters tax information that we send to the
to be considered. IRS, and safeguards personal letters aisle, to conclude that the Administra-
that we E-mail to loved ones. tion, despite what it has been saying
Encryption means that American com- publicly, does not want to see a bal-
MORNING BUSINESS anced resolution before this Congress
panies can protect confidential em-
Mr. JEFFORDS. Mr. President, I ask ployee information, such as salary and adjourns.
unanimous consent that there now be a performance data; valuable trade se- Mr. President, I think it is also im-
period for the transaction of morning crets and competitive bidding informa- portant to reiterate that the Adminis-
business. tion; and critical target market data. tration’s restrictions against U.S.
The PRESIDING OFFICER. Without Encryption also benefits America’s encryption exports and its proposals to
objection, it is so ordered. security by protecting our nation’s control domestic use just cannot work.
critical infrastructures, like the power Innovation in the high tech industry is
grid, telecommunications infrastruc- relentless and ubiquitous. The govern-
MEDIA CAMPAIGN HELPS INFORM ment cannot stop it. It is for this rea-
CONGRESSIONAL ACTION ON ture, financial networks, air traffic
control operations, and emergency re- son that industry is trying to persuade
ENCRYPTION the Administration that innovation is
sponse systems. Strong encryption
Mr. LOTT. Mr. President, I rise to thwarts infiltration attempts by com- the solution to this issue, not the
recognize the continuing efforts of puter hackers and terrorists who have enemy. Two weeks ago, a coalition of
Americans for Computer Privacy destructive, life threatening intent. thirteen companies proposed ‘‘private
(ACP), a broad-based advocacy coali- Yes, this is an issue that truly affects doorbells’’, a technology solution that
tion, to energize the discussion now all Americans. would provide law enforcement with
taking place in Washington on By allowing a public policy that lim- court approved access to computer
encryption. ACP has a role since they its encryption to continue, we risk messages. Clearly, industry leaders
represent industry, private citizens and sending more potential U.S. business want to help officials capture criminals
interest groups from all sides of the po- overseas. This approach only serves to and terrorists. I believe the ideas they
litical spectrum. The computer indus- harm America’s economic and national have put forward are reasonable and re-
try believes, as do many members in security interest by encouraging crimi- sponsible. On the other hand, I do not
both the House and Senate, that it is nals to purchase foreign made products believe the Administration’s response
time to reform America’s outdated now widely available with unlimited has been forthcoming. Encryption pol-
encryption regime. Last week, an im- encryption strength. By contrast, the icy can be modernized with the stroke
portant step was taken when a multi- broad development and use of Amer- of a pen, but the Administration has
media campaign was launched to raise ican encryption products should be ad- shown little willingness. Thus, indus-
Congressional and public awareness on vantageous to our law enforcement and try takes appropriate action by imple-
the encryption issue. This campaign in- intelligence communities. menting a media campaign.
cludes television commercials, print I must say that I am deeply troubled While encryption is a complex and di-
media, and an online banner compo- by the comments made by Commerce visive information technology issue,
nent with such statements as, ‘‘would Under Secretary William Reinsch, head this media initiative reinforces the
you give the government the keys to of the Bureau of Export Administra- need for legislation to bring America’s
your safety deposit box or home.’’ In tion, in response to ACP’s efforts. Ap- encryption policy into the 21st cen-
the past few days, television commer- parently, Under Secretary Reinsch tury. The national security and law en-
cials highlighting the need for doubts that this initiative will work— forcement communities have legiti-
encryption reform have appeared dur- that industry and privacy advocates mate concerns that must be consid-
ing Good Morning America, the Today are wasting their money. I disagree. ered. I believe that the best way to deal
show, Hardball, and Cross Fire. This media campaign is rightfully edu- with these concerns is to pass during
Mr. President, ACP has an impressive cating the public about the importance this Congress legislation that strikes a
membership which includes such orga- of encryption in our every day lives. balance on encryption. Legislation
nizations as the Law Enforcement Alli- These advertisements make clear that that would help keep private and cor-
ance of America, the Louisiana Sher- encryption technology preserves our porate communications away from
S9420 CONGRESSIONAL RECORD — SENATE July 30, 1998
hackers, terrorists and other criminals, Bill also has been very active with With the help of assistive technology,
provide a level playing field for U.S. IIAA. He served as chairman of its children have received a more mean-
encryption manufacturers, and ensure Communications and Membership ingful and challenging education;
Constitutional protections for all Committees as well as chairman of the adults have undertaken rewarding ca-
Americans. A number of my colleagues Future One Communications Task reers; and senior citizens have contin-
have been pushing for this type of re- Force. Bill was elected to IIAA’s Exec- ued to live independently in their own
form for years and several competing utive Committee in 1992 and since then homes.
encryption bills have been offered in he has exhibited a spirit of dedication The Tech Act, as it is known, passed
both the House and Senate during this and concern for his 300,000 independent by Congress in 1988, has proven invalu-
session. agent colleagues around the country. able to the realization of these goals.
Mr. President, as you may recall, I Bill’s selfless attitude also extends to Under this act, Utah has established an
engaged in a colloquy with my col- his involvement in numerous Central impressive assistive technology pro-
leagues last week which reinforced the City-area community activities. He re- gram. According to my fellow Utahn,
need for Congress to act during this ceived the 1989 Kentucky Chamber of Ms. Corey Rowley, chairperson of the
session to break the impasse. This is a Commerce Volunteer of the Year National Council on Independent Liv-
difficult issue, not easily explained or Award. He is on the Boards of Directors ing Assistive Technology Task Force,
understood, but it is a crucial one. Mo- for the Leadership Kentucky Founda- the effectiveness of the Utah Assistive
mentum has been built in both the tion, Kentucky Audubon Council Boy Technology Program lies in its ability
House and Senate toward finding a Scouts of America, and Central City, to initiate and coordinate projects with
workable solution. Congress must seize Main Street, Inc. all relevant Utah agencies—an inte-
upon these efforts and pass a consensus In the past, Bill served on the Board grated effort that transcends any one
encryption bill now or risk starting all of Directors of the Muhlenberg Com- piece of federal legislation.
over during the next session. Congress munity Theater, the Everly Brothers Prominent among its achievements
has come too far on this issue to go Foundation, and the Central City Main is the creation of the Utah Center for
back to the beginning. Street and Redy Downtown Develop- Assistive Technology in Salt Lake
Americans need a sound and reason- ment Corporation. Also, Bill is past City—a statewide service center that
able encryption policy that protects president of the Central City Chamber provides invaluable assessments and
public safety, reinforces security, pro- of Commerce and the Central City demonstrations of applicable assistive
motes digital privacy, and encourages Lions Club. technology devices to consumers. This
online commerce and economic growth. Bill’s professional endeavors outside
center also provides people with in-
Without the development and use of IIAA extend to serving on the board of
formative guidance concerning avail-

f
powerful encryption, we may bear the directors and serving as president of
able resources to acquire these serv-
consequences of the next hacker’s at- the First United Holding Company,
ices. While federal funds from the Tech
tack on the Pentagon’s information which owns Central City’s First Na-
Act were crucial to the center’s cre-
network, a terrorist attack on the tional Bank.
I have complete confidence that Bill ation, it is now fully funded by the
city’s power supply, or a thief’s attack
will serve with distinction and provide state. This is an excellent example of

f
on the international financial markets.
With over $60 billion and over 200,000 strong leadership as president of the how Utah has been able to leverage a
jobs at stake by the year 2000, the Independent Insurance Agents of Amer- small amount of federal funding.
ica. I wish him and his lovely wife, Les- Mr. President, we must make sure
House and Senate cannot continue to
hope that the Administration will lie, all the best as IIAA President and that the Tech Act is reauthorized.
reach an amicable solution that satis- First Lady over the next year. While this act has already enhanced
fies the needs of all parties. I strongly the lives of many Americans, a great
encourage my colleagues to report out need still exists. We must do more. It
UTAH ASSISTIVE TECHNOLOGY seems clear that the need for assistive
a balanced encryption bill that Con-
PROGRAM technology in the coming years will in-
gress can act on before the end of this
crease as America’s population ages.

f
session. Before it is too late. Mr. HATCH. Mr. President, today I
pay tribute to the noteworthy efforts Moreover, we must take full advantage
of the Utah Assistive Technology Pro- of scientific and technological ad-
INSTALLATION OF WILLIAM B. gram, which has helped empower indi- vances that can be applied to persons
GREENWOOD AS PRESIDENT OF viduals with disabilities, allowing with disabilities.
THE INDEPENDENT INSURANCE them to live more rewarding, produc- Congress will have the opportunity
AGENTS OF AMERICA tive, and independent lives. this year to continue a modest federal
Mr. FORD. Mr. President, I rise An estimated 216,100 Utahns of all effort to empower individuals with dis-
today to commend a fellow Kentuckian ages—approximately 10 percent of our abilities to learn, to work, and to pros-
and my friend, William B. Greenwood state’s population—live with a dis- per. I hope that all my colleagues will
of Central City, who will be installed as abling condition. Assistive technology support this program.
president of the nation’s largest insur- provides a means whereby these indi-
ance association—the Independent In- viduals can live and work in virtually
HONORING THE WRIGHTS ON
surance Agents of America (IIAA)— all areas of society. Stated plainly, as-
THEIR 50TH WEDDING ANNIVER-
next month in Boston. Bill is president sistive technology not only improves
SARY
of C.A. Lawton Insurance, an independ- the quality of life for individuals with
ent insurance agency located in Cen- disabilities but also enables the rest of Mr. ASHCROFT. Mr. President, fami-
tral City. us to have the benefit of their con- lies are the cornerstone of America. In-
Bill’s career as an independent insur- tributions. dividuals from strong families contrib-
ance agent has been marked with out- The term ‘‘assistive technology’’ en- ute to the society. In an era when near-
standing dedication to his clients, his compasses all devices that improve the ly half of all couples married today
community, IIAA, the State associa- functional capabilities of individuals will see their union dissolve into di-
tion—the Independent Insurance with disabilities. Such devices can be vorce, I believe it is both instructive
Agents of Kentucky—his colleagues as simple as a wheelchair or as high- and important to honor those who have
and his profession. tech as an electronic Liberator, a tech- taken the commitment of ‘‘till death
At the state level, Bill served as nological apparatus that makes com- us do part’’ seriously, demonstrating
president of the Independent Insurance munication possible for disabled indi- successfully the timeless principles of
Agents of Kentucky in 1983, and was viduals who are not able to speak. Or- love, honor, and fidelity. These charac-
named the Kentucky association’s In- ganizations such as the Utah Assistive teristics make our country strong.
surer of the Year in 1986. He was Ken- Technology Program provide services For these important reasons, I rise
tucky’s representative to IIAA’s Na- that assist disabled individuals in the today to honor Lonnie and Regina
tional Board of State Directors for selection and acquisition of these prod- Wright of Goshen, Arkansas, who on
seven years beginning in 1985. ucts. August 4, 1998, will celebrate their 50th
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July 30, 1998 CONGRESSIONAL RECORD — SENATE S9421
wedding anniversary. My wife, Janet, COMMUNITY SERVICES BLOCK grams in which the government is au-
and I look forward to the day we can GRANT LEGISLATION thorized to use nongovernmental orga-
celebrate a similar milestone. The Mr. ASHCROFT. Mr. President, I nizations to provide services to bene-
Wrights’ commitment to the principles would like to take this opportunity to ficiaries. Under my Charitable Choice
and values of their marriage deserves thank Senator COATS, the Chairman of Expansion Act, which I introduced in
to be saluted and recognized. the Labor Committee’s Subcommittee May of this year, uniform protections
on Children and Families, for the ex- and guidelines would apply to faith-
cellent work he has done in drafting based entities using federal dollars to
legislation to reauthorize the Commu- provide housing, substance abuse pre-
RECOGNITION OF ACHIEVEMENT nity Services Block Grant, which re- vention and treatment, juvenile serv-
Mr. ASHCROFT. Mr. President, I rise cently passed in the Senate. The CSBG ices, seniors services, abstinence edu-
today to extend appreciation to program is intended to fight poverty cation, and child welfare services, as
Arsalan Iftikhar for his service as an and alleviate its effects on people and well as services under the Community
intern in my office during the Spring of their communities. Through these Development Block Grant, the Social
1998. Arsalan set the highest standard block grants, federal money is given to Services Block Grant, and of course,
the states and local communities to the Community Services Block Grant.
of excellence on a project undertaken
create programs that help low-income One uniform Charitable Choice provi-
by my Operations Team.
people secure employment, get an ade- sion will certainly make it easier for
Since I was elected in 1994, my staff
quate education, make better use of both the government and faith-based
and I have made an oath of service,
their available income, obtain and organizations to work together more
commitment, and dedication. We dedi-
maintain adequate housing, and ulti- efficiently to help our nation’s needy.
cate ourselves to quality service. Again, I thank Senator COATS and all
America’s future will be determined by mately achieve self-sufficiency.
These block grants free states and the members of the Labor Committee,
the character and productivity of our as well as their staff, for their hard
people. In this respect, we seek to lead local communities of federal red tape
and give them the flexibility they de- work on this legislation, and I com-
by our example. We strive to lead with mend them for their decision to in-

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humility and honesty, and to work sire to initiate programs that meet the
needs of people who need help. As a clude provisions that invite the greater
with energy and spirit. Our standard of participation of charitable and faith-
productivity is accuracy, courtesy, ef- former governor, I learned that state
and local governments are far more ef- based providers in the Community
ficiency, integrity, validity, and time- Services Block Grant program. I hope
liness. fective in serving local communities
than Washington’s bureaucracy. that we in the Senate will continue
Arsalan has not only achieved this working together to pursue legislative
Further, Community Services Block

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standard, he set a new standard on the proposals that encourage successful
Grants provide opportunities for the
project he was given. He exemplified a non-governmental organizations to ex-
government to partner with the non-
competitive level of work while main- pand their life-transforming programs
governmental sector to provide a vari-
taining a cooperative spirit. His per- to serve our nation’s poor and needy.
ety of services to the poor. I am grate-
formance truly was inspiring to my en-
ful that Senator COATS has led a bipar-
tire office. It is with much appreciation
tisan effort to include within this reau- NUCLEAR NON-PROLIFERATION
that I recognize Arsalan’s contribution
thorization bill language that can ex- AND SENATE RATIFICATION OF
to me and my staff in our effort to ful-
pand the opportunities for charitable THE COMPREHENSIVE NUCLEAR
fill our office pledge and to serve all
and faith-based organizations to serve TEST-BAN TREATY
people by whose consent we govern.
their communities with CSBG funds.
Mr. BIDEN. Thank you, Mr. Presi-
The provisions included will help faith-
dent.
based organizations to maintain their It is a truism that despite the end of
RECOGNITION OF ACHIEVEMENT religious character and integrity when the Cold War, we live in a dangerous
providing social services with govern- world. The ultimate danger we face,
Mr. ASHCROFT. Mr. President, I rise ment funds.
today to extend appreciation to Heath- perhaps, is that nuclear weapons will
For years, America’s charities and be obtained—or even used—by unstable
er Oellermann for her service as an in- churches have been transforming shat-
tern in my office during the Spring of countries or terrorist groups.
tered lives by addressing the deeper We must undertake a range of activi-
1998. Heather set the highest standard needs of people—by instilling hope and ties to reduce that danger. There is no
of excellence on a project undertaken values which help change behavior and magic bullet. No single program or ini-
by my Operations Team. attitudes. As a matter of sound public tiative will rid the world of the threat
Since I was elected in 1994, my staff policy, we in Congress need to find of nuclear cataclysm at the hands of a
and I have made an oath of service, ways to allow these successful organi- new or unstable nuclear power.
commitment, and dedication. We dedi- zations to unleash the cultural remedy Rather, we need a coherent strategy
cate ourselves to quality service. that our society so desperately needs. with many elements—a strategy de-
America’s future will be determined by Senator COATS’ legislation reauthoriz- signed to reduce both the supply of nu-
the character and productivity of our ing the Community Services Block clear weapons technology to would-be
people. In this respect, we seek to lead Grant will help to further this goal. nuclear powers and the regional ten-
by our example. We strive to lead with The language in this bill regarding sions that fuel their demand for those
humility and honesty, and to work charitable and faith-based providers is weapons.
with energy and spirit. Our standard of similar to my Charitable Choice provi- I would like to spend a few minutes
productivity is accuracy, courtesy, ef- sion contained in the welfare reform today talking about one piece of that
ficiency, integrity, validity, and time- law which we passed two years ago, but strategy that this body can implement:
liness. it does contain some differences. For We can and should give our advice and
Heather has not only achieved this non-governmental organizations wish- consent to ratification of the Com-
standard, she set a new standard on the ing to participate in both the Commu- prehensive Nuclear Test-Ban Treaty.
project she was given. She exemplified nity Service Block Grant and the Tem- And we should do that promptly.
a competitive level of work while porary Assistance for Needy Families In her speech on the 35th anniversary
maintaining a cooperative spirit. Her programs, the differences between the of John F. Kennedy’s American Univer-
performance truly was inspiring to my two provisions may cause some confu- sity speech, Secretary of State Mad-
entire office. It is with much apprecia- sion and lead to additional administra- eleine Albright called for U.S. ratifica-
tion that I recognize Heather’s con- tive burdens. tion of the Comprehensive Nuclear
tribution to me and my staff in our ef- This situation demonstrates the need Test-Ban Treaty. Noting the recent In-
fort to fulfill our office pledge and to to pass legislation that applies the dian and Pakistani nuclear tests, she
serve all people by whose consent we same Charitable Choice language to all said that ratification was needed ‘‘now,
govern. federally funded social service pro- more than ever.’’
S9422 CONGRESSIONAL RECORD — SENATE July 30, 1998
Senator SPECTER and I have also ‘‘cessation of the nuclear arms race’’ reason to reject the nuclear non-pro-
called for ratification now, both in encouraged by Article VI of the Non- liferation regime. And until we ratify
floor statements and by drafting a res- Proliferation Treaty. So even the cloud the Treaty, the rest of the world will
olution calling for expeditious Senate that most frightens test-ban opponents find it easier to reject U.S. calls for
consideration of the Test-Ban Treaty. has a silver lining: it helps keep the diplomatic and economic measures to
Why is the Test-Ban so crucial? Be- rest of the world on board the non-pro- pressure India and Pakistan.
cause it is directly related to the glob- liferation bandwagon. We must keep our part of that non-
al bargain that is the heart of the glob- Now it is true, Mr. President, that proliferation bargain, if we are to
al nonproliferation regime. Other coun- some countries have never accepted the maintain U.S. leadership on non-pro-
tries will give up their ambition to ac- world non-proliferation bargain. The liferation, keep the rest of the world on
quire nuclear weapons, but only if the so-called ‘‘threshold states’’ of India, board, and influence India and Paki-
declared nuclear powers honestly seek Pakistan and Israel all viewed nuclear stan. The truth is that we have little
to end their nuclear advantage. We weapons as essential to their national choice.
have to keep up our side of the bar- security, and India denounced the Non- If we fail to keep faith with the non-
gain—and that means ratifying and ad- Proliferation Treaty because it did not nuclear states because we cannot even
hering to the comprehensive test ban— require immediate nuclear disar- ratify the Test-Ban Treaty, then we
or the non-nuclear weapons states will mament. will also fail to keep them from devel-
not feel bound to theirs. Still other countries, like Iran, Iraq oping nuclear weapons of their own.
One lesson of this decade’s nuclear and North Korea, signed the Non-Pro- And in that case, Mr. President, we
developments in India, Pakistan, Iraq liferation Treaty but maintained cov- might as well prepare for a world of at
and North Korea is that very basic nu- ert nuclear weapons programs. least 15 or 20 nuclear weapon states,
clear weapon design information is no But the vast majority of the world’s rather than the 5 or 7 or 8 we have
longer a tightly held secret. The tech- states, including many prospective nu- today. That is the stark reality we
nology required to produce nuclear clear powers, have gone along with this face.
weapons remains expensive and com- bargain. And it is vital to our national THE FATE OF THE TEST-BAN TREATY

plex, but it is well within the reach of security that we maintain their adher- But we need not fail, Mr. President.
literally scores of countries. ence to the world non-proliferation re- The Comprehensive Nuclear Test-Ban
To keep countries from producing gime. They must not become ‘‘thresh- Treaty is a very sensible treaty that is
what scores of them could produce, you old states,’’ let alone actually test nu- clearly in our national interest. It
need more than pressure or sanctions. clear weapons. binds the rest of the world to refrain
You must constantly maintain their So, how will we maintain the adher- from nuclear testing, just as we have
consent to remain non-nuclear weapons ence of the world’s non-nuclear weap- bound our own government for the last
states. ons states to the nuclear proliferation 6 years.
Ideally, we would maintain that con- regime? The Indian and Pakistani nu- The Test-Ban Treaty forces us to rely
sent by removing the security concerns clear tests are a direct challenge to upon so-called ‘‘stockpile stewardship’’
that propel countries to seek nuclear that regime. The regime—and the to maintain the safety and reliability
weapons. But that is terribly difficult, countries who support it—can only of our nuclear weapons, but we are in a
be it in Kashmir or the Middle East, in meet that challenge if the United better position economically and sci-
the Balkans or the Korean Peninsula States leads the way. entifically to do that than is any other
or the Taiwan Straits. On one level, we are already doing country in the world.
In the world of today and of the fore- that. We have imposed severe sanctions Treaty verification will require our
seeable future, peace does not reign. on both India and Pakistan, and both attention and our resources, but those
of their economies are at risk. We have are resources that we would have to
Nuclear non-proliferation will not pre-
spend anyway in order to monitor
vail in this world either, unless we con- adjusted our sanctions to limit their
world-wide nuclear weapons programs.
vince states that nuclear weapons are effect upon innocent populations, and
Indeed, the International Monitoring
not the key to survival, to status or to we are working to give the President System under the Treaty may save us
power. the flexibility to lift them in return for money, as we will pay only a quarter of
The Comprehensive Nuclear Test-Ban serious steps by India and Pakistan to- those costs for monitoring resources
Treaty is not merely emblematic of the ward capping their arms race and ad- that otherwise we might well have to
nuclear powers’ commitment to the dressing their differences. finance in full.
non-nuclear weapons states. It also will On the world-wide level, however, our But we do have a problem. We have
put a cap on the development of new record is mixed. Some countries have been unable to hold hearings on this
classes of nuclear weapons by the nu- joined us in imposing sanctions on treaty in the Foreign Relations Com-
clear powers. India and Pakistan. We have also been mittee, even though committees with
The test-ban treaty will also limit joined in strong statements by coun- lesser roles have held them. And the
the ability of any non-nuclear weapons tries ranging from Japan to Russia and Majority Leader has said that he will
state to develop sophisticated nuclear China. not bring this treaty to the floor.
weapons or to gain confidence in more Statements and resolutions by the G- Why is that, Mr. President? I know
primitive nuclear weapons if it were to 8, the Organization of American States, that my good friends the chairman and
illegally acquire or produce them. If the Conference on Disarmament, and the majority leader have raised argu-
you can’t test your weapon, you are the United Nations Security Council ments against the Treaty, but they
very unlikely to rely upon it as an in- have rightly condemned India and seem curiously unwilling to make
strument of war. Pakistan’s nuclear tests and called those arguments in the context of a
These are important reassurances to upon them to join the Nuclear Non- proper committee or floor debate on a
the non-nuclear nations of the world. Proliferation Treaty, to refrain from resolution of ratification.
They are why those countries agreed to actual deployment of their weapons, to Could they be afraid of losing? Could
foreswear all nuclear tests and to ac- ratify the Comprehensive Nuclear Test- they be afraid that, once the pros and
cept intrusive on-site inspection if a Ban Treaty and to move toward a cons are laid out with a resolution of
suspicion arose that they might have peaceful settlement of the Kashmir dis- ratification before us, two thirds of
tested a nuclear device. pute. this body will support ratification?
Will the Test-Ban Treaty also gradu- But the world is acutely aware of our Perhaps; I know that I think the Trea-
ally reduce a country’s confidence in failure to persuade more countries to ty can readily get that support.
the reliability of its nuclear weapons impose sanctions, and also of our own For the arguments in favor of ratifi-
over the next 30 or 50 years, as some of failure, so far, to ratify the Com- cation look pretty strong. The condi-
its opponents assert? If so, that is actu- prehensive Test-Ban Treaty. Until we tions that the President has asked us
ally reassuring to the non-nuclear ratify this Treaty, the nuclear hard- to attach to a resolution of ratification
weapons states, for it gives them hope liners in India and Pakistan will be will assure that we maintain our weap-
of the eventual realization of that able to cite U.S. hypocrisy as one more ons and the ability to test them, and
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9423
that he will consider every year wheth- ship in nuclear non-proliferation, they Senator HAGEL on the Foreign Rela-
er we must withdraw from the Treaty will realize that they will do their lead- tions Committee has shown real leader-
and resume testing to maintain nu- ers a favor by helping the Senate to do ship on this issue, has taken a second
clear deterrence. what is so clearly in the national inter- crack at the problem by including this
I also know, Mr. President, that the est. funding on the Foreign Operations Ap-
American people overwhelmingly sup- The Senate will give its advice and propriations bill. Unfortunately, we
port ratification of the Test-Ban Trea- consent to ratification of the Com- will not act on that bill until after the
ty. A nation-wide poll in mid-May, prehensive Nuclear Test-Ban Treaty. August recess.
after the Indian tests, found 73 percent The only question is when. But just last week, the House pulled
The world is a dangerous place, Mr.

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in favor of ratification and only 16 per- its version of the Foreign Ops bill from
cent against it. Later polls in 5 states— President, and we must no underesti- further consideration because of their
with 7 Republican senators—found sup- mate the challenges our country faces. internal squabbling over funding for
port for the Treaty ranging from 79 But the spirit of America lies in our the IMF.
percent to 86 percent. ability to rise to those challenges and I fear that those squabbles may mask
The May poll also found that the overcome them. The immediate chal- an even more cynical motive—to hold
American people knew there was a risk lenge of non-proliferation is to bring the IMF, and by extension global finan-
that other countries would try to forth a resolution of ratification on a cial stability, hostage to increase their
cheat, so the public is not supporting useful treaty, Mr. President. We should bargaining leverage on unrelated issues
ratification because they wear rose- show more of that American spirit in at the end of the legislative session
colored glasses. The people are pretty our approach to that task. this fall.
level-headed on this issue, as on so Mr. President, I want to stress what
many others. They know that no trea- THE IMPORTANCE OF IMF is at stake while the majority in the
ty is perfect. They also know that this FUNDING House dithers. The financial crisis that
Treaty, on balance, is good for Amer- began a year ago in Asia has not gone
Mr. BIDEN. Mr. President, no less an away—it continues to fester, and
ica.
So perhaps those who block the Sen- authority than Alan Greenspan re- threatens to spread. Indeed, with the
cently pronounced our economy in the
ate from fulfilling its Constitutional resources of the IMF already stretched
best shape he has seen in his profes-
duty regarding this Treaty are doing thin, we may be entering the most crit-
sional life.
that because they know the people Unemployment, inflation, and inter- ical phase of this threat to the global
overwhelmingly support this Treaty, est rates are low; incomes, investment, economy.
and they know that ratification would If the worst case happens, Mr. Presi-
and optimism remain high.
pass. Clearly, Mr. President, now is the dent, we will have no place to hide, no
Perhaps they just don’t like arms time to worry. matter how well things have been
control treaties. Perhaps they would Now is the time to worry, Mr. Presi- going for us lately. Just look at the
rather rely only upon American mili- dent, because these are exactly the cir- risks.
tary might, including nuclear weapons cumstances that breed overconfidence Japan is the keystone of the Asian
tests. Perhaps they want a nation-wide and complacency. Pride, Mr. President, economy—it could pull that already
ballistic missile defense and figure that goeth before the fall. fragile region into a real depression if
then it won’t matter how many coun- Mr. President, we enjoy this excel- current trends are not quickly and dra-
tries have nuclear weapons. Perhaps lent economic performance because we matically reversed. That’s why the re-
they figure our weapons will keep us have got our own house in order—we cent elections there were so important,
safe, even if we let the rest of the world have gone through a painful period of and why international investors are
fall into the abyss of nuclear war. restructuring that has made our econ- watching closely to see if Japan has
I don’t share that view, Mr. Presi- omy more efficient, and we have taken the political muscle to overhaul its fi-
dent. I believe we can keep non-pro- the tough steps to balance our federal nancial system and restore growth at
liferation on track. I believe that we budget. the same time. That is a lot to ask, and
can maintain nuclear deterrence with- So our factories and businesses are much hangs on the outcome, including
out engaging in nuclear testing, and operating efficiently, our workers are the health of important markets for
that the Comprehensive Test-Ban Trea- earning more, and our sound govern- American exports throughout Asia.
ty is a small price for keeping the non- ment finances are helping to keep in- Mr. President, in May our trade defi-
nuclear states with us on an issue terest rates down. What could go cit soared to $15.8 billion, as exports to
where the fate of the world is truly at wrong? Asia dropped by 21 percent compared to
stake. Well, what if the markets for this a year ago. Still, our friends in the
I cannot force a resolution of ratifi- new, more productive economy were House suggest that we wait until the
cation on this Treaty through the For- not there? What if international inves- fall to see if things get worse.
eign Relations Committee and onto the tors pull their money out of some of Russia presents an additional threat
floor of this body. our major trading partners? What if to our economic and security interests.
But the American people want us to those countries stop buying our prod- Despite the announcement of a new
ratify this Treaty. They are absolutely ucts and services? What if they can’t IMF package, the Moscow stock mar-
right to want that. I will remind my pay back their loans, and American in- ket index has dropped 24 percent. An
colleagues—however often I must—of vestments there lose money instead of economically foundering Russia, facing
their duty under the U.S. Constitution sending profits back home? political collapse, opens a Pandora’s
and to our national security. I will Unfortunately, that is just what is box of issues for stability in Europe
make sure that the American people happening now, and instead of acting and around the world.
know who stands with them in that quickly to limit the threat of these de- On top of all this, other countries, in-
vital quest. velopments, the majority in the House cluding South Africa, Ukraine, and Ma-
My colleague, the senior Senator of Representatives has chosen to play a laysia, are lined up in the IMF’s wait-
from Pennsylvania, and I have drafted dangerous game of chicken with inter- ing room.
a resolution calling for expeditious national financial markets. But because of the severity of the
consideration of this Treaty. So far, we Mr. President, the Senate went on Asian crisis, the IMF’s resources are so
have been joined by 34 of our colleagues record in March, by an overwhelming low that international investors must
as co-sponsors of that resolution. vote of 84 to 16, in favor of full funding now have real fear that it will not be
We know that many others support of U.S. participation in the Inter- able to provide further support to its
us quietly, Mr. President, but hesitate national Monetary Fund. But those current clients, or support any addi-
to part company with their leaders. We funds were dropped by the House in tional countries now on the brink. This
are confident, however, that as more of Conference. will add uncertainty to an already
them reflect on what is at stake, and I am pleased to see that Chairman shaky situation, and can only make
on the need for continued U.S. leader- STEVENS, who, along with my colleague further panic more likely.
S9424 CONGRESSIONAL RECORD — SENATE July 30, 1998
Mr. President, the distinguished Sen- forts, leadership, and success in providing accompanying papers, reports, and doc-
ator from Maryland, Senator SAR- equality of treatment and opportunity for uments, which were referred as indi-
BANES, recently warned those who their military and civilian personnel without cated:
regard to race, color, religion, or natural ori-
think we can do without the IMF that EC–6287. A communication from the Asso-
gin.
they are ‘‘playing with fire.’’ He’s ciate Managing Director for Performance
H. Con. Res. 305. Concurrent resolution au-
right. Evaluation and Records Management, Fed-
thorizing the use of the Capitol Grounds for
They have decided, for short-term po- eral Communications Commission, transmit-
a clinic to be conducted by the United States
ting, pursuant to law, the report of a rule en-
litical reasons—some as small as their Luge Association. titled ‘‘Rules to Adopt Regulations for Auto-
own fight over the Speaker’s job—that The message further announced that matic Vehicle Monitoring Systems’’ (Docket
they are willing to fiddle while the the Houses agrees to the report of the 93–61) received on July 29, 1998; to the Com-
international economy burns. The IMF committee of conference on the dis- mittee on Commerce, Science, and Transpor-
is not a perfect institution, Mr. Presi- agreeing votes of the two Houses on tation.
dent, but right now it is the only fire EC–6288. A communication from the Chief
the amendment of the Senate to the of the Regulations Unit of the Internal Reve-
insurance we have got. bill (H.R. 4059) making appropriations nue Service, Department of the Treasury,
By delaying indefinitely the funding for military construction, family hous- transmitting, pursuant to law, the report of
for the IMF, these gamblers are taking ing, and base realignment and closure a rule entitled ‘‘Conversion to the Euro’’
deadly risks with our own economy, an for the Department of the Defense for (RIN1545–AW34) received on July 29, 1998; to
economy that has taken years of sac- the fiscal year ending September 30, the Committee on Finance.
rifice to restore to health. They are EC–6289. A communication from the Direc-
1999, and for other purposes. tor of the Office of Surface Mining Reclama-
squandering our ability to lead eco-

f
The message also announced that the tion and Enforcement, Department of the In-
nomically and politically in a time of House disagrees to the amendment of terior, transmitting, pursuant to law, the re-
international crisis in exchange for the Senate to the bill (H.R. 4060) mak- port of a rule entitled ‘‘Kentucky Regulatory
some short-term political gains. ing appropriations for energy and Program’’ (Docket KY–217–FOR) received on
It is time to cease this recklessness, water development for the fiscal year July 29, 1998; to the Committee on Energy
Mr. President. It’s time to provide the ending September 30, 1999, and for and Natural Resources.
IMF with the funds it needs, and re- EC–6290. A communication from the Chair-
other purposes, and agrees to the con- man of the National Endowment for the Hu-
move short-sighted bickering and self- ference asked by the Senate on the dis-
serving calculations in the U.S. Con- manities, transmitting, pursuant to law, the
agreeing votes of the two Houses there- Endowment’s annual report for fiscal year
gress from the list of threats to our on; and appoints Mr. MCDADE, Mr. ROG- 1997; to the Committee on Labor and Human
own economy. ERS, Mr. KNOLLENBERG, Mr. FRELING- Resources.
HUYSEN, Mr. PARKER, Mr. CALLAHAN, EC–6291. A communication from the Assist-
ant Secretary for Legislative Affairs, De-
MESSAGES FROM THE PRESIDENT Mr. DICKEY, Mr. LIVINGSTON, Mr. FAZIO partment of State, transmitting, pursuant to
Messages from the President of the of California, Mr. VISCLOSKY, Mr. ED- law, certification of a proposed Technical
WARDS, Mr. PASTOR, and Mr. OBEY, as Assistance Agreement for the export of de-
United States were communicated to
the Senate by Mr. Williams, one of his the managers of the conference on the fense services to the Federation of Bosnia
secretaries. part of the House. and Herzegovina (DTC–71–98); to the Commit-

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tee on Foreign Relations.
EXECUTIVE MESSAGES REFERRED

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At 10:31 p.m., a message from the EC–6292. A communication from the Assist-
As in executive session the Presiding House of Representatives, delivered by ant Secretary for Export Administration,
Officer laid before the Senate messages Department of Commerce, transmitting, pur-
Mr. Hays, one of its reading clerks, an- suant to law, the report of a rule entitled
from the President of the United nounced that the House has passed the
States submitting three withdrawals ‘‘Additions to the Entity List: Russian Enti-
following bill, in which it requests the ties’’ (RIN0694–AB60) received on July 29,
and sundry nominations which were re- concurrence of the Senate: 1998; to the Committee on Banking, Housing,
ferred to the appropriate committees. and Urban Affairs.
H.R. 4237. An act to amend the District of
(The nominations received today are Columbia Convention Center and Sports EC–6293. A communication from the Acting
printed at the end of the Senate pro- Arena Authorization Act of 1995 to revise the Assistant Secretary for Export Administra-
ceedings.) revenues and activities covered under such tion, Department of Commerce, transmit-
Act, and for other purposes. ting, pursuant to law, the report of a rule en-
titled ‘‘Exports to the Federal Republic of

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MESSAGES FROM THE HOUSE Yugoslavia (Serbia and Montenegro); Imposi-
At 4:08 p.m., a message from the MEASURES REFERRED tion of Foreign Policy Controls’’ (RIN0694–
AB69) received on July 29, 1998; to the Com-
House of Representatives, delivered by The following bill was read the first mittee on Banking, Housing, and Urban Af-
Mr. Hays, one of its reading clerks, an- and second times by unanimous con- fairs.
nounced that the House has passed the sent and referred as indicated: EC–6294. A communication from the Em-
following bills, in which it request the H.R. 3982. An act to designate the Federal
ployee Benefits Manager, AgFirst Farm
concurrence of the Senate: Credit Bank, transmitting, pursuant to law,
building located at 310 New Bern Avenue in
H.R. 872. An act to establish rules govern- the financial statements of the Bank’s Re-
Raleigh, North Carolina, as the ‘‘Terry San- tirement Plan and Employee Thrift Plan for
ing product liability actions against raw ma- ford Federal Building’’; to the Committee on calendar year 1997; to the Committee on Gov-
terials and bulk component suppliers to Environmental and Public Works. ernmental Affairs.
medical device manufacturers, and for other
purposes.
The following concurrent resolutions
H.R. 3506. An act to award a congressional were read and referred as indicated:
REPORTS OF COMMITTEES

