[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[Senate]
[Pages 19366-19369]
[From the U.S. Government Publishing Office, www.gpo.gov]



         THE NATIONAL DOMESTIC VIOLENCE HOTLINE ENHANCEMENT ACT

  Mr. WELLSTONE. Mr. President, this is the issue of violence in homes. 
About every 13 seconds a woman is battered. A home should be a safe 
place. This is about anywhere from 5 to 10 million children witnessing 
this violence--not on TV, not in the movies, but in their living rooms, 
and the effect it has on these children.
  Today, I introduce a bill I would like to be able to have on the 
floor of the Senate for a vote. If I don't get it done over the next 
week or two, I am positive that there will be broad, bipartisan support 
for this legislation. This is called the National Domestic Violence 
Hotline Enhancement Act. I will send the bill to the desk on behalf of 
myself, Senators Johnson, Bayh, and Kennedy. On the House side, 
Representative Connie Morella, who has done such great work in this 
area, is introducing the same piece of legislation today. I send this 
bill to the desk.
  Darlene Lussier, from Red Lake Band, a Chippewa Indian reservation in 
Minnesota, called this bill the ``talking circle for all shelters.'' I 
would like to name it the ``Talking Circle For All Shelters.''
  This is modeled after the Day One project in Minnesota. This 
legislation creates a web site that would allow the National Domestic 
Violence Hotline operators at shelters all around the country--and 
there are 2,000 shelters; this is a map of all the shelters in the 
United States of America. It would enable, through this web site, 
shelters one telephone call from a woman in need of help to the 
hotline, or to any shelter, because we would have everybody hooked up 
electronically under very safe and secure conditions. It would simply 
take one call for a woman to be able to know where she and her children 
could go to get away from this violence, where they could go to make 
sure that she would not lose her life, or that things would not get 
more violent at home.
  This is extremely important because what happens quite often is a 
woman will finally get the courage and she knows she must leave. She 
knows it is a dangerous, desperate situation. But when she calls a 
shelter, they may be completely filled up and not have anywhere for her 
to go and then she doesn't know where to go. Then she is forced to stay 
in that dangerous home. Then she is battered again and her

[[Page 19367]]

children witness this, and quite often the children are battered as 
well. Remember, every 13 seconds a woman is battered in her home. A 
home should be a safe place.
  This piece of legislation is critically important. Right now, 
according to the National Network to End Domestic Violence, only 43 
percent of the shelters in the United States have Internet access. We 
have to do better. In my State of Minnesota, last year 28 women were 
murdered. This was ``domestic violence.'' This year--and the year is 
barely half over--already 33 women in Minnesota have been murdered 
because of domestic violence. Three women were murdered within 8 days 
in northern Minnesota earlier this month. A woman, again, is battered 
every 13 seconds, and 3 million to 5 million to 10 million children 
witness this. Over 70 percent of these children themselves are abused.
  I don't want to hear one more story about a woman being murdered by 
her husband or boyfriend. I don't want to hear one more story about a 
woman being beaten, or her child fighting in school because he saw the 
violence in his home. We have to end this. I don't want to hear one 
more statistic about a quarter of homeless people on any given night 
are victims of domestic violence--women and children with nowhere to 
go. This ``Talking Circle For All Shelters'' would enable a woman to 
get on this national hotline, or call the shelter, and everybody would 
be linked up through a web site electrically, and she would be able to 
know right away where she could go to be safe, so that her children 
would be safe.
  This is modeled after Minnesota's Day One web site. This links every 
shelter in Minnesota. Day One reports that 99 percent of women and 
children who call, because of this system, are assured services and 
shelter that meets their unique needs. I want to take this Minnesota 
model--this Day One web site model--and make sure this becomes 
available for all women and all children throughout the United States 
of America.
  David Strand, who is chief operating officer of Allina Health System 
in Minnesota, and who has led the way, along with United Way, in 
providing the funding for this, talks about how important this is for 
healing and how important it is to return to healthy communities.
  Day One is all about healing. Day One is all about giving women who 
have been battered and abused and their children a chance to heal. Day 
One in Minnesota--and I want it to be Day One in the United States of 
America--is about making sure when she needs to make the call, she can 
do it and find out where she and her children can go. This is the 
``Talking Circle For All Shelters'' in America.
  Over the past 5 years, the National Domestic Violence Hotline has 
received over 500,000 calls from women and children in danger from 
abuse. If we can take this Day One model in Minnesota, the web site 
that we have, and we can now make this a national program, we can make 
sure that these women and these children will get the help they need. 
We can make sure these women, when they make the call, will know where 
they can go, as opposed to making a call, and the shelter they call 
doesn't have any room and they don't know where to go, and then they 
stay and are battered again and, for all I know, they are murdered.
  We can take this new technology and link up all of these shelters 
electronically. We can make this a part of the national domestic 
violence hotline, and we can make a real difference.
  I want to introduce this today. I am absolutely sure we can pass this 
legislation. I know we can do this. I know it is the right thing to do. 
I know there will be strong support from Democrats and Republicans as 
well.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Akaka):
  S. 3111. A bill to amend the Internal Revenue Code of 1986 to provide 
an extension of time for the payment of estate tax to more estates with 
closely held businesses; to the Committee on Finance.


