Congressional Record, Volume 143 Issue 57 (Tuesday, May 6, 1997)

[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[Senate]
[Pages S3979-S3981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT OF 1997

The PRESIDING OFFICER (Mr. Santorum). The Senate will resume
consideration of S. 672, which the clerk will report.
The legislative clerk read as follows:

A bill (S. 672) making supplemental appropriations and
rescissions for the fiscal year ending September 30, 1997,
and for other purposes.

The Senate resumed consideration of the bill.

Pending:
Grams-Johnson amendment No. 54, to facilitate recovery from
the recent flooding across North Dakota, South Dakota, and
Minnesota by providing greater flexibility for depository
institutions and their regulators.

Privilege of the Floor

Mr. WELLSTONE. Mr. President, I ask unanimous consent that a member
of my staff, Sarah Neimeyer, be granted the privilege of the floor
during consideration of the votes relating to S. 672.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WELLSTONE. Mr. President, I say to my colleague from Alaska that
I have several amendments that I am ready to proceed with. I don't know
exactly what his plan is, so I yield the floor.
Mr. STEVENS addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. STEVENS. Mr. President, I thank the Senator.
I would be prepared to discuss the amendments that Senator Wellstone
has shown to the committee. We are awaiting the arrival of the
distinguished Senator from West Virginia. But I believe that it would
be in order, if the Senator wishes, to lay down the amendment and
discuss the one pertaining to low-income home energy assistance. And I
would be pleased to discuss that with the Senator--pending the arrival
of the Senator from West Virginia with regard to accepting it, however.
Mr. WELLSTONE. Mr. President, I have several amendments that I would
like to offer and I would be more than willing to wait for the Senator
from West Virginia, Senator Byrd, to come to the floor, if the Senator
from Alaska so desires.
Mr. STEVENS. He sent word to go ahead with regard to amendments that
we have seen so far.

Amendment No. 57

(Purpose: To strike section 304)

Mr. WELLSTONE. I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Minnesota (Mr. Wellstone) proposes an
amendment numbered 57.

Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

Beginning on page 47, strike line 19 and all that follows
through page 48, line 12.

Mr. WELLSTONE. Mr. President, I am going to lay this amendment aside
and get to an amendment we may agree on. But I want to briefly mention
the first two amendments that I have discussed with my colleagues.
Mr. STEVENS. Will the Senator yield?
Mr. WELLSTONE. Please.
Mr. STEVENS. Mr. President, we have only seen two of the Senator's
amendments. We would like an opportunity to review them, if he would be
so kind.
Mr. WELLSTONE. I would be pleased to. This is an amendment that has
to do with brand name drugs for adults. I was going to simply offer it,
lay it aside, and then go to the energy assistance amendment.
Mr. STEVENS. Mr. President, that is agreeable with the managers of
the bill. I would like to have it laid aside and not be the pending
amendment, if the Senator wishes. But we don't want to see a roadblock
and have to get consent to move on to the other amendments.
Mr. WELLSTONE. I would be pleased to do that.
Mr. President, I ask unanimous consent that this amendment be laid
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 58

(Purpose: to make certain funds available, under the Low-Income Home
Energy Assistance Act of 1981, to victims of flooding and other natural
disasters)

Mr. WELLSTONE. I send an amendment to the desk
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Minnesota (Mr. Wellstone) proposes an
amendment numbered 58.

Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

Mr. WELLSTONE. Mr. President, let me, first of all, say to my
colleague from Alaska that I hope we will be able to eventually
negotiate this out. We have been in contact with the Department of
Health and Human Services to find out exactly what the need is in other
States and see how we can make the best use of low-income energy
assistance money to help people who have been the victims of floods.
So I thought, that while I know that my colleague is willing to
perhaps take this, that I might start by explaining this amendment,
unless my colleague has remarks which he wants to make at the moment.
Mr. STEVENS. Mr. President, if the Senator will yield, it would be my
position that, if the Senator would delete the references to specific
States, we would have no objection to the amendment. It is my
understanding that the money is available and this would earmark $45
million for assistance under section 2604(g) of the Low-Income Home
Energy Assistance Act. But there are other disaster areas that are
covered by this bill. We see no reason why there should not be similar
assistance in those areas.
There are some disasters from 1996 and some from the spring of 1997
covered by this bill. They are all within the assistance for fiscal
year 1997. Being limited to the assistance that is in this bill for
1997, we would have no objection if it is not earmarked to specific
States.
I don't know the extent of assistance that would be available outside
of the three States mentioned, but I do believe there are circumstances
that would warrant them because of the type of flooding that took place
in the fall of 1996.
Mr. WELLSTONE. Mr. President, I say to my colleague, perhaps I will
then lay out the rationale for this. The reason I hesitate is that
perhaps we might need, in the agreement, to work on another number. In
other words, the $45 million was based upon the very best advice that I
received from Governors of our States about what we needed. It may be
that we are going to talk about other States as well, which I am
pleased to do, however, I just want to have some understanding of what
the need is and whether or not this is enough funding. Altogether I
think there is a contingency fund of

