E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, MAY 21, 1996 No. 72 House of Representatives

The House met at 12:30 p.m. and was entries into the United States, and for which President Clinton spoke and called to order by the Speaker pro tem- other purposes,’’ requests a conference highlighted the importance of the pore [Mr. COX of California]. with the House on the disagreeing Asian continent as well as the Pacific f votes of the two Houses thereon, and communities. In so doing he empha- appoints Mr. HATCH, Mr. SIMPSON, Mr. sized the importance of active partici- DESIGNATION OF SPEAKER PRO GRASSLEY, Mr. KYL, Mr. SPECTER, Mr. pation of Asian Pacific-Americans in TEMPORE THURMOND, Mr. KENNEDY, Mr. LEAHY, the United States and in all of their The SPEAKER pro tempore laid be- Mr. SIMON, Mr. KOHL, and Mrs. FEIN- various activities, professionally, aca- fore the House the following commu- STEIN to be the conferees on the part of demically, in business and commerce, nication from the Speaker: the Senate. in international trade, and, in particu- WASHINGTON DC, f lar, in the Federal agencies and in the May 21, 1996. Federal Government and here in the I hereby designate the Honorable CHRIS- MORNING BUSINESS Congress in both the House and the TOPHER COX to act as Speaker pro tempore Senate. on this day. The SPEAKER pro tempore. Pursu- NEWT GINGRICH, ant to the order of the House of May 12, The March 1994 population of Asian Speaker of the House of Representatives. 1995, the Chair will now recognize Pacific-Americans is estimated at f Members from lists submitted by the nearly 9 million, and we account for majority and minority leaders for about 3 percent of America’s popu- MESSAGE FROM THE SENATE morning hour debates. The Chair will lation. It is a growing number, prob- A message from the Senate by Mr. alternate recognition between the par- ably the fastest growing ethnic group Lundregan, one of its clerks, an- ties, with each party limited to not to in the country. nounced that the Senate had passed exceed 30 minutes, and each Member So we take great delight in recogniz- with an amendment in which the con- except the majority and minority lead- ing the achievements of our constitu- currence of the House is requested, a er limited to not to exceed 5 minutes. encies throughout the United States, bill of the House of the following title: f their academic excellence and achieve- H.R. 3103. An act to amend the Internal ments spread over a wide variety of Revenue Code of 1986 to improve portability ASIAN AND PACIFIC AMERICAN subject areas, most notably in math and continuity of health insurance coverage HERITAGE MONTH and science, where Asian and Pacific- in the group and individual markets, to com- The SPEAKER pro tempore. Under Americans excel with great promi- bat waste, fraud, and abuse in health insur- nence. ance and health care delivery, to promote the Speaker’s announced policy of May the use of medical savings accounts, to im- 12, 1995, the gentlewoman from Hawaii The history of Asian and Pacific prove access to long-term care services and [Mrs. MINK] is recognized during morn- Members of Congress is noteworthy. coverage, to simplify the administration of ing business for 5 minutes. There have been 17 Asian Pacific- health insurance, and for other purposes. Mrs. MINK of Hawaii. Mr. Speaker, I Americans elected to Congress fom 1903 The message also announced that take this opportunity this morning to to the present time. They included Chi- pursuant to the order of May 13, 1996, acknowledge a celebration that has nese, Chamorro, Asian Indian, Japa- the Senate insists upon its amendment been ongoing throughout the month of nese, Korean, native Hawaiian, and Sa- to the bill (H.R. 2202) ‘‘An act to amend May, which is the month in which we moan. the Immigration and Nationality Act celebrate Asian and Pacific American The first Asian Pacific Member of to improve deterrence of illegal immi- Heritage Month. This is a part of the Congress came from Hawaii. We was a gration to the United States by in- permanent law which former Congress- native Hawaiian, Prince Jonah Kuhio creasing border patrol and investiga- man Frank Horton was successful ear- Kalanianaole, who represented the ter- tive personnel, by increasing penalties lier in establishing recognition for a ritory of Hawaii as a nonvoting dele- for alien smuggling and for document week each year. On his last year of gate from 1903 to 1922. He was respon- fraud, by reforming exclusion and de- service he was successful in having the sible for the enactment of our Hawai- portation law and procedures, by im- whole month designated as Asian and ian Homestead Act, which is a basic proving the verification system for eli- Pacific American Heritage Month. land tenure program which has made it gibility for employment, and through Just this past week we had the oppor- possible for many native Hawaiians to other measures, to reform the legal im- tunity of celebrating the Asian and Pa- acquire land to build their homes and migration system and facilitate legal cific American Institute banquet, at raise their families.

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.

