[Congressional Record Volume 143, Number 103 (Monday, July 21, 1997)]
[Senate]
[Pages S7763-S7765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1998

  The Senate resumed consideration of the bill.
  The PRESIDING OFFICER. The Senate will now resume consideration of S. 
1023, the Treasury-Postal Service bill.
  The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1023) making appropriations for the Treasury 
     Department, the U.S. Postal Service, the Executive Office of 
     the President, and certain Independent Agencies, for the 
     fiscal year ending September 30, 1998, and for other 
     purposes.

  Pending:

       Campbell (for DeWine) amendment No. 936, to prohibit the 
     use of funds to pay for an abortion or pay for the 
     administrative expenses in connection with certain health 
     plans that provide coverage for abortions.
       Kohl (for Bingaman) amendment No. 937, to strike provisions 
     prohibiting the use of appropriated funds for the sole source 
     procurement of energy conservation measures.
       Campbell (for Coverdell-Feinstein) amendment No. 940, to 
     provide that Federal employees convicted of certain bribery 
     and drug-related crimes shall be separated from service.
       Campbell (for Coverdell) amendment No. 941, to require a 
     plan for the coordination and consolidation of the 
     counterdrug intelligence centers and activities of the United 
     States.
       Campbell (for Hatch) amendment No. 942, to provide for a 
     national media campaign focused on preventing youth drug 
     abuse.
       Hutchison amendment No. 943, to establish parity among the 
     countries that are parties to the North American Free Trade 
     Agreement with respect to the personal allowance for duty-
     free merchandise purchased abroad by returning residents.


                      Unanimous Consent-Agreement

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
rollcalls not take place as ordered.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. For the information of all Senators, a number of votes 
were scheduled to occur beginning at 5:15 today. Over the weekend, and 
most of today, the managers of the Treasury appropriations bill have 
been working to resolve those outstanding amendments, and it now 
appears that the Campbell amendment offered on behalf of Senator DeWine 
regarding abortion funds and passage are the only remaining votes that 
need to occur with respect to the Treasury Appropriations bill. There 
may also be a Bingaman amendment, but we are not clear about that yet.
  As many Members are aware, the U.S.S. Constitution made its maiden 
voyage as a refurbished symbol of America's proud past today on the 
waters off Massachusetts. However, the ceremonies surrounding this 
event were delayed. Consequently, several of our Members will not be 
returning in time for the vote.
  Therefore, on behalf of the majority leader, I ask unanimous consent 
that the rollcall votes scheduled to occur today now be postponed to 
begin at 10 a.m. on Tuesday, July 22. Obviously, needless to say, there 
will be no rollcall votes that will occur in today's session, but there 
will be some further matters.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I yield the floor.


                              data access

  Mr. NICKLES. Mr. President, before this body passes the Treasury and 
general government appropriation bill for fiscal year 1998, I would 
like to raise an important issue concerning how the Government develops 
policies and regulations. The issue is the public's right to have 
access to the data that is produced from Government funded studies and 
used to support regulatory rulemakings. As you may know, the Federal 
Government does not have a standardized process for making research 
data available for independent review. Often the public is forced to 
comply with costly regulations without the assurance that the data 
underlying the rules has been made available for independent scientific 
evaluation. If the Government is going to force the public to comply 
with its rules, the public must have confidence that the rules are 
based on sound science. Similarly, if the Government is going to 
provide funding for research, the public should be able to access the 
data that is produced from such research. Unfortunately, the Government 
does not have a disclosure policy on research data. I believe this 
undermines the scientific basis of our rulemaking and erodes the 
public's confidence in the Government's regulatory development process. 
I would like to ask my colleague from Colorado, the chairman of the 
Treasury and General Government Appropriations Subcommittee, if he 
would be willing to work with me to correct this problem.
  Mr. CAMPBELL. I thank my colleague from Oklahoma for raising this 
important issue. The fact that this data is not now made available only 
adds to the public's mistrust of Government. I look forward to working 
with you to develop an appropriate solution.
  Mr. NICKLES. I thank the Senator for his support on this issue.