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gold medal to Gerald R. and Betty Ford. H. Con. Res 294. Concurrent resolution
H.R. 3982. An act to designate the Federal commending the Armed Forces for their ef- The following reports of committees
building located at 310 New Bern Avenue in forts, leadership, and success in providing were submitted:
Raleigh, North Carolina, as the ‘‘Terry San- equality of treatment and opportunity for By Mr. ROTH, from the Committee on Fi-
ford Federal Building’’. their military and civilian personnel without nance, with an amendment in the nature of
H.R. 4194. An act making appropriations regard to race, color, religion, or natural ori- a substitute:
for the Department of Veterans Affairs and gin; to the Committee on Armed Services. S. 442: A bill to establish a national policy
Housing and Urban Development, and for H. Con. Res. 305. Concurrent resolution au- against State and local government inter-
sundry independent agencies, boards, com- thorizing the use of the Capitol Grounds for ference with interstate commerce on the
missions, corporations, and offices for the a clinic to be conducted by the United States Internet or interactive computer services,
fiscal year ending September 30, 1999, and for Luge Association; to the Committee on and to exercise Congressional jurisdiction
other purposes. Rules and Administration. over interstate commerce by establishing a
The message also announced that the moratorium on the imposition of exactions
House has agreed to the following con- that would interfere with the free flow of
EXECUTIVE AND OTHER commerce via the Internet, and for other
current resolutions, in which it re- purposes (Rept. No. 105–276).
quests the concurrence of the Senate: COMMUNICATIONS
By Mr. D’AMATO, from the Committee on
H. Con. Res. 294. Concurrent resolution The following communications were Banking, Housing, and Urban Affairs, with-
commending the Armed Forces for their ef- laid before the Senate, together with out amendment:
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9425
S. 2375: An original bill to amend the Secu- Howard Hikaru Tagomori, of Hawaii, to be prior to the provision of contraceptive drugs
rities Exchange Act of 1934 and the Foreign United States Marshal for the District of Ha- or devices to such a minor, or the referral of

f
Corrupt Practices Act of 1997, to strengthen waii for the term of four years. such minor for abortion services, under any
prohibitions on international bribery and Paul M. Warner, of Utah, to be United Federally funded program; to the Committee
other corrupt practices, and for other pur- States Attorney for the District of Utah for on the Judiciary.
poses (Rept. No. 105–277). the term of four years. By Mr. MACK (for himself and Mr.
By Mr. MCCAIN, from the Committee on (The above nominations were re- GRAHAM):
Commerce, Science, and Transportation, ported with the recommendation that S. 2381. A bill to provide that no electric
with an amendment in the nature of a sub- they be confirmed, subject to the nomi- utility shall be required to enter into a new
stitute: contract or obligation to purchase or to sell
nees’ commitment to respond to re-
S. 2279: A bill to amend title 49, United electricity or capacity under section 210 of
quests to appear and testify before any the Public Utility Regulatory Policies Act of
States Code, to authorize the programs of
the Federal Aviation Administration for fis- duly constituted committee of the Sen- 1978; to the Committee on Energy and Natu-
cal years 1999, 2000, 2001, and 2002, and for ate.) ral Resources.
other purposes (Rept. No. 105–278). By Mr. MCCAIN (for himself and Mr.
By Mr. STEVENS, from the Committee on KERRY):
Appropriations: Special Report entitled INTRODUCTION OF BILLS AND S. 2382. A bill to amend title XIX of the So-
‘‘Further Revised Allocation to Subcommit- JOINT RESOLUTIONS cial Security Act to allow certain commu-
tees of Budget Totals for Fiscal Year 1999’’ The following bills and joint resolu- nity-based organizations and health care
(Rept. No. 105–279). tions were introduced, read the first providers to determine that a child is pre-
By Mr. HATCH, from the Committee on sumptively eligible for medical assistance
and second time by unanimous con-
the Judiciary, with amendments: under a State plan under that title; to the
sent, and referred as indicated: Committee on Finance.
H.R. 3528: A bill to amend title 28, United
States Code, with respect to the use of alter- By Mr. GRASSLEY (for Mr. LOTT (for By Mr. HARKIN (for himself, Mr. KEN-
native dispute resolution processes in United himself, Mr. GRASSLEY, Mr. HAGEL, NEDY, Mr. KERRY, and Ms. MOSELEY-
States district courts, and for other pur- Mr. ROBERTS, Mr. BURNS, Mr. CRAIG, BRAUN):
poses. Mr. SHELBY, Mr. SESSIONS, Mr. THOM- S. 2383. A bill to amend the Fair Labor
By Mr. HATCH, from the Committee on AS, Mr. COVERDELL, and Mr. COCH- Standards Act of 1938 to reform the provi-
the Judiciary, without amendment and with RAN): sions relating to child labor; to the Commit-
a preamble: S. 2371. A bill to amend the Internal Reve- tee on Labor and Human Resources.
S. Res. 193: A resolution designating De- nue Code of 1986 to reduce individual capital By Mr. ASHCROFT (for himself and
gains tax rates and to provide tax incentives Mr. FAIRCLOTH):
cember 13, 1998, as ‘‘National Children’s Me-
for farmers; to the Committee on Finance. S. 2384. A bill entitled ‘‘Year 2000 Enhance
morial Day’’.
By Mr. BOND (for himself, Ms. SNOWE, Cooperation Solution’’; to the Committee on
By Mr. HATCH, from the Committee on
and Mr. BENNETT): the Judiciary.
the Judiciary, with an amendment in the na-
S. 2372. A bill to provide for a pilot loan By Mr. BENNETT (for himself and Mr.

f
ture of a substitute: guarantee program to address Year 2000
S. 1031: A bill to protect Federal law en- HATCH):
problems of small business concerns, and for S. 2385. A bill to establish the San Rafael
forcement officers who intervene in certain other purposes; to the Committee on Small
situations to protect life or prevent bodily Swell National Heritage Area and the San
Business. Rafael National Conservation Area in the
injury. By Mr. GRASSLEY (for himself and
By Mr. HATCH, from the Committee on State of Utah, and for other purposes; to the
Mr. DURBIN): Committee on Energy and Natural Re-
the Judiciary, without amendment: S. 2373. A bill to amend title 28, United
S.J. Res. 51: A joint resolution granting sources.
States Code, with respect to the use of alter- By Mr. FAIRCLOTH (for himself and
the consent of Congress to the Potomac native dispute resolution processes in United
Highlands Airport Authority Compact en- Mrs. FEINSTEIN):
States district courts, and for other pur- S. 2386. A bill to provide that a charitable
tered into between the States of Maryland poses; to the Committee on the Judiciary. contribution deduction shall be allowed for
and West Virginia. By Mr. SARBANES: that portion of the cost breast cancer re-
S. 2374. A bill to provide additional funding search stamp which is in excess of the cost of
for repair of the Korean War Veterans Memo- a regular first-class stamp; to the Committee
EXECUTIVE REPORTS OF rial; to the Committee on Energy and Natu-
COMMITTEE on Finance.
ral Resources.
By Mr. BIDEN:
The following executive reports of commit- By Mr. D’AMATO: S. 2387. A bill to confer and confirm Presi-
S. 2375. An original bill to amend the Secu-
tees were submitted: dential authority to use force abroad, to set
rities Exchange Act of 1934 and the Foreign
By Mr. D’AMATO, from the Committee on forth procedures governing the exercise of
Corrupt Practices Act of 1977, to strengthen
Banking, Housing, and Urban Affairs: that authority, and thereby to facilitate co-
prohibitions on international bribery and
Rebecca M. Blank, of Illinois, to be a Mem- operation between the President and Con-
other corrupt practices, and for other pur-
ber of the Council of Economic Advisers. gress in decisions concerning the use or de-
poses; from the Committee on Banking,
ployment of United States Armed Forces
(The above nomination was reported with Housing, and Urban Affairs; placed on the
calendar. abroad in situations of actual or potential
the recommendation that she be confirmed,
By Mr. JEFFORDS: hostilities; to the Committee on Foreign Re-
subject to the nominee’s commitment to re-
S. 2376. A bill to amend the Internal Reve- lations.
spond to requests to appear and testify be-
nue Code of 1986 to provide tax incentives for By Mr. DORGAN:
fore any duly constituted committee of the
land sales for conservation purposes; to the S. 2388. A bill to amend the Internal Reve-
Senate.)
Committee on Finance. nue Code of 1986 to provide an exclusion for
By Mr. HATCH, from Committee on the gain from the sale of farmland which is simi-
By Mr. MOYNIHAN (for himself, Mr.
Judiciary: lar to the exclusion from gain on the sale of
LEVIN, Mr. JEFFORDS, Mr. LEAHY, Mr.
Rebecca R. Pallmeyer, of Illinois, to be a principal residence; to the Committee on
CLELAND, Mr. DURBIN, Mr. D’AMATO,
United States District Judge for the North- Finance.
and Mrs. BOXER):
ern District of Illinois. S. 2377. A bill to amend the Clean Air Act By Mr. WELLSTONE:
Nora M. Manella, of California, to be to limit the concentration of sulfur in gaso- S. 2389. A bill to strengthen the rights of
United States District Judge for the Central line used in motor vehicles; to the Commit- workers to associate, organize and strike,
District of California. tee on Environment and Public Works. and for other purposes; to the Committee on
Jeanne E. Scott, of Illinois, to be United By Mr. AKAKA: Labor and Human Resources.
States District Judge for the Central Dis- S. 2378. A bill to amend title XVIII of the By Mr. BROWNBACK (for himself and
trict of Illinois. Social Security Act to increase the amount Mr. HELMS):
David R. Herndon, of Illinois, to be United of payment under the Medicare program for S. 2390. A bill to permit ships built in for-
States District Judge for the Southern Dis- pap smear laboratory tests; to the Commit- eign countries to engage in coastwise in the
trict of Illinois. tee on Finance. transport of certain products; to the Com-
Carl J. Barbier, of Louisiana, to be United By Mr. MURKOWSKI (for himself and mittee on Commerce, Science, and Transpor-
States District Judge for the Eastern Dis- Mr. DASCHLE): tation.
trict of Louisiana. S. 2379. A bill to establish a program to es- By Mr. DASCHLE:
Gerald Bruce Lee, of Virginia, to be United tablish and sustain viable rural and remote S. 2391. A bill to authorize and direct the
States District Judge for the Eastern Dis- communities; to the Committee on Banking, Secretary of Commerce to initiate an inves-
trict of Virginia. Housing, and Urban Affairs. tigation under section 702 of the Tariff Act of
Patricia A. Seitz, of Florida, to be United By Mr. ASHCROFT: 1930 of methlyl tertiary butyl ether imported
States District Judge for the Southern Dis- S. 2380. A bill to require the written con- from Saudi Arabia; to the Committee on Fi-
trict of Florida. sent of a parent of an unemancipated minor nance.
S9426 CONGRESSIONAL RECORD — SENATE July 30, 1998
By Mr. BENNETT (for himself, Mr. ual capital gains tax rates and to pro- Grassley savings accounts, as I call
DODD, Mr. MOYNIHAN, Mr. KOHL, and vide tax incentives for farmers; to the them, will give farmers a tool to con-
Mr. ROBB) (by request): Committee on Finance. trol their lives. This savings account
S. 2392. A bill to encourage the disclosure
and exchange of information about computer FAMILY INVESTMENT AND RURAL SAVINGS TAX legislation will encourage farmers to
processing problems and related matters in ACT save during good years to help cushion
connection with the transition to the Year Mr. GRASSLEY. Mr. President, the fall from the inevitable bad years.
2000; to the Committee on the Judici- today several of us from rural States The accounts will give farmers even
ary.I16By Mr. MURKOWSKI: and the leadership of the Senate take a greater freedom in their business deci-
S. 2393. A bill to protect the sovereign step to help America’s farmers as rep- sions rather than giving the Govern-

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right of the State of Alaska and prevent the resentatives of States with major agri- ment more authority over farmers and
Secretary of Agriculture and the Secretary
of the Interior from assuming management
cultural economies. All of us introduc- their lives.
of Alaska’s fish and game resources; read the ing this legislation agree that farmers As a working farmer myself, and an
first time. are facing some difficult times. American, I know that we want to con-
By Mr. ROTH (for himself and Mr. While we must do what we can to trol our own destiny. We want to man-
MOYNIHAN) (by request): make sure that farmers survive for the age our own business. We want to make
S. 2394. A bill to amend section 334 of the short term, the key to the agricultural those decisions that are connected with
Uruguay Round Agreements Act to clarify economic situation is long-term solu- being a good business operator. We do
the rules of origin with respect to certain not want to have to wait for the bu-
tions. While we can’t eliminate every
textile products; to the Committee on Fi-
nance. risk and we can’t control every factor reaucrats at the USDA in Washington,
that governs the success of the family DC, in that bureaucracy to tell us how
farm, there are initiatives that we can many acres of corn and how many
SUBMISSION OF CONCURRENT AND pursue that will help smooth out some acres of soybeans that we can plant.
SENATE RESOLUTIONS of the bumps that are in the road. This allows, through the balancing out
The following concurrent resolutions That is why today several of us are of income, the leveling out of the peaks
and Senate resolutions were read, and introducing the FIRST Act, the Family and valleys from one year to another,
referred (or acted upon), as indicated: Investment and Rural Savings Tax Act because in farming, it seems to be all
By Mr. GRAHAM (for himself, Mrs. of 1998. As I said at the outset, there boom or all bust. This farmers’ savings
MURRAY, Mr. DORGAN, Mr. SARBANES, are some genuine problems in the ag account that I suggest will give farm-
Mr. LEVIN, Mr. MOYNIHAN, Mr. BYRD, community. Some parts of the country ers an opportunity to do that.
Mr. DODD, Mr. AKAKA, Mr. LAUTEN- are experiencing problems that are Finally, our tax legislation allows for
BERG, Mr. DURBIN, Mrs. BOXER, Ms. worse than we are seeing in my own the permanent extension of income
LANDRIEU, Mr. KOHL, Ms. MIKULSKI, State of Iowa. We can offer reforms averaging. Income averaging helps
Ms. MOSELEY-BRAUN, Mr. DEWINE, that address short-term and long-term farmers because when prices are low
Mr. FAIRCLOTH, Mr. SPECTER, Mr.
needs. and when farmers’ income goes down,
BOND, and Mr. COCHRAN):
S. Res. 260. A resolution expressing the To address short-term needs and help their tax burden will also be lowered.
sense of the Senate that October 11, 1998, give farmers that extra support that This helps farmers prepare for the espe-
should be designated as ‘‘National Children’s some will need to get through this cially volatile nature of their income.
Day’’; to the Committee on the Judiciary. year, I have joined with several of my This is a tough time for a lot of farm-
By Mr. BROWNBACK: colleagues in supporting legislation ers. I know there is a great deal of anx-
S. Res. 261. A resolution requiring the pri- that will speed up transition payments, iety among farmers about what the fu-
vatization of the Senate barber and beauty
payments that would be made during ture might bring. This proposal will
shops and the Senate restaurants; to the
Committee on Rules and Administration. 1999 and could, upon election by indi- help them to know that we in Congress
By Mr. ROTH (for himself and Mr. vidual farmers, be taken in 1998. In my recognize the particular difficulties
BINGAMAN): State of Iowa, that will bring 36 cents they face in trying to plan for the fu-
S. Res. 262. A resolution to state the sense per bushel into the farmer’s income in ture. I, along with other Members who
of the Senate that the government of the 1998 that would otherwise not be there. have worked on this bill, believe that
United States should place priority on for- But the focus of this legislation our initiatives will provide farmers
mulating a comprehensive and strategic pol- which I am speaking about today, the with additional financial insurance
icy of engaging and cooperating with Japan
in advancing science and technology for the
FIRST Act, is to address long-term they need to help face the future.
benefit of both nations as well as the rest of need, because what I just described to The initiatives of this legislation
the world; to the Committee on Foreign Re- you, advancing the transition pay- have been endorsed by virtually every
lations. ments, is obviously a short-term solu- major agricultural organization. These
By Mr. WARNER: tion. organizations know that these meas-
S. Res. 263. A resolution to authorize the What we are saying is that we must ures are what farmers need to have
payment of the expenses of representatives ensure economic stability for everyone more confidence and security in the fu-
of the Senate attending the funeral of a Sen- first through the transition proposition ture.
ator; considered and agreed to.
I described, and then we must help our I am very pleased to see the majority