 to provide an extension of time for the payment of the estate tax to 
               more estates with closely held businesses

  Mr. INOUYE. Mr. President, the estate tax imposes a true hardship on 
family-owned businesses. When a person dies, the estate tax must be 
paid within 9 months. Current law permits only a small number of 
business owners to pay the estate tax in installments. The tax for most 
closely held businesses, however, must be paid shortly after the 
owners' death. Often, business assets and even the business itself must 
be sold to raise the cash to pay the tax. Closely held businesses, 
however, cannot be sold for their true value within so short a time. To 
avoid such fire sales, elderly owners will often sell their businesses 
while still living to get a fair price.
  Congress, as a matter of policy, should encourage the formation of 
family businesses and also support their continuation. The estate tax 
measures that the Senate recently voted on do not fully or immediately 
respond to the problems of closely held, family-owned businesses. Due 
to revenue constraints, repeal of the estate tax must be slowly phased 
in. During that phase-in period, whether the tax rate is 45 percent, 35 
percent, 25 percent, or 15 percent, many business owners will still 
need to liquidate their businesses to pay the tax.
  The alternative proposal to raise the deduction for qualified family-
owned business interests to $2 million fails to answer the basic 
liquidity problem. These families have all their assets tied up in 
their businesses. They do not have the cash to pay the estate tax right 
away. Moreover, the strict eligibility rules and caps restrict the 
number of family businesses that can qualify for the QFOBI deduction. 
The 10-year recapture rule, which is also part of the alternative 
proposal, also hampers the businesses that do qualify.
  The bill that I and Senator Akaka introduce today would make all 
closely held businesses eligible for temporary deferral and installment 
payment of the estate tax. My measure simply raises the number of 
permissible owners for qualifying closely held businesses from 15 to 
75, thereby expanding eligibility for the 4-year deferral and 10-year 
installment payment of the estate tax.
  In the subchapter S Act of 1958, the Senate established special 
income tax rules for closely held businesses. The Senate in the same 
legislation also decided to collect the estate tax on closely held 
businesses over an extended payment period. By being allowed to pay the 
estate tax on the family businesses over 10 annual installments after 
an initial 4-year deferral, the surviving family members can continue 
to operate these businesses and use future earnings to pay the estate 
tax.
  In 1996, Congress amended subchapter S to allow a small business 
corporation to have up to 75 owners; this was intended to encourage 
closely held businesses to give key workers a share in ownership. But 
the eligibility rules were not changed for estate tax payment. By 
sharing ownership with workers as encouraged under the 1996 amendments 
to subchapter S, the owners of closely held businesses lose their 
estate tax relief. Although these businesses still qualify under 
subchapter S, they are often no longer eligible for temporary deferral 
and extended installment payment of the estate tax.
  The Treasury Department suggests that the qualification rules for 
subchapter S and for estate tax relief should be made consistent once 
again. During the debate on estate tax relief, Senator Roth and Senator 
Moynihan acknowledged this problem and pledged to correct it. 
Accordingly, I urge my colleagues to support this measure.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3111