                       Newport, IRS Hiring Waiver

  Mr. LEAHY. Mr. President, I would like to seek clarification on 
report language which the subcommittee was good enough to include in 
the Treasury and general government appropriations bill. That report 
language urges the Internal Revenue Service to approve a waiver from 
internal hiring requirements for the Newport IRS office if a planned 
reduction in force [RIF] does not result in those positions being 
filled.
  The Newport IRS office is one of two national centers that process SS 
8 forms and has earned a high reputation for efficiency and excellence. 
To handle its increased responsibilities, the office has been trying to 
fill a number of lower level positions ranging from GS 3-5. Current IRS 
regulations require that these positions be filled internally. While 
Newport is a beautiful Vermont town, it is also extremely remote, and 
the office has been unable to fill such low-level positions from within 
the existing IRS personnel. These new personnel are needed to continue 
Newport's exemplary record in processing SS 8 forms.
  The committee report also includes a provision, which I strongly 
support, directing the IRS to continue to delay its planned field 
reduction in force until it submits another report to Congress with a 
detailed plan on how the IRS will ensure adequate taxpayer service in 
the future, especially in rural areas. I share the concerns outlined in 
the committee report about how taxpayer service will be affected by the 
planned reorganization, especially in rural areas like Vermont. As a 
result of this language, the RIF which IRS had planned for July 7 will 
not be going forward. My understanding is that in the absence of this 
RIF, the committee intends for IRS to move forward immediately with its 
approval for the Newport hiring waiver. Is that correct?
  Mr. CAMPBELL. Mr. President, the Senator from Vermont is correct. The 
Senate report clearly states that if the July RIF did not address the 
employment shortage at the Newport IRS office, that the Service should 
move forward with the waiver. Because that RIF will be delayed for some 
time, IRS should move forward immediately with the Newport hiring 
waiver.
  Mr. LEAHY. I thank the Senator from Colorado, and I appreciate his 
clarification of this language.

[[Page S7764]]

                           amendment no. 943

  Mrs. HUTCHISON. Mr. President, I ask that Senators Kyl, McCain, 
Gramm, Bingaman, and Boxer be added as cosponsors to my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. I am pleased that I was able to work with Secretary 
Rubin and Ambassador Barshefsky's staff on this amendment. I am 
confident that they will use this directive from Congress to make 
progress--in the spirit of NAFTA--to correct the personal duty-free 
allowance inequity. I hope that it can be passed by unanimous consent 
when it is brought to the floor.
  Mr. President, my amendment addresses the disparities that exist in 
the personal duty-free exemption's of the United States, Mexico, and 
Canada. The United States provides each United States resident who is 
returning from Mexico and Canada with a personal exemption from duty on 
merchandise valued at up to $400 once every 30 days. This is the same 
duty exemption every U.S. citizen is afforded when they return to the 
United States from any country. Mexico, however, has a two-tiered duty-
free allowance structure. If you are a Mexican resident and live within 
25 kilometers of the border, when you return to Mexico at a land border 
crossing, you may only return with $50 in duty-free merchandise. This 
has become known as the $50 rule, and it is crippling businesses on the 
U.S. side of the border in Texas, California, New Mexico, and Arizona. 
If you are a Mexican resident bringing more than $50 in merchandise, 
you must pay a 22.8-percent duty rate.
  This rule, Mr. President, makes it prohibitively expensive for a 
Mexican resident to purchase a washing machine, refrigerator, 
electronics, furniture, or any item costing more than $50 in the United 
States. In U.S. border communities, countless small businesses have 
closed their doors and thousands of American jobs have been lost. Our 
larger retailers are also suffering, as Mexicans who used to travel 
across the border for goods are now limited to purchasing them on their 
side of the border.
  Mr. President, my amendment is very simple. It directs the United 
States Trade Representative and Secretary of the Treasury to begin 
discussions with their counterparts in Mexico and Canada to achieve 
parity in the duty-free allowance structure of the three NAFTA 
countries. These officials will report to Congress within 90 days on 
the progress they are making to correct these disparities. If the 
situation remains unchanged, in 6 months these officials will propose 
appropriate legislation and action to bring the United States duty-free 
allowance into conformance with the allowance levels established by 
Mexico and Canada.
  Mr. President, this is an important issue for my constituents, and I 
look forward to this amendment's adoption.
  Mr. DOMENICI. Mr. President, I rise in strong support of S. 1023, the 
Treasury and general Government appropriations bill for fiscal year 
1998.
  This bill provides new budget authority of $25.2 billion and new 
outlays of $22.3 billion to finance operations of the Department of the 
Treasury, including the Internal Revenue Service, U.S. Customs Service, 
Bureau of Alcohol, Tobacco and Firearms, and the Financial Management 
Service; as well as the Executive Office of the President, the Office 
of Personnel Management, the General Services Administration, and other 
agencies that perform central Government functions.
  I congratulate the chairman and ranking member for producing a bill 
that is within the subcommittee's 602(b) allocation and generally 
consistent with the bipartisan balanced budget agreement. I also 
commend the chairman for his strong support for law enforcement, 
including the Federal Law Enforcement Training Center.
  When outlays from prior-year BA and other adjustments are taken into 
account, the bill totals $25.3 billion in BA and $25.1 billion in 
outlays. The total bill is below the Senate subcommittee's 602(b) 
nondefense discretionary allocation for budget authority by $4 million 
and at its allocation for outlays. The subcommittee is also at its 
violent crime reduction trust fund allocation for BA and under its 
allocation for outlays by $15 million.
  Mr. President, I ask unanimous consent to have printed in the Record 
a table displaying the Budget Committee scoring of S. 1023, as reported 
by the Senate.
  I urge Members to support the bill and to refrain from offering 
amendments that would cause the subcommittee to exceed its 602(b) 
allocation. Mr. President, I rise in strong support of S. 1023, the 
Treasury, Postal Service, and general Government appropriations bill 
for fiscal year 1998.
  There being no objection, the table was ordered to be printed in the 
Record, as follows:

            S. 1023, TREASURY-POSTAL APPROPRIATIONS, 1998--SPENDING COMPARISONS, SENATE-REPORTED BILL
                                   [Fiscal year 1998, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                   Defense     Nondefense     Crime      Mandatory      Total
----------------------------------------------------------------------------------------------------------------
Senate-reported bill:
  Budget authority.............................           --       12,464          131       12,713       25,308
  Outlays......................................           --       12,269          112       12,712       25,093
Senate 602(b) allocation:
  Budget authority.............................           --       12,468          131       12,713       25,312
  Outlays......................................           --       12,269          127       12,712       25,108
President's request:
  Budget authority.............................           --       12,848          118       12,713       25,679
  Outlays......................................           --       12,388          105       12,712       25,205
House-passed bill:
  Budget authority.............................           --           --           --           --           --
  Outlays......................................           --           --           --           --           --
        Senate-Reported Bill Compared To
Senate 602(b) allocation:
  Budget authority.............................           --          (4)           --           --          (4)
  Outlays......................................           --           --         (15)           --         (15)
President's request:
  Budget authority.............................           --        (384)           13           --        (371)
  Outlays......................................           --        (119)            7           --        (112)
House-passed bill:
  Budget authority.............................           --       12,464          131       12,713       25,308
  Outlays......................................           --       12,269          112       12,712       25,093
----------------------------------------------------------------------------------------------------------------
Note.--Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping
  conventions.

  Mr. CAMPBELL addressed the Chair.
  The PRESIDING OFFICER (Mrs. Hutchison). The Senator from Colorado.


                   Modification to Amendment No. 921

  Mr. CAMPBELL. Madam President, I ask unanimous consent that amendment 
No. 921, adopted previously, be modified and I send that modification 
to the desk.
  The PRESIDING OFFICER. The Senator has that right.
  The modification is as follows:

       At the conclusion of line 1 on page 1, insert Amendment 
     922; and
       On page 1, strike lines 2 and all that follows through line 
     21 on page 3 and insert the following in its place.

     SEC.   . SENSE OF THE SENATE REGARDING IMPORTS OF FISH TAKEN 
                   OR RETAINED IN A MANNER INCONSISTENT WITH 
                   RECOMMENDATIONS OF THE INTERNATIONAL COMMISSION 
                   FOR THE CONSERVATION OF ATLANTIC TUNAS.

       It is the Sense of the Senate that the United States, as a 
     signatory to the International Convention for the 
     Conservation of Atlantic Tunas, should implement as fully as 
     possible the recommendations of the International Commission 
     for the Conservation of Atlantic Tunas (ICCAT).

[[Page S7765]]

       It is the Sense of the Senate that fish taken and retained 
     in a manner and under circumstances that are inconsistent 
     with the recommendations of the ICCAT made pursuant to 
     article VIII of the Convention and adopted by the Secretary 
     of Commerce should be prohibited entry into the United 
     States.


