[Congressional Record Volume 145, Number 136 (Friday, October 8, 1999)]
[Senate]
[Pages S12319-S12322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HARKIN (for himself and Mr. Grams):
  S. 1710. A bill to require the Secretary of the Treasury to mint 
coins in conjunction with the minting of coins by the Republic of 
Iceland in commemoration of the millennium of the discovery of the New 
World by Leif Ericson; to the Committee on Banking, Housing, and Urban 
Affairs.


             leif ericson millennium commemorative coin act

  Mr. HARKIN. Mr. President, I am pleased to introduce the Leif Ericson 
Millennium Commemorative Coin Act along with my colleague Senator Rod 
Grams from Minnesota. This bipartisan legislation would authorize the 
U.S. Mint to issue a coin jointly with the Icelandic National Bank in 
commemoration of Leif Ericson and his voyage and exploration of North 
America. The famous Viking explorer is regarded as the first European 
to set foot on North American soil in the year 1000 AD. Next year marks 
the 1000th anniversary of Leif Ericson's Voyage of Discovery and this 
coin will commemorate this landmark event in North American history. 
This same legislation passed the House on July 19, 1999, and passed 
both the House and the Senate as amendments during the 105th Congress.
  The Government of Iceland is an important North Atlantic Treaty 
Organization (NATO) ally and this action would reiterate our strong 
relationship with and support for their nation. Iceland votes with the 
United States on virtually all United Nations and NATO issues and has 
formulated foreign policies parallel to ours. They also are cutting 
costs at our military base in Keflavi. Iceland has refrained from 
whaling, encouraged more U.S. trade and investment and initiated a 
partnership with the State of Alaska. The Government of Iceland has 
already approved a silver 1000 Kronor Icelandic coin to be produced by 
the U.S. Mint that will be packaged and issued simultaneously with the 
U.S. Leif Ericson Commemorative Coin. We believe jointly issuing these 
coins will help further relations between our nations.
  Mr. President, the United States Congress strengthened United States-
Icelandic relations by presenting a Leif Ericson statue as a gift to 
Iceland in 1930 as a gesture of memorializing Ericson's Voyage of 
Discovery. In 1964, President Lyndon B. Johnson made October 9 ``Leif 
Ericson Day'' in commemoration of this famous Norwegian Viking 
explorer. The Leif Ericson Commemorative Coin in the year 2000 would 
commemorate the millennial anniversary of Ericson's voyage and would 
display our commitment to continuing this relationship for the coming 
millennium.
  Mr. President, the Leif Ericson Millennium Commemorative Coin Act 
allows a simultaneous issuance of a commemorative U.S. silver dollar 
coin and a silver 1000 Kroner Icelandic coin. Both coins are to be 
produced in limited mintages, with U.S. Mint issuing a boxed set. Mint 
and surcharge proceeds from the coins will fund scholarships and 
student exchange programs between Iceland and United States. The U.S. 
Mint has read and approved the identical House version as meeting all 
the guidelines contained in the 1995 Congressional House Banking 
Committee Commemorative Coins Reforms Act, which protects the taxpayer 
from any costs. We feel such a coin is an important step in recognizing 
the important role Iceland has played in North American history. In the 
coming days, I will be talking to my colleagues in

[[Page S12320]]

joining me in supporting this legislation. Mr. President, I ask for 
unanimous consent for a copy of this bill to be included in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1710

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Leif Ericson Millennium 
     Commemorative Coin Act''.

     SEC. 2. COIN SPECIFICATIONS.

       (a) $1 Silver Coins.--In conjunction with the simultaneous 
     minting and issuance of commemorative coins by the Republic 
     of Iceland in commemoration of the millennium of the 
     discovery of the New World by Leif Ericson, the Secretary of 
     the Treasury (hereafter in this Act referred to as the 
     ``Secretary'') shall mint and issue not more than 500,000 $1 
     coins, which shall--
       (1) weigh 26.73 grams;
       (2) have a diameter of 1.500 inches; and
       (3) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of section 5136 of 
     title 31, United States Code, all coins minted under this Act 
     shall be considered to be numismatic items.

     SEC. 3. SOURCES OF BULLION.