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

     SECTION 1. INCREASE IN NUMBER OF ALLOWABLE PARTNERS AND 
                   SHAREHOLDERS IN CLOSELY HELD BUSINESSES.

       (a) In General.--Paragraphs (1)(B)(ii), (1)(C)(ii), and 
     (9)(B)(iii)(I) of section 6166(b) of the Internal Revenue 
     Code of 1986 (relating

[[Page 19368]]

     to definitions and special rules) are each amended by 
     striking ``15'' and inserting ``75''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. BAUCUS (for himself and Mr. Daschle)
  S. 3114. A bill to provide loans for the improvement of 
telecommunications services of Indian reservations; to the Committee on 
Indian Affairs.


 Native American Telecommunications Improvement and Value Enhancement 
                                  Act

  Mr. BAUCUS. Mr. President, I rise today to introduce the Native 
American Telecommunications Improvement and Value Enhancement Act, the 
NATIVE Act. This bill provides a low interest loan program to build 
telecommunications infrastructure for federally-recognized Indian 
tribes.
  This legislation is timely. This week the Federal Communications 
Commission is hosting an Indian Telecom Training Initiative in St. Paul 
Minnesota to provide training to tribes on all phases of providing 
telecommunications services to their members. Why is this so important?
  At a time when 94 percent of Americans enjoy basic telephone service 
and the benefits derived thereof, only 47 percent of Native Americans 
on reservations have service. This is even below the rate of the rural 
homes, 91 percent.
  Indian and Alaska Native people live in some of the most 
geographically remote areas of the country. Most Alaska Native villages 
are reachable year-round by air only, have limited access by water, and 
have no road connections. On the mainland, many Indian reservations are 
located west of the Mississippi, where the wide-open spaces often mean 
that the nearest town, city, or hospital is several hours away by car.
  Those that do not have a telephone do not have access to some of the 
basic services that we take for granted each and every day.
  Some cannot obtain access to medical care in an emergency. Others 
cannot reach prospective employers quickly and easily. Many cannot take 
advantage of the commercial, educational, and medical care 
opportunities the Internet offers.
  Let me give you a couple of examples:
  Raymond Gachupin, governor of Jemez Pueblo in New Mexico, said he 
once was unable to call for emergency help for a young man who had been 
shot because no phone was available.
  William Kennard at an FCC Field Hearing in 1999 revealed a case on 
the Navaho reservation in Arizona, where 1,500 school children have 
computers, but can't hook up to the Internet because the Information 
Superhighway seems to have passed them by.
  And then there is just the basic inconvenience of not having a 
readily available means of communication:
  The community of Bylas in Arizona, which has approximately 2,000 
residents, had only one payphone. People would line up at 6 o'clock in 
the morning to use the phone. They would stand in line sometimes until 
12 o'clock midnight to use the phone. The only other way to talk to 
people was if you saw them in town and then any news may be days old.
  I know these stories are from the Southwestern United States but in 
my home state of Montana many of the reservations lack phone service, 
over 60 percent of the homes on the Northern Cheyenne Reservation, 55 
percent on the Crow Reservation.
  The Federal Communications Commission is stepping up to the plate to 
help solve this problem by reducing the cost of basic telephone service 
for individuals on reservations through the Lifeline and Linkup 
programs. The lifeline program could reduce the monthly cost of phone 
service to one dollar, all eligible customers would see bills below 
$10. The Linkup program helps offset the cost of the initiating service 
by as much as $100.
  As stated earlier, this week in St. Paul Minnesota, the FCC is 
conducting a training seminar for tribal telecommunications.
  I commend the FCC for their efforts and want to assist where I can. 
That is why I am introducing this valuable legislation.
  The infrastructure costs for providing telecommunications services 
can be very high especially in remote areas where customers can be more 
than one mile apart. This legislation will help to keep those costs 
down by lowering the cost of borrowing.
  The NATIVE Act provides a $1 billion revolving loan fund with a 
graduated interest rate pegged to the per capita income of the 
population receiving service. The interest rates range from 2 percent 
for the poorest tribes up to 5 percent.
  The plans submitted for loan approval will be subject to the 
requirements of current Rural Utilities Service borrowers including 
service capable of transmitting data at a minimum rate of one Megabit 
per second. This will ensure the system in place will connect Native 
Americans to the Internet thereby opening up economic opportunities 
that wouldn't otherwise exist.
  The program is not intended to displace existing telecommunications 
carriers who are providing service to Native Americans. In fact, the 
bill is specific in that loan funds can only be used to provide service 
to unserved and underserved areas, where existing service is deemed 
inadequate due to either cost or quality.
  Additionally the Act establishes a matching grant program for 
conducting feasibility studies to determine the best alternative for 
providing service.
  The program will be administered by the Rural Utilities Service, an 
agency with over 50 years experience in lending for rural 
telecommunications infrastructure throughout the country.
  The RUS telecommunications program has provided financing for 866,000 
miles of line approximately one-tenth of which is fiber optic, serving 
5.5 million customers, including Native Americans. The RUS distance 
learning/telemedicine program has funded 306 projects for rural schools 
and medical centers in 44 states since its inception in 1993 bringing 
improved services for education and health care centers in rural 
communities. All without incurring any loan losses.
  I have the utmost confidence that the Rural Utilities Service will 
successfully administer this program.
  To wrap up, Mr. President, I know that we cannot reach everyone. 
There are some who simply do not want service in order to preserve 
their traditional way of living and others who feel owning a telephone 
is not a priority within the household budget; however, we should 
strive to try to ensure telecommunications service to those who want 
and need to have a telephone.
                                 ______
                                 