[[Page S3980]]

over $200 million that Health and Human Services has in the LIHEAP
program.
So, if my colleague would not mind, I would like to explain why I
have offered this amendment. First of all, I very much appreciate the
offer from the Senator from Alaska.
I also want to say at the very beginning that both Senator Stevens
and Senator Byrd have--I want people in Minnesota to know this--really
left no stone unturned when it comes to this effort to get the
assistance to people. I thank them.
Mr. STEVENS. Will the Senator yield further, Mr. President?
The Senator's amendment mandates the Secretary to make this available
from the moneys that the Senator has mentioned. The Secretary has
current authority to do it. It is discretionary. The effect of his
amendment is to mandate that, of the moneys that are there, at least
$45 million shall be available immediately for the disaster victims. I
believe that the fund itself is for general population assistance for
LIHEAP projects. If the Senator will take out the reference to the
specific States, what it means is that the $45 million is reserved for
the purposes he seeks and, if there is additional money in there, for
others. But we think this reserving money ought to be for victims of
all disasters covered by the bill.
Mr. WELLSTONE. Mr. President, I again appreciate the Senator from
Alaska and his wisdom on this matter. The Senator is quite correct.
A little bit of background about this: We have been working very hard
with the administration over the last month to get them to release this
contingency funding. I talked with the Office of Management and Budget
and others about releasing some of this funding to the State of
Minnesota. Under the best of all circumstances, you want to keep this
contingency fund intact because you may need it for the summer cooling
assistance. We don't normally think about that. But not too many
summers ago we were faced with a tragic situation in our country where
people actually died from the heat. I understand the need to keep some
of that money in the contingency fund. It just so happens that this
flooding and the extent of this devastation is unprecedented, and we
are trying to take some of this fund to deal with an emergency--indeed,
the emergency that confronts people in our States.

Let me, first of all, explain the reason for this amendment. This
money is in a contingency fund to provide assistance to people who
really need that assistance, who are really faced with an emergency
situation, and that is the case in Minnesota and the Dakotas. But what
we are faced with in Minnesota is the situation where many people are
now going back to their homes and they are trying to rebuild their
lives. This money, which can be delivered expeditiously and will help
people repair their furnaces so that they can begin the process of
rebuilding their lives by cleaning up and moving back into their homes.
If I could get both Senators' attention, if I could get the attention
of the Senator from Alaska, I want to say to the Senator from Alaska
and to the Senator from West Virginia that we will accept the very
generous offer. We have now made some calls and this is fine with us.
Maybe I could summarize this amendment and we will be done with it,
if that is OK.
Mr. President, in Minnesota alone, we have estimates of around $30
million to help people with their emergency energy needs. Once this
amendment is accepted, and it will be and hopefully be part of this
disaster relief bill, we are in a position, out in Minnesota, to
deliver this assistance to people within a couple of weeks. We are
talking about, roughly speaking, in Minnesota alone, about 16,000
households which will be eligible for this assistance.
So, I say to my distinguished colleague from Alaska, and I say to my
distinguished colleague from West Virginia as well: Thank you. I want
this assistance to help people in, not just three States, but other
States as well. It sounds like this additional funding will really make
a difference. It sounds like a small amount. I thank my colleagues, all
of my colleagues, because, while it may sound like a small amount,
given the context of the overall disaster relief bill, this will be a
huge help. I have been receiving a lot of calls from State officials
and from families in Minnesota saying: Look, we are going home. We are
trying to rebuild our homes, trying to rebuild our lives. If you could
get just a little bit of assistance to us to repair our furnaces, for
example, this would make all the difference in the world.
I say to Senator Stevens and Senator Byrd, you have helped make all
the difference in the world for some families in Minnesota. I thank you
and I am very pleased to have this amendment accepted.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, as Senator Wellstone has indicated, the
effect of this amendment will be to dedicate a portion of the moneys
that are available to the Secretary of Health and Human Services to
make LIHEAP-type assistance available to victims of flooding and other
natural disasters covered by the bill. It is moneys that are there and
could be made available. This mandates making it available.
We believe under the circumstances that that is a proper thing to do.
For this side, I am willing to accept the amendment.
Mr. President, I ask Senator Byrd if he is willing to accept the
amendment.
Mr. BYRD. Yes, if the Senator will yield, I am happy to associate
myself with the remarks of the distinguished Senator from Alaska.
Mr. STEVENS. I ask the Senator modify his amendment in accordance
with our agreement by deleting the references to the States. Has he
done that?
Mr. WELLSTONE. Mr. President, I say to the Senator from Alaska, I
will so modify it.
The PRESIDING OFFICER. The Senator has a right to modify his
amendment at this time.
Mr. STEVENS. As modified, it then reads ``natural disasters for the
fiscal year 1997,'' is that correct?
The PRESIDING OFFICER. The amendment is so modified.
The amendment (No. 58), as modified, is as follows:

At the end of title III, add the following:
Sec. 326. The Secretary of Health and Human Services
shall--
(1) make available under section 2604(g) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(g)),
$45,000,000 in assistance described in such Act to victims of
flooding and other natural disasters for the fiscal year
1997; and
(2) make the assistance available from funds appropriated
to carry out such Act prior to the date of enactment of this
section.
Mr. STEVENS. I am prepared to accept the amendment of the Senator and
ask for a vote.
The PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the amendment.
The amendment (No. 58), as modified, was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. WELLSTONE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENS. Does the Senator wish to proceed to other amendments?
Mr. WELLSTONE. I am ready, but in deference to both Senators, they
had wanted me to lay aside the extension of the drug patent?
Mr. STEVENS. Yes. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Alaska.

Amendment No. 60

(Purpose: To make a technical amendment to language in the manager's
amendment)

Mr. STEVENS. Mr. President, the Department of Transportation has
provide us a technical correction to some language that is in the
nonemergency title of the bill. The correction in no way changes the
scope or intent of our committee action and it has been cleared, now,
on both sides. I offer it, to bring about the technical correction that
has been sought by the administration through the Department of
Transportation.
I send the amendment to the desk.

[[Page S3981]]

The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Alaska [Mr. Stevens] proposes an amendment
numbered 60.

Mr. STEVENS. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On line 1, page 37 of the bill, after the colon, strike all
through ``1997'' on line 15 of page 37, and insert the
following:
``Provided further, That notwithstanding any other
provision of law, such additional authority shall be
distributed to ensure that States receive amounts that they
would have received had the Highway Trust Fund fiscal year
1994 income statement not been understated prior to the
revision on December 24, 1996; and that notwithstanding any
other provision of law, an amount of obligational authority
in addition to the amount distributed above, shall be made
available by this Act and shall be distributed to assure that
States receive obligational authority that they would have
received had the Highway Trust Fund fiscal year 1995 income
statement not been revised on December 24, 1996:
Provided further, That such additional authority shall be
distributed to ensure that no State shall receive an amount
in fiscal year 1997 that is less than the amount a State
received in fiscal year 1996''

Mr. STEVENS. Mr. President, I ask for immediate consideration of the
amendment.
Mr. BYRD. Mr. President, this side is in agreement with the
distinguished Senator from Alaska with reference to this amendment. We
are willing to accept it.
The PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the amendment.
The amendment (No. 60) was agreed to.
Mr. STEVENS. Mr. President, I move to reconsider the vote.
Mr. BYRD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENS. Mr. President, so there is no misunderstanding, I ask
unanimous consent that amendment No. 60 that I offered on behalf of the
Treasury Department to make a technical correction to the bill be
considered original text for the purpose of amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, does the Senator from Minnesota wish to
proceed now?
Mr. WELLSTONE. Mr. President, I am ready to speak about the bill, the
disaster relief bill, and how important it is to Minnesota. I am
waiting on the amendment for Senator Hollings.
Mr. STEVENS. Mr. President, if the Senator wishes to address the bill
in any way, it is his privilege.
Mr. WELLSTONE. Mr. President, I thank the Chair. I will, just for a
minute, suggest the absence of a quorum, and then I will be right back
on the floor.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GRAMM. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, the Senator from Texas is recognized for 10
minutes as in morning business.
Mr. GRAMM. Mr. President, I thank the distinguished chairman of the
Appropriations Committee for giving me this time.

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