       The Secretary may obtain silver for minting coins under 
     this Act from any available source, including stockpiles 
     established under the Strategic and Critical Materials Stock 
     Piling Act.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the millennium of the discovery of 
     the New World by Leif Ericson.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2000''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary after consultation with the 
     Leifur Eirikson Foundation and the Commission of Fine Arts; 
     and
       (2) reviewed by the Citizens Commemorative Coin Advisory 
     Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only 1 facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Commencement of Issuance.--The Secretary may issue 
     coins minted under this Act beginning January 1, 2000.
       (d) Termination of Minting Authority.--No coins may be 
     minted under this Act after December 31, 2000.

     SEC. 6. SURCHARGES.

       (a) In General.--All sales of coins minted under this Act 
     shall include a surcharge of $10 per coin.
       (b) Distribution.--All surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be 
     promptly paid by the Secretary to the Leifur Eirikson 
     Foundation for the purpose of funding student exchanges 
     between students of the United States and students of 
     Iceland.
       (c) Audits.--The Leifur Eirikson Foundation shall be 
     subject to the audit requirements of section 5134(f)(2) of 
     title 31, United States Code, with regard to the amounts 
     received by the Foundation under subsection (b).

     SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

       (a) In General.--Except as provided in subsection (b), no 
     provision of law governing procurement or public contracts 
     shall be applicable to the procurement of goods and services 
     necessary for carrying out the provisions of this Act.
       (b) Equal Employment Opportunity.--Subsection (a) shall not 
     relieve any person entering into a contract under the 
     authority of this Act from complying with any law relating to 
     equal employment opportunity.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Burns):
  S. 1711. A bill to amend the Internal Revenue Code of 1986 to provide 
for a deferral of tax on gain from the sale of telecommunications 
businesses in specific circumstances or a tax credit and other 
incentives to promote diversity of ownership in telecommunications 
businesses; to the Committee on Finance.


         the telecommunications ownership diversity act of 1999

  Mr. McCain. Mr. President, I rise today to introduce legislation that 
will make sure that new entrants and small businesses will have the 
chance to enter and grow in today's megacorporation-dominated 
telecommunications marketplace. Together with my good friend and 
colleague, Communications Subcommittee Chairman Conrad Burns, I am 
pleased to bring forward for the Senate's consideration The 
Telecommunications Ownership Diversity Act of 1999.
  Yesterday's Washington Post had it exactly right in reporting that, 
``the telecommunications world is being remade by technology, 
deregulation, and a relentless momentum toward greater and greater 
size.'' In the past week alone MCI/WorldComm and Sprint announced what 
could be the largest merger on record, the FCC approved a merger that 
will create the country's largest local telephone company, and it has 
pending before it many other major mergers, including those that would 
unite CBS with Viacom and Bell Atlantic with GTE.
  Although this industry restructuring is unprecedented, it is not 
unexpected. Digital technology enables formerly-separate voice, video 
and data services to be offered in combination with each other. This 
``convergence'' makes it possible for many more telecommunications 
companies to compete with each other. And so some telecommunications 
businesses sell parts of their companies in an effort to focus on 
specific markets, while others acquire new companies to expand into new 
markets.
  This has opened the door for large companies to improve their 
business prospects. But what about new entrants and small businesses? 
Unfortunately, for them the story has been quite different.
  Mr. President, no one needs to be told that any small business faces 
significant barriers in trying to enter the telecommunications 
industry. These barriers are even more formidable when the entrepreneur 
happens to be a woman or a member of a minority group, due to their 
historically more difficult job of obtaining needed financing. 
Therefore, in this current telecom industry mixer, small businesses, 
especially those owned by minorities or women, are often left without 
partners, watching as bigger, more established companies, get to dance.
  That's not right, but there is an answer. The answer isn't to forbid 
mergers out-of-hand, or to retain hopelessly outdated FCC ownership 
restrictions, or to pursue constitutionally or economically doomed set-
aside programs. The answer is to give established industry players 
economic incentives to deal with new entrants and small businesses that 
counterbalance the incentives they have to deal with larger companies.
  And that's what our bill does. The Telecommunications Ownership 
Diversity Act will promote entry into the telecommunications industry 
during this period of unprecedented restructuring by providing 
carefully-limited changes to the tax law. These changes to the tax law 
are an indispensable component of the solution. Under current law, 
smaller companies typically must purchase properties for cash, and cash 
transactions are fully taxable to the seller. So naturally sellers of 
telecommunications businesses prefer to sell for stock, which is tax-
deferred, and which large companies have to offer.
  The act will level the playing field for new entrants and small 
businesses by giving telecommunications business sellers a tax deferral 
when the property is bought for cash by a small business telecom 
company. The act will also encourage the entry of new players and the 
growth of existing small businesses by enabling the seller of a telecom 
business to claim the tax deferral or gain if it invests the proceeds 
of any sale of its business in purchasing an interest in an eligible 
small business.
  In recognition of the convergence of telecommunications services and 
the growing importance of wireless and Internet-based services as an 
essential component of the telecommunications market, the 
telecommunications businesses eligible for this capital gains tax 
deferral are broadly defined to include not only broadcast and cable 
TV-type businesses, but also wireline and wireless telephone service 
providers and resellers, Internet service providers, information 
technology hardware and software companies, and video service 
providers.