H5301 H5302 CONGRESSIONAL RECORD — HOUSE May 21, 1996 The first voting Asian and Pacific- CONGRESSIONAL ASIAN PACIFIC CAUCUS 12, 1995, the gentleman from Florida American Member of Congress was The Congressional Asian Pacific Caucus [Mr. CANADY] is recognized during Dalip Singh Saund of California, an im- was formed on May 16, 1994 to establish an morning business for 5 minutes. migrant from India who served in the organized effort within the Congress to advo- Mr. CANADY of Florida. Mr. Speak- House from 1957 to 1963. cate for the needs of Asian Pacific Ameri- er, yesterday was a sad day in our Na- cans. The first Asian Pacific-American tion’s history. In one fell swoop, the Senator was Senator Hiram Leong Congressional Asian Pacific American Caucus U.S. Supreme Court managed to seri- Executive Committee: Fong from Hawaii, who served from ously undermine our tradition of demo- Neil Abercrombie (HI–1)—66.5%. 1959 to 1976. cratic self-governance, and, at the Currently we have nine sitting Mem- Patsy T. Mink (HI–2)—57.0%. Nancy Pelosi (CA–8)—27.8%. same time, to deliver a harsh slap-in- bers of both the House and the Senate Robert Matsui (CA–5)—13.9%. the-face to all Americans who seek to that make up our congressional Asian Eni Faleomavaega (AS)—?. preserve traditional moral standards Pacific Caucus, which was formed on Robert Underwood (GU)—?. regarding homosexuality. I hope and May 16, 1994, to establish an effort in Sen. Daniel Inouye (HI)—55.6% (State of Hawaii). expect that American citizens share the Congress to cause other Members my sense of outrage at the Court’s ac- of Congress perhaps to be more sen- Sen. Daniel Akaka (HI)—55.6% (State of Hawaii). tion. sitive and aware of Asian and Pacific- Sen. Patty Murray (WA)—5.7% (State of I’m referring to the Court’s decision American issues within their own con- Washington). in the case of Romer versus Evans. The stituencies. New Member of Congressional Asian Pacific case involves an amendment to the The caucus idea came about from Caucus: Colorado State Constitution adopted in former Congressman Norm Mineta, and Tom Lantos (CA–12)—25.6%. 1992 by the citizens of that State. The he is to be congratulated for having Matthew Martinez (CA–31)—22.8%. amendment, known as amendment 2, put in the effort to organize this cau- Xavier Becerra (CA–30)—21.2%. would have prevented the State or any cus. Zoe Lofgren (CA–16)—21.1%. The Member of the House of Rep- Nydia Vela´ zquez (NY–12)—19.6%. of its political subdivisions from enact- resentatives who has the most Asian Pete Stark (CA–13)—19.4%. ing, adopting, or enforcing any law Ronald Dellums (CA–9)—15.6%. and Pacific Members is Congressman granting homosexuals protected status Bob Filner (CA–50)—14.8%. or other preferential treatment. NEIL ABERCROMBIE from the First Dis- Anna Eshoo (CA–14)—12.2%. trict in Hawaii, and his constituency is Lucille Roybal Allard (CA)—4.0%. Amendment 2 was adopted in response to the actions of several Colorado about 66.5 percent Asian Pacific. In my NOTABLE ASIAN PACIFIC AMERICANS cities that had adopted so-called gay own case, the second district, I have Asian Pacific Americans have made sig- about 57 percent Asian Pacific. The nificant contributions to the United States rights ordinances, which had added ho- gentlewoman from California [Ms. and the world in a variety of ways. In the mosexuals to the list of protected per- PELOSI] has the next highest at 27.8 arts, academia, business, sports, politics, sons under local antidiscrimination percent. Asians have reached the top of their field: laws. The other participant of our caucus I.M. Pei, the internationally renowned ar- By a 6-to-3 vote, the court yesterday chitect. who has been instrumental in leading ruled that amendment 2 violates the Samuel C.C. Ting who won the Nobel Prize equal protection clause of the U.S. the fight on all of the Asian Pacific is- in physics. sues throughout his entire tenure is Ellison Onizuka, one of the seven astro- Constitution. The Court held that the gentleman from California [Mr. nauts of the Challenger. amendment 2 ‘‘lacks a rational rela- MATSUI]. The other Members, the gen- Christie Yamaguchi, the young figure tionship to legitimate state interests, tleman from American Samoa, Mr. skating Olympic champion. and so could only be understood as an Vivienne Tam, fashion designer who built a FALEOMAVAEGA, the gentleman from expression of animosity toward homo- $10 million business. sexuals.’’ Guam, Mr. UNDERWOOD, Senator Amy Tan, Author. INOUYE, Senator AKAKA, and Senator Elaine Chao, head of the United Way. That might sound like stale legal MURRAY, all constitute the original Robert Nakasone, CEO of Toys R Us. doctrine, but don’t be deceived. What membership of our caucus. Recently we Brigadier General John L. Fugh, Former the Court did yesterday has profoundly added 10 additional Members. Judge Advocate General of the Army. troubling implications for our democ- Mr. Speaker, I submit the following Chang Lin Tien, Chancellor, University of racy and for our civilization. As Jus- California—Berkley. material for the RECORD: tice Antonin Scalia, writing for him- ASIAN PACIFIC MEMBERS OF CONGRESS REMARKS OF CONGRESSMAN NEIL ABERCROM- self, Chief Justice Rehnquist, and Jus- BIE IN CELEBRATION OF ASIAN PACIFIC Seventeen Asian Pacific Americans have tice Thomas, pointed out in his dis- AMERICAN HERITAGE MONTH, MAY 21, 1996 been elected to Congress from 1903 to the senting opinion, the Court has unleased Now, more than ever, the need to recognize present. Their ancestry has included Chi- nese, Chamorro, Asian Indian, Japanese, Ko- a new constitutional doctrine that has America’s rich and diverse cultures is crys- no rational limitation. tal clear. America is at a crossroads and a rean, Native Hawaiian, and Samoan. The First Asian Pacific Member of Con- We must be clear on one important few would rather forget that this is a nation gress was Prince Jonah Kuhio Kalanianole built by immigrants whose ancestral roots fact: Notwithstanding the majority’s (Native Hawaiian) who represented the Ter- trace back to every corner of the earth. portrayal of amendment 2 as an effort Asian Pacific American Heritage Month ritory of Hawaii as a non-voting delegate to make homosexuals ‘‘stranger[s] to gives us the opportunity to acknowledge one from 1903 to 1922. The first voting Asian Pa- [Colorado’s] laws,’’ the measure did no of the great communities of this country. cific American Member of Congress was such thing. All amendment 2 would Dalip Singh Saund (D–CA), an immigrant Across this nation, over 7.3 million Asian have accomplished is to prevent the and Pacific Islanders make America their from India who served in the House from 1957 to 1963. government from making homosexuals home. Asian and Pacific Islanders have made a protected class, or otherwise to make notable contributions in industry, education, The first Asian Pacific American Senator science and government. Along with other was Hiram Leong Fong (R–HI), who served homosexuality the basis for any pref- immigrant groups, Asian and Pacific Ameri- from 1959 to 1976. Senator Fong was also the erential treatment. Every Colorado law cans helped to strengthen the fabric of first American of Chinese ancestry elected to of general applicability applies fully to American society. the Congress. homosexuals. This case, no matter Congresswoman Patsy T. Mink was the Against the backdrop of America’s multi- what the majority held, was about cultural society, the push for ‘‘English- first Asian Pacific woman to serve in the House, serving from 1964 to 1976, and from whether or not homosexuals could be Only’’ and other anti-immigrant measures given special protections under the are indefensible and are an affront to the 1990 to present. heart of this nation. During Asian Pacific There have been only two Asian Pacific law. American Heritage Month and every month American women in the Congress—Patsy T. I quote from Justice Scalia’s dissent: of every year, let us not forget what we so Mink (D–HI) and Patricia Saiki (R–HI). The only denial of equal treatment [the often take for granted: America has been f majority] contends homosexuals have suf- made great by the collective contributions of ROMER VERSUS EVANS fered is this: They may not obtain pref- every group who has settled in this country. erential treatment without amending the The distinguished contributions of Asian Pa- The SPEAKER pro tempore. Under state constitution. That is to say, the prin- cific Americans are a superb example. the Speaker’s announced policy of May ciple underlying the Court’s opinion is that May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5303 one who is accorded equal treatment under formed its assigned constitutional role. At that point, Mr. Speaker, citizens the law, but cannot as readily as others ob- But yesterday’s decision, Mr. Speaker, in the designated counties will then be tain preferential treatment under the laws, does not deserve our praise; in striking able to call a toll-free number to re- has been denied equal protection of the laws. down amendment 2 and in labeling as ceive firsthand information and assist- It is tough to argue with Justice ‘‘bigots’’ adherents to traditional ance in working with the Federal Scalia’s conclusion that the Court’s moral values, the Court deserves our Emergency Management Agency, the constitutional jurisprudence ‘‘has disapproval. FEMA agency. achieved terminal silliness.’’ f At this point our staff, my staff, is Confessing itself unable to fathom a out in the field distributing leaflets rational, legitimate governmental pur- FLOODING IN WEST VIRGINIA telling people what to do until that dis- pose that might be served by amend- The SPEAKER pro tempore. Under aster assistance is received; telling ment 2, the Court concluded that the the Speaker’s announced policy of May them whom to contact in case of imme- amendment thus raised ‘‘the inevitable 12, 1995, the gentleman from West Vir- diate emergency, the local office of inference that the disadvantage im- ginia [Mr. WISE] is recognized during emergency service officers. posed is born of animosity’’ toward ho- morning business for 5 minutes. At the point the declaration of disas- mosexuals. The Court characterized it Mr. WISE. Mr. Speaker, I want to re- ter assistance is made from Washing- as ‘‘a bare desire to harm a politically port on the flooding in West Virginia ton, we will immediately race back out unpopular group.’’ over this weekend, and I particularly to the hardest-hit communities with This conclusion, which lies at the want to say, following 2 days of visit- leaflets and other information outlin- core of the Court’s opinion, is as puz- ing hard-hit communities, there are a ing the toll-free number that people zling as it is offensive. It’s puzzling be- lot of people to thank. Particularly can call. cause, just 10 years ago, the Supreme high up there is the West Virginia Na- I think that it is essential that peo- Court held that nothing in the Con- tional Guard, which once again re- ple understand that very shortly the stitution prevents States from enforc- sponded and provided the semblance of media, our office, the Governor’s office, ing laws criminalizing homosexual sod- order and peace and hope that many all other officials will be letting them omy. In Bowers versus Hardwick, the people needed to seize on to during know the toll-free number that they Court expressly held that government these troubled times. can call for assistance. can put citizens in prison for engaging Remember, Mr. Speaker, that this is So the first stop, Mr. Speaker, is in homosexual conduct. the second time in 4 months that many digging out, and that is what the Red Now, however, we learn that the of these communities have been hit by Cross is helping with. The Federal same Constitution forbids States from ravaging floods; the second time in 4 Emergency Management Agency is deciding that homosexuals should not months. doing disaster assistance estimates be granted protected or preferential Mr. Speaker, I started out Friday right now. The local office of emer- status under their laws. I defy anyone night in the Charleston office of emer- gency service officers is assisting. to explain how these two results can be gency services headquarters. We moved The second step, though, Mr. Speak- Saturday and Sunday to preparing. reconciled. er, after digging out and getting back In a truly amazing display of intel- Sunday I was with Governor Caperton on their feet is what a lot of citizens as we toured much of the flood-torn lectual dishonesty, the Court majority asked me yesterday in Elkins, ‘‘Bob area by helicopter and touching down didn’t even attempt such a reconcili- Wise, why is it for the second time in in a number of communities, and then ation, and indeed, it didn’t even men- 4 months we are having to deal with yesterday, Mr. Speaker, I traveled by this? When will the investments be tion the Bowers case. car over 400 miles across many of the So there are some serious legal flaws made to floodproof our areas to start counties in central West Virginia that to deal with the tributaries that are in the Court’s decision. But what truly had been hit by floods. rising and dig out the streams that are offends me—and, I would expect, a Let me report to you, Mr. Speaker, silted up, to contain the stream banks great many Americans—is the Court’s that once again for the second time in in those areas where riprapping has oc- conclusion that amendment 2 was mo- 4 months a lot of our communities are curred since the last flood?’’ tivated by ‘‘animosity’’ toward homo- digging out, and washing mud out of We were able to contain much of the sexuals. Again, I quote from Justice basements and homes, are having to flooding. But for the hundreds of thou- Scalia’s dissent: ‘‘To suggest,’’ he look at fences that were just replaced sands of dollars that it costs to writes, ‘‘that [Amendment 2] springs in many of our farm fields, now torn floodproof a stream or area, we would from nothing more than ‘a bare desire again or damaged again, are having to save millions of dollars not spent in to harm a politically unpopular group’ regroup and reorder their lives. This is having to dig people out and put them is nothing short of insulting.’’ actually the third time in 10 years for back in their homes. So when the budg- And so it is. For 2,000 years, our floods of this magnitude. ets are up for consideration, my hope is Judeo-Christian ethic has taught that I started, Mr. Speaker, in that my colleagues recognize what an homosexual conduct is wrong. Accord- Buckhannon and Ellamore and Maibe investment it is in stream bank chan- ingly, our laws have always embodied and Cassity and Randolph, Jerusalem, nelization and soil bank erosion con- some moral disapproval of homosexual- a large town meeting in Elkins, then to trol and building watershed and, in ity. Sometimes that disapproval takes Circleville and Big Run, Upshur and some cases, building dams, because the form of criminal sanction, as with Randolph and Pendleton Counties on what this does is to prevent millions of antisodomy laws. But often it is ex- that swing, as well as other counties dollars of damage later. pressed in much more subtle ways. the day before. In the case of West Virginia and Here, for example, the voters of Colo- In every one of the locations people other areas, what we have seen in just rado decided simply not to extend their are digging out, Mr. Speaker. 4 months is you can have two crippling antidiscrimination protections to ho- I am happy to report to you, Gov- floods. So, hopefully, assistance is once mosexuals as a discrete protected class. ernor Caperton is submitting to the again on the way. The disaster declara- The Supreme Court has now pro- White House an application for Federal tion should be coming within the next nounced that decision to be the result disaster assistance. This has moved day or so. Individuals, businesses and of rank bigotry, motivated only by ani- very quickly, through a combination of units of government should be able to mosity toward homosexuals. Such a the State office of emergency services apply for Federal funds to assist them crass dismissal of our moral and reli- officials, the Governor, working with in getting back on their feet. gious heritage should provoke outrage FEMA, which is the Federal Emer- This is a process that should not have on the part of the American people. gency Management Agency, and, hope- to be occurring every 4 months, and my I do not come to the floor lightly to fully, that application will be acted hope is that very soon this Congress criticize our Supreme Court. I have upon today, perhaps tomorrow, and and others will recognize the impor- deep respect for the institution of the again, hopefully, as early as tomorrow tance of investing in flood control so Supreme Court, and I have been quick afternoon or perhaps Thursday morn- that we do not have to go through this to praise the Court when it has per- ing the declaration will be made. process so repeatedly. H5304 CONGRESSIONAL RECORD — HOUSE May 21, 1996 I thank very much, Mr. Speaker, nized during morning business for 5 that tax revenues collected on income those who have made it possible to get minutes. earned in the Nation’s poorest jurisdic- back on our feet as quickly as we can, Mr. ROMERO-BARCELO´ . Mr. Speak- tion, Puerto Rico, be used to subsidize whether from Governor Capterton di- er, last week the House Ways and tax credits for small businesses in the recting immediate response, to the Means Committee favorably reported 50 States of the Union, the poorest of West Virginia National Guard, which the Small Business Job Protection Act which has more than doubled the per has just been a godsend to so many of of 1996. This act is designed to provide capita personal income of Puerto Rico. our communities over the last few businesses with new tax breaks and is Puerto Rico has more than twice the days, to the county office of emergency using the repeal of section 936 of the unemployment of any State and needs services personnel, and the countless Internal Revenue Code as the primary and deserves a new wage-based tax volunteers. Thank you very much. We revenue-raising offset for these tax credit to stimulate the creation of new all thank you in our communities. breaks. And yet, while substantially jobs. Puerto Rico needs increased par- f increasing the taxes on Puerto Rican ticipation in Medicaid. source income, the act provides no in- Please join with the President, the CONGRATULATIONS TO BRENDA crease in the Federal benefits provided Governor, and myself in supporting AND JIM TALENT to the U.S. citizens of Puerto Rico. these changes for the benefit of the The SPEAKER pro tempore. Under I fully agree that the income-based disenfranchised U.S. citizens of Puerto the Speaker’s announced policy of May tax credit provided in section 936 is to Rico. Do not allow the poorest jurisdic- 12, 1995, the gentleman from Arkansas a significant extent excessive cor- tion in the Nation to be used for subsi- [Mr. HUTCHINSON] is recognized during porate welfare. In fact, I was perhaps dizing the tax cuts for small businesses morning business for 5 minutes. the first voice to call for repealing the for the 50 States. That is indeed unfair. Mr. HUTCHINSON. Mr. Speaker, it is income-based tax credit and substitut- This is indeed unjust. my great pleasure to rise on behalf of ing it by a wage-based tax credit. Nu- Mr. Speaker, I formally submit that all of my colleagues of the U.S. House merous reasonable proposals have been sufficient thought has not been given of Representatives to congratulate my put forth which would eliminate the to this proposal. The tax cuts for the very good friend, Congressman JIM wasteful income-based credit while pre- small businesses, I repeat, very good, TALENT of Missouri, who last Thursday serving a narrower, well-targeted wage- we support them, but why does the was responsible for bringing another based credit. The wage-based credit is a poorest jurisdiction in the Nation have young Missourian into the world. cost effective way to make sure that to be the principal subsidy used for Jim and Brenda Talent are the proud tax breaks for Puerto Rican source in- supporting the tax cuts for all the parents of newborn Christine Lyons come do indeed produce jobs in Puerto States? Talent, who was born at 1:53 p.m., last Rico. f Thursday, and weighed in at 8 pounds While the 3,800,000 people of Puerto LACK OF NATIONAL DRUG POLICY and 7 ounces. Rico are U.S. citizens, we have, none- CAUSING CRISES IN U.S. WAR ON Young Christine is fortunate indeed theless, been partially or wholly ex- DRUGS to enter this world into a loving home cluded from participation in many im- The SPEAKER pro tempore. Under with very loving parents. portant Federal programs. According the Speaker’s announced policy of May Mr. Speaker, I yield to Mr. CANADY of to the Congressional Budget Office, if 12, 1995, the gentleman from Florida Florida. Puerto Rico were treated as a State, in [Mr. MICA] is recognized during morn- Mr. CANADY of Florida. Mr. Speak- Medicaid alone we would get more than ing business for 5 minutes. er, I appreciate the gentleman yielding $1 billion per year. And now, even Mr. MICA. Mr. Speaker, today the this time to me, and I want to join in though taxes on Puerto Rican source State of Florida and the Nation are expressing my congratulations to the income are to be drastically increased, really reeling over the effects of Presi- gentleman from Missouri, my good by $4.9 billion in 8 years, we are being dent Clinton’s lack of a national drug friend, JIM TALENT. provided no additional funds for Medic- policy, and even more so his lack of a I have always admired Representa- aid. Are the health and lives of the record on drug prosecution. The Clin- tive TALENT’S dedication to his family. 3,800,000 U.S. citizens in Puerto Rico ton record is a disaster followed by dis- He is a person among the Members here worth less than the health and lives of aster and deserves the attention of this who puts his family first, and this child our fellow citizens in the 50 States? Congress and the American people. is very fortunate to have a father such Fairness dictates that increased I serve on the subcommittee that as JIM TALENT and a mother such as taxes on Puerto Rican source income oversees our national drug policy and Brenda, who is a dedicated mother and be used for the benefit of the people of we have recently detailed this disaster the spouse of our colleague, and we are Puerto Rico. It is preposterous, indeed in this report. very grateful for their family, and I ap- outrageous, and unfair that tax reve- Several months ago a Clinton Fed- preciate what their friendship means to nues collected on income earned in the eral judge let cocaine dealers off the me. Nation’s poorest jurisdiction, Puerto hook when they ran away from their Mr. HUTCHINSON. Reclaiming my Rico, be used to subsidize tax-credits drug-laden car. Only after a national time, I appreciate the gentleman’s for small businesses in the 50 States of outrage that ensued did the Clinton ap- comments and agree entirely that JIM the Union, the poorest of which has pointee finally relent. Federal prosecu- TALENT has been one of the strongest more than double the per capital per- tion of drug cases, again detailed in advocates for the family in the U.S. sonal income of Puerto Rico. this report, have dropped 12 percent Congress. I know now, with the birth of Puerto Rico has more than twice the since President Clinton took office. Christine Lyons, that he will be an unemployment of any State and needs Drug use among teenagers, cocaine, even stronger proponent of the $500 per and deserves a new wage-based tax crack, heroin, and designer drugs child tax credit and a more fervent credit to stimulate creation of new among our youth, has grown to epi- than ever advocate for the family in jobs. Puerto Rico also needs increased demic proportions, again detailed in the U.S. Congress. participation in Medicaid. Please join this report all this occurring in the So, our best wishes to JIM and Bren- with the President, the Governor, and last 3 years. All this while President da. me in supporting these changes for the Clinton parades around the country f benefit of the disenfranchised U.S. citi- talking about Federal regulations on zens of Puerto Rico. teen smoking. WAGE-BASED TAX CREDIT NEEDED Mr. Speaker, we are not aliens, we Let me tell my colleagues what is TO STIMULATE JOB CREATION are not illegal residents, we are U.S. happening. Marijuana use among our IN PUERTO RICO citizens. Fairness dictates that in- teenagers has increased by 50 percent The SPEAKER pro tempore. Under creased taxes on Puerto Rican-source per year each year of the 3 years since the Speaker’s announced policy of May income be also used for the benefit of President Clinton has been elected. 12, 1995, the gentleman from Puerto the people of Puerto Rico. It is prepos- This is the legacy of his ‘‘just say Rico [Mr. ROMERO-BARCELO´ ] is recog- terous, indeed outrageous and unfair, maybe’’ policy. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5305 Joycelyn Elders, who the President Ms. PELOSI. Mr. Speaker, yesterday deficit I referred to before of $35 billion appointed, led our Nation as our Na- President Clinton announced that he does not include the billions of dollars tion’s top drug official, and now we was going to request a special waiver that the Chinese have pirated in our in- have seen the results from her tenure. from Congress to grant unconditional tellectual property. ‘‘What ye sew ye shall reap.’’ Teens most-favored-nation status to China. We are told regularly by economists now smoke marijuana that is up to 30 As Members know, Mr. Speaker, in the and we, in turn, tell our labor force to 40 times more potent than that Congress of the United States there is that while manufacturing jobs go off- marijuana of the 1960’s. concern about the United States-China shore, our intellectual property is our While President Clinton is out talk- relationship in regard to human rights, international comparative advantage. ing about teens smoking cigarettes, proliferation of weapons of mass de- It is the genius of America that arises they are, in fact, frying their brains, struction, and trade. The President from the great democratic tradition of destroying their lives, and dying in in- said yesterday that renewing MFN was freedom of expression and freedom of credible numbers while he ignores set- about our economic future. On the thought. In a very real way, with the ting a national drug policy. President basis of trade alone, I would like to ad- Chinese continuing practices and pat- Clinton does not need to travel to New dress some conclusions that the Presi- terns of theft of our intellectual prop- Jersey or other States to talk about dent drew. erty, the Chinese are stealing our eco- the effects of teen smoking. President I think, Mr. Speaker, that if for a nomic future. Clinton can stay right here in Washing- moment we can put aside, which is dif- I disagree with the President that ton, DC, where drugs have killed nearly ficult to do, our concerns about human China is our economic future. The Chi- 1,000 black males in drug violence since rights and proliferation and Taiwan nese regime is under the present prac- he took office. and Hong Kong and Tibet, major issues tices, stealing our economic future. In We thought the President was going of concern to this Congress, and just China it is possible to buy $12,000 worth to get serious about a national drug talk about trade, I do not believe that of pirated United States software on a policy when he came to my State of the renewal of unconditional MFN sta- CD–ROM for $10. Pirated versions of Florida several weeks ago. We were tus is justified. So while people say to Windows 95 were available in China be- grossly disappointed. His visit was a fi- us that we are sacrificing U.S. jobs to fore the real thing was released in the asco. They were to go to a public promote human rights, that is simply United States. school and have a public student, in not the case. More importantly, the production of this case a young black student was First, I would like to present some of stolen intellectual property in China is supposed to make a presentation to the the basic facts of the United States- not only for domestic consumption; it President. The White House staging China trade relationship. The emphasis is used for export. The domestic capac- people had a white private school stu- of supporters of unconditional renewal ity is about 7 million units and the pro- dent selected for the presentation. It of MFN status for China is not unex- duction capacity is about 150 million caused a furor. pectedly focused on our exports to units per year. So the Chinese are in Now, listen to this. The President’s China, it is important also to focus on the business of stealing our intellec- top Federal prosecutor in south Flor- China’s exports to the United States. tual property not only for domestic ida, an appointee who was trying a While overall United States exports to consumption but for export. drug case, lost the drug case. First, we China have tripled in the last 10 years, And the piracy does not stop at soft- heard we had decreased prosecutions United States imports from China have ware. There are reports of pirated raw under his reign; then, when they pros- grown by 11 times, resulting in a trade materials, like integrated circuits from ecuted, he lost the case. And what did deficit with China that has grown from China, showing up in Paraguay for dis- he do when he lost? He went to a strip $10 million in 1985 to $35 billion in 1995. tribution throughout the Americas. bar and bit a stripper and last week re- $35 billion. I do not have time to go into more signed in disgrace. Another alarming feature of this detail on that. I want to commend the So we have a south Florida U.S. at- trade pattern is the 4-to-1 ratio of what administration for issuing a list of torney forced to resign for biting a we buy from China to what they buy sanctions and, hopefully, they will fol- stripper, not to mention in central from us. The United States is China’s low through with that. Florida the U.S. attorney had to resign largest export market, with over a The last point I have time to make is a little over a year ago on charges of third of their exports coming into our the issue of technology and production having a disorganized office and at- market with preferential trade treat- transfer. Many people know that pro- tempting to choke a reporter. Our two ment. Our products, by and large, are duction is going offshore. What we top Federal prosecutors. not allowed into the Chinese market. must recognize is that the Chinese in- Mr. Speaker, we have a crisis in the These barriers to market access con- sist on the technological transfer as drug war and we have a crisis in Fed- tribute to the trade deficit. well. So we will have, for example, Boe- eral prosecution. We have a crisis that And lest we think that the nearly $12 ing closing a factory in Wichita, KS, I fear is really rooted in the White billion of exports that we send to China for the manufacture of the tail section House and in the lack of leadership; the is a big number, consider this China, of a 737, and that production going to lack of providing a national drug pol- with 1.28 billion people, buys just under Chinese workers making $50 a month. icy for this Nation. So I ask my col- $12 billion. Taiwan, with 23 million peo- And the Chinese have the technology leagues to read this report that details ple, buys nearly $20 billion from the transfer. this disaster, and to suggest that we United States. So the access to the So it is the barriers to our products, need some leadership on this issue or Chinese markets is a major obstacle in the ripping off of our intellectual prop- our teens are going to suffer a fate far our trade relationship. erty, and the transfer of our tech- worse, a fate far worse than smoking. I know we also hear people who pro- nology that rob our economy of jobs. They are dying in our streets and in pose unconditional MFN status and Our economic future is at risk in this our homes and across this country in talk about the 180,000 to 200,000 jobs relationship. I urge our colleagues to larger numbers because of the failure that are connected with exports to focus on these numbers. More to come. of not having a national drug policy. China. These are important jobs and we f f must respect that fact, but let me just briefly go into why we cannot allow BALANCING THE BUDGET WILL FACTS REGARDING UNITED that couple hundred thousand jobs, STRENGTHEN AMERICA’S FUTURE STATES-CHINA TRADE RELA- however significant, to be a barrier to The SPEAKER pro tempore. Under TIONSHIP many more jobs that should spring the Speaker’s announced policy of May The SPEAKER pro tempore. Under from our trade relationship. 12, 1995, the gentleman from Florida the Speaker’s announced policy of May We should all be concerned about the [Mr. STEARNS] is recognized during 12, 1995, the gentlewoman from Califor- harm to our economy of the ongoing morning business for 5 minutes. nia [Ms. PELOSI] is recognized during practice of the Chinese of violating our Mr. STEARNS. Mr. Speaker, my col- morning business for 5 minutes. intellectual property rights. The trade leagues, behind me on the wall, behind H5306 CONGRESSIONAL RECORD — HOUSE May 21, 1996 the Speaker’s chair, high up on the the numbers. This year Federal spend- my particular district, because as I wall, in fact way up there, is inscribed ing will total $1.6 trillion. If Congress said, my district is rich in what makes the following words by Congressman does nothing, spending by 2002 will rise America great, the diversity, the tal- Daniel Webster: to $2.1 trillion, an increase of $600 bil- ents, and I can speak of so many indi- Let us develop the resources of our land, lion. Under last week’s budget resolu- viduals from my particular district in call forth its powers, build up its institu- tion, spending in 2002 would rise to $1.9 southern California, so I would like to tions, promote all its great interests, and see trillion, an increase of some $400 bil- concentrate on just a few of those. whether we also, in our day and generation, lion. By any measure, a $400 billion in- First, I would like to just make sure may not perform something worthy to be re- crease in spending does not represent a it is clear that someone who has an op- membered. cut. portunity to represent Koreatown in In the quote I am trying to empha- Abraham Lincoln said it best when Los Angeles, parts of Chinatown in Los size perform something worthy to be he said: Angeles, a great percentage of the Fili- remembered in our generation. His The dogmas of the quiet past are inad- pino community in Los Angeles, and words are a creed to live by. They are equate to the stormy present. The occasion countless other Southeast Asians who words by which our actions as rep- is piled high with difficulty, and we must live in Los Angeles, I have had a great resentatives of the people should be rise to the occasion. As our case is new, so opportunity to get to know the much judged, and I urge the American people we must think anew and act anew. We must and diverse ways in which our culture to do just that. Judge us by whether we disenthrall ourselves and then we shall save here in America is reflected. also in our day and generation may not this country. We can talk about people like Mr. perform something worthy to be re- We must save this country. We are at Don Toy, who is a Chinese American, membered. the crossroads, Mr. Speaker, at the oc- who has become probably Mr. China- I am confident that we have done casion in our history when, we must town over the years because of his just that, that we have done something disenthrall ourselves and save our many efforts on behalf of the residents worthy to remember, that in our ac- country. To do this we must make the of Chinatown within the Los Angeles tion last week in passing a balanced difficult decisions. We must take the area. This is the executive director of budget resolution we have proactively steps to guarantee the fiscal solvency Chinatown Teen Post, and in that ca- and for the good of the country of our country so that our children and pacity he has been able to help so changed the course of American his- our grandchildren will have the same many of our youth go on and lead pro- tory; that we have halted 40 years of chances we had, so that they, too, have ductive lives. reckless spending and that we have at a chance to grow and to prosper in a He has been instrumental in making long last set the country back on land of greatness and of opportunity. sure that senior citizens throughout track. In our day and our generation For our Nation, for our solvency, and Los Angeles have an opportunity in the we have faced the defining issue and we for our children we must balance the areas around Chinatown to have safe have offered a solution to the problem. budget. This is not about politics and and decent homes to live in at the Simply and emphatically, balancing rhetoric, it is about the right of Ameri- point of their retirement. Cathay the budget is the most important ac- cans to pursue and secure their dreams. Manor, which houses more than 300 tion Washington can take for the it is about doing what is right and units and is home to more than 500 sen- American people. Why, one might ask. what is, as Daniel Webster said, ‘‘wor- iors in Los Angeles, is really a tribute Because not balancing the budget thy to be remembered.’’ to the success of someone like Don would be disastrous. It would mark the So the question is not whether we Toy. Cathay Manor is there, and the end of many of the things that we take can afford to balance the budget, but people living in Cathay Manor owe a for granted. It would, in effect, mark whether we can afford not to. great deal to Don Toy. the beginning of the end of the Amer- f Stewart Kwoh, another Chinese ican way of life as we know it. American, is a resident of Los Angeles, ASIAN/PACIFIC AMERICAN The national debt already stands at the Silver Lake area, part of which I HERITAGE MONTH over $5 trillion and it is growing at a represent. He is the executive director rate of $14,000 per second, which actu- The SPEAKER pro tempore. Under of the Asian/Pacific American Legal ally means in the 5 minutes it takes the Speaker’s announced policy of May Center of southern California. Most me to give this speech, our debt will 12, 1995, the gentleman from California people know of the legal center because have increased by $4.2 million, totaling [Mr. BECERRA] is recognized during of its many successes in defending the over $50 billion an hour, or $1.2 billion morning business for 5 minutes. rights and protecting those rights of a day. Mr. BECERRA. Mr. Speaker, I rise Asian/Pacific islanders who are in this Consider this, my colleagues. If Con- today to join another colleague and country. gress does nothing and allows spending friend, the gentlewoman from Hawaii, We have found on too many occasions to continue at its present course, a Mrs. PATSY MINK, to salute all those in the need to go to court to defend the child, perhaps one of our children or this country, all those Americans of rights of all citizens of this country, of our grandchildren, born today, will Asian/Pacific Islander descent who all people of this country, to have the have to pay $187,000 in taxes over his or have made this such a great country. protections of the Constitution. Stew- her lifetime just to cover the interest I rise because I have grown to know art Kwoh and the Asian/Pacific Amer- on the national debt. and to respect the many accomplish- ican Legal Center of southern Califor- But getting Federal spending under ments of our Asian/Pacific Americans, nia have been there to ensure that control is not just about putting off and I happen to have a district in Cali- those people have been able to assert this fiscal doomsday, it is also about fornia, in the Los Angeles area, that their rights. tremendous and vital benefits, the fore- happens to have a great number of Bong Hwan Kim, a friend and another most of which would be a dramatic Asian/Pacific Islanders in Los Angeles. individual from my district, he is Ko- drop in interest rates for all of us. The It happens that much of my work, rean American. He is also the director study by the economics firm of much of my effort and much of my suc- of a fantastic program at the Korean McGraw Hill predicts that balancing cess is a result of the efforts of many of Youth and Community Center. It is the the budget would lower the interest the people in my district, and I count largest Korean American service orga- rates on the average mortgage by al- among those the many people from the nization in the Nation. Through his most 3 percentage points. On a 30-year Asian/Pacific community that have leadership it has continued to grow, $75,000 loan, that would translate into a helped me along the way. and it continues to build bridges with total savings over the life of the loan of Mr. Speaker, I would like to spend a the different races and ethnic groups over $37,000. few moments talking a little bit about that make up Los Angeles, the patch- What will it take to balance the the individual and the collective con- work which has become such a re- budget? Simply put, letting spending tributions of Asian/Pacific Americans nowned part of Los Angeles. It is be- continue to go up, but more slowly to our country, and I would like to do cause of his efforts that the Korean than it otherwise would. Let us look at that within the context, if I may, of American community has been able to May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5307 reach out to the African American more importantly, what it will do that have to face up to the real demands for community, to the other communities is really not in the national interest, if energy conservation in this country which make up that portion of America we repeal this 4.3-cent-a-gallon tax. sooner or later. We are going to have to that we call Los Angeles. The premise, of course, is that some- face up to the fact that we cannot con- Linda Wong, a Chinese American of how the huge increase that we have all tinue relying on huge quantities, mil- fantastic reputation, is chief financial experienced at the gasoline pumps over lions of barrels of oil a day, imported officer of Rebuild L.A., the organiza- the last couple of months, 20 cents a from elsewhere in the world. This very, tion created to make sure that we gallon or so, in most places around the very modest effort at dealing with an could, after the aftermath of the unrest country, is being driven by a 4-cent-a- energy conservation objective as well in Los Angeles, go on to rebuild this gallon tax that was enacted several as a budget balancing objective in the great city. She has worked tirelessly years back. I think that premise of gas tax increase of 1993 is now merely for many years as a lawyer defending course falls of its own weight, upon any going to be tossed aside. so many people, not just Asian/Pacific kind of examination at all. Mr. Speaker, I hate to think of how islanders, but many people through her It makes no sense to me whatsoever, many years are going to have to pass public interest work as an attorney, as we are trying gamely to get the Fed- before this Congress has the courage, and now she is also someone who is eral budget balanced, to go out of our and it took some courage in 1993 to working as a trustee of the Los Angeles way to eliminate one of the things that vote for that very modest gasoline tax metropolitan project, which is a $100 has provided a success story over the increase, before we have the courage million educational reform movement last 3 years in cutting the deficit in again to realize that an essential com- in Los Angeles. half; namely, that 4-cent-a-gallon gas ponent of sane energy policy in this The honorable Delbert Wong, Chinese tax that was part of the 1993 budget country is going to be conservation and American resident, is the first superior package. That has succeeded in cutting an inevitable component of that is court judge in the United States, a fan- the deficit in half over the intervening going to be pricing. tastic jurist, someone who would be 3 years. So we are really deluding ourselves if Now, either we are going to have to just the epitome of what we would we think this is, first, going to deal make up that revenue of about $3 bil- want to see in our courts. He is some- with the budget; second, going to help lion for the rest of this year, or over one who is Los Angeles bred. consumers; or, third, is not going to $30 billion over the next 6 years, by One last friend, Dr. Haing Ngor. aggravate our energy problems in the Some of you may remember this Cam- raising taxes somewhere else, or we will aggravate that budget balancing long haul. bodian American because he is the in- f dividual who won the Oscar for best problem that is such a demanding one supporting actor in the film, the Kill- for us to begin with. RECESS Mr. Speaker, I would rather see us ing Fields. He has unfortunately left us stay the course, get the budget into The SPEAKER pro tempore. There because of his brutal murder, a tragic balance, not give up this modest in- being no further requests for morning death, but he too was an Asian Amer- crease in the gasoline tax that has, I business, pursuant to clause 12 of rule ican of renown. Throughout his life- think, made a good contribution to I, the House will stand in recess until 2 time Dr. Ngor never gave up his work that fundamental fiscal responsibility p.m. to someday obtain peace in Cambodia. mission of the Congress over the last 3 Accordingly (at 1 o’clock and 25 min- I want to thank the Speaker for the years. utes p.m.), the House stood in recess opportunity to say to all those people Somehow in this we have also lost until 2 p.m. who have represented this country so sight of what was supposed to be our f well and will continue to do so whether respect for markets and the way that they are of a particular ethnicity, or they operate in a free enterprise sys- AFTER RECESS race in this case, we are talking about tem in this country. I think it is al- The recess having expired, the House the Asian/Pacific islander community, most unanimously held by people that was called to order by the Speaker pro that what make America great is the follow this part of the energy market tempore [Mr. WICKER] at 2 p.m. fabric that keeps us together. The that what we experienced with this in- f Asian/Pacific islander community is crease in gasoline prices was the natu- among the various communities that ral result of the way refiners had kept PRAYER make this Nation so great, and I wish making heating oil later than usual The Chaplain, Rev. James David to extend to all those people my con- this year and then got into a crunch as gratulations and my thanks for the Ford, D.D., offered the following pray- the driving season kicked in. We al- er: greatness that comes through those ways see an up tick in gas prices about people. We earnestly pray, gracious God, for this time of year. So to think there all Your blessings—for peace and f was some conspiratorial element in strength, for justice and mercy and all REPEAL OF 4.3-CENT GAS TAX ILL- this, I think is misplaced. the values of Your word. On this day That, in a reverse twist, means even ADVISED we pray for humility in our hearts if we repeal the gas tax, I am not sure whenever we seek to speak the truth The SPEAKER pro tempore. Under we will see a tremendous impact on the and when we venture to know Your the Speaker’s announced policy of May pocketbooks of most American con- will. We hold to our views and yet we 12, 1995, the gentleman from Colorado sumers. The natural fluctuation in en- [Mr. SKAGGS] is recognized during ergy prices, in gasoline prices, will do not know all; we stand for right and morning business for 5 minutes. more than eclipse this change in the we admit our limitations; we speak to Mr. SKAGGS. Mr. Speaker, the tax level. Just as we never noticed it the issues and yet we can miss the House later today will be voting on leg- when it kicked in, because gas prices mark. Save us, O God, from any arro- islation designed to repeal, supposedly back when this gasoline tax increase gance that would blind us from truth temporarily, although I think we took effect were fluctuating by much or from undue pride which keeps us should be skeptical of that, repeal the more than 4 cents a gallon through the from Your blessings so that, instead, in 4.3-cent-a-gallon gasoline tax that was natural forces of the market. all things we will truly do justice, love enacted just a few years ago. I just I am not sure the consumers will see mercy, and ever walk humbly with want to register my concerns in opposi- significant benefit in this. It really, I You. Amen. tion to what I believe is a very ill-ad- am afraid, is an exercise in election f vised move that the Congress seems de- year appeals to some of our most un- termined to take. Not that any of us derstandable, but not necessarily our THE JOURNAL want to see consumers paying more for best instincts, that we of course love to The SPEAKER pro tempore. The gasoline or other products. But we pay a little bit less per gallon for gas. Chair has examined the Journal of the should be under no illusions as to what But let us look at a little longer last day’s proceedings and announces this will do that is beneficial, and, term. We all know that we are going to to the House his approval thereof. H5308 CONGRESSIONAL RECORD — HOUSE May 21, 1996 Pursuant to clause 1, rule I, the Jour- SEC. 4. LIMITATION OF AGENTS AND ATTORNEYS ANNOUNCEMENT BY THE SPEAKER nal stands approved. FEES. PRO TEMPORE It shall be unlawful for an amount of more Mr. HEFLEY. Mr. Speaker, pursuant The SPEAKER pro tempore. The to clause 1, rule I, I demand a vote on than 10 percent of the amount paid pursuant to section 1 to be paid to or received by any Chair will entertain fifteen 1-minutes agreeing to the Speaker’s approval of agent or attorney for any service rendered to on each side. the Journal. Lloyd B. Gamble in connection with the ben- f The SPEAKER pro tempore. The efits provided by this Act. Any person who question is on the Chair’s approval of violates this section shall be guilty of an in- PRESIDENT CLINTON ON WELFARE the Journal. fraction and shall be subject to a fine in the REFORM: THERE HE GOES AGAIN The question was taken; and the amount provided in title 18, United States (Mr. CHABOT asked and was given Speaker pro tempore announced that Code. permission to address the House for 1 the ayes appeared to have it. The bill was ordered to be engrossed minute.) Mr. HEFLEY. Mr. Speaker, I object and read a third time, was read the Mr. CHABOT. Mr. Speaker, the Presi- to the vote on the ground that a third time, and passed, and a motion to dent is talking tough on welfare reform quorum is not present and make the reconsider was laid on the table. again. Remember, this is the President, point of order that a quorum is not who as a candidate, promised to ‘‘end present. f welfare as we know it.’’ But when this The SPEAKER pro tempore. Pursu- Congress presented him with legisla- ant to the provisions of clause 5 of rule ROCCO A. TRECOSTA tion that truly would end welfare as we I, further proceedings on this question know it, Mr. Clinton quickly vetoed it. will be postponed. The Clerk called the bill (H.R. 2765) When Congress once again sent him The point of no quorum is considered for the relief of Rocco A. Trecosta. welfare reform he vetoed it again. withdrawn. There being no objection, the Clerk Now his pollsters have apparently f read the bill, as follows: told him that it’s time to change H.R. 2765 course again, or, at least appear to PLEDGE OF ALLEGIANCE Be it enacted by the Senate and House of Rep- change course. He’s once again saying The SPEAKER pro tempore. Will the resentatives of the United States of America in the he supports welfare reform. Unfor- gentleman from Massachusetts [Mr. Congress assembled, tunately, what he’s actually proposed MARKEY] come forward and lead the SECTION. 1. PAYMENT AUTHORIZED. is not even a pale copy of meaningful House in the Pledge of Allegiance. As soon as practicable after the date of en- reform. Mr. MARKEY led the Pledge of Alle- actment of this Act, the Secretary of De- Mr. Speaker, talk is cheap, Candidate giance as follows: fense shall pay to Rocco A. Trecosta, of Fort Bill Clinton made welfare reform a cen- I pledge allegiance to the Flag of the Lauderdale, Florida, a former teacher in the terpiece of his campaign for the Presi- United States of America, and to the Repub- Department of Defense Overseas Dependent dency. It’s time for him to keep his lic for which it stands, one nation under God, Schools, back pay in the amount calculated word. It’s time to stop the political indivisible, with liberty and justice for all. pursuant to section 2. posturing. It’s time for him to sign a f SEC. 2. AMOUNT OF PAYMENT. real welfare reform bill. (a) INITIAL CALCULATION OF AMOUNT.—The f PRIVATE CALENDAR Secretary of Defense shall calculate the The SPEAKER pro tempore. This is amount that Rocco A. Trecosta would have CHINA MFN Private Calendar day. The Clerk will been awarded had Mr. Trecosta been a mem- (Ms. KAPTUR asked and was given ber of the plaintiff class in March v. United permission to address the House for 1 call the first individual bill on the Pri- States, 506 F.2d 1306 (D.C. Cir. 1974). minute and to revise and extend her re- vate Calendar. (b) GROSS AMOUNT.—The gross amount for f purposes of subsection (c) shall be the lesser marks.) Ms. KAPTUR. Mr. Speaker, Congress LLOYD B. GAMBLE of— (1) the amount calculated pursuant to sub- will soon take up the question of The Clerk called the bill (H.R. 1009) section (a); and whether or not to renew China’s most- for the relief of Lloyd B. Gamble. (2) $10,000. favored-nation trade status inside this There being no objection, the Clerk (c) DEDUCTIONS FROM GROSS AMOUNT.—The marketplace for another year. I am one read the bill, as follows: Secretary of Defense shall pay to Rocco A. Member of Congress who will vote H.R. 1009 Trecosta the gross amount described in sub- ‘‘no,’’ as in no more lost U.S. jobs, no section (b) less appropriate amounts for— more abdication of the U.S. market- Be it enacted by the Senate and House of Rep- (1) Civil Service Retirement; resentatives of the United States of America in place, no more trade deficits and no (2) Social Security; Congress assembled, more wishful thinking on our trade (3) Federal Employees Group Life Insur- SECTION 1. APPROPRIATION OF FUNDS. ance; policy toward China. (a) PAYMENT.—The Secretary of the Treas- (4) Federal income tax withholding; and Every year the American public is ury shall pay, out of any money in the Treas- (5) any other similar or related deductions. told that, if Congress votes to renew ury not otherwise appropriated, to Lloyd B. China’s MFN status just one more SEC. 3. FULL SATISFACTION OF CLAIMS. Gamble of Fairfax, Virginia, the sum of year, that our trading relationship $253,488. The payment authorized by this Act shall be in full satisfaction of all claims of Rocco with China will improve. Well, it has (b) BASIS.—The payment required by sub- not. section (a) shall be to compensate Lloyd B. A. Trecosta against the United States for Gamble for the injuries sustained by him as back pay in connection with his service as a This chart shows over the last 7 years a result of the administration to him, with- teacher in the Department of Defense Over- the United States trade deficit with out his knowledge, of lysergic acid seas Dependent Schools. China has increased over 1000 percent, diethylamide by United States Army person- SEC. 4. LIMITATION ON FEES. from a deficit of $3 billion in 1988 to nel in 1957. No more than 10 percent of the payment over $35 billion last year and projected SEC. 2. SATISFACTION OF CLAIMS. authorized by this Act shall be paid to or re- over $40 billion this year. The payment made pursuant to section 1 ceived by any agent or attorney for services At this rate China will even pass shall be in full satisfaction of all claims rendered in connection with obtaining such Japan shortly in racking up the most Lloyd B. Gamble may have against the Unit- payment, any contract to the contrary not- red ink with this country. China re- ed States for any injury described in such withstanding. Any person who violates this mains a closed authoritarian Com- section shall be fined not more than $1,000. section. munist regime. Why should Congress SEC. 3. INELIGIBILITY FOR ADDITIONAL BENE- The bill was ordered to be engrossed add more red ink to this ledger? FITS. and read a third time, was read the f Upon payment of the sum referred to in third time, and passed, and a motion to section 1, Lloyd B. Gamble shall not be eligi- PRESIDENT CLINTON AND OSHA ble for any compensation or benefits from reconsider was laid on the table. the Department of Veterans Affairs or the The SPEAKER pro tempore. This (Mr. BALLENGER asked and was Department of Defense for any injury de- concludes the call of the Private Cal- given permission to address the House scribed in such section. endar. for 1 minute.) May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5309 Mr. BALLENGER. Mr. Speaker, it last December, he vetoed it. And now, minute and to revise and extend his re- was 1 year ago that President Clinton Clinton has come full circle and is marks.) announced his plans to reinvent OSHA. again playing campaign politics saying Mr. FILNER. Mr. Speaker, later The new OSHA, according to the he supports strong welfare reform. today the House will take up the repeal President’s speech, would rely less on Mr. Speaker, the only words I can use of the 4.3-cent gasoline tax. The Amer- enforcement, more on partnerships. It to describe Bill Clinton’s actions on ican people should know not only what would use common sense in regula- this issue—he’s the great pretender—he is in this bill but what is not in this tions, so that the most benefits could says he’s for reforming welfare, then he bill. This bill mandates repeal of a 4.3- be achieved with the least burden. And vetoes welfare reform, and now he is cent gasoline tax, but it does not man- the new OSHA would focus on results, trying to be seen as the welfare reform date that we as consumers or the not redtape by focusing on hazards not leader in this campaign year. American people as consumers will get paperwork and evaluating personnel on Bill Clinton—the greater pretender. the benefit of that 4.3 cents. I have the improvements in safety rather than f bill right here. It says that it is the penalties. sense of Congress that consumers Mr. President, that was a good GAS TAX REPEAL ought to get that benefit, a sense of the speech. But not much has happened (Mr. MARKEY asked and was given Congress. It does not mandate any- since then. Why not? The head of permission to address the House for 1 thing. Mr. Speaker, we have some experi- OSHA answered that question a few minute.) ence with this. When the airline surtax days ago: ‘‘There are a lot of people Mr. MARKEY. Mr. Speaker, yester- was allowed to expire recently, that 10 who doubt this direction, including day, candidate DOLE criticized the percent was not passed on to the con- people inside the organization Clinton administration for allowing the United Nations to permit Iraqi oil sumers. In fact the airlines took at [OSHA].’’ least half of that for their own. sales, claiming that offering Saddam Mr. President, you have an oppor- That is what will happen if we do not tunity to say to your opponents on Hussein a lifeline to prolong his dicta- take stronger action today. The oil OSHA reinvention that you actually torship is bad policy and bad strategy. companies will get the benefit of this meant what you said. I’ve introduced It is interesting to see candidate DOLE tax repeal and not the consumer. This H.R. 3234. All it does is take your ideas suddenly expressing concern over the bill later today should mandate that on reinventing OSHA, even your words, prospect of Iraqi oil hitting the world all consumers get the full benefit of and put them in law. market. Where was candidate DOLE the 4.3-cent tax repeal. So what will it be, Mr. President? Did over the last 6 months when the big oil f you mean what you said 1 year ago? companies, like a reckless driver on a f bet, drove into the year with their in- A CALL FOR THE DISMISSAL OF ventory needles on empty, passing DICK MORRIS, ADVISER TO THE CHINA AND MFN STATUS right by any number of global filling PRESIDENT (Mr. TRAFICANT asked and was stations in an attempt to buy cheap oil (Ms. DUNN of Washington asked and given permission to address the House from Saddam Hussein, who wants to was given permission to address the for 1 minute and to revise and extend sell the oil to get money to buy guns? House for 1 minute and to revise and his remarks.) Candidate DOLE, did he chide the oil extend her remarks.) Mr. TRAFICANT. Mr. Speaker, China companies for bad policy and bad strat- Ms. DUNN of Washington. Mr. Speak- steals American software and videos. egy? Did he criticize the oil companies er, last week 10 Republican Members of China sponsors slave labor. China im- for gouging consumers at the pump the Congress wrote to President Clin- prisons political opponents. China sells when the shortages resulted from their ton to express our outrage over the nuclear technology to terrorists. China corporate irresponsibility and sent gas fact that his top political adviser, Dick literally threatened to nuke Taiwan. prices skyrocketing? No. Morris, has been assisting in the de- And if this is not enough to disrupt the f fense team of Alex Kelly, an accused constipation of the National Security rapist who fled the country for 8 years Council, Chinese dictator told the REFORMING WELFARE rather than face charges of brutally White House to shut their mouth and (Mr. JONES asked and was given per- raping two teenage girls. Kelly, who is back off. Unbelievable, Mr. Speaker. mission to address the House for 1 a convicted thief on probation for nine After all this, the White House is so minute.) burglaries, allegedly threatened to kill mad the White House has decided to Mr. JONES. Mr. Speaker, when Re- the girls if they reported the rapes. punish China by renewing most-fa- publicans kept their promise and deliv- In our letter to the President, we vored-nation trade status. Beam me up, ered to the President a strong welfare said there has been a lot of tough talk, Mr. Speaker. When will this White reform bill, he vetoed it. Now Bill Clin- Mr. President, from your administra- House wise up? When one of these Chi- ton, realizing it is an election year, is tion on the issue of crime. But actions nese dictators slaps the President in trying to take some sort of credit for speak louder than words. Given Mr. the face with one of those Barney dolls, being pro-welfare reform. Let’s take a Morris’ insensitivity to women’s con- which just happens to be made in look at his latest charade. cerns about rape and violent crime and his lack of ethical judgment, we call on China. Think about that. The Republican Governor of Wiscon- you to dismiss him immediately. sin, Tommy Thompson, implemented a f The White House, which has failed strong, get tough welfare system in his yet to take any action on this matter, PRESIDENT CLINTON AND State. In his weekly radio address, WELFARE REFORM now admits that the President himself President Clinton praised the Wiscon- knew about Morris’ testimony, testi- (Mr. HEFLEY asked and was given sin plan as ‘‘one of the boldest yet at- mony on behalf of the rapist, but toler- permission to address the House for 1 tempted in America.’’ Yet, the Wiscon- ated it. minute.) sin plan is very similar to the one that Mr. President, we call on you to dis- Mr. HEFLEY. Mr. Speaker, the President Clinton vetoed! miss Dick Morris. Do something good American public has heard a lot from Mr. Speaker, in President Clinton’s for the women of this Nation. Bill Clinton over the past 4 years on case his actions speak louder than his f welfare. words. President Clinton has done First, candidate Bill Clinton prom- nothing in the past 31⁄2 years to reform THE MINIMUM WAGE ised to enact real welfare reform if welfare. On welfare, he is truly the (Ms. DELAURO asked and was given elected President. Next, after no action great pretender. permission to address the House for 1 from the Democrat leadership in the f minute and to revise and extend her re- 103d Congress, President Clinton failed marks.) REPEAL OF GAS TAX to deliver on his promise the first 2 Ms. DELAURO. Mr. Speaker, this years of office. Next, after Republicans (Mr. FILNER asked and was given week a vote has been scheduled on rais- deliver a welfare package to his desk permission to address the House for 1 ing the minimum wage. Finally. H5310 CONGRESSIONAL RECORD — HOUSE May 21, 1996 For months the Democrats have on welfare reform? Well, the White Cities Association convention in Palm taken to the floor of the House asking House does not even know for sure. The Springs, and I would like to congratu- the Republican leadership to schedule Clinton administration is tripping all late the outgoing president, Bea this vote on behalf of hardworking over its own rhetoric on welfare. I call Lapisto-Kirtley, and the new president, Americans and their families. it the politics of confusion. Tom Breazeal. And for the same number of Last Friday in a embargo briefing on But as I walked out of that meeting, months—the Republican leadership has the President’s radio address, White I turned down the street, and I saw a refused. In some instances, even deny- House press secretary Mike McCurry crowd. And like any of us, we are rath- ing that working families trying to get said, quote, the President in his ad- er curious when we see a crowd, and by on $4.25 an hour exist. Easy for them dress, or in this address, has signaled who did I see in the midst of that to say when you consider that since that he will look with favor on the Wis- crowd but our colleague the gentleman Speaker NEWT GINGRICH’s April 17 consin welfare reform model. And the from California, SONNY BONO, who was promise to at least hold hearings on President did. Specifically he said, I joined by his beautiful wife, Mary, the minimum wage issue—34 days quote, ‘‘Wisconsin submitted to me for their two little children and his 82- ago—he has received $15,975.24 of the approval the outlines of a sweeping year-old mother, Jean Bono. What was happening was the gen- taxpayers’ money. welfare reform plan, one of the boldest tleman from California, SONNY BONO, Compare that to a minimum-wage yet attempted in America. All in all, was having his star status set in stone worker who earns $4.25 an hour, works Wisconsin has the makings of a solid, as he was having a star placed on Palm 40 hours a week for 52 weeks and makes bold welfare reform plan. We should Canyon Drive in Palm Springs, Califor- a grand total of $8,840.00 for that entire get it done.’’ End quote. nia, and I would simply like to rise and year of hard work. In a month of daw- Well, however, if my colleagues read inform my colleagues that we all knew dling, the Speaker has made almost the Washington Post this morning, the that the gentleman from California, twice as much as a minimum-wage White House is waffling. We hear re- Mr. BONO, was a star, but now it is set worker makes in a whole year. marks such as we will have to nego- in stone, and I want to congratulate Let’s pass a minimum wage increase tiate the situation, details will have to him, and I know that every one of my now, it’s exactly what over 80 percent be changed before the Federal Govern- colleagues will join in doing so. of American want us to do. They un- ment approves the necessary waivers. f derstand that this is simply the right Mr. Speaker, it is my belief that approach to take if we are going to President Clinton should not be play- PRESIDENT’S WELFARE honor work, protect families and fight ing politics with the welfare proposal. STRATEGY LEADS A DOUBLE LIFE for children. We need welfare reform, we need it (Mr. CHRISTENSEN asked and was f now. Let us get it done. given permission to address the House f for 1 minute and to revise and extend THE ECONOMY IS GOOD? his remarks.) (Mr. KNOLLENBERG asked and was PRESIDENT CLINTON AND Mr. CHRISTENSEN. Mr. Speaker, given permission to address the House WELFARE REFORM Bill Clinton and the Washington liberal for 1 minute.) (Mr. BARTLETT of Maryland asked groups are leading a double life. They Mr. KNOLLENBERG. Look out, Mr. and was given permission to address claim that they want to end welfare as and Mrs. America. The President is the House for 1 minute and to revise we know it, yet fight it and veto every selling his own personal brand of snake and extend his remarks.) plan we put forward. oil again. But guess what? Sometimes Mr. BARTLETT of Maryland. Mr. They say they want to increase the the President does not really mean Speaker, talk is cheap; like many earnings of working Americans, but what he says. Americans are not confused about yet they are pushing to hike the mini- As recently as this weekend the where our President stands because it mum wage, which kills low-wage jobs. President said he now supports welfare seems that he changes his opinions dra- To add injury to insult, they denounce reform. Yes, welfare reform. He is back matically during election years. In his tax relief for working families and job to that position. So far this year he has radio address this past Saturday the creation which would help accomplish vetoed, as my colleagues know, chang- President said, 4 years ago I challenged both those goals. ing welfare as we know it, not once, America to end welfare as we know it. Well, Mr. Speaker, Bill Clinton’s but twice. The President has simply Of course 4 years ago President Clin- strategy undercuts both getting people surrounded this issue. ton was campaigning to be President. off the welfare rolls and letting them In fact, he switched his position so Once President, Clinton waited 18 keep more of what they earn. Studies many times I am starting to get a bit months to propose welfare reform that show that hiking the minimum wage dizzy. was rejected by his own Democratic swells the welfare rolls. That is be- Then he said this is, and again I Congress. In his address the President cause increasing the minimum wage quote, the healthiest economy in 30 bragged that he has approved 38 waiv- will cut out over 400,000 entry-level jobs, the very jobs needed to get people years. If this is the healthiest economy ers for State welfare reforms. However, off of welfare in the first place. in 30 years, then why does it lag behind in the last year the President has twice If Bill Clinton truly cares about the all 4 years of the Carter administra- vetoed comprehensive bipartisan wel- working poor, he will end his double tion? That is right. Remember the fare reform that would have ended life. He will stop vetoing plans to Carter years? The Carter economy Washington’s ability to veto State re- spring people from the welfare trap, he 1 grew 2 ⁄2 times faster than the Clinton forms. will stop pushing the minimum wage, economy. No wonder everybody is wor- There is no good reason why 50 State rusting the welfare trap shut, and he ried. That does not sound like the Governors should have to go on their will certainly stop vetoing the tax re- healthiest economy in 30 years. hands and knees to get President Clin- lief that he himself has promised. So I say, enough of the Clinton snake ton’s permission to implement welfare It is time for Bill Clinton to stop liv- oil, enough of the flip-flops. Americans reforms for their own citizens. ing a double life. are no longer buying that line. f f f CONGRATULATIONS TO OUR IT IS NOT COMPASSIONATE TO CONFUSION ABOUT WELFARE COLLEAGUE, SONNY BONO INCREASE THE MINIMUM WAGE REFORM (Mr. DREIER asked and was given (Mr. CAMPBELL asked and was (Mrs. SEASTRAND asked and was permission to address the House for 1 given permission to address the House given permission to address the House minute and to revise and extend his re- for 1 minute and to revise and extend for 1 minute and to revise and extend marks.) his remarks). her remarks.) Mr. DREIER. Mr. Speaker, last Sat- Mr. CAMPBELL. Mr. Speaker, what Mrs. SEASTRAND. Mr. Speaker, con- urday afternoon I had the opportunity is the compassionate and caring ap- fused about where the President stands to address the California Contract proach to people who need jobs? It is to May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5311 give them jobs. The problem with the Mr. FUNDERBURK. Mr. Speaker, re- ‘‘(c) Review to determine whether clear minimum wage debate is that the argu- member President Clinton’s campaign and unmistakable error exists in a case may ments have ignored the fundamental promises of 1992? He said, among other be instituted by the Secretary on the Sec- fact that it is better to give somebody things, that he would enact strong wel- retary’s own motion or upon request of the claimant. a job and get them started on their fare reform if elected President. I cer- ‘‘(d) A request for revision of a decision of path in life by earning their own in- tainly haven’t seen any sign of this. the Secretary based on clear and unmistak- come, getting ready to go to work, and But now, in a true act of desperation, able error may be made at any time after keeping a schedule, rather than not to he is trying to blend-over his dismal that decision is made. have a job at all. I would like to be able record by taking credit for some of the ‘‘(e) Such a request shall be submitted to to wave a wand and make sure that reforms our State governments have the Secretary and shall be decided in the everybody’s income rises, but I cannot, same manner as any other claim.’’. implemented on their own. (2) The table of sections at the beginning of and nobody in government can. What Why the desperation? Because no such chapter is amended by inserting after we can do though is say ‘‘yes’’ to some- matter what the campaign game is, the the item relating to section 5109 the follow- body who has got a shot at starting in facts remain the same—last Congress ing new item: life with a minimum-wage job. So be it, when the Democrats were in the major- ‘‘5109A. Revision of decisions on grounds of because one moves on from that to the ity they didn’t deliver a welfare reform clear and unmistakable error.’’. next. package to President Clinton. This (b) BVA DECISIONS.—(1) Chapter 71 of such It is not compassionate, therefore, to Congress with Republicans in charge, title is amended by adding at the end the fol- increase the minimum wage. Every President Clinton got a welfare reform lowing new section: time we have done it since 1974, unless package but he vetoed it. ‘‘§ 7111. Revision of decisions on grounds of the economy was just shooting through Mr. Speaker, the facts don’t lie. The clear and unmistakable error the roof, we lost jobs from what other- Clinton Democrats’ actions speak loud- ‘‘(a) A decision by the Board is subject to wise would have happened. I am afraid er than their words. Until Bill Clinton revision on the grounds of clear and unmis- that will happen again. takable error. If evidence establishes the stops talking about ending welfare as error, the prior decisions shall be reversed or Do not put a tax on those people who we know it and actually signs a genu- offer jobs to people who need them; un- revised. ine reform bill, we will remain absent ‘‘(b) For the purposes of authorizing bene- employed people who need a start in without leadership. fits, a rating or other adjudicative decision life. Do not support an increase in the f of the Board that constitutes a reversal or minimum wage. revision of a prior decision of the Board on f ANNOUNCEMENT BY THE SPEAKER the grounds of clear and unmistakable error PRO TEMPORE has the same effect as if the decision had A BAD DEAL FOR OUR been made on the date of the prior decision. CONSTITUENTS The SPEAKER pro tempore (Mr. ‘‘(c) Review to determine whether clear (Mr. WISE asked and was given per- WICKER). Pursuant to the provisions of and unmistakable error exists in a case may mission to address the House for 1 clause 5, rule I, the Chair announces be instituted by the Board on the Board’s that he will postpone further proceed- own motion or upon request of the claimant. minute.) ‘‘(d) A request for revision of a decision of Mr. WISE. Mr. Speaker, as I drove ings today on each motion to suspend the rules on which a recorded vote or the Board based on clear and unmistakable several hundred miles across the State error may be made at any time after that de- of West Virginia yesterday visiting the yeas and nays are ordered, or on cision is made. flood-hit areas, I stopped off at a lot of which the vote is objected to under ‘‘(e) Such a request shall be submitted di- gasoline stations. I saw gasoline selling clause 4, rule XV. rectly to the Board and shall be decided by for everything and bulk gasoline sell- Such rollcall votes, if postponed, will the Board on the merits, without referral to ing for everything from $1.28 to $1.37 a be taken after debate has concluded on any adjudicative or hearing official acting all motions to suspend the rules, but on behalf of the Secretary. gallon for 87 octane regular, and as I ‘‘(f) A claim filed with the Secretary that would stop, I would ask them how they not before 5 p.m. today. requests reversal or revision of a previous felt about getting 4.3 cents back or f Board decision due to clear and unmistak- having the Congress actually cut the able error shall be considered to be a request gasoline tax by 4.3 cents. ‘‘Where does REVISION OF VETERANS to the Board under this section, and the Sec- BENEFITS DECISIONS it go, BOB? Are we going to get it?’’ retary shall promptly transmit any such re- Well, of course, I told them that the Mr. STUMP. Mr. Speaker, I move to quest to the Board for its consideration Congress would not be permitted to suspend the rules and pass the bill under this section.’’. (2) The table of sections at the beginning of offer an amendment guaranteeing it (H.R. 1483) to amend title 38, United such chapter is amended by adding at the went to the consumer. States Code, to allow revision of veter- end the following new item: ‘‘You are telling us we don’t auto- ans benefits decisions based on clear ‘‘7111. Revision of decisions on grounds of matically get it?’’ and unmistakable error. clear and unmistakable error.’’. ‘‘No, you don’t automatically get it. The Clerk read as follows: (c) EFFECTIVE DATE.—(1) Sections 5109A In fact the chances are good that the H.R. 1483 and 7111 of title 38, United States Code, as savings will actually go either to oil Be it enacted by the Senate and House of Rep- added by this section, apply to any deter- companies or to foreign oil producers.’’ resentatives of the United States of America in mination made before, on, or after the date Well, what good does that do? Congress assembled, of the enactment of this Act. They would be even less happy to (2) Notwithstanding section 402 of the Vet- SECTION 1. REVISION OF DECISIONS BASED ON know that the roughly $3 billion that CLEAR AND UNMISTAKABLE ERROR. erans Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38, United States this will cost while, yes, it will be (a) ORIGINAL DECISIONS.—(1) Chapter 51 of Code, shall apply with respect to any deci- made up by selling the spectrum in title 38, United States Code, is amended by sion of the Board of Veterans’ Appeals on a inserting after section 5109 the following new telecommunications, that that is $3 claim alleging that a previous determination section: billion that could have been used for of the Board was the product of clear and un- deficit reduction. And then again when ‘‘§ 5109A. Revision of decisions on grounds of mistakable error if that claim is filed after, we need more deficit reduction, what clear and unmistakable error or was pending before the Department of are they going to cut? That will be edu- ‘‘(a) A decision by the secretary under this Veterans Affairs, the Court of Veterans Ap- cation. chapter is subject to revision on the grounds peals, the Court of Appeals for the Federal It is not a good deal. of clear and unmistakable error. If evidence Circuit, or the Supreme Court on, the date of f establishes the error, the prior decision shall the enactment of this Act. be reversed or revised. The SPEAKER pro tempore. Pursu- CLINTON DEMOCRATS’ ACTIONS ‘‘(b) For the purposes of authorizing bene- ant to the rule, the gentleman from Ar- SPEAK LOUDER THAN WORDS fits, a rating or other adjudicative decision that constitutes a reversal or revision of a izona [Mr. STUMP] and the gentleman (Mr. FUNDERBURK asked and was prior decision on the grounds of clear and from Mississippi [Mr. MONTGOMERY] given permission to address the House unmistakable error has the same effect as if will each be recognized for 20 minutes. for 1 minute and to revise and extend the decision had been made on the date of The Chair recognizes the gentleman his remarks.) the prior decision. from Arizona [Mr. STUMP]. H5312 CONGRESSIONAL RECORD — HOUSE May 21, 1996 GENERAL LEAVE also for the next bill and say that we to cause unusual or time-wasting prob- Mr. STUMP. Mr. Speaker, I ask are a bipartisan committee, and we lems today. unanimous consent that all Members have worked like that for years in a bi- Second, the Board may wish to con- may have 5 legislative days within partisan manner doing everything we sider the adoption of procedural rules which to revise and extend their re- can to help veterans. to make consideration of appeals rais- marks and include extraneous mate- b 1430 ing such issues less burdensome, much rials on H.R. 1483. as the Court of Veterans Appeals did in The SPEAKER pro tempore. Is there Mr. Speaker, I want to compliment Russell versus Principi and Fugo ver- objection to the request of the gen- my friend and ranking member of the sus Brown. tleman from Arizona? Subcommittee on Compensation, Pen- In these cases, the Court noted that a There was no objection. sion, Insurance and Memorial Affairs of simple claim of CUE, or a ‘‘broad-brush Mr. STUMP. Mr. Speaker, I yield my- the Committee on Veterans’ Affairs, allegation’’ that previous decisions self such time as I may consume. the gentleman from Illinois, LANE were wrong, is not sufficient to con- (Mr. STUMP asked and was given EVANS, for introducing this measure; stitute CUE. permission to revise and extend his re- and I want to say to the chairman of If a claimant-appellant wishes to reason- marks.) the Subcommittee on Compensation, ably raise CUE there must be some degree of Mr. STUMP. Mr. Speaker, I want to Pension, Insurance and Memorial Af- specificity as to what the alleged error is and commend the gentleman from Illinois fairs, the gentleman from Alabama, . . . persuasive reasons must be given as to [Mr. EVANS] for introducing this bill TERRY EVERETT, I thank him for his why the result would have been manifestly and the subcommittee chairman, the work in bringing both of these bills to different but for the alleged error. Fugo v. Brown, 6 Vet. App. 40, 44 (1993). gentleman from Alabama [Mr. EVER- the floor. ETT], for acting on this legislation. Mr. Speaker, the Board of Veterans’ It would appear that the Board could They have truly proceeded in a biparti- Appeals must review decisions made by propose pleading standards consistent san manner and deserve the support of the VA regional offices as a veteran with this statement which would make the Members. files an appeal within 1 year of the date adjudication of non-meritorious CUE I would also like to thank my good of the decision. The board can reverse claims easier. friend, the gentleman from Mississippi, that decision for many reasons, includ- However, an appellate system which SONNY MONTGOMERY, the ranking mi- ing errors in applying the law if errors would tolerate and let stand decisions nority member of the full committee, in judgment. so patently wrong as to meet the de- for his efforts on this measure. However, if no appeal is filed within manding standard of being clearly and Mr. Speaker, I yield such time as he 1 year, a veteran loses the right to unmistakably erroneous is a system may consume to the gentleman from have the board review the decision, not worthy of continued respect. The Alabama [Mr. EVERETT] for an expla- even if that decision was clearly wrong. very essence of a system of appellate nation of the bill. The bill before us gives veterans the and judicial review cries out for correc- Mr. EVERETT. Mr. Speaker, I thank right to have the Board of Veterans tion of ‘‘clear and unmistakable error’’, the gentleman from Arizona [Mr. Appeals’ review a prior final decision, no matter when the error occurred or STUMP], the distinguished chairman of no matter when it was made, and cor- how much effort it takes to sift meri- the Committee on Veterans’ Affairs rect a clear and unmistakable error. It torious claims from all others. I be- and my good friend for yielding the is a good bill that serves the best inter- lieve that this is why all of the veter- time. ests of the veterans, and I urge my col- ans service organizations support this H.R. 1483 will offer veterans whose leagues to support the bill. legislation. claims have been denied to appeal on Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I urge my colleagues to the grounds of clear and unmistakable gentleman from Illinois [Mr. EVANS], support this bill. error. The bill will do three things. the author of this bill. Mr. MONTGOMERY. Mr. Speaker, I First, it will codify the existing right Mr. EVANS. Mr. Speaker, I also want yield 2 minutes to the gentleman from of appeal at the regional office. Second, to express my appreciation to the California [Mr. FILNER]. it will establish right of appeal at the chairman of the full committee and the Mr. FILNER. Mr. Speaker, I thank board of veterans’ appeals. And finally, chairman of the subcommittee, to the the gentleman for yielding time to me. it will provide access to the court of gentleman from Arizona, BOB STUMP, Mr. Speaker, more important than veterans appeals on the grounds of and the gentleman from Mississippi, that, I thank the gentleman for his clear and unmistakable error. SONNY MONTGOMERY. friendship and his tutelage. We all The bill received strong support from Mr. Speaker, both bills received ex- know that the gentleman from Mis- the VSO’s on the grounds that clear er- tensive scrutiny at a subcommittee sissippi [Mr. MONTGOMERY] will be re- roneous error on the part of the VA hearing last October. They include tiring at the end of this session. I just should never be allowed to stand. VA measures recommended by the admin- want to say when I first arrived in Con- has opposed the bill on the grounds istration and members of the Commit- gress, there was no one who was more that the right already exists through tee on Veteran’s Affairs. gracious or more giving of his time and the BVA, chairmans discretionary rec- H.R. 1483 has received strong support knowledge than the gentleman from onciliation reconsidering process and from the Disabled American Veterans Mississippi; and I appreciate his serv- the potential for increasing the claims and other veterans organizations. ice, of course, to our Nation’s veterans, backlogged, but VA was unable to pro- Mr. Speaker, there has been some and his assistance to me personally, as vide any data supporting the concerns concern expressed about the possible I have tried to learn the issues of veter- about potential increase in the back- effect that this bill may have on the ans. log. I view this as a classic confronta- backlog of appeals at the Board of Vet- SONNY, you are going to hear this tion between the right of the individual erans’ Appeals. I met with BVA Chair- many times in the next few months, and the right of the group, evidence to man Cragin and we discussed the Ad- but you will be missed greatly. I thank the contrary showing severe impact on ministration’s concern about this pos- the gentleman very much. the veterans as a whole. I must support sibility. While I do not believe that Mr. Speaker, I, too, rise in support of the individual’s right to redress, and I this legislation will have any appre- H.R. 1483. I was a proud cosponsor of urge my colleagues to support the bill. ciable effect on the BVA backlog, I the bill, as were the various organiza- Mr. MONTGOMERY. Mr. Speaker, I want to reflect several important mat- tions, such as the Disabled American yield myself such time as I may ters concerning this bill. Veterans and the Vietnam Veterans of consume. First, since veterans already have America. This bill, as we have heard, Mr. Speaker, I want to congratulate the right to raise a claim of clear and provides a review for veterans who and thank the distinguished chairman unmistakable error before the regional have been denied their benefits in the of the committee, the honorable gen- office, any increase in the BVA backlog past. If there was a clear and unmis- tleman from Arizona [Mr. STUMP], for should be minimal. Veterans have long takable error involved in a VA decision bringing this measure to the floor and had this right, and it does not appear the veteran may appeal, even if the May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5313 current time limit for appeals has ex- The Clerk read as follows: SEC. 102. CONVERSION TO COMMERCIAL LIFE IN- SURANCE POLICY. pired. Retroactive benefits will be paid H.R. 3373 (a) SGLI CONVERSION.—Subsection (b) of to veterans whose appeal results in a Be it enacted by the Senate and House of Rep- favorable decision. The Board of Veter- section 1968, as amended by section 101(c)(2), resentatives of the United States of America in is amended— ans’ Appeals will be required to review Congress assembled, these cases. (1) by inserting ‘‘(1)’’ after ‘‘(b)’’ at the be- SECTION 1. SHORT TITLE; REFERENCES TO TITLE ginning of the subsection; Mr. Speaker, during the years 1991 38, UNITED STATES CODE. (2) by striking out ‘‘would cease,’’ in the through 1995, 3,600 motions to recon- (a) SHORT TITLE.—This Act may be cited as first sentence and all that follows through sider Board of Veterans’ Appeals deci- the ‘‘Veterans’ Benefits Amendments of the period at the end of the sentence and in- sions were filed, but only 22 percent 1996’’. serting in lieu thereof ‘‘would cease— were granted. The other 78 percent of (b) REFERENCES.—Except as otherwise ex- ‘‘(A) shall be automatically converted to veterans who believe they had been pressly provided, whenever in this Act an Veterans’ Group Life Insurance, subject to wronged were denied a hearing on that amendment is expressed in terms of an (i) the timely payment of the initial pre- appeal. amendment to a section or other provision, mium under terms prescribed by the Sec- We must keep our promises to our the reference shall be considered to be made retary, and (ii) the terms and conditions set to a section or other provision of title 38, forth in section 1977 of this title; or veterans. There are many veterans United States Code. ‘‘(B) at the election of the member, shall whose claims have been denied due to TITLE I—INSURANCE REFORM be converted to an individual policy of insur- an error in the decision making proc- ance as described in section 1977(e) of this ess. This bill will allow us to correct SEC. 101. MERGER OF RETIRED RESERVE title upon written application for conversion SERVICEMEMBERS’ GROUP LIFE IN- the wrongs that many of these veter- SURANCE AND VETERANS’ GROUP made to the participating company selected ans have endured. I thank all the LIFE INSURANCE AND EXTENSION by the member and payment of the required chairs and the ranking members for OF VETERANS’ GROUP LIFE INSUR- premiums.’’; and bringing this bill today, and I urge my ANCE TO MEMBERS OF THE READY (3) by designating the second sentence as RESERVE. paragraph (2) and in that sentence striking colleagues to approve H.R. 1483. (a) DEFINITION OF MEMBER.—Section 1965(5) out ‘‘Such automatic conversion’’ and insert- Mr. GILMAN. Mr. Speaker, I rise today in is amended— ing in lieu thereof ‘‘Automatic conversion to strong support of H.R. 1483 revising veterans (1) by inserting ‘‘and’’ at the end of sub- Veterans’ Group Life Insurance under para- benefits decisions based on clear and unmis- paragraph (B); graph (1)’’. takable error. (2) by striking out subparagraphs (C) and (b) VGLI CONVERSION.—Section 1977 is I want to thank the gentleman from Illinois, (D); and amended— Mr. EVANS, for introducing this bill as well as (3) by redesignating subparagraph (E) as (1) in subsection (a)— Chairman STUMP and Ranking Member MONT- subparagraph (C). (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; (b) PERSONS INSURED.—Section 1967 is GOMERY for their support of this measure. (B) by striking out the last two sentences; H.R. 1483 will amend current law to ensure amended— and (1) in subsection (a)— (C) by adding at the end the following: that benefit decisions by both VA regional of- (A) by inserting ‘‘and’’ at the end of para- ‘‘(2) If any person insured under Veterans’ fices and the Board of Veterans' Appeals are graph (1); Group Life Insurance again becomes insured subject to review on the grounds of clear and (B) by striking out paragraphs (3) and (4); under Servicemembers’ Group Life Insurance unmistakable error. and but dies before terminating or converting The intention of this legislation is make the (C) by striking out ‘‘or the first day a such person’s Veterans’ Group Insurance, member of the Reserves, whether or not as- consideration of appeals based on clear and Veterans’ Group Life Insurance shall be pay- signed to the Retired Reserve of a uniformed unmistakable errors less burdensome and to able only if such person is insured for less service, meets the qualifications of section ensure just results in cases where such error than $200,000 under Servicemembers’ Group 1965(5)(C) of this title, or the first day a has occurred. Life Insurance, and then only in an amount member of the Reserves meets the qualifica- The Department of Veterans Affairs believes which, when added to the amount of tions of section 1965(5)(D) of this title,’’; and Servicemembers’ Group Life Insurance pay- that this legislation will streamline its claims (2) by striking out subsection (d). able, does not exceed $200,000.’’; and adjudication process, and will result in a more (c) DURATION AND TERMINATION OF COV- (2) in subsection (e)— efficient and economical claims administration ERAGE.—Section 1968 is amended— (A) in the first sentence, by inserting ‘‘at as well as savings in general operating ex- (1) in subsection (a)— any time’’ after ‘‘shall have the right’’; and (A) by striking out ‘‘subparagraph (B), (C), penses. (B) by striking out the third sentence and or (D) of section 1965(5)’’ and inserting in lieu I believe that this legislation provides need- inserting in lieu thereof the following: ‘‘The thereof ‘‘section 1965(5)(B)’’; ed assistance to those veterans who have Veterans’ Group Life Insurance policy will (B) by striking out the period at the end of filed claims and I urge my colleagues to give terminate on the day before the date on paragraphs (1) and (2) and inserting in lieu it their support. which the individual policy becomes effec- thereof a semicolon; Mr. MONTGOMERY. Mr. Speaker, I tive.’’. (C) by striking out the period at the end of have no further requests for time, and paragraph (3) and inserting in lieu thereof ‘‘; SEC. 103. INFORMATION TO BE PROVIDED MEM- I yield back the balance of my time. and’’; BERS CONCERNING AUTOMATIC Mr. STUMP. Mr. Speaker, I have no (D) in paragraph (4)— MAXIMUM COVERAGE OF $200,000 further requests for time, and I yield (i) by striking out ‘‘from such’’ in the mat- UNDER SERVICEMEN’S GROUP LIFE INSURANCE. back the balance of my time. ter preceding subparagraph (A) and all that The SPEAKER pro tempore (Mr. follows through ‘‘(A) unless on’’ and insert- Section 1967, as amended by section 101(b), WICKER). The question is on the motion ing in lieu thereof ‘‘from such assignment, is amended by inserting after subsection (c) offered by the gentleman from Arizona unless on’’; the following new subsection (d): [Mr. STUMP] that the House suspend (ii) by striking out the semicolon after ‘‘(d) Whenever a member has the oppor- the rules and pass the bill, H.R. 1483. ‘‘such assignment’’ and inserting in lieu tunity to make an election under subsection The question was taken; and (two- thereof a period; and (a) not to be insured under this subchapter, (iii) by striking out subparagraphs (B) and or to be insured under this subchapter in an thirds having voted in favor thereof) (C); and amount less than the maximum amount of the rules were suspended and the bill (E) by striking out paragraphs (5) and (6); $200,000, and at such other times periodically was passed. and thereafter as the Secretary concerned con- A motion to reconsider was laid on (2) in subsection (b), by striking out the siders appropriate, the Secretary concerned the table. last two sentences. shall furnish to the member general informa- f (d) PREMIUMS.—Section 1969 is amended— tion concerning life insurance. Such infor- (1) in subsection (a)(2), by striking out ‘‘is mation shall include— VETERANS’ BENEFITS assigned to the Reserve (other than the Re- ‘‘(1) the purpose and role of life insurance AMENDMENTS OF 1996 tired Reserve) and meets the qualifications in financial planning; Mr. STUMP. Mr. Speaker, I move to of section 1965(5)(C) of this title, or is as- ‘‘(2) the difference between term life insur- suspend the rules and pass the bill signed to the Retired Reserve and meets the ance and whole life insurance; qualifications of section 1965(5)(D) of this ‘‘(3) the availability of commercial life in- (H.R. 3373) to amend title 38, United title,’’; surance; and States Code, to improve certain veter- (2) by striking out subsection (e); and ‘‘(4) the relationship between ans’ benefits programs, and for other (3) by redesignating subsections (f) and (g) Servicemembers’ Group Life Insurance and purposes. as subsections (e) and (f), respectively. Veterans’ Group Life Insurance.’’. H5314 CONGRESSIONAL RECORD — HOUSE May 21, 1996 SEC. 104. RENAMING OF SERVICEMEN’S GROUP Policy and Program Administration, and any Mr. Speaker, H.R. 3373 is a compila- LIFE INSURANCE PROGRAM. successor to any such office, of the Edu- tion of several bills reported by the (a) IN GENERAL.—The program of insurance cation Service of the Veterans Benefit Ad- Subcommittee on Compensation, Pen- operated by the Secretary of Veterans Af- ministration shall be in the District of Co- fairs under subchapter III of chapter 19 of lumbia.’’. sion, Insurance and Memorial Affairs title 38, United States Code, is hereby redes- (b) CLERICAL AMENDMENT.—The table of and the Subcommittee on Education, ignated as the Servicemembers’ Group Life sections at the beginning of such chapter is Training, Employment and Housing. Insurance program. amended by inserting after the item relating Title I makes several changes to life (b) AMENDMENTS TO CHAPTER 19.—(1) Sec- to section 7703 the following new item: insurance programs operated by VA. tions 1967(a), (c), and (e), 1968(b), 1969(a)–(e), ‘‘7705. Management, policy, and operations First, it will merge the Retired Reserve 1970(a), (f), and (g), 1971(b), 1973, 1974, and functions associated with the 1977(a), (d), (e), and (g) are amended by strik- Servicemen’s Life Insurance Program educational assistance pro- with the Veterans Group Life Insur- ing out ‘‘Servicemen’s Group’’ each place it grams of the Education Serv- appears and inserting in lieu thereof ice.’’. ance Program and extend coverage to ‘‘Servicemembers’ Group’’. members of the Retired and Ready Re- The SPEAKER pro tempore. Pursu- (2)(A) The heading of subchapter III of serves. ant to the rule, the gentleman from Ar- chapter 19 is amended to read as follows: Second, it would make it easier to izona [Mr. STUMP] and the gentleman ‘‘SUBCHAPTER III—SERVICEMEMBERS’ convert from active duty and veterans from Mississippi [Mr. MONTGOMERY] GROUP LIFE INSURANCE (FORMERLY insurance programs to commercial SERVICEMEN’S GROUP LIFE INSUR- will each be recognized for 20 minutes. ANCE)’’. The Chair recognizes the gentleman policies by allowing those coming out (B) The heading of section 1974 is amended from Arizona [Mr. STUMP]. of the service to go to either a veterans policy or a commercial policy. It would to read as follows: GENERAL LEAVE ‘‘§ 1974. Advisory Council on Servicemembers’ Mr. STUMP. Mr. Speaker, I ask also allow a veteran to convert to a Group Life Insurance (formerly Service- unanimous consent that all Members commercial policy at any time during men’s Group Life Insurance)’’. may have 5 legislative days within the 5-year term of the VA policy. (3) The table of sections at the beginning of which to revise and extend their re- Among other things such as making it chapter 19 is amended— marks and include extraneous matter less costly to shift to whole life pro- (A) by striking out the item relating to on H.R. 3373. grams at a younger age, the bill would subchapter III and inserting in lieu thereof The SPEAKER pro tempore. Is there allow rapid use of commercial viaticle the following: objection to the request of the gen- programs that buy policies at a dis- ‘‘SUBCHAPTER III—SERVICEMEMBERS’ GROUP tleman from Arizona? count from the terminally ill, thus pro- LIFE INSURANCE (FORMERLY SERVICEMEN’S viding much-needed cash for medical GROUP LIFE INSURANCE)’’; and There was no objection. and living expenses for those who are (B) by striking out the item relating to Mr. STUMP. Mr. Speaker, I yield my- section 1974 and inserting in lieu thereof the self such time as I may consume. often too sick to work. following: (Mr. STUMP asked and was given The bill would also require the serv- ‘‘1974. Advisory Council on Servicemembers’ permission to revise and extend his re- ices to provide additional types of in- Group Life Insurance (formerly marks.) surance information to those on active Servicemen’s Group Life Insur- Mr. STUMP. Mr. Speaker, H.R. 3373, duty when they make insurance ance)’’. The Veterans’ Benefits Amendments of choices, and finally the bill would re- (c) OTHER CONFORMING AMENDMENTS.—(1) 1996, makes a variety of changes in our name the Servicemen’s Group Life In- Section 1315(f)(1)(F) is amended by striking veterans’ life insurance programs. surance Program as the Service- out ‘‘servicemen’s’’ the first place it appears It also clarifies eligibility standards member’s Group Life Insurance Pro- and inserting in lieu thereof for burial of minor children of veterans gram. ‘‘servicemembers’’. in national cemeteries. Additionally, (2) Sections 3017(a) and 3224(1) are amended Title II section 201 of the bill would by striking out ‘‘Servicemen’s’’ each place it the bill stipulates the location for the make age limits for dependent’s burial appears and inserting in lieu thereof office that administers VA’s edu- benefits in a national cemetery con- ‘‘Servicemembers’ ’’. cational assistance programs. sistent with the rest of title 38. The bill SEC. 105. EFFECTIVE DATE. I believe this bill improves these vet- would allow burial of dependent chil- The Servicemembers’ Group Life Insurance erans’ programs and I urge my col- dren up to age 23 if in school or 21 if of any member of the Retired Reserve of a leagues to support it. I want to thank not in school. uniformed service in force on the date of the my good friend, SONNY MONTGOMERY, Title II section 202 of H.R. 3373 would enactment of this Act shall be converted, ef- the ranking minority member of the prohibit VA from moving the Edu- fective 90 days after that date, to Veterans’ full committee, for his hard work and cation Service headquarters functions Group Life Insurance. guidance on this measure. out of the District of Columbia. TITLE II—OTHER MATTERS Before yielding to him, I also want to VA is proposing to move the entire SEC. 201. ELIGIBILITY OF CERTAIN MINORS FOR thank TERRY EVERETT, chairman of the BURIAL IN NATIONAL CEMETERIES. Compensation, Pension, Insurance and service to St. Louis despite the sub- (a) ELIGIBILITY.—Paragraph (5) of section Memorial Affairs Subcommittee, and committee’s expressed concerns about 2402 is amended by adding at the end thereof the dynamic nature of education pro- the following: ‘‘For purposes of this para- LANE EVANS, the ranking minority member on the subcommittee. grams. The committee feels strongly graph, a ‘minor child’ is a child under 21 that VA policy and program manage- years of age, or under 23 years of age if pur- Additionally, I would like to thank suing a program of education at an edu- STEVE BUYER, chairman of the Edu- ment personnel need to work closely cational institution, and those terms have cation, Training, Employment and with the Congress, VSO’s and DOD in the meaning as defined in sections 3452 (b) Housing Subcommittee, and BOB the District to ensure that veterans get and (c) of this title.’’. FILNER, the ranking minority member the absolute maximum out of their (b) CONFORMING AMENDMENT.—Section education benefits. The potential man- 101(4)(A) is amended by striking out ‘‘chapter of the subcommittee, for all of their ef- forts on this bill. agement benefits form locating the 19’’ and inserting in lieu thereof ‘‘chapters 19 service at a field operation site is mar- and 24’’. Mr. Speaker, I yield such time as he ginal at best and could possibly lead to SEC. 202. PROGRAMS, PROJECTS, AND ACTIVI- may consume to the gentleman from TIES OF THE EDUCATION SERVICE, Alabama [Mr. EVERETT]. further decreases in service to veter- DEPARTMENT OF VETERANS AF- Mr. EVERETT. Mr. Speaker, before I ans. FAIRS. go any further, I want to recognize the But despite our attempts to persuade (a) LOCATED IN THE DISTRICT OF COLUM- distinguished leadership that our VA from making this highly question- BIA.—Chapter 77 is amended by inserting after section 7703 the following new section: chairman, the gentleman from Arizona able move, VA has not heeded our con- [Mr. STUMP], has given us, and the cerns. It is unfortunate that we need to ‘‘§ 7705. Management, policy, and operations functions associated with the educational leadership of the gentleman from Mis- legislate in this matter, but VA contin- assistance programs of the Education Serv- sissippi [Mr. MONTGOMERY]. I particu- ues to move ahead with plans. ice larly want to recognize my ranking I want to emphasize that the bill ‘‘The offices of Education Procedures Sys- member on my subcommittee for his does not prevent VA from downsizing tems, Education Operations, and Education work on H.R. 1483. the education staff or meeting any of May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5315 the goals of the Government Perform- in the early 1980’s, but we are proud definition of minor children for pur- ance Review Act. The bill was intro- that this legislation has worked. I poses of burial in our national ceme- duced as H.R. 3036 by the ranking mem- wanted my colleagues to know some- teries, and prevents the VA from mov- ber, Mr. MONTGOMERY, and cosponsored thing about this bill. ing their education service outside of by the chairman, Subcommittee Chair- Mr. Speaker, I yield 1 minute to the Washington, DC. man BUYER and the former ranking gentleman from Illinois [Mr. EVANS], I would also like to note, Mr. Speak- member, Ms. WATERS, and has received and thank him. He is the one that er, that the Committee on Veterans’ strong support from the VSO’s. I urge named the GI bill. Affairs staff has logged many phone my colleagues to support the bill. b 1445 calls in support of this measure. It is a Mr. MONTGOMERY. Mr. Speaker, I good bipartisan bill, and I applaud the yield myself such time as I may Mr. EVANS. Mr. Speaker, this bill makes changes in the insurance pro- entire committee and the chairman for consume. their support of this. Mr. Speaker, again, I want to thank grams that are requested by the admin- the chairman of the committee and the istration. The committee has examined Mr. STUMP. Mr. Speaker, I yield 3 distinguished members for bringing these changes and finds they will en- minutes to the gentleman from New this bill to the floor. hance the usefulness of the insurance York [Mr. GILMAN], chairman of the Mr. Speaker, someone said to me the programs and put them on a firmer fi- Committee on International Relations. other day, they said, ‘‘You fellows on nancial footing. (Mr. GILMAN asked and was given the Committee on Veterans Affairs, One provision of great importance to permission to revise and extend his re- you are always complimenting each me is a measure ensuring that the Edu- marks.) cation Service of the Department of other back and forth across the aisles.’’ Mr. GILMAN. Mr. Speaker, I want to I say, what is wrong with that? Veterans Affairs continues to be housed in the District of Columbia at commend the committee for taking up Mr. Speaker, H.R. 3373 will provide this important measure. I thank the needed improvements in VA insurance the VA central office. If this office gentleman from Alabama, Mr. EVER- programs and keep the adminsitration were to be moved, it could jeopardize ETT, for introducing the bill, as well as management and policy decisions af- of the GI bill and other educational our distinguished chairman, Mr. programs here in Washington, where fecting the Montgomery GI bill. STUMP, and the distinguished ranking they belong. Mr. Speaker, I want to Mr. Speaker, I offered the amend- member, Mr. MONTGOMERY, for their ment to name the GI bill after SONNY take this opportunity to bring my col- support. leagues up to date about the success of MONTGOMERY. I do not want to see it the newest GI bill. undermined, and that is why I very This measure restructures the Serv- The GI bill was started back in 1944. much appreciate again the leadership icemen’s Retired Reserve and Group Our Government since then has pro- of Chairman STUMP and the gentleman Life Insurance and Veterans’ Group vided educational benefits to veterans from Alabama, TERRY EVERETT, on this Life Insurance Programs by merging to assist in their readjustment to civil- matter today. the two programs for members of the ian life. Educational assistance earned Mr. STUMP. Mr. Speaker, I yield 3 retired reserve and extending coverage through honorable military service is minutes to the gentleman from Ohio under the Veterans’ Group Life Insur- really good national policy. Those who [Mr. NEY], a member of the committee. ance Program to members of the Ready serve in our Armed Forces deserve the (Mr. NEY asked and was given per- Reserve of our uniformed services, a opportunity to improve themselves by mission to revise and extend his re- group that we should give special at- education. The Montgomery GI bill marks.) tention to. It also alters current law to continues to be popular with the young Mr. NEY. Mr. Speaker, I rise today in make it easier to roll a military insur- men and women serving in the Nation’s strong support of H.R. 3373, the Veter- ance policy over into a veteran’s or Armed Forces. ans Benefits Amendments of 1996. The commercial policy upon separation As of January 31, 1996, more than 2 bill makes several changes which are from the military. million recruits have chosen to partici- needed, and some are administrative in These two programs, which are ad- pate in the GI bill active duty, and the nature, but I also wanted to point out ministered by the Prudential Insurance basic pay reduction required under one of substance. Co., supervised by the Department of that program, the $1,200 the active Right now, veterans can be locked Veterans’ Affairs, provide low-cost duty person pays in, has brought $2 bil- into a 5-year hold on a life insurance group life insurance protection to ac- lion into the Treasury. In March of this policy, and under this bill, this would tive duty and recently discharged serv- year, 94 percent of the new enlistees allow an individual upon separation of ice members and, as such, they serve enrolled in the GI bill for active duty the military, Mr. Speaker, to choose ei- an important purpose of providing a forces. I repeat, the bill does not come ther to enroll in the Veterans’ Group measure of financial security and peace free, and active duty people have to Life Insurance Program or to convert of mind to our Nation’s service men participate in it. to a commercial policy. That is impor- and women. Mr. Speaker, the Montgomery GI bill tant, because a veteran might be ill Accordingly, I urge my fellow Mem- provided for the Selected Reserve has and cannot wait that 5-year period to bers to give their support to this im- been extremely successful. This pro- convert that policy, and might need portant legislation. gram has enabled the Reserves and Na- the support that that financial situa- tional Guard to recruit and retain the tion can help them and their families Mr. MONTGOMERY. Mr. Speaker, I smart, successful young people they with. have no further requests for time, and need. Since the program was imple- So I just want to point out that al- I yield back the balance of my time. mented for our reserves on July 1, 1985, though there are a lot of technical Mr. STUMP. Mr. Speaker, I have no nearly 600,000 veterans and over 364,000 changes that are good, there are further requests for time, and I yield members of the Selected Reserve have changes of substance. back the balance of my time. signed up for this program. Close to 1 I also want to give credit to the gen- The SPEAKER pro tempore (Mr. tleman from Mississippi [Mr. MONT- million people are now going to school WICKER). The question is on the motion under the GI bill. GOMERY] who has always been willing offered by the gentleman from Arizona Without the strong support of my to listen to a new freshman, and also [Mr. STUMP] that the House suspend colleagues in this body, the chairman, the same holds true for our chairman. the rules and pass the bill, H.R. 3373. the gentleman from Arizona, Mr. I would note, Mr. Speaker, that they STUMP, who was a sponsor of this legis- have left politics at the door, which is The question was taken; and (two- lation when it was passed in 1984, as the way it should be. I commend both thirds having voted in favor thereof) well as the gentleman from Illinois, gentlemen for that for the best benefit the rules were suspended and the bill LANE EVANS, a member on the commit- of veterans. was passed. tee, and those whose name I did not I rise to support this bill. It makes A motion to reconsider was laid on mention were not in the Congress back some changes and clarifications in the the table. H5316 CONGRESSIONAL RECORD — HOUSE May 21, 1996 CONGRATULATING TAIWAN ON tration has not received any promises China. I thank him for his help with FIRST PRESIDENTIAL DEMO- from Beijing regarding future sales of this and also for the cooperative sup- CRATIC ELECTION nuclear weapons technology. And yet port of the Democrats. Mr. GILMAN. Mr. Speaker, I move to the administration announced that it The reason and the purpose for this is suspend the rules and agree to the con- would not punish China for the ring to extend heartfelt congratulations current resolution (H. Con. Res. 154) to magnet delivery. from one of the oldest democratic re- congratulate the Republic of China on And what of the sales of cruise mis- publics to one of the youngest, and to extend a special welcome to the Chi- Taiwan on the occasion of its first siles to Iran? The administration has nese people on Taiwan to a unique fra- Presidential democratic election, as still not done a thing. ternity among nations, the democ- amended. We need more people like the Tai- racies. To this end, I submitted the The Clerk read as follows: wanese around the world. They set a great example for other House Concurrent Resolution 154, ex- H. CON. RES. 154 aspiring democracies as well as for our tending our congratulations to the Re- Whereas March 28, 1996, was the first time own Nation. public of China on Taiwan. in the history of the Republic of China on We welcome them into the family of I think also the resolution is a strong Taiwan that a presidential election was held signal that the United States stands through direct popular vote by the people of democratic nations and wish them the Taiwan; very best for their people. with friendly democratic countries and Whereas the election was held under great Mr. Speaker, I reserve the balance of will defend them in the face of bullying difficulties caused by extensive military my time. threats. So I wanted to applaud Tai- threats from the People’s Republic of China; Mr. MORAN. Mr. Speaker, I yield wan’s act of self-determination, and and myself 2 minutes. this bipartisan legislation draws a Whereas the presidential inauguration will Mr. Speaker, I rise in support of this clear line of distinction between Tai- be held on May 20, 1996, and should be hon- wan, a free-market democracy, and ored; Now, therefore, be it resolution. I will not bite at some of Resolved by the House of Representatives (the the partisan references that were mainland China. Senate concurring), That— made. Let me just stick to the issue Mr. GILMAN. Mr. Speaker, I yield 3 (1) the Congress congratulates the people here. minutes to the gentleman from New of Taiwan on holding their first direct and All Americans celebrate the remark- Jersey [Mr. SMITH]. democratic presidential election; able political journey from autocracy Mr. SMITH of New Jersey. Mr. (2) the United States continues its commit- to democracy that Taiwan has made in Speaker, I thank my good friend, the ment to move nations toward freedom and recent years. Taiwan’s presidential distinguished chairman of the Commit- democracy; and tee on International Relations, for (3) the United States is committed to en- election in march signalled that Tai- wan has joined the ranks of full-figured yielding me the time. couraging and protecting its democratic Mr. Speaker, this resolution is a wel- democracy. friends on Taiwan, within the framework of come step toward focusing our China the Taiwan Relations Act. Taiwan stands as an inspiration and policy where it ought to be focused. an example for other Asian peoples who The SPEAKER pro tempore. Pursu- For too many years the United States do not yet fully enjoy the fruits of po- ant to the rule, the gentleman from has ignored and insulted a faithful and litical freedom. The people of Taiwan New York [Mr. GILMAN] and the gen- freedom-loving ally in order to curry deserve our commendation and our tleman from Virginia [Mr. MORAN] will favor with a totalitarian dictatorship. congratulations. So, too, does Presi- each be recognized for 20 minutes. This policy is not only morally prob- dent Lee, whose inauguration yester- The Chair recognizes the gentleman lematic, but also self-defeating. from New York [Mr. GILMAN]. day promises a new day not only for The recent Taiwan elections have Mr. GILMAN. Mr. Speaker, I yield Taiwanese democracy but also for im- shown that Chinese people, like people myself such time as I may consume. proved relations between Taiwan and the world over, will choose democracy (Mr. GILMAN asked and was given mainland China. and freedom when they are given the permission to revise and extend his re- Mr. Speaker, I reserve the balance of opportunity. The election also high- marks.) my time. lights a difficult choice for the people Mr. GILMAN. Mr. Speaker, I would Mr. GILMAN. Mr. Speaker, I yield 3 of Taiwan: Whether their government like to commend the gentleman from minutes to the gentleman from North should move gradually toward official North Carolina, Mr. FUNDERBURK, for Carolina [Mr. FUNDERBURK]. independence, or continue to assert its his initiative in crafting House Concur- (Mr. FUNDERBURK asked and was historic status as the Government of rent Resolution 154 and also the gen- given permission to revise and extend the Republic of China. tleman from Nebraska, Subcommittee his remarks.) The United States should take no po- Chairman BEREUTER, and the gen- Mr. FUNDERBURK. Mr. Speaker, I sition on this question. We should in- tleman from California, Mr. BERMAN, want to extend my heartfelt congratu- sist only that the choice be freely made for swiftly adopting it subcommittee lations to the Republic of China on by the people themselves, acting and passing it to the full committee. Taiwan, the Chinese people on Taiwan, through legitimately elected institu- The people of Taiwan and President and to their newly inaugurated presi- tions. We should also recognize that Lee deserve our praise and support for dent. the only real hope for eventual reunifi- holding Taiwan’s first Presidential The Chinese on Taiwan have been cation of Taiwan with the Chinese election. evolving toward democracy and self mainland rests in the possibility that They took great risk in sticking to rule for some time. The election of freedom and democracy will also come their principles. President Lee is the culmination of to the mainland. Today, as the Beijing They proved to the State Department this process. It is also the beginning of regime tightens its grip on power, this that it is possible to stand up to the process of democratic government. possibility seems remote. But the Tai- Beijing. President Lee Teng-hui has the dis- wan elections should offer both an ex- When the hostile Chinese military tinct honor of being the first Chinese ample and an incentive to Beijing. The maneuvers were taking place and the leader elected in a popular and direct message they send is clear: Join us in administration was waffling on what Presidential election. choosing freedom. We will never go the United States would or would not As always, we must applaud the back to slavery. do if Taiwan were attacked, the people movement of nations toward democ- The people of Taiwan will never of Taiwan were brave and stood to- racy and self-determination. President choose absorption by a Communist gether. Lee’s election and his inauguration is government. The model for reunifica- It took an act of Congress to prompt in accord with the very principle of de- tion, if it is ever to happen, is not Hong the administration to send two aircraft mocracy. Kong, where millions of people who had carrier battle groups to the region. Yesterday, May 20, was the date of no say in the matter are about to be The waffling continues. the inauguration of President Lee and delivered forcibly into the hands of On May 14, a Washington Post article I want to thank today my staff assist- despotism. Rather, the model is Ger- pointed out that the Clinton adminis- ant, Dr. Sam K. Lee, who was born in many, where people who had thrown off May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5317 the shackles of communism quickly Mr. Speaker, I do so to give some tions seeking to following their footsteps. By and freely chose unity with the free credit to President Clinton for his passing this resolution Congress can send a and prosperous society that had been strong action in moving battleships strong message to people the world over that built by their countrymen, who were into the Strait of Taiwan to ensure democracy is a recipe for success. happy to welcome and assist them. that the democratic election would In that regard, Mr. Speaker, I ask all of my Mr. Speaker, I especially want to take place without intimidation from colleagues to support the immediate passage congratulate the gentleman from mainland China. This is consistent of this evenhanded and supportive resolution. North Carolina [Mr. FUNDERBURK] on with the very strong continuing sup- Mr. ORTIZ. Mr. Speaker, I rise today in sup- his tireless promotion of democracy port of the White House for this demo- port of House Concurrent Resolution 154 to and human rights. As the former Am- cratic election in Taiwan, which is also congratulate Taiwan on their recent Presi- bassador to Romania, Mr. FUNDERBURK consistent with the strong support on dential election. I was privileged to attend the fought the good fight against the the part of the Democrats in this Con- May 20, 1996, inauguration of Taiwan Presi- atrocities of Nicolae Ceausescu and in- gress for democracy in Taiwan. dent Lee Teng-hui as part of the official United curred the wrath of our own State De- Mrs. COLLINS of Illinois. Mr. Speaker, I rise States delegation at the request of President partment for his candor and consist- to congratulate the Republic of China on Tai- Clinton. ency. I have enormous respect for Mr. wan on the occasion of its first presidential It was very moving to watch the first inau- FUNDERBURK. democratic election. This truly is a historic oc- guration of a freely elected President in a Thus, it is not surprising to note that casion. country which has never seen one before. he is again in the forefront of this bat- This occasion illustrates that self-will must Since 1949, Taiwan and mainland China have tle for democracy and freedom for the start with the people. In President Teng-hui's existed as two separate parts of the territory of people of Taiwan. I want to thank my inaugural address he speaks most eloquently: China. Despite mainland China's military har- good friend from North Carolina, Mr. ``Today, most deserving of a salute are the assment prior to Taiwan's elections, the peo- ple of this land proudly cast votes in their first FUNDERBURK, for sponsoring this im- people of the Republic of China. A salute to portant resolution. them for being so resolute and decisive when free election. Seeing the faces of people who Mr. GILMAN. Mr. Speaker, I thank it came to the future of the country, a salute have embraced democracy and capitalism for the gentleman from New Jersey [Mr. to them for being so firm and determined the first time, and set the pace for freedom, was poignant beyond imagination. SMITH] for his strong statement in sup- when it comes to the defense of democracy.'' I have been actively involved with encourag- port of this measure. I continue holding firm to the belief that de- ing trade between the Republic of China [Tai- Mr. Speaker, I yield 2 minutes to the mocracy is the epitome of respect toward hu- wan] and the United States, specifically be- gentleman from Ohio [Mr. CHABOT], a manity. I believe democracy is the delicate tween Taiwan and south Texas, for a number member of our committee. balance between conflict and conviction. Hav- of years. Therefore, I was enormously proud (Mr. CHABOT asked and was given ing now chosen a democratic government, I to have been selected by President Clinton to permission to revise and extend his re- welcome Taiwan into the international world of officially represent the United States at this in- marks.) peace-seeking nations. auguration of the first democratically elected Mr. CHABOT. Mr. Speaker, I rise in I now encourage the people of Taiwan to president of Taiwan and to be part of history gravitate toward full economic growth, pros- strong support of House Concurrent in the making. Resolution 154, congratulating the peo- perity, and development, and support them as I believe that the democratic elections in ple of Taiwan for holding the first free they rise to meet their new international chal- Taiwan represent one of the most dramatic and fair democratic elections in Chi- lenges. events in Chinese political dynamics this cen- nese history. And I want to congratu- Democracy can offer hope. I hope that tury. As an American, and as a democrat, I late my good friend from North Caro- through democratic governance the people of am uplifted by the move toward democracy lina, a fellow member of the freshman Taiwan will seize the opportunity to appreciate and capitalism by countries which have histori- class, DAVID FUNDERBURK, for his work their differences, and recognize their cally been ruled by an oligarchy. This is a in bringing the bill to the floor. I also similarities. Through free will and determina- positive change for both the people in Taiwan want to thank Chairman GILMAN for tion, democracy can foster tolerance which is and the world at large. his leadership on this issue. requisite in prevailing over turmoil. Further, de- As a democracy, it is incumbent upon us to I work closely with the Taiwanese- mocracy can foster patience in order to sub- lead by example, showing those countries still American community in Cincinnati, due hostilities. ruled by a select group that democracy and and I can tell you what a glorious day Mr. President, people of Taiwan, on behalf capitalism reward the individual and the coun- it was for those great people on March of my constituents of the Seventh District of try at the same time. Taiwan has come to that 23 when, for the first time in 4,000 years Chicago in the great State of Illinois, I con- realizationÐand they are among the most en- of Chinese history, citizens went to the gratulate you. I wish you well in your pursuit thusiastic capitalists on the Pacific rim. This polls to elect a President. I not only of self-governance. election was an important and impressive step want to congratulate those on Taiwan Mr. KIM. Mr. Speaker, as a cosponsor of in the direction of democracy and prosperity for this historic vote but those of Tai- House Concurrent Resolution 154, I rise in for the Republic of China. wanese heritage right here in the Unit- strong support of this important resolution. Mr. UNDERWOOD. Mr. Chairman, I rise ed States—like my own constituents, This resolution is simple, yet profound in na- today in strong support of House Concurrent Dr. C.T. Lee and Dr. Mark Tsuang— ture by congratulating the people of Taiwan for Resolution 154, a resolution congratulating the who worked so long and hard to make their courage in electing the first democratic Republic of China on Taiwan on its first demo- such a dream a reality. government in Chinese history. For their ef- cratic election for president. Mr. Speaker, it is fitting that we pass forts, I believe it is appropriate for this Con- After a barrage of threats from Beijing and this resolution during the week of gress to express its congratulations for their a series of intimidating war games and missile President Lee’s inauguration as Tai- dedication to the principles of democracy. By tests, Taiwanese voters elected President Lee wan’s first democratically elected electing the first democratic government in Teng-hui as their first directly elected presi- President. And I again thank Congress- Chinese history on March 23, the people of dent in March. Since prior presidents were man FUNDERBURK and Chairman GIL- Taiwan have taken a huge step forward. chosen by the legislature, this is truly an his- MAN for making the legislation pos- The people of Taiwan have made tremen- torical event and a significant step forward for sible. dous progress over the past few years. The democracy in Taiwan. emergence of Taiwan as one of the strongest As an original cosponsor of House Concur- b 1500 economies in Asia has propelled them into the rent Resolution 154, I believe it is important Mr. GILMAN. Mr. Speaker, I thank spotlight as a model for achievement. As the for this Congress to show our strong support the gentleman for his strong support- Seventh largest trading partner of the United for Taiwan's historic endeavor. What we do on ing statement. States, Taiwan has forced other Asian nations this floor is watched closely in the PRC and Mr. Speaker, I have no further re- to open their doors and embrace the principles Taiwan. Supporting this resolution sends a quests for time, and I yield back the of free trade. Taiwan's peaceful transition from message of support for the democratic proc- balance of my time. an authoritarian, single-party government to a ess in Taiwan, but does not veer from our one Mr. MORAN. Mr. Speaker, I yield democratic, multiparty, free-trading giant will China policy. It is the right message to send myself 1 minute. serve as the beacon to other Pacific rim na- to both Taipei and Beijing. H5318 CONGRESSIONAL RECORD — HOUSE May 21, 1996 I also want to note that I am strongly en- public of China on Taiwan on the occa- The Chair recognizes the gentleman couraged by President Lee's appeal yesterday sion of its first direct and democratic from New York [Mr. GILMAN]. to convene a summit between the top leader- presidential election and the inaugura- Mr. GILMAN. Mr. Speaker, I yield ship of Taiwan and the PRC. We only need tion of its president.’’. myself such time as I may consume. recall the tensions between Taiwan and the A motion to reconsider was laid on (Mr. GILMAN asked and was given PRC prior to the election of President Lee to the table. permission to revise and extend his re- understand the need for such a summit. A f marks.) new dialog and communication between top Mr. GILMAN. Mr. Speaker, House GENERAL LEAVE leadership of the island and the mainland is Concurrent Resolution 160, introduced essential not only for their relationship, but Mr. GILMAN. Mr. Speaker, I ask by our good colleague from New York, also for the maintenance of peace, stability unanimous consent that all Members a member of our Committee on Inter- and economic growth in the region. may have 5 legislative days within national Relations, Mr. HOUGHTON, con- I urge my colleagues to support House Con- which to revise and extend their re- gratulates the people of Sierra Leone current Resolution 154 and the historic demo- marks on House Concurrent Resolution on the success of their recent cratic process which Taiwan has undertaken. 154. multiparty democratic elections. The Mr. ACKERMAN. Mr. Speaker, I rise in very The SPEAKER pro tempore. Is there people of Sierra Leone have endured 4 strong support of this measure, and want to objection to the request of the gen- years of brutal civil war and have thank Mr. FUNDERBURK for originally introduc- tleman from New York? showed great courage earlier this year. ing it in the Asia and Pacific Subcommittee, There was no objection. Voters stood in line, often for many and Chairman GILMAN for expediting the legis- f hours, to participate in the presi- lation to the floor for passage. dential election and the following run- Mr. Speaker, the Chinese people on Taiwan CONGRATULATING SIERRA LEONE off election. The newly elected govern- have come a long way. Over a 10-year period DEMOCRATIC MULTIPARTY ment is now negotiating with rebels on of time, they have succeeded in instituting ELECTIONS the long-term peace agreement. many of the democratic principles that we Mr. GILMAN. Mr. Speaker, I move to I do not think it is unreasonable to have enjoyed in this country for over 200 suspend the rules and agree to the con- claim that Sierra Leone is an emerging years. And they have done this through the current resolution (H. Con. Res. 160) success story in Africa. It is also a hard work, perseverance and vision of one congratulating the people of the Re- powerful rebuttal to those who believe man: President Lee Teng-Hui. President Lee, public of Sierra Leone on the success of that the entire developing world is slid- who is the first native-born Taiwanese to gov- their recent democratic multiparty ing into chaos and humanitarian disas- ern Taiwan, has done remarkable things for elections. ter. his country and countrymen in this short span The Clerk read as follows: Despite the failures of neighboring of time. H. CON. RES. 160 Liberia, the people of Sierra Leone Therefore, on March 23, 1996, President Whereas since 1991 the people of the Repub- have shown they have the courage and Lee was the first man in Chinese history to be lic of Sierra Leone have endured a horrific determination to bring order to their popularly elected president of Taiwan. That is civil war that has killed thousands of indi- society. I commend the gentleman no small feat, considering Taiwan's recent his- viduals and displaced more than half the from New York [Mr. HOUGHTON] for in- tory, as well as other adversities he had to population of the country; troducing this resolution, and I urge overcomeÐin particular, China's bellicose atti- Whereas for the first time in almost 30 support for the resolution. tude toward Taiwan's impending election. years, the Republic of Sierra Leone held its Mr. Speaker, I yield such time as he first truly democratic multiparty elections may consume to the gentleman from However, those adversities were overcome, to elect a president and parliament and put and President Lee was elected with a vote of an end to military rule; New York [Mr. HOUGHTON]. 54 percentÐvalidating his leadership and al- Whereas the elections held on February 26, (Mr. HOUGHTON asked and was lowing him to continue forward with his pro- 1996, and the subsequent runoff election held given permission to revise and extend gressive policies. on March 15, 1996, were deemed by inter- his remarks.) The American people have stood by Taiwan national and domestic observers to be free Mr. HOUGHTON. Mr. Speaker, I over the years, and I believe will continue to and fair and legitimate expressions of the thank the gentleman for yielding me do so, as they continue to grow and mature will of the people of the Republic of Sierra time. Leone; into a full-fledged democracy. I have nothing Mr. Speaker, I thank the gentleman Whereas success of the newly elected for this opportunity to talk on behalf but admiration and applause for President Lee democratic government led by President and the people of Taiwan, and I recognize that Ahmad Tejan Kabbah could have a positive of Sierra Leone. A lot of us have been the friendship between our two countries is a effect on the West African Neighbors of the concerned about Africa, a lot of us very special one, and should remain as such. Republic of Sierra Leone; and have looked for leadership there, and I therefore tip my hat to President Lee on his Whereas the historic event of democratic we really have found it in the magnifi- election, and congratulate the Taiwanese peo- multiparty elections in the Republic of Si- cent result of the elections in Sierra ple on achieving another great victory in the erra Leone should be honored: Now, there- Leone to which the gentleman from fore, be it fight for freedom and democracy. New York [Mr. GILMAN] has referred. I Resolved by the House of Representatives (the would like to particularly thank, if I Mr. MORAN. Mr. Speaker, I have no Senate concurring), That the Congress— further requests for time, since we (1) congratulates the people of the Repub- could, Bob Van Wicklin, in my office, have no objection. lic of Sierra Leone for holding their first who has been there, who has helped In fact, we strongly support this reso- democratic multiparty presidential and par- create the staff work, and has pointed lution. Mr. Speaker, I yield back the liamentary elections in nearly 30 years; up some of the necessities of our work- balance of my time. (2) encourages all people of the Republic of ing strongly with that country. The SPEAKER pro tempore (Mr. Sierra Leone to continue to negotiate an end Also I would like to thank, if I could, WICKER). The question is on the motion to the civil war and to work together after the 86 cosponsors, particularly the gen- offered by the gentleman from New taking the critical first step of holding tleman from North Carolina [Mr. democratic elections in that country; WATT], the gentleman from Ohio [Mr. York [Mr. GILMAN] that the House sus- (3) reaffirms the commitment of the Unit- pend the rules and agree to the concur- ed States to help nations move toward free- CHABOT], the gentleman from New rent resolution, House Concurrent Res- dom and democracy; and York [Mr. ACKERMAN], the gentleman olution 154, as amended. (4) further reaffirms that the United States from New Jersey [Mr. PAYNE], the gen- The question was taken; and (two- is committed to encouraging peace, democ- tleman from Florida [Mr. HASTINGS], thirds having voted in favor thereof) racy, and economic development on the Afri- the gentleman from New York [Mr. the rules were suspended and the con- can continent. ENGEL], the gentleman from the Virgin current resolution, as amended, was The SPEAKER pro tempore. Pursu- Islands, [Mr. FRAZER], and so many agreed to. ant to the rule, the gentleman from others, and also, although I cannot The title of the concurrent resolution New York [Mr. GILMAN] and the gen- mention the names, several Members was amended so as to read: ‘‘Concur- tleman from Virginia [Mr. MORAN] will of the Senate, ranking about 53 in rent resolution to congratulate the Re- each be recognized for 20 minutes. number. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5319 This bill is not complicated. It is for bringing this timely and well-de- There are two other things that I noncontroversial and it is bipartisan. served tribute to the people of Sierra want to cover very quickly, and that is It simply congratulates the people of Leone before the House. I particularly democracy is not easy in other parts of the West Africa Nation of Sierra want to extend my appreciation to the the world, and there are challenges Leone, who held their first democratic gentleman from New York [Mr. HOUGH- that democracies face around the election this last year, for the first TON] for his informative and insightful world. We ought to take every oppor- time until over 30 years, an extraor- remarks, and for his very caring atti- tunity to encourage and congratulate dinary turnaround. People used to refer tude on the part of the Third World other countries who are following us to Sierra Leone as really the pit of Af- peoples of Africa. down this path. So I want to applaud rica. Many never thought there would This spring’s elections were deemed this resolution for that purpose. be any opportunity for it to emerge free and fair by international observ- Finally, there are adjoining coun- from the darkness. Now it has. ers, and a democratically elected presi- tries, countries that adjoin Sierra The new President, President dent now does govern Sierra Leone. Leone or are in close proximity to Kabbah, has recently negotiated, for This election is especially noteworthy them, where democracies are now those who are not knowledgeable here, in that an African military govern- struggling, the country of Nigeria, the a ceasefire to the civil war in that ment held elections and peacefully country of Liberia. Both have ongoing country with the Revolutionary United turned over power. So we want this ex- struggles that illustrate better than I Front. Our hope is that not only Sierra ample to serve as a model for other could ever talk about the challenges Leone will be successful, but also it such nations, and that is why this reso- that face democracies in this world. So will be the magnet which attracts de- lution is particularly important. We if we can encourage Sierra Leone to ex- mocracy to other countries, like Niger, hope that will also give impetus to the pand this concept to those adjoining Liberia, Guinea, and Nigeria, countries peace talks that are currently occur- countries, to those democracies that that are having a great deal of trouble ring in Sierra Leone. So we urge strong are facing challenges, then that is an here. support for this resolution. important objective that we ought try Let me if could just for a moment Mr. Speaker, I yield 4 minutes to the to support. mention a few things. There really is gentleman from North Carolina [Mr. I want to congratulate the gentleman hope in Africa. For the first time in WATT]. from New York [Mr. HOUGHTON], and sub-Sahara Africa in years and years Mr. WATT of North Carolina. Mr. encourage my colleagues to support and years the income per person has Speaker, I thank my good friend from this important resolution. gone up 1 percent over last year. That Virginia for yielding time for the pur- Mr. GILMAN. Mr. Speaker, I am does not sound very much, 1 percent, poses of debate on this important reso- pleased to yield such time as he may but it is really significant, because it is lution. consume to the gentleman from Ohio the first time that the income has in- Mr. Speaker, the truth of the matter [Mr. CHABOT], another member of our creased in years. Usually you are tak- is that resolutions of this kind tend to Committee on International Relations. ing a look at a negative figure. have no substantive value, so quite (Mr. CHABOT asked and was given In democracies, that has increased often I just ignore them and keep permission to revise and extend his re- greater than in nondemocracies. In cer- going. But this time, this resolution marks.) tain nondemocracies, particularly the was introduced by my good friend from Mr. CHABOT. Mr. Speaker, as a ones that are total out-and-out dicta- New York [Mr. HOUGHTON], and it member of the Committee on Inter- torships, that has gone down. So there started me thinking that while there is national Relations and the Subcommit- is a correlation here. no substantive content to the resolu- tee on Africa, I rise in strong support There is a drive towards political tion, it does give us an opportunity to of this resolution congratulating the freedom, which is more than just the do some important things related to people of Sierra Leone on the success politics of it. It has to do with the well- democracy, and, aside from the par- of the recent democratic multiparty being of individuals. There have been 30 tisanship that quite often exists in this elections. elections over the last year, over the body, it gives us time to debate, in fact b 1515 past 5 years in Africa, and many times discuss, the merits of democracy in this has resulted in greater maturity, this world, and to talk about some of I want to commend my good friend openness and integration, not just to the value that we place in democracy and colleague, the gentleman from New themselves and not to just the African and the value of a democratic election. York, Mr. HOUGHTON, who has intro- market, but the world markets. The It is hard for us to imagine in this duced this legislation; also, the distin- flow of capital for the poor countries is country a country that can go 30 years guished chairwoman of the subcommit- four times what it used to be. As a without having a democratic election. tee itself, the gentlewoman from Flor- matter of fact, it is about $187 billion We take the ability to stand on this ida, Ms. ILEANA ROS-LEHTINEN. I would per year over the last five years. As it floor and outside this building and say also like to extend commendations stands now, in terms of the poorer what we want for granted. We take the across the aisle to the gentleman from countries of this world, one-third of the democratic process and democratic Virginia, Mr. MORAN, who has shown world’s foreign investment is going elections for granted sometimes. But significant leadership in this area. into those countries. It is a very help- the value of democracy should never be Many people have worked very hard to ful sign. assumed. It is captured quite elo- bring this forward today. So if Africa and the boom it is experi- quently by the gentleman from New The March 15 democratic Presi- encing is going to represent some of York [Mr. HOUGHTON] in is ‘‘Dear Col- dential parliamentary elections the finest things we are looking for, we league’’ about this resolution, in which marked an historic day in Sierra have got to support countries like Si- he says, ‘‘This is worthy of our consid- Leone. After nearly 30 years of one- erra Leone. That is what this particu- eration and important to the United party rule, civil war and military dic- lar resolution does, and I hope there States’ national interest of seeing de- tatorships, nearly 75 percent of the Si- will be full support of it. mocracy triumph over tyranny around erra Leone citizenry, at great personal Mr. GILMAN. Mr. Speaker, I thank the world.’’ risk, went to the polls to cast their the gentleman from New York for his The people of Sierra Leone are eager votes. Since that election, a cease-fire sponsorship of this measure and for his to follow us down the path of democ- has been negotiated to end the fighting very eloquent statement. racy, and we forget that so often we that has led to the deaths of more than Mr. Speaker, I reserve the balance of are trying to get people to follow us 10,000 individuals and also left more my time. down that path, because so often we than 4.5 million homeless. This resolu- Mr. MORAN. Mr. Speaker, I yield dwell on the negative aspects of our de- tion encourages the people of Sierra myself such time as I may consume. mocracy and forget that, as one person Leone to continue those negotiations Mr. Speaker, I rise in very strong said, democracy is the worst form of and to work for a lasting peace. support of this resolution, and com- government that we can have, except Mr. Speaker, when a nation, in the mend the chairman of the committee all the other forms of government. face of so much adversity, is able to H5320 CONGRESSIONAL RECORD — HOUSE May 21, 1996 take such a giant step forward toward came out and said that we want to For five years, anarchy and civil war have democracy, it should be commended, vote, and they voted, and it was fair swept through this West African country like a and I am pleased to be able to join my and it was free. So I commend the peo- bitter wind, claiming the lives of thousands. colleagues in doing so. ple of Sierra Leone for this tremendous Twenty-nine years of dictatorship gradually Again, I thank the gentleman from election. stripped the country of its potential for growth New York [Mr. HOUGHTON] for his work Let me just say in conclusion that and prosperity. on this issue and I urge the adoption of there have been successful elections in But, throughout, the people of Sierra Leone this resolution. a number of countries in Africa. We persevered. This year, they exerted their will, Mr. MORAN. Mr. Speaker, I yield 3 saw the 30-year leader, Kenneth overcoming great obstacles in their quest for minutes to the very distinguished Kuanden in Zambia, who stood for elec- peace. They suffered in the cause of democ- statesman from New York [Mr. PAYNE], tions, take the defeat and move out to racy, enduring beatings and mutilations to to share with us a small part of his en- his village. We saw a 35-year President press ahead with the second round of Presi- cyclopedic knowledge of the peoples in Malawi, Life President Banda, they dential elections of March 15. In the end, they and countries of Africa. called him Life President because he were successful. (Mr. PAYNE of New Jersey asked and was expected to be there for life, al- For their fantastic courage, the people of Si- was given permission to revise and ex- lowed multiparty elections. He lost and erra Leone merit our respect. They are at a tend his remarks.) he also returned to his village. threshold. The restoration of civilian demo- Mr. PAYNE of New Jersey. Mr. We see peace now in Mozambique cratic rule offers the best chance of peace and Speaker, I thank the gentleman very where we have had recent elections, security in Sierra Leone. Thus, it is imperative much for that kind introduction, and I where the Renamo forces and the gov- that we praise the achievements of the people rise today in support of House Concur- ernment have come together. In An- of Sierra Leone, and send an unequivocal rent Resolution 160 sponsored by my gola, UNITA and the FLMA, President message of support for their ongoing efforts to good friend, the gentleman from New dos Santos’ government have come to ensure a future of stability and growth for their country. York [Mr. HOUGHTON]. have a government of unity. Still prob- Thus, I urge my colleagues in the House to I also want to congratulate the peo- lems, but they are working on it. In Namibia, the SWAPO organization support this resolution. ple of Sierra Leone on their democratic Mr. HALL of Ohio. Mr. Speaker, I rise today elections held on the 26th and 27th of have come in and taken hold of the government and those elections and to join my colleagues in praising the people of February of this year, the first time in Sierra Leone for their remarkable determina- over 31 years that the people of that are moving to a true democracy. South Africa we saw the first non- tion in the face of extraordinarily difficult cir- country have had free elections. cumstances. Sierra Leone gained its independence racial elections held recently, and the Mandela government is moving forth By the simple act of voting this spring, they in 1961 from Britain and since that began to wrest their fate from the roving time it has had a government that trying to create opportunities. Ethiopia has ended its long war, and bands of rebel guerrillas that have driven more showed very little compassion for its with Mr. Meles Zenawi leading the gov- than half of the people of Sierra Leone out of people. Relief agencies estimate that ernment. Eritrea, Benin, and I could go their homes. half of the country’s 4 million people on and on. But I want to point to the The individual acts of courage in coming to are refugees. The life expectancy is 42 success of democracy. The world is tak- the voting boothÐin not one, but two rounds years, and the once diamond trade has ing what we have and we should be of electionsÐecho loudly, especially in Africa virtually dissipated into the hands of willing to share it and help with its de- where democracy too often is an elusive goal. the military government. I believe that it helped both sides of the 5- velopment. However, thanks to many concerned year-old civil war to agree to a cease-fire, and Ms. ROS-LEHTINEN. Mr. Speaker, as Chair individuals, we have seen a successful I hope the leaders of both side of this civil war of the Subcommittee on Africa, I am pleased election. I would like to pay tribute to will follow the lead of their countrymen, and to have this opportunity to address the value two individuals, Derhanu Dinka, the end their brutal conflict peacefully. of House Congressional Resolution 160Ða United Nations special representative When peace comes, I hope that the resolution congratulating the people of the Re- to Sierra Leone who played a key role 320,000 Sierra Leoneans who have taken ref- public of Sierra Leone on the success of their in this election, and James Jonah, a uge in Guinea and LiberiaÐand the 1.5 million recent democratic multiparty elections. former senior United Nations official who are displaced within their own bordersÐ I would first like to commend our colleague, will return home. from Sierra Leone who returned back Mr. HOUGHTON, on his leadership in introduc- to his country to help save it. And perhaps the sound of free and fair elec- ing this resolution, and note that this measure tions, the sound of peace, will echo into the Let me speak of Mr. Jonah’s role of received unanimous support of the members bringing country peace to Sierra chaos of Liberia, and throughout Africa. of the Subcommittee on Africa. Nearly 100 years ago, Daytonians were Leone. Mr. Jonah returned home at the The importance of this resolution is twofold. among the first missionaries to Sierra Leone. military’s invitation to head an elec- In the strictest sense, it serves to encourage A Dayton company, Nord Resources, long has toral commission and surprised the the people of Sierra Leone to continue on the operated the Sierra Rutile mine, which is the army by keeping his promise to hold long and arduous journey toward political sta- nation's largest employer. The civil war closed honest elections. bilization and the consolidation of an open, the mine more than a year ago; ending the Many times Mr. Jonah’s determina- just society, and system of government. war would mean jobs once again for more tion almost cost him his life when he However, its impact extends beyond the than 2,000 people there. refused to raise the minimum wage re- boundaries of this West African country. I traveled to Sierra Leone 7 years ago, and quired for Presidential candidates so This resolution serves as an inspiration to found it to be a beautiful country. With the that it would not discriminate against emerging and fragile democracies throughout continued determination of its peopleÐand any other candidates. Many contribu- the African continent. It serves to illustrate with the encouragement of the United tions were made by both Mr. Jonah and U.S. commitment to the promotion of demo- StatesÐI believe that peace and prosperity is others who worked so hard. cratic principles, as well as American resolve again within reach. Others also contributed to the suc- to support and guide emerging democracies I commend Congressman HOUGHTON for his cess of the elections. There were groups through the process of reform and transition. leadership in bringing the deserving efforts of of international and domestic election Normally, the focus tends to be on those Af- Sierra Leone's voters to the attention of Con- monitors who stayed there to be sure rican countries who succumb to their tumul- gress. And I join him and many others from that the elections were transparent, tuous pasts and choose violence as instru- Dayton and throughout the United States in open and free. ments of political change. This resolution com- congratulating the people of Sierra Leone on Despite deadly conflicts between citi- pensates for this trend by focusing on a suc- their efforts to build democracy and peace. zens and those seeking to disrupt the cess and a positive outcome. Mr. MORAN. Mr. Speaker, I have no elections in Bo and Kenema, the elec- The people of Sierra Leone truly deserve further requests for time, and I yield toral process was largely peaceful and our admiration for their commitment and deter- back the balance of my time. the people refused to allow a group of mination to bring peace to their country and Mr. GILMAN. Mr. Speaker, I have no thugs who came in to disrupt the elec- create an environment where democratic further requests for time, and I yield tion to allow that to happen. They ideals could flourish as they have done. back the balance of my time. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5321 The SPEAKER pro tempore (Mr. the peasantry who previously had no re- lantic community of democratic WICKER). The question is on the motion course against the arbitrary actions of feu- States. offered by the gentleman from New dal lords; I urge my colleagues to support this Whereas, although this Polish constitution resolution, not just as a recognition of York [Mr. GILMAN] that the House sus- was in effect for less than 2 years, its prin- pend the rules and agree to the concur- ciples endured and it became the symbol Poland’s historical striving toward de- rent resolution, House Concurrent Res- around which a powerful new national con- mocracy, but as a statement about Po- olution 160. sciousness was born, helping Poland to sur- land’s future as a free, independent, The question was taken; and (two- vive long periods of misfortune over the fol- and democratic State. thirds having voted in favor thereof) lowing 2 centuries; and Mr. Speaker, I reserve the balance of the rules were suspended and the con- Whereas, in only the last 5 years, Poland my time. current resolution was agreed to. has realized the promise held in the Polish Mr. MORAN. Mr. Speaker, I yield constitution of 1791, has emerged as an inde- myself such time as I may consume. A motion to reconsider was laid on pendent nation after its people led the move- the table. ment that resulted in historic changes in Mr. Speaker, I rise in strong support f Central-Eastern Europe, and is moving to- of this resolution and commend the ward full integration with the Euro-Atlantic chairman of the committee for bring- GENERAL LEAVE community of nations: Now, therefore, be it ing it before the House, and the strong Mr. GILMAN. Mr. Speaker, I ask Resolved by the House of Representatives (the supporter of Polish interests, the gen- unanimous consent that all Members Senate concurring), That— tleman from Buffalo, NY, Mr. JACK (1) the people of the United States salute QUINN; and the other cosponsors, the may have 5 legislative days within and congratulate Polish people around the which to revise and extend their re- world, including Americans of Polish de- gentleman from Pennsylvania, Mr. marks on House Concurrent Resolution scent, on the adoption of the first Polish BORSKI, the gentleman from Illinois, 160. constitution; Mr. FLANAGAN, the gentleman from The SPEAKER pro tempore. Is there (2) the people of the United States recog- Wisconsin, Mr. KLECZKA, and others. objection to the request of the gen- nize Poland’s rebirth as a free and independ- It is appropriate that the House and tleman from New York? ent nation in the spirit of the legacy of the the people of the United States con- Polish constitution of 1791; and gratulate the Polish people around the There was no objection. (3) the Congress authorizes and urges the f President of the United States to call upon world, including Americans of Polish descent, on the 205th anniversary of COMMEMORATING THE 205TH ANNI- the Governors of the States, the leaders of local governments, and the people of the the adoption of the first Polish con- VERSARY OF POLAND’S FIRST United States to join in this recognition stitution. CONSTITUTION with appropriate ceremonies and activities. The, as now, Poland has been a leader Mr. GILMAN. Mr. Speaker, I move to The SPEAKER pro tempore. Pursu- in Europe. In 1989, Poland took the suspend the rules and agree to the con- ant to the rule, the gentleman from first steps toward breaking up the War- current resolution 165 saluting and New York [Mr. GILMAN] and the gen- saw Pact and held the first free elec- congratulating Polish people around tleman from Virginia [Mr. MORAN] will tions in Eastern Europe. That led the the world as, on May 3, 1996, they com- each be recognized for 20 minutes. way on comprehensive economic re- memorate the 205th anniversary of the The Chair recognizes the gentleman form. adoption of Poland’s first constitution. from New York [Mr. GILMAN]. Poland is now striving to integrate The Clerk read as follows: Mr. GILMAN. Mr. Speaker, I yield itself fully into the family of western H. CON. RES. 165 myself such time as I may consume. nations. All of us can take a measure Whereas, on May 3, 1996, Polish people (Mr. GILMAN asked and was given of pride in Poland’s achievements, around the world, including Americans of permission to revise and extend his re- which serve the U.S. interests in peace, Polish descent, will celebrate the 205th anni- marks.) security, and prosperity in Europe. versary of the adoption of the first Polish Mr. GILMAN. Mr. Speaker, I rise in Mr. Speaker, I urge adoption of the constitution; support of House Concurrent Resolu- resolution, and I reserve the balance of Whereas American Revolutionary War hero tion 165, a resolution noting the 205th my time. Thaddeus Kosciuszko introduced the concept anniversary of the adoption of Poland’s Mr. GILMAN. Mr. Speaker, I yield of constitutional democracy to his native first Constitution. such time as he may consume to the country of Poland; gentleman from New York [Mr. QUINN], Whereas the Polish constitution of 1791 Mr. Speaker, the Polish Constitution was the first liberal constitution in Europe of 1791 stands as the first liberal Con- the original sponsor of this measure. and represented Central-Eastern Europe’s stitution in Europe, creating a con- (Mr. QUINN asked and was given per- first attempt to end the feudal system of stitutional monarchy. mission to revise and extend his re- government; Its adoption by the Polish nation marks.) Whereas this Polish constitution was de- marked an important step away from Mr. QUINN. Mr. Speaker, I rise today signed to protect Poland’s sovereignty and the feudal system of government that as the proud sponsor of House Concur- national unity and to create a progressive then prevailed throughout Eastern Eu- rent Resolution 165, a resolution honor- constitutional monarchy; rope. ing an important event in the develop- Whereas this Polish constitution was the first constitution in Central-Eastern Europe Unfortunately, Poland soon fell vic- ment of democracy in Central-Eastern to secure individual and religious freedom tim to the imperialism of the Prussian, Europe and the world; the 205th anni- for all persons in Poland; Russian, and Austrian empires, which versary of Poland’s first Constitution Whereas this Polish constitution formed a divided the territory of Poland and of 1791. government composed of distinct legislative, ruled the Polish people for more than a On the third day of May, 1996, Polish executive, and judicial powers; century. people and Americans of Polish descent Whereas this Polish constitution declared The Polish Constitution of 1791 be- around the world celebrated the 205th that ‘‘all power in civil society should be de- came a symbol around which the Pol- anniversary of Poland’s first Constitu- rived from the will of the people’’; Whereas this Polish constitution revital- ish people rallied, however, and today— tion. ized the parliamentary system by placing with the independence they regained The Polish Constitution of 1791, preeminent lawmaking power in the House of earlier in this century and with the end which became the first liberal con- Deputies, by subjecting the Sejm to majority of Communist dictatorship in Poland 7 stitution in Europe was preceded only rule, and by granting the Sejm the power to years ago—the Polish people are now by our own Constitution in 1787. remove ministers, appoint commissars, and engaged in building a new constitu- The 1791 Constitution sought an end choose magistrates; tional democracy. to the feudal system of government, Whereas this Polish constitution provided The Polish nation has undergone where a few monarchs and aristocrats for significant economic, social, and political times of great difficulty and great de- governed Poland’s majority. reforms by removing inequalities between the nobility and the bourgeoisie, by rec- struction since 1791, but it has survived American Revolutionary War hero ognizing town residents as ‘‘freemen’’ who and, as a new democracy in Eastern Thaddeus Kosciuszko introduced the had judicial autonomy and expanded rights, Europe, appears to be well on its way concept of a constitutional democracy and by extending the protection of the law to toward integration into the trans-At- to his native country of Poland, which H5322 CONGRESSIONAL RECORD — HOUSE May 21, 1996 like the Constitution of the United Mr. Speaker, I reserve the balance of to be congratulated for its commit- States, established three independent my time. ment to democratic ideals and its re- branches of government. Mr. MORAN. Mr. Speaker, I yield 1 birth as a free and independent nation. The Polish Constitution abolished minute to the distinguished gentleman This is the purpose of House Concur- the feudal system, giving all citizens from West Virginia [Mr. WISE]. rent Resolution 165 and I urge my col- the right to vote and guaranteed free- b 1530 leagues to support its passage. dom of speech, right to assemble and Mr. SMITH of New Jersey. Mr. Speaker, I freedom of religion. Mr. WISE. Mr. Speaker, I thank the rise this afternoon to support the passage of As a result, Poland became Europe’s chairman and the ranking member for House Resolution 165, commemorating the first true democracy. the time. 205th anniversary of Poland's May 3 Constitu- Thomas Jefferson himself held the I simply rise in strong support of this tion. Although only in force for less than 2 Polish Constitution in high regard and resolution. It was in 1787, of course, years before falling victim to the second parti- was sure to include two copies of the that our Constitution became a reality; tion of Poland by her neighbors, this Constitu- document as part of the original collec- 4 years later, the Polish Constitution. tion stands as an enduring monument to the tion in establishing the Library of Con- It was a wave of constitutional freedom Polish people's aspiration for democracy. gress. and democracy sweeping the world at The May 3 Constitution was the first written Unfortunately, this first grand exper- that time. So I think it is important to constitution in Europe, adopted in 1791 and iment in European democracy survived rise to commemorate this noted event, coming only a few years after the American for less than 2 years. This expression of certainly to Polish peoples across the Constitution. In fact, the American and Polish the democratic tradition of Polish po- world, whether in Poland or to the Constitutions have much in common, both in litical culture, embodying liberty to large Polish American population that spirit and in purpose: Each sought to create all people, rule by the majority and re- we have in the United States. It is cer- the foundations of deomcracy and, in particu- ligious freedom, became a moral threat tainly a moment that deserves recogni- lar, to establish limits on the previously unfet- to the absolute monarchies of its tion and particularly in light of what tered powers of sovereign rule. neighbors Tsarist Russia, Austria and the Polish people have been through in Mr. Speaker, the Polish Constitution of 1791 Prussia. the last decade, as they have reasserted may have been short-lived as a legislative Poland paid dearly for its democratic their desire for constitutional democ- edict, but it survived nearly two centuries of ideas, with the complete loss of its racy, moving from the heavy hand of partition, foreign occupation, Fascist domina- independence and the abolition of its communism to once again a constitu- tion and Communist totalitarianism as a sym- Constitution, when it was partitioned tional republican system. bol of what Poles had once achievedÐand by its three powerful neighbors in 1793. So we should rise as we recognize the would again achieve. Over the next two centuries, Poland 205th anniversary. Let us also recog- Today, the people of Ploland continue their and her people suffered many injus- nize the pride and achievements that successful efforts to build a free and demo- tices, but the spirit of the Constitution the Polish people have made in just the cratic society, a free-market economy, and a of 1791 continued to live on and forge past decade. country in which human rights and fundamen- hope in the hearts of Polish people Mr. GILMAN. Mr. Speaker, I yield tal freedoms will not only be guaranteed on paper, but ensured in practice. As Chairman around the world. such time as he may consume to the It is only in the last 5 years that Po- gentleman from Illinois [Mr. FLANA- of the Helsinki Commission, I have been espe- land again has emerged as an independ- GAN.] cially heartened by the extraordinary progress Poland has made in this regard, and Poland is ent nation after her people led the Mr. FLANAGAN. Mr. Speaker, as an rightly lauded as a leaderÐperhaps the lead- movement that resulted in the fall of original cosponsor I rise in support of erÐof democratic reform in central and east- the Soviet bloc and the historical House Concurrent Resolution 165, sa- ern Europe. I was also espedially gratified to changes in Central-Eastern Europe. luting and congratulating Polish peo- learn recently from President Kwasniwski's of- Today, Poland has experienced its ple around the world as they com- fice that an overhaul of the Polish penal code first ‘‘free’’ elections in several genera- memorate this May the 205th anniver- will probably drop provisions which criminalize tions and the positive economic suc- sary of the adoption of Poland’s first defamation of state organsÐone of the last re- cesses it has experienced are unparal- Constitution. As the first modern con- stitution in Europe, this document led maining vestiges of the old Communist order. leled in its history. I am honored today to join my colleagues in the way in the advancement of democ- The eventual democratic goals of Po- commemorating the Polish Constitution of racy. Only our own Constitution of 1787 land include its hopeful inclusion in 1791, which continues to inspire the people of preceded it and the Polish Constitution the North Atlantic Treaty Organiza- Poland during a period of profound and posi- was modeled upon it. tion [NATO] and complete inclusion in tive political transformation; I welcome the The Polish Constitution declared the Western community. passage of House Resolution 165. I am honored to have offered this res- that ‘‘all power in civil society should Mr. HAMILTON. Mr. Speaker, I am pleased olution to honor the Polish Constitu- be derived from the will of the people.’’ that the House of Representatives is taking up tion of 1791, something in which all This is the primary principle of our this important resolution today. The Congress, Poles rightfully take pride. own sacred document. Like our own and the people of the United States, should Mr. Speaker, I also want to thank Constitution, the 1791 Polish Constitu- congratulate Poland on its many accomplish- the gentleman from New York, Chair- tion created distinct legislative, execu- ments on behalf of the development of democ- man GILMAN, the ranking member, the tive and judicial branches. It also se- racy and the furtherance of human freedom. gentleman from Indiana [Mr. HAMIL- cured individual and religious freedom It is fitting today that we congratulate Polish TON], and the gentleman from Virginia for all people in Poland. people around the world, including Americans [Mr. MORAN], and all members of the Just as Poland led the way for de- of Polish descent, on the 205th anniversary of Committee on International Relations mocracy in the 18th century, so too did the adoption of the first Polish Constitution. for their support of the resolution. it do so again in the late 20th century. That 1791 Constitution both drew from the ex- I want to urge my colleagues to join Poland was the key country in bring- ample of the American Constitution and set a me in saluting and congratulating the ing about the recent demise of the to- standard for all of Europe to match. people of Poland and Americans of Pol- talitarian Communist regime under Not only in the 18th century but in the 20th ish origin for realizing the fulfillment which Poland had suffered for so long. century Poland has been a leader in Europe. of the spirit of the May 3d Constitution It became a shinning beacon of light of In the heady days of 1989, Poland took land- by supporting House Concurrent Reso- freedom for other Communist countries mark steps to break up the Warsaw Pact. It lution 165. in Central-Eastern Europe. Poland was held the first free elections seen in Eastern Mr. GILMAN. Mr. Speaker, I thank the inspiration for those countries to Europe since before communist rule. Poland the gentleman from New York [Mr. peacefully overthrow their own Com- led the way on both economic and political re- QUINN] for bringing this important res- munist dictatorships. form. olution to the floor at this time and for Today, the 205-year-old legacy of the For the past 7 yearsÐindeed for the past his eloquent remarks in support of this 1791 Polish Constitution continues in several generationsÐPoland has been work- resolution. Poland’s democratic rebirth. Poland is ing mightily to integrate itself into the family of May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5323 western nations. All of us can take a full in the 1791 Constitution. Poland has emerged GENERAL LEAVE measure of satisfaction in Poland's many ac- from an oppressive Communist state to a vig- Mr. GILMAN. Mr. Speaker, I ask complishments. I look forward to the continu- orous, free-market democracy. Poland is pur- unanimous consent that all Members ing close work between the United States and suing complete inclusion in the institutions of may have 5 legislative days within Poland on behalf of our many shared inter- the western community, including the North which to revise and extend their re- ests. Together we can further peace and pros- Atlantic Treaty Organization. The United marks on House Concurrent Resolution perity in Europe. States Congress must continue to express its 165, concurrent resolution just agreed I urge adoption of the resolution. support of Poland as it takes these bold steps to. Mr. LIPINSKI. Mr. Speaker, I rise today to into the 21st century. commemorate with the Polish people the This month marks the 205th anniversary of The SPEAKER pro tempore. Is there 205th anniversary of the adoption of Poland's the historic Polish Constitution. House Concur- objection to the request of the gen- first Constitution. As the first liberal Constitu- rent Resolution 165 demonstrates to the peo- tleman from New York? tion in Europe in 1791, it was preceded only ple of Poland, and Polish people around the There was no objection. by our own Constitution in 1787. This Polish world, that the United States recognizes Po- document established a constitutional mon- land's rebirth as a free and independent na- f arch and recognized the peasants for the first tion, and will continue its commitment to foster time as members of the nation. Mirroring our democracy throughout central Europe. This 10TH ANNIVERSARY OF constitution, it too established three independ- resolution salutes Poland for its patience in re- CHORNOBYL NUCLEAR DISASTER ent branches of government. It also carries the alizing the long-awaited principles of the 1791 honor of being the first constitution established Constitution, and expresses support for Po- Mr. GILMAN. Mr. Speaker, I move to through a peaceful revolution. land's challenges in the future. suspend the rules and agree to the con- Unfortunately, this expression of liberty to Mr. Speaker, I urge my colleagues to join current resolution (H. Con. Res. 167) all, by rule by majority, and religious freedom me in supporting this important resolution. The recognizing the 10th anniversary of the survived for less than 2 years as it became a Polish people will be grateful to know that the Chornobyl nuclear disaster, and sup- moral threat to the neighboring absolute mon- United States House of Representatives porting the closing of the Chornobyl archies. Poland lost its independence that stands shoulder-to-shoulder with them as they nuclear powerplant. year when it was partitioned by Imperial Rus- enjoy the freedoms that were so eloquently The clerk read as follows: sia and Prussia. Only in the last 5 years has declared in the 1791 Polish Constitution. H. CON. RES. 167 Poland again emerged as an independent na- Mrs. KENNELLY. Mr. Speaker, I rise in sup- tion through the fall of communism. port of House Concurrent Resolution 165 com- Whereas April 26, 1996, marks the tenth an- Currently, free Poland enjoys open elections niversary of the Chornobyl nuclear disaster; memorating the 205th anniversary of the Pol- and economic success. The return of demo- ish Constitution. Whereas United Nations General Assembly cratic principles to this nation has elevated its resolution 50/134 declares April 26, 1996, as In the two centuries that have passed since hopes for inclusion in the North American the International Day Commemorating the this Constitution was adopted. Poland and its Treaty Organization [NATO] and full incorpora- Tenth Anniversary of the Chornobyl Nuclear people have endured great tragedy and tur- tion into the European Union. Power Plant Accident and encourages mem- With Chicago the largest Polish city next to moil. But through these yearsÐfrom the parti- ber states to commemorate this tragic event; Warsaw, and with many of her immigrants re- tion of Poland at the end of the 18th century, Whereas serious radiological, health, and siding in my district, I am pleased to support to the Napoleonic Wars, which resulted in the socioeconomic consequences for the popu- this resolution which honors the advancement disappearance of the country until the end of lations of Ukraine, Belarus, and Russia, as well as for the populations of other affected of democracy in a country close to my heart World War I, the tragedies of World War II, and over 40 years of Communist rule, the love areas, have been identified since the disas- and the hearts of my constituents. ter; Mr. BORSKI. Mr. Speaker, I rise in support of the Polish people for freedom and democ- Whereas over 3,500,000 inhabitants of the of House Concurrent Resolution 165, which racy has never diminished. It is fitting that the nation with the first liberal affected areas, including over 1,000,000 chil- congratulates the Polish people around the dren, were exposed to dangerously high lev- world as they commemorate the 205th anni- constitution in Europe, and the first modern els of radiation; constitution established through a peaceful versary of Poland's first Constitution. I am Whereas the populations of the affected proud to join Representatives QUINN, KLECZKA, revolution, was also the first nation to break areas, especially children, have experienced FLANAGAN, and HOKE as an original cosponsor free from the Soviet empire and establish the significant increases in thyroid cancer, im- of this resolution. first of the new democracies in Europe. mune deficiency diseases, birth defects, and Inspired by our landmark Constitution, the As Poland was a leader more than 200 other conditions, and these trends have ac- people of Poland in 1791 adopted a constitu- years ago, so it is a leader now. Its example celerated over the 10 years since the disaster; tion with guarantees of individual and religious of a successful transition to democracy in Whereas the lives and health of people in freedoms, and the creation of distinct legisla- 1989 is a beacon of hope not only for other the affected areas continue to be heavily tive, executive, and judicial powers. The con- nations of Eastern Europe but for nations burdened by the ongoing effects of the cepts of constitutional democracy that were around the world. I congratulate the Polish Chornobyl accident; embodied in the Polish Constitution were intro- people on the 205th anniversary of their Con- Whereas numerous charitable, humani- duced to Poland by American Revolutionary stitution and share their confidence that its tarian, and environmental organizations from the United States and the international War hero Thaddeus Kosciuszko. Designed to successful democracy will continue to flourish community have committed to overcome the create a progressive constitutional monarchy, into the 21st century. extensive consequences of the Chornobyl dis- the 1791 Constitution was the first liberal con- Mr. MORAN. Mr. Speaker, I have no aster; stitution in Europe and represented Central further requests for time, and I yield Whereas the United States has sought to Europe's first attempt to end feudal govern- back the balance of my time. help the people of Ukraine through various ment. Mr. GILMAN. Mr. Speaker, I have no forms of assistance; Unfortunately, this historic and ground further requests for time, and I yield Whereas humanitarian assistance and pub- breaking Constitution survived for less than 2 back the balance of my time lic health research into Chornobyl’s con- years. In 1793, Russia and Prussia partitioned The SPEAKER pro tempore (Mr. sequences will be needed in the coming dec- Poland, and Poland's Constitution was abol- WICKER). The question is on the motion ades when the greatest number of latent ished. This loss, however, did not diminish the offered by the gentleman from New health effects is expected to emerge; Polish people's will for achieving the freedoms York [Mr. GILMAN] that the House sus- Whereas on December 20, 1995, the Ukrain- embodied in the Constitution. For two cen- pend the rules and agree to the concur- ian Government, the governments of the G– turies, the principles of the 1791 Constitution rent resolution, House Concurrent Res- 7 countries, and the Commission of the Euro- olution 165. pean Communities signed a memorandum of endured and inspired a powerful new national understanding to support the decision of consciousness. Poland suffered greatly under The question was taken; and (two- Ukraine to close the Chornobyl nuclear imperial and communist rule, but its people thirds having voted in favor thereof) power plant by the year 2000 with adequate never lost sight of the freedoms and rights the rules were suspended and the con- support from the G–7 countries and inter- embodied in the Constitution. current resolution was agreed to. national financial institutions; Today, Poland is enjoying its new-found A motion to reconsider was laid on Whereas the United States strongly sup- freedoms, pursuing the principles first drafted the table. ports the closing of the Chornobyl nuclear H5324 CONGRESSIONAL RECORD — HOUSE May 21, 1996 power plant and improving nuclear safety in Millions of residents of the countries Mr. Speaker, the chairman men- Ukraine; and of Ukraine, Belarus, and Russia live on tioned that the destructive power of Whereas representatives of Ukraine, the G– lands contaminated by radiation; Chernobyl was greater than Hiroshima. 7 countries, and international financial insti- Thyroid cancers have risen dramati- I understand it was 400 times as large tutions will meet at lease annually to mon- cally among children of the surround- itor implementation of the program to close and that nuclear radiation has actually Chornobyl: Now, therefore, be it ing region; and gone up into the atmosphere and may Resolved by the House of Representatives (the Radiation continues to work its way very well be affecting all of us. So this Senate concurring), That the Congress— into the food chain, and the danger of is a very important resolution. (1) recognizes April 26, 1996, as the tenth the further spread of radiation from Mr. Speaker, I yield 31⁄2 minutes to anniversary of the Chornobyl nuclear power the site of the destroyed reactor is the gentleman from New Jersey [Mr. plant disaster; growing—even now, the concrete sar- PALLONE]. (2) urges the Government of Ukraine to cophagus surrounding the destroyed re- Mr. PALLONE. Mr. Speaker, I rise continue its negotiations with the G–7 coun- actor is believed to be in danger of col- today in support of the resolution com- tries to implement the December 20, 1995, lapse. memorating the 10th anniversary of memorandum of understanding which calls Meanwhile, energy-starved Ukraine for all nuclear reactors at Chornobyl to be the Chernobyl explosion. Although one shut down in a safe and expeditious manner; continues to operate two remaining re- decade has passed since this deadly ex- and actors at the site, dependent on their plosion, the aftermath and the truth (3) calls upon the President— electrical output to make it through remain very clouded. The 7.6 tons of 200 (A) to support continued and enhanced the difficult time of economic trans- different radioactive substances re- United States assistance to provide medical formation through which that country leased into the atmosphere over relief, humanitarian assistance, social im- is now going. Ukraine and neighboring nations con- pact planning, and hospital development for The danger at Chernobyl continues, tinue to cause sickness and misery. Ukraine, Belarus, Russia, and other nations however. As recently as November of I am especially concerned about the most heavily afflicted by Chornobyl’s after- last year, a serious radiation leak oc- state of the millions of children who math; (B) to encourage national and inter- curred when a nuclear fuel rod split suffered and continue to suffer from national health organizations to expand the open during refueling of reactor No. 1. the long-term effects of radiation. The scope of research into the public health con- Mr. Speaker, this is a grave situa- highly toxic heavy metals have caused sequences of Chornobyl, so that the global tion, and one that requires the world’s an increase in children’s thyroid gland community can benefit from the findings of attention and concern. cancer, children’s diabetes and anemia. such research; I am, therefore, pleased to support The medical effects still plague the af- (C) to support the process of closing the and cosponsor this resolution, which fected regions which include parts of Chornobyl nuclear power plant in an expedi- not only notes the 10th anniversary of Ukraine, Belarus, and Russia. Sci- tious manner as envisioned by the December the Chernobyl reactor explosion, but entists discovered inherited genetic 20, 1995, memorandum of understanding; and reminds us that the problem of unsafe (D) to support the broadening of Ukraine’s damage in victims exposed to regional energy sources which will reduce its reactors remains with us today at Chernobyl’s radiation spillage. In fact dependence on any individual country. Chernobyl and at other sites across the a study in the Nature journal states former Soviet Union. that children born in Belarus in 1994 to The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of ant to the rule, the gentleman from parents who lived in the area during my time. the meltdown suffered from twice the New York [Mr. GILMAN] and the gen- Mr. MORAN. Mr. Speaker, I yield tleman from Virginia [Mr. MORAN] normal rate of a specific type of muta- myself such time as I may consume. tion. each will control 20 minutes. We rise in strong support of this reso- The Chair recognizes the gentleman I should say, Mr. Speaker, particu- lution and commend the chairman for larly the point about Chernobyl and, as from New York [Mr. GILMAN]. bringing it before the House. We want Mr. GILMAN. Mr. Speaker, I yield the gentleman from Virginia [Mr. to commend the humanitarian relief ORAN] mentioned the fact, that there myself such time as I may consume. M organizations and the individuals who has been so much support and humani- (Mr. GILMAN asked and was given have cared for the victims of the tarian relief provided to the countries permission to revise and extend his re- Chernobyl disaster. Their work has effected by private citizens, really marks.) been supported by U.S., European and mostly here in the United States, was Mr. GILMAN. Mr. Speaker, I rise in other international assistance. brought home to me very vividly a few support of House Concurrent Resolu- Over the last 4 years, the United years ago when in my own district, tion 167, a resolution noting the 10th States has sent $100 million worth of that has a large Ukraine and anniversary of the Chernobyl nuclear humanitarian and medical assistance Belarussian population, there was a reactor explosion. to Ukraine. U.S. assistance has also fund raiser, basically a relief fund rais- At 1:23 a.m. on April 26, 1986, a test helped provide Ukraine with alter- er to help the victims of Chernobyl. conducted on reactor No. 4 at the nu- native energy sources that would fa- I had been to some of those efforts clear facility at Chernobyl, Ukraine, cilitate the closing of nuclear power that have been held in my district, resulted kin catastrophe. An explosion stations. again by private citizens and organiza- in the reactor core destroyed a large On this anniversary, the United tions over the last 5 or 6 years. I was part of the reactor building. States also garnered private donations particularly impressed with the efforts Since the entire facility had been for a combined government-private on the part of some of the Belarussian built without any containment dome, package of humanitarian and medical organizations in my district. My wife there was no way for the reactor per- assistance for the region’s victims. The happens to be of Belarussian descent. sonnel to prevent the release into the international community, including G– She also has been very concerned to atmosphere—and into the wind—of 7, obligated $3 billion in grants and make sure that we continue to help huge amounts of radioactive materials. loans for power sector restructuring, those victims of Chernobyl. The total amount of radiation released least-cost energy investments, nuclear In addition to the medical effects, in the course of this terrible incident is safety and a plan addressing the social the impact of the environmental dam- estimated by many to exceed that re- impact of Chernobyl’s closure. age is still felt today. The 1986 melt- leased by the atomic bomb blast at Hir- We are also pleased with the Govern- down contaminated 100,000 square oshima, Japan in 1945. ment of Ukraine’s commitment to clos- miles of once arable lands in Belarus. Mr. Speaker, as we note the passage ing the Chernobyl power station in a That is about 20 percent of the agricul- of the 10th anniversary of this catas- safe manner by the year 2000. Ukraine tural land; in Ukraine, 8 percent; and trophe, I would like to provide my col- faces tremendous concerns with regard even within the Russian Federation, 1 leagues with some estimates of the to finding energy sources. Yet, achiev- percent. This irradiated soil poses damage caused over the last 10 years in ing nuclear safety is key for Ukraine. seemingly endless problems for these the countries of Ukraine, Belarus, and It is also one of the most important countries’ agrarian communities. Russia by the catastrophe of April 26, goals for its European neighbors and On April 26, 1991, the fifth anniver- 1986: the United States. sary of the meltdown, I introduced a May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5325 resolution in the House urging the So- carefully have suggested that as much Chernobyl to be shut down in a safe viet Government to take steps to evac- as 200 times the amount of radiation and expeditious manner by the year uate people still living in the affected released at both Hiroshima and Naga- 2000. The resolution calls upon the areas to decontaminate the Kiev res- saki combined was released as a result President to support the process of ervoir, cease the planning, construc- of that explosion. closing Chernobyl, as envisioned by the tion, and operation of other nuclear fa- b 1515 MOU, recognizing, of course, the tre- cilities in the Ukraine and asked for mendous costs involved and its impact international supervision of existing The highest level of radioactive fall- on the country that is undergoing a facilities. out was registered in the vicinity im- transition from a Communist state to a In an effort to build cooperation be- mediately surrounding Chernobyl, near market oriented economy. They do tween the United States and Ukraine, I the Ukrainian-Belorussian border. have energy needs. We need to take believe our country should provide This expression of Congress draws at- that into consideration and assist them technical and medical expertise to as- tention to the ongoing tragedy. Ten in every way we can. sist the people who continue to suffer years ago, Mr. Speaker, millions of Among the most important compo- while working with all of the newly people, including about 1 million chil- nents of the MOU is the G–7 financial independent states of the former USSR dren, were exposed to dangerously high commitment, mostly in loans, as well to make sure that a disaster on the levels of radiation. Since then children, as some grants, to help Ukrainians im- order of Chernobyl never happens in particular, have experienced alarm- pose market discipline on that coun- again. ing increases in thyroid cancer and try’s very inefficient energy sector and As world leaders, we must continue other conditions, including early child- make it more rational and self-sustain- to urge the United States to lead inter- hood diabetes, anemia, and illnesses as- ing. national efforts to prevent future dis- sociated with general fatigue. One Finally, the resolution supports the asters. Last year our Government World Health Organization expert re- broadening of Ukraine’s regional en- joined with Ukraine and several other cently forecast that the total number ergy resources, which will reduce its G–7 nations in a memorandum of un- of thyroid cancers among children in dependence on an individual country. derstanding to close the Chernobyl the contaminated zones may ulti- Mr. Speaker, the international com- plant by the year 2000. mately reach 10,000. These trends have munity, including the U.S. Govern- I just want to say that this action in accelerated since the disaster and are ment and many nongovernmental orga- the memorandum will not only close expected to increase well into the fu- nizations, are indeed responding to the the nuclear plant but it will assist ture. consequences of Chernobyl, but more Ukraine in developing a safer, more vi- One of the witnesses at our hearing needs to be done, especially as Ukraine brant self-sustaining energy sector. I talked about the fact that many of the and the Belarus, the countries again think it is very important to help people who moved out of the affected that bore the brunt of Chernobyl, are Ukraine in trying to find alternatives areas who used to have farms there undergoing this transitional period. to nuclear power and to eventually have grown impatient and have moved Mr. Speaker, I ask Members to sup- close the Chernobyl plant. back to farm. Many are not eating the port this measure and then, when we Mr. GILMAN. Mr. Speaker, I yield produce and selling some of it in Kiev get down to appropriate humanitarian such time as he may consume to the putting some at risk of contamination. aid later on in the year, to support the gentleman from New Jersey [Mr. Indeed, stomach cancers are now begin- kind of resources that will help make SMITH], the original sponsor of this ning to manifest themselves among the the mitigation of this crisis a reality. measure, who is also the distinguished people in these affected areas. Mr. GILMAN. Mr. Speaker, I want to chairman of our Subcommittee on Mr. Speaker, given these devastating thank the gentleman from New Jersey International Operations and Human consequences, House Concurrent Reso- [Mr. SMITH] for his sponsorship of this Rights. lution 167 calls upon the President to measure and his eloquent remarks in Mr. SMITH of New Jersey. Mr. support continued and enhanced United support of the resolution. Speaker, I thank the chairman of our States assistance to provide medical Mr. Speaker, I reserve the balance of full Committee on International Rela- relief, humanitarian assistance, social my time. tions of yielding time to me and for ex- impact planning and hospital develop- Mr. MORAN. Mr. Speaker, I yield 5 peditiously moving this legislation ment for the Ukraine, Belarus, and minutes to the distinguished chief through our full committee and bring- Russia and encourages national and Democratic whip of the House, the gen- ing it to the floor today. international health organizations to tleman from Michigan [Mr. BONIOR], House Concurrent Resolution 167 is expand the scope of research into the who is also a very strong supporter of an important and timely resolution public health consequences of the resolution commemorating the which recognizes the 10th anniversary Chernobyl. 205th anniversary of the adoption of of the Chernobyl nuclear disaster, the Let me just remind Members as well Poland’s first constitution. worst in recorded history, and supports that there are still scattered through- Mr. BONIOR. Mr. Speaker, I thank the closing of the remaining reactors out Russia some 15 different sites my friend from Virginia, Mr. MORAN, in that plant. where Chernobyl-type reactors are for yielding me the time and for his Several weeks ago, Mr. Speaker, on today in operation. So the prospects concern of the peoples of Eastern Eu- April 23, I chaired a Helsinki Commis- and the specter of this kind of thing rope. sion hearing that examined the dev- happening not just on the Chernobyl Mr. Speaker, I rise in strong support astating consequences of the Chernobyl side itself, where the reactors contin- of this resolution and commend my disaster. Four experts on the subject of ued to be used, but also throughout colleague from New Jersey, Mr. SMITH, Chernobyl, including the ambassadors Russia, leading to what I would con- for bringing it to the floor of the House of Ukraine and Belarus, the two coun- sider to be a unmitigated disaster of Representatives. tries most gravely affected by the dis- should this happen again. Many of us joined in commemora- aster, gave sobering accounts of the So we need, I think, to be encourag- tions of this anniversary over the past profound medical, environmental, eco- ing the closure of those as well and up- month in churches and town halls in nomic, and political consequences of grading if they need nuclear power, our communities and at a very special the disaster. doing it in a way that is environ- event at the White House. Mr. Speaker, as I think most Mem- mentally sound and safe. Mr. Speaker, the Chornobyl nuclear bers know, in the early morning of Mr. Speaker, one of the most impor- disaster was a silent killer, and people April 26, 1986 10 years ago, reactor No. tant components of this resolution is will continue to feel its direct effects 4 at the Chernobyl nuclear power plant that it does indeed urge the Ukraine to well into the next millennium. exploded, releasing massive quantities continue its negotiations with the G–7 Millions of lives have been unalter- of radioactive substances into the at- to implement the December 20, 1995, ably changed by it. mosphere. As a matter of fact, some of memorandum of understanding which Sickness, death and dispossession ar- the experts who have looked at this calls for all nuclear reactors at rived, stayed, and have yet to leave. H5326 CONGRESSIONAL RECORD — HOUSE May 21, 1996 On April 26, 1986, reactor No. 4 at the Mr. MORAN. Mr. Speaker, I have no (Mr. DREIER asked and was given Chernobyl atomic energy station ig- further requests for time, and I yield permission to revise and extend his re- nited, causing an explosion, fire, and back the balance of my time. marks and include extraneous mate- partial meltdown of the reactor core. Mr. GILMAN. Mr. Speaker, I have no rial.) Ten years have now passed since that further requests for time, and I yield Mr. DREIER. Mr. Speaker, this rule terrible day. back the balance of my time. provides for consideration of H.R. 3415, Today, the ghosts of history’s worst The SPEAKER pro tempore (Mr. legislation to repeal the 4.3 cent in- nuclear disaster cannot be avoided in WICKER). The question is on the motion crease in the motor fuel excise tax that the pines and the farmland, now over- offered by the gentleman from New was instituted back in 1993. This is grown, that surround Chernobyl. York [Mr. GILMAN] that the House sus- closed rule providing for 1 hour of de- The city of Pripyat, once home to pend the rules and agree to the concur- bate divided equally between the chair- 40,000, sits empty. rent resolution, House Concurrent Res- man and ranking minority member of Dozens of villages have been aban- olution 167. the Committee on Ways and Means. doned. Mr. SMITH of New Jersey. Mr. The rule waives all points of order The 134,000 people who were evacu- Speaker, on that I demand the yeas against the bill and its consideration. ated from the area won’t be returning and nays. The rule provides for adoption of the to their homes. The yeas and nays were ordered. amendment printed in the Committee An area the size of Rhode Island is The SPEAKER pro tempore. Pursu- on Rules report. The amendment which now a dead zone. ant to clause 5, rule I, and the Chair’s was crafted by the chairman of the The health effects are equally aston- prior announcement, further proceed- Committee on Commerce is intended to ishing. ings on this motion will be postponed. ensure that the revenue loss from the Sadly, cancer among children has tri- f repeal of the Clinton gas tax is fully pled. offset. Ukraine now has the highest rate of GENERAL LEAVE Finally, the rule provides for one mo- infertility in the world. Mr. GILMAN. Mr. Speaker, I ask tion to recommit with or without in- Birth defects have nearly doubled. unanimous consent that all members structions. Mr. Speaker, our government, many have five legislative days within which Now, Mr. Speaker, Bill Clinton has charitable organizations and individ- to revise and extend their remarks on had a somewhat spotty and inconsist- uals have contributed to efforts to re- House Concurrent Resolution 67, the ent record of aligning words with cover from the disaster. measure just considered. deeds, particularly when it comes to We must continue those efforts, and The SPEAKER pro tempore. Is there the issues of both taxes and balancing we must enhance them for the people objection to the request of the gen- the budget. It began with promises of Ukraine. tleman from New York? that he made during that 1992 presi- Ukraine faces many challenges, not There was no objection. dential campaign. He promised to pro- the least of which are the human and f vide middle-income families with a tax economic costs of coping with the ef- cut as well as balance the Federal fects of Chernobyl. PROVIDING FOR CONSIDERATION budget. Upon election, his tax cut pro- Today we must pause to remember OF H.R. 3415, REPEAL OF 4.3-CENT posal changed as fast as the calendar those who lost their lives and those INCREASE IN TRANSPORTATION turned. The budget deal he struck with whose lives were changed forever. FUEL TAXES the Democrat-controlled Congress in We learned many lessons from that Mr. DREIER. Mr. Speaker, by direc- 1993 raised taxes by $275 billion over 5 tragedy ten years ago, and now we tion of the Committee on Rules, I call years. It was clearly the largest tax in- must move forward and help our up House Resolution 436 and ask for its crease in history. Incredibly, it also al- friends in Ukraine prepare for the fu- immediate consideration. lowed Federal spending to increase by ture. The Clerk read the resolution, as fol- $300 billion. His so-called deficit reduc- That is why supporting this resolu- lows: tion was projected to add $1 trillion to tion is so important. the national debt. H. RES. 436 We remember the past and learn from Now, Mr. Speaker, there was no tax the past. Resolved, That upon the adoption of this cut for middle-income families in the resolution it shall be in order to consider in But we also look forward to a future President’s 1993 budget. in which Ukraine and the United the House the bill (H.R. 3415) to amend to In- ternal Revenue Code of 1986 to repeal the 4.3- b 1600 States will enjoy even closer ties, and cent increase in the transportation motor the people of Ukraine will be able to fuels excise tax rates enacted by the Omni- That budget was a tax increase, plain build a new future. bus Budget Reconciliation Act of 1993 and and simple. It was a $275 billion tax in- Mr. Speaker, I urge all my colleagues dedicated to the general fund of the Treas- crease needed for two reasons: so the to join us in passing this resolution ury. All points of order against the bill and President could spend money on new today. against its consideration are waived. The Federal programs and cut less waste Mr. GILMAN. Mr. Speaker, I yield amendment printed in the report of the Com- from old Federal programs. myself such time as I may consume. mittee on Rules accompanying this resolu- In light of the President’s promise of Mr. Speaker, in closing, I want to tion shall be considered as adopted. The bill, a middle-class tax cut, the most egre- as amended, shall be debatable for one hour gious tax increase in the President’s take a moment to recognize the out- equally divided and controlled by the chair- standing humanitarian work that has man and ranking minority member of the 1993 tax increase bill was a 4.3 cent a been done over the last few years by a Committee on Ways and Means. The previous gallon increase in the Federal motor group of high school students in my question shall be considered as ordered on fuel excise tax. President Clinton en- district in New York. the bill, as amended, to final passage with- acted, without a single vote from Re- The Ramapo High School Children of out intervening motion except one motion to publicans in the Congress, the first in- Chernobyl fund has provided $12 mil- recommit with or without instructions. crease in the gas tax that was not di- lion in medicines and other contribu- The SPEAKER pro tempore. The gen- rectly tied to spending on highways tions to children in Belarus who were tleman from California [Mr. DREIER] is and bridges. Let me repeat that. It was affected by exposure to the Chornobyl recognized for 1 hour. the first time ever that a gasoline tax radiation. Mr. DREIER. Mr. Speaker, for the increase was imposed that was not tied I am so pleased to note for my col- purposes of debate only, I yield the cus- directly towards spending on highways leagues such thoughtful, charitable tomary 30 minutes to my very good and bridges. young people. friend, the gentleman from south Bos- Mr. Speaker, this tax increase tar- I am certain those children in ton, MA [Mr. MOAKLEY], pending which geted middle-income working families, Belarus who have benefitted from these I yield myself such time as I may placing a bull’s-eye on the wallet of students’ humanitarian efforts would consume. During consideration of this every American that drives to work, want this Congress to know of their resolution, all time yielded is for the goes to the mall, or packs the family helping hand and hearts. purpose of debate only. into the car to take a vacation. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5327 I can distinctly remember 3 years ago thing liberals neither appreciate nor women who independently set their own when, in our Committee on Rules, we understand, will ensure that gas prices pump prices at the more than 7,000 Chevron heard testimony on the President’s 1993 will be lower after a tax cut than they stations they operate. Many factors influence gasoline prices, budget and tax proposal. Members of would be if taxes were not cut. which are set by competition in the market- Congress from both sides of the aisle, Two of California’s largest oil refin- place. It is impossible to predict where gaso- Democrats and Republicans alike, ing companies, Atlantic Richfield Co. line prices may stand in absolute terms at came before our Committee on Rules to and Chevron, have announced this spe- any time in the future. However, if these request the ability to offer amend- cific point: The reduction in the Fed- taxes are reduced, it is logical in a free mar- ments to strike the tax increases on eral tax will be passed along to con- ket economy that overall prices will in the middle-income families. On top of the sumers at gas stations they own. The future be lower for our customers than they list of the bipartisan requests was to be wholesale price of the gasoline they otherwise would have been by the amount of able to vote on the Clinton gas tax sep- sell to independent dealers will also be the tax decrease. arately. Needless to say, the Congress reduced. ARCO WILL IMMEDIATELY REDUCE TOTAL was not given an opportunity to vote Mr. Speaker, I will place in the GASOLINE PRICE IF 4.3-CENT FEDERAL GASO- on the Clinton gas tax increase. I sus- RECORD at this point the announce- LINE TAX IS ELIMINATED pect the liberal leadership knew that it ments from both Arco and Chevron re- LOS ANGELES.—ARCO Chairman and CEO would have been soundly defeated. garding their policy on gas tax reduc- Mike R. Bowlin said today that ‘‘if the fed- Mr. Speaker, it is time for Congress tions. eral government reduces the gasoline excise to get that opportunity. It is long over- The material referred to is as follows: tax by 4.3 cents per gallon, ARCO will imme- diately reduce its total price at its company- due. We want a vote, up or down, on TEXACO RESPONDS TO GASOLINE TAX operated stations and to its dealers by 4.3 President Clinton’s gas tax. It is an un- REDUCTION PRICE INQUIRIES cents per gallon.’’ fair tax that targets middle-income WHITE PLAINS, N.Y., May 9.—Texaco stated The ARCO chairman said in an interview suburban and rural families, largely ex- today the actions it would take in the event on ABC’s ‘‘Nightline’’ broadcast on May 7, empting those who live in cities and Congress repeals the 1993 federal gasoline tax that he had ‘‘simply been cautioning that have a chance to take advantage of of 4.3 cents per gallon. ARCO is not able to accurately predict in- mass transit that is so often subsidized There are approximately 13,600 Texaco- dustry behavior, cannot legally control its branded service stations throughout the by the taxes of suburban and rural fam- dealers’ pricing, and that other factors may United States. For the approximately 1,000 influence changes in overall market prices. ilies. It also falls much harder on large company owned and operated service sta- families with children, who tend to All other things being equal, we would ex- tions where the company sets the pump pect the price of gasoline to fall 4.3 cents per drive larger cars that are not quite as prices, Texaco would reduce the gasoline gallon.’’ fuel efficient as the smaller ones. Four- prices it charges to customers, all things An ARCO spokesman said that ARCO has a point-three cents a gallon may not being equal, by the amount of the tax de- proud tradition of acting responsibly in its sound like much, and people have con- crease. In addition, Texaco would reduce the gasoline pricing decisions in times of na- stantly said it will work out to only $25 level of tax it collects from its independent tional upsets. He noted that during the Gulf wholesalers by the amount of the tax de- or $35 a year for people, but when mar- War crisis in 1990, ARCO had been a leader in crease. announcing that it would freeze gasoline ket forces push gas prices above $2 a However, at the approximately 12,600 Tex- gallon, as they have in some of the prices. Eventually, that led to a situation aco-branded service stations which are where ARCO was unable to meet demand for cities that I represent in California, owned or operated by independent business its gasoline and was forced to raise prices in the added burden imposed by the Fed- people, Texaco is precluded by law from set- line with market conditions in order to pre- eral Government hurts. ting pump prices at these locations. vent its dealers from running out of gasoline. As gas prices have risen over the past All of the gasoline inventory held in stor- The ARCO spokesman said that ‘‘gasoline few months, government taxation of age in bulk plants and service stations on prices have increased some 20 to 30 cents per the effective date of any tax repeal will have motor fuel, both at the State and Fed- gallon over the last few months. Obviously already incurred the full pre-repeal tax of 4.3 no one can promise that even though the eral level, has come under increasing cents per gallon. Unless a refund system is scrutiny. The California Assembly re- marginal cost of gasoline is reduced by a 4.3 put into place, prices consumers pay at the cents per gallon tax reduction on a given cently voted to eliminate the State’s pump could remain at pre-repeal levels until day, some other factors may not simulta- double taxation of gasoline, dropping that higher-cost inventory gasoline is sold. neously influence the market price of gaso- Many factors, including the competitive the State’s sales tax that was applied line.’’ to the portion of gas prices accounted environment in which a station conducts ARCO chairman Bowlin said: ‘‘What we business, influence the price of gasoline at a for by State and Federal excise taxes. can say is that ARCO will immediately re- service station, thereby making it impos- duce the total price of gasoline at our com- This tax cut should shave off 3 cents a sible to predict gasoline prices at any time gallon in California, Washington can do pany-operated stations and to our dealers by in the future. 4.3 cents per gallon. I can also tell you that The repeal of the 1993 4.3 cents per gallon its part in reducing prices at the pump our internal forecasts suggest that gasoline federal gasoline tax would reduce the aver- by enacting the 4.3-cent reduction pro- prices are headed lower. We believe that the age nationwide state and federal tax on gaso- posed by three California Members, the vast majority of responsible economists line from 42.4 cents to 38.1 cents per gallon. gentlewoman from Shell Beach, CA, would say that a reduction in excise taxes In the competitive market in which the in- ANDREA SEASTRAND, the gentleman would be passed through about penny-per- dustry operates, lower taxes will result in penny at the pump.’’ from Windsor, CA, ED ROYCE, as well as lower prices. the gentleman from new Jersey, DICK Mr. Speaker, I strongly suspect that ZIMMER. CHEVRON RESPONDS TO FEDERAL GASOLINE major refiners around the country will Mr. Speaker, there have been some TAX ISSUE pursue this same policy. The market who have made the absurd argument SAN FRANCISCO, May 8.—In response to will dictate that consumers benefit as that reducing the Federal gas tax will many comments in the press and from cus- to this tax cut to the same degree that not lower gas prices. In response, I tomers concerning possible oil company ac- they suffered from the original tax in- would simply recall that there was no tions in the event of a decrease in the federal crease. Arguments to the contrary are question from the Congressional Budg- gasoline tax, Chevron released the following nothing but a smokescreen to avoid statement: et Office or the Joint Committee on Any decrease in the federal gasoline tax cutting taxes. Taxation back in 1993 regarding the im- would be immediately reflected in the prices Mr. Speaker, the time has come to pact of President Clinton’s 4.3-cent a Chevron charges to motorists at our 600 com- give Congress the straight up-or-down gallon gas tax increase. The money was pany-operated stations in the U.S. through vote on the Clinton gas tax that was unquestionably going to come out of reductions which, on average, would equal requested and denied back in 1993. The the pockets of families and businesses the amount of the tax decrease. We also sep- time has come to begin to pare back buying gas. The projected tax tables arately collect these taxes from our thou- the largest tax increase in American showed that the consumers were the sands of Chevron dealers and jobbers history, starting with hardworking throughout the U.S., and we would imme- intended target, not the oil companies. diately reduce our collections from these middle-income families. Remember, Likewise, there is no question today dealers and jobbers by the amount of the tax this is just the beginning of our at- that regarding the benefits of cutting decrease. However, these Chevron dealers tempt to pare this back. I am one who the gas tax, the free market, some- and jobbers are independent businessmen and supports a 15-percent across-the-board H5328 CONGRESSIONAL RECORD — HOUSE May 21, 1996 personal income tax cut, which would spending increases, consume the in- the opportunity to determine who this go a long way toward repealing the creasingly scarce means available to gas tax repeal is to benefit. Clinton tax increase of 1993, and I hope reduce budget deficits, making the Mr. Speaker, to summarize, we op- that this will begin our step down that task of reaching a balanced budget pose this rule and, at the proper time, road of trying to bring about a modi- that much harder. we shall urge defeat of the previous cum of responsibility. Furthermore, repeal will not be the question. Mr. Speaker, I urge my colleagues on great boon to Americans that pro- Mr. Speaker, I reserve the balance of both sides of the aisle to support this ponents claim. It will save the typical my time. rule and present the American people middle-income family only about $27 a Mr. DREIER. Mr. Speaker, I yield with a clean up-or-down-vote on a pro- year. myself such time as I may consume. posal to have the Federal Government The fact is, even with the 4.3-cents Mr. Speaker, I would respond to my stop taxing motor fuel quite so much, per gallon Congress added in 1993, the friend by saying that we have the best letting families keep a little bit more Federal and State tax on gasoline is consumer protection vehicle, and that of the money they earn. much lower in the United States of happens to be the free market. I said in Mr. Speaker, I reserve the balance of course, as Members know, than in Eu- my statement that I have press re- my time. ropean countries and much of the rest leases which I have entered into the Mr. BEILENSON. Mr. Speaker, I of the world where taxes run between RECORD that have come from two of yield myself such time as I may $1 and $3 a gallon. Part of the reason the so-called big oil companies based in consume. we are vulnerable to the kind of sudden my State of California. Mr. Speaker, we strongly oppose this surge in gasoline prices that we have closed rule for H.R. 3415, the bill pro- I am not here as an apologist for the seen recently is because we refuse to oil companies, but the fact of the mat- viding for a temporary repeal of the tax ourselves at a level that will dis- 4.3-cent gas tax. ter is that on ABC’s Nightline, Mike courage consumption. Bowlin, the chairman and chief execu- The rule shuts out all amendments, Our many years of low gasoline tive of the Atlantic Richfield Co., said including those that were offered to en- prices have lulled Americans into ‘‘If the Federal Government reduces sure that the gas tax repeal goes to thinking that we will have cheap gaso- the gasoline excise tax by 4.3 cents per consumers, and not to the oil compa- line forever. Our expectation of low gas gallon, ARCO will immediately reduce nies. No matter whether one supports prices has had many harmful effects: its total price at its company-operated the temporary reduction of 4.3 cents or It has lessened the already very stations and to its dealers by 4.3 cents whether one thinks it is an irrespon- minor incentive that exists to conserve a gallon.’’ Chevron says, ‘‘Any decrease sible action—both fiscally and environ- energy and reduce our Nation’s depend- in the Federal gasoline tax would be mentally—surely everyone expects ence on imported oil. immediately reflected in the prices that the savings will be returned to our It has continued to encourage inten- Chevron charges to motorists at our 600 constituents in the form of lower prices sive residential development further company-owned stations in the United at the pump when they purchase their and further away from central urban States.’’ gasoline. areas; It has provided an incentive for Mr. Speaker, we are being required to the purchase of larger, heavier vehi- My colleagues on the other side of vote on legislation without being given cles, leading to increased oil consump- the aisle insist on mandating this, the chance to consider reasonable al- tion and contributing to the ever-rising mandating it. My friend, the gen- ternatives that would, in fact, protect costs of road repair; It has contributed tleman from San Diego, during 1-min- consumers. We think that is com- to air pollution—and the costs of fight- utes today, kept saying we have to im- pletely unjustified and, at the appro- ing it, which in California is respon- pose a mandate to make sure that this priate time, we shall urge our col- sible for 5 to 15 cents of the recent gas goes on. We happen to believe in the leagues to defeat the previous question price increase. free market. I happen to take these so those amendments can be made in We could slow these trends by letting people from these companies at their order. market forces work and retaining the word. I know it is politically popular to Many of us think the bill itself is an existing gas tax. Raising the gasoline bash the hell out of big oil, but the fact irresponsible political reaction to tem- tax, which I realize is out of the ques- of the matter is they have stepped up porary fluctuations in the market price tion, but which would be the most sen- to the plate and said that it is going to of oil, and are therefore, also strongly sible move, would obviously lead to be passed on to the consumer. Before opposed to the legislation. What we are even more progress. we pass another law imposing con- doing today is voting on repealing the For all these reasons, this legislation straints on them, I think we should 4.3-cents gas tax that was part of the repealing the 4.3-cent gas tax is a not a maybe try the free market. 1993 deficit-reduction package that wise step for us to take. It would, rath- Mr. Speaker, I yield such time as he many Members fought so hard for, er, serve the best interests of our Na- may consume to my friend, the gen- without a single Republican vote. tion and protect hard-won deficit re- tleman from Glens Falls NY [Mr. SOLO- Democratic Members took a great deal ductions if this legislation was de- MON], the chairman of the Committee of criticism at that time and there- feated. on Rules. after, at election time, but the fact is, In any event, Mr. Speaker, our Re- Mr. SOLOMON. Mr. Speaker, I thank that legislation was a success. This publican colleagues seem determined the gentleman from Claremont, CA, year’s deficit will be down to about $155 to make sure this bill will not result in who is vice chairman of the Committee billion, less than half its 1992 level of savings for American consumers any- on Rules, for yielding time to me, and $290 billion. Frankly, if Democrats had where near 4.3 cents a gallon. for leading off this debate on one of the not made that very difficult decision in For that reason, I urge my colleagues most important issues that will come 1993 and voted for unpopular deficit-re- to join me in opposing the previous before this body this week, that is for duction measures, including the addi- question so we can give this tax cut to sure. tional 4.3-cents gas tax, none of us our constituents—to American driv- Mr. Speaker, for those members who would even be in the position of talk- ers—not to big oil companies. may be back in their offices, I know ing about the possibility of balancing If the previous question is defeated, I this is the first day back today, but I the budget 6 years from now, in the shall offer an amendment to the rule to guess if we really want to point out the year 2002. make in order three consumer protec- differences here, my good friend, the Proponents of this $2.9 billion gas tax tion amendments to guarantee these gentleman from California, TONY BEIL- suspension argue that it will not affect savings are passed on to the American ENSON, who will be retiring this year the deficit because it is paid for by off- people. Every single one of these from the Congress and who came here, sets. But what they don’t say is that consumer protection amendments was I think, in 1976, so he has been here a every tax cut, and every spending in- rejected by the majority in the Rules long time, but to point out the dif- crease affects the deficit. Offsets that Committee last week, but we feel ferences, my good friend, the gen- pay for tax cuts like this one, or for strongly that the House should have tleman from California, would like to, May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5329 I think I have heard him say on a num- gallon on January 8, 1996, to $1.28 per ever else. It does not need to be done. ber of different occasions, increase the gallon on May 7, 1996. In some areas, It should not be done. gasoline tax by 50 cents. prices are even higher. The fact is that 6 months ago oil In my district, which is about 250 or I know in the district that I rep- prices were at the lowest level in 50 260 or 270 miles long, depending on resent, which I have just described, in years in terms of real dollars, and that which road you take, 10,000 square upstate New York gas is as high as oil prices dropped after the 4.3 gas tax miles, it is mostly rural, but we do not $1.33 per gallon for regular gas today, was put in, so this spike in gas prices have buses and trains and subways. We and that is really a tremendous in- has nothing to do with this 4.3 cent certainly do not have any subsidized crease. In Mr. DREIER’s State, I think tax. It has everything to do with a cal- buses and trains and subways. People he just mentioned, certainly Mrs. culated decision on the part of the oil have to pay their own way. This 5 cent SEASTRAND sitting across the way here, companies. Even knowing that we had tax already cost them about $40 or $50 prices in some parts of their States are experienced a very harsh winter, that more per year. Imagine what a 50-cent now over $2 per gallon. demand for oil was going to go way up, increase in the tax would cost them on For my constituents who reside in they deliberately depleted their sup- what it already costs them, if they pay the mid-Hudson Valley in a district plies, and it worked. $1.30, $1.40 or $1.50 per gallon to drive that is 270 miles long, this is a severe If we look at the first quarter profits back and forth to work. So think about economic crunch brought about by for oil companies, they have been up that, because that is the difference be- President Clinton’s tax package. Many over 40 percent in the first 3 months of tween their argument and ours. citizens in my district drive 100 miles a the year, and of course the executives Mr. Speaker, this bill does repeal one day round trip. That amounts to 25,000 that run those oil companies made out of President Clinton’s most burden- miles per year or more. Any kind of a beautifully. Consider that the average some taxes on the middle class, on relief from these exorbitant gas taxes salaries and expenses for the top six oil working Americans, his 41⁄2 cent in- for these people who drive so far on a companies was $1.5 million per execu- crease in the transportation motor fuel daily basis is sorely needed, Mr. Speak- tive. But in addition, just in March and excise tax in 1993. Perhaps the only one er. April alone, the value of their stock op- more onerous than that perhaps was Mr. Speaker, the severe winter, the tions rose by $32.8 million as a direct the increase in the Social Security tax Mideast politics and other market result of this policy. It worked. during that same bill, which was the forces certainly have contributed to Now we hear about the free market biggest tax increase in history. the sharp increases in the price of gaso- system. What free market system? If it Mr. Speaker, since gas prices have line. However, no one can deny that was really a free market system, we soared in recent months, there have the long-term impact of the President’s would see some oil companies coming been some attempts at revisionist his- tax increase which has hit consumers in and trying to seize a larger share of tory of how the gas tax came about. directly at the gas pumps. the market because clearly they do not Let us review the painful legislative For those who drive up to 100 miles a need to charge this much. history of that. In early 1993, when the day to get to work in the morning and If we look at California, where gaso- Democrats controlled Congress and the get home at night, any kind of tax re- line prices have jumped more than 30 White House, that meant they con- lief is greatly appreciated, and this re- cents a gallon since mid February, the trolled everything, it seemed at the peal of the 4.3 cent gasoline tax in- Los Angeles Times reported that the time there was no tax that the Clinton crease is only a minor component of a refiners’ profit margin per gallon of administration did not like. Let me larger program to provide tax relief to gasoline sold at retail has more than tell the Members, they loaded up that all Americans. But this repeal is a huge doubled since December. The profit bill. That is how we got the biggest tax step in the direction of beginning to re- margin more than doubled from 21 increase in history, including this one. peal taxes around here instead of inces- cents per gallon to 46 cents per gallon. When the 1993 budget reconciliation santly increasing them. Let us stop That is where the money is going. The bill passed the House by a vote of 219 to this, and let us enact this bill. money is not gong to purchase the oil. 213 without a single Republican vote, it Mr. BEILENSON. Mr. Speaker, I The money if going into the profit of contained an excessive energy tax. I yield 4 minutes to the gentleman from the oil companies, a calculated deci- think they called it, what did they call Virginia [Mr. MORAN]. sion. it, the Btu tax, I think it was. Mr. MORAN. Mr. Speaker, I thank Now we are going to come around my friend and colleague from Califor- and add $3 billion to the taxpayers’ b 1615 nia, Mr. BEILENSON, for yielding me the debt to reduce their gas taxes? It does Most people never heard of it until it time. not need to be done. We know that gas was brought up on the floor that day. I Mr. Speaker, one cannot believe that prices are going to drop because of Iraq think it was a British thermal unit the American consumer will not see selling more oil on the market. This tax, is what it was, in which an excise through this. Why would the majority kind of thing is a sham. It is political tax is levied on all forms of energy not agree to an amendment to ensure pandering. It ought not be done. We based on the thermal or heat content that the 4.3 cents goes to the ought to protect the consumer’s inter- of a fuel. That is how ridiculous that consumer? What is wrong with that? est. We should at least allow an amend- tax was. We quote some of the executives of oil ment to ensure that the money goes to When the bill emerged from the con- companies that say they will do it. If the consumer. ference, it contained a permanent 4.3 or that is the case, it would not hurt Mr. DREIER. Mr. Speaker, I yield 4 41⁄2 cent increase in gas taxes. That leg- them. Why not build that into the law? minutes to my very good friend from islation, if Members recall, passed by Now the reality is that gas prices are Shell Beach, CA, Mrs. SEASTRAND, who just two votes. The American people gong to drop. The fact is that gas represents the Santa Barbara County got saddled with it because of two peo- prices are going to drop substantially area. Mr. Speaker, let me just say that ple who did not switch their vote. in the very near future. We just got an she is the lead author of this legisla- Mr. Speaker, I wish we had time to agreement that Iraq will be able to sell tion which calls for the repeal of the 4.3 undo all the damage contained in that 2 billion barrels of oil, so we know gas cent a gallon gas tax. 1993 tax package, which was of course, prices are going to drop dramatically. Mrs. SEASTRAND. Mr. Speaker, I as I have said, the biggest increased in But this will ensure that we will lose rise in strong support of the rule to taxes in the history of this Congress. $3 billion of revenue this year if we H.R. 3415, legislation I introduced to Mr. Speaker, as Chairman ARCHER of build it into the budget resolution. We temporarily repeal the 4.3-cent gas tax the Committee on Ways and Means tes- have been talking about $30 billion which was part of the President’s and tified before the Committee on Rules, over the long term, but if it is just 1 the 103d Congress’ $268 billion tax in- the Nation is experiencing a spike in year, it is $3 billion that the consumer crease package. gas prices this year. It is estimated has to pay for. It increases their defi- It is important that this legislation that average national regular gasoline cit, it reduces revenue that they will be considered as expeditiously as pos- prices have increased from $1.09 per get from spectrum auctions or what- sible to provide relief from the recent H5330 CONGRESSIONAL RECORD — HOUSE May 21, 1996 surge in gasoline prices, particularly Mr. HEFNER. Mr. Speaker, it seems idea, why do you not make it perma- before the Memorial Day holiday as the that every debate we have around here, nent? Why did you not go back and demand and price of gasoline increase it centers on the President’s package of pick up the 10 cent a gallon tax that as we approach summer and Americans 1993. I would just like to remind the your Presidential candidate helped put significantly increase their amount of gentleman, I do not know about this on several years ago, and make it like driving. district, in my district the package we 15 cents? Repeal the whole 15 cents and In my congressional district located passed in 1993 with all Democratic give the consumer a real break on gas- on California’s central coast, the price votes, 55,000 of my constituents had a oline prices. This is something that of gas has risen sharply since April. In tax cut because of the earned income just does not make a lot of sense to me, some parts of my district the price of tax credits; 1,100 people had a tax in- unless you can mandate the consumer gasoline has actually increased to over crease. gets the benefit of the tax cut. $2 for a gallon of 93 octane gasoline. Now we talk about repealing the 4.3 Mr. DREIER. Mr. Speaker, I will say There are a number of variables that percent gasoline tax, which I would I totally concur with my friend. I want contributed to the gasoline price surge. like to vote for if I could be assured to see the consumer benefit from this There has been a reduction in the sup- that when my mothers and fathers and tax cut. ply of gasoline due to the extremely aunts and people taking the kids to Mr. Speaker, I reserve the balance of harsh winter we just experienced caus- Little League and going to Disney my time. ing oil companies to convert petroleum World, when they drive up to the pump, Mr. BEILENSON. Mr. Speaker, I into heating oil rather than gasoline. they are going to get a 4.3 percent de- yield 3 minutes to the distinguished Another reason for the surge of gaso- crease in their gas tax. gentleman from West Virginia [Mr. line prices in my State is related to re- You say that you believe in the free WISE]. cently instituted regulations mandat- market, but you do not believe in de- Mr. WISE. Mr. Speaker, I am fas- ing the refining of cleaner burning gas- mocracy. You do not believe in giving cinated. I keep hearing about President oline; these new regulations will sig- us a chance to vote on some assurance Clinton’s gas tax that was passed in nificantly reduce air pollution in Cali- that the consumer is going to get the 1993. That was actually part of a much fornia; however, they do have their benefit of this 4.3 cents a gallon. You larger bill. I never hear about other price, which is about a dime a gallon of are going to trust the oil companies parts of that bill. How about President gas. that are in the business of the bottom Clinton’s tax cut, the tax cut that went By repealing the 4.3-cent gas tax by line, the profits. To me this just does to 100,000 working West Virginians one-third as proposed in my bill, Cali- not make any sense. making under $26,000 a year, that more fornians will see a savings of over $225 Mr. DREIER. Mr. Speaker, will the than offset any increase they saw in million in 1996. It is important to bear gentleman yield? the gas tax? How about President Clin- in mind that the gas tax we are consid- Mr. HEFNER. I yield to the gen- ton’s deficit reduction plan, that has ering today is unlike all other Federal tleman from California. brought the deficit down far more than taxes American consumers pay. The Mr. DREIER. Mr. Speaker, if I could anybody thought, from around $290 bil- revenues generated by this gas tax de- respond very briefly by stating that it lion to $135 billion, more than half in 3 vised by President Clinton and the 103d is very, very clear that when we years? How about President Clinton’s Congress, do not go to the highway brought this issue up in 1993, we tried tax cut plan, that actually dropped trust fund to repair and build roads to get a straight up-or-down vote on taxes for large numbers of West Vir- across America. The money go directly ginians? So the result is that today, we to the U.S. Treasury to be spent on this tax increase that was a part of the have an economy that has actually miscellaneous Government expenses. Clinton overall tax increase legisla- been growing when Members of the Repeal of this law for the remainder of tion, and unfortunately we were denied other side, Mr. Speaker, said it would 1996 would reduce taxes for American that. What we are saying now is we do not be retracting. consumers at the gas pump by over $21⁄2 But my main concern on this is how billion and would reduce the costs for support mandates. We do not support do you protect the consumer. I am of- many other goods and services that are the constant imposition of constraints fered two press releases from oil com- currently inflated due to the high price from the Federal Government onto the panies, large oil companies, that say of gasoline. Furthermore, it would re- private sector. We have statements trust us, do not worry, we will pass the establish the 8,000 jobs in California that have come from those in the pri- 4.3 cents along. and the 69,000 total jobs lost in this vate sector, that they will pass on to I tried that out yesterday, Mr. country when the tax was enacted in your relatives and your constituents Speaker, at a gas station in West Vir- 1993. who are driving to Disney World or This tax repeal is a break the Amer- wherever else they want to go this ginia, as I was paying $1.32 I believe for ican consumer deserves, is long over- summer, that they will have a 4.3- regular. I tried that out. They said, due, and keeps us on target toward bal- cents-a-gallon reduction in the tax ‘‘Bob, how are we going to guarantee ancing the Nation’s Federal budget by they have to pay. Now, why we have to the consumer is protected?’’ When I said ‘‘That is OK, it is going to be the the year 2002. Mr. BLILEY’s amendment proceed with having the Federal Gov- to the legislation assures us that the ernment impose a mandate on us is marketplace,’’ they all broke out repeal will be paid for by auctioning 35 preposterous to me. laughing. They know the 4.3 cents is not coming back. megahertz of the electromagnetic spec- b 1630 trum. This legislation coupled with re- Yes, you may see the price drop off ductions of wasteful spending at the Mr. HEFNER. Mr. Speaker, let me the tag on the marquee for a day or Department of Energy provide the nec- just make a couple of points. You talk two, but when it goes back up again, essary offsets to ease the pocketbooks about wanting to give some tax relief you will say ‘‘You did not pass it of American consumers. to the working Americans, but in your along.’’ They will say ‘‘Daggone, you Again, Mr. Speaker, I urge my col- budget that you passed here last week, know the futures market. It is terrible leagues to support the rule and the you cut earned income tax credit, today.’’ That is what concerns a lot of subsequent legislation that will be con- which is going to be a tax increase to us, Mr. Speaker. Why can your party sidered to repeal the 1993 gas tax. working Americans. It seems to me if not simply permit us a vote that says Mr. BEILENSON. Mr. Speaker, I you wanted to make sure that the con- the consumer definitely gets the bene- yield 2 minutes to the gentleman from sumers get the 4.3 cents benefit from fit of this? North Carolina [Mr. HEFNER]. the repeal of the tax cut, that it should I hear a lot about the free markets. Mr. DREIER. Mr. Speaker, I yield 1 be mandated that it be passed on. The free market works best when the minute to the gentleman from North You have two letters. I do not know consumer actually gets what they paid Carolina [Mr. HEFNER]. how many oil companies there are in for. So if the consumer is to get the (Mr. HEFNER asked and was given the United States, but that is not even benefit of the 4.3 cents, let us offer an permission to revise and extend his re- 1 percent of the oil companies in the amendment. But you will not do it, Mr. marks.) United States. And if it is such a great Speaker. You will not let us offer an May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5331 amendment to guarantee the consumer ers, but it would have achieved this izations to pay for this bill, not budget gets the benefit of this. goal in a way that is fiscally respon- authority. Even the CBO says that will You instead take the money you save sible, environmentally sensitive, and not work and will not pay for the bill. from spectrum sales and cutting $800 truly responsive. On the Committee on the Budget last million from the Energy Department. According to the Joint Tax Commit- year, there were safeguards put into That is interesting. The reason we are tee, a repeal of the gas tax through the the budget to ensure that we would not in this pickle is because we are 50 per- end of the year would cost $2.9 billion. get into the easy route of cutting taxes cent dependent at least on foreign oil Repealing the 54-cent ethanol subsidy without balancing the budget and with- producers for our energy, and yet we would reap $2.6 billion over 5 years and out paying for those tax cuts. There are going to cut the agency that tries almost $10 billion over 10 years. The was a mechanism placed in there to to make us energy independent. ethanol subsidy has proved to be one of prevent that. That was left out of this But at any rate, you say there is $3 the biggest boondoggles in the history budget, and I attempted to put it back billion to be found. If there is $3 billion of the Congress. According to the in last week when we debated the bal- to be found someplace else, could we Treasury Department, it costs $5.3 bil- anced budget that was proposed here. use that for deficit reduction too? lion in the last 10 years. The ethanol They refused to put it back in. Could we use that, instead of ulti- subsidy also costs the highway trust Why? Because apparently they want mately having to cut education, having fund $850 million per year. to come forward with additional cuts to cut highway construction, having to I might add that 50 Members of the in taxes that are not paid for, that are cut infrastructure, and could we use House on both sides of the aisle have not part of a balanced budget. The that instead of having to cut the pro- introduced legislation to repeal this. In chairman of the Committee on the grams that help our economy to grow? fact, a majority of the House voted to Budget said, ‘‘Trust me. I will not Oil company profits, Mr. Speaker, repeal the ethanol subsidy last fall, allow bills to come before this floor went up 40 percent in the first quarter only to see it stripped by the majority which increase the deficit, which cut of 1996 over the first quarter of 1995. in the Senate. taxes, and which are not part of a bal- Certainly it seems to me that couple of Finally, my amendment would have anced budget proposal.’’ press releases are not sufficient, and if allowed an alternative to the con- Here we are, one week later, also the consumer is to be guaranteed he or troversial funding offset of spectrum being told by the gas companies, trust she will get that 4.3 cent a gallon cut, auctions which the bill proposes. them, they will pass it on to the con- that we ought to be guaranteed some- Frankly, as I said, no member of the sumers. thing more than two press releases and authorizing committee testified in Mr. BEILENSON. Mr. Speaker, I ‘‘Gosh, we hope so.’’ I think it requires favor of this spectrum auction before yield 4 minutes to the distinguished the Committee on Rules, underscoring legislation. gentleman from Michigan [Mr. DIN- its dubious fiscal estimates. Please, let us offer the amendment GELL], the ranking member of the pol- We should cut the gas tax, but we that safeguards the consumer and icy committee. should do so responsibly. Unfortu- make sure that this cut in the gasoline (Mr. DINGELL asked and was given nately, this Congress will not have tax goes to them. If you are not going permission to revise and extend his re- that opportunity today. The Members to do that, let us not play this game. marks.) of this House cannot be trusted with Mr. BEILENSON. Mr. Speaker, I Mr. DINGELL. Mr. Speaker, I rise in this responsibility according to seven yield 3 minutes to the gentleman from opposition to this outrageous gag rule, members of the Committee on Rules. and I urge my colleagues to vote down Texas [Mr. BENTSEN]. I urge my colleagues as a result of the previous question. When historians (Mr. BENTSEN asked and was given that to defeat this rule, to defeat the write the results of today’s discussions, permission to revise and extend his re- previous question, and open this up and marks.) let democracy be part of this House. they are going to write that in a Mr. BENTSEN. Mr. Speaker, I rise Mr. BEILENSON. Mr. Speaker, I shameful and a shameless fashion, this today in opposition to the closed rule yield 2 minutes to the gentleman from Congress tried to gull the American on H.R. 3415. Let me say from the out- Utah [Mr. ORTON]. people into a belief that some way or set that I find it a little surprising and Mr. ORTON. Mr. Speaker, I thank another they are going to get 4.3 cents a little ironic it has taken the Repub- the gentleman for yielding time. a gallon back on gasoline. licans 18 months to decide to repeal Mr. Speaker, I rise in opposition to Nothing is further from the truth. this tax. Why was it not in the Con- this rule. There are no amendments al- The big oil companies are already rub- tract With America? lowed. It is a closed rule. There were bing their hands and licking their I had hoped to have the opportunity amendments proposed to ensure that chops, because they are going to get today to offer an amendment to repeal the tax cuts would be passed on to the that 4.3 cents per gallon, and it ain’t this 4.3-cent gas tax for the remainder consumers, to make it permanent, to ever going to get to the people of the of the year, and offset that cost with ensure that it would cure the defects in United States. And if you go home and the repeal and immediate elimination this bill, the No. 1 defect being the fact tell your people so, you are not going of the ethanol subsidy. However, my it is not paid for. My former colleague to be telling the truth. colleagues on the Committee on Rules, just explained an amendment which Now, beyond that, I wanted to point the majority of my colleagues on the would have paid for this. None of these out that this is a gag rule. Now, I love Committee on Rules, would not allow amendments will be allowed. This bill my dear friend, Mr. SOLOMON. He is a such a vote. Instead, the Republicans will increase the deficit. fine gentleman and a fine Member of have once again asked this Congress to Now, I opposed the gas tax increase this body. But I call him ‘‘Closed-rule- consider important legislation without in 1993. I felt that it was unfair for peo- SOLOMON’’ and have done so for some full and open debate, and perhaps ple in the West to pay more for deficit time. I know it is offensive to him in worse, without the full assurance that reduction than those in the East who the supreme to have to offer rules this will not add to the deficit. had access to mass transit. But the re- which make it possible for Members In fact, not one member of the au- peal should be permanent and should like me to have a decent opportunity thorizing committee for spectrum sales be paid for, not just election year poli- to amend the legislation such as we testified in favor of such spectrum tics in search of votes. The gas tax will have before us. sales or spectrum auctions. No hear- go up right after the election. What this bill does is it is going to ings have been held. We do not know This bill is not paid for. The spec- give 4.3 cents per gallon to the big oil whether it will pay the tab. trum auction last year was included in companies, and they are going to enjoy Furthermore, Mr. Speaker, the last year’s budget, by the way, as a it mightily. That comes down, my dear American people deserve common method to pay for deficit reduction. friends and colleagues, to $4 billion sense legislation to provide relief for Now it is being ponied out to pay for that you are giving to oil companies, soaring gas prices. My approach would gas tax repeal. that really do not need it. Their bal- have repealed the gas tax and provided This bill also uses sleight of hand by ance sheets are healthy in the extreme immediate relief to American consum- attempting to decrease future author- and their stock is going up daily. H5332 CONGRESSIONAL RECORD — HOUSE May 21, 1996 Members in this body, because of this panies get the money, and not the con- side of the aisle and came over here be- closed rule, will have no opportunity to sumers. cause of his understanding of the free vote on amendments that will put this Mr. DREIER. Mr. Speaker, I yield market process? 4.3 cents per gallon gas tax into the myself such time as I may consume. Mr. TAUZIN. Mr. Speaker, I would pockets of their consumers. The only Mr. Speaker, I would like to say we respond to the gentleman that that thing that is going to happen is the oil have had many more open rules, and to was certainly part of it. companies are going to get that call my friend JERRY SOLOMON ‘‘Closed- Free markets make sense in Amer- money, and the deficit is going to go up rule-SOLOMON’’ is clearly a misnomer. ica. We applaud them. We are pleased by $4 billion. We in this Congress have seen a dra- with them. My liberal friends who like Fiscal responsibility? No. Oil compa- matic improvement in the free flow of gasoline taxes believe that the price of nies would say so, yes, but the average debate, as has taken place on the floor gasoline should be really high so Amer- citizen will say so, no. Indeed, oil of the Congress here, and the numbers icans will not use it any more. That is prices are going to go down because the actually prove that. their theory. So they keep adding taxes Iraqis are now entering the world mar- Mr. Speaker, I yield 21⁄2 minutes to on it. kets because of the understandings in the gentleman from Louisiana [Mr. Those of us who believe in the free the U.N. the other day. TAUZIN], a member of the Committee markets know that if we produce more Now, there is simply no mechanism on Commerce. at home, if we produce more at home and not depend upon foreigners all the in this legislation whatsoever for en- b 1645 suring that the tax reduction actually time, then we can really get prices we reaches the consumer at the pump. In Mr. TAUZIN. Mr. Speaker, I thank can depend upon. When we depend on short, this bill and this rule will do my friend from California for the time. somebody else to make our products, nothing for the typical American Mr. Speaker, there are many things they set the prices and we may not like consumer. That is why I urge a no vote that may be uncertain about the mar- them. When we raise taxes on a prod- on the rule, and why I urge a no vote ketplace, but let us talk about a few uct, we raise the prices to consumers. on the previous question. things that are certain. The adminis- It is that simple. If you have read the papers, you have tration, when it passed this 4.3-cent gas Mr. BEILENSON. Mr. Speaker, I seen that time after time, spokesmen tax told us it would not really cost the yield 2 minutes to the gentleman from for everybody, including the big oil consumer anything, and now, when we Pennsylvania [Mr. FOGLIETTA]. (Mr. FOGLIETTA asked and was companies and economists and govern- are about to repeal it, they say it will given permission to revise and extend ment people, have said this money is not really save the consumer anything. his remarks.) going to the oil companies, it is not Let me be clear. Gasoline prices cost 4.3 cents more than they should be- Mr. FOGLIETTA. Mr. Speaker, with going to the ordinary citizen. Beyond this closed rule, we have run out of gas cause of the 4.3-cent a gallon tax. that, when our committee had hearings on gag rules. In 1981, the combined State, local and a couple weeks ago, Dr. Phillip It was clear from day one that there Federal taxes on gasoline was 13 cents. Verleger, a respected energy expert at would not be opportunity to be heard Charles River Associates and a witness Today, the average in America is 39 on this election year gimmick. There is selected by the Republicans, was cents. That is 26 cents more than it no guarantee that the repeal of this tax quoted widely in the press as saying should be costing because of taxation. will trickle down to our constituents— consumers will not see any of this re- When we reduce taxes, we make gaso- and thus this is just another Gingrich peal reflected in the pump prices. line cost less. When we raise taxes we gift for corporate America and fat cat Mr. Charles DiBona, an old and re- make gasoline cost more. What could contributors. spected and valuable friend of mine, a make more common sense? The one way to guarantee that work- fine and honorable gentleman, who But if we really want to look at the ing people will feel any benefit from heads the American Petroleum Insti- price of gasoline, look at the fact today our action on the gas tax would be tute, had a little more optimism on it. we are more dependent on foreign pro- through the compromise I wanted to He thought consumers might see some ducers and refiners than ever before. offer today. of this money back, but he never said We have not built a refinery in Amer- I start with the premise that repeal- when. I asked Mr. DiBona whether he ica for 20 years. And those who com- ing this tax is wrong. In 1993, Demo- thought the oil industry would support plain about gasoline prices should crats, alone, had the courage to pass an amendment that would ensure that think about their votes to create mora- the largest deficit reduction effort in consumers would get this 4.3 cents per toriums against drilling; think about history and it is working. We have cut gallon back. He demurred, because he their votes to prevent the production the deficit in half, and just today the understood full well that his clients of hydrocarbons and refined products estimate of the deficit was lowered by and his people and the American Petro- in America; think about the fact that another $15 billion. We should not go leum Institute were going to fatten today we are more dependent on Sad- back. themselves to the tune of $4 billion at dam Hussein and Iraq than we were My compromise recognizes the politi- a 4.3 cent per gallon clip at the expense yesterday; think about the fact that cal reality—it is going to pass. My of the American consumers. the price at the pump includes all of amendment would repeal half of it. The We are giving by this legislation and the cost, including our taxes, and in- rest—2.1 cents of it—would be directed by this closed rule $4 billion to the oil cludes the cost of escorting ships from toward underfunded mass transpor- companies. Nothing, nothing, nothing the Persian Gulf, includes the cost of tation infrastructure. of this is coming back to the American the Persian Gulf war, includes the lives If we are really serious about helping people. of young Americans and the health of working people get to work—cheaply, I asked the Committee on Rules, young Americans who had to go fight reliably, and environmentally friend- chaired by my dear friend, ‘‘Closed- for somebody else’s oil because we ly—than helping mass transit stay rule-SOLOMON,’’ to make it in order to would not produce it in America. alive is where we should invest. Mass ensure amendments offered by myself, Yes, we should vote for this rule. We transit is also one of the tools for genu- the gentleman from Massachusetts should, indeed, repeal this tax and ine welfare reform. [Mr. MARKEY] and the gentleman from make gasoline cost just a little less for But mass transit is grinding to a Florida [Mr. GIBBONS], to assure that Americans who depend too much on halt—in cities, in the suburbs, and in the money would come back to the foreign produced oil. rural areas: service cuts in Casper, WY, consumers. Mr. DREIER. Mr. Speaker, will the 50-cent fare increases in Montgomery, That was not permitted by the Com- gentleman yield? AL, 22-percent fare increases in subur- mittee on Rules, which was doing its Mr. TAUZIN. I yield to the gen- ban Harrisburg, PA, and near bank- proper work, because it is taking care tleman from California. ruptcy for transit system in my dis- not only of Republican policy, but of Mr. DREIER. Mr. Speaker, I want to trict, SEPTA—hurt so badly by the re- their good friends amongst the oil com- ask the gentleman if I am correct in treat by the Federal and State Govern- panies, by seeing to it that the oil com- assuming that my friend left the other ments. Thus, this is not a big city May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5333 issue. It affects anyone who rides the multiple missions and questionable priorities. It To put the situation in perspective, in the road, the rails, the buses, senior vans, has been plagued with controversy and man- wake of the Arab oil embargo in 1976, Jimmy or subways. agement problems. In a February 1995 report, Carter campaigned for President on a plat- We could really help our constituents form of energy independence. The following the General Accounting Office criticized the year, he created the DOE and charged it to get to work—the people who depend on Department of Energy, and concluded that the solve the problem. Since then, the DOE has transit, and drivers who depend on ``DOE is not an effective or successful cabinet grown into a massive $17.5 billion bureauc- transit to avoid the traffic gridlock we department.'' racy with multiple missions and question- face in the next century—by investing But this is only part of the story. I urge my able priorities. Needless to say, it has not some of those gas tax dollars in tran- colleagues to read my editorial printed in the solved the problem. sit. Let’s send this rule back to the Washington Times this morning, where I go For example, the department embarked on Rules Committee so we can have a fair into much more detail on the inadequacies a massive and expensive program to develop and failures of a Department that has simply synthetic fuels. Predictably, it failed. After debate. billions of dollars, a half dozen years, and a Mr. DREIER. Mr. Speaker, I yield 2 outlived its purpose. notorious scandal, the department aban- minutes to the gentleman from Fuller- The bottom line is that energy is no different doned its ‘‘synfuels’’ program, and con- ton, CA, Mr. ROYCE, one of the co- from any other commodity in the marketplace. centrated on overseeing nuclear energy pro- authors of this legislation. Energy production and distribution is better di- grams. Meanwhile, the market took care of Mr. ROYCE. Mr. Speaker, I rise in rected by market forces than by government the petroleum shortages and the price of oil strong support of the rule for this bill, planners and bureaucrats. As is the case with dropped from a high of $40 per barrel to $20. of which I am an original coauthor, to so much of our government today, the DOE Much of DOE’s budget is directed at nu- represents an outdated response to a brief pe- clear weapon or nuclear cleanup activities. repeal the 4.3 cent per gallon Federal These environmental and defense undertak- gas tax imposed by the Clinton budget riod of crisis and is basically irrelevant today. While this legislation we are debating today ings are best managed by environmental and/ in 1993. or defense agencies, not energy departments. At a time when we in Congress are does not go as far as the earlier legislation I Turning the weapons-related programming trying to put money back in the pock- introduced, it does focus attention on the bla- over to the requisite agencies makes sense, ets of American families and recharge tant mismanagement and abuse of taxpayer and helps protect against bureaucratic ‘‘mis- the Nation’s economy, gasoline excise funds that plague this Department and re- sion creep’’ as was the case at the old Atom- taxes are at an all-time high. In the duces its budget. ic Energy Commission. Additionally, in the case of the Department of Defense, merging last 10 years, the Federal gasoline tax Again, I urge my colleagues to support this bill. We should repeal the 1993 gas tax, cut the weapons producers with the weapons cus- more than doubled, from 9 cents to 18.3 tomers helps ensure coordination of national cents per gallon. Now, in California, the Department of Energy budget, and give the money back to motorists. That's more than strategy. the total gasoline tax has increased to President Clinton has already proposed 47.4 cents per gallon. the Department has done. that we denationalize the DOE’s Power Mar- We are to believe that government CUTTING THE GAS TAX AND REINVENTING keting Administration’s (PMA), and turn the GOVERNMENT can continually increase taxes like this Bonneville Power Administration into a pub- (By U.S. Rep. Ed Royce) without it affecting the price at the lic corporation because the premises on In 1992, when he was running for president, which they were established is no longer ap- pump? Economists tell us that that is Bill Clinton promised he would not raise fed- plicable. He’s got that right. More than 98 not so. Economists tell us if we in- eral gasoline taxes. But just one year after percent of America is already wired for crease taxes, and increase taxes, and he was elected, in August 1993, he pushed power and there is no cause whatsoever to continue to increase that tax, we will through the Congress a budget proposal with believe that private companies would some- see that reflected in the pump price. over $265 billion in tax increases, including a how ‘‘pull the plug’’ on electrified regions. Now, the prior Congress did increase 4.3 cent per gallon hike in the federal gas Governments around the world are this tax and we want to repeal it. This tax. privatizing government operated power sys- tax burden takes $422 out of the aver- At the time, Clinton assured his colleagues tems, including Poland, Hungary, Spain, that the 1993 tax increases would only affect Italy, and Peru. The U.S. should listen to the age American family’s household budg- the ‘‘rich.’’ In reality, the gas tax increase advice it gives to the former Soviet bloc and et per year, and that is a significant has had a significant day-to-day impact on denationalize its own ‘‘means of production. amount of money for hardworking American families, especially those who are We should also sell the Strategic Petro- American families trying to make ends middle and lower-income. These are the leum Reserves (SPR), and the Naval Petro- meet. folks that are feeling the ‘‘pinch at the leum Reserves (NPR). The NPR were origi- When President Bill Clinton pushed pump,’’ not the ‘‘rich.’’ To add insult to in- nally set aside to ensure the Navy a supply through the 4.3-cent-per-gallon hike in jury, none of the 1993 increase goes toward of oil as it converted its fleet from coal to oil the Federal gas tax in August of 1993, improving our nation’s roads, bridges or before WWI. The SPR was created during the highways, which would be of some benefit to energy crises of the 1970’s, when Congress de- as part of the largest tax increase in the user. This is a perfect case study of how cided the government should produce oil and peacetime history, he assured his col- the democrat philosophy of redistribution of gas at these fields and sell them on the com- leagues that the tax increase would income can backfire. mercial market. The problem is that the only affect the rich. In reality, the gas Two years after the ill-fated tax increase, SPR, no matter how large, cannot insulate tax increase has had a significant day- Clinton apologized before a group of Demo- the American economy from international to-day impact on middle and lower in- cratic party donors, admitting that he energy markets. Even if we were to import come American families. These are the ‘‘probably raised taxes too much.’’ But is he no foreign oil whatsoever, international sup- sorry enough to do something about it? folks that are feeling the pinch at the ply disruptions would cause price increases If so, he now has a perfect opportunity to just as high here as they would be in a na- pump, it is not the rich. partially right his wrong and kick-start his tion that imports all of its oil. And to add insult to injury, none of effort to ‘‘reinvent government.’’ Two weeks Additionally, much of the SPR is high-sul- the 1993 increase goes toward improv- ago I introduced a bill in the House of Rep- fur crude that would be amply available in ing our Nation’s roads or bridges or resentatives to repeal the 4.3 cent gasoline any OPEC-induced crisis. It’s low-sulfur highways, which would be of some ben- tax increase, paid for by downsizing the De- crude that the U.S. imports from the Persian efit to the user that is paying that tax. partment of Energy (DOE). It is that bill Gulf and high-Sulfur crude cannot easily be So the recent painful increase in the which provided the basis for the proposals substituted for low-sulfur crude without a now moving through the House and the Sen- great deal of cost. price of gas at the pump gives us an ex- ate. Finally, concern over the inability to se- cellent opportunity to repeal a tax that The painful increase in the price at the cure needed oil during a supply disruption never should have been imposed. pump gives us an excellent opportunity to has decreased significantly. The number of Cutting the Department of Energy to pay for repeal a tax that never should have been im- oil-exporting nations has increased, and the the fuel tax repeal makes sense. Like the first posed, while at the same time helping tax- large oil companies have worked to diversify bill I introduced 3 weeks ago, this legislation payers keep more of their hard-earned their sources of oil. As Daniel Yergen, Presi- recognizes the tremendous inefficiencies of an money. Why offset the cost of the repeal by dent of the Cambridge Energy Research asso- downsizing the DOE? Admittedly, it’s an outdated, overgrown bureaucracy that has ciates and author of The Prize explained, easy target—the Department is plagued with ‘‘There is a much more secure base to the long outlived its purpose. controversy and management problems. But world’s energy economy than was the case in Created by President Jimmy Carter in 1976 that’s only part of the story. The DOE sim- 1973 . . .’’ to solve the energy crisis, the DOE has grown ply has outlived its purpose, and like any ob- The bottom line is that energy is no dif- into a massive $17.5 billion bureaucracy with solete entity or industry, its got to go. ferent from any other commodity in the H5334 CONGRESSIONAL RECORD — HOUSE May 21, 1996 marketplace. Energy production and dis- So what happens? As the gentleman contrary to popular belief, this $14 bil- tribution is better directed by market forces from Michigan [Mr. DINGELL] said, we lion was not spent on building roads than by government planners and bureau- have witnesses before our committee, and bridges. Rather, it was diverted to crats. As is the case with so much of our gov- ernment today, the DOE represents an out- economists that the Republicans have pay for more big government Washing- dated response to a brief period of crisis and sent to us, that say that maybe the ton spending. I urge my colleagues to is basically irrelevant today. taxpayer will get back $15, total, if we repeal this wrong-headed tax. For these reasons, it only makes good give the break to the oil refiners, but b 1700 sense to terminate unnecessary programs, many others said they are not going to consolidate others, transfer those serving a get back any at all because the oil Mr. BEILENSON. Mr. Speaker, I valid purpose, and privatize programs that companies will pocket the $15 for yield myself the balance of my time could be better performed outside of the gov- and, in the process, I urge a no vote on ernment. The DOE was a government-im- themselves. Well, what they wind up with is $120 the previous question. posed solution to a world market problem. If the previous question is defeated, I And it hasn’t worked. or $130, an increased price at the pump, We should repeal the 1993 gas tax, cut the the tax break that went to the oil re- shall offer an amendment to the rule Department of Energy budget, and give the finers rather than to the consumer, and that will make in order three consumer money back to motorists. That’s more than the oil companies walk away with $120 protection amendments that were of- the Department has done. or $150 out of every person’s pocket in fered in the Rules Committee last Mr. BEILENSON. Mr. Speaker, I this country. week. All three of these very important yield 4 minutes to the gentleman from This is a closed rule. It is wrong. amendments were voted down by the Massachusetts [Mr. MARKEY]. Candidate DOLE is not going to say Republican majority of the Rules Com- Mr. MARKEY. Mr. Speaker, I rise in anything about the oil companies. Can- mittee. strong opposition to this closed rule didate DOLE is not going to fight for The first amendment, offered by Mr. and ask the House to defeat the rule the consumer at the gas pump. We will GIBBONS, would guarantee that the gas and to defeat the bill. not hear him say a word about the oil tax cuts go directly to the consumer. It Did the 4.3-cent gasoline tax of 1993 companies, Candidate DOLE. We are would reimpose the tax on the seller if cause the 20-cent, 30-cent, 40-cent in- just going to hear him pointing back to the tax reduction is not passed through crease at the pump in 1996? That is a 4-cent gasoline tax in 1993. Well, what to the consumer. what the Republicans and the oil com- about the other $150 for the consumer? The second amendment, offered by panies would have us believe. All he is concerned about is the $15, Mr. DINGELL, would delay the effective The truth is that the oil industry date until the Nation’s largest refiners dropped its overall inventory by 100 and he has not even got a mechanism put together that will get it back into and importers have certified to the million barrels a day since last June, Secretary of the Treasury that the sav- in a bet, a bet that Saddam Hussein the pockets of the consumers in this country. ings will be passed on to the consumer. would be allowed to sell more oil on The third amendment, offered by Mr. the world market. And when that bet So the issue is very clear, ladies and gentlemen. If we believe that the MARKEY, provides that if the Secretary did not pay off, who had to pay? The of the Treasury is unable to certify American consumer had to pay because consumer should get a tax break, we must vote against this rule; and then that all the benefits of the tax reduc- it is an inelastic gasoline marketplace tion will be passed on to the consumer, in the United States. We cannot shift we must vote against this bill because it in no way assures under any cir- there will be a $30 tax credit provided over to coal or to natural gas or to each motorist. This amount represents solar for our automobiles. We must pay cumstance that the consumer is going to see this at the pump. And by the the average annual savings that would whatever the market will bear. Be- be realized by each motorist if the 4.3 cause the companies did not have the way, the American consumer that pulls up to the gas pump knows this. It is cent tax is repealed. inventory, we must pay. The consumer Mr. Speaker, the bill before us con- must pay. not the guy there with the hose putting tains absolutely no guarantee that any Now, the oil industry wants a tax it into your tank; it is the refiner, the of this tax cut will be passed on to the break, 4 cents a gallon. The Repub- big boss, big oil that controls who gets licans set up their bill so that the tax this tax break, and Members know consumer. The amendments I have just break goes to the oil refiners. Not to they are not giving it to the American discussed would do that. the consumers, to the refiners. The consumer. I urge my colleagues to vote ‘‘no’’ on Democrats, the gentleman from Michi- Mr. DREIER. Mr. Speaker, it is fas- the previous question and give the House the opportunity to consider gan [Mr. DINGELL], the gentleman from cinating how my liberal colleagues can these very workable and necessary Florida [Mr. GIBBONS], and I, we sought come up with excuse after excuse and a to ensure that the money would go into smokescreen to avoid cutting taxes. amendments. the pockets of the consumers, but we Mr. Speaker, I yield 1 minute to my Mr. Speaker, I include the text of the are not allowed to make an amendment very good friend, the gentleman from amendment and accompanying docu- to do that. Marysville, CA [Mr. HERGER], one of ments for the RECORD at this point. I wanted to have it written right into those rural areas that in fact does not At the end of the resolution add the follow- the Tax Code that owners of an auto- benefit from all of the Federal sub- ing new section: mobile get back 30 bucks, which is the sidization of transit that we heard ‘‘SEC. . Notwithstanding any other provi- about from my friend from Pennsylva- sion of this resolution, it shall be in order to average tax on an automobile driver consider, without intervention of any point each year. Thirty bucks. An individual nia. of order, an amendment to be offered by Rep- would get it back immediately. But no, Mr. HERGER. Mr. Speaker, I rise in resentative Gibbons, or his designee; an the Republicans say we are giving the strong support of repealing President amendment to be offered by Representative whole break to the oil refiners, who Clinton’s 4.3-cent-a-gallon gas tax in- Dingell, or his designee; and an amendment have already seen an increase of $90, crease. to be offered by Representative Markey, or $100, $120, $150 more this year that they When the first Federal tax on gaso- his designee. The amendments are printed in are going to take out of the average line was enacted in 1932, the tax was section of this resolution. automobile driver’s pocket. only one penny per gallon. Today, in SEC. . The text of the amendment are as Now, what happened? The oil indus- certain areas of California, total Fed- follows: try drove right past a world awash in eral, State, and local gas taxes cost AMENDMENT TO H.R. 3415, AS REPORTED oil, all of 1995 and 1996, and did not put drivers 44 cents per gallon. This tax has OFFERED BY MR. GIBBONS any stock in their inventory, betting a crushing impact on rural areas such Strike section 5 of the bill and insert the on Saddam Hussein. After we had sent as northern California where citizens following new section: 500,000 men and women to that country are required to drive longer distances SEC. 5. GAS TAX REDUCTION MUST BE PASSED THROUGH TO CONSUMERS. in 1991, they had the temerity then to daily. Of all the Clinton tax increases, (a) GAS TAX REDUCTION ONLY TO BENEFIT treat themselves as if they were any this was the most obvious Washington CONSUMERS.—It shall be unlawful for any other industry and keep stocks at his- tax and spend money grab. This tax person selling or importing any taxable fuel toric lows. alone cost Americans $14 billion. And, to fail to fully pass on (through a reduction May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5335