f
By Mr. LOTT:
S. Con. Res. 114. A concurrent resolution farmers plan for the future. leader, TRENT LOTT, the Senator from
providing for a conditional adjournment or This measure takes a three-prong ap- Mississippi, taking a strong stand in
recess of the Senate and a conditional ad- proach to assist farmers and families favor of this. I thank my colleagues
journment of the House of Representatives; through tax reform. who have worked with me on this legis-
considered and agreed to. The first section of our bill reduces lation. We all agree that passing this
By Mr. WARNER: the capital gains tax rate for individ- measure as soon as possible is one of
S. Con. Res. 115. A concurrent resolution to
uals from 20 percent to 15 percent. This the best things that we can do for our
authorize the printing of copies of the publi-
cation entitled ‘‘The United States Capital’’ will spur growth, entrepreneurship and farmers in our States and across the
as a Senate document; considered and agreed help farmers make the most of their country.
to. capital assets. It will also encourage This legislation is a long-term solu-
movement of capital investment from tion. It helps our farmers and our fami-
one generation to the other to help lies survive and to keep control of their
STATEMENTS ON INTRODUCED young farmers get started. own decisions, so that we can let Wash-
BILLS AND JOINT RESOLUTIONS This language builds on the capital ington make decisions for Washington
By Mr. GRASSLEY (for Mr. LOTT gains tax reform that we made in last but let farmers make decisions for
(for himself, Mr. HAGEL, Mr. year’s Tax Relief Act. themselves.
ROBERTS, Mr. BURNS, Mr. Secondly, the FIRST Act includes The bottom line, Mr. President, is
CRAIG, Mr. SHELBY, Mr. SES- my legislation that creates savings ac- right now we are facing a variety of
SIONS, and Mr. THOMAS)): counts for farmers. This initiative troubling circumstances: an economic
S. 2371. A bill to amend the Internal would allow farmers to make contribu- crisis in southeast Asia, a drought
Revenue Code of 1986 to reduce individ- tions to tax-deferred accounts. These combined with the hot weather in
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9427
Texas today, fires in Florida, too much same thing I hear repeatedly from should not try to return to the man-
wheat coming across the Canadian bor- ranchers and farmers across my State aged agriculture that we had before,
der, unfairly, to drive down the price of of Nebraska: ‘‘We do not want to go but to continue to move towards mar-
wheat in North Dakota, and the pros- back to the failed Government supply ket agriculture in which our produc-
pect of having bumper crops this year and demand policies of the past.’’ That tion is based on demand. But it is a dif-
and big carryovers from last year. is clear. They told us very clearly that ficult transition. And that, coupled
These are things that are beyond the there are three things—three things— with the Asian crisis, coupled with the
control of the family farmer. Congress can do to help America’s fact that, particularly in the northern
Because we in family farming assume farmers and ranchers: One, open up tier and in the south, we have had
the responsibility—each one of us—of more export markets; two, tax relief; drought, we have had floods, we have
feeding, on average, 126 other people, and, three, reduce Government regula- had freezes—we have had a series of dif-
we must keep the family farms strong tion. This, after all, Mr. President, was ficult things that lend to the difficulty
as a matter of national policy, as a indeed the promise of the 1996 Freedom of agriculture.
matter of good economics. We do that to Farm Act. So I am pleased that the Congress
not because of nostalgia for family Those of us on the floor today and has taken some steps. I think this idea
farmers but because when there is a our colleagues have been working very of moving forward with the transition
good supply of food, the urban popu- hard over the last few months to open payments is a good idea.
lations of this country are going to feel more markets overseas, especially in Certainly we can do that for farmers.
more secure and more certain about the area of dealing with unilateral Then if we can provide a farmer sav-
the future. sanctions. And we are going to keep ings account which will allow them to
We want to continually remind peo- pushing aggressively for important ex- have these payments, in advance, with-
ple, though, through actions of this port tools, important for all of Amer- out being taxed until they are used, is
Congress that we in the Congress know ica, not just American agriculture, im- a good one.
that food grows on farms, it does not portant tools like fast track, and re- Certainly, as the Senator from Ne-
grow in supermarkets. If there were form and complete funding for the braska has indicated, I, too, favor the
not farmers producing, if there were idea of reducing and, indeed, eventu-
IMF.
not the labor and processing people, if This bill we are introducing today ally eliminating the capital gains
there were not truckers and trains tak- goes to the second point. It will provide taxes. I just want to say I support this
ing the food from the farm to the city, real and meaningful tax relief, tax re- very much.
There perhaps are other activities
we would not have the high quality of lief to America’s agricultural produc-
that we can undertake that will be
food we have, we would not have the ers. It will provide farmers and ranch-
helpful, but we do need to get started.
quantity of food we have, we would not ers with the tools they need in manag-
I think this is a good beginning. I want
have the stability that we have in our ing the unique financial situations that to say again that I appreciate the lead-
cities, we would not have the quality of they alone face on their farms and ership of the Senator from Iowa and
life that we have beyond food for the ranches. the Senator from Nebraska.
American people. Let’s not forget that This bill has three provisions, which I yield the floor.
food as a percentage of disposable in- Senator GRASSLEY has just outlined ac- Mr. CRAIG addressed the Chair.
come at about 11 percent is cheaper for curately and succinctly: One, the farm The PRESIDING OFFICER (Mr.
the American consumer than any con- and ranch risk management accounts; THOMAS). The Senator from Idaho.
sumer anywhere else in the world. two, the permanent extension of in- Mr. CRAIG. Mr. President, I, too,
This legislation that we are all intro- come averaging for farmers; and, three, have come to the floor this morning to
ducing is in support of maintaining reduction of capital gains rates not thank you, and certainly the Senator
that sort of environment for the people just for American agriculture but for from Iowa, the Senator from Wyoming,
of America, and also as we export food all of America. who has been involved with us, along
for people around the world. We are Mr. President, I have said over the with our leader, TRENT LOTT, Senator
committed to it, but also as a Congress last 2 years I would like to see the cap- BURNS of Montana, Senator ROBERTS,
we are committed to maintaining the ital gains tax completely eliminated. and myself in looking at the current
family farm as well. So I introduce this But that is a debate for another day. agricultural situation in this country,
bill for Senator LOTT, myself, Senator However, this bill is a major step in the which is very concerning to all of us as
HAGEL, Senator ROBERTS, Senator right direction. This bill will mean commodity prices plummet in the face
BURNS, Senator CRAIG, Senator SHEL- lower taxes for our farmers and ranch- of what could be record harvests and as
BY, and Senator SESSIONS. I thank my ers and many Americans. It is the right foreign markets diminish because of
colleagues for their hard work and sup- thing to do. the Asian crisis and world competition.
port. I hope a majority of my colleagues As a result of that, we have come to-
I yield the floor. will join us in support of this bill, an gether to look at tools that we could
Mr. HAGEL addressed the Chair. important bill for America, an impor- bring to American agriculture, produc-
The PRESIDING OFFICER. The Sen- tant bill for our farmers and ranchers. tion agriculture, farmers and ranchers,
ator from Nebraska. Mr. THOMAS. Mr. President, I rise that would assist them now and into
Mr. HAGEL. Thank you, Mr. Presi- for just a moment to thank the Sen- the future to build stability there and
dent. ator from Nebraska and the Senator allow them not only to invest but to
Mr. President, I rise to support, as an from Iowa for their leadership on this save during years of profit in a way
original cosponsor, the Family Invest- agricultural issue that we have before that is unique for American agricul-
ment and Rural Savings Tax Act of us. I join as an original cosponsor to tural.
1998. I thank the majority leader, Sen- the effort. In 1986, when this Congress made
ator LOTT, for working with many of us It seems to me that clearly there are sweeping tax reform, they eliminated
to make tax relief for farmers and two areas that have to be pursued. The income averaging. I was in the House
ranchers a very top priority this year. Senator from Nebraska talked about at that time and I opposed that legisla-
Mr. President, I am not a farmer. one, and that is seeking to reopen and tion. I remember an economist from
When I want advice about agricultural to strengthen these foreign markets the University of Virginia saying that
issues, I ask farmers, I ask ranchers. that are there that are critical to agri- it would take a decade or more, but
About a month ago, the Senators offer- cultural production. there would come a time when all of us
ing this bill, and several others con- One of the areas, of course, in this in Congress would begin to see the
cerned about the problems facing rural matter is unilateral sanctions, of problems that a denial of income aver-
America, agriculture today, right now, which some action has already been aging would do to production agri-
sat down with every major farm and taken in the case of Pakistan and culture; that slowly but surely the
commodity group in America. These India. We need to do more of that. The ability to divert income during cyclical
representatives of American agri- other, of course, is to do something do- market patterns would, in effect, weak-
culture—real agriculture—told us the mestically. I agree entirely that we en production agriculture at the farm
S9428 CONGRESSIONAL RECORD — SENATE July 30, 1998
and ranch level to a point that they America’s producers are currently Chairman of the House Agriculture
could not sustain themselves during experiencing a troubling time. Thanks Committee, I was charged with produc-
these cyclical patterns. Bankruptcies in large part to the Asian economic cri- ing the 1996 farm bill. As we were pro-
would occur; family operations that sis and the Administration’s inability ducing that legislation, I wanted very
had been in business for two or three to open up new markets for U.S. farm badly to create what I called a ‘‘farmer
generations would begin to fail. products, commodity prices across the IRA.’’ Basically, the farmer IRA would
We are at that point. We have been at board have fallen to dangerously low be a rainy day account whereby if a
that point for several years. I remem- levels. Low prices, combined with iso- farmer or rancher had a good year, he
ber the words of that economist in a lated weather-related problems in some could invest part of his profits in a tax-
hearing before one of the House com- regions of the country on one hand and deferred account. Then, when a bad
mittees echoing, saying, ‘‘Don’t do election-year posturing on the other, year hits, he could withdraw that
this. This is the wrong approach.’’ In have prompted some of our Democratic money to offset the downturn. That’s
those days, though, I wasn’t, but others colleagues to call for a return to the exactly what the FARRM Accounts
in Congress were anxious to crank up failed agriculture policies of the past. would do. Producers will be able to in-
the money and spend it here in Wash- They support loan programs that price vest up to 20 percent of their Schedule
ington and return it in farm products, the United States out of the world F (farm) income in any interest-bear-
recycle it, skim off the 15 or 20 percent market. They support a return to the ing account. They may withdraw that
that it oftentimes takes to run a gov- system whereby the U.S. Government money at any time during a five-year
ernment operation, and then somehow is in the grain business. And they sup- period. If passed, FARRM Accounts
appear to be magnanimous by return- port a return to command-and-control will correct the huge problem in our
ing it in some form of farm program. agriculture whereby producers are re- existing Tax Code that encourages pro-
That day is over. We ought to be quired to limit their production in a ducers to buy a new tractor or combine
looking at the tools that we can offer foolish and futile attempt to try to bol- at the end of the year in order to re-
production agriculture of the kind that ster commodity prices. These policies duce taxable income instead of saving
is now before the Senate in the legisla- did not work for 50 years and they will for the future. Again, I wanted to do
tion that we call the Family Invest- not work now. this during the farm bill but we ran out
ment and Rural Savings Act, not only The FIRST Act is designed to address of time. I’m very pleased that the Con-
looking at a permanency income aver- the real needs of producers today. The gress may finally get the opportunity
aging, but looking at real estate depre- FIRST Act provides tax relief for every to provide the flexibility and tax relief
ciation, recapturing, and a variety of farmer and rancher in the United producers so desperately need.
tools that we think will be extremely States. Specifically, income averag- I want to thank my colleagues again
valuable to production agriculture at a ing—which was an important compo- for their leadership in this area and I
time when they are in very real need. nent of the 1996 tax bill—would become look forward to working with them and
Also, the transition payments’ exten- permanent, the capital gains tax the rest of the Senate to pass this im-
sion that we have talked about moving brackets would be cut by 25 percent portant legislation.
forward to give some immediate cash across the board and a new Farm and Mr. GRASSLEY. Mr. President, I ask
to production agriculture, that is ap- Ranch Risk Management Account unanimous consent that a copy of the
propriate under the Freedom to Farm would be established to allow producers bill be printed in the RECORD.
transitions in which we are currently to manage the volatile shifts in farm There being no objection, the bill was
involved, becomes increasingly valu- income from one year to another. ordered to be printed in the RECORD, as
able. I specifically want to address the follows:
I join today and applaud those who capital gains tax cut and the FARRM S. 2371
have worked on this issue, to bring it accounts. The capital gains tax rep-
Be it enacted by the Senate and House of Rep-
immediately, and I hope that we clear- resents one of the most burdensome, resentatives of the United States of America in
ly can move it in this Congress, to give expensive provisions of the U.S. Tax Congress assembled,
farmers and ranchers today those Code for America’s farmers and ranch- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
tools—be it drought or be it a very wet ers and for America’s families. Produc- (a) SHORT TITLE.—This Act may be cited as
year or be it the collapse of foreign tion agriculture is a capital-intensive the ‘‘Family Investment and Rural Savings
markets. Prices in some of our com- business. Without equipment and in- Tax Act’’.
modity areas today are at a 20-plus puts—expensive equipment and in- (b) TABLE OF CONTENTS.—
year low, yet, of course, the tractor puts—you simply can’t survive in the Sec. 1. Short title; table of contents.
and the combine purchased is at an all- incredibly competitive agriculture TITLE I—REDUCTION IN INDIVIDUAL
time high. world. Therefore, because of the tre- CAPITAL GAINS TAX RATES
I do applaud those who have worked mendous costs of depreciating that ex- Sec. 101. Reduction in individual capital
with us in bringing this legislation to pensive equipment, the capital gains gains tax rates.
the floor, and I thank the chairman for tax hits farmers and ranchers espe- TITLE II—TAX INCENTIVES FOR
the time. cially hard. In addition, today the Con- FARMERS
I yield the floor. gress encourages middle-income fami- Sec. 201. Farm and ranch risk management
The PRESIDING OFFICER. The dis- lies to save for their future in part to accounts.
tinguished former chairman of the take pressure off of the Social Security Sec. 202. Permanent extension of income
House Agriculture Committee, the Sen- system. However, we continue to allow averaging for farmers.
ator from Kansas. capital gains taxes to hit America’s TITLE I—REDUCTION IN INDIVIDUAL
Mr. ROBERTS. I thank the Presiding families twice. Investors’ money is CAPITAL GAINS TAX RATES
Officer and the distinguished Senator taxed both as income when they get SEC. 101. REDUCTION IN INDIVIDUAL CAPITAL
GAINS TAX RATES.
from Wyoming. their paycheck and as capital gain
(a) IN GENERAL.—Subsection (h) of section
Mr. ROBERTS. Mr. President, I am when they make a smart investment. 1 of the Internal Revenue Code of 1986 is
pleased to join my friends and col- That’s a strange and counterproductive amended to read as follows:
leagues in introducing the Family In- way to encourage personal responsibil- ‘‘(h) MAXIMUM CAPITAL GAINS RATE.—
vestment and Rural Savings Tax ity and savings for the future. As a re- ‘‘(1) IN GENERAL.—If a taxpayer has a net
(FIRST) Act. I would especially like to sult, I am very grateful to our Majority capital gain for any taxable year, the tax im-
thank our Leader, Senator LOTT, for Leader for including the ‘‘Crown posed by this section for such taxable year
his strong commitment to this effort. Jewel’’ of his tax and Speaker GING- shall not exceed the sum of—
His dedication and interest in these im- ‘‘(A) a tax computed at the rates and in the
RICH’s tax bill in the FIRST Act today
same manner as if this subsection had not
portant issues should underscore how and I look forward to working with the been enacted on taxable income reduced by
serious we are about providing tax re- Leader to pass meaningful tax relief the net capital gain,
lief and improvements for farmers and before the Senate adjourns. ‘‘(B) 7.5 percent of so much of the net cap-
ranchers before the 105th Congress ad- I also want to address the creation of ital gain (or, if less, taxable income) as does
journs. the new FARRM Accounts. While not exceed the excess (if any) of—
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9429
‘‘(i) the amount of taxable income which ‘‘(ii) 10 percent of the excess of the amount ‘‘(A) No contribution will be accepted for
would (without regard to this paragraph) be determined under such subparagraph (deter- any taxable year in excess of the amount al-
taxed at a rate below 28 percent, over mined without regard to this paragraph) lowed as a deduction under subsection (a) for
‘‘(ii) the taxable income reduced by the net over the amount determined under clause (i). such year.
capital gain, and ‘‘(C) The amount determined under sub- ‘‘(B) The trustee is a bank (as defined in
‘‘(C) 15 percent of the amount of taxable in- paragraph (C) of paragraph (1) shall be the section 408(n)) or another person who dem-
come in excess of the sum of the amounts on sum of— onstrates to the satisfaction of the Secretary
which tax is determined under subpara- ‘‘(i) 15 percent of the amount which would that the manner in which such person will
graphs (A) and (B). be determined under such subparagraph if administer the trust will be consistent with
‘‘(2) NET CAPITAL GAIN TAKEN INTO ACCOUNT the adjusted net capital gain did not exceed the requirements of this section.
AS INVESTMENT INCOME.—For purposes of this the net capital gain taking into account only ‘‘(C) The assets of the trust consist en-
subsection, the net capital gain for any tax- gain or loss properly taken into account for tirely of cash or of obligations which have
able year shall be reduced (but not below the portion of the taxable year on or after adequate stated interest (as defined in sec-
zero) by the amount which the taxpayer such date, plus tion 1274(c)(2)) and which pay such interest
takes into account as investment income ‘‘(ii) 20 percent of the excess of the amount not less often than annually.
under section 163(d)(4)(B)(iii).’’ determined under such subparagraph (deter- ‘‘(D) All income of the trust is distributed
(b) ALTERNATIVE MINIMUM TAX.—Para- mined without regard to this paragraph) currently to the grantor.
graph (3) of section 55(b) of such Code is over the amount determined under clause (i). ‘‘(E) The assets of the trust will not be
amended to read as follows: ‘‘(D) Rules similar to the rules of para- commingled with other property except in a
‘‘(3) MAXIMUM RATE OF TAX ON NET CAPITAL graph (13)(C) shall apply.’’ common trust fund or common investment
GAIN OF NONCORPORATE TAXPAYERS.—The fund.
(2) ALTERNATIVE MINIMUM TAX.—Paragraph
amount determined under the first sentence (3) of section 55(b) of such Code (as amended ‘‘(2) ACCOUNT TAXED AS GRANTOR TRUST.—
of paragraph (1)(A)(i) shall not exceed the by the Internal Revenue Service Restructur- The grantor of a FARRM Account shall be
sum of— ing and Reform Act of 1998) is amended by treated for purposes of this title as the
‘‘(A) the amount determined under such adding at the end the following new sen- owner of such Account and shall be subject
first sentence computed at the rates and in tence: ‘‘For purposes of applying this para- to tax thereon in accordance with subpart E
the same manner as if this paragraph had of part I of subchapter J of this chapter (re-
graph for a taxable year which includes June
not been enacted on the taxable excess re- lating to grantors and others treated as sub-
24, 1998, rules similar to the rules of section
duced by the net capital gain, stantial owners).
1(h)(14) shall apply.’’
‘‘(B) 7.5 percent of so much of the net cap- (e) EFFECTIVE DATES.— ‘‘(e) INCLUSION OF AMOUNTS DISTRIBUTED.—
ital gain (or, if less, taxable excess) as does (1) IN GENERAL.—Except as otherwise pro- ‘‘(1) IN GENERAL.—Except as provided in
not exceed the amount on which a tax is de- paragraph (2), there shall be includible in the
vided in this subsection, the amendments
termined under section 1(h)(1)(B), and gross income of the taxpayer for any taxable
made by this section shall apply to taxable
‘‘(C) 15 percent of the amount of taxable year—
years beginning on or after June 24, 1998.
excess in excess of the sum of the amounts ‘‘(A) any amount distributed from a
(2) TRANSITIONAL RULES FOR TAXABLE YEARS
on which tax is determined under subpara- FARRM Account of the taxpayer during such
WHICH INCLUDE JUNE 24, 1998.—The amend-
graphs (A) and (B).’’ taxable year, and
(c) CONFORMING AMENDMENTS.— ments made by subsection (d) shall apply to
taxable years beginning before such date and ‘‘(B) any deemed distribution under—
(1) Paragraph (1) of section 1445(e) of such
ending on or after June 24, 1998. ‘‘(i) subsection (f)(1) (relating to deposits
Code is amended by striking ‘‘20 percent’’
(3) WITHHOLDING.—The amendment made not distributed within 5 years),
and inserting ‘‘15 percent’’.
by subsection (c)(1) shall apply only to ‘‘(ii) subsection (f)(2) (relating to cessation
(2) The second sentence of section
amounts paid after the date of the enact- in eligible farming business), and
7518(g)(6)(A) of such Code, and the second
ment of this Act. ‘‘(iii) subparagraph (A) or (B) of subsection
sentence of section 607(h)(6)(A) of the Mer-
(4) CERTAIN CONFORMING AMENDMENTS.—The (f)(3) (relating to prohibited transactions and
chant Marine Act, 1936, are each amended by
amendments made by subsection (c)(5) shall pledging account as security).
striking ‘‘20 percent’’ and inserting ‘‘15 per-
take effect on June 24, 1998. ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall
cent’’.
TITLE II—TAX INCENTIVES FOR FARMERS not apply to—
(3) Section 311 of the Taxpayer Relief Act
‘‘(A) any distribution to the extent attrib-
of 1997 is amended by striking subsection (e). SEC. 201. FARM AND RANCH RISK MANAGEMENT
ACCOUNTS. utable to income of the Account, and
(4) Paragraph (7) of section 57(a) of such
‘‘(B) the distribution of any contribution
Code (as amended by the Internal Revenue (a) IN GENERAL.—Subpart C of part II of
paid during a taxable year to a FARRM Ac-
Service Restructuring and Reform Act of subchapter E of chapter 1 of the Internal
count to the extent that such contribution
1998) is amended by striking the last sen- Revenue Code of 1986 (relating to taxable
exceeds the limitation applicable under sub-
tence. year for which deductions taken) is amended
section (b) if requirements similar to the re-
(5) Paragraphs (11) and (12) of section 1223, by inserting after section 468B the following
quirements of section 408(d)(4) are met.
and section 1235(a), of such Code (as amended new section:
by the Internal Revenue Service Restructur- ‘‘SEC. 468C. FARM AND RANCH RISK MANAGE- For purposes of subparagraph (A), distribu-
ing and Reform Act of 1998) are each amend- MENT ACCOUNTS. tions shall be treated as first attributable to
ed by striking ‘‘18 months’’ each place it ap- ‘‘(a) DEDUCTION ALLOWED.—In the case of income and then to other amounts.
pears and inserting ‘‘1 year’’. an individual engaged in an eligible farming ‘‘(3) EXCLUSION FROM SELF-EMPLOYMENT
(d) TRANSITIONAL RULES FOR TAXABLE business, there shall be allowed as a deduc- TAX.—Amounts included in gross income
YEARS WHICH INCLUDE JUNE 24, 1998.— tion for any taxable year the amount paid in under this subsection shall not be included
(1) IN GENERAL.—Subsection (h) of section 1 cash by the taxpayer during the taxable year in determining net earnings from self-em-
of such Code (as amended by the Internal to a Farm and Ranch Risk Management Ac- ployment under section 1402.
Revenue Service Restructuring and Reform count (hereinafter referred to as the ‘‘(f) SPECIAL RULES.—
Act of 1998) is amended by adding at the end ‘FARRM Account’). ‘‘(1) TAX ON DEPOSITS IN ACCOUNT WHICH ARE
the following new paragraph: ‘‘(b) LIMITATION.—The amount which a tax- NOT DISTRIBUTED WITHIN 5 YEARS.—
‘‘(14) SPECIAL RULES FOR TAXABLE YEARS payer may pay into the FARRM Account for ‘‘(A) IN GENERAL.—If, at the close of any
WHICH INCLUDE JUNE 24, 1998.—For purposes of any taxable year shall not exceed 20 percent taxable year, there is a nonqualified balance
applying this subsection in the case of a tax- of so much of the taxable income of the tax- in any FARRM Account—
able year which includes June 24, 1998— payer (determined without regard to this ‘‘(i) there shall be deemed distributed from
‘‘(A) Gains or losses properly taken into section) which is attributable (determined in such Account during such taxable year an
account for the period on or after such date the manner applicable under section 1301) to amount equal to such balance, and
shall be disregarded in applying paragraph any eligible farming business. ‘‘(ii) the taxpayer’s tax imposed by this
(5)(A)(i), subclauses (I) and (II) of paragraph ‘‘(c) ELIGIBLE FARMING BUSINESS.—For pur- chapter for such taxable year shall be in-
(5)(A)(ii), paragraph (5)(B), paragraph (6), and poses of this section, the term ‘eligible farm- creased by 10 percent of such deemed dis-
paragraph (7)(A). ing business’ means any farming business (as tribution.
‘‘(B) The amount determined under sub- defined in section 263A(e)(4)) which is not a The preceding sentence shall not apply if an
paragraph (B) of paragraph (1) shall be the passive activity (within the meaning of sec- amount equal to such nonqualified balance is
sum of— tion 469(c)) of the taxpayer. distributed from such Account to the tax-
‘‘(i) 7.5 percent of the amount which would ‘‘(d) FARRM ACCOUNT.—For purposes of payer before the due date (including exten-
be determined under such subparagraph if this section— sions) for filing the return of tax imposed by
the amount of gain taken into account under ‘‘(1) IN GENERAL.—The term ‘FARRM Ac- this chapter for such year (or, if earlier, the
such subparagraph did not exceed the net count’ means a trust created or organized in date the taxpayer files such return for such
capital gain taking into account only gain or the United States for the exclusive benefit of year).
loss properly taken into account for the por- the taxpayer, but only if the written govern- ‘‘(B) NONQUALIFIED BALANCE.—For purposes
tion of the taxable year on or after such ing instrument creating the trust meets the of subparagraph (A), the term ‘nonqualified
date, plus following requirements: balance’ means any balance in the Account
S9430 CONGRESSIONAL RECORD — SENATE July 30, 1998
on the last day of the taxable year which is be contributed to the Account under section Title two of the bill consists of two
attributable to amounts deposited in such 468C(b) for such taxable year. For purposes of separate measures which work hand in
Account before the 4th preceding taxable this subsection, any contribution which is hand: First, the bill will allow farmers
year. distributed out of the FARRM Account in a
to open their own tax deferred savings
‘‘(C) ORDERING RULE.—For purposes of this distribution to which section 468C(e)(2)(B)
paragraph, distributions from a FARRM Ac- applies shall be treated as an amount not accounts. These accounts would pro-
count shall be treated as made from deposits contributed.’’ vide farmers and ranchers an oppor-
in the order in which such deposits were (3) The section heading for section 4973 of tunity to set aside income in high-in-
made, beginning with the earliest deposits. such Code is amended to read as follows: come years and withdraw the money in
For purposes of the preceding sentence, in- ‘‘SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN low-income years. The money is taxed
come of such an Account shall be treated as ACCOUNTS, ANNUITIES, ETC.’’ only when it is withdrawn and can be
a deposit made on the date such income is (4) The table of sections for chapter 43 of deferred for up to five years.
received by the Account. such Code is amended by striking the item In 1995, 2.2 million taxpayers, quali-
‘‘(2) CESSATION IN ELIGIBLE FARMING BUSI- relating to section 4973 and inserting the fol-
NESS.—At the close of the first disqualifica-
fied as farmers under IRS definitions,
lowing new item:
tion period after a period for which the tax- would have been eligible to use these
‘‘Sec. 4973. Excess contributions to certain accounts. Only 725,000 of those filed a
payer was engaged in an eligible farming
accounts, annuities, etc.’’ net income while 1.5 million filed a net
business, there shall be deemed distributed
(d) TAX ON PROHIBITED TRANSACTIONS.—
from the FARRM Account (if any) of the tax- loss.
payer an amount equal to the balance in (1) Subsection (c) of section 4975 of such
Code (relating to prohibited transactions) is
Now that could mean one of two
such Account at the close of such disquali- things: (1) fewer and fewer farmers are
fication period. For purposes of the preced- amended by adding at the end the following
new paragraph: able to stay in the black or; (2) more
ing sentence, the term ‘disqualification pe-
‘‘(6) SPECIAL RULE FOR FARRM ACCOUNTS.—A and more farmers are going out of busi-
riod’ means any period of 2 consecutive tax-
able years for which the taxpayer is not en- person for whose benefit a FARRM Account ness. We cannot continue to treat our
gaged in an eligible farming business. (within the meaning of section 468C(d)) is es- farmers and ranchers as second class
‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- tablished shall be exempt from the tax im- citizens in our tax code.
lar to the following rules shall apply for pur- posed by this section with respect to any The second part of this title contains
transaction concerning such Account (which
poses of this section: language that I introduced earlier this
‘‘(A) Section 408(e)(2) (relating to loss of would otherwise be taxable under this sec-
tion) if, with respect to such transaction, the year. This language would allow farm-
exemption of account where individual en- ers to use average their income over
gages in prohibited transaction). account ceases to be a FARRM Account by
reason of the application of section three years and make that tool perma-
‘‘(B) Section 408(e)(4) (relating to effect of
pledging account as security). 468C(f)(3)(A) to such Account.’’ nent in the tax code. This bill will give
‘‘(C) Section 408(g) (relating to community (2) Paragraph (1) of section 4975(e) of such American farmers a fair tool to offset
property laws). Code is amended by redesignating subpara- the unpredictable nature of their busi-
‘‘(D) Section 408(h) (relating to custodial graphs (E) and (F) as subparagraphs (F) and ness.
accounts). (G), respectively, and by inserting after sub- The question is who will benefit most
‘‘(4) TIME WHEN PAYMENTS DEEMED MADE.— paragraph (D) the following new subpara-
graph:
from income averaging and farm sav-
For purposes of this section, a taxpayer shall ings accounts. This is the best part—
be deemed to have made a payment to a ‘‘(E) a FARRM Account described in sec-
tion 468C(d),’’. this legislation will allow farmers to
FARRM Account on the last day of a taxable
(e) FAILURE TO PROVIDE REPORTS ON delay payment of their taxes by reduc-
year if such payment is made on account of
such taxable year and is made within 31⁄2
FARRM ACCOUNTS.—Paragraph (2) of section ing their overall income and spreading
6693(a) of such Code (relating to failure to it out over a number of years.
months after the close of such taxable year.
provide reports on certain tax-favored ac- However, based on the tax rate sched-
‘‘(5) INDIVIDUAL.—For purposes of this sec-
counts or annuities) is amended by redesig- ule, this bill would favor farmers in the
tion, the term ‘individual’ shall not include
nating subparagraphs (C) and (D) as subpara-
an estate or trust.
graphs (D) and (E), respectively, and by in-
lower tax bracket. If a farmer could use
‘‘(g) REPORTS.—The trustee of a FARRM these tools to reduce their tax burden
Account shall make such reports regarding serting after subparagraph (B) the following
new subparagraph: from one year to the next, it is very
such Account to the Secretary and to the
person for whose benefit the Account is ‘‘(C) section 468C(g) (relating to FARRM conceivable that taxpayer would pay
maintained with respect to contributions, Accounts).’’ only 15% on his income compared to
distributions, and such other matters as the (f) CLERICAL AMENDMENT.—The table of 28%. That is a significant savings.
Secretary may require under regulations. sections for subpart C of part II of sub- This bill leaves the business decisions
The reports required by this subsection shall chapter E of chapter 1 of such Code is amend- in the hands of farmers, not the gov-
be filed at such time and in such manner and ed by inserting after the item relating to
section 468B the following new item:
ernment. Farmers can decide whether
furnished to such persons at such time and in
to defer income and when to withdraw
such manner as may be required by those ‘‘Sec. 468C. Farm and Ranch Risk Manage-
regulations.’’ funds to supplement operations.
ment Accounts.’’ Farmers and ranchers labor seven
(b) DEDUCTION ALLOWED IN COMPUTING AD-
(g) EFFECTIVE DATE.—The amendments days a week, from dawn until dusk, to
JUSTED GROSS INCOME.—Subsection (a) of sec-
made by this section shall apply to taxable
tion 62 of such Code (defining adjusted gross
years beginning after the date of the enact-
provide our nation with the world’s
income) is amended by inserting after para- best produce, dairy products and
ment of this Act.
graph (17) the following new paragraph: meats. Farming is a difficult business
SEC. 202. PERMANENT EXTENSION OF INCOME
‘‘(18) CONTRIBUTIONS TO FARM AND RANCH
AVERAGING FOR FARMERS. requiring calloused hands and rarely a
RISK MANAGEMENT ACCOUNTS.—The deduction
allowed by section 468C(a).’’ Section 933(c) of the Taxpayer Relief Act of profitable financial reward. This pro-
(c) TAX ON EXCESS CONTRIBUTIONS.— 1997 is amended by striking ‘‘, and before fession is not getting any easier.
(1) Subsection (a) of section 4973 of such January 1, 2001’’. Today, we are seeing more and more of
Code (relating to tax on certain excess con- Mr. BURNS. Mr. President, I rise our family farms swallowed up by the
tributions) is amended by striking ‘‘or’’ at today along with Senators LOTT, corporate farms.
the end of paragraph (3), by redesignating CRAIG, GRASSLEY, HAGEL, ROBERTS, Farming has always been a family af-
paragraph (4) as paragraph (5), and by insert- SESSIONS, SHELBY, and THOMAS to in- fair. Rural communities rely on the
ing after paragraph (3) the following new
troduce the Family Investment and family farm for their own economic
paragraph:
‘‘(4) a FARRM Account (within the mean- Rural Savings Tax (FIRST) Act of 1998. sustenance. Although family farms are
ing of section 468C(d)), or’’. Mr. President, today’s family farms traditionally passed on from father to
(2) Section 4973 of such Code is amended by are in jeopardy. This bill will help all son—it is becoming more and more dif-
adding at the end the following new sub- Americans as well as our nation’s ficult as the economics of farming are
section: farming families. becoming more and more complicated.
‘‘(g) EXCESS CONTRIBUTIONS TO FARRM AC- The bill consists of two titles—the Further tightening of the belt on these
COUNTS.—For purposes of this section, in the
first will reduce the top individual cap- folks can only mean the eventual loss
case of a FARRM Account (within the mean-
ing of section 468C(d)), the term ‘excess con- ital gains tax rate from 20% to 15% and of the family farm.
tributions’ means the amount by which the reduces the capital gains tax rate for Montana’s farmers take pride in
amount contributed for the taxable year to individuals with lower incomes from their harvests. You could call today’s
the Account exceeds the amount which may 10% to 7.5%. farmer the ultimate environmentalist.
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9431
They know how to take care of the ductibility of health insurance premiums for ranchers, and look forward to working with
land and ensure that future harvests the self-employed and the creation of farm you in the future.
will be plentiful. As land managers, and ranch risk management accounts Sincerely,
(FARRM). DAN DANNER,
farmers understand the importance of We applaud you for introducing legislation Vice President,
proper land stewardship. that encompasses the creation of FARRM ac- Federal Governmental Relations.
Those colleagues of mine who grew counts and makes income averaging a per-
up on a farm or ranch would certainly manent part of the tax code. FARRM ac- By Mr. BOND (for himself, Ms.
understand the frustration of this busi- counts will help producers by providing in- SNOWE, and Mr. BENNETT):
ness. Farmers and ranchers don’t re- centives to save during good times for times S. 2372. A bill to provide for a pilot
ceive an annual salary. They cannot that are not. Income averaging will help pro- loan guarantee program to address
rely on income that may not be there ducers by allowing them to manage their Year 2000 problems of small business
volatile incomes for financial planning.
at the end of the year and they cer- A reduction in capital gains tax rates is
concerns, and for other purposes; to the
tainly cannot count on a monthly pay- also part of your legislation. Because farm- Committee on Small Business.
check. This is a crucial time for family ing and ranching is a capital intensive busi- SMALL BUSINESS YEAR 2000 READINESS ACT
farms and tax relief can mean the dif- ness, capital gains taxes have a huge impact Mr. BOND. Mr. President, I rise
ference between keeping the family on agriculture. Lower capital gains tax rates today to introduce the Small Business
farm for future generations or losing will help producers by making it easier for Year 2000 Readiness Act along with my
it. them to invest in their businesses and make colleagues Senators BENNETT and
the best use of their capital assets. SNOWE. This bill provides small busi-
With the recent passage of the Farm We support your legislation and pledge our
Bill, farmers are more than ever im- help to secure its passage into law. nesses with the resources necessary to
pacted by market forces and in the Agricultural Retailers Association. repair Year 2000 computer problems.
farming business, those market forces Alabama Farmers Federation . This legislation is an important step
can be very unpredictable. American Farm Bureau Federation. toward avoiding the widespread failure
Market forces in farming are very American Horse Council. of small businesses.
American Nursery and Landscape Associa- The problem, as many Senators are
unique—drought, flooding, infestation tion.
and disease all play a vital role in a American Sheep Industry Association. aware, is that certain computers and
farmer’s bottom line. And it’s not often American Soybean Association. processors in automated systems will
when the elements of mother nature American Sugarbeet Growers Association. fail because such systems will not rec-
allow for a profitable harvest. Communicating for Agriculture. ognize the Year 2000. My colleague Sen-
Farm Credit Council. ator BENNETT, who is the Chairman of
At best, most farmers are lucky to The Fertilizer Institute.
break even more than two years in a National Association of State Departments the Senate Special Year 2000 Tech-
row. One year may be a windfall, while of Agriculture. nology Problem Committee and is co-
the next may mean bankruptcy. Farm- National Association of Wheat Growers. sponsoring this bill, is very well versed
ers and ranchers are forced to make National Barley Growers Association. in this problem and has been active in
large capital investments in machin- National Cattlemen’s Beef Association. getting the word out to industries and
National Corn Growers Association. to agencies of the federal government
ery, livestock and improvements to National Cotton Council of America.
their properties. National Council of Farmer Cooperatives. of the drastic consequences that may
Agricultural markets are rarely pre- National Grain Sorghum Producers Asso- result from the Y2K problem.
dictable. Farmers, more than any other ciation. Recently, the Committee on Small
sector of our economy are likely to ex- National Grange. Business, which I chair, held hearings
perience substantial fluctuations in in- National Pork Producers Council. on the effect the Y2K problem will have
National Sunflower Association. on small businesses. The outlook is not
come. North Carolina Peanut Growers Associa-
We also need to address the issue of tion.
good. The Committee received testi-
the estate tax. This is a death blow to United Fresh Fruit and Vegetable Associa- mony that the companies most at risk
a family farm that has been passed tion. from Y2K failures are small and me-
down through the generations. A fam- USA Rice Federation. dium-sized industries, not larger com-
ily farm in Montana is not really re- panies. The major reasons for this
NATIONAL FEDERATION OF INDEPEND- anomaly is that many small companies
ferred to as an estate. We call it home,
ENT BUSINESS—THE VOICE OF have not begun to realize how much of
we call it work, and we call it our lives, SMALL BUSINESS,
but we don’t call it an estate. a problem Y2K failures will be and may
July 29, 1998.
I urge my colleagues to support this Hon. CONRAD BURNS, not have the access to capital to cure
bill and urge you also to support future U.S. Senate, Washington, DC. such problems before they cause disas-
bills such as estate tax relief legisla- DEAR SENATOR BURNS: I am writing to trous effects.
tion to encourage America’s farming commend you for introducing legislation, A study on Small Business and the
family of a safe and secure future. ‘‘The Family Investment and Rural Savings Y2K Problem sponsored by Wells Fargo
Tax (FIRST) Act of 1998, that will provide Bank and the NFIB found that an esti-
I have letters in support of this bill
needed tax relief to small businesses and mated four and three-quarter million
signed by numerous agriculture groups farms.
as well as a letter from the National small employers are exposed to the
Among other provisions, this legislation
Federation of Independent Businesses would reduce and simplify the current cap- Y2K problem. This equals approxi-
(NFIB). I ask unanimous consent to ital gains tax for the many small business mately 82 percent of all small busi-
have both of these letters printed in owners who file as individuals. Small busi- nesses that have at least two employ-
the RECORD. nesses face unique difficulties trying to ob- ees. Such exposure to the Y2K problem
There being no objection, the letters tain capital, including lack of access to the will have devastating affects on our
securities market and difficulty in getting economy generally. As the result of
were ordered to be printed in the bank loans. They often must get their cap-
RECORD, as follows: communications with small businesses,
ital from the business itself, family members
July 23, 1998. computer manufacturers, consultants
or associates. Small businesses, therefore,
Hon. CONRAD BURNS, need capital gains relief that will promote and groups, the Small Business Com-
U.S. Senate, Dirksen Senate Office Building, investment by both investors and business mittee has found there is significant
Washington, DC. owners themselves. likelihood that the Y2K issue will
DEAR SENATOR BURNS: Farming and ranch- The FIRST Act also contains needed relief cause many small businesses to close,
ing is a high risk endeavor. Problems due to to help farmers and ranchers by allowing eli- playing a large role in Federal Reserve
this year’s adverse weather and low prices gible ones to make contributions to tax de- Chairman Greenspan’s prediction of a
provide a vivid illustration of the difficulties ferred accounts and by restoring income 40 percent chance for recession at the
that can be caused by nature and markets. averaging. We very much support extending
The tax code can and should help producers income averaging to small businesses, as
beginning of the new millennium.
deal with financial uncertainties unique to well, and hope that Congress will consider The Committee received information
agriculture. Agricultural organizations have this soon. indicating that approximately 330,000
recommended estate tax relief, permanent We applaud your efforts to reduce the tax small businesses will shut down due to
income averaging for farmers, the full de- burden on small businesses, farmers and the Y2K problem and an even larger
S9432 CONGRESSIONAL RECORD — SENATE July 30, 1998
number will be severely crippled. Such even begun the initial task of deter- growing segment of our economy in the
failures will affect not only the em- mining how much of a problem they Year 2000 and beyond.
ployees and owners of such small busi- may have or taken steps to ensure that Mr. President, I ask unanimous con-
nesses, but also the creditors, suppliers their businesses are not impaired by sent that the full text of the bill be
and customers of such failed small this problem. printed in the RECORD.
businesses. Lenders, including banks Given the effects a substantial num- There being no objection, the bill was
and non-bank lenders, that have ex- ber of small business failures will have ordered to be printed in the RECORD, as
tended credit to small businesses will on our nation’s economy, it is impera- follows:
face significant losses if small busi- tive that Congress take steps to ensure S. 2372
nesses either go out of business or have that small businesses are aware of the Be it enacted by the Senate and House of Rep-
a sustained period in which they can- Y2K problem and have access to capital resentatives of the United States of America in
not operate. to fix such problems. Moreover, it is Congress assembled,
It must be remembered that the Y2K imperative that Congress take such SECTION 1. SHORT TITLE.
problem is not a problem for only those This Act may be cited as the ‘‘Small Busi-
steps before the problem occurs, not
businesses that have large computer ness Year 2000 Readiness Act’’.
after it has already happened. There- SEC. 2. FINDINGS.
networks or mainframes. A small busi- fore, today I am introducing the Small Congress finds that—
ness is at risk if it uses any computers Business Year 2000 Readiness Act. (1) the failure of many computer programs
in its business, if it has customized This Act will serve the dual purpose to recognize the Year 2000 will have extreme
software, if it is conducting e-com- of providing small businesses with the negative financial consequences in the Year
merce, if it accepts credit card pay- means to continue operating success- 2000 and in subsequent years for both large
ments, if it uses a service bureau for its fully after January 1, 2000, and making and small businesses;
payroll, if it depends on a data bank for lenders and small firms more aware of (2) small businesses are well behind larger
information, if it has automated equip- the dangers that lie ahead. The Act re- businesses in implementing corrective
ment for communicating with its sales changes to their automated systems—85 per-
quires the Small Business Administra- cent of businesses with 200 employees or less
or service force of if it has automated tion to establish a limited-term loan have not commenced inventorying the
manufacturing equipment. program whereby SBA would guarantee changes they must make to their automated
A good example of how small busi- 50 percent of the principal amount of a systems to avoid Year 2000 problems;
nesses are dramatically affected by the loan made by a private lender to assist (3) many small businesses do not have ac-
Y2K problem is the experience of John small businesses in correcting Year cess to capital to fix mission critical auto-
Healy, the owner of Coventry Spares 2000 computer problems. The loan mated systems; and
Ltd. in Holliston, Massachusetts, as re- amount would be capped at $50,000. The (4) the failure of a large number of small
ported in INC Magazine. Coventry businesses will have a highly detrimental ef-
guarantee limit and loan amount will fect on the economy in the Year 2000 and in
Spares is a distributor of vintage mo- limit the exposure of the government subsequent years.
torcycle parts. Like many small busi- and ensure that eligible lenders retain SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN
ness owners, Mr. Healy’s business de- sufficient risk so that they make sound GUARANTEE PROGRAM.
pends on trailing technology purchased underwriting decisions. (a) PROGRAM ESTABLISHED.—Section 7(a) of
over the years, including a 286 com- The Y2K loan program guidelines will the Small Business Act (15 U.S.C. 636(a)) is
puter, with software that is 14 years be based on the guidelines SBA has al- amended by adding at the end the following:
old and an operating system that is six ready established governing its ‘‘(27) YEAR 2000 COMPUTER PROBLEM PILOT
or seven versions out of date. Mr. PROGRAM.—
FA$TRACK pilot program. Lenders
‘‘(A) DEFINITIONS.—In this paragraph—
Healy uses this computer equipment, originating loans under the Y2K loan ‘‘(i) the term ‘eligible lender’ means any
among other matters, for handling the program would be permitted to process lender designated by the Administration as
company’s payroll, ordering, inventory and document loans using the same in- eligible to participate in—
control, product lookup and maintain- ternal procedures they would on loans ‘‘(I) the Preferred Lenders Program au-
ing a database of customers and sub- of a similar type and size not governed thorized by the proviso in section 5(b)(7); or
scribers to a vintage motorcycle maga- by a government guarantee. Otherwise, ‘‘(II) the Certified Lenders Program au-
zine he publishes. The system handles the loans are subject to the same re- thorized in paragraph (19); and
85 percent of his business and, without ‘‘(ii) the term ‘Year 2000 computer prob-
quirements as all other loans made
lem’ means, with respect to information
it working properly, Mr. Healy stated under the (7)(a) loan program. technology, any problem that prevents the
that ‘‘I’d be a dead duck in the water.’’ Under the loan program, each lender information technology from accurately
Unlike many small business owners, designated as a Preferred Lender or processing, calculating, comparing, or se-
however, Mr. Healy is aware of the Y2K Certified Lender by SBA would be eli- quencing date or time data—
problem and tested his equipment to gible to participate in the Y2K loan ‘‘(I) from, into, or between—
see if his equipment could handle the program. This would include approxi- ‘‘(aa) the 20th or 21st centuries; or
Year 2000. His tests confirmed his mately 1,000 lenders that have received ‘‘(bb) the years 1999 and 2000; or
fear—the equipment and software could special authority from the SBA to ‘‘(II) with regard to leap year calculations.
‘‘(B) ESTABLISHMENT OF PROGRAM.—The Ad-
not process the year 2000 date and originate loans under SBA’s existing ministration shall—
would not work properly after Decem- 7(a) loan program. The Year 2000 loan ‘‘(i) establish a pilot loan guarantee pro-
ber 21, 1999. Therefore, Mr. Healy will program would sunset after October 31, gram, under which the Administration shall
have to expand over $20,000 to keep his 2001. guarantee loans made by eligible lenders to
business afloat. The experience of Mr. To assure that the loan program is small business concerns in accordance with
Healy has been and will continue to be made available to those small busi- this subsection; and
repeated across the country as small nesses that need it, the legislation re- ‘‘(ii) notify each eligible lender of the es-
businesses realize the impact the Y2K quires SBA to inform all lenders eligi- tablishment of the program under this para-
graph.
problem will have on their business. ble to participate in the program of the
‘‘(C) USE OF FUNDS.—A small business con-
The Gartner Group, an international loan program’s availability. It is in- cern that receives a loan guaranteed under
computer consulting firm, has con- tended that these lenders, in their own this paragraph shall use the proceeds of the
ducted studies showing small busi- self-interest, will contact their small loan solely to address the Year 2000 com-
nesses are way behind—the worst of all business customers to ensure that they puter problems of that small business con-
sectors studied—where they need to be are Y2K complaint and inform them of cern, including the repair or acquisition of
in order to avoid significant failures the loan program if they are not. information technology systems and other
due to non-Y2K compliance. It esti- The Small Business Year 2000 Readi- automated systems.
mates that only 15 percent of all busi- ness Act is a necessary step to ensure ‘‘(D) MAXIMUM AMOUNT.—The total amount
of a loan made to a small business concern
nesses with under 200 employees have that the economic health of this coun- and guaranteed under this paragraph shall
even begun to inventory the automated try is not marred by a substantial not exceed $50,000.
systems that may be affected by this number of small business failures fol- ‘‘(E) GUARANTEE LIMIT.—The guarantee
computer glitch. That means that 85 lowing January 1, 2000, and that small percentage of a loan guaranteed under this
percent of small businesses have not be businesses continue to be the fastest paragraph shall not exceed 50 percent of the
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9433
balance of the financing outstanding at the Oversight and the Courts has jurisdic- locally. The bill also allows a district
time of disbursement of the loan. tion over this matter, and I am very with a current ADR program that’s
‘‘(F) REPORT.—The Administration shall pleased that the ranking member of working well to continue the program.
annually submit to the Committees on Small
the subcommittee, Senator DURBIN, has This bill is the Senate companion to
Business of the House of Representatives and
the Senate a report on the results of the pro- joined me in sponsoring this bill. It H.R. 3528, which was reported out of
gram under this paragraph, which shall in- will require every Federal district the Judiciary Committee today with-
clude information relating to— court in the country to institute an al- out any opposition. Our bill tracks the
‘‘(i) the number and amount of loans guar- ternative dispute resolution, or ADR, original House bill, except for some
anteed under this paragraph; program. The bill will provide parties findings and a few technical changes to
‘‘(ii) whether the loans guaranteed were and district court judges with options improve the legislation. These changes
made to repair or replace information tech- other than the traditional, costly and were included in the bill reported out
nology and other automated systems; and
adversarial process of litigation. of committee. The House bill received
‘‘(iii) the number of eligible lenders par-
ticipating in the program.’’.
ADR programs have been gaining in overwhelming, bipartisan support,
(b) REGULATIONS.— popularity and respect for years now. passing 405–2.
(1) IN GENERAL.—Not later than 60 days For example, many contracts drafted The Department of Justice, along
after the date of enactment of this Act, the today—between private parties, cor- with the administration, the Adminis-
Administrator of the Small Business Admin- porations, and even nations—include trative Office of the Courts, and the
istration shall issue final regulations to arbitration clauses. Most State and American Bar Association, including
carry out the program under section 7(a)(27) Federal bar associations, including the its business section, all support the
of the Small Business Act, as added by this
ABA, have established committees to legislation with these improvements.
section.
(2) REQUIREMENTS.—Except to the extent focus on ADR. Also, comprehensive The consensus is clear: ADR has an im-
inconsistent this section or section 7(a)(27) of ADR programs are flourishing in many portant role to play in our Federal
the Small Business Act, as added by this sec- of the States. court system.
tion, the regulations issued under this sub- ADR is also being used at the Federal Mr. President, this bill is a step in
section shall be substantially similar to the level. In 1990, for example, President the right direction for the administra-
requirements governing the FA$TRACK pilot Bush signed into law a bill that I intro- tion of justice in our country. In-
program of the Small Business Administra- duced called the Administrative Dis- creased availability of ADR will bene-
tion, or any successor pilot program to that pute Resolutions Act. The law pro- fit all of us. It should be an option to
pilot program.
(c) REPEAL.—Effective on October 1, 2001, moted the increased use of ADR in Fed- people in every judicial district of the
this section and the amendment made by eral agency proceedings. In 1996, be- country. This bill assures that it will
this section are repealed. cause ADR was working so well, we be.
SEC. 4. PILOT PROGRAM REQUIREMENTS. permanently re-authorized the law.
Section 7(a)(25) of the Small Business Act And earlier this year, the executive By Mr. SARBANES:
(15 U.S.C. 636(a)(25)) is amended by adding at branch recommitted themselves to S. 2374. A bill to provide additional
the end the following: using ADR as much as possible. funding for repair of the Korean War
‘‘(D) NOTIFICATION OF CHANGE.—Not later Since the late 1970s, our Federal dis- Veterans Memorial; to the Committee
than 30 days prior to initiating any pilot pro- on Energy and Natural Resources.
gram or making any change in a pilot pro-
trict courts have also been successfully
gram under this subsection that may affect introducing ADR. In 1998, we author- KOREAN WAR VETERANS MEMORIAL
ized 20 district courts to begin imple- LEGISLATION
the subsidy rate estimates for the loan pro-
gram under this subsection, the Administra- menting ADR programs. The results ∑ Mr. SARBANES. Mr. President,
tion shall notify the Committees on Small were very encouraging, so last year we today I am introducing legislation to
Business of the House of Representatives and made these programs permanent. It’s fix and restore one of our most impor-
the Senate, which notification shall in- time to take another step and make tant monuments, the Korean War Vet-
clude— ADR available in all district courts. erans Memorial. My bill would author-
‘‘(i) a description of the proposed change; Mr. President, ADR allows innova- ize the Secretary of the Army to pro-
and
tions and flexibility in the administra- vide, within existing funds, up to $2
‘‘(ii) an explanation, which shall be devel-
oped by the Administration in consultation tion of justice. The complex legal prob- million to complete essential repairs to
with the Director of the Office of Manage- lems that people have demand creative the Memorial.
ment and Budget, of the estimated effect and flexible solutions on the part of the The Korean War Memorial is the
that the change will have on the subsidy courts. There are numerous benefits to newest war monument in Washington,
rate. providing people with alternatives to DC. It was authorized in 1986 by Public
‘‘(E) REPORT ON PILOT PROGRAMS.—The Ad- traditional litigation. For example, a Law 99–752 which established a Presi-
ministration shall annually submit to the recent Northwestern University study dential Advisory Board to raise funds
Committees on Small Business of the House and oversee the design of the project,
of Representatives and the Senate a report
of ADR programs in State courts indi-
on each pilot program under this subsection, cated that mediation significantly re- and charged the American Battle
which report shall include information relat- duced the duration of lawsuits and pro- Monuments Commission with the man-
ing to— duced significant cost savings for liti- agement of this project. The authoriza-
‘‘(i) the number and amount of loans made gants. That means fewer cases on the tion provided $1 million in federal
under the pilot program; docket and decreased costs. The Fed- funds for the design and initial con-
‘‘(ii) the number of lenders participating in eral courts should be taking every op- struction of the memorial and Korean
the pilot program; and portunity to reap the benefits that the War Veterans’ organizations and the
‘‘(iii) the default rate, delinquency rate, Advisory Board raised over $13 million
and recovery rate for loans under each pilot
state courts have been enjoying.
program, as compared to those rates for Mr. President, the fact of the matter in private donations to complete the
other loan programs under this subsection.’’. is that ADR works. The future of jus- facility. Construction on the memorial
tice in this country includes ADR. Per- began in 1992 and it was dedicated on
By Mr. GRASSLEY (for himself haps one of the signs of this is that July 27, 1995.
and Mr. DURBIN): many of the best law, business, and For those who haven’t visited, the
S. 2373. A bill to amend title 28, graduate schools in the country are be- Memorial is located south of the Viet-
United States Code, with respect to the ginning to emphasize training in nego- nam Veteran’s Memorial on the Mall,
use of alternative dispute resolution tiation, mediation, and other kinds of to the east of the Lincoln Memorial.
processes in United States district dispute resolution. Designed by world class Cooper Lecky
courts, and for other purposes; to the Quite simply, this bill will increase Architects, the monument contains a
Committee on the Judiciary. the availability of ADR in our Federal triangular ‘‘field of service,’’ with 19
ALTERNATIVE DISPUTE RESOLUTION ACT courts. It mandates that every district stainless steel, larger than life statues,
Mr. GRASSLEY. Mr. President, I rise court establish some form of profes- depicting a squad of soldiers on patrol.
today to introduce the Alternative Dis- sional ADR program. It provides the A curb of granite north of the statues
pute Resolution Act of 1998. My Judici- district, however, with the flexibility lists the 22 countries of the United Na-
ary Subcommittee on Administrative to decide what kind of ADR works best tions that sent troops in defense of
S9434 CONGRESSIONAL RECORD — SENATE July 30, 1998
South Korea. To the south of the patrol served in the ‘‘Forgotten War.’’ I urge their land. The bill provides that when
stands a wall of black granite, with en- my colleagues to join me in supporting land is sold for conservation purposes,
graved images of more than 2,400 this important legislation. only one half of any gain will be in-
unamed servicemen and women detail- Mr. President, I ask unanimous con- cluded in income. The other half can be
ing the countless ways in which Ameri- sent that the text of the bill be printed excluded from income, and the effect of
cans answered the call to service. Adja- in the RECORD. this exclusion is to cut in half the cap-
cent to the wall is a fountain which is There being no objection, the bill was ital gains tax the seller would other-
supposed to be encircled by a Memorial ordered to be printed in the RECORD, as wise have to pay. The bill will apply to
Grove of linden trees, creating a peace- follows: land and to partial interests in land
ful setting for quiet reflection. When S. 2374 and water.
this memorial was originally created, Be it enacted by the Senate and House of Rep- It will enable landowners to perma-
it was intended to be a lasting and fit- resentatives of the United States of America in nently protect a property’s environ-
ting tribute to the bravery and sac- Congress assembled, mental value without forgoing the fi-
rifice of our troops who fought in the SECTION 1. ADDITIONAL FUNDING FOR KOREAN nancial security it provides. The bill’s
‘‘Forgotten War.’’ Unfortunately, just WAR VETERANS MEMORIAL. benefits are available to landowners
Section 3 of Public Law 99–572 (40 U.S.C. who sell land either to a government
three years after its dedication, the
1003 note) is amended by adding at the end agency or to a qualified conservation
monument is not lasting and is no the following:
longer fitting. nonprofit organization, as long as the
‘‘(c) ADDITIONAL FUNDING.— land will be used for such conservation
The Memorial has not functioned as ‘‘(1) IN GENERAL.—In addition to amounts
it was originally conceived and de- purposes as protection of fish, wildlife
made available under subsections (a) and (b),
signed and has instead been plagued by the Secretary of the Army may expend, from or plant habitat, or as open space for
a series of problems in its construction. any funds available to the Secretary on the agriculture, forestry, outdoor recre-
The grove of 40 linden trees have all date of enactment of this paragraph, ation or scenic beauty.
$2,000,000 for repair of the memorial. Land is being lost to development
died and been removed from the
‘‘(2) DISPOSITION OF FUNDS RECEIVED FROM and commercial use at an alarming
ground, leaving forty gaping holes. The CLAIMS.—Any funds received by the Sec- rate. By Department of Agriculture es-
pipes feeding the ‘‘pool of remem- retary of the Army as a result of any claim timates, more than four square miles
brance’s’’ return system have cracked against a contractor in connection with con- of farmland are lost to development
and the pool has been cordoned off. The struction of the memorial shall be deposited every day, often with devastating ef-
monument’s lighting system has been in the general fund of the Treasury.’’.∑
fects on the habitat wildlife need to
deemed inadequate and has caused
By Mr. JEFFORDS: thrive. Without additional incentives
safety problems for those who wish to
S. 2376. A bill to amend the Internal for conservation, we will continue to
visit the site at night. As a result,
Revenue Code of 1986 to provide tax in- lose ecologically valuable land.
most of the 1.3 million who visit the A real-life example from my home
monument each year—many of whom centives for land sales for conservation
purposes; to the Committee on Fi- state illustrates the need for this bill.
are veterans—must cope with construc- A few years ago, in an area of Vermont
tion gates or areas which have been nance.
known as the Northeast Kingdom, a
cordoned off instead of experiencing THE CONSERVATION TAX INCENTIVES ACT OF 1998
large well-managed forested property
the full effect of the Memorial. ∑ Mr. JEFFORDS. Mr. President,
came on the market. The land had ap-
Let me read a quote from the Wash- today, I am introducing the Conserva-
preciated greatly over the years and
ington Post—from a Korean War Vet- tion Tax Incentives Act of 1998, a bill
was very valuable commercially. With
eran, John LeGault who visited the that will result in a reduction in the more than 3,000 acres of mountains,
site—that I think captures the frustra- capital gains tax for landowners who forests, and ponds, with hiking trails,
tion associated with not having a fit- sell property for conservation purposes. towering cliffs, scenic views and habi-
ting and complete tribute for the Ko- This bill creates a new incentive for tat for many wildlife species, the prop-
rean War. He says, ‘‘Who cares?’’ ‘‘That private, voluntary land protection. erty was very valuable environ-
was the forgotten war and this is the This legislation is a cost-effective non- mentally. Indeed, the State of Vermont
forgotten memorial.’’ Mr. President, regulatory, market-based approach to was anxious to acquire it and preserve
we ought not to be sunshine patriots conservation, and I urge my colleagues it for traditional agricultural uses and
when it comes to making decisions to join me in support of it. habitat conservation.
which affect our veterans. Too often, The tax code’s charitable contribu- After the property had been on the
we are very high on the contributions tion deduction currently provides an market for a few weeks, the seller was
that our military makes in times of incentive to taxpayers who give land contacted by an out-of-state buyer who
crisis, but when a crisis fades from the away for conservation purposes. That planned to sell the timber on the land
scene, we seem to forget about this sac- is, we already have a tax incentive to and to dispose of the rest of the prop-
rifice. Our veterans deserve better. encourage people to donate land or erty for development. After learning of
To resolve these problems and re- conservation easements to government this, the State quickly moved to obtain
store this monument to something agencies like the Fish and Wildlife appraisals and a legislative appropria-
that our Korean War Veterans can be Service or to citizens’ groups like the tion in preparation for a possible pur-
proud of, the U.S. Army Corps of Engi- Vermont Land Trust. This incentive chase of the land by the State. Subse-
neers conducted an extensive study of has been instrumental in the conserva- quently, the State and The Nature
the site in an effort to identify, com- tion of environmentally significant Conservancy made a series of purchase
prehensively, what corrective actions land across the country. offers to the landowner. The out-of-
would be required. The Corps has deter- Not all land worth preserving, how- state buyer however, prevailed upon
mined that an additional $2 million ever, is owned by people who can afford the landowner to accept his offer.
would be required to complete the res- to give it away. For many landowners, Local newspaper headlines read, ‘‘State
toration of the grove work and replace their land is their primary financial of Vermont Loses Out On Northeast
the statuary lighting. My legislation asset, and they cannot afford to donate Kingdom Land Deal.’’ The price accept-
would provide the authority for the it for conservation purposes. While ed by the landowner was only slightly
funds to make these repairs swiftly and they might like to see their land pre- higher than the amount the State had
once and for all. served in its underdeveloped state, the offered. Had the bill I’m introducing
With the 50th anniversary of the Ko- tax code’s incentive for donations is of today been on the books, the lower
rean War conflict fast approaching, we no help. offer by the State may well have been
must ensure that these repairs are The Conservation Tax Incentives Act as attractive—perhaps more so—than
made as soon as possible. This addi- will provide a new tax incentive for the amount offered by the developer.
tional funding would ensure that we sales of land for conservation by reduc- This bill provides an incentive-based
have a fitting, proper, and lasting trib- ing the amount of income that land- means for accomplishing conservation
ute to those who served in Korea and owners would ordinarily have to re- in the public interest. It helps tax dol-
that we will never forget those who port—and pay tax on—when they sell lars accomplish more, allowing public
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9435
and charitable conservation funds to go in income. The couple would pay $21,500 sents an opportunity to make tremen-
to higher-priority conservation in capital gains tax (at a rate of 20% on dous progress in improving our na-
projects. Preliminary estimates indi- the $107,500 gain includible in income) tional air quality through a simple,
cate that with the benefits of this bill, and thus net $218,500 ($240,000 sales cost-effective measure. Today, 70 mil-
nine percent more land could be ac- price minus $21,500 tax). Despite having lion people—30 percent of the nation’s
quired, with no increase in the amount accepted a sales price $10,000 below the population—live in counties which ex-
governments currently spend for con- developer’s offer, the couple will keep ceed heatlh-based ozone standards. For
servation land acquisition. At a time $13,000 more than they would have kept just a few pennies a gallon, we can
when little money is available for con- if they had accepted his offer. make our urban environment appre-
servation, it is important that we The end result is a win both for the ciably better.
stretch as far as possible the dollars landowners, who end up with more Sulfur in gasoline contaminates
that are available. money in their pocket than they would catalytic converters so that they re-
State and local governments will be have had after a sale to an outsider, move less of the nitrogen oxide (NOx),
important beneficiaries of this bill. and for the local community, which is carbon monoxide (CO), and hydro-
Many local communities have voted in able to preserve the land at a lower carbons (HC) contained in tailpipe
favor of raising taxes to finance bond price. This example illustrates how the emissions. These pollutants elevate the
initiatives to acquire land for con- exclusion from income will be espe- levels of particulate matter (PM) and
servation. My bill will help stretch cially beneficial to middle-income, contribute to ground-level ozone. By
these bond proceeds so that they can ‘‘land rich/cash poor’’ landowners who reducing the amount of sulfur allowed
go further in improving the conserva- can’t avail themselves of the tax bene- in gasoline sold nationwide, my bill
tion results for local communities. In fits available to those who can afford will substantially improve air quality,
addition, because the bill applies to to donate land. especially in America’s largest cities.
sales to publicly-supported national, As this bill also applies to partial in- The current average sulfur content in
regional, State and local citizen con- terests in land, the exclusion from in- U.S. gasoline is approximately 330
servation groups, its provisions will come—and the resulting reduction in parts per million (ppm), and ranges as
strengthen private, voluntary work to capital gains tax—will, in certain in- high as 1,000 ppm. the Clean Gasoline
save places important to the quality of stances, also be available to land- Act will impose a year-round cap of 40
life in communities across the country. owners selling partial interests in their ppm on the sulfur content of all gaso-
Private fundraising efforts for land land for conservation purposes. A farm- line sold in the United States. Under
conservation will be enhanced by this er could, for example, sell a conserva- my bill, refineries will also have the
bill, as funds will be able to conserve tion easement, continuing to remain option of meeting an 80 ppm cap, pro-
more, or more valuable, land. on and farm his land, yet still be able vided that they maintain an overall av-
Let me provide an example to show to take advantage of the provisions in erage sulfur content of no more than 30
how I intend the bill to work. Let’s ppm.
this bill. The conservation easement
suppose that in 1952 a young couple Imposing limits on the sulfur content
must meet the tax code’s requirements
purchased a house and a tract of ad- of gasoline will achieve tremendous—
i.e., it must serve a conservation pur- and virtually immediate—air quality
joining land, which they have main- pose, such as the protection of fish or
tained as open land. Recently, the benefits. The emissions reductions
wildlife habitat or the preservation of achieved by lowering gasoline sulfur
county where they lived passed a bond open space (including farmland and for-
initiative to buy land for open space, as levels to 40 ppm would be equivalent to
est land). removing 3 million vehicles from the
county residents wanted to protect the There are some things this bill does
quality of their life from rampant de- streets of New York, and nearly 54 mil-
not do. It does not impose new regula- lion vehicles from our roads nation-
velopment and uncontrolled sprawl. tions or controls on people who own en-
Let’s further assume that the couple, wide.
vironmentally-sensitive land. It does California imposed a similar cap on
now contemplating retirement, is con- not compel anyone to do anything; it is gasoline sulfur beginning in 1996, re-
sidering competing offers for their entirely voluntary. Nor will it increase sulting in significant air quality gains.
land, one from a developer, the other government spending for land con- Japan has already established a 50 ppm
from the county, which will preserve servation. In fact, the effect of this bill gasoline standard, and the European
the land in furtherance of its open- will be to allow better investment of Union currently has a gasoline sulfur
space goals. Originally purchased for tax and charitable dollars used for land standard of 150 ppm—which will drop to
$25,000, the land is now worth $250,000 conservation. 50 ppm beginning in the year 2005.
on the open market. If they sell the The estimated cost of this bill is just The gasoline sulfur cap established
land to the developer for its fair mar- $50 million annually. This modest cost, by my bill will apply year-round. A
ket value, the couple would realize a however, does not take into account seasonal cap is insufficient because the
gain of $225,000 ($250,000 sales price the value of the land conserved. It is damage done to catalytic converters by
minus $25,000 costs), owe tax of $45,000 estimated that for every dollar fore- sulfur poisoning is not fully reversible
(at a rate of 20% on the $225,000 gain), gone by the Federal treasury, $1.76 in by typical driving—meaning that vehi-
and thus net $205,000 after tax. land will be permanently preserved. cle emission controls would be re-
Under my bill, if the couple sold the I urge all my colleagues to join me in poisoned every year when high-sulfur
land for conservation purposes, they support of the Conservation Tax Incen- gasoline returned to the market. In the
could exclude from income one half of tives Act of 1998.∑ absence of national standards, travel
any gain they realized upon the sale. over state boundaries could disable
This means they would pay a lower By Mr. MOYNIHAN (for himself, emissions controls.
capital gains tax; consequently, they Mr. LEVIN, Mr. JEFFORDS, Mr. The current high-sulfur content of
would be in a position to accept a lower LEAHY, Mr. CLELAND, Mr. DUR- U.S. gasoline will also preclude the in-
offer from a local government or a con- BIN, Mr. D’AMATO, and Mrs. troduction of the next generation of
servation organization, yet still end up BOXER): fuel efficiency technologies—most no-
with more money in their pockets than S. 2377. A bill to amend the Clean Air tably fuel cells and direct-injection
they would have had if they had ac- Act to limit the concentration of sulfur gasoline engines. U.S. citizen will not
cepted the developer’s offer. Continu- in gasoline used in motor vehicles; to have access to these advanced tech-
ing with the example from the preced- the committee on Environment and nologies—unless we adopt low sulfur
ing paragraph, let’s assume the couple Public Works. gasoline standards.
sold the property to the county, for the CLEAN GASOLINE ACT OF 1998 Mr. President, I believe our task is
purpose of conservation, at a price of ∑ Mr. MOYNIHAN. Mr. President, I am clear. A national low sulfur gasoline
$240,000. They would realize a gain of proud to introduce today the Clean standard will result in considerable
$215,000 ($240,000 sales price minus Gasoline Act of 1998, a bill to establish health and environmental benefits. It
$25,000 cost). Under my bill, only half of a nationwide, year-round cap on the will maximize the effectiveness of cur-
this gain $107,500, would be includible sulfur content of gasoline. My bill pre- rently available vehicle emissions
S9436 CONGRESSIONAL RECORD — SENATE July 30, 1998
technology, and will enable the intro- gasoline from 300 parts per million valuable step. California has already
duction of the next generation of vehi- (ppm) to 40 ppm within two years from taken such action and now we have the
cle technology into the U.S. market. the date of enactment. opportunity to send a message to the
Refineries can reduce the sulfur con- High sulfur levels in gasoline in- rest of the world, that we, as a nation,
tent of gasoline using existing tech- crease vehicle emissions of nitrogen are committed to cleaner, more fuel ef-
nology that is already being used to oxides (NOx), carbon monoxide (CO), ficient gasoline. Further, we should
supply markets in California, Japan, and hydrocarbons (HC) which in turn signify that we are committed to en-
and the European Union. Our national produce higher levels of particulate suring that our auto industry and the
fleet is already comprised of world- matter (PM) and contribute to ground U.S. consumer are equipped with the
class vehicles. It is time for us to pro- level ozone. Reducing sulfur content infrastructure necessary to take ad-
vide this fleet with world-class fuel. I levels to 40 ppm has been shown to re- vantage of the emerging market for
urge my colleagues to join my cospon- duce Nitrogen Oxides by 51 percent, new, innovative, less polluting auto-
sors and me in supporting this impor- Carbon Monoxide by 40 percent, and mobiles.
tant legislation.∑ Hydrocarbons by 24 percent. Essen- There is a real possibility that if the
∑ Mr. JEFFORDS. Mr. President, I join tially, the sulfur in gasoline inhibits U.S. does not take this action, we
Senator MOYNIHAN in offering legisla- the catalyst in an automobile from would fall behind the rest of the indus-
tion that would reduce the sulfur con- doing its job—which is to reduce the trialized world—a position that the US
tent of gasoline. Current levels of sul- emissions of the aforementioned pol- should never be in—and become the
fur in gasoline lead to high nitrogen lutants. Sulfur is a contaminant only dumping ground for higher sulfur level
oxide, carbon monoxide, and hydro- and does not in any way enhance en- fuels—making it more difficult to shift
carbon emissions by weakening cata- gine performance. to the lower sulfur fuels and inhibiting
lytic converter emission controls. There are two compelling reasons U.S. automakers from producing and
These emissions elevate ground-level which led me to support this bill: First, U.S. consumers from purchasing, clean-
ozone and particulate matter pollution. helping our states attain the health re- er and more fuel efficient technologies.
As we all have learned, long-term ex- quirements set forth by the Clean Air The crux of this issue is that reduc-
posure to ozone pollution can have sig- Act by providing them with a viable ing sulfur content in gasoline to 40
nificant health impacts, including tool for reducing NOx and CO emis- ppm, year round, is a viable, cost-effec-
asthma attacks, breathing and res- sions; and second, updating our gaso- tive tool to dramatically reduce pollut-
piratory problems, loss of lung func- line to keep pace with other industri- ants which cause high levels of Partic-
tion, and lowered immunity to disease. alized nations thereby keeping our ulate Matter as well as Ozone and I
The EPA has compared breathing automotive fleet competitive in the urge my colleagues to support this bill.
ozone to getting a sunburn in your international marketplace. I ask unanimous consent that the
lungs. Children, including Vermont’s In my home state of Georgia, the letter from Mr. Reheis be printed in
approximately 10,000 asthmatic chil- Metro Atlanta area has experienced ex- the RECORD.
dren, are at special risk for adverse tensive difficulties in complying with There being no objection, the letter
health effects from ozone pollution. the standards set forth by the Clean was ordered to be printed in the
Children playing outside in the sum- Air Act. In a recent attempt to meet RECORD, as follows:
mer time, the season when concentra- these standards, the Georgia Depart- GEORGIA DEPARTMENT
tions of ground-level ozone are the ment of Natural Resources (DNR), has OF NATURAL RESOURCES,
greatest, may suffer from coughing, de- voted to implement reduced sulfur con- Atlanta, GA, June 22, 1998.
creased lung function, and have trouble tent in fuel. The rule would require Hon. MAX CLELAND,
catching their breath. Exposure to par- gasoline in the 25 county area sur- U.S. Senate, Dirksen Senate Office Building,
ticulate matter pollution is similarly rounding Atlanta to be reduced to 30 Washington, DC.
ppm by 2003. Georgia is only the second DEAR SENATOR CLELAND: Thank you for
dangerous causing premature death, in- sharing with EPD the proposed bill by Sen-
creased respiratory symptoms and dis- state, after California, to take such in-
ator Moynihan to require the use of low sul-
ease, decreased lung function, and al- novative steps to meet air quality fur gasoline all over the United States. The
terations in lung tissue. These pollut- goals. In my review of this bill, I sent bill is a fine idea, and we have done some-
ants also result in adverse environ- a copy to Harold Reheis, Director of thing similar in Georgia. The Board of Natu-
mental effects such as acid rain and the Georgia Environmental Protection ral Resources, upon my recommendation, re-
visibility impairment. Division (EPD), an agency of the Geor- cently promulgated rules to require low sul-
Mr. President, this bill will reduce gia DNR for his comments. In his re- fur gasoline to be sold in 25 counties in and
sponse, which I will ask unanimous around Metro Atlanta starting May 1999.
these pollutants in our communities,
The proposed Senate bill would result in a
and more importantly it will reduce consent to add as part of the RECORD reduction in air pollutants statewide and na-
these pollutants cost-effectively. To re- after my statement, Mr. Reheis states tionwide. This could help prevent ozone non-
duce the sulfur content of gasoline, re- that the Moynihan bill would ‘‘result attainment problems in other urban areas of
fineries can use currently available in a reduction in air pollutants state- Georgia like Augusta, Columbus, and Macon,
technology. These measures will not wide and nationwide.’’ Further, he which all could have difficulty meeting the
break the bank. California has already added that this bill ‘‘could help prevent tighter federal ozone standards adopted by
adopted the measures in this bill on a ozone nonattainment problems in other USEPA last year.
urban areas of Georgia like Augusta, I think the bill deserves your support.
statewide basis. So have Japan and the Please contact me if you need future infor-
members of the European Union. Columbus, and Macon, which all could mation.
Mr. President, I urge my colleagues have difficulty meeting the tighter fed- Sincerely,
to support this bill. Let’s clean up our eral ozone standards adopted by the HAROLD F. REHEIS,
air so we can all breathe just a little USEPA last year.’’ I encourage all my Director.∑
bit easier.∑ colleagues to contact their State Envi-
∑ Mr. CLELAND. Mr. President, I am ronmental Agencies to request their By Mr. AKAKA:
pleased today to announce that I have input on this matter. S. 2378. A bill to amend title XVIII of
added my name as an original co-spon- Relating to the second point in sup- the Social Security Act to increase the
sors of the Low Sulfur Fuel Act of 1998 port of the bill, the U.S. must maintain amount of payment under the Medicare
and to express my reasons for support- our innovative and forward thinking program for pap smear laboratory
ing this important legislation. I would approach and support this measure be- tests; to the Committee on Finance.
first like to thank my colleague from cause other countries, such as Japan, INVESTMENT IN WOMEN’S HEALTH CARE ACT OF
New York, Senator MOYNIHAN, for his Egypt, Thailand, and every member of 1998
authorship of this measure and his the European Union have already re- Mr. AKAKA. Mr. President, today I
leadership on this issue. The bill estab- quired similar caps on the sulfur con- introduce the Investment in Women’s
lishes a national, year-round cap on tent of their gasoline. Thus, in order Health Act of 1998, a bill to increase
gasoline sulfur levels, and would im- for us to compete with these and other Medicare reimbursement for Pap smear
pose a reduction of sulfur content in countries, we must take this extremely laboratory tests. This is the Senate
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9437
companion measure to the bill intro- Pap Smear Production Costs—Continued tion’s urban areas. However, our most
duced in the House by my colleague Georgia .............................................. 10.73 rural and remote communities experi-
and friend, Representative NEIL ABER- Hawaii ............................................... 13.04 ence different, but equally real, prob-
CROMBIE. 14.04 lems that are not addressed by existing
15.40 law. Not only are these communities
Last year, I was contacted by pa- 15.80
thologists who alerted me to the cost- Illinois ............................................... 13.12
generally ineligible for the existing
payment differential for Pap smear Iowa ................................................... 13.78 programs, their unique challenges,
testing in Hawaii. According to the Kansas ............................................... 14.62 while sometimes similar to those expe-
American Pathology Foundation, Ha- Kentucky ........................................... 16.00 rienced by urban areas, require a dif-
waii is one of 23 states where the cost 13.01 ferent focus and approach.
Maryland ........................................... 14.05 The biggest single economic problem
of performing the test significantly ex-
Michigan ............................................ 13.16 facing small communities is the ex-
ceeds the Medicare payment. In Ha- Nebraska ............................................ 16.12
waii, the cost of performing the test pense of establishing a modern infra-
New Mexico ........................................ 20.65
ranges between $13.04 and $15.80. The Ohio ................................................... 18.46 structure. These costs, which are al-
Medicare reimbursement rate is only 14.15 ways substantial, are exacerbated in
$7.15. 14.50 remote and rural areas. The existence
This large disparity between the re- South Carolina .................................. 16.89 of this infrastructure, including effi-
13.00 cient housing, electricity, bulk fuel
imbursement rate and the actual cost South Dakota .................................... 10.25
may force labs in Hawaii and other storage, waste water and water service,
Tennessee .......................................... 12.36 is a necessity for the health and wel-
states to discontinue Pap smear test- Texas ................................................. 13.50
ing. Additionally, the below-cost-reim- Vermont ............................................ 18.92
fare of our children, the development
bursement may compel some labs to Washington ........................................ 11.64 of a prosperous economy and minimiz-
process tests faster and in higher vol- 12.00 ing environmental problems.
12.52 There is a real cost in human misery
ume to improve cost efficiency. This
12.90 and to the health and welfare of every-
situation increases the risk of inac- 12.91 one, especially our children and our el-
curate results and can severely handi- 13.22 derly from poor or polluted water or
cap patient outcomes. 13.42 bad housing or an inefficient power
If the Pap smear is to continues an 14.69
Wisconsin ........................................... 13.00 system. Hepatitis B infections in rural
effective cancer screening tool, it must Alaska are five times more common
remain widely available and reason- Note.—This data was obtained from the American
than in urban Alaska. We just have to
ably priced for all women. Adequate Pathology Foundation.
do better if we are to bring our rural
payment is a necessary component of communities into the 21st Century.
ensuring women’s continued access to By Mr. MURKOWSKI (for himself
and Mr. DASCHLE): The experience of many Alaskans is a
quality Pap smears. perfect example. Most small commu-
My bill will increase the Medicare re- S. 2379. A bill to establish a program
to establish and sustain viable rural nities or villages in Alaska are not
imbursement rate for Pap smear lab interconnected to an electricity grid,
work from its current $7.15 to $14.60— and remote communities; to the Com-
mittee on Banking, Housing, and and rely upon diesel generators for
the national average cost of the test. their electricity. Often, the fuel can
This rate is important because it estab- Urban Affairs
THE RURAL AND REMOTE COMMUNITY FAIRNESS
only be delivered by barge or airplane,
lishes a benchmark for many private and is stored in tanks. These tanks are
ACT OF 1998
insurers. expensive to maintain, and in many
No other cancer screening procedure ∑ Mr. MURKOWSKI. Mr. President,
today I introduce the Rural and Re- cases, must be completely replaced to
is as effective for early detection of prevent leakage of fuel into the envi-
cancer as the Pap smear. Over the last mote Community Fairness Act of 1998.
ronment. While economic and environ-
50 years, the incidence of cervical can- This Act will lead to a brighter future
mental savings clearly justify the con-
cer deaths has declined by 70 percent for rural and remote communities by
struction of new facilities, these com-
due in large part to the use of this can- establishing two new grant programs
munities simply don’t have the ability
cer detection measure. Experts agree that will address the unique economic
to raise enough capital to make the
that the detection and treatment of and environmental challenges faced by
necessary investments.
precancerous lesions can actually pre- small communities in rural and remote As a result, these communities are
vent cervical cancer. Evidence also areas across this country. I am pleased forced to bear an oppressive economic
shows that the likelihood of survival that this legislation is co-sponsored by and environmental burden that can be
when cervical cancer is detected in its the Minority Leader, Senator DASCHLE. eased with a relatively small invest-
earliest stage is almost 100 percent The bill authorizes up to $100 million ment on the part of the Federal gov-
with timely and appropriate treatment a year in grant aid from 1999 through ernment. I can give you some exam-
and follow-up. 2005 for any commuunities across the ples: in Manley Hot Springs, Alaska,
Mr. President, an estimated 13,700 nation with populations of less than the citizens pay almost 70 cents per
new cases of invasive cervical cancer 10,000 which face electric rates in ex- kilowatt hour for electricity. In
will be diagnosed in 1998 and 4,900 cess of 150 percent of the national aver- Igiugig, Kokhanok, Akiachak Native
women will die of the disease. I urge age retail price. The money can go for Community, and Middle Kuskokwim,
my colleagues to support this impor- electricity system improvements, en- consumers all pay over 50 cents per kil-
tant legislation. ergy efficiency and weatherization ef- owatt hour for electricity. The na-
Mr. President, I ask unanimous con- forts, water and sanitation improve- tional average is around 7 cents per
sent that a list of the average Pap ments or work to solve leaking fuel kilowatt hour.
smear production costs for 23 states be storage tanks. Further, in Alaska, for example,
printed in the RECORD. The bill also amends the Rural Elec- many rural villages still lack modern
There being no objection, the list was trification Act to authorize Rural and water and sewer sanitation systems
ordered to be printed in the RECORD, as Remote Electrification Grants of an taken for granted in all other areas of
follows: additional $20 million a year to the America. According to a Federal Field
same communities. The grants can be Working Group, 190 of the state’s vil-
Pap Smear Production Costs used to increase energy efficiency, lages have ‘‘unsafe’’ sanitation sys-
California ........................................... $18.84 lower electricity rates or provide for tems, 135 villages still using ‘‘honey
17.11 the modernization of electric facilities.
17.00
buckets’’ for waste disposal. Only 31
This nation has well-established pro- villages have a fully safe, piped water
13.05
Colorado ............................................ 16.94 grams for community development system; 71 villages having only one
Connecticut ....................................... 16.87 grants. The majority of these programs central watering source.
Delaware ............................................ 22.00 were established to help resolve the Concerning leaking storage tanks,
Florida ............................................... 14.00 very real problems found in this Na- the Alaska Department of Community
S9438 CONGRESSIONAL RECORD — SENATE July 30, 1998
and Regional Affairs estimates that By Mr. ASHCROFT: icans support parental consent before
there are more than 2,000 leaking S. 2380. A bill to require the written an abortion is performed on a girl
above-ground fuel storage tanks in consent of a parent of an under age 18. Even those who do not
Alaska. There are several hundred unemancipated minor prior to the pro- view an abortion as a taking of human
other below-ground tanks that need re- vision of contraceptive drugs or devices life recognize it as a momentous and
pair, according to the Alaska Depart- to such a minor, or the referral of such life-changing decision that a minor
ment of Environmental Conservation. minor for abortion services, under any should not make alone. The fact that
These are not only an Alaskan prob- Federally funded program; to the Com- nearly 40 states have passed laws re-
lem. The highest electricity rates in mittee on the Judiciary. quiring doctors to notify or seek the
America are paid by a small commu- PUTTING PARENTS FIRST ACT consent of a minor’s parents before per-
nity in Missouri, and communities in Mr. ASHCROFT. Mr. President, I rise forming an abortion also demonstrates
Maine, as well as islands in Rhode Is- today to introduce legislation to reaf- the consensus in favor of parental in-
land and New York will likely qualify firm the vital role parents play in the volvement.
for this program. Providing safe drink- lives of their children. My legislation, The instruction and guidance of
ing water and adequate waste treat- the Putting Parents First Act, will which President Reagan spoke are
ment facilities is a problem for very guarantee that parents have the oppor- needed most when children are forced
small communities all across this land. tunity to be involved in their chil- to make important life decisions. It is
What will this Act do to address dren’s most important decisions— hard to imagine a decision more fun-
these problems? First, the Act author- whether or not to have an abortion and damental in our culture than whether
izes $100 million per year for the years whether or not to receive federally-sub- or not to beget a child. Parental in-
1999–2005 for block grants to commu- sidized contraception. volvement in this crucial decision is
nities of under 10,000 inhabitants who The American people have long un- necessary to ensure that the sanctity
pay more than 150 percent of the na- derstood the unique role the family of human life is given appropriate con-
tional average retail price for elec- plays in our most cherished values. As sideration. There are few more issues
tricity. usual, President Reagan said it best. deserving of our attention than pro-
The grants will be allocated by the Within the American family, Reagan moting parental involvement.
Secretary of Housing and Urban Devel- said, ‘‘the seeds of personal character Only half of the 39 states with paren-
opment among eligible communities are planted, the roots of public value tal involvement laws on the books cur-
proportionate to cost of electricity in first nourished. Through love and in- rently enforce them. Some states have
the community, as compared to the na- struction, discipline, guidance and ex- enacted laws that have been struck
tional average. The communities may ample, we learn from our mothers and down in state or federal courts while in
use the grants only for the following fathers the values that will shape our other states the executive department
eligible activities: private lives and public citizenship.’’ has chosen not to enforce the legisla-
Low-cost weatherization of homes The Putting Parents First Act con- ture’s will. As a result, just over 20
and other buildings; tains two distinct provisions to protect states have parental laws in effect
Construction and repair of electrical the role of parents in the important today. In these states, parents do not
generation, transmission, distribution, life decisions of their minor children. have the right to be involved in their
and related facilities; The first part ensures that parents are minor children’s most fundamental de-
Construction, remediation and repair given every opportunity to be involved cisions, decisions that can have severe
of bulk fuel storage facilities; in a child’s decision whether or not to physical and emotional health con-
Facilities and training to reduce have an abortion. Specifically, the Act sequences for young women.
costs of maintaining and operating prohibits any individual from perform- Moreover, in those states where laws
electrical generation, distribution, ing an abortion upon a woman under requiring consent are on the books and
transmission, and related facilities; the age of 18 unless that individual has being enforced, those laws are fre-
Professional management and main- secured the informed written consent quently circumvented by pregnant mi-
tenance for electrical generation, dis- of the minor and a parent or guardian. nors who cross state lines to avoid the
tribution and transmission, and related In accordance with Supreme Court de- laws’ requirements. Sadly, nowhere is
facilities; cisions concerning state-passed paren- this problem more apparent than in my
Investigation of the feasibility of al- tal consent laws, the Putting Parents home state of Missouri. I was proud to
ternate energy services; First Act allows a minor to forego the have successfully defended Missouri’s
Construction, operation, mainte- parental involvement requirement parental consent law before the Su-
nance and repair of water and waste where a court has issued a waiver cer- preme Court in Planned Parenthood
water services; tifying that the process of obtaining versus Ashcroft. Unfortunately, the
Acquisition and disposition of real the consent of a parent or guardian is law has not been as effective as I had
property for eligible activities and fa- not in the best interests of the minor hoped. A study last year in the Amer-
cilities; and or that the minor is emancipated. ican Journal of Public Health found
Development of an implementation For too long, the issue of abortion that the odds of a minor traveling out
plan, including administrative costs for has polarized the American people. To of state for an abortion increased by
eligible activities and facilities. some extent, this is the inevitable re- over 50 percent after Missouri’s paren-
In addition, this bill will amend the sult of vastly distinct views of what an tal consent law went into effect.
rural Electrification Act of 1936 to au- abortion is. Many, including myself, The limited degree of enforcement
thorize Rural and Remote Electrifica- view abortion as the unconscionable and the ease with which state laws can
tion Grants for $20 million per year for taking of innocent human life. Others, be evaded demand a national solution.
years 1999–2005 for grants to qualified including a majority of Supreme Court The importance of protecting life de-
borrowers under the Act that are in Justices, view abortion as a constitu- mands a national solution. It is time
rural and remote communities who pay tionally-protected alternative for preg- for Congress to act. Requiring a par-
more than 150 percent of the national nant women. ent’s consent before a minor can re-
average retail price for electricity. There are, however, a few areas of ceive an abortion is one way states
These grants can be used to increase common ground where people on both have chosen to protect not only the
energy efficiency, lower electricity sides of the abortion issue can agree. role of parents and the health and safe-
rates, or provide or modernize electric One such area of agreement is that, ty of young women, but also, the lives
facilities. whenever possible, parents should be of the unborn. Congress shares with the
This Act makes a significant step to- involved in helping their young daugh- states the authority—and duty—to pro-
ward resolving the critical social, eco- ters to make the critically important tect life under the Constitution. Thus,
nomic, and environmental problems decision of whether or not to have an enactment of a federal parental con-
faced by our Nation’s rural and remote abortion. A recent CNN/USA Today sent law will allow Congress to protect
communities. I encourage my col- survey conducted by the Gallup Orga- the guiding role of parents as it pro-
leagues to support this legislation.∑ nization found that 74 percent of Amer- tects human life.
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9439
The Putting Parents First Act is dren. A young person whose life is in qualify for health care insurance
based on state statutes that already crisis may be highly anxious, and may through the Medicaid program. I was
have been determined to be constitu- want to take a fateful step without unable to find specific information
tional by the U.S. Supreme Court. The their parents’ knowledge. But it is at about who these children are, where
legislation establishes a minimum these times of crisis that children need they reside, and why they are not en-
level of parental involvement that their parents, not government bureau- rolled in the Medicaid program. Subse-
must be honored nationwide. It does crats or uninvolved strangers. This leg- quently, I requested that the General
not preempt state parental involve- islation will strengthen the family and Accounting Office conduct an in-depth
ment laws that provide additional pro- protect human life by ensuring that analysis to provide Congress data on
tections to the parents of pregnant mi- parents have the primary role in help- uninsured Medicaid eligible children.
nors. ing their children when they are mak- This information would provide the
The second part of the Putting Par- ing decisions that will shape the rest of necessary tools to develop community
ents First Act extends the idea of pa- their lives. outreach strategies and education pro-
rental involvement to the arena of fed- grams to address this problem.
erally-subsidized contraception. Cur- By Mr. MCCAIN (for himself and The GAO study was completed in
rently, the federal government funds Mr. KERRY): March. The data shows that 3.4 million
many different programs through the S. 2382. A bill to amend title XIX of children are eligible for the Medicaid
Department of Health and Human the Social Security Act to allow cer- program (under the minimum federal
Services and the Department of Edu- tain community-based organizations standards) but are not enrolled. It also
cation that can provide prescription and health care providers to determine shows that these kids are more likely
contraceptive drugs and devices, as that a child is presumptively eligible to be part of a working family with
well as abortion referrals, to minors for medical assistance under a State parents who are employed but earning
without parental consent. plan under that title; to the Committee a low income. A significant number of
The case of the little girl from Crys- on Finance. these children come from two-parent
tal Lake, IL is just one example, but it CHILDREN’S HEALTH ASSURANCE THROUGH THE
families rather than single-parent fam-
makes clear everything that is wrong MEDICAID PROGRAM (CHAMP) ACT
ilies. The study also discovered that
with current law in this area. In that ∑ Mr. MCCAIN. Mr. President, today I more than thirty-five percent of these
case, the young girl was just 14 years am proud to rise with my colleague and children are Hispanic, with seventy-
old when her 37-year-old teacher dear friend, JOHN KERRY, to introduce four percent of them residing in South-
brought her to the county health de- legislation which would help provide ern or Western states. Finally, the
partment for birth control injections. thousands, if not millions, of children GAO report suggested that states need
He wanted to continue having sex with with health care coverage. Clearly, a to be developing and implementing cre-
her, but had grown tired of using bipartisan priority in the 105th Con- ative outreach and enrollment strate-
condoms. A county health official in- gress has been to find a solution for gies which specifically target the
jected the young girl with the con- providing access to health insurance unenrolled children.
troversial birth control drug Depo- for the approximately 10 million unin-
It is important that we build upon
Provera without notifying the girl’s sured children in our nation. This mat-
these findings and develop methods for
parents. The teacher knew that federal ter has been a very high priority for me
states to reach out to these families
Title X rules prohibited clinics from since coming to Congress. The legisla-
and educate them about the resources
notifying parents when issuing birth tion we are introducing today, the
which exist for their children. The
control drugs to minors. He continued ‘‘Children’s Health Assurance through
CHAMP bill is an important step in
to molest her for 18 months until the the Medicaid Program’’ (CHAMP),
this process and would assist these
girl finally broke down and told her would help our states reach more than
children by expanding the state offices
parents. The teacher was arrested and 3 million uninsured children who are
which can presume Medicaid eligibility
sentenced to ten years in prison. The eligible for the Medicaid program but
for a child.
young girl spent five days a week in not enrolled.
The consequences of lack of insur- As you know, the 1997 Balanced
therapy and is still recovering from ef-
ance are problematic for everyone, but Budget Act provided states with the
fects of anorexia nervosa.
Although the teacher’s crime was un- they are particularly serious for chil- option of utilizing ‘‘presumptive eligi-
speakable, it was the federal govern- dren. Uninsured and low income chil- bility’’ as an outreach method for en-
ment’s policy that allowed him to dren are less likely to receive vital pri- rolling eligible children into their
shield his crime for so long. This is an mary and preventative care services. state Medicaid programs. Presumptive
outrage. The policy of the Government This is quite discouraging since it is re- eligibility allows certain agencies to
of the United States should be to help peatedly demonstrated that regular temporarily enroll children in the state
parents to help their children. Provid- health care visits facilitate the con- Medicaid program for a brief period if
ing contraceptives and abortion refer- tinuity of care which plays a critical the child appears to be eligible for the
rals to children without involving par- role in the development of a healthy program based on their family’s in-
ents undermines, not strengthens the child. For example, one analysis found come. Health care services can be pro-
role of parents. Worse yet, it jeopard- that children living in families with in- vided to these children if necessary
izes the health of children. comes below the poverty line were during this ‘‘presumptive’’ period while
The current law for federally-funded more likely to go without a physician the state Medicaid agency processes
contraceptives puts bureaucrats in visit than those with Medicaid cov- the child’s application and makes a
front of parents when it comes to a erage or those with other insurance. final determination of their eligibility.
child’s decision-making process. That The result is many uninsured, low-in- Presumptive eligibility is completely
is intolerable. We must put parents come children not seeking health care optional for the states and is not man-
first when it comes to such critical de- services until they are seriously sick. datory.
cisions. The legislation I am introduc- Studies have further demonstrated Under current law, states are only
ing today restores common sense to that many of these children are more given the limited choice of using a few
government policy by requiring pro- likely to be hospitalized or receive specific community agencies for pre-
grams that receive federal funds to ob- their care in emergency rooms, which sumptive eligibility including: Head
tain a parent’s consent before dispens- means higher health care costs for con- Start Centers, WIC clinics, Medicaid
ing contraceptives or referring abor- ditions that could have been treated providers and state or local child care
tion services to the parent’s minor with appropriate outpatient services or agencies. The McCain-Kerry CHAMP
child. prevented through regular check ups. bill would expand the types of commu-
In my view, Mr. President, sound and Last year, as Congress was searching nity-based organizations which would
sensible public policy requires that for ways to reduce the number of unin- be recognized as qualified entities and
parents be involved in critical, life- sured children, I kept hearing about permitted to presume eligibility for
shaping decisions involving their chil- children who are uninsured, yet, could children. Under our bill, public schools,
S9440 CONGRESSIONAL RECORD — SENATE July 30, 1998
entities operating child welfare pro- (1) by striking ‘‘or (II)’’ and inserting ‘‘, Once again, I would like to thank
grams under Title IV-A, Temporary As- (II)’’; and Senator MCCAIN for his invaluable
sistance to Needy Families (TANF) of- (2) by inserting ‘‘eligibility of a child for work on behalf of children. I look for-
medical assistance under the State plan
fices and the new Children Health In- under this title, or eligibility of a child for
ward to working with him and the Sen-
surance Program (CHIP) offices would child health assistance under the program ate to pass this important legislation.∑
be permitted to help identify Medicaid funded under title XXI, or (III) is an elemen-
eligible kids. Allowing more entities to tary school or secondary school, as such By Mr. HARKIN (for himself, Mr.
participate in outreach would increase terms are defined in section 14101 of the Ele- KENNEDY, Mr. KERRY, and Ms.
the opportunities for screening chil- mentary and Secondary Education Act of MOSELEY-BRAUN):
dren and educating their families about 1965 (20 U.S.C. 8801), an elementary or sec- S. 2383. A bill to amend the Fair
ondary school operated or supported by the Labor Standards Act of 1938 to reform
the Medicaid services available to Bureau of Indian Affairs, a State child sup-
them. By increasing the ‘‘net’’ for the provisions relating to child labor;
port enforcement agency, a child care re-
states, we would be helping them ‘‘cap- to the Committee on Labor and Human
source and referral agency, or a State office
ture’’ more children who are going or private contractor that accepts applica- Resources.
without health care services because tions for or administers a program funded THE CHILDREN’S ACT FOR RESPONSIBLE
their families are not familiar, com- under part A of title IV or that determines EMPLOYMENT