[[Page S12321]]

  The Secretary of the Treasury is directed to establish the 
eligibility criteria for small businesses and individuals to qualify, 
based on the characteristics of the different types of 
telecommunications businesses and on actual data from recent 
marketplace transactions. In setting these limits the Secretary is 
empowered to establish different qualifications for different classes 
of eligible purchasers, such as minorities and women, to the extent 
consistent with law. To eliminate the potential for abuse, the act 
would require the eligible purchaser to hold any property acquired for 
three years, during which time it could only be sold to an unrelated 
eligible purchaser. The General Accounting Office is required to 
thoroughly audit and report on the administration and effect of the act 
every two years.
  Mr. President, I could say that, by utilizing tax deferral options in 
this way, we are sharing with smaller companies a portion of the 
investment benefits our tax laws give to major telecom companies. That 
would be accurate, but the real need for this act is much more 
fundamental and much simpler than that. Hallmark developments in 
the telecommunications industry have been made by gifted individuals 
with small companies and unlimited vision. In this sense the 
telecommunications industry is a true microcosm of the American free-
market system, in which the benefits produced by its entrepreneurs 
generate benefits that extend to all of us. It is therefore critically 
important that new entrants and small businesses have a chance to 
participate across the broad spectrum of industries that will make up 
the telecommunications industry in the Information Age. The act will 
help them do that, and Senator Burns and I are proud to sponsor it and 
to work for its enactment.

                                 ______
                                 
      By Mr. ABRAHAM (for himself and Mr. Kennedy):
  S. 1713. A bill to amend the Immigration and Nationality Act to 
extend for an additional 2 years the period for admission of an alien 
as a nonimmigrant under section 101(a)(15)(S) of such Act, and to 
authorize appropriations for the refugee assistance program under 
chapter 2 of title IV of the Immigration and Nationality Act; to the 
Committee on the Judiciary.


            s visa and refugee assistance authorization act

  Mr. ABRAHAM. I rise to introduce a bill, the ``S Visa and Refugee 
Assistance Authorization Act,'' to extend the authorization for two 
provisions of the Immigration and Nationality Act. The bill is 
cosponsored by Senator Kennedy and is supported by the administration 
and the House immigration subcommittee. The legislation simply would 
extend for an additional two years the authorization of ``S'' temporary 
visas, which are used to allow individuals to stay in the United States 
to assist in criminal investigations. A sense of the Congress on the 
need to use these visas in more alien smuggling cases is also included. 
The bill also would extend for three years the authorization of refugee 
assistance. Such assistance is provided to localities and community-
based organizations to help refugees upon their arrival in the United 
States. My hope is that these noncontroversial provisions can be passed 
expeditiously. I ask unanimous consent that the text of the legislation 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1713

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``S Visa and Refugee 
     Assistance Authorization Act''.

     SEC. 2. SENSE OF CONGRESS.

       In light of the increasing problem of alien smuggling into 
     the United States, it is the sense of the Congress that the 
     Attorney General should use the provision of nonimmigrant 
     status under section 101(a)(15)(S) of the Immigration and 
     Nationality Act in a greater number of alien smuggling 
     investigations per year than has been done in the past.

     SEC. 3. EXTENSION OF AUTHORIZATION FOR ADMISSION OF ``S'' 
                   VISA NONIMMIGRANTS.