                Amendments Nos. 942 and 943, As Modified

  Mr. CAMPBELL. Madam President, I ask unanimous consent that 
amendments Nos. 942 and 943 be modified, and I send those modifications 
to the desk.
  The PRESIDING OFFICER. The Senator has that right.
  The amendments (Nos. 942 and 943), as modified, are as follows:


                     amendment no. 942, as modified

       At page 47, starting at line 18, strike all to page 48, 
     line 1 at ``Provided''.
       In lieu thereof, insert ``trol Policy, submits a strategy 
     to the Committees on Appropriations and Judiciary of the 
     House of Representatives and the Senate that includes (1) a 
     certification, and guidelines to ensure that funds will 
     supplement and not supplant current anti-drug community based 
     coalitions; (2) a certification, and guidelines to ensure 
     that none of the funds will be used for partisan political 
     purposes; (3) a certification, and guidelines to ensure that 
     no media campaigns to be funded pursuant to this campaign 
     shall feature any elected officials, persons seeking elected 
     office, cabinet-level officials, or other Federal officials 
     employed pursuant to Schedule C of 5 Code of Federal 
     Regulations, Section 213, absent notice to the Chairmen and 
     ranking members of the House and Senate Committees on 
     Appropriations and Judiciary; (4) a detailed implementation 
     plan to be submitted to the Chairmen and ranking members of 
     the Committees on Appropriations and Judiciary for securing 
     private sector contributions including but not limited to in 
     kind contributions; (5) a detailed implementation plan to be 
     submitted to the Chairmen and ranking members of the 
     Committees on Appropriations and Judiciary of the 
     qualifications necessary for any organization, entity, or 
     individual to receive funding for or otherwise provided 
     broadcast media time.
                                  ____



                     amendment no. 943, as modified

       At the appropriate place, insert the following new section:

     SEC.   . PERSONAL ALLOWANCE PARITY AMONG NAFTA PARTIES.

       (A) In General.--The United States Trade Representative and 
     the Secretary of the Treasury, in consultation with the 
     Secretary of Commerce, shall initiate discussions with 
     officials of the Governments of Mexico and Canada to achieve 
     parity in the duty-free personal allowance structure of the 
     United States, Mexico, and Canada.
       (b) Report.--The United States Trade Representative and the 
     Secretary of the Treasury shall report to Congress within 90 
     days after the date of enactment of this Act on the progress 
     that is being made to correct any disparity between the 
     United States, Mexico, and Canada with respect to duty-free 
     personal allowances.
       (c) Recommendations.--If parity with respect to duty-free 
     personal allowances between the United States, Mexico, and 
     Canada is not achieved within 180 days after the date of 
     enactment of this Act, the United States Trade Representative 
     and the Secretary of the Treasury shall submit 
     recommendations to Congress for appropriate legislation and 
     action.


    Amendments Nos. 940; 941; 942, as Modified; and 943, as Modified

  Mr. CAMPBELL. Madam President, I ask unanimous consent that 
amendments Nos. 940, 941, 942, as modified and 943, as modified, be 
adopted, en bloc, and that the motion to reconsider the vote on the 
adoption of those amendments be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 940 and 941) and (Nos. 942 and 943), as 
modified, were agreed to, en bloc.


                           amendment no. 940

  Mr. KOHL. Mr. President, we have accepted amendment No. 940, but I do 
want to mention that we may need to fine-tune it in conference. The 
reason is that, as currently drafted, the proposal is somewhat 
ambiguous. And for that reason, the Justice Department has told us that 
it has serious concerns about the amendment.
  Now, I read the language to apply prospectively; that is, to people 
who are subsequently convicted of a crime--but not to those employees 
who were convicted years ago--or at any time prior to when this 
proposal becomes law. And I also believe that parts (a)(1) and (a)(2) 
should be read conjunctively; that is, to apply to government employees 
who are convicted of drug-related bribery--but not to employees who are 
convicted of either bribery or drug-related crimes alone.
  We have talked to Senator Coverdell's staff and they are willing to 
work on the language of the amendment to make this clear and I am 
optimistic that we can write it to everybody's satisfaction in 
conference.
  Mr. CAMPBELL. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BOND. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________