fortable or aware of the Medicaid pro- eligibility for any assistance or benefits pro- ∑ Mr. HARKIN. Mr. President, on be-
gram and its enrollment process. vided under any program of public or as- half of myself, Mr. KENNEDY, Mr.
sisted housing that receives Federal funds, KERRY and Ms. MOSELEY-BRAUN I intro-
Our bill would help millions of chil-
including the program under section 8 or any duce the Children’s Act for Responsible
dren gain access to health care without other section of the United States Housing
creating a new government program, Employment or the CARE Act that
Act of 1937 (42 U.S.C. 1437 et seq.)’’ before the
imposing mandates on states, or ex- semicolon.∑ will modernize our antiquated domes-
panding the role of government in our ∑ Mr. KERRY. Mr. President, I want to tic child labor laws. Congressman RICH-
communities. This is important to thank my friend and colleague Senator ARD GEPHARDT and Congressman TOM
note—we would not be creating new MCCAIN for his work on this important LANTOS are introducing companion leg-
agencies, bureaucracies or benefits. In- issue. I am honored to introduce with islation in the House.
stead we would be increasing the effi- him this legislation, entitled the Chil- It is hard to imagine that we are on
ciency and effectiveness of a long- dren’s Health Assurance Through the the verge of entering the 21st century
standing program designed to help one Medicaid Program (CHAMP), which and we still have young children work-
of our most vulnerable populations, would increase health coverage for eli- ing under hazardous conditions in the
children. We urge our colleagues to gible children and increase state flexi- United States. Unfortunately, outdated
support this innovative piece of legisla- bility. U.S. child labor laws that have not
tion. Mr. President, the Balanced Budget been revamped since the 1930’s allow
Mr. President, I ask unanimous con- Act of 1997 gave States the option to this practice to continue.
sent that the bill be printed in the bring more eligible but uninsured chil- I have been working on the eradi-
RECORD. dren into Medicaid by allowing states cation of child labor overseas since
There being no objection, the bill was to grant ‘‘presumptive eligibility.’’ 1992. At that time, I introduced the
ordered to be printed in the RECORD, as This means that a child would tempo- Child Labor Deterrence Act, which pro-
follows: rarily be covered by Medicaid if pre- hibits the importation of products
S. 2382 liminary information suggests that made by abusive and exploitative child
they qualify. Providing health insur- labor. Since then, we have made some
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in ance for children is important because important progress, but in order to end
Congress assembled, studies show that children without child labor overseas the U.S. must lead
SECTION 1. SHORT TITLE. health insurance are more likely to be by example and address child labor in
This Act may be cited as the ‘‘Children’s in worse health, less likely to see a our own backyard.
Health Assurance through the Medicaid Pro- doctor, and less likely to receive pre- Now, when I talk about child labor,
gram (CHAMP) Act’’. ventive care such as immunizations. I’m not talking about a part time job
SEC. 2. FINDINGS. Mr. President, the legislation Sen- or a teenager who helps out on the
Congress makes the following findings: ator MCCAIN and I are introducing family farm after school. There is
(1) Twenty-three percent or 3,400,000 of the today would strengthen the existing nothing wrong with that. What I am
15,000,000 medicaid-eligible children went option and give states more flexibility. talking about is the nearly 300,000 chil-
without health insurance in 1996. First, it will allow states to rely on a
(2) Medicaid-eligible children with working dren illegally employed in the U.S. I
broader range of agencies to assist with would like to insert for the record at
parents are more likely to be uninsured. Medicaid outreach and enrollment. By
(3) More than 35 percent of the 3,400,000 this time the testimony of Sergio
expanding the list of community-based
million uninsured medicaid-eligible children Reyes, who was expected to testify at a
are Hispanic. providers and state and local agencies
hearing before the Senate Subcommit-
(4) Almost three-fourths of the uninsured to include schools, child support agen-
tee on Employment and Training I re-
medicaid-eligible children live in the West- cies, and some child care facilities,
states will be able to make significant quested on June 11 of this year. Mr.
ern and Southern States.
gains in the number of children identi- Reyes was unable to attend that hear-
(5) Multiple studies have shown that in-
sured children are more likely to receive pre- fied and enrolled in Medicaid. States ing but his written testimony tells a
ventive and primary health care services as would not be required to rely on these story that is becoming all to familiar
well as to have a relationship with a physi- additional providers but would have in the United States.
cian. the flexibility to choose among quali- According to a recent study by econ-
(6) Studies have shown that a lack of
fied providers and shape their own out- omist Douglas L. Krause of Rutgers
health insurance prevents parents from try- University, there are nearly 60,000 chil-
ing to obtain preventive health care for their reach and enrollment strategies.
The cost of these changes to the pre- dren under age 14 working in the U.S.
children.
sumptive eligibility option for Medic- Of those children, one will die every
(7) These studies demonstrate that low-in-
come and uninsured children are more likely aid under last year’s Balanced Budget five days in a work related accident ac-
to be hospitalized for conditions that could Act are modest. Our understanding is cording to the National Institute of Oc-
have been treated with appropriate out- that our proposal would cost approxi- cupational Safety and Health. Nowhere
patient services, resulting in higher health mately $250 million over five years. is this more true than children who
care costs. This is a positive step in the right di- work in agriculture.
SEC. 3. ADDITIONAL ENTITIES QUALIFIED TO DE- rection, helping ensure that the grow- In general, children receive fewer
TERMINE MEDICAID PRESUMPTIVE protections in agriculture than other
ELIGIBILITY FOR LOW-INCOME
ing population of American children
CHILDREN. start off on the right foot. Access to af- industries. The minimum age for haz-
Section 1920A(b)(3)(A)(i) of the Social Secu- fordable health care in the early years ardous work in agriculture is 16, it is 18
rity Act (42 U.S.C. 1396r–1a(b)(3)(A)(i)) is saves the country’s financial resources for all other occupations. In a GAO pre-
amended— in the long run. liminary report released in March 1998,
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9441
the researchers noted that ‘‘children from the Child Labor Coalition, and lation of any other provision of this Act or of
working in agriculture are legally per- the testimony of Sergio Reyes be print- any other Federal or State law.’’.
mitted to work at younger ages, in ed in the RECORD. SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD
LABOR.
more hazardous occupations, and for There being no objection, the mate-
Section 12(a) (29 U.S.C. 212(a)) is amended
longer periods of time than their peers rial was ordered to be printed in the by striking the period at the end and insert-
in other industries.’’ For example, a 13 RECORD, as follows: ing the following: ‘‘: And provided further,
year old child can not work as a clerk S. 2383 that the Secretary shall determine the cir-
in an air conditioned office building, Be it enacted by the Senate and House of Rep- cumstances under which such goods may be
but can pick strawberries in a field in resentatives of the United States of America in allowed to be shipped or delivered for ship-
the middle of summer. That same re- Congress assembled, ment in interstate commerce.’’.
port noted that over 155,000 children SECTION 1. SHORT TITLE; REFERENCE. SEC. 6. COORDINATION.
are working in agriculture. However, (a) SHORT TITLE.—This Act may be cited as Section 4 (29 U.S.C. 204) is amended by add-
because that number is based on census the ‘‘Children’s Act for Responsible Employ- ing at the end the following:
data, the Farm Worker Union places ment’’ or the ‘‘CARE Act’’. ‘‘(g) The Secretary shall encourage and es-
the number at nearly 800,000 children (b) REFERENCE.—Whenever in this Act an tablish closer working relationships with
amendment or repeal is expressed in terms of non-governmental organizations and with
working in agriculture. an amendment to, or repeal of, a section or State and local government agencies having
In December 1997, the Associated other provision, the reference shall be con- responsibility for administering and enforc-
Press (AP) did a five part series on sidered to be made to a section or other pro- ing labor and safety and health laws. Upon
child labor in the United States docu- vision of the Fair Labor Standards Act of the request of the Secretary, and to the ex-
menting 4 year olds picking chili pep- 1938 (29 U.S.C. 201 et seq.). tent permissible under applicable law, State
pers in New Mexico and 10 year olds SEC. 2. AGRICULTURAL EMPLOYMENT. and local government agencies with informa-
harvesting cucumbers in Ohio. In one Section 13(c) (29 U.S.C. 213(c)) is amended— tion regarding injuries and deaths of employ-
tragic example reported by the AP, 14 (1) by striking paragraph (1) and inserting ees shall submit such information to the
year-old Alexis Jaimes was crushed to the following: Secretary for use as appropriate in the en-
death when a 5000 lb. hammer fell on ‘‘(1) The provisions of section 12 relating to forcement of section 12 and in the promulga-
child labor shall not apply to any employee tion and interpretation of the regulations
him while working on a construction and orders authorized by section 3(l). The
employed in agriculture outside of school
site in Texas. I was outraged. hours for the school district where such em- Secretary may reimburse such State and
At the June hearing of the Senate ployee is living while he or she is so em- local government agencies for such serv-
Employment and Training Subcommit- ployed, if such employee is employed by his ices.’’.
tee, two things became clear with re- or her parent or legal guardian, on a farm SEC. 7. REGULATIONS AND MEMORANDUM OF
gard to U.S. domestic child labor. owned or operated by such parent or legal UNDERSTANDING.
First, agricultural child laborers are guardian.’’; and (a) REGULATIONS.—The Secretary of Labor
dropping out of school at an alarming (2) by striking paragraphs (2) and (4). shall issue such regulations as are necessary
rate. Over of 45 percent of farm worker SEC. 3. YOUTH PEDDLING. to carry out this Act and the amendments
youth will never complete high school. (a) FAIR LABOR STANDARDS ACT COV- made by this Act.
ERAGE.— (b) MEMORANDUM OF UNDERSTANDING.—The
Second, the laws that we do have re- Secretary of Labor and the Secretary of Ag-
(1) FINDING.—The last sentence of section
garding child labor are inadequate to riculture shall, not later than 180 days after
2(a) (29 U.S.C. 202(a)) is amended by inserting
protect a modern workforce. Our after ‘‘households’’ the following: ‘‘, and the the date of enactment of this Act, enter into
present civil and criminal penalties are employment of employees under the age of 16 a memorandum or understanding to coordi-
simply insufficient to deter compliance years in youth peddling,’’. nate the development and enforcement of
with the law and need to be strength- (2) DEFINITION.—Section 3 (29 U.S.C. 203) is standards to minimize child labor.
ened and more vigorously enforced. amended by adding at the end the following: SEC. 8. AUTHORIZATION.
My legislation, which is supported by ‘‘(y) ‘Youth peddling’ means selling goods There is authorized to be appropriated to
the Administration and children’s ad- or services to customers at their residences, the Secretary of Labor such sums as may be
vocates groups across the country, places of business, or public places such as necessary for to carry out this Act and the
such as the Child Labor Coalition and street corners or public transportation sta- amendments made by this Act.
tions. ‘Youth peddling’ does not include the
the Solidarity Center, will help rectify activities of persons who, as volunteers, sell THE CHILD LABOR COALITION,
this alarming situation. It will; raise goods or services on behalf of not-for-profit Washington, DC, July 30, 1998.
the current age of 16 to 18 in order to organizations.’’. Hon. TOM HARKIN,
engage in hazardous agricultural work, (b) DEFINITION OF OPPRESSIVE CHILD U.S. Senate,
close the loopholes in federal child LABOR.—Section 3(l) (29 U.S.C. 203(l)) is Washington, DC.
labor laws which allow a three year old amended in the last sentence by insert after DEAR SENATOR HARKIN: The Child Labor
to work in the fields, and increase the ‘‘occupations other than’’ the following: Coalition thanks you for your leadership
civil and criminal penalties for child ‘‘youth peddling,’’. over the last six years to end child labor ex-
(c) PROHIBITION OF YOUTH PEDDLING.—Sec- ploitation overseas. Your influence has
labor violations to a minimum of $500, tion 12(c) (29 U.S.C. 212(c)) is amended by in- spurred much of the progress that has been
up from $100 and a maximum of $15,000, serting after ‘‘oppressive child labor in com- made in the international community.
up from $10,000. merce or in the production of goods for com- As you are certainly aware, the United
In closing. Let me say that we must merce’’ the following: ‘‘, or in youth ped- States is not immune to child labor prob-
end child labor—the last vestige of dling,’’. lems. Two of our most significant problems
slavery in the world. It is time to give SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR are the escalating injuries to young workers
all children the chance at a real child- CHILD LABOR VIOLATIONS. and the inadequate protection of children
hood and give them the skills nec- (a) CIVIL MONEY PENALTIES.—Section 16(e) working in agriculture. The legislation you
essary to compete in tomorrow’s work (29 U.S.C. 216(e)) is amended in the first sen- are introducing is a positive step toward ad-
place. There is no excuse for the num- tence— dressing these problems.
(1) by striking ‘‘$10,000’’ and inserting Evey year, more than 200,000 minors are in-
ber of children being maimed or killed ‘‘$15,000’’; jured and more than 100 die in the work-
in work related accidents when labor (2) by inserting after ‘‘subject to a civil place. Research has shown that injuries
saving technologies have been devel- penalty of’’ the following: ‘‘not less than $500 often occur when youth are engaged in pro-
oped in recent years. So, on today’s and’’. hibited duties or occupations. Your legisla-
farms, it makes even less sense than (b) CRIMINAL PENALTIES.—Section 16(a) (29 tion to increase penalties for child labor vio-
ever to put kids in dangerous situa- U.S.C. 216(a)) is amended by adding at the lations will send a clear message to employ-
tions operating hazardous machinery. end the following: ‘‘Any person who violates ers to ensure the safety of their young work-
Mr. President, I hope that we will be the provisions of section 15(a)(4), concerning ers through increased diligence in following
able to vote on this legislation in the oppressive child labor, shall on conviction be the child labor laws.
subject to a fine of not more than $15,000, or The FLSA does not adequately protect
near future so that we can prepare our to imprisonment for not more than 5 years, children working as hired farmworkers. Chil-
children for the 21st century. I urge my or both, in the case of a willful or repeat vio- dren may work at younger ages, for more
colleagues to support this important lation that results in or contributes to a fa- hours, and engage in hazardous employment
legislation. tality of a minor employee or a permanent at a younger age than a minor employed in
Mr. President, I ask unanimous con- disability of a minor employee, or a viola- any other workplace or occupation. This has
sent that a copy of the bill, a letter tion which is concurrent with a criminal vio- to change and your legislation to equalize
S9442 CONGRESSIONAL RECORD — SENATE July 30, 1998
the protections of all children who are work- For many years now I have been in- soon, it is merely the first piece of a
ing, regardless of the occupation, is ap- volved with a variety of issues that af- difficult puzzle. The Administration
plauded. fect the technology sector. As I have has presented the Congress with their
On behalf of the more than 50 organiza-
tional members of the Child Labor Coalition
said before, no other sector of the econ- view of how information sharing on the
we thank you for your efforts to update our omy is as vibrant and forward looking. Y2K problem should be furthered.
nation’s child labor laws and wholeheartedly The ingenuity, drive and vision of this Based on my initial review, that pro-
support this legislation. industry should be a model for all of posal appears to be headed in the right
Sincerely, us, including those of us in the Senate. direction but falls far short of the tar-
DARLENE S. ADKINS, Moreover, the importance of this in- get destination. Most importantly, the
Coordinator. dustry should only grow in the coming proposed approach which purports to
years. However, as I look to the future promote information sharing does not
TESTIMONY OF SERGIO REYES BEFORE THE
SENATE SUBCOMMITTEE ON EMPLOYMENT
with the hope of seeing the next cen- accomplish its objective as it leaves
AND TRAINING, JUNE 11, 1998
tury stamped ‘‘Made in America’’ I see the problem of potential antitrust li-
Good morning. My name is Sergio Reyes,
one large impediment—the Year 2000 ability. In other words, it does not ac-
and I’m 15 years old. This is my brother bug. complish the task that it set out to
Oscar and he is nine years old. We’re from The 105th Congress must consider complete.
Hollister, California, and we are farm- this problem and assist the country in I will seek the introduction of the
workers like our father and our grandfather. trying to avoid a potentially disastrous second piece of the solution, the Year
We are permanent residents here in the crisis. We cannot wait for disaster to 2000 Enhanced Information Solution,
United States. Thank you for inviting us to strike. We must act now to enable com- which while working within the guide-
speak today about our experience being panies to avert the crisis. No individual lines of the Administration’s language
frameworkers. We both have been farm- will add the teeth, make clear that
will be left untouched if the country
workers for five years now, ever since our
fails to address this problem and expe- good faith disclosure of information
family came from Mexico. I started working
when I was 10 years old, and Oscar started riences widespread ramifications. No will be protected, and provide for pro-
when he was four. He has been working for company will escape huge costs if they tection of individual consumers. To-
more than half of his life. We work for as cannot successfully fix their own prob- gether with the antitrust legislation I
many as 10 hours a days, cutting paprika, lems and have some assurances that introduce today, this should provide
topping garlic and pulling onions. The work their business partners and suppliers sufficient protection to promote the
is very hard and it gets very hot. It’s tough have fixed their problems. A great deal kind of cooperation that will be essen-
working these long and going to school too. tial to addressing this looming prob-
of effort has been undertaken to bring
We work after school, during the weekends, lem.
during the summer and on holidays. Oscar attention to this problem, including
several efforts here in the U.S. Senate. The final piece of the package will be
can show you some of the tools that we use the Year 2000 Litigation Solution. Real
and how we top garlic and cut onions. I don’t However, it is now time to move be-
have any idea when pesticides are used on yond simply highlighting the problem. harm from inadequate efforts to ad-
these crops or not. We need to roll up our sleeves and get dress this problem must be com-
To do this work we have to stay bent over to work on a solution. pensated. However, we cannot allow
for most of the time and have to lift heavy I begin today to lay out my plan for the prospect of frivolous litigation to
bags and buckets filled with the crops that assisting individuals and businesses to block efforts to avoid such harm. We
we’re picking. It’s hard work for adults and also must ensure that frivolous litiga-
very hard work for kids. We work because
walk safely through the minefield
called the Y2K problem. The first part tion over the Y2K problem does not
our family needs the money. I’d rather be in consume the lion’s share of the next
school. I am in the 10th grade and someday of this overall plan is the Year 2000 En-
hanced Cooperation Solution. This leg- millennium. While it is not possible for
I’d like to be a lawyer. Oscar wants to be
fireman when he grow up. My family knows islation provides a very narrow exemp- Congress to guarantee that private in-
how important it is to go to school and get tion to the antitrust laws if and when dividuals and companies will be able to
an education. But there are times when a company is engaged in cooperative solve the Y2K problem, Congress can
working is more important. We know lots of conduct to alleviate the impact of a eliminate legal obstacles that stand in
families like ours where the kids drop out of
year 2000 date failure in hardware or the way of private solutions. Informa-
school because they need to work. It’s sad tion regarding existing software and
because they really need an education or to software. The exemption has a clear
known problems must be shared as
learn another job skill if they’re ever going sunset and expressly ensures that the
completely and openly as possible. The
to get out of the fields. Without an edu- law continues to prohibit anti-competi-
current fear of litigation and liability
cation, I will never become a lawyer and tive conduct such as boycotts or agree-
Oscar will never be a fireman. that imposes a distinct chilling effect
ments to allocate markets or fix
My dad is trying to get out of farmwork. on information sharing must be allevi-
prices.
He is working in farmwork and also in a This simple, straightforward proposal ated.
farmworker job training program to learn Resources to address the Y2K prob-
is critical to allowing for true coopera-
another skill. He is trying to get another job lem, particularly time, are finite. They
so that he can earn more money and have tion in an effort to rectify the problem.
must be focused as fully as possible on
some health insurance. We’ve never had No company can solve the Y2K problem
remediation, rather than on unproduc-
health insurance before. As hard as my dad alone. Even if one company devises a
tive litigation. Moreover, the availabil-
works, he’s not guaranteed to make a good workable solution to their own prob- ity of adequate development and pro-
living. And my dad works very hard. I just lems they still face potential disaster gramming talent may hinge upon a
hope that when I get older and if something from components provided by outside
happens to keep me from graduating from working environment that protects
suppliers. What is more, when compa- good faith remediation efforts from the
school, that there will be a program for
nies find workable solutions we cer- threat of liability for their work. Con-
Oscar and me.
Thank you for letting us come. We appre- tainly want to provide them with every gress must prevent a fiasco where only
ciate all the you do that will help our dad, incentive to disseminate those solu- lawyers win.
other farmworker kids and my brother Oscar tions as widely as possible. Cooperation I look forward to working with those
and me.∑ is essential. But without a clear legis- that are interested as this process
lative directive, potential antitrust li- moves forward. I believe that this Con-
By Mr. ASHCROFT (for himself ability will stand in the way of co- gress cannot wait to address this prob-
and Mr. FAIRCLOTH): operation. We must provide our indus- lem. This issue is about time, and we
S. 2384. A bill entitled ‘‘Year 2000 En- tries with the appropriate incentives have precious little left in this Con-
hance Cooperation Solution’’; to the and tools to fix this problem without gress and before the Y2K problem is
Committee on the Judiciary. the threat of antitrust lawsuits based upon us. I hope we can work together
YEAR 2000 SOLUTION LEGISLATION on the very cooperation we ought to be to free up talented individuals to ad-
Mr. ASHCROFT. Mr. President, I rise encouraging. dress this serious problem.
today to introduce a bill that addresses I do want to be very clear on one
a critical problem that demands imme- point—as important as it is that this By Mr. BENNETT (for himself
diate attention from the Congress. legislation be enacted and enacted and Mr. HATCH):
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9443
S. 2385. A bill to establish the San Utah’s largest herd of Desert Bighorn Emery County Commissioners should
Rafael Swell National Heritage Area Sheep. Vehicle travel is restricted to be commended for their foresight and
and the San Rafael National Conserva- designated roads and trails in other vision in preparing this proposal. I
tion Area in the State of Utah, and for areas and visitors recreational facili- hope that this legislation can become a
other purposes; to the Committee on ties are provided. Finally, it will assist model for future conflict resolutions.
Energy and Natural Resources. the BLM and the local communities in Unfortunately, the shouting match
THE SAN RAFAEL NATIONAL HERITAGE AND developing a long term strategy to pre- over acreage has often drowned out the
CONSERVATION ACT serve the history and heritage of the discussion over what types of protec-
Mr. BENNETT. Mr. President, I am region through the National Heritage tion were in order for these lands. I
pleased to introduce the ‘‘San Rafael Area. Careful study of the bill shows doubt that there are few people who
National Heritage and Conservation that the San Rafael Swell National would debate the need to protect these
Act’’ and I am pleased to be joined by Heritage and Conservation Act is a lands. But too often in the past we
Senator HATCH in this effort. multidimensional management plan have argued over the definition of what
The San Rafael National Heritage for an area with multidimensional constitutes ‘‘protection.’’ Unfortu-
and Conservation Act not only accom- needs. It provides comprehensive pro- nately for some groups, a certain des-
plishes the preservation of an impor- tection and management for an entire ignation is the only method of accept-
tant historic area, but it is the result ecosystem. able protection. I urge those groups to
of a collaborative approach among Fed- My colleagues in the House have look beyond the trees and see the for-
eral land managers, state and local worked hard to address the concerns of est for a change. Should these groups
governments and other concerned the Administration and they have decide to come to the table, lend their
agencies and organizations. This re- made several changes to the House ver- considerable expertise to our efforts
vised legislation incorporates several sion as introduced in an effort to im- and try to reach a consensus, the first
of the suggestions of the Administra- prove the legislation. We have redrawn steps toward resolving the decades-old
tion, the House and those who origi- maps, eliminated roads from wilder- wilderness debate in Utah will have
nally expressed concerns about the bill ness areas, eliminated cherry stems of been taken.
as introduced in the House. The legisla- other roads and increased the size of I hope my colleagues will carefully
tion we introduce today is the result of wilderness and semi-primitive areas. review this legislation and support for
months of discussions between the Bu- Specifically, by including new provi- this bill.
reau of Land Management, the citizens sions dealing with the Compact and Mr. HATCH. Mr. President, I rise in
of Emery County and Members of Con- Heritage Plan, the new language en- support of the San Rafael Swell Na-
gress. It is a good-faith effort to initi- sures that the resources found in the tional Heritage and Conservation Act.
ate what we hope will bring resolution county will be properly surveyed and As a cosponsor of this measure, I ap-
to the larger philosophical differences understood prior to the Heritage Area plaud the efforts of my friend and col-
between land management practices in moving forward. league, Senator BENNETT, for bringing
Utah. With a little luck, we might even With regards to the Conservation this matter before the United States
begin a process which could lead to a Area, bill language guarantees that the Senate. This is a refreshing approach
resolution to the ongoing Utah wilder- management plan will not impair any to managing public lands in the West.
ness debate. of the important resources within the This legislation reflects the ability of
The San Rafael Swell region in the Swell. We have also included new lan- our citizens to make wise decisions
State of Utah was one of America’s last guage that ensures the Secretary of In- about how land in their area should be
frontiers. I have in my office, a map of terior is fully represented on the Advi- used and protected. It is an article of
the State of Utah drafted in 1876 in sory Council. our democracy that we recognize the
which large portions of the San Rafael The San Rafael Swell National Herit- prerogatives and preferences of citizens
Swell were simply left blank because age and Conservation Act is unique in who are most affected by public policy.
they were yet to be explored. Visitors that it sets the San Rafael Swell apart This measure gives citizens who live
who comment on this map are amazed from Utah’s other national parks and next to these lands a say as to what is
when they see that large portions of monuments. It protects not only the right and appropriate for the land’s
the San Rafael area remained important lands in this area but also management. I believe this initiative,
unmapped thirty years after the Mor- another resource just as precious—its which began locally at the grassroots
mon pioneers arrived in the Salt Lake captivating history and heritage. This level, is a cynosure for future land
Valley. bill is an example of how a legislative management decisions in the West.
This area is known for its important solution can result from a grassroots Much more than simply protecting
historical sites, notable tradition of effort involving both state and local rocks and soil, this legislation safe-
mining, widely recognized paleontolog- government officials, the BLM, histori- guards wildlife and their habitat, cul-
ical resources, and numerous rec- cal preservation groups, and wildlife tural sites and artifacts, and Indian
reational opportunities. As such, it enthusiasts. Most important, it takes and Western heritage. This is not your
needs to be protected. The San Rafael the necessary steps to preserve the wil- standard one-size-fits-all land manage-
Swell National Conservation Area cre- derness value of these lands. ment plan. It provides for the conserva-
ated through this legislation will be This legislation has broad statewide tion of this unique area, opting to en-
approximately 630,000 acres in size and and local support. It is sound, reason- courage visitors not development.
will comprise wilderness, a Bighorn able, and innovative in its approach to Mr. President, the San Rafael Swell
Sheep Management Area, a scenic Area protecting and managing the public is an area of immense scenic beauty
of Critical Environmental Concern, and land treasures of the San Rafael Swell. and cultural heritage. It was once the
Semi-Primitive Area of Non-Motorized Finally, it is based on the scientific home to Native Americans who
Use. The value of the new management methods of ecosystem management and adorned the area with petroglyphs on
structure for the National Conserva- prevents the fracturing of large areas the rock outcrops and canyon walls.
tion Area can be found in the flexibil- of multiple use lands with small par- What were once their dwellings are
ity it gives in addressing a broad array cels of wilderness interspersed between. now significant archaeological sites
of issues from the protection of critical Mr. President, I will conclude with scattered throughout the Swell. After
lands to the oversight of recreational this point; the wilderness debate in the Indian tribes came explorers, trap-
uses. Utah has gone on too long. My col- pers, and outlaws. In the 1870s, ranch-
The San Rafael National Heritage leagues will be reminded that in the ers and cowboys came to the area and
and Conservation Act sets aside 130,000 last Congress, the debate centered began grazing the land, managing it for
acres as BLM wilderness lands. It per- around whether two million acres or 5.7 its continued sustainability. Today,
manently removes the threat of min- million acres were the proper amount there are still citizens with roots in
ing, oil drilling, and timbering from of wilderness to designate. We are now this long western tradition. These citi-
the Swell. It also sets aside a conserva- trying to protect more than 600,000 zens understand the land; they under-
tion area of significant size to protect acres in one county in Utah alone. The stand conservation and preservation
S9444 CONGRESSIONAL RECORD — SENATE July 30, 1998
principles; and they want to see the By Mr. BIDEN: war, for example, with half a million
land they love and depend on preserved S. 2387. A bill to confer and confirm American forces standing ready in
for present and future generations. Presidential authority to use force Saudi Arabia—a situation clearly re-
First of all, Mr. President, this legis- abroad, to set forth procedures govern- quiring congressional authorization—
lation sets up a National Heritage ing the exercise of that authority, and President Bush still refused to concede
Area, the first of its kind west of the thereby to facilitate cooperation be- that he required an act of Congress be-
Mississippi. In the new National Herit- tween the President and Congress in fore using force. Only at the last
age Area, tourists will walk where In- decisions concerning the use or deploy- minute, and only grudgingly, did Presi-
dians walked and where other out- ment of United States Armed Forces dent Bush seek congressional support.
standing historical figures such as Kit abroad in situations of actual or poten- Even then, he continued to assert that
Carson, Chief Walker, Jedediah Smith, tial hostilities; to the Committee on he sought only support, refusing to
John Wesley Powell, Butch Cassidy, Foreign Relations. concede that congressional authoriza-
and John C. Fremont spent time. The USE OF FORCE ACT tion was a legal necessity.
area already boasts a number of fine ∑ Mr. BIDEN. Mr. President, today I Several years ago, the notion of
museums, including the John Wesley introduce legislation designed to pro- broad executive power was claimed on
Powell Museum, the Museum of the vide a framework for joint congres- the eve of a proposed invasion of
San Rafael, the College of Eastern sional-executive decision-making Haiti—an invasion that, thankfully,
Utah Prehistoric Museum, the Helper about the most solemn decision that a was averted by a last-minute diplo-
Mining Museum, and the Cleveland- nation can make: to send men and matic initiative.
Lloyd Dinosaur Quarry. Consolidated women to fight and die for their coun- In 1994, officials of the Clinton ad-
under the new National Heritage Area, try. ministration characterized the Haiti
these important sites and museums Entitled the ‘‘Use of Force Act,’’ the operation as a mere ‘‘police action’’—a
will add a Western flavor to the al- legislation would replace the war pow- semantic dodge designed to avoid con-
ready diverse network of existing Na- ers resolution of 1973 with a new mech- gressional authorization—and a dem-
tional Heritage Areas in our nation. anism that, I hope, will be more effec- onstration that the monarchist view
Next, this legislation sets up one of tive than the existing statute. prevails in the White House, without
our nation’s most significant and dy- Enacted nearly a quarter century
namic conservation areas. The San regard to political party.
ago, over the veto of President Nixon, And, most recently, the Clinton ad-
Rafael Conservation Area will encom- the war powers resolution has enjoyed ministration asserted that it had all
pass the entire San Rafael Swell and an unhappy fate—scorned by Presi- the authority it needed to initiate a
protect approximately 1 million acres dents who questioned its constitu-
of scenic splendor. The area will be military attack against Iraq—though
tionality, and ignored by a Congress it never publicly elaborated on this
managed according to the same stand- too timid to exercise its constitutional
ards set by Congress for all other con- supposed authority.
duty. In this case, the question was not
servation areas. In fact, this legislation That was not, of course, the intent of
withdraws the entire San Rafael Swell clear-cut—as it was in 1991. But two
its framers, who sought to improve ex-
from future oil drilling, logging, min- things emerged in the debate that rein-
ecutive-congressional cooperation on
ing, and tar sands development. More- force the need for this legislation.
questions involving the use of force—
over, the area will protect important First, it demonstrated that the execu-
and to remedy a dangerous constitu-
paleontological resources including an tive instinct to find ‘‘sufficient legal
tional imbalance.
area on the northern edge of the Swell This imbalance resulted from what I authority’’ to use force is undiluted.
know as the Cleveland-Lloyd Dinosaur call the ‘‘monarchist’’ view of the war Second, it demonstrated that Con-
Quarry which was set aside in 1966 as a power—the thesis that the President gress often lacks the institutional will
National Natural Landmark, preserv- holds nearly unlimited power to direct to carry out its responsibilities under
ing one of the largest sources of fossils American forces into action. the war power. Although there was
in the New World. The thesis is largely a product of the strong consensus that a strong re-
Of particular interest, Mr. President, cold war and the nuclear age: the view sponse was required to Saddam Hus-
is the designation of the Desert Big- that, at a time when the fate of the sein’s resistance to U.N. inspections,
horn Sheep National Management planet itself appeared to rest with two there was no consensus in this body
Area. This provision ensures that our men thousands of miles apart, Congress about whether Congress itself should
precious herd of bighorn sheep will con- had little choice, or so it was claimed authorize military action. Lacking
tinue to be monitored by state wildlife but to cede tremendous authority to such a consensus, Congress did noth-
managers. The bill also provides strict the executive. ing.
protections to other resources in the This thesis first emerged in 1950, Congress’ responsibilities could not
area. Last but not least, Mr. President, when President Truman sent forces to be clearer. Article one, section eight,
this legislation formally designates Korea without congressional authoriza- clause eleven of the Constitution
certain areas within the Swell as wil- tion. It peaked twenty years later, in grants to Congress the power ‘‘to de-
derness. 1970, when President Nixon sent U.S. clare war, grant letters of marque and
This proposal preserves a portion of forces into Cambodia—also without reprisal and to make rules concerning
the West as it currently exists and al- congressional authorization, but this captures on land and water.’’
lows for traditional uses, where appro- time accompanied by sweeping asser- To the President, the Constitution
priate, such as hunting, trapping, and tions of autonomous Presidential provides in article two, section two the
fishing. It will foster the development power. role of ‘‘Commander in Chief of the
and management of tourism in keeping President Nixon’s theory was so ex- Army and Navy of the United States.’’
with the overall goals of preservation. treme that it prompted the Senate to It may fairly be said that, with re-
This management concept is one of begin a search—a search led by Repub- gard to many constitutional provi-
multiple use and allows for the con- lican Jacob Javits and strongly sup- sions, the Framers’ intent was ambigu-
tinuation of working landscapes in- ported by a conservative Democrat, ous. But on the war power, both the
cluding agriculture, irrigation, and John Stennis of Mississippi—for some contemporaneous evidence and the
ranching, which are a part of our West- means of rectifying the constitutional early construction of these clauses do
ern tradition. imbalance. That search culminated in not leave much room for doubt.
Mr. President, this initiative is com- the war powers resolution. The original draft of the Constitution
patible with local and regional needs, Unfortunately, the war powers reso- would have given to Congress the
but it invites the world to come and lution has failed to fulfill its objective. power to ‘‘make war.’’ At the Constitu-
enjoy the natural and historical treas- If anything, the monarchist view has tional Convention, a motion was made
ures of the San Rafael Swell. I urge my become more deeply ingrained with the to change this to ‘‘declare war.’’ The
colleagues to support this important passage of time. reason for the change is instructive.
citizens’ initiative to preserve the San This trend was been on display At the Convention, James Madison
Rafael Swell. throughout this decade. Before the gulf and Elbridge Gerry argued for the
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9445
amendment solely in order to permit Our earliest Presidents were ex- In the past two decades, a premise
the President the power ‘‘to repel sud- tremely cautious about encroaching on has gained wide acceptance that the
den attacks.’’ Just one delegate, Pierce Congress’ power under the war clause. war powers resolution is fatally flawed.
Butler of South Carolina, suggested For example, in 1793, the first Presi- Indeed, there are flaws in the resolu-
that the President should be given the dent, George Washington, stated that tion but they need not have been fatal.
power to initiate war. offensive operations against an indian In 1988, determining that a review of
The rationale for vesting the power tribe, the Creek Nation, depended on the war powers resolution was in order,
to launch war in Congress was simple. congressional action: ‘‘The Constitu- the Foreign Relations Committee es-
The Framers’ views were dominated by tion vests the power of declaring war tablished a special subcommittee to as-
their experience with the British King, with Congress; therefore no offensive sume the task.
who had unfettered power to start expedition of importance can be under- As chairman of the subcommittee, I
wars. Such powers the Framers were taken until after they have deliberated conducted extensive hearings. Over the
determined to deny the President. upon the subject, and authorized such a course of two months, the subcommit-
Even Alexander Hamilton, a staunch measure.’’ tee heard from many distinguished wit-
advocate of Presidential power, empha- During the Presidency of John nesses: former President Ford, former
sized that the President’s power as Adams, the United States engaged in Secretaries of State and Defense,
Commander in Chief would be ‘‘much an undeclared naval war with France. former Joint Chiefs of Staff, former
inferior’’ to the British King, amount- But it bears emphasis that these mili- Members of Congress who drafted the
ing to ‘‘nothing more than the supreme tary engagements were clearly author- war powers resolution, and many con-
command and direction of the military ized by Congress by a series of incre- stitutional scholars.
and naval forces,’’ while that of the mental statutes. At the end of that process, I wrote a
British King ‘‘extends to declaring of The naval war with France also law review article describing how the
war and to the raising and regulating yielded three important Supreme Court war powers resolution might be thor-
of fleets and armies—all which, by [the decisions regarding the scope of the oughly rewritten to overcome its ac-
U.S.] Constitution, would appertain to war power. tual and perceived liabilities.
the legislature.’’ In 1799, Congress authorized the That effort provided the foundation
It is frequently contended by those President to intercept any U.S. vessels for the legislation I introduced in the
who favor vast Presidential powers headed to France. President Adams 104th Congress, and that I reintroduce
that Congress was granted only the subsequently ordered the Navy to seize today. The bill has many elements; I
ceremonial power to declare war. But will briefly summarize it.
any ships traveling to or from France.
the Framers had little interest, it First, the bill replaces the war pow-
The Supreme Court declared the sei-
seems, in the ceremonial aspects of ers resolution with a new version. But
zure of a U.S. vessel traveling from
war. The real issue was congressional I should make clear that I retain its
France to be illegal—thus ruling that
authorization of war. As Hamilton central element: a time-clock mecha-
Congress had the power not only to au-
noted in Federalist twenty-five, the nism that limits the President’s power
thorize limited war, and but also to to use force abroad. That mechanism,
‘‘ceremony of a formal denunciation of limit Presidential power to take mili-
war has of late fallen into disuse.’’ it bears emphasis, was found to be un-
tary action. ambiguously constitutional in a 1980
The conclusion that Congress was
The court ruled in two other cases opinion issued by the Office of Legal
given the power to initiate all wars, ex-
bearing on the question of limited war. Counsel at the Department of Justice.
cept to repel attacks on the United
Wars, the Court said, even if ‘‘imper- It is often asserted that the time-
States, is also strengthened in view of
fect,’’ are nonetheless wars. In still an- clock provisions is ‘‘unworkable,’’ or
the second part of the war clause: the
other case, Chief Justice Marshall that it invites our adversaries to make
power to ‘‘grant letters of marque and
opined that ‘‘the whole powers of war a conflict so painful in the short run so
reprisal.’’
An anachronism today, letters of [are] by the Constitution . . . vested in as to induce timidity in the Congress.
marque and reprisal were licenses Congress . . . [which] may authorize But with or without a war powers
issued by governments empowering general hostilities . . . or partial war.’’ law, American willingness to under-
agents to seize enemy ships or take ac- These precedents, and the historical take sustained hostilities will always
tion on land short of all-out war. In es- record of actions taken by other early be subject to democratic pressures. A
sence, it was an eighteenth century Presidents, have significantly more statutory mechanism is simply a
version of what we now regarded as bearing on the meaning of the war means of delineating procedure.
‘‘limited war’’ or ‘‘police actions.’’ clause than the modern era. And the procedure set forth in this
The framers undoubtedly knew that As Chief Justice Warren once wrote, legislation assures that if the Presi-
reprisals, or ‘‘imperfect war,’’ could ‘‘The precedential value of [prior prac- dent wants an early congressional vote
lead to an all-out war. England, for ex- tice] tends to increase in proportion to on a use of force abroad, his congres-
ample, had fought five wars between the proximity’’ to the constitutional sional supporters can produce it.
1652 and 1756 which were preceded by convention. Recent history tells us, of course,
public naval reprisals. Unfortunately, this constitutional that the American people, as well as
Surely, those who met at Philadel- history seems largely forgotten, and Congress, rally around the flag—and
phia—all learned men—knew and un- the doctrine of Presidential power that the Commander-in-Chief—in the early
derstood this history. Given this, the arose during the cold war remains in moments of a military deployment.
only logical conclusion is that the vogue. Second, my bill defuses the specter
framers intended to grant to Congress To accept the status quo requires us that a ‘‘timid Congress’’ can simply sit
the power to initiate all hostilities, to believe that the constitutional im- on its hands and permit the authority
even limited wars. balance serves our nation well. But it for a deployment to expire.
In sum, to accept the proposition can hardly be said that it does. First, it establishes elaborate expe-
that the war power is merely ceremo- As matters now stand, Congress is de- dited procedures designed to ensure
nial, or applies only to ‘‘big wars,’’ is nied its proper role in sharing in the that a vote will occur. And it explicitly
to read much of the war clause out of decision to commit American troops, defeats the ‘‘timid Congress’’ specter
the Constitution. Such a reading is and the President is deprived of the by granting to the President the au-
supported neither by the plain lan- consensus to help carry this policy thority he has sought if these proce-
guage of the text, or the original intent through. dures nonetheless fail to produce a
of the framers. I believe that only by establishing an vote.
Any doubt about the wisdom of rely- effective war powers mechanism can Thus, if the President requests au-
ing on this interpretation of the intent we ensure that both of these goals are thority for a sustained use of force—
of the framers is dispelled in view of met. The question then is this: How to one outside the realm of emergency—
the actions of early Presidents, early revise the war powers resolution in a and Congress fails to vote, the Presi-
Congresses, and early Supreme Court manner that gains bipartisan support— dent’s authority is extended indefi-
decisions. and support of the executive? nitely.
S9446 CONGRESSIONAL RECORD — SENATE July 30, 1998
Third, the legislation delineates what three-judge panel to decide only wheth- cant expansion of the U.S. military presence
I call the ‘‘going in’’ authorities for the er the time-clock mechanism has been in a country, or a commitment to a new mis-
President to use force. One fundamen- triggered. sion or objective); and
(2) the deployment is aimed at deterring an
tal weakness of the war powers resolu- The bill contains a provision grant- identified threat, or the forces deployed are
tion is that it fails to acknowledge ing standing to Members of Congress, a incurring or inflicting casualties (or are op-
powers that most scholars agree are in- door that the Supreme Court appears erating with a substantial possibility of in-
herent Presidential powers: to repel an to have largely closed in the case of curring or inflicting casualties).
armed attack upon the United States Raines versus Byrd—the line-item veto TITLE I—GENERAL PROVISIONS
or its Armed Forces, or to rescue challenge brought by the senior Sen- Section 101. Authority and Governing Prin-
Americans abroad. ator from West Virginia. I believe, not- ciples. This section sets forth the Presi-
My legislation corrects this defi- withstanding the holding of that case, dential authorities being ‘‘conferred and con-
firmed.’’ Based on the Constitution and this
ciency by enumerating five instances that a Member of Congress would suffer Act, the President may use force—
where the President may use force: the concrete injury necessary to sat- (1) to repel an attack on U.S. territory or
(1) To repel attack on U.S. territory isfy the standing requirement under ar- U.S. forces;
or U.S. forces; ticle three of the Constitution. (2) to deal with urgent situations threaten-
(2) To deal with urgent situations The reason is this: The failure of the ing supreme U.S. interests;
threatening supreme U.S. interests; (3) to extricate imperiled U.S. citizens;
President to submit a use of force re- (4) to forestall or retaliate against specific
(3) To extricate imperiled U.S. citi- port would harm the ability of a Mem- acts of terrorism;
zens; ber of Congress to exercise a power (5) to defend against substantial threats to
(4) To forestall or retaliate against clearly reposed in Congress under arti- international sea lanes or airspace.
specific acts of terrorism; cle one, section eight. That injury, I Against a complaint that this list is exces-
(5) To defend against substantial sively permissive, it should be emphasized
believe, should suffice in clearing the that these are the President’s initial au-
threats to international sea lanes or high hurdle on standing which the thorities to undertake a use of force—so-
airspace; Court imposed in the Byrd case. No pri- called ‘‘going in’’ authorities—and that the
It may be that no such enumeration vate individual can bring such a suit; if ‘‘staying in’’ conditions set forth in section
can be exhaustive. But the cir- a Member of Congress cannot, then no 104 will, in most cases, bear heavily on the
cumstances set forth would have sanc- one can. President’s original decision.
tioned virtually every use of force by Section 102. Consultation. Section 102 af-
I have no illusions that enacting this firms the importance of consultation be-
the United States since World War legislation will be easy. But I am deter- tween the President and Congress and estab-
Two. mined to try. lishes new means to facilitate it. To over-
This concession of authority is cir- The status quo—with Presidents as- come the common complaint that Presidents
cumscribed by the maintenance of the serting broad executive power, and must contend with ‘‘535 secretaries of state,’’
time-clock provision. Congress often content to surrender its the UFA establishes a Congressional Leader-
After sixty days have passed, the ship Group with whom the President is man-
constitutional powers—does not serve
President’s authority would expire, un- dated to consult on the use of force.
the American people well. A framework of regular consultations be-
less one of three conditions had been More fundamentally, it does not tween specified Executive branch officials
met: serve the men and women who risk and relevant congressional committees is
(1) Congress has declared war or en- their lives to defend our interests. For also mandated in order to establish a
acted specific statutory authorization; that, ultimately, must be the test of ‘‘norm’’ of consultative interaction and in
(2) The President has requested au- hope of overcoming what many find to be the
any war powers law.
thority for an extended use of force but overly theatrical public-hearing process that
Mr. President, I ask unanimous con- has superseded the more frank and informal
Congress has failed to act on that re- sent that the section-by-section analy- consultations of earlier years.
quest, notwithstanding the expedited sis be included in the RECORD. Note: An alternative to the Use of Force
procedures established by this act: There being no objection, the sec- Act is to repeal (or effectively repeal) the
(3) The President has certified the ex- tion-by-section analysis was ordered to War Powers Resolution and leave in its place
istence of an emergency threatening be printed in the RECORD, as follows: only a Congressional Leadership Group. (This
the supreme national interests of the is the essence of S.J. Res. 323, 100th Congress,
SECTION-BY-SECTION ANALYSIS legislation to amend the War Powers Resolu-
United States.
Section 1. Short Title. The title of the bill tion introduced by Senators Byrd, Warner,
The legislation also affirms the im- Nunn, and Mitchell in 1988.) This approach,
is the ‘‘Use of Force Act (UFA).’’
portance of consultation between the Section 2. Table of Contents. which relies on ‘‘consultation and the Con-
President and Congress and establishes Section 3. Findings. This section sets forth stitution,’’ avoids the complexities of enact-
a new means to facilitate it. three findings regarding the need to provide ing legislation such as the UFA but fails to
To overcome the common complaint a statutory framework to facilitate joint de- solve chronic problems of procedure or au-
that Presidents must contend with ‘‘535 cisionmaking between Congress and the thority, leaving matters of process and
Secretaries of State,’’ the bill estab- President regarding decisions to use force power to be debated anew as each crisis
abroad. arises. In contrast, the Use of Force Act
lishes a congressional leadership group would perform one of the valuable functions
Section 4. Statement of Purpose. The key
with whom the President is mandated of law, which is to guide individual and insti-
phrase in this section is ‘‘confer and confirm
to consult on the use of force. Presidential authority.’’ The Use of Force tutional behavior.
Another infirmity of the war powers Act is designed to bridge the long-standing— Section 103. Reporting Requirements. Sec-
resolution is that it fails to define and, for all practical purposes, tion 103 requires that the President report in
‘‘hostilities.’’ Thus, Presidents fre- unresolvable—dispute over precisely what writing to the Congress concerning any use
of force, not later than 48 hours after com-
quently engaged in a verbal gymnastics constitutes the President’s ‘‘inherent’’ au-
thority to use force. Whereas the War Pow- mencing a use of force abroad.
of insisting that ‘‘hostilities’’ were not Section 104. Conditions for Extended Use of
‘‘imminent’’—even when hundreds of ers Resolution purported to delineate the
Force. Section 104 sets forth the ‘‘staying in’’
thousands of troops were positioned in President’s constitutional authority and to
conditions: that is, the conditions that must
grant no more, the Use of Force Act sets
the Arabian desert opposite Saddam’s be met if the President is to sustain a use of
forth a range of authorities that are prac- force he has begun under the authorities set
legions. tical for the modern age and sufficiently
Therefore, the legislation includes a forth in section 101. A use of force may ex-
broad to subsume all presidential authorities tend beyond 60 days only if—
more precise definition of what con- deemed ‘‘inherent’’ by any reasonable con- (1) Congress has declared war or enacted
stitutes a ‘‘use of force.’’ stitutional interpretation. specific statutory authorization;
Finally, to make the statutory mech- Section 5. Definitions. This section defines (2) the President has requested authority
anism complete, the use of force act a number of terms, including the term ‘‘use for an extended use of force but Congress has
provides a means for judicial review. of force abroad,’’ thus correcting a major failed to act on that request (notwithstand-
flaw of the War Powers Resolution, which ing the expedited procedures established by
Because I share the reluctance of many
left undefined the term ‘‘hostilities.’’ Title II of this Act);
of my colleagues to inject the judiciary As defined in the Use of Force Act, a ‘‘use (3) the President has certified the exist-
into decisions that should be made by of force abroad’’ comprises two prongs: ence of an emergency threatening the su-
the political branches, this provision is (1) a deployment of U.S. armed forces (ei- preme national interests of the United
extremely limited. It empowers a ther a new introduction of forces, a signifi- States.
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9447
The second and third conditions are de- Section 106. Funding Limitations. This sec- Section 109. Severability. This section stipu-
signed to provide sound means other than a tion prohibits the expenditure of funds for lates that certain sections of the UFA would
declaration of war or the enactment of spe- any use of force inconsistent with the UFA. be null and void, and others not affected, if
cific statutory authority by which the Presi- Further, this section exercises the power of specified provisions of the UFA were held by
dent may engage in an extended use of force. Congress to make its own rules by providing the Courts to be invalid.
Through these conditions, the Use of Force that a point of order will lie against any Section 110. Repeal of War Powers Resolu-
Act avoids two principal criticisms of the measure containing funds to perpetuate a tion. Section 110 repeals the War Powers Res-
War Powers Resolution: (1) that Congress use of force that Congress, by concurrent olution of 1973.
could irresponsibly require a force with- resolution, has found to be illegitimate. TITLE II—EXPEDITED PROCEDURES
drawal simply through inaction; and (2) that Section 107. Judicial Review. This section
Section 201. Priority Procedures. Section 201
the law might, under certain circumstances, permits judicial review of any action
provides for the expedited parliamentary
unconstitutionally deny the President the brought by a Member of Congress on the
procedures that are integral to the function-
use of his ‘‘inherent’’ authority. grounds that the UFA has been violated. It
ing of the Act. (These procedures are drawn
To defuse the specter of a President ham- does so by—
(1) granting standing to any Member of from the war powers legislation cited earlier,
strung by a Congress too timid or inept to
Congress who brings suit in the U.S. District introduced by Senator Robert Byrd et al. in
face its responsibilities, the UFA uses two
Court for the District of Columbia; 1988.)
means: first, it establishes elaborate expe-
(2) providing that neither the District Section 202. Repeal of Obsolete Expedited
dited procedures designed to ensure that a
Court nor the Supreme Court may refuse to Procedures. Section 202 repeals other expe-
vote will occur; second, it explicitly defeats
make a determination on the merits based dited procedures provided for in existing
the ‘‘timid Congress’’ specter by granting to
on certain judicial doctrines, such as politi- law.∑
the President the authority he has sought if
these procedures nonetheless fail to produce cal question or ripeness (doctrines invoked
previously by courts to avoid deciding cases By Mr. DORGAN.
a vote. Thus, if the President requests au-
thority for a sustained use of force—one out- regarding the war power); S. 2388. A bill to amend the Internal
side the realm of emergency—and Congress (3) prescribing the judicial remedies avail- Revenue Code of 1986 to provide an ex-
fails to vote, the President’s authority is ex- able to the District Court; and clusion for gain from the sale of farm-
(4) creating a right of direct appeal to the land which is similar to the exclusion
tended indefinitely.
The final condition should satisfy all but Supreme Court and encouraging expeditious
consideration of such appeal. from gain on the sale of a principal res-
proponents of an extreme ‘‘monarchist’’ in- idence; to the Committee on Finance.
It bears emphasis that the remedy pre-
terpretation under which the President has
scribed is modest, and does not risk unwar- LEGISLATION TO PROVIDE EXCLUSION FOR GAIN
the constitutional authority to use force as
ranted interference of the judicial branch in FROM THE SALE OF FARMLAND
he sees fit. Under all other interpretations, a decision better reposed in the political
the concept of an ‘‘inherent’’ authority de- ∑ Mr. DORGAN. Mr. President, a new
branches. It provides that the matter must and disastrous farm crisis is roaring
pends upon the element of emergency: the be heard by a three-judge panel; one of these
need for the President to act under urgent judges must a circuit judge. Additionally,
through the Upper Midwest. Family
circumstances to defend the nation’s secu- the power of the court is extremely limited: farmers are under severe assault and
rity and its citizens. If so, the UFA protects it may only declare that the 60-day period many of them are simply not making