in the price that would otherwise be charged) (b) TAXABLE FUEL.—The term ‘‘taxable control of the resolution to the opposition’’ the reduction in tax on such fuel under this fuel’’ has the meaning given such term by in order to offer an amendment. On March Act. section 4083(a) of such Code. 15, 1909, a member of the majority party of- (b) RESPONSIBILITIES OF PERSONS LIABLE fered a rule resolution. The House defeated FOR TAX.— AMENDMENT TO H.R. 3425, AS REPORTED the previous question and a member of the (c) IN GENERAL.—Every person liable for OFFERED BY MR. MARKEY OF MASSACHUSETTS opposition rose to a parliamentary inquiry, the payment of Federal excise taxes on any At the end of the bill, add the following: asking who was entitled to recognition. taxable fuel— SEC. 8. $80 REFUNDABLE CREDIT FOR HIGHWAY Speaker Joseph G. Cannon (R–Illinois) said: (A) shall fully pass on, as required by sub- VEHICLES OWNED DURING TAXABLE ‘‘The previous question having been refused, section (a), the reduction in tax on such fuel YEARS BEGINNING IN 1996. the gentleman from New York, Mr. Fitzger- under this Act, and (a) DETERMINATION OF PASS THROUGH TO ald, who had asked the gentleman to yield to (B) if the taxable event is not a sale to the CONSUMERS.—Notwithstanding section 2(b), him for an amendment, is entitled to the ultimate consumer, shall take such steps as if the Secretary of the Treasury certifies to first recognition.’’ may be reasonably necessary to ensure that the Congress before the 6th day after the Because the vote today may look bad for such reduction is fully passed on, as required date of the enactment of this Act that it is the Republican majority they will say ‘‘the by subsection (a), to subsequent purchasers impossible to guarantee that the benefit of vote on the previous question is simply a vote on whether to proceed to an immediate of the taxable fuel. the 4.3-cent tax reduction under section 2 of vote on adopting the resolution . . . [and] (2) ENFORCEMENT.—Any person who fails to this Act will be passed through to the has no substantive legislative or policy im- meet the requirements of paragraph (1) with consumer, then subsection (b), (c), and (d) of plications whatsoever.’’ But that is not what respect to any fuel shall be liable for Federal this section shall take effect in lieu of sec- they have always said. Listen to the Repub- excise taxes on such fuel as if this Act had tion 2, 3, 4, and 5 of this Act. lican Leadership Manual on the Legislative (b) IN GENERAL.—Subpart C of part IV of not been enacted. Process in the United States House of Rep- (3) WAIVER.—In the case of a failure which subchapter A of chapter 1 of the Internal resentatives, (6th edition, page 135). Here’s is due to reasonable cause and not to willful Revenue Code of 1986 is amended by adding how the Republicans describe the previous neglect, the Secretary may waive part or all after section 35 the following new section: question vote in their own manual: of the additional taxes imposed by paragraph ‘‘SEC. 36. HIGHWAY VEHICLES OWNED DURING ‘‘Although it is generally not possible to (2) to the extent that payment of such taxes TAXABLE YEARS BEGINNING IN 1996. amend the rule because the majority Mem- would be excessive relative to the failure in- ‘‘(a) IN GENERAL.—In the case of a person ber controlling the time will not yield for volved. who is the registered owner of an eligible the purpose of offering an amendment, the (c) DEFINITIONS.—For purposes of this sec- highway vehicle at any time during the first same result may be achieved by voting down tion— taxable year of the taxpayer beginning after the previous question on the rule . . . When (1) TAXABLE FUEL.—The term ‘‘taxable December 31, 1995, there shall be allowed as the motion for the previous question is de- fuel’’ has the meaning given such term by a credit against the tax imposed by this sub- feated, control of the time passes to the section 4083(a) of such code. title for such taxable year an amount equal Member who led the opposition to ordering (2) SECRETARY.— The term ‘‘Secretary’’ to the sum of $30 for each such vehicle. the previous question. That Member, because means the Secretary of the Treasury or his ‘‘(b) ELIGIBLE HIGHWAY VEHICLE.—A vehicle he then controls the time, may offer an delegate. is an eligible highway vehicle for the pur- amendment to the rule, or yield for the pur- (d) GAO STUDY.— poses of subsection 9a) only if all of the fuel pose of amendment.’’ (1) IN GENERAL.—The Comptroller General consumed by such vehicle during the taxable Deschler’s Procedure in the U.S. House of of the United States shall conduct a study of year is subject to tax imposed by section 4041 Representatives, the subchapter titled the repeal of the 4.3-cent increase in the fuel or 4081. ‘‘Amending Special Rules’’ states: ‘‘a refusal tax imposed by the Omnibus Budget Rec- ‘‘(c) PARTIAL YEARS.—In the case that a to order the previous question on such a rule onciliation Act of 1993 to determine whether person is the registered owner of an eligible [a special rule reported from the Committee there has been a passthrough of such repeal. highway vehicle for less than the full taxable on Rules] opens the resolution to amend- (2) REPORT.—Not later than January 31, year, the credit under subsection (a) shall be ment and further debate.’’ (Chapter 21, sec- 1997, the Comptroller General of the United reduced to reflect only that portion of the tion 21.2) Section 21.3 continues: States shall report to the Committee on Fi- taxable year for which the vehicle was reg- Upon rejection of the motion for the pre- nance of the Senate and the Committee on istered to such person. vious question on a resolution reported from Ways and Means of the House of Representa- ‘‘(d) TREATMENT OF LESSEES.—For the pur- the Committee on Rules, control shifts to tives the results of the study conducted poses of this section, the lessee on a lease for the Member leading the opposition to the under paragraph (1). An interim report on an eligible highway vehicle shall be treated previous question, who may offer a proper such results shall be submitted to such com- as the registered owner of such vehicle dur- amendment or motion and who controls the mittees not later than November 1, 1996. ing the period of the lease.’’ time for debate thereon.’’ (c) CONFORMING AMENDMENT.—Paragraph The vote on the previous question on a rule (2) of section 1324(b) of title 31, United States does have substantive policy implications. It AMENDMENT TO H.R. 3415, AS REPORTED is one of the only available tools for those OFFERED BY MR. DINGELL OF MICHIGAN Code, is amended by inserting before the pe- riod ‘‘, or from section 36 of such Code’’. who oppose the Republican majority’s agen- Strike subsection (b) of section 2 and in- (d) CLERICAL AMENDMENT.—The table of da to offer an alternative plan. sert the following: sections for subpart C of part IV of sub- The SPEAKER pro tempore (Mr. (b) EFFECTIVE DATE.—Except as provided in chapter A of chapter 1 of such Code is LAHOOD). The gentleman from Califor- subsection (c), the amendment made by this amended by adding after the item relating to 1 section shall take effect on the date of the nia [Mr. DREIER] has 3 ⁄2 minutes re- section 35 of the following new item: enactment of this Act. maining. (c) TAX REDUCTION NOT TO APPLY TO FUEL ‘‘Sec. 36. Highway vehicles owned during tax- Mr. DREIER. Mr. Speaker, I yield 2 PRODUCED OR IMPORTED BY LARGE REFINERS able years beginning in 1996.’’ minutes to the gentleman from UNLESS TAX REDUCTION PASSED THROUGH TO THE VOTE ON THE PREVIOUS QUESTION: WHAT IT Sanibel, FL [Mr. GOSS], my dear friend CONSUMERS.— REALLY MEANS and chairman of the Subcommittee on (1) In general.—The amendment made by This vote, the vote on whether to order the Legislative and Budget process. this section shall not take effect with re- previous question on a special rule, is not (Mr. GOSS asked and was given per- spect to any taxable fuel produced or im- merely a procedural vote. A vote against or- mission to revise and extend his re- ported by any large refiner unless such re- dering the previous question is a vote marks.) finer provides to the Secretary of the Treas- against the Republican majority agenda and Mr. GOSS. Mr. Speaker, I thank my ury a certification that the tax reduction a vote to allow the opposition, at least for provided under such amendment will be the moment, to offer an alternative plan. It friend from the Greater Claremont-San passed through to the ultimate consumers as is a vote about what the House should be de- Dimas metropolitan corridor in Cali- a price reduction. bating. fornia, Mr. DREIER, for yielding this (2) DEFINITIONS.—For purposes of this sec- Mr. Clarence Cannon’s Precedents of the time, and I rise in strong support of tion— House of Representatives, (VI, 308–311) de- this rule. (A) LARGE REFINER.— scribes the vote on the previous question on This is a customary rule when we do (i) IN GENERAL.—The term ‘‘large refiner’’ the rule as ‘‘a motion to direct or control the ways and means bills, a closed rule, a means, with respect to a calendar year, any consideration of the subject before the House reasonable precaution when dealing person which refined or imported 500,000,000 being made by the Member in charge.’’ To with the Tax Code. Of course, we have gallons or more of taxable fuel during the defeat the previous question is to give the preceding calendar year. opposition a chance to decide the subject be- preserved the right of the minority, as (ii) RELATED PERSONS.—All persons treated fore the House. Cannon cites the Speaker’s they well know, to offer a motion to re- as a single employer under section 52 of the ruling of January 13, 1920, to the effect that commit the bill with or without in- Internal Revenue Code of 1986 shall be treat- ‘‘the refusal of the House to sustain the de- structions, so I think the process is in ed as 1 person for purposes of this section. mand for the previous question passes the order. H5336 CONGRESSIONAL RECORD — HOUSE May 21, 1996 This is a very important debate for it is a first step towards rectifying Fox LaTourette Roth Franks (CT) Laughlin Roukema every American because everyone who that. Franks (NJ) Lazio Royce drives a car, takes a bus, or flies on an Frankly, it is interesting to see my Frelinghuysen Leach Salmon airplane has been hit by the Presi- liberal friends who imposed this tax Funderburk Lewis (CA) Sanford dent’s 1993 gas tax hikes which scraped will do anything they possibly can to Ganske Lewis (KY) Saxton Gekas Lightfoot Scarborough through this House by one vote. avoid cutting taxes. This rule that we Gilchrest Linder Schaefer All told, this tax increase costs the have here today is the exact same rule Gillmor Livingston Schiff people in my State of Florida almost that was applied to cutting the tax as Gilman LoBiondo Seastrand $263 million a year. That is a quarter of Goodlatte Longley Sensenbrenner we had for increasing the tax back in Goodling Manzullo Shadegg a billion, according to one study we 1993. Goss Martinez Shaw have. I think it is right. There was no question back in 1993 Graham Martini Shays Another distressing aspect of the gas that the consumers would be paying Greene (UT) McCollum Shuster Greenwood McCrery Skeen tax increase is those who are hit hard- the increase in the tax. No question Gunderson McDade Smith (NJ) est by this are those who are least able whatsoever. Why should there be a Gutknecht McHugh Smith (TX) to afford it. In my case, it is seniors on question today as to whether or not the Hancock McInnis Smith (WA) fixed incomes and people at the lower Hansen McKeon Solomon consumers will benefit? The consumers Hastert Metcalf Souder end of the wage scale. are going to benefit from that. Hastings (WA) Meyers Spence In fact, this debate highlights yet We have press releases, statements Hayes Mica Stearns again the folly of attempting to solve Hayworth Miller (FL) Stockman that have been made from those ogres Hefley Moorhead Stump our Government’s financial problems in big oil stating that it will be passed Heineman Morella Talent through taxes and more taxes. Six on to the consumers. That is what is Herger Myers Tate years ago the Democrats in Congress going to happen. Hilleary Myrick Tauzin passed a luxury tax on boats in order to Hobson Nethercutt Taylor (NC) We do not want to see another man- Hoekstra Neumann Thomas make the rich pay their fair share. date imposed by the liberals on the pri- Hoke Ney Thornberry This supposedly targeted tax provision vate sector. We have confidence in it. Horn Norwood Tiahrt not only failed to raise the projected Houghton Nussle Torkildsen We believe that we can move ahead and Hunter Oxley Upton income but the Treasury actually lost take that small step towards enhanc- Hutchinson Packard Vucanovich money trying to collect it. ing the quality of life for those middle Hyde Parker Walker More importantly, thousands of boat income wage earners. Inglis Paxon Walsh builders, skilled American workers, Istook Petri Wamp Mr. Speaker, I yield back the balance Johnson (CT) Pombo Weldon (FL) many in my district, lost their jobs be- of my time, and I move the previous Johnson, Sam Porter Weldon (PA) cause the boat people went out of busi- question on the resolution. Jones Pryce Weller ness. It was several years before we The SPEAKER pro tempore. The Kasich Quillen White were able to repeal that foolish tax and Kelly Quinn Whitfield question is on ordering the previous Kim Radanovich Wicker the damage is still being felt in Florida question. King Ramstad Wolf and elsewhere. The question was taken; and the Klug Regula Young (AK) Knollenberg Riggs Young (FL) Mr. Speaker, we are moving to repeal Speaker pro tempore announced that the gas tax. It is what the Americans Kolbe Roberts Zeliff the ayes appeared to have it. LaHood Rogers Zimmer want us to do, at least for the remain- Mr. BEILENSON. Mr. Speaker, I ob- Latham Ros-Lehtinen der of 1996. I am especially pleased that ject to the vote on the ground that a NAYS—181 this measure is not going to hinder our quorum is not present and make the progress toward balancing the budget Abercrombie Edwards Levin point of order that a quorum is not Ackerman Engel Lewis (GA) because we have fully paid for our re- present. Andrews Eshoo Lincoln Baldacci Evans Lipinski lief. The SPEAKER pro tempore. Evi- I think it is important to say the oil Barcia Farr Lofgren dently a quorum is not present. Barrett (WI) Fattah Luther companies have come out, and I quote, The Sergeant at Arms will notify ab- Becerra Fazio Manton A decrease in the Federal gas tax will sent Members. Beilenson Fields (LA) Markey be immediately reflected in the prices Bentsen Filner Mascara Pursuant to clause 5 of rule XV, the that Chevron charges to motorists at Berman Flake Matsui Chair will reduce to a minimum of 5 Bevill Foglietta McCarthy our pumps at our stations through re- minutes the period of time within Bishop Ford McHale ductions. Bonior Frank (MA) McKinney Same statement from ARCO: We will which a vote by electronic device, if or- Borski Frost Meehan dered, will be taken on the question of Boucher Gejdenson Meek immediately reduce its total price. So Brewster Gephardt Menendez forth. Texaco and so on. These have agreeing to the resolution. The vote was taken by electronic de- Brown (CA) Geren Millender- been entered into the RECORD. Big oil Brown (FL) Gibbons McDonald understands. This is gas tax. We are re- vice, and there were—yeas 221, nays Brown (OH) Gonzalez Miller (CA) 181, not voting 31, as follows: Bryant (TX) Gordon Minge pealing it. Cardin Green (TX) Mink Mr. DREIER. Mr. Speaker, I yield [Roll No. 180] Chapman Hall (OH) Mollohan myself the balance of my time. YEAS—221 Clay Hall (TX) Montgomery Clayton Hamilton Moran The SPEAKER pro tempore. The gen- Allard Bunning Cunningham Clement Hastings (FL) Murtha Archer Burr Davis tleman from California, [Mr. DREIER] is Clyburn Hefner Nadler Armey Burton Deal recognized for 11⁄2 minutes. Coleman Hilliard Neal Bachus Buyer DeLay Collins (IL) Hinchey Obey Mr. DREIER. Mr. Speaker, this has Baker (CA) Callahan Diaz-Balart Collins (MI) Holden Olver Baker (LA) Calvert Dickey been a fascinating debate, but all it is Condit Hoyer Orton Ballenger Camp Doolittle is simply our attempt to do what we Conyers Jackson (IL) Owens Barr Campbell Dornan Costello Jackson-Lee Pallone were denied by the former majority Barrett (NE) Canady Dreier Coyne (TX) Pastor back in 1993. We simply want an up or Bartlett Castle Duncan Cramer Jacobs Payne (NJ) Barton Chabot Dunn down vote on whether or not we should Cummings Jefferson Payne (VA) Bass Chambliss Ehlers impose or continue to maintain a 4.3- Danner Johnson (SD) Pelosi Bateman Chenoweth Ehrlich de la Garza Johnson, E.B. Peterson (MN) cent a gallon gasoline tax on those Bereuter Christensen Emerson DeFazio Johnston Pickett Bilbray Chrysler English drivers in this country. DeLauro Kanjorski Pomeroy Bilirakis Coble Ensign This is a small amount of money. I Dellums Kaptur Poshard Bliley Collins (GA) Everett Deutsch Kennedy (MA) Rahall will acknowledge that it is not hun- Blute Combest Ewing Dicks Kennedy (RI) Rangel dreds of thousands of dollars but it is Boehlert Cooley Fawell Dingell Kennelly Reed Boehner Cox Fields (TX) indicative of what the largest tax in- Dixon Kildee Richardson Bonilla Crane Flanagan crease in American history was. It was Doggett Kleczka Rivers Bono Crapo Foley Dooley LaFalce Roemer imposed on middle income working Brownback Cremeans Forbes Doyle Lantos Rose Americans, and this is a small step but Bryant (TN) Cubin Fowler May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5337 Roybal-Allard Stark Velazquez fund of the Treasury, and ask for its (2) on such date such liquid is held by a Rush Stenholm Vento immediate consideration in the House. dealer and has not been used and is intended Sabo Stokes Visclosky for sale, Sanders Studds Volkmer The Clerk read the title of the bill. Sawyer Stupak Ward The SPEAKER pro tempore (Mr. there shall be credited or refunded (without interest) to the person who paid such tax Schroeder Tanner Waters KOLBE). Pursuant to House Resolution Schumer Taylor (MS) Watt (NC) (hereafter in this section referred to as the Scott Tejeda Waxman 436, the amendment printed in House ‘‘taxpayer’’) an amount equal to the excess Serrano Thompson Williams Report 104–580 is adopted. of the tax paid by the taxpayer over the Sisisky Thornton Wilson The text of H.R. 3415, as amended by amount of such tax which would be imposed Skaggs Thurman Wise Skelton Torricelli Woolsey the amendment printed in House Re- on such liquid had the taxable event oc- Slaughter Towns Wynn port 104–580, is as follows: curred on such date. Spratt Traficant Yates H.R. 3415 (b) TIME FOR FILING CLAIMS.—No credit or refund shall be allowed or made under this NOT VOTING—31 Be it enacted by the Senate and House of Rep- section unless— Baesler Hostettler Molinari resentatives of the United States of America in (1) claim therefor is filed with the Sec- Browder Kingston Oberstar Congress assembled, retary of the Treasury before the date which Bunn Klink Ortiz SECTION 1. PURPOSE. is 6 months after the tax repeal date, and Clinger Largent Peterson (FL) Coburn Lowey Portman The purpose of this Act is to repeal the 4.3- (2) in any case where liquid is held by a Durbin Lucas Rohrabacher cent increase in the transportation motor dealer (other than the taxpayer) on the tax Frisa Maloney Smith (MI) fuels excise tax rates enacted by the Omni- repeal date— Furse McDermott Torres bus Budget Reconciliation Act of 1993 and (A) the dealer submits a request for refund Gallegly McIntosh Watts (OK) dedicated to the general fund of the Treas- or credit to the taxpayer before the date Gutierrez McNulty ury. which is 3 months after the tax repeal date, Harman Moakley SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL and b 1726 TAX RATES ENACTED BY THE OMNI- (B) the taxpayer has repaid or agreed to BUS BUDGET RECONCILIATION ACT repay the amount so claimed to such dealer The Clerk announced the following OF 1993 AND DEDICATED TO GEN- or has obtained the written consent of such pairs: ERAL FUND OF THE TREASURY. dealer to the allowance of the credit or the On this vote: (a) IN GENERAL.—Section 4081 of the Inter- making of the refund. Mr. McIntosh for, with Mr. Oberstar nal Revenue Code of 1986 (relating to imposi- (c) EXCEPTION FOR FUEL HELD IN RETAIL against. tion of tax on gasoline and diesel fuel) is STOCKS.—No credit or refund shall be allowed Mr. Kingston for, with Ms. Harman amended by adding at the end the following under this section with respect to any liquid against. new subsection: in retail stocks held at the place where in- ‘‘(f) REPEAL OF 4.3-CENT INCREASE IN FUEL tended to be sold at retail. Mr. MCHUGH changed his vote from TAX RATES ENACTED BY THE OMNIBUS BUDGET (d) DEFINITIONS.—For purposes of this sec- ‘‘nay’’ to ‘‘yea.’’ RECONCILIATION ACT OF 1993 AND DEDICATED tion— So the previous question was ordered. TO GENERAL FUND OF THE TREASURY.— (1) the terms ‘‘dealer’’ and ‘‘held by a deal- The result of the vote was announced ‘‘(1) IN GENERAL.—During the applicable pe- er’’ have the respective meanings given to as above recorded. riod, each rate of tax referred to in para- such terms by section 6412 of such Code; ex- graph (2) shall be reduced by 4.3 cents per PERSONAL EXPLANATION cept that the term ‘‘dealer’’ includes a pro- gallon. ducer, and Ms. FURSE. Mr. Speaker, on rollcall ‘‘(2) RATES OF TAX.—The rates of tax re- (2) the term ‘‘tax repeal date’’ means the 180, I was delayed by my plane being ferred to in this paragraph are the rates of 7th day after the date of the enactment of delayed by weather. Had I been present tax otherwise applicable under— this Act. I would have voted ‘‘nay.’’ ‘‘(A) subsection (a)(2)(A) (relating to gaso- (e) CERTAIN RULES TO APPLY.—Rules simi- The SPEAKER pro tempore (Mr. line and diesel fuel), lar to the rules of subsections (b) and (c) of ‘‘(B) sections 4091(b)(3)(A) and 4092(b)(2) (re- LAHOOD). The question is on the resolu- section 6412 of such Code shall apply for pur- tion. lating to aviation fuel), poses of this section. ‘‘(C) section 4042(b)(2)(C) (relating to fuel SEC. 4. FLOOR STOCKS TAX. The resolution was agreed to. used on inland waterways), A motion to reconsider was laid on (a) IMPOSITION OF TAX.—In the case of any ‘‘(D) paragraph (1) or (2) of section 4041(a) liquid on which tax was imposed under sec- the table. (relating to diesel fuel and special fuels), tion 4081 or 4091 of the Internal Revenue Code f ‘‘(E) section 4041(c)(2) (relating to gasoline of 1986 before January 1, 1997, and which is used in noncommercial aviation), and held on such date by any person, there is PERSONAL EXPLANATION ‘‘(F) section 4041(m)(1)(A)(i) (relating to hereby imposed a floor stocks tax of 4.3 cents Mrs. LOWEY. Mr. Speaker, because certain methanol or ethanol fuels). per gallon. ‘‘(3) COMPARABLE TREATMENT FOR COM- of the thunderstorm earlier this (b) LIABILITY FOR TAX AND METHOD OF PAY- PRESSED NATURAL GAS.—No tax shall be im- MENT.— evening, I was unavoidably detained on posed by section 4041(a)(3) on any sale or use rollcall vote 180. Had I been present, I (1) LIABILITY FOR TAX.—A person holding a during the applicable period. liquid on January 1, 1997, to which the tax would have voted ‘‘nay.’’ ‘‘(4) COMPARABLE TREATMENT UNDER CER- imposed by subsection (a) applies shall be f TAIN REFUND RULES.—In the case of fuel on liable for such tax. which tax is imposed during the applicable (2) METHOD OF PAYMENT.—The tax imposed THE JOURNAL period, each of the rates specified in sections by subsection (a) shall be paid in such man- The SPEAKER pro tempore. Pursu- 6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), ner as the Secretary shall prescribe. 6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be re- ant to clause 5 of rule I, the pending (3) TIME FOR PAYMENT.—The tax imposed duced by 4.3 cents per gallon. by subsection (a) shall be paid on or before business is the question of the Speak- ‘‘(5) COORDINATION WITH HIGHWAY TRUST er’s approval of the Journal of the last June 30, 1997. FUND DEPOSITS.—In the case of fuel on which (c) DEFINITIONS.—For purposes of this sec- day’s proceedings. tax is imposed during the applicable period, tion— Pursuant to clause 1, rule I, the Jour- each of the rates specified in subparagraphs (1) HELD BY A PERSON.—A liquid shall be nal stands approved. (A)(i) and (C)(i) of section 9503(f)(3) shall be considered as ‘‘held by a person’’ if title f reduced by 4.3 cents per gallon. thereto has passed to such person (whether ‘‘(6) APPLICABLE PERIOD.—For purposes of or not delivery to the person has been made). b 1730 this subsection, the term ‘applicable period’ (2) GASOLINE AND DIESEL FUEL.—The terms means the period after the 6th day after the REPEAL OF 4.3-CENT INCREASE IN ‘‘gasoline’’ and ‘‘diesel fuel’’ have the respec- date of the enactment of this subsection and tive meanings given such terms by section TRANSPORTATION FUELS TAXES before January 1, 1997.’’ 4083 of such Code. Mr. ARCHER. Mr. Speaker, pursuant (b) EFFECTIVE DATE.—The amendment (3) AVIATION FUEL.—The term ‘‘aviation to House Resolution 436, I call up the made by this section shall take effect on the fuel’’ has the meaning given such term by date of the enactment of this Act. bill, H.R. 3415 to amend the Internal section 4093 of such Code. SEC. 3. FLOOR STOCK REFUNDS. Revenue Code of 1986 to repeal the 4.3- (4) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—If— means the Secretary of the Treasury or his cent increase in the transportation (1) before the tax repeal date, tax has been delegate. motor fuels excise tax rates enacted by imposed under section 4081 or 4091 of the In- (d) EXCEPTION FOR EXEMPT USES.—The tax the Omnibus Budget Reconciliation ternal Revenue Code of 1986 on any liquid, imposed by subsection (a) shall not apply to Act of 1993 and dedicated to the general and gasoline, diesel fuel, or aviation fuel held by H5338 CONGRESSIONAL RECORD — HOUSE May 21, 1996 any person exclusively for any use to the ex- (B) REPORT.—Not later than January 31, The Chair recognizes the gentleman tent a credit or refund of the tax imposed by 1997, the Comptroller General of the United from Texas [Mr. ARCHER]. section 4081 or 4091 of such Code is allowable States shall report to the Committee on Fi- GENERAL LEAVE for such use. nance of the Senate and the Committee on (e) EXCEPTION FOR FUEL HELD IN VEHICLE Ways and Means of the House of Representa- Mr. ARCHER. Mr. Speaker, I ask TANK.—No tax shall be imposed by sub- tives the results of the study conducted unanimous consent that all Members section (a) on gasoline or diesel fuel held in under subparagraph (A). may have 5 legislative days within the tank of a motor vehicle or motorboat. SEC. 6. AUTHORIZATION OF APPROPRIATIONS which to revise and extend their re- (f) EXCEPTION FOR CERTAIN AMOUNTS OF FOR EXPENSES OF ADMINISTRATION marks and include extraneous matter FUEL.— OF THE DEPARTMENT OF ENERGY. on H.R. 3415. (1) IN GENERAL.—No tax shall be imposed Section 660 of the Department of Energy The SPEAKER pro tempore. Is there Organization Act (42 U.S.C. 7270) is amend- by subsection (a)— objection to the request of the gen- (A) on gasoline held on January 1, 1997, by ed— any person if the aggregate amount of gaso- (1) by inserting ‘‘(a) IN GENERAL.—’’ before tleman from Texas? line held by such person on such date does ‘‘APPROPRIATIONS’’; and There was no objection. not exceed 4,000 gallons, and (2) by adding at the end the following: Mr. ARCHER. Mr. Speaker, I yield (B) on diesel fuel or aviation fuel held on ‘‘(b) FISCAL YEARS 1997 THROUGH 2002.— myself such time as I may consume. such date by any person if the aggregate There are authorized to be appropriated for Mr. Speaker, today marks a very im- amount of diesel fuel or aviation fuel held by salaries and expenses of the Department of portant moment for this House of Rep- such person on such date does not exceed Energy for departmental administration and resentatives, a place that has often 2,000 gallons. other activities in carrying out the purposes of this Act— been referred to as the people’s House. The preceding sentence shall apply only if ‘‘(1) $104,000,000 for fiscal year 1997; Today, Mr. Speaker, we have a chance such person submits to the Secretary (at the ‘‘(2) $104,000,000 for fiscal year 1998; to remember who put us here, and to time and in the manner required by the Sec- ‘‘(3) $100,000,000 for fiscal year 1999; honor the hardworking men and retary) such information as the Secretary ‘‘(4) $90,000,000 for fiscal year 2000; shall require for purposes of this paragraph. women of the United States who sim- ‘‘(5) $90,000,000 for fiscal year 2001; and ply want to keep a little bit more of (2) EXEMPT FUEL.—For purposes of para- ‘‘(6) $90,000,000 for fiscal year 2002.’’. graph (1), there shall not be taken into ac- the money they earn. SEC. 7. SPECTRUM AUCTIONS. count fuel held by any person which is ex- For too long, Congress treated the (a) COMMISSION OBLIGATION TO MAKE ADDI- empt from the tax imposed by subsection (a) public’s money as if it were Congress’ TIONAL SPECTRUM AVAILABLE BY AUCTION.— by reason of subsection (d) or (e). (1) IN GENERAL.—The Federal Communica- own. For too long, Congress raised (3) CONTROLLED GROUPS.—For purposes of tions Commission shall complete all actions taxes and spent the money on an ever- this subsection— necessary to permit the assignment, by growing Federal Government. The hard (A) CORPORATIONS.— March 31, 1998, by competitive bidding pursu- work and labor of our people was (i) IN GENERAL.—All persons treated as a ant to section 309(j) of the Communications controlled group shall be treated as 1 person. turned into big government largess by Act of 1934 (47 U.S.C. 309(j)) of licenses for (ii) CONTROLLED GROUP.—The term ‘‘con- the spendthrift habits of the politicians the use of bands of frequencies that— trolled group’’ has the meaning given to such in Washington. (A) individually span not less than 12.5 term by subsection (a) of section 1563 of such Breadwinners, awakening each day to megahertz, unless a combination of smaller Code; except that for such purposes the bands can, notwithstanding the provisions of hard work and returning home each phrase ‘‘more than 50 percent’’ shall be sub- paragraph (7) of such section, reasonably be night to their loved ones, were told by stituted for the phrase ‘‘at least 80 percent’’ expected to produce greater receipts; Congress that the fruits of their labor each place it appears in such subsection. (B) in the aggregate span not less than 35 did not belong just to them. The Fed- (B) NONINCORPORATED PERSONS UNDER COM- megahertz; eral Government, Congress said, had MON CONTROL.—Under regulations prescribed (C) are located below 3 gigahertz; and by the Secretary, principles similar to the first rights to their efforts and first (D) have not, as of the date of enactment of principles of subparagraph (A) shall apply to dibs on their taxes. this Act— a group of persons under common control That explains why Congress, at least (i) been assigned or designated by Commis- where 1 or more of such persons is not a cor- until last year, turned to the people’s sion regulation for assignment pursuant to poration. such section; pocketbooks when it came time to (g) OTHER LAW APPLICABLE.—All provisions (ii) been identified by the Secretary of solve problems. Instead of entrusting of law, including penalties, applicable with Commerce pursuant to section 113 of the Na- people with more responsibility and respect to the taxes imposed by section 4081 tional Telecommunications and Information more control over their lives, Congress of such Code in the case of gasoline and die- Administration Organization Act (47 U.S.C. sel fuel and section 4091 of such Code in the picked their pockets and raided their 923); or case of aviation fuel shall, insofar as applica- wallets. (iii) reserved for Federal Government use ble and not inconsistent with the provisions Flash back to 1993, if you will, when pursuant to section 305 of the Communica- of this subsection, apply with respect to the Congress debated a major bill about tions Act of 1934 (47 U.S.C. 305). floor stock taxes imposed by subsection (a) taxing and spending. Faced with a (2) CRITERIA FOR REASSIGNMENT.—In mak- to the same extent as if such taxes were im- ing available bands of frequencies for com- choice between shrinking the size of posed by such section 4081 or 4091. petitive bidding pursuant to paragraph (1), Government by cutting spending or SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE the Commission shall— raising taxes to spend more money, the PASSED ON TO CONSUMERS. (A) seek to promote the most efficient use then-Democrat Congress and President (a) PASSTHROUGH TO CONSUMERS.— of the spectrum; Clinton unfortunately chose the latter. (1) SENSE OF CONGRESS.—It is the sense of (B) take into account the cost to incum- Congress that— The gas tax was hiked, a $4.8 billion an- bent licensees of relocating existing uses to nual increase that hit middle- and (A) consumers immediately receive the other bands of frequencies or other means of benefit of the repeal of the 4.3-cent increase communication; lower-income Americans the hardest. in the transportation motor fuels excise tax (C) take into account the needs of public Mr. Speaker, today the House of Rep- rates enacted by the Omnibus Budget Rec- safety radio services; resentatives has the chance to rollback onciliation Act of 1993, and (D) comply with the requirements of inter- this tax hike, a tax that never should (B) transportation motor fuels producers national agreements concerning spectrum have been raised in the first place, and and other dealers take such actions as nec- allocations; and essary to reduce transportation motor fuels our roll back is completely paid for. (E) take into account the costs to satellite That is, it does not increase the deficit. prices to reflect the repeal of such tax in- service providers that could result from mul- crease, including immediate credits to cus- Today, the people’s House has the tiple auctions of like spectrum internation- chance to show that we know where tomer accounts representing tax refunds al- ally for global satellite systems. lowed as credits against excise tax deposit (b) PERMANENT AUCTION AUTHORITY.—Para- the money in this great Nation comes payments under the floor stocks refund pro- graph (11) of section 309(j) of the Commu- from. It comes from the people who visions of this Act. nications Act of 1934 (47 U.S.C. 309(j)(11)) is made it, the working men and women (2) STUDY.— repealed. of the United States. It is only right (A) IN GENERAL.—The Comptroller General The SPEAKER pro tempore. Under of the United States shall conduct a study of they get to keep it, because they are the repeal of the 4.3-cent increase in the fuel the rule, the gentleman from Texas the ones who earned it. tax imposed by the Omnibus Budget Rec- [Mr. ARCHER] and the gentleman from A 4.3 cents a gallon decrease may not onciliation of 1993 to determine whether Florida [Mr. GIBBONS] will each be rec- sound like much to many people in this there has been a passthrough of such repeal. ognized for 30 minutes. town, but to the American working May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5339 people it means a lot. It is a lot be- The spectrum provisions of H.R. 3415, as re- CBO assumes, however, that the FCC would cause it belongs to them, not us. It is ported, would require the Federal Commu- seek to promote the most efficient use of the theirs, not ours. The people made it, nications Commission (FCC) to use competi- spectrum, as specified by the bill, and allo- they earned it, they should keep it. We tive bidding to assign licenses for 25 mega- cate the 35 MHz to the highest value use. hertz (MHz) of spectrum located below 3 Under the authority provided by Mr. Bliley’s should return it. Roll back the gas tax. gigahertz (GHz) and currently not designated amendment, CBO also would expect the FCC Vote ‘‘yes.’’ Show the American people for auction by the FCC or identified by pre- to auction additional parcels of spectrum Congress knows where the money vious law as spectrum available for transfer over the 1999–2002 period, resulting in esti- comes from. from federal to nonfederal use. The amend- mated receipts of about $5 billion. Mr. Speaker, I include the following ment would increase that amount from 25 In total, CBO estimates that the spectrum correspondence for the RECORD. MHz to 35 MHz. Under current law the FCC’s provisions in H.R. 3415 as amended would U.S. CONGRESS, authority to assign licenses by competitive raise about $7.9 billion over the 1998–2002 pe- CONGRESSIONAL BUDGET OFFICE, bidding is set to expire on September 30, 1998. riod. By comparison, we estimated spectrum Washington, DC, May 21, 1996. The amendment to H.R. 3415 would repeal receipts of $2.1 billion for the version of H.R. Hon. JOHN R. KASICH, this provision, thereby extending the FCC’s 3415 that was ordered reported by the House Chairman, Committee on the Budget, authority to use auctions indefinitely. Committee on Ways and Means on May 9, U.S. House of Representatives, Washington, DC. CBO estimates that the 35 MHz of spec- 1996. Hence, the proposed amendment would DEAR MR. CHAIRMAN: As you requested, the trum to be auctioned under the bill as increase the estimated spectrum receipts by Congressional Budget Office has reviewed amended would raise about $2.9 billion in $5.8 billion over the 1998–2002 period. The fol- the budgetary effects of the spectrum provi- 1998. The receipts from the 35 MHz of spec- lowing table summarizes the estimated ef- sions in H.R. 3415, as modified by the amend- trum could vary depending upon the types of fects of the spectrum provisions of H.R. 3415, ment to be offered by Mr. Bliley. licenses that the FCC decides to auction. as modified by the proposed amendment. [By fiscal year, in millions of dollars]

Direct spending 1996 1997 1998 1999 2000 2001 2002

Offsetting receipts under current law Estimated budget authority ...... ¥4,900 ¥11,600 ¥2,800 ¥100 ...... Estimated outlays ...... ¥4,900 ¥11,600 ¥2,800 ¥100 ...... Proposed changes Estimated budget authority ...... ¥2,900 ¥800 ¥1,400 ¥1,400 ¥1,400 Estimated outlays ...... ¥2,900 ¥800 ¥1,400 ¥1,400 ¥1,400 Offsetting receipts under proposal Estimated budget authority ...... ¥4,900 ¥11,600 ¥5,700 ¥900 ¥1,400 ¥1,400 ¥1,400 Estimated outlays ...... ¥4,900 ¥11,600 ¥5,700 ¥900 ¥1,400 ¥1,400 ¥1,400

The budgetary impact of this bill falls Commission may not treat this Section as you again for your assistance and coopera- within budget function 950. Congressional action for certain purposes.’’ tion in expediting floor consideration of this If you wish further details on this esti- By agreeing not to act on our referral, the important legislation. With best personal re- mate, we will be pleased to provide them. Commerce Committee does not waive its ju- gards, The CBO staff contacts are Rachel Forward risdiction over these provisions. Further- Sincerely, and David Moore. more, the Commerce Committee reserves its BILL ARCHER, Sincerely, authority to seek equal conferees on these Chairman. JAMES L. BLUM and any other provisions of the bill that are Mr. ARCHER. Mr. Speaker, I reserve (For June E. O’Neill, Director) within the Commerce Committee’s jurisdic- the balance of my time. tion during any House-Senate conference Mr. GIBBONS. Mr. Speaker, I yield HOUSE OF REPRESENTATIVES, that may be convened on this legislation. myself 1 minute. COMMITTEE ON COMMERCE, I want to thank you and your staff for your Mr. Speaker, this is another case of Washington, DC, May 15, 1996. assistance in providing the Commerce Com- Republican mismanagement. Here we Hon. BILL ARCHER, mittee with an opportunity to evaluate the Chairman, Committee on Ways and Means, provisions in H.R. 3415 within our jurisdic- are at the end of a 5-day holiday in U.S. House of Representatives, Washington, DC. tion. I would appreciate your including this Congress. I have more people who want DEAR MR. CHAIRMAN: On May 8, 1996, Rep- letter as a part of the Ways and Means Com- to speak against this crazy piece of leg- resentative Seastrand introduced H.R. 3415, mittee’s report on H.R. 3415, and as part of islation than I can possibly accommo- ‘‘a bill to amend the Internal Revenue Code the record during consideration of this bill date. We are gagged again. We cannot of 1986 to repeal the 4.3-cent increase in the by the House. say anything. transportation motor fuels excise tax rates Sincerely, We do not need this. We are only here enacted by the Omnibus Budget Reconcili- THOMAS J. BLILEY, Jr., Chairman. because Mr. DOLE is running for Presi- ation Act of 1993 and dedicated to the gen- dent, he is way the heck behind in the eral fund of the Treasury.’’ The measure was HOUSE OF REPRESENATIVES, referred to the Committee on Ways and COMMITTEE ON WAYS AND MEANS, polls and he has to do something to Means and to the Committee on Commerce. Washington, DC, May 15, 1996. jump start his campaign, and he has The Committee on Ways and Means ordered Hon. THOMAS J. BLILEY, Jr. chosen this. It is ridiculous. It is pan- H.R. 3415 reported on May 9, 1996. Chairman, House Committee on Commerce, dering at its worst. I think the Amer- The bill contains two provisions within the Washington, DC. ican people recognize it. Mr. Speaker, jurisdiction of the Commerce Committee. DEAR CHAIRMAN BLILEY: Thank you for they realize that our highways and our Those provisions are Section 6, ‘‘Authoriza- your letter today concerning the jurisdic- transportation system are in shambles. tion of Appropriations for Expenses of Ad- tional interest of the Committee on Com- This money ought to be going in the ministration of the Department of Energy,’’ merce in sections 6 and 7 of H.R. 3415, a bill highway system and in our transpor- and Section 7, ‘‘Spectrum Auctions.’’ Section to repeal the 4.3-cent increase in the trans- 6 of the measure delineates certain funding portation motor fuels excise tax rates. tation system, not to pander to a few authorizations for the Department of Energy I wish to acknowledge the Committee on voters so they can take a vacation a through Fiscal Year 2002, and Section 7 pro- Commerce’s jurisdiction over sections 6 and little cheaper. vides for the auction of additional spectrum. 7 of the bill, dealing with the authorization In America we have the cheapest gas Recognizing the need to bring this legisla- of appropriations for expenses of administra- prices in the world, the cheapest gas tion expeditiously before the House, the tion of the Department of Energy, and spec- prices in the industrialized world. We Commerce Committee will not act on its se- trum auctions. Accordingly, those provisions have the lowest gasoline tax in the in- quential referral of H.R. 3415 based on the were not considered by the Committee on dustrialized world. There is very little following agreement: (1) regarding Section 6, Ways and Means during its markup on May chance that any of this money will it is my understanding that the words ‘‘de- 9. I have no objection to the additional clari- partmental administration and other activi- fications you are seeking to make on these ever get back to the consumers. ties’’ encompass travel, training, human re- items, over which the Committee on Ways The oil companies will keep it. sources, support services, and other adminis- and Means does not have an interest. Mr. ARCHER. Mr. Speaker, I yield 1 trative activities; and (2) regarding Section As you requested, I have included a copy of minute to the gentleman from Penn- 7, it is my understanding that you would not your letter in the Committee report, and will sylvania [Mr. GEKAS]. object to the deletion of Section 7(b) of H.R. insert a copy of it in the Record during con- Mr. GEKAS. Mr. Speaker, I thank 3415 entitled, ‘‘Federal Communications sideration of this bill by the House. Thank the gentleman for yielding time to me. H5340 CONGRESSIONAL RECORD — HOUSE May 21, 1996 Mr. Speaker, for me this vote is one The people that are being deceived b 1745 of keeping faith with the constituents today are not going to thank the Re- Mr. GIBBONS. Mr. Speaker, I yield 2 and voters who sent me here to Wash- publicans, because all they are going to minutes to the gentleman from New ington in the first place. In 1993 I voted get is 52 cents a week, but the oil com- York [Mr. RANGEL]. against the imposition of the increased panies are going to get $4 billion a (Mr. RANGEL asked and was given gas tax. That was unconscionable then. year. That is quite a noteworthy dif- permission to revise and extend his re- It made a costly gesture towards the ference. It is something which reflects marks.) consumers of our country, towards the poorly on this House, both as to its in- Mr. RANGEL. Mr. Speaker, my dear voters, toward our constituents. Now tegrity and as to its intelligence. friend from New York, BEN GILMAN, here today we are on the verge of being Mr. ARCHER. Mr. Speaker, I yield has the right idea about this. We have able to correct an error made by the myself such time as I may consume. got to tell these oil companies that we Congress and the administration. Mr. Speaker, I would simply respond mean business, that this is not sup- I vote to correct the record. I vote to to the gentleman from Michigan [Mr. posed to be just a windfall thing. Why, repeal the gas tax. It was a monu- DINGELL] that once again Democrats it took the gentleman from Kansas a go, cloaking and obscuring the fact mental nuisance tax back in 1993, long time to come up with this one, that they do not want to give a tax re- added to the greatest tax increase took the President a shorter time, of duction to anybody. This tax is a retail known to mankind. We can try to set course, to adopt it, but this is that sales tax on gasoline. It is collected at the record straight here today by show- time of the year. ing we were against big taxes then and the terminal rack in order to eliminate But I think my Republican friend is for the repeal of this tax now. fraud and abuse. The refinery gets none saying that it is time to let the oil Mr. GIBBONS. Mr. Speaker, I yield 2 of it. The gentleman from Michigan companies know that in the House of minutes to the gentleman from Michi- and his colleagues who talk about the Representatives we put the consumer gan [Mr. DINGELL]. refiners being able to pocket this do first. That is why I am going to give (Mr. DINGELL asked and was given not understand how the tax is even col- you an opportunity, when we have a permission to revise and extend his re- lected. The refiners cannot benefit be- motion to recommit, to vote and make marks.) cause the tax is added onto their price certain that these oil barons pass on Mr. DINGELL. Mr. Speaker, this bill at the terminal rack. is a sham. None of this is going to get Mr. Speaker, I yield 1 minute to the this 4.3-cent tax cut to the consumer. If they do not do it, then of course we to the consumer. Every bit of it is gentleman from New York [Mr. GIL- will make certain that they pay back going to go to the big oil companies. MAN], the respected chairman of the The proof of it is that when our col- Committee on International Relations. the 4.3. leagues and our people go to the pumps (Mr. GILMAN asked and was given The last thing I know my friends on the day after this passed, the money is permission to revise and extend his re- the other side of the aisle would want not going to be there. The average citi- marks.) is that this 4.3-cent tax, which in 7 zen is going to get 52 cents a week, two Mr. GILMAN. Mr. Speaker, I thank years really can come to $30 billion, pennies, two quarters. That is all he is the gentleman for yielding time to me. not end up in the pockets of the oil going to get our of this. The oil com- Mr. Speaker, I want to commend the people or the refineries. What we want pany is going to get $4 billion a year. distinguished chairman of the Commit- to do is to make certain that each and That seems to me unfair. tee on Ways and Means for bringing every voter, or to put it another way, Nobody who has appeared before us this measure to the floor. each and every motorist remembers us and nobody on that side of the aisle, Mr. Speaker, I rise in strong support in November that we reduced the price where my Republican colleagues have for H.R. 3415, legislation to repeal the for them by 4.3 cents. been holding forth the virtue of this, 4.3 cents gas tax. I do so in an effort to So I hope that some of my colleagues has been able to point where the money express my deep concern over the cur- that are a little skeptical about these is going to go. The money is going to rent rise in gasoline prices. oil people or those who know best go to the oil companies. That is where The current debate over the 4.3 cents might join with me at the end of this it is going to go. No witness on behalf gas tax can be attributed to the recent bill to make certain that we are talk- of the oil companies or anybody else spike in gas prices. In fact the last ing about consumer protection. I want who came to the committee could tell week of April and first week in May to thank the gentleman for his good us anything else than that the money saw a five cent increase in the average feeling about this. was going to go to the big oil compa- price of a gallon of gas. Furthermore, Mr. ARCHER. Mr. Speaker, I yield nies. it has been reported that gas prices myself such time as I may consume. If my colleagues really want to do have increased by more than 10 per- Mr. Speaker, I simply respond to the something for the people of this coun- cent, well above inflation. gentleman from New York that this is try, and I think it would probably be During times of continued corporate another effort on the part of the Demo- suitable, we can give the average citi- downsizing mixed with slow economic crats at price fixing, which they said zen $40, $40 a week in differences, by growth, and the rising cost of living, it was going to keep people from having simply doing something that really is is imperative that Congress do all it to pay higher prices back in the 1970’s going to help the ordinary citizens; can to protect our constituents pocket- at the gasoline pump. But it was only that is, by passing the minimum wage books. after President Reagan removed price legislation that we have been trying to Though many will argue that the re- controls that the price of gasoline went get. I do not want to leave this around peal in the gas tax will not be passed down. here too long because my Republican along to the consumer but rather kept Mr. Speaker, I yield 2 minutes to the colleagues, when they see money that by wealthy oil companies, I believe it gentleman from Texas [Mr. BARTON], a belongs to ordinary people, want to is imperative that my colleagues sup- member of the Committee on Com- take it away from them and give it to port this measure to send a message to merce. the oil companies. these companies informing them of the (Mr. BARTON of Texas asked and But having said that, just make note, congressional outrage to the current was given permission to revise and ex- this money that we are giving back is gas price increases. By supporting this tend his remarks.) going to go only one place. It is going measure I am hopeful that the threat Mr. BARTON of Texas. Mr. Speaker, to go to the oil companies, and they of congressional retaliation against oil my good friend and colleague from are going to thank you for it. It is companies will be sufficient in moti- Michigan, Mr. DINGELL, a member of going to show up in their annual state- vating those firms to pass along the the Committee on Commerce, asked ments, it is going to show up in their savings to the consumer. the question, Where is the money going quarterly reports, it is going to show Accordingly, I urge my colleagues to to go? With all due respect, that is the up in their 10-Ks and 10-Qs. They are support this measure and I look for- wrong question. The question is, Where going to enjoy it immensely, and they ward to working with my colleagues in is the money going to come from? are going to thank the Republicans for finding solutions to prevent such prac- The money has been coming out of it. tices from happening in the future. the pockets of the American taxpayers, May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5341 who have about given all they can give. tell the chairman of the Committee on Mr. THOMAS. Mr. Speaker, I thank This bill repeals the 4.3-cent gasoline Ways and Means, has this been accom- the gentleman for yielding me the tax and allows the taxpayers to keep plished, not once. time. some of what they have been giving. Under the economic program that ev- Mr. Speaker, it just seems to me My pockets are dirty and they are erybody on the Republican side of the sometimes we get carried away in our empty, I want the RECORD to clearly aisle not only opposed, but they said if speeches, because we try to get people show that. we adopted it the economy would go es- to believe that the real world does not This 4.3-cent gasoline tax repeal sentially south in a hand basket, they work the way the real world works. leaves money in the taxpayers’ pock- said it would drop off the end of the You have heard a number of my col- ets. It also repeals a tax that most world, that it would be an utter failure, leagues, the most recent one on this American citizens thought was going in fact, exactly the opposite has hap- side of the aisle, say it is not going to to build highways. However, this tax pened. Inflation down, employment up, be passed on to the consumers. increase actually went into the general unemployment down, the stock market How many of you have driven by a revenue fund to increase social spend- up. The economy is doing very well, gas station at any time in your life ing. thank you. when there were two stations on the There is a section, section 6 of this Let us not retreat, which is why the same corner and there was a nickel dif- bill, that does direct the Committee on Concord Coalition, one of the most re- ference between the two? The answer is Appropriations to reduce the appro- sponsible bodies in this country on re- never. All you have to do is have one priation accounts for departmental ad- ducing the deficit, says vote ‘‘no’’ on enterprising station owner decide as a ministration at the Department of En- this sham. gimmick to sell more gasoline to say, ergy by $542 million over 5 years. The I rise to oppose this measure that helps nei- ‘‘I am lowering my price by 4.3 cents Secretary of Energy has been traveling ther consumers nor the future of our Nation. and I am passing the savings on to extensively until this year, in fact, so Despite all the rhetoric of recent days, en- you,’’ and how long does he stand much so that they have had to transfer actment of this legislation would not reduce alone? What happens is the guy on the funds from a defense program in the the price that all of us pay for gasoline. next corner says, ‘‘We are passing it Department of Energy to offset some of Disguised as a pro-consumer measure, this along, too.’’ the increased travel expenditures. In bill is simply an excuse for big oil companies What happens, as in any market situ- the President’s budget they requested a to keep more of their profits. ation in a highly competitive product, 38-percent increase for departmental I regret that the Republican leadership is re- is that once somebody gets the idea administration. This bill would rescind fusing to allow consideration of provisions that that they can get the consumer to that increase and cut the administra- would guarantee that the gas tax repeal goes come to them rather than someone else tion budget for the Department of En- into the pockets of consumers. by offering something. ergy to offset some of the lost revenue. Recent experience confirms that the retail And the headlines are going to be, fi- So I rise in very strong support of the prices that you and I pay are not directly nally we have repealed a tax that never bill and would congratulate the Com- linked to wholesale costsÐso this bill is little should have been imposed in the first mittee on Ways and Means for bringing more than an excuse for big business to keep place, and it is going to be passed on to it forward. an additional 4.3-cents per gallon. consumers because somebody out Mr. GIBBONS. Mr. Speaker, I yield I would hope that my Republican friends there, an entrepreneur is going to be 21⁄2 minutes to the gentleman from shared my excitement over this morning's re- bright enough to say, ‘‘I am lowering Maryland [Mr. HOYER]. ports that, thanks to President Clinton's lead- the price, you get the tax benefit,’’ and Mr. HOYER. Mr. Speaker, the gen- ership, the 1996 deficit will be even less than it will not be able to be contained to tleman from Texas says we are asking expected and will be our fourth consecutive that one bright entrepreneur. the wrong question. It is whose pockets year of deficit reduction. The idea that you have to have gov- it goes into. Good question. Answer: Before they took over the leadership of the ernment tell people they have got to Wholesale prices going down, I tell the Congress, my Republican friends talked a lot pass it on is a classic example of the gentleman from Texas, retail prices about deficit reduction. difference between a party that be- going up. Going up. But now they have brought to the floor a bill lieves in market-oriented entre- I do not know anybody that believes that would cost $3 billion this year and reduce preneurs and the government having to that this is going to be passed directly revenue by $34 billion over 7 years. tell you how you are supposed to run a along to them, and I am surprised the They say they have paid for the reduction competitive market-based structure. Republicans did not allow us to ensure but in fact those savings should be used for All you have to do is to vote here and the fact that it would go in the con- additional deficit reduction. you will see it out there tomorrow, un- As a supporter of the balanced budget sumer’s pocket, so in fact the pockets less of course you do not have any con- amendment to the constitution, I believe we of the gentleman from Texas, Mr. BAR- fidence at all in the American system. should not waiver from our course. The bill be- TON, would have a little more in them Mr. GIBBONS. Mr. Speaker, I yield 2 and all of our folk’s pockets would fore us is a first step towards unraveling the minutes to the gentleman from Califor- 1993 economic plan that has now produced have a little more in them. nia [Mr. MATSUI]. This is one of the most patently po- four consecutive years of deficit reduction. Mr. MATSUI. Mr. Speaker, I would The U.S. Gas tax is not unreasonable. In litical pandering proposals I have seen like to thank the gentleman from Flor- fact, it is substantially less than that of France, on this floor, period. The gentleman ida for yielding me the time. Japan, Britain, Spain, Italy, the Netherlands, from Texas voted for a constitutional Mr. Speaker, I have to say that this and Canada. amendment to balance the budget, but debate is kind of interesting, because The Concord Coalition has cautioned he does not want to balance it in any about 3 months ago when we first against this step backwards. In a May 7 letter way other than cutting out school talked about the repeal of the 4.3-cent they stated: lunches, or cutting out student loans, gas tax, the Republicans came in like It is a sad commentary on the depth of or cutting out health care, apparently. commitment to balancing the budget that an elephant, and now that this debate Let us get real. after a year of hard work, a balanced budget has ensued and now we are near the end Not one of you can show in any de- plan still has not been adopted, while after of the day, they are walking out like monstrable way that this tax had any- scarcely a week, a bipartisan stampede to mice. thing to do with raising the gasoline pander to motorists is being allowed to un- The reason for it is because the Re- prices, because in fact after we adopted dermine deficit reduction efforts. publicans have put to all of you, the it, guess what? Guess what? Gasoline We should reject this legislation and `stay American public, a great, great decep- prices went down, not up. the course' towards elimination of the deficit. tion. I do not think anyone knows this, But guess what did go down? Some- Mr. ARCHER. Mr. Speaker, I yield 2 but the fact of the matter is, this great thing did go down: The deficit, ladies minutes to the gentleman from Califor- debate is going to result in a 4.3-cent and gentlemen, as a result of the 1993 nia [Mr. THOMAS], the respected chair- tax cut of the gas tax for 7 months. It bill, will go down for the fourth year in man of the Subcommittee on Health of expires on December 31, 1996, so we got a row. Never before in this century, I the Committee on Ways and Means. a 7-month gas tax repeal. H5342 CONGRESSIONAL RECORD — HOUSE May 21, 1996