      Mr. SARBANES (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
        Robb):
  S. 3115. A bill to extend the term of the Chesapeake and Ohio Canal 
National Historic Park Commission; to the Committee on Energy and 
Natural Resources.


  to reauthorize the chesapeake and ohio canal national historic park 
                               commission

  Mr. SARBANES. Mr. President, today I am introducing legislation to 
reauthorize the Chesapeake and Ohio Canal National Historical Park 
Commission. The current authority for the Commission expires in January 
of 2001, and this bill would extend that authority for another 10 
years. Joining me in introducing this legislation are Senators 
Mikulski, Warner and Robb.
  Mr. President, the C&O Canal National Historical Park is one of the 
most unique in this Nation and one of the most heavily visited. It 
begins in this great city, the Nation's Capital and extends 184 miles 
to its original terminus in Cumberland, Maryland. As you can imagine, 
the development of plans for the preservation and use of this park is a 
major undertaking. It is no easy task to protect and preserve a park 
which averages 100 yards in width but is 184 miles long.
  The work of the Commission is not finished. The Commission is 
composed of representatives of the State of Maryland, the Commonwealth 
of Virginia, the State of West Virginia, the District of Columbia, the 
counties in Maryland through which the park runs, and members at large. 
The passage of this bill will permit the Commission to complete the 
rational process begun so

[[Page 19369]]

many years ago to ensure that this unique part of America's natural and 
historical heritage is properly preserved.
  I encourage those who are interested in the C&O Canal to join in 
sponsoring this legislation, and it is my hope that it can be enacted 
in this Congress.

                          ____________________