ll
any ‘‘inherent’’ presidential authority by af- set forth in Section 104 has begun. it. It’s not their fault. It’s just that the
firming his ability to act for up to 60 days In 1997, the Supreme Court held, in Raines combination of bad weather, crop dis-
under the broad-ranging authorities in sec- v. Byrd, that Members of Congress did not
tion 101 and, in the event he is prepared to
ease, low yield, low prices and bad fed-
have standing to challenge an alleged con- eral farm policy is too much to handle.
certify an extended national emergency, to stitutional violation under the Line-Item
exercise the authority available to him Veto Act. That case might be read to suggest Under the current federal farm law
through the final condition of section 104. that a Member of Congress can never attain there is no price safety net. Farmers
Section 105. Measures Eligible for Congres- standing. But such a conclusion would be un- are—as they were in the 1930’s —at the
sional Priority Procedures. This section estab- warranted. First, the Court made clear in mercy of forces much bigger than they
lishes criteria by which joint and concurrent Raines that an explicit grant of authority to are.
resolutions become eligible for the expedited bring a suit eliminates any ‘‘prudential’’ The exodus occurring from family
procedures created by Title II of the UFA. limitations on standing. Raines v. Byrd, 521
A joint resolution that declares war or pro- farms in the Upper Midwest is heart-
U.S. , , n.3 (1997) (slip op., at 8, n.3)
vides specific statutory authorization—or breaking and demands the immediate
Second, a more recent decision of the Court
one that terminates, limits, or prohibits a suggests that a Member of Congress could at- attention of this Congress. We need to
use of force—becomes eligible if it is intro- tain ‘‘constitutional standing’’ (that is, meet address this problem both within the
duced: (1) pursuant to a written request by the ‘‘case or controversy’’ requirements of farm program and in other policy areas
the President to any one member of Con- Article III) in just the sort of case envisaged as well.
gress; (2) if cosponsored by a majority of the by the Use of Force Act. In Federal Election For example, Mr. President, there’s a
members of the Congressional Leadership Commission v. Akins, a case decided on June 1, fundamental flaw in the tax code that
Group in the house where introduced; or (3) 1998, the Court permitted standing in a case
if cosponsored by 30 percent of the members we need to fix. It adds insult to injury
where the plaintiffs sought to require the
of either house. Thus, there is almost no con- Federal Election Commission (FEC) to treat
for many of these farmers. You see, too
ceivable instance in which a President can be an organization as a ‘‘political committee,’’ often, these family farmers are not
denied a prompt vote: he need only ask one which then would have triggered public dis- able to take full advantage of the
member of Congress to introduce a resolution closure of certain information about that or- $500,000 capital gains tax break that
on his behalf. ganization. The Court held that standing city folks get when they sell their
A concurrent resolution becomes eligible if would be permitted where the plaintiff ‘‘fails homes. Once family farmers have been
it meets either of the cosponsorship criteria to obtain information which must be pub-
cited above and contains a finding that a use beaten down and forced to sell the farm
licly disclosed pursuant to statute.’’ A case
of force abroad began on a certain date, or under the Use of Force Act would be analo-
they’ve farmed for generations, they
has exceeded the 60 day limitation, or has gous—in that the plaintiff Members of Con- get a rude awakening. Many of them
been undertaken outside the authority pro- gress would seek information in a ‘‘Use of discover, as they leave the farm, that
vided by section 101, or is being conducted in Force Report’’ required to be submitted to Uncle Sam is waiting for them at the
a manner inconsistent with the governing Congress by Section 103(a). Such informa- end of the lane with a big tax bill.
principles set forth in section 101. tion, quite obviously, would be essential to One of the most popular provisions
While having no direct legal effect, the Members of Congress in the exercise of their included in last year’s major tax bill
passage of a concurrent resolution under the constitutional powers under the war clause
UFA could have considerable significance: permits families to exclude from fed-
of the Constitution (Article I, Section 8,
politically, it would represent a clear, Clause 11), a power they alone possess. eral income tax up to $500,000 of gain
prompt, and formal congressional repudi- Section 108. Interpretation. This section from the sale of their principal resi-
ation of a presidential action; within Con- clarifies several points of interpretation, in- dences. That’s a good deal, especially
gress, it would trigger parliamentary rules cluding these: that authority to use force is for most urban and suburban dwellers
blocking further consideration of measures not derived from other statutes or from trea- who have spent many years paying for
providing funds for the use of force in ques- ties (which create international obligations their houses, and who regard their
tion (as provided by section 106 of the UFA); but not authority in a domestic, constitu-
houses as both a home and a retire-
and juridically, it would become a consider- tional context); and that the failure of Con-
ation in any action brought by a member of gress to pass any joint or concurrent resolu- ment account. For many middle in-
Congress for declaratory judgment and in- tion concerning a particular use of force may come families, their home is their
junctive relief (as envisaged by section 107 of not be construed as indicating congressional major financial asset, an asset the fam-
the UFA). authorization or approval. ily can draw on in retirement. House
S9448 CONGRESSIONAL RECORD — SENATE July 30, 1998
prices in major growth markets such as disease and slumping grain prices and many of these efforts are succeeding,
Washington, D.C., New York, or Cali- sells his farmstead that his family has than some of the attacks in the current
fornia may start at hundreds of thou- operated for decades. If he must report Congress on unions representing the
sands of dollars. As a result, the urban a gain of $10,000 on the sale of farm country’s working people.
dwellers who have owned their homes house, that is all he can exclude under Why have we seen so many bills with
through many years of appreciation current law. But if, for example, he Orwellian titles such as the TEAM Act,
can often benefit from a large portion sold 1000 acres surrounding the farm which has little to do with employer-
of this new $500,000 capital gains tax house for $400,000, and the capital gain employee teamwork and a lot more to
exclusion. Unfortunately this provi- was $200,000, he would be subject to do with company-dominated labor or-
sion, as currently applied, is virtually $40,000 tax on that gain. Again, my pro- ganizations? Such as the ‘‘Family
useless to family farmers. vision excludes from tax the gain on Friendly Workplace Act,’’ which really
For farm families, their farm is their the farmhouse and land up to the isn’t family friendly, but would reduce
major financial asset. Unfortunately, $500,000 maximum that is otherwise working families’ pay and undercut the
family farmers under current law re- available to a family on the sale of its 40-hour workweek? Such as the so-
ceive little or no benefit from the new residence. called SAFE Act, which doesn’t pro-
$500,000 exclusion because the IRS sepa- We must wage, on every federal and mote safety but actually would roll
rates the value of their homes from the state policy front, the battle to stem back well-established and necessary
value of the farmland the homes sit on. the loss of family farmers. Tax provi- OSHA protections?
As people from my state of North Da- sions have grown increasingly impor- Why does the majority in Congress
kota know, houses out on the tant as our farm families deal with seem so desperate to single out unions
farmsteads of rural America are more drought, floods, diseases and price to suppress their political activities at
commonly sold for $5,000 to $40,000. swings. the same time they maneuver to kill
Most farmers plow any profits they I believe that Congress should move genuine political campaign finance re-
make into the whole farm rather than quickly to pass this legislation and form?
into a house that will hold little or no other meaningful measures to help get It is because unions are succeeding.
value when the farm is sold. It’s not working capital into the hands of our That is a good thing because in my
surprising that the IRS often judges family farmers in the Great Plains. view, when organized labor fights for
that homes far out in the country have Let’s stop penalizing farmers who are job security, for dignity, justice and for
very little value and thus farmers re- forced out of agriculture. Let’s allow a fair share of America’s prosperity, it
ceive much less benefit from this farmers to benefit from the same kind is not a struggle merely for their own
$500,000 exclusion than do their urban of tax exclusion that most homeowners benefit. The gains of unionized workers
and suburban counterparts. As a result, already receive. This is the right thing on basic bread and butter issues are
the capital gain exclusion is little or to do. And it’s the fair thing to do.∑ key to the economic security of all
no help to farmers who are being forced working families.
out of business. They may immediately By Mr. WELLSTONE: How can it be that as many as 10,000
face a hefty capital gains tax bill from S. 2389. A bill to strengthen the Americans lose their jobs each year for
the IRS. rights of workers to associate, organize supporting union organizing when the
This is simply wrong, Mr. President. and strike, and for other purposes; to National Labor Relations Act already
It is unfair. Federal farm policy helped the Committee on Labor and Human supposedly prohibits the firing of an
create the hole that many of these Resources. employee to deny his or her right to
farmers find themselves in. Federal tax FAIR LABOR ORGANIZING ACT freely organize or join a union? If more
policy shouldn’t dig the hole deeper as ∑ Mr. WELLSTONE. Mr. President, I than four in 10 workers who are not
they attempt to shovel their way out. rise to introduce a bill, the Fair Labor currently in a union say they would
The legislation that I’m introducing Organizing Act, to strengthen the basic join one if they had the opportunity,
today recognizes the unique character rights of workers freely to associate, why aren’t there more opportunities?
and role of our family farmers and organize and to join a union. The bill Since we know that union workers
their important contributions to our would address significant shortcomings earn up to one-third more than non-
economy. It expands the $500,000 cap- in the National Labor Relations Act. union workers and are more likely to
ital gains tax exclusion for sales of These shortcomings amount to impedi- have pensions and health benefits, why
principal residences to cover family ments to one of the most fundamental aren’t more workers unionized when
farmers who sell their farmhouses or ways that working people can seek to
surrounding farmland, so long as they the new labor movement is correctly
improve their own and their families’ focused on organizing?
are actively engaged in farming prior
standard of living and quality of life, The answer to these basic questions
to the sales. In this way, farmers may
which is to join, belong to and partici- is this: we need labor law reform. We
get some benefit from a tax break that
pate in a union. need to improve the National Labor
would otherwise be unavailable to Mr. President, in the past few years, Relations Act (NLRA).
them. working men and women across the
I fully understand that this legisla- The Fair Labor Organizing Act would
country have been fighting and orga- achieve three basic goals. First, it
tion is not a cure-all for financial hard-
nizing with a new energy. They are would help employees make fully in-
ships that are ailing our farm commu-
nities. This legislation is just one of a fighting for better health care, pen- formed, free decisions about union rep-
number of policy initiatives we can use sions, a living wage, better education resentation. Second, it would expand
to ease the pain for family farmers as policy and fairer trade policy. They the remedies available to wrongfully
we pursue other initiatives to help turn also are fighting and organizing to en- discharged employees. Third, it would
around the crippled farm economy. sure that they have the opportunity to require mediation and arbitration
Again, my legislation would expand be represented by a union through when employers and employees fail to
the $500,000 tax exclusion for principle which they can collectively bargain reach a collective bargaining agree-
residences to cover the entire farm. with their employers. Much of this or- ment on their own.
Specifically, the provision will allow a ganizing is taking place among sectors It is late in the current Congress. My
family or individual who has actively of the workforce, and among portions bill may not receive full consideration
engaged in farming prior to the farm of our working population, that have or be enacted into law this year. But I
sale to exclude the gain from the sale not previously been organized. I think believe it is important to set a stand-
up to the $500,000 maximum. these new efforts are part of what real- ard and place a marker. Workers across
What does this relief mean to the ly is a new civil rights and human America are fighting for their rights,
thousands of farmers who are being rights struggle in our country. It is an and many are finding that the playing
forced to sell off the farm due to cur- important and positive historical de- field is tilted against them. The NLRA
rent economic conditions? velopment. There is probably no clear- does not fully allow them fair oppor-
Take, for example, a farmer who is er indication that the impact of this tunity to speak freely, to associate, or-
forced to leave today because of crop development is being felt, and that ganize and join a union, even though
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9449
that is its intended purpose. I have agreements they can live with. It gives MTBE exports to the United States in
walked some picket lines during the both parties incentive to reach genuine recent years. These exports have not
past two years. I have joined in solidar- agreement without allowing either side only reduced the U.S. market share of
ity with workers seeking to organize. I to indefinitely hold the other hostage American producers of MTBE, ETBE,
have called on employers to bargain in to unrealistic proposals. and ethanol, but also has discouraged
good faith with their employees during Mr. President, this bill would be a new capital investment, thereby de-
disputes. I intend to continue doing so, step toward fairness for working fami- priving American workers, farmers,
and I urge colleagues to do the same. lies in America. The proposals are not and investors of a significant share of
At the same time, it is clear to nearly new. I hope my colleagues will support the economic activity that Congress
any organizer and to many workers the bill.∑ contemplated when it drafted the
who have sought to join a union that oxygenated fuel requirements of the
the rules in crucial ways are stacked By Mr. DASCHLE: Clean Air Act Amendments of 1990.
against them. My bill seeks to address Mr. President, I believe it is high
S. 2391. A bill to authorize and direct
that fact. time for the United States government
First, it is a central tenet of U.S. the Secretary of Commerce to initiate
to respond to the Saudi government’s
labor policy that employees should be an investigation under section 702 of
subsidies. Saudi Arabia is a valued
free to make informed and free deci- the Tariff Act of 1930 of methlyl ter-
ally; however, our bond of friendship
sions about union representation. Yet, tiary butyl ether imported from Saudi
should not be a justification for turn-
union organizers have limited access to Arabia; to the Committee on Finance.
ing a blind eye to an unfair element of
FAIR TRADE IN MTBE ACT OF 1998
employees while employers have unfet- our otherwise mutually beneficial trad-
tered access. Employers have daily Mr. DASCHLE. Mr. President, today ing relationship.
contact with employees. They may dis- I am pleased to introduce legislation Because it is not a member of the
tribute written materials about unions. designed to combat unfairly traded im- World Trade Organization nor a party
They may require employees to attend ports of methyl tertiary butyl ether to its Agreement on Subsidies and
meetings where they present their (MTBE) from Saudi Arabia. MTBE is Countervailing Measures, the Saudi
views on union representation. They an oxygenated fuel additive derived government may not feel constrained
may talk to employees one-on-one from methanol. by the international trade rules by
about how they view union representa- Through the wintertime oxygenated which we legally are required to abide.
tion. On the other hand, union organiz- fuels program to reduce carbon mon- This does not mean, however, that we
ers are restricted from worksites and oxide pollution and through the refor- must stand idly by while foreign sub-
even public areas. mulated gasoline program to reduce sidies undermine an important sector
If we want people to make independ- emissions of toxics and ozone-causing of our economy.
ent, informed decisions about whether chemicals, we have created consider- For this reason, my bill would re-
they should be represented by a union, able demand in this nation for quire the Secretary of Commerce to
then we have to give them equal access oxygenated fuels, such as MTBE, ETBE self-initiate an investigation under
to both sides of the story. This bill and ethanol. It has been my hope that Section 702 of the Tariff Act of 1930 to
would amend the National Labor Rela- this demand could be met with domes- determine whether a countervailable
tions Act to provide equal time to tically-produced oxygenates, thereby subsidy has been provided with respect
labor organizations to provide informa- reducing our dependence on foreign im- to Saudi Arabian exports of methyl
tion about union representation. Equal ports and expanding economic opportu- tertiary butyl ether (MTBE). If the
time. That means that an employer nities at home. Unfortunately, this Secretary finds that a subsidy has in-
would trigger the equal time provision goal has not been achieved, in large deed been provided to Saudi producers,
that this bill would insert into the part because of a substantial expansion he would be required under the terms
NLRA by expressing opinions on union of subsidized MTBE imports from of our existing law to impose an import
representation during work hours or at Saudi Arabia. duty in the amount necessary to offset
the worksite. The provision would give Mr. President, I am a supporter of the subsidy. Because Saudi Arabia is
a union equal time to use the same free trade when it is also fair trade. not a member of the WTO, there would
media used by the employer to distrib- However, there has been a marked be no requirement for a demonstration
ute information, and would allow the surge in MTBE imports from Saudi of injury to the domestic industry as a
union access to the worksite to com- Arabia in recent years that does not re- result of the subsidy.
municate with employees. flect the natural outcome of market- Let’s talk for a moment about what
The second reform in the bill would based competition. is at stake here for American consum-
toughen penalties for wrongful dis- These imports appear to be driven by ers. Last year, I asked the U.S. General
charge violations. It would require the a pattern of government subsidies. Not Accounting Office (GAO) to assess the
National Labor Relations Board to only is this increasing our dependence impact on U.S. oil imports of the Re-
award back pay equal to 3 times the on foreign suppliers, but it is unfairly formulated Gasoline (RFG) program
employee’s wages when the Board finds harming domestic oxygenate producers that was created by Congress in 1991.
that an employee is discharged as a re- and those who provide the raw mate- The GAO found that the U.S. RFG pro-
sult of an unfair labor practice. It also rials for these oxygenates, such as gram has already resulted in over
would allow employees to file civil ac- America’s farmers. 250,000 barrels per day less imported pe-
tions to recover punitive damages The Saudi government has made no troleum due to the addition of
when they have been discharged as a secret of its desire to expand domestic oxygenates like ethanol, ETBE and
result of an unfair labor practice. industrial capacity of methyl tertiary MTBE. That means, at an average of
Third, the bill would put in place me- butyl ether (MTBE). In particular, sev- $20 spent per barrel of imported oil, we
diation and arbitration procedures to eral years ago, there were public re- currently save nearly $2 billion per
help employers and employees reach ports that the Saudi government prom- year due to domestically produced
mutually agreeable first-contract col- ised investors a 30% discount relative oxygenates.
lective bargaining agreements. It to world prices on the feedstock raw The GAO further found that, if all
would require mediation if the parties materials used in the production of gasoline in the U.S. were reformulated
cannot reach agreement on their own MTBE. The feedstock is the major cost (compared to the current 35%), the U.S.
after 60 days. Should the parties not component of MTBE production, and would import 777,000 fewer barrels of
reach agreement 30 days after a medi- the Saudi government decree has ap- oil per day. That is more than $5.5 bil-
ator is selected, then either party parently translated into a nearly ¥30% lion per year that would not be flowing
could call in the Federal Mediation and artificial cost advantage to Saudi- to foreign oil producers and could be
Conciliation Service for binding arbi- based producers and exporters. reinvested in the United States.
tration. I believe that this proposal Moreover, it appears that this bla- This is not ‘‘pie-in-the-sky’’ theory.
represents a balanced solution—one tant subsidy is in large measure re- Ethanol production and domestically
that would help both parties reach sponsible for the increase in Saudi produced MTBE can reduce oil imports
S9450 CONGRESSIONAL RECORD — SENATE July 30, 1998
and strengthen our economy. In rural administering authority shall initiate an in- evident that the fear of legal liability
America, for example, new ethanol and vestigation pursuant to title VII of the Tar- has proven to be the single biggest de-
ETBE plants will be built, so long as iff Act of 1930 (19 U.S.C. 1671 et seq.) to deter- terrent to the open sharing of Year 2000
mine if the necessary elements exist for the
we wise up and create a level playing information. With just over 500 days re-
imposition of a duty under section 701 of
field against subsidized Saudi competi- such Act with respect to the importation maining before the Year 2000 problem
tion. into the United States of MTBE from Saudi manifests itself in full, we must do ev-
Phase II of the Clean Air Act’s refor- Arabia. erything we can to encourage the shar-
mulated gasoline program (RFG) re- (b) ADMINISTERING AUTHORITY.—For pur- ing of vital Year 2000 information.
quires transportation fuels to meet poses of this section, the term ‘‘administer- Through this sharing, organizations
even tougher emissions standards ing authority’’ has the meaning given such can save valuable time and resources in
starting in the year 2000. That gasoline term by section 771(1) of the Tariff Act of
1930 (19 U.S.C. 1677(1)).
addressing their Year 2000 problems.
market is growing, with demand for
ethanol, ETBE and MTBE in 2005 esti- But, we must be careful to pass
mated to be 300,000 barrels per day. Un- By Mr. BENNETT (for himself, meaningful legislation that will indeed
less we act to ensure that American- Mr. DODD, Mr. MOYNIHAN, Mr. encourage disclosure and sharing of
made oxygenated fuels can compete in KOHL, and Mr. ROBB) (by re- Year 2000 information. For example,
American fuels markets, we stand to quest): small companies which cannot afford
cede those markets to subsidized Saudi S. 2392. A bill to encourage the dis- to do all of their own testing and who,
Arabian MTBE. closure and exchange of information for the most part, are not as knowl-
Mr. President, I am hopeful that my about computer processing problems edgeable about where the dangers of
legislation will help level the playing and related matters in connection with the Y2K bug may appear are significant
field for American producers of etha- the transition to the Year 2000; to the elements of our economy and their Y2K
nol, ETBE and MTBE and add new eco- Committee on the Judiciary. failures could have devastating im-
nomic vitality to their associated com- YEAR 2000 INFORMATION DISCLOSURE ACT pacts on those who depend on their
munities of workers, farmers, and busi- ∑ Mr. BENNETT. Mr. President, today services.
ness owners. I urge my colleagues to I introduce, by request of President We look forward to hearing the input
give it serious consideration and to Bill Clinton, the Administration’s of those companies and individuals who
enact it as soon as possible so that we ‘‘Good Samaritan’’ legislation referred are affected both as plaintiffs and de-
may begin the process of bringing fair- to as the ‘‘Year 2000 Information Dis- fendants. To be of value, we must pass
ness back into the realm of inter- closure Act’’.
legislation this year. To that end, we
national trade in oxygenated fuels. I want to thank the White House for
will be working closely with the ad-
Mr. President, I ask unanimous con- joining Vice Chairman DODD and the
ministration, and with Senators HATCH
sent that the text of the bill be printed rest of the members of the Special
in the RECORD. and LEAHY of the Judiciary Committee
Committee on the Year 2000 Tech-
There being no objection, the bill was which has the primary jurisdiction for
nology Problem in the debate on how
ordered to be printed in the RECORD, as this legislation.∑
to promote the flow of information on
follows: Year 2000 readiness throughout the pri- ∑ Mr. MOYNIHAN. Mr. President, I am
S. 2391 vate sector. The Administration’s rec- pleased to join with Senators ROBERT
Be it enacted by the Senate and House of Rep- ognition of this problem, the fear of F. BENNETT (R–UT) and CHRISTOPHER
resentatives of the United States of America in law suits and its stifling effect on com- DODD (D–CT) today as original cospon-
Congress assembled, panies’ willingness to disclose helpful sors of President Clinton’s ‘‘Year 2000
SECTION 1. SHORT TITLE.
Y2K information, is invaluable in help- (Y2K) Information Disclosure Act.’’
This Act may be cited as the ‘‘Fair Trade
in MTBE Act of 1998’’. ing all of us deal with this national cri- This legislation is intended to promote
SEC. 2. FINDINGS. sis. the open sharing of information about
Congress makes the following findings: The existing legal framework clearly Y2K solutions by protecting those who
(1) Section 814 of Public Law 101-549 (com- discourages the sharing of critical in- share information in good faith from li-
monly referred to as the ‘‘Clean Air Act formation between private sector com- ability claims based on exchanges of
Amendments of 1990’’) expressed the sense of panies. The President’s bill attempts to information. As the President stated in
Congress that every effort should be made to limit the legal liability of corporations his speech at the National Academy of
purchase and produce American-made refor- and other organizations who in good Sciences on July 14, 1998, the purpose
mulated gasoline and other clean fuel prod-
faith openly share information about of this legislation is to ‘‘guarantee that
ucts.
(2) Since the passage of the Clean Air computer and technology processing businesses which share information
Amendments Act of 1990, Saudi Arabia has problems and related matters in con- about their readiness with the public
added substantial industrial capacity for the nection with the transition to the Year or with each other, and do it honestly
production of methyl tertiary butyl ether (in 2000. We welcome the thoughtful ideas and carefully, cannot be held liable for
this Act referred to as ‘‘MTBE’’). of the White House and the hard work the exchange of that information if it
(3) The expansion of Saudi Arabian produc- of the Office of Management and Budg- turns out to be inaccurate.’’
tion capacity has been stimulated by govern- et, as well John Koskinen, the Chair-
ment subsidies, notably in the form of a gov- The open sharing of information on
ernmental decree guaranteeing Saudi Ara-
man of the President’s Council on Year the Y2K problem will play a significant
bian MTBE producers a 30 percent discount 2000 Conversion. role in preparing the nation and the
relative to world prices on feedstock. President Clinton’s proposal rep- world for the millennial malady. I urge
(4) The expansion of subsidized Saudi Ara- resents a good starting point from the prompt and favorable consideration
bian production has been accompanied by a which to begin the process of address- of this legislation. There is no time to
major increase in Saudi Arabian MTBE ex- ing the critical need for private sector waste.∑
ported to the United States. information sharing announced in his
(5) The subsidized Saudi Arabian MTBE ex- speech before the National Sciences ∑ Mr. DODD. Mr. President, today I
ports have reduced the market share of join with Senator ROBERT BENNETT, the
American producers of MTBE, ETBE, and
Foundation on Tuesday, July 14.
The Senate Special Committee on chairman of the Senate Special Com-
ethanol, as well as discouraged capital in- mittee on the Year 2000 Technology
vestment by American producers. the Year 2000 Technology Problem,
(6) Saudi Arabia is not a member of the which I chair, has to date held hearings Problem, to introduce, at the request
World Trade Organization and is not subject on Year 2000 problems in several indus- of the President of the United States,
to the terms and conditions of the Agree- try sectors including energy utilities, ‘‘The Year 2000 Information Disclosure
ment on Subsidies and Countervailing Meas- financial institutions, and health care. Act.’’ We are joined in this introduc-
ures negotiated as part of the Uruguay This Friday, July 31, the Committee tion by Senators MOYNIHAN, KOHL, and
Round Agreements. ROBB.
SEC. 3. INITIATION OF COUNTERVAILING DUTY
will hold its fourth hearing the subject
INVESTIGATION. of which will be the telecommuni- It should be clear to even the most
(a) IN GENERAL.—Not later than 30 days cations industry. In each of the prior disinterested observer that we are fac-
after the date of enactment of this Act, the hearings, it has become increasingly ing a serious economic challenge in
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9451
form of the Year 2000 computer prob- ADDITIONAL COSPONSORS Senator from New Jersey (Mr.
lem. There is little doubt that the mil- S. 230 TORRICELLI), the Senator from Dela-
lennium conversion will have a signifi- At the request of Mr. FAIRCLOTH, his ware (Mr. ROTH), and the Senator from
cant impact on the economy; the out- name was added as a cosponsor of S. North Carolina (Mr. HELMS) were added
standing question is how large that im- 230, a bill to amend section 1951 of title as cosponsors of S. 1960, a bill to allow
pact will be. 18, United States Code (commonly the National Park Service to acquire
One of the most relevant factors in known as the Hobbs Act), and for other certain land for addition to the Wilder-
assessing the potential impact of this purposes. ness Battlefield, as previously author-
problem is the expected readiness of ized by law, by purchase or exchange as
S. 657
small and medium sized businesses to well as by donation.
deal with this issue. Many of the na- At the request of Mr. DASCHLE, the
S. 2061
tion’s largest corporations are spend- name of the Senator from Arizona (Mr.
MCCAIN) was added as a cosponsor of S. At the request of Mr. GRAHAM, the
ing hundreds of millions of dollars to name of the Senator from Nevada (Mr.
prepare for Year 2000 conversion: 657, a bill to amend title 10, United
States Code, to permit retired mem- BRYAN) was added as a cosponsor of S.
Citibank is spending $600 million, 2061, a bill to amend title XIX of the
Aetna is spending more than $125 mil- bers of the Armed Forces who have a
service-connected disability to receive Social Security Act to prohibit trans-
lion, and the list goes on and on. How- fers or discharges of residents of nurs-
ever, it is not so clear that small and military retired pay concurrently with
veterans’ disability compensation. ing facilities.
medium sized businesses are approach-
S. 1360 S. 2071
ing the problem with similar vigor.
As a result, it is my opinion that it At the request of Mr. ABRAHAM, the At the request of Mr. LEAHY, his
will become increasingly necessary for name of the Senator from California name was added as a cosponsor of S.
those companies that have successfully (Mrs. BOXER) was added as a cosponsor 2071, a bill to extend a quarterly finan-
completed remediation and are now of S. 1360, a bill to amend the Illegal cial report program administered by
testing to able to share those results Immigration Reform and Immigrant the Secretary of Commerce.
with other companies that might not Responsibility Act of 1996 to clarify S. 2086
be as far along. It will be an increasing and improve the requirements for the At the request of Mr. WARNER, the
national economic priority to use all development of an automated entry- names of the Senator from Florida (Mr.
the tools available to help businesses exit control system, to enhance land GRAHAM), the Senator from Mississippi
and government entities meet the mil- border control and enforcement, and (Mr. LOTT), the Senator from Mis-
lennium deadline, and encouraging the for other purposes. sissippi (Mr. COCHRAN), the Senator
sharing of information that can cut S. 1459 from New Jersey (Mr. TORRICELLI), the
precious weeks off the time it takes to At the request of Mr. GRASSLEY, the Senator from Delaware (Mr. ROTH), the
get ready will be essential. name of the Senator from Louisiana Senator from North Carolina (Mr.
I agree with the statements of Presi- (Mr. BREAUX) was added as a cosponsor HELMS), and the Senator from Georgia
dent Clinton that companies that make of S. 1459, a bill to amend the Internal (Mr. CLELAND) were added as cospon-
such voluntary disclosures should not Revenue Code of 1986 to provide a 5- sors of S. 2086, a bill to revise the
be punished for those disclosures with year extension of the credit for produc- boundaries of the George Washington
frivolous or abusive lawsuits. It is to ing electricity from wind and closed- Birthplace National Monument.
address that concern that the Presi- loop biomass. S. 2161
dent has requested that Senator BEN- S. 1759
At the request of Mr. THOMPSON, the
NETT and I introduce his legislation. At the request of Mr. HATCH, the
I also agree with the President’s name of the Senator from Texas (Mrs.
names of the Senator from Ohio (Mr. HUTCHISON) was added as a cosponsor of
analysis that in order for this informa- DEWINE), the Senator from Arkansas
tion-sharing to be effective, it must S. 2161, a bill to provide Government-
(Mr. BUMPERS), and the Senator from wide accounting of regulatory costs
start to take place as soon as possible. Nevada (Mr. REID) were added as co-
Sharing information about non-compli- and benefits, and for other purposes.
sponsors of S. 1759, a bill to grant a
ant systems six, eight, or twelve S. 2213
Federal charter to the American GI
months from now will be of limited Forum of the United States. At the request of Mr. FRIST, the
value to all concerned. S. 1877
name of the Senator from Utah (Mr.
Some questions have emerged in the BENNETT) was added as a cosponsor of
At the request of Mr. WYDEN, the
press as to the scope of this legislation. S. 2213, a bill to allow all States to par-
name of the Senator from Virginia (Mr.
The fact is that there are very few ticipate in activities under the Edu-
WARNER) was added as a cosponsor of S.
weeks left in this session, and therefore cation Flexibility Partnership Dem-
1877, a bill to remove barriers to the
the broader the bill, the more difficult onstration Act.
provision of affordable housing for all
it will be to pass. Therefore, if we are S. 2217
Americans.
intent on providing protection for vol- At the request of Mr. FAIRCLOTH, his
S. 1905
untary disclosures on Year 2000, it will name was added as a cosponsor of S.
be very hard to add to that provisions At the request of Mr. JOHNSON, his
name was added as a cosponsor of S. 2217, a bill to provide for continuation
dealing with other aspects of Year 2000 of the Federal research investment in a
liability. While I believe that concerns 1905, a bill to provide for equitable
compensation for the Cheyenne River fiscally sustainable way, and for other
on underlying liability are real and purposes.
meaningful, there is little question Sioux Tribe, and for other purposes.
S. 1959 S. 2233
that dealing with any liability issues is
always a controversial and lengthy At the request of Mr. COVERDELL, the At the request of Mr. HATCH, the
process. So as we move forward with name of the Senator from Arizona (Mr. names of the Senator from Alaska (Mr.
the concept of a safe harbor for vol- MCCAIN) was added as a cosponsor of S. MURKOWSKI), and the Senator from New
untary disclosure, I hope that we can 1959, a bill to prohibit the expenditure York (Mr. D’AMATO) were added as co-
do so without encumbering that legis- of Federal funds to provide or support sponsors of S. 2233, a bill to amend sec-
lation with these larger and conten- programs to provide individuals with tion 29 of the Internal Revenue Code of
tious issues regarding liability. hypodermic needles or syringes for the 1986 to extend the placed in service
President Clinton has given us an ex- use of illegal drugs. date for biomass and coal facilities.
cellent starting point for discussing S. 1960 S. 2295
these important issues. I look forward At the request of Mr. WARNER, the At the request of Mr. MCCAIN, the
to working with all my colleagues in names of the Senator from Mississippi names of the Senator from Missouri
the weeks remaining to craft final leg- (Mr. LOTT), the Senator from Mis- (Mr. BOND), and the Senator from Mas-
islation that addresses these issues in a sissippi (Mr. COCHRAN), the Senator sachusetts (Mr. KERRY) were added as
meaningful and constructive manner.∑ from Washington (Mrs. MURRAY), the cosponsors of S. 2295, a bill to amend
S9452 CONGRESSIONAL RECORD — SENATE July 30, 1998
the Older Americans Act of 1965 to ex- Senator from Delaware (Mr. ROTH), and SENATE CONCURRENT RESOLU-
tend the authorizations of appropria- the Senator from Delaware (Mr. BIDEN) TION 114—PROVIDING FOR A CON-
tions for that Act, and for other pur- were added as cosponsors of Senate DITIONAL ADJOURNMENT OF
poses. Concurrent Resolution 83, a concurrent BOTH HOUSES
S. 2308 resolution remembering the life of Mr. LOTT submitted the following
At the request of Mr. GRAHAM, the George Washington and his contribu- concurrent resolution; which was con-
name of the Senator from Nevada (Mr. tions to the Nation. sidered and agreed to:
BRYAN) was added as a cosponsor of S. SENATE CONCURRENT RESOLUTION 108 S. CON. RES. 114
2308, a bill to amend title XIX of the At the request of Mr. DORGAN, the Resolved by the Senate (the House of Rep-
Social Security Act to prohibit trans- names of the Senator from South Da- resentatives concurring), That, in consonance
fers or discharges of residents of nurs- kota (Mr. JOHNSON), the Senator from with section 132(a) of the Legislative Reorga-
ing facilities as a result of a voluntary Illinois (Mr. DURBIN), the Senator from nization Act of 1946, when the Senate re-
South Dakota (Mr. DASCHLE), the Sen- cesses or adjourns at the close of business on
withdrawal from participation in the Friday, July 31, 1998, Saturday, August 1,
medicaid program. ator from South Carolina (Mr. HOL-
LINGS), and the Senator from California
1998, or Sunday, August 2, 1998, pursuant to a
S. 2318 motion made by the Majority Leader or his
(Mrs. BOXER) were added as cosponsors designee in accordance with this concurrent
At the request of Mr. CAMPBELL, the of Senate Concurrent Resolution 108, a
name of the Senator from Utah (Mr. resolution, it stand recessed or adjourned
concurrent resolution recognizing the until noon on Monday, August 31 or Tuesday,
HATCH) was added as a cosponsor of S. 50th anniversary of the National Heart, September 1, 1998, or until such time on that
2318, a bill to amend the Internal Reve- Lung, and Blood Institute, and for day as may be specified by the Majority
nue Code of 1986 to phaseout the estate other purposes. Leader or his designee in the motion to re-
and gift taxes over a 10-year period. SENATE RESOLUTION 199 cess or adjourn, or until noon on the second
S. 2344 day after Members are notified to reassemble
At the request of Mr. TORRICELLI, the pursuant to section 2 of this concurrent reso-
At the request of Mr. COVERDELL, the name of the Senator from Hawaii (Mr. lution, whichever occurs first; and that when
names of the Senator from North Caro- INOUYE) was added as a cosponsor of the House adjourns on the legislative day of
lina (Mr. HELMS), and the Senator from Senate Resolution 199, a resolution des- Friday, August 7, 1998, it stand adjourned
Oregon (Mr. SMITH) were added as co- ignating the last week of April of each until noon on Wednesday, September 9, 1998,