So we are going to get big headlines all of the people across America, knows ROYCE], another sponsor of this legisla- in the newspaper tomorrow. It is going what it is about, the extra increase in tion. to be on national TV tonight. You can prices of gasoline, because it is going Mr. ROYCE. Mr. Speaker, in 1992, understand why they tried to do it ear- to be shown in that head of lettuce when he was running for President, lier in the day. But the fact of the mat- that people are going to buy at the su- President Bill Clinton promised he ter is they want to get through the permarket. would not raise Federal gasoline taxes. election, the election in November of Well, in California, in the district of But just 1 year after he was elected, in this year. They are going to say, ‘‘We Santa Barbara, there was one station, August 1993, he pushed through the passed a gas tax repeal, 4.3 cents,’’ but a couple of stations that had gasoline Congress a budget proposal with over the reality, on January 1, 1997 that gas at over $2 a gallon. So what we want to $265 billion in tax increases, including tax is going to go up 4.3 cents again. do is give some quick relief. a 4.3 cents per gallon hike in the Fed- So I want to congratulate the Repub- We all know there is a number of rea- eral gas tax. licans because they tricked people. sons why. It has been stated on the At the time the President assured his They tricked them over the last 3 floor here, the harsh winter and we are colleagues that the 1993 tax increase months, thinking that you were doing producing heating oil instead of gaso- would only affect the rich. In reality something really great for the Amer- line. Another reason I would like my the gas tax increase has had a signifi- ican people, but they are walking out colleagues to know in California is cant day-to-day impact on American like mice. there were regulations implemented to families, especially those who are mid- Let me make one other observation. get cleaner gasoline so that we can dle and lower income. The gentleman said that the consumers have cleaner air. What does that mean? These are the folks that are feeling will get this 4.3 cents. Why is it then It means we are going to have to pay the pinch at the pump, not the rich. To that the oil refineries, why is it then for that, in this case about a dime a add insult to injury, none of the 1993 that the auto dealers or the gas station gallon. increase goes toward improving our owners want this cut? Because they So I would just say, let us give it to Nation’s roads, bridges or highways, know they are going to get a piece of the consumer, and let us give them which would be of some benefit to the the action. They know it is not going some tax relief. user. to go to the consumers. We all know Mr. GIBBONS. Mr. Speaker, I yield 2 This is a perfect case study of how that. minutes to the gentlewoman from Con- the philosophy of redistribution of in- ENNELLY]. In fact, the gentleman from New necticut [Mrs. K come can backfire. The painful in- Mrs. KENNELLY. Mr. Speaker, fact: York [Mr. RANGEL] offered an amend- crease in the price at the pump gives us ment in the committee, and he was Yes, the gas tax was raised 4.3 cents in 1993, among great pain. The reason this an excellent opportunity to repeal the turned down by the Republicans on tax that never should have been im- that issue, to pass this cost on to the happened was the deficit had got out of control, $290 billion. Three years later posed, while at the same time helping consumer. taxpayers keep more of their hard- Mr. Speaker, this is a fraud. Vote it came down to maybe $140 billion, earned money. ‘‘no’’ on this bill. possibly even $125 billion. Mr. ARCHER. Mr. Speaker, I yield 2 Fact: This bill is going to pass. Fact: Mr. GIBBONS. Mr. Speaker, I yield 2 minutes to the gentlewoman from Cali- The 4.3 cents is not going to go back to minutes to the gentleman from Massa- chusetts [Mr. MARKEY]. fornia [Mrs. SEASTRAND], the sponsor of the consumers. The gentleman from Mr. MARKEY. Mr. Speaker, oil prices this legislation. California gets incensed. Why do we Mrs. SEASTRAND. Mr. Speaker, I not believe in the free market? The are up, profit for oil companies are am always amazed as a freshman com- reason is we have experience. Decem- soaring, oil company executives are re- ing to this House to do what my con- ber 31, 1995, just a short time ago, the cording record increases in their stock stituents have sent me, to change this noncommercial jet fuel tax went down options. But crude oil prices are com- place and to work against the bureauc- from 21.8 cents to 4.3 cents, four times ing down, and oil companies are telling racy. I am amazed to hear some of my what we are talking about tonight, the New York Times it will take maybe colleagues on the other side of the down 17.5 cents per gallon. Have we to the rest of the year for us to figure aisle. They have never met a tax that seen any of that? We have not seen 1 out how to get that passed on to the they do not like, and they just are penny of reduction. consumer at the pump. holding on to the gas tax, even though Mr. Speaker, it is a fact that this gas This tax break, however, goes not to we are talking about a temporary re- tax is going to be repealed for 7 the consumer, but to the oil company peal of the 4.3-cent gas tax which was months. It is a fact that the deficit refiners. And the Republicans say, well, enacted by President Clinton and the maybe will not go down as much as it that is the way to do it. Give it to the old 103d Congress, who believed in in- should. It is also a fact that the can- refiners. Do not you trust the refiners? Trusting the oil companies is like creasing taxes every time there was a didate for President, Mr. DOLE, should trusting in the tooth fairy. There is ab- problem. not use any more of these ideas at this I just would urge my colleagues to point in time. We should get back to solutely no guarantee that the oil com- let us do this quickly so that we can work and be doing what we should be panies are going to pass this on to the provide the relief from the recent surge doing, not appealing to the electorate consumer. They have been ratcheting in gas prices, especially before we go of the Presidential race when we are up prices over the last several months. into the summer driving and we see supposed to be doing congressional Saddam Hussein yesterday was given Americans increase their driving, and work. the opportunity to sell oil on the world we also see perhaps an increase in the Mr. ARCHER. Mr. Speaker, I yield market. What happened? Oil prices demand for fuel and increased prices. myself such time as I may consume continued to rise in this country. Now, I know it is hard for many of simply to respond. The marketplace which is presumed the people here that live on Capitol We have a case example of what hap- by the Republicans is not the market- Hill to understand what it is like 3,000 pens when a tax is removed. Earlier place observed by consumers at the miles away on the central coast of this year, we saw how well competition gasoline pump. They want this tax California and how my constituents drives the prices charged to consumers. break. The Democrats wanted an op- have to depend on that automobile, On January 1, the 10-percent airline portunity to give it to the taxpayer in that truck, to get them to and from ticket tax expired. That same day, their tax forms next year. The Repub- school, to and from work, to and from most of the motor carriers reduced licans give the entire tax break to the the supermarket, getting the children their air fares by a corresponding 10 oil refiners and ask them, pretty where they have to go, so we drive a lot percent and within 24 hours the pres- please, pass it on to the consumer at on the central coast. sures of competition drove another the pump. major air carrier to drop its fares by 10 Well, we will wait for the rest of this b 1800 percent. year, and maybe, just maybe, some of My agriculture industry, which is Mr. Speaker, I yield 1 minute to the it will trickle down to the consumer. driving the produce to the markets for gentleman from California [Mr. But the consumer has been trickled on May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5343 by Republican economic theories for Do you realize gas prices back in 1965 leader in the Senate, or the former ma- the last 16 years, and they know very were only 20 cents? Do you realize in jority leader, Mr. DOLE. So we hear all well after this last 5 months with the 1975 it was only 45 cents? In 1985, it was of these rhetorical flourishes, when a oil companies that there is very little only 98 cents? And today, it is only lot of Republicans did the same thing likelihood that it is going to be passed about 80 or 90 cents? in 1990. What credibility is there? on this year, and in fact what will hap- Why are you paying so much money If there is such a passionate belief, pen is that not only the $130 they made when you pump, stick that nozzle in why is it temporary? Why is it tem- out of each consumer in price rises, but your tank? Why do you pay $1.20 or porary? We in the committee suggested the tax break itself will wind up in the $1.30 or $1.40 or $1.50. Why are you not it be, at least some of us, on a perma- oil company pockets. paying what the oil refineries have as nent basis. Almost every Republican, Mr. ARCHER. Mr. Speaker, I yield their cost? Why do you not pay what including I think the Member who just myself such time as I may consume Don Gentz pays to put that gas into his spoke, voted ‘‘no.’’ simply to respond to the gentleman. tank in the ground? Why do you con- You have tried extremism. You His rhetoric runs very deep and heavy sumers not pay that? gorged yourself on it, it does not work. in an election year. The reality is, and Because the Democrats believe that Now you are trying manipulation, no I have said this already twice today, they spend your money better than you matter how transparent. but he does not seem to understand do. So they raised gas prices through Let me say a word about the market. how the tax is collected. the gas tax. And now, in 1995, instead of Here is what a very conservative econ- The refiners do not have anything to paying just 80 cents, you added another omist said at our hearing. These were do with the tax. The refiners will not 40 cents on. his words in the press earlier. get a rebate of the tax. They do not We just want to take a small part ‘‘The Republican-sponsored solution charge the tax. In fact, his own col- away. The reason is very simple, and to the current fuel problem is nothing league, the gentleman from Maryland this is the whole crux of the debate. more and nothing less than a refiners’ [Mr. HOYER], just showed that the Who do you think spends your money benefit bill. It will transfer upwards of wholesale price of gasoline, which is better? Do you believe the wasteful $3 billion from the U.S. treasury to the what the refiner gets for gasoline, is Washington bureaucrats and Rep- pockets of refiners and gasoline mar- going down. The refiner is not at all in- resentatives and Senators in Washing- keters.’’ volved in this. The gentleman should ton do it, or do you think the people When we in the committee, Demo- go back and learn the basics of how back home, who pump their gas every crats, proposed a solution so it would this tax is collected. single day so they can get to work and go directly to the consumer, almost Mr. Speaker, I yield 3 minutes to the drive their kids to day care and make every Republican voted ‘‘no.’’ gentleman from Iowa [Mr. NUSSLE], a sure they get some money in their I finish with this: We just debated respected member of the Committee on pocket at the end of the day, that they the budget resolution. There were lots Ways and Means. do a better job of spending that money? of speeches about the deficit. Now, just Mr. NUSSLE. Mr. Speaker, I thank I happen to believe in Don Gentz. I a few days later, here we come with a the gentleman for yielding me time. happen to believe in the people that are fix, 7 months only, that will increase Mr. Speaker, listening to the last driving to day care. I believe we ought the deficit and not help the consumer speaker, he said how the Democrats to reduce this gas tax. at all, or very much at all. want to give it to the American people. Mr. GIBBONS. Mr. Speaker, I yield Mr. Speaker, this is bad policy, and They sure want to give it to the Amer- myself 30 seconds. the worst kind of politics. We should ican people, the way they did in 1993 Mr. Speaker, the gentleman in the vote ‘‘no.’’ when they raised the taxes, the largest well who just made these protestations Mr. ARCHER. Mr. Speaker, I yield 3 in American history. that we are not spending this money on minutes to the gentleman from Texas I would like to go back and talk a lit- roads and highways, when I made a mo- [Mr. DELAY], the majority whip. Mr. DELAY. Mr. Speaker, I thank the tle bit about why they raised the tax. tion in committee a couple of weeks chairman for bringing this bill to the You would think that they raised the ago, as I recall, the gentleman is in the tax in order to repair roads, or to fix floor. well now and can correct me, you voted Mr. Speaker, I rise in support of this potholes, or for mass transit, or for against my motion to put this money bill to repeal the President’s unfair and senior transportation, or to make sure in the Highway Trust Fund. unwise gas tax. that our bridges were in repair. Is that Mr. NUSSLE. Mr. Speaker, will the This is an amazing debate, do you the reason? gentleman yield? not think? On this side of the aisle, Absolutely not. And now we have the Mr. GIBBONS. I yield to the gen- there is not a tax that they do not love. ranking member running into the tleman from Iowa. They are trying every way they can to House today saying it went for deficit Mr. NUSSLE. Why did it take the hang on to more taxes on the American reduction. gentleman so long? Is that a revelation family, and they claim ‘‘we did it for But you did not, And it did not go to that just kind of came to him? deficit reduction.’’ roads, it did not go to bridges, it did Mr. GIBBONS. I tried to get the gen- One of the reasons that maybe some not go to potholes. It went for deficit tleman to yield when he was down of the Republicans voted for the gas reduction, they say. there talking. He would not yield to tax back in 1990, I did not, but they But did it work? Absolutely not. Ab- me. wanted that tax to go to roads. solutely not. In fact, it went for waste- Mr. NUSSLE. Is it a revelation? ‘‘Let ful Washington spending, so that you us put it in the Highway Trust Fund?’’ b 1815 could tell the folks back home what Mr. GIBBONS. I gave the gentleman It is more of a user fee. What the kind of great job you were doing in an opportunity to put it in the trust Democrats did and what the President your districts and what kind of great fund, and he said no. did in 1993 is take an honored tax, that job you were doing on deficit reduc- Mr. NUSSLE. Why did the gentleman usually goes for roads, a user fee, and tion, when in fact all you did was take not take the opportunity in 1993? put it into deficit reduction so that more money out of their pocket, bring Mr. GIBBONS. Mr. Speaker, I yield 2 they could spend more money. it out here to your pocket, because you minutes to the gentleman from Michi- Let us not be under any illusion believe you spend the money better gan [Mr. LEVIN]. about this legislation. It probably will than they do. Mr. LEVIN. Mr. Speaker, I would like not have a profound impact on the Let me tell you a little bit about gas to pick up on the comments of the gen- price of gas at the pump. It will lead to taxes and how it all works. I have a tleman from Florida [Mr. GIBBONS]. In slightly lower gas prices, but in the friend of mine, Don Gentz, who runs 1990, in the summit agreement, there marketplace the laws of supply and de- Don Gentz Standard in Manchester, IA. was an increase in the gas tax. Half of mand still play the biggest role in the He tells me the folks in Manchester do that went for deficit reduction, not for price of gasoline. not even realize the price of a gallon of roads. Who voted for it? A lot of Repub- There is, however, a bigger story be- gas. licans in this House, and the majority hind this gas tax repeal. Three years H5344 CONGRESSIONAL RECORD — HOUSE May 21, 1996 ago, without one single Republican The second problem is that the We would need to double our investment in vote, President Clinton and the Demo- consumer will not get the benefit of transportation just to maintain current lev- crats raised the largest tax increase in the 4.3-cent gasoline tax cut. Econo- els of service and safety, according to gov- ernment studies. The United States invests history on the American people. Today, mists before the Committee on Ways about two percent of its gross domestic prod- we are saying that those tax increases and Means indicated that it will not be uct in infrastructure renewal, one-third the were wrong. This gas tax repeal is the passed through. This is only a 7-month ratio of European nations or Japan. start, only the start, of a process, an repeal. It comes right back after the With that dismal record of capital recon- ongoing process, of reversing the Presi- elections. The $2 a month a typical struction, how much longer can we maintain dent’s tax increases. family will save will evaporate; will our world leadership position? Now, some of my colleagues on the not even be there. JACK KINSTLINGER. other side of the aisle will come down Mr. Speaker, I hope that my col- Mr. ARCHER. Mr. Speaker, I reserve here, and we have seen it in speech leagues will do the right thing on this the balance of my time. after speech, and they will argue proposal. I want to quote from one Mr. GIBBONS. Mr. Speaker, I yield 2 against this repeal of the gas tax. They more letter that was written in the minutes to the gentleman from Califor- will say that the Government should Baltimore Sun by Mr. Jack nia [Mr. MILLER]. (Mr. MILLER of California asked and keep this nickel in revenue, it is only a Kinstlinger, who called the proposal to was given permission to revise and ex- nickel, to pay for more social welfare repeal the gasoline tax foolish and counterproductive. tend his remarks.) programs. Well, my friends, I say for 40 Mr. MILLER of California. Mr. Let us understand what we are doing. years the Congress has been nickel- Speaker, this bill that is before us to Mr. Rosenberg of Crown Central said, and-diming the American family to cut the gas tax is not about putting and I want to just quote this, ‘‘Con- death. more gasoline in the tanks of the gress should have the courage to sup- Today, the Government takes over 50 American consumers’ automobiles, this port what is right, and that is to be fis- percent, 50 percent, of the average fam- is about putting fuel in BOB DOLE’s cally responsible.’’ ily’s paycheck. Today, both parents are campaign for the Presidency that was I urge my colleagues to do that and forced to work, one to support their stalled and out of gas on the side of the family and the other to pay for the to defeat this bill. Mr. Speaker, the letters referred to road. Government, and they want to hold on Mr. DOLE decided he would give up ef- earlier follow: to that money because they can spend forts at deficit reduction and he would it better. The American family can CROWN CENTRAL try to curry favor with the American spend it better. PETROLEUM CORP., public by reducing the gas tax for 7 We need to lower the cost of govern- Baltimore, MD, May 8, 1996. The PRESIDENT, months or 6 months by maybe 4.3 ment. We need to lower the levels of The White House, cents, and we do not even know wheth- taxation and lower the strains on the Washington, DC. er or not that will be passed on. This is family and get the country on the right DEAR MR. PRESIDENT: I am writing to ex- about Presidential politics and a failed track again. This gas tax repeal is a press opposition to the current proposals to campaign to try to use the gas tax to start in that process, and for that rea- reduce the federal gasoline tax. The 4.3 cents jump-start that campaign. son I support it and urge my colleagues per gallon tax, included in the 1993 budget, In California, the State I come from, to support it. should remain as a deficit cutting measure. the wholesale price of gasoline has Mr. GIBBONS. Mr. Speaker, I yield 2 Long-term damage to U.S. economy, caused dropped 15 cents since May 6, but at by repeal of the tax, would far outweigh any minutes to the gentleman from Mary- short-term gain for the consuming public. the pump it has only dropped 2 cents. If land [Mr. CARDIN]. Crown does not traditionally support in- we take this tax and cut it again, it (Mr. CARDIN asked and was given creased gasoline taxes, especially when the does not mean that the consumer is permission to revise and extend his re- revenue generated is not used directly for going to get the benefit. The refiners marks and to include extraneous mat- the building of highway infrastructure. In now have the ability to hold the price ter.) this case, however, the roughly $4.5 billion up because there is 4 cents give. Mr. CARDIN. Mr. Speaker, I thank generated by this tax each year is essential So the refiners, I would say to the to our efforts to reduce the deficit. Putting the gentleman for yielding me this gentleman from Texas, can benefit our economy back in balance is of far greater from this because they force it on to time. importance to both our industry and the It is interesting that the proponents country than returning a few dollars to mo- the service station owner. They have are talking about everything but the torists. every ability to do that, or the service merits of the particular bill that is be- We currently bequeath to our children a station owner simply will not pass it fore us. My constituents understand trillion dollars of debt every four years. It is on, as they are not doing currently, as this is election year politics and it is our duty to change this situation, not to they are not doing currently under the very expensive. make matters worse. A knee-jerk political rather dramatic drop in the wholesale reaction to the temporary problem of higher price of gasoline in the California mar- Let me, if I might, quote from a let- gasoline prices is not an appropriate action ter I received from Henry Rosenberg, for Congress. The market, when left to take ket. who happens to be the chairman and its course, will correct any imbalances and What has happened here was this tax CEO of Crown Central Petroleum Corp., will put the price of gasoline where it should was put on because the country said a producer and refiner of gasoline. be. In the meantime, Congress should have they were tried of the red ink of the Mr. Rosenberg states: the courage to support what is right, and deficit. This was part of President Clin- that is to be fiscally responsible. ton’s plan to reduce the deficit, the I am writing to express opposition to the Sincerely, current proposal to reduce the Federal gaso- most successful deficit reduction plan HENRY A. ROSENBERG, Jr. line tax. The 4.3-cents-per-gallon tax, in- in the last 25 or 30 years. He did not do cluded in the 1993 budget, should remain as a what the Republicans were doing GAS TAX NEEDED TO REBUILD ROADS deficit cutting measure. Long-term damage through the 1980’s, talking about bal- Republican proposals to roll back the 4.3- to U.S. economy, caused by repeal of the tax, anced budgets, talking about reducing cent federal gasoline tax enacted as part of would far outweigh any short-term gain to President Clinton’s 1993 deficit reduction the deficit. He, in fact, reduced the def- the consuming public. package are foolish and counter-productive. icit. In fact, he has cut it by more than The rationale advanced by the spon- The current surge in fuel prices is due to half, and it has continued to go down sors of this legislation is that the mo- pricing decisions of the petroleum industry, and people have continued to receive toring public needs help because of the not tax levels. the benefits of low-interest rates as recent increases in gasoline prices. Rather, what is needed is for the receipts they have been able to refinance their Well, there are two problems with that. to be deposited into the Federal Highway houses and other things. So the Presi- First, as has already been pointed out, Trust Fund, which finances the rebuilding of America’s deteriorated roads and sub- dential meant it for real. Now the Re- the gasoline tax has nothing to do with standard bridges. Forty percent of bridges in publicans want to give up on deficit re- the recent increase in gasoline prices. the U.S. are substandard, and 30 percent of duction with this ploy. In fact, we have seen in recent years a interstate highway pavements are deterio- Mr. ARCHER. Mr. Speaker, I yield decline in gasoline prices. rated. myself such time as I may consume. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5345 I do not know how often I have to say press releases, from the big three oil However, at the approximately 12,600 Tex- it. This bill does not increase the defi- companies, Chevron, Texaco and Arco, aco-branded service stations which are cit. And why is the deficit down since all indicating that they intend to pass owned or operated by independent business people, Texaco is precluded by law from set- 1993? Not because of the taxes that are the gas tax repeal directly through to ting pump prices at these locations. taken out of the pockets of people for the consumer. All of the gasoline inventory held in stor- gasoline. Arco’s headline: Arco will imme- age in bulk plants and service stations on It is down because, yes, we did not diately reduce total gasoline price if 4.3 the effective date of any tax repeal will have have to bail out any more insurance on Federal gas tax is eliminated. Texaco already incurred the full pre-repeal tax of 4.3 depositors of savings and loans. says the same thing. Chevron says, and cents per gallon. Unless a refund system is That was taken off as a spending I quote, any decrease in the Federal put into place, prices consumers pay at the item because of the courage of Presi- pump could remain at pre-repeal levels until gasoline tax would be immediately re- that higher-cost inventory gasoline is sold. dent Bush in taking on that respon- flected in the prices Chevron charges to Many factors, including the competitive sibility. But that was no longer there. motorists at our 600 company-operated environment in which a station conducts It declined and went away. stations in the United States through business, influence the price of gasoline at a And because of the reduction in de- reductions, which, on average, would service station, thereby making it impos- fense spending, which was already on equal the amount of the tax decrease. sible to predict gasoline prices at any time the books when President Bush left of- So let us be honest here, folks, in in the future. The repeal of the 1993 4.3 cents per gallon fice, and the down building of the De- this debate. I know that some are federal gasoline tax would reduce the aver- fense Department. caught between a rock and a hard spot, age nationwide state and federal tax on gaso- And then, what I believe was a very, I know they are trying to justify and line from 42.4 cents to 38.1 cents per gallon. very unwise thing, to convert more defend the largest tax increase in In the competitive market in which the in- long-term debt to short-term debt be- American history, which included the dustry operates, lower taxes will result in cause temporarily interest rates were 4.3 cent gas tax increase they imposeds lower prices. lower on short-term debt. So the cost on the American people, and I know ARCO WILL IMMEDIATELY REDUCE TOTAL of interest went down. those revenues never went to highway GASOLINE PRICE IF 4.3-CENT FEDERAL GASO- Those were the major factors that re- spending; instead, they went for just LINE TAX IS ELIMINATED duced the deficit. But the democrats do more Washington spending and more LOS ANGELES.—ARCO Chairman and CEO not to talk about that. Washington bureaucracy. Mike R. Bowlin said today that ‘‘if the fed- Let us get back to the focus on this Mr. Speaker, the letters referred to eral government reduces the gasoline ex- tax increase. They want the American earlier follow: cise tax by 4.3 cents per gallon, ARCO will immediately reduce its total price at its people to believe we can tax people and CHEVRON RESPONDS TO FEDERAL GASOLINE company-operated stations and to its deal- tax people and tax people and nothing TAX ISSUE ers by 4.3 cents per gallon.’’ ever happens. They do not pay more. (San Francisco, May 8) And if we cut taxes, then, of course, The ARCO chairman said in an interview In response to many comments in the press on ABC’s ‘‘Nightline’’ broadcast on May 7, the people will not benefit from it. and from customers concerning possible oil that he had ‘‘simply been cautioning that Taxes are an imaginery item in their company actions in the event of a decrease ARCO is not able to accurately predict in- economic view of things, and so just in the federal gasoline tax, Chevron released dustry behavior, cannot legally control its keep loading them on. the following statement: dealers’ pricing, and that other factors may We want to, at least during the time Any decrease in the federal gasoline tax influence changes in overall market prices. of this unexpected increase in gas would be immediately reflected in the prices All other things being equal, we would ex- Chevron charges to motorists at our 600 com- prices, which, hopefully, will go away pect the price of gasoline to fall 4.3 cents per pany-operated stations in the U.S. through gallon. by the end of this year, take away reductions which, on average, would equal An ARCO spokesman said that ARCO has a some of this burden on the pocketbook the amount of the tax decrease. We also sep- proud tradition of acting responsibly in its of working Americans. arately collect these taxes from our thou- gasoline pricing decision in times of national Mr. Speaker, I yield 2 minutes to the sands of Chevron dealers and jobbers upsets. He noted that during the Gulf War gentleman from California [Mr. RIGGS]. throughout the U.S., and we would imme- crisis in 1990, ARCO had been a leader in an- Mr. RIGGS. Mr. Speaker, first of all, diately reduce our collections from these nouncing that it would freeze gasoline I want to point out to my colleagues, dealers and jobbers by the amount of the tax prices. Eventually, that led to a situation decrease. However, these Chevron dealers since I was preceded by one of my col- where ARCO was unable to meet demand for and jobbers are independent businessmen and its gasoline and was forced to raise prices in leagues from California, that according women who independently set their own line with market conditions in order to pre- to economists, motorists in California, pump prices at the more than 7,000 Chevron vent its dealers from running out of gasoline. Texas, Florida, Ohio, and Pennsylvania stations they operate. The ARCO spokesman said that ‘‘gasoline bear the brunt of the Clinton Demo- Many factors influence gasoline prices, prices have increased some 20 to 30 cents per cratic gas tax increase. The total cost which are set by competition in the market- gallon over the last few months. Obviously of the Clinton Democratic gas tax in- place. it is impossible to predict where gaso- no one can promise that even though the crease to Californians is nearly $550 line prices may stand in absolute terms at marginal cost of gasoline is reduced by a 4.3 any time in the future. However, if these cents per gallon tax reduction on a given million a year. taxes are reduced, it is logical in a free mar- day, some other factors may not simulta- I think it also bears mentioning that ket economy that overall prices will in the neously influence the market price of gaso- when the 1993 Clinton Democratic future be lower for our customers than they line.’’ budget and tax plan first came out of otherwise would have been by the amount of ARCO chairman Bowlin said: ‘‘What we this House, it contained an even broad- the tax decrease. can say is that ARCO will immediately re- er energy tax, the so-called Btu tax in- duce the total price of gasoline at our com- crease, on every single American mo- TEXACO RESPONDS TO GASOLINE TAX pany-operated stations and to our dealers by torist and household. So if Members REDUCTION PRICE INQUIRIES 4.3 cents per gallon. I can also tell you that WHITE PLAINS, NY, May 9.—Texaco stated our internal forecasts suggest that gasoline are going to stand up and talk about prices are headed lower. We believe that the the gas tax repeal, they should at least today the actions it would take in the event Congress repeals the 1993 federal gasoline tax vast majority of responsible economists take a stand on principle; say that of 4.3 cents per gallon. would say that a reduction in excise taxes they support the tax increase they im- There are approximately 13,600 Texaco- would be passed through about penny-per- posed on the American people. branded service stations throughout the penny at the pump.’’ They should stand by the principle United States. For the approximately 1,000 Mr. GIBBONS. Mr. Speaker, I yield 1 today and not try to waffle all over the company owned and operated service sta- minute to the gentleman from Georgia place and equivocate and say, well, I tions where the company sets the pump [Mr. LEWIS]. might vote against it because I am not prices, Texaco would reduce the gasoline Mr. LEWIS of Georgia. Mr. Speaker, sure that the repeal is actually going prices it charges to customers, all things I rise against this election-year gim- being equal, by the amount of the tax de- to be passed on to the American motor- crease. In addition, Texaco would reduce the mick; 4.3 cents has nothing to do with ist. level of tax it collects from its independent the price of gasoline and everything to Mr. Speaker, I want to introduce into wholesalers by the amount of the tax de- do with trying to buy an election, but the RECORD letters, actually they are crease. the American people will not be fooled. H5346 CONGRESSIONAL RECORD — HOUSE May 21, 1996 Not one voter, but not one voter from gravates our dependence on foreign im- velopment for energy efficiency and renewable the Fifth Congressional District of ported oil and all that goes with that, energy. So, what are the priorities of the new Georgia has contacted me in support of and it is really lousy politics. It gives majority here in the House? Their budget res- this ill-conceived idea. Every letter, pandering a bad name. olution cuts funding for energy efficiency and every phone call I have received has a Does anyone here remember the budget renewable energy. As shown in this bill, politi- simple message: Vote ‘‘no’’. Do not deficit? cal posturing about the price of gas. play games. Do not sacrifice common Today, the House will vote on a bill to tem- This bill is also bad policy because it sends sense for nonsense. porarily repeal the 4.3 cent gas tax increase exactly the wrong signal about conserving en- The Concord Coalition, economists that was a part of the landmark 1993 deficit ergy. We need to do more, not less, to en- and deficit hawks all agree this is a bad reduction package. courage more efficient use of energy. Because bill. It is a silly bill. It is downright That deficit reduction bill was a big step to- gasoline has again become relatively cheap, silly. ward getting the budget under control. Be- and because national policy has stopped We must stand for something, my cause of what we did in 1993, we've had 4 stressing the importance of fuel efficiency, colleagues, or we will fall for anything. straight years of deficit reduction for the first we've been seeing the return of gas-guzzling We cannot just pay lipservice to deficit time in decades. Since then, the deficit has cars, especially the increasingly popular sport reduction, we must vote for it. I urge been cut in half. utility vehicles. This bill would not do anything my colleagues, all of us, to vote no. So, why are we rushing to take up a bill to to counter this trend. Mr. GIBBONS. Mr. Speaker, I yield 1 repeal the 4.3 cent gas tax that is dedicated We also need to continue development of minute to the gentleman from West to deficit reduction? technology for efficient, cost-effective use of Virginia [Mr. RAHALL]. The answer is that the Republican leader- solar and renewable energy sources. Petro- (Mr. RAHALL asked and was given ship thinks that there is election-year mileage leum is not a renewable resource, and pass- permission to revise and extend his re- to be had from pandering to what they think ing this mistaken bill will only tend to discour- marks.) will be popular; and others among us are ex- age progress regarding better energy sources. Mr. RAHALL. Mr. Speaker, I rise not periencing some panic about being caught on Petroleum is also primarily an imported fuel. on behalf of the political ploy that is the wrong side of the issue. Efforts to encourage its use only add to our being perpetrated on the American Pandering and panicÐthat's a potent elec- dependence on foreign sources, and com- public by this legislation but on behalf tion-year mix, but a toxic one in terms of good plicate our national security interests and for- of the Nation’s crumbling highway in- public policy. eign policies. frastructure. If anyone wonders whether the gas tax re- This bill should not be on our agenda. It I would say to my colleagues that the peal is election year pandering, you only need won't help the consumer, but it will hurt the American public recognizes a political to look at the effective dates in the billÐthe country. It's an oil bill all rightÐpolitical snake sham when it sees one, and that is temporary gas tax cut would last from June oil. It's cheap politics, but with a high price of what this bill represents, nothing but a until January, just long enough to take us misplaced priorities and bad public policy. sham, a pure political sham. through the election. We should not be carried away by election- I would suggest as well that if any- Of course, that won't be the end of the year panic. We should reject this bill. body really believes the action we are storyÐwe're told that the legislation imple- Mr. GIBBONS. Mr. Speaker, I yield 1 going to take here today by repealing menting the budget resolution will include a minute to the gentlewoman from Texas the 4.3 cents gas tax is going to lead to permanent repeal. Permanent repeal of the [Ms. JACKSON-LEE]. lower prices at the pump, then I would part of the gas tax that goes to deficit reduc- (Ms. JACKSON-LEE of Texas asked say if one really believes that, welcome tion would add $33.9 billion to deficit by 2002. and was given permission to revise and to La-La-Land. Welcome to La-La- That would increase the deficit by several bil- extend her remarks.) Land. lion more than it was reduced by all the cuts Ms. JACKSON-LEE of Texas. Mr. in the appropriations bills for this yearÐcuts Speaker, let me offer to the American b 1830 that the Republican leadership have called the public that unfortunately this is put- Nothing we do here today is going to ``down payment'' on a balanced budget. ting a toothless tiger in your tank. lower the price of the gas at the pump. But that will come later. Today, we have the This should really be a bipartisan ef- We can argue, and we can argue, and temporary repeal. The rationale for today's bill fort. I offered H.R. 3457 to repeal the we can argue about the reasons why supposedly is the recent increase in prices at gas tax and to have an enforcement the prices have gone up, whether it be the gasoline pump. But will this bill reduce provision that would in fact ensure the new sporty vehicles, whether it be prices at the pump? Will it be passed on to tracking the Committee on Ways and the repeal of the national speed limit the consumer? Means the fact that it would get back that this Congress did or whether it be Not likely. The benefits of this bill will go di- to the consumer. the weather conditions or crude oil rectly to the oil refiners and there are many Mr. Speaker, I am saddened to say stock supplies, whatever. We can argue steps between the refiners and the pump. A that the bill we have on the floor today about the true reasons for this price in- reduction in gas taxes doesn't necessarily gives a sense of Congress’s position. I crease. mean a reduction in gas prices. think that is nice for me to be able to The fact is the American people want Energy expert Philip K. Verleger, Jr., an say I want it repealed. It has no en- this money going to improving our in- economist at Charles River Associates, has forcement provision whatsoever. It frastructure. That is where we ought to said, ``The Republican sponsored solution to says that we want the General Ac- be spending this money without in- the current fuels problem * * * is nothing counting Office to do a study. creasing taxes. more and nothing less than a refiners' benefit Well, Mr. Speaker, there are 121,000 Mr. ARCHER. Mr. Speaker, I reserve bill. It will transfer upward of $3 billion from the households in the 18th Congressional the balance of my time. U.S. Treasury to the pockets of refiners and District of Texas making under $25,000. Mr. GIBBONS. Mr. Speaker, I yield 1 gasoline marketers.'' They do not want me to study the minute to the gentleman from Colo- Even the conservative economist William issue. They need the repeal at the rado [Mr. SKAGGS]. Niskanen, president of the conservative Cato pump today, right now. I am going to Mr. SKAGGS. Mr. Speaker, this is Institute, says, ``I don't think there is anything hope that our body and the other body bad budget policy. It is going to make the Republicans can credibly do to guarantee will come together and get a real re- it $30 billion-plus harder to balance the that the tax reduction gets passed through to peal that comes to those who need it budget over the next 6 years. It is bad the consumer.'' and that we will be able to vote on a consumer policy, unlikely that our A gas tax cut also won't do anything to ad- gas tax that the American public can citizens are going to see very much of dress the serious economic, environmental be pleased with and benefit from. this reflected at the pump. It is lousy and security issues that flow from our coun- Mr. Speaker, I rise to express some serious energy policy. try's dependency on non-renewable sources of concerns over H.R. 3415, which would tempo- We ought to be focused on conserva- energy, especially imported oil. rarily repeal 4.3 cents of the 18.3 cents per tion and efficiency. This goes in ex- In poll after poll, when people are asked gallon Federal excise tax on gasoline. actly the wrong direction. It is lousy what the highest priority should be for energy First of all, I am concerned that this bill is national security policy because it ag- policies, the majority support research and de- being considered under a closed rule. Several May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5347 members submitted amendments to the Rules We decreased the luxury tax that we I support this because it is important Committee that would have made this bill a had that cost many, many thousands of for families in this country to receive a better bill. Unfortunately, on a bill of such jobs. I suppose that does not have any break. major importance to our country, the Rules effect. And the gas price, a 1-cent Mr. ARCHER. Mr. Speaker, I reserve Committee rejected all amendments. change in gas cost airlines millions of the balance of my time. While I believe that gas prices should be re- dollars. Mr. GIBBONS. Mr. Speaker, I yield 1 duced, I am disappointed that this bill does not Mr. Speaker, I would have us take a minute to the gentleman from New ensure that the repeal of 4.3 cents of the Fed- look at what the President has said York [Mr. ENGEL]. eral excise tax on gasoline is passed through that his deficit reduction package is so Mr. ENGEL. Mr. Speaker, this is a to customers. good. If it is so good, why did the Presi- difficult bill to vote against. It is popu- I introduced a bill, H.R. 3457, to temporarily dent have to offer us four different lar, but I think we can all see it for repeal the 4.3 cents gas tax by requiring the budgets that increased the deficit by what it is. It is a cynical, cheap, politi- business firms to certify to the Treasury De- $200 billion every year for the next 7 cal, election-year maneuver. My Re- partment that the savings from such repeal years? When he was forced to present a publican colleagues must think that would be passed through to consumers or the budget that was scored, 90 percent of the American public is stupid. Every- gas tax would be reimposed on those firms those cuts took place in the years 6 and one can see through the bill and under- that did not do so. 7, because he does not want it. stand what it is. H.R. 3415 does not contain any such en- Mr. GIBBONS. Mr. Speaker, I yield 1 Mr. Speaker, if they were so con- forcement provision. H.R. 3415 only includes a minute to the gentleman from Wiscon- cerned about deficit reduction as they sense of the Congress provision that consum- sin [Mr. BARRETT]. say they are, they would be acting dif- ers receive the benefit and that fuel producers Mr. BARRETT of Wisconsin. Mr. ferently. The deficit has been cut in take actions to reduce the fuel price. It also re- Speaker, there are many writers and half, less than half, under the Presi- quires the General Accounting Office to con- pundits around Washington who won- dent and with the Democratic Con- duct a study to determine whether there was der why Americans are cynical about gresses. There was not one Republican a pass through of the repeal to consumers. politics. This is the day to understand that voted for it. So when push comes There is no question that gas prices have why Americans are cynical about poli- to shove, they really do not care that 1 increased by 20 cents since February of this tics. What do we have here, 6 ⁄2 months much about the deficit to play it year and that we need to find a way to give before the Presidential and congres- straight. consumers and business firms some relief. I sional elections? We have an attempt, Why would the Republican leadership know first-hand that the 210,000 workers in and a successful attempt unfortu- not allow us a vote on this floor to the 18th Congressional District of Texas who nately, to repeal a gas tax for 7 guarantee that the savings would be months. Then it does back on. drive everyday to work or participate in car- passed on to the American consumers? The people who are voting for this, pools need immediate relief. I think that the fact that they will not the President, Senator DOLE, must If we decide to approve a repeal, we must allow us a vote to ensure that the think that the American people do not make up the lost revenue in the amount of American consumers will benefit from understand. They must think they do $2.9 billion to the Federal Government by re- this is again a cynical move. So again not understand cynical politics, be- ducing spending on other programs. they talk a good game. They talk defi- cause that is exactly what this is. If This bill restores lost revenue by proposing cit reduction, but in reality, it is only the people on this side of the aisle did cuts in salaries and other administrative ex- election year politics. Business as not want this repealed, they would penses at the Department of Energy in the usual. Politics as usual. have introduced it a year and a half amount $800 million over the next 6 years. Of Mr. GIBBONS. Mr. Speaker, I yield 2 ago. They would have made it perma- minutes to the gentleman from Illinois this amount, $104 million would be cut in fiscal nent. But that is not what is going on [Mr. PORTER]. year 1997. The Energy Department, which has here. What is going on here is the crass Mr. PORTER. Mr. Speaker, I thank the resources to help the energy industry ex- political demonstration for the elec- the gentleman for yielding time to me. pand its domestic energy production should tions. That is all it is. Any American I might say, this is in a political not be subject of such major cuts. As we care- with an IQ over 80 will understand mode but let me say, I believe this is fully consider whether to pass this bill, let us that. commit ourselves to expanding our domestic Mr. GIBBONS. Mr. Speaker, I yield 1 one of the most mindless things we energy production so that we can lessen our minute to the gentlewoman from Con- could possibly do. I did not support the gas tax increase when it was adopted. I need for oil from other countries. necticut [Ms. DELAURO]. The other source of revenue to pay for the Ms. DELAURO. Mr. Speaker, I sup- would not reduce the deficit by raising repeal is generated from giving the FCC per- port a repeal of the 4.3-cent gas tax, taxes. I would reduce the deficit and do manent authority to award licenses for the use but I am disappointed in how the issue reduce it by cutting spending. But this of radio broadcast spectrum. In 1998, $2.9 bil- was approached. I had hoped that we is a tax already in existence. This is a lion would be generated form these auctions. would not only cut this tax but that we tax now that is reducing the deficit. In the alternative, my bill, H.R. 3457, would would assure the American people that And while repealing it may be good have offset the lost revenue by cutting the De- any change in the tax would ensure politics, it is bad Government. partment of Defense procurement budget, that the people of this Nation would There is no assurance whatsoever which is already significantly above the De- have more change in their pockets. that the consumer will get any benefit fense Department's request. Unfortunately, the Republican lead- if this legislation passes. I imagine Mr. Speaker, this is an important vote, I ership stood firm in their support of they will not even get a chance to no- urge my colleagues to carefully weigh the big oil. They missed their golden op- tice it because as everyone knows, Iraq facts and consider whether this bill will accom- portunities. First, in committee last recently entered into an agreement plish what it intends to do. American consum- week and on the floor today the leader- with the United Nations to put about ers are watching and waiting. ship refused a Democratic amendment 700 million barrels of oil a day on the Mr. ARCHER. Mr. Speaker, I yield 1 to guarantee that consumers and not market which is going to drive the minute to the gentleman from Califor- the oil companies would benefit from price down with increased supply. It is nia [Mr. CUNNINGHAM]. the repeal. Second, the tax should have coming down anyway. Mr. CUNNINGHAM. Mr. Speaker, the been paid for by reforming corporate I might add, today in this country gentleman form Georgia, [Mr. LEWIS] welfare and eliminating programs like motor fuel costs are at a historic all- said that the tax did not have any ef- the alcohol fuel credit and the percent- time low. We have more fuel efficient fect on the price of gas. It does, $550 age of depletion for oil producers. cars. The cost of gasoline is down. It million in California, it affects our tax- Finally, the Republican leadership seems to me that this is something payers. Yes, the 1993 Clinton tax pack- should have promised the American that will simply undermine the deficit age, we took away the increase on So- people that they would hold hearings, reduction that is going on. The offset is cial Security for seniors of the tax. So that the oil companies may have en- to sell assets, and anybody knows that I assume that that does not affect any- gaged in price gouging. Without these this is not the way to run a railroad or thing either. assurances, the end result is unclear. a government. H5348 CONGRESSIONAL RECORD — HOUSE May 21, 1996 I believe that this legislation simply that those who pay the tax will benefit a dime or two higher than usual. There’s no represents politics I personally want no by being able to use the infrastructure mystery about why: Inventories were down part of it. I intend to vote ‘‘no.’’ paid for by those taxes. Unfortunately, because of the unusually long winter, a fire in California closed a Shell Oil refinery, and The SPEAKER pro tempore (Mr. that was not permitted in 1993. Saddam Hussein’s obduracy is keeping KOLBE). The gentleman from Florida For the first time the compact with 500,000 barrels a day of Iraqi crude off the [Mr. GIBBONS] has 3 minutes remaining. the American vehicle users on the international market. Mr. GIBBONS. Mr. Speaker, I yield highways was abrogated, the compact No reputable economic or oil expert in the myself the balance of my time. that existed all the way back to Eisen- world would attribute the current surge in Mr. Speaker, this is political pander- hower’s presidency of this country. gasoline prices to anything but the normal ing if I have ever seen it, and I have I would hope that if this tax is per- interplay of supply and demand. Politicians, however, are a different story. seen a lot of political pandering in my mitted to continue after January 1, Sniffing a chance to turn motorists ire to life. But this is about as bad as I have that the gentleman from Florida will political advantage, U.S. Rep. Edward Mar- ever seen. Mr. DOLE needed something join with me to assure that it does go key, D-Mass, pandered to the TV cameras to jump start his campaign so he into the highway trust fund where it last week. Tossing around criminal accusa- poured a little gasoline on it. belongs as a legitimate user fee. Unfor- tions of ‘‘price-fixing, collusion, or delib- Give everybody a tax cut for the user tunately, the gentleman will be retir- erate efforts to limit supply,’’ he called for the Energy and Justice departments to in- fee that they pay for using the high- ing and will not be here at that time. vestigate the oil industry. ‘‘Naked greed!’’ he ways of this country. Some of this There is so much misinformation hissed. ‘‘Oil company overcharges!’’ money does not go into the user fee. I that has been presented about this leg- Even for Markey, who excels at anti-busi- made a motion in the Committee on islation. Yes, it is a temporary repeal. ness cheap shots, this was egregious. It was Ways and Means to put it all in the Yes, hopefully this will be a temporary grandstanding of the trashiest sort, and if it user fee, and all the Republicans spike in the price of gasoline so that wasn’t libel, it came awfully close. Nobody we can give some degree of help to believes that price-fixing is behind the latest turned it down, Mr. Speaker. So if any- price spike. ‘‘We think it’s unlikely that body thinks our highway and transpor- working Americans to let them keep there’s collusion or anything illegal going on tation infrastructure is in great shape, more of their weekly paycheck. here,’’ Markey’s own aide admitted on Fri- it is because you have not tried to use b 1845 day—even as his boss was making exactly it recently. I did this last weekend. It those charges. And if the price of gasoline is down is a mess. And just who is Markey to talk about overall at the end of this year, we will gouging? Nothing is more responsible for in- It is overcrowded. It is wearing out. flating the price of gasoline than politicians Most families, when they are traveling, have done our job. It is interesting that a columnist in like him. It isn’t the cost of crude oil that will pick out the filling stations that the Boston Globe wrote an article, and accounts for the lion’s share of gas prices. It have the best rest rooms to stop and I quote. This is from the 6th of May: isn’t refining. It isn’t marketing or distribu- buy their gasoline because the prices tion. All of those cost considerably less A group of moguls and powerbrokers gath- today (in real terms) than they did 15 years are so close to each other. They are er in their splendid headquarters. As aides very cynical. They do not think that ago. and flunkies scurry about, the barons are It’s taxes. the oil companies are going to let them coming to an agreement on the price of gaso- In 1981, federal and state taxes made up see any of this gasoline tax repeal. I line. Should they raise it? Lower it? Leave it just 12 percent of the retail price of gasoline. am cynical like that, too, Mr. Speaker. alone? Whatever they decide, drivers every- Last year, they accounted for 35 percent. The I think this is political pandering at where will bear the consequences, for he mo- typical driver now pays 42 cents a gallon in its worst. We ought to vote no. guls’ influence reaches every gas pump in taxes—in some states, far more. Rhode Is- Mr. Speaker, I yield back the balance America. land and California drivers pay 47 cents in It doesn’t take long. These powerful men of my time. taxes for each gallon they buy. Connecticut and women know what they want. They are drivers, a whopping 53 cents. ‘‘The average The SPEAKER pro tempore. The gen- hungry for more money. And so, from their U.S. consumer,’’ reports the Wall Street tleman from Texas [Mr. ARCHER] has 4 elegant chambers, the order goes forth: Raise Journal, ‘‘is paying 72 percent more in gas minutes remaining. gasoline prices. Across the land, every filing taxes than a decade ago.’’ Talk about Mr. ARCHER. Mr. Speaker, I yield station satisfy complies. There is nothing colluding to squeeze more money out of myself the balance of my time, and I customers can do about it. Those who wish American drivers! It’s Congress and the yield to the gentleman from California to buy gasoline must pay the surcharge the statehouses, not the oil companies, that [Mr. RIGGS]. maguls have deserved. have been ripping off motorists unmerci- Fiction? Not at all. This scenario actually fully. Mr. RIGGS. Mr. Speaker, I just want- happened Collaboration did take place. The Which is why Senate Majority Leader Bob ed to point out again, so as to not de- price of gasoline was artifically hiked. The Dole and House Speaker Newt Gingrich are liberately mislead our colleagues and people who hiked it were motivated by a absolutely right to call for rolling back the the American people, following this de- hunger for more money. 1993 increases in the federal gasoline tax. bate, this 4.3 cents per gallon gas tax Who were these collaborators? A group of The pity is that they didn’t call for it 18 increase imposed by the President and profit-swollen oil industry plutocrats? A months ago, when their party won control of congressional Democrats does not go handful of Persian Gulf petro-sheiks? A Congress. The only reason the ‘‘Clinton gas criminal consortium plotting to wreck the into the Federal highway trust fund, tax’’ is being targeted now is because Repub- domestic oil market? licans want to show that they, too, can ‘‘do does not pay to maintain our Nation’s No. The powerful cabal that deliberately something’’ about higher gasoline prices. highway transportation infrastructure jacked up the price of gasoline, forcing But the reason to repeal the gas tax in- or for our mass transit programs. Americans to pay billions of dollars more crease is not to undo a temporary jolt at the What I was going to ask the gen- than the market value, was—the Congress of pump. It is that the increase should never tleman, I very much appreciate the dis- the United States. have been passed in the first place. And the tinguished chairman yielding to me, if Mr. Speaker, they were reaching an reason it should never have been passed is 18.3-cent-a-gallon tax on gasoline. I in- that taxes in America are already far too you cannot cut taxes, the repeal of this high. Wasn’t that why Republicans unani- gas tax increase amounts to a $48 aver- clude the rest of this article for the mously opposed the ’93 tax package in the age savings to the American family. If RECORD. first place? you cannot cut taxes by at least $48 on The article referred to is as follows: Markey can demagogue about price-fixing; average for the American family, then [From the Boston Globe, May 6, 1996] the Justice and Energy departments can you are obviously not going to support WHO REALLY DROVE UP PRICE OF GAS? probe for collusion. It’s pretty clear who’s any form of tax relief for working (By Jeff Jacoby) been gouging U.S. drivers, When the federal gasoline tax was hiked in 1983, Markey voted In May 1993, the federal gasoline tax was American families. yes. When it was hiked in 1990, he voted yes. raised to 18.3 cents a gallon. That vote Mr. ARCHER. Mr. Speaker, I have When it was hiked in 1993, he voted yes. If it marked the third time in just over a decade listened to all of the rhetoric today. I weren’t for the Ed Markeys of this country must say the gentleman from Florida that Congress had increased the tax. Since gasoline would be 30 percent cheaper. Think now says he wants this money to go December 1962, the federal levy on gasoline about that the next time you fill up. has exploded 357 percent—even as the price into the trust fund. I have wanted all of gasoline has trended steadily downward. Mr. STOKES. Mr. Speaker, I rise in strong gasoline taxes to go into the trust fund Of course, for the last few weeks, as every opposition to H.R. 3415, the Temporary Gaso- and to build highways and bridges so driver knows, prices at the pump have been line Tax Repeal Act. In taking this position, let May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5349 me first make it clear that I have consistently vide housing to the poor, food to the hungry, stream of revenue could produce as much as supported efforts for real tax relief for our Na- job opportunities to the jobless, and better $50 billion in the first year for needed infra- tion's working citizens and their families. How- education for America's children. structure improvements. ever, I cannot and will not support this so- Mr. Speaker, it is my belief that H.R. 3415 It is estimated that investment of each $1 called tax relief package that will, in fact, result and the circumstances under which it is pre- billion in infrastructure will create 50,000 new in a significant, undeserved windfall for our sented in this House is an attempt to mislead jobs. The infrastructure reinvestment fund Nation's oil companies. the American people to believe that this so- would be a huge boost for our economy, both It would be irresponsible to transfer nearly called tax cut will help citizens and businesses in the short-term and long-term. $2.9 billion to some of the most profitable hurt by rising fuel prices. Nothing could be fur- The U.S. Department of Transportation companies in America with no appreciable ther from the truth. This legislation unfairly and found that an annual investment of $50 billion benefits for consumers. This shortsighted and unjustifiably expands the gap between rich oil will be needed during the next 20 years just to politically motivated legislation before us will companies and the rest of America. The maintain our highways in their current condi- also hurt our efforts to reduce the deficit. American people elected us to act in their best tion. An annual investment of $7.9 billion will The stated purpose of H.R. 3415 is to tem- interest, not compromise their welfare because be needed to maintain our transit systems in porarily repeal the 4.3 cent-per-gallon increase the new Republican majority wants to satisfy their current condition. in the Federal transportation fuels tax that was campaign promises and grant tax breaks to True national leadership is needed to find enacted as part of the 1993 Budget Reconcili- the wealthy. I strongly urge my colleagues to the money for our highway and transit sys- ation Act. Furthermore, the measure would vote against this bill. tems. Instead, we are faced with H.R. 3415, only be effective until January 1, 1997, when Mr. BORSKI. Mr. Speaker, I rise to oppose politics at its worst with no thought for our na- the tax would be reinstated. In order to offset H.R. 3415, the temporary gas tax repeal, elec- tion's economic future, no thought for our Na- the lost $2.9 billion in revenue generated by tion year opportunism that will do virtually tion's consumers and no thought for the budg- the tax the bill cuts funding from the Energy nothing to help the taxpayers of our country. et deficit. Department and auctions off new radio fre- H.R. 3415 is simply politicsÐit has nothing Only if H.R. 3415 contained an assurance quencies now owned by the Federal Govern- to do with good government or good policy. that consumers would receive some benefit ment. There is no guarantee that any of the 4.3 from the repealed gas tax would it be worth It is important to note that the 4.3 cent-per- cents per gallon that is being repealed will end considering. Instead, this bill benefits the big gallon gas tax is not actually imposed at the up in the pockets of taxpayers. The money is oil companies at the expense of our nation's pump. Instead, it is levied on oil companies at more likely to find its way to the coffers of the long-term economic interests. an earlier point in the chain of sale and then big oil companies. I urge the defeat of H.R. 3415. passed on to the service station and the This Congress should be finding construc- Mr. FAZIO of California. Mr. Speaker, I rise consumer. In the absence of a provision in tive ways of helping the people of our Nation's today in support of H.R. 3415. H.R. 3415 to ensure that any savings are working class. H.R. 3415 is a political gimmick Gas prices have hit $1.54 where I live in passed on to consumers the total $2.9 billion that will end up helping big corporations and West Sacramento, and they are on the rise. savings from the bill will end up benefiting big not the people who need the help. Davis and Woodland range from $1.52 to oil companies. At a time when serious Democrats and seri- $1.56. Further north in our congressional dis- In an attempt to ensure that consumers ous Republicans are doing everything they trict, prices are similarÐ$1.58 in Yuba City, would be protected, my Democratic colleagues can to reduce the budget deficit, H.R. 3415 $1.55 in Red Bluff. sought a rule that would have allowed an would add $1.7 billion to the fiscal year 1996 That's just too high, and I support this bill to amendment to H.R. 3415. Had this amend- deficit. This bill only makes sense if the money cut gas prices by temporarily repealing 4.3 ment been made in order, it would have re- will end up in the taxpayers' pockets and if cents in Federal gas taxes. quired that the $2.9 billion tax cut was directed sensible, reasonable offsets in spending are At the same time, we need to make sure to the American public. Unfortunately, the found. So far, this bill falls short on both we're not just rolling windfall profits down the Rules Committee prohibited any such counts. freeway to big oil companies. consumer protection amendment. As a member of the Transportation and In- The point of reducing gas taxes is to reduce Mr. Speaker, because of the exclusion of frastructure Committee, I believe that the Fed- gas prices at the pump for consumers. I also any savings to consumers, H.R. 3415 rep- eral gas tax should be dedicated to maintain- hope it will contribute to a greater trendÐ resents one of the majority's most audacious ing and improving our transit and highway sys- keeping gas prices down permanently. Recent attempts to transfer Federal funds to wealthy tems. Since 1956, the gas tax has provided activity on the commodities futures market in- corporations. It is cynical and repugnant to me support through the highway trust fund for dicates that gas prices could begin to drop that this bill, under the guise of providing tax highway and transit programs. We should later this summer. relief to Americans, will simply be increasing maintain the principle of using the gas tax But the problem is urgent, and we need to the profit margins of oil companies. money for infrastructure programs. do something now so that Californians can get While I applaud all Americans who have The alternative proposed by H.R. 3415 is to work without leaving their wallets at the gas been able to enrich themselves through hard that instead of using a 4.3 cent per gallon gas pump, and so that farmers and others in fuel- work, innovation, and creativity, I cannot sup- tax to reduce the deficit, we should allow it to intensive businesses have long-term con- port a tax relief package that so unevenly ben- go back to the big oil companies. If H.R. 3415 fidence that their costs won't skyrocket. Cali- efits a specific industry to the detriment of the is passed, I fear that all chance of directing fornia is finally in economic recovery, and we American public. In addition to providing tax that 4.3 cents per gallon into badly needed in- need to keep it moving. breaks to America's richest oil companies, this frastructure improvements will be lost. To solve the problem, we have to determine bill also hurts our efforts to achieve meaningful My colleague, Representative RAHALL, has the cause. Some have made the point that a deficit reduction. While the Republican con- introduced H.R. 3372, which I have cospon- 4.3 cent gas tax, passed as part of the 1993 trolled Congress has claimed that they support sored, to recapture the 4.3 cents per gallon for deficit reduction package, is the primary culprit meaningful efforts to reduce the deficit, this bill the highway trust fund to be used for the high- for the sharp rise in gasoline prices throughout makes that goal much more difficult. H.R. way and transit programs. With tremendous the country. 3415 directs over $2.9 billion that cold have needs for future investment just to maintain That flies in the face of the evidence. After been used for deficit reduction to big oil com- our roads, bridges and transit systems at their the imposition of the tax in 1993, gas prices panies as a giveaway. The fact is, under cur- current level, the additional $5 billion a year remained unchanged. In some cases, prices rent law, the deficit fighting characteristics of would mean more jobs and more productivity went even lower. In fact, the Department of the gas tax have played a key role in Presi- growth. Energy says that in 1994 gas prices hit a 45- dent Clinton's 3 year historic effort to control I have proposed combining this common year low in real dollars. They have stayed low deficit spending. sense approach with the kind of innovative fi- for more than 2 years until the precipitous rise In addition to the harm this legislation will nancing that is needed to meet our vast infra- of the last few weeks. cause to our Nation's fight to reduce the na- structure needs. Last week, I introduced H.R. What are the real reasons why gas prices tional deficit, H.R. 3415 misdirects Federal re- 3469 which would create an infrastructure re- have spiked up? Simply put, supply is down sources away from programs that could help investment fund. and demand is upÐthat means higher prices. our Nation's citizens. The $2.9 billion that this This fund would use the 4.3 cent per gallon A nationwide, long brutal winter with higher bill uses to line the pockets of rich oil com- gas tax as leverage to issue bonds for the demand for oil reserves has contributed. But pany executives could have been used to pro- transit and highway program. This future that doesn't tell the whole story. Oil companies H5350 CONGRESSIONAL RECORD — HOUSE May 21, 1996 reduced their production in anticipation of Iraq peal the 4.3-cent per gallon addition to the Isn’t the ‘‘Dole Dime’’ as important to defi- reentering the world oil market. Those low in- federal gas tax will only end up hurting cit reduction as the ‘‘Clinton Nickel?’’ Of ventories contributed to a short supply of oil. those same consumers. course it is, which is why we should repeal The 4.3-cent per gallon tax was part of the neither. When talks between the Iraqis and the United 1993 Deficit Reduction Act, proposed by Mr. CONYERS. Mr. Speaker, I rise today in Nations broke down, oil companies are left President Clinton and opposed by every Re- waiting by the side of the road with empty gas opposition to the temporary repeal of the 4.3- publican in Congress. I supported this legis- cent-per-gallon gas tax. This misdirected legis- cans. lation, because deficit reduction is one of my In California, special factors have come into major goals as a Member of Congress. I sup- lation will do very little to help our constituents play as well. New regulations issued by Gov- port a Constitutional Amendment to balance who have been paying more at the pump. ernor Wilson and the California Air Resources the federal budget, and I supported the 1993 The problem with this legislation is that Board [CARB] call for cleaner burning gaso- Deficit Reduction Act because of its balance there is no guarantee the consumer would see in spreading the pain of deficit reduction. It line. Because California is essentially a self- any of the savings created by the repeal of the raised income taxes only on the very tax, which generates nearly $4 billion per year contained gas producer, the transition to a wealthy, cut spending, and asked all consum- cleaner, reformulated gasoline has further re- for the Treasury. Any gas tax repeal would ers to pay a little more at the pump to re- create a huge windfall for the oil companies, duced the supply of gas. It's exerted enough duce the deficit. extra pressure in our region that California gas It’s also been a success. For three straight not the motorist. prices lead the nation. years, for the first time since Harry Truman Because the gas tax is levied on the oil Finally, let's face it. American driving habits was President, the deficit has gone down. companies, the tax is not actually imposed at play a major part of supply and demand. Compared to the growth in the economy, the the pump. Instead, it is imposed at an earlier deficit is now at its lowest level since 1979. point in the sale, then passed on to the serv- Speed limits have been raised. Americans are And, as I noted when I voted last week for an buying sports utility vehicles in record num- ice station and the motorist. Contrary to the additional $23 billion in spending cuts as part arguments from our friends on the other side bers. People are simply driving faster and of the 1996 federal budget, we are continuing using more gas. on a path toward a zero deficit in the year of the aisle, repealing the gas tax will not However, even industry representatives 2002. automatically reduce the prices at the pump. have stated in hearings that all of these cir- That is, unless Congress begins to roll back We cannot afford to wait and hope that, if cumstances still do not account for the total this progress by repealing the balanced pack- we eliminate this tax, consumers will get a dis- price increase. That's why some Members of age we passed in 1993. ‘‘Partisan panic’’ has count at the pump. There is no mechanism in set in throughout Washington, D.C., and I this bill to assure that gas prices will fall, that this body have asked Attorney General Janet predict in the days to come we will see a va- Reno to investigate all possible reasons be- the savings will go to the motorist. riety of competing packages on which party All we need to do is look to see what the oil hind high gas prices. President Clinton has can move most quickly to try and lower gas- since ordered her to do so. oline prices. It’s wrongheaded for these rea- companies have done to prices in the last So, it is clear that factors other than the gas sons: month. Wholesale gasoline prices have tax are responsible for the recent increase in Cutting the gas tax is no guarantee for dropped nearly a nickel since President Clin- gas prices. lower gas prices. Because gasoline prices are ton's decision to release Government oil re- Does that mean we shouldn't cut gas taxes? market-driven and unrelated to federal pol- servesÐbut the nationwide retail prices rose No, cutting gas taxes is a great idea if it re- icy, if we repeal the 4.3-cent gas tax, I pre- 0.2 cents per gallon. In California, the gap is sults in lower gas prices. The trick is to make dict that gas prices will remain the same, more extreme: Wholesale prices have fallen with no windfall for the consumer. sure prices actually go down and that consum- Repealing a few cents at the pump will cer- an incredible 31 cents per gallonÐbut retail ers, not the oil companies, are the bene- tainly increase the deficit. By rolling back prices have shown no decrease. Oil compa- ficiaries. That may be a tall order. In 1994, 4.3 cents per gallon, we instantly add $5 bil- nies are keeping the difference, padding their New Mexico repealed their State gas tax. lion to the federal deficit this year, and if we balance sheets and wallets. Consumers saw gas prices dropÐfor nearly a extend the repeal beyond 1997, we could add Even if the average motorist saw a 4.3-cent week. But almost immediately, gas prices rose $35 billion to the deficit by the turn of the discount at the pump, it would only save that to previous levels. century, making our task of balancing the motorist $15 per year. Is this the Republican budget by 2002 that much more difficult. Further, our progress in reducing the deficit Gas prices should fall without any inter- idea of a middle class tax cut? should not be compromised. Repealing the 4.3 vention. According to industry experts, gaso- It is quite clear that this bill is just another cent gas tax sets us back some $2.9 billion line prices will fall on their own during the Republican give-away to their favorite cor- over the next 7 months. While I am pleased summer. By the time Congress passes legis- porate friends. Republicans issued a closed that the Republican leadership chose not to lation to try and reduce gasoline prices, they rule to assure that the oil companies would slash education to pay for this offset, I am dis- may already be lower than our targeted goal. get to keep every penny of the tax repeal. The mayed that the Republican leadership will not It’s a bad precedent. If we begin to unravel average American motorist will never see a the progress on the 1993 budget agreement, incorporate provisions of a committee amend- picking it apart, what’s next? Will Congress decrease at the pump because of this repeal. ment that would have guaranteed the savings move to repeal the tax on the wealthy? After We're giving oil companies another $4 billion from the gas tax on to the American people. all, wasn’t the goal of the ‘‘Contract with per year if we pass this bill. It's never a bad idea to rethink previous ac- America’’ a balanced budget by 2002? Mr. ALLARD. Mr. Speaker, I support this tions by Congress. Certainly, Democrats have In the end, middle-income consumers will legislation to rollback the 1993 4.3 cent per supported efforts to take a comprehensive pay more. Repealing the gas tax adds to the gallon tax hike. I voted against this tax hike 3 look at the tax burden of working Americans deficit, putting more debt (and interest on years ago, and I support its repeal today. and the steps we might take to put more that debt) on the backs of tomorrow’s gen- The average American family now pays 38 eration. Who will pay that tab? We already money in their pockets through a fairer tax know—the young people of tomorrow, and percent of its income in Federal, State, and structure, by raising the minimum wage, or by families of today. local taxes. This is more than families spend providing tax credits to families for education. Believe me, I don’t like high gasoline on food, clothing and shelter combined. I'm for lower gas prices, and the sooner the prices. If Congress is going to pass any legis- The Federal tax on a gallon of gas is now better. Support H.R. 3415 and let's deliver lation, it should first examine whether there 18.3 cents and the average State tax is an- lower prices to American consumers. has been any price gouging at the pump and other 20 cents. The tax now constitutes nearly Mr. COSTELLO. Mr. Speaker, I rise in op- take action to force oil producers to reduce one-third of the price of gasoline. This hurts position to H.R. 3415, and I would like to sub- their prices. But for years, we have became accustomed to gasoline prices that have the poor and the middle-class particularly hard mit for the RECORD a recent op-ed I wrote re- made it affordable to buy larger, less fuel-ef- since gasoline constitutes a significant portion garding the gas tax. ficient cars. We need to keep in mind that in of their consumption. I think it is time for relief. ELECTION-YEAR POLITICS ON GAS TAX WILL the U.S. we pay substantially lower prices Traditionally, the gas tax went into the High- END UP COSTING US IN THE END for our gasoline than other modern coun- way Trust fund in order to construct and repair Frustration over rising gasoline prices un- tries. highways. This is not the case with the 1993 related to federal transportation or energy Finally, the American people need to get increase, it is undedicated revenue sent to policy has resulted in a typical election-year out their hypocrisy meters when they watch tactic: how to use an unfortunate situation this debate unfold. If Sen. Dole is proposing Washington for more spending. to partisan advantage. Sen. Dole and Presi- repealing the 4.3-cent per gallon gasoline tax Some argue that we should not cut the gas dent Clinton are currently engaged in a bat- passed in 1993, why not repeal the 10-cent tax if it would increase the deficit. I agree, that tle over who can most equitably ease the federal gas tax he proposed which was signed is why I will insist that any tax repeal be offset pain on gasoline consumers, but efforts to re- into law under President Reagan and Bush? with a reduction in Government spending or May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5351 subsidies. Unlike past Congresses, this Con- This year, American families are in for a fortunately, that language was removed from gress is willing to reduce spending. In 1995 nasty shock when they fill up for the holiday: the budget just approved by the House. It ap- and 1996 over $40 billion was trimmed from Exorbitant gas prices. Gas prices that are ap- pears Congress still hasn't learned the lessons the appropriations bills that Congress controls. proaching $2 dollars a gallon. That's $30 just of the early 1980's, when we passed the pop- I have always felt that the budget should be to fill up an average car. Suddenly, that family ular tax cuts before the harder spending cuts, balanced through spending reduction, not tax trip to the beach just got a great deal more ex- and ended up adding $4 trillion to the deficit. increases. Higher taxes simply permit Con- pensive. Before we cut any taxes, we should set gress to continue the growth in Federal spend- Not surprisingly, much of the political rhet- aside partisan differences and work out an ing. oric in this town has been focused on assign- agreement to achieve the $700 billion of It is time we downsize the Federal Govern- ing blame for this gas price crisis. Politicians spending cuts needed to being the budget into ment, and a reduction in the gas tax is a small blame the oil companies, the oil companies balance. The simple fact is that, until we bal- but important step in that direction. Our next blame mother nature, others blame our de- ance the budget, any tax cut is really done step should be to make this repeal permanent. pendence on foreign oil. with borrowed money. I cannot justify putting Mrs. COLLINS of Illinois. Mr. Speaker, I rise To me, this blame game seems like a waste more debt on the backs of our children and in opposition to the Gingrich-Armey Repub- of time. Assigning blame may feel good, but it grandchildren though a temporary tax cut de- lican proposal to reduce a Federal tax on gas- doesn't change the facts: Americans are pay- signed to gain short term political gain. oline by 4.3 cents. This is just another political ing more at the pump than at any time in re- I was encouraged by the bipartisanship that move that sounds good on the evening news, cent memory. Instead of arguing about who is was evident in the most recent vote on the but doesn't play out at the gas pump. to blame, I believe that we should do some- Coalition budget. But instead of working to- No rebate would be passed on to the Amer- thing concrete that will actually help consum- ward a balanced budget plan, the Majority ican people and the big oil companies would ers cope with the skyrocketing price of gas. leadership has squandered a historic oppor- get to pocket the windfall. With all their cor- That's why we are here today. The bill we tunity to set aside partisan differences that porate tax breaks they would probably even are considering, H.R. 3415, would give Amer- could result in result in real deficit reduction in not pay taxes on the tax rebate. ican consumers relief from the recent esca- the overall context of the budget. Because the Gingrich Republicans will not lation of gas prices. It would do so by repeal- I find it interesting that some of the strong- accept any provisions in the bill to guarantee ing the 4.3 cents-per-gallon gas tax increase est advocates of the 7-months temporary gas that any repeal of the 4.3-cent Federal tax that was passed as part of the 1993 Clinton tax repeal are usually such vocal opponents of could or would be passed on the American budget. For the record, this 4.3 cent Clinton intervention in the marketplace. When it people as a reduction in the price of a gallon tax hike does not go to rebuilding our infra- comes to agriculture policy, many of my col- of gas, I will vote against this cynical election- year stunt. structureÐas the rest of the Federal gas tax leagues are only too willing to take away the This is the latest effort by the Republicans does. Instead, it was implemented solely to price supports and subsidies that have helped to play politics with the American people's fund additional social programs. This bill would our own producers compete against our heav- pocketbook. Recently Mr. ARMEY was credited take this 4.3 cents and return it to the tax- ily subsidized trading partners. They say we with a prediction that the Gingrich-Armey pro- payers. should let the market place work, but when posed gasoline tax repeal might make Ameri- Now, 4.3 cents may not sound like much, gasoline prices temporarily increase 21 cents cans happy because it would save the aver- but it adds up. In fact, by repealing the Clinton over a 4-month period, all of a sudden it is age motorist about $27.00 a year. They evi- tax increase, this legislation will put $1.7 billion time for the Federal Government to come in dently think that the American voter can be dollars back in to the pocketbooks of Amer- and save the dayÐat least for 7 months. bought for $27.00 a year. ican consumers between now and the end of There is no mystery about the market forces If the authors of this legislation would just the year. That's $1.7 billion dollars that can be that increased gasoline prices. The coldest do a little math on comparing the proposed used for family tripsÐor for more basic items winter in years drove up demand, which pro- gasoline tax repeal with a raise in the mini- like food, clothing and education. And, by cut- duction failed to meet. The high demand for mum wage, they would see that the average ting wasteful government bureaucracy, this bill heating oil delayed gasoline production. Mar- American minimum wage earner would benefit gives Americans this needed tax relief without ket speculation about Iraqi oil caused uncer- to the tune of about $36.00 per week by an in- adding to the deficit. tainties within the marketplace. The bottom crease from $4.15 to $5.25 per hour. that's In short, this legislation represents a unique line is this: the 4.3-cent gasoline tax enacted $1,872 a year. Now I ask you, would any opportunity to help working folks cope with the 3 years ago did not increase pump prices this hardworking American prefer $27.00 a year to escalating price of gas. By supporting the re- year; a reduction in this tax will not necessarily $1,872.00 a year? As the young people say peal of the Clinton gas tax hike, we can give be passed on to the consumer; and reducing these days, ``I don't think so!'' the American people a Memorial Day present: the gas tax is not the solution to current mar- In fact, the proposed rebate by repeal of Lower gas prices and more money to spend ket conditions, or the budget deficit. In fact, $27.00 per year wouldn't even be a drop in on their own families. the majority's short-sighted decision to termi- the bucket to most Republicans, pocket For these reasons, I urge my colleagues to nate Federal support of fossil fuels research change to those who usually avoid any com- support H.R. 3415. It's time to repeal the Clin- and development will leave us even more vul- parison with the average American unless it is ton gas tax increase and let working folks nerable to future disruptions in the energy an election year. But, even as an election year keep more of the money they have earned. market. ploy, the Gingrich-Armey Republicans ought to Mr. STENHOLM. Mr. Speaker, the Con- There is no question the U.S. Tax Code be able to do better than $27.00 a year. gress stands poised to vote on a bill to repeal needs reform to bring about tax relief and in- Once again, the Gingrich-Armey Repub- the 4.3 cents-per-gallon gasoline tax increase centives to invest in our country's future. But licans have shown that they are completely which was included in the 1993 deficit reduc- let the American consumer be forewarned; the out of touch with the American people. Be- tion bill. What we actually have here is the 4.3-cent gasoline tax repeal, as supported by cause there is no assurance nor expectation Election Year Seven Month Temporary 4.3 the majority and the President, will last that the American people would ever see an Cents Tax Repeal Bill, and it is a textbook ex- through December 31, 1996, less than 2 extra penny in their pocket as a result of this ample of poor public policy being driven by months after the November election. On Janu- windfall to the oil companies, I urge my col- election year politics. ary 1, 1997, all the rhetoric heard about tax leagues to vote against this bill. Let me say for the record that my opposition relief will be worth just about as much as the Mr. KIM. Mr. Speaker, I rise today in sup- to this gasoline tax increase was one of sev- noisemakers used to bring in the New Year. port of H.R. 3415, legislation that would repeal eral reasons I voted against the 1993 budget Mr. BUNNING of Kentucky. Mr. Speaker, I the 1993 Clinton gas tax hike. on final passage. But here we are, 3 years rise today in strong support of the repeal of As my colleagues are aware, the coming later, still racking up annual budget deficits to the Clinton gasoline tax. It was a mistake Memorial Day weekend is one of the biggest pass on to our children and grandchildren, and when the Democratic Congress imposed this driving holidays of the year. All over the coun- we are nitpicking about a 7-month break from tax and today is our opportunity to correct it. try, Americans will be getting in their cars and paying this 4.3-cent tax. Historically, motor fuel taxes have been drivingÐto family picnics, to the mountains, to Last year, the House and Senate leadership dedicated to the upkeep and improvement of the beach, to visit relatives. Of course, this included language to prohibit tax cuts until the our Nation's highways and other transportation driving has a cost. In order to do all of this Congressional Budget Office certified that infrastructure. The Clinton gas tax was not. driving, Americans will have to buy gasÐover Congress has sufficiently reduced spending to While it was passed under the rubric of defi- 60 million gallons of gas, in fact. pay for tax cuts and balance the budget. Un- cit reduction, the Clinton tax on gasoline was H5352 CONGRESSIONAL RECORD — HOUSE May 21, 1996 simply used to fund more spending by a bloat- Congress can be proud to relieve Ameri- The bill was ordered to be engrossed ed Federal Government that already spends cans of this burdensome tax and let them and read a third time, and was read the too much. In this Kentuckian's view, the way keep more of what they earn knowing that the third time. to cut the deficit is not by raising taxes but by Government will not guzzle their hard-earned MOTION TO RECOMMIT OFFERED BY MR. RANGEL changing Washington's bad spending habits. dollar at the pump. Mr. RANGEL. Mr. Speaker, I offer a Fortunately, the Republican majority under- Mr. BLILEY. Mr. Speaker, I rise in support motion to recommit. stands that we are spending money earned by of the rule for H.R. 3415, a bill to repeal the The SPEAKER pro tempore. Is the working people, not magically pulled out of the 4.3-cent increase in the transportation motor gentleman opposed to the bill? air. And, this Congress has made great strides fuels excise tax. Two provisionsÐsection 6, Mr. RANGEL. Yes, I am. in restraining the Federal leviathan. which deals with authorizations for the Depart- The SPEAKER pro tempore. The We have fully covered the revenue change ment of Energy, and section 7, which deals Clerk will report the motion to recom- from the gas tax cut by cutting overhead with spectrum auctionsÐare within the juris- mit. spending at the Department of Energy and diction of the Committee on Commerce. The Clerk read as follows: selling part of the broadcoast spectrum. We Section 6 of H.R. 3415 would authorize an Mr. RANGEL moves to recommit H.R. 3415 are not just raising another tax to offset this average of $96 million per year for ``depart- to the Committee on Ways and Means with cut. mental administration and other activities'' dur- instructions to report the bill back forthwith This repeal of the gasoline tax represents ing fiscal years 1997 through 2002, compared with an amendment striking all after the en- one more example of the difference between to an appropriations level of $226 million in fis- acting clause and inserting the following: the way things used to work in Washington cal year 1996. According to the Congressional SECTION 1. PURPOSE. and the way they work under the Republican Budget Office, assuming appropriation of the The purpose of this Act is to repeal the 4.3- majority. We believe that the people should authorized amounts, section 6 would reduce cent increase in the transportation motor get to keep more of what they earn. outlays by $542 million during fiscal years fuels excise tax rates enacted by the Omni- For some, this is a novel concept. But for bus Budget Reconciliation Act of 1993 and 1997 through 2002. This provision is nec- dedicated to the general fund of the Treas- most of us it is a bedrock principle that the essary to address serious concerns regarding ury. American people do a better job of spending Secretary O'Leary's extensive and costly trav- SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL their money than bureaucrats in Washington el, very large expenditures by the Secretary TAX RATES ENACTED BY THE OMNI- do. on public relations, and a serious lack of con- BUS BUDGET RECONCILIATION ACT Mr. Clinton has said that he raised taxes too trols over spending on training. Problems in OF 1993 AND DEDICATED TO GEN- ERAL FUND OF THE TREASURY. much in 1993. I agree with him; and, now I these and other areas have arisen as a result (a) IN GENERAL.—Section 4081 of the Inter- encourage my colleagues to pass this gaso- of an investigation being conducted by the nal Revenue Code of 1986 (relating to imposi- line tax repeal and give Mr. Clinton the chance Subcommittee on Oversight and Investigations tion of tax on gasoline and diesel fuel) is to show us that, for once, his actions will of the Committee on Commerce. amended by adding at the end the following match his words. As modified by my amendment incorporated new subsection: Ms. MOLINARI. Mr. Speaker, I would first in this rule, section 7 will require the Federal ‘‘(f) REPEAL OF 4.3-CENT INCREASE IN FUEL like to thank Mr. ARCHER, the distinguished Communications Commission to identify and TAX RATES ENACTED BY THE OMNIBUS BUDGET chairman of the Ways and Means Committee auction 35 megahertz of radio spectrum under RECONCILIATION ACT OF 1993 AND DEDICATED for introducing this bill and giving us the op- the 3 gigahertz band. It promotes efficient TO GENERAL FUND OF THE TREASURY.— portunity to give back to the taxpayers what ‘‘(1) IN GENERAL.—During the applicable pe- spectrum use by having the marketplace de- riod, each rate of tax referred to in para- should not have been taken from them in the termine the highest and best use of the spec- graph (2) shall be reduced by 4.3 cents per first place. trum. In identifying such spectrum, the Com- gallon. No one would argue that the President's mission is required to take into account the ‘‘(2) RATES OF TAX.—The rates of tax re- 4.3-cent increase in the gas tax enacted by needs of public safety services. ferred to in this paragraph are the rates of the Omnibus Budget Reconciliation Act of The provision is consistent with the sound tax otherwise applicable under— 1993 isn't being felt at every gas station public policy initiatives previously established ‘‘(A) subsection (a)(2)(A) (relating to gaso- across the Nation and that relief is quickly by Congress. In 1993, the FCC was author- line and diesel fuel), needed. The gas tax increase cost Americans ‘‘(B) sections 4091(b)(3)(A) and 4092(b)(2) (re- ized, through enactment of the Omnibus lating to aviation fuel), more than $4.8 billion at the pump. Further, Budget Reconciliation Act, to auction portions ‘‘(C) section 4042(b)(2)(C) (relating to fuel the revenue generated from this increase for of spectrum for commercial licenses. Con- used on inland waterways), the first time, was dedicated to deficit reduc- gress determined at that time that the FCC's ‘‘(D) paragraph (1) or (2) of section 4041(a) tion rather than from transportation projects. current methods of distributing spectrumÐby (relating to diesel fuel and special fuels), This is a sneaky maneuver to tax Americans lottery and comparative hearingsÐwere prob- ‘‘(E) section 4041(c)(2) (relating to gasoline for deficit reduction and leaving them to be- lematic because they robbed the American used in noncommercial aviation), and lieve nothing is being directly taken from their taxpayers of compensation for the use of a ‘‘(F) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). paychecks. Rather than reforming inefficient scarce public resource and led to subjective ‘‘(3) COMPARABLE TREATMENT FOR COM- Government programs to reduce the deficit, judgments by a Government agency, respec- PRESSED NATURAL GAS.—No tax shall be im- the administration decided to tax the public tively. posed by section 4041(a)(3) on any sale or use once more. The overwhelming financial success of auc- during the applicable period. Rolling back the gas tax would not affect tions for the U.S. Treasury, coupled with the ‘‘(4) COMPARABLE TREATMENT UNDER CER- any of the motor fuels excise taxes that are al- soundness of auctions from a public policy TAIN REFUND RULES.—In the case of fuel on ready set aside for the Highway Trust Fund, prospective, led the Commerce Committee to which tax is imposed during the applicable nor would it effect the Federal budget. How- extend the auction authority in the last budget period, each of the rates specified in sections ever, this bill would save Americans almost cycle. My amendment is wholly consistent with 6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), $5.5 billion annually and recoup the approxi- 6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be re- the spectrum policy established in last year's duced by 4.3 cents per gallon. mately 6,000 jobs New Yorkers alone have legislation. The committee has held two hear- ‘‘(5) COORDINATION WITH HIGHWAY TRUST lost. ings this Congress which confirmed the wis- FUND DEPOSITS.—In the case of fuel on which I would also like to thank those national dom of this policy. Additionally, my amend- tax is imposed during the applicable period, chains which have already agreed to lower ment will not affect or apply to the spectrum each of the rates specified in subparagraphs their prices the second we pass this law. I identified for the transition to digital television. (A)(i) and (C)(i) of section 9503(f)(3) shall be hope our local distributors will do the same. Finally, in recognition of the success of the reduced by 4.3 cents per gallon. Finally, this bill also requires that all fuel auction process my amendment makes the ‘‘(6) APPLICABLE PERIOD.—For purposes of taxes collected be deposited in transportation this subsection, the term ‘applicable period’ FCC auction authority permanent. means the period after the 6th day after the trust funds rather than the Treasury's general The SPEAKER pro tempore. All time date of the enactment of this subsection and fund. Our streets and bridges are falling apart, for debate has expired. before January 1, 1997.’’ our air traffic control systems need upgrading, Pursuant to House Resolution 436, (b) EFFECTIVE DATE.—The amendment and our ferry terminals are in dire need of re- the previous question is ordered on the made by this section shall take effect on the pair. This bill ensures the revenue will be used bill, as amended. date of the enactment of this Act. only for those programs for which it is in- The question is on engrossment and SEC. 3. FLOOR STOCK REFUNDS. tended. third reading of the bill. (a) IN GENERAL.—If— May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5353

(1) before the tax repeal date, tax has been (d) EXCEPTION FOR EXEMPT USES.—The tax (2) ENFORCEMENT.—Any person who fails to imposed under section 4081 or 4091 of the In- imposed by subsection (a) shall not apply to meet the requirements of paragraph (1) with ternal Revenue Code of 1986 on any liquid, gasoline, diesel fuel, or aviation fuel held by respect to any fuel shall be liable for Federal and any person exclusively for any use to the ex- excise taxes on such fuel as if this Act had (2) on such date such liquid is held by a tent a credit or refund of the tax imposed by not been enacted. dealer and has not been used and is intended section 4081 or 4091 of such Code is allowable (3) WAIVER.—In the case of a failure which for sale, for such use. is due to reasonable cause and not to willful there shall be credited or refunded (without (e) EXCEPTION FOR FUEL HELD IN VEHICLE neglect, the Secretary may waive part or all interest) to the person who paid such tax TANK.—No tax shall be imposed by sub- of the additional taxes imposed by paragraph (hereafter in this section referred to as the section (a) on gasoline or diesel fuel held in (2) to the extent that payment of such taxes ‘‘taxpayer’’) an amount equal to the excess the tank of a motor vehicle or motorboat. would be excessive relative to the failure in- of the tax paid by the taxpayer over the (f) EXCEPTION FOR CERTAIN AMOUNTS OF volved. amount of such tax which would be imposed FUEL.— (c) DEFINITIONS.—For purposes of this sec- on such liquid had the taxable event oc- (1) IN GENERAL.—No tax shall be imposed tion— curred on such date. by subsection (a)— (1) TAXABLE FUEL.—The term ‘‘taxable (b) TIME FOR FILING CLAIMS.—No credit or (A) on gasoline held on January 1, 1997, by fuel’’ has the meaning given such term by refund shall be allowed or made under this any person if the aggregate amount of gaso- section 4083(a) of such Code. section unless— line held by such person on such date does (2) SECRETARY.—The term ‘‘Secretary’’ (1) claim therefor is filed with the Sec- not exceed 4,000 gallons, and means the Secretary of the Treasury or his retary of the Treasury before the date which (B) on diesel fuel or aviation fuel held on delegate. is 6 months after the tax repeal date, and such date by any person if the aggregate (d) GAO STUDY.— (2) in any case where liquid is held by a amount of diesel fuel or aviation fuel held by (1) IN GENERAL.—The Comptroller General dealer (other than the taxpayer) on the tax such person on such date does not exceed of the United States shall conduct a study of repeal date— 2,000 gallons. the repeal of the 4.3-cent increase in the fuel tax imposed by the Omnibus Budget Rec- (A) the dealer submits a request for refund The preceding sentence shall apply only if onciliation Act of 1993 to determine whether or credit to the taxpayer before the date such person submits to the Secretary (at the there has been a passthrough of such repeal. which is 3 months after the tax repeal date, time and in the manner required by the Sec- (2) REPORT.—Not later than January 31, and retary) such information as the Secretary 1997, the Comptroller General of the United (B) the taxpayer has repaid or agreed to shall require for purposes of this paragraph. States shall report to the Committee on Fi- repay the amount so claimed to such dealer (2) EXEMPT FUEL.—For purposes of para- nance of the Senate and the Committee on or has obtained the written consent of such graph (1), there shall not be taken into ac- Ways and Means of the House of Representa- dealer to the allowance of the credit or the count fuel held by any person which is ex- tives the results of the study conducted making of the refund. empt from the tax imposed by subsection (a) under paragraph (1). An interim report on (c) EXCEPTION FOR FUEL HELD IN RETAIL by reason of subsection (d) or (e). STOCKS.—No credit or refund shall be allowed such results shall be submitted to such com- (3) CONTROLLED GROUPS.—For purposes of mittees not later than November 1, 1996. under this section with respect to any liquid this subsection— in retail stocks held at the place where in- SEC. 6. AUTHORIZATION OF APPROPRIATIONS (A) CORPORATIONS.— tended to be sold at retail. FOR EXPENSES OF ADMINISTRATION (i) IN GENERAL.—All persons treated as a (d) DEFINITIONS.—For purposes of this sec- OF THE DEPARTMENT OF ENERGY. tion— controlled group shall be treated as 1 person. Section 660 of the Department of Energy ONTROLLED GROUP.—The term ‘‘con- (1) the terms ‘‘dealer’’ and ‘‘held by a deal- (ii) C Organization Act (42 U.S.C. 7270) is amend- trolled group’’ has the meaning given to such er’’ have the respective meanings given to ed— term by subsection (a) of section 1563 of such such terms by section 6412 of such Code; ex- (1) by inserting ‘‘(a) IN GENERAL.—’’ before Code; except that for such purposes the cept that the term ‘‘dealer’’ includes a pro- ‘‘APPROPRIATIONS’’; and phrase ‘‘more than 50 percent’’ shall be sub- ducer, and (2) by adding at the end the following: stituted for the phrase ‘‘at least 80 percent’’ (2) the term ‘‘tax repeal date’’ means the ‘‘(b) FISCAL YEARS 1997 THROUGH 2002.— each place it appears in such subsection. 7th day after the date of the enactment of There are authorized to be appropriated for (B) NONINCORPORATED PERSONS UNDER COM- this Act. salaries and expenses of the Department of (e) CERTAIN RULES TO APPLY.—Rules simi- MON CONTROL.—Under regulations prescribed Energy for departmental administration and lar to the rules of subsections (b) and (c) of by the Secretary, principles similar to the other activities in carrying out the purposes section 6412 of such Code shall apply for pur- principles of subparagraph (A) shall apply to of this Act— poses of this section. a group of persons under common control ‘‘(1) $104,000,000 for fiscal year 1997; SEC. 4. FLOOR STOCKS TAX. where 1 or more of such persons is not a cor- ‘‘(2) $104,000,000 for fiscal year 1998; (a) IMPOSITION OF TAX.—In the case of any poration. ‘‘(3) $100,000,000 for fiscal year 1999; liquid on which tax was imposed under sec- (g) OTHER LAW APPLICABLE.—All provisions ‘‘(4) $90,000,000 for fiscal year 2000; tion 4081 or 4091 of the Internal Revenue Code of law, including penalties, applicable with ‘‘(5) $90,000,000 for fiscal year 2001; and of 1986 before January 1, 1997, and which is respect to the taxes imposed by section 4081 ‘‘(6) $90,000,000 for fiscal year 2002.’’. held on such date by any person, there is of such Code in the case of gasoline and die- SEC. 7. SPECTRUM AUCTIONS. hereby imposed a floor stocks tax of 4.3 cents sel fuel and section 4091 of such Code in the (a) COMMISSION OBLIGATION TO MAKE ADDI- per gallon. case of aviation fuel shall, insofar as applica- TIONAL SPECTRUM AVAILABLE BY AUCTION.— (b) LIABILITY FOR TAX AND METHOD OF PAY- ble and not inconsistent with the provisions (1) IN GENERAL.—The Federal Communica- MENT.— of this subsection, apply with respect to the tions Commission shall complete all actions (1) LIABILITY FOR TAX.—A person holding a floor stock taxes imposed by subsection (a) necessary to permit the assignment, by liquid on January 1, 1997, to which the tax to the same extent as if such taxes were im- March 31, 1998, by competitive bidding pursu- imposed by subsection (a) applies shall be posed by such section 4081 or 4091. ant to section 309(j) of the Communications liable for such tax. SEC. 5. GAS TAX REDUCTION MUST BE PASSED Act of 1934 (47 U.S.C. 309(j)) of licenses for (2) METHOD OF PAYMENT.—The tax imposed THROUGH TO CONSUMERS. the use of bands of frequencies that— by subsection (a) shall be paid in such man- (a) GAS TAX REDUCTION ONLY TO BENEFIT (A) individually span not less than 12.5 ner as the Secretary shall prescribe. CONSUMERS.—It shall be unlawful for any megahertz, unless a combination of smaller (3) TIME FOR PAYMENT.—The tax imposed person selling or importing any taxable fuel bands can, notwithstanding the provisions of by subsection (a) shall be paid on or before to fail to fully pass on (through a reduction paragraph (7) of such section, reasonably be June 30, 1997. in the price that would otherwise be charged) expected to produce greater receipts; (c) DEFINITIONS.—For purposes of this sec- the reduction in tax on such fuel under this (B) in the aggregate span not less than 25 tion— Act. megahertz; (1) HELD BY A PERSON.—A liquid shall be (b) RESPONSIBILITIES OF PERSONS LIABLE (C) are located below 3 gigahertz; and considered as ‘‘held by a person’’ if title FOR TAX.— (D) have not, as of the date of enactment of thereto has passed to such person (whether (1) IN GENERAL.—Every person liable for this Act— or not delivery to the person has been made). the payment of Federal excise taxes on any (i) been assigned or designated by Commis- (2) GASOLINE AND DIESEL FUEL.—The terms taxable fuel— sion regulation for assignment pursuant to ‘‘gasoline’’ and ‘‘diesel fuel’’ have the respec- (A) shall fully pass on, as required by sub- such section; tive meanings given such terms by section section (a), the reduction in tax on such fuel (ii) been identified by the Secretary of 4083 of such Code. under this Act, and Commerce pursuant to section 113 of the Na- (3) AVIATION FUEL.—The term ‘‘aviation (B) if the taxable event is not a sale to the tional Telecommunications and Information fuel’’ has the meaning given such term by ultimate consumer, shall take such steps as Administration Organization Act (47 U.S.C. section 4093 of such Code. may be reasonably necessary to ensure that 923); or (4) SECRETARY.—The term ‘‘Secretary’’ such reduction is fully passed on, as required (iii) reserved for Federal Government use means the Secretary of the Treasury or his by subsection (a), to subsequent purchasers pursuant to section 305 of the Communica- delegate. of the taxable fuel. tions Act of 1934 (47 U.S.C. 305). H5354 CONGRESSIONAL RECORD — HOUSE May 21, 1996 (2) CRITERIA FOR REASSIGNMENT.—In mak- nies. Even if our cousin Jake does have on to the consumer, then they must ing available bands of frequencies for com- a gas pump, he should be getting the vote for this recommittal motion, or petitive bidding pursuant to paragraph (1), break to pass through to the people else the oil companies will gobble it up the Commission shall— who come by his gasoline station. like a nice tasty snack. (A) seek to promote the most efficient use of the spectrum; Now, if my colleagues are going to The SPEAKER pro tempore. The gen- (B) take into account the cost to incum- tell me that it is too complicated to do tleman from Texas [Mr. ARCHER] is rec- bent licensees of relocating existing uses to or that they do not understand the free ognized for 5 minutes in opposition to other bands of frequencies or other means of market system or that we cannot find the motion to recommit. communication; out where the 4.3 cents is going to go, Mr. ARCHER. Mr. Speaker, the mo- (C) take into account the needs of public then why do we not quit the sham and tion to recommit attempts to regulate safety radio services; get on with something else? If it can- the market price of motor fuels with (D) comply with the requirements of inter- not go to the consumer and my col- the threat of monetary penalties for national agreements concerning spectrum failure to pass on the motor fuels tax allocations; and leagues do not know how it is going to (E) take into account the costs to satellite get to them, then let us leave this reduction to customers. The mechanics service providers that could result from mul- thing alone and try to find something of the motion offered by Mr. RANGEL tiple auctions of like spectrum internation- else for the campaign. God knows we are flawed. More importantly the mo- ally for global satellite systems. got a couple of months left. tion lacks a fundamental confidence in (b) FEDERAL COMMUNICATIONS COMMISSION But if my colleagues want to help the our free market system which has MAY NOT TREAT THIS SECTION AS CONGRES- consumer, then all they have to do is served us so well. Instead the motion SIONAL ACTION FOR CERTAIN PURPOSES.—The say this: We mandate that the 4.3 be- smacks of price controls and the long- Federal Communications Commission may not treat the enactment of this Act or the tween now and election passes on to hand of gargantuan government. inclusion of this section in this Act as an ex- the consumer. And everybody has to Even before I speak to the bad eco- pression of the intent of Congress with re- say on the penalty of having the tax re- nomics of this motion, let me explain spect to the award of initial licenses of con- imposed that they would pass it on to why the provisions before us do not struction permits for Advanced Television the consumer, and that should not be a work. First, Federal taxes on gasoline Services, as described by the Commission in very complicated thing for our col- are paid well before the customer pulls its letter of February 1, 1996, to the Chair- leagues to figure out. But just in case into the gas station. man of the Senate Committee on Commerce, there is a problem, our colleagues have These taxes are paid at some 1,700 Science, and Transportation. bulk storage terminals. From there, Mr. RANGEL (during the reading). in their bill a method in which they some 15,000 wholesale dealers or jobbers Mr. Speaker, I ask unanimous consent have a General Office of Accounting buy the product which then is delivered that the motion to recommit be consid- finding. to retail service stations which total ered as read and printed in the Record. We will mandate that there be a Gen- The SPEAKER pro tempore. Is there eral Office of Accounting report on No- over 195,000 nationwide and sell nearly objection to the request of the gen- vember 1 before the election to see 200 brands of gasoline. Keeping this universe in mind, the tleman from New York? whether or not the Republican tax re- There was no objection. moval is passed on to the American Rangel motion would essentially make The SPEAKER pro tempore. The gen- people. 600 taxpayers, those at the terminal fa- tleman from New York [Mr. RANGEL] is Mr. Speaker, I yield to the distin- cilities, pay penalties equal to all or recognized for 5 minutes in support of guished gentleman from Massachusetts part of the tax reduction which does his motion to recommit. [Mr. MARKEY]. not flow to customers. Very simply, Mr. RANGEL. Mr. Speaker, I do Mr. MARKEY. Mr. Speaker, I thank the terminal taxpayers will pay dearly know that election time causes us to the gentleman very much for yielding. if even one of the nearly 210,000 whole- do a lot of strange things, and cer- The reason that the gentleman from sale dealers and gas station operators tainly if anyone is serious about taking New York [Mr. RANGEL] has framed fail to pass-through the tax reduction. off 4.3 cents from the Federal gasoline this recommittal motion is that the The motion raises basic fairness ques- tax on a permanent basis, then we are American consumer has seen in the tions since taxpayers are held respon- talking about some $31 billion. last 3 or 4 months an increase of 20 sible for another person’s inability to Now, it may be true that we have cents to 40 cents at the gas pump for account for a tax reduction. just learned about balancing the budg- the price of gasoline. Now, that means Furthermore, the motion begs the et, but certainly for those of my col- that oil companies are taking from $100 question over how the already strained leagues that have been advocating this to $200 more this year out of the pock- resources of the IRS will monitor and for so long, what a heck of a time to be ets of consumers for gasoline than they audit some 210,000 persons who buy and thinking about balancing the budget did last year. The Republican motion sell some 200 brands of gasoline. and cutting back revenue. says that the 4 cent gasoline tax from Putting aside the unworkable ma- Now, when I was on the committee 1993, which is their idea of relief for the chinery, it is essential that my col- trying to make certain that this bad consumer who is losing 100 to 200 leagues focus on the real message be- idea, at least that it would be the bucks, they are going to get this 4 cent hind this motion. Its proponents will consumer that would be the bene- break, which is about 15 or 20 bucks, make the deceptively attractive claim ficiary, the protectors of the oil com- should go to the oil refinery level. That that the motion will put the tax reduc- panies said, ‘‘No, if you are trying to is where the bulk of their tax break tion into the pockets of consumers in- pass this through to the consumer, goes. They give it to the oil refiners, stead of the oil industry. But if pro- then you’re manipulating the market- largely, and they ask them to pass it ponents really mean what they say place. What you have to do is to trust on to the consumer. then what is before us is yet another the oil people. They’ll do the right The gentleman from New York says, attempt, albeit flawed, to control the thing. They’ll pass it through to the well, if that is how they are going to do profit margins of every individual who consumer.’’ it, we need that to be certified, we need buys and sells gasoline and diesel. The And so my motion to recommit mere- to have some evidence that the large motion discards the fact that petro- ly says that we should make it manda- oil companies pass that tax break on leum prices respond to the basic eco- tory, requiring the oil companies to down to the consumer. nomics of supply and demand and are pass the full tax savings on to the Now, we had alternatives to give the set by the world’s most competitive consumer and reimposing a tax if the money right to the consumer, but the marketplace. company violates this requirement. Republicans will not put those amend- Earlier this year we witnessed just So I want people to listen very care- ments in order. how well competition drives the prices fully to those people who advocate this So the gentleman from New York’s charge to consumers. On January 1, the reduction in taxes. recommittal motion is quite simple. If 10-percent airline ticket tax expired. Please, do not tell me that it cannot my colleagues want to guarantee that That same day, most of the major car- be done because the whole idea is not the large oil companies pass that 4 cent riers reduced air fares by a correspond- to give the benefit to the oil compa- gasoline tax break, 15 or 20 or 30 bucks, ing 10 percent. Within 24 hours, the May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5355 pressures of competition drove another Poshard Sisisky Towns Kingston McNulty Smith (MI) Rahall Skaggs Traficant Klink Molinari Taylor (NC) major air carrier to drop its air fares Rangel Skelton Velazquez Largent Oberstar Torres by 10 percent. Reed Slaughter Vento Lucas Ortiz Watts (OK) Interestingly enough, the penalties Richardson Spratt Visclosky Maloney Peterson (FL) for failure to pass through the tax re- Rivers Stark Volkmer McDermott Rohrabacher Roemer Stenholm Ward duction do not apply to aviation jet Rose Stokes Waters b 1915 fuels and special motor fuels. Roybal-Allard Studds Watt (NC) But, market forces are not limited to Rush Stupak Waxman Ms. PRYCE and Mrs. SEASTRAND Sabo Tanner Williams changed their vote from ‘‘yea’’ to the airlines. They are known to all seg- Sanders Taylor (MS) Wilson ments of America’s industries for the ‘‘nay.’’ Sawyer Tejeda Wise Mr. CUMMINGS and Mr. simple reason that business, in order to Schroeder Thompson Woolsey survive, they must bear the scrutiny of Schumer Thornton Wynn GEJDEBSON changed their vote from Scott Thurman Yates ‘‘nay’’ to ‘‘yea.’’ the America consumer. Serrano Torricelli Make no mistake, the motion offered So the motion to recommit was re- jected. by Mr. RANGEL is a poorly constructed NAYS—225 The result of the vote was announced and dangerous attempt to control the Allard Frelinghuysen Moorhead laws of economics, all in the name of Archer Funderburk Morella as above recorded. Armey Ganske Myers feel-good politics. The motion should Mr. WALKER. Mr. Speaker, I ask Bachus Gekas Myrick unanimous consent on the suspension be rejected. Baker (CA) Geren Nethercutt The SPEAKER pro tempore. Without Baker (LA) Gilchrest Neumann vote to follow final passage on the bill objection, the previous question is or- Ballenger Gillmor Ney that it be reduced to 5 minutes. Barr Gilman Norwood The SPEAKER pro tempore (Mr. dered on the motion to recommit. Barrett (NE) Goodlatte Nussle KOLBE). Is there objection to the re- There was no objection. Bartlett Goodling Oxley The SPEAKER pro tempore. The Barton Goss Packard quest of the gentleman from Penn- Bass Graham Parker question is on the motion to recommit. sylvania? Bateman Greene (UT) Paxon There was no objection. The question was taken; and the Bereuter Greenwood Petri Speaker pro tempore announced that Bilbray Gunderson Pombo The SPEAKER pro tempore. The Bilirakis Gutknecht Porter question is on the passage of the bill. the noes appeared to have it. Bliley Hall (TX) Portman Mr. RANGEL. Mr. Speaker, I object The question was taken; and the Blute Hancock Pryce Speaker pro tempore announced that to the vote on the ground that a Boehlert Hansen Quillen quorum is not present and make the Boehner Hastert Quinn the ayes appeared to have it. Bonilla Hastings (WA) Radanovich point of order that a quorum is not Mr. ARCHER. Mr. Speaker, I object Bono Hayes Ramstad to the vote on the ground that a present. Brewster Hayworth Regula The SPEAKER pro tempore. Evi- Bryant (TN) Hefley Riggs quorum is not present and make the Bunning Heineman Roberts point of order that a quorum is not dently a quorum is not present. Burr Herger Rogers The Sergeant At Arms will notify ab- present. Burton Hilleary Ros-Lehtinen The SPEAKER pro tempore. Evi- sent Members. Buyer Hobson Roth The vote was taken by electronic de- Callahan Hoekstra Roukema dently a quorum is not present. Calvert Hoke Royce vice, and there were—yeas 183, nays The Sergeant at Arms will notify ab- Camp Horn Salmon sent Members. 225, not voting 25, as follows: Campbell Hostettler Sanford The vote was taken by electronic de- [Roll No. 181] Canady Houghton Saxton Castle Hunter Scarborough vice, and there were—yeas 301, nays YEAS—183 Chabot Hutchinson Schaefer 108, not voting 24, as follows: Chambliss Hyde Schiff Abercrombie Doggett Kildee [Roll No. 182] Ackerman Dooley Kleczka Chenoweth Inglis Seastrand Andrews Doyle LaFalce Christensen Istook Sensenbrenner YEAS—301 Chrysler Johnson (CT) Shadegg Baldacci Edwards Lantos Abercrombie Calvert Dunn Barcia Engel Levin Coble Johnson, Sam Shaw Collins (GA) Jones Shays Ackerman Camp Edwards Barrett (WI) Eshoo Lewis (GA) Allard Canady Ehrlich Becerra Evans Lincoln Combest Kasich Shuster Cooley Kelly Skeen Andrews Castle Emerson Beilenson Farr Lipinski Archer Chabot Engel Bentsen Fattah Lofgren Cox Kim Smith (NJ) Crane King Smith (TX) Armey Chambliss English Berman Fazio Lowey Bachus Chapman Ensign Bevill Fields (LA) Luther Crapo Klug Smith (WA) Cremeans Knollenberg Solomon Baker (CA) Chenoweth Eshoo Bishop Filner Manton Baker (LA) Christensen Evans Bonior Flake Markey Cubin Kolbe Souder Cunningham LaHood Spence Baldacci Chrysler Everett Borski Foglietta Martinez Ballenger Clement Ewing Boucher Ford Mascara Davis Latham Stearns Deal LaTourette Stockman Barcia Coble Farr Browder Frank (MA) Matsui Barr Coleman Fawell Brown (CA) Frost McCarthy DeLay Laughlin Stump Diaz-Balart Lazio Talent Barrett (NE) Collins (GA) Fazio Brown (FL) Furse McHale Bartlett Combest Fields (LA) Brown (OH) Gejdenson McKinney Dickey Leach Tate Doolittle Lewis (CA) Tauzin Barton Condit Fields (TX) Brownback Gephardt Meehan Bass Cooley Filner Bryant (TX) Gibbons Meek Dornan Lewis (KY) Thomas Dreier Lightfoot Thornberry Bateman Cox Flanagan Cardin Gonzalez Menendez Bentsen Cramer Foley Chapman Gordon Millender- Duncan Linder Tiahrt Dunn Livingston Torkildsen Bereuter Crane Forbes Clay Green (TX) McDonald Bevill Crapo Fowler Clayton Hall (OH) Miller (CA) Ehlers LoBiondo Upton Ehrlich Longley Vucanovich Bilbray Cremeans Fox Clement Hamilton Minge Bilirakis Cubin Franks (CT) Clyburn Hastings (FL) Mink Emerson Manzullo Walker English Martini Walsh Bishop Cummings Franks (NJ) Coleman Hefner Moakley Bliley Cunningham Frelinghuysen Collins (IL) Hilliard Montgomery Ensign McCollum Wamp Everett McCrery Weldon (FL) Blute Danner Frost Collins (MI) Hinchey Moran Boehlert Davis Funderburk Condit Holden Murtha Ewing McDade Weldon (PA) Fawell McHugh Weller Boehner de la Garza Furse Conyers Hoyer Nadler Bonilla Deal Ganske Costello Jackson (IL) Neal Fields (TX) McInnis White Flanagan McIntosh Whitfield Bonior DeFazio Gejdenson Coyne Jackson-Lee Obey Bono DeLauro Gekas Cramer (TX) Olver Foley McKeon Wicker Forbes Metcalf Wolf Boucher DeLay Gephardt Cummings Jacobs Orton Brewster Deutsch Geren Danner Jefferson Owens Fowler Meyers Young (AK) Fox Mica Young (FL) Browder Diaz-Balart Gilchrest de la Garza Johnson (SD) Pallone Brownback Dickey Gillmor DeFazio Johnson, E. B. Pastor Franks (CT) Miller (FL) Zeliff Franks (NJ) Mollohan Zimmer Bryant (TN) Dooley Gilman DeLauro Johnston Payne (NJ) Bunning Doolittle Gonzalez Dellums Kanjorski Payne (VA) NOT VOTING—25 Burr Dornan Goodlatte Deutsch Kaptur Pelosi Burton Doyle Goodling Dicks Kennedy (MA) Peterson (MN) Baesler Coburn Gallegly Buyer Dreier Gordon Dingell Kennedy (RI) Pickett Bunn Durbin Gutierrez Callahan Duncan Goss Dixon Kennelly Pomeroy Clinger Frisa Harman H5356 CONGRESSIONAL RECORD — HOUSE May 21, 1996 Graham Lofgren Roth NOT VOTING—24 Emerson King Rangel Green (TX) Longley Roukema Engel Kleczka Reed Baesler Harman Molinari Greene (UT) Lowey Royce English Klug Regula Bunn Kingston Oberstar Greenwood Manton Salmon Ensign Knollenberg Richardson Clinger Klink Ortiz Gunderson Manzullo Sanders Eshoo Kolbe Riggs Coburn Largent Peterson (FL) Gutknecht Martinez Saxton Evans LaFalce Durbin Lucas Rohrabacher Rivers Hall (OH) Martini Scarborough Everett LaHood Frisa Maloney Smith (MI) Roberts Hall (TX) Mascara Schaefer Ewing Lantos Gallegly McDermott Torres Roemer Hamilton McCollum Schiff Farr Largent Gutierrez McNulty Watts (OK) Ros-Lehtinen Hancock McCrery Schumer Fattah Latham Rose Hansen McDade Seastrand b 1935 Fawell LaTourette Roth Hastert McHugh Sensenbrenner Fazio Laughlin Roukema Hastings (WA) McInnis Shadegg The Clerk announced the following Fields (LA) Lazio Roybal-Allard Hayes McIntosh Shaw pairs: Fields (TX) Leach Royce Hayworth McKeon Shuster Filner Levin Rush Sisisky Hefley McKinney On this vote: Flake Lewis (CA) Sabo Skeen Hefner Menendez Mr. Ortiz for, with Ms. Harman against. Flanagan Lewis (GA) Salmon Skelton Heineman Metcalf Foglietta Lewis (KY) Sanders Smith (NJ) Mr. Clinger for, Mr. Klink against. Herger Meyers Foley Lightfoot Sanford Hilleary Mica Smith (TX) Mr. Kingston for, Mr. Oberstar against. Forbes Lincoln Sawyer Hinchey Miller (FL) Solomon Ms. LOFGREN changed her vote from Ford Linder Saxton Hobson Mink Spence Fowler Lipinski Schaefer Hoke Montgomery Spratt ‘‘nay’’ to ‘‘yea.’’ Fox Livingston Schiff Holden Moorhead Stearns So the bill was passed. Franks (CT) LoBiondo Schroeder Horn Myers Stockman The result of the vote was announced Franks (NJ) Lofgren Hostettler Myrick Stump Schumer as above recorded. Frelinghuysen Longley Scott Hunter Nethercutt Stupak Frost Lowey Hutchinson Ney Talent A motion to reconsider was laid on Seastrand Funderburk Lucas Sensenbrenner Hyde Norwood Tanner the table. Furse Luther Inglis Nussle Tate Serrano f Ganske Manton Shadegg Istook Obey Tauzin Gejdenson Manzullo Taylor (MS) Shaw Jackson-Lee Olver Gekas Markey Taylor (NC) Shays (TX) Orton TENTH ANNIVERSARY OF Gephardt Martinez Tejeda Shuster Jefferson Oxley Geren Martini Thomas CHORNOBYL NUCLEAR DISASTER Sisisky Johnson (CT) Packard Gilchrest Mascara Thornberry Skaggs Johnson (SD) Pallone The SPEAKER pro tempore (Mr. Gillmor Matsui Thornton Skeen Johnson, Sam Parker A OOD Gilman McCarthy Thurman L H ). The pending business is the Skelton Jones Pastor Gonzalez McCollum Kasich Paxon Tiahrt question of suspending the rules and Slaughter Goodlatte McCrery Kelly Payne (NJ) Torkildsen Smith (NJ) agreeing to the concurrent resolution, Goodling McDade Kildee Peterson (MN) Torricelli Smith (TX) House Concurrent Resolution 167. Gordon McHale Kim Petri Traficant Smith (WA) Goss McHugh King Pombo Upton The Clerk read the title of the con- Graham McInnis Solomon Kleczka Pomeroy Volkmer current resolution. Green (TX) McIntosh Souder Knollenberg Portman Vucanovich The SPEAKER pro tempore. The Greene (UT) McKeon Spence Kolbe Poshard Walker question is on the motion offered by Greenwood McKinney Spratt LaFalce Pryce Walsh Gunderson Meehan Stark LaHood Quillen Wamp the gentleman from New York [Mr. Gutierrez Meek Stearns Latham Quinn Ward GILMAN], that the House suspend the Gutknecht Menendez Stenholm LaTourette Radanovich Weldon (FL) rules and agree to the concurrent reso- Stockman Laughlin Ramstad Weldon (PA) Hall (OH) Metcalf lution, House Concurrent Resolution Hall (TX) Meyers Stokes Lazio Reed Weller Studds Whitfield Hamilton Mica Lewis (CA) Regula 167, on which the yeas and nays are or- Stump Wicker Hancock Millender- Lewis (KY) Richardson dered. Stupak Wynn Hansen McDonald Lightfoot Riggs This is a 5-minute vote. Talent Lincoln Roberts Young (AK) Hastert Miller (CA) Tanner Linder Roemer Young (FL) The vote was taken by electronic de- Hastings (FL) Miller (FL) Tate Lipinski Rogers Zeliff Hastings (WA) Minge vice, and there were—yeas 404, nays 0, Tauzin Livingston Ros-Lehtinen Zimmer Hayes Mink not voting 29, as follows: Taylor (MS) LoBiondo Rose Hayworth Moakley [Roll No. 183] Hefley Mollohan Taylor (NC) Hefner Montgomery Tejeda NAYS—108 YEAS—404 Heineman Moorhead Thomas Barrett (WI) Jacobs Rahall Abercrombie Brewster Conyers Herger Moran Thompson Becerra Johnson, E. B. Rangel Ackerman Browder Cooley Hilleary Morella Thornberry Beilenson Johnston Rivers Allard Brown (CA) Costello Hilliard Murtha Thornton Berman Kanjorski Roybal-Allard Andrews Brown (FL) Cox Hinchey Myers Thurman Borski Kaptur Rush Archer Brown (OH) Coyne Hobson Myrick Tiahrt Brown (CA) Kennedy (MA) Sabo Armey Brownback Cramer Hoekstra Nadler Torkildsen Brown (FL) Kennedy (RI) Sanford Bachus Bryant (TN) Crane Hoke Neal Torricelli Brown (OH) Kennelly Sawyer Baker (CA) Bryant (TX) Crapo Holden Nethercutt Towns Bryant (TX) Klug Schroeder Baker (LA) Bunn Cremeans Horn Neumann Traficant Campbell Lantos Scott Baldacci Bunning Cubin Hostettler Ney Upton Cardin Leach Serrano Ballenger Burr Cummings Houghton Norwood Velazquez Clay Levin Shays Barcia Burton Cunningham Hoyer Nussle Vento Clayton Lewis (GA) Skaggs Barr Buyer Danner Hunter Obey Visclosky Clyburn Luther Slaughter Barrett (NE) Calvert Davis Hutchinson Olver Volkmer Collins (IL) Markey Smith (WA) Barrett (WI) Camp de la Garza Hyde Orton Vucanovich Collins (MI) Matsui Souder Bartlett Campbell Deal Inglis Owens Walker Conyers McCarthy Stark Barton Canady DeFazio Istook Packard Walsh Costello McHale Stenholm Bass Cardin DeLauro Jackson (IL) Pallone Wamp Coyne Meehan Stokes Bateman Castle DeLay Jackson-Lee Parker Ward Dellums Meek Studds Becerra Chabot Dellums (TX) Pastor Dicks Millender- Thompson Beilenson Chambliss Deutsch Jacobs Paxon Waters Dingell McDonald Towns Bentsen Chapman Diaz-Balart Jefferson Payne (NJ) Watt (NC) Dixon Miller (CA) Velazquez Bereuter Chenoweth Dickey Johnson (CT) Payne (VA) Waxman Doggett Minge Vento Berman Christensen Dicks Johnson (SD) Pelosi Weldon (FL) Ehlers Moakley Visclosky Bevill Chrysler Dingell Johnson, E. B. Peterson (MN) Weller Fattah Mollohan Waters Bilbray Clay Dixon Johnson, Sam Pickett White Flake Moran Watt (NC) Bilirakis Clayton Doggett Johnston Pombo Whitfield Foglietta Morella Waxman Bishop Clement Dooley Jones Pomeroy Wicker Ford Murtha White Bliley Clyburn Doolittle Kanjorski Porter Wise Frank (MA) Nadler Williams Blute Coble Dornan Kaptur Portman Wolf Gibbons Neal Wilson Boehlert Coburn Doyle Kasich Poshard Woolsey Hastings (FL) Neumann Wise Boehner Coleman Dreier Kelly Pryce Wynn Hilliard Owens Wolf Bonilla Collins (GA) Duncan Kennedy (MA) Quillen Yates Hoekstra Payne (VA) Woolsey Bonior Collins (IL) Dunn Kennedy (RI) Quinn Young (AK) Houghton Pelosi Yates Bono Collins (MI) Edwards Kennelly Radanovich Young (FL) Hoyer Pickett Borski Combest Ehlers Kildee Rahall Zeliff Jackson (IL) Porter Boucher Condit Ehrlich Kim Ramstad Zimmer May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5357 NOT VOTING—29 mittee on Intelligence. After general debate ing a situation in which CIA was forced Baesler Klink Rogers the bill shall be considered for amendment to make double-payments. Section 401 Callahan Maloney Rohrabacher under the five-minute rule. It shall be in of the bill makes clear legislative au- Clinger McDermott Scarborough order to consider as an original bill for the thority for the CIA to enter into Durbin McNulty Smith (MI) purpose of amendment under the five-minute Frank (MA) Molinari Torres rule the amendment in the nature of a sub- multiyear leases of not more than 15 Frisa Oberstar Watts (OK) stitute recommended by the Permanent Se- years. These provisions are not consid- Gallegly Ortiz Weldon (PA) ered controversial nor do they cause Gibbons Oxley Williams lect Committee on Intelligence now printed Harman Peterson (FL) Wilson in the bill. The committee amendment in the serious budget problems, according to Kingston Petri nature of a substitute shall be considered by CBO. The rule provides for 1 hour of title rather than by section. The first section general debate and makes in order the b 1944 and each title shall be considered as read. amendment in the nature of a sub- So the concurrent resolution was Points of order against the committee stitute now printed in the bill as the agreed to. amendment in the nature of a substitute for base text for amendment under the failure to comply with clause 7 of rule XVI, The result of the vote was announced clause 5(b) of rule XXI, or section 302(f) or five-minute rule. The bill shall be con- as above recorded. 401(a) of the Congressional Budget Act of 1974 sidered by title and shall be considered A motion to reconsider was laid on are waived. No amendment to the committee as read. The rule waives section 302(f) the table. amendment in the nature of a substitute and section 401(a) of the budget act f shall be in order unless printed in the por- against the committee substitute, for tion of the Congressional Record designated the reasons I have already described. PERSONAL EXPLANATION for that purpose in clause 6 of rule XXIII. The rule also waives clause 7 of rule The Chairman of the Committee of the Mr. WATTS of Oklahoma. Mr. Speak- XVI, the so-called germaneness rule, Whole may postpone until a time during fur- and clause 5(b) of rule XXI, which pro- er, due to my plane being grounded as ther consideration in the Committee of the a result of stormy weather, I was de- Whole a request for a recorded vote on any hibits consideration of legislation con- tained for more than 3 hours. Unfortu- amendment. The Chairman of the Commit- taining revenue provisions if not con- nately I missed the vote on H.R. 3415, a tee of the Whole may reduce to not less than sidered by the Ways and Means Com- bill repealing the 4.3 cent increase in five minutes the time for voting by elec- mittee. The germaneness waiver is nec- transportation motor fuels excise tax. tronic device on any postponed question that essary because the committee amend- Had I been present, I would have voted immediately follows another vote by elec- ment in the nature of a substitute is tronic device without intervening business, ‘‘aye’’ on rollcall vote No. 182, ‘‘aye’’ on broader in scope than the original bill, provided that the time for voting by elec- including provisions to improve our in- rollcall vote No. 180, and ‘‘no’’ on roll- tronic device on the first in any series of call vote No. 181. I also would have questions shall be not less than fifteen min- telligence systems in light of lessons voted ‘‘aye’’ on rollcall vote No. 183, a utes. At the conclusion of consideration of learned from the Aldrich Ames case bill recognizing the 10th anniversary of the bill for amendment the Committee shall and to ensure proper congressional the Chernobyl nuclear disaster. rise and report the bill to the House with oversight over the expenditure of funds Mr. KINGSTON. Mr. Speaker, be- such amendments as may have been adopted. for personnel reforms. These are impor- cause of inclement weather, I was un- Any Member may demand a separate vote in tant additions to the annual intel- the House on any amendment adopted in the avoidably absent for votes today. If the ligence authorization process that de- Committee of the Whole to the bill or to the serve Members’ careful review and sup- plane could have landed at the sched- committee amendment in the nature of a uled time, I would have been present to substitute. The previous question shall be port. The ways and means waiver is vote ‘‘yes’’ on ordering the previous considered as ordered on the bill and amend- necessary because of a technical 1-year question on H.R. 3415, ‘‘no’’ on the mo- ments thereto to final passage without inter- extension in the bill of the application tion to recommit on H.R. 3415, ‘‘yes’’ vening motion except one motion to recom- of sanctions laws to intelligence activi- on final passage on H.R. 3415, and ‘‘yes’’ mit with or without instructions. ties. on House Concurrent Resolution 167. The SPEAKER pro tempore (Mr. Mr. Speaker: this rule is basically an open rule, meaning that all germane f LAHOOD). The gentleman from Florida [Mr. GOSS] is recognized for 1 hour. amendments that pass muster under b 1945 Mr. GOSS. Mr. Speaker, for purposes the standing rules of the House may be of debate only, I yield the customary 30 offered. We have included a pre-print- PROVIDING FOR CONSIDERATION minutes to the gentleman from Califor- ing requirement, however, at the re- OF H.R. 3259, INTELLIGENCE AU- nia [Mr. BEILENSON], pending which I quest of the Intelligence Committee THORIZATION ACT FOR FISCAL yield myself such time as I may because of the sensitive nature of this YEAR 1997 consume. During consideration of this legislation and a very real concern Mr. GOSS. Mr. Speaker, by direction resolution, all time yielded is for the about protecting classified informa- of the Committee on Rules, I call up purpose of debate only. tion. I’d like to respond briefly to a dis- House Resolution 437 and ask for its (Mr. GOSS asked and was given per- cussion we had in the Rules Committee immediate consideration. mission to revise and extend his re- with the distinguished ranking member The Clerk read the resolution, as fol- marks and to include extraneous mate- of the Intelligence Committee, Mr. lows: rial.) DICKS, about the timing of floor consid- H. RES. 437 Mr. GOSS. Mr. Speaker House Reso- eration of this bill. I share Mr. DICKS Resolved, That at any time after the adop- lution 437 is a modified open rule that interest in ensuring that Members who tion of this resolution the Speaker may, pur- provides for the consideration of H.R. wish to have the opportunity to review suant to clause 1(b) of rule XXIII, declare the 3259, the Intelligence Authorization the classified annex to this bill, and we House resolved into the Committee of the Act for fiscal year 1997. The rule waives have done what we can to provide that Whole House on the state of the Union for sections 302(f), 308(a) and 401(a) of the opportunity. Mr. DICKS should be consideration of the bill (H.R. 3259) to au- budget act against consideration of the pleased to note that there was a pro- thorize appropriations for fiscal year 1997 for bill. These waivers pertain to: An ex- forma schedule in the House yesterday intelligence and intelligence-related activi- ties of the United States Government, the cess above a committee’s allocation of and Members may file amendments in Community Management Account, and the new entitlement authority; the nec- today’s CONGRESSIONAL RECORD as well. Central Intelligence Agency Retirement and essary cost-estimate paperwork on this We have attempted to accommodate all Disability System, and for other purposes. new entitlement authority; and con- Members in this process, while adher- The first reading of the bill shall be dis- tract authority not previously subject ing to a very tight legislative schedule pensed with. Points of order against consid- to appropriation. The waivers are need- we must keep if we are to conclude all eration of the bill for failure to comply with ed because of provisions in two sections of our business before our target ad- section 302(f), 308(a), or 401(a) of the Congres- of H.R. 3259. Section 402 of the bill re- journment in early October. Finally, sional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall peals the surcharge associated with the rule allows the Chairman of the not exceed one hour equally divided and con- CIA employees who receive a voluntary Committee of the Whole to postpone trolled by the chairman and ranking minor- separation incentive payment in fiscal votes during consideration of the bill ity member of the Permanent Select Com- year 1998 and fiscal year 1999, correct- and to reduce to 5 minutes a vote on a H5358 CONGRESSIONAL RECORD — HOUSE May 21, 1996 postponed question if the vote follows a Intelligence, where it is, indeed, fortu- Persian Gulf, and the Soviet Union was 15-minute vote. It also provides for the nate, I would tell my colleagues, to still very much in existence. traditional motion to recommit with have someone with Mr. GOSS’ hands-on There may be compelling reasons or without instructions. experience in intelligence activities why funding for intelligence programs Mr. Speaker, as a member of the serving on the committee that oversees has declined only marginally since the House Permanent Select Committee on the intelligence community. end of the cold war. We look forward to Intelligence, I am proud to bring this Mr. Speaker, we support this modi- hearing them during general debate. bill to the House and I would like to fied open rule for H.R. 3259, the Intel- In fairness, however, I would note commend Chairman COMBEST for his ligence Authorization Act for fiscal that reservations expressed by Demo- leadership and his thorough efforts to year 1997. crats in the committee report have to provide us with detailed commentary Our only concern about the rule, and do primarily with the ways in which about the bill. Developing a blueprint it’s only a modest concern, is the funds are allocated in the bill, rather for our Nation’s intelligence capabili- preprinting requirement, which we are than the total amount authorized. I ties is an extraordinarily difficult task. not convinced is needed. The chairman simply think that we want to be sure Having assisted in two separate, exten- of the committee, the gentleman from that intelligence programs and activi- sive reviews of this subject matter in Texas, [Mr. COMBEST], testified before ties are being subjected to the same the past 2 years, and having spent a the Committee on Rules that he felt it level of scrutiny as are other functions chunk of my life working within the was necessary to review amendments of the Federal Government. intelligence community, I am keenly before they were debated in order to Obviously, spending for markedly dif- aware of the complexity and the avoid the possibility of having to deal ferent purposes does not always invite breadth of issues that confront us as we with sensitive matters without ade- meaningful comparisons but it is im- look to the next century and evaluate quate notice. portant, given the budgetary con- our intelligence capabilities and needs. We were especially concerned, may I straints we face, that we insist that na- H.R. 3259 provides a responsible balance say, that the requirement left an inad- tional security programs be sized to re- of adequate resources and careful con- equate amount of time for Members to spond to real, rather than imaginary gressional oversight to ensure that our study the bill, and that it might have threats. national decisionmakers have accu- precluded the offering of some amend- b 2000 rate, timely and objective information ments—and might have meant that with which to assess threats and oppor- others were drafted hastily and im- Only in that way can we assure our- tunities in this ever-changing world. properly to meet the deadline. selves and our constituents that we are An inherent problem with the intel- The bill was reported May 16, the being uniformly vigorous in reviewing ligence field is that public information same day the Rules Committee heard all of the budgets submitted to us. which could serve to build a constitu- testimony on it. Members may recall The bill does provide funding, al- ency for its missions is generally that, in previous years, we have had though not so much as the President skewed. Americans hear most about more time following the committee’s requested, for the Environmental Intel- things that go wrong in the intel- report of the legislation to study the ligence and Applications Program, the ligence world. In fact, one of the char- classified annex as well as the non- so-called EIAP, which, among other acteristics of successes in this arena is classified portion of the legislation. things, evaluates data collected by na- that you generally don’t hear about Last year, in fact, the legislation was tional technical means for their utility them, because a success usually means available for over 2 months compared for the scientific study of the environ- we were able to prevent something bad to the 3 legislative days this year’s bill ment. from happening in the first place. I was available to Members before floor Mr. Speaker, the EIAP has been know Americans—who have an instinc- action. strongly supported by the U.S. Navy tive appreciation for openness and sun- Nonetheless, the requirement is in and in many ways is a model for the shine and I come from the Sunshine the rule and since nearly a dozen kinds of nontraditional use to which State where, indeed, we do have the amendments have been filed, we as- classified as well as declassified intel- sunshine law. Americans sometimes sume that Members have been able to ligence data can be put. find it frustrating to hear about classi- adjust to its requirements. Among the amendments which may fied briefings and secret missions. But Mr. Speaker, the rule does provide be offered to the bill is one which the world is a dangerous place, and the several waivers of House rules against would strengthen the existing policy fact is that we rely on information and the bill and against its consideration, against the use of journalists as intel- data that can’t always be gathered in as the gentleman from Florida men- ligence agents. This is an issue which an overt way. It is the task of our in- tioned. The ranking minority member deserves to be carefully considered by telligence services—and each member of the Intelligence Committee, the gen- the Congress in an effort to determine of Congress—to convince Americans tleman from Washington [Mr. DICKS] whether a blanket prohibition better that we are earning the trust that we did not object to the waivers. They are serves the national interest than some ask them to place in us. Once again I reasonable waivers, and we do not op- variation of the current CIA regula- commend Chairman COMBEST for his pose them. tions which do not permit the use of work in pursuing that important goal. We are concerned about several pro- journalists as agents except in extraor- I think H.R. 3259 deserves the support visions in the bill, which were outlined dinary circumstances when the direc- of this House. in the minority’s dissenting views, in- tor of central intelligence determines Mr. Speaker, I reserve the balance of cluding those dealing with funding lev- that national security so requires. my time. els. Mr. Speaker, to repeat, we support Mr. BEILENSON. Mr. Speaker, I Funding levels in the bill exceed by this open rule. We urge our colleagues yield myself such time as I may about 4, 5, and 6.5 percent, respectively, to approve it so that we may proceed consume, and I thank my friend, the the amounts requested by the Presi- tomorrow with consideration of the in- gentleman from Florida [Mr. GOSS], for dent, authorized, and appropriated in telligence authorization legislation. yielding the customary half-hour of de- fiscal year 1996. Mr. Speaker, having no further re- bate time to me. At the level recommended by the quests for time, I reserve the balance of Mr. Speaker, may I say at the outset bill, the intelligence authorization for my time. that I subscribe wholeheartedly to the fiscal year 1997 would be only about 1.4 Mr. GOSS. Mr. Speaker, I yield my- wise words that my colleague from percent less than was authorized for self such time as I may consume. Florida just uttered. Let me also take fiscal year 1991, the last year this Mem- I will advise the gentleman from a moment at the outset to compliment ber had the privilege of chairing the In- California that I do not think we have the gentleman from Florida for his telligence Committee. When the fiscal any speakers. Before the gentleman very able work not only on the Com- year 1991 bill was drafted, however, takes the floor again, may I just thank mittee on Rules but also as a member American troops were being deployed him for his very kind remarks and re- of the Permanent Select Committee on by the hundreds of thousands in the turn them. I think those newcomers to May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5359 this institution this year perhaps may under the preprinting rule. And while I are not supposed to talk about the spe- not know the gentleman’s distin- agree, I am not sure I am totally enam- cifics, but we also know that part of guished record as a member and chair- ored of the preprinting rule, it does the debate will be, should we talk man of the House Permanent Select give us that little extra measure, if about certain of the specifics. Committee on Intelligence and the ex- there is a security problem, at least to I think as we go along in this process traordinary service he has rendered vet it and try to get the debate in the we are going to have a very good de- this country, to say nothing of his ex- appropriate aura. bate this year. I totally agree with the traordinary capacity on the Committee Mr. Speaker, I also need to point out gentleman that we want to focus on on Rules and his contributions to the that, while I agree that we have to be the real threats, because there are proceedings in both the majority and sure we spend our tax dollars well, I am more than enough real threats for na- minority roles which he does so well. told that, since about 1990, that in Mr. Speaker, with regard to the re- terms of real spending, intelligence is tional security interest, and weed out marks that have been made about the down about 14 percent. I think that we the imaginary ones. I will join him in debates, we are going to have some in- have seen some significant cuts. that effort, of course. teresting debate. In fact, better than a It is hard for me to say specifically Mr. Speaker, I include for the dozen amendments have been filed what they are; because we all know we RECORD the following information: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103RD CONGRESS V. 104TH CONGRESS [As of May 21, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified Open 2 ...... 46 44 69 59 Modified Closed 3 ...... 49 47 30 26 Closed 4 ...... 9 9 18 15 Total ...... 104 100 117 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of May 21, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H5360 CONGRESSIONAL RECORD — HOUSE May 21, 1996 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of May 21, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 261 (11/9/95) ...... C ...... H.J. Res. 115 ...... Cont. Resolution ...... A: 223–182 (11/10/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 229–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands. H. Res. 309 (12/18/95) ...... C ...... H.Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... MC ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/21/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/20/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... O ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... PQ: 219–203 A: voice vote (5/1/96). H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... A: 422–0 (5/1/96). H. Res. 421 (5/2/96) ...... O ...... H.R. 2974 ...... Crimes Against Children & Elderly ...... A: voice vote (5/7/96). H. Res. 422 (5/2/96) ...... O ...... H.R. 3120 ...... Witness & Jury Tampering ...... A: voice vote (5/7/96). H. Res. 426 (5/7/96) ...... O ...... H.R. 2406 ...... U.S. Housing Act of 1996 ...... PQ: 218–208 A: voice vote (5/8/96). H. Res. 427 (5/7/96) ...... O ...... H.R. 3322 ...... Omnibus Civilian Science Auth ...... A: voice vote (5/9/96). H. Res. 428 (5/7/96) ...... MC ...... H.R. 3286 ...... Adoption Promotion & Stability ...... A: voice vote (5/9/96). H. Res. 430 (5/9/96) ...... S ...... H.R. 3230 ...... DoD Auth. FY 1997 ...... A: 235–149 (5/10/96). H. Res. 435 (5/15/96) ...... MC ...... H. Con. Res. 178 ...... Con. Res. on the Budget, 1997 ...... PQ: 227–196 A: voice vote (5/16/96). H. Res. 436 (5/16/96) ...... C ...... H.R. 3415 ...... Repeal $4.3 cent fuel tax ...... PQ: 221–181 A: voice vote (5/21/96). H. Res. 437 (5/16/96) ...... MO ...... H.R. 3259 ...... Intell. Auth. FY 1997 ...... H. Res. 438 (5/16/96) ...... MC ...... H.R. 3144 ...... Defend America Act ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. BEILENSON. Mr. Speaker, I Charlie R. Hillard, a world-renowned he became the first American ever to thank the gentleman for his kind com- aerobatic pilot and longtime business win the world aerobatic title. Charlie ments, and I yield back the balance of and civic leader, died at the age of 58, won four gold medals in the Olympics my time. in an aviation accident in Lakeland, of the Air, received the International Mr. GOSS. Mr. Speaker, I yield back FL. Council of Air Shows Award of Excel- the balance of my time, and I move the Charlie Hillard loved to fly. When he lence, was a member of the Inter- previous question on the resolution. was only 10 years old, he cleaned cars national Aerobatic Hall of Fame and The previous question was ordered. at his father’s automobile dealership the Fort Worth Aviation Hall of Fame. The resolution was agreed to. for $10 a week, saving enough money to In his prime, he was the best in the A motion to reconsider was laid on begin taking flying lessons by the time world—the best in the world. the table. he turned 15. During his freshman year And, he loved everything about fly- f at Georgia Tech, Charlie, purchased his ing. He worked as an aircraft designer, first airplane, and the rest, as they say, test pilot, exhibition pilot, movie stunt SPECIAL ORDERS is history. pilot, and leader of the world famous The SPEAKER pro tempore (Mr. From his youngest days, he seemed Eagle Aerobatic Team, flying with LAHOOD). Under the Speaker’s an- more at home in the air than on the Tom Poberenzy and Gene Soucy. The nounced policy of May 12, 1995, and ground. Charlie took up skydiving at Eagles flew more than 1,000 exhibitions under a previous order of the House, age 18 and soon earned a place on the worldwide over 25 years. Charlie him- the following Members will be recog- U.S. Skydiving Team. In 1958 he placed self performed in over 180 different air- nized for 5 minutes each. second at the famed Coupe du Monde in craft over four decades. f Paris. That same year, he became the Charlie had only recently began a ca- first person in the United States to reer as a solo aerobatic pilot. At the REMEMBERING CHARLIE HILLARD pass a baton to another person in time of his death, he was flying the The SPEAKER pro tempore. Under a freefall. Lone Star Fury, a high-performance previous order of the House, the gen- But precision flying was his passion World War II fixed-wing monoplane. tleman from Texas, Mr. PETE GEREN, is and where Charlie made his mark on The Fury saw most of its wartime ac- recognized for 5 minutes. the world. He gave up skydiving to de- tion in Korea, and was the first air- Mr. PETE GEREN of Texas. Mr. vote his energies to flying and he plane to shoot down a Russian MiG–15 Speaker, on April 16, Forth Worth, TX, soared. During his career he not only jet. lost one of our most beloved and ad- won the U.S. National Championship Charlie gave much to aviation, but mired citizens and the world of avia- but also represented the United States he also contributed significantly to the tion lost one of its heroes. in four world championships. In 1972, automotive industry as an innovative May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5361 businessman. He expanded his family how the tremendous efforts our men The SPEAKER pro tempore. Under a automobile dealership from a single and women in the Marine Corps can previous order of the House, the gen- Ford franchise to one of the most suc- and will be increased with the support tleman from Mississippi [Mr. WICKER] cessful auto parks in the country. The of adequate defense dollars. is recognized for 5 minutes. Hillard dealerships have won nearly Just last week, the House made a [Mr. WICKER addressed the House. every customer satisfaction award in step in the right direction by passing His remarks will appear hereafter in the industry for each of the franchises H.R. 3230, the Defense Authorization the Extensions of Remarks.] Act for fiscal year 1997. The bill stems they represent. f He also was a community leader, the tide of the administration cuts The SPEAKER pro tempore. Under a lending his considerable energy and that would have weakened our national previous order of the House, the gen- talent to numerous civic causes. security, and placed our men and tleman from Puerto Rico [Mr. ROMERO- But to recall only his lifetime of pub- women in uniform at increased risk. I BARCELO´ ] is recognized for 5 minutes. lic accomplishments misses a huge would like to commend Chairman ´ part of Charlie. He was loved by so SPENCE for carefully crafting a biparti- [Mr. ROMERO-BARCELO addressed many friends and family, and gave love san bill that achieves four fundamental the House. His remarks will appear generously in return. He was a devoted goals: hereafter in the Extensions of Re- husband and father, leaving behind his First, we promised to improve the marks.] wife Doreen and four children. We join quality of life for our military person- f them in celebrating the life of a truly nel and their families. A number of critically important provisions in this TRIBUTE TO ADMIRAL MIKE remarkable man and mourning his un- BOORDA timely death. bill such as the 3 percent pay raise, the To Doreen and all the children, we increase in military housing allowance The SPEAKER pro tempore. Under a say thank you for sharing his life with by 50 percent over the President’s previous order of the House, the gen- us. We are all better for having known budget, the funding of troop barracks tleman from Virginia [Mr. BATEMAN] is Charlie R. As race car legend Johnny and child care centers, goes a long way recognized for 5 minutes. Rutherford said at the funeral, he left to maintain a decent quality of life, for Mr. BATEMAN. Mr. Speaker, earlier a special footprint on the hearts of us our all-volunteer military. today we said a sad farewell to one of Second, we promised to sustain short all. the best our Nation has to offer. I know and long-term readiness. Despite funds Charlie R. soared. Mike Boorda was a friend, a very spe- added by Congress last year to main- f cial friend. Last Thursday our col- tain minimum readiness levels, and the league from Mississippi, General MONT- DEFENSE ISSUES high pace of ongoing military oper- GOMERY, spoke of him as a brother. I The SPEAKER pro tempore. Under a ations around the world, the President too regarded Mike Boorda as a brother. previous order of the House, the gen- suggested reductions in a variety of No one outside my immediate family tleman from North Carolina [Mr. readiness accounts, below current has touched my life more than he. spending levels. Despite the adminis- JONES] is recognized for 5 minutes. When I first met Mike Boorda, he was Mr. JONES. Mr. Speaker, while the tration’s proposed cuts, H.R. 3230 has newly assigned as chief of naval per- cold war may be over, U.S. security in- recommended an increase of $1.6 billion sonnel, and I was the ranking member terests endure. Unfortunately, many in key readiness accounts to ensure of the military personnel subcommit- Americans do not fully appreciate this U.S. military preparedness. tee of the House Armed Services Com- Third, the National Security Author- new dynamic. Indeed it is difficult to mittee. I came to know firsthand the ization Act for fiscal year 1997 address- understand how emerging threats, may depth of his commitment to the Navy es the growing modernization short- challenge future U.S. global interests. and his abiding devotion to the people falls that have resulted from a decade- Some examples are very clear: Chi- who make our Navy the greatest Navy long, 80 percent decline in real dollars na’s rise to power is increasingly in the world. in procurement spending. The Presi- marked by military posturing and co- Much has been and will be written dent’s fiscal year 1997 procurement about Mike Boorda and the tragedy his ercive diplomacy in the Pacific rim. An budget is the lowest in 50 years, and is death represents. I cannot begin to un- unstable and fragmented Russia turns a frightening $5 billion lower than the derstand the totality of what was in- to aggressive nationalism to hold itself Pentagon planned just one year ago. volved in producing this tragedy. There together. Economic ruin, ethnic vio- This bill therefore devotes the bulk of are some things I do know, however, lence, terrorism, and the proliferation the spending increases recommended in because it was my privilege to know of weapons of mass destruction pose se- H.R. 3230 to procurement. This will Mike Boorda. As a frank, honest, rious threats to international stability. shore-up a dramatically downsized in- straightforward witness and as an ad- We have asked our soldiers, sailors, dustrial base, by adding funds to a airmen, and Marines to protect our number of under- and unfunded pro- vocate for a better life for the people country and its vital national security grams. who make up our armed forces, the interests, in this evolving inter- And fourth, we have continued our most respected segment of our society, national environment. Our military is efforts to create a more agile and com- he was superb. our first, and often our last line of de- petitive defense management struc- From personal experience I know him fense and we must be prepared to pro- ture, by continuing to reorganize and to care enough to find time in an in- vide it with the technological edge to reduce our defense bureaucracy. credibly busy schedule to focus on indi- defeat any enemy on any battlefield. Mr. Speaker, this bill is consistent vidual personnel problems. He did so to I must remind my colleagues that with the Contract With America. It is insure that fairness was done to a the battlefield of the future has little consistent with our goals of achieving member of the Navy family whom he resemblance to the battlefield of the a balanced budget by 2002; and we can believed had not been dealt with justly. past. Information warfare, wide avail- do it the right way—not on the backs Much has been said about the V in- ability of commercial off-the-shelf of the men and women who serve in our signia he wore for a time in his decora- technology, and the proliferation of military. tions he pinned on his chest. I claim no highly capable weapons systems, all f expertise on the subject of military contribute to a rapid evolution, in decorations and insignia. The only b military tactics and doctrine. 2015 decoration I am sure I received after Understanding how these new con- The SPEAKER pro tempore. Under a my service in the Air Force during the flicts and demands are burdening our previous order of the House, the gen- Korean conflict was a Good Conduct services is difficult to do from an arms tleman from Illinois [Mr. LIPINSKI] is Medal. What I do know is that Mike length distance here in Washington. recognized for 5 minutes. Boorda would never, never seek to dis- So last Friday I went down to my [Mr. LIPINSKI addressed the House. semble or pose as that which he was district and spent time at Camp His remarks will appear hereafter in not. I not only do not know, I am not Lejeune. It was an opportunity to see the Extensions of Remarks.] interested in pursuing, the arcane H5362 CONGRESSIONAL RECORD — HOUSE May 21, 1996 question of was he or was he not tech- ‘‘Such men have, down through the ages, is payback time. The Navy, its carriers and nically entitled to wear a V on his rib- chosen to fall on their swords rather than its aviators did indeed have a very high pro- bons under the terms of military regu- dishonor their comrades. Today, the tech- file in the Reagan years, and as the movie lations in effect at some point in time. nology may have changed, but the passion ‘‘Top Gun’’ illustrated, naval aviators are remains. not known for great humility. Many out- Also I am not interested in whether a ‘‘We don’t know what brought him to yes- siders resented their bonuses, their glamour former chief of naval operations was terday’s terrible decision. and their publicity and were glad to see officially empowered to authorize the ‘‘We can be sure that it was generated, at Tailhook cut them down a few pegs. When wearing of a V for all Navy personnel least in part, by our society’s appetite for the story broke in the middle of a presi- involved in combat operations during gossip, and scandal. dential campaign in which the gender gap the Vietnam war. ‘‘And, like any appetite that is indulged to was already an issue, it was sure to ignite. What I do know, because I knew Mike excess, it can have very unhealthy results, It was sure also to have faded after the and very costly ones. election but for the fact that the new presi- Boorda, is that he would not have ‘‘The death of this fine sailor is just such dent, who in his younger days said proudly knowingly put on his chest anything to a case.’’ that he ‘‘loathed’’ the military, brought in which he was not entitled to put there. Mr. Speaker, I now ask leave to have an administration staffed by former war pro- The Mike Boorda I knew did not dis- printed in the RECORD an editorial testers who largely shared the prejudices of semble. He was truthful, so respectful from the Wall Street Journal of today those in the anti-Navy lynch mob. Thus in- of doing what was right, that the idea stead of dying out, the firestorm grew, and an op-ed piece written by former fanned and encouraged at the highest level. that he could falsely proclaim himself Secretary of the Navy, John Lehman, a hero is unthinkable. The White House commissars of political respecting our dear and departed friend correctness began enforcing standards for Last Thursday, one of the most mis- Mike Boorda. military promotion. Attendance at erable days of my life, I could not come The articles referred to are as fol- Tailhook, regardless of behavior, became suf- to the floor of the House and talk lows: ficient to deny promotion. The Senate about the tragic end of Mike Boorda. [From the Wall Street Journal, Tuesday, Armed Services Committee and especially At that time, and based on the infor- May 21, 1996] its staff, full of Navy grudges and personal mation available, I just could not ac- scores to settle, joined in the persecution. THE NAVY’S ENEMIES Add to these factions the more extreme cept that my friend Mike Boorda, so (By John Lehman) full of energy and confidence, so sen- wings of the feminist and gay movements. In 1981 Capt. Jeremy ‘‘Mike’’ Boorda was They piled on because the Navy has epito- sitive to making life better for the sail- my acting assistant secretary for manpower. mized to them what they see as the ors of the United States Navy, could He was so effective and such an advocate for homophobic, macho culture of the military, have taken his life. sailors and their families that I pressed him and they see a great opportunity to bring it Dear Mike, a great poet spoke of one to stay permanently on my staff. But the down. who loved greatly but not wisely. You fleet was his life, and he pressed for orders Henry Kissinger used to say that even were so wise, so devoted, so consumed back to sea. One of his many creative solu- paranoids have some real enemies. This with duty, honoring country, that in tions in that period was a program of special adage aptly describes the Navy. There are your sense of duty and propriety you bonuses for aviators, who had been leaving important interest groups that wish to pull the Navy down. Take the organization that took extreme measures that were not the Navy in droves during the Carter years of naval decline. Mike was their advocate, we was sifting through Adm. Boorda’s records, wise or even reasonable, but it was all adopted his idea, and it worked. He was first the National Security News Service, part of out of your love for the Navy. a sailor; he only came ashore to champion the left-wing archipelago of tax-exempt From those of us that knew you and the sailors against the bureaucrats. He had think tanks. The talking heads from these knew your passion for protecting the ‘‘come up through the hawse pipe,’’ the first antidefense lobbies who are now attacking interest of the people who make up our enlisted sailor ever to become chief of naval the character of Navy leaders were the very armed services, you would never have operations. How such a great human being same talking heads who spent the 1980s ex- had to fear that we would not have de- could be brought to the point of ending his tolling the Soviet economy, blaming Amer- fended your honor. My confidence in life is a question of national magnitude. ica for the Cold War, and attacking the Reagan naval buildup. THE TAILHOOK FIRESTORM you and trust in your dedication to Throughout those years Newsweek, the duty, honoring country, make it so dif- No one gives credence to the trivial issue journal pursuing the recent story on Adm. ficult to either accept or understand of ribbons, which his Vietnam superior, Adm. Boorda, was ever a willing conduit for their the tragedy that took you from us. Elmo Zumwalt, says he earned in any case. bogus studies and mean-spirited attacks. It God bless you, Mike Boorda, and They may have been the final straw, but is not coincidental that the magazine pub- they were not the cause. With eerie parallels your loving family. lished one phony expose after another—alleg- to the death of former Navy Secretary James ing that Tomahawk missiles wouldn’t work, Mr. Speaker, I would like now to read Forrestal 47 years ago, Adm. Boorda was the brief remarks of Jim Kincaid, news that Aegis cruisers would tip over, that air- driven to his death by a relentless lynch mob craft carriers couldn’t survive; anything and anchor of WVEC–TV in Hampton, VA, that has hounded the U.S. Navy, especially everything that would discredit the U.S. concerning Mike Boorda and the trag- for the past five years. Navy. Newsweek’s entire editorial crusade of edy of his death. His words have great The triggering event was of course the the 1980s has been discredited by events. All meaning, and I quote them now. Tailhook convention of 1991. The reported those Navy programs did work, the Cold War sexual harassment was a shameful aberra- ‘‘When a person of great value leaves our was won, and Iraq was kicked out of Kuwait. tion by some, perhaps dozens of individuals. midst, particularly voluntarily . . . we usu- Now Newsweek’s editors seem bent on im- ally search for reasons . . . and we hardly But even the usual excesses of an annual pugning the character of the Navy’s leaders. ever find any that are really satisfactory. party which began at a time when hundreds They are sore losers indeed. ‘‘Admiral, Mike Boorda didn’t need to take of Tailhook members a year were being Add to the Navy begrudgers certain en- his own life . . . according to what we know killed in Vietnam, had become incompatible trenched bureaucrats in the Defense Depart- of him. with a peacetime Navy struggling to include ment. Their anti-Navy bias has permeated ‘‘Those of us who did know about him, and women aviators. What should have been at the Pentagon since before the Reagan era. his career, would not have thought any the most a week’s story instead ignited a They have been a steady source of tips to less of him if questions had been raised about firestorm that has been consuming the Navy witch-hunting journalists. They have also one or two of his military decorations. Par- ever since. used this period of Navy weakness to cancel ticularly those of us who know the dif- The Navy employs more than a million most of the modernization programs for ference. people, who perform their jobs all over the naval aviation: the A–12, the A6F, new en- ‘‘Whether he was entitled, technically, to world around the clock. Naturally, this gines for the F–14, and many others. Little wear a decoration for valor, his record plain- group reflects some of the failings of the pop- wonder the aircraft accident rate has sharply ly shows that he was a valorous man, as ulation at large. There will always be a few increased. brave as any of us, and far braver than most. bad actors and a lot of mistakes. Yet the As a result of this onslaught, 14 admirals ‘‘But, in a world where we seem to feel rates of crime, cheating, drug abuse and have now been cashiered and more than 300 that our heroes must be flawless, and where other misconduct are far lower in the Navy naval aviators have had their careers ended, a certain sort among us hunts for flaws like than in civilian institutions, as one has a all without even a semblance of due process. a bounty hunter after a bank robber, some right to expect. And the endless media ex- Thousands more are leaving the service in flaws will surface, even among the best of us. poses have revealed nothing that has not disgust. Fifty-three percent of postcommand And Mike Boorda was one of the best of us. happened in the other services in other aviator commanders resigned last year. ‘‘He was, through and through, a military times. These are the best of the best and won’t be man, a follower of the military code of duty, Why then has the Navy continued to be the replaceable for a generation, yet the inquisi- honor, country. center of the investigative media? Because it tion continues. Yes, terrible things happened May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5363 in Tailhook, and certainly those kinds of legendary Admiral Arthur’s promotion to woman from Ohio [Ms. KAPTUR] is rec- abuses have to be rooted out. But it is des- the Pacific Command fell through on Admi- ognized for 5 minutes. picable to abandon due process, the chain of ral Boorda’s watch. In an interview after he command and any sensible approach to fair- had agreed to pull the plug on the pro- [Ms. KAPTUR addressed the House. ness, ruining so many careers in the process. motion, the CNO said: ‘‘Certainly Stan Ar- Her remarks will appear hereafter in The Stan Arthur case is a classic example, thur is paying a penalty. And the country’s the Extensions of Remarks.] repealed hundreds of times at lesser and less paying a penalty. He’s not serving in a job f visible grades. He flew more than 300 combat where he would have been superb.’’ missions in Vietnam and led the Navy forces That incident is being revisited in the sui- The SPEAKER pro tempore. Under a in Desert Storm. An impeccable career. A cide’s aftermath. The Navy command with- previous order of the House, the gen- leader who really inspired young kids in the drew the nomination after Senator Dave tleman from Florida [Mr. MICA] is rec- service. He was asked as vice chief to review Durenberger, of all people, made Admiral Ar- ognized for 5 minutes. a decision denying a female helicopter pilot thur the target of feminists for supporting [Mr. MICA addressed the House. His her designation. He came to the conclusion an instructor’s decision that a female pilot remarks will appear hereafter in the that she could not meet the qualifications. was below standard and should not fly. In For that he was cashiered, because every- fact, the decision to wreck Admiral Arthur’s Extensions of Remarks.] body was afraid—afraid of Pat Schroeder and career was assented to by the Secretary of f her McCarthyite slurs, afraid of the White Defense, the Secretary of the Navy, the The SPEAKER pro tempore. Under a House commissars, afraid of the media. Chairman of the Joints Chiefs and the Chair- previous order of the House, the gen- A DANGEROUS CALLING man of the Senate Armed Services Commit- tee. tleman from California [Mr. RIGGS] is The Navy is not just another bureaucracy recognized for 5 minutes. in the government. Naval service is a dan- This is the same Armed Services Commit- gerous calling that requires the highest pro- tee, under Sam Nunn, that held a secret ses- [Mr. RIGGS addressed the House. His fessional standards to defend the U.S. and its sion to waive through the nomination of remarks will appear hereafter in the interests. What an outrage that we are cash- John Dalton to be Secretary of Navy amid Extensions of Remarks.] questions raised about Mr. Dalton’s dealings iering and promoting people based on rea- f sons that have nothing to do with their read- during the 1980s in the Texas S&L industry. iness to fight the conflicts of this country. Mr. Dalton, who later worked for Stephens EDUCATION CAUCUS OF THE U.S. Inc. of Arkansas, vehemently denies any Fifteen years ago and after, I came in for CONGRESS my share of abuse. But as a presidential ap- wrongdoing, and the solons of the Senate get pointee I was supposed to be politically ac- red-faced at the suggestion that they gave The SPEAKER pro tempore. Under countable. Generally my successors and I Mr. Dalton special treatment. And indeed the Speaker’s announced policy of May give as good as we get: I for instance can af- it’s not a widely known story. But ask the 12, 1995, the gentleman from Louisiana next Naval officer you meet if he knows ford libel lawyers. The new and ugly phase of [Mr. FIELDS] is recognized for 60 min- recent years, however, has brought career of- about it. This year, with Tailhook’s eternal bonfire utes as the designee of the minority ficers into the line of fire for the first time— leader. and a viciously personal fire it is. Career pro- still burning, Secretary Dalton withdrew the fessionals are not prepared or trained for it, promotion of Commander Robert Stumpf, Mr. FIELDS of Louisiana. Mr. Speak- they lack the means to defend against it, and even after his own investigation had cleared er, Members of the House, tonight I they don’t deserve it. We can only hope that the commander of any Tailhook taint. Admi- rise to talk about an issue that every Mike Boorda’s tragic death will awaken ral Boorda was on the bridge for that one, person in America, every person in this some basic decency in our leadership and the too. Earlier in the process, Admiral Boorda Congress, has a great interest in, and tried to help Commander Stumpf, but he crusade will end before it does irreparable that is the issue of education. damage to our nation’s defense. couldn’t. Instead he was directed to with- draw Commander Stumpf’s nomination. We often talk about the need to pro- vide a college education to our children [From the Wall Street Journal, Tuesday, When asked this Sunday morning about his May 21, 1996] department’s handling of these personnel across this country, and Members of matters, Navy Secretary Dalton said, ‘‘I feel this Congress, about 72 in number, de- MIKE BOORDA, RIP good about the decisions we’ve made. cided to come together to form some- We say ‘‘nuts’’ to the medals teapot; we’re The attitude within the Navy is no doubt going to remember Admiral Boorda for what thing called an Education Caucus. captured by former Navy Secretary John Members of the House, as well as Mem- he did to the Serbs’ jets. Lehman in his article nearby. James Webb, Before he was called back to the Navy’s another former Secretary, delivered a sear- bers of the Senate, decided that for the CNO, Admiral Boorda was the commander of ing speech at the Naval Academy last first time in this Congress, we needed NATO forces in southern Europe, which is to month, speaking of ‘‘the destruction of the to concentrate our efforts on a group of say the top U.S. commander involved in the careers of some of the finest aviators in the people who believe that we should push conflict in Bosnia. One day he found himself Navy based on hearsay and unsubstantiated education forward in this country, in authority, perhaps through some over- allegations.’’ He wondered ‘‘what admiral should meet as a caucus, and organize sight at the U.N., just as Serbian jets were has had the courage to risk his own career by flouting the U.N.’s ban on their flights. So he as a caucus, and push legislation and putting his stars on the table, and defending appropriations as relates to education ordered them shot down, just as they were the integrity of the process and of his peo- starting bombing runs on population centers. ple?’’ in both the House and the Senate. Similarly, when Cuban MiGs shot down For some reason, this country does not I am very pleased that so many Mem- American-owned planes over international have a tradition of honorable resignation on bers of this Congress have decided to waters, his first reaction, according to a principle, as exists elsewhere. America’s gov- participate in this caucus and to move good source, was: where are my Tomahawk ernment is a huge and hugely powerful force, it forward, and tonight, I am just mak- shooters. In the end, of course, the U.S. did and its high officials, even as they disagree ing a simple plea to all Members of the not launch Tomahawk cruise missiles at bitterly, tend to let it sweep them forward. Cuban airfields, nor did the Boorda airstrike Congress on both sides of the aisle to It might be healthier for all if on occasion take an interest and to join a caucus end the war in Bosnia. But shooting down they said what they truthfully felt, and quit. four Serbian jets was the most vigorous ac- Admiral Boorda left behind a single-page that we consider to be one of the cau- tion anyone at NATO or the U.N. took note addressed to ‘‘the sailors.’’ The Penta- cuses of the future of this Congress, a against a particularly disgusting aggressor. gon’s story is that releasing this note is a de- caucus that believes in bipartisanship Mike Boorda, in short, had more than the cision for the family, and sympathy for their because education is an issue that both usual ration of political courage, which tragedy is appropriate. The fact remains Democrats and Republicans can agree makes his suicide all the more perplexing that the Navy as an institution has been and mysterious. By the weekend, the media on. rocked to its foundations, and if Mike I would like to mention that Senator had pretty much exhausted the tempest over Boorda had something to say about that, ev- the medals and got around to the main issue: eryone serving in the Navy should be enti- WELLSTONE will be chairing the caucus, Tailhook, and the pressures still radiating tled to read it. co-chairing the caucus with myself. through the Navy under Commander in Chief Today there will be a memorial service for Senator WELLSTONE has been working Bill Clinton. Admiral Boorda, and President Bill Clinton very diligently in the caucus on the Good military officers don’t shift blame for will deliver the eulogy over his career and Senate side, and we have now organized breakdowns on their watch, and Admiral life. Boorda bore the brunt for what the political such that we have even a whip oper- f furies of Tailhook did to the careers of Admi- ation in the caucus, and tonight I want ral Stanley Arthur, Commander Robert The SPEAKER pro tempore. Under a to talk about some of those national Stumpf and many others less prominent. The previous order of the House, the gentle- organizations who are concerned about H5364 CONGRESSIONAL RECORD — HOUSE May 21, 1996 education, who met at our very first talked about how people should be able cational system in each State and meeting, and who talked about the to rally around the issue of education. across this country. concerns of education in this country. I do not think there is a Member of Ms. Rafel talked about parental in- We are very pleased, Mr. Speaker, this Congress who does not believe in volvement. I am cognizant of the fact, Members of the House, that on the 16th education. I do not think there is a Mr. Speaker, that it is not govern- of May several education groups em- Member who is elected to public life, to ment’s responsibility to raise children. barked upon this Capitol to talk about be quite honest with you, who does not It is the parents’ responsibility to raise the children and to talk about how we advocate a strong educational system children. We should, in order to make prepare for their future and to talk and building educational systems, be it education work, we should have a rela- about how we, as Members of Congress, in a State through a State legislature tionship between parents and teachers. could make an impact on their future or through a board of education, a When I was growing up, my teacher by improving the quality of education State board of education, or be it in knew my mother and my mother knew in this country, elementary on up to the U.S. Congress. my teacher, and I as a student knew higher education. But we do differ, quite frankly, that the two knew each other. There is We have caucuses in this Congress for speaking in terms of how we meet that something different that takes place in almost everything. We have a Sun Belt goal. We all have the same motive. We the classrooms when parents and Caucus, we have a caucus for peanuts, all, every Member of this Congress, I do teachers know each other, and the stu- dent is cognizant of that fact. We need a caucus for cotton, a caucus for al- not care if you are a Democrat, I do to bring about better parent and teach- most every issue that you can imagine. not care if you are a Republican, I do er relationships. We cannot do that But I thought it was somewhat strange not care if you are from California or through legislation. We cannot pass that we did not have a caucus for edu- from New York; every Member of this legislation and mandate that parents cation, and these individuals for the institution believes that we need to and teachers sign a covenant, but we first time in years had the opportunity provide kids with a quality education. to sit and express their concerns before can do it by including parents in the b 2030 a group of people, lawmakers, about decisionmaking process, to make them a part of the process. how they felt about education. We all have the same motive. But In this caucus meeting we had an op- One individual, Mr. Speaker, was Ms. many times we have different methods. portunity to hear the parental side in Scarlet Kelly who was the executive di- I think one of the reasons why our terms of what parents think, what is rector of the National Community Edu- methods are somewhat different is, and going through the parents’ minds, how cation Association. She was able to many times we find ourselves fighting can we improve the quality of edu- come to that meeting and give us some on the floor of the House, is because we cation in this country, how can we insight in terms of what we should be do not network enough. This caucus make our schools safer, how can we doing as lawmakers to improve the will provide an avenue for us to net- give parents some sense of ease when quality of education, because all too work and talk about some of our dif- they walk into their job and they have often one of the things we fail to do is ferences in terms of how we move edu- cation forward. their loved one, their little child, their to get the input from teachers and little 7-, 8-, 9-, 10-year-old in a school, from parents and from students them- Joel Packer said it best. In order for us to get education moving, we cannot how can we give them some comfort, to selves as relates to education. We often know that that child is not sitting next walk into the Halls of Congress and the do it by bickering on the floor of the House. We have to do it by showing to a person who may have a gun? halls of State legislatures, quite frank- So the parental aspect is so impor- real leadership, because the individuals ly, speaking across this country, and tant. She had the opportunity to talk who are looking to us for leadership make very, very crucial decisions that about how teachers and parents need to affect education, and many times we are the born and the yet-unborn who create a better marriage, because when fail to consult enough educators and are in public schools and in private we have a marriage between the two, enough parents and enough students schools, and those who plan to attend then we can really get student involve- and fail to involve them, in a real colleges and universities across this ment. We felt that her testimony was sense, in the process, and many times country and who are dependent on quite informative, and we certainly those decisions are not the best deci- many of our decisions in terms of how want to thank them for all the work sions because of lack of information. they finance their education, for exam- that they are doing across the country. Ms. Kelly was able to bring to the ple. The other organization we heard table some community aspect of edu- There are many students who want from, Mr. Speaker, was the National cation and how we can improve edu- to go to college who do not have the Head Start Association. Ms. Angelica cation by networking with the commu- money, and who do not necessarily Santacruz, who is the associate direc- nity. I am going to enter her testimony want a grant. Some students have no tor of governmental affairs, she talked into the RECORD because I do think problem with taking out a student about the need for Head Start. I know that people should know some of the loan, but those student loans ought to Members of this Congress may have things that we can do to improve edu- be available to those individuals who different opinions about the Head Start cation, and it should not always come wish to seek a higher education. His program, but this caucus will provide from politicians and from lawmakers. testimony, Mr. Speaker, will be en- an opportunity for us to talk about it It should come many times from people tered into the RECORD tonight as well. before we walk on the floor and vigor- who do it on a day-to-day basis. We also heard from Ricki Rafel, who ously oppose each other, be it appro- We also heard testimony from Mr. was a board member from the National priations or just be it philosophical, for Joel Packard who has the senior pro- Parent and Teachers Association. One philosophical reasons. I personally feel fessional association and governmental of the great things about this caucus is that Head Start is a very good thing. relations division for the National Edu- we are going to include many groups But we want more Members of this cation Association, the NEA. The NEA, from the outside. At the next caucus Congress to join the caucus so we can as most of you know, has been very, meeting we are going to talk to busi- talk about it. very strong advocates of education in ness people, because we know that If there are real problems with full this country. They were pleased at the business and education work hand in funding of Head Start, let us talk fact that Members on both sides of the hand. No longer can businesses in this about them, because each of us are aisle, both Democrats and Republicans, country not get involved in education, committed to improving education in were coming together to talk about because it affects their business. There this country, and in order to do that we education, and he shared some very are too many businesses in this coun- ought to have dialogue. That dialogue good information to each of us. try who have to train workers, even should not begin and end only on the One of the things he wanted to make after they finish college, in order to floor of the House of Representatives. emphatically clear is that in order for prepare them to do a day’s work. So It ought to be that we ought to take this caucus to be effective, we had to business realizes that there is a neces- the time to talk about it in other pull from both sides of the aisle, and he sity to have a strong and quality edu- places, as well. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5365