       Section 214(k)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(k)(2)) is amended by striking ``5'' and inserting 
     ``7''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE 
                   ASSISTANCE.

       Section 414(a) of the Immigration and Nationality Act (8 
     U.S.C. 1524(a)) is amended by striking ``1998 and 1999'' and 
     inserting ``2000 through 2002''.
                                 ______
                                 
      By Mr. WARNER:
  S. 1714. A bill to amend the Internal Revenue Code of 1986 to allow 
penalty free distribution from qualified retirement plans of 
individuals residing in presidentially declared disaster areas; to the 
Committee on Finance.


             retirement penalty relief for disaster victims

  Mr. WARNER. Mr. President, I introduce a bill to amend the Internal 
Revenue Code of 1986 to allow penalty-free distributions from qualified 
retirement programs of individuals residing in Presidentially declared 
disaster areas.
  I and so many of my colleagues have been visiting our States and 
working with our Governors and State legislators, city councilpersons 
and mayors particularly with regard to the devastation of floods we 
have seen as a consequence of the most recent hurricane.
  I looked into the faces of these suffering people. And one of them--
this was not my idea--one of them came to me with the simplest type of 
request. I thought it merited the attention of the Senate. I put it 
into this bill that I now introduce in the Senate.
  Despite an individual's or family's best efforts to plan for the 
future, sometimes the unexpected strikes--hurricanes and natural 
disasters. When that happens, people need all the tools available to 
rebuild their lives, the lives of their families, and to become an 
integral part of those communities.
  One community, Franklin, VA, which is in the central part of the 
State, in the old rural part of the State, dependent largely on 
agriculture, which has flat land--I say to my distinguished colleague, 
Senator Helms, how badly his State was hit by the same storm--had 18 
inches of rain in less than 2 hours. There is no large riverbed there 
or drainage ditches. And as a result, the water rose in this town up to 
the second level of the stores and the houses. It went into a railyard 
and toppled enormous freight cars, particularly tank cars with 
petroleum. And suddenly this whole community was awash in foul water of 
8 to 10 to 12 feet some places in height. There was no place for the 
water to run off, except gradually over this flat territory.
  These people need to rebuild their lives and their homes. Families 
are faced with repairing and replacing damaged property and lost 
property. Many are forced to draw on savings, including their 
retirement accounts, to meet expenses. However, if they choose to tap 
upon their retirement plans or accounts, they are saddled with a 10-
percent additional Federal tax for early distribution. That was put in 
the law for good reason--to deter people from going into these plans 
where they had some tax benefits. But let's stop to think: That may be 
the only recourse to financial salvation in the wake of an act of God 
Almighty.

  They need help. Taxpayers coping with these disasters should not have 
to face the burden of a Federal tax penalty. This bill is very simple. 
It waives the 10 percent additional tax levied on early distributions 
from qualified retirement plans or retirement accounts for residents of 
federally declared disaster areas--that means the President of the 
United States has declared that county a disaster area--designated 
after July 31, 1999.
  It is my intention that these distributions will be used for the 
repair or replacement of property destroyed or damaged by an unforeseen 
natural disaster or for emergency expenses arising from such a tragic 
event.
  The taxpayer must be a resident of an area declared eligible. I point 
that out: a resident of an area eligible by the President for Federal 
disaster assistance, and the distribution must be taken within 1 year 
of the disaster declaration.
  The current Tax Code waives the 10-percent penalty for distribution 
for certain medical expenses, health insurance premiums for the 
unemployed, higher education expenses, and the purchase of a first 
home. In my view, eliminating this additional tax for individuals and 
families suffering from the effects of unforeseen natural disasters 
makes plain common sense.
  How grateful all of us are for our constituents coming to the great 
city of Washington, DC, and supplying us with

[[Page S12322]]

ideas which probably are before us every day but somehow we overlook 
them.
  Tropical Storm Dennis and Hurricane Floyd have had a devastating 
effect on my State. People in Southside and Tidewater, VA, are 
attempting to rebuild their lives and to recover some of what they 
lost. We should remove any disincentive, any roadblock that may hinder 
rebuilding and recovery.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 1715. A bill to provide for an interim census of Americans 
residing aboard, and to require that such individuals be included in 
the 2010 decennial census; to the Committee on Governmental Affairs.