f
sponsors of S. 2344, a bill to amend the calendar year as ‘‘National Youth Fit- or until noon on the second day after Mem-
Agricultural Market Transition Act to ness Week.’’ bers are notified to reassemble pursuant to
provide for the advance payment, in AMENDMENT NO. 3124
section 2 of this concurrent resolution,
full, of the fiscal year 1999 payments whichever occurs first.
At the request of Mr. HUTCHINSON the SEC. 2. The Majority Leader of the Senate
otherwise required under production names of the Senator from Minnesota and the Speaker of the House, acting jointly
flexibility contracts. (Mr. WELLSTONE), the Senator from after consultation with the Minority Leader
At the request of Mr. BROWNBACK, his Florida (Mr. MACK), the Senator from of the Senate and the Minority Leader of the
name was added as a cosponsor of S. Oklahoma (Mr. INHOFE), the Senator House, shall notify the Members of the Sen-
2344, supra. from Michigan (Mr. ABRAHAM), and the ate and House, respectively, to reassemble
At the request of Mr. LOTT, the name Senator from Missouri (Mr. ASHCROFT) whenever, in their opinion, the public inter-
of the Senator from Missouri (Mr. est shall warrant it.
were added as cosponsors of Amend-
BOND) was added as a cosponsor of S. ment No. 3124 proposed to S. 2132, an
2344, supra. original bill making appropriations for SENATE CONCURRENT RESOLU-
S. 2352 the Department of Defense for fiscal TION 115—TO AUTHORIZE THE
At the request of Mr. LEAHY, the year ending September 30, 1999, and for PRINTING OF COPIES OF THE
name of the Senator from Alaska (Mr. other purposes. PUBLICATION ENTITLED ‘‘THE
MURKOWSKI) was added as a cosponsor AMENDMENT NO. 3338 UNITED STATES CAPITOL’’ AS A
of S. 2352, a bill to protect the privacy At the request of Mr. JOHNSON his SENATE DOCUMENT
rights of patients. name was added as a cosponsor of Mr. WARNER submitted the follow-
S. 2354 Amendment No. 3338 proposed to H.R. ing resolution; which was considered
At the request of Mr. BOND, the name 1151, a bill to amend the Federal Credit and agreed to:
of the Senator from Tennessee (Mr. Union Act to clarify existing law and S. CON. RES. 115
FRIST) was added as a cosponsor of S. ratify the longstanding policy of the
Resolved by the Senate (the House of Rep-
2354, a bill to amend title XVIII of the National Credit Union Administration resentatives concurring), That (a) a revised
Social Security Act to impose a mora- Board with regard to field of member- edition of the publication entitled ‘‘The
torium on the implementation of the ship of Federal credit unions. United States Capitol’’ (referred to as ‘‘the
AMENDMENT NO. 3388 pamphlet’’) shall be reprinted as a Senate
per beneficiary limits under the in-
At the request of Mr. JOHNSON his document.
terim payment system for home health (b) There shall be printed 2,000,000 copies of
agencies, and to modify the standards name was added as a cosponsor of
the pamphlet in the English language at a
for calculating the per visit cost limits Amendment No. 3388 proposed to S.
cost not to exceed $100,000 for distribution as
and the rates for prospective payment 2312, an original bill making appropria- follows:
systems under the medicare home tions for the Treasury Department, the (1)(A) 206,000 copies of the publication for
health benefit to achieve fair reim- United States Postal Service, the Exec- the use of the Senate with 2,000 copies dis-
utive Office of the President, and cer- tributed to each Member;
bursement payment rates, and for
tain Independent Agencies, for the fis- (B) 886,000 copies of the publication for the
other purposes. use of the House of Representatives, with
cal year ending September 30, 1999, and
S. 2359 2,000 copies distributed to each Member; and
for other purposes.
At the request of Mr. INHOFE, the AMENDMENT NO. 3389
(C) 908,000 of the publication for distribu-
name of the Senator from New York tion to the Capitol Guide Service; or
At the request of Mr. KERREY the (2) if the total printing and production
(Mr. MOYNIHAN) was added as a cospon- names of the Senator from New York
sor of S. 2359, a bill to amend the Na- costs of copies in paragraph (1) exceed
(Mr. MOYNIHAN) and the Senator from $100,000, such number of copies of the publi-
tional Environmental Education Act to Louisiana (Mr. BREAUX) were added as cation as does not exceed total printing and
extend the programs under the Act, cosponsors of amendment No. 3389 pro- production costs of $100,000, with distribu-
and for other purposes. posed to S. 2312, an original bill mak- tion to be allocated in the same proportion
SENATE CONCURRENT RESOLUTION 83 ing appropriations for the Treasury De- as in paragraph (1).
At the request of Mr. WARNER, the partment, the United States Postal (c) In addition to the copies printed pursu-
ant to subsection (b), there shall be printed
names of the Senator from Montana Service, the Executive Office of the at a total printing and production cost of not
(Mr. BAUCUS), the Senator from Cali- President, and certain Independent to exceed $70,000—
fornia (Mrs. FEINSTEIN), the Senator Agencies, for the fiscal year ending (1) 50,000 copies of the pamphlet in each of
from Wyoming (Mr. ENZI), the Senator September 30, 1999, and for other pur- the following 5 languages: German, French,
from Maryland (Mr. SARBANES), the poses. Russian, Chinese, and Japanese; and
July 30, 1998