We also heard from Mr. Jerry Lewis, cess: what impact these programs are woman from Texas, Ms. JACKSON-LEE, the director of TRIO. He also works at having. Texas is my neighbor State, and the the University of Maryland with the We also heard testimony from Ed- gentleman from New York, Mr. OWENS. National Council on Educational Op- ward Kealy, who is a director of the Mr. Speaker, I am happy to yield to portunity Association. The TRIO pro- Committee for Educational Funding. the gentlewoman from Texas, Ms. gram is a very worthwhile program, He also spoke of the need for the cau- JACKSON-LEE. and we had the opportunity to hear cus to be bipartisan, how we need to Ms. JACKSON-LEE of Texas. Mr. success stories from this gentleman, bring Members from both sides of the Speaker, I certainly would like to because often we walk to the floor and aisle together to talk about education, thank the gentleman from Louisiana we talk about TRIO funding, needing because if there is one issue that we all [Mr. FIELDS]. I want to emphasize his funding and not needing funding, but it agree on in terms of whether or not we continued leadership on this question gives you a different perspective when should have a good system, it is edu- of education, and am gratified at the you actually have the opportunity to cation. I am happy that we have a formation of the Education Caucus and witness a person who teaches in a TRIO number of Republicans and Democrats delighted to join him in its member- program, who teaches students in a who have joined the caucus and encour- ship, in being a member of that caucus. TRIO program, and who has vast expe- aged them to continue to participate. Mr. Speaker, the gentleman made a riences and success stories. Mr. John Forkenbrock, who is the ex- very interesting point as I joined him. I take a moment of personal privilege ecutive director of the National Asso- I could not help but here the very fo- when we talk about TRIO, because I ciation of Federally-Impacted Schools, cused words that he offered about the am a product of the TRIO program. I shared a lot of economic information, priorities that this country has. He of- know what the TRIO program did for talked about how Federal funds are fered, first of all, to say that we recog- me. I know what it is doing for stu- needed for many of the schools. Many nize that money is not the answer al- dents all across this country and will times we look at it from a bottom line ways to education; that it includes a do for students who have yet to enter perspective in terms of dollars, and in community partnership, not only with the program. I personally feel it is a terms of how we balance budgets and those that have children in the school program that is much needed. how we can make everything add up, system, particularly the public school Oftentimes young people who are in but he actually gave some real mean- system, but the broader community, high school look at college as a fear. ing to the need for the Federal Govern- the business community. It certainly There is a big fear factor in the minds ment to be involved in the education of involves the parents and a system that of many young people. Before they his children. supports them in their efforts to sup- take that step and enter a college cam- Lastly, Mr. Speaker, we heard from port their children. There is something pus, they need sometimes a little push. Marilyn Aklin, executive director of special about a parent asking a child Many people are the first to graduate the National Coalition of Title I— about their homework. The child may or to go to college. Many households, Chapter 1 Parents, a program that think it is not very special, but it is many kids come from large households many of us have debated quite pro- important for that involvement to and they may be the first person to fusely on the floor of this Congress. occur. enter college. The TRIO program takes She was able to talk about the needs As I was listening to the gentleman away that fear, to a large degree. for the program and how we can in fact further, he mentioned the responsibil- I take myself as an example. I was improve the program. ity, but also the importance of teach- afraid of college. I made very good Members would be amazed at many ers and the recognition of their value grades when I was in high school, but I of these individuals who came before by increased compensation, so that our did not have a lot of people who lived the caucus on Thursday of last week, young people who are in college can next door to me who graduated from and how they were not individuals who readily choose education as a career, a college, quite frankly speaking, so I did walked into the caucus begging for lifestyle, because in fact they, too, not know if college was the right thing more Federal funds, but in fact they would be able in the long run to sup- or the wrong thing. I did not know if I were folk who wanted to really im- port their families. could make it without a college edu- prove the quality of education for our I am disturbed, however, that edu- cation or not. I wanted to be a lawyer, children. That was very refreshing. cation has not received the bipartisan but I did not have a lot of people who When we deliberate appropriations, attention that it deserves. We are find- I could talk to about college. this caucus may not have the kind of ing out that even in the proposed 1997 I was afraid of college. To walk on a impact it should have on the 1997 budg- budget, we have a cut by our Repub- college campus with 10,000 people, leav- et appropriations for education, but lican Congress of some 25 percent for ing a high school with 600 was a big budget is not the only thing. I do think education and training programs. Just shift for me. But TRIO took me out of there are many other things we can do this past week, I joined my school su- the high school on the weekends and to improve education other than perintendent from one of the school put me in a college setting. I had an money: teacher-parent relationships. districts that I represent, the Houston opportunity to be a college student as That is a very good start. Independent School District, just this a high school student, so I was not To many of the members of the cau- past Monday at a school in our district. fearful of college. I had an opportunity cus, one of the things we will do is at- We were there to speak about the need to learn about college while I was in tend schools within our respective dis- for school lunches and school break- high school, so I could not wait to tricts and try to do it on a weekly fasts. graduate from high school so that I basis, or at least on a monthly basis, It was interesting to talk to second- could enter college. It was no longer a where we can walk into classrooms and and third-graders who were eating fear factor for me. actually talk to kids and talk to them heartily. I asked the question as to Those real stories, those stories are about how we feel about education, and whether or not a good meal helps them not told on the floor of the House of also talk about how individuals can in learn, and the broad smile and the Representatives, many times because fact improve their own lives through brightness of their eyes indicated such; we are under time restraints. For ex- education. that with these supplemental lunch ample, most of us, when we speak on Mr. Speaker, we have established this and breakfast programs, for which major legislation, we have 1 minute, 30 caucus. I urge Members of this Con- many children that is the only meal seconds, 2 minutes. You cannot bring gress to join the caucus. If there are they get, it provided for a better oppor- out those kinds of success stories, but Members who wish to be a member, tunity and atmosphere for them to we can do it in a caucus, and we can do wish to talk to our office a little bit learn. it when Republicans and Democrats sit more about the caucus, we will be b around a table and talk about pro- happy to do that, and we certainly feel 2045 grams, and not just look at it in terms it is a worthwhile cause. They even said, and they joined me of the bottom line in terms of numbers, I see that I have been joined by two in my comments, that we were deter- but the bottom lines in terms of suc- members of the caucus, the gentle- mining that some of the school H5366 CONGRESSIONAL RECORD — HOUSE May 21, 1996 lunches, because of absenteeism, were Congressperson Mickey Leland and our children. That is the biggest threat not utilized, and the youngsters said, Congressperson Barbara Jordan at- that this country is faced with, not ‘‘Well, we can give this food to the poor tended in Houston. Clearly in its in- Russia, but to actually have thousands people,’’ which this school district will struction it has the potential to raise upon thousands of kids who are not lit- now be considering. So we do not waste up great leaders of this Nation. erate, that is a national security taxpayers’ dollars, and we provide op- But if we continue to undermine the threat in my mind. Because who will portunities for those foods that are educational system with more cuts and take on the jobs of tomorrow if we do given for school lunch that may not be more cuts and more cuts, and more not educate our children? Who will used, as I said, because of absenteeism, leaking roofs and smaller recreational serve in the military, in fact, if we do and they are to be used that day and fields and no funding for athletics, we not educate our children? cannot be held over for another day, to are going to begin to say to those I think this Congress is going to get work with the private sector to make youngsters not ‘‘Yes, I can,’’ but ‘‘No, there. Tonight I am working for bipar- sure those foods get to hungry families. you cannot.’’ I would simply say that it tisanship. I want to pull Members from So education partnerships can be is high time for us to really put our both sides of the aisle to just sit down constructive. But at the same time money where our minds say they are, and talk about education before we those children were coming up with and to ensure that there is an oppor- walk to the floor of the Congress, and those very creative ideas, they could tunity for youngsters to learn. work out our differences to the extent I might, if I could, Mr. FIELDS, ask of not tell me how to stop the leaking that we can, because there is not a you, because I know that you have roofs, the paint that was pealing, the Member of this Congress who does not worked not only inside the classroom lead-based paints, the overcrowding believe that a child should not get a in terms of your support for the tools that was occurring. They clearly need- quality education. that are needed to educate our chil- ed the participation not only of the Now many say, well, education local community—of which we will dren, but you in fact have developed sort of a congressional classroom that should be a local issue. We should send have a bond election in our community money to locals, and the locals should on May 28, that is the local commu- has helped to educate our children about Government. I imagine that that basically make those decisions in nity’s participation in Houston—but it terms of how they run their edu- is what you have said over the years, is a partnership that you have endeav- ored to participate in, and not calling cational systems. I differ with that. Congressman FIELDS, about how we That is not to say that I am absolutely have abandoned the physical plants of on Federal funds, but you have helped to expand the horizons of young chil- right. our schools throughout the Nation. I just feel that education should be a We can account for the fact that our dren. I have in my district over 125,000 partnership. I think it should be a part- children are unable to perform because households that have incomes of less nership between local, State, and Fed- they have a poor physical plant, poor than $25,000. With that in mind, my eral Government. I just think the three access to recreational facilities, small question to you—because I looked at of us ought to have a role in education. classrooms, unattractive classrooms, the demographics of my district, and If we have a role, if the city, if the as I said, faulty equipment. All of this certainly we are very gratified to have local, the State, and the Federal Gov- bears upon how we focus on our chil- some 1,608 households making over ernment can play a role in putting peo- dren. $150,000. I am always encouraged when ple in jail and building prisons, then we We see, as the children grow, that we we can find folk having the ability to ought to have a role in building schools have determined that over 2.5 million improve their condition. and educating our children. students in this new budget, 1,000 post- But I have at least 120,000, I said I just feel very strongly about that, secondary educational institutions, 125,000, let me be more accurate and will be suffering with the elimination and I think there are enough Members say I have about 121,000 households of this Congress, because when each of of the Direct Student Loan Program. with families making under $25,000. Goals 2000, which many gathered to- us runs for office, let us face it, there And let me say to you that I have is not a Member of this House who does gether in harmony to support, includ- households of families making under ing President Bush, through this new not run for Congress and use education $5,000, 26,000 households in the 18th Dis- as an issue, not one. You can poll any budget Republicans would deny 5 mil- trict of Texas. lion students in 8,500 schools the fund- district in America, and you will find What I would say to you is with those that education is an issue, among other ing that they currently receive to raise kinds of numbers, you would find it their academic achievement. We are issues, but never will people say edu- and I would find it extremely difficult cation is not an issue. Every citizen in determined, according to this budget for those families to participate in the by Republicans, to deny campus-based this country is concerned about edu- private school system, which is a very cation. low-interest loans to 150,000 post-sec- good system. I am trying to grapple Now, the gentlewoman mentioned ondary students. with whether we have had any direc- the congressional classroom and you We were concerned in our community tion, as you can see it, where this Con- also mentioned, as I stated earlier, about the attack on bilingual edu- gress clearly goes on record to support that money is not everything. The so- cation. I had a youngster come to me the public school system with the kind lution to education is not necessarily and say that even she noted the need of funding and partnership programs money. I do not think this caucus, I do for improvement in bilingual edu- that would ensure that those in house- not want to scare people away from cation, so that we can provide an equal holds like those that I represent can this caucus, to think that this is a cau- playing field for those youngsters and continue to be assured that their chil- families who have come to this Nation dren will have the best education. cus only to do budget pushing for edu- to seek a better opportunity. I am not sure in your research wheth- cation. This is a caucus to really im- Why should we abandon them, throw er you have discovered whether we are prove the quality of education for all them to the wolves, if you will, for on the right track to protect the least Americans. other fears and apprehensions that we of those who are trying to do the best Mr. Speaker, I want to thank the may have? Why not at least give the by their children. gentlewoman for starting the same children the best education we can give Mr. FIELDS of Louisiana. I can only kind of program. We started congres- them? The bilingual education allows say to the gentlewoman that as Mem- sional classroom in Louisiana. I no- them to be proficient in English and bers of Congress, as you know, we ticed at town hall meetings, I saw par- certainly to be bilingual, which we should view education across the ents, I did not see kids. Every town have determined is equally important. board, irrespective of what kind of hall meeting I had when I was first Needless to say, our libraries in our household an individual actually comes elected to Congress, the adults were school—I was also in the library of the from, what income level they come there. Mom or grandmother, they were school I attended, and by the way, it from. there, dad, granddad, they were there, was Atherton Elementary in the fifth The national security risk that we but very seldom would you see son or ward, the school that both have in this country is to not educate daughter. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5367 So I decided I wanted to get young better funding. They talk about how from Members of Congress, will encour- people involved, and we started a con- we can improve the quality of edu- age further debate on how to utilize gressional classroom. I tell you, since cation. ‘‘How can I get involved, Con- the educational system to help all of the development of that group, it grew gressman, as a parent? I want to be our citizens. from 250 to now over 3,000 kids, and more involved in the education of my I think job retraining is a part of this their interest level is so high because child and the future of my child. I want whole education question. I think the they feel that somebody really cares to work with my child’s teacher.’’ It is training of those who we are encourag- about education. amazing things that happen in town ing to go from welfare to work is part We challenge them. We tell them, hall meetings. This caucus will bring of this education. Education is, again, ‘‘Listen, you come to class. We have those things to the forefront. the door opener, the even playing field. classes on weekends. In order to come So I want to urge Members on both If I might throw in an aspect of edu- to class, you have to behave yourself. sides of the aisle, let us talk about it. cation, we will need to discuss in a bi- You have to respect people. You have We talk about peanuts. We talk about partisan manner with our colleagues to do well in school.’’ We take time cotton. We caucus for gas and oil. We just how we deal with the access to in- with them. caucus for almost every issue in this stitutions of higher learning, where we We have had people like Vice Presi- country. Let us caucus for education. do not have attacks on the opportuni- dent AL GORE to walk into a classroom, Ms. JACKSON-LEE of Texas. Will the to their classroom, the Vice President gentleman yield? ties for institutions of higher learning of the United States of America, and Mr. FIELDS of Louisiana. I will be to seek to diversify their student body say ‘‘Listen, you better not do drugs, happy to yield to the gentlewoman. under the guise of an affirmative ac- and you better stay in school.’’ These Ms. JACKSON-LEE of Texas. The tion program that seeks to bring in kids, I mean chills running down their gentleman has captured, has given me students from all walks of life, which spine to say the Vice President of the a response that hopefully will be heed- we should applaud, because that is giv- United States of America cared enough ed to by the bipartisan nature of this ing or providing education for all of about me to come to this little class- Congress and certainly for years past. I our children. Even with that very, if room and say, ‘‘Stay away from drugs, think it is extremely important that you will, spirited aspect of this Con- and I care about you.’’ we raise education to the level that gress, this question of affirmative ac- Even today, in classroom settings, in every child has an opportunity to ac- tion, even that I think can be discussed classroom meetings, members of the cess this door opener, this key to op- in a bipartisan manner as relates to classroom: ‘‘How is the Vice President? portunity. education and insuring that the doors You tell him I am doing well.’’ Janet I applaud the concept of having a of opportunity are open to our young- Reno, the Attorney General, met with caucus that talks about policy issues sters all over this country. these kids. Tomorrow, General Colin that are not necessarily budget-driven So I applaud the gentleman from Powell, former chairman of the Joint and can, for example, emphasize the Louisiana again. I cited statistics from Chiefs of Staff, flying to Baton Rouge, fact that public schools have a very my districts. There is no doubt that LA to meet with 3,000 kids and chal- viable role because they educate those the 18th Congressional District desires lenge them that they can be any and children who would least have an op- to be in the forefront of educational re- everything that they want to be if they portunity. form, educational bipartisanship, with believe in themselves. b 2100 the direction of uplifting our children. Mr. Speaker, that is not government. I would hope as we do that, we would Also I would mention to you that you General Powell is retired. That is per- find the appropriate funding line that are right when it comes to working on sonal involvement. We were preparing would make sure that we do speak with issues that help education. We find for this program this weekend. For 2 strength, to ensure we are able to pro- many aspects of our legislation that months, these kids, they were practic- vide that opportunity for our children. are not education-directed having edu- ing their speeches, they are so excited Mr. FIELDS of Louisiana. Again I about meeting General Powell. cational impact. The telecommuni- cations bill that was passed I am grati- want to thank the gentlewoman for That is going to have an everlasting joining me tonight in this special impact. That is not a piece of legisla- fied to say to you as a member of that conference committee, there was an in- order. I will simply close by saying we tion, but it is going to have an ever- have had a lot of finger pointing on is- lasting impact on those kids when they sistence that this new superhighway have direct direction into our schools sues, issue like education. I think it is hear somebody who they have had an high time for us to stop pointing fin- opportunity to see on TV, but now in and our libraries. The Education Cau- cus can certainly be part of directing gers and start working together to try person tell them, ‘‘Listen, education is to bring a solution to a real problem, important. Let me tell you my story. I or discussing how best to insure that all of our schools have access to the su- because there is a problem. There is a did not become Chairman of the Joint problem in a country when you find Chiefs of Staff by dropping out, by perhighway and all of our libraries and all of our youngsters have that kind of yourself spending more money on jails doing drugs, by not working hard.’’ It than you do schools. There is a prob- makes these kids say, ‘‘Well, golly, I access. lem when you have kids who walk into can do that.’’ Also questions about how we do pub- classrooms and walk down the street or So everything is not government, and lic-private partnerships, such as the if each Member of this Congress, like program that you have, where the drive down the highway and find their the gentlewoman starting the same focus is to tell a child that they, too, schoolhouse is in worse condition than kind of program, the gentleman from can succeed and to engage them in the the jailhouse. There is a problem when the jail is in better condition than the Illinois [Mr. JACKSON] is starting the political process, can be a byproduct of same kind of program, the gentleman the education caucus. school. There is a problem in the coun- try when the air conditioner at the from your State, Mr. GREEN, is starting The overall byproduct, in addition to this same kind of program. People from these questions of policy, I hope will be school does not work, but the air con- all over the Congress are starting those even a bipartisan effort as to what a ditioner at the jail works. There is a kinds of programs, and we are commit- budget really should look like, that problem when the jail ceilings never ting to spend at least a day a month in says that we together believe edu- leak, and the school ceiling leaks every a classroom in our respective districts. cation is important, as you have said, time it rains. There is a serious prob- We need to bring parents and teach- and I certainly have seen, among many lem in America, I submit to you, Mr. ers together. I now have town hall of our colleagues. It would allow that Speaker, and there always be a prob- meetings with parents and teachers kind of discussion before the heat of lem, as long as we look at education as where parents can meet teachers and the discussion of an appropriations pe- only a local issue, and not sit around teachers can meet parents, town hall riod and authorization period or the the table and talk about how we can meetings on education. final act of the budget. improve it. When they walk into that room, they So I am looking forward to the fur- Let me close finally by just giving do not just talk about, well, we need ther progress that will engender ideas you some of the benefits of education. H5368 CONGRESSIONAL RECORD — HOUSE May 21, 1996 If you really want to do something I am Starla Jewell-Kelly, Executive Direc- we can all work together to support and nur- about welfare in this country and get- tor of the National Community Education ture our children. ting people off the welfare roll, then we Association. The invitation from Rep. Fields We are inclusive, not exclusive. We view asked that I provide the Caucus with some of the school as a delivery site for all edu- really ought to do a better job at edu- my thoughts on the systemic deficiencies cational, social, and health services. These cating people. If you want to decrease contributing to the education crisis in this services are delivered by the social and crime in this country, and you really country. The task we face today is formida- health professionals. We do not expect class- want to decrease crime, then we have ble. The world has changed, and children room teachers to do those tasks for which got to do something about educating have changed. If you have any doubt of that, they are not trained. We keep the school people. If you want to get people to walk through most any high school in this building open after school for child care so work and get them off the unemploy- country, and you will definitely feel like you the 30–50% of our children who now go home have entered another world. to empty houses do not need to. And we open ment rolls, then you have to do some- If we are serious about systemic change in the school early in the morning for before thing to educate people. education, then I believe what we follow the school child care. We protect our children Everybody wins when we educate our old adage. The main thing to remember is to from neighborhoods that would destroy the kids. We lose when we do not. Over 80 remember the main thing—children—not the scant amount of hope they may have. percent of the people, Mr. Speaker, who teachers, not the unions, not the administra- We provide lifelong learning for the fami- are in jail are high school dropouts. tors, the business community, or the politi- lies of our children so they are prepared to There is a nexus and relationship be- cians, but, the children. We let children work in today’s working environment and be flexible enough in their training that they tween education and incarceration. We know that they are valued. We do not prac- tice a double standard wherein some children can adapt to the changes occurring so rap- spend almost $30,000, $25,000 to $30,000, get the very best and others are left to idly. By guaranteeing the quality of our to incarcerate a child, and only about make-do with the left-overs. work force, we also guarantee a level of eco- $5,000 or $6,000 a year to educate them. Education has always been rooted deeply nomic security for our families. I don’t be- Welfare rolls, most of the people on in the spirit and in the community of this lieve that as a nation we can afford to do any welfare are high school dropouts. So if nation. Every morning, 40 million children less. Every institution and community has we really want to improve the condi- get out of bed and hurry off to 83,000 schools an ethical and educational obligation to commit itself to create a safety net for chil- tions of our country, then we must in- from Bangor, Maine to Hawaii. An abso- lutely stunning achievement, according to dren. Schools cannot do the job alone. vest in education. the Ernest Boyer, which we all too often If we expect all children to be well pre- I want to thank the Speaker for take for granted. This was not accomplished pared for school, we simply must have fami- being so patient tonight. I want to by a Washington directive, but by local citi- lies and communities that first give love thank the gentlewoman from Texas, zens who have committed themselves to the then support to their children. We must pre- and I want to thank the gentlewoman audacious dream of the common school for pare our parents for parenting. We must teach them how to nurture their young and from Oregon, Ms. FURSE, who has the common good. The truth is, dreams can be fulfilled only how to raise healthy, contributing members worked so hard on the issue of edu- of a community. cation and who is one of the whips of when they have been defined, and if during the decade of the 90’s quality education Does this sound impossible? It is not. We this caucus. I also want to thank the would become a mandate of the nation, then have schools and communities such as these gentlewoman from California Ms. I am convinced that all of the other goals of all across our 50 states. They are called com- PELOSI, who has been working hard on our country would in large measure be ful- munity schools and they have been function- the issue of education. Finally I want filled. ing for the past 50 years. In New York they to thank the cochair of this caucus, We start by making sure that our children are also called Beacon Schools. They are are fed, healthy, cared-for, guided and loved. learning communities that spread their in- Senator WELLSTONE, who has been a fluence community-wide. Do they work? Yes. very strong champion of education for We make sure that they do not have to walk through flying bullets, step over dead bodies, Do they cure all the problems. No. But, our children in this country. broken glass, drug paraphernalia and through local decision-making and collabo- Mr. Speaker, I include the following boarded up and decaying buildings to get to ration, they go a long way towards address- materials for the RECORD. school. We let them know that they do count ing community needs. They make a dif- EDUCATION CAUCUS MEMBERSHIP by putting them in school buildings that are ference in the quality of life of their local warm and safe, not deteriorating, not rat-in- communities and in their schools. Rep. Mike Bilirakis, Rep. David Bonior, We can do this if only we remember the Sen. John Breaux, Rep. George Brown, Rep. fested. We give them books that are current and high-tech equipment that is in good re- main thing—and that is to remember the James Clyburn, Rep. Robert Cramer, Rep. main thing—Children and their future, for it Peter DeFazio, Sen. Christopher Dodd, Rep. pair. We let them know that they are expected is really our future as well. I appreciate the Anna Eshoo, Rep. Eni Faleomavaega, Rep. opportunity to speak to you today, and Chaka Fattah,* Rep. Vic Fazio, Rep. Cleo to achieve high levels. We do not ‘‘dumb down’’ the curriculum. We expect our teach- would be pleased to respond to any questions Fields,** Rep. Victor Frazier, Rep. Martin the caucus may have. Frost, Rep. Elizabeth Furse, Rep. Sam Gejd- ers to be dedicated and supportive of all stu- REMARKS OF JOEL PACKER, SENIOR LOBBYIST, enson, Rep. Sam Gibbons, Rep. Gene Green,* dents. We let the teachers know that their NATIONAL EDUCATION ASSOCIATION, MAY 16, Rep. Maurice Hinchey, Sen. Bennett John- task is one of the most important in this 1996 ston, Rep. Bernice Johnson, Rep. Tim John- world. We support teachers in their efforts to son, Rep. Joe Kennedy, Rep. Patrick Ken- help every child reach his or her potential. Thank you for the opportunity to address nedy, Rep. Bill Luther, Rep. Carrie Meek, We also expect accountability from all the historic first session of the Congressional Sen. Moseley-Braun, Rep. L.F. Payne, Rep. school personnel as well as from parents. We Education Caucus, which we hope will help Nancy Pelosi, Rep. Lynn Rivers, Rep. Ber- do this at the local level, building by build- to restore the tradition of bipartisan leader- nard Sanders, Rep. Tom Sawyer,* Rep. Jose´ ing. We stop experimenting with school re- ship on Capitol Hill for children and edu- Serrano, Rep. Louise Slaughter, Rep. John form models that work in one place and not cation. Coordination and cooperation across Spratt, Rep. Bennie Thompson, Rep. Bob another. We expect each community to de- party lines are essential to strengthening Torrecelli, Rep. Edolphus Towns, Rep. Rob- sign its own reform efforts and to do so with public education in America and providing ert Underwood, Rep. Nydia Vela´ zquez, Rep. input from families, teachers, students and every child with an excellent opportunity to Maxine Waters, Rep. Curt Weldon, Sen. Paul other community members. We expect entire learn. Those goals are central to the mission Wellstone,** and Rep. Albert Wynn. communities to be responsible for their chil- of the National Education Association, and I dren. not just the schools. And, we do not know they are shared by everybody in this * Indicates membership on the Economic ‘‘write-off’’ the kids who are in trouble or room. I want to offer a few thoughts on how and Educational Opportunities Committee. considered at-risk. this caucus can work effectively to strength- **Indicates Co-Chair of Education Caucus. We start as this committee has started—by en education, and briefly outline NEA’s edu- TESTIMONY OF STARLA JEWELL-KELLY, EXEC- sitting down around a table and asking, cation agenda. UTIVE DIRECTOR OF THE NATIONAL COMMU- ‘‘What can we do to help our children?’’ We First, let me tell you about the NEA. We NITY EDUCATION ASSOCIATION BEFORE THE let go of turf issues, our own agendas, and represent over 2.2 million educators, includ- EDUCATION CAUCUS, MAY 16, 1996, PANEL look for a way to bring together all of our re- ing both elementary and secondary public DISCUSSION sources in order to provide for our children school teachers, higher education faculty, Senator Wellstone, Representative Fields the start in life and education that they and and education support personnel ranging and Members of the Education Caucus: this country so desperately need. Secretary from school bus drivers to cafeteria workers Thank you for this opportunity to present of Education Riley has made the first steps to custodians. In addition, we have both stu- testimony regarding the state of education toward this effort with his Family Involve- dent members and retired members. NEA in our country. I am delighted that the cau- ment Initiative. He has convened school, conducts research on school finance, spon- cus was formed and has such a diverse mem- business, religious and community rep- sors the National Foundation for the Im- bership. resentatives in order to find ways in which provement of Education, which is dedicated May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5369 to improving student performance, works to many in the House leadership were largely vision of safe schools, active learning, ad- improve teaching and learning through rejected in the final FY 96 appropriations vanced technology, and modern classrooms. many projects including Learning Labora- bill, education programs were still cut by Our vision includes keeping the things that tories, Mastery in Learning program, Teach- $450 million. This is on top of over $600 mil- are working well in schools and scrapping er Education Initiative, and Keys to Excel- lion in cuts that passed as part of the FY 95 those that are not. Our vision includes a pub- lence for Your Schools; maintains a Profes- recession bill. Thus, since the beginning of lic education system where every person in sional Library for educators, and actively 1995, over $1 billion has been slashed from the community has a voice and a role, in en- promotes quality public schools at both the education. Both the FY 97 House and Senate suring that tomorrow’s schools serve tomor- Federal and state level through our 13,000 budget resolutions fail to invest in children row’s students. local affiliates. and education, since they provide no growth We plan to bring this group into that col- It is important to put today’s challenges in to compensate for inflation, 20% enrollment laboration. The next four years will bring us historical perspective. Over the past few dec- increases at the K-12 level, or rising college to the year 2000—a major benchmark for ades, most of the landmark education legis- costs. Indeed, the House budget would slice American education. We look forward to lation was passed by strong bipartisan ma- over $1 billion from the FY 96 levels, and working with you to make this a very pro- jorities. Many of these bills were cham- again attempt to eliminate Goals 2000 edu- ductive and forward-looking time for edu- pioned by Republican leaders in the House cation reform, bilingual and immigrant edu- cation in the United States Congress. and Senate, and many were signed into law cation, Perkins Student Loans, State Stu- TESTIMONY OF ANGELICA SANTACRUZ, NA- by Republican presidents. dent Incentive Grants, and many other im- TIONAL HEADSTART ASSOCIATION, EDU- To cite a few examples, over twenty years portant programs. Indeed, even a freeze over CATION CAUCUS, HEARING ON MAY 16, 1996 ago, in the summer of 1975, the Congress six years results in cuts of at least 17% from Congressman Cleo Fields, and members of passed legislation guaranteeing a free appro- FY 96 levels. the Education Caucus. I want to thank you priate public education to children with dis- Extending and Strengthening the Individ- for giving me the opportunity to testify abilities. The bill passed the Senate 63–10, uals With Disabilities Education Act. NEA today about the Head Start program and the while the House margin was 375–44. Even this strongly supports reauthorization of IDEA, National Head Start’s Association’s (NHSA) year, in the Senate the IDEA reauthoriza- with provisions to increase local flexibility vision for including all eligible children in tion is a true bipartisan effort, with legisla- for schools to properly discipline seriously Head Start. tion sponsored by Sen. Harkin (D–IA) re- disruptive students, strengthen professional I would like to applaud Congressman ported unanimously by the Senate Labor and development, and provide adequate resources Fields for forming a bipartisan Congres- Human Resources Committee. to ensure that appropriate services are pro- sional Education Caucus to address the is- The Elementary/Secondary Education Act vided to children with disabilities. sues confronting the current education sys- was reauthorized in 1987 by a vote of 401–1. Opposing back door block grants under the tem. It is time to meet the challenge to- This bill included Title I, as well as bilingual Local Flexibility and Empowerment Act. gether and include early childhood programs education. The Senate vote that year was 97– While NEA supports increased flexibility for in the process. In terms of providing children 1. Vocational Education, was reauthorized in local schools to administer Federal edu- in poverty with a fair chance to start equally 1989, with the House bill passing 402–3, and cation programs, we believe that legislation in school, Head Start has proven it works the Senate acting by a unanimous 96–0. The now pending in Congress (HR 2086/S 88) would over 30 years. However, there are issues that following year, Head Start was extended by a undermine Federal education programs, al- must be addressed: increasing funding to 404–14 House vote. Higher education pro- lowing for education dollars to be siphoned service all eligible children who need Head grams have also enjoyed this broad biparti- off for other purposes, and weaken or remove Start; providing services that meet the needs san consensus. The Higher Education Act accountability and important standards for of today’s families; and providing leadership was reauthorized in 1992, by a 419–7 vote in program quality and access for disadvan- to build a more coordinated and effective the House and a 93–1 vote in the Senate. taged children. system of services for children and families And just a few weeks ago, many Repub- Stopping efforts to punish immigrant chil- through collaboration and research. licans joined Democrats in restoring over $3 dren. NEA strongly opposes the so-called HEAD START billion in education funds that had earlier Gallegly amendment, which passed the Since 1965, Head Start has provided com- been cut from the FY 1996 appropriations House as a part of the immigration bill (H.R. prehensive services including health, edu- legislation. So there is ample precedent for 2202), that would allow states to deny public cation, social services and parent involve- the bipartisan work of this Caucus. education to illegal immigrant children. Not ment to more than 14 million children and As all of the public opinion polls have only would this proposal unfairly punish their families. Today, Head Start serves over shown this year, the American people have children for actions of their parents, it would 750,000 children in approximately 1,433 grant- put education at or near the top of their pri- create significant paperwork and adminis- ees, reaching low-income children in all 50 ority list of issues. Indeed, voters also recog- trative burdens on both local schools and states, the District of Columbia, Puerto nize the importance of the Federal role in parents of all children, who would have to Rico, the Virgin Islands, and the Pacific ter- education, with upwards of 90% of Americans document and prove the immigration or citi- ritories. opposing cutting Federal aid to education. zenship status of their children. Head Start serves children ages zero to And their focus on education crosses party Preventing expansion of Federal courts five, with four-year-olds comprising 62 per- lines. In a USA Today poll this January, for control over local schools. Under legislation cent of its population. More than 13% of example, education led voter concerns and advocated by the Christian Coalition, known Head Start enrollment consists of children vied closely with deficit reduction as a con- as the Parental Rights and Responsibilities with disabilities. cern among Republican voters. Senator Act (H.R. 1946/S 984) parents would be grant- The basic goal of Head Start is to bring D’Amato was right on target when he re- ed unlimited right to sue schools in federal about a greater degree of social competence cently commented that American voters court over virtually any decision of their in children of low income families. The Head ‘‘did not vote to cut education.’’ local school. Discipline policies, selection of Start program is a developmental approach I want to make it clear to this group that textbooks, curricula content, and other local to helping children achieve social com- NEA’s goal for the coming years is to build decisions would all be subject to litigation petence. To the accomplishment of this goal, a bipartisan pro-education majority and to by parents, with Federal courts deciding Head Start objectives and performance work with leaders from both parties who local educational policies. Not only would standards provide for: The improvement of want to strengthen public education. We are this bill gut the authority of locally elected the child’s health and physical abilities; the very grateful for the hard work of Demo- school boards, it would also lead to teachers’ encouragement of self-confidence and self- cratic leaders on our agenda this year, but efforts to report possible cases of child abuse discipline; the enhancement of the child’s we also thank mainstream Republicans who and neglect being deemed an interference mental processes and skills with particular courageously stood up for education and we with parental rights. attention to conceptual and communication hope and expect that more will join your In addition to these issues, NEA is fighting skills; the establishment of patterns and ex- ranks in the coming years. to ensure that secondary and postsecondary pectations of success for the child; an in- A bipartisan education caucus could play students continue to receive needed voca- crease in the ability of the child and family an important role through a variety of ac- tional education services, to oppose the im- to relate to each other and to others; and the tivities ranging from sponsoring briefings for position of private school vouchers, to pro- enhancement of the sense of dignity and self- Members and staff, preparing objective re- tect the school lunch program from block worth within the child and his family. ports on education issues, providing analysis grants, and to protect needed health care Head Start works! Research shows that of proposed education legislation, and serv- services for children through Medicaid. Head Start has had an important impact on ing to advocate the needs of children and Looking beyond 1996, we are planning to program participants. Positive impacts in- education through testimony, floor speeches, work with the new Congress that takes office clude: Improving cognitive test scores, in- introduction of legislation, and sponsoring of in 1997 on new initiatives for education. Like cluding reading; reducing placement in spe- floor amendments. many of our coalition partners, we have sev- cial education; increasing self-confidence Let me briefly outline our legislative agen- eral pro-active strategies we are now discuss- and improving social behavior; improving da for the balance of 1996. ing and developing to address such pressing health, including better eating habits, de- Ensuring adequate funding for children and issues as school infrastructure and tech- creasing anemia and increasing immuniza- education. While the deep cuts advocated by nology needs. Our vision for all children is a tions received; improving parent awareness; H5370 CONGRESSIONAL RECORD — HOUSE May 21, 1996 and enhancing parent’s employment and edu- cational Development at the University of ages of 11 and 27. Many programs serve stu- cational status. Maryland-College Park. In that capacity I dents in grade six through twelve. Forty-two ISSUES am responsible for two of the Federal TRIO percent (42%) of TRIO students are White, Head Start’s record of achievements and Programs sponsored by the University. 35% are African American, 15% are Hispanic, experience in providing comprehensive serv- These include the Ronald E. McNair Post- 4% are Native American, and 4% are Asian. ices to low-income children and their fami- baccalaureate Achievement Program and the Sixteen thousand (16,000) TRIO students are lies, makes it the perfect program to address Student Support Services Program. I am tes- disabled and 7,000 are military veterans. these new challenges and to help build a tifying today on behalf of the National Coun- TRIO is made up of five programs. Three competitive and strong country. Head Start cil of Educational Opportunity Associations assist young people and adults in learning has the potential to serve as a model of com- (NCEOA). about and preparing for college: Talent Before sharing my brief remarks on post- prehensive services, to reach large numbers Search, Upward Bound, Educational Oppor- secondary educational opportunity as it re- of children and families, to respond to a di- tunity Centers. Congressman Fields is him- lates to low-income students in America, I versity of needs, and to provide leadership in self a product of one of the programs—Up- want to take a moment to applaud your ef- collaboration and research for the entire ward Bound at Southern University—and he forts in establishing this Caucus. The federal early childhood field. Yet today, funding for has often voiced strong support for TRIO. role in assuring educational opportunity has In addition to their pre-college efforts, Head Start falls short and limits the pro- become increasingly questioned in recent there are two programs—Student Support gram’s ability to meet its full potential. Services and Ronald E. McNair Post-bacca- Three conditions exist in Head Start that years. Moreover, even those who articulate laureate Achievement Program—which serve must be addressed. First, to be effective in support for education often do not back their undergraduates. At the University of Mary- the future, the program must continue to words with dollars. Your active advocacy for land, for example, each year Student Sup- provide good early childhood services. How- education is deeply appreciated. port Services provides counseling, tutoring, ever, Head Start faces threats to program POST-SECONDARY EDUCATION OPPORTUNITY IS and other support to over 350 students. These quality. DECLINING Second, in the upcoming years, Head Start There is presently extensive evidence on services are made possible by over $350,000 in must be expanded to serve all eligible chil- the growing gaps in educational attainment institutional funds and $245,000 in TRIO dren and must be flexible enough to meet the between children from upper-income families funds. And this investment has made a dif- diverse needs of children and families, par- and children from low-income families. As ference. For example, it has raised the grad- ticularly demands for full-day centers. Pres- reported in Business Week, utilizing Census uation rates of those minority students en- ently, Head Start serves 20 percent of zero to data, Thomas Mortenson demonstrates that rolled in Student Support Services by over five-year-olds. The demand for Head Start is a child from a family in the bottom income 70% over graduation rates of minority stu- still tremendous. quarter (family income below $22,000) has dents not assisted by Student Support Serv- Third, as the largest early childhood pro- only an 8% chance of graduating from col- ices. gram, Head Start must provide leadership to lege with a Baccalaureate by the time he is EVIDENCE OF ACHIEVEMENT the entire early childhood field. It must help 24. In contrast, a child from a family in the I could speak much more than my allotted develop a coordinated delivery system, en- top income quarter (income above $68,000 per time, providing evidence on TRIO’s behalf. It sure adequate community services for low- year) has a 79% chance of attaining the Bac- is noteworthy, for example, that: income families, encourage the continuation calaureate at this juncture. Thus individuals Students in the Upward Bound program are of comprehensive services as children move from upper-income families are more than four times more likely to earn an under- on to the public schools and develop new ten times as likely to graduate frown college graduate degree than students from similar knowledge to improve practice and policy. by the time they are 24 than are individuals backgrounds who did not participate in There is increasing concern that the progress from low-income families. TRIO. made by children in the Head Start program At the same time, the ability of any work- Nearly 20% of all Black and Hispanic fresh- may be lost when there is not continuation er to adequately support his or her family man who entered college in 1981 received as- of comprehensive services in the school. At without a college education is declining. sistance through the TRIO Talent Search or the federal and local levels, there has been a Today, median family income in households EOC programs. lack of collaboration between Head Start headed by an individual with a college de- Students in the TRIO Student Support and federal programs serving low-income gree is $73,000 per year, an increase in real Services program are more than twice as families. dollar terms of 14% since 1973. At the same likely to remain in college than those stu- The Administration of Children, Youth and time, households headed by individuals with dents from similar backgrounds who did not Families (ACYF) has put considerable effort only a high school diploma have a median in- participate in the program. into improving the transition of children as come of $41,000, a decrease of 20% in the same TRIO Programs are very effective and they move to kindergarten through the time period. Households headed by families many students from low-income families de- Transition Project. Although these efforts without a high school diploma have a median pend on these programs to succeed academi- have been useful to the initial adjustment of income of only $28,000. Real median income cally in high school and college. In fact, children as they enter school, there is a need for households headed by the least educated since 1965 an estimated two million students for schools to become much more involved individuals has fallen over 37% since 1973. have graduated from college with the special assistance and support of our nation’s TRIO with families. ADDRESSING THIS CRITICAL ISSUE Despite the challenges, Head Start has ac- Programs. The Federal government has historically complished major early childhood services. I am more comfortable, however, citing in- utilized a multi-pronged strategy to support The following are some of Head Start’s ulti- dividuals than statistics. One has only to post-secondary educational opportunity. mate highlights: The Child Development As- look at Congressman Fields—and his three Student financial assistance—grants, loans sociate (CDA) programs; Home-based serv- colleagues in the House who were also TRIO and work—are made available to low and ices; Bilingual-multicultural approaches; In- participants—to learn of TRIO’s merits. middle-income students so that lack of fi- dian and Migrant Head Start Programs; Re- (Congressman Bonilla, Congressman Watts, nancial resources does not prevent them source Access Projects provide training and and Congressman Wynn were also TRIO from enrolling and succeeding in college. Un- technical assistance to programs; Early graduates.) One can turn to the nineteen fortunately, as the following chart dem- Start provides services to zero-to-three year- freshmen in Student Support Services’ fresh- onstrates, student aid has not kept pace with olds; Performance Standards; and Quality man class at the University of Maryland who inflation. While in the Mid-1970’s the prin- Improvement. have grade point averages above 3.0 as a cipal Federal grant program—Pell—covered Congress and the Clinton Administration measure of TRIO’s achievement. One can nearly 80% of the cost of attending a public, must remember that Head Start is an invest- look at our recent graduates who came from four-year college, today it covers less than ment. President Clinton has proposed for D.C. Public Schools and single parent homes 40% of that cost. and are now enrolled in doctoral programs in Head Start for fiscal year 1997 $3.981 billion. While student financial aid helps students mathematics and computer science to learn The National Head Start Association urges overcome financial barriers to higher edu- of TRIO’s achievement. I am confident each Congress to consider an appropriations bill cation. TRIO programs help students over- of you has also visited with TRIO students that moves toward the goals of both the come class, social and cultural barriers to and TRIO graduates and knows of TRIO’s ac- Bush and Clinton Administrations to expand college. Over 1,200 colleges, universities and Head Start to guarantee services to all eligi- complishments. agencies now sponsor TRIO programs which I very much appreciate the opportunity to ble children by the year 2000. enroll nearly 700,000 low-income students TESTIMONY OF JERRY LEWIS, J.D., BEFORE testify today and would be pleased to answer who aspire to attend or are currently en- any questions you might have. THE CONGRESSIONAL EDUCATION CAUCUS, rolled in college. MAY 16, 1996 As mandated by Congress, two-thirds of f Senator Wellstone, Congressman Fields, the students served in TRIO must come from REPUBLICANS’ SNEAK ATTACK ON Members of the Education Caucus, I very families with incomes under $24,000, where AMERICA much appreciate the opportunity to testify neither parent graduated from college. Over before you today. My name is Jerry Lewis 1,750 TRIO Programs currently serve nearly The SPEAKER pro tempore. Under and I am the Director of Intensive Edu- 700,000 low-income Americans between the the Speaker’s announced policy of May May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5371 12, 1995, the gentleman from New York Nobody ever said when they devel- tack. They threw everything they [Mr. OWENS] is recognized for 6 min- oped the Contract with America that could at us at Pearl Harbor. A massive utes. they would go after, over time, the attack, but it was a sneak attack. Mr. OWENS. Mr. Speaker, there is a Fair Labor Standards Act and the pro- There was nothing that said ahead of move afoot to pass labor legislation in visions in the Fair Labor Standards time that the probability was that the this half of the 104th Congress through Act that provide for overtime. They Japanese would attack America at a kind of guerrilla warfare process, now want your overtime. They are Pearl Harbor. In fact, the admiral who antilabor legislation, I should say coming for your overtime. headed the Japanese Navy was a Japa- antiunion labor legislation, antiworker Nobody ever said they would go after nese who had been educated at Har- legislation. the very heart of the collective bar- vard, Admiral Yamamoto. Admiral We had a very interesting develop- gaining process by coming up with a Yamamoto was educated at Harvard ment take place as the Republican ma- thing called the TEAM Act. The TEAM and known as a great card player at jority assumed control of the 104th is a way to officially and formally rec- Harvard. He had lots of friends. You Congress. We had what might be called ognize company unions and to move in talk about deception made intimate, a sneak attack on American workers. I such a way that eventually you would deception on a one-on-one basis, the say it is a sneak attack because there destroy all existing unions and have fact that Admiral Yamamoto com- was a Contract With America which the unions tied to the management. manded the Japanese Navy in the at- laid out in great detail what the Re- So nobody ever said that in the Con- tack on Pearl Harbor, the most publican majority would do once they tract With America. They never stated humiliating defeat our Nation has ever took control, and it spelled out the is- that that was what they were going to suffered was instructive. sues, and that is the basis on which do. Yes, certainly they were developing b 2115 they went to the American people and secret contracts on the side, obviously. were able to win the majority of that There were contracts that were not We should look at that. That is a small number of people who came out contracts with America, but they were good instruction as to what has hap- to vote. They won a majority of the 39 contracts with somebody. They were pened here, because what has happened percent of the people who came out to contracts with the bosses, contracts here is that the Republican majority vote, and they had a clear bill of par- with unscrupulous management. There have staged a sneak attack on the ticulars, a clear agenda, and it was felt is a whole lot of businesses and cor- American workers, a sneak attack of that whether you agreed with that porations in America that accept the great force. They are moving across agenda or not, it would be that agenda fact that we have some very civil laws the board attacking everything at that the 104th Congress would operate which help protect workers, and by once. The Davis-Bacon Act must be re- on. protecting workers, the corporations pealed. Nobody ever said that in the It is to their credit that they have are better off. The businesses are bet- contract, but now they are saying the moved forward on their Contract With ter off. Not all bosses, not all busi- Davis-Bacon Act must be repealed. America. But what has been surprising, nesses, are ready to make war against They are saying that they want your what has been shocking, is the fact worker protections, but the Republican overtime. We do not want overtime. We that there were items that were not in majority had this as a secret agenda. want to have compensatory time in- the agenda that have been pursued We know they made some contracts stead. Substitute compensatory time with great hostility, with great venge- on the side, because they have told us, for overtime and make that part of a ance. The attack on the American they confessed, one Member, a chair- Fair Labor Standards Act, changing workers and the working families of man of the Subcommittee on the requirement that overtime must be America was unexpected, totally. Workforce Protections of the Commit- paid after working a certain number of It was not expected that the Repub- tee on Economic and Educational Op- hours. lican majority would attempt to wipe portunities, the chairman of that sub- They wanted to go after the National out the Davis-Bacon Act. The Davis- committee was quite honest and forth- Labor Relations Board, which makes it Bacon Act protects workers who for right. He was forthright in his discus- possible to organize workers, and they the most part are middle income work- sion with the Washington Post reporter wanted to put the National Labor Rela- ers, middle class workers, or they used about the fact that although they did tions Board in a straitjacket fiscally. to be when their wages were held at a not put it in the Contract With Amer- They moved and cut it by one-third, decent level. As wages have been de- ica, on the side they made deals with proposed to cut it by one-third, but pressed and gone down, more and more business people. They made dealings that did not prevail. construction workers who happen to be with certain corporations, certain cor- They are moving again to put pres- fortunate enough to be under the porate entities and certain business sure on the National Labor Relations Davis-Bacon Act protections, are quite people which said in essence if you con- Board, Some of the Members are writ- poor, as I will point out in a few min- tribute to our campaign we will go ing letters to the National Labor Rela- utes. after OSHA, we will go after Davis- tions Board. One member of the Com- Nobody expected the Republican ma- Bacon, we will wipe out certain aspects mittee on Appropriations said your ap- jority to assault Davis-Bacon, or any of the Fair Labor Standards Act. propriation will be coming from me, other programs that are protecting This was in the Washington Post. It and I am going to get you. In so many workers. They never said that they was a direct quote of the subcommittee words he was saying that he would stop would go after OSHA. OSHA, which chairman. He did not deny it. He was the National Labor Relations Board protects the safety of all workers, honest enough to say it and honest from functioning because it rendered those in unions and those not in enough not to deny it. There was a fig- some decisions that he did not like. unions. As you know, unfortunately, in ure of $65,000 mentioned in his State That was one member, but the spirit of America right now a great majority of alone, $65,000 was collected as part of the entire Republican majority has workers are not in unions. That is un- the secret contract to go after labor. been that kind of spirit, to bring to a fortunate, because that is part of the So what you had was, much to the halt those parts of the American Gov- reason that the wage level is going surprise of the American people, what ernment, laws that exist that have down for all workers, because there are you had was what happened at Pearl been built up over the years which help not enough unionized workers. Unions Harbor. The Speaker has often com- to protect working people. are good for workers and good for pared politics to war. We do not like Mr. Speaker, Pearl Harbor was a America, but they are now every much the comparison, but that is sort of the massive attack. I say it was because it on the defensive in terms of their num- language of the 104th Congress. So poli- was launched at the beginning of the bers. They are decreasing. It will not tics are compared to war; politics is 104th Congress, and it did not succeed. help to have the Republican Party war, without blood. In this case it was So to replace the Pearl Harbor sneak clearly out to destroy that basic not stretching the imagination at all attack, Admiral Yamamoto was de- underpinnings or protection for work- to say that what we had was a Pearl feated. Now they are resorting to the ers. Harbor sneak attack. A massive at- guerrilla warfare. Some members of H5372 CONGRESSIONAL RECORD — HOUSE May 21, 1996 labor assume that, since they did not work, and the cleaning ladies. Various Davis was a Republican from Penn- prevail in the first half of the 104th people at the very lowest rungs are sylvania, and Representative Robert Congress, that the Republicans will protected by also applying the prin- Bacon was a Republican from New now break off the attack and leave ciple of paying the prevailing wage to York. labor alone, that the scorched earth those people as well as paying prevail- Senator James Davis had served as policies that started the session will no ing wages to the people who work on Secretary of Labor in the Cabinets of longer be pursued. That is not the case. construction on Federal contracts. Presidents Harding, Coolidge, and Hoo- It is guerrilla warfare now. They are Mr. Speaker, it was quite surprising, ver. Listen, Senator James Davis had waging the same, have the same objec- but an all-out attack has happened. been Secretary of Labor in the Cabi- tives, but they are waging the war in a The friends of Davis-Bacon, both on the nets of Presidents Harding, Coolidge, different way. workers side, the labor side, as well as and Hoover. The act was adopted, the But it is instructive, and I hope that on the business side, and there are Davis-Bacon Act was adopted in 1931 at labor leaders, union members, workers thousands of contractors who support the urging of Herbert Hoover. in general will understand how the Davis-Bacon as a reasonable, rational Let me repeat that. Two Repub- sneak attack was promulgated. The piece of Federal legislation, Federal licans, Representative Robert Bacon of sneak attack was forced upon us by a protection. It protects not only work- New York and Senator James Davis of group that pretended to be friendly to ers. It protects the quality of life and Pennsylvania, two Republicans, cre- labor. A lot of labor legislation in the the standard of living in certain areas. ated, authored the Davis-Bacon Act. last 10 years, certainly since I have It protects contractors from the as- The act was adopted in the Hoover ad- been here in this Congress, has been bi- sault that they are constantly under ministration, Herbert Hoover was partisan legislation. Even when the from unscrupulous contractors who do President, in 1931. This Davis-Bacon legislation was not bipartisan, after not want to pay their workers decent Act requires that Federal construction the legislation was passed without Re- wages, unscrupulous contractors who contracts specify the minimum wage publican votes, throughout the country do not want to pay fringe benefits, un- rates to be paid to the various classes Republicans have snuggled up to labor scrupulous contractors who will cut of laborers working under those con- leaders and pretended that they cared corners and do shoddy work in order to tracts. Minimum wages are defined as about working people. They have pre- do the job cheaper, employ workers those rates of pay found by the Sec- tended in the back-slapping kind of who did not do the job with the same retary of Labor to be prevailing, pre- manner, in the one-on-one friendships, kind of skills and place at risk the en- vailing in the locality of the project, they pretended to be friends of labor. tire job. They are constantly fighting prevailing for similar crafts and skills It is Admiral Yamamoto, the spirit of against those. So there are people on on comparable construction work. Admiral Yamamoto has been there and the management side, the contractors, It does not say that they must pay wooing labor into an ambush. That is the owners of construction industries union wages that have been negotiated what Pearl Harbor was. They am- who support Davis-Bacon as well as the in a collective bargaining process. It bushed our forces on a Sunday morn- construction workers themselves who does not. It says whatever the wages ing. Admiral Yamamoto had gone to support Davis-Bacon. are, the prevailing wages, if the area Harvard. He knew the habits of Ameri- So the attack is on them, too. Admi- has low prevailing wages. As we will cans. So he knew very well that a Sun- ral Yamamoto has attacked not only see later on in the discussion, it can day morning attack, when Americans the workers, he has attacked business- sometimes drag down the prevailing like to sleep late and they enjoy Satur- men who have been doing a good job of wage. Prevailing wages are very close day night, et cetera, he knew the hab- carrying out the process of construct- to minimum wages in some instances its. ing Federal buildings, at the same time because the prevailing wage in the So we have a group of leaders in the providing decent wages for their work- Davis-Bacon wage is very close to min- Republican majority who have been ers. imum wage because that is the prevail- very friendly with labor in the past. Mr. Speaker, let us take a look at the ing wage in the area. They knew the habits. They wooed history of Davis-Bacon. It is far from Mr. Speaker, the act does not require labor. Even Members who belong to being a radical piece of liberal legisla- that collectively bargained union unions voted uncharacteristically in tion, concocted by wild-eyed radicals, wages be paid unless such wages hap- large numbers for Members of the Re- not at all. Davis-Bacon is a piece of pen to be prevailing in the locality publican party. legislation which was designed to pro- where the work takes place. It is most Mr. Speaker, the shift over the years tect the wages and the standard of liv- unfortunate; I wish the act had re- has been away from working class peo- ing of middle class workers. Probably quired that collective bargaining rates ple voting almost 90 percent or 85 per- most of them were Republicans that have some role in guiding the level of cent Democratic to a gradual shift led they were protecting. But certainly the the Davis-Bacon wages, but they do by Ronald Reagan where working class originators of the Davis-Bacon Act not. people have voted in much larger num- were Republicans. Who was Davis, who So Davis-Bacon is under attack. The bers for Members of the Republican was Bacon? Representative Robert Republican created Davis-Bacon Act, majority. They have wooed the work- Bacon was a Republican from New the Davis-Bacon Act signed by Presi- ing class vote very well, but now the York. New York, my home State, is al- dent Herbert Hoover, a Republican sneak attack has come. In an over- ways associated with radicals and lib- President, under attack. And even whelming force it has come down for erals, and nothing for the middle class, later, the Republicans showed their the first half of the 104th Congress and nothing for the working population support for Davis-Bacon under the we have beat it back. We have stopped comes out of New York, if you accept most popular Republican President them on Davis-Bacon. They have not the kind of stereotype that has been probably in history, save since Abra- yet succeeded in repealing Davis-Bacon painted of New York by certain people. ham Lincoln: Ronald Reagan. Under although a bill was introduced very But out of New York came a bill to Ronald Reagan Davis-Bacon was rein- early to repeal Davis-Bacon, just repeal protect construction workers. forced. Ronald Reagan said he did not it outright, wipe it out. No reform of Robert Bacon, Representative Robert want the Davis-Bacon Act tampered Davis-Bacon, no adjustment of Davis- Bacon of New York was a Republican. with. Bacon, wipe it out; that was the cry, Senator James Davis of Pennsylvania, He wrote a letter in September 1981 wipe out Davis-Bacon. another east coast State, not with a to Mr. Robert Georgine, President of The same legislation called for wip- radical reputation like New York, but Building and Construction Trades De- ing out the national service contract. it is on the east coast, and you might partment of the AFL–CIO. Ronald The service contract is a companion say that that is where the liberals live, Reagan wrote a letter which says: bill, companion act to Davis-Bacon, that is where progressives live. That is Dear Bob, I want to acknowledge the which came along late which protects where the people who gave us the New Building and Construction Trades Depart- workers in Federal installations, the Deal and the Great Society, all came ment letter of September 11 concerning ef- actual people who do the janitorial from the east coast. No, Senator James forts to repeal the Davis-Bacon Act. I have May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5373 asked the Secretary of Labor to respond di- public housing, the construction of the employer can dictate the terms and rectly, but I want to assure you and your public housing with Federal funds, not pay for your extra work and your general president that I will continue to sup- there was a clause written in there extra time and the extra travel miles port my campaign pledge to not seek repeal which said that Davis-Bacon would not that you may put in. That may be at- of the act. With best wishes, very sincerely, Ronald Reagan. apply to housing units, to housing, tached to the minimum wage. You may which has less than 12 units. If you had have two items, two attacks guerrilla So here we have a history, not an- a certain number of units, below that warfare-style, on workers in the mini- cient history, but recent history, and number you did not have to apply mum wage bill. Ronald Reagan is in support of Davis- Davis-Bacon. Puts everybody on the spot. You all Bacon. If you look at the records of the That was just sneaked into the legis- want a minimum wage increase. The House of Representatives, you will find lation and caught everybody by sur- fact it is coming on the bill means that the last time a vote was taken on prise. It was a guerrilla warfare tactic, the Republican majority is finally not Davis-Bacon on the floor of the House and by the time the forces that want to treating the American public with con- it was bipartisan. There were demo- see Davis-Bacon continue recovered, I tempt. They are finally going to bow to crats and Republicans voting for it, am afraid they were too dizzy, too the wisdom and bow to the common and Democrats and Republicans voted shaken, to really reason straight be- sense of the American people. against it. Always bipartisan. So why cause there was a compromise made, You know more than 74 percent of did we wake up following the victory of and that is part of the law now. Public the American people say that we need the Republican majority and have Ad- to raise the minimum wage at this miral Yamamoto-style Pearl Harbor housing units; I think 10 or 12 or 20, I do not remember exactly; if it is below point, that nobody can live on $8,400 a secret attack on working people in gen- year. Even if you put in all of those 40 eral and Davis-Bacon in particular? that number of units, then Davis- Bacon does not apply. We do not know hours every week for 52 weeks, that is Why? all you get, $8,400 a year. Now, know by what dollar figure is related. For con- Mr. Speaker, the attack now has be- Republican standards we have heard structing public housing in certain come very well orchestrated. As I said certain spokesmen, spokespersons, on parts of the country, you may be talk- before, Pearl Harbor was an open on- the floor who are Republicans who ing about $5 million or $6 million for slaught. Pearl Harbor was not guerilla talked about, you know, middle class that number of units. We do not know warfare. That was direct attack. They starts at $100,000, so they have lost how that translates. We do not know threw everything they had from the air their sense of perspective as to what whether when you start talking about on Pearl Harbor. They did not succeed people need to live on, and they just do units in public housing, later on it is in winning the war in the Pacific. They not believe that it is true that there going to be other kinds of units apply- did not succeed in winning the war. are people out there who only make ing to office buildings that are being Warfare of that kind is seldom now. $8,400 a year under the minimum wage. constructed by Federal money by con- From that point on, after World War II, Minimum wage is $4.25 an hour; that is struction workers. with the defeat of Nazi Germany and what it comes out to. Well, it is not the defeat of the Japanese, very seldom It is a guerrilla warfare tactic that paid off, in my opinion. There is some going to be more than about a thou- has anybody contemplated, except the sand dollars more once you get the 90 Soviet Union, an all-out war directly that think it is not difficult, did not do that much damage, but it is indicative cent increase that the Democrats are being waged on the United States of proposing, but at least it is going for- America. But we have suffered greatly of the kind of guerrilla warfare tactics that are being waged, the kind of tactic ward. in guerilla warfare type actions. Viet- A family that is very poor can cer- that we are going to see take place on nam was guerilla warfare, not a direct tainly use another thousand dollars to the floor of the House this week where onslaught. They did not come out and buy some groceries, some shoes for the face American military power head on they are proposing to put the mini- kids, and a thousand dollars goes a but guerilla warfare. mum-wage law, an increase in the min- long way when you are poor. Now we have the guerilla warfare imum wage, will be placed on the floor I will have you know that my father against Davis-Bacon and other work- some time this week, and that increase was very skilled in the furniture mak- place protection legislation. The gue- in the minimum wage which is pro- ing business, in the mill department, rilla warfare is deadly. It is poisonous. posed by the Democrats to be 90 cents highly praised by his foremen and his Most of all, it takes advantage of the over a 2-year period, it may be more or bosses when they brought in new ma- fact that now there is an atmosphere of less as the Republicans put it on the chinery and he figured out how to optimism, of an optimism that is not floor, but that increase that they are make it work, and only he could make justified. There is an atmosphere of op- proposing will be tied to another guer- it work and not have the boards burn- timism which is seeping over the pro- rilla warfare attack on workers. ing. And they, one time they got angry gressive Democrat friendly to labor The Team Act is going to be part of with him for some reason, they laid forces in this Congress. it, or it may have the Team Act and him off, and so many boards were burn- the Porter Act. What is the Porter Act. b 2130 ing in the mill department until they It is a small matter relating to the re- came to get him a few days later so All too early we have declared that quirement that when you are asked by that he could get the assembly line the Republicans have lost and the your employer to take care of a vehicle started again and stop the boards from American people understand clearly overnight, and you may take it home burning. There was a little trick that what is at issue here and that the with you, whatever, it is necessary to he had that he told me about, about Democrats are going to roll to victory, take care of it, you do that, and you how you slap a little glue on the end of working people need not fear, the legis- may be required to do some other the boards as they are going out, and it lation will not be wiped out, they will things like check or take it by the sta- keeps the boards from burning, that he be saved. It is a premature declaration tion to check the oil, various other never told them about. of victory because now that the things, or you may be required instead But at any rate, with all that kind of Yamamoto Pearl Harbor-style attack, of going home to make a stop on the basic, fundamental skill in what was only it was not a sneak attack, it was way. Instead of coming straight from called an entry-level, nonskilled job, still a direct attack, has failed, they the home to the job, you may be re- but really required some skill and some are pursuing guerrilla warfare, and the quired to drive an extra amount of know-how and some common sense, he guerrilla warfare means that in every miles to some other location. When- never made more than the minimum possible way they will be attacking ever there is that extra requirement wage. They never paid the workers at labor from behind the lines, from the which means that you are doing labor the Memphis Furniture Factory more side, from underneath. for your employer, you have to be paid than the minimum wage, and only We had a housing bill on the floor a for it under the law. when the minimum wage went up did little more than 2 weeks ago, and in But now they are proposing a change he get an increase. the bill which dealt with public hous- which would require that that never So there are jobs in this country still ing, the part of the bill that dealt with apply. If you are taking it overnight, like that where you do not get more H5374 CONGRESSIONAL RECORD — HOUSE May 21, 1996 than the minimum wage in certain that went on in certain parts of the country. And what was happening is parts of the country, so the fact that country, the rampant discrimination that unscrupulous contractors, people there are large numbers of workers that prevailed throughout the Nation. who have the same mentality as the who make above the minimum wage, You know, no relief will the major- plantation owners, were taking advan- there are a great percentage of workers ity, Republican majority, allow. They tage of the fact that was 1931, a period in America who make above the mini- want to roll back all of the laws and all where people were desperate for work; mum wage, does not mean that the 20 of the provisions that have been made all over the country workers were des- million or more out are on minimum which proposed to give relief to people perate for work. wage cannot use an increase. who have suffered from racism, par- f So I applaud the wisdom, the com- ticularly the African-American com- b mon sense, of American people who in munity, and I say ‘‘particularly’’ be- 2145 the polls keep saying you need to give cause the African-American commu- If they were desperate for work all a minimum wage increase. I applaud nity is a special community among the over the country, you can imagine that that. We are going to have it on the minority groups. The African-Amer- poor workers who were black, African- floor because the Republican majority ican community is unique because the Americans in the South, or who hap- has finally bowed to the wisdom of the African-American community is made pened to be of Hispanic origin in the American people. up of the descendants of slaves. The de- West or Southwest, those were the But in that package there will be a scendants of slaves are people who were workers who were most desperate. So guerrilla war poison pill. There will be brought here, not as immigrants; they these most desperate workers were a land mine, a couple of land mines did not come voluntarily. They were being picked up in trucks and carted maybe, but at least one. They are brought against their will. The de- about all over the country. If you going to wage that kind of guerrilla scendants of people who were brought think the conditions for immigrants on war fare, and Davis-Bacon, of course, is against their will here, the descendants farms are bad, you should take a look one of the victims. of slaves, were made to suffer for 232 at the kinds of conditions these people One of the things that have decided years. had to live under. to do is to go after Davis-Bacon by un- Immigrants come, and they have dif- These people did not have open fields, dermining the basic concept in terms ficult, hard times for a couple of gen- at least, to compensate for some of of it is an effort to keep the level of erations, maybe. But nobody else in their suffering, to relieve themselves of wages in a given community at the the fabric of American life has been the kinds of horrors of being crowded level of the wages in that community made, no other group has been made, into trucks. They could at least, if by not having a Federal project come to suffer 232 years of legal slavery, they were farm workers, get out and go in and pay less and undermine that legal enslavement, and then, after for long walks and have the joys of wage structure. Instead, the Federal that, all kinds of forms of subslavery countryside. But when they were cart- project is governed by what is prevail- and oppression. So we are unique. ed into big cities, they were forced to ing already, and unfortunately I would The Republican majority has refused sleep in cramped quarters, and they like to see Federal projects raise the to provide any relief. They have offered were just there, Davis-Bacon utilized level of wages but unfortunately they nothing new, and they have attacked as chattel in the making of big profits do not do that. What they do is merely everything that exists that was gen- by a few unscrupulous contractors, the seek not to undermine the level of erated by the New Deal, the Great So- people who never get enough. wages. ciety, the civil rights movement. Ev- There are people who just never get So Davis-Bacon is not going to be al- erything is under attack related to dis- enough. They do not want to make lowed to do that if the Republic guer- crimination and racist relief from dis- profits. They want to make a killing on rilla tactics could work. What they are crimination and relief from racism. every deal. They want to make the saying is first is costs the American But the same people who placed it maximum on every job. They want to people too much; second, and I will not under attack are now saying that they rob the Federal Government of every go into all of the particular guerrilla do not like Davis-Bacon, they want penny. They were not getting less from warfare attaches that are being staged Davis-Bacon to be repealed, destroyed, the government, they were paying at this point, we will just talk about because it is racist. workers less. They were increasing one today and maybe we will pick up How great can the degree of hypoc- their profits by paying the workers on some of the others later. risy become? You cannot surpass that less. They could bid a little lower on Today I would like to talk about the in terms of the hypocrisy. That is un- the job and undercut the local contrac- charge that Davis-Bacon is racist. Now, abashed, blatant: ‘‘Davis-Bacon is bad tors because they were paying the stop for a moment and consider the because it is racist.’’ workers, who were like chattel, fact that the Republican majority of Even if it were true, one could just semislaves. They were paying them so this 104th Congress is now waging a dismiss the Republican majority’s uti- much less that they could undercut guerrilla attack on Davis-Bacon, and lization of that as a ploy because they and win the job, and throw out of kilter its tactic, one of its tactics, is to ac- cannot be about relieving anybody the whole work force of a given area as cuse the Davis-Bacon Act of being a from the scourges of racism. But it is a result of bringing in large numbers of racist act, the Davis-Bacon program of not true. It is a big lie that is being desperate workers. being a racist program. All of a sudden, generated, and they are going to try to Among those desperate workers, and you know, all of a sudden, we have a use the big lie technique, like Herman they were not the majority, among great concern about racism being Goebbels under Hitler: If you say it those desperate workers were workers manifested from the Republican major- often enough and keep saying it, then who were black, workers of African de- ity side of the aisle. All of a sudden people begin to believe it is true. So scent, so there is a grain of truth that there is a concern with racism. over and over again you hear that in the case of Mr. Davis and Mr. Bacon, We have suffered from the Repub- Davis-Bacon is racist, Davis-Bacon is they were protecting local workers lican majority’s attacks on affirmative racist. from outside workers. Some of those action all year long, ever since they What is the germ of truth there that workers were black. So they have came to power in the 104th Congress, they are utilizing? One germ of truth twisted that to mean Davis and Bacon November of 1994, one attack after an- there is that when Mr. Davis and Mr. were trying to preserve jobs for white other on affirmative action. on set- Bacon, Senator Davis and Representa- construction workers against the needs asides, on the Voting Rights Act. You tive Bacon, two Republicans, when of black workers, or to undercut the name it, anything related to trying to they developed the Davis-Bacon Act, provision of jobs to black workers who give some relief from the horror of rac- they were trying to protect local work- were being brought in from all over the ism, from the disadvantages of racism, ers in neighborhoods throughout the country under terrible conditions, and from the long history of racism, from country, mainly those neighborhoods being forced to work for the very the effects of 232 years of slavery and a in the Northeast that has higher stand- cheapest possible labor, in many cases hundred years of de facto oppression ards of living than other parts of the just food and shelter. May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5375 There is a grain of truth there, but in Vietnam or any other place in the night contractors. It provides essential that is all it is, a grain of truth. What world, fanatics are at a great advan- protection of workers. It encourages has happened in the construction in- tage in guerrilla warfare. Fanaticism, higher quality of workmanship and dustry is that there has been a history of course, is part of what drives it. It saves dollars on Federal construction of discrimination. It is one of those dif- make it very hard to defeat. projects. Davis-Bacon has been a sta- ficult industries for blacks to get into. We have some fanaticism at work bilizing influence upon the construc- African-Americans have had a long here, people who refuse to see the facts tion industry and has enjoyed strong struggle with the construction indus- and refuse to admit to the logic of the bipartisan support. Even former Presi- try, but Davis-Bacon has not made it situation. Testimony submitted by a dent Ronald Reagan, the most revered worse. In fact, Davis-Bacon has made it Department of Labor official to the of all Republicans, as I said before, said better. Senate Subcommittee on Labor con- that he would not repeal Davis-Bacon. The one instrument, the one weapon tains a vivid description of just how Mr. Speaker, additionally, it is im- to fight discrimination that has been Davis-Bacon violations can have a par- portant to note that while the Repub- effective in the construction industry ticularly harsh effect on minority lican majority of the 104th Congress has been Davis-Bacon. Past and present workers. I will quote from the testi- who have fought affirmative action, history demonstrates that Davis-Bacon mony. I will cite the testimony. who are against set-asides, who have benefits minority workers by seeking One Arkansas contractor, for exam- attacked voting rights, who have never to ensure the equal and fair treatment ple, was found owing $7,000 in back done anything to try to combat dis- of all employees, and that regardless of wages to employees. The payroll was crimination, they are saying Davis- race or color, each workers will be paid falsified to show compliance. The em- Bacon is racist; but on the other hand, at least the locally prevailing wage. ployees were all black, in this case. many representatives of the African- As Dr. John T. Dunlop, the former This was a case where Davis-Bacon ex- American community have supported Secretary of Labor under a Republican isted, but the fact that the contractor and are supporting Davis-Bacon be- President named Ford, Gerald Ford, was cheating and not complying with cause of its role in protecting minority Dr. Dunlop said, ‘‘By protections flow- Davis-Bacon was to the distinct dis- workers. Norman Hill, the President of the A. ing from the Davis-Bacon Act, in part, advantage of the workers who were mi- Phillip Randolph Institute, has ac- the lot of minorities has been approved nority, black. The employees were all knowledged the importance of Davis- dramatically.’’ black, and yet this is another example Bacon: ‘‘In preventing exploitation of Mr. Speaker, the Davis-Bacon Act re- of how they can be exploited by an un- minority construction workers, Davis- quires that workers on federally funded scrupulous employer. Bacon is very important.’’ Moreover, construction projects be paid the wages In another case, many forms of leading organizations that represent and benefits that prevail in their com- cheating employees were used. The minorities and women support Davis- munities. This requirement plays a firm took the easy route of employing Bacon: the NAACP, the National Wom- critical role in bringing minorities into primarily undocumented workers. This en’s Political Caucus, the Navajo Trib- the middle class. Small and minority is under a contract where they should al Council, the Mexican-American contractors have also been found to have been following Davis-Bacon re- Unity Council, and the National Alli- benefit from the Davis-Bacon Act. quirements. They employed undocu- ance for Fair Contracting, which rep- Smaller Federal construction jobs, mented workers. These workers will resents more than 21,000 construction because of the quality of the bidding not complain, of course. They are on contractors, have expressly endorsed opportunity provided by Davis-Bacon, the spot. They are in a situation where the Davis-Bacon Act. serves as entry for small contractors they are guilty, so they would never If the protections of the Davis-Bacon into the construction industry. Small expose what the contractors are doing. Act were removed, many more minor- and minority contractors may compete They present an ideal work force for ity workers would face exploitation. with large contractors. Because of the those who would exploit labor in gov- All construction workers, including control on the wages and because of ernment jobs. minority workers, will be forced to ac- This subcontract was for the fabrica- the greater concentration of minority cept lower wages at reduced or no bene- contractors in the ranks of these tion, transportation, and installation fits when working on Federal construc- smaller contractors, the entry of mi- of a bridge railing on a bridge across tion projects. To claim that reducing nority contractors into the construc- the Potomac River. The company em- the wages and benefits of minority tion industry will be severely curtailed ployed undocumented workers at rates workers is somehow in their best inter- if the Davis-Bacon provisions are lifted of $10 per day, plus food and lodging, est is ludicrous, inane, and smacks of from smaller Federal jobs. for workdays of 7 to 10 hours daily, 60 the worst kind of racism and paternal- We will hurt a lot of small and mi- and 7 days a week. It should be noted ism. nority contractors if we take away the that this contractor was transporting Those who are claiming that Davis- Davis-Bacon Act protections, because many undocumented aliens from the Bacon should be repealed and destroyed the Davis-Bacon Act does keep wages south Texas area, where wage rates are because it is racist are contemptuously at an even keel, and the small contrac- lower, to the Washington, DC area, misusing the race issue and the people tors know exactly what that is. They which pays prevailing higher rates. protected by the Davis-Bacon, the mi- can make their bids. They will not be Here is another example where even nority workers protected by the Davis- undercut by contractors who could be today we have a situation which is as Bacon Act. unscrupulous in their methods, and it bad as the situation that Representa- The misnomer is that Davis-Bacon stabilizes the situation so even the mi- tive Bacon and Senator Davis were try- and union coverage are equal is also nority contractors benefit, let alone ing to combat in 1931. not true. The charge that Davis-Bacon the minority construction workers. Violations continue to mount as cor- hampers union apprenticeship is noth- Even with the Davis-Bacon Act in rupt and unethical contractors come ing more than transparent ploys of the place, exploitation of minority workers on the scene and old contractors take conservative Republican right. The goes on today by dishonest contrac- more chances or become more inven- conservative Republican right ignores tors, the same kinds of contractors tive in their efforts to evade the re- the simple facts that Davis-Bacon pro- who caused Mr. Davis and Mr. Bacon to quirements of the act. Outright fal- tects all workers, regardless of whether develop the Davis-Bacon Act. They sification and concealment is still they have affiliations to organized still exist. This is an issue that the re- found in many cases. labor. peal forces, the guerrilla attack forces Let me just dispel yet another myth. Further, data from the Department of the Republican majority, have re- That is the myth that Davis-Bacon of Labor’s Bureau of Apprenticeship fused to address. necessarily increases the cost of public and Training Programs shows that mi- As a matter of fact, the zeal of the construction, and that it is difficult to nority participation in union appren- Republican majority does more to administer and is obsolete. What ticeship programs is consistently high- honor fanaticism in this respect. As Davis-Bacon does is prevent unfair er than minority participation in non- you know, in fighting guerrilla warfare competition from low-wage, fly-by- union programs. The same data reveals H5376 CONGRESSIONAL RECORD — HOUSE May 21, 1996 that the drop-out rate of minorities slaught, so now we are faced with more tially higher in management-union from apprenticeship programs is much guerrilla warfare. The Admiral training programs than in nonunion so- lower in union programs than it is in Yamamoto surprise attack, the Pearl called training programs. nonunion programs. Harbor attack on workers in America In light of these facts, the statement Why am I talking about union pro- which is across the border, Davis- from the National Alliance for Fair grams? Because where Davis-Bacon Bacon is just one of the targets. Davis- Contracting asks: How can anyone ever does exit, always there are unions, and Bacon is the target they went at in the again believe anything that is said by unions and management work together first half of the 104th Congress. the Davis-Bacon opponents? under Davis-Bacon programs to provide They have failed. They have not suc- Certainly we conclude that the apprenticeship programs and training ceeded in achieving a single one of charge that Davis-Bacon is racist is a programs, and Davis-Bacon has thus their war objectives in fighting work- fabricated charge which has no sub- become a weapon, an instrument, a ers and worker protection. They have stantiation. In the future, we will also tool for ending some of the historic dis- failed. go on to prove that other charges made crimination in the construction indus- In the process of failing, however, against Davis-Bacon are also untrue. try. they have decided not to give up the We will talk at a later date about the Historically, the construction indus- fight. They have not been defeated yet. fact that Davis-Bacon wages in many try has to face up to the fact that it We have premature judgments on the States are almost at the level of mini- has not been a wide open field for mi- fact that things have changed. They mum wage wages. We will talk about norities. In fact, when I was a member might not yet have been defeated. They the fact that Davis-Bacon wages in of the Brooklyn Congress of Racial will regroup. They have regrouped. We many States are poverty wages. They Equality, one of the biggest projects we are facing a situation now with guer- are at the minimum wage stage and had was a program to try to integrate rilla warfare. they keep people in poverty. a construction job in the building of There was an item that appeared in But that is not an objective of Davis- the Downstate Medical Center. We had the Roll Call Monday, May 20, an ad- Bacon. They are neutral on the ques- 800 people arrested in that process of vertisement which says at the top: ‘‘Is tion of poverty, on the question of integrating the construction force Davis-Bacon Racist? Some Members of unions. Davis-Bacon is driven by the working on that huge medical complex Congress and their special interest al- prevailing wage of the given area. at Downstate Medical Center. That was lies are peddling the argument that So we know now that the Pearl Har- about 25 years ago. Davis-Bacon is racist and harmful to bor type attack that the Republican Apprenticeship programs and train- minorities. But the following groups, majority has waged against working ing programs of the kind that are now representing millions of Americans people and against organized labor has being offered under the combined ef- throughout the Nation, strongly sup- failed. forts of the contractors, and the unions port the act.’’ I want to end by warning all of those who are under the Davis-Bacon pro- Mr. Speaker, I will not read the ad- who think that we can optimistically gram did not exist then, and now, of vertisement totally, but I include this conclude that the attack is over, that course, they exist in great numbers. item, ‘‘Is Davis-Bacon Racist?’’ which workers of America are safe, that they The protections provided by the appeared in Roll Call on Monday, May can rest easy, their overtime will not Davis-Bacon Act, the wages and bene- 20th in its entirety. be taken away from them, that their fits, are especially important to minor- Mr. Speaker, I also include the letter right to organize will not be taken ity employees. As former Secretary of from President Ronald Reagan to Mr. away from them by the TEAM Act, Labor Ray Marshall has observed, ‘‘The Robert Georgine on September 29, 1981, that the National Labor Relations workers most often victimized by un- in its entirety. Board that governs all the national scrupulous contracts are the minority Finally, Mr. Speaker, I include a doc- labor relations regulations will not be workers, whether he or she is black, ument which is addressed to all Mem- crippled by the fact that its funding is Hispanic, native American, or an un- bers of Congress from the National Al- taken away, anybody who thinks that documented worker, Davis-Bacon is an liance for Fair Contracting, in its en- all of this is a danger that has now integral part of ensuring a decent life tirely. passed, I hope you are now awakened for the hardworking men and women of In this document, it states and points to the danger. the construction industry. out the fact that in nine States that We are not facing the Pearl Harbor I think, without a doubt, we can note have repealed the prevailing wage stat- type onslaught of Yamamoto anymore. that the people who care about dis- utes, minority representation and par- It is guerrilla warfare. The guerrilla crimination, people who care about ticipation in skilled training programs warfare is even more dangerous, and we being victimized by racism, people who has fallen almost 50 percent. In the must keep our heads straight and keep have led the fight against discrimina- States that had prevailing wage stat- our common sense focused on the real tion in industry, even in the construc- utes for the State, when they repealed problem. tion industry, are saying that Davis- them, the minority representation in The problem is that we have a Repub- Bacon is not the problem, Davis-Bacon training programs went down. Now it lican majority that for some reason is part of the solution. has fallen almost 50 percent in the nine that they did not tell us, for some rea- Let me just close by stating that we States that repealed the prevailing son they have declared war on the have numerous examples of the ways in wage statutes. workers of America, and we would like which the Davis-Bacon Act has helped In States without prevailing wage to see them surrender. We would like the situation with respect to employ- laws, the ratio of black to white con- to see them give up that war and let us ment of minorities. We have more than struction employment is highest, con- together again try to strive to improve 21,000 contractors who are a strong trary to the claims by the anti-Davis- the working conditions of all Ameri- voice in the construction industry, and Bacon organizations. cans and share the great prosperity of they are urging that we support Davis- According to the Department of this Nation. Bacon reform. H.R. 2472 and S. 1183 are Labor, in 1981 the percentage of minori- IS DAVIS-BACON RACIST? both bills to reform Davis-Bacon and ties in high skill pay categories em- Some Members of Congress and their spe- not to destroy the Davis-Bacon Act. ployed by contractors working on fed- cial interest allies are peddling the argu- Those two measures would be an ample erally funded Davis-Bacon projects was ment that Davis-Bacon is racist and harmful substitute for the Republican major- greater than the percentage of minori- to minorities. But the following groups, rep- ity’s attempt to outright repeal Davis- ties employed by non-Federal, non- resenting millions of Americans throughout Bacon. Davis-Bacon project contractors. the nation, strongly support the ACT: Furthermore, the U.S. Department of In fact, the NAACP has passed a resolution f stating, ‘‘Whereas the Davis-Bacon Act pro- Labor’s Bureau of Apprenticeship and b 2200 tects the wages of all construction workers, Training has reported that minority including minorities and women, who are As I said before, the repeal effort has participation, both in terms of percent- particularly vulnerable to exploitation . . . not been successful in a direct on- ages and absolute numbers, is substan- Be it resolved that the NAACP goes on May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5377 record against any effort to repeal the Davis- According to the Department of Labor, in One Arkansas contractor was found owing Bacon Act and deny workers in the construc- 1991 the percentage of minorities in high- $7,000 in back wages to employees. Payrolls tion industry a fair wage.’’ skill pay categories employed by contractors were falsified to show compliance. . . the Why would Davis-Bacon’s opponents use working on federally-funded Davis-Bacon employees were all black and yet another ex- race as an argument when, according to the projects was Greater than the percentage of ample of a group exploited by an unscrupu- Labor Department, more minorities work on minorities employed by non-federal, non- lous employer. Davis-Bacon projects than are employed on Davis-Bacon project contractors. In another case, many forms of cheating all non-Davis-Bacon projects across the The US Department of Labor’s Bureau of employees were used. The firm took the easy country? Apprenticeship and Training (BAT) has re- route of employing primarily undocumented And why would they resort to such ugly ported that minority participation, both in workers. These workers will not complain. accusations when the fact is the GAO says terms of percentages and absolute numbers, They represent an ideal workforce for those the proportion of minorities in apprentice- is substantially higher in management-union who would exploit labor in government ship programs in the U.S. has increased to training programs than in non-union ‘‘so jobs. . . This subcontract was for the fab- more than 24% of all apprentices? called’’ training programs. rication, transportation, and installation of Are they unaware of the fact that minority In light of these facts, how can anyone bridge railing on a bridge across the Poto- participation in management-labor training ever again believe anything that is said by mac River. The company employed undocu- programs is more than double that in non- Davis-Bacon opponents? mented workers at rates of $10.00 per day union programs, and that 95% of all minority plus food and lodging for work days of 7 to 10 graduates of apprenticeship programs come STATEMENT OF HON. MAJOR R. OWENS, ‘‘IS hours daily, 6 and 7 days a week. It should be up that way? DAVIS-BACON RACIST?’’—MAY 21, 1996 noted that this contractor is transporting Evidently, there’s no limit to the misin- many undocumented aliens from the South Thank you, Mr. Chairman for the oppor- formation Davis-Bacon’s opponent’s are will- Texas area where wage rates are lower, to tunity to submit this statement for the ing to spread, no argument too base or vul- the Washington, DC area with prevailing record. The Republicans often ask the pa- gar for them to use for purely political mo- higher rates. tronizing question, is The Davis-Bacon Act tives. Violations continued to mount as corrupt More than 21,000 contractors—the real racist? The answer is a resounding and un- and unethical contractors come on the scene voice of the construction industry—urge sup- equivocal NO! Don’t be misled by one of the and old contractors take more chances and port of Davis-Bacon reform: H.R. 2472 and S. most scurrilous, condescending and know- become more inventive in their efforts to 1183. We represent a diverse, non partisan as- ingly untrue claims against the Davis-Bacon evade the requirements of the Act. Outright sociation of businessmen and women from Act, Claiming the Act discriminates against falsification and concealment is still found every corner of the United States. We wel- minorities is a blatant attempt to divert at- in many cases. come an honest debate, based on facts. Rac- tention away from the real issue. Why would Let me dispel another myth; that Davis- ism? Check the source. Davis-Bacon critics use race as an argument Bacon unnecessarily increases the costs of when, according to the Labor Department, public construction, that it is difficult to ad- THE WHITE HOUSE, more minorities work on Davis-Bacon minister and is obsolete. What Davis-Bacon Washington, September 29, 1981. projects than are employed on all non-Davis- does is prevent unfair competition from low- DEAR BOB: I want to acknowledge the Bacon projects across the country? Further, wage ‘‘fly-by-night’’ contractors, provide es- Building and Construction Trades Depart- one need only look at a letter from the Con- sential protection for workers, and encour- ment letter of September 11 concerning ef- gressional Black Caucus dated December 13, age higher quality workmanship—and save forts to repeal the Davis-Bacon Act. I have 1995 to ABC’s ‘‘20/20’’ supporting continu- dollars on federal construction projects. asked the Secretary of Labor to respond di- ation of the Act. And if that were not enough Davis-Bacon has been a stabilizing influence rectly, but I want to assure you and your concrete evidence, almost every major civil upon the construction industry and has en- General Presidents that I will continue to rights and related group representing mi- joyed strong bipartisan support. support my campaign pledge to not seek re- norities and women supports the Davis- Even former President Ronald Reagan, the peal of the Act. Bacon Act and prevailing wage statues. most revered of all Republicans, is quoted as With best wishes. In fact, past and present history dem- saying, ‘‘I would not seek repeal of the Very sincerely, onstrates that Davis-Bacon benefits minor- Davis-Bacon Act.’’ Additionally, many rep- RONALD REAGAN. ity workers by seeking to ensure the equal resentatives of the African American com- and fair treatment of all employees and that munity have supported Davis-Bacon because DAVIS-BACON BENEFITS MINORITY JOB OPPOR- regardless of race, each worker will be paid of its role in protecting minority workers. TUNITIES AND IS SUPPORTED BY ALL LEAD- at least the locally prevailing wage. And as Normal Hill, President of the A. Philip Ran- ING MINORITY ORGANIZATIONS Dr. John T. Dunlop, Former Secretary of dolph Institute has acknowledged the impor- Don’t be misled by one of the most scur- Labor under President Ford said, ‘‘By pro- tance of Davis-Bacon ‘‘in preventing exploi- rilous, patronizing and knowingly untrue tections flowing from the Davis-Bacon Act in tation of minority construction workers.’’ claims against the Davis-Bacon Act. Claim- part, the loss of minorities has been im- Moreover, leading organizations that rep- ing the Act discriminates against minorities proved dramatically.’’ resent minorities and women support Davis- is a blatant attempt to divert attention The Davis-Bacon Act requires that workers Bacon. The NAACP, the National Women’s away from the real issue. To quickly dispel on federally-funded construction projects be Political Caucus, the Navajo Tribal Council, this discrimination lie, all you need to do is paid the wages and benefits that prevail in the Mexican American Unity Council, and look at the many minority organizations their communities. This requirement plays a the National Alliance for Fair Contracting, that support the Act. critical role in bringing minorities into the which represents more than 21,000 construc- In fact, past and present history dem- middle class. Smaller minority contractors tion contractors, have expressly endorsed onstrates that Davis-Bacon benefits minor- have also been found to benefit from the the Davis-Bacon Act. ity workers by seeking to ensure the equal Davis-Bacon Act. Smaller federal construc- If the protections of the Davis-Bacon were and fair treatment of all employees and that, tion jobs, because of the equality of bidding removed, many more minority workers regardless of race, each worker will be paid opportunity provided by Davis-Bacon, serve would face exploitation. All construction at least the locally prevailing wage. Accord- as entry for small contractors into the con- workers, including minority workers, would ing to Former Secretary of Labor Ray Mar- struction industry. The smaller minority be forced to accept lower wages and reduced shall, the ‘‘workers most often victimized by contractor may compete with large contrac- or no benefits when working on federal con- unscrupulous contracts are minority work- tors because of the control on wages. And, struction projects. To claim that reducing ers. . .’’ because of the greater concentration of mi- the wages and benefits of minority workers The National Alliance for Fair Contracting nority contractors in the ranks of these is somehow in their best interest is ludi- and its 21,000 contractors is proud to join the smaller contractors, the entity of minority crous, inane, and, smacks of the worst sort of nation’s leading minority organizations in contractors into the construction industry racism and paternalism. urging your support for the Davis-Bacon Act. will be severely curtailed if the Davis-Bacon The misnomers that Davis-Bacon and While the record documenting that Davis- provisions are lifted from smaller federal union coverage are equal, or that it hampers Bacon plays a major role in bringing minori- jobs. union apprenticeships, are nothing more ties into the middle class is overwhelming, Even with the Davis-Bacon Act in place, than transparent ploys of the conservative we ask that you also consider the following exploitation of minority workers goes on Republican right. They ignore the simple facts: today by dishonest contractors. This is an facts that Davis-Bacon protects ALL work- In the nine states that have repealed their issue that the repeal zealots have refused to ers, regardless of their affiliation to orga- prevailing wage statutes, minority participa- address. As a matter of fact, their zeal bor- nized labor. Further, data from the Depart- tion in skilled training programs fell almost ders on fanaticism. For example, testimony ment of Labor’s Bureau of Apprenticeship 50 percent. submitted by a Department of Labor official and Training, shows that minority participa- In states without prevailing wage laws, the to the Senate Subcommittee on Labor con- tion in union apprenticeship programs is ratio of black to white construction unem- tained a vivid description of just how Davis- consistently higher than minority participa- ployment is highest, contrary to claims Bacon violations can have a particularly tion in non-union programs. The same data made by anti-Davis-Bacon organizations. harsh impact on minority workers: reveals that the drop-out rate of minorities H5378 CONGRESSIONAL RECORD — HOUSE May 21, 1996 from apprenticeship programs is much lower EXTENSION OF REMARKS 3101. A letter from the Under Secretary of in union programs than it is in non-union Defense, transmitting the Department’s re- programs. By unanimous consent, permission to port entitled ‘‘Report to Congress: The Inter- The protections provided by the Davis- revise and extend remarks was granted national Cooperative Research and Develop- Bacon Act to wages and benefits are espe- to: ment Program,’’ pursuant to 10 U.S.C. cially important to minority employees. As (The following Members (at the re- 2350(f)(1); to the Committee on National Se- former Secretary of Labor Ray Marshall has quest of Mr. BEILENSON) and to include curity. observed, ‘‘the workers most often victim- extraneous matter:) 3102. A letter from the Director, Defense Procurement, Department of Defense, trans- ized by unscrupulous contractors are the mi- Mr. GORDON in 10 instances. mitting the Department’s final rule—Defense nority workers, whether he or she is Black, Mr. BARRETT of Wisconsin. Hispanic, a native American or an undocu- Federal Acquisition Regulation Supplement; Mr. LIPINSKI. mented worker. . . Davis-Bacon is an inte- Direct Submission of Vouchers to Disbursing gral part of ensuring a decent life for the Mr. JOHNSON of South Dakota. Office (DFARS Case 96–D007) received May hardworking men and women in the con- Mr. MATSUI. 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to struction industry.’’ Mr. FAZIO of California in two in- the Committee on National Security. 3103. A letter from the Director, Defense f stances. Mr. UNDERWOOD in two instances. Procurement, Department of Defense, trans- mitting the Department’s final rule—Defense REPORT ON RESOLUTION PROVID- Mr. BAESLER. Federal Acquisition Regulation Supplement; ING FOR CONSIDERATION OF Mr. ANDREWS. Institutions of Higher Education (DFARS H.R. 3448, SMALL BUSINESS JOB Mr. MANTON. Case 96–D305) received May 20, 1996, pursuant PROTECTION ACT, AND H.R. 1227, Mr. MASCARA. to 5 U.S.C. 801(a)(1)(A); to the Committee on EMPLOYEE COMMUTING FLEXI- Mrs. MEEK of Florida. National Security. BILITY ACT Mr. ACKERMAN. 3104. A letter from the Director, Office of Regulatory Management and Information, Mr. SOLOMON, from the Committee Mr. STOKES in two instances. Mr. SCHUMER. Environmental Protection Agency, transmit- on Rules, submitted a privileged report (The following Members (at the re- ting the Agency’s final rule—National Ambi- (Rept. No. 104–590) on the resolution (H. ent Air Quality Standards for Sulfur Oxides quest of Mr. JONES) and to include ex- Res. 440) providing for consideration of (Sulfur Dioxide) (FRL–5508–5) received May traneous matter:) the bill (H.R. 3448) to provide tax relief 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. ROS-LEHTINEN. for small businesses, to protect jobs, to the Committee on Commerce. Mr. HOKE 3105. A letter from the Director, Office of create opportunities, to increase the Mr. YOUNG of Alaska. Regulatory Management and Information, take home pay of workers, and for Mr. TAYLOR of North Carolina. Environmental Protection Agency, transmit- other purposes, and for consideration ting the Agency’s final rule—Washington Mr. CASTLE. of the bill (H.R. 1227) to amend the Por- SIP (FRL–5506–3) received May 21, 1996, pur- Mr. SOLOMON in two instances. tal-to-Portal Act of 1947 relating to the suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Mr. FIELDS of Texas. payment of wages to employees who tee on Commerce. Mr. SHAW. 3106. A letter from the Director, Office of use employer owned vehicles, which Mr. PORTMAN. Regulatory Management and Information, was referred to the House Calendar and f Environmental Protection Agency, transmit- ordered to be printed. ting the Agency’s final rule—North Carolina f ADJOURNMENT SIP (FRL–5505–4) received May 21, 1996, pur- Mr. SOLOMON. Mr. Speaker, I move suant to 5 U.S.C. 801(a)(1)(A); to the Commit- LEAVE OF ABSENCE tee on Commerce. that the House do now adjourn. 3107. A letter from the Director, Office of By unanimous consent, leave of ab- The motion was agreed to; accord- Regulatory Management and Information, sence was granted to: ingly (at 10 o’clock and 5 minutes Environmental Protection Agency, transmit- Ms. MOLINARI (at the request of Mr. p.m.), the House adjourned until to- ting the Agency’s final rule—Kentucky; ARMEY) for today and for the balance of morrow, Wednesday, May 22, 1996, at 10 Final Authorization of Revisions to State the week, on account of maternity a.m. Hazardous Waste Management Program (FRL–5508–2) received May 21, 1996, pursuant leave. f to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. ROHRABACHER (at the request of Commerce. Mr. ARMEY) for today, on account of EXECUTIVE COMMUNICATIONS, ETC. 3108. A letter from the Director, Office of plane problems. Regulatory Management and Information, Mr. MCNULTY (at the request of Mr. Under clause 2 of rule XXIV, execu- Environmental Protection Agency, transmit- GEPHARDT) for today, on account of tive communications were taken from ting the Agency’s final rule—Oxo-Alkyl Ace- personal business. the Speaker’s table and referred as fol- tates; Tolerance Exemption (FRL–5359–4) re- ceived May 21, 1996, pursuant to 5 U.S.C. f lows: 801(a)(1)(A); to the Committee on Commerce. 3098.A letter from the Under Secretary for SPECIAL ORDERS GRANTED 3109. A letter from the Director, Office of Rural Development, Department of Agri- Regulatory Management and Information, By unanimous consent, permission to culture, transmitting the Department’s final Environmental Protection Agency, transmit- address the House, following the legis- rule—Business and Industrial Loan Pro- ting the Agency’s final rule—Maleic Hydra- lative program and any special orders gram—Audit requirements (RIN: 0570–AA11) zide, Oryzalin, Hexaninone, Streptomycin; received May 20, 1996, pursuant to 5 U.S.C. Tolerance Actions (FRL–4996–1) received May heretofore entered, was granted to: 801(a)(1)(A); to the Committee on Agri- (The following Members (at the re- 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to culture. the Committee on Commerce. quest of Mr. BEILENSON) to revise and 3099. A communication from the President 3110. A letter from the Director, Office of extend their remarks and include ex- of the United States, transmitting his re- Regulatory Management and Information, traneous material:) quest to make available appropriations to- Environmental Protection Agency, transmit- Mr. PETE GEREN of Texas, for 5 min- taling $189,264,000 in budget authority to the ting the Agency’s final rule—Pesticides; utes, today. Department of Agriculture, Commerce, and Stay of Effective Date for Order Revoking the Interior, and to designate the amounts Mr. LIPINSKI, for 5 minutes, today. Certain Food Additive Regulations (FRL– made available as an emergency requirement 5372–2) received May 21, 1996, pursuant to 5 Mr. ROMERO-BARCELO´ , for 5 minutes, pursuant to section 251(b)(2)(D)(i) of the Bal- U.S.C. 801(a)(1)(A); to the Committee on today. anced Budget and Emergency Deficit Control Commerce. Ms. KAPTUR, for 5 minutes, today. Act of 1985, as amended, pursuant to 31 3111. A letter from the Director, Office of (The following Members (at the re- U.S.C. 1107 (H. Doc. No. 104–219); to the Com- Regulatory Management and Information, quest of Mr. JONES) to revise and ex- mittee on Appropriations and ordered to be Environmental Protection Agency, transmit- tend their remarks and include extra- printed. ting, the Agency’s final rule—Idaho SIP neous material:) 3100. A letter from the Mayor, District of (FRL–5449–2) received May 21, 1996, pursuant Columbia, transmitting the District of Co- Mr. BATEMAN, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on lumbia Government’s report on Anti-Defi- Commerce. Mr. MICA, for 5 minutes, today. ciency Act violations for fiscal year 1995 cov- 3112. A letter from the Director, Office of Mr. RIGGS, for 5 minutes, today. ering the period October 1, 1994, through Sep- Regulatory Management and Information, Mr. SHADEGG, for 5 minutes, on May tember 30, 1995, pursuant to 31 U.S.C. 1517(b); Environmental Protection Agency, transmit- 22. to the Committee on Appropriations. ting the Agency’s final rule—Tennessee; May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5379 Final Authorization of Revisions to State 3123. A letter from the Chairman, United By Mr. CAMPBELL: Hazardous Waste Management Programs States Sentencing Commission, transmitting H.R. 3496. A bill to make certain Federal (FRL–5508–3) received May 21, 1996, pursuant the 1995 annual report of the activities of the Facilities available to qualified assistance to 5 U.S.C. 801(a)(1)(A); to the Committee on Commission, pursuant to 28 U.S.C. 997; to the organizations for use as temporary shelters Commerce. Committee on the Judiciary. for homeless individuals during nonbusiness 3113. A letter from the Director, Office of 3124. A letter from the Secretary of Health hours; to the Committee on Government Re- Regulatory Management and Information, and Human Services, transmitting a report form and Oversight. Environmental Protection Agency, transmit- on the initial estimate of the applicable per- By Ms. DUNN of Washington (for her- ting the Agency’s final rule—Tennessee; centage increase in inpatient hospital pay- self, Mr. WHITE, Mr. NETHERCUTT, Mr. Final Authorization of Revisions to State ment rates for Federal fiscal year [FY] 1997, TATE, Mrs. SMITH of Washington, Mr. Hazardous Waste Management Programs pursuant to Public Law 101–508, section METCALF, Mr. MCDERMOTT, Mr. (FRL–5508–4) received May 21, 1996, pursuant 4002(g)(1)(B) (104 Stat. 1388–36; to the Com- DICKS, and Mr. HASTINGS of Washing- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. ton): Commerce. 3125. A letter from the Administrator, En- H.R. 3497. A bill to expand the boundary of 3114. A letter from the Secretary, Federal vironmental Protection Agency, transmit- the Snoqualmie National Forest, and for Trade Commission, transmitting the Com- ting the Agency’s report on the potential other purposes; to the Committee on Re- mission’s final rule—Rules and Regulations health and environmental effects from the sources. Under the Textile Fiber Products Identifica- use of magnetic levitation [MAGLEV] for By Ms. ESHOO (for herself, Mr. MAT- tion Act (16 CFR Part 303) received May 20, railroad transportation, pursuant to Public SUI, Mr. MINGE, and Mr. REED): 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Law 101–549, section 820 (104 Stat. 2699); joint- H.R. 3498. A bill to amend the Internal Rev- Committee on Commerce. ly, to the Committees on Commerce and enue Code of 1986 to allow companies to do- 3115. A letter from the Nuclear Waste Transportation and Infrastructure. nate scientific equipment to elementary and Technical Review Board, transmitting the 3126. A letter from the Acting Assistant secondary schools for use in their edu- Board’s report entitled ‘‘Report to the U.S. Secretary for Legislative Affairs, Depart- cational programs, and for other purposes; to Congress and the Secretary of Energy—1995 ment of State, transmitting a copy of the the Committee on Ways and Means. Findings and Recommendations,’’ pursuant Secretary’s memorandum of justification for By Mrs. JOHNSON of Connecticut (for to 42 U.S.C. 10268; to the Committee on Com- transfer of defense articles and services to herself and Mrs. KENNELLY): merce. the Government of Bosnia and Herzegovina, H.R. 3499. A bill to temporarily suspend the 3116. A communication from the President pursuant to Public Law 104–107, section 540(b) duty on certain lead fuel test assemblies; to of the United States, transmitting an up- (110 Stat. 736); jointly, to the Committees on the Committee on Ways and Means. dated report on the continued deployment of International Relations and Appropriations. By Mr. RIGGS: U.S. forces, including the response by those f H.R. 3500. A bill to amend the act to estab- forces to several isolated attacks on the lish a Redwood National Park in the State of American Embassy complex on April 30, 1996, REPORTS OF COMMITTEE ON California, to increase efficiency and cost and May 6, 1996 (H. Doc. No. 104–218); to the PUBLIC BILLS AND RESOLUTIONS savings in the management of Redwood Na- Committee on International Relations and Under clause 2 of rule XIII, reports of tional Park by authorizing the Secretary of ordered to be printed. the Interior to enter into agreements with 3117. A letter from the Librarian of Con- committees were delivered to the Clerk for printing and reference to the proper the State of California to acquire from and gress, transmitting the report of the activi- provide to the State goods and services to be ties of the Library of Congress, including the calendar, as follows: used by the National Park Service and the Copyright Office, for the fiscal year ending Mr. SHUSTER: Committee on Transpor- State of California in the cooperative man- September 30, 1995, pursuant to 2 U.S.C. 139; tation and Infrastructure. H.R. 3134. A bill to agement of lands in Redwood National Park to the Committee on House Oversight. designate the U.S. courthouse under con- and lands in Del Norte Coast Redwoods State 3118. A letter from the Director, Fish and struction at 1030 Southwest 3d Avenue, Port- Park, Jedediah Smith Redwoods State Park, Wildlife Service, transmitting the Service’s land, OR, as the ‘‘Mark O. Hatfield United and Prairie Creek Redwoods State Park, and final rule—Final Determination of Threat- States Courthouse’’, and for other purposes for other purposes; to the Committee on Re- ened Status for the California red-legged (Rept. 104–587). Referred to the House Cal- sources. frog (RIN: 1018–AC34) received May 20, 1996, endar. By Mr. UNDERWOOD: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. SHUSTER: Committee on Transpor- H.R. 3501. A bill to amend the Organic Act mittee on Resources. tation and Infrastructure H.R. 3029. A bill to of Guam to provide the government of Guam 3119. A letter from the Director, Office of designate the U.S. courthouse in Washing- the opportunity to acquire excess real prop- Fisheries Conservation and Management, ton, District of Columbia, as the ‘‘E. Barrett erty in Guam, and to release lands from a National Marine Fisheries Service, transmit- Prettyman United States Courthouse’’ condition on disposal by Guam; to the Com- ting the Service’s final rule—Shrimp Fishery (Rept. 104–588). Referred to the House Cal- mittee on Resources, and in addition to the of the Gulf of Mexico; Texas Closure (I.D. endar. Committees on Government Reform and 050896B) received May 20, 1996, pursuant to 5 Mr. SHUSTER: Committee on Transpor- Oversight, and National Security, for a pe- U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. House Concurrent riod to be subsequently determined by the sources. Resolution 153. Resolution authorizing the Speaker, in each case for consideration of 3120. A letter from the Director, Office of use of the Capitol Grounds for the Greater such provisions as fall within the jurisdic- Fisheries Conservation and Management, Washington Soap Box Derby (Rept. 104–589). tion of the committee concerned. National Marine Fisheries Service, transmit- Referred to the House Calendar. ting the Service’s final rule—Groundfish of Mr. SOLOMON: Committee on Rules. f the Gulf of Alaska; Shallow-water Species House Resolution 440. Resolution providing PRIVATE BILLS AND Fishery by Vessels using Trawl Gear in the for consideration of the bill (H.R. 3448) to RESOLUTIONS Gulf of Alaska [Docket No. 960129018–6018–01; provide tax relief for small businesses, to I.D. 051096D] received May 20, 1996, pursuant protect jobs, to create opportunities, to in- Under clause 1 of rule XXII, to 5 U.S.C. 801(a)(1)(A); to the Committee on crease the take home pay of workers, and for Mr. COBLE introduced a bill (H.R. 3502) for Resources. other purposes, and for consideration of the the relief of D&S International, Inc.; which 3121. A letter from the Director, Office of bill (H.R. 1227) to amend the Portal-to-Portal was referred to the Committee on the Judici- Surface Mining, transmitting the Office’s Act of 1947 relating to the payment of wages ary. final rules—(1) Indiana Regulatory Program to employees who use employer owned vehi- f (recodification of State law) [IN–132–FOR], cle (Rept. 104–590). Referred to the House Cal- (2) Texas Regulatory Program (road systems endar. ADDITIONAL SPONSORS and others) [TX–029–FOR], (3) Indiana Regu- f latory Program (remining and others) [IN– Under clause 4 of rule XXII, sponsors were 133–FOR], and (4) Hopi Tribe Abandoned PUBLIC BILLS AND RESOLUTIONS added to public bills and resolutions as fol- lows: Mine Reclamation Plan [HO–003–FOR], pur- Under clause 5 of rule X and clause 4 H.R. 218: Mr. FOX and Mr. GILLMOR. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of rule XXII, public bills and resolu- tee on Resources. H.R. 350: Mr. BUYER. 3122. A letter from the Attorney General tions were introduced and severally re- H.R. 351: Mr. FUNDERBURK and Mrs. ROU- and the Secretary of Health and Human ferred as follows: KEMA. Services, transmitting the Attorney General By Mr. STUMP (for himself, Mr. MONT- H.R. 561: Mr. JACKSON Mr. FOGLIETTA, Mr. and the Secretary of Health and Human GOMERY, Mr. EVERETT, and Mr. KANJORSKI, and Mr. WAXMAN. Services report entitled ‘‘The Validity and EVANS): H.R. 858: Mr. ROMERO-BARCELO, Mr. FRANKS Use of Evidence Concerning Battering and H.R. 3495. A bill to extend the time for the of New Jersey, Mr. GALLEGLY, Mr. Its Effects in Criminal Trials,’’ pursuant to submission of the final report of the Veter- GUTIERREZ, Ms. HARMON, Mrs. MINK of Ha- 42 U.S.C. 14013; to the Committee on the Ju- ans’ Claims Adjudication Commission; to the waii, Mr. JOHNSTON of Florida, and Mr. MAR- diciary. Committee on Veterans’ Affairs. TINI. H5380 CONGRESSIONAL RECORD — HOUSE May 21, 1996