                     census of americans abroad act

  Mr. ROCKEFELLER. Mr. President, millions of Americans live and work 
abroad. While living abroad, they continue to pay taxes and vote. They 
are Americans, and they want and deserve to be counted in the decennial 
Census. In order to achieve this important goal, we must plan and 
prepare.
  The legislation introduced today directs the Secretary of Commerce to 
use existing authority to conduct a special census of Americans abroad 
in 2003 to determine how to include this population in the next 
decennial Census in 2010. While we wish that Americans abroad could be 
part of the 2000 Census, there unfortunately not the time or 
opportunity to do so. But it is vital that we act now to ensure that 
plans are in place for the future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1715

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Census of Americans Abroad 
     Act''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) an estimated 3,000,000 to 6,000,000 Americans live and 
     work overseas while continuing to vote and pay taxes in the 
     United States;
       (2) Americans residing abroad help increase exports of 
     American goods because they traditionally buy American, sell 
     American, and create business opportunities for American 
     companies and workers, thereby strengthening the United 
     States economy, creating jobs in the United States, and 
     extending United States influence around the globe;
       (3) Americans residing abroad play a key role in advancing 
     this Nation's interests by serving as economic, political, 
     and cultural ``ambassadors'' of the United States; and
       (4) the major business, civic, and community organizations 
     representing Americans and companies of the United States 
     abroad support the counting of all Americans residing abroad 
     by the Bureau of the Census, and are prepared to assist the 
     Bureau of the Census in this task.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Bureau of the Census should undertake a census of 
     all Americans residing abroad in a special census, and that 
     the necessary funding should be appropriated for this 
     purpose;
       (2) the Bureau of the Census should, after completing that 
     special census, review the means by which Americans residing 
     abroad may be included in the 2010 decennial census; and
       (3) the Bureau of the Census should take appropriate 
     measures to provide for the inclusion of Americans residing 
     abroad in the 2010 decennial census and decennial censuses 
     thereafter.

     SEC. 3. COUNTING OF AMERICANS RESIDING ABROAD.

       (a) In General.--The Secretary of Commerce shall--
       (1) using any authorities available to the Secretary under 
     section 182 or any other provision of title 13, United States 
     Code, take a special census of all Americans residing abroad 
     as of April 1, 2003 (in this Act referred to as the ``special 
     census'');
       (2) submit the final tabulations under the special census 
     to the President and Congress within 9 months after the date 
     specified in paragraph (1), broken down into all appropriate 
     categories, including--
       (A) Americans residing abroad affiliated with the Federal 
     Government, and their dependents; and
       (B) Americans residing abroad not affiliated with the 
     Federal Government, and their dependents;
       (3) not later than June 30, 2005, submit to the President 
     and Congress a report containing any recommendations the 
     Secretary may have with respect to the inclusion of Americans 
     residing abroad in future decennial censuses, including--
       (A) counting methodologies;
       (B) the purposes for which any information could or should 
     be used; and
       (C) whether Americans residing abroad can be included in 
     the 2010 decennial census for purposes of the apportionment 
     of Representatives in Congress among the several States and, 
     if so, how that should be done; and
       (4) take appropriate measures--
       (A) to provide for the inclusion of Americans residing 
     abroad in the 2010 decennial census and decennial censuses 
     thereafter; and
       (B) to make use of the information obtained from such 
     censuses for such purposes as, and to the maximum extent 
     that, the Secretary considers feasible and appropriate.
       (b) Interim Report on Special Census.--Not later than June 
     30, 2002, the Secretary of Commerce shall submit to the 
     committees of Congress having legislative jurisdiction over 
     the census a report which shall include--
       (1) a summary of how the plans and preparations for 
     carrying out the special census are proceeding;
       (2) a brief description or outline of how the tabulations 
     in the special census are to be carried out; and
       (3) information identifying any experts, consultants, 
     interest groups, or other persons outside the Bureau of the 
     Census who were consulted in connection with the special 
     census.
       (c) Confidentiality of Information; Penalties.--The 
     provisions of section 9 and chapter 7 of title 13, United 
     States Code, shall apply with respect to the special census.
       (d) Limited Use of Data.--The data obtained from the 
     special census may not be used for any purpose not 
     specifically provided for under this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this Act.

                          ____________________