ish;

IGNATING
f
RESOLUTION

DREN’S DAY’’
‘‘NATIONAL
260—DES-
CHIL-

Mr. GRAHAM (for himself, Mrs. MUR-


RAY, Mr. DORGAN, Mr. SARBANES, Mr.
CONGRESSIONAL RECORD — SENATE
(2) 100,000 copies of the pamphlet in Span-

to be distributed to the Capitol Guide Serv-


ice.

SENATE
at some point each month. There has
been a 60 percent increase in the num-
ber of children needing foster care in
the last 10 years. Many children today
face crises of grave proportions, espe-
cially as they enter their adolescent
years.
The establishment of a National Chil-
dren’s Day would help us focus on our
children’s needs and recognize their ac-
S9453
Whereas, cooperation between the United
States and Japan in science and technology
holds the promise of better assuring human
health and nutrition, enhancing the quality
of the environment, lessening the impact of
natural and man-made disasters, providing
for more productive agriculture, stimulating
discoveries in the basic processes of life and
matter, expanding supplies of energy, fur-
thering advances in space exploration, im-
proving manufacturing processes,
strengthening communications through elec-
and

LEVIN, Mr. MOYNIHAN, Mr. BYRD, Mr. complishments. It would encourage


tronic language translation;
families to spend more quality time to-

f
DODD, Mr. AKAKA, Mr. LAUTENBERG, Whereas, productive collaboration with
Mr. DURBIN, Mrs. BOXER, Ms. LANDRIEU, gether and highlight the special impor- Japan has increased due to negotiated frame-
Mr. KOHL, Ms. MIKULSKI, Ms. MOSELEY- tance of the child in the family unit. works such as the bilateral Agreement for
BRAUN, Mr. DEWINE, Mr. FAIRCLOTH, It is important that we show our sup- Cooperation in Science and Technology and
Mr. SPECTER, Mr. BOND, and Mr. COCH- port for the youth of America. This efforts by the Government of Japan to invite
simple resolution will foster family to- larger numbers of U.S. scientists to partici-
RAN) submitted the following resolu- pate in university, government and indus-
tion; which was referred to the Com- getherness and ensure that our chil-
trial research in Japan;
mittee on the Judiciary: dren receive the attention they de- Whereas, the flow of science and tech-
serve. nology from the United States to Japan is
S. RES. 260
I urge my colleagues to join me in es- nonetheless still larger than the reverse due
Whereas the people of the United States
tablishing National Children’s Day.∑ partly to barriers Japan has erected to the
should celebrate children as the most valu-
outward flow of scientific and technological
able asset of the Nation;
information and data, as well as barriers to
Whereas children represent the future,
SENATE RESOLUTION 261—TO PRI- the inward flow of foreign investment and
hope, and inspiration of the United States;
VATIZE THE SENATE BARBER foreign participation in industrial organiza-
Whereas the children of the United States
AND BEAUTY SHOPS AND THE tions such as consortia and associations;
should be allowed to feel that their ideas and
Whereas, the application of rigorous sci-
dreams will be respected because adults in SENATE RESTAURANTS entific methods to the development of stand-
the United States take time to listen;
Mr. BROWNBACK submitted the fol- ards and regulations can help mitigate cer-
Whereas many children of the United
lowing resolution; which was referred tain market access and trade problems;
States face crises of grave proportions, espe- Whereas, Japan’s treatment of scientific

f
cially as they enter adolescent years; to the Committee on Rules and Admin-
and technological advances continues to
Whereas it is important for parents to istration: handicap U.S. innovators in Japan due to in-
spend time listening to their children on a S. RES. 261 adequate intellectual property protection;
daily basis; Resolved, That it is the sense of the Senate
Resolved, That (a) the Sergeant at Arms
Whereas modern societal and economic de- that:
and Doorkeeper of the Senate shall convert
mands often pull the family apart; (1) The Government of the United States
the Senate barber shop and Senate beauty
Whereas encouragement should be given to should place priority on formulating a com-
shop to operation by a private sector source
families to set aside a special time for all prehensive and strategic policy of engaging
under contract.
family members to engage together in fam- and cooperating with Japan in advancing
(b) The Architect of the Capitol shall con-
ily activities; science and technology for the benefit of
vert the Senate restaurants to operation by
Whereas adults in the United States should both nations as well as the rest of the world;
a private sector source under contract.
have an opportunity to reminisce on their (2) Among other goals, that policy should
youth and to recapture some of the fresh in- aim to promote strategic cooperation on
sight, innocence, and dreams that they may areas that further U.S. policy interests in
have lost through the years; SENATE RESOLUTION 262—TO science and technology; more balanced flows
Whereas the designation of a day to com- STATE THE SENSE OF THE SEN- of scientific and technological information
memorate the children of the United States ATE THAT THE GOVERNMENT OF and personnel between the United States and
will provide an opportunity to emphasize to THE UNITED STATES SHOULD Japan; more rigorous application of sci-
children the importance of developing an PLACE A PRIORITY ON FORMU- entific methods in the development of stand-
ability to make the choices necessary to dis- LATING A COMPREHENSIVE AND ards and regulations to promote efficient
tance themselves from impropriety and to technological progress and mitigate trade
STRATEGIC POLICY WITH JAPAN
contribute to their communities; problems; and more equitable intellectual
Whereas the designation of a day to com- IN ADVANCING SCIENCE
property protection; and
memorate the children of the Nation will Mr. ROTH (for himself and Mr. (3) The Government of the United States
emphasize to the people of the United States BINGAMAN) submitted the following res- should integrate this strategic policy into
the importance of the role of the child with- olution; which was referred to the current and future science and technology
in the family and society; agreements with the Government of Japan.
Committee on Foreign Relations:
Whereas the people of the United States ∑ Mr. ROTH. Mr. President, I rise
should emphasize to children the importance S. RES. 262
today on behalf of myself and Mr.
of family life, education, and spiritual quali- Whereas, advances in science and tech-
ties; and nology will continue to underlie the prosper- BINGAMAN to submit a resolution to
Whereas children are the responsibility of ity and security of the United States and the state the sense of the Senate that the
all Americans and everyone should celebrate international community into the next cen- Governments of the United States and
the children of the United States, whose tury; Japan should place priority on formu-
questions, laughter, and tears are important Whereas, the United States and Japan are lating a comprehensive and strategic
to the existence of the United States: Now, global leaders in science and technology; policy of advancing science and tech-
therefore, be it Whereas, the rapid pace of innovation cre- nology for the benefit of both nations
Resolved, That— ates growing linkages between science and
as well as the rest of the world.
(1) it is the sense of the Senate that Octo- technology and bilateral relations in secu-
As this body is well aware, Japan is
ber 11, 1998, should be designated as ‘‘Na- rity and trade;
tional Children’s Day’’; and Whereas, the Government of Japan, facing a number of economic and finan-
(2) the President is requested to issue a through its 1996 Basic Plan for Science and cial challenges that are of vital impor-
proclamation calling upon the people of the Technology, made science and technology a tance to the bilateral relationship. I
United States to observe ‘‘National Chil- higher priority area of investment for the have spoken about these challenges at
dren’s Day’’ with appropriate ceremonies and Government of Japan; length in other fora including through
activities. Whereas, the Supplemental Budget of the a hearing recently held by the Finance
∑ Mr. GRAHAM. Mr. President, today I Government of Japan for 1998 will result in Committee. While our priority in bilat-
more than a 21 percent increase in the Gov-
submit a resolution that designated eral relations should remain Japan’s
ernment of Japan’s support for science and
October 11, 1998 as National Children’s technology this year; rapid economic recovery, we must not
Day. Whereas, advances in Japanese science and lose sight of other aspects of the rela-
Our children are our future. Over 5 technology are increasingly at the global tionship that are important to our
million children, however, go hungry frontier; shared future.
S9454 CONGRESSIONAL RECORD — SENATE July 30, 1998
For example, Japan is a major source exist between the United States and that creates serious obstacles for re-
of leading-edge science and technology. Japan. I have offered ongoing support search projects that include national
Two years ago, the Government of for a cooperative, forward-looking bi- universities and government research
Japan released its Basic Plan for lateral relationship that is defined by laboratories—must be made less evi-
Science and Technology. That plan transparency, access, equity and reci- dent. Effective mechanisms that allow
called for substantial funding increases procity. Given the current environ- the U.S. and other countries to partici-
and important policy reforms to fur- ment in East Asia and the potential for pate in Japanese research projects need
ther innovation in the country’s political economic instability, I believe to be identified and obstacles that pre-
science and technology programs and the U.S.-Japan relationship to be one clude this interaction eliminated. A
processes. of our country’s most important in more complete development of com-
This year, the Government of Japan that region, and worthy of constant mon regulations and standards should
will increase its investment in science and precise attention. be pursued, and dual use and export
and technology by more than 21 per- In the future, much as in the past, control policies clarified. Questions re-
cent. With these new resources, Japan will be both partner and com- lating to intellectual property rights
Japan—already at the forefront in petitor, and we must ensure that we have existed far too long and should be
many areas of science and technology— maintain our support for this relation- rectified. Finally, the obvious relation-
will be poised to make further impor- ship while we recognize both its possi- ship that exists between science, tech-
tant advances. bilities and its limitations. nology and trade relations should be
For decades, the U.S. has shared the The resolution submitted by Senator recognized, and understandings reached
fruit of its own basic research with ROTH and I identifies the level of between the two governments on im-
Japan and the rest of the world in an science and technology interaction portant, cross-cutting issues.
effort to enhance global prosperity and that has developed between the United While these aforementioned problems
the lives of average people around the States and Japan over the last decade, should not prevent the U.S.-Japan
world. With its increased resources de- and gives a number of suggestions as to Science and Technology Agreement
voted to science and technology, Japan where we should go in the future. Spe- from being renewed, our concerns
has a more important opportunity to cific reference is made to the U.S.- should be made apparent during nego-
join the United States in taking a simi- Japan Science and Technology Agree- tiations.
lar approach toward sharing advances ment, which is now being re-negotiated I would argue that any new agree-
in science and technology. The poten- by our two governments. Let me de- ment must satisfy three criteria:
tial for greater benefits for both coun- scribe in concise terms what I see as First, it must recognize that serious
tries and for the rest of the world are important in this regard. structural and procedural assymetries
enormous. Significantly, the United States and still exist between the two countries
For example, opportunities are Japan are, at present, cooperating in a and that they must be resolved;
emerging to improve human health by range of projects as diverse as Global Second, it must provide freedom for
jointly addressing the problems posed Change, Earthquake Disaster Mitiga- scientists and engineers to interact and
by infectious diseases; sustaining the tion, Emerging Infectious Diseases, complete their research as free as pos-
quality of the environment through re- Global Information Infrastructure, sible from government interference;
search on global climate change; reduc- Space Cooperation, Thermonuclear Ex- Finally, it must recognize that the
ing the risks posed by earthquakes and perimentation, Deep Sea Drilling, and results that derive from U.S.-Japan
hurricanes; furthering the fundamental Sustainable Development. Individ- science and technology cooperation has
understanding of matter so important ually, these projects include the par- the potential to alleviate many of the
for advances in new materials, tele- ticipation of nearly every department problems we face in the world today
communications, and new medical and agency in the U.S. government, and, as such, should be easily diffused
treatments; and better ensuring mu- and all have been initiated and have into the international community.
tual security. prospered as a result of the U.S.-Japan Much of our current science and
Partly because Japan was engaged in Science and Technology Agreement. technology cooperation with Japan
catching up with other leaders in All of these projects will grow even rests on a single but extremely impor-
science and technology for much of the more substantially with the renewal of tant premise: the U.S. economic and
postwar period, Tokyo tended to em- the agreement. Clearly this is some- national security interest depends
phasize the accumulation—rather than thing to be encouraged. upon its ability to complete fundamen-
the sharing—of information. Now that Significantly, all of these projects tal research in critical areas, and then
Japan is a global leader in science and mentioned above will benefit not only encourage innovation that will result
technology, however, I believe Tokyo the United States and Japan, but also in competitive advantage. Where this
should move toward greater emphasis the developed and developing countries research might once have been done in
on cooperation. Similarly, I believe it in the world—many of which are eager isolation and without data input from
important that Japan pay more atten- for the knowledge and technology that other countries, it now requires the ca-
tion to basic research that advances derive from our two countries’ coopera- pacity to access information and tech-
general knowledge as opposed to To- tive activities. This interaction has al- nologies being developed elsewhere.
kyo’s traditional emphasis on applied ready provided innumerable advan- While the United States has been inat-
research. tages to the international community, tentive to the importance of increased
The potential for a greater bilateral and can only provide even more in the expenditures on science and tech-
partnership in science and technology future. With certain conditions, it de- nology, Japan has not. While we still
is growing, and both the U.S. and Japa- serves our wholehearted support. lead in many technologies, we will not
nese governments should work toward The current resolution outlines do so in perpetuity.
turning that potential into reality. some, but not all of these conditions. Science and engineering are the
That is the purpose of this resolution As specific examples, we need to ensure archetypical endeavors of the current
and I urge my colleagues to support its that the cooperative interaction be- international society: individuals and
early passage.∑ tween the United States and Japan re- ideas come together in an effort to im-
Mr. BINGAMAN. Mr. President, I rise sults in balanced and easily accessible prove the collective welfare of the
today in enthusiastic support of the flows of information between the global community at large. We must
statement made by Senator ROTH con- United States and Japan, and that all recognize this dynamic, and encourage
cerning the U.S.-Japan relationship data from this interaction be easily it every way we can.
and, furthermore, to ask our colleagues available to other scientists and engi- Let me emphasize that the results of
to support this resolution. neers in the international community. research in laboratories across the
As you are aware, I have been inte- International access to private sector world are not abstractions. As Ameri-
grally involved over the years with laboratories in Japan needs to be im- ca’s productivity, competitiveness, and
many of my colleagues in ascertaining proved. Divisions that exist between economic performance—indeed, its
the obstacles and opportunities that ministries in Japan—fragmentation very economic security—depends upon
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9455
cooperative research and development AMENDMENTS SUBMITTED Fund,’’ $1,858,600,000: Provided, That the Sec-
with Japan and other countries, these retary of Defense may transfer these funds
only to military personnel accounts, oper-
results provide tangible advantages for ation and maintenance accounts, procure-
DEPARTMENT OF DEFENSE
families in New Mexico and every other ment accounts, the defense health program
APPROPRIATIONS ACT, 1999
state in the union. The car you drive, appropriations and working capital funds:
the home you live in, the appliances Provided further, That the funds transferred
you use, the food you eat, the air you shall be merged with and shall be available
GRASSLEY AMENDMENT NO. 3390 for the same purposes and for the same time
breathe—all of these derive from re- (Ordered to lie on the table.) period, as the appropriation to which trans-
search and development programs that Mr. GRASSLEY submitted an ferred: Provided further, That the transfer au-
were undertaken yesterday. These pro- amendment intended to be proposed by thority provided in this paragraph is in addi-
grams should be a national priority. him to the bill (S. 2132) making appro- tion to any other transfer authority avail-
able to the Department of Defense: Provided
To this end, it is essential that we priations for the Department of De- further, That such amount is designated by
further solidify the cooperative link- fense for fiscal year ending September Congress as an emergency requirement pur-
ages that exist between our two coun- 30, 1999, and for other purposes; as fol- suant to section 251(b)(2)(D)(i) of the Bal-
tries, to find ways to leverage increas- lows: anced Budget and Emergency Deficit Control
On page 99, between lines 17 and 18, insert Act of 1985, as amended.
ingly scarce funds, to combine diverse
the following:
and complementary streams of ideas SEC. 8104. Effective on June 30, 1999, section ROBERTS AMENDMENT NO. 3393
and technologies, and to provide mu- 8106(a) of the Department of Defense Appro-
tual advantages to our respective soci- priations Act, 1997 (titles I through VIII of
Mr. ROBERTS proposed an amend-
the matter under section 101(b) of Public ment to the bill, S. 2132, supra; as fol-
eties and the international community
Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 lows:
as a whole.
note), is amended— On page 99, between lines 17 and 18, insert
Although some would deny the obvi- (1) by striking out ‘‘not later than June 30, the following:
ous synergies that exist between the 1997,’’, and inserting in lieu thereof ‘‘not SEC. 8104. (a) None of the funds appro-
later than June 30, 1999,’’; and priated or otherwise made available under
United States and Japan at this time, this Act may be obligated or expended for
(2) by striking out ‘‘$1,000,000’’ and insert-
it is not in our national interest to do ing in lieu thereof ‘‘$500,000’’. any deployment of forces of the Armed
so. The question is no longer whether Forces of the United States to Yugoslavia,
these synergies will exist, but under Albania, or Macedonia unless and until the
STEVENS (AND INOUYE) President, after consultation with the
what conditions they will exist. Inter- AMENDMENT NO. 3391 Speaker of the House of Representatives, the
action between our two countries ex- Majority Leader of the Senate, the Minority
Mr. STEVENS (for himself and Mr.
ists on a scale far beyond what many Leader of the House of Representatives, and
INOUYE) proposed an amendment to the
once considered possible, and it will bill, S. 2132, supra; as follows: the Minority Leader of the Senate, transmits
only grow as scientific and techno- to Congress a report on the deployment that
On page 99, in between lines 17 and 18, in- includes the following:
logical interaction between the two sert the following: (1) The President’s certification that the
countries increases. We should take SEC. 8104(a) On page 34, line 24, strike out presence of those forces in each country to
real pride in this development, just as all after ‘‘$94,500,000’’ down to and including which the forces are to be deployed is nec-
we must, at the same time, carefully ‘‘1999’’ on page 35, line 7. essary in the national security interests of
consider the path we will follow in the (b) On page 42, line 1, strike out the the United States.
amount ‘‘$2,000,000,000’’, and insert the (2) The reasons why the deployment is in
future. amount ‘‘$1,775,000,000’’. the national security interests of the United
While the current resolution is non- (c) In addition to funds provided under
States.