H.R. 911: Mr. COYNE. H.R. 3234: Mr. MILLER of Florida, Mr. tional Foreign Intelligence Program for the H.R. 922: Mr. WATT of North Carolina. SPENCE, Mr. EMERSON, Mr. EVERETT, Mr. purpose of automatic declassification of H.R. 1073: Mr. HAYES and Mr. LANTOS. BARTLETT of Maryland, Mr. CALVERT, Mr. records over 25 years old. H.R. 1074: Mr. HAYES and Mr. LANTOS. BACHUS, Mr. WHITE, Mr. CHRISTENSEN, and H.R. 3259 H.R. 1084: Mr. NADLER. Mr. FIELDS of Texas. OFFERED BY: MR. COMBEST H.R. 1136: Mr. DORNAN, Mr. WATT of North H.R. 3238: Ms. PRYCE. Carolina, and Mr. MANTON. H.R. 3260: Mr. LEWIS of California, Mr. AMENDMENT NO. 13: At the end of the bill, H.R. 1210: Ms. MCCARTHY. HEFLEY, and Mr. EWING. add the following new title: H.R. 1279: Mr. MANZULLO and Mr. NORWOOD. H.R. 3294: Mrs. MORELLA. TITLE VI—MISCELLANEOUS PROVISIONS H.R. 1386: Mr. NEAL Massachusetts, Mrs. H.R. 3311: Mrs. SCHROEDER and Mr. COYNE. SEC. 601. AUTHORIZATION OF FUNDING PRO- VUCANOVICH, Mrs. CHENOWETH, and Mr. DEAL H.R. 3326: Mr. HAYWORTH, Mr. EHLERS, and VIDED BY 1996 SUPPLEMENTAL AP- of Georgia. Mr. COOLEY. PROPRIATIONS ACT. H.R. 1446: Ms. PRYCE. H.R. 3332: Ms. NORTON, Mrs. SCHROEDER, Amounts obligated or expended for intel- H.R. 1656: Mr. FRAZER, Mr. MCDERMOTT, Mr. HINCHEY, Mr. FATTAH, Mr. SANDERS, Ms. ligence or intelligence-related activities and Mr. FARR. EDDIE BERNICE JOHNSON of Texas, and Mr. based on and otherwise in accordance with H.R. 1776: Mr. OBEY, Mr. SAWYER, Mr. EN- BONIOR. the appropriations provided by the Omnibus SIGN, Ms. ROYBAL-ALLARD, Mr. FARR, Mr. H.R. 3337: Mr. MINGE and Mr. TOWNS. Consolidated Rescissions and Appropriations MARKEY, Mr. NETHERCUTT, and Mr. RICHARD- H.R. 3378: Mr. MONTGOMERY. Act of 1996 (Public Law 104–134), including SON. H.R. 3392: Mr. FAZIO of California, Mr. any such obligations or expenditures occur- H.R. 1951: Mr. LAHOOD. GUTIERREZ, Mrs. LOWEY, Ms. BROWN of Flor- ring before the enactment of this Act, shall H.R. 2011: Mr. DICKS, Mr. DOOLEY, Mr. CAL- ida, Ms. MCKINNEY, Mr. FARR, Mr. LEWIS of be deemed to have been specifically author- VERT, Mr. KASICH, and Mr. FATTAH. Georgia, Mr. KENNEDY of Massachusetts, Mr. ized by the Congress for purposes of section H.R. 2026: Mr. BENTSEN, Mr. MILLER of Cali- SANDERS, and Mr. BONIOR. 504 of the National Security Act of 1947 (50 fornia, Mr. LEWIS of Georgia, Mr. WARD, Mr. H.R. 3393: Mr. BROWN of Ohio and Ms. RIV- U.S.C. 414) and are hereby ratified and con- FILNER, Mrs. MALONEY, Mr. TAUZIN, Mr. ED- ERS. firmed. WARDS, Mr. JOHNSTON of Florida, Mr. SMITH H.R. 3395: Ms. MCKINNEY. H.R. 3259 of New Jersey, Ms. EDDIE BERNICE JOHNSON H.R. 3409: Mr. BERMAN and Mr. FRAZER. OFFERED BY: MR. CONYERS of Texas, and Mr. JEFFERSON. H.R. 3424: Ms. KAPTUR. H.R. 2244: Mr. MCKEON. H.R. 3449: Mr. SCHIFF, Mr. PETE GEREN of AMENDMENT NO. 14: At the end of title III, H.R. 2391: Mr. HAYWORTH and Mr. MILLER Texas, Mr. COMBEST, and Mr. WILSON. add the following: of Florida. H.R. 3454: Ms. LOFGREN, Ms. DURBIN, Mr. SEC. 306. DISCLOSURE OF THE AGGREGATE IN- H.R. 2401: Mr. LIPINSKI. LIPINSKI, and Mr. KENNEDY of Massachusetts. TELLIGENCE BUDGET. H.R. 2531: Mr. PARKER, Mr. STENHOLM, and H.R. 3462: Mr. PAYNE of Virginia, Mr. DUR- As of October 1, 1996, and for fiscal year Mr. TANNER. BIN, and Mr. BORSKI. 1998, and in each year thereafter, the aggre- H.R. 2566: Mr. FOGLIETTA. H.R. 3468: Mr. RAMSTAD, Mr. KIM, Mr. COX, gate amounts requested and authorized for, H.R. 2587: Mr. LEWIS of Kentucky, Mr. and Mr. MONTGOMERY. and spent on, intelligence and intelligence- MONTGOMERY, Mr. HOKE, Mr. TORKILDSEN, H.R. 3493: Mr. EVANS. related activities shall be disclosed to the Mr. DORNAN, Mr. HUNTER, Mr. SOLOMON, Mr. H. Con. Res. 26: Mr. LIVINGSTON, Mr. public in an unclassified form and in an ap- WATTS of Oklahoma, Mr. EVERETT, Mr. DOYLE, Mr. BILIRAKIS, Mr. GREENWOOD, Mr. propriate manner. MCHUGH, and Mr. STUMP. FRANKS of Connecticut, Mr. GUTIERREZ, Mr. H.R. 3259 H.R. 2651: Mr. COBURN. ENGLISH of Pennsylvania, Ms. ROS-LEHTINEN, H.R. 2912: Mrs. MEYERS of Kansas and Mr. OFFERED BY: MR. FRANK OF MASSACHUSETTS Mr. TOWNS, Mr. DINGELL, Mr. POMBO, Mr. MARTINI. LAHOOD, Mr. WARD, Mr. BRYANT of Texas, AMENDMENT NO. 15: At the end of title I, in- H.R. 2925: Mrs. CHENOWETH and Mr. Mr. JACOBS, Mr. SCHIFF, Ms. LOFGREN, Mr. sert the following: BARRETT of Wisconsin. MCKEON, Mr. HALL of Ohio, Mr. FOLEY, and SEC. 105. REDUCTION IN AUTHORIZATIONS. H.R. 2927: Mr. HAYWORTH and Mr. BARR. Mr. COYNE. (a) IN GENERAL.—Except as provided in H.R. 2951: Mr. TORRICELLI and Mr. MILLER H. Con. Res. 47: Mr. CAMPBELL and Mrs. subsection (b), the aggregate amount author- of California. SEASTRAND. ized to be appropriated by this Act, including H.R. 2976: Mr. FRAZER, Mr. PORTER, and H. Con. Res. 50: Mr. MARTINEZ. the amounts specified in the classified Mr. SPRATT. H. Con. Res. 154: Mr. CLEMENT and Mr. Schedule of Authorizations referred to in H.R. 3001: Ms. WOOLSEY, Mrs. LOWEY, Mrs. DOOLEY. section 102, is reduced by 4.9 percent. KENNELLY, Mr. TOWNS, Mr. THOMPSON, Mr. H. Con. Res. 160: Ms. ROS-LEHTINEN, Mr. (b) EXCEPTION.—Subsection (a) does not RANGEL, Mrs. MEYERS of Kansas, Mr. FOX, SHAYS, and Mr. BARRETT of Wisconsin. apply to amounts authorized to be appro- Mr. JEFFERSON, Mr. TORRES, Mr. GUTIERREZ, H. Con. Res. 163: Ms. SLAUGHTER and Mr. priated by section 201 for the Central Intel- Mr. ENGEL, Mr. EVANS, Ms. SLAUGHTER, and BROWN of Ohio. ligence Agency Retirement and Disability Mr. MENENDEZ. H. Con. Res. 169: Mr. WELLER, Mr. WHITE, Fund. H.R. 3003: Mr. WATT of North Carolina and Mr. BARTON of Texas, Mrs VUCANOVICH, Mr. (c) TRANSFER AND REPROGRAMMING AU- Mr. BARRETT of Wisconsin. SMITH of Texas, Mr. BILBRAY, Mr. THORITY.—(1) The President, in consultation H.R. 3012: Mr. BAKER of California, Mr. TORKILDSEN, Mr. SPENCE, Mr. EHLERS, and with the Director of Central Intelligence and COOLEY, Mr. LINDER, and Mr. MCHUGH. Mr. BOEHNER. the Secretary of Defense, may apply the re- H.R. 3087: Mr. DICKEY. H. Res. 39: Mr. OLVER. duction required by subsection (a) by trans- H.R. 3152: Ms. NORTON and Mrs. SEASTRAND. H. Res. 423: Mr. GRAHAM, Mr. GEKAS, and ferring amounts among the accounts or re- H.R. 3153: Mr. UPTON, Mr. PETERSON of Ms. FURSE. programming amounts within an account, as Minnesota, Mr. ORTIZ, Mr. GOODLATTE, and H. Res. 439: Mrs. MYRICK, Mr. POSHARD, Mr. specified in the classified Schedule of Au- Mr. CANADY. MEEHAN, Mr. BARRETT of Wisconsin, and Mr. thorizations referred to in section 102, so H.R. 3173: Mr. HINCHEY, Mrs. LOWEY, and MINGE. long as the aggregate reduction in the Mrs. SCHROEDER. amount authorized to be appropriated by H.R. 3198: Mr. RAHALL, Mr. LIPINSKI, Mrs. f this Act, equals 4.9 percent. VUCANOVICH, Mr. SANDERS, Mr. GALLEGLY, AMENDMENTS (2) Before carrying out paragraph (1), the Mr. HAYWORTH, and Mrs. MORELLA. President shall submit a notification to the H.R. 3199: Mr. BRYANT of Tennessee, Mr. Under clause 6 of rule XXIII, pro- Permanent Select Committee on Intelligence POMBO, Mr. CALVERT, Mr. MCKEON, Mr. DOO- posed amendments were submitted as of the House of Representatives and the Se- LITTLE, and Mr. LUCAS. follows: lect Committee on Intelligence of the Sen- H.R. 3201: Mr. ARCHER, Mr. RADANOVICH, H.R. 3259 ate, which notification shall include the rea- Mr. POSHARD, Mrs. CHENOWETH, Mr. TOWNS, sons for each proposed transfer or re- Mr. LUCAS, Mr. BAKER of California, Mr. OFFERED BY: MR. COMBEST programming. CONDIT, Mr. PORTER, Mr. FAZIO of California, AMENDMENT NO. 12: In section 303— Mrs. CUBIN, Mr. WATTS of Oklahoma, Ms. (1) insert ‘‘(a) AUTHORIZATION OF APPRO- H.R. 3259 PRYCE, Mr. CALVERT, Mr. HERGER, Mr. DOO- PRIATIONS.—’’ before ‘‘Section 307’’; and OFFERED BY: MR. MCCOLLUM LITTLE, Mr. MCKEON, Mr. POMBO, Mr. BLUTE, (2) add at the end thereof the following: AMENDMENT NO. 16: At the end of title III, Mr. CRAMER, Mr. THOMAS, and Mr. HEFLEY. (b) TRANSFERS.—The second sentence of insert the following new section: H.R. 3207: Mr. MANZULLO, Mr. EMERSON, section 307(a) of the Intelligence Authoriza- SEC. 306. SEEKING ENFORCEMENT OF THE RE- Mr. RAMSTAD, Mr. MILLER of Florida, and tion Act for Fiscal Year 1996 is amended to QUIREMENT TO PROTECT THE IDEN- Mr. GOSS. read as follows: ‘‘Within the amount author- TITIES OF UNDERCOVER INTEL- H.R. 3226: Mr. CALVERT, Mr. WATT of North ized to be used by this section, the Director, LIGENCE OFFICERS, AGENTS, IN- Carolina, Mr. BROWN of Ohio, Mr. FAZIO of consistent with his duty to protect intel- FORMANTS, AND SOURCES. California, Mr. GUTIERREZ, Mr. HINCHEY, Mr. ligence sources and methods, may transfer It is the sense of the Congress that title VI SMITH of New Jersey, and Mr. WALSH. such amounts to the agencies within the Na- of the National Security Act of 1947 (50 May 21, 1996 CONGRESSIONAL RECORD — HOUSE H5381 U.S.C. 421 et seq.) (relating to protection of Permanent Select Committee on Intelligence H.R. 3259 the identities of undercover intelligence offi- of the House of Representatives and the Se- OFFERED BY: MR. TRAFICANT cers, agents, informants, and sources) should lect Committee on Intelligence of the Sen- AMENDMENT NO. 21: At the end of title III, be enforced by the appropriate law enforce- ate, which notification shall include the rea- add the following: ment agencies. sons for each proposed transfer or re- H.R. 3259 programming. SEC. 306. COMPLIANCE WITH BUY AMERICAN ACT. OFFERED BY: MR. SANDERS (c) REDUCTION OF AGGREGATE AMOUNT.— No funds appropriated pursuant to this Act AMENDMENT NO. 17: At the end of title I, The aggregate amount authorized to be ap- propriated by this Act (including the may be expended by an entity unless the en- add the following new section: tity agrees that in expending the assistance SEC. 105. LIMITATION ON AMOUNTS AUTHORIZED amounts specified in the classified Schedule of Authorizations referred to in section 102) the entity will comply with sections 2 TO BE APPROPRIATED. through 4 of the Act of March 3, 1933 (41 (a) LIMITATION.—Except as provided in sub- is reduced by the amount equal to the excess of— U.S.C. 10a–10c, popularly known as the ‘‘Buy section (b), notwithstanding the total American Act’’). amount of the individual authorizations of (1) the amounts authorized to be appro- appropriations contained in this Act, includ- priated by this Act for the National Recon- SEC. 307. SENSE OF CONGRESS; REQUIREMENT ing the amounts specified in the classified naissance Office (other than by subsection REGARDING NOTICE. Schedule of Authorizations referred to in (a)), over (a) PURCHASE OF AMERICAN-MADE EQUIP- MENT AND PRODUCTS.—In the case of any section 102, there is authorized to be appro- (2) the amount authorized to be appro- equipment or products that may be author- priated for fiscal year 1997 to carry out this priated by subsection (a) for the National ized to be purchased with financial assist- Act not more than 90 percent of the total Reconnaissance Office. amount authorized to be appropriated by the ance provided under this Act, it is the sense Intelligence Authorization Act for Fiscal H.R. 3259 of the Congress that entities receiving such Year 1996. OFFERED BY: MRS. SCHROEDER assistance should, in expending the assist- (b) EXCEPTION.—Subsection (a) does not ance, purchase only American-made equip- AMENDMENT NO. 19: At the end of title I, in- apply to amounts authorized to be appro- ment and products. sert the following new section: priated for the Central Intelligence Agency (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— Retirement and Disability Fund by section SEC. 105. LIMITATION ON AUTHORIZATION OF AP- In providing financial assistance under this 201. PROPRIATIONS FOR THE NATIONAL Act, the head of the appropriate element of RECONNAISSANCE OFFICE. H.R. 3259 the Intelligence Community shall provide to Notwithstanding any other provision of each recipient of the assistance a notice de- OFFERED BY: MRS. SCHROEDER this Act and the amounts specified in the scribing the statement made in subsection AMENDMENT NO. 18: At the end of title I, in- classified Schedule of Authorizations re- (a) by the Congress. sert the following new section: ferred to in section 102, the total amount au- SEC. 308. PROHIBITION OF CONTRACTS. SEC. 105. LIMITATION ON AUTHORIZATION OF AP- thorized to be appropriated by this Act for If it has been finally determined by a court PROPRIATIONS FOR THE NATIONAL the National Reconnaissance Office is the or Federal agency that any person inten- RECONNAISSANCE OFFICE. aggregate amount appropriated or otherwise (a) LIMITATION.—Notwithstanding any tionally affixed a fraudulent label bearing a made available for the National Reconnais- other provision of this Act and the amounts ‘‘Made in America’’ inscription, or any in- sance Office for fiscal year 1995. specified in the classified Schedule of Au- scription with the same meaning, to any thorizations referred to in section 102, the H.R. 3259 product sold in or shipped to the United total amount authorized to be appropriated OFFERED BY: MRS. SCHROEDER States that was not made in the United by this Act for the National Reconnaissance States, such person shall be ineligible to re- Office is the aggregate amount appropriated AMENDMENT NO. 20: At the end of title I, in- ceive any contract or subcontract made with or otherwise made available for the National sert the following new section: funds provided pursuant to this Act, pursu- Reconnaissance Office for fiscal year 1995. SEC. 105. LIMITATION ON AUTHORIZATION OF AP- ant to the debarment, suspension, and ineli- (b) TRANSFER AND REPROGRAMMING AU- PROPRIATIONS FOR THE NATIONAL gibility procedures described in sections 9.400 THORITY.—(1) Within the amount authorized RECONNAISSANCE OFFICE. through 9.409 of title 48, Code of Federal Reg- to be appropriated by subsection (a), the Notwithstanding any other provision of ulations. President, in consultation with the Director this Act and the amounts specified in the H.R. 3259 of Central Intelligence and the Secretary of classified Schedule of Authorizations re- Defense, may transfer amounts among the ferred to in section 102, the total amount au- OFFERED BY: MR. WELDON OF PENNSYLVANIA accounts, or reprogram amounts within an thorized to be appropriated by this Act for AMENDMENT NO. 22: In section 104— account, of the National Reconnaissance Of- the National Reconnaissance Office is the (1) in subsection (d), strike ‘‘$25,000,000’’ fice. aggregate amount appropriated or otherwise and insert in lieu thereof ‘‘$12,500,000’’; and (2) Before carrying out paragraph (1), the made available for the National Reconnais- (2) in subsection (f), strike ‘‘$6,000,000’’ and President shall submit a notification to the sance Office for fiscal year 1996. insert in lieu thereof ‘‘$18,500,000’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, MAY 21, 1996 No. 72 Senate The Senate met at 9 a.m., and was to my colleagues Rev. Ron Mehl, pas- know Mark 3 years ago when he par- called to order by the President pro tor of Beaverton Foursquare Church. ticipated in my internship program. tempore [Mr. THURMOND]. Over the past several years, I have Mark’s strong character shone through The PRESIDENT pro tempore. To- joined the ranks of Reverend Mehl’s ad- during his brief tenure in my office, a day’s prayer will be offered by our mirers. Uncompromising leadership great tribute to his parents in their guest Chaplain, the Reverend Ron and commitment to God have enabled rearing. Mehl, Beaverton Foursquare Church, him to embody the Biblical mandate to Again, on behalf of my Senate col- Beaverton, OR, invited by Senator ‘‘speak the truth in love.’’ leagues we are privileged that Rev- MARK HATFIELD. Reverend Mehl pastors Oregon’s Bea- erend Mehl is willing to fulfill the du- We are pleased to have you with us. verton Foursquare Church. Twenty- ties of Senate Chaplain today, and I PRAYER three years under his gifted teaching have made this one of Oregon’s health- would like to officially welcome him to The guest Chaplain, the Reverend iest and most dynamic churches. Thou- this Chamber. Ron Mehl, offered the following prayer: sands sit in the pews of Beaverton I yield the floor. Let us pray: Foursquare weekly. There are three Dear Father, we come before You services on Sunday, perhaps going to a f this morning to express the deep need we feel as a nation to be touched by fourth because of the tremendous turn- Your mighty power and sustained by out that holds some 2,500 or 3,000 people SCHEDULE Your sovereign grace. We thank You in the church sanctuary. Mr. HATFIELD. Mr. President, the for the gifted leaders You have placed When I am home, I count myself priv- in positions of authority in our land. ileged to be one of many to hear Rev- Senate will immediately resume con- We know that great leaders are first erend Mehl’s Biblical preaching. sideration of Senate Concurrent Reso- good followers, so teach us to hunger A man dedicated to pursuing God’s lution 57, the concurrent budget resolu- for wisdom from above, that we may calling, he has served in many ways tion. There are 8.5 hours of debate time know what is the right thing to do, and over the years. Besides being a gifted remaining on the resolution with that give us the courage to do it. Resurrect preacher and counselor, Reverend Mehl time equally divided. When all time in us a deep hunger for revival, and is a celebrated author of three books, has expired or is yielded back, Senators awaken in us a passion for righteous- one of which, ‘‘God Works the Night can expect a large number of consecu- ness to rule and reign in our land. This Shift,’’ recently won the Evangelical tive rollcall votes on or in relation to day we pray for our leaders, their fami- Christian Publisher’s Gold Medallion amendments to the budget resolution. lies and friends, and ask that You Award in the category of ‘‘inspira- Those votes could begin as early as this might reward them for their faithful- tional.’’ afternoon, or, if necessary, be ordered ness, sacrifice, and service. Give us a The Reverend Billy Graham, whom to begin on Wednesday morning. we recently honored, once said, ‘‘The revelation of Yourself. Open our eyes I now ask unanimous consent that greatest form of praise to God is the to the truth that the task You have the Senate stand in recess between the sound of consecrated feet seeking out called us to is greater than we are. hours of 12:30 p.m. and 2:15 p.m., in the lost and helpless.’’ Reverend Mehl Today we acknowledge our utter de- order to accommodate the weekly has spent the majority of his life doing pendence upon You and the need we party conferences, and that the time feel to seek Your counsel daily, for You just that—reaching out with the mes- sage of Christ and encouraging others during recess be deducted from the re- are the fountainhead of all truth, the maining debate limitation. truth that truly makes us free. In Your to do the same. holy and mighty name, we pray. Amen. In I Peter, the apostle writes, ‘‘Each The PRESIDING OFFICER (Mr. The PRESIDENT pro tempore. The one should use whatever gift he has re- CAMPBELL). Without objection, it is so able senior Senator from Oregon, Sen- ceived to serve others, faithfully ad- ordered. ator HATFIELD, is recognized. ministering God’s grace in its various Mr. HATFIELD. Thank you, Mr. forms.—I Peter 4:10. Reverend Mehl is a f President. faithful steward of the gifts he has re- f ceived and is an able administrator of RESERVATION OF LEADER TIME God’s grace. WELCOME TO REV. DR. RON MEHL He has also been blessed by his wife The PRESIDING OFFICER. Under Mr. HATFIELD. Mr. President, it is Joyce and their two sons, Ron, Jr., and the previous order, Senate leadership my great pleasure today to introduce Mark. I had the pleasure of getting to time is reserved.

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

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VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5398 CONGRESSIONAL RECORD — SENATE May 21, 1996 CONCURRENT RESOLUTION ON Kennedy amendment No. 4000, to express The PRESIDING OFFICER. Without THE BUDGET the sense of the Senate relating to the pro- objection, the time will be charged tection of the wages of construction workers. The PRESIDING OFFICER. The Sen- equally, and the clerk will call the roll. Byrd amendment No. 4001, to increase The legislative clerk proceeded to ate will resume consideration of Sen- overall discretionary spending to the levels ate Concurrent Resolution 57, which proposed by the President, offset by the ex- call the roll. the clerk will report. tension of expired tax provisions or cor- Mr. EXON. Mr. President, I ask unan- The assistant legislative clerk read porate and business tax reforms. imous consent that the order for the as follows: Lott/Smith amendment No. 4002, to express quorum call be rescinded. the sense of the Congress regarding reim- The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 57) bursement of the United States for the costs setting forth the congressional budget for objection, it is so ordered. associated with Operations Southern Watch the U.S. Government for fiscal years 1997, Mr. EXON. Mr. President, I ask unan- and Provide Comfort out of revenues gen- 1998, 1999, 2000, 2001, and 2002. imous consent that the pending amend- erated by any sale of petroleum originating The Senate resumed consideration of ment before the Senate be temporarily from Iraq. set aside so that we can entertain two the bill. Simpson/Moynihan amendment No. 4003, to amendments by previous agreement, Pending: express the sense of the Senate that all Fed- Boxer amendment No. 3982, to preserve, eral spending and revenues which are in- the first to be offered by the Senator protect, and strengthen the Medicaid pro- dexed for inflation should be calibrated by from Michigan, the second to be offered gram by controlling costs, providing State the most accurate inflation indices which by the Senator from North Carolina. flexibility, and restoring critical standards are available to the Federal government. Both have been cleared, and we can and protections, including coverage for all Graham amendment No. 4007, to create a 60 move ahead on them. I would appre- populations covered under current law, to re- vote point of order against legislation divert- ciate very much if the Chair would see store $18 billion in excessive cuts, offset by ing savings achieved through medicare fit to recognize the Senator from corporate and business tax reforms, and to waste, fraud and abuse enforcement activi- express the sense of the Senate regarding ties for purposes other than improving the Michigan at this time for his state- certain Medicaid reforms. solvency of the Medicare Federal Hospital ment and the introduction of the Wyden/Kerry amendment No. 3984, to ex- Insurance Trust Fund. amendment. press the sense of the Senate regarding rev- Ashcroft modified amendment No. 4008, to The PRESIDING OFFICER. Without enue assumptions. provide for an income tax deduction for the objection, it is so ordered. Wellstone amendment No. 3985, to express old age, survivors, and disability insurance The Senator from Michigan [Mr. the sense of the Senate on tax deductibility taxes paid by employees and self-employed LEVIN] is recognized. of higher education tuition and student loan individuals. Mr. LEVIN. I thank the Chair. I interest costs. Gramm amendment No. 4009, to express the thank my good friend from Nebraska. Wellstone/Kerry amendment No. 3986, to sense of the Congress that the 1993 income express the sense of the Senate that funds tax increase on Social Security benefits AMENDMENT NO. 4020 will be available to hire new police officers should be repealed. Mr. LEVIN. Mr. President, the sense- under the Community Oriented Policing Brown amendment No. 4010, to express the of-the-Senate amendment which I will Service. sense of the Senate that there should be a offer in a moment will put the Senate Wellstone amendment No. 3987, to express cap on the application of the civilian and on record in support of sufficient fund- the sense of the Senate that Congress will military retirement COLA. ing in order that the National Institute not enact or adopt any legislation that Harkin amendment No. 4011, to provide on Drug Abuse, or NIDA, be able to would increase the number of children who that the first reconciliation bill not include are hungry or homeless. Medicaid reform, focusing mainly on Welfare continue to increase the pace of dis- Wellstone amendment No. 3988, to express reform by shifting Medicaid changes from covery of an antiaddiction drug, or the sense of the Senate with respect to main- the first to the second reconciliation bill. drugs, in order to block the craving for taining current expenditure levels for the Harkin (for Specter) amendment No. 4012, illicit addictive substances. Low Income Home Energy Assistance Pro- to restor e funding for education, training, This sense-of-the-Senate amendment gram for fiscal year 1997. and health programs to a Congressional expresses our sentiment that amounts Wellstone amendment No. 3989, to express Budget Office freeze level for fiscal year 1997 the sense of the Senate with respect to the that are appropriated to the National through an across the board reduction in Institutes of Health should be in- interrelationship between domestic violence Federal administrative costs. and welfare. Bumpers amendment No. 4013, to establish creased by amounts above the fiscal Kerry amendment No. 3990, to restore pro- that no amounts realized from sales of assets year 1996 appropriations for this form posed cuts in the environment and natural shall be scored with respect to the level of of NIDA research. This effort is to dis- resources programs, to be offset by the ex- budget authority, outlays, or revenues. cover antiaddiction drugs so that the tension of expired tax provisions or cor- Bumpers amendment No. 4014, to eliminate craving which exists for them can be porate and business tax reforms. the defense firewalls. blocked. The amounts in this sense-of- Kerry amendment No. 3991, to increase the Thompson amendment No. 3981, to express Function 500 totals to maintain levels of the-Senate resolution are based on the sense of the Senate on the funding levels meetings and discussions with NIDA education and training funding that will for the Presidential Election Campaign keep pace with rising school enrollments and Fund. officials about what resources would be the demand for a better-trained workforce, Murkowski amendment No. 4015, to pro- necessary to expedite the development to be offset by the extension of expired tax hibit sense of the Senate amendments from of these illicit drug blocking agents, provisions or corporate and business tax re- being offered to the budget resolution. and the increase that would be rec- forms. Simpson (for Kerrey) amendment No. 4016, ommended here in the sense-of-the- Kyl amendment No. 3995, to express the to express the sense of the Senate on long Senate amendment would be $33 mil- sense of the Senate regarding a super- term entitlement reforms. majority requirement for raising taxes. lion in fiscal year 1997, $67 million for Snowe amendment No. 4017, to express the fiscal year 1998, and $100 million for Kyl amendment No. 3996, to providing sense of the Senate that the aggregates and funding for the Low Income Home Energy functional levels included in the budget reso- each of the fiscal years 1998 through Assistance Program through fiscal year 2000. lution assume that savings in student loans 2002. Kennedy amendment No. 3997, to express can be achieved without any program change There have been some significant the sense of the Congress that the reconcili- that would increase costs to students and breakthroughs already by NIDA. NIDA ation bill should maintain the existing pro- parents or decrease accessibility to student researchers have recently shown that hibition against additional charges by pro- loans. viders under the medicare program. activation in the brain of one type of Chafee/Breaux amendment No. 4018, in the Kennedy amendment No. 3998, to express dopamine receptor suppresses the drug- nature of a substitute. the sense of the Congress that the reconcili- seeking behavior, whereas activation of Domenici (for Dole/Hatch/Helms) amend- ation bill should not include any changes in ment No. 4019, to express the sense of the another triggers drug-seeking behav- Federal nursing home quality standards or Senate that the Attorney General should in- ior. Another significant finding in this the Federal enforcement of such standards. vestigate the practice regarding the prosecu- past year is the successful immuniza- Kennedy amendment No. 3999, to express tion of drug smugglers. tion of animals against the the sense of the Congress that provisions of Feingold amendment No. 3969, to eliminate current medicaid law protecting families of psychostimulant effects of cocaine. In the tax cut. nursing home residents from experiencing fi- 1993, NIDA announced the FDA ap- nancial ruin as the price of needed care for Mr. HATFIELD. Mr. President, I sug- proval of a medication called LAAM their loved ones should be retained. gest the absence of a quorum. for heroine addiction. One of LAAM’s

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5399 advantages over methadone is that it Health (hereafter referred to in this section (2) for fiscal year 1998 should be increased does not need to be taken daily. as ‘‘NIH’’) supports over 85 percent of the by a minimum of $67,000,000; These are but a few of the exciting world’s drug abuse research that has totally (3) for fiscal year 1999 should be increased discoveries in drug abuse research that revolutionized our understanding of addic- by a minimum of $100,000,000; tion. (4) for fiscal year 2000 should be increased have been made over the past several (2) One of NIDA’s most significant areas of by a minimum of $100,000,000; years. research has been the identification of the (5) for fiscal year 2001 should be increased Stemming the tide of drug addiction neurobiological bases of all aspects of addic- by a minimum of $100,000,000; and by trying to find these anticraving sub- tion, including craving. (6) for fiscal year 2002 should be increased stances is in the best interests of all of (3) In 1993, NIDA announced that approval by a minimum of $100,000,000; us, particularly the innocent victims of had been granted by the Food and Drug Ad- above its fiscal year 1996 appropriation for drug-related offenses. We spend at the ministration of a new medication for the additional research into an anti-addiction State and local level and at the Federal treatment of heroin and other opiate addic- drug to block the craving of illicit addictive tion which breaks the addict of daily drug- level billions and billions and billions substances. seeking behavior and allows for greater com- Mr. LEVIN. I yield the floor. of dollars to incarcerate people who pliance because the patient does not need to commit drug-related offenses. report to a clinic each day to have the medi- Mr. EXON addressed the Chair. A 1992 report by the Bureau of Jus- cation administered. The PRESIDING OFFICER. The Sen- tice revealed that three out of four jail (4) Among NIDA’s most remarkable accom- ator from Nebraska [Mr. EXON] is rec- inmates reported illicit drug use in plishments of the past year is the successful ognized. their lifetime and more than 40 percent immunization of animals against the psycho- Mr. EXON. I thank my good friend had used drugs in the month before stimulant effects of cocaine. and colleague from the State of Michi- (5) NIDA has also recently announced that their offense, with 27 percent under the gan, Senator LEVIN, for the amendment it is making substantial progress that is that I had indicated earlier has been influence of drugs at the time of their critical in directing their efforts to identify offense. A significant percentage also potential anti-cocaine medications. For ex- cleared on both sides. This is an impor- said that they were trying to obtain ample, NIDA researchers have recently tant sense-of-the-Senate resolution, money for drugs when they committed shown that activation in the brain of one and I appreciate the cooperation we their crime. type of dopamine receptor suppresses drug- have had from Senator LEVIN and his More than 60 percent of juveniles and seeking behavior and relapse, whereas acti- staff on this matter. young adults in State-operated juve- vation of another, triggers drug-seeking be- We are about ready to have proposed havior. nile institutions reported using illicit in behalf of Senator HELMS from North (6) NIDA’s efforts to speed up research to Carolina an amendment that likewise drugs once a week or more for at least stem the tide of drug addiction is in the best a month during some time in the re- interest of all Americans. has been cleared on both sides. Then we cent past and almost 40 percent re- (7) State and local governments spend bil- can move the adoption of those by ported being under the influence of lions of dollars to incarcerate persons who voice vote. Awaiting the arrival of one drugs at the time of their offense. commit drug related offenses. Member on the Senate floor, I suggest The National Institute on Drug (8) A 1992 National Report by the Bureau of the absence of a quorum. Abuse has presented us with some un- Justice Statistics revealed that more than 3 Mr. LEVIN addressed the Chair. out of 4 jail inmates reported drug use in Mr. EXON. I withhold. precedented opportunities to under- their lifetime, more than 40 percent had used stand and to treat addiction and to drugs in the month before their offense with Mr. LEVIN. If the Senator will with- block craving. We should support that 27 percent under the influence of drugs at the hold, let me simply thank my good effort and the progress which has been time of their offense. A significant number friend from Nebraska and his staff and made with a funding level which will said they were trying to get money for drugs the staff on the Republican side who enhance the efforts of NIDA to achieve when they committed their crime. have worked with us to clear this these breakthroughs. We will all ben- (9) More than 60 percent of juveniles and amendment. As always, I have had young adults in State-operated juvenile in- efit. We will benefit in terms of our great response from my friend from Ne- stitutions reported using drugs once a week braska and the Republicans on this safety. We will benefit in terms of the or more for at least a month some time in Nation’s resources if we can finally dis- the past, and almost 40 percent reported issue. It is an important issue for all cover agents which will block the crav- being under the influence of drugs at the America. I am grateful for their help. ing for cocaine and for other illicit time of their offense. Mr. EXON. I thank the Senator. drugs. NIDA does the majority of re- (10) This concurrent resolution proposes Mr. President, I suggest the absence search in this area in the world. that budget authority for the NIH (including of a quorum. So I hope that this sense-of-the-Sen- NIDA) be held constant at the fiscal year The PRESIDING OFFICER. The 1996 level of $11,950,000,000 through fiscal year ate amendment will be adopted which clerk will call the roll. 2002. The assistant legislative clerk pro- will put us on record as encouraging (11) At such appropriation level, it would these additional funds so as to promote be impossible for NIH and NIDA to maintain ceeded to call the roll. the efforts of the National Institute on research momentum through research Mr. BROWN. Mr. President, I ask Drug Abuse. I now will send this project grants. unanimous consent that the order for amendment to the desk. (12) Level funding for NIH in fiscal year the quorum call be rescinded. The PRESIDING OFFICER. The 1997 would reduce the number of competing The PRESIDING OFFICER. Without clerk will report the amendment. research project grants by nearly 500, from objection, it is so ordered. 6,620 in fiscal year 1996 to approximately AMENDMENT NO. 4018 The assistant legislative clerk read 6,120 competing research project grants, re- as follows: ducing NIH’s ability to maintain research Mr. BROWN. Mr. President, I wanted The Senator from Michigan [Mr. LEVIN] momentum and to explore new ideas in re- to add a word of support for the very proposes an amendment numbered 4020. search. diligent effort of the Senator from Mr. LEVIN. Mr. President, I ask (13) NIH is the world’s preeminent research Rhode Island and the bipartisan group unanimous consent that reading of the institution dedicated to the support of he has gathered together to offer a amendment be dispensed with. science inspired by and focused on the chal- budget alternative. I am very mindful lenges of human illness and health. of the remarks made by the distin- The PRESIDING OFFICER. Without (14) NIH programs are instrumental in im- objection, it is so ordered. proving the quality of life for Americans guished Senator from New Mexico The amendment is as follows: through improving health and reducing mon- when he observed yesterday that such At the appropriate place, insert the fol- etary and personal costs of illnesses. a change in budget, to be enacted, lowing new section: (15) The discovery of an anti-addiction would literally require the President’s SEC. . SENSE OF THE SENATE REGARDING THE drug to block the craving of illicit addictive help and support. Certainly we have NATIONAL INSTITUTE OF DRUG substances will benefit all of American soci- learned this last year; that, indeed, ABUSE. ety. progress for reconciliation has to in- (a) FINDINGS.—Congress finds the fol- (b) SENSE OF THE CONGRESS.—It is the sense lowing: of the Congress that amounts appropriated clude the President. But I intend to (1) The National Institute on Drug Abuse for the National Institutes of Health— vote for the Chafee amendment. I think (hereafter referred to in this section as (1) for fiscal year 1997 should be increased it brings two factors to it that are ‘‘NIDA’’) a part of the National Institutes of by a minimum of $33,000,000; worth considering.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5400 CONGRESSIONAL RECORD — SENATE May 21, 1996 First of all, it is bipartisan. It is the cation assistance exclusion under section 127 that provides that Congress should in- only major bipartisan proposal that is of the Internal Revenue Code of 1986 by being clude, in any appropriate tax legisla- here and, I think, as such, has a chance able to improve their education and acquire tion, an extension of this critically of making it all the way through rec- new skills without having to pay taxes on needed tax credit. the benefit; Neither the need for education nor onciliation. (2) American companies have benefited by Second, I am going to support it be- improving the education and skills of their the need for acquiring new skills stops cause, of the alternatives, it has the employees who in turn can contribute more when a young person receives a high strongest impact long term, that is be- to their company; school diploma. Increasingly, edu- yond the 6-year window or the 7-year (3) the American economy becomes more cation and worker training have be- window. Long term, it is significantly globally competitive because an educated come lifelong pursuits. better in deficit reduction. workforce is able to produce more and to My home State of North Carolina has For those two reasons I salute the ef- adapt more rapidly to changing technologies; been hit hard by plant closings during (4) American companies are experiencing forts of Senator CHAFEE, and I will the last few years. The textile industry unprecedented global competition and the in my State has been particularly hard probably vote for it. value and necessity of life-long education for Mr. President, I yield the floor. their employees has increased; hit as thousands of workers have lost The PRESIDING OFFICER. Who (5) the employer education assistance ex- their jobs. I could cite eye-popping sta- yields time? clusion was first enacted in 1978; tistics as to the number of lost jobs but Mr. EXON addressed the Chair. (6) the exclusion has been extended 7 pre- what is important to realize is that vious times; AMENDMENT NO. 4020 each one of these lost jobs represents (7) the last extension expired December 31, The PRESIDING OFFICER. The an individual man or woman, often the 1994; and lone breadwinner in a family. Chair will inform the Senator that the (8) the exclusion has received broad bipar- Many workers are understandably pending amendment is the amendment tisan support. concerned about job security. They (b) SENSE OF THE SENATE.—It is the sense offered by Mr. LEVIN. worry about the possibility of losing Mr. EXON. Mr. President, I am back of the Senate that the revenue level assumed their job and wonder how they would to see if possibly we could at this time in the Budget Resolution accommodate an extension of the employer education assist- provide for their loved ones if they did clear the two amendments agreed to suddenly become unemployed. If this earlier. Has the amendment by the ance exclusion under section 127 of the Inter- nal Revenue Code of 1986 from January 1, education provision is not reauthorized Senator from North Carolina been of- 1995, through December 31, 1996. then many more workers and their fered? Mr. HELMS. Mr. President, this families, across the country, will suffer I am prepared to yield back time on sense-of-the-Senate resolution calls for needless anxiety and uncertainty. the Levin amendment, which we will the extension of a critical education Mr. President, while the Federal Gov- agree to by a voice vote. I likewise as- tax provision that enables American ernment cannot set up programs to sume we will move forward with the workers to further their education and guarantee that every American has a amendment of the Senator from North better provide for their families. I have job, we can act to ensure our Tax Code Carolina, which I assume has been vigorously supported this education encourages workers and companies to cleared on both sides. tax credit since its initial authoriza- act in their own interest by promoting I yield back the remainder of the education and training. time on the Levin amendment. tion in 1978. This provision has allowed millions of American men and women Without this exclusion, many em- Mr. DOMENICI. Do I have the time in ployers may choose to end these bene- opposition? I yield back the time in op- to acquire new skills and pursue their educational goals. fits for their employees. Those employ- position to the Levin amendment. ers who do offer these benefits will sub- THE PRESIDING OFFICER. If there Our Government, being a republic, relies on the promotion of a moral and ject their employees to additional Fed- be no further debate, the question is on eral and State taxes. A fortunate few agreeing to the amendment. principled citizenry, education is cen- tral to the continued vitality of Amer- may be able to meet a complex IRS The amendment (No. 4020) was agreed test to demonstrate that the benefits to. ica. President Thomas Jefferson put it this way: ‘‘If a nation expects to be ig- are sufficiently job-related so as to be AMENDMENT NO. 4021 deductible. These additional taxes can norant and free, in a state of civiliza- (Purpose: To express the sense of the Senate easily exceed 40 percent of the amount tion, it expects what never was and regarding the extension of the employer paid by the employer. This enormous never will be.’’ education assistance exclusion under sec- tax burden can be decisive in pre- The Federal Government has pro- tion 127 of the Internal Revenue Code of venting an employee from pursuing an moted education and individual choice 1986) education to improve his or her career through the educational assistance ex- Mr. DOMENICI. Mr. President, I send prospects and earning ability. an amendment to the desk on behalf of clusion, codified at section 127 of the I support reauthorization of this pro- Senator HELMS. I ask for its immediate Internal Revenue Code, a provision vision because it empowers individual consideration. that allows employees to receive up to employees and businesses by encour- The PRESIDING OFFICER. The $5,250 a year, tax-free, in educational aging and promoting education not clerk will report. benefits from their respective employ- through a monolithic Government bu- The assistant legislative clerk read ers. reaucracy but through the removal of a as follows: When this provision expired on De- harmful and destructive hurdle to the The Senator from New Mexico [Mr. DOMEN- cember 31, 1994, it left many workers pursuit of an education. ICI], for Mr. HELMS, proposes an amendment and companies uncertain about the Over the years, this provision has numbered 4021. Federal Government’s commitment to helped more than 7 million working Mr. DOMENICI. Mr. President, I ask the promotion of worker education and Americans to further their education unanimous consent that reading of the retraining. That uncertainty increased and to acquire additional skills. While amendment be dispensed with. last year, when President Clinton ve- the importance of this achievement to The PRESIDING OFFICER. Without toed the Balanced Budget Act that those individuals, their families and objection, it is so ordered. would have extended the credit their companies cannot be overstated, The amendment is as follows: through December 31, 1996. it is also true that this accomplish- At the appropriate place insert the fol- Mr. President, over the years, this ment has served our Nation well. lowing: provision has enjoyed wide bipartisan Last week, the House Ways and SEC. . SENSE OF THE SENATE REGARDING THE support, resulting in its reauthoriza- Means Committee included an exten- EXTENSION OF THE EMPLOYER EDU- tion seven times. I hope Senators will sion of the tax credit for employer pro- CATION ASSISTANCE EXCLUSION once again support extension of this vided education assistance in its mark- UNDER SECTION 127 OF THE INTER- NAL REVENUE CODE OF 1986. education tax credit which has done so up of the Small Business Job Protec- (a) FINDINGS.—The Senate finds that— much to help our Nation’s workers and tion Act. (1) since 1978, over 7,000,000 American work- employers alike. Accordingly, I offer Mr. President, I do hope Senators ers have benefited from the employer edu- today a sense-of-the-Senate resolution will demonstrate their support for the

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5401 continuation of this important provi- How the English-speaking people through Mr. BREAUX. Mr. President, it is my sion and vote for this sense-of-the-Sen- their unwisdom, carelessness and good na- understanding we have 30 minutes for ate resolution to reaffirm the Congress’ ture allowed the wicked to rearm. the proponents and 30 minutes for the commitment to improving the edu- Mr. President, a clear analogy can be opponents. cation of American workers. drawn between the financial peril of The PRESIDING OFFICER. That is Mr. DOMENICI. Mr. President, I un- the United States in the immediate correct. derstand this amendment is acceptable years ahead and the military peril of Mr. BREAUX. And we have agreed to to Senator EXON, as the Levin amend- Great Britain in the years referred to, divide 15 and 15 to each side? ment was to us; is that correct? with one major difference. The PRESIDING OFFICER. That is Mr. EXON. It is, and I yield back any No one disputes—no one disputes— correct. time in opposition that we may have the fiscal danger our Nation faces if we Mr. BREAUX. I yield 5 minutes to on this side. do not control these entitlements. the Senator from Florida. Mr. DOMENICI. And I yield back We hear a whole series of siren-like The PRESIDING OFFICER. The Sen- time Senator HELMS has on the amend- voices, gentle voices saying, ‘‘Don’t do ator from Florida, [Mr. GRAHAM] is rec- ment and ask for its adoption. anything now. Let’s have more study. ognized for 5 minutes. The PRESIDING OFFICER. Is there Isn’t there an easier way of correcting Mr. GRAHAM. Mr. President, I thank objection? Without objection, it is so the situation? It’s an election year, my friend from Louisiana. It is a pleas- ordered. The amendment is agreed to. let’s wait. We can’t do anything be- ure to have worked with the centrist The amendment (No. 4021) was agreed cause we don’t have the President’s coalition in the last several months in to. support.’’ an attempt to develop a balanced budg- Mr. EXON. Mr. President, I move to Mr. President, we can follow all that et based on a realistic set of principles. reconsider the vote by which the kind of advice, but it will not cure the In my limited time, I would like to amendment was agreed to. situation one iota, and the only way to make two points. First, if this Con- Mr. DOMENICI. I move to lay that solve the financial problem that this gress is serious about achieving what is motion on the table. Nation faces is to do something about stated to be its No. 1 priority, which is The motion to lay on the table was it now. Oh, sure, we can postpone it. to develop a multiyear balanced budget agreed to. Every year we postpone makes the so- plan that would reduce the Federal def- Mr. EXON. Mr. President, I ask for a lution that much more difficult. icit to zero at the earliest practical vote on the Levin amendment that is The solution of the centrist group date and then to keep that deficit at now the pending amendment. has been, first, a realistic budget that zero for the foreseeable future, I sug- Mr. DOMENICI. We have adopted it. we do not have any savings that really gest that the vote that we are about to Mr. EXON. Did we adopt that? cannot be achieved. We do not say we take on this centrist coalition will be The PRESIDING OFFICER. The are going to make these $300 billion the ultimate test of our fidelity to that Levin amendment was adopted. savings out of discretionary accounts. principle. Mr. DOMENICI. I move to reconsider We know that will not occur. Every There is no other opportunity to pass the vote by which the Levin amend- Senator knows that will not happen. a balanced budget in 1996 other than ment was agreed to. So what we have done is said the so- that which is presently before the Sen- Mr. EXON. I move to lay that motion lution to this is to state the CPI, the ate. The reality is a balanced budget on the table. Consumer Price Index, in a realistic will not be passed which is totally The motion to lay on the table was fashion, and we have not taken the written by Democrats. We established agreed to. high side of the recommendations. that fact in the early 1990’s. A balanced Mr. DOMENICI. Mr. President, how Many of the witnesses that came before budget proposition will not be passed much time do we have on the Chafee- the Finance Committee said the CPI is which is written and supported totally Breaux amendment? overstated by 1 percent at least and as by Republicans. We validated that The PRESIDING OFFICER. There is high as 2 percent. But, no, we have truth in 1995. 1 hour of debate equally divided. gone to one-half of 1 percent because We now have an opportunity to vote Mr. DOMENICI. I yield the floor. that can be thoroughly justified. on a plan which represents a moderate Mr. CHAFEE addressed the Chair. Has there been criticism of that? Oh, centrist perspective with support from The PRESIDING OFFICER. The Sen- yes, there has been criticism: ‘‘Savings significant numbers of Senators from a ator from Rhode Island, [Mr. CHAFEE], from the CPI adjustment should not be variety of philosophical and regional is recognized. used except to shore up the Social Se- and economic backgrounds which does Mr. CHAFEE. Mr. President, I ask curity fund.’’ That is what we do, Mr. have a meaningful chance to be adopt- that the half-hour this side has be di- President. We have a statement from ed. That is the fundamental question: vided in half, with half to me and the the Social Security’s chief actuary Are we going to reject the good because other half to the Senator from Lou- that the solvency of the Social Secu- it falls somewhat short of our own per- isiana. rity trust fund, as a result of the CPI sonal view of the perfect, or are we to The PRESIDING OFFICER. Without changes recommended by the centrist say that this good is so much better objection, it is so ordered. group, will extend the solvency of the than the alternative, which is to con- AMENDMENT NO. 4018 Social Security fund. tinue to have these enormous Federal Mr. CHAFEE. I will take such time Some say that if you change the CPI deficits and all of the damage that they as I need. or go to a realistic correct tabulation do to our Nation and to our individual Mr. President, in the years 1931 to of the CPI that you are going back on lives? Are we going to miss the oppor- 1938, the people of England failed to promises made to Social Security re- tunity to get the benefits of a balanced heed the warnings that their nation cipients. That is absolutely inaccurate. budget, including the very substantial and, indeed, their lives were in peril. Nothing in the centrist plan affects benefits of a lower interest rate over They dismissed voices, such as that of commitments we have made to Social the next decade than that which we Winston Churchill, crying the alarm. Security recipients. Congress promised will have if we do not exercise this act They dismissed him as a warmonger to provide cost-of-living adjustments of discipline? and a scaremonger. Despite clear proof to beneficiaries, and we continue to do I believe, Mr. President, that the that Hitler was building a fierce war that under our plan. All our plan does course of action which commends itself machine, the people of Great Britain is make the CPI correct. to this Senate is to adopt the centrist preferred to ignore such evidence. John Mr. President, I notice there are oth- budget. F. Kennedy described that in his book, ers waiting to speak, so I will reserve I would like to speak to one element ‘‘Why England Slept.’’ And in his his- the remainder of my time. of the budget which has received some tory of World War II entitled ‘‘The Mr. BREAUX addressed the chair. comment which I think is illustrative Gathering Storm’’—that was the first The PRESIDING OFFICER. The Sen- of the principles that underlie the cen- volume—Churchill gave the theme of ator from Louisiana, [Mr. BREAUX] is trist approach. And that is that it is that volume as follows: recognized. pragmatic, it is compassionate and it

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5402 CONGRESSIONAL RECORD — SENATE May 21, 1996 builds in structural changes that will I believe the Senate has moved a giant budget plan. I believe it is the best— help keep a budget once brought to bal- step closer to implementing a balanced and perhaps the only—choice for those ance in balance for the foreseeable fu- budget. We are no longer debating Members who want to see a balanced ture. whether we should balance the budget. budget enacted this year. Our Medicare Program is in two We are actually choosing between Mr. President, we know partisanship parts. One part relates to hospitals and three separate, complete balanced does not work. If we go down that road is financed through a trust fund sup- budget proposals: the Republicans’ again with a budget that only gets Re- ported by payroll taxes. The other part budget resolution, the President’s bal- publican votes, then we may see some relates to physician’s payments, and it anced budget submission, and the cen- interesting campaign ads, but we will is supported by a premium paid by the trist coalition’s bipartisan budget plan not see a balanced budget. beneficiaries voluntarily. now pending as an amendment. We have a clear choice before us If they do not wish to receive those The President’s plan has already today. Vote for the centrist amend- physicians’ services, they can elect not been defeated in a party line vote—not ment, and vote for bipartisanship, hon- to do so and not to pay the premium. a surprising result in an election year. est budgeting, shared and fair sacrifice, The balance is paid by the general tax We now have to decide whether to and the last, best hope for a balanced revenue of the Federal Government. adopt the Republicans’ budget or the budget in this Congress. I yield the That premium has been set for most only bipartisan balanced budget plan floor. of the 1990’s to be 31.5 percent of the presented in the Senate. The PRESIDING OFFICER. Who cost of providing the physicians’ serv- If we are serious about setting the yields time? ices. Today it has dropped back to its course for a balanced budget this year, Mr. CHAFEE. Mr. President, I yield 3 pre-1990’s level of 25 percent of the cost. I think we must choose the centrist minutes to the Senator from Wash- That 31 percent, or today’s 25 percent, plan. The Republicans’ budget, as Yogi ington. The PRESIDING OFFICER. The Sen- is applied to all of the some 35 million- Berra said, is ‘‘deja vu all over again.’’ ator from Washington [Mr. GORTON], is plus Medicare beneficiaries, the most It is virtually identical to last year’s recognized for 3 minutes. affluent to the most indigent. vetoed budget bill. Our plan is based on, first, that we Mr. GORTON. Mr. President, the re- The Republican budget puts forth the marks beginning the debate this morn- should raise from the part B premium, same plan that was rejected last year the premium for physicians’ payments, ing on the part of the Senator from by the public and the President. This is Rhode Island were directly on point. the equivalent of 31.5 percent if that the plan that guided us through a year amount were applied to all of the 35 Now is the time and this is the place of vetoes, gridlock, Government shut- for the oratory to end and the true million beneficiaries. But we should downs, and stopgap spending measures. not distribute the premium across all work in balancing our budget and Mr. President, we have a chance to building a brighter future for our own beneficiaries equally. Rather, it should redeem ourselves in the eyes of the be affluence tested. generation, for our children and our American public. They have seen 2 grandchildren, is to begin. There are no We propose to have those Social Se- years of partisanship, bickering, and curity beneficiaries who are under 200 longer any real excuses. gridlock. In one vote we can send a A year ago, for the very first time for percent of poverty, which represents message that we can work together in approximately 70 percent of the bene- 20 or 30 years, this Congress actually the spirit of bipartisanship, that we passed a balanced budget that was then ficiaries, pay the current—— can bridge our differences and pass a The PRESIDING OFFICER. The Sen- vetoed by the President. But that bal- budget that is honest, balanced, and anced budget changed the entire nature ator has used his 5 minutes. fair. Mr. BREAUX. I give 1 additional of the debate. The President himself That plan is the centrist budget now proposed a budget that was balanced, minute. before us as an amendment. First, and The PRESIDING OFFICER. The Sen- as inadequate as it was unfair, but most important, this is the only plan ator has 1 additional minute. nonetheless lip service to this propo- Mr. GRAHAM. Pay the current 25 on the table that is bipartisan. It has sition. percent. Those who are between 200 been developed over the last half year Again, this year we have before us percent of poverty and $50,000 for an in- by 11 Democratic Senators and 11 Re- from the Budget Committee, with my dividual or $75,000 for a couple will pay publican Senators. We have worked in support, a budget that is truly bal- the 31.5 percent, which had been the a way that I believe the American peo- anced, but the execution of which will premium level for the first half of this ple want us to work. We have put aside almost certainly receive another veto decade. Those above the $50,000 or our own political needs and party posi- from a President in an election year. $75,000 per couple, will pay a higher tions. We have compromised. Our pri- This group, for the first time in a premium based on their income. mary goal was a balanced budget—not decade, two decades, three decades, has Mr. President, I believe that is fair, a partisan victory. And the result is an gotten together, on a bipartisan basis, equitable, and compassionate and equitable budget plan that can win the to solve the greatest problem facing makes an important structural change support of a majority of the American the United States of America, Demo- in the Medicare system which will help people. crats and Republicans working to- to preserve the long-term solvency of The budget the centrists present gether. It has a proposal that in the our Medicare system. today contains $679 billion in proposed long run creates a greater degree of fi- I cite this one example as illustrative savings over 7 years. Those savings are nancial stability and security for the of the approach that has been taken spread across almost every group in so- people of the United States than do throughout the centrist coalition budg- ciety and almost every Government any of the other proposals. Most Mem- et. But the fundamental thing that rec- program. Our plan has lower Medicare bers in this body would like to vote for ommends it is its bipartisan nature, cuts than either the Republican or it if they only believed that it would the fact that it is reality, both eco- Democratic plans but enough cuts to become law. nomically and politically. This has a guarantee the longrun solvency of the But, Mr. President, we cannot tell chance to actually pass, become law program. Our plan contains a modest whether or not it will pass the House of and make a difference in the lives of tax cut—$130 billion—that will allow us Representatives unless we pass it here Americans. I urge its adoption. to do some targeted tax credits for in the Senate. We do not know whether The PRESIDING OFFICER. Who children and give businesses some cap- a President would respond to the dy- yields time? ital gains relief. Our plan caps the out- namic of it passing both Houses until it Mr. BREAUX. Mr. President, I yield 4 of-control growth of entitlements has passed both Houses. So the ball is minutes to the Senator from Wis- through an adjustment in the CPI. in our court. If this is simply a good consin. And, most importantly, our plan try that fails, we will be debating the The PRESIDING OFFICER. The Sen- achieves real and sustainable deficit same issues over and over and over ator from Wisconsin has 4 minutes. elimination. again, but we will not have done what Mr. KOHL. Mr. President, with this Mr. President, the centrists have put we were supposed to do for the people week’s debate on the budget resolution, together a solid, bipartisan balanced of our country.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5403 If we pass it, maybe it will be de- Mr. BREAUX. I inquire, Mr. Presi- phrasing the words of the Talmud, feated in some future place in this po- dent, how much time do we have re- which come strongly from his lips. I litical debate in this election year. But maining? appreciate that sentiment. maybe it will not. Perhaps it will build The PRESIDING OFFICER. The Sen- Mr. President, I want to thank Sen- its own dynamic. Let us give it that ator has 4 minutes. ators CHAFEE and Senator BREAUX for opportunity, Mr. President. That is Mr. BREAUX. Senator LIEBERMAN re- convening this so-called centrist coali- what we were elected to do. quested some time. tion. Frankly, it has been one of the The PRESIDING OFFICER. The time Mr. CHAFEE. Mr. President, I am most satisfying experiences I have had has expired. happy to give the Senator some of my in the 8 years I have been in the Sen- Mr. BREAUX. Mr. President, I in- time. ate, because we did what I thought we quire of the Chair how much time our Mr. BREAUX. We will give 3 minutes came here to do, which was to forget side has. to Senator CONRAD. that we are Democrats or Republicans, The PRESIDING OFFICER. The Sen- Mr. CONRAD. I thank Senator focus on the responsibility that we ator from Louisiana has 6 minutes left. CHAFEE and Senator BREAUX for this have as Americans, elected by people Mr. BREAUX. I yield myself 2 min- time. from all parties in our State, and deal utes. Mr. President, what can be more with central and obvious problems— Mr. President, yesterday a great deal clear? We are headed for a cliff. Every- and, in this case, most especially, the of discussion was held about the CPI one who has examined this question imbalance in our budget. adjustment. I just want to make a cou- tells us we are headed for a cir- Sometimes when I look at the course ple comments because many Members cumstance in which if we do not that both parties are taking here, said, ‘‘We like your budget, but the CPI change course, we will either face an frankly, on matters such as the budget, is something that we can’t handle. We 82-percent tax rate in this country or a it seems to me it has become so highly don’t think it’s the right thing to do.’’ one-third cut in all benefits. That is We have had three hearings in the politicized that we might as well have where we are headed. Make no mistake. Senate Finance Committee—March 13 our press secretaries staffing us on There are many things that must be of last year, April 6 of last year, and budget questions. done in order to prevent that calamity June 5 of last year—we had a parade of This centrist coalition attempted to from occurring. We must generate sav- economists before the Finance Com- find a third way. The group was driven ings out of the various entitlement mittee. Every one of them to a person by the knowledge that if we truly want programs. We must cut other spending. said that we are making a mistake as to balance the budget, it is going to a country. The distinguished Senator All of those things must be done. take Members of both parties, working Mr. President, with respect to the from North Dakota said that yester- cooperatively, to do so. CPI that was criticized on the floor day. Our group understands, I think, the Every year we make a mistake. last night, the technical correction in first rule of compromise. It means you Every year we give every person who is the Consumer Price Index that our cannot always have your way, or, put on an entitlement program more than group has advocated on a bipartisan more eloquently, as the junior Senator they should get, by every economists’ basis, this is a question of a mistake— from Utah, Senator BENNETT, did in professional judgment. They say we a mistake. The Consumer Price Index quoting his father, ‘‘It means that you overestimate what their increase is being used to adjust for cost-of-liv- attempt’’—and I love this expression— should be from anywhere between 0.7 ing increases, not just with respect to ‘‘to legislate at the highest level at and 2 percent. entitlement programs but also with re- which you can obtain a majority.’’ So we have had the courage to make spect to the revenue base of this coun- That is perfect. That is just what we a decision that we will fix the problem. try. attempted to do in this group. We will correct the mistake. We will The economists have come to us and What does this proposal have? It say that every person in America who said, overwhelmingly, ‘‘You are over- faces the big problem in the budget is entitled to an entitlement increase— correcting by using the Consumer which is that the so-called entitle- Social Security, railroad retirees, Fed- Price Index. It is not a cost-of-living ments are skyrocketing. If we let them eral retirees—we will give you a more index.’’ Even the people who draw it up go, they will eat up our Government accurate increase in your benefits. For at the Bureau of Labor Statistics will and make it impossible for us to con- instance, in Social Security it says in- tell you it is not a cost-of-living index. tinue to do what people want us to do stead of getting a $20-a-month increase, Yet, that is what we are using it for. without grossly overtaxing them. It ap- you will get a $16-a-month increase. The economists tell us, because we are proaches entitlement reform not in a They still get an increase, a substan- doing that, we are making a mistake. weak and defensive way, but by under- tial increase. It is $4 less than they They say the mistake is between 0.7 standing that there is another side to would have gotten under the incorrect and 2 percent a year, with the most this question. formula, but everybody knows the for- likely overstatement being 1 percent. Yes, as Medicaid and Medicare go up, mula is wrong. The formula has made a What does that mean? Over 10 years, people are benefiting, but people are mistake. that means we are spending $600 billion paying for them. Just to state it brief- Are there not enough people in this by mistake—by mistake. If we cannot ly in the time I have, how can we ex- Congress to say that when we make a correct a mistake around here to ad- plain to a worker, how can I explain to mistake, we should correct it and rec- dress preventing the calamity that is a factory worker in Connecticut mak- ognize it? That is what we do in CPI. going to occur, what can we do? If this ing $30,000 a year that through his pay- I think everybody should enthusiasti- body and the other body and the Presi- check he is paying for part A and cally stand up and say we want to dent of the United States cannot cor- through his tax bills, 75 percent of part guarantee everybody in this country rect mistakes to prevent a fiscal ca- B Medicare for a senior citizen retired, gets an accurate increase based on in- lamity, what can we do? making $30,000 a year, with no kids to flation. When the formula is wrong, Mr. President, I think the question send through college or feed and Congress should have the courage to at has to be, if not now, when? If not us, clothe; or forget the $30,000—a senior least correct the mistake. That is the who? If we cannot correct a mistake to citizen making $50,000 or $100,000 or $1 only thing we do. It is supported by a prevent a financial calamity, then we million. It is unfair to the people. Republican economist, by a Demo- fail in our responsibility. We have a reasonable number on dis- cratic economist, and by everybody Mr. BREAUX. Mr. President, I yield cretionary spending, the most reason- who has testified before the Senate Fi- the remaining time we have, 4 minutes, able of any of the budget packages. Mr. nance Committee. I think it should be to the Senator from Connecticut, Sen- President, we have a sensible tax cut adopted. ator LIEBERMAN. program that will create growth, that I reserve the balance of my time. Mr. LIEBERMAN. I thank my friend stimulates savings and investment The PRESIDING OFFICER. Who and colleague from Louisiana. I thank through capital gains cuts and through yields time to the Senator from North my friend from North Dakota, who I some very creative programs to en- Dakota? am pleased to see this morning para- courage people to save more. Also, to

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5404 CONGRESSIONAL RECORD — SENATE May 21, 1996 help the middle class in targeted areas, opening remarks, I mentioned the situ- other seniors groups are almost vio- such as offering a deduction and help in ation in England in the 1930’s which lently opposed to a correction of the sending their kids to college, which, at John F. Kennedy described in his book CPI. But we haven’t heard yet from the least in Connecticut, is the greatest ‘‘Why England Slept.’’ As Winston masses of working people who will con- burden I find the middle class is shoul- Churchill said in his four-volume his- tinue to ‘‘pick up the tab’’ for as long dering as I talk to them when I go tory of the war, ‘‘The Gathering as we continue to use an overstated around the State. Storm,’’ he said the English people CPI. This is a solid, balanced, thoughtful through their nonwisdom and careless- We may well be pleasantly surprised program. Mr. President, 22 of us—11 ness allowed the wicked to rearm. by the public’s reaction when they find Democrats, 11 Republicans—have put it We have a similar situation, not a out that we can save $126 billion—as together. I hope a lot of our colleagues peril from abroad militarily but a peril this centrist coalition plan proposes— surprise us and join us in getting this from within financially. The good news by adopting a modest five-tenths of a moving in the right direction toward is we can do something about it. What percent reduction in the CPI over the balanced growth for our country. we can do now is the smartest; but, if next 7 years. This reduction is well I yield the floor. we wait, it becomes that much more below the official range, which extends Mr. CHAFEE. Mr. President, I yield difficult. from 0.7 to 2.0, by which the experts myself 2 minutes. All we are saying is one-half of 1 per- tell us the CPI is overstated. We adopt I have listened to the presentation of cent correction, as it should be and as this modest figure precisely because we our amendment, and I must say I want every economist that has come before want to make clear that our motiva- to congratulate every Senator who has the Finance Committee has told us the tion is to have an accurate CPI—and spoken on behalf of this amendment. I correction should be made. Let us seize that our actions are not driven solely think the arguments, really, are over- the opportunity, Mr. President. by budgetary pressures. powering. Mr. SIMPSON. Mr. President, I am so Nonetheless, it is impossible to ig- Here is the problem: If we continue very proud to join my colleagues in the nore the fact that this step would save on the path we are on now in this coun- centrist coalition in declaring my sup- $126 billion over 7 years and, further- try, every one of the entitlement pro- port for this bipartisan budget resolu- more, that this represents $126 billion grams is going to be in a very, very se- tion. Everyone in this Chamber should we would not have to cut from edu- vere situation. take a close look at our amendment. cation, child care, health care, trans- What did the entitlement commis- Reading this plan will be a frustrating sion say when they reported 2 years portation, infrastructure, and other and vexing experience for the critics important priorities as we work to bal- ago? This is what they found: By the who are always anxious to label legis- year 2010—how far away is that? Mr. ance the budget. lation as ‘‘extreme’’ or ‘‘timid’’ or ‘‘too It seems to me that all 100 Members President, 2010 is 14 years away. Spend- conservative’’ or ‘‘too liberal.’’ None of of the Senate would leap in unison at ing on entitlement programs—Social those tired old labels apply to this the chance to embrace this provision, Security, Medicare, Medicaid, welfare, budget resolution. as well as the broader package we are all of the entitlement programs—where This is truly a blueprint for a main- proposing. Being a realistic creature, they are locked in, unless we do some- stream budget. It is the product of however, I would be satisfied if only 51 thing, the payments on those pro- many weeks and months of com- of us do so on this particular vote. I grams, plus the interest on the na- promise and negotiation and good old- urge my colleagues to join us in this tional debt, will exceed all the Federal fashioned ‘‘give and take.’’ On issue bipartisan effort. tax revenues. All the money that after issue, Republicans and Democrats The PRESIDING OFFICER. The Sen- comes into the Federal Government in the centrist coalition have resolved ator’s time has expired. will be inadequate to cover those enti- areas of disagreement by ‘‘splitting the Who yields time? tlement programs; not a nickel left for difference’’ or ‘‘meeting each other Mr. DOMENICI addressed the Chair. the Park System or for maintaining halfway.’’ That is what legislating is The PRESIDING OFFICER. Senator our highways or for building them or all about. DOMENICI is recognized. the FBI, the State Department, the For every element of this plan that Mr. DOMENICI. I yield myself 5 min- Justice Department, whatever it is. Republicans don’t like, there is an- utes off the resolution. Mr. President, obviously, something other provision that is equally trou- The PRESIDING OFFICER. Is there has to be done. I find the arguments of bling to Democrats. Under this budget objection? Without objection, it is so the opponents difficult to understand. resolution, neither party would score a ordered. One of the arguments is, ‘‘Well, the clear ‘‘political win’’—but the Congress Mr. DOMENICI. I want to give a re- President has not said he is for this as a whole and, more importantly, the port to the Senate about where we are thing, so we should not vote for it.’’ American people would benefit tremen- and what things look like. What are we hired for? We are hired, it dously if we adopt this mainstream ap- When we started this morning, we seems to me, to do what is best for the proach to balancing the budget. had 81⁄2 hours on the resolution. country, and whether the President is The most striking feature of our plan How much of that have we used this for it or is against it does not make is that we do not shy away from cor- morning? any difference. He cannot vote here on recting the inaccuracies in the Con- The PRESIDING OFFICER. Fifty- the floor of the Senate. We can. It sumer Price Index [CPI]. We now have seven minutes. seems to me to make our vote depend- almost universal agreement that the Mr. DOMENICI. So essentially we are ing on whether this is going to pass or procedures currently used for calcu- now down to about 71⁄2 hours. Assuming not and whether the President is for it lating the CPI are flawed, thereby re- that time runs uninterrupted through- or not is hardly the route to go. sulting in a CPI that overstates infla- out the day, all time will have expired So I plead with my colleagues to tion, according to the ‘‘experts,’’ by at pursuant to the unanimous consent re- come forward and support this amend- least seven-tenths of a percentage quest at 5:30 p.m. today. Pending at the ment. point and perhaps as much as 2 per- start of today were 33 amendments Mr. President, I ask for the yeas and centage points. Yet neither Repub- that have been laid aside. We have dis- nays on the amendment. The PRESIDING OFFICER. Is there a licans nor Democrats want to be the posed of 15 amendments either by roll- sufficient second? first to include a CPI correction in its call vote or voice. Therefore, as of this There is a sufficient second. budget. morning, we have considered 48 amend- The yeas and nays were ordered. By advancing such a correction in a ments. Mr. CHAFEE. Mr. President, I will bipartisan budget, neither party will The consent agreement for first-de- take 1 more minute. receive the full blame or the full cred- gree amendments of last Thursday The PRESIDING OFFICER. The Sen- it, depending on how the public re- night listed about 75 amendments. ator has 1 more minute. sponds, for addressing this issue. It is Therefore, there could be as many as 27 Mr. CHAFEE. Mr. President, here we no secret that the American Associa- first-degree amendments still to be have a chance to do something. In my tion of Retired Persons [AARP] and considered. I am not at all sure, nor do

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5405 I in any way hold Senators to the taking place at the Washington Cathe- taxes for most taxpayers and reduce amendments that they listed, but I dral. I was just wondering if I might the earned-income tax credit. think we still have to find out a little have the attention of my colleague. I Some may see a cut in the CPI as a more about them. am wondering if it might be better for magic bullet to balance the budget and So I encourage Senators who have us to recess during the time of the me- avoid other painful choices, but it is a first-degree amendments left on this morial service with the time being bullet aimed at millions of Americans list as of last Thursday night which we charged along the lines just outlined who need help the most and who do not have not acted on yet to let the man- by the chairman of the committee. I deserve this added pain. It makes no agers know this morning if you still in- just say let us take that under advise- sense to fight hard to save Medicare tend to offer the amendments. I assume ment for now. and then attack Social Security. Legis- Senator EXON would join me in urging With that, if the Senator from Mas- lating an arbitrary reduction in the that they try to let us know this morn- sachusetts could be recognized at this CPI would clearly break the compact ing if they are going to call up amend- time as previously arranged. of Social Security. That compact says ments. Mr. DOMENICI. Let me take a work hard, play by the rules, con- Mr. EXON. If we are going to have minute off the resolution to respond. tribute to the system, and in turn you any order at all, we will have to have I will be glad, in the next 10 minutes will be guaranteed retirement security that. or so, to discuss this issue with you. I when you are old. Mr. DOMENICI. So as I look down think it is probably more important to An essential part of that compact is this list of amendments that have not your side than ours because we do not a fair Social Security COLA so that yet been brought up, I conclude that have very many amendments left. But senior citizens can be sure that their after removing the duplicative amend- if you want to use time while the hard-earned Social Security benefits ment—this is my own assessment— Boorda funeral is going on and charge will not be eaten away by inflation. there are only 10 or 12 first-degree it equally rather than a few of us re- Overall, more than three-quarters of the lower spending under the change amendments left. But I cannot reach maining in the Senate, if you think would come from cuts in Social Secu- that conclusion without the help of that through and want to offer it to us, rity alone. Nearly all the rest would some Senators who are on that list. I am thinking I will probably agree to come from other Federal retirement Not counting any second degrees that that. programs. It is the elderly who pay may be considered, this should give us Mr. EXON. We will visit about it. I hope the Senator from Massachusetts heavily if Congress adopts this change. hope that we can finish discussing all Over the next 10 years, a half-percent could be recognized at this time for 15 the amendments in the 50-hour time cut in the COLA would reduce the real minutes. period and maybe even start voting value of the median income beneficiary The PRESIDING OFFICER (Mr. late this afternoon. That depends upon Social Security checks by $2,650. By SANTORUM). The Senator from Massa- whether it will be more accommo- the 10th year, the real purchasing dating to the Senate to vote all day to- chusetts is recognized. Mr. KENNEDY. Mr. President, I value of that check would be 4.5 per- morrow rather than to start tonight. cent lower, making it even harder than thank my friend, Senator EXON, for We need some guidance from Sen- it is today for senior citizens to stretch yielding 15 minutes. I yield myself 12 ators whose names and amendments their limited incomes to pay the bills are still on this list. I think I can say minutes. Mr. President, during the course of for housing, food and medical care, and as of now that there are very few Re- other necessities. this budget debate, there have been publican amendments that are going to Under the centrist budget, the me- several proposed amendments express- be called up off the list. dian Social Security beneficiary will So I urge that the Democrat Sen- ing a fundamentally bad idea, and that see the value of the benefits they have ators that have amendments listed to is legislating a change in the Consumer earned cut by $1,200 over the next 7 let us know. We are going to stay here Price Index. These amendments have years. Let me repeat that. Under the during the funeral of Admiral Boorda been offered as stand-alone, sense-of- centrist budget, the median Social Se- right up until 12 o’clock when we re- the-Senate amendments and as part of curity beneficiary will see the value of cess for the policy, and we will be in re- the centrist coalition budget. In fact, the benefits they have earned cut by cess until 2:15. During that time, we 20 percent of the total cuts in this $1,200 over the next 7 years. will obviously do nothing here on the budget come from a legislative reduc- Reducing the Social Security COLA Senate floor. We are back in at 2:15. tion in the CPI. is a direct attack on the retirement If I have not used my 5 minutes off That kind of arbitrary action by Con- benefits that senior citizens have the resolution, I yield back whatever gress would break faith with the elder- earned. If Congress is to respect family time remains and yield the floor. ly and make a mockery of the commit- values, it has to value families, espe- Mr. EXON addressed the Chair. ment of both parties not to cut Social cially the millions of elderly families The PRESIDING OFFICER. Does the Security. It would raise taxes on low- all across America. Senator from Nebraska yield time on income, working families qualifying Changing the CPI also affects the def- the pending amendment? for the earned-income tax credit and icit by increasing taxes because income Mr. EXON. The Senator from Ne- other working families as well. It tax brackets and the earned income tax braska seeks time off the amendment. would lead to lower wage increases for credit are indexed to inflation. If the Mr. DOMENICI. I yield the Senator millions of workers throughout the tax brackets are not adjusted for infla- as much time off that as he needs. I am country at a time when one of the most tion, taxes go up and the earned in- in charge of the opposition time. I will serious challenges our society faces is come tax credit goes down. give him as much time as he wants. the decline in the living standards for Failing to adjust the tax bracket hits The PRESIDING OFFICER. The Sen- all but the wealthiest families. Such a middle-income families the hardest. A ator from Nebraska. change would be harshly regressive in family earning $36,000 would face a tax Mr. EXON. I am about ready to yield its impact. It would be unprecedented increase that as a percent of income 15 minutes to the Senator from Massa- political meddling of what has been an would be more than four times as large chusetts, half of the time. impartial factual determination of the as the tax increase faced by a family I will be allotted the half hour re- CPI. earning $100,000. Hardest hit are the maining on the pending matter. Is that Reducing the CPI would reduce cost- low-income, hard-working families; 13 correct? of-living adjustments for millions of percent of the total tax increase, $6 bil- Mr. DOMENICI. If you want Senator Americans receiving Social Security lion, would be paid by these low-in- KENNEDY to have 15 minutes in opposi- benefits, military pensions, veterans come, hard-working families under the tion, I yield him 15 minutes. pensions and civil service retirement. centrist budget. Has not income in- Mr. EXON. Maybe we could settle It would reduce the amount of supple- equality grown enough without legis- something right now. I am not sure mental security income payments to lating another tax increase that dis- that we should be in session during the the needy, and because of indexing of proportionately harms working fami- important matter that is going to be tax brackets, it would raise income lies?

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5406 CONGRESSIONAL RECORD — SENATE May 21, 1996 The impact of cutting the CPI tification for its conclusions, and I yield the remainder of my time. reaches well beyond the Federal budg- therefore provides no basis for Con- The PRESIDING OFFICER. The Sen- et. It is also a direct attack on the gress to change tax policies or entitle- ator from Rhode Island. wages of working families. Many work- ment policies such as Social Security. Mr. CHAFEE. Mr. President, we have ers have CPI adjustments in their col- In fact, for the elderly, the group had a wonderful presentation just com- lective bargaining contracts, but every most affected by any change, the most pleted about why this Nation does pay increase is affected by CPI. If the authoritative study by the Bureau of nothing about facing up to the prob- CPI is reduced by Congress, wages will Labor Statistics suggests that the CPI lems that confront us. Sure it is easy be lower, too, for virtually all workers may understate rather than overstate to trash any proposal that comes be- across the country. the true increase in the cost of living fore us. That is what we see. Not one There is no greater source of dis- because of the rapid increase in the word—not one word about what to do satisfaction in American families than medical costs for the elderly. about the crisis our country faces in the continuing erosion of their living To legislate an arbitrary change in these entitlement programs in the fu- standards. Except for the wealthy, the the CPI would be unprecedented. In the ture years. I find it terribly dis- story of the past two decades has been, entire history of the CPI, the Congress appointing that the Senator from Mas- work harder and earn less. Cutting the has never tried to impose a politically sachusetts chose this opportunity to go CPI will make a bad situation even driven adjustment, and there is no ex- out of his way to trash all the pro- worse by putting even greater down- cuse for imposing one now. Senior citi- posals that we presented but not a ward pressure on the wages of every zens and working families across the word about doing something about it. American. country depend on a fair CPI, and Con- Right here we had presented why the One argument made by the pro- gress should keep it that way. Congress of the United States refuses ponents of this idea of lowering the CPI Mr. President, I believe that that to face up to the problems we have be- is that it is merely an overdue tech- provision is unwise and unjustified. It fore us. nical correction that should be sup- provides, according to their own pro- Mr. KENNEDY. Mr. President, may I ported as a matter of good government. posal, total cuts of $126 billion over 7 reclaim time to be able to respond for This claim cannot pass the truth-in-ad- years. That will be a Social Security 3 minutes? May I have 3 minutes to re- vertising test. The technical argument cut of some $47 billion. It is going to spond to the assault that the Senator for lowering the CPI has been made by amount to $1,205 for the median Social from Rhode Island made upon me? Mr. EXON. Reserving the right to ob- the Boskin Commission, which was ap- Security recipient, and it is going to ject, we are trying to get something pointed by the Senate Finance Com- reduce the value of the earned-income done here before 10:30. I thought we had mittee to examine the issue. The com- tax credit by $6 billion. an orderly process going on. But the mission issued a report in September of Who are these people? They are men Senator from Massachusetts, I think, 1994 which identified several biases in and women who are working, making is entitled to reclaim the time he the calculation. The commission as- $25,000 to $28,000 a year. That is where yielded back, given the insertion of the serted that the CPI had overstated in- it is gradually being phased out. It is remarks by the Senator from Rhode Is- flation by 1.5 percent a year. For the going to take $6 billion out of their re- land. future, the commission predicted the sources. The PRESIDING OFFICER. Who The Democrats are over here talking CPI would be 1 percent a year too high. yields time? The major problem with the commis- about increasing the minimum wage. Mr. KENNEDY. How much time did I sion’s analysis is that the sources of That is $3.2 billion a year. They are yield back? bias it identifies are also identified by talking about taking $6 billion out of The PRESIDING OFFICER. The Sen- the nonpolitical, professional econo- families with children that are on the ator yielded back 3 minutes. mists at the Bureau of Labor Statistics lower economic ladder. To believe that Mr. KENNEDY. Mr. President, I re- in the Department of Labor. They have these families are part of the problem claim that time. the responsibility for setting the CPI in terms of what we are facing in this Mr. President, with all respect to my each year. They do so fairly and impar- country, I think is unjustified and un- good friend from Rhode Island, in the tially. They make periodic corrections wise. various Republican proposals they had to take account of any biases up or Mr. President, I think the basic con- $4.4 trillion in, effectively, tax breaks down that affect the index. The Bureau cept of legislating an adjustment in the for the wealthiest corporations and already plans to reduce the CPI by CPI, that some are willing to accept companies in this country. And, in- about two-tenths of 1 percent in 1997. and interject based upon the Boskin stead of finding that $100 billion over This reduction is already assumed in Commission, which was basically the period of the next 7 years from cor- the budget projections for the next 7 flawed, is sending a very powerful mes- porate welfare, from tax breaks that go years. sage to our seniors. The elderly in this to the wealthiest individuals and cor- The issue is not whether there should country are going to have a very real porations and drive American jobs be changes in the CPI but who should reduction in terms of their income over overseas, he is taking it out on the el- make them and how large they should a period of years. derly and workers in this country. So I be. The Boskin Commission’s work is a It is sending a message to workers do not yield to those words of the Sen- poor basis for changing the CPI. As the who are below the average median in- ator from Rhode Island. When you Commission itself acknowledged, it did come in this country that it is OK if start to get after corporate welfare, little original research. The Commis- they are going to lose some of the pro- Senator, when you start to support sion’s membership was stacked with tections they have now primarily fo- even what the administration talked economists who believed that the CPI cused on their children. It is going to about, $60 billion, when we start hav- was overstated. According to Dean send a general message to all workers ing, in your proposal, something that Baker, an economist at the Economic across this country that it is OK that is reducing that corporate welfare, Policy Institute, all five members had they will see a reduction in their wages then you will have some credibility in previously testified they believed the because most of the contracts that are speaking about that. Your proposal CPI was overstated. Economists who signed are tied to the CPI. Here we are eliminates a minuscule $25 billion in gave contrary testimony were ex- in the Chamber of the Senate with just corporate tax loopholes—$25 billion cluded. some votes effectively saying to work- versus a tax cut of $100 billion. In total, According to Joel Popkin, another ers all across this country that their your proposal cuts over $270 billion in expert on the CPI, the Commission incomes are going to go down. spending for the elderly and the less comprised five of the six witnesses be- So this is a very, very important as- well off through the Medicare, Med- fore the full Finance Committee who pect of what is allegedly the com- icaid, welfare, and EITC programs. I gave the highest estimates of bias. As promise proposal. It is unwise. It is un- have not heard you speak about these Mr. Popkin also pointed out, the in- justified. I hope for that reason as well particular issues and I reject the criti- terim report of the commission falls as others that the Senate will not ac- cisms of the Senator from Rhode Is- far short of presenting adequate jus- cept that proposal. land.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5407 Several Senators addressed the apply their new enthusiasm to the budget. In Unfortunately, funds were not appro- Chair. this murky atmosphere, it is important that priated in a timely fashion for the most re- Mr. CHAFEE. May I have 30 seconds? economists at least see the issues clearly. As cent rebenchmarking. As a consequence, the The PRESIDING OFFICER. The Sen- someone who worked to address the problem new index will not be ready until 1998 rather than this year, when it normally should have ator from Nebraska. of CPI bias before it became so fashionable, I offer in this paper one view of the technical been introduced. Perhaps, the newly found Mr. EXON. Mr. President, much has issues, as well as some thoughts about how urgency concerning quality price statistics been said about CPI. I ask unanimous COLA adjustments might figure in a deal to will lead to more frequent and more regular consent that at this point an article by balance the budget. rebenchmarking in the future. For now, all Mr. Jim Klumpner on CPI bias be HOW BIG IS THE BIAS? of the participants in the budget debate are printed in the RECORD. Various reputable analysts have made assuming that the reported CPI will rise at There being no objection, the article guesses about the size of possible CPI biases, least 0.2 percentage point less than it other- was ordered to be printed in the and their guesses span a rather broad range. wise would have after 1998. RECORD, as follows: The BLS, which not only produces the CPI FORMULA BIAS AND OUTLET BIAS Formula bias results from the sample rota- FACT AND FANCY: CPI BIASES AND THE but also has pioneered much of the research tion procedures used by BLS. The Bureau up- FEDERAL BUDGET on potential biases, tends to be at the low end of the range. They estimate very small dates 20 percent of its surveyed outlets each 1 (By Jim Klumpner ) effects for the individual components of the year in an effort to keep their mix of both Does the consumer price index have an up- overall bias, which in their view totals about outlets and items more current. Past BLS ward bias? The author believes that, while a half percentage point of the annual infla- procedures, in combination with fixed ex- substitution and formula biases exist, to- tion rate. This is similar to the conclusions penditure weights, gave improper weights to gether they might amount to 0.3 to 0.5 per- of the Congressional Budget Office (CBO), items whose prices are especially volatile. centage points. Other alleged causes of bias which argued for a range of 0.2 to 0.7 percent- For instance, if an item happened to be on are not considered significant. The budget age points in early 1995. Other economists sale when the update was made, its fixed ex- negotiators already have incorporated sub- have advanced much higher estimates. Most penditure share corresponded to a tempo- stitution and formula adjustments in their noteworthy is the 0.7 to 2.0-percentage-point rarily overstated number of units, because of baseline assumptions. To go beyond this is range proposed last September by a commis- its temporarily depressed price. When the an attempt to camouflage an increase in sion headed by Michael Boskin who, I hasten item’s price returned to a more ‘‘normal’’ taxes and a cut in Social Security, which to note, has long been an ardent advocate for level, the impact of that price increase was could be regressive and call for excessive sac- quality statistics.3 overstated because it was multiplied by an rifice by the elderly. It should not be too surprising that re- inflated number of units. Similarly, items On January 10, 1995, Federal Reserve Chair- spected economists cite such a large plau- whose prices were temporarily high were un- man Alan Greenspan suggested that adjust- sible range for CPI biases, going from almost dervalued, as was the subsequent fall of that ing the Consumer Price Index (CPI) for al- nothing to 2.0 percent per year. After all, we price to a ‘‘normal’’ level. leged upward biases might produce federal are trying to estimate the extent of our ig- The BLS became aware of the formula bias budget savings measures in hundreds of bil- norance. This is the classic boot-strap prob- some time ago and has been working to cor- lions of dollars. Understandably, politicians lem in philosophy. How can you measure rect if for the past couple of years.5 They are and political commentators found this very what you don’t know, when you don’t know replacing their previous procedures with a exciting, being largely unencumbered by what you don’t know? Of course, this uncer- ‘‘seasoned’’ sample, which should more accu- technical knowledge about it. Gobs of free tainty among the experts does little to tem- rately distinguish short-term price volatility money? Why didn’t we notice this before. per the certitude of others. from enduring price change. BLS expects Within days, Speaker of the House Newt I tend to line up with the smaller bias esti- that this work will be complete by January Gingrich let loose with a typically vesuvial mates endorsed by the BLS and CBO, and I 1997. When the budget negotiators became outburst: ‘‘We have a handful of bureaucrats find the very high estimates of the Boskin aware of this, Senators Dole and Domenici who, all professional economists agree, have commission implausible. Fortunately, there and Congressmen Gingrich and Kasich offi- an error in their calculations. But we can’t is fairly wide agreement on what kinds of bi- cially requested that BLS predict what the tell these people to get it right? If they can’t ases might exist. By going through these future results of their current research get it right in the next thirty days or so, we components one by one, we at least can iso- would show. Though somewhat uncomfort- zero them out, we transfer the responsibility late where differences in opinion lie. able with the request, BLS responded that to either the Federal Reserve or the Treas- SUBSTITUTION BIAS they guessed the formula bias was between 2 ury and tell them to get it right.’’ Like his The substitution bias is one component of 0.1 and 0.3 percentage points, and the budget colleagues, the Speaker was untroubled by this problem on which most analysts can negotiators have now built this assumption subtleties, such as the conflict of interest agree. When the CPI is used as a measure of into their baselines as well. posed by having the nation’s primary infla- the cost of living, it fails to capture con- The Boskin commission’s September re- tion fighter control the data by which its sumers’ ability to change the ‘‘market bas- port also argued that there is an outlet bias, performance is judged. No matter; the qual- ket’’ of things that they buy. If the price of distinct from formula bias, that they believe ity of federal statistics had hit the bigtime. entertainment rises, for example, consumers adds another 0.2 percentage points to re- The situation to which this has now led can offset the impact of this on their well- ported inflation. As noted above, the sample holds rich ironies for me. Both at the Senate being by purchasing more of something else, rotation procedure is intended partly to en- Budget Committee and at the Joint Eco- like food. A price index with fixed expendi- sure that the outlets surveyed are those at nomic Committee where I served previously, ture weights like the CPI will overstate the which consumers actually shop. BLS is con- I have worked with a few far-sighted Demo- impact of rising prices for some items be- fident that there is no outlet bias inde- cratic members of Congress to promote the cause it fails to account for consumers’ sub- pendent of the formulas bias. Indeed, it integrity of the federal statistical system. stitution of other items whose prices have seems unbelievable that the price division at By and large, this effort consisted of defend- risen slowly or fallen. BLS could remain ignorant of K-Mart, Price ing agencies like the Bureau of Labor Statis- When prices change by relatively small Club and CompUSA when these firms spend tics (BLS) from penny-wise but pound-fool- amounts over short periods of time, substi- millions of advertising dollars to make cer- ish budget cuts. We were privileged to have tution bias isn’t much of a problem. Over tain that the rest of us are aware they exist. the National Association of Business Econo- long periods of time, however, prices can The commission’s incorrect ideas about mists as allies in this effort, even though drift substantially up or down, leading to outlet bias and somewhat higher estimate most NABE members probably wouldn’t correspondingly large changes in consumers’ for formula bias probably are the inad- count themselves as Democrats. Now all of a purchasing patterns. Thus, the substitution vertent results of the haste with which the sudden, the cause of quality statistics seems bias grows over time. A widespread con- September report was put together. It is un- to have acquired a horde of new allies, many sensus exists that the substitution bias aver- fortunate that the commission had time for of them Republican politicians. It reminds ages about 0.2 percentage points over the only the briefest of briefings from the BLS me of a response that Robert Redford once course of a decade. analysts who work full-time on the CPI. gave when asked what it was like to have BLS argues that they never intended the Greater familiarity with what the Bureau gorgeous women flock to him: ‘‘Where were CPI to be a cost-of-living index and that they actually is doing might have avoided these they before I became rich and famous?’’ are well aware that a fixed-weight index suf- misunderstandings, as well as some of the Unfortunately, the new allies of statistical fers from substitution bias when used as a unrealistic notions about quality adjustment integrity are pursuing their cause with zeal cost-of-living proxy.4 Nonetheless, they have discussed below. and urgency typical of recent converts. Poli- accommodated the problem in the only way QUALITY CHANGE BIAS AND NEW PRODUCTS BIAS ticians and journalists have been hazarding possible, i.e., with periodic revisions of the Most of the differences between econo- wild, research-free guesses about the size of expenditure weights to reflect more current mists’ estimates of CPI bias stems from dif- CPI bias and proposing nonsensical ways to purchasing patterns. In the past, this was ferent views about quality change bias and part of the BLS’ regular decennial new products bias. For instance, the Boskin Footnotes at end of article. rebenchmarking of the CPI. commission’s September report claimed that

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5408 CONGRESSIONAL RECORD — SENATE May 21, 1996 these two effects probably accounted for be used to estimate the proper quality ad- are novelties. The Boskin commission’s re- about 0.5 percentage point of bias and might justment. For some other items, the BLS at- port complains that ‘‘the microwave oven account for as much as 1.3 percentage points. tempts to measure directly the additional was introduced into the CPI in 1978 and the I would argue that the effect of these two cost of added attributes, as they did with VCR and personal computer in 1987, years factors is close to zero. smog equipment on autos. Neither of these after they were first sold in the market- The basic concept underlying these two ef- procedures is perfect, but the imperfections place.’’ 8 Even now, however, these items fects is quite straightforward. Quality necessarily result from the inherent have weights measured in hundredths of a change bias occurs when the characteristics unmeasurability of quality itself. percentage point and properly so. Many of an item change at the same time that its One procedure for handling quality adjust- households do not even own PCs, microwaves price changes. Some of the price change ment that BLS sometimes employs and that and VCRs, let alone Salad-Shooters. Those should be attributed to the new characteris- appeals to most economists is called the ‘‘he- who do own such items purchase them only tics, but some should be interpreted as a donic’’ technique. This involves regressing infrequently. It is this that gives them a change in the price of the old characteris- past prices of an item on past changes in its tiny weight compared to things like rent and tics. If the new item is in some sense twice characteristics. The coefficients from such a food, which loom large in the average con- as good as the old item and its price is also regression are then used to attribute some of sumer’s budget. BLS must make a judgment twice as high, the item’s quality-adjusted the item’s current price change to current about when new items comprise a suffi- price should not change. changes in characteristics, with the residual ciently large proportion of expenditures to The issue of new products bias is concep- being ‘‘pure’’ price change. It is fairly tricky justify inclusion in the CPI. The evidence for tually similar because consumers face a new to decide on a comprehensive set of inde- these high-profile examples suggests that the range of offerings in the marketplace, just as pendent variables so that the results do not Bureau’s judgment has been correct. they do when product quality changes. For suffer from omitted variables bias. This is a instance, the proper way to analyze the in- particular danger because any important Table 1.—CPI expenditure weights, 1995 troduction of a new drug that replaces a sur- unmeasurable factors necessarily will be gical procedure might be to compare the omitted by their very nature. Durable Goods ...... 10.6 characteristics of these two treatments, both Another serious practical difficulty in of which are expected to have the same making quality or new product adjustments, therapeutic result. With both quality adjust- whether hedonic or not, is cost. Large quan- New Vehicles ...... 5.1 ment and new products, we need to distin- tities of auxiliary data must be collected for Used Vehicles ...... 1.3 guish ‘‘pure’’ price change from the part that each adjusted item, and highly trained House Furnishing ...... 3.5 reflects consumers’ enhanced welfare due to econometricians must be hired to do the Other Durables ...... 0.7 new market options. analysis. Furthermore, it is hard to know One notable paper argues that the flux of where to stop, short of comprehensive qual- new offerings available in the marketplace is ity adjustment for every item in the CPI. It Nondurable Goods ...... 32.8 itself a significant contributor to consumer is safe to say that BLS does as much quality welfare, even if the items are not all that adjustment as their appropriations allow. Food and Beverages ...... 17.4 new.6 The paper arrives at this conclusion by The political process should provide the nec- examining the case of Apple-Cinnamon essary funds if there now is a burning desire Apparel ...... 5.1 Cheerios. The conclusion seems to derive for more. Other nondurables ...... 10.3 from estimating the considerable surplus ARGUING FROM ANECDOTE generated by marching down the demand curve from its intersection with the price Because there hasn’t been a comprehensive Services ...... 56.6 axis to the place where it intersects the sup- research effort to adjust a broad range of items in the CPI or to account for newly in- ply curve. Shelter ...... 28.0 What appears to drive the analysis, how- troduced goods, arguments in these areas Utilities ...... 7.0 ever, is the assumption of imperfect com- usually rely on anecdote. The danger in ar- petition, which implies that increased pur- guing from anecdote, of course, is that an Medical Care Services ...... 6.0 chases of Apple-Cinnamon Cheerios don’t anecdote may seriously misrepresent the Other Services ...... 15.6 merely displace other cereal purchases and more general case. I believe that this is the Source: Bureau of Labor Statistics. the consumer surplus associated with them. source of error in the very high estimates for I have focused my arguments about quality It seems unreasonable to believe that house- quality adjustment and new product biases adjustment and new products bias on the 0.7 holds stock an ever-increasing quantity of of the Boskin commission and others. percent of the CPI that the proponents of breakfast cereal to accommodate the diz- The commission’s September report explic- large bias adjustments usually cite. Perhaps zying variety of new offerings. Most people itly notes that most of the evidence for up- there are other components of the CPI with can only eat just so much cereal. ward price bias due to these two factors Discussion of quality adjustment and new comes from nonauto consumer durables. The larger expenditure weights that have had products bias raises a similar metaphysical report cites VCRs, televisions, microwave significant quality improvements but have puzzle to the one mentioned earlier in this ovens and PCs as hallmark examples. How- been ignored. Let’s see. article. After all, ‘‘quality’’ is usually distin- ever, Table 1 shows that nonauto consumer new motor vehicles account for 5.1 percent guished from ‘‘quantity’’ because it is essen- durables account for only 4.2 percent of the of the CPI. The Boskin report itself notes tially nonquantifiable. How then should we expenditure weights in the CPI. House fur- that the case for quality adjustment bias measure something that we already have de- nishings, which can hardly be said to show here is murky. They cite the ambiguity of fined as essentially unmeasurable? For ex- rapid increases in quality, account for 3.5 balancing the negative quality adjustment ample, one of the most striking aspects of percent of spending, leaving only 0.7 percent for decreasing auto size with the positive ad- Windows software is the fact that its prettier of monthly expenditures for the whiz-bang justment for improved fuel efficiency, itself than DOS. There is no obvious way to at- stuff. This very low weight stems not from a function of the (declining) price of gaso- tribute a specific portion of the program’s low prices for these items but from the fact line. Used vehicles, which make up 1.3 per- price to this improvement in quality. that they are infrequently purchased. cent of the index, probably did show some In addition, economists like to believe that Such tiny expenditure weights for the upward drift in quality in the past, but BLS everything can be reduced to market prices, goods with which we typically associate has taken steps to account for this since even though this clearly is untrue for a wide quality improvement must imply astronom- 1987. As mentioned above, household fur- range of public goods for which markets fail. ical rates of improvement in order to justify nishings (3.5 percent of expenditures) prob- For instance, the required installation of the quality bias assumed by the Boskin com- ably haven’t shown appreciable quality im- smog controls on autos raises their price. It mission and others. For example, if goods provements, and new furniture in particular is doubtful that individual consumers per- imparting quality bias to the CPI represent seems to have become cheesier in my opin- ceive this as an improvement in the quality only 1 percent of the index, then their qual- ion. of their cars, though all of us may benefit ity would have to improve at 100 percent per What about nondurables? Food and bev- from the cleaner air that results. How does year in order to arrive at a 1.0-percentage- erages account for 17.4 percent of the index. one put a value on the improvement in air point bias. The new PC that I bought this Staples like meat, poultry, fish, eggs, milk, quality when there is no private market for year certainly is better than the one I cheese, fruits, vegetables, sugar, flour, etc. clean air? How should we evaluate new bought six years ago, but it’s not sixty-four may have seen some improvements in antitheft devices on cars that compensate times as good. Advertisers’ gaseous claims freshness and selection, although rising sal- for rising fear of crime? notwithstanding, the new PC has not revolu- monella contamination should give pause. As a practical matter, BLS already makes tionized my life nor had an important im- Prepared foods may have shown some qual- a serious attempt to adjust for quality pact on my well-being. ity improvements but not much. Other non- changes where they believe them to be a The problem of small expenditure weights durables are mainly apparel (5.1 percent) and problem.7 If both the old and new models of is especially important for new products various other goods like fuels, tobacco and some item exist in the market at the same bias. Newly introduced items necessarily school supplies (10.3 percent), for which qual- time, the difference between the prices can have tiny expenditure weights because they ity improvements would seem trivial.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5409 What about services, which account for 56.6 The point here is not whine nostalgically effects appear to result from overly enthusi- percent of expenditures? A whopping 28.0 per- that nothing is as good as it used to be. astic extrapolation, if not wishful thinking. cent of the typical consumer’s budget is Rather, I am arguing that once we get away THE CPI’S EFFECT ON THE FEDERAL BUDGET taken up with shelter. Here, the Boskin re- from a few high-profile examples related to As noted at the beginning, the whole rea- port acknowledges that there was a serious infrequently purchased household appli- son that these issues have come to popular downward price bias in the past that resulted ances, even the direction of quality adjust- attention is that small changes in the rate from BLS’ inadequate adjustment for aging ment is ambiguous at best. There is no ques- at which government spending programs and and depreciation. This downward bias in the tion that modern market economies produce taxes are indexed can have huge effects on CPI’s largest single item has been corrected a great deal of flux in the range of products the federal deficit. The great attraction of by the Bureau. Utilities account for 7.0 per- offered, but many of the offerings are mere- fiddling with the CPI is that it can be used cent of spending, and there certainly has tricious rather than meritorious. To say that to extract money from literally millions of been little improvement here except for all of this change represents an inexorable taxpayers and benefit recipients. Table 2 phone service. improvement in the average consumer’s shows CBO’s official estimates of the budget Medical care services are another 6.0 per- quality of life is panglossian. Once one looks at the relative importance savings that would result from reducing CPI cent, and the situation here is a bit ambig- of different items in the CPI and the actions indexing by a full percentage point. Seven- uous. Services for medical crises clearly that BLS already has taken to address qual- year cumulative savings amount to $281 bil- have improved, although these expenditures ity adjustment and new products problems, lion, with an impact of almost $82 billion in are infrequent by their very nature, and the the very high estimates of these biases be- FY 2002. About a third of the money comes out-of-pocket costs for the average consumer come unbelievable. I would argue that, if from higher income taxes, another third are rather small on a monthly basis. On the these factors do impart an upward bias, it is comes from Social Security, almost a fifth other hand, routine visits to the doctor have a couple tenths of a percentage point at comes from reduced debt service and the rest become pretty annoying. Certainly, if there most. The most important spending for the comes from other federal retirement pro- has been progress in the quality of medical average household still has to do with basic grams, EITC and SSI. care, it has had only marginal effects on mo- human needs: shelter, food, clothing, trans- It is easy to see how attractive it is for rality, morbidity and lost work time. portation and basic health care. The great budget negotiations to scale back indexing The anecdotal evidence for the remaining quality improvements in these areas were under the guise of statistical integrity. The 15.6 percent of spending that goes to other achieved long ago. Current quality advances budget negotiators already have incor- services suggests deterioration as often as largely are limited to items that clearly are porated baseline changes corresponding to a improvement. Declining test scores certainly accessories to our lives or to situations that 0.4-percentage-point adjustment to account aren’t reassuring to consumers wondering if occur only rarely. for BLS’s existing efforts to eliminate sub- they’re getting their money’s worth for out- In sum, then, I believe that the very large stitution and formula biases. The arguments of-pocket education expenses. Smaller air- overall bias that some analysts allege dis- above suggest that going beyond this is sci- plane seats and deteriorating public trans- torts the official CPI is about one-third entifically questionable. However, this is ex- portation also suggest declining quality. science and about two-thirds virtual reality. actly what is being debated as this is being Shoe-box movie theaters with dinky screens A firm consensus exists regarding the substi- written in December 1995: an additional ad and stale popcorn have not brightened the tution and formula biases, both of which hoc adjustment to account for purported movie-going experience. The shopping expe- BLS already is working to eliminate. With (though unmeasured) quality and new prod- rience itself is less pleasant, and haircuts are regard to the alleged outlet bias, some ana- uct bias. This seems to be an attempt to use about the same. Of course, there are im- lysts appear to be misinformed about what statistical subtleties as a figleaf for increas- provements in the quality of some consumer BLS actually does. And with regard to qual- ing income taxes and cutting retirement service, notably ATM banking. ity adjustment and new products bias, large benefits. TABLE 2.—REDUCTION OF DEFICIT FROM 1.0 PERCENTAGE POINT CPI ADJUSTMENT [In billions of dollars]

1996 1997 1998 1999 2000 2001 2002

Revenues ...... 1.8 5.5 9.8 13.1 17.7 23.0 27.1 Outlays ...... 3.1 8.4 14.1 20.2 26.5 32.7 39.8 SS, RR retirement ...... 2.6 6.2 10.1 14.1 18.4 22.8 27.4 Other retirement ...... 0.3 1.2 2.1 3.1 3.8 4.7 5.6 SSI, EITC ...... 0.2 1.0 1.9 3.0 4.3 5.2 6.8 Offsets ...... 0.0 ¥0.1 ¥0.2 ¥0.4 ¥0.7 ¥1.0 ¥1.4 Debt service ...... 0.2 0.8 2.0 4.0 6.7 10.2 14.7 Total deficit reductions ...... 5.0 14.7 25.9 37.3 50.9 65.9 81.6

Source: Congressional Budget Office.

That’s not to say that reducing indexing burden of deficit reduction and because it TABLE 3.—DISTRIBUTIONAL EFFECTS OF REDUCED CPI should be considered a totally unacceptable would leave the nation without defenses. INDEXING—Continued tool for deficit reduction. It does mean that In this regard, it is important to note that we should be honest about what we are the diet COLA is regressive on balance, ex- Share of Share of Share of Number doing. What is being proposed this year used tracting relatively large budget savings from Adjusted, pretax family revenue spending total of fami- income 1 change change change lies (mil- to be called a ‘‘diet COLA,’’ a catchy term low-income households and relatively small (percent) (percent) (percent) lions) that distinguishes nicely between ad hoc amounts from the well-to-do. Table 3 shows changes and those based on scientific re- CBO’s estimates of a diet COLA’s impact. It $100,000 to $200,000 .... 17.0 5.4 10.9 7.0 search. Scaling back indexing is not a ‘‘cor- is important to note that the adjusted fam- Over $200,000...... 11.3 1.2 6.0 1.0 rection’’ of the CPI and does not ‘‘reduce’’ ily income concept used in the table includes 1 Adjusted income is the sum of wages, salaries, self-employment income, the CPI. One Republican senator offered and the employer’s share of payroll taxes for So- rents, taxable and nontaxable interest, dividends, realized capital gains, and all cash transfer payments. Income also includes the employer share of So- then withdrew an amendment to this year’s cial Security and unemployment insurance cial Security and federal unemployment insurance payroll taxes, and the cor- Budget Resolution that BLS ‘‘shall reduce as well as CBO’s attribution of the corporate porate income tax. the annual percent change in the consumer income tax by income class. As a con- Source: Congressional Budget Office. price indexes by 0.7 percentage points.’’ (em- sequence, the income concept also is ad- The table shows that, even with this in- phasis added) No mention here about just justed for family size, but that has a much flated income measure, more than a third of how that might be done, but plenty of con- smaller impact on the distributional conclu- the diet COLA’s total burden is borne by fidence that science was on his side. sions. families below $30,000 per year, or about 45 percent of all families. Fully 56 percent of THE EFFECTS OF A DIET COLA ON THE INCOME TABLE 3.—DISTRIBUTIONAL EFFECTS OF REDUCED CPI DISTRIBUTION the burden falls on families below $50,000 per INDEXING year, who constitute 57 percent of all fami- Whether or not a diet COLA ought to be in- lies. The table also shows that the effect on cluded in a comprehensive budget deal de- Share of Share of Share of Number Adjusted, pretax family revenue spending total of fami- the tax side is mildly progressive, but this is pends upon the same criteria as any other income 1 change change change lies (mil- offset by both the regressivity and larger im- deficit reduction tool: How is the burden of (percent) (percent) (percent) lions) pact of the spending side. deficit reduction apportioned across society, Clearly, this creates problems for those Less than $10,000 ...... 0.9 10.5 6.0 14.6 and will there be collateral effects that are $10,000 to $20,000 ...... 7.7 20.1 14.2 18.5 politicians who care about the income dis- unpalatable? Thus, we don’t ask that the $20,000 to $30,000 ...... 11.6 17.5 14.7 16.6 tribution. It is one thing for the diet COLA budget be balanced by eliminating the De- $30,000 to $40,000 ...... 9.5 14.4 12.1 13.5 to be included as one part of a deficit reduc- $40,000 to $50,000 ...... 7.7 10.3 9.1 10.8 fense Department, because it would be unfair $50,000 to $75,000 ...... 18.3 14.3 16.2 17.7 tion plan that is progressive in its overall to ask the defense sector to bear the entire $75,000 to $100,000 ...... 16.1 6.0 10.8 8.6 profile. However, it is quite another thing to

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5410 CONGRESSIONAL RECORD — SENATE May 21, 1996 add a diet COLA to a budget plan that al- elderly under most of the deficit reduction rebench- marking and more frequent sample ready is regressive in its overall effect. plans being discussed. rotation. As this is being written, a group of fiscally The budget negotiators already have incor- conservative Democrats, known as the Coali- TABLE 4.—DECEMBER TO DECEMBER CHANGE IN OFFI- porated adjustments in their baseline as- tion or Blue Dogs, has proposed a clever de- CIAL CPI AND EXPERIMENTAL PRICE INDEX FOR THE sumptions to account for the two most firm- vice that mitigates the regressive effect of ELDERLY ly established components of the CPI bias; the diet COLA on the spending side. As with substitution and formula bias. Going beyond other diet COLAs, they suggest that the Experi- this is not justified by firm evidence. To do cost-of-living adjustment for various spend- mental so while claiming a scientific justification CPI–U price index amounts to an attempt to camouflage an in- ing programs be keyed to the official CPI (percent) for the el- minus some specified factor, like 0.5 percent. derly (per- crease in taxes and a cut in Social Security. However, they would also stipulate that the cent) A diet COLA should not be adopted as part of a deficit reduction plan that already is like- reduced COLA received by all individual 1983 ...... 3.8 3.7 beneficiaries of a program be equal to the 1984 ...... 4.0 4.1 ly to be fairly regressive unless some effort dollar amount for the average beneficiary. 1985 ...... 3.8 4.1 is made to counter the regressive effects. In 1986 ...... 1.2 1.8 addition to remediating the income This means that those beneficiaries who are 1987 ...... 4.4 4.5 better off would receive a diet COLA that 1988 ...... 4.4 4.5 regressivity of the diet COLA, one also would also was a smaller percentage adjustment 1989 ...... 4.6 5.2 need to ensure that it was not part of a def- 1990 ...... 6.3 6.6 icit reduction plan that called for excessive than otherwise. Some beneficiaries well 1991 ...... 3.0 3.4 below the average would actually come out 1992 ...... 3.0 3.0 sacrifice by the elderly, whose retirement ahead. 1993 ...... 2.7 3.1 benefits may well have been underindexed in 1982–93 ...... 49.7 53.8 the past. THE EFFECTS OF THE DIET COLA ON THE AGE DISTRIBUTION Source: Nathan Amble and Ken Steward, ‘‘Experimental price index for el- FOOTNOTES derly consumers,’’ Monthly Labor Review, May 1994. Part of the reason that the diet COLA has 1 Jim Klumpner is chief Minority Economist, U.S. such a severe effect on very low income fam- The BLS researchers stressed that one Senate Budget Committee, Washington, DC. The opinions expressed in this paper are those of the au- ilies is that the indexed spending programs would need a much more comprehensive ef- fort to create a reliable CPI for the elderly. thor and do not necessarily represent official posi- are almost entirely retirement programs and tions of the Democratic members of the Senate elderly households tend to have low incomes. In particular, one would have to discern Budget Committee. This highlights another distributional issue whether they shop at the same kinds of out- 2 Quoted in Washington Post, January 18, 1995. for those who care about such things: the im- lets as younger consumers and whether they 3 Michael J. Boskin, Ellen R. Dulberger, Robert J. pact of the diet COLA on the age distribu- purchase the same kinds of items. Anecdotal Gordon, Zvi Grilliches, and Dale Jorgenson, ‘‘To- tion. Here again, the question is not just its evidence suggests that they don’t and the di- ward a more accurate measure of the cost of living,’’ vergence between the CPI and the cost of liv- September 15, 1995, Senate Finance Committee. effect on the elderly but whether that effect 4 ing for the elderly might be even greater if Bureau of Labor Statistics (BLS), ‘‘Report from compounds sacrifices called for elsewhere in the Bureau of Labor Statistics for the House Budget the deficit reduction plan. these factors were taken into account. It ap- Committee,’’ House Budget Committee, p. 13. The proposals being offered in the budget pears that the elderly tend to shop more at 5 BLS, op, cit., p. 14. negotiations already get the bulk of their neighborhood stores rather than discount 6 Jerry A. Hausman, ‘‘Valuation of new goods savings from Medicare and Medicaid. All outlets and that they have limited options to under perfect and imperfect competition,’’ NBER Medicare spending and about a third of Med- save by buying in bulk. Working Paper No. 4970, December 1994. 7 BLS, op, cit., pp. 21–23. CONCLUSION icaid spending goes to support health care 8 Boskin et al., op. cit., p. 21. for the elderly. In fact, about half of all nurs- As a longtime proponent of better statis- 9 Nathan Amble and Ken Stewart, ‘‘Experimental ing home expenditures are paid for by Med- tics, the sudden awakening of interest in price index for elderly consumers,’’ Monthly Labor icaid. The most severe budget plans propose price measurement issues is gratifying. How- Review, May 1994. sharp cuts in service at the individual level ever, I am dismayed that this has not been Mr. EXON. Mr. President, I hope we because projected program growth would be accompanied by an equal commitment to could move ahead now, if we might, insufficient to cover increases in the medical fund or even to acknowledge the analytical with the agreement. costs and the number of beneficiaries. effort needed to address these issues sen- Mr. CHAFEE. I wonder if I might Adding a diet COLA, with its heavy impact sibly. The public discussion of the CPI’s bi- on retirement programs, to any budget plan ases has been carried away on a tide of out- have that 30 seconds? with large Medicare and Medicaid cuts would rageous claims that have little scientific Mr. KENNEDY. Then I would ask for be doubly severe for the elderly. These are basis. Most disturbing is the apparent will- 30 seconds, too. citizens who have few options with regard to ingness to make arbitrary adjustments to The PRESIDING OFFICER. Who working longer or harder to offset the effect one of our most important economic indica- yields time? of cuts. They also tend to have fewer health tors rather than improve it with more fre- Mr. CHAFEE. Mr. President, I ask care options, because the medical attention quent updates and careful research. the Senator look at our proposal. He that they usually need is acute care and it Very large estimates of CPI bias that will see there is $25 billion of corporate often is too late for preventive care. Expect- range as high as two percentage points ap- welfare cuts that he is discussing. Per- ing the elderly to take a leading role in med- pear to result from ignorance about what the haps if he became more familiar with it ical cost containment through individual CPI actually contains and what the BLS ac- choice also seems unrealistic, because they tually does. Full-time professionals respon- we would all be better off. may see choice as threatening and confusing sible for properly surveying the mix of out- Mr. LOTT addressed the Chair. rather than liberating. Using a diet COLA to lets certainly are aware of the giant discount The PRESIDING OFFICER. The Sen- get additional budget savings on top of the chains familiar to the rest of us. Claims that ator from Mississippi. sacrifices from the elderly already being con- BLS has not addressed the most important f templated strikes me as unjust. quality adjustment issue are patently false. There is another important reason to Speculations about huge quality bias seem HONORING ADM. JEREMY M. think that price indexing should not be to result from extrapolating the characteris- ‘‘MIKE’’ BOORDA scaled back for retirement programs. Re- tics of household appliances that average Mr. LOTT. Mr. President, I ask unan- search suggests that these programs actually consumers buy once every few years to the imous consent the Senate proceed to have been underindexed in the past because much larger and more prosaic spending that the immediate consideration of a Sen- spending patterns for the elderly differ from they do every month. Arguing that the CPI those of consumers in general. Two years ignores the great benefits of new product in- ate resolution I now send to the desk. ago, the BLS reformulated the raw data un- troductions probably fails to note that most The PRESIDING OFFICER. The derlying the CPI to take account of the dif- such ‘‘new’’ products are merely new styles. clerk will report. ferent expenditure weights in the ‘‘market A solid scientific consensus does exist re- The legislative clerk read as follows: basket’’ of the typical older consumer.9 The garding substitution bias and formula bias. A resolution (S. Res. 255) to honor Admiral results shown in Table 4 indicate that this Not surprisingly, BLS already is moving to Jeremy M. ‘‘Mike’’ Boorda. reconfigured index for the elderly increased correct these biases. The Bureau also at- The PRESIDING OFFICER. Is there by 4.1 percentage points, or 8.2 percent, more tempts to correct for quality adjustment and objection to the immediate consider- than the official CPI between December 1982 new product biases within the constraints of ation of the resolution? and December 1993. This resulted from the their budget. Although there is no con- There being no objection, the Senate greater weight of out-of-pocket medical ex- vincing evidence that quality biases are penses for the elderly and the smaller weight large for items that they do not adjust, BLS proceeded to consider the resolution. for transportation, apparel, and restaurant undoubtedly would welcome additional re- Mr. LOTT. Mr. President, today a meals. Of course, out-of-pocket medical ex- sources for more extensive and sophisticated grateful nation pays its final tribute to penses for the elderly would become an even research. Presumably, they also would be a true patriot and hero, Admiral Jer- larger item in the household budgets of the happy to have funds for more frequent emy ‘‘Mike’’ Boorda, who died on

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5411 Thursday, May 16, 1996, at the age of 56. for others than he ever cared for him- the Navy on the cutting edge of tech- There will be a memorial service today self. He cared more for his Navy than nology and did so in a way that was ef- at the Washington Cathedral to honor he ever cared for his Navy career. All ficient, affordable, and flexible. He also Admiral Boorda. I want to take this that he did and all that he gave will recognized our Navy needed a strategy opportunity, on behalf of many of my live on forever in the men and women to accompany emerging technology, so colleagues on both sides of the aisle, to that he loved so much. he developed ‘‘2020 Vision,’’ a long honor this man and his truly vital con- More than anything, he loved being range plan for acquiring and using fu- tributions to our Navy. His service to around sailors. When he went on board ture technology to achieve our stra- our Nation was a model to which every a ship or walked into a room full of tegic objectives. American could aspire. sailors, you could see the twinkle in Because he cared so much about his Admiral Boorda was a high school his eyes and a caring smile come across sailors, he took real steps to improve dropout who joined the Navy at the his face. He made sailors and their fam- their lives: He significantly increased young age of 16 as a seaman recruit. ilies feel better about themselves and military housing starts. He fought for After rising to become a petty officer better about what they did. He used to and achieved pay raises and increases first class in 1961, at the urging of a say almost everyday, ‘‘we have the best in BAQ amounts and eligibility. De- chief petty officer, Mike Boorda ap- sailors in the world, let’s treat them spite significant cuts in ships and sail- plied for admission to an enlisted com- that way.’’ His love of sailors drove ors, he was able to prevent a rise in the missioning program, but he had no con- him to personally talk with more than deployment time of sailors. He re- fidence of success. He was selected on 200,000 sailors, and visit more than 100 vamped the officer and enlisted evalua- his second application and commis- of the 360 ships in the fleet in his 2 tion system so that it provided clear sioned an officer in 1962. years as CNO. standards and accurately reflected per- In 1991 he received his fourth star and As I said earlier, he was a man of the formance, and he successfully inte- became the commander-in-chief of Al- sea, he believed that going to sea, get- grated women into combatant ships lied forces in Southern Europe. As ting underway, was about the most and aircraft squadrons. CINCSOUTH, he was in charge of an air special thing one could do. He used to Like many of my colleagues, I have strike in February 1994 against four joke that he would like to change had the privilege of working closely Bosnian Serb aircraft flying in viola- places with the younger officers so he with Adm. Mike Boorda for several tion of the U.N. ban on fixed-wing could return to driving ships and per- years. I came to admire him im- flights. This was the first time that a sonally leading sailors. He prided him- mensely—his intelligence, common NATO commander had ordered alliance self on his ship handling skills and sense, energy, sense of humor, and forces to use deadly force on an offen- talked often about how much it meant most important, his commitment to sive mission in the organization’s 44- to him to be considered one of the best our Navy, our country, and his family. year history. ship drivers in our Navy. Admiral Boorda once said of Adm. On April 23, 1994, Admiral Boorda be- Like most sailors, he was a story- Arleigh Burke, ‘‘he defined what it came the 25th Chief of Naval Oper- teller. He loved to captivate an audi- means to be a naval officer: relentless ations. He assumed command of the ence with a yarn about his days at sea, in combat, resourceful in command, world’s greatest Navy while it was still or about his family, especially his and revered by his crews. He was, in- suffering from the aftermath of the grandchildren. Almost everyday at his deed, ‘a sailor’s sailor’.’’ I think Admi- Tailhook scandal. Despite Tailhook, a office, he would come in with a new ral Boorda also exemplifies these rash of cases of sexual misconduct, and tale about what one of his grand- words. several plane crashes, Mike Boorda children had done or how something re- Adm. Mike Boorda was a man who tackled all these problems with energy minded him of when he was a young loved his country and served it with that many of us could not match. Why? seaman or junior officer. He had a way distinction from the age of 16 to the Because Mike Boorda loved the Navy. about him, so that when he spoke, ev- day he died. He was an American suc- He once said, ‘‘I stayed in the Navy eryone would instinctively rise and fall cess story and a hero who will be because I love going to sea. I hope ev- on his every word. missed by all of us. erybody is experiencing that. If you’re He was a man of great humor and of Mr. President, I submit this resolu- fortunate enough to be at that stage in great humility. At serious meetings or tion and ask for its immediate consid- your career where you still get to go to in tense congressional hearings, he eration. Mr. EXON. Mr. President, I yield my- sea, relish it. Enjoy it and have fun. would break the tension with his dry self as much time as I am in need of off Realize that you are a part of a long and self-effacing sense of humor. He the resolution. line of people who have gone down to also never spoke of ‘‘I’’—he only spoke I thank Senator LOTT. I am a cospon- of ‘‘we’’—when talking about what our the sea in ships, and it’s a special thing sor of the amendment. It is very appro- Navy had accomplished. He would go to to do.’’ priate. We, on this side, join in and Mike Boorda was a ‘‘Sailor’s Sailor.’’ great lengths to ensure that others thank him for honoring the memory of He devoted his life to making our Na- were not embarrassed or publicly hu- Mike Boorda, our dear and departed tion more secure and to securing a bet- miliated when things went wrong. He colleague who we shall all miss very ter life for those who serve our coun- always took responsibility for the bad, much. Thank you, Senator LOTT, for try. As the only sailor to rise from E– and always avoided praise for the good. the excellent statement in behalf of all 1 to become Chief of Naval Operations, Admiral Boorda was a visionary in of us in the U.S. Senate. naval strategy. When he became CNO, he knew what it meant to be at the Mr. LOTT. Mr. President, I ask unan- he recognized that the post-cold-war bottom and top of the chain of com- imous consent the resolution be agreed era required a strategy that retained mand. This experience instilled in him to, the preamble be agreed to, the mo- the Navy’s tradition of forward pres- an unwavering desire to help sailors tion to reconsider be laid upon the ence, but he also knew that it was and their families serve proudly and table and any statements relating to much more likely that we were going live in a manner in which they could be the resolution appear at the appro- proud. to fight near land, in the world’s priate place in the RECORD. He was a man of both physical and littorals. He transformed the Navy’s The PRESIDING OFFICER. Without moral courage. From Southeast Asia to approach to meet this new strategy sit- objection, it is so ordered. Bosnia, he was willing to put his life on uation in ‘‘Forward . . . From the The resolution (S. Res. 255) was the line to serve his Nation, but he was Sea,’’ the strategy that will carry the agreed to. also willing to put his career on the Navy into the 21st century. The preamble was agreed to. line for the sailors he loved and the He was a visionary in technology. He The resolution, with its preamble, principles he stood for: duty, honor, spearheaded such projects as the arse- reads as follows: and commitment. nal ship, the new attack submarine, S. RES. 255 Admiral Boorda’s entire Navy career theater ballistic missile defense, and Whereas Admiral Jeremy M. ‘‘Mike’’ was marked by a single char- cooperative engagement capability. Boorda was the 25th Chief of Naval Oper- acteristic—compassion. He cared more These programs, and many others, put ations;

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5412 CONGRESSIONAL RECORD — SENATE May 21, 1996 Whereas as the Chief of Naval Operations, 2:15. So what we are going to do is go It appears to me now, that we are Admiral Boorda commanded the foremost in recess now. I ask unanimous consent looking at not more than one or two Navy in the World; that when we go in recess at 10:30, that rollcall votes—if that, and a whole se- Whereas Admiral Boorda’s career in the we reconvene at 2:15 p.m. this after- ries of individual rollcall votes, maybe Navy reflected his lifelong dedication to the United States and to the principles he held noon. 20 to 40, somewhere in that neighbor- dear—duty, honor, and commitment; We had already had unanimous con- hood, are a possibility for tomorrow Whereas Admiral Boorda is the only mem- sent that the time we would be in re- and the days and hours that follow. ber of the Navy ever to rise from the lowest cess to go to policy meetings would be When Senator DOMENICI comes to the enlisted grade to the position of Chief of charged against the resolution. I ask floor—and I think he will be here Naval Operations, and his rise gave him a that 1 additional hour be added to that shortly—he may have some additional full and unique perspective on the opportuni- time, charged against the resolution. information because he will be calling ties and obligations of command; That means that half of the time we the shots. Whereas this perspective instilled in Admi- are out for the Boorda funeral will be So, once again, in the absence of any- ral Boorda an unwavering concern for the charged to Senate business, half will be members of the Navy and their families; one offering an amendment or seeking Whereas as Commander-in-Chief of NATO left on the resolution, and that will be recognition at this time, I suggest the forces in Southern Europe, Admiral Boorda equally divided. absence of a quorum, with the time to ordered the first offensive use of deadly force Mr. EXON. Mr. President, we have be charged equally to each side. in the history of NATO, an air strike in Feb- agreed to this on this side. I have The PRESIDING OFFICER. Without ruary 1994 against four Bosnian Serb aircraft checked with our leader. I think this is objection, it is so ordered. The clerk flying in violation of a United Nations ban the proper way to proceed. will call the roll. on such flights; The PRESIDING OFFICER. Without The bill clerk proceeded to call the Whereas Admiral Boorda was a visionary objection, it is so ordered. in naval strategy who recognized that cir- roll. cumstances in the post-Cold War era made f Mr. KYL. Madam President, I ask necessary a strategy that retained a forward RECESS unanimous consent that the order for presence for the Navy even as it recognized the quorum call be rescinded. The PRESIDING OFFICER. Under that future Navy operations would most The PRESIDING OFFICER. Without likely occur in the littoral zones of the the previous order, the Senate stands objection, it is so ordered. world; in recess until 2:15 p.m. Mr. KYL. Thank you, Madam Presi- Thereupon, at 10:29 a.m., the Senate Whereas this strategy, which Admiral dent. Boorda called ‘‘Forward . . . From the Sea’’, recessed until 2:15 p.m.; whereupon, the will serve as the basis for Navy strategy well Senate reassembled when called to AMENDMENT NO. 3996, AS MODIFIED into the 21st century; order by the Presiding Officer (Ms. Mr. KYL. Madam President, I ask Whereas Admiral Boorda was a visionary SNOWE). unanimous consent that my amend- in naval technology who spearheaded pro- ment No. 3996 be modified, which I send grams for the development of the arsenal f to the desk. ship, the new attack submarine, theater bal- CONCURRENT RESOLUTION ON The PRESIDING OFFICER. Is there listic missile defense, and cooperative en- THE BUDGET objection? Without objection, it is so gagement capabilities; ordered. Whereas these programs, and many others The Senate continued with the con- spearheaded by Admiral Boorda, put the sideration of the concurrent resolution. The amendment (No. 3996), as modi- Navy on the cutting edge of technology and The PRESIDING OFFICER. The Sen- fied, is as follows: did so in an efficient, affordable, flexible ator from Nebraska is recognized. On page 4, line 10, decrease the amount by manner; Mr. EXON. I thank the Chair. $90,000,000. Whereas Admiral Boorda recognized the Madam President, suffice it to say, On page 4, line 11, decrease the amount by need for the Navy to develop a strategy for we are now ready for business. If there $181,000,000. utilizing emerging technology effectively is any Senator who wishes to offer an On page 4, line 12, decrease the amount by and developed in response to that need the amendment, this is an opportune time $181,000,000. plan known as ‘‘20/20 Vision’’, a long-range On page 4, line 13, decrease the amount by plan for the acquisition and utilization of to do it. $181,000,000. technology in the future in order to achieve The basic situation is this: We have On page 4, line 19, decrease the amount by the strategic objectives of the United States; approximately 4 hours left under the $85,000,000. and agreement. That is 2 hours on each On page 4, line 20, decrease the amount by Whereas it is fitting that Admiral Boorda side. We have a large number of amend- $174,000,000. be remembered as he described Admiral ments still outstanding and Senators On page 4, line 21, decrease the amount by Arleigh Burke when saying that ‘‘. . . he de- have not indicated to either manager $181,000,000. On page 4, line 22, decrease the amount by fined what it means to be a naval officer: re- of the bill whether the amendments are lentless in combat, resourceful in command, $181,000,000. actually going to be offered or not. On page 5, line 3, decrease the amount by and revered by his crews . . . He was, indeed, I suppose the question is being asked, a sailor’s sailor.’’: Now, therefore, be it $85,000,000. Resolved, That the Senate honors Admiral ‘‘Well, when are we going to start vot- On page 5, line 4, decrease the amount by Jeremy M. ‘‘Mike’’ Boorda for a career that ing?’’ As of now, the time will run out $174,000,000. included extraordinary contributions to the on the resolution sometime between 6 On page 5, line 5, decrease the amount by defense of the United States and a singular o’clock and 6:30. I suggest we could not $181,000,000. On page 5, line 6, decrease the amount by commitment to the members of the Navy start voting before that time, unless $181,000,000. and thereby exemplified all the best quali- time is yielded back. But my experi- On page 31, line 17, decrease the amount by ties in an officer in the United States Navy. ence has been that normally time is $90,000,000. Mr. LOTT. Mr. President, I yield the not yielded back. At the end, we have On page 31, line 18, decrease the amount by floor. Senators clamoring for time and, yet, $85,000,000. The PRESIDING OFFICER. Who the time will have run. On page 31, line 24, decrease the amount by yields time? So it appears now, unless time is $181,000,000. yielded back, that we could not pos- On page 31, line 25, decrease the amount by f $174,000,000. sibly start voting any earlier than 6, On page 32, line 6, decrease the amount by UNANIMOUS-CONSENT AGREE- probably sometime after that. There is MENT—SENATE CONCURRENT $181,000,000. an event scheduled tonight that is ab- On page 32, line 7, decrease the amount by RESOLUTION 57 solutely going to prevent us from being $181,000,000. Mr. DOMENICI. Mr. President, I un- here and holding rollcall votes, I would On page 32, line 13, decrease the amount by derstand that in a minute or so we are think, much after 6 o’clock. So I think $181,000,000. going to go in recess. We will be in re- it is safe to say we should get over here On page 32, line 14, decrease the amount by $181,000,000. cess until 2:15 this afternoon. We would and get our work done. Maybe we can On page 52, line 24, decrease the amount by have been functioning on the floor here get one or two rollcall votes in before $90,000,000. until 12:30 but for the Boorda funeral, we adjourn for the day, but certainly On page 52, line 25, decrease the amount by and then been in recess from 12:30 to that is not assured. $85,000,000.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5413 On page 53, line 2, decrease the amount by Mr. WELLSTONE. Five minutes. on, just simply said that we ought to $181,000,000. Mr. EXON. I yield 5 minutes to the make a commitment that we will pro- On page 53, line 3, decrease the amount by Senator from Minnesota. vide the full funding called for in the $174,000,000. On page 53, line 5, decrease the amount by The PRESIDING OFFICER. The Sen- community police program—the COPS $181,000,000. ator from Minnesota is recognized. Program. On page 53, line 6, decrease the amount by AMENDMENT NO. 3985 I have to say to you, Madam Presi- $181,000,000. Mr. WELLSTONE. Madam President, dent, that I have never received more On page 53, line 8, decrease the amount by I actually laid down these amendments positive reports with any Federal pro- $181,000,000. on Friday. But I thought since we have gram in Minnesota than the COPS Pro- On page 53, line 9, decrease the amount by gram. A one-page form filled out by $181,000,000. a quorum call and time is being charged to both sides—this charged to COPS going to Washington with money Mr. KYL. Madam President, I suggest coming directly back to police chiefs the absence of a quorum, and I ask our side—I want to focus attention on several of the amendments that I laid and sheriffs used for really fine unanimous consent that the quorum proactive preventive, important—not time be charged to each side equally. down Friday. One of those amendments which was a leadership amendment— feel-good law enforcement—a real focus The PRESIDING OFFICER. Without on domestic violence, a real focus on objection, it is so ordered. The clerk and I compliment the Chair for her very, very important work dealing some of the neighborhoods most rav- will call the roll. ished by violence in our cities, and a The bill clerk proceeded to call the with higher education—was an amend- real focus on youth, on some of the roll. ment that I introduced as a sense of a kids that are in the most trouble, not Mr. WELLSTONE. Madam President, Senate that any tax cuts beyond tax exclusive just to cities but in rural I ask unanimous consent that the order credits for children and families ought communities as well. So I hope that for the quorum call be rescinded. to go for an annual up to $10,000 deduc- The PRESIDING OFFICER. Without tion that families can take to help pay there will be very, very strong support objection, it is so ordered. for the cost of higher education, and for that. Mr. WELLSTONE. I ask unanimous that would include tuition, and also AMENDMENT NO. 3989 consent to have 2 minutes to speak as the interest that families find them- And then finally one other amend- in morning business on a bill I am in- selves paying on the debt. ment that I want to talk about very troducing. That interest is extremely important briefly—one that my colleagues are The PRESIDING OFFICER. Without because now, unfortunately, as opposed probably less familiar with but I think objection, it is so ordered. to at least when I went to school, about it is an important amendment. And PRIVILEGE OF THE FLOOR 80 percent of the financial aid packages again, the Chair has taken real leader- Mr. WELLSTONE. Madam President, are now loans as opposed to grants. It ship on this. This issue has become un- I ask unanimous consent that Marty used to be quite different. It has flip- fortunately a more important issue in Gensler be permitted privileges of the flopped in the last 15 years, or so. I this country, and this issue deals with floor for the duration of the debate. hope that this money will go to higher the central importance of our taking The PRESIDING OFFICER. Without education making it more affordable the steps that we need to take as a na- objection, it is so ordered. for families, or it has to go to deficit tion to reduce violence in homes. Mr. WELLSTONE. Madam President, reduction. This amendment says that in the I thank the Chair. I hope that this amendment really welfare reform we do we must allow (The remarks of Mr. WELLSTONE, per- will receive strong bipartisan support. States to take into account the special taining to the introduction of S. 1786, I laid the amendment down as an edu- circumstances of a mother and her are located in today’s RECORD under cation Senator. Most of my adult life children who have been in homes where ‘‘Statements on Introduced Bills and has been devoted to education. I laid there has been violence; who have been Joint Resolutions.’’) this amendment down as a leadership battered. In other words, one size does Mr. WELLSTONE. I yield the floor. amendment for my party. But, frankly, not fit all. And my fear is that, if we I suggest the absence of a quorum. I think this is an amendment that is are not careful, what we are going to Mr. EXON. Madam President, I important to the Democrats and Re- do in the welfare reform area is we are amend the request for the quorum call publicans alike. Since we are going to going to be essentially saying to a with the proviso that the time be have a rapid succession of votes on lots mother that you have to work, and if charged equally to both sides. of amendments, I just wanted one more you do not work that is it, without The PRESIDING OFFICER. Without time to focus attention on this amend- taking into account what has happened objection, it is so ordered. ment. to her. Remember. It took Monica Seles 2 The clerk will call the roll. AMENDMENT NO. 3987 The bill clerk proceeded to call the years to play tennis again after what The second amendment that I might happened to her. What is going to hap- roll. talk about very briefly was an amend- Mr. WELLSTONE. Madam President, pen is we are going to force some of the ment that I introduced at the begin- I ask unanimous consent that the order women and children back into very ning of 104th Congress and, frankly, I for the quorum call be rescinded. dangerous homes? We have to take into regret that it was passed finally on a The PRESIDING OFFICER. Without account these circumstances. There voice vote. It just simply said that the objection, it is so ordered. have been several studies. The Taylor Senate was taking the position that we f Institute came out with a study sug- would not pass any legislation that gesting that a shockingly high percent- CONCURRENT RESOLUTION ON would create more hunger or homeless- age of welfare mothers in welfare to THE BUDGET ness among children. I actually lost on workfare programs right now have had The Senate continued with the con- the vote on that amendment twice, and to deal with this violence. So we must sideration of the concurrent resolution. then it was passed by a voice vote. But take that into account in the welfare Mr. WELLSTONE. Madam President, given some of the budget proposals and reform area. I thought since we are in a quorum call given some of the, I think, fairly rig- I have used up my time. I yield the I might just briefly summarize since orous independent studies that have floor. time is being charged to both sides— taken place suggesting that as a mat- Mr. BIDEN addressed the Chair. and this will be charged to our side— ter of fact we are in part taking some The PRESIDING OFFICER. The Sen- several amendments that I have intro- actions that will create more poverty ator from Delaware. duced just to focus colleagues’ atten- among children, this time around I AMENDMENT NO. 3985 tion on those amendments. want to get a recorded vote. Mr. BIDEN. I ask unanimous consent The PRESIDING OFFICER. Does the AMENDMENT NO. 3986 that I be able to proceed for up to 5 Senator from Nebraska yield time? A third amendment I introduced, minutes on an amendment No. 3985. Mr. EXON. How much time does the which is one that the Senator from The PRESIDING OFFICER. Without Senator from Minnesota need? Delaware has actually taken the lead objection, it is so ordered.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5414 CONGRESSIONAL RECORD — SENATE May 21, 1996 Mr. BIDEN. Thank you, Madam in relative terms more affluent than Senator BIDEN. I am really proud to President. the average American—have loans. My have him out here on the floor speak- Madam President, this is the amend- colleague, the former professor, knows ing about this. ment to which the Senator from Min- more about this than I do. I heard him I was just going to say to my col- nesota spoke relating to the tax de- quote the statistic that we have league from Delaware that if you think ductibility for up to $10,000 for higher flipped. It used to be that most of the about the economics of this, this be- education payments. A number of us money people got to go to college were comes the sort of central middle-class have introduced separate—and some grants, and a minority were loans. Now issue, working-family issue, because together—bills and sense-of-the-Senate they are almost all loans and a minor- really what happens is, those students resolutions to accomplish just that. ity are grants. who can get the grant assistance tend The President I believe in his State I realize, even if this resolution to be the lower income students, and of the Union called for such treatment. passes, it is not going to change the then if you are in the very high-income I would just like to reiterate what my law. But maybe it will put us on record end, you can pay your way. But it is friend from Minnesota said. of doing something that is long over- those families in between that are real- First of all, this is only a resolution. due, just as we give businesses a tax ly feeling the squeeze. He is so right on I wish it were an up-or-down vote on a break for investing in new machinery the mark. legislative initiative to change the tax and new plant and equipment because The only other point I will make, law to allow parents and/or students to it generates economic growth—I ask Madam President, which is why I hope deduct up to $10,000 of the costs of a unanimous consent to proceed for 2 this is adopted as a statement before college education. That is the cost more minutes. the Senate, I spent a great deal of time which most people are focusing in on. The PRESIDING OFFICER. Without on campus. It takes a student on the But, it is not just 4-year colleges. It objection, it is so ordered. average of 6 years—it is getting up can be a 2-year college. It can be a Mr. BIDEN. It is sound policy to say near 7 years—and that is because they postgraduate undertaking. to a business that, ‘‘If you invest in are working two and three minimum- I hear my friends—and I know that this new piece of machinery, it will in- wage jobs. Most students are working the Presiding Officer is younger than I crease productivity, you will end up am but we are not that very far off, the 30, 45 hours a week while they are hiring more people, and it will gen- four of us on the floor here—I hear peo- going to school. erate income.’’ That is going to in- The other thing to add to the equa- ple of our generation say how they crease the economic growth of the Na- tion, which is very different than when worked their way through college. I tion. It makes sense to do that. Well, worked my way through college. I was we went to school, because we are simi- there is nothing that increases the eco- able to get some financial help and lar in age, is that the students now are nomic growth of this Nation more than some scholarship money as well as help no longer 18 and 19 and living in the from my parents. But I worked my way investing in the higher education of dorm. I think the majority of students through college. But do you know our children. now, if not the majority just about It is getting increasingly difficult for what? The minimum wage was $1.25 close to the majority of students are young men and women like me who cents, and the total cost to attend our 30, 40, 45, 50, going back to school, come from a middle-income house- State university, the University of many of them women, many of them Delaware, was $325 a semester for tui- hold—I guess technically lower middle- with children. As a matter of fact, this tion. You could work your way through income, but a middle-income house- is one of the ways in which many fami- college if you were willing to work. hold—to be able to go off to college. lies get back on their feet. So those It always fascinates me when I hear It is just getting very, very, very students who really have children feel people my age—I am now 53—talk hard. If my father were making the this economic squeeze as well. about, ‘‘Why don’t they do what we money he made then now, he would be I think this is just a critical vote, did—work our way through school?’’ making about $34,000 a year, if I am not and I hope we will have a strong vote because now the minimum wage is mistaken. He had four children he sent for it. under $4.50 an hour. And to go to that to college. How do you send four chil- I yield the floor and suggest the ab- same great university, my alma mater, dren to the State university—the State sence of a quorum and ask that the is going to cost them about $6,000 if university—on $34,000 a year? My fa- time be charged equally to both sides. they are an in-State student. If you are ther, it seems to me, and my mother The PRESIDING OFFICER. Without unfortunate enough to have children and their counterparts today—my dad objection, it is so ordered. The clerk like many of us do here who decide— is now 80—think that college education will call the roll. and are able—to go to an institution is the single most important legacy, The bill clerk proceeded to call the other than the State institution which other than our religion, other than our roll. I attended, you will find that their tui- Catholicism, in my case. The single Mr. EXON. Madam President, I ask tion and room and board is $25,000 a most important thing my parents unanimous consent that the order for year, if they go to Georgetown Univer- wanted to leave with me was to have a the quorum call be rescinded. sity, which one of my sons attended, or college education, which they did not The PRESIDING OFFICER. Without to Yale where another son is. That is have. objection, it is so ordered. $25,000 a year. We do not all go there. It is getting awfully hard for people Mr. EXON. Madam President, I am Most of us, as in my case, could not get to do it. I think this is a sound invest- about to yield whatever time he may there. ment. I think it is just. I know it is al- need from our side to the minority I am very proud of my State univer- most oratory if it is only a resolution, leader. But before I do that, I want to sity, and proud of having gone there. but it increases the prospects that we renew the clarion call once again. We But the truth of the matter is when my will find the wherewithal to go on have, according to our records—this dad and mom were helping me get record and actually change the law. list in my hand which I will not bother there, and I was working my way So I thank my colleagues for their to count—lots of amendments that through, the median family required indulgence. I thank my friend from have been offered, have been debated, only something on the order of less Minnesota for his leadership. I realize that we are going to start voting on than 3 to 4 percent of its income to he says this is bipartisan. I heard this some time. send someone to college. Now we are idea generated from my Republican But in addition to that, we have talking about almost 9 to 10 percent. If colleagues as well as my Democratic about 28 to 30 amendments that Sen- they are going to go to a private insti- colleagues. I thank the Chair. I yield ators have indicated to the managers tution, it can be well over 50 percent. the floor. are going to be offered. This would be a So you cannot work your way Mr. WELLSTONE. Madam President, very good time to offer them because, through college any more in 4 years on in just 10 seconds, I want to say I was if we do not see some movement on a minimum-wage job. You cannot do it. really remiss in the beginning when I some of these things, we may run com- So an awful lot of students, including laid down the amendment in not saying pletely out of time. Then Senators are even many of our children—and we are that it was on behalf of myself and going to come here and say, ‘‘Why

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5415 didn’t you protect me in offering an doing so in the future. I think it is Let us just put all the legislation we amendment?’’ wrong. I think it undermines the good- want to do in each reconciliation pack- I am protecting them now. The chair- faith effort Republicans and Democrats age. We will then preclude the possi- man of the committee is protecting need to demonstrate in moving legisla- bility of any more extended debates, those on his side. But we are running tion through this body. preclude the possibility of an open and out of patience on protection. Certainly, it’s legitimate to oppose free discussion, preclude the possibility So I plead once again that the Sen- legislation. We can have extended de- of amendments in some cases. We will ators who have indicated to the man- bate. But to preclude the minority change the very character of this insti- agers of the bill that they are going to from offering even a single amendment tution in a very permanent way. offer amendments, please come over is unprecedented, and, again, simply I am not sure that is what the major- and do so. If you are not going to offer wrong. ity wants. In fact, I’m confident most the amendment, please call the cloak- We are moving now from that prac- on the other side of the aisle do not room, the respective cloakroom, tice to another one that, in my view, is want that. I know if they were in the whether Democrat or Republican, and even more threatening to the Senate as minority—they would certainly not indicate that the amendment is not an institution. This resolution will do want it. And I know that most of my going to be offered. That will give us a something that we have not done now friends on the other side do not expect chance to better manage and move the in more than 20 years. In fact, I would to be in the majority forever. proposition along. say in all of the modern day period of I would say that all of us, regardless I ask unanimous consent to set the the budget process, we have never done of whether we are in the majority or pending amendment aside. this. Only once, right as we were begin- minority, want to protect the institu- The PRESIDING OFFICER. Without ning to employ the reconciliation proc- tion of the Senate and its rules. That objection, it is so ordered. ess and before that process was well ought to be one of our foremost goals. Mr. EXON. With that, I yield what- understood, did we ever do what the If we are going to bend and change the ever time he may need off our time to Republicans are attempting to do in rules so dramatically to serve the po- the minority leader. this budget resolution. litical needs of the moment, we are not The PRESIDING OFFICER (Mr. In fact, I think it’s arguable that the living up to our responsibilities to the INHOFE). The distinguished minority one precedent adduced for the practice institution of the Senate. We are not leader. I’m about to describe is not a precedent living up to what our predecessors un- POINT OF ORDER at all—but rather a rudimentary mis- derstood to be the practice of this Mr. DASCHLE. Mr. President, let me use of the term ‘‘reconciliation’’ that body. And we are not living up to the first associate myself with the remarks should be dismissed as an example of obligation we have to our constituents of the distinguished ranking member. anything. to preserve the legislative freedoms We are down, now, to the final couple This is the first budget resolution and protections embodied in the Sen- of hours. I really hope we will not lose that will instruct a committee to ate’s rules and traditions. the opportunity to have a good debate produce a reconciliation measure that So, it is with great concern that I on whatever issues are left out- actually increases the deficit. The 1974 call attention to what I consider to be standing. I think there has been a real, precedent we will hear about was based a very, very dangerous set of legisla- 1 tive circumstances mandated by this good-faith effort over the last 2 ⁄2 days on no reconciliation instruction. And to reach this point. We have had a good this year’s unprecedented abuse there- budget resolution. I think it is a funda- debate. I hope we can finish it off now. fore calls into question what reconcili- mental abuse of the budget process. It There are virtually no Members on the ation is about in the first place. is such an abuse that it calls into ques- floor prepared to offer amendments. We We all know what reconciliation was tion whether the document before us ought to correct that. We will give peo- designed to be and what it has been. We actually constitutes a budget resolu- ple an opportunity in the next 10 min- all know that we pass budget resolu- tion. I would argue it does not. I argue utes to come to the floor and offer ad- tions with reconciliation instructions that, because it creates a budget rec- ditional amendments. in order to ensure that the authorizing onciliation bill devoted solely to wors- In the meantime, I want to call at- committees hit deficit reduction tar- ening the deficit, it should no longer tention to a concern I have raised a gets. Some way of enforcing deficit re- deserve the limitations on debate of a number of times already relating to duction on committees is the sole rea- budget resolution. Therefore, I raise a the circumstances in which we find son for being of the highly privileged point of order that, for these reasons, ourselves on this particular resolution. vehicle we call reconciliation. We de- I have viewed the procedures employed the pending resolution is not a budget prive Senators of their normal rights resolution. by the majority all through the 104th to debate and amend only because we The PRESIDING OFFICER. Does the Congress with increasing concern. Our seek to ensure that the committees fol- Senator wish to be heard on the point side, the Democratic caucus, has been low through in the crucial business of of order before the Chair rules? systematically deprived of the oppor- exercising fiscal responsibility. Mr. DOMENICI. Mr. President, I tunity to offer legitimate amendments. That is the reconciliation process. Its think in deference to the minority It has been an recurring practice on objective is to continue to reduce the leader I should be heard. I obviously the Senate floor over the last several deficit, and it does so by compelling did not bring this resolution to the months for the majority to offer a bill, committees to live up to the expecta- floor without consulting with the Par- to fill the so-called parliamentary tree, tions of the budget resolution. But liamentarian. So I think I know the preclude Democrats from offering what are we doing this year? As I say, answer to the Senator’s question. But I amendments, and then file cloture so except for the rare and understandable do not think that we should let the we are left with no other recourse but circumstances in 1974, this body is Chair rule and then only have time if to vote against cloture and to continue doing something we have never done the Senator appeals to discuss our side, to bottle up the legislation. It’s either before. We will be passing a reconcili- although if the Senator appeals we will that or accept entire bills as forced ation bill in three parts, one part of also take some additional time. upon us by the majority without seek- which will actually increase the deficit Mr. President, could I yield myself 15 ing to exercise our fundamental rights dramatically—dramatically. minutes off the resolution or do I have as Senators to debate and amend. I must tell you, what goes around some additional time because of the Given those terms, we’ve had no choice comes around. I cannot see any reason nature of the situation? but to vote against cloture. We have why Democrats—once back in the ma- The PRESIDING OFFICER. The time voiced our concern over and over, and jority—cannot conveniently begin to is controlled by the wording of the will continue to do so, about this fun- use reconciliation packages for all Budget Act, and the Senator has 1 hour damental abuse of Senate rules. Demo- kinds of legislative agendas. I do not and 56 minutes. crats never employed such extreme see why we may not ultimately author- Mr. DOMENICI. I yield myself up to tactics when we were in the majority. ize through a budget resolution a rec- 15 minutes. I hope I will not use that I hope we will not get in the habit of onciliation package for each month. much.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5416 CONGRESSIONAL RECORD — SENATE May 21, 1996 Might I say to the distinguished mi- we had not changed that. So that is tees regarding direct savings. The com- nority leader that I do not think there point No. 1. mittees would report, by July 12, two are very many Senators—maybe I Second, there is nothing in the Budg- totally distinct events with total de- would yield to Senator BYRD—who et Act—section 310 and any other sec- bate on each of them under the Budget have more concern about protecting tions—that precludes us doing more Act. If both the first and the second and preserving this institution than than one reconciliation bill. Section bills are enacted—if they are—then a the Senator from New Mexico. I truly 310(a) provides that a budget resolution final bill reconciles the Finance Com- think the Senate is a very special may specify the total amount by mittee regarding revenue reductions. place, and it has a lot of attributes which, among other things, revenues I will read some history of past com- that make it that way. I personally are to be changed. Section 310 dictates ments on reconciliation. Mr. President, will resist any efforts, now or in the fu- neither the magnitude nor the direc- a member of the President’s own ad- ture, to move this body away from its tion of the change. Reconciliation is a ministration has in the past advocated historic tradition of being very free neutral budgetary tool. It is not re- consideration of separate packages. In and open on debate and having one quired to produce deficit reduction. 1982, during the debate on the rule to very big characteristic, and that is As a matter of fact, Mr. President, on take up one of four reconciliation bills that most things can be filibustered— that point alone, must each part of a in the House of Representatives that open debate. reconciliation bill or each of the three year, then-Member of Congress Leon However, I submit that there is a reduce the deficit, I would call to the Panetta said, regarding the vote on the Budget Act that was adopted almost Senate’s attention that in 1975 a rec- rule: unanimously by the Senate that for onciliation instruction and a bill This is, I think, one of the most important very special events changed both of passed here under the leadership of the votes they will cast this session. It will set Senator from Louisiana, Russell Long, the stage for whether we can deal with rec- those rules. The rule that an amend- onciliation on an orderly basis, allowing ment, that a bill or measure can be chairman of the Finance Committee— in 1975. It actually was used to reduce packages, allowing committees to come to freely amended was altered; for as long the floor, and allowing Members to vote up as we have that Budget Act in place, taxes, thus increasing the deficit—for or down on those issues, or whether we are that will not be the rule on a reconcili- that very purpose. Clearly, clearly, I going to capitulate to some kind of chaos, ation bill. find nothing in this law that says each the same kind of irresponsibility that we Second, the very nature of the budget reconciliation bill must reduce the def- were put through last year when we had an resolution denies filibuster. In the very icit. up-or-down vote on a last-minute 800-page Now, let me tell you that the budget amendment. statute that creates it, that other char- resolution for 1994, your budget resolu- All circumstances are not alike. One acteristic about the Senate—open de- tion for the year 1994 had two reconcili- might argue that Leon Panetta was ar- bate for as long as you want—is ne- ation instructions. One was for every- guing about a completely different sit- gated. That is not a unilateral decision by thing that you do normally, and the uation. But, Mr. President, I think other was to change the debt limit of what he said is right. It does not mean this Senator or Senator EXON or the the United States by a reconciliation you have to have more than one rec- minority leader. That decision was bill—two different instructions, two onciliation bill, one movement or ef- made when the Budget Act was passed, different bills. Now, if you can do two fort, and bringing the laws together for there are time restraints on every because it fits the necessities that one and changing them so as to achieve the aspect of a budget including 50 on the side of the aisle has, this should not goal of the budget resolution. That is resolution, 20 when it comes back from mean that you cannot do three if it fits what a bill is that is called reconcili- conference. Reconciliation bills have a the other side. ation. time limit on them. Now, in our budget resolution, we did So, Mr. President, I am firmly con- Additionally there is a very strict this in three steps. This process would vinced that we are doing the right definition of germaneness with ref- provide more extensive consideration thing. I believe when this budget reso- erence to offering amendments to rec- on the Senate floor of our legislative lution is passed, very shortly there- onciliation bills. proposals for balancing the budget in after there will be a very healthy de- Now, before I explain that we are not 2002, for if on each of the three compo- bate on a portion of the reconciliation breaking precedent and cite for the nents there are 20 hours of debate, it package that we passed heretofore. Senate a number of occasions when we seems to this Senator that for those I call to the Senate’s attention that have heretofore done exactly what the who want more time to debate, and in House Concurrent Resolution 64, fis- Senator is complaining about, before certainly for those who would say this cal year 1994, the House Agricultural we do that I would suggest that the process we have adopted is closing de- Committee was reconciled for outlay concern that whether we have one rec- bate, the exact opposite is true. There increases for fiscal years 1994 through onciliation bill, two or three, that we is more time for debate on each of 1998. That was an increased reconcili- are going to be able to do all the legis- them because rather than 20 hours for ation for food stamps. lation of the Senate in derogation of a big, giant bill, there will be three In addition, in our budget resolution the quality of the Senate with ref- times that for each will be subject to last year, House Concurrent Resolution erence to open debate and the freedom that many hours of debate. 67, the Finance Committee was rec- of amendment, standing in the way of By separating these proposals to bal- onciled for a revenue reduction. In 1975, that is the Byrd rule. ance the budget into what we might I repeat, during the first use of rec- We do not change the Byrd rule in consider manageable issues, we permit onciliation pursuant to what was then this budget resolution. There again, it Senators to address their concerns con- H. Con. Res. 466, both the Ways and establishes that if you intended to use tained in each of the bills. Rather than Means Committee and the Finance a reconciliation instruction in that bill as many Senators complain about the Committee were reconciled for revenue to just change the substantive law be- very large bill that has taxes in it, has reductions. cause you had not been able to pass it all kinds of entitlements from all dif- Mr. President, it may be that we will, somewhere else, it will get knocked out ferent sides in an all-or-nothing propo- as the majority, be in the same posi- by the Byrd rule. sition, we permit them to have part of tion someday, in the minority, with So the first thing I was worried about it, not all of it, in one, part in another, this Budget Act still intact and the is if we do this in this sequence—and I and then, of course, taxes or tax reduc- new majority may indeed want to offer will explain to the Senate why we did tions at the end. one resolution with everything in it. it this way—do we in any way open in The first bill reconciles savings We are not going to be able, based on any additional way these reconcili- equivalent to the assumptions con- today, to say they cannot do that. If ation bills to be used by Senators to tained in a resolution for welfare re- they choose to go back to one huge rec- amendment processes, to amend laws form and Medicaid, and the commit- onciliation bill, all or nothing, they that are unrelated and in no way, in no tees must report on that. can. If they choose, Mr. President and way germane to reducing the deficit. If the first bill is enacted, then the fellow Senators, to go to two, the rul- The answer I got unequivocally is that second bill would reconcile all commit- ing of the Chair today will probably

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5417 say that there will be two. If they Mr. DOMENICI. Does the Senator in- rected the creation of a reconciliation choose to do three, and the last one is tend to vote on this separately today bill itself. a tax reduction package, then I assume or within the series of votes on the So, in sum, the 1974 precedent was we will be in a position where we can amendments? wrongly decided. I hope that we will make some noise about it on the floor, Mr. DASCHLE. I think we can do it not build upon that error now in 1996. but we are not going to get a par- in the series of votes just to expedite The Byrd rule and other subsequent liamentary ruling that it is improper. things. amendments to the Budget Act clearly Mr. President, I repeat, I believe the Mr. DOMENICI. I thank the Senator. imply the deficit reducing nature of complexity of welfare reform and Med- Mr. DASCHLE. Mr. President, the the reconciliation process. icaid are sufficient to be in one bill. I Senator from New Mexico, the distin- I will quote the language of 313–B, believe the complexity and the policy guished chairman of the Budget Com- section 1, subsection (b): changes for those two proposals are mittee, notes that we have seen an oc- Any provision producing an increase in sufficient to be in one bill. casion such as this arise. I alluded to outlays or decrease in revenues shall be con- I submit that all the other entitle- that circumstance in 1974. That was 20 sidered extraneous if the net effect of provi- ment programs are sufficient to be in years ago. In the world of the Budget sions reported by the committee reporting another bill. I submit that the Repub- Act, that 20-year period is a lifetime. the title containing the provision is that the licans are committed, the President is Congress, and in particular the Senate, committee fails to achieve its reconciliation instruction. committed, and indeed the bipartisan have dramatically changed the budget package is committed to some tax re- process since then. This is a portion of the Byrd rule, ductions. There is argument about In the 1980’s, the Senate adopted, as and in expressly singling out increased which ones. But I submit that can be the Senator from New Mexico noted, spending and tax cuts as potentially in- done under precedent as far back as the Byrd rule to restrain and limit rec- appropriate in a committee’s work 1975, to have a tax reduction reconcili- onciliation. Since the early 1980’s, a product, the language clearly implies ation bill. long history of using the reconciliation that the true reconciliation effort So, Mr. President, I am sorry I talked process to reduce the deficit has should be to reduce spending or in- so long, but I worked on this for a long evolved. crease taxes. In other words, the proper time. As a matter of fact, I take a bit The chairman of the Budget Com- reconciliation function is deficit reduc- of pride in it. I thought this was a far mittee noted that the Byrd rule re- tion. better way to handle the business of a quires that there be a sufficient offset Mr. President, the bottom line here major change in the law of our land or deficit-reduction—and no worsening is that if a reconciliation bill produces and tax cuts than we tried last year. of the deficit in the outyears—to a rec- only an increase in outlays or a de- I truly think it is fair to the Senate onciliation package for it to be in crease in revenues it is subject to the and it is fair to the public for they will order. But his reconciliation instruc- Byrd rule and therefore extraneous. better understand what we are doing. tions in this resolution trigger a tax Given those conditions, the third por- Since that is the case, I recommended provision that does absolutely no def- tion of this resolution’s reconciliation it to both the House and the Senate. icit reduction, and certainly worsens grouping certainly violates the Byrd That is why we are here today. I yield the deficit beyond the window of the rule on the face of it. the floor. resolution itself. Mr. President, I know the Senator The PRESIDING OFFICER. A point Mr. President, that being the case, from New Mexico indicated it was for of order is debated under the discretion only two outcomes are possible. First, managerial facilitation that he has of the Chair. there would be no tax reduction after presented this bifurcated approach to Would the Senator from South Da- the 6th year; that is, that tax reduction the reconciliation package. I must say, kota desire a few minutes? anticipated in this reconciliation pack- I think ‘‘managerial’’ can explain just Mr. DASCHLE. Mr. President, as I age would no longer apply in year 7 be- about anything. Obviously, managers understand the parliamentary situa- cause, if it did, there would be a deficit want all kinds of devices to move their tion, the Chair could rule and then the created, and then obviously the Byrd agenda along. debate is anticipated to be at least 1 rule would apply. Or, second, there is In any case, managerial comfort is no hour on the appeal of the ruling of the some sort of offset which is not delin- justification for a practice that clearly Chair; is that correct? eated here. If that is the case, I’d like violates many decades of Senate proce- The PRESIDING OFFICER. That is to hear what that undisclosed offset is. dure. And as I’ve said, this practice is correct. This difficulty is the inevitable re- unprecedented. It is dangerous. It is ex- Mr. DASCHLE. I prefer to have the sult of using reconciliation improperly traordinarily harmful to the institu- ruling of the Chair. I anticipate the for deficit creation rather than deficit tion itself. ruling, and then I will appeal the rul- reduction. The fact that the Byrd rule Mr. President, I make a parliamen- ing. creates clear problems for this ap- tary inquiry. The PRESIDING OFFICER. All right. proach only confirms that this resolu- The PRESIDING OFFICER. The Sen- The Chair will rule that the resolution tion’s reconciliation instruction is to- ator will state the parliamentary in- is appropriate and the point of order is tally inappropriate. quiry. not sustained. The 1970’s precedent did not involve a Mr. DASCHLE. This resolution di- Mr. DASCHLE. Mr. President, I now budget process resolution instructing rects the creation of three reconcili- appeal the ruling of the Chair. the committee to produce a reconcili- ation bills, as I noted. It provides that The PRESIDING OFFICER. There ation bill that worsens the deficit. Sen- the third reconciliation bill shall occur will be 1 hour equally divided between ator Long, who was chairman of the Fi- only if the first two have been enacted. the Senator from New Mexico and the nance Committee at the time, simply Is it the opinion of the Chair that Senator from South Dakota. came down to the floor and claimed this resolution would continue to be a Mr. DASCHLE. Mr. President, I have that the tax cut bill then under consid- budget resolution if it directed the cre- no desire to use that kind of time. I eration was a reconciliation bill. ation of that third reconciliation bill— know there are a number of Senators Again, there had been no instruction to the one that solely worsens the def- who wish to offer amendments. But in the Finance Committee. There was no icit—even under circumstances when the interest of parliamentary proce- previous understanding that the Sen- the Congress had failed to enact the dure, let me take a little bit of time, ate was operating under reconciliation prior two reconciliation bills? and then we will present a series of procedures. I would be happy to repeat the in- parliamentary inquiries that may help It is true that at that point every- quiry if that needs to be done. set the record in this instance. body stood and saluted. But that does The PRESIDING OFFICER. The Mr. DOMENICI. I ask the Senator, not change the fact that the chair- Chair would respond that it appears to could I ask a question? man’s tax cut bill should not have been be a hypothetical question, and I am Mr. DASCHLE. I would be happy to considered a reconciliation bill in 1974, not sure it would help to repeat it, but let the Senator. as the budget resolution had not di- you might try.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5418 CONGRESSIONAL RECORD — SENATE May 21, 1996 Mr. DASCHLE. Let me rephrase it, unless it is terminated at the end of For those of us who want deficit re- because I think it is a very important 2002 or else subsequently offset. duction, the majority seeks a very dan- question and I do not think it is hypo- The assumption of the resolution is gerous precedent today. For those of thetical at all. In fact, it deals directly that tax cuts will sunset in the year you who believe in the history of the with the circumstances at hand. 2002 or be offset by tax increases there- Senate and unlimited debate and the Is it the opinion of the Chair that after in order for it not to be in viola- right of Senators to offer amendments, this resolution would continue to be a tion of the Byrd rule, is that not cor- the majority seeks to set very dan- budget resolution if it directed the cre- rect? gerous precedents today. ation of only that third reconciliation The PRESIDING OFFICER. The I urge my colleagues to vote to over- bill—the one that solely worsens the budget resolution makes no assump- turn the ruling of the Chair. If we do deficit—even under circumstances tions. not, the Senate will surely became a Mr. DASCHLE. Mr. President, let me when the Congress had failed to enact different place and a much diminished ask you this: Would the reconciliation the prior two reconciliation bills? institution. bill be in order if the budget resolution The PRESIDING OFFICER. If the Mr. President, I note the distin- Senator’s question is, can the budget did not address the issue of deficit re- duction beyond that 6-year timeframe? guished Senator from South Carolina, resolution direct the creation of a rec- the former chairman of the Budget onciliation bill which lowers revenues, The PRESIDING OFFICER. I read to you under extraneous provisions (e): Committee, seeks recognition to ad- the answer is yes. dress this issue. And I am sure my col- Mr. DASCHLE. A second parliamen- A provision shall be considered to be extra- league, the current ranking member of tary inquiry. Is it the opinion of the neous if it increases or would increase net outlays or if it decreases or would decrease Budget committee, does so as well. Chair that this resolution would con- revenues during a fiscal year after the fiscal I yield the floor for that purpose. tinue to be a budget resolution if it di- years covered by such a reconciliation bill or rected the creation of only that third Several Senators addressed the reconciliation resolution. Chair. reconciliation bill—the one that solely This only applies to reconciliation The PRESIDING OFFICER. The Sen- worsens the deficit—and did not direct bills. the enactment of the two prior rec- Mr. DASCHLE. Let me then phrase ator from New Mexico. onciliation bills? my question another way, because I Mr. DOMENICI. Mr. President, I do The PRESIDING OFFICER. The an- think we can now clarify this. not intend to stay and debate the issue swer is yes. The reconciliation bill triggered by very long. Perhaps Senator GORTON can Mr. DASCHLE. Mr. President, third this resolution would not be in order, stay in my stead. inquiry. The pending resolution in- in other words, if it failed either to off- But let me just suggest that in the structs the Finance and Ways and set the tax cuts or to sunset them after view of this Senator the Budget Act of- Means Committees to produce a bill fiscal year 2002, is that not correct? fers a great deal of latitude to the U.S. that cuts taxes. There are no other in- The PRESIDING OFFICER. That is Senate and to the Budget Committee. structions to those committees with correct. It can be controlled by the U.S. Senate, regard to that reconciliation bill. Is it Mr. DASCHLE. Mr. President, let me if the U.S. Senate chooses to do so. As the opinion of the Chair that it would just note parenthetically, if that is cor- a matter of fact, even on the Senator’s be in order for a budget resolution to rect, that the majority party is the point of order, if the Senate chooses to instruct the creation of a reconcili- same party that has criticized the sustain his appeal, or to grant his ap- ation bill that increased outlays and President’s budget because the Presi- peal, the Senate will have decided that gave no other instructions to those dent sunsets his tax cuts. But now the it does not in this reconciliation bill committees with regard to that rec- majority comes before us with a rec- intend us to have three reconciliation onciliation bill? onciliation instruction that requires bills. I believe that is a matter for the The PRESIDING OFFICER. Yes. either that their tax cuts be abruptly Senate. Mr. DASCHLE. Mr. President, the sunsetted in the year 2002 or that taxes But to argue that in this instance Byrd rule forbids legislation that will be increased dramatically after that when you are contemplating a very increase the deficit in years beyond point to pay for the continuing tax large reconciliation bill with all kinds those covered in the budget resolution. cuts. of things in it, one shot, one debate, If this third reconciliation bill does not Is it the opinion of the Chair that it one vote and that we cannot find a ju- find a way to end or offset its tax cuts is in order for a budget resolution to dicious way to do better than that by in the years beyond 2002, would the bill call for the creation of 10 different rec- having more than one reconciliation violate the Byrd rule? onciliation bills in one fiscal year? bill, more than one opportunity to vote The PRESIDING OFFICER. There is The PRESIDING OFFICER. Yes, it on this, seems to me to fly in the face no number limiting the number of rec- would. of permitting the Senate to do its busi- Mr. DASCHLE. Is it not true, unless onciliation bills. ness in the best way that it can under the budget resolution assumes that the Mr. DASCHLE. Mr. President, this is, very strict rules of the Budget Com- tax cuts will sunset in 2002, or be offset in my view, a ludicrous abuse of power. mittee. And I, frankly, believe that by tax increases thereafter, the resolu- If this ruling is upheld we will be giv- this is a better way to handle a huge tion calls for a reconciliation bill that ing more and more power to the Budget and varied number of bills—to have would violate the Byrd rule? Committee, power cloaked in the fast- The PRESIDING OFFICER. The reso- track protection of the budget process more than one debate. And, frankly, we lution cannot make assumptions be- itself. We will be granting immense are committed to a balanced budget yond the years which are instructed. power to the majority. If this prece- and to the balanced budget continuing Mr. DASCHLE. That is not the ques- dent is pushed to its logical conclusion, on beyond the 2002. We do not intend to tion, Mr. President. I suspect there will come a day when have tax cuts to take us out of balance What I am asking is that under the all legislation will be done through rec- in 8 years. That would be matched up Byrd rule there must be a determina- onciliation. against entitlement savings that go on. tion that the deficit is not increased by A decade ago the Senate wisely It will be matched up against caps on actions taken in the reconciliation in- amended the reconciliation process by discretionary programs that go on. structions in the outyears, in the years adding the Byrd rule to ensure that So the issue of us being forced to sun- beyond the window. reconciliation bills would be narrowly set, and in some way that is under the The PRESIDING OFFICER. The Byrd drawn and limited to their deficit re- technical ruling today, in some way rule does not apply to reconciliation duction purpose. that puts us in the same boat with the instructions. It applies to a reconcili- This ruling poses a serious threat to President who has submitted a budget ation bill. the Budget Committee as we will be- that is not in balance under the same Mr. DASCHLE. That is my point, Mr. come more and more like the House rules that the Senate applies, and then President. This resolution assumes Rules Committee and the Senate more to say we put it in balance by trig- that a reconciliation bill will be trig- and more like the House of Representa- gering and closing off the tax cuts and gered that will violate the Byrd rule tives. to

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5419 say they are the same, to me just flies I also heard someone refer to Senator The whole context given here this absolutely in the face of every kind of Long as having been chairman of the afternoon is that of minority-majority, factual assessment you want to make Budget Committee—also totally false. majority-minority, and all of that. I about the two budgets. When I hear these things I remember understand that. The distinguished mi- I yield the floor. very, very clearly the history of rec- nority leader is right on target. But Several Senators addressed the onciliation. I can tell you in the late the greatest concern is that we may Chair. 1970’s we used to kid about reconcili- break all discipline from the majority The PRESIDING OFFICER. The mi- ation over on the House side; they said or the minority in the United States nority leader. they could not even pronounce it. And Congress itself if we go this route. We Mr. DASCHLE. Mr. President, I ap- if you go to the RECORD you will find have to overrule this nonsense. This peal the ruling of the Chair, and ask that back in 1975, the Revenue Adjust- ruling of the Chair is totally spurious for the yeas and nays. ment Act to which they are now refer- with no basis whatsoever in fact. The PRESIDING OFFICER. The Sen- ring was not a Reconciliation Act. The truth of the matter is that the ator has already appealed. There is 1 The assistant legislative clerk read bill considered in 1975 was not a rec- hour to be equally divided. as follows: onciliation bill, it was a tax revenue Mr. DASCHLE. Is it not appropriate A bill (H.R. 5559) to make changes in cer- act. If you look at the bill you’ll see to ask for the yeas and nays at this tain income tax provisions of the Internal Revenue Code of 1954, and for other purposes. that it was not reconciliation. And time? while we are clearing things up, some- That was not reconciliation. I know The PRESIDING OFFICER. It is ap- one just a little while ago said Senator Senator Long could use language loose- propriate to ask for them. Long was chairman of the Budget Com- ly from time to time. But that was not Is there a sufficient second? mittee. Not only was he not chairman, There is a sufficient second. a reconciliation bill. We did not start reconciliation until December 1980. I he never served on the Budget Com- The yeas and nays were ordered. mittee. He served as the distinguished Several Senators addressed the was chairman of the Budget Com- mittee, and the distinguished Senator chairman of Finance. We had our dif- Chair. from New Mexico was on the Budget ferences with Finance all along, the The PRESIDING OFFICER. The Sen- Committee at that time. And I am sure difference between Senator Muskie and ator from Nebraska. the CONGRESSIONAL RECORD will reflect Senator Long. I was there when those Mr. EXON. Mr. President, I am about the fact that the first reconciliation particular debates were going on. to yield whatever is yielded from our bill in the history of the Government I would plead to my colleagues very time to my distinguished friend from of the United States of America was in genuinely, to not violate the Byrd rule, South Carolina. December 1980, and has nothing to do which was to keep us sort of in harness I think this debate has been abso- with the precedent noted by the Parlia- and not just willy-nilly put anything lutely fascinating because from the mentarian in 1975. Back then we only on a reconciliation bill. very beginning of the budget debate had 1-year budgets. Let us not get around the debate this year I was struck by what I had Now let me speak to the history of with spurious arguments or about Sen- never seen before; and, that is three reconciliation. We started out dis- ator Long as chairman of the Budget reconciliation bills. I simply say that cussing the matter with our colleagues Committee that he never served on, or the excellent debate that has taken on the House side. The distinguished reconciliation that never occurred in place highlights the fact, and proves Member from the State of Washington, 1975. beyond any doubt what I have always Congressman Adams was the chairman Now, Mr. President, these are the suspected—that the majority in this at that time. And we talked back and hard facts. If someone would get out case on the Budget Committee are try- forth. But after President Carter was the Congressional RECORD and look ing to use this new reconciliation proc- defeated on a Tuesday in November, I back, they will see that the first rec- ess to protect a tax cut from full de- went over that Friday to the White onciliation bill was passed by the Con- bate and amendment, something they House, after we received new budget gress in 1980. I have got the picture. I obviously could not get that done numbers from the Congressional Budg- have got the frame. I am sure Giaimo under the usual rules of the Senate. et Office. The Congressional Budget Of- has the similar frame. The first rec- The budget reconciliation keeps those fice projection of revenues and outlays onciliation act in the history of this of us who are opposed to that kind of a showed that the deficit was going up to U.S. Government was in December, proposition from using the traditional about $43 billion. I said, ‘‘Mr. Presi- 1980. It was signed by President Carter, filibuster techniques. We should have a dent, no Democrat is going to ever get and was 5 years subsequent to the au- debate. We should have all of the rules elected if we don’t cut the deficit. It is thority they are using now to get in place when we talk about cutting or going to be the largest deficit in the around what is going on. raising taxes. history of the Government.’’ He said, The problem here is the Presidential I happen to feel that the move by the ‘‘What are you going to do?’’ I said, politics. It has gotten to be a cancer on majority in this instance is an undis- ‘‘Well, there is a fancy word, Mr. Presi- this entire body. The plan is: we will puted abuse of power and if it is al- dent, reconciliation. I think I can get make them vote on welfare; then we lowed to occur, will it cause them Chairman Giaimo to go along.’’ I had will make them vote on these other great heartbreak in the future. talked to Bob ahead of time. I told the things; and then, finally in September, Certainly the Senator from South president, ‘‘What it means is cut; to go says that resolution, just before the Carolina I believe has been on the back and cut those things that were al- election, we will bring up tax cuts, be- Budget Committee since its inception, ready allocated.’’ Now, back then the cause the polls say everybody is and I think there are few, if any in the fiscal year was from July to July. We against taxes. So we will just put them body, who have a better understanding were already in December and we need- to the task. of what the intent of that legislation ed to try to reduce. That is the history What we have now is Presidential is. of reconciliation—to reduce deficits. politics, and they ought to be ashamed I am pleased to yield to him what- This idea of coming in here and say- of themselves. Their authority is abso- ever time he needs. ing that the word is ‘‘change’’, and it lutely fallacious. The PRESIDING OFFICER. The Sen- does not specify up or down is totally I happened to be chairman of the ator from South Carolina out of the ballpark. It is in reference to Budget Committee at the time, and I Mr. HOLLINGS. I thank my distin- the budget process. If we can find Mr. told the President: if you can get guished friend, the Senator from Ne- Giaimo from Connecticut we could Herke Harris and Jim McIntyre to braska. bring him back here and some of the leave us alone * * * because they were Mr. President, I come to the floor of others—Brock Adams; Jimmy Jones over on the Hill that fall trying to re- the Senate and I cannot keep up with who is now the Ambassador down in elect President Carter, putting up everything going on. I hear different Mexico, they would tell you that rec- money hither and thither. And I even things—such as a ‘‘Reconciliation Act onciliation is a procedure to reduce the went at that time to our liberal spend- of 1975’’—which are totally false. deficit. ing friends. I went to Senator Warren

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5420 CONGRESSIONAL RECORD — SENATE May 21, 1996 Magnuson of Washington, Senator liamentarians do not agree with the majority party proposing in order not Frank Church of Idaho, Senator George ruling of the Chair in this instance. to violate the Byrd rule? I ask the McGovern of South Dakota, Senator But we should all realize and recog- question only because the chairman of John Culver of Iowa, Senator Birch nize—and the people in the gallery or the Budget Committee made this point Bayh of Indiana, Senator Gaylord Nel- the people watching on television a few moments ago. If that is the in- son of Wisconsin, who used to sit right maybe have some kind of questions— tent, and if the information exists to here, and I said: You have got to give that the Parliamentarian, of course, is tell us and the American people what us one vote. We have got to cut this appointed by the party in the majority, that intent is in more specific detail, I thing back; otherwise, we are going to and when we were in the majority we think now would be the time for the leave the biggest deficit in the history had our Parliamentarian. Now that the majority to give us those details. of the Government. Republicans are in the majority, they Mr. EXON. Before the Senator from The whole idea of the reconcili- are entitled to and have their Parlia- North Dakota leaves, may I ask a ques- ation—and I am giving you firsthand mentarian. tion of the Senator from North Da- history; it is honest as the day is We like to keep the Parliamentarians kota? We heard a great deal and we long—was to, by gosh, cut back on the as nonpartisan as possible, but I must have had a lot of criticism from that deficit. It was not this nebulous argu- admit that over the years I have been side of the aisle on the President’s ment that as long as it is a change here I have seen our Parliamentarian budget with the idea that it has a trig- then we can make it go up. I never rule in our favor, and while I cannot ger in the last year or two that is not heard of such a thing. We would have prove it, I happen to feel that today’s factual, not upfront, and not leveling been run out of the Senate in those Parliamentarian rules in favor of the with the American people. In view of days. We had some discipline, some un- people that appointed him. So the Par- the fact that that charge had been derstanding of responsibility, some ac- liamentarian is not like a Supreme made, whether it is true or not, and I tion of responsibility. It is totally irre- Court Judge that has lifetime tenure think it is not, could the same thing sponsible to come now and start ruling which enables him or her to make de- not be said with regard to the action that you can put up a reconciliation terminations based solely upon history taken by the majority in this case by bill since it is a change. Every bill is a and fact. I would be the last, Mr. Presi- having a trigger that would benefit change. So any bill can be called rec- dent, to indicate that politics could them? That seems to be all right—— onciliation. You can go up and you can possibly be involved in the matter be- Mr. DORGAN. In response to the Sen- go down and you can limit the debate. fore us today—but sometimes it just ator, that is exactly the case that ex- You can, as they call it, fill up the might be. ists here. Either these tax reductions tree, so there are no amendments and I yield the floor. in the third reconciliation bill will be there is a time limit and the majority The PRESIDING OFFICER. The Sen- sunsetted, or there will be additional retires from the floor and goes out to ator’s time has expired. There are 27 tax increases beyond the final year, or watch TV or something because they minutes remaining on the majority there will be additional cuts. It sounds have the votes locked and fixed. It is time. like a trigger to me. really a shame. It is an embarrassment Mr. EXON. When the Senator from I am told now by the chairman of the to this particular Senator who served Missouri finishes—I will yield to the Budget Committee they are talking as the chairman of the Budget Com- Senator from North Dakota. I have about caps on entitlements in addition mittee, and I can tell you the whole been advised that the Senator from to what we see in the budget. My ques- precedent given by the Parliamen- North Dakota has to leave at 4 tion is, what would those be? Will they tarian is totally out of the whole cloth. o’clock—I yield to him off the resolu- tell us and the American people what Mr. DORGAN addressed the Chair. tion. they are talking about, so we under- The PRESIDING OFFICER. The Sen- Mr. BOND. Go ahead. stand before we proceed down this ator from North Dakota. Mr. EXON. How much time does the road? Mr. DORGAN. I wonder if the Sen- Senator from North Dakota wish? Mr. EXON. I thank my friend. We re- ator from Nebraska would yield me I yield the Senator whatever time he serve the remainder of our time. just 2 minutes. needs off the resolution. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Does the Mr. DORGAN. Mr. President, let me ator from Missouri. Senator yield to the Senator from just take 30 seconds. I do not think the AMENDMENT NO. 4012 North Dakota? majority party will want to establish Mr. BOND. Mr. President, I yield my- Mr. EXON addressed the Chair. this as a precedent. They would be here self 10 minutes off of the resolution, The PRESIDING OFFICER. The Sen- in full force, very angry with this, were not on this point in specific. ator from Nebraska. it being done to them, were we to cre- I have a desire to talk about an Mr. EXON. Mr. President, I have been ate multiple reconciliation bills in this amendment, No. 4012, the Harkin fascinated in listening to the remarks, manner. amendment, which cuts other commit- that are so much on point, by the Sen- But the main point I want to make tees and adds $2.7 billion to the Labor, ator from South Carolina. I was there is, we are told that this third reconcili- HHS subcommittee. I say that for the in 1980. I remember being called down ation bill would violate the Byrd rule information of any of my colleagues to the White House on an emergency unless the tax reductions are who may wish to join in. basis with the Senator as chairman of sunsetted, or unless some other ex- Let me just say in respect to the dis- the committee. Chairman Giaimo was penditure reductions occur or some cussions we have had, very important there, and I listened with keen interest other tax increases occur, in order to discussions over the procedure in the to the keen recollection of the facts, pay for the tax cuts in the out years. Budget Act, I disagree with the rank- with the names and the dates and the When that point was affirmed, that it ing member on the other side, who as- places by my talented colleague from would violate the Byrd rule unless that cribes politics to the process and to the South Carolina. occurred, the chairman of the Budget Parliamentarian. I think it is time we Mr. President, I am very much afraid Committee said that there would be had some good policy, because in the that we are proceeding here in a fash- caps on entitlements and other expend- past this body, with the active involve- ion that the majority thinks is good iture cuts in the out years. They would ment of the Presidents of the United politics. It is going to have dire, dire have to be done in this third reconcili- States, has run up a $5 trillion debt, al- consequences in the future if we con- ation bill. most $18,000 for every man, woman, and tinue to proceed and fail to overrule I ask, does anybody have information child in this country. the Chair. In all reality we know our about what we are talking about? We are in the process of threatening appeal will fail because the Republican These would be cuts beyond what the disability of our Government budg- majority of 53 has the votes to roll us comes in the current budget rec- et and the economy of this country as on this side at every occasion. ommendations of the Senate, so what a whole if we do not pass a budget that I would tell the Senate that other kind of caps on entitlements or future responsibly gets us on a path to bal- people who have had experience as Par- cuts in the entitlement programs is the ance in the near future. The budget

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5421 resolution before us proposes to do vironment. Everybody had something The bill (HR 7765—PL 96–499) cut back pro- that. It is a difficult budget. It is not more they wanted to add to environ- grams already on the books to achieve out- easy, but I believe it is one that merits mental spending. Let me make it quite lay savings of $4.6 billion in the year that support. clear that if this amendment is adopt- began Oct. 1, 1980. It included revenue-rais- There was discussion about the budg- ing provisions expected to yield $3.6 billion ed, the money is going to come out of during the year. et the President supported. That budg- the environment and/or Veterans’ Ad- Congress completed action on the rec- et has been voted down. That budget ministration health care. There is no onciliation bill Dec. 3 when the Senate proposed spending and said if it did not other pot for it to come out of. There adopted the conference report on the meas- get to zero deficit in 2002, several auto- is no category of administrative costs ure (H Rept 96–1479) by an 83–4 vote. The matic actions should be taken. Those and administrative waste that is going House had approved the conference report automatic actions lead to about a $16 to be reduced. This money is going to earlier that day 334–45. (Senate vote 487, p. billion tax increase and increase in 70–S; House vote 581, p. 168–H) come out of the environment and/or Although some members castigated the spectrum fees, which would come to a veterans health care. bill as a ‘‘backdoor’’ method for creating new middle-class tax increase in 2002, plus I know everybody would like to put federal programs and expanding old ones, $67 billion in cuts in domestic discre- more money in education. Certainly, I most participants in debate on the measure tionary programs that would be ex- would as well. But after the battles hailed it as a clear signal that Congress in- tremely painful and, frankly, from that we have had here, to try to get the tended to get control of federal spending. what we have heard from some of the funds increased to carry out the vital As Rep. Delbert L. Latta, R-Ohio, ranking administration officials, they may environmental programs that the EPA minority member of the House Budget Com- mittee, told House members: ‘‘[I]f any of my even have no intention of pursuing. is charged with, I would be very sur- colleagues are thinking about voting against Let me get back to the budget that is prised if people will vote to cut the en- this reconciliation, just keep this in mind, before us and, in particular, the Har- vironment, and then they will come that if you vote against it, you are saying kin-Specter amendment. This amend- back to this floor when we are debating you vote for $8.2 billion more deficit for fis- ment, No. 4012, proposes to increase by the bill itself and say, ‘‘Why can’t we cal 1981.’’ $2.7 billion the amount in the functions put more money in the environment?’’ The final vote on reconciliation was the for education, training and social serv- Mr. President, a vote for the Harkin culmination of a six-month odyssey that ices and for health activities. Every- amendment is a vote to take money started when Congress included in its first 1981 budget resolution (H Con Res 307) a pro- body likes to be for education and for out of the environment. It is a vote to vision requiring that authorizing commit- health care. That sounds very appeal- take money out of VA medical care. tees come up with $6.4 billion in spending ing. But that takes money out of other These are the critical priorities that cuts in existing programs and $4.2 billion in budgets that have been strapped—and would be hit if this measure is to be new revenues. (Budget resolution, p. 108) severely strapped in the past. I note adopted. The Senate approved its version (S 2885), S that it takes money out of the defense I strongly urge my colleagues not to 2939) of the reconciliation legislation in ac- budget in many areas where there is no support this amendment. It reflects tion June 30 and July 23, and the House fat. It takes money, in specific, out of passed its bill Sept. 4. The largest conference some serious changes from the judg- in the history of Congress, including more the budget for the Veterans’ Adminis- ment made by the Budget Committee than 100 conferees, convened Sept. 18. tration and EPA, where we have suf- and it will take down funding, approxi- The conference itself took two months. Al- fered great cuts in the past. mately $430 million cut for HUD-VA though many discrepancies were resolved Last year there was a rescission of $7 would be just about equal to the in- quickly, the knottiest issues—involving billion out of the funding for the VA, crease planned for VA medical care, or cost-of-living increases for military and fed- HUD, EPA subcommittee. Then, in the it would equal about one-half of the eral retirees, changes in Medicare and Med- appropriations bills, there was about planned Superfund reserve fund in- icaid, child nutrition programs, mortgage an $8 billion cut in these functions. subsidy bonds and the crude oil windfall crease. profits tax—delayed a final compromise Here the amendment before us would These are vital priorities that have until late November. take more money from those functions been debated on this floor in the past. The ultimate conference agreement fell and add it to the Labor, HHS sub- We spent many months working to find short of the $10.6 billion in savings targeted committee. Frankly, that budget under additional offsets to put money into by the first budget resolution. It provided this bill before us would go up slightly the environment. And if any of my col- cuts of $4.631 billion in outlays ($3.092 billion for education. Certainly, we all like leagues are interested in the environ- in budget authority) and $3.645 billion in new education. But the problem is very se- ment and are concerned about assuring revenues, for a total package of $8.276 billion in savings. The bill projected total savings rious when you take a look at where that we have adequate funds to protect for fiscal 1981–85 at $50.38 billion in outlays this money would have to come from. the environment, to clean it up, to and $29.2 billion in additional revenues. The proponents of this amendment leave the kind of environment we want PROVISIONS say it will come out of administrative to leave for our children, I urge them As cleared by Congress, H.R. 7765 provided costs. This amendment says nothing not to support this amendment to take for the following spending reductions and about administrative costs. It just money out of the environment. revenue increases: takes $1.2 billion out of one place, $1.5 Mr. President, I reserve the remain- SPENDING REDUCTIONS billion out of another, $1.4 billion and der of the time, and I yield the floor. Education and Labor, $840 million in budg- $1.4 billion. It does not say anything Mr. HOLLINGS addressed the Chair. et authority and $826 million in outlays. Sav- about administrative costs. It does not The PRESIDING OFFICER. The Sen- ings were achieved by lowering federal child define any fat. ator from South Carolina. nutrition subsidies and reducing participa- The cuts that were taken in the VA, POINT OF ORDER tion by higher-income students in meals pro- HUD, EPA subcommittee last year Mr. HOLLINGS. Mr. President, I grams; facilitating collection of and increas- were draconian cuts. We had to look ing the interest rates for student loans; and yield just 1 minute. limiting cost-of-living adjustments for Fed- everywhere we could to find ways to I ask unanimous consent to have cut low-priority programs to enable us eral Employees Compensation Act benefits printed in the RECORD a page from the for job-related accidents to an annual basis. to fund the major programs funded in ‘‘Major Congressional Action’’ of the Conferees also, however, extended the au- EPA and Veterans’ Administration. Congressional Quarterly Almanac of thorizations for several child nutrition pro- Just last week, this body voted over- 1980. grams—extensions that were not part of ei- whelmingly, 75 to 23, against very se- There being no objection, the mate- ther the House or Senate reconciliation bills. vere cuts that the President had pro- rial was ordered to be printed in the (Story, p. 453) posed to take out of veterans medical Post Office and Civil Service, $429 million RECORD, as follows: in budget authority and $463 million in out- care. $8.2 BILLION RECONCILIATION BILL CLEARED In addition, I think every Member of lays. Savings were achieved by cutting the For the first time in the six-year history of authorization for pubic service appropria- this body will recall that during the de- the congressional budget process, lawmakers tions to the Postal Service and repealing bates on the 1996 appropriations bill, in 1980 approved ‘‘reconciliation’’ legislation ‘‘look back’’ cost-of-living (COLA) benefits the current-year spending bills, every- designed to trim the fiscal 1981 budget deficit provisions for retiring federal employees, body wanted to spend more on the en- by more than $8.2 billion. which allowed them to receive the benefit of

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5422 CONGRESSIONAL RECORD — SENATE May 21, 1996 the previous COLA. Conferees did not change response to the concurrent resolution by tax increases, and they are totally the current twice-a-year COLA benefits for instructions to the Finance Com- consistent in applying these two rules. military and federal retirees, which would mittee. It was not a reconciliation bill. If there were a rule No. 3, it would be have saved more than $700 million; the Sen- The title of the bill itself said: ‘‘see rules 1 and 2 above.’’ ate had agreed to this modification. Con- What Senator DASCHLE is trying to ferees also prohibited the Postal Service The assistant legislative clerk read as fol- from doing away with six-day mail deliv- lows: ‘‘A bill (H.R. 5559) to make changes in do is stop us from voting on a tax cut, eries. certain income tax provisions of the Internal period. I remind my colleagues that Highway, Rail and Airport Programs, $375 Revenue Code of 1954, and for other pur- this fund that we are setting up, this million in budget authority and $917 million poses.’’ so-called reserve fund, provides a tax in outlays. Savings were achieved by lim- It was a separate bill. It was not rec- cut to working families, basically a iting obligational authority for highways, onciliation, because we tried to get $500 tax credit per child to working reducing the authorization of the National reconciliation earlier, and we finally families who now have the highest tax Highway Traffic Safety Administration, re- got it 5 years after the Budget Act had stricting railroad rehabilitation, limiting burden in American history. funds for airport development, planning and been passed. There it is. The Congres- When I was a boy 8 years old in 1950, noise control grants. sional Quarterly, totally impartial, the average family in America with Veterans’ Programs, although the rec- said the first reconciliation act. I will two children was sending $1 out of onciliation bill itself did not make any cuts get the other Congressional RECORDs. every $50 it earned to Washington, DC. in veterans’ programs, the conference report So the very authority for this ruling is Today, the average family with two cited savings of $487 million in budget au- totally unfounded. We ought to over- children is sending $1 out of every $4 it thority and $493 million in outlays from vet- rule this ruling, so to speak, so we can earns to Washington, DC, and what we erans’ legislation already enacted. These savings came from limiting burial allow- maintain the integrity of the budget are trying to do is to reduce the tax ances and terminating certain flight and cor- process and the integrity of the Senate burden on working families, especially respondence training. itself. working families with children. Small Business, $800 million in budget au- I thank the distinguished ranking Under our budget, we cannot give a thority and $600 million in outlays. The sav- member. tax cut larger than the spending cuts ings reflected revisions in disaster loan pro- Mr. EXON addressed the Chair. that we have written in the budget or grams included on the Small Business Devel- The PRESIDING OFFICER. The Sen- we are violating our own budget and we opment Act of 1980 (PL 96–302). (Story, p. 546) ator from Nebraska. are subject to a point of order. So we Health, $12 million in budget authority and $915 million in outlays. Savings were to Mr. EXON. Mr. President, time and are not debating deficits here, we are come, in part, from deferring until Sep- time again, we are proving the point basically debating whether or not we tember 1981 the periodic interim payments to that the theory behind the ruling of be allowed to cut spending and cut hospitals and revising Medicare reimburse- the Chair, as we understand it, which is taxes on working families. ments so they were based on fees charged totally faulty, has been destroyed The Democrats always take the view when the service was performed rather than —that theory has been destroyed com- that tax increases are good and they when the claim was processed. pletely—by the fact that we have prov- are always on the rich. In 1993, when Although the health conferees agreed to en beyond any doubt that the 1975 act, they imposed, without a single Repub- more than 80 new provisions in Medicare and Medicaid programs, many of the changes re- or whenever it was, that evidently the lican vote, the largest tax increase in sulted in adding costs rather than savings. Parliamentarian is using as a basis for American history, their argument was, The new health benefits programs included his theory is wrong. this is a tax on rich people. Nobody expansion of coverage for home health serv- Mr. HOLLINGS. Wrong as it can be. making less than $115,000 a year is ices, benefits for care in outpatient rehabili- Mr. EXON. Senator Long was on an- going to pay this tax. Well, it turned tation facilities and increases in payments other course altogether. He was cut- out it had a gasoline tax in it. They for outpatient physical therapy. (Story, p. ting taxes. He was not using the rec- tried to have a Btu tax equivalent to a 459) onciliation process, as we know and un- gasoline tax of 7 cents a gallon. What Unemployment Compensation, $32 million in budget authority and $147 million in out- derstand it, as part of the budget bill. they were able to pass was a 4.3-cents a lays. Savings were achieved by ending the The fact that words were used some- gallon tax on gasoline. It did not go to federal reimbursement to states for com- where along the line is totally wrong build highways. It went to general fund pensation paid to former Comprehensive Em- when a Parliamentarian so rules be- of the Government to spend. They ployment and Training Act (CETA) workers; cause it is a faulty ruling, and I think taxed working people who have to drive eliminating the federal payment for the first most lawyers who look at it objec- their cars and their trucks to work to week of extended benefits in states that did tively will so agree. give money to people who do not work. not require recipients to wait a week before I retain the remainder of our time, Secondly, they taxed Social Security obtaining benefits; and denying extended benefits to those who did not meet certain and I yield the floor. benefits. The President proposed taxing work-related requirements. Mr. BOND. Mr. President, I ask the anybody who was rich, by his defini- Senator from Texas, is he prepared to Mr. HOLLINGS. Mr. President, I read tion, who made $25,000 a year. go forward? When people raised questions about the first three paragraphs: Mr. GRAMM. I am, Mr. President. it, he said: ‘‘Well, you know, many of For the first time in the six-year history of Mr. BOND. Mr. President, I yield the these people own their own homes, and the congressional budget process, lawmakers in 1980 approved ‘‘reconciliation’’ legislation distinguished Senator from Texas 8 if they had to rent the home you could designed to trim the fiscal 1981 budget deficit minutes on the argument on the appeal count that as income, if they own their by more than $8.2 million. of the ruling on the point of order. refrigerator and they rented that, if The bill . . . cut back programs already on The PRESIDING OFFICER. The Sen- they got an insurance policy or a little the books to achieve outlay savings of $4.6 ator from Texas. savings account.’’ So shamed were billion in the year that began Oct. 1, 1980. It Mr. GRAMM. Mr. President, there is Democrats in Congress that they did included revenue-raising provisions expected one thing you have to hand our Demo- raise the level at which you started to yield $3.6 billion during the year. Congress completed action on the rec- cratic colleagues, they are absolutely taxing their Social Security benefits to onciliation bill Dec. 3 when the Senate consistent on tax policy. They are al- $34,000 a year. adopted the conference report on the meas- ways consistent, and they are consist- By their definition, those are rich ure . . . by an 83–4 vote. The House had ap- ently wrong. They have three rules on people. They were going to tax John Q. proved the conference report earlier that day taxes, and they never, ever violate Astor, we were told. As it turned out, 334–45... them: 80 percent of those taxes on this top 1 And on. The rest of it, of course, is Rule No. 1 is that tax increases are percent of income earners turned out printed in the RECORD. always fair, they are always the right to be Joe Brown and Son hardware The facts themselves support the po- thing to do, and they are always sup- store. sition taken here. The authority for ported. But the one thing you have to admire this absurd ruling is totally out of con- Rule No. 2 is that tax cuts are always the Democrats about, they are abso- text from the idea of the budget proc- unfair, they are always for the rich, lutely consistent. And that is, they al- ess and restrictions thereof. It was in just as only rich people are ever taxed ways raise taxes. They always raise

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5423 taxes. And they always say that only dren and their own families, somehow Mr. BOND. I see our distinguished rich people pay taxes. that is unfair, somehow suddenly they chairman of the Budget Committee They are also consistent in that they are rich. here, whose good office is responsible never support cutting taxes. What we In truth, for the Democrats, anybody for helping frame this overall budget are trying to do in this bill is to give a that works for a living is rich. Well, I debate. I am happy to yield to him if he $500 tax credit for working families. think working families can do a better has some comments on this at this That tax credit phases out as all deduc- job. That is why I think it is absolutely time. tions do, at high-income levels. imperative that we defeat this par- Mr. DOMENICI addressed the Chair. The plain truth is, most American liamentary maneuver and that we have The PRESIDING OFFICER. The Sen- families never become truly economi- an opportunity to vote on cutting ator from New Mexico. cally successful until they are older taxes for working families. I think Mr. DOMENICI. Parliamentary in- and therefore almost by definition they deserve the tax cut. I intend to quiry. Since I was absent, I would like their children have grown up, gotten vote for it. I yield the floor. to be brought current. How much time married, graduated from college. Mr. Mr. BOND addressed the Chair. in toto is still available for both sides President, 75 percent of the tax cut we The PRESIDING OFFICER. The Sen- on the resolution? are talking about goes to families that ator from Missouri. The PRESIDING OFFICER. There make $75,000 or less. But following Mr. BOND. Mr. President, I yield my- are 57 minutes for the Senator from their basic rule that every tax increase self such time as I may require off the New Mexico; 56 minutes for the Sen- is fair and every tax cut is unfair, they resolution. I ask the Senator from ator from Nebraska. are against it. Texas if he will spend a minute with Mr. DOMENICI. Boy, are we doing I just want to remind my colleagues me. well. We must just be in sync. before they vote on this, that under the Mr. GRAMM. Sure. Mr. EXON. We agree on something. Clinton budget, if it were implemented, Mr. BOND. Talking about the tax- Mr. DOMENICI. I am going to speak we would have the highest tax burden ation philosophy. I wonder if he has to this, but I ask, in my absence has in American history at the Federal taken a look at the amendments pre- anybody come to the floor with addi- level, 19.3 cents out of every $1 earned sented on this budget resolution. tional amendments? Are we using time by every American on average will Does the Senator see a theme in the to make our points here or is somebody come to the Federal Government to be amendments that have been presented coming with amendments? spent. in this budget resolution? What that means for working Ameri- Mr. GRAMM. Well, I have not looked Mr. EXON. The Senator and I have cans is that for the first time in his- at the numbers. I would like to be edu- appealed over and over again to people tory, over 30 cents, in fact 30.4 cents, cated on it. But as I look at them, we to come to the floor or at least call us out of every $1 earned by every Amer- have a minimum of six amendments and tell us they are not going to offer ican family on average is not going to where the Democrats want to raise the amendments. We have heard noth- be spent by the people who earned it: it taxes and spend the money. And the ing from our side of the aisle on that. is going to be spent by their Govern- number I looked at is that the tax in- If the Senator has heard of anybody on ment at the State, local, or Federal crease was very substantial, over $180 his side of the aisle, that would be a level. billion total. step in the right direction. Our colleagues who object to cutting Mr. BOND. I say to my good friend Mr. DOMENICI. We have not. taxes for working families say, this is from Texas, I show to my other friends, Mr. EXON. To answer the Senator’s only fair. What they really believe but just some rough calculations we have question, it would appear to me that they do not want to tell us is, they be- done. So far, we have six tax increases neither Republican Senators nor Demo- lieve Government can do a better job of that are proposed in amendments on cratic Senators seem anxious to come spending money than working families this budget resolution. The Senator over and claim some time to offer the can. They believe that a two-wage from West Virginia, Senator ROCKE- amendments that they said they earner family where both the husband FELLER, $50 billion; Senator BOXER, $18 thought was important enough to be and the wife are out working hard, billion; Senator WYDEN, $1 billion; Sen- considered. So that is all I know about they are making about $50,000 a year, ator KERRY, $48 billion; Senator KERRY, the proposition. Nothing evidently has or $60,000 a year, when they combine $6 billion; Senator BYRD, $65 billion. As changed, I say to the chairman of the their two incomes—we are trying to let we calculate that, that comes up to committee. them keep $1,000 more a year to invest about $188 billion. Mr. DOMENICI. I thank the Senator in their own family and their own fu- Mr. GRAMM. What would they do very much. ture. The Democrats are trying to use with that money? I shortly will offer three amendments a parliamentary maneuver to prevent Mr. BOND. As I understand it, I say on behalf of Senators on this side, one us from voting on that because they to the Senator, that would not go for of them on behalf of Senator MCCAIN want to spend that money. They do not tax relief. That would go for increased and two on behalf of Senator FAIR- want working families to be able to spending. CLOTH. Obviously we will not speak to spend it. Now we are getting up—the record them. They will be put on the same list This fits their principle. In the mid- was set, I believe, in 1993, where we had for a vote when the vote comes. 1980’s people discovered that in foreign a $240 billion tax increase. We still Mr. President, I want to use about 2 policy the Democrats always blamed have a few hours left on this resolu- minutes here to just make an observa- America first. What we are discovering tion, and all we need is about, as I cal- tion and make an inquiry of the Chair. in the 1990’s is in domestic policy, they culate it, about $52 billion more in tax First, I do not ask the Chair or the always tax America first. According to increases, and we could go over that Parliamentarian for any information them, every tax is fair, every tax cut is $240 billion. on this, but it is obvious that the Byrd unfair, every tax increase is paid for by Does the Senator think maybe there rule by definition does not apply to rich people. Even if they are Social Se- is an effort to break that record? provisions of a budget resolution. It ap- curity recipients making $25,000 a year, Mr. GRAMM. I would say, if the Sen- plies to the legislative language in the counting half of their Social Security, ator would yield, it is their record. It reconciliation bills. even if they are driving a pickup truck was the 1993 tax increase. And let me Having said that, I have a parliamen- to work, Democrats think they are rich predict, not having seen what taxes tary inquiry. It is brief. If a reconcili- when it comes to raising their taxes. those are, I bet you all those taxes are ation bill reduced revenues in the out- But when working families who are supposedly on rich people, people that years beyond the period of the rec- struggling every single day to make drive automobiles and trucks and peo- onciliation bill, but as a whole did not ends meet—and they are watching the ple that work for a living, which by increase the deficit by virtue of offset- Government squander their money— definition are rich people. In fact, any- ting spending reductions or revenue in- when we try to let them keep $1,000 body that is taxed is rich and anybody creases, would the revenue reductions more a year to invest in their own chil- whose taxes you cut are rich. violate the Byrd rule?