f
binding, it does reflect our desire to en- title I of this Act, the following amounts are
(3) The number of United States military
hereby appropriated: for ‘‘Military Person-
gage Japan in an ongoing, cooperative, personnel to be deployed to each country.
nel, Army’’, $58,000,000; for ‘‘Military Person-
and reciprocal relationship. Senator (4) The mission and objectives of forces to
nel, Navy’’, $43,000,000; for ‘‘Military Person-
ROTH and I consider the U.S.-Japan be deployed.
nel, Marine Corps’’, $14,000,000; for ‘‘Military
(5) The expected schedule for accomplish-
Science and Technology Agreement to Personnel, Air Force’’, $44,000,000; for ‘‘Re-
ing the objectives of the deployment.
be an interactive arrangements of the serve Personnel, Army’’, $5,377,000; for ‘‘Re-
(6) The exit strategy for United States
highest importance, and we hope other serve Personnel, Navy’’, $3,684,000; for ‘‘Re-
forces engaged in the deployment.
serve Personnel, Marine Corps’’, $1,103,000;
colleagues will join us in our support for ‘‘Reserve Personnel, Air Force’’,
(7) The costs associated with the deploy-
for its renewal. ment and the funding sources for paying
$1,000,000; for ‘‘National Guard Personnel,
those costs.
Army’’, $9,392,000; and ‘‘National Guard Per-
(8) The anticipated effects of the deploy-
sonnel, Air Force’’, $4,112,000’’.
ment on the morale, retention, and effective-
(d) Notwithstanding any other provision in
ness of United States forces.
this Act, the total amount available in this (b) Subsection (a) does not apply to a de-
SENATE RESOLUTION 263—TO AU- Act for ‘‘Quality of Life Enhancements, De-
THORIZE PAYMENT OF THE EX- ployment of forces—
fense’’, real property maintenance is hereby (1) in accordance with United Nations Se-
PENSES OF REPRESENTATIVES decreased by reducing the total amounts ap- curity Council Resolution 795; or
OF THE SENATE ATTENDING propriated in the following accounts: ‘‘Oper- (2) under circumstances determined by the
THE FUNERAL OF A SENATOR ation and Maintenance, Army’’, by President to be an emergency necessitating
$58,000,000; ‘‘Operation and Maintenance, immediate deployment of the forces.
Mr. WARNER submitted the follow- Navy’’, by $43,000,000; ‘‘Operation and Main-
ing resolution; which was considered tenance, Marine Corps’’, by $14,000,000; and
‘‘Operation and Maintenance, Air Force’’, SANTORUM AMENDMENT NO. 3394
and agreed to:
$44,000,000. Mr. SANTORUM proposed an amend-
S. RES. 263 (e) Notwithstanding any other provision in ment to the bill, S. 2132, supra; as fol-
this Act, the total amount appropriated lows:
Resolved, That, upon approval by the Com- under the heading ‘‘National Guard and Re-
mittee on Rules and Administration, the On page 26, line 8, increase the amount by
serve Equipment’’, is hereby reduced by $8,200,000.
Secretary of the Senate is authorized to pay, $24,668,000. On page 10, line 6, reduce the first amount
from the contingent fund of the Senate, the
by $8,200,000.
actual and necessary expenses incurred by
STEVENS AMENDMENT NO. 3392 ∑ Mr. SANTORUM. Mr. President, this
the representatives of the Senate who attend
the funeral of a Senator, including the fu- Mr. STEVENS proposed an amend- amendment to S. 2132, the Fiscal Year
neral of a retired Senator. Expenses of the ment to the bill, S. 2132, supra; as fol- 1999 Defense Appropriations Act, seeks
Senate representatives attending the funeral lows: to add $8.2 million for the procurement
of a Senator shall be processed on vouchers On page 99, between lines 17 and 18, insert of M888, 60-millimeter, high-explosive
submitted by the Secretary of the Senate the following: munitions for the Marine Corps.
and approved by the Chairman of the Com- SEC. . For an additional amount for The additional funds would help alle-
mittee on Rules and Administration. ‘‘Overseas Contingency Operations Transfer viate training constraints for Marine
S9456 CONGRESSIONAL RECORD — SENATE July 30, 1998
Corps units due to shortages in this ment of the implementation of the TRICARE (B) no funds are to be obligated or ex-
term, and will help reduce the coming program. pended for integrating the Defense Security
‘‘bow-wave’’ of procurement require- (4) An assessment of any other matters Technology Agency into another Defense
that the Comptroller General considers ap- Agency.
ments we may not have the resources (b) The Deputy Under Secretary of Defense
propriate for purposes of this section.
to fund in future years. The Marine (c) In this section: for Technology Security Policy may report
Corps has stated that procurement at (1) The term ‘‘Federal Employees Health directly to the Secretary of Defense on the
this level would be consistent with its Benefits program’’ means the health benefits matters that are within the duties of the
acquisition strategy regarding ammu- program under chapter 89 of title 5, United Deputy Under Secretary.
nition. States Code. (c) Not later than 10 days after the Sec-
I would like to clarify that funds for (2) The term ‘‘TRICARE program’’ has the retary of Defense establishes the position of
meaning given that term in section 1072(7) of Deputy Under Secretary of Defense for Tech-
this procurement have been identified.
title 10, United States Code. nology Security Policy, the Secretary shall
In order to fund this important acquisi- submit to the Committees on Armed Serv-
tion I have identified the Air Force war ices and on Appropriations of the Senate and
FEINGOLD (AND OTHERS)
reserve materials account.∑ the Committees on National Security and on
AMENDMENT NO. 3397
Appropriations of the House of Representa-
KEMPTHORNE AMENDMENT NO. (Ordered to lie on the table.) tives a report on the establishment of the po-
Mr. FEINGOLD (for himself, Mr. sition. The report shall include the follow-
3395
KOHL, and Mr. BRYAN) submitted an ing:
(Ordered to lie on the table.) amendment to be proposed by him to (1) A description of any organizational
Mr. KEMPTHORNE submitted an the bill, S. 2132, supra; as follows: changes that have been made or are to be
amendment intended to be proposed by On page 13, line 9, increase the amount by made within the Department of Defense to
him to the bill, S. 2132, supra; as fol- $219,700,000. satisfy the conditions set forth in subsection
lows: On page 25, line 25, reduce the amount by (a) and otherwise to implement this section.
$219,700,000. (2) A description of the role of the Chair-
On page 11, line 7 after the period insert man of the Joint Chiefs of Staff in the export
the following: ‘‘Provided, That of the funds control activities of the Department of De-
appropriated under this heading, $35,000,000 KYL AMENDMENT NO. 3398 fense after the establishment of the position,
shall be made available only for use for Im- Mr. KYL proposed an amendment to together with a discussion of how that role
pact Aid to local educational agencies.’’ compares to the Chairman’s role in those ac-
the bill, S. 2312, supra; as follows:
On page 99, between lines 17 and 18, insert tivities before the establishment of the posi-
FAIRCLOTH AMENDMENT NO. 3396 the following: tion.
SEC. 8104. (a) None of the funds appro- (d) Unless specifically authorized and ap-
(Ordered to lie on the table.) propriated for such purpose, funds may not
Mr. FAIRCLOTH submitted an priated by this Act may be obligated or ex-
pended for the establishment or operation of be obligated to relocate any office or person-
amendment intended to be proposed by nel of the Defense Technology Security Ad-
the Defense Threat Reduction Agency until
him to the bill, S. 2132, supra; as fol- the Secretary of Defense takes the following ministration to any location that is more
lows: actions: than five miles from the Pentagon Reserva-
On page 99, between lines 17 and 18, insert (1) Establishes within the Office of the tion (as defined in section 2674(f) of title 10,
the following: Under Secretary of Defense for Policy the United States Code).
SEC. 8014. (a) Not later than six months position of Deputy Under Secretary of De-
after the date of enactment of this Act, the fense for Technology Security Policy and BAUCUS AMENDMENT NO. 3399
Comptroller General shall submit to Con- designates that official to serve as the Direc- (Ordered to lie on the table.)
gress a report containing a comprehensive tor of the Defense Security Technology
Mr. BAUCUS submitted an amend-
assessment of the TRICARE program. Agency with only the following duties:
(b) The assessment under subsection (a) (A) To develop for the Department of De- ment to be proposed by him to the bill,
shall include the following: fense policies and positions regarding the ap- S. 2132, supra; as follows:
(1) A comparison of the health care bene- propriate export control policies and proce- On page 18, line 22, insert before the period
fits available under the health care options dures that are necessary to protect the na- at the end the following: ‘‘Provided further,
of the TRICARE program known as tional security interests of the United That of the amounts available under this
TRICARE Standard, TRICARE Prime, and States. heading, $150,000 shall be made available to
TRICARE Extra with the health care bene- (B) To supervise activities of the Depart- the Bear Paw Development Council, Mon-
fits available under the health care plan of ment of Defense relating to export controls. tana, for the management and conversion of
the Federal Employees Health Benefits pro- (C) As the Director of the Defense Security the Havre Air Force Base and Training Site,
gram most similar to each such option that Technology Agency— Montana, for public benefit purposes, includ-
has the most subscribers as of the date of en- (i) to administer the technology security ing public schools, housing for the homeless,
actment of this Act, including— program of the Department of Defense; and economic development’’.
(A) the types of health care services offered (ii) to review, under that program, inter-
by each option and plan under comparison; national transfers of defense-related tech- BINGAMAN (AND DOMENICI)
(B) the ceilings, if any, imposed on the nology, goods, services, and munitions in AMENDMENT NO. 3400
amounts paid for covered services under each order to determine whether such transfers
option and plan under comparison; and are consistent with United States foreign (Ordered to lie on the table.)
(C) the timeliness of payments to physi- policy and national security interests and to Mr. BINGAMAN (for himself and Mr.
cians providing services under each option ensure that such international transfers DOMENICI) submitted an amendment in-
and plan under comparison. comply with Department of Defense tech- tended to be proposed by them to the
(2) An assessment of the effect on the sub- nology security policies; bill, S. 2132, supra; as follows:
scription choices made by potential subscrib- (iii) to ensure (using automation and other
ers to the TRICARE program of the Depart- computerized techniques to the maximum On page 99, in between lines 17 and 18, in-
ment of Defense policy to grant priority in extent practicable) that the Department of sert before the period at the end the follow-
the provision of health care services to sub- Defense role in the processing of export li- ing: ‘‘: Sec. 8104(a) that of the amount avail-
scribers to a particular option. cense applications is carried out as expedi- able under Air National Guard, Operations
(3) An assessment whether or not the im- tiously as is practicable consistent with the and Maintenance for flying hours and related
plementation of the TRICARE program has national security interests of the United personnel support, $4,500,000 shall be avail-
discouraged medicare-eligible individuals States; and able for the Defense Systems Evaluation pro-
from obtaining health care services from (iv) to actively support intelligence and gram for support of test and training oper-
military treatment facilities, including— enforcement activities of the Federal Gov- ations at White Sands Missile range, New
(A) an estimate of the number of such indi- ernment to restrain the flow of defense-re- Mexico, and Fort Bliss, Texas’’.
viduals discouraged from obtaining health lated technology, goods, services, and muni-
care services from such facilities during the tions to potential adversaries. GRAHAM (AND MACK)
two-year period ending with the commence- (2) Submits to Congress a written certifi- AMENDMENT NO. 3401
ment of the implementation of the TRICARE cation that—
program; and (A) the Defense Security Technology Agen-
(Ordered to lie on the table.)
(B) an estimate of the number of such indi- cy is to remain a Defense Agency independ- Mr. GRAHAM (for himself and Mr.
viduals discouraged from obtaining health ent of all other Defense Agencies of the De- MACK) submitted an amendment in-
care services from such facilities during the partment of Defense and the military depart- tended to be proposed by them to the
two-year period following the commence- ments; and bill, S. 2132, supra; as follows:
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9457
On page 99, between lines 17 and 18, insert search and development similar to that au- the International Space Station, broken
the following: thorized under this Act; down by each of those 4 categories, and
TITLE IX—COMMERCIAL SPACE (bb) providing no barriers, to companies specifying how many agreements the Na-
SEC. 901. SHORT TITLE. described in subparagraph (A) with respect tional Aeronautics and Space Administra-
This title may be cited as the ‘‘Commer- to local investment opportunities, that are tion has entered into in response to these
cial Space Act of 1998’’. not provided to foreign companies in the proposals, also broken down by those 4 cat-
SEC. 902. DEFINITIONS. United States; and egories.
In this title: (cc) providing adequate and effective pro- (4) ROLE OF STATE GOVERNMENTS.—Each of
(1) ADMINISTRATOR.—The term ‘‘Adminis- tection for the intellectual property rights of the studies and reports required by para-
trator’’ means the Administrator of the Na- companies described in subparagraph (A). graphs (1), (2), and (3) shall include consider-
tional Aeronautics and Space Administra- SEC. 903. COMMERCIALIZATION OF SPACE STA- ation of the potential role of State govern-
TION. ments as brokers in promoting commercial
tion.
(a) POLICY.—Congress declares that— participation in the International Space Sta-
(2) COMMERCIAL PROVIDER.—The term
(1) a priority goal of constructing the tion program.
‘‘commercial provider’’ means any person
International Space Station is the economic SEC. 904. COMMERCIAL SPACE LAUNCH AMEND-
providing space transportation services or
development of Earth orbital space; MENTS.
other space-related activities, primary con-
(2) free and competitive markets create the (a) AMENDMENTS.—Chapter 701 of title 49,
trol of which is held by persons other than
most efficient conditions for promoting eco- United States Code, is amended—
Federal, State, local, and foreign govern-
nomic development, and should therefore (1) in the table of sections—
ments.
govern the economic development of Earth (A) by amending the item relating to sec-
(3) PAYLOAD.—The term ‘‘payload’’ means tion 70104 to read as follows:
orbital space; and
anything that a person undertakes to trans-
(3) the use of free market principles in op- ‘‘70104. Restrictions on launches, operations,
port to, from, or within outer space, or in erating, servicing, allocating the use of, and
suborbital trajectory, by means of a space and reentries.’’;
adding capabilities to the Space Station, and (B) by amending the item relating to sec-
transportation vehicle, but does not include the resulting fullest possible engagement of
the space transportation vehicle itself except tion 70108 to read as follows:
commercial providers and participation of
for its components which are specifically de- commercial users, will reduce International ‘‘70108. Prohibition, suspension, and end of
signed or adapted for that payload. Space Station operational costs for all part- launches, operation of launch
(4) SPACE-RELATED ACTIVITIES.—The term ners and the Federal Government’s share of sites and reentry sites, and re-
‘‘space-related activities’’ includes research the United States burden to fund operations. entries.’’;
and development, manufacturing, process- (b) REPORTS.— (C) by amending the item relating to sec-
ing, service, and other associated and sup- (1) IN GENERAL.—The Administrator shall tion 70109 to read as follows:
port activities. deliver to the Committee on Commerce, ‘‘70109. Preemption of scheduled launches or
(5) SPACE TRANSPORTATION SERVICES.—The Science, and Transportation of the Senate reentries.’’;
term ‘‘space transportation services’’ means and the Committee on Science of the House
the preparation of a space transportation ve- and
of Representatives, not later than 90 days (D) by adding at the end the following new
hicle and its payloads for transportation to, after the date of enactment of this Act, a items:
from, or within outer space, or in suborbital study that identifies and examines—
trajectory, and the conduct of transporting a (A) the opportunities for commercial pro- ‘‘70120. Regulations.
payload to, from, or within outer space, or in ‘‘70121. Report to Congress.’’.
viders to play a role in International Space
suborbital trajectory. Station activities, including operation, use, (2) in section 70101—
(6) SPACE TRANSPORTATION VEHICLE.—The servicing, and augmentation; (A) by inserting ‘‘microgravity research,’’
term ‘‘space transportation vehicle’’— (B) the potential cost savings to be derived after ‘‘information services,’’ in subsection
(A) means any vehicle constructed for the from commercial providers playing a role in (a)(3);
purpose of operating in, or transporting a each of these activities; (B) by inserting ‘‘, reentry,’’ after ‘‘launch-
payload to, from, or within, outer space, or (C) which of the opportunities described in ing’’ both places it appears in subsection
in suborbital trajectory; and subparagraph (A) the Administrator plans to (a)(4);
(B) includes any component of that vehicle make available to commercial providers dur- (C) by inserting ‘‘, reentry vehicles,’’ after
not specifically designed or adapted for a ing fiscal years 1999 and 2000; ‘‘launch vehicles’’ in subsection (a)(5);
payload. (D) the specific policies and initiatives the (D) by inserting ‘‘and reentry services’’
(7) STATE.—The term ‘‘State’’ means each Administrator is advancing to encourage and after ‘‘launch services’’ in subsection (a)(6);
of the several States of the Union, the Dis- facilitate these commercial opportunities; (E) by inserting ‘‘, reentries,’’ after
trict of Columbia, the Commonwealth of and ‘‘launches’’ both places it appears in sub-
Puerto Rico, the Virgin Islands, Guam, (E) the revenues and cost reimbursements section (a)(7);
American Samoa, the Commonwealth of the to the Federal Government from commercial (F) by inserting ‘‘, reentry sites,’’ after
Northern Mariana Islands, and any other users of the International Space Station. ‘‘launch sites’’ in subsection (a)(8);
commonwealth, territory, or possession of (2) STUDY.— (G) by inserting ‘‘and reentry services’’
the United States. (A) IN GENERAL.—The Administrator shall after ‘‘launch services’’ in subsection (a)(8);
(8) UNITED STATES COMMERCIAL PROVIDER.— deliver to the Committee on Commerce, (H) by inserting ‘‘reentry sites,’’ after
The term ‘‘United States commercial pro- Science, and Transportation of the Senate ‘‘launch sites,’’ in subsection (a)(9);
vider’’ means a commercial provider, orga- and the Committee on Science of the House (I) by inserting ‘‘and reentry site’’ after
nized under the laws of the United States or of Representatives, not later than 180 days ‘‘launch site’’ in subsection (a)(9);
of a State, that is— after the date of enactment of this Act, an (J) by inserting ‘‘, reentry vehicles,’’ after
(A) more than 50 percent owned by United independently-conducted market study that ‘‘launch vehicles’’ in subsection (b)(2);
States nationals; or examines and evaluates potential industry (K) by striking ‘‘launch’’ in subsection
(B) a subsidiary of a foreign company and interest in providing commercial goods and (b)(2)(A);
the Secretary of Transportation finds that— services for the operation, servicing, and (L) by inserting ‘‘and reentry’’ after ‘‘con-
(i) that subsidiary has in the past evi- augmentation of the International Space duct of commercial launch’’ in subsection
denced a substantial commitment to the Station, and in the commercial use of the (b)(3);
United States market through— International Space Station. (M) by striking ‘‘launch’’ after ‘‘and trans-
(I) investments in the United States in (B) ADDITIONAL REQUIREMENTS.—In addi- fer commercial’’ in subsection (b)(3); and
long-term research, development, and manu- tion to meeting the requirements under sub- (N) by inserting ‘‘and development of re-
facturing (including the manufacture of paragraph (A), the study under this para- entry sites,’’ after ‘‘launch-site support fa-
major components and subassemblies); and graph shall also include updates to the cost cilities,’’ in subsection (b)(4);
(II) significant contributions to employ- savings and revenue estimates made in the (3) in section 70102—
ment in the United States; and study described in paragraph (1) based on the (A) in paragraph (3)—
(ii)(I) each country in which that foreign external market assessment. (i) by striking ‘‘and any payload’’ and in-
company is incorporated or organized; and (3) SUBMISSION OF REPORT.—The Adminis- serting in lieu thereof ‘‘or reentry vehicle
(II) if appropriate, in which that foreign trator shall deliver to Congress, no later and any payload from Earth’’;
company principally conducts its business, than the submission of the President’s an- (ii) by striking the period at the end of
affords reciprocal treatment to companies nual budget request for fiscal year 2000 sub- subparagraph (C) and inserting in lieu there-
described in subparagraph (A) comparable to mitted in accordance with section 1105(a) of of a comma; and
that afforded to that foreign company’s sub- title 31, United States Code, a report detail- (iii) by adding after subparagraph (C) the
sidiary in the United States, as evidenced ing how many proposals (whether solicited following:
by— or not) the National Aeronautics and Space ‘‘including activities involved in the prepa-
(aa) providing comparable opportunities Administration received during calendar ration of a launch vehicle or payload for
for companies described in subparagraph (A) year 1998 regarding commercial operation, launch, when those activities take place at a
to participate in Government sponsored re- servicing, utilization, or augmentation of launch site in the United States.’’;
S9458 CONGRESSIONAL RECORD — SENATE July 30, 1998
(B) by inserting ‘‘or reentry vehicle’’ after (D) by inserting ‘‘or a reentry site, or the ‘‘(3) The Secretary shall ensure the estab-
‘‘means of a launch vehicle’’ in paragraph (8); reentry of a reentry vehicle,’’ after ‘‘oper- lishment of uniform guidelines for, and con-
(C) by redesignating paragraphs (10), (11), ation of a launch site’’ in subsection (b)(1); sistent implementation of, this section by
and (12) as paragraphs (14), (15), and (16), re- (E) by striking ‘‘or operation’’ and insert- all Federal agencies.’’;
spectively; ing in lieu thereof ‘‘, operation, or reentry’’ (H) by striking ‘‘or its payload for launch’’
(D) by inserting after paragraph (10) the in subsection (b)(2)(A); in subsection (d) and inserting in lieu thereof
following new paragraphs: (F) by striking ‘‘and’’ at the end of sub- ‘‘or reentry vehicle, or the payload of either,
‘‘(10) ‘reenter’ and ‘reentry’ mean to return section (b)(2)(B); for launch or reentry’’; and
or attempt to return a reentry vehicle and (G) by striking the period at the end of (I) by inserting ‘‘, reentry vehicle,’’ after
its payload, if any, from Earth orbit or from subsection (b)(2)(C) and inserting in lieu ‘‘manufacturer of the launch vehicle’’ in sub-
outer space to Earth. thereof ‘‘; and’’; section (d);
‘‘(11) ‘reentry services’ means— (H) by adding at the end of subsection (12) in section 70112—
‘‘(A) activities involved in the preparation (b)(2) the following new subparagraph: (A) in subsection (a)(1), by inserting
of a reentry vehicle and its payload, if any, ‘‘(D) regulations establishing criteria for ‘‘launch or reentry’’ after ‘‘(1) When a’’;
for reentry; and accepting or rejecting an application for a li- (B) by inserting ‘‘or reentry’’ after ‘‘one
‘‘(B) the conduct of a reentry. cense under this chapter within 60 days after launch’’ in subsection (a)(3);
‘‘(12) ‘reentry site’ means the location on receipt of such application.’’; and (C) by inserting ‘‘or reentry services’’ after
Earth to which a reentry vehicle is intended (I) by inserting ‘‘, including the require- ‘‘launch services’’ in subsection (a)(4);
to return (as defined in a license the Sec- ment to obtain a license,’’ after ‘‘waive a re- (D) in subsection (b)(1), by inserting
retary issues or transfers under this chap- quirement’’ in subsection (b)(3); ‘‘launch or reentry’’ after ‘‘(1) A’’;
ter). (7) in section 70106(a)— (E) by inserting ‘‘or reentry services’’ after
‘‘(13) ‘reentry vehicle’ means a vehicle de- (A) by inserting ‘‘or reentry site’’ after ‘‘launch services’’ each place it appears in
signed to return from Earth orbit or outer ‘‘observer at a launch site’’; subsection (b);
space to Earth, or a reusable launch vehicle (B) by inserting ‘‘or reentry vehicle’’ after (F) by inserting ‘‘applicable’’ after ‘‘car-
designed to return from Earth orbit or outer ‘‘assemble a launch vehicle’’; and ried out under the’’ in paragraphs (1) and (2)
space to Earth, substantially intact.’’; and (C) by inserting ‘‘or reentry vehicle’’ after of subsection (b);
(E) by inserting ‘‘or reentry services’’ after ‘‘with a launch vehicle’’; (G) by striking ‘‘, Space, and Technology’’
‘‘launch services’’ each place it appears in (8) in section 70108— in subsection (d)(1);
paragraph (15), as so redesignated by sub- (A) by amending the section designation (H) by inserting ‘‘OR REENTRIES’’ after
paragraph (C) of this paragraph; and heading to read as follows: ‘‘LAUNCHES’’ in the heading for subsection
(4) in section 70103(b)— ‘‘§ 70108. Prohibition, suspension, and end of (e);
(A) by inserting ‘‘AND REENTRIES’’ after launches, operation of launch sites and re- (I) by inserting ‘‘or reentry site or a re-
‘‘LAUNCHES’’ in the subsection heading; entry sites, and reentries’’; entry’’ after ‘‘launch site’’ in subsection (e);
(B) by inserting ‘‘and reentries’’ after and
and
‘‘commercial space launches’’ in paragraph (J) in subsection (f), by inserting ‘‘launch
(B) in subsection (a)—
(1); and or reentry’’ after ‘‘carried out under a’’;
(i) by inserting ‘‘or reentry site, or reentry
(C) by inserting ‘‘and reentry’’ after ‘‘space (13) in section 70113—by inserting ‘‘or re-
of a reentry vehicle,’’ after ‘‘operation of a
launch’’ in paragraph (2); entry’’ after ‘‘one launch’’ each place it ap-
launch site’’; and
(5) in section 70104— pears in paragraphs (1) and (2) of subsection
(ii) by inserting ‘‘or reentry’’ after ‘‘launch
(A) by amending the section designation (d);
or operation’’;
and heading to read as follows: (14) in section 70115(b)(1)(D)(i)—
(9) in section 70109—
‘‘§ 70104. Restrictions on launches, oper- (A) by inserting ‘‘reentry site,’’ after
(A) by amending the section designation
ations, and reentries’’; ‘‘launch site,’’; and
and heading to read as follows:
(B) by inserting ‘‘or reentry vehicle’’ after
(B) by inserting ‘‘or reentry site, or to re- ‘‘§ 70109. Preemption of scheduled launches ‘‘launch vehicle’’ both places it appears;
enter a reentry vehicle,’’ after ‘‘operate a or reentries’’; (15) in section 70117—
launch site’’ each place it appears in sub- (B) in subsection (a)—
section (a); (A) by inserting ‘‘or reentry site, or to re-
(i) by inserting ‘‘or reentry’’ after ‘‘ensure enter a reentry vehicle’’ after ‘‘operate a
(C) by inserting ‘‘or reentry’’ after ‘‘launch that a launch’’;
or operation’’ in subsection (a)(3) and (4); launch site’’ in subsection (a);
(ii) by inserting ‘‘, reentry site,’’ after (B) by inserting ‘‘or reentry’’ after ‘‘ap-
(D) in subsection (b)—
‘‘United States Government launch site’’; proval of a space launch’’ in subsection (d);
(i) by striking ‘‘launch license’’ and insert-
(iii) by inserting ‘‘or reentry date commit- (C) by amending subsection (f) to read as
ing in lieu thereof ‘‘license’’;
ment’’ after ‘‘launch date commitment’’; follows:
(ii) by inserting ‘‘or reenter’’ after ‘‘may
(iv) by inserting ‘‘or reentry’’ after ‘‘ob- ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT
launch’’; and
tained for a launch’’; AN IMPORT.—A launch vehicle, reentry vehi-
(iii) by inserting ‘‘or reentering’’ after ‘‘re-
(v) by inserting ‘‘, reentry site,’’ after ‘‘ac- cle, or payload that is launched or reentered
lated to launching’’; and
cess to a launch site’’; is not, because of the launch or reentry, an
(E) in subsection (c)—
(vi) by inserting ‘‘, or services related to a export or import, respectively, for purposes
(i) by amending the subsection heading to
reentry,’’ after ‘‘amount for launch serv- of a law controlling exports or imports, ex-
read as follows: ‘‘PREVENTING LAUNCHES AND
ices’’; and cept that payloads launched pursuant to for-
REENTRIES.—’’;
(vii) by inserting ‘‘or reentry’’ after ‘‘the eign trade zone procedures as provided for
(ii) by inserting ‘‘or reentry’’ after ‘‘pre-
scheduled launch’’; and under the Foreign Trade Zones Act (19 U.S.C.
vent the launch’’; and 81a–81u) shall be considered exports with re-
(iii) by inserting ‘‘or reentry’’ after ‘‘de- (C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’; gard to customs entry.’’; and
cides the launch’’; (D) in subsection (g)—
(6) in section 70105— (10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre- (i) by striking ‘‘operation of a launch vehi-
(A) by inserting ‘‘(1)’’ before ‘‘A person
vent the launch’’ in subsection (a)(2); and cle or launch site,’’ in paragraph (1) and in-
may apply’’ in subsection (a);
(B) by inserting ‘‘or reentry site, or re- serting in lieu thereof ‘‘reentry, operation of
(B) by striking ‘‘receiving an application’’
entry of a reentry vehicle,’’ after ‘‘operation a launch vehicle or reentry vehicle, or oper-
both places it appears in subsection (a) and
of a launch site’’ in subsection (a)(3)(B); ation of a launch site or reentry site,’’; and
inserting in lieu thereof ‘‘accepting an appli-
(11) in section 70111— (ii) by inserting ‘‘reentry,’’ after ‘‘launch,’’
cation in accordance with criteria estab-
(A) by inserting ‘‘or reentry’’ after in paragraph (2); and
lished pursuant to subsection (b)(2)(D)’’;
‘‘launch’’ in subsection (a)(1)(A); (16) by adding at the end the following new
(C) by adding at the end of subsection (a)
(B) by inserting ‘‘and reentry services’’ sections:
the following: ‘‘The Secretary shall transmit
to the Committee on Commerce, Science, after ‘‘launch services’’ in subsection ‘‘§ 70120. Regulations
and Transportation of the Senate and the (a)(1)(B); ‘‘(a) IN GENERAL.—The Secretary of Trans-
Committee on Science of the House of Rep- (C) by inserting ‘‘or reentry services’’ after portation, not later than 9 months after the
resentatives a written notice not later than ‘‘or launch services’’ in subsection (a)(2); date of the enactment of this section, shall
30 days after any occurrence when a license (D) by striking ‘‘source.’’ in subsection issue regulations to carry out this chapter
is not issued within the deadline established (a)(2) and inserting ‘‘source, whether such that include—
by this subsection. source is located on or off a Federal range.’’; ‘‘(1) guidelines for industry and State gov-
‘‘(2) In carrying out paragraph (1), the Sec- (E) by inserting ‘‘or reentry’’ after ‘‘com- ernments to obtain sufficient insurance cov-
retary may establish procedures for safety mercial launch’’ both places it appears in erage for potential damages to third parties;
approvals of launch vehicles, reentry vehi- subsection (b)(1); ‘‘(2) procedures for requesting and obtain-
cles, safety systems, processes, services, or (F) by inserting ‘‘or reentry services’’ after ing licenses to launch a commercial launch
personnel that may be used in conducting li- ‘‘launch services’’ in subsection (b)(2)(C); vehicle;
censed commercial space launch or reentry (G) by inserting after subsection (b)(2) the ‘‘(3) procedures for requesting and obtain-
activities.’’; following new paragraph: ing operator licenses for launch;
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9459
‘‘(4) procedures for requesting and obtain- (A) achieve and sustain efficient manage- (8) in order to develop a market for the
ing launch site operator licenses; and ment of the electromagnetic spectrum used commercial sector, the States must have the
‘‘(5) procedures for the application of gov- by the Global Positioning System; and capacity to fully utilize that technology.
ernment indemnification. (B) protect that spectrum from disruption (b) AMENDMENTS.—The Land Remote Sens-
‘‘(b) REENTRY.—The Secretary of Transpor- and interference. ing Policy Act of 1992 is amended—
tation, not later than 6 months after the SEC. 906. ACQUISITION OF SPACE SCIENCE DATA. (1) in section 2 (15 U.S.C. 5601)—
date of the enactment of this section, shall (a) ACQUISITION FROM COMMERCIAL PROVID- (A) by amending paragraph (5) to read as
issue a notice of proposed rulemaking to ERS.—In order to satisfy the scientific and follows:
carry out this chapter that includes— educational requirements of the National ‘‘(5) Commercialization of land remote
‘‘(1) procedures for requesting and obtain- Aeronautics and Space Administration, and sensing is a near-term goal, and should re-
ing licenses to reenter a reentry vehicle; where practicable of other Federal agencies main a long-term goal, of United States pol-
‘‘(2) procedures for requesting and obtain- and scientific researchers, the Administrator icy.’’;
ing operator licenses for reentry; and shall to the maximum extent practicable ac- (B) by striking paragraph (6) and redesig-
‘‘(3) procedures for requesting and obtain- quire, if cost effective, space science data nating paragraphs (7) through (16) as para-
ing reentry site operator licenses. from a commercial provider. graphs (6) through (15), respectively;
(b) TREATMENT OF SPACE SCIENCE DATA AS (C) in paragraph (11), as redesignated by
‘‘§ 70121. Report to Congress subparagraph (B) of this paragraph, by strik-
COMMERCIAL ITEM UNDER ACQUISITION
‘‘The Secretary of Transportation shall LAWS.—Acquisitions of space science data by ing ‘‘determining the design’’ and all that
submit to Congress an annual report to ac- the Administrator shall be carried out in ac- follows through ‘‘international consortium’’
company the President’s budget request sub- cordance with applicable acquisition laws and inserting in lieu thereof ‘‘ensuring the
mitted under section 1105(a) of title 31, and regulations (including chapters 137 and continuity of Landsat quality data’’; and
United States Code, that— 140 of title 10, United States Code), except (D) by adding at the end the following:
‘‘(1) describes all activities undertaken that space science data shall be considered ‘‘(16) The United States should encourage
under this chapter, including a description of to be a commercial item for purposes of such remote sensing systems to promote access to
the process for the application for and ap- laws and regulations. Nothing in this sub- land remote sensing data by scientific re-
proval of licenses under this chapter and rec- section shall be construed to preclude the searchers and educators.
ommendations for legislation that may fur- United States from acquiring sufficient ‘‘(17) It is in the best interest of the United
ther commercial launches and reentries; and rights in data to meet the needs of the sci- States to encourage remote sensing systems
‘‘(2) reviews the performance of the regu- entific and educational community or the whether privately-funded or publicly-funded,
latory activities and the effectiveness of the needs of other government activities. to promote widespread affordable access to
Office of Commercial Space Transpor- (c) DEFINITION.—For purposes of this sec- unenhanced land remote sensing data by sci-
tation.’’. tion, the term ‘‘space science data’’ includes entific researchers and educators and to
(b) AUTHORIZATION OF APPROPRIATIONS.— scientific data concerning the elemental and allow such users appropriate rights for redis-
Section 70119 of title 49, United States Code, mineralogical resources of the moon, aster- tribution for scientific and educational non-
is amended to read as follows: oids, planets and their moons, and comets, commercial purposes.’’;
‘‘§ 70119. Authorization of appropriations microgravity acceleration, and solar storm (2) in section 101 (15 U.S.C. 5611)—
monitoring. (A) in subsection (c)—
‘‘There are authorized to be appropriated (d) SAFETY STANDARDS.—Nothing in this (i) by inserting ‘‘and’’ at the end of para-
to the Secretary of Transportation for the section shall be construed to prohibit the graph (6);
activities of the Office of the Associate Ad- Federal Government from requiring compli- (ii) by striking paragraph (7); and
ministrator for Commercial Space Transpor- ance with applicable safety standards. (iii) by redesignating paragraph (8) as para-
tation— (e) LIMITATION.—This section does not au- graph (7); and
‘‘(1) $6,275,000 for the fiscal year ending thorize the National Aeronautics and Space (B) in subsection (e)(1)—
September 30, 1999; and Administration to provide financial assist- (i) by inserting ‘‘and’’ at the end of sub-
‘‘(2) $6,600,000 for the fiscal year ending ance for the development of commercial sys- paragraph (A);
September 30, 2000.’’. tems for the collection of space science data. (ii) by striking ‘‘, and’’ at the end of sub-
(c) EFFECTIVE DATE.—The amendments SEC. 907. ADMINISTRATION OF COMMERCIAL paragraph (B) and inserting in lieu thereof a
made by subsection (a)(6)(B) shall take effect SPACE CENTERS.
period; and
upon the effective date of final regulations The Administrator shall administer the (iii) by striking subparagraph (C);
issued pursuant to section 70105(b)(2)(D) of Commercial Space Center program in a co- (3) in section 201 (15 U.S.C. 5621)—
title 49, United States Code, as added by sub- ordinated manner from National Aeronautics (A) by inserting ‘‘(1)’’ after ‘‘NATIONAL SE-
section (a)(6)(H). and Space Administration headquarters in CURITY.—’’ in subsection (b);
SEC. 905. PROMOTION OF UNITED STATES GLOB- Washington, D.C. (B) in subsection (b)(1), as redesignated by
AL POSITIONING SYSTEM STAND- SEC. 908. LAND REMOTE SENSING POLICY ACT OF
ARDS. subparagraph (A) of this paragraph—
1992 AMENDMENTS.
(i) by striking ‘‘No license shall be granted
(a) FINDING.—Congress finds that the Glob- (a) FINDINGS.—Congress finds that—
by the Secretary unless the Secretary deter-
al Positioning System, including satellites, (1) a robust domestic United States indus-
mines in writing that the applicant will com-
signal equipment, ground stations, data try in high resolution Earth remote sensing
ply’’ and inserting in lieu thereof ‘‘The Sec-
links, and associated command and control is in the economic, employment, techno-
retary shall grant a license if the Secretary
facilities, has become an essential element logical, scientific, and national security in-
determines that the activities proposed in
in civil, scientific, and military space devel- terests of the United States;
the application are consistent’’;
opment because of the emergence of a United (2) to secure its national interests the
(ii) by inserting ‘‘, and that the applicant
States commercial industry which provides United States must nurture a commercial re-
has provided assurances adequate to indi-
Global Positioning System equipment and mote sensing industry that leads the world;
cate, in combination with other information
related services. (3) the Federal Government must provide
available to the Secretary that is relevant to
(b) INTERNATIONAL COOPERATION.—In order policy and regulations that promote a stable
activities proposed in the application, that
to support and sustain the Global Position- business environment for that industry to
the applicant will comply with all terms of
ing System in a manner that will most effec- succeed and fulfill the national interest;
the license’’ after ‘‘concerns of the United
tively contribute to the national security, (4) it is the responsibility of the Federal
States’’; and
public safety, scientific, and economic inter- Government to create domestic and inter-
(iii) by inserting ‘‘and policies’’ after
ests of the United States, Congress encour- national conditions favorable to the health
‘‘international obligations’’;
ages the President to— and growth of the United States commercial
(C) by adding at the end of subsection (b)
(1) ensure the operation of the Global Posi- remote sensing industry;
the following new paragraph:
tioning System on a continuous worldwide (5) it is a fundamental goal of United ‘‘(2) The Secretary, not later than 6
basis free of direct user fees; States policy to support and enhance United months after the date of the enactment of
(2) enter into international agreements States industrial competitiveness in the the Department of Defense Appropriations
that promote cooperation with foreign gov- field of remote sensing, while at the same Act, 1999, shall publish in the Federal Reg-
ernments and international organizations time protecting the national security con- ister a complete and specific list of all infor-
to— cerns and international obligations of the mation required to comprise a complete ap-
(A) establish the Global Positioning Sys- United States; plication for a license under this title. An
tem and its augmentations as an acceptable (6) it is fundamental that the States be application shall be considered complete
international standard; and able to deploy and utilize that technology in when the applicant has provided all informa-
(B) eliminate any foreign barriers to appli- their land management responsibilities; tion required by the list most recently pub-
cations of the Global Positioning System (7) to date, very few States have the ability lished in the Federal Register before the date
worldwide; and to deploy and utilize that technology in the the application was first submitted. Unless
(3) provide clear direction and adequate re- manner described in paragraph (6) without the Secretary has, within 30 days after re-
sources to United States representatives so engaging the academic institutions within ceipt of an application, notified the appli-
that on an international basis they can— their boundaries; and cant of information necessary to complete
S9460 CONGRESSIONAL RECORD — SENATE July 30, 1998
an application, the Secretary may not deny cost savings to the Federal Government, or (b) TREATMENT AS COMMERCIAL ITEM UNDER
the application on the basis of the absence of are necessary for reasons of national secu- ACQUISITION LAWS.—Acquisitions by the Ad-
any such information.’’; and rity or international obligations or poli- ministrator of the data, services, distribu-
(D) in subsection (c), by amending the sec- cies.’’; tion, and applications referred to in sub-
ond sentence thereof to read as follows: ‘‘If (10) in section 302 (15 U.S.C. 5632)— section (a) shall be carried out in accordance
the Secretary has not granted the license (A) by striking ‘‘(a) GENERAL RULE.—’’; with applicable acquisition laws and regula-
within such 120-day period, the Secretary (B) by striking ‘‘, including unenhanced tions (including chapters 137 and 140 of title
shall inform the applicant, within such pe- data gathered under the technology dem- 10, United States Code), except that those
riod, of any pending issues and actions re- onstration program carried out pursuant to data, services, distribution, and applications
quired to be carried out by the applicant or section 303,’’; and shall be considered to be a commercial item
the Secretary in order to result in the grant- (C) by striking subsection (b); for purposes of such laws and regulations.
ing of a license.’’; (11) by striking section 303 (15 U.S.C. 5633); Nothing in this subsection shall be construed
(4) in section 202 (15 U.S.C. 5622)— (12) in section 401(b)(3) (15 U.S.C. 5641(b)(3)), to preclude the United States from acquiring
(A) by striking ‘‘section 506’’ in subsection by striking ‘‘, including any such enhance- sufficient rights in data to meet the needs of
(b)(1) and inserting in lieu thereof ‘‘section ments developed under the technology dem- the scientific and educational community or
507’’; onstration program under section 303,’’; the needs of other government activities.
(B) in subsection (b)(2), by striking ‘‘as (13) in section 501(a) (15 U.S.C. 5651(a)), by (c) SAFETY STANDARDS.—Nothing in this
soon as such data are available and on rea- striking ‘‘section 506’’ and inserting ‘‘section section shall be construed to prohibit the
sonable terms and conditions’’ and inserting 507’’; Federal Government from requiring compli-
in lieu thereof ‘‘on reasonable terms and con- (14) in section 502(c)(7) (15 U.S.C. 5652(c)(7)), ance with applicable safety standards.
ditions, including the provision of such data by striking ‘‘section 506’’ and inserting ‘‘sec- (d) ADMINISTRATION AND EXECUTION.—This
in a timely manner subject to United States tion 507’’; and section shall be carried out as part of the
national security and foreign policy inter- (15) in section 507 (15 U.S.C. 5657)— Commercial Remote Sensing Program at the
ests’’; (A) by striking subsection (a) and inserting Stennis Space Center.
(C) in subsection (b)(6), by striking ‘‘any the following: SEC. 910. REQUIREMENT TO PROCURE COMMER-
agreement’’ and all that follows through ‘‘(a) RESPONSIBILITY OF THE SECRETARY OF CIAL SPACE TRANSPORTATION
DEFENSE.—The Secretary shall consult with SERVICES.
‘‘nations or entities’’ and inserting in lieu
the Secretary of Defense on all matters (a) IN GENERAL.—Except as otherwise pro-
thereof ‘‘any significant or substantial
under title II affecting national security. vided in this section, the Federal Govern-
agreement’’; and
The Secretary of Defense shall be responsible ment shall acquire space transportation
(D) by inserting after paragraph (6) of sub-
for determining those conditions, consistent services from United States commercial pro-
section (b) the following:
with this Act, necessary to meet national se- viders in any case in which those services are
‘‘The Secretary may not seek to enjoin a required in the course of its activities. To
company from entering into a foreign agree- curity concerns of the United States, and for
notifying the Secretary promptly of such the maximum extent practicable, the Fed-
ment the Secretary receives notification of eral Government shall plan missions to ac-
conditions. The Secretary of Defense shall
under paragraph (6) unless the Secretary has, commodate the space transportation serv-
convey to the Secretary the determinations
within 30 days after receipt of such notifica- ices capabilities of United States commer-
for a license issued under title II, consistent
tion, transmitted to the licensee a statement cial providers.
with this Act, that the Secretary of Defense
that such agreement is inconsistent with the (b) EXCEPTIONS.—The Federal Government
determines necessary to meet the national
national security, foreign policy, or inter- shall not be required to acquire space trans-
security concerns of the United States.’’;
national obligations of the United States, in- portation services under subsection (a) if, on
(B) by striking subsection (b)(1) and (2) and
cluding an explanation of that inconsist- a case-by-case basis, the Administrator or, in
inserting the following:
ency.’’; ‘‘(b) RESPONSIBILITY OF THE SECRETARY OF the case of a national security issue, the Sec-
(5) in section 203(a)(2) (15 U.S.C. 5623(a)(2)), STATE.—(1) The Secretary shall consult with retary of the Air Force, determines that—
by striking ‘‘under this title and’’ and insert- the Secretary of State on all matters under (1) a payload requires the unique capabili-
ing in lieu thereof ‘‘under this title or’’; title II affecting international obligations ties of the Space Shuttle;
(6) in section 204 (15 U.S.C. 5624), by strik- and policies of the United States. The Sec- (2) cost effective space transportation serv-
ing ‘‘may’’ and inserting in lieu thereof retary of State shall be responsible for deter- ices that meet specific mission requirements
‘‘shall’’; mining those conditions, consistent with would not be reasonably available from
(7) in section 205(c) (15 U.S.C. 5625(c)), by this Act, necessary to meet international ob- United States commercial providers when re-
striking ‘‘if such remote sensing space sys- ligations and policies of the United States quired;
tem is licensed by the Secretary before com- and for notifying the Secretary promptly of (3) the use of space transportation services
mencing operation’’ and inserting in lieu such conditions. The Secretary of State shall from United States commercial providers
thereof ‘‘if such private remote sensing space convey to the Secretary the determinations poses an unacceptable risk of loss of a unique
system will be licensed by the Secretary be- for a license issued under title II, consistent scientific opportunity;
fore commencing its commercial operation’’; with this Act, that the Secretary of State (4) the use of space transportation services
(8) by adding at the end of title II the fol- determines necessary to meet the inter- from United States commercial providers is
lowing new section: national obligations and policies of the inconsistent with national security objec-
‘‘SEC. 206. NOTIFICATION. United States. tives;
‘‘(a) LIMITATIONS ON LICENSEE.—Not later ‘‘(2) Appropriate United States Govern- (5) the use of space transportation services
than 30 days after a determination by the ment agencies are authorized and encour- from United States commercial providers is
Secretary to require a licensee to limit col- aged to provide to developing nations, as a inconsistent with foreign policy purposes, or
lection or distribution of data from a system component of international aid, resources for launch of the payload by a foreign entity
licensed under this title, the Secretary shall purchasing remote sensing data, training, serves foreign policy purposes;
provide written notification to Congress of and analysis from commercial providers. Na- (6) it is more cost effective to transport a
such determination, including the reasons tional Aeronautics and Space Administra- payload in conjunction with a test or dem-
therefor, the limitations imposed on the li- tion, United States Geological Survey, and onstration of a space transportation vehicle
censee, and the period during which those National Oceanic and Atmospheric Adminis- owned by the Federal Government; or
limitations apply. tration should develop and implement a pro- (7) a payload may make use of the avail-
‘‘(b) TERMINATION, MODIFICATION, OR SUS- gram to aid the transfer of remote sensing able cargo space on a Space Shuttle mission
PENSION.—Not later than 30 days after an ac- technology and Mission to Planet Earth as a secondary payload, and that payload is
tion by the Secretary to seek an order of in- (OES) science at the state level’’; and consistent with the requirements of re-
junction or other judicial determination pur- (C) in subsection (d), by striking ‘‘Sec- search, development, demonstration, sci-
suant to section 202(b) or section 203(a)(2), retary may require’’ and inserting ‘‘Sec- entific, commercial, and educational pro-
the Secretary shall provide written notifica- retary shall, if appropriate, require’’. grams authorized by the Administrator.
tion to Congress of that action and the rea- SEC. 909. ACQUISITION OF EARTH SCIENCE DATA. (c) DELAYED EFFECT.—Subsection (a) shall
sons for that action.’’; (a) ACQUISITION.—For purposes of meeting not apply to space transportation services
(9) in section 301 (15 U.S.C. 5631)— Government goals for Mission to Planet and space transportation vehicles acquired
(A) by inserting ‘‘, that are not being com- Earth, and in order to satisfy the scientific or owned by the Federal Government before
mercially developed’’ after ‘‘and its environ- and educational requirements of the Na- the date of enactment of this Act, or with re-
ment’’ in subsection (a)(2)(B); and tional Aeronautics and Space Administra- spect to which a contract for that acquisi-
(B) by adding at the end the following: tion, and if appropriate, of other Federal tion or ownership has been entered into be-
‘‘(d) DUPLICATION OF COMMERCIAL SECTOR agencies and scientific researchers, the Ad- fore that date.
ACTIVITIES.—The Federal Government shall ministrator shall to the maximum extent (d) HISTORICAL PURPOSES.—This section
not undertake activities under this section practicable acquire, if cost-effective, space- shall not be construed to prohibit the Fed-
which duplicate activities available from the based and airborne Earth remote sensing eral Government from acquiring, owning, or
United States commercial sector, unless data, services, distribution, and applications maintaining space transportation vehicles
such activities would result in significant from a commercial provider. solely for historical display purposes.
July 30, 1998 CONGRESSIONAL RECORD — SENATE S9461
SEC. 911. ACQUISITION OF COMMERCIAL SPACE (5) whether National Aeronautics and (C) serving the foreign policy and national
TRANSPORTATION SERVICES. Space Administration and other Federal security interests of the United States.
(a) TREATMENT OF COMMERCIAL SPACE Government payloads should have priority (b) DEFINITIONS.—In this section:
TRANSPORTATION SERVICES AS COMMERCIAL over non-Federal payloads in the Space (1) SECRETARY.—The term ‘‘Secretary’’
ITEM UNDER ACQUISITION LAWS.—Acquisi- Shuttle launch assignments, and what poli- means the Secretary of Defense.
tions of space transportation services by the cies should be developed to prioritize among (2) TOTAL POTENTIAL NATIONAL MISSION
Federal Government shall be carried out in payloads generally; MODEL.—The term ‘‘total potential national
accordance with applicable acquisition laws (6) whether the public interest requires mission model’’ means a model that—
and regulations (including chapters 137 and that certain Space Shuttle functions con- (A) is determined by the Secretary, in con-
140 of title 10, United States Code), except tinue to be performed by the Federal Govern- sultation with the Administrator, to assess
that space transportation services shall be ment; and the total potential space missions to be con-
considered to be a commercial item for pur- (7) how much cost savings, if any, will be ducted by the United States during a speci-
poses of those laws and regulations. generated by privatization of the Space fied period of time; and
(b) SAFETY STANDARDS.—Nothing in this Shuttle. (B) includes all United States launches (in-
section shall be construed to prohibit the (c) REPORT TO CONGRESS.—Within 60 days cluding launches conducted on or off a Fed-
Federal Government from requiring compli- after the date of enactment of this Act, the eral range).
ance with applicable safety standards. National Aeronautics and Space Administra-
(c) REPORT.—
SEC. 912. LAUNCH SERVICES PURCHASE ACT OF tion shall complete the study required under
(1) IN GENERAL.—Not later than 180 days
1990 AMENDMENTS. subsection (b) and shall submit a report on
after the date of enactment of this Act, the
The Launch Services Purchase Act of 1990 the study to the Committee on Commerce,
Secretary shall, in consultation with the Ad-
(42 U.S.C. 2465b et seq.) is amended— Science, and Transportation of the Senate
and the Committee on Science of the House ministrator and appropriate representatives
(1) by striking section 202; of the satellite and launch industry and the
of Representatives.
(2) in section 203— governments of States and political subdivi-
SEC. 914. USE OF EXCESS INTERCONTINENTAL
(A) by striking paragraphs (1) and (2); and sions thereof—
BALLISTIC MISSILES.
(B) by redesignating paragraphs (3) and (4) (A) prepare a report that meets the re-
(a) IN GENERAL.—The Federal Government
as paragraphs (1) and (2), respectively; quirements of this subsection; and
shall not—
(3) by striking sections 204 and 205; and (B) submit that report to the Committee
(1) convert any missile described in sub-
(4) in section 206—