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5424 CONGRESSIONAL RECORD — SENATE May 21, 1996 The PRESIDING OFFICER. No, they expeditious manner and in a manner presses the sense of the Senate that would not. that is most efficient. The amendment balanced budget legislation should also Mr. DOMENICI. I thank the Chair. does not force the FCC to act on any contain a strategy for reducing the na- Now, Mr. President, I have an amend- fashion other than that which is most tional debt. I send the amendment to ment. appropriate. the desk and ask for its immediate con- Mr. EXON. May I inquire of my col- However, Mr. President, I am con- sideration. league, we have additional debate that cerned that the Commission move for- The PRESIDING OFFICER. The was on the matter before the Senate. ward with auctions. clerk will report. Do you wish us to finish that or do you This amendment is about much more The bill clerk read as follows: want to go ahead? The Senator from than auctions. It is about truth in The Senator from New Mexico [Mr. DOMEN- South Carolina also wants to speak. budgeting. When the Budget Com- ICI], for Mr. FAIRCLOTH, proposes an amend- Mr. DOMENICI. It will take me 3 mittee drafts a budget plan that in- ment numbered 4023. minutes to get these amendments cludes auctions, it is assumed that Mr. DOMENICI. Mr. President, I ask done. those auctions will take place. To the unanimous consent reading of the AMENDMENT NO. 4022 Commission’s credit, it has acted to amendment be dispensed with. (Purpose: To express the sense of the Senate auction much of the spectrum. And to The PRESIDING OFFICER. Without regarding spectrum auctions and their ef- date, over $20.2 billion has been raised objection, it is so ordered. fect on the integrity of the budget process) by auction. The amendment is as follows: Mr. DOMENICI. Mr. President, I have But we must continue to move for- At the appropriate place, insert the fol- an amendment regarding spectrum ward. In order for the Government’s lowing: openings and the effect of their integ- books to actually balance, we must SEC. . SENSE OF THE SENATE REGARDING WEL- rity on the process, and I send the bring in money we intend to spend. FARE REFORM. amendment to the desk and ask for its One such example is the issue of The Senate finds that— Local Multipoint Distribution Service S. Con. Res. 57 assumes substantial savings immediate consideration. from welfare reform; and The PRESIDING OFFICER. The [LMDS]. The Commission’s rulemaking Children born out of wedlock are five times clerk will report. proceeding on LMDS is over 3 years more likely to be poor and about ten times The bill clerk read as follows: old. For 3 years we have been waiting more likely to be extremely poor and there- The Senator from New Mexico [Mr. DOMEN- for auction revenues. In the mean time, fore are more likely to receive welfare bene- ICI], for Mr. MCCAIN, proposes an amendment LMDS technology which was developed fits than children from two parent families; numbered 4022. by American entrepreneurs is being im- and Mr. DOMENICI. Mr. President, I ask plemented elsewhere in such places as High rates of out-of-wedlock births are as- sociated with a host of other social unanimous consent reading of the Canada, South America, and Asia. LMDS will provide homes and offices pathologies; for example, children of single amendment be dispensed with. mothers are twice as likely to drop out of The PRESIDING OFFICER. Without with video, telephony, and other inter- high school; boys whose fathers are absent objection, it is so ordered. active data transfer applications in- are more likely to engage in criminal activi- The amendment is as follows: cluding high speed Internet connec- ties; and girls in single-parent families are At the appropriate place, insert the fol- tions. In residential areas, for example, three times more likely to have children out lowing: LMDS could provide a family with over of wedlock themselves; therefore It is the sense of the Senate that any com- SEC. . SENSE OF THE SENATE—TRUTH IN BUDG- 60 digital TV stations, 200 video-on-de- ETING. mand channels, two telephone lines, prehensive legislation sent to the President that balances the budget by a certain date It is the Sense of the Senate that: and a high-speed Internet connection. (a) The Congressional Budget Office has and that includes welfare reform provisions But, Mr. President, again let me re- and that is agreed to by the Congress and the scored revenue expected to be raised from peat that this amendment is not about the auction of Federal Communications President shall also contain to the maximum Commission licenses for various services; LMDS or any other specific service. extent possible a strategy for reducing the (b) For budget scoring purposes, the Con- There are other subscriptions services rate of out-of-wedlock births and encour- gress has assumed that such auctions would that are set to be auctioned that I aging family formation. occur in a prompt and expeditious manner would hope the FCC soon acts on. I Mr. FAIRCLOTH. Mr. President, and that revenue raised by such auctions would hope that the Commission move President Clinton devoted two of his would flow to the federal treasury; forward on those matters also and the weekly radio addresses this month to (c) The Resolution assumes that the rev- FCC view this amendment as our im- the topic of welfare reform. enue to be raised from auctions totals bil- primatur to move forward. But as I Like President Clinton, I was elected lions of dollars; (d) The Resolution makes assumptions noted, this amendment is about the in 1992, and welfare reform was a key that services would be auctioned where the FCC acting in an expeditious manner issue in my campaign. Since then I Federal Communications Commission has in order to ensure that when the Con- have introduced welfare reform bills in not yet conducted auctions for such services, gress assumes that money will be com- the 103d Congress and in this Congress such as Local Multipoint Distribution Serv- ing in, it is in fact coming in. as well. ice (LMDS), licenses for paging services, Mr. President, I want to commend The current impasse on welfare re- final broadband PCS licenses, narrow band the Budget Committee and its chair- form has existed since the President’s PCS licenses, licenses for unserved cellular, man for moving the issue of spectrum second veto of welfare legislation sent and Digital Audio Radio (DARS), and other subscription services, revenue from which auctions forward. For the most part, it to him by the Congress. I found the has been assumed in Congressional budg- has been reconciliation legislation that President’s recent remarks on welfare etary calculations and in determining the has mandated past auctions The Budg- reform to be particularly aggravating level of the deficit; and et Committee has recognized that spec- because so much agreement exists be- (e) The Commission’s service rules can dra- trum is a public asset, that it has great tween the President and the Congress matically affect license values and auction value, and that the American people on the problems in our welfare system, revenues and therefore the Commission should not only benefit by its use, but and on most of the solutions, and yet should act expeditiously and without further should benefit from its sale. bipartisan legislation passed by Con- delay to conduct auctions of licenses in a Now we must ensure that the auc- manner that maximizes revenue, increases gress has not become law. efficiency, and enhances competition for any tions the Budget Committee has the In his May 4 address, the President service for which auction revenues have been foresight to call for do indeed occur. I said, ‘‘The American people need a wel- scored by the Congressional Budget Office would hope the Congress would adopt fare system that honors American val- and/or counted for budgetary purposes in an this amendment and that the FCC ues: work, family and personal respon- Act of Congress. would act as instructed by the Senate. sibility.’’ Mr. MCCAIN. Mr. President, this AMENDMENT NO. 4023 The issues related to family and per- amendment expresses the sense of the (Purpose: To express the sense of the Senate sonal responsibility have been of par- Senate that when spectrum auctions regarding welfare reform) ticular interest to me. In fact Presi- are assumed in the budget resolution, Mr. DOMENICI. Mr. President, this is dent Clinton and I strongly agree on that those auctions should occur in an proposed by Senator FAIRCLOTH and ex- the problems in this area. On January

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5425 29 of this year, when the President ap- vative reforms recently proposed by reducing the national debt of the Untied pointed Dr. Henry Foster to coordinate the Republican Governor of Wisconsin, States. the administration’s new National Tommy Thompson. Mr. FAIRCLOTH. Mr. President, this Campaign to Reduce Teen Pregnancy, I think it is ironic that the greatest amendment would very simply express the President said: barrier to these innovative State pro- the sense of the Senate that if we enact This morning we want to talk about teen grams is the current Federal welfare a balanced budget plan this year—that pregnancy, because it is a moral problem and system which requires States to nego- such legislation should also contain a a personal problem and a challenge that indi- tiate a lengthy, and potentially par- strategy for reducing the national vidual young people should face and because tisan, waiver process through the De- debt. it has reached such proportions that it is a partment of Health and Human Serv- The budget resolution we are debat- very significant economic and social problem ices. By refusing to sign welfare reform for the United States. ing today is a plan to balance the budg- legislation, the President is denying et by the year 2002. But by the year He went on to say: States the flexibility that our welfare We know * * * that almost all the poor 2002, our national debt will be $6.5 tril- reform bill was designed to provide. lion. children in this country are living with one Even though the President seemed to parent; that there are very, very few poor Mr. President, this debt represents a children, without regard to race, region or have endorsed the Wisconsin plan on massive burden on the American people income, living in two-parent married house- Saturday, today’s Washington Post and future generations of Americans. I holds. contained a statement from White am deeply concerned about this debt He continues by saying: House Deputy Chief of Staff, Harold burden that we have placed on our chil- We know that there are an awful lot of Ickes, that details of the Wisconsin dren, grandchildren, and children yet good, single parents out there doing their proposal would have to be changed be- born. fore the Department of Health and best, but we also know it would be better if The budget resolution is a plan to no teenager ever had a child out of wedlock; Human Services would approve the end the deficit spending—which is cer- that it is not the right thing to do, and it is wavier. tainly what we need. But I feel just as not a good thing for the children’s future and With all this agreement that seems strongly that we need a plan to reduce for the future of the country. to exist between the Congress and the this debt. Mr. President, I agree whole- President, why can’t the American peo- heartedly with those points. Seventy- ple have the welfare reform that the It took this country nearly 200 years two percent of teenage births occur Congress has passed, and the President to accumulate a debt of $1 trillion—and outside of marriage. I have stood here has promised them? in the last 16 years the debt will have many times and emphasized that wel- Mr. President, my amendment sim- increased fivefold. This is not a Repub- fare reform that does not aggressively ply states that it is the sense of the lican or Democrat issue—we don’t need seek to reverse the rising rate of out- Senate that if welfare reform is in- to assign the blame—we just need to of-wedlock births, will not break the cluded in new balanced budget legisla- develop a solution. cycle of welfare dependency that is tion, that those provisions contain a All this amendment would do is en- consuming more and more of our young strategy to reduce the incidence of out courage the Senate—express that it is people. of wedlock births as well as encourage our sense that we develop proposals to I have not been alone in sounding the the formation of two-parent families. deal with this massive debt burden. alarm on this problem. Many of my Re- AMENDMENT NO. 4024 POINT OF ORDER publican colleagues have joined me, (Purpose: To express the sense of the Senate Mr. EXON. Mr. President, I am about and we have all learned from our regarding reduction of the national debt) to yield whatever time he might need friend, Senator MOYNIHAN, who first Mr. DOMENICI. Mr. President, I send to the Senator from South Carolina. conducted ground-breaking research on an amendment to the desk and ask for I wish briefly to respond. How inter- this topic almost 30 years ago. its immediate consideration. This is on esting it is that the debate has shifted It is my strong belief that illegit- behalf of Senator FAIRCLOTH ref- from the very legitimate discussion imacy is the root cause of welfare de- erencing deficit reduction and the na- that we were having here with regard pendency. Children raised in single par- tional debt. to the faulty ruling of the Chair to a ent homes are six times more likely to The PRESIDING OFFICER. The charge that Democrats are trying to be poor than those raised by two par- clerk will report. block consideration of income tax re- ents, and girls raised in single parent The bill clerk read as follows: ductions. Nothing could be further homes are three times more likely to The Senator from New Mexico [Mr. DOMEN- from the truth. have children out of wedlock as well. ICI], for Mr. FAIRCLOTH, proposes an amend- Just repeating irresponsible charges During last year’s welfare reform de- ment numbered 4024. over and over again without providing bate, I advocated several approaches Mr. DOMENICI. Mr. President, I ask aimed at reducing illegitimacy. I sup- any backup proof is nonsense. That has unanimous consent reading of the been an old debating technique for a ported the House efforts to limit the amendment be dispensed with. incentives in our current welfare pro- long, long time. When the facts are not The amendment is as follows: on your side, talk nonsense. gram that, in effect, reward illegit- The PRESIDING OFFICER. Without Mr. President, I want to get back, imacy. I was also very proud that our objection, it is so ordered. welfare reform bill included a provision The amendment is as follows: and I am sure my friend from South that I offered, which would promote At the appropriate place, insert the fol- Carolina wants to get back, to the un- and fund programs to encourage chil- lowing: derlying problem that we have here dren to abstain from sexual activity SEC. . SENSE OF THE SENATE REGARDING RE- that is far more than just one single before marriage. DUCTION OF THE NATIONAL DEBT. independent ruling of the Chair. It is I’ll let the President finish my point S. Con. Res. 57 projects a public debt in going to have far-reaching adverse ef- on illegitimacy. In the statement that Fiscal Year 1997 of $5,400,000,000,000; fects on the U.S. Senate for as long as S. Con. Res. 57 projects that the public we can imagine into the future. accompanied the welfare reform bill debt will be 6,500,000,000,000 in the Fiscal that he sent to Congress in 1994, he said Year 2002 when the budget resolution Instead of addressing that, the Re- ‘‘Preventing teen pregnancy and out- projects a unified budget surplus; publicans come forth with charts. They of-wedlock births is a critical part of This accumulated debt represents a signifi- say we are trying to stop the tax cut. welfare reform.’’ I agree. cant financial burden that will require exces- We are not trying to stop the tax cut. Mr. President, in his radio addresses, sive taxation and lost economic opportunity All we want is the tax cut to be the President has highlighted the for future generations of the United States; brought up in the usual fashion, to be agreement that exists on welfare re- therefore debated in the usual fashion under the It is the sense of the Senate that any com- form and also praised the States for prehensive legislation sent to the President usual procedures. We are trying to ex- work they have done on their own. In that balances the budget by a certain date pose this glaring trick that the Repub- his most recent radio address, the and that is agreed to by the Congress and the licans are trying, by separating their President tried to take credit for inno- President shall also contain a strategy for reconstruction instructions into three

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5426 CONGRESSIONAL RECORD — SENATE May 21, 1996 separate bills. The last one with regard That the House recede from its disagree- adopt it, has earned a share of the credit for to tax cuts would come in September of ment to the amendment of the Senate and this first historic exercise of the reconcili- this year, a couple months before the agree to the same with an amendment as fol- ation power. lows: That was the first time we were able election. Of course, I would be the last In lieu of the matter proposed to be in- to accuse the Republicans of playing serted by the Senate amendment insert the to pass a reconciliation bill, December politics with this —let me be the first. following: 1980—there was not any kind of author- We have just seen some charts pre- That the Congress hereby determines and de- ity for reconciliation back in 1975. sented here. They have done this be- clares, pursuant to section 310(a) of the Con- Let me quote Mr. Henry Bellmon, fore. They set up a straw man on fake gressional Budget Act of 1974, that for the fiscal ranking member at that particular straw and then they tear it down. They year beginning on July 1, 1975— time on the Republican side: just had a list of Senators up there. (1) The appropriate level of total budget out- Mr. President, this truly is a historic occa- They totaled up what those Senators lays is $374,900,000,000; sion. Today we complete for the first time an (2) The appropriate level of total new budget important part of the Budget Act called rec- had proposed and how much it would authority is $408,000,000,000; cost. No one has advocated raising (3) The amount of the deficit in the budget onciliation. taxes by the amount asserted from the which is appropriate in the light of economic Mr. President, you cannot be more Senator from Missouri. It is simply not conditions and all other relevant factors is clear than that. They are using 1975, the case that one can add up all of the $74,100,000,000; the actions taken by the chairman of offsets for amendments that fail. If the (4) The recommended level of Federal revenues the Finance Committee and a spurious Senate chooses not to use an offset in is $300,800,000,000, and the House Committee on Ways and Means and the Senate Committee on ruling at that particular because there one amendment, it is perfectly legiti- Finance shall submit to their respective Houses was no such thing as reconciliation in- mate to try and use the same offset in legislation to decrease Federal revenues by ap- structions. Senator Long put in, as I a second amendment. When we do that, proximately $6,400,000,000; and said, and I read the particular title, a the Republicans set up a straw man— (5) The appropriate level of the public debt is tax bill. It is a separate bill. It is not false numbers, false charges, false as- $622,600,000,000. reconciliation. It is ‘‘a bill (H.R. 5559) sumptions. Once again, setting up a SEC. 2. The Congress hereby determines and to make changes in certain income tax straw man may fool the people of the declares, in the manner provided in section 301(a) of the Congressional Budget Act of 1974, provisions of the Internal Revenue United States temporarily, but not for that for the transition quarter beginning on Code of 1954.’’ That is not a reconcili- long. July 1, 1976— ation bill. I want to correct just one more (1) The appropriate level of total budget out- Now, Mr. President, I am continually thing. I want to correct the record on lays is $101,700,000,000; hearing from my distinguished col- the statistics used by the Senator from (2) The appropriate level of total budget au- league from Texas, and they run him thority is $91,100,000,000; Texas. The share of the economy that out every now and then with the little goes to revenues to fund the Govern- (3) The amount of the deficit in the budget which is appropriate in the light of economic charts, about the biggest tax increase. ment is not at record levels. Let me re- conditions and all other relevant factors is It is all Presidential politics—the big- peat that: The Senator from Texas said $15,700,000,000; gest tax increase, the biggest tax in- that the share of the economy that (4) The recommended level Federal revenues is crease. goes to revenues to fund the Govern- $86,000,000,000; and Mr. President, I ask unanimous con- (5) The appropriate level of the public debt is ment is not at record levels. It was sent again that we include in the higher in 1969. It was higher in 1970. It $641,000,000,000. And the Senate agree to the same. RECORD from the Washington Post an was higher in 1982. Sure, sure, we would Mr. HOLLINGS. Mr. President, a article by Judy Mann back in 1995, Jan- all like to have lower taxes. The ques- uary 1. I ask unanimous consent the ar- tion is, what should come first? What careful reading of this particular budg- et resolution finds no reconciliation in- ticle be printed in its entirety in the should come first, Mr. President? Bal- RECORD. ancing the budget of the United States structions. How can you have reconcili- ation without reconciliation instruc- There being no objection, the mate- or enacting tax cuts that we all would rial was ordered to be printed in the likely vote for once we get a balanced tions? I referred in my original comments RECORD, as follows: budget? [From the Washington Post] I yield 5 minutes to the Senator from to the fact that our distinguished col- league, the chairman of the Finance FIDDLING WITH THE NUMBERS South Carolina. Mr. HOLLINGS. Mr. President, you Committee at the time, Senator Long, (By Judy Mann) can find the first two pages of the wanted it to appear as reconciliation Gov. Christine Todd Whitman, the Repub- budget resolution conference report for because he was trying to limit debate lican meteor from New Jersey, had the un- fiscal year 1976 referred to as the au- and limit amendments. He was prob- usual honor for a first-term governor of ably the cleverest of all Parliamentar- being asked to deliver her party’s response thority for the Parliamentarian’s rule to President Clinton’s State of the Union about reconciliation back in 1975. I ask ians around here. He always stood in the well there: ‘‘Yes, yes, Senator, I message last week. unanimous consent to have it printed And she delivered a whopper of what can will take your amendment.’’ He just in the RECORD. The report dated April most kindly be called a glaring inaccuracy. took all these amendments, went over 21, 1975 was submitted by Mr. Muskie, Sandwiched into her Republican sales there, and you would never see them from the committee of conference. It is pitch was the kind of line that does serious again. I remember it well. only a few pages, but I think it ought political damage: Clinton, she intoned, ‘‘im- But there was, as the record will posed the biggest tax increase in American to be included. show, no reconciliation—he called it history.’’ There being no objection, the mate- and they gave him limited time, but it And millions of Americans sat in front of rial was ordered to be printed in the was not reconciliation. As chairman of their television sets, perhaps believing that RECORD, as follows: the Finance Committee, he was com- Clinton and the Democrat-controlled Con- SECOND CONCURRENT RESOLUTION ON THE plying with a particular bill. Just like gress had done a real number on them. BUDGET, FISCAL YEAR 1976 The trouble is that this poster lady for tax now, under this concurrent resolution Mr. Muskie, from the committee on con- cuts was not letting any facts get in her way. ference, submitted the following conference that we direct the Commerce Com- But don’t hold your breath waiting for the report to accompany H. Con. Res. 466: mittee or the Armed Services Com- talk show hosts to set the record straight. The committee of conference on the dis- mittee or any other committee, and The biggest tax increase in history did not agreeing votes of the two Houses on the they comply. They come up with their occur in the Omnibus Budget Reconciliation amendment of the Senate to the concurrent particular bill. That is not reconcili- Act of 1993. The biggest tax increase in post- resolution ation. World War II history occurred in 1982 under H. Con. Res. 466) revising the congressional As further authority, Mr. President, I President Ronald Reagan. budget for the United States Government for Here is how the two compare, according to the fiscal year 1976, and directing certain refer to the statement made at that Bill Gale, a specialist on tax policy and sen- reconciliation action, having met, after full particular time by myself on December ior fellow at the Brookings Institution. The and free conference, have agreed to rec- 3, 1980. I quote: 1993 act raised taxes for the next five years ommend and do recommend to their respec- Every Senator who signed the conference by a gross total of $268 billion, but with the tive Houses as follows: agreement, and every Senator who votes to expansion of the earned income tax credit to

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5427 more working poor families, the net increase I read here: The biggest tax increase man. Let us haul that one out because comes to $240.4 billion in 1993. The Tax Eq- in history did not occur in the Omnibus that one seems to work pretty well. uity and Fiscal Responsibility Act of 1982, by Budget Reconciliation Act of 1993. The Let us run out the tax bogeyman. Let comparison, increased taxes by a net of $217.5 biggest tax increase in post-World War us run him around the track a few billion over five years. Nominally, then, it is true that the 1993 tax bill was the biggest in II history occurred in 1982 under Presi- times. history. dent Ronald Reagan. Mr. President, let us read the But things don’t work nominally. ‘‘A dol- So I hope they would at least respect RECORD. First of all, the biggest tax in- lar now is worth less than a dollar was back the truth every now and again and quit crease occurred on their watch. They then, so that a tax increase of, say $10 billion referring to the 1993 reconciliation bill controlled the White House. They con- in 1982 would be a tax increase of $15 billion as the ‘‘biggest tax increase.’’ I hap- trolled the U.S. Senate. They passed now,’’ says Gale. In fact, if you adjust for the pened to have voted for it. It is work- the biggest tax increase. Why did they 48 percent change in price level, the 1982 tax ing. It has the deficit cut in half. In do it? Because the deficits were sky- increase becomes a $325.6 billion increase in 1993 dollars. And that makes it the biggest fact, the deficit dropped another $30 rocketing. They were out of control. So tax increase in history by $85 billion. billion since last week. they took action. Moreover, says Gale, the population of the Finally, Mr. President, under this In 1993, the Democrats, when it was country increased, so that, on a per person limited time on April 24, 1991, we put in on our watch—we controlled the White basis, the 1993 tax increase is lower than the a bill—‘‘we’’ being Senator MOYNIHAN House, we controlled the Senate, and one in 1982, and the gross domestic product of New York, Senator Kasten of Wis- we controlled the House—we took ac- increased over the decade, which means that consin, and the Senator from South tion. We can be proud of the action we personal income rose. ‘‘Once you adjust for took because we reduced these deficits. price translation, it’s not the biggest, and Carolina—we put in that bill to cut when you account for population and GDP, it $190 billion in tax cuts for working We have reduced them sharply. Let us gets even smaller.’’ Americans. The distinguished Senator just look at the record. He raises another point that makes this from Texas voted against it. We said, Mr. President, this compares the whole business of tax policy just a bit more let us put Social Security on a pay-as- records of President Clinton, President complex than the heroic tax slashers would you-go basis. It amounted to $190 bil- Bush, and President Reagan. This is have us believe. ‘‘The question is whether lion in tax cuts on working Americans. what has happened to the deficits [the 1993 tax increase] was a good idea or a You can keep running him out with under these three Presidents. These are bad idea, not whether it was the biggest tax the deficits in billions of dollars start- increase. Suppose it was the biggest? I find it his charts, but I am going to run out frustrating that the level of the debate about with his record. He had a chance to ing in 1980. stuff like this as carried on by politicians is vote for it, and he voted against it. Ronald Reagan was elected. The def- generally so low.’’ So spare us this particular off-Broad- icit was about $70 billion a year. Ron- So was it a good idea? ‘‘We needed to re- way act that we have to watch every ald Reagan took office. By the way, it duce the deficit,’’ he says, ‘‘we still need to other day or so—the biggest tax in- was not just Republican control of the reduce the deficit. The bond market re- crease, and working Americans, around White House; the Republicans con- sponded positively. Interest rates fell. There the kitchen table, and who is in the trolled this body as well. They con- may be a longer term benefit in that it shows Congress and the president are capable wagon and who is pulling it. We are in trolled the U.S. Senate, and they had of cutting the deficit even without a bal- the wagon. The Congress is in the effective control of the U.S. House of anced budget amendment.’’ wagon. The people outside are the ones Representatives. Because everyone re- Other long-term benefits, he says, are that pulling it. The President is the one members what budgets passed in 1981, ‘‘more capital is freed up for private invest- that has been cutting the deficit. And in 1982, in 1983, it was boll weevil ment, and ultimately that can result in more thank heavens for President Clinton, Democrats joining with the Republican productive and highly paid workers.’’ the only one in town since President minority in the House, joining with the How bad was the hit for those few who did have to pay more taxes? One tax attorney Johnson that has cut the deficit. Senate majority, the Republican ma- says that his increased taxes were more than I yield the floor. jority in the Senate, and a Republican offset by savings he was able to generate by Mr. EXON. Mr. President, just to add President. refinancing the mortgage on his house at the another fact to the statement made by What happened? Here is the record on lower interest rates we’ve had as a result. the distinguished Senator from South deficits. The deficits exploded. They The 1993 tax increase did include a 4.3-cent- Carolina, that largest tax cut in his- exploded under this theory of supply- a-gallon rise in gasoline tax, which hits the tory that he indicated came in 1982, I side economics. They exploded under middle class. But most of us did not have to believe. Is that what he said? this notion that you can just cut taxes endure an income tax increase. In 1992, the Mr. HOLLINGS. That is correct, tax and not cut spending, and that some- top tax rate was 31 percent of the taxable in- come over $51,900 for single taxpayers and increase. how it is all going to add up. The defi- $86,500 for married couples filing jointly. Two Mr. EXON. I thought it might be in- cits went to over $200 billion a year. new tax brackets were added in 1993: 36 per- teresting to note that the chairman of Then, we see that we had the begin- cent for singles with taxable incomes over the Finance Committee at the time of ning of the Bush administration, and $115,000 and married couples with incomes the real largest tax increase in history, again deficits took off. This time they over $140,000; and 39.6 percent for singles and chairman of the committee of jurisdic- reached $290 billion a year. That is married couples with taxable incomes over tion, the Finance Committee at that what the deficit was when Bill Clinton $250,000. Not exactly your working poor or even time, was Kansas Senator ROBERT came into office. Bill Clinton inherited your average family. DOLE. a $290 billion budget deficit. The rising GOP stars are finding out that I yield 5 minutes to the Senator from Look at the performance based on a when they say or do something stupid or North Dakota. plan that we passed in 1993 without a mendacious, folks notice. The jury ought to Mr. CONRAD. I thank the ranking single Republican vote. Not one. Not be out on Whitman’s performance as gov- member, the Senator from Nebraska. one. The deficit has gone down each ernor until we see the effects of supply side I must say that I was surprised to see and every year. economics on New Jersey. But in her first the Senator from Texas out once again This morning we were told the deficit nationally televised performance as a railing against the Democrats in the for this year will probably come in at spokeswoman for her party, she should have known better than to give the country only last package that we passed, saying less than $130 billion, a dramatic reduc- half the story. In the process, she left a lot that it was just a tax package. It is tion in the budget deficit, in part be- to be desired in one quality Americans are very interesting. cause of economic recovery and in part looking for in politicians: honesty. The Senator from Texas is not talk- because of the plan that we passed in The PRESIDING OFFICER. The Sen- ing much these days about deficits. He 1993. We had the courage to stand up ator’s 5 minutes have expired. is not talking about that much any- and do what needed to be done. Mr. HOLLINGS. Let me ask for 2 more. He is not talking much about Mr. President, more needs to be done. more minutes. debt anymore because we are 6 months It is not going to happen with this kind Mr. EXON. I yield 2 more minutes. away from an election. The Repub- of running out and saying, well, we can Mr. HOLLINGS. I thank the distin- licans are down by double digits in the just cut all the revenue of the Federal guished Senator. polls. And so out comes the tax bogey- Government and somehow it will all

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5428 CONGRESSIONAL RECORD — SENATE May 21, 1996 add up. We tried that before. It failed, Medicare waste, fraud and abuse is ap- which are used from that trust fund for and it failed miserably. Debt, deficits proximately 10 percent and in some purposes of effective enforcement will and decline, that is the direction our areas of the country is estimated to be be for the benefit of the trust fund. friends on the other side, at least some twice that amount. If we could use I urge adoption of this amendment. I of them, seem to be willing to take us. even the more conservative estimate, thank the Chair. I thank my colleague. Mr. President, we should never ever an additional 2 million seniors could be Mr. EXON. Mr. President, I yield 2 go back to that policy of debt, deficits served each year through Medicare just minutes from our time to the Senator and decline. That way lies ruination. by reducing the level of Medicare from South Carolina. I thank the Chair and yield the floor. fraud. POINT OF ORDER Mr. EXON. May I ask a question of Medicare fraud ought to be the first Mr. HOLLINGS. Mr. President, let the Senator from North Dakota. place we look when we are considering me get right to the point of the state- I appreciated the Senator’s factual reductions in the Medicare Program. ment I made back in 1980 when I was remarks, and just to back up what the Fraud undermines public confidence in chairman of the Budget Committee and Senator has said, that is just not a Medicare. It is a very cost-efficient ex- Mr. Giaimo of Connecticut, was chair- Democratic Senator saying that. That penditure. One dollar spent on sup- man on the House side. Before I could is not just a Democratic Senator say- pressing Medicare fraud on average get these records I put in a call to him. ing that based on the facts. The same will return in excess of $10 in reduced He is down in Florida just below Palm thing was said by the Office of Manage- costs. Beach. He verified my memory. Lots of ment and Budget director under Presi- There are a number of solutions, times my memory is pretty good way dent Reagan. His name was David many of which have been contained in back, and very precise, and then I can- Stockman, and he admitted publicly— legislation adopted by this Senate, not remember where I parked the car, and I believe wrote in a book—that it which will allow for a comprehensive so I always like to double check when was a sham all the way through. In assault on Medicare fraud. We have I just speak from memory. He verified fact, he used the words that all of this prescriptions such as using the Medi- that Mr. Bellmon was the ranking period the Senator has just alluded to care Federal hospital insurance trust member on the Senate side, and he and was ‘‘fiscal carnage.’’ And he admitted fund as part of the source of financing, all the records show that the bill was that it was a Republican fiscal carnage. more effective investigations and pros- not a reconciliation bill. There were I just wanted to emphasize that. I am ecutions of Medicare fraud. It is the in- not any reconciliation instructions in just wondering if the Senator had re- tent that those savings derived by that the fiscal ‘76 concurrent resolution on membered that fact. more effective effort be returned to the the budget, and the tax bill offered by Mr. CONRAD. I actually read David trust fund both to reimburse for the ex- Senator Long of Louisiana as the chairman of the Finance Committee Stockman’s book, and he makes very penses that have come out of the trust was not a part of reconciliation. clear that this was a policy they hoped fund for the investigations and pros- I thank the distinguished Senator. somehow would all add up, and it did ecutions and also the return to the AMENDMENT NO. 3986 not. It was a miserable failure that dug trust fund some of the money which a very deep hole for this country. Mr. ABRAHAM addressed the Chair. was pilfered from it by the fraud itself. The PRESIDING OFFICER. The Sen- Mr. President, the facts are very Unfortunately, Mr. President, these ator from Michigan. clear. This is the record. Nobody can efforts to assure that the savings de- Mr. ABRAHAM. I thank the Chair. dispute these numbers. This is what rived by effective programs against I would yield myself 5 minutes to happened. Medicare fraud end up benefiting the speak on and in relation to amendment The PRESIDING OFFICER. The Sen- trust fund for Medicare have been No. 3986 by Senators WELLSTONE and ator’s 5 minutes have expired. under assault. There are proposals, for KERRY. This is an amendment which Mr. CONRAD. I thank the Chair. instance, to divert these funds into new pertains to the violent crime reduction AMENDMENT NO. 4007 Federal spending efforts, efforts that trust fund. It is a sense-of-the-Senate Mr. GRAHAM addressed the Chair. are outside of the Medicare trust fund. amendment. Since the time has not Mr. EXON. Mr. President, I would There are also proposals to use it to fi- been yielded back, I am not in a posi- like to advise the chairman of the com- nance new tax breaks. tion at this point to offer a second-de- mittee we have good news; a Senator As worthy as those other spending ef- gree amendment that I had considered, has arrived in the Chamber to talk forts or additional tax reductions but I anticipate doing that at the ap- about an amendment. The amendment might be, it is not appropriate to use propriate moment. was previously offered but the Senator funds derived from the Medicare trust I do want to speak in relation to this from Florida seeks recognition, and at fund through the efforts to suppress issue though because I think it is a this time I hope we could allot him 5 fraud which it finances for any purpose fairly significant one. The sense-of-the- minutes charged jointly against the other than assuring the solvency of the Senate amendment that has been of- two sides. Medicare trust fund. fered talks in terms of full funding of Mr. GRAHAM addressed the Chair. So the amendment I have filed, which the violent crime reduction trust fund. The PRESIDING OFFICER. The Sen- is amendment No. 4007, essentially es- I think, Mr. President, we should go ator from Florida. tablishes, as do other provisions within further than just put this in the con- Mr. DOMENICI. I have no objection this budget recollection bill, a point of text of a sense of the Senate. Indeed, to the time allocation. order which states, ‘‘It shall not be in my intention is to offer a second-de- Mr. GRAHAM. Mr. President, on Fri- order for the Senate to consider any gree amendment which would accom- day I filed amendment No. 4007, reserv- reconciliation bill, conference report or plish the goal of fully funding the vio- ing the time to discuss that amend- otherwise which would use savings lent crime trust fund by moving mon- ment until today. I wish to use at least achieved through Medicare waste, eys for the years 2001 and 2002 from 5 minutes to review this very terse but fraud and abuse enforcement activities function 600. It is my view that we important amendment. as offsets for purposes other than im- should also stop, the administration This amendment, Mr. President, pro- proving the solvency of the Medicare should be much more up front and vides that any funds which were de- Federal Hospital Insurance Trust much more consistent with regard to rived by the more aggressive attack on Fund.’’ the facts concerning the COPS Pro- Medicare fraud would be returned to So that is the essence of the amend- gram, and I think in addition that we the Medicare trust fund. We are facing ment. It is to provide procedural pro- should take action to minimize the ad- two interrelated challenges. One is tections to assure this Senate, to as- ministrative overhead in relation to combating the rampant level of fraud sure the American people, and espe- the COPS Program. The second-degree which exists within our Medicare pro- cially to assure the over 35 million amendment which I will offer tomor- gram and second is ensuring the sol- Americans who depend upon the Medi- row along with Senator COVERDELL vency of the Medicare trust fund. care trust fund for their hospital pay- would try to accomplish both of these It has been estimated by the General ments, that any funds which are pil- objectives. Specifically, under the cur- Accounting Office that the rate of fered from that trust fund, any funds rent law the violent crime trust fund is

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5429 set to expire in the year 2000, just 4 should be charged on the amendment, But I am anxious and willing and de- years from now. which takes it jointly off of each side’s lighted that there is the support for This amendment that we intend to time. the full funding of the trust fund and offer would provide the funds to keep it Mr. BIDEN. Mr. President, I thank the extension of the trust fund. going to the year 2002. That would the manager. I was going to respond I yield the floor. mean funds for the prison grants; the very, very briefly to the Senator from The PRESIDING OFFICER (Mr. GREAT Program; Violence-Against- Michigan who just spoke about the vio- ABRAHAM). The Senator from Georgia Women Program; violent crime reduc- lent crime trust fund. As the author of is recognized. tion programs for the Justice Depart- that trust fund, I am saying I am de- Mr. COVERDELL. Mr. President, as ment; INS, DEA, FBI; funding for the lighted to see so many Republicans the manager I yield myself 3 minutes immigration initiative and border con- coming aboard now, having voted to support the statement you made, trol programs; Byrne grants, and the against the establishment of that fund. Mr. President, and the amendment to COPS Program. I agree what the House did was out- be offered tomorrow. I appreciate it, We will be offering this amendment rageous and the proposals to cut the understanding the history of this from in due course to the Wellstone amend- violent crime trust fund are equally the Senator from Delaware. My sup- ment because we feel the issue deserves outrageous. I want to point out, I want port for his amendment is based in con- more than just the sense-of-the-Senate to remind everybody how we funded junction with setting of priorities. recognition. We believe the trust fund that. The Senator from Texas, Senator When we passed the crime bill we were needs to be protected. The underlying GRAMM, was a cosponsor of the funding told we were going to put 100,000 police Republican budget already fully funds of that. We cut it by agreeing to do officers on the street. Then, on May 12, the trust fund. We plan to carry it for- what none of the previous Presidents 1996, George Stephanopoulos of the ward through the year 2002. had done, cut the Federal work force White House claimed under this COPS In terms of the offset, it is our belief by 272,000 people: No new taxes. No new Program it would not be 100,000 police to fund this there would be cor- taxes. We funded it for 6 years. officers, it would be 43,000 police offi- responding reductions to function 600 Now I welcome the support for the cers. And then on Thursday, May 16 in the budget. For those Members who trust fund and the recognition of the —that is just several days ago—the At- might argue we should not be reducing need for it, the recognition it may torney General, Janet Reno, stated, this function below what was reported make sense to extend it beyond the 6 ‘‘What I am advised is there are 17,000 by the Senate Budget Committee, I years for which we authorized it. The officers that can be identified as being point out that the Republican budget fact of the matter is, when I introduced on the streets,’’ as a result of the COPS includes significantly more funding that legislation and it was passed with Program. So, from 100,000 to 43,000 now under function 600 in the years 2001 and six Republican votes—excuse my ref- we are down to 17,000 officers. 2002 than the President’s budget that erence to partisanship here, but I find I think it is appropriate that if it is we voted on last week. everybody is cutting the COPS pro- less than 20 percent of what is prom- Specifically, over those 2 years the gram, they come and cut the preven- ised we ought to adjust the appropria- Republican budget currently exceeds tion programs, there are fights on the tion for that program, which is of the President’s budget in the following floor here under the Republican leader- course what your amendment does, Mr. areas: Low-income housing, $4.26 bil- ship to cut the violence-against-women President. lion more; refugee and entrant assist- legislation—now I have Republican In reviewing the COPS officials ef- ance, $189 million more; child care and leadership talking about not only lik- forts in their expenditures, I find they development block grants, $330 million, ing the trust fund but wanting to ex- rented a 10-floor, 51,000 square foot of- the WIC program, over $1 billion more, tend it another 2 years. I think that is fice building to administer the pro- and the Commodity Assistance Pro- a very worthwhile thing to do. gram at a cost of $1.5 million a year. I gram, $66 million more. I hope, if there is a genuine intent to would rather reinforce the priorities In other words, even after the amend- do that, we will first make sure you all that were just enumerated by the Sen- ment we would plan to bring tomorrow sign on and we are not going to cut the ator from Delaware than this typical is adopted, the Republican budget will trust fund now. We did not fully fund Washington bureaucracy. still provide more funding for these the crime bill trust fund, which is now They have five full-time Washington programs within the 600 function than the crime law trust fund, last year to public relations specialists. What are the budget that the President has of- the extent that there was money in the they there for? Do we need public rela- fered. At the same time, it would give trust fund in 1996. The House did not tions specialists to deal with putting us the ability to fully fund the violent fully fund the trust fund this year. We cops on the street? The answer is no. crime trust fund. did not and are not fully funding it. In the 1995 budget, this program So at this point I conclude my re- The money is there. We are not spend- spent $10 million on administrative marks in that I must become the Pre- ing any money that had not had the costs alone, funding 130 positions. siding Officer here. I will be yielding nickel dropped in the box. You take a Meanwhile the administration reduced time to the Senator from Georgia so worker’s paycheck who no longer by 100 positions the drug czar’s office that he might make further comment works for the Federal Government and and only recently has indicated that on this. At this point I call upon him. you put it in the box and you hire a would be repaired. Mr. EXON addressed the chair. cop, you build a prison cell, you go out For fiscal year 1996 this program pro- The PRESIDING OFFICER. The Sen- and deal with a serious prevention pro- posed to double—double the number of ator from Nebraska. gram like the drug courts, you go out administrative officers to 310 positions. Mr. EXON. Mr. President, may I ask and make sure you build more boys Management and administration would how much time the Senator from Geor- clubs and girls clubs. reach over $29 million by fiscal year gia will need? We have had several So, I hope we are all singing from the 1997, under the President’s proposal. speakers. We generally go back and same page here and that is that, A, by So, what we have here is a program forth. How much time does the Senator definition, the crime bill must be pret- that was much touted that would put wish? ty good if we are extending the trust 100,000 cops on the street; Then we said Mr. ABRAHAM. If the Senator from fund; B, if we are going to extend the no, it is only 43,000, but the Justice De- Delaware would like to go ahead, I trust fund another 2 years we should partment verified that less than 20 per- think actually the Senator from Geor- spend all that is in the trust fund for cent, only 17 percent of that program gia will take over this seat so he can its stated purposes; and, C, I hope we has been fulfilled. The reason is, it is take it upon himself. are not going to decide we are going to bait and switch. It gets the community Mr. EXON. With that understanding, keep kids out of crime, and trouble, into the program but then after 3 years I am pleased to yield 3 minutes at this and the drug stream by taking away the community is stuck with the bill. time to the Senator from Delaware. I the WIC program or taking away other In the meantime, the administrative believe under the rules he will be talk- programs to fund the COPS. There are support of the program has it as if we ing on an amendment, so the time better ways to do it. had the whole shebang out on the

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5430 CONGRESSIONAL RECORD — SENATE May 21, 1996 street. So it is time to scale back these Mr. COVERDELL. Will the Senator reference.’’ Senator Muskie said, ‘‘That administrative positions, this 10-story yield? is what Senator Long called it.’’ He building, this 51,000 square feet, and get Mr. BIDEN. I will be happy to. said, ‘‘Just by calling it that, does it the administration down to the level Mr. COVERDELL. I do not want to make it a reconciliation bill?’’ commensurate with the actual product get into extended debate. I was going to read the exact quote, that this program has produced. Mr. BIDEN. I would love to. but I think the full RECORD should be I yield the floor. Mr. COVERDELL. I do want to read included here at this point with respect Mr. BIDEN. Mr. President, I ask the quote: to that special act in 1975. It is used as unanimous consent—and I will not do Next week, 43,000 of the 100,000 cops will be the authority that was a reconciliation this again to my friend—that I have 3 on the street. bill. It responded to the second concur- more minutes. That is the quote. rent resolution. Mr. EXON. I yield 3 minutes to the Mr. BIDEN. Mr. President, in re- You read that RECORD. Mr. Muskie Senator from Delaware. sponse, that is Mr. Stephanopoulos, came on the floor at that particular Mr. BIDEN. My friend from Georgia who knows about one-fiftieth of this as time. He was catching up with what has his facts wrong, with all due re- I do. He is not the Attorney General; he Chairman Long of Finance was doing spect. What the administration said is not anyone. He makes mistakes on and was trying to justify it. But the was, we have already funded, of the occasion. What he meant to say, I am truth of the matter is, the RECORD will 100,000 cops, 43,000 to date. When the sure, is 43,000 funded and being re- clearly show that the tax bill was only Republicans were telling us we would cruited, being hired. You get recruited in response to the second concurrent not get 20,000, remember Charlton and hired before you go into training. budget resolution and not any rec- Heston, ‘‘Moses,’’ was on TV saying onciliation instructions. That was this is only 20,000 cops from the entire You are not on the street yet. The PRESIDING OFFICER. The time brought out by Senator Hartke. The 6 years of the program. exact discourse will be included in the We have already funded—who being of the Senator from Delaware has ex- pired. RECORD. I had it here. recruited, being hired and being Mr. President, I ask unanimous con- trained—43,000 cops already. Already. Mr. BIDEN. I thank the Chair. The PRESIDING OFFICER. Who sent that it be printed in the RECORD. And because of the Biden crime bill, There being no objection, the mate- yields time? there are 17,000 of these 43,000 cops on rial was ordered to be printed in the Mr. COVERDELL. Mr. President, I the streets as we speak, with the re- RECORD, as follows: suggest the absence of a quorum. maining 26,000 having been funded and [From the Congressional Record, Dec. 15, in the process of being recruited, hired The PRESIDING OFFICER. The clerk will call the roll. 1975] and trained. Mr. MUSKIE. Mr. President, I think this Now, in terms of administrative The assistant legislative clerk pro- ceeded to call the roll. might be a good point, with somewhat of a costs, I challenge any of my Repub- lag in floor discussion, to discuss the pending lican friends to pick up the phone and Mr. DOMENICI. Mr. President, I ask legislation, as chairman of the Budget Com- call any one of their local police agen- unanimous consent that the order for mittee. I shall speak briefly of the relation- cies and ask them about the bureau- the quorum call be rescinded. ship of the tax reductions contained in H.R. cratic morass in cost. We insisted this The PRESIDING OFFICER. Without 5559 and the requirements of the congres- get down to a one-page application. All objection, it is so ordered. sional budget process. the cops need do is send in a one-page Mr. DOMENICI. Mr. President, I sug- The second concurrent budget resolution for fiscal year 1976, which is now binding application. It has been the most stun- gest the absence of a quorum and ask that it be charged equally. upon Congress, provides for extension of the ningly successful nonbureaucratic pro- temporary antirecession tax cuts of 1975 at a gram that has been around in the last The PRESIDING OFFICER. Without level which will maintain current tax with- 20 years. objection, it is so ordered. The clerk holding rates until the end of June 1976. The No. 2, cost, administrative costs, 10- will call the roll. resolution mandated the Finance and Ways story building, whatever that was The assistant legislative clerk pro- and Means Committees to report such legis- about. The 100,000 cops has administra- ceeded to call the roll. lation—specifically, legislation which would tive costs of just over 1 percent, just Mr. HOLLINGS. Mr. President, I ask decrease fiscal year 1976 revenues by approxi- over 1 percent administrative cost for unanimous consent that the order for mately $6.4 billion less than what they would the quorum call be rescinded. be under existing law. H.R. 5559 meets this putting 100,000 cops on the street over standard. the duration of the bill, which takes 6 The PRESIDING OFFICER. Without Extension through June 30, 1976, of the years. objection, it is so ordered. temporary lower withholding rates estab- My Republican friends have come Mr. EXON. I yield 3 minutes to the lished last spring will allow adequate time along with this brilliant idea of a block Senator from South Carolina. for Congress carefully to develop budget tar- grant. You know what they factor in Mr. HOLLINGS. Mr. President, refer- gets for fiscal year 1977 including an overall for the block grant? Three percent ring again to the RECORD made back in spending ceiling and revenue floor. These overhead. The 100,000 cops program is 1975. The Parliamentarian points out targets will be established in the first con- one-third or one-half below what the the fact that Senator Muskie called it current resolution to be adopted by Congress next May. This schedule will allow Congress Republican proposal calls for in the the reconciliation bill in that 1975 dis- to establish reasoned and accurate fiscal block grant proposal. It is actually less course. The truth of the matter is Sen- year 1977 spending and revenue decisions at than the block grant. This is, with all ator Hartke raised that point. the first available opportunity under the new due respect, poppycock. Mr. President, I suggest the absence congressional budget discipline. If Congress Folks, nobody thought a year after of a quorum while I search for the par- determines at that time to further extend or this program was underway we would ticular quote. alter the original 1975 tax reductions, legisla- have it going, the administration—any The PRESIDING OFFICER. The tion to implement that decision can be en- administration—would have it going as clerk will call the roll. acted before the June 30, 1976, expiration date. well as it is: 17,000 cops making arrests The assistant legislative clerk pro- I would also like to take this opportunity as we speak because of Federal funding ceeded to call the roll. to praise the Finance Committee, and par- for cops that did not exist a year and a Mr. HOLLINGS. Mr. President, I ask ticularly its chairman, the distinguished half ago; at total of 43,000 funded being unanimous consent that the order for Senator from Louisiana, Senator LONG, for recruited, being hired and being the quorum call be rescinded. so closely integrating the vital work of the trained as a consequence of the crime The PRESIDING OFFICER. Without Finance Committee into the framework of bill right now. Right now. We have not objection, it is so ordered. the new congressional budget process. Deci- gotten to 100,000 yet. No one said that. Mr. HOLLINGS. I just reviewed the sions affecting Government revenue levels particular statement by Senator are vital both to eliminating future budget It was always said it would take the deficits and to maintaining the momentum duration of time to get to the full Muskie back in 1975. As I alluded in my toward economic recovery. Thus, the close 100,000. original remarks, Senator Hartke of coordination of the tax writing committees The last thing, in 3 years they are Indiana said, ‘‘Where do you get that with the budget process is essential if the going to have to pay their own way— this is a reconciliation bill? There is no process is to be successful.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5431 The fact that H.R. 5559, as reported by the along that would. In that case, this bill, The assistant legislative clerk read Finance Committee, meets the reconcili- being extraneous to that, could be held to be as follows: ation instruction in the second concurrent out of order. But I think that is a semantic The Senator from Nebraska [Mr. EXON] for budget resolution is proof of the commit- discussion. We do not mandate the words. All Mr. ROTH, for himself and Mr. EXON, proposes ment of the Finance Committee to the suc- we do is mandate the action. an amendment numbered 4025. cessful working of the new budget process. When I say ‘‘we,’’ I am talking about Con- Since H.R. 5559 constitutes the first so- gress as a whole. Mr. EXON. Mr. President, I ask unan- called reconciliation bill required to be re- Mr. HARTKE. In other words, the chairman imous consent that further reading of ported in the Senate under the Budget Act, of the Committee on the Budget has made an the amendment be dispensed with. I would also like to explain very briefly how assumption that this is a reconciliation bill. The PRESIDING OFFICER. Without reconciliation bills fit into the overall budg- Mr. MUSKIE. No, may I say, the chairman objection, it is so ordered. et process. of the Committee on Finance has told me it The amendment is as follows: In recent months, I periodically informed is a reconciliation bill. the Senate as to the consistency of various Mr. HARTKE. The chairman of the Finance At the appropriate place insert the fol- bills with the budget targets established by Committee can make a statement, but that lowing: the first concurrent resolution last spring. does not make it the situation. The Com- SEC. . SENSE OF THE SENATE REGARDING THE Subsequently, the second concurrent budget mittee on Finance has not acted upon this FUNDING OF AMTRAK. resolution has just been adopted which es- being a reconciliation bill. There is no record (a) FINDINGS.—The Senate finds that— tablishes binding overall revenue, spending, of its being a reconciliation bill; there is no (1) a capital funding stream is essential to and debt figures for fiscal year 1976. mention of it in the report as being a rec- the ability of the National Rail Passenger The Budget Act provides a special proce- onciliation bill. Therefore, I think a point of Corporation (‘‘Amtrak’’) to reduce its de- dure to insure rapid enactment of legislation order would not be well taken in regard to pendence on Federal operating support; and to bring current congressional legislative any amendment, because it is not a rec- (2) Amtrak needs a secure source of financ- programs into line with the figures estab- onciliation bill. This is a tax reduction bill. ing, no less favorable than provided to other lished in the second concurrent resolution. I can see where the Senator may assume, modes of transportation, for capital im- This legislation—which can affect spending but it is an assumption which is not based on provements. authority, budget authority, revenues, or the a fact. (b) SENSE OF THE SENATE.—It is the sense public debt limit—is known as a reconcili- Mr. MUSKIE. May I make my point as sim- of the Senate that— ation bill. After enactment of the reconcili- ply as possible? The second resolution does (1) revenues attributable to one-half cent ation legislation, the focus of the budget not permit tax reductions beyond $6.4 bil- per gallon of the excise taxes imposed on process will shift to insuring that subsequent lion. If the Senator chooses to say that the gasoline, special motor fuel, and diesel fuel legislation does not breach the second reso- proposed tax reduction does not come in a from the Mass Transit Account should be lution figures. legislative vehicle that could properly be de- dedicated to a new Intercity Passenger Rail The Budget Act provides that legislation scribed as a reconciliation bill, still, in my Trust Fund during the period January 1, subsequent to a reconciliation bill will be judgment, he cannot escape the point that if 1997, through September 30, 2001; subject to a point of order if it causes either it is not that, it is, nevertheless, out of order (2) revenues would not be deposited in the expenditures to exceed the relevant spending if it exceeds $6.4 billion. Intercity Passenger Rail Trust Fund during ceilings or revenues to fall below the revenue I really do not know why the Senator is any fiscal year to the extent that the deposit floor established in the second concurrent chasing his own tail. is estimated to result in available revenues resolution. Mr. HARTKE. I am not chasing my tail. I in the Mass Transit Account being insuffi- With respect to reconciliation bills affect- will point out, very simply, that in my judg- cient to satisfy that year’s estimated appro- ing either spending or revenues, the Budget ment, this is a case where two Senators have priation levels; Act requires they fully carry out the rec- gotten together and agreed that this is rec- (3) monies in the Intercity Passenger Rail onciliation instructions given in the second onciliation bill and there is nothing in the Trust Fund should be generally available to concurrent resolution. The act further pro- record to show that it is a reconciliation bill. fund, on a reimbursement basis, capital ex- vides that no amendment not germane to the Mr. MUSKIE. May I say to the Senator, I penditures incurred by Amtrak; and provisions of that reconciliation bill is in have never discussed this with Senator LONG. (4) amounts to fund capital expenditures order. If the Senator says I have gotten together related to rail operations should be set aside Therefore, in the case of the present second with him, the only way in which we have for each State that has not had Amtrak serv- resolution requirement that fiscal year 1976 gotten together is that the second concur- ice in such State for the preceding year. revenues be reduced by approximately $6.4 rent resolution mandates a tax reduction of billion, amendments to the reconciliation Mr. ROTH. Mr. President, I rise to $6.4 billion and the chairman of the Com- offer a sense-of-the-Senate regarding bill which would further reduce revenues mittee on Finance has reported a bill which more than $6.4 billion or raise revenues reduces revenues approximately $6.4 billion. funding for Amtrak. My amendment above the $300.8 billion set as the appropriate In that open and nonconspiratorial way have has a very simple and important pur- revenue floor for fiscal year 1976 would be the Committee on Finance and the Com- pose. It states that Congress should es- out of order. mittee on the Budget ‘‘gotten together,’’ in tablish a secure source of financing, no The Budget Committee looks forward to the words of the Senator. less favorable than that provided to working with the Finance Committee in en- Mr. HARTKE. Let us avoid any conspiracy, other transportation modes, for capital forcing the revenue floor and spending ceil- but the fact is that I think there are not ings after this legislation is adopted. improvements to intercity passenger very many, if any, Senators on this floor rail. May I make the point that this is the point that had the idea that this bill would not be at which we move beyond persuasion, which subject to amendment, other than the fact Recognizing Amtrak’s severe needs has worked very effectively and to my satis- that there was a unanimous-consent agree- for capital investment, I have intro- faction, up to this point, to the discipline of ment, which is an entirely different propo- duced a bill, S. 1395, that would give a point of order. sition. The germaneness rule only comes Amtrak a dedicated source of funding. Mr. HARTKE. Mr. President, will the Sen- into effect if this is a reconciliation bill. This legislation has already been ap- ator yield? Mr. MUSKIE. Why does the Senator not test Mr. MUSKIE. Yes, I yield to my good friend. proved by both the Senate Finance the point? He is not going to persuade me of Committee and the Senate Commerce Mr. HARTKE. How does this bill, which is it. the pending business, become a reconcili- Committee. The legislation creates a ation bill without being designated a rec- Mr. HOLLINGS. I yield the floor. new intercity passenger rail trust fund onciliation bill? The PRESIDING OFFICER. Who which would be funded by transferring Mr. MUSKIE. I think that when we see an yields time? revenues from the one-half cent excise apple that looks like an apple, we call it an Mr. EXON addressed the Chair. tax that is currently going into the apple. The PRESIDING OFFICER. The Sen- mass transit account. If this legisla- Mr. HARTKE. How can we say this bill is the ator from Nebraska. specific reconciliation bill? tion is enacted, Amtrak would be able Mr. MUSKIE. If it is not that, then it is out AMENDMENT NO. 4025 to use $2.8 billion over 5 years for cap- of order, as to cutting revenues. (Purpose: To express the sense of the Senate ital improvements, and States that do In the first place, I understand the man- regarding the funding of Amtrak) not have Amtrak service would be able ager of the bill has described it as a rec- Mr. EXON. On behalf of Senator to fund capital expenditures related to onciliation bill. But beyond that, the only ROTH, with myself as a cosponsor, I rail operations. revenue cut that is permitted under the sec- ond concurrent resolution is a cut of $6.4 bil- send an amendment to the desk and Some of my colleagues have argued lion. If this bill is not the instrument for ask that it be considered. that taking one-half cent from the achieving that cut, the assumption would The PRESIDING OFFICER. The mass transit account would hurt the have to be, I guess, that a bill is coming clerk will report. viability of this account. I would like

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5432 CONGRESSIONAL RECORD — SENATE May 21, 1996 to clarify that the establishment of the schedule, I ride the train almost daily that Amtrak is not the same as your intercity passenger rail trust fund between Wilmington and Washington. local mass transit system. Both may would not have an adverse impact on Without Amtrak, I would not be able carry significant numbers of pas- mass transit or any other modes of to live in Wilmington and work in sengers when compared to the private transportation. There is currently a Washington. automobile, but the similarities end large unspent balance in the mass tran- Here in the Northeast, Amtrak is the there and the differences begin. Local sit account, totaling about $10 billion. dominant public carrier, with more mass transit carries the working poor, My legislation would only cost $2.8 bil- than 10 million riders a year. Between disabled and the elderly to jobs, to lion over five. To ensure that the mass Washington and New York it takes local clothing and grocery stores, to transit account would not be adversely care of 43 percent of the combined air/ medical services, and other amenities affected by transferring the one-half rail passenger market. The need for of the local community. These are peo- cent, the bill provides that Amtrak rail service is also growing in other ple who do not have access to other would be prevented from receiving any parts of America. For example, Amtrak modes of transportation and are highly funds from the rail trust fund if the service between San Diego and Los An- dependent on the local mass transit balance in the mass transit account is geles serves two million people. Routes system. Mass transit carries more peo- insufficient to cover transit spending also are growing between New York ple in 1 day than Amtrak carries in 1 for the current and following fiscal and Boston; Chicago, Milwaukee, St. year. years. Current projections indicate Louis, and Detroit; and between Port- Let me also remind my colleagues that this would not occur over the 5- land and Seattle. In fact, many of our that 60 percent of the cuts made in the year life of the rail trust fund. rural communities are almost com- fiscal year 1996 transportation appro- Mr. Chairman, we are all working to- pletely dependent on Amtrak for their priations came from mass transit. ward an Amtrak which operates with- transportation needs. Amtrak, on the other hand, has a out a Federal operating subsidy, which As someone concerned not only about very different ridership. A study states provides quality service, and which is the environment, but about traffic con- that ‘‘travel on Amtrak by persons financially stable. Amtrak now covers gestion, especially in the Northeast, with incomes above $40,000 is 3.5 times approximately 80 percent of its oper- where we lack the lands and resources higher than intercity buses and nearly ating costs with self-generated rev- for new roads, I am a proponent of Am- 1.5 times higher than airlines.’’ This is enue, up from just 48 percent in 1981. trak. not the working poor trying to get to Yet we also know that no intercity rail Simply put, Amtrak is safe, fuel effi- their job, or the elderly to medical passenger service anywhere in the cient, speedy and the best transpor- care. It is all well and good to buy new world operates without some degree of tation alternative for millions of scenic cruisers and build train stations public sector financial support. Americans. It’s $2.2 billion budget di- in New York, but not at the expense of Mr. Chairman, if Amtrak is to stay rectly generates some 25,000 jobs na- getting people to their jobs, or to the alive and become economically tionwide, and more than than 33 mil- doctor. healthy, there is no doubt that it will lion Americans across the country Mr. President, on May 6 the White need the labor and management re- commute to work on Amtrak-operated House issued a statement of adminis- forms contained in the Amtrak author- systems throughout the country. I am tration policy on S. 1318, which reau- ization bill which I know Senators grateful for the service Amtrak pro- thorized Amtrak. I as unanimous con- LOTT and PRESSLER and other Members vides me and the thousands of men and sent that that statement be entered hope to see enacted this year. Amtrak women who depend every day on Am- into the RECORD after my remarks. It will need to continue to do its own in- trak. is clear from that statement that the ternal restructuring. It will also need a If Congress hopes to privatize Am- administration has deep concerns dedicated trust fund to support capital trak in the next 5 years, and if we sup- about changing Amtrak’s funding. In needs in the same way we provide cap- port continued intercity passenger rail that statement the Office of Manage- ital for highways and airports. service—service that is vital to both ment and Budget ‘‘strongly opposes’’ Investment in all modes of transpor- rural and urban areas—we must vote providing Amtrak appropriated funds tation is important, but we have gone for a dedicated trust fund for Amtrak. about it in a lop-sided way. Purchasing Mr. President, thank you and I yield on an accelerated basis, fearing that power for Federal highway programs the floor. this ‘‘would unnecessarily increase has increased by 48 percent from 1982 to Mr. GRASSLEY. Mr. President, I rise Federal borrowing costs.’’ They also 1996. It has increased 78 percent for in opposition to this sense-of-the-Sen- oppose ‘‘subordinating the Federal in- aviation, but has decreased 46 percent ate resolution offered by the Senator terest as a creditor in the event of a de- for passenger rail. In fact, Amtrak cur- from Delaware that would allow Am- fault under the section 511 loan pro- rently receives less than 3 percent of trak to invade the highway trust fund gram’’ and the proposed Federal guar- all Federal transportation spending. To for its financial wants. antee of new borrowing authority for attain balance, we must balance our fi- Under this plan, Amtrak would di- Amtrak authorized in this legislation. nancial support to all transportation vert one-half cent per gallon of the I have to ask my friend from Dela- components, including passenger rail highway automobile fuel tax, from the ware if he intends to create a new tax service. mass transit account of the highway to subsidize Amtrak as a follow-up to As I have stated before, a secure trust fund, and into a new trust fund his sense-of-the-Senate resolution? source of capital funding is necessary designed to benefit Amtrak trains. By I ask this because my reading of the for Amtrak’s future economic health. voting for this resolution, Senators amendment is that revenues taken New capital investments will allow would vote to classify much of this en- from the highway trust fund and re- Amtrak to operate more efficiently. tirely new spending from this new routed to Amtrak shall be re-routed be- With new equipment, Amtrak will at- trust fund as direct spending under the tween the period of January 1, 1997, tract substantial new ridership—bring- Budget Enforcement Act. Thus, this through September 30, 2001. ing with it increased revenues and al- sense-of-the-Senate resolution resolves However, my reading of the Tax Code lowing Amtrak to eliminate its de- the Senate to both plunder the high- (§ 9503, 1996 Cumulative Annual Pocket pendence on Federal operating sub- way trust fund and create a new enti- Part, West Publishing Company, 1996.) sidies. It currently costs Amtrak $60 tlement. Now is not the time to create tells me that the fuel tax for the high- million per year to operate and main- new entitlements; now is the time to way trust fund expires on September tain its old equipment, which fre- show our sincerity in balancing the 30, 1999. Thus, under current law there quently breaks down and often requires Federal budget. will be no revenues for 2 full years of parts to be specially made. Mr. President, Senators should vote this subsidy, if this subsidy were law. As a Senator living along the North- against this Amtrak resolution because Indeed, under current law, the only east corridor, I cannot stress how im- it steals much needed capitol funds automobile fuel tax that will survive portant it is that we have intercity rail from our country’s mass transit sys- after September 30, 1999, is President service. Depending on the Senate tems. And let me remind my colleagues Clinton’s 1993 4.3-cent-per-gallon fuel

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5433 tax increase for the general fund that In summary, Mr. President, a vote in Mr. EXON. I thank the Chair. I yield so many of my colleagues in the Senate favor of this Amtrak sense of the Sen- the floor. oppose. ate is a vote against highways and How much time would the Senator Therefore, I again would like to ask against automobile drivers. It is a vote from Washington like? my friend from Delaware if he intends in favor of corporate welfare and Mrs. MURRAY. Two minutes. to increase highway taxes in the fu- against Medicare and Medicaid bene- Mr. EXON. I yield 2 minutes to the ture, and is this the first step toward ficiaries. Indeed, this sense-of-the-Sen- Senator from Washington. Is this on an that tax increase? ate resolution for Amtrak is a vote amendment or another subject? If Amtrak needs the Senate to sus- against a balanced budget. Mrs. MURRAY. On an amendment. tain or increase a tax, then I especially I encourage all of my colleagues to Mr. EXON. On an amendment the urge all of my colleagues who oppose join me in voting ‘‘no’’ on this resolu- time would be equally divided. I yield tax increases to consistently oppose tion to bail out Amtrak by invading the Senator from Washington 2 min- this Amtrak sense of the Senate be- the automobile driver’s highway trust utes. The PRESIDING OFFICER. The Sen- cause, like all other tax increases, it fund and creating new spending. ator from Washington. will hit the pocketbooks of taxpaying Mr. President, I ask unanimous con- Mrs. MURRAY. Thank you, Mr. Americans. sent that a statement of administra- President. Senators should vote against this tion policy be printed in the RECORD. Amtrak train invasion of the highway Let me just take this opportunity to There being no objection, the state- also thank the ranking member of our trust fund because this proposed new ment was ordered to be printed in the Budget Committee, Senator EXON, for Amtrak trust fund contradicts any ef- RECORD, as follows: forts to balance the budget. Senate bill the excellent job he has done over the No. 1395 outlines the plan for the new STATEMENT OF ADMINISTRATION POLICY past several days managing the budget Amtrak trust fund. That bill legislates S. 1318—AMTRAK AND LOCAL RAIL and being a spokesperson for all of us. direct spending from the highway trust REVITALIZATION ACT AMENDMENT NO. 3991 fund, through the new Amtrak trust The Administration agrees with the thrust Mrs. MURRAY. Mr. President, I rise fund, and into Amtrak. I believe that of S. 1318, to enable Amtrak to respond to today to remind all of my colleagues consumer needs and market realities and to that one of the most important amend- Congress should not now be creating a free itself from Federal subsidies. Although new and special entitlement for Am- ments that we are considering tomor- S. 1318 includes many provisions to that end, row is the Kerry-Murray amendment trak while at the same time we are re- some of its provisions could impede achieve- ducing the growth of other more im- ment of these objectives or impose other un- that adds $56 billion to function 500. portant entitlements that affect many necessary burdens. That is the function in the budget that more Americans. We in the Senate are The Administration is generally opposed to covers education and the investment in in an historic and difficult process of the imposition of arbitrary caps on punitive our young people. offering this Nation a balanced budget. damage amounts, and would strongly oppose I wanted to rise today to ask unani- the inclusion of any provision in S. 1318 im- If this budget succeeds, it will be the mous consent to have printed in the posing such caps. RECORD articles from the Seattle PI first balanced budget enacted since The Administration also strongly opposes 1969. While attempting to achieve a that did a survey that shows the No. 1 the requirement that appropriated funds be issue in my home State is education. I balanced budget plan for fiscal 1996, provided to Amtrak on an accelerated basis. many in Congress have already made This requirement, which is not necessary to believe this is replicated around the painful sacrifices. The budget resolu- support Amtrak’s operations, would shift country. In fact, USA Today had a poll tion for 1997 requires that many of us $659 million of Federal outlays to FY 1996 recently that said this is the No. 1 repeat those same sacrifices. Given the that would occur, under current law, in FY issue to voters. 1997 and FY 1998. This would unnecessarily There being no objection, the mate- choice, Mr. President, many of us increase Federal borrowing costs. rial was ordered to be printed in the might rather spend the necessary rev- In addition, the Administration strongly RECORD, as follows: enue offsets to increase funding for opposes Senate passage of S. 1318 unless it is [From the Seattle Post-Intelligencer, May Medicare or Medicaid or for the protec- amended to: 20, 1996] tion of the environment. Therefore, it Delete the provisions for a permanent au- DAILY WORRIES CONCERN VOTERS MOST, POLL is inappropriate that Congress would at thorization of appropriations for the Local SAYS this same time create a new entitle- Rail Freight Assistance Program (LRFAP), SCHOOLS, JOBS OVERSHADOW OTHER ISSUES ment for Amtrak. and modifications to the section 511 loan Mr. President, this Amtrak resolu- program. The President did not request, and (By Neil Modie) Congress did not provide, any appropriations tion further cuts against a balanced Meat-and-potatoes concerns—taxes, jobs for LRFAP for the current fiscal year. The and the economy—loom large in the minds of budget because it is new spending. As rail freight industry has clearly established Washington voters as they look toward this the second most senior Republican its ability to operate without Federal sub- fall’s elections. As a single issue, however, Member of the Senate Budget Com- sidies or loans. Any future decisions to sub- education tops them all. mittee, I am here to remind everyone sidize the rail freight industry should be A new poll, the Mood of Washington, shows that the highway trust funds are on the made by local State governments in the con- the electorate cares far less about the hot- budget. Though there is a separate ac- text of their overall transportation planning, potato issues—abortion, gun control, gay count for the highway trust funds, not by the Federal Government. rights—that apparently heat up political Delete the provision which would subordi- party caucuses, TV screens and news pages there is no separate book. Any new and nate the Federal interest as a creditor in the more than they do the voting booths. additional spending for Amtrak is to event of a default under the section 511 loan Most voters polled said they feel less safe feed yet another hungry mouth, and program. Such provisions increase the risk, than they did four years ago. They think the yet another break in our fiscal dam. and therefore the ‘‘subsidy rate,’’ of loans public school system is declining and feel Therefore, in our budget balancing ef- guaranteed under this program, thereby re- they must struggle harder to maintain their forts, funding Amtrak from an existing ducing the number of loans which could be standards of living. source still requires that the Senate ei- made with the resources available. When family and pocketbook issues pre- Mr. EXON. Mr. President, just brief- occupy people, they show little interest in ther raise someone else’s taxes, or cut the hot-button topics, observed Bruce someone else’s spending without a ly, what this amendment is is a propo- Pinkleton, a public opinion researcher at thorough review. I am against both. I sition that we have been talking about Washington State University. want to balance the budget. for a long time, to provide some fund- ‘‘When people are concerned about job se- Additionally, I will say that though ing, badly needed funding, for the Am- curity and other, related issues, then some of this sense-of-the-Senate resolution re- trak system. The amendment speaks the other (more emotional) issues become gards a revenue bill, the Senate Com- for itself. I simply ask for the yeas and less central to their decision making,’’ said mittee on Finance has held no hearings nays on the amendment. Pinkleton; who conducted the poll along with Joey Reagan, a fellow researcher who on the underlying bill, nor has it held The PRESIDING OFFICER. Is there a also works at WSU. a general hearing on the Amtrak sufficient second? There is a sufficient Surveyors polled 556 of the state’s reg- train’s invasion of the automobile driv- second. istered voters between April 24–30 in a col- er’s highway trust fund moneys. The yeas and nays were ordered. laborative project by The Associated Press

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5434 CONGRESSIONAL RECORD — SENATE May 21, 1996 and 12 state newspapers, including the Post- only 43 percent did. But 53 percent said they vote last year. ‘‘I work overtime, and that Intelligencer, the Olympian, the Tacoma trust state government to ‘‘side with the helps, but the more you make, the more they News Tribune, the Herald in Everett and the public interest’’ in deciding between public take out in taxes.’’ Sun in Bremerton. interest and special interests. HEALTH AND WELFARE Worry about the state of public schools is The poll showed plenty of worry across a Asked whether they agreed that limits widespread. Nearly six in 10 voters polled be- range of social ills. should be imposed on the length of time wel- lieve public education is worse than it was Asked whether they agreed with the broad fare recipients can receive state assistance four years ago. And a slightly higher number statement that ‘‘deteriorating social values more than eight voters in 10 said they did. agreed that the education in Washington is are responsible for today’s crime problem,’’ And three-fourths agreed that ‘‘welfare re- underfunded. nearly eight in 10 said they did. cipients should be forced to work’’ if they re- I think education should get a better slice One who emphatically agreed was Vern ceive assistance. of the budget pie and I would be willing to Dollar, 52, a Vancouver resident, who de- Without being asked specifically whether pay more taxes (to pay for it),’’ Judith Jen- clared: ‘‘Our social values have decreased. state government should pay for health care, kins Harlin, a poll respondent from All the neighbors knew one another when we just under three-fourths of the voters agreed Redmond, said in a interview. She is a home- moved in here 28 years ago, and I don’t know that ‘‘state make sure that health care is maker, mother and school volunteer who has the new ones who move in.... There’s an available to everyone.’’ been trained as a teacher. influx of California people and they aren’t ENVIRONMENT, PROPERTY RIGHTS AND OTHER Cricket Hamilton, an Olympia search-and- very sociable, Good neighbors help neigh- ISSUES rescue officer, also thinks schools are in bors.’’ Washingtonians were lukewarm about en- trouble but is unwilling to pay more taxes to Despite the worry about declining social vironmental issues in their responses to sev- let educators spend more money. values, one finding of the poll might surprise eral queries on the subject. ‘‘Definitely not,’’ Hamilton said. ‘‘reading, Washingtonians aware of the Pacific North- A plurality, 48 percent, disagreed with a writing, and arithmetic has to be brought west’s long-held reputation—bemoaned by statement that ‘‘protecting the environment back, not pottery.’’ the Rev. Billy Graham, among others—as is more important than protecting jobs’’—a Pinkleton, the researcher, observed: ‘‘A lot something of a religious wasteland. choice that most conservationists argue so- of people feel that education is underfunded, Asked whether they agreed with the state- ciety needn’t make—while just under one- a big majority, and yet people aren’t terribly ment that ‘‘religious values play a role in third agreed. The rest didn’t answer. And a excited about paying more taxes, either. So my everyday decisions,’’nearly two voters majority of the voters disagreed with a we kind of want to have our cake and eat it, out of three did agree. statement that ‘‘government agencies do an too.’’ Religion plays the strongest role in the acceptable job of balancing land use with en- The poll didn’t specifically ask voters lives of the oldest voters, with more than vironmental protection.’’ whether they would be wiling to pay higher seven out of 10 of those age 62 and older say- A plurality, 49 percent, agreed that ‘‘public taxes to support education. But it did affirm ing it did. But nearly six in 10 voters in the money should be used to pay people when the Washingtonians’ long-standing opposition to least religious age group, those 18 to 39, said government restricts how they use their a state income tax. religious values were part of their lives. land,’’ while 39 percent disagreed. Asked if they ‘‘would support a state-in- Conservative voters were most apt to say Only one-third of the voters agreed that come tax if state taxes would be cut in other religion is part of their lives, and the most the state is more racially divided than it was areas,’’ 56 percent said no. Barely more than liberal voters were the least likely. four years ago while nearly half disagreed. one-third replied favorably. The rest had no The poll revealed deep concerns across a More nonwhites than whites—but still less opinion. broad topical spectrum. For example: than a majority—believe the state is more When asked how important they consider CRIME divided. education in deciding which candidate to Nearly two out of three agreed they feel A clear majority of voters, 58 percent, said vote for, nearly nine voters in 10 ranked im- less safe then four years ago, and nearly four ‘‘acceptance of homosexuals or bisexuals’’ portant by more than three-fourths of the in five favor stronger penalties for criminals. should be taught in the public schools.’’ votes. Then came welfare reform, the can- That tough stance applied to youthful But support for the teaching of other val- didate’s moral character, a candidate’s abil- criminals, too. Asked whether they agreed ues was much higher: more than nine voters ity to work with political opponents, the en- with the statement that ‘‘criminals under 18 in 10 favor teaching ‘‘acceptance of people vironment, and illegal immigration, in that should be exempt from the death penalty,’’ who hold different beliefs’’ and teaching order, with each rated important by more six in 10 disagreed. Even a majority of voters ‘‘moral courage;’’ nearly as many want ‘‘re- than half those polled. who identified themselves as politically ‘‘lib- sponsibility to prevent unwanted pregnancy’’ At the bottom were gun control, important eral’’ disagreed that criminals under 18 taught, and nearly three-fourths support to barely half the voters; abortion, men- should be exempt. However, four-fifths of teaching ‘‘sexual abstinence outside mar- tioned by two out of five, and gay rights, voters labeling themselves ‘‘very liberal’’ riage.’’ cited by just over one-fourth of those polled. said criminals that young should be exempt. Many voters seem to yearn for the values The voters weren’t asked on which side of Men were less in favor of exempting crimi- they grew up with, values they see as eroded those issues they stood. nals from the death penalty than women today. When the voters were asked, without men- were, with 72 percent of men opposing that tion of any specific issue, to identify the * * * * * exemption while only 53 percent of women most important concerns in this fall’s guber- did. natorial election, education again was the [From the Seattle Post-Intelligencer, May ‘‘Even the death penalty is kind of a joke; most-often mentioned single concern, even 20, 1996] it takes years and years,’’ remarked Trina above such perennial worries as the econ- EDUCATION RATED NO. 1 of All State Issues Henifin, 22, a Bellingham resident who was omy, taxes and crime. (By Neil Modie) polled. ‘‘How did they (carry out the death However, although 125 voters named edu- penalty) way back before there was the ap- The Mood of Washington poll confirms cation, even more—191—said, ‘‘I don’t peals system? Do it right away like they did what the state’s 1996 political candidates al- know.’’ in the old days.’’ ready seem well aware of: Voters are plenty That surprised Pinkleton. Asked whether ‘‘state government should worried about public education. ‘‘Clearly, issues are still developing in the spend more money building prisons,’’ 57 per- ‘‘There’s just a whole different intensity minds of the voters.... It’s still fairly cent disagreed. about the issue this year,’’ observed Terry early (in the campaign season),’’ the re- Bergeson, executive director of the state searcher observed. ECONOMY AND JOBS Commission on Student Learning and a can- After education, mention of other issues Nearly one in four of those surveyed said didate for superintendent of public instruc- dropped off steeply. Ranked below education, they were concerned about losing their jobs. tion. in order of the number of times they were The worry was highest among people with So far in the still-early campaign for gov- mentioned, were taxes, environment and less than a high school degree. ernor, most of the 10 major candidates—four conservation, crime and law enforcement A majority of voters disagreed with the Democrats and six Republicans—have been state spending and the budget, the economy, statement that if they lost their jobs, it talking more about education than anything health care and unemployment and jobs. would be easy to find jobs with similar pay. else, even such tried-and-true issues as the Other issues, including welfare reform, The least educated were most likely to be economy, taxes and crime. moral issues, gay rights and prayer ranked pessimistic. That’s logical, since public education, in- far lower. None of the 556 voters mentioned And more than three voters in four agreed cluding colleges and universities, accounts such volatile topics as abortion or gun with the statement that they have to work for nearly 60 percent of the state general rights. harder today to maintain their standard of fund budget. The responses suggested that voters trust living than they did four years ago. And candidates who survive the primary their state government more than they trust ‘‘The cost of living is higher, the cost of will be sharing the general election ballot their fellow citizens. gas, electricity has gone, up, food too,’’ said with two controversial education-related ini- Asked whether they agree that ‘‘voters Gerald Barnett, a Spokane-area machinist tiatives dealing with school vouchers and usually make informed voting decisions,’’ and father of two, who first registered to charter schools.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5435 Whatever the reasons, some of the can- dreds of young people in my home The President’s budget guarantees didates’ and political parties’ own polls are State. I have talked to people, young the life of the Medicare trust fund for showing deep concern about the state’s students who are 4.0 students; I have a decade without cutting it $167 billion school system, more so than in past years. talked to students in juvenile deten- as the Republicans have proposed. The In the Mood of Washington poll, 88 percent said education was important to them in de- tion centers. The one thing they all say Republican plan reduces Medicare by ciding who to vote for, and four of every five in common is they believe that in this $50 billion more than the President’s in that group said it was ‘‘very important.’’ country today, adults do not care balanced budget plan. The cuts to No other issue rated such a response in the about them. Medicare payments that the Repub- survey. Mr. President, we have an oppor- licans propose will result in cost-shift- ‘‘That’s amazing. That’s the highest I’ve tunity tomorrow to vote for the Kerry- ing, undermine quality, and threaten ever seen’’ in any poll, Bergeson said. Murray amendment to put dollars back the financial viability of many rural The poll was a collaborative project by The into our education account and show and urban hospitals. On the other hand, Associated Press and 12 state newspapers, in- our young people they are a priority to the President’s budget restores the pre- cluding the Post-Intelligencer, the Olym- pian, the Tacoma News Tribune, the Herald us. I can think of no better investment 1980 law on part A home health benefits in Everett and the Sun in Bremerton. in this country to invest in the edu- because home health care expenditures Nearly three in five voters polled said the cation and training of our young peo- unrelated to hospital stays should not quality of public education is worse today ple. be financed by the part A trust fund. than it was four years ago. That view was I urge my colleagues to support that This helps extend the life of Medicare strongest among the youngest and least edu- amendment. I remind my colleagues, part A trust fund. In summary, the cated voters—those in the 18-to-39 age group this is a way we can make a difference President’s proposal reforms and mod- and with less than a high school education— for this country. I yield the floor. ernizes the program, while providing as well as among the most politically con- Mr. EXON. I thank my friend from servative voters. more choices to beneficiaries. Washington for her kind remarks, and While the President’s budget has Slightly more than three out of five voters, I thank her for the amendment she has and especially the youngest and the most po- moderate cuts in Medicaid, the $72 bil- litically liberal voters, said education is un- just offered. lion reduction that the Republicans derfunded. I yield 2 minutes to the Senator from propose could be drastic. This $72 bil- When voters were asked to name the most South Carolina. lion cut could total as much as $250 bil- important issues in the gubernatorial elec- Mr. HOLLINGS. Mr. President, once lion over 7 years if States spend only tion, education was mentioned most often— again, regarding the record and this the minimum required to receive their by a long shot. ruling, I turn to the CONGRESSIONAL full block grant allocations. Many mid- Cheryl Causey, 49, a Mercer Island mother RECORD, the House of Representatives, and a student in interior design, thinks dle-class families depend on the Med- H11693, December 3, 1980. I quote Mr. icaid guarantee to provide for the care schools have improved ‘‘in the area of crit- Panetta: ical thinking skills rather than just role of their parents. If States are forced to learning.’’ It obviously is the first time that the rec- deny coverage or restrict benefits, this But she is concerned about a lack of class- onciliation process itself has been imple- mented under the Budget Act. could adversely affect millions of room discipline and ‘‘a basic ‘dumbing down’ Americans that depend on such help Further: in some areas. I’ve read some of the text- that the program provides. Another books used by my daughter and have found No other chairman in the history of the thing that concerns me about the Re- that some of the language used isn’t very Budget Committee has been able to say that challenging. It plays down to a lesser intel- reconciliation has been implemented and put publican proposal is the insistency of ligence and doesn’t encourage the kids to into place. They have passed budget resolu- the repeal of Federal enforcement of really think and go beyond.’’ tions. We have passed continuing resolutions nursing home quality standards. These Verna Kloehn, 73, a retired barber and of one kind or another, but this is the first regulations are important to the fami- Kennewick resident, thinks kids nowadays time that a chairman of the Budget Com- lies that have to make the tough deci- are ‘‘damn dumb. They can’t assimilate mittee has implemented the reconciliation sion to place a loved one in a nursing knowledge worth a darn.’’ process. home. On the other hand, the Presi- Voters’ concerns about public schools had I yield the floor. to do not only with the quality of education, dent’s budget provides the States with but also crime and violence. Mr. HEFLIN. Mr. President, I wish to great flexibility in managing their pro- And that was a worry expressed not only in express my support for the President’s grams while guaranteeing health care urban areas, but in smaller communities as fiscal year 1997 budget plan. There is no for millions of Americans. well. one here that wants a balanced budget In order to reach a balanced budget, ‘‘We need more teachers, more guards,’’ more than I do. The largest obstacle to we all know decisions must be made in said Trina Henifin, 22, a Bellingham resident, sustainable, long-term economic an effort to eliminate costs; however, ‘‘I think it’s terrible you have to have guards growth is our huge national debt. This these decisions must be carefully ex- in schools, but you do.’’ is why I support the administration’s amined. This is particularly true when Bergeson, who directs a commission cre- ated to develop statewide academic stand- budget. President Clinton is the first proposed cuts affect the educational ards, surmised that voters might think President in 17 years to submit a bal- system of our country. The Repub- schools are worse than they were four years anced budget using the Congressional licans want to use extreme cuts in edu- ago because ‘‘people are seeing more in the Budget Office [CBO] figures, all while cation to balance the budget, when the news about violence in schools, about weap- protecting Medicare, Medicaid, edu- President’s plan shows that they are ons.’’ cation, the environment, and cutting not necessary. The Republican resolu- ‘‘It doesn’t have so much to do with edu- taxes for middle-class families. tion cuts education and training by $26 cation’’ as with safety, she said. There has been no President with a Bruce Pinkleton, one of two Washington billion compared to 1995. The Repub- State University researchers who conducted record of deficit reduction that com- lican plan also provides $60 billion less the Mood of Washington poll, suggested the pares to President Clinton’s. Under the for education and training than the concern about education might stem largely President’s leadership the budget def- President’s budget over the next 6 from the public’s tendency ‘‘to look to the icit has been cut more than in half. years. The future of our Nation de- educational system to rectify the ills of soci- Four years ago, the Nation was faced pends greatly on the education that is ety.’’ with a budget deficit of $290 billion. provided to our children and the train- Judith Jenkins Harlin, a Redmond ‘‘stay- The CBO is now predicting a budget ing that is available to our work force. at-home mom’’ and school volunteer, agrees. deficit of only $144 billion for fiscal ‘‘I think public education has been asked The President’s budget provides both to do too much, and public education doesn’t year 1996. Also, the total spending is the funding and policies needed to turn anyone away,’’ said Harlin, who is lower as a share of the economy than meet these challenges. trained as a teacher. ‘‘Teachers in public in any year since 1979. This budget con- The President’s budget also provides education are trying to be mother, father, tinues the highly successful deficit re- tax relief for the middle-class working social worker, teacher, legal enforcer—we duction of the President’s 1993 eco- families of America, making it easier are asking teachers to do too much.’’ nomic plan and contains billions in en- for them to pay for education and save Mrs. MURRAY. I have taken the titlement savings and discretionary for retirement. The President proposes time over the last year to talk to hun- cuts. a tax credit for dependent children, a

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5436 CONGRESSIONAL RECORD — SENATE May 21, 1996 benefit that would affect 19 million Similarly, last year there were con- work by the Budget Committee to families, expanded individual retire- cerns about the multitude of overlap- bring to this floor, one more time, ment accounts [IRA’s] to provided ping data collection activities within what the American people—and the greater incentives for savings for re- the Department of Health and Human people of Idaho—have demanded: A tirement, and an education and job Services [HIS]. Despite the fact that genuine, convincing plan to balance training tax deduction that would the AHCPR has only a small, but im- the Federal budget by fiscal year 2002. allow taxpayers to deduct up to $10,000 portant, role in the area of data collec- This balanced budget resolution is a year for qualified education and tion, the Agency took the lead in pro- consistent, in its principles and its de- training expenses. The President also posing a major restructuring of its tails, with what I believe most citizens proposes other tax relief aimed at medical expenditure survey to elimi- in Idaho want. small businesses, such as increased ex- nate areas of duplication with other Like most Idahoans, I would prefer to pensing, estate tax benefits for closely HHS surveys. go farther, faster. But I also recognize held businesses, pension simplification, In both cases, AHCPR has been will- how far we have come in just a year and increased health insurance deduc- ing to take a fresh look at its activities and a half. In the last Congress, domi- tions for the self-employed. The Presi- and critically examine its role in rela- nated by the President’s party, we were dent’s budget offsets this much needed tionship to the private sector and other tax relief by eliminating or reducing told that $200 billion a year in deficit Federal agencies. We should applaud spending, as far as the eye could see, corporate tax loopholes and pref- this type of initiative and responsive- erences that are no longer warranted. was the best we could do. ness, not cripple it. This budget resolution does not rep- Mr. President, I support the Presi- More importantly, Mr. President, I resent politics as usual. It looks to a dent’s budget because this budget has a am concerned bout the potential im- brighter future of more jobs, more af- plan for balancing the budget while pact on the clinical and health services fordable educations, a more secure protecting Medicare, Medicaid, and research that AHCPR supports. Its mis- Medicare system, and real welfare re- education, along with providing a mod- sion in this area is critical to the fu- form—all within a balanced budget. est tax cut for middle-class Americans. ture of our fast-changing health care REGARDING AHCPR system and to our efforts to restruc- CONDUCTING THE BALANCED BUDGET GAME IN Mr. FRIST. Mr. President, I would ture the Medicare program, while en- IDAHO like to engage in a brief colloquy with suring high quality of care. This Agen- Mr. President, to focus in some depth the distinguished chairman of the cy provides an important compliment on the budget priorities of Idahoans, Budget Committee to discuss an as- to the work of the National Institutes last month, my office held a series of sumption that appears on page 52 of of Health through its research on the meetings in five locations in Idaho. We our report and clarify the committee’s outcomes, effectiveness, and cost-effec- invited folks to participate in an exer- assumptions regarding the discre- tiveness of health care services in day- cise in hard choices—or, what I call the tionary health programs contained in balanced budget game. function 550. The language suggests to-day practice. In the last 2 years, this We held these in Idaho Falls, Poca- that the committee is assuming a sig- Agency has come to realize its role as tello, Twin Falls, Nampa, and Boise. nificant reduction in the budget of the a science partner with the health care Agency for Health Care Policy and Re- community and, as a result, AHCPR’s This exercise has been developed and search [AHCPR]. I expressed my con- work has been endorsed by every major updated regularly by the nonpartisan, cerns regarding this matter during the medical, nursing, and health care orga- nonprofit educational organization, the committee’s markup of the resolution. nization, from the American Medical Committee for a Responsible Federal Mr. President, I feel strongly about Association to the managed care indus- Budget. this Agency’s mission for two reasons. try. And from personal experience, in In this exercise, citizens get the First, as I pointed out during our my work on the Medicare Program, I chance to be a Senator for a day— markup, I believe that the Agency for can testify that there are few issues on meeting in small groups that work Health Care Policy and Research has which such disparate organizations much like the Senate Budget Com- gone a long way toward reforming agree. AHCPR’s scientific work pro- mittee during the markup of the budg- itself and has been responsive to the vides clinicians and patients with the et resolution and walking through a constructive criticism it received from tools they need to work together to im- 180-page workbook resembling a Budg- Congress over the past year. For exam- prove the quality of health care while et Committee markup book. ple, last year there was debate regard- constraining its cost. Across the State, participants were ing the wisdom of AHCPR continuing Mr. President, at this point I would grouped into 32 groups, or budget com- to develop clinical practice guidelines like to yield to the distinguished mittees, with between 4 and 10 mem- now that so many medical societies, Chairman and ask him whether he bers each. health plans, and others have begun to agrees with my interpretation of our I’ve used this exercise and similar develop their own guidelines. AHCPR budget assumptions and my conclusion ones in the past to poll the opinions of took this criticism seriously, engaged that this budget resolution assumes no Idahoans on budget priorities and I’ve in a dialog with the health care com- reduction in funding for the critical told Idahoans that I would again use munity, and announced last month work of the Agency for Health Care their responses in this exercise to fight that it would no longer directly sup- Policy and Research. for Idaho values in the Federal budget. port the development of clinical prac- Mr. DOMENICI. I want to thank Sen- I have been reviewing in detail the tice guidelines. Instead, the Agency ator FRIST for his continued efforts in individual results from each of the five will work in partnership with the this critical policy area. The Chair- cities where we held the exercise, and I health care community by meeting man’s mark of the budget resolution am struck by the highlights that have their needs for an assessment of the did assume a reduction in funding for emerged. I would like to summarize scientific evidence in clinical areas for the Agency for Health Care Policy Re- which these physicians and health search [AHCPR]. Funding for AHCPR those briefly here. My office is pre- plans—not AHCPR—want to develop was assumed to be reduced to $46 mil- paring a complete analysis to send to guidelines or other quality improve- lion per year, beginning in 1997. Since the Idaho citizens who participated in ment strategies. This partnership ap- then, I have worked with Senator those five cities. proach is a winner for all: AHCPR will FRIST to find alternate assumptions to IDAHO’S PRIORITY: BALANCE THE BUDGET AND concentrate on its strengths, devel- meet our discretionary spending tar- SPEND LESS oping and assessing science, and physi- gets within function 550. The resolu- This is the result that stands out: cians and health plans will have the in- tion now assumes that funding for Idahoans are demanding that we bal- formation they need to develop better, AHCPR will not be reduced. ance the budget. By far, most of the evidence-based guidelines without the Mr. CRAIG. Mr. President, I rise in Idaho groups were willing to exercise implication that the Federal Govern- support of Senate Concurrent Resolu- more restraint, and balance the budget ment is telling them how to practice tion 57, the balanced budget resolution faster, than most Members of Congress medicine. for fiscal year 1997. I commend the hard or the President.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5437 In 31 out of 32 groups, Idahoans were Thirty-one of the 32 groups produced certainly including this Senator, and able to agree on enough deficit reduc- more direct savings in Medicare over 5 actually very enjoyable to participate tion to balance the budget by fiscal years than the Budget Committee in. year 2002. budget over 5 years or the President’s I believe most everyone who attended This is true—31 out of 32 balanced the budget over the next 6 years. The aver- had a positive experience. Some folks budget—whether you compare their re- age 5-year savings, with little variation wished they could have had more time sults against the baseline for fiscal from town to town, were $135 billion, and more options. But there was under- year 1997 or the less optimistic baseline compared with $115 billion over 5 years standing that the exercise was written of fiscal year 1996, which is the one in the Budget Committee budget. with a limited number of options, out that was still used in the Exercise In addition, 28 out of 32 groups chose of consideration for the participants— workbook. one or more ways to means-test enti- all of whom gave up an entire morning, Thirty-one out of 32 groups saved tlement benefits, including 23 groups afternoon, or evening to provide me more in spending than any budget be- that chose an across-the-board ap- with their views. fore the Congress this year—more than proach that would result in additional I appreciate all the advice and help the Budget Committee budget, more Medicare savings, and 2 more that my staff and I have received from the than the Chafee-Breaux substitute, and voted for means-testing Medicare, spe- Committee for a Responsible Budget in certainly more than the President’s cifically. conducting this exercise in Idaho, espe- budget. It bears repeating: Any savings from cially from Carol Cox Wait, the com- In fact, 31 out of 32 groups reduced Medicare reforms will be used—by law, mittee’s president, and Susan Tanaka, spending growth more over 5 years they must be used—to shore up a Medi- vice president. than any Washington, DC, proposal care system that is now losing money. Most of our colleagues will recognize would save over 6 years. We want Medicare to be there for those the committee’s name and work. Its On average, participants in the five who need it. It won’t be there—it will board of directors includes many Idaho cities called for the following be broke—in just 5 years, unless we former Members of this and the other levels of policy changes in spending begin reforms today. The Budget Com- body, including several chairmen and programs, over 5 years: mittee budget doesn’t cut Medicare. It ranking minority members of the will provide more choice and more se- Budget Committees, as well as distin- [In billions] cure benefits in an improved system. Idaho Falls ...... $679 guished former public officials like REVENUES Pocatello ...... 662 Paul Volcker of the Federal Reserve Twin Falls ...... 656 With regard to taxes, I was somewhat Board, Elmer Staats of the General Ac- Nampa ...... 637 surprised at first, but the specific op- counting Office, and Rudolph Penner Boise ...... 671 tions selected and the comments of a and Robert Reischauer of the Congres- number of the participants shed some Average for all 5 cities ...... 661 sional Budget Office. light. The exercise workbook used by the This compares with $428 billion in A number of folks complained about Idaho participants was prepared for fis- spending policy changes in this year’s static score-keeping that did not recog- cal year 1996, because most of the 1997 committee-reported budget, and only nize that some tax cuts lead to eco- budget work had not yet begun in $274 billion in the President’s budget. nomic activity and more tax revenues. Washington, DC, and 1997 workbooks DISCRETIONARY SPENDING I agree with them. But the exercise were not yet available. But with the In the Idaho exercises, the five-city workbook estimates were based on exception of some changes in economic average for defense was to find $16 bil- Congressional Budget Office estimates. and baseline assumptions, we know all lion in savings over 5 years. Eight of In both cases, the budget committees— too well that the 1997 budget debate is the 32 groups voted for a $38-billion in- here and in Idaho—agreed to be bound really just a continuation of the 1996 crease. These results seem to reflect by an ‘‘outside’’ referee. the general consensus in Idaho, the Na- A number of folks complained that process. tion, and even in Washington, DC, that they wanted to vote for tax relief, but Mr. HEFLIN. Mr. President, these defense spending should not be changed ran out of time, because that was the budget proposals now being negotiated greatly, in this changing and uncertain last section in the workbook. In this will directly affect virtually every seg- world. exercise, unlike here in Washington, ment of the Government and every cit- All 32 groups reduced domestic dis- DC, budget-writers did not have the izen of this country. cretionary spending more than any luxury of ignoring the deadline to fin- I am strongly in support of deficit re- budget now being debated on the Sen- ish their work. duction and favor the elimination of ate floor. Of course, they came closest A number said that, while they could the national debt over a period of time. to the Budget Committee’s budget. write a budget that got to balance fast- I have long supported a balanced budg- In international affairs, the average er with some revenue increases, they et amendment to the Constitution. I 5-year savings from the Idaho groups didn’t trust that Washington, DC, supported the 1993 reconciliation bill was $15 billion, compared with $12 bil- would use tax increases to reduce the which has already led to significant re- lion in savings in the Committee-re- deficit. duction in our annual deficits. How- ported budget, and with a slight in- And finally, support for any revenue ever, there is a right and wrong way to crease in the President’s budget. increases was extremely scattered pursue the same goal. ENTITLEMENT SPENDING among a wide variety of options, with There are proposals to adjust the Thirty out of 32 groups would reduce the broadest consensus on alcohol and/ Consumer Pricing Index [CPI] in an at- total entitlement spending more than or tobacco excise taxes, occurring in tempt to correct biases in its computa- any proposal now before the Senate. only 13 of 32 groups. tion. This plan is to reduce the CPI by I think that result says something to Overall, 9 groups voted for some tax one-half of a percentage point. I feel those who accuse the committee-re- relief. Twelve groups did not vote for that this is nothing more than ported budget, as well as last year’s any tax increase, and another 6 sup- masquerading an attempt to cut Social Balanced Budget Act, of making draco- ported very small packages less than Security benefits and raise taxes. nian cuts in spending. $41 billion over 5 years, a magnitude As we all know, the CPI has a major With great uniformity, Idaho partici- similar to the extensions and loophole- effect on Federal outlays, revenue, and pants supported an average of $50 bil- closings that have been discussed in the budget deficit. Outlays are affected lion in housing and welfare reforms Congress. The median group raised rev- because programs such as civil service over 5 years, which is more than the enues by only $34 billion. retirement pay and Social Security President’s 6-year proposal—$38 bil- CONCLUSION benefits are adjusted so that the pur- lion—and almost exactly the same as Mr. President, the exercise in hard chasing power of those payments will the Budget Committee’s 6-year figure— choices has been an excellent edu- be preserved. Revenues are affected be- $54 billion. This says to me that the cational tool for the public, very in- cause taxes are adjusted so that in- Senate is on track in this area. formative for Members of Congress— creases in income are taxed at a higher

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5438 CONGRESSIONAL RECORD — SENATE May 21, 1996 rate only if the increase exceeds infla- and the Senator from Nebraska does as action agreed upon by the managers and rec- tion. Due to the significant relation- well. ommended in the accompanying conference ship between the CPI and the budget, Mr. DOMENICI. Would you tell me report: there has been much attention on how again, Mr. President? Second Concurrent Resolution on the Budget to contribute to the reduction of the The PRESIDING OFFICER. The Sen- Outlays deficit with the adjustment of the CPI. ator from Nebraska has 14 minutes and The House resolution provided for total Before we attempt to adjust the CPI, the Senator from New Mexico has 14 outlays in the amount of $373.891 billion. The we should realize the enormous effect minutes. Senate amendment provided for total out- it will have on the senior citizens of Mr. DOMENICI. You must be doing lays in the amount of $375.6 billlion. our country. Coupled with the proposed something with this time, Mr. Parlia- The conference report provides for total cuts in Medicare and Medicaid, an arbi- outlays in the amount of $374.9 billion. Esti- mentarian. How does this happen? No mates of outlays by functional category of trary reduction of the CPI, which leads matter what each side does, we have 14 the budget is set forth below. to a decrease in the Social Security minutes each. You must be right on Budget Authority cost-of-living adjustments [COLA’s], the ball. would take a great financial toll on the The House resolution provided for total Mr. EXON. We control only the time- new budget authority in the amount of elderly. Social Security recipients rely keeper. $408.004 billion. The Senate amendment pro- on annual COLA’s to ensure that their Mr. DOMENICI. Mr. President, I have vided for total new budget authority in the purchasing power is not eroded by in- a conference report from 1975, a budget amount of $406.2 billlion. flation. Just a small percentage reduc- resolution, just as a matter of informa- The conference report provides for total tion in the CPI can cause a substantial tion with reference to various items new budget authority in the amount of $408.0 loss of benefits over time. Due to the that have been discussed today of a billion. Estimates of new budget authority compounding effect, the older one gets, parliamentary nature. I ask unanimous by functional category of the budget is set forth below. the more money the beneficiary would consent that the conference report be Deficit lose. Economists have stated that the printed in the RECORD. cost of living for the elderly has risen There being objection, the material The house resolution provided for a budget faster than other age groups. This is was ordered to be printed in the deficit in the amount of $72.091 billion. The Senate amendment provided for a deficit in due to the rapid rise in health care RECORD, as follows: services. It is believed that the current the amount of $74.8 billlion. The conference SECOND CONCURRENT RESOLUTION ON THE report provides for a deficit of $74.1 billion. CPI actually understates the rate of in- BUDGET FISCAL YEAR 1976 flation because the elderly spend such Revenues Mr. MUSKIE, from the committee of con- The House resolution provided for Federal a large portion of their income on ference, submitted the following conference health care. revenues in the amount of $301.8 billion; and report to accompany H. Con. Res. 466: to achieve that level, it directed the House In 1987, Congress called for a study to The committee on conference on the dis- develop an experimental index for con- Ways and Means and Senate Finance Com- agreeing votes of the two Houses on the mittees to reduce revenues by $5.4 billion. sumers over the age of 62. This study amendment of the Senate to the concurrent The Senate amendment provided for reve- revealed that indeed the index for this resolution (H. Con. Res. 466) revising the con- nues in the amount of $300.8 billion; and to group was understated and concluded gressional budget for the United States Gov- achieve that level it directed the Ways and that this was due to the medical care ernment for the fiscal year 1976, and direct- Means and Finance Committees to reduce component. This analysis was under- ing certain reconciliation action, having revenues by $6.4 billion. met, after full and free conference, have The conference report provides for reve- taken by the U.S. Bureau of Labor Sta- agreed to recommend and do recommend to tistics [BLS], the organization that nues in the amount of $300.8 billion; and di- their respective Houses as follows: rects the Ways and means and Finance Com- computes the CPI. That the House recede from its disagree- Moreover, now is not the time to ad- mittees to reduce revenues by $6.4 billion. ment to the amendment of the Senate and The $6.4 billion reduction of revenues is nec- just the CPI knowing that the BLS has agree to the same with an amendment as fol- essary to maintain the personal income tax announced, as part of a continuing ef- lows: withholding rate and extend the temporary fort to update and improve the CPI, That the Congress hereby determines and de- corporate tax reductions in the 1975 Tax Re- that it will be changing the way the clares, pursuant to section 310(a) of the Con- duction Act. CPI is calculated. This is estimated to gressional Budget Act of 1974, that for the fiscal The managers accept the Senate position year beginning on July 1, 1975— reduce the CPI by approximately .3 that it is unrealistic to expect this required (1) The appropriate level of total budget out- reduction in revenues to be partially offset percentage points. We should allow the lays is $374,900,000,000; experts at BLS to engage in a thorough by $1.0 billion to be received through tax re- (2) The appropriate level of total new budget form during the remiander of Fiscal year analysis without Congress interfering. authority is $408,000,000,000; 1976, as contemplated in the house resolu- Mr. President, as one economist stat- (3) The amount of the deficit in the budget tion. ed, this is merely ‘‘an attempt to raise which is appropriate in the light of economic Mr. DOMENICI. Mr. President, I conditions and all other relevant factors is taxes invisibly, and lower Social Secu- want to say to the Senators—Senator rity invisibly, while appearing only to $74,100,000,000; (4) The recommended level of Federal revenues EXON just reminded me—that there be scientifically correct in adjusting a is $300,800,000,000, and the House Committee on will be no votes tonight. We had not bias.’’ Finally, using funds generated Ways and Means and the Senate Committee on planned on any votes during the day, by reducing Social Security COLA’s to Finance shall submit to their respective Houses and nothing has changed. So when we diminish the deficit is a misuse of So- legislation to decrease Federal revenues by ap- finish here in about 20 minutes we will cial Security trust funds. proximately $6,400,000,000; and be finished, and we will start at 9 Mr. EXON. I suggest the absence of a (5) The appropriate level of the public debt is o’clock in the morning. We have been $622,600,000,000. quorum, and I ask unanimous consent authorized to call the Senate into ses- that the time be charged equally to SEC. 2. The Congress hereby determines and declares, in the manner provided in section sion, and we will immediately start both sides. with the amendments, establishing The PRESIDING OFFICER. Without 301(a) of the Congressional Budget Act of 1974, that for the transition quarter beginning on some order this evening. Staff on both objection, it is so ordered. July 1, 1976— sides will work on that. Remember The clerk will call the roll. The assistant legislative clerk pro- JOINT EXPLANATORY STATEMENT OF THE that the amendments then will be ceeded to call the roll. COMMITTEE OF CONFERENCE voted on one after another. Maybe we Mr. DOMENICI. Mr. President, I ask The managers on the part of the House and will have a little recess at some point. unanimous consent that the order for the Senate at the conference on the dis- There will be 10-minute rollcall votes. agreeing votes of the two Houses on the If last year is any indication of how the quorum call be rescinded. amendment of the Senate to the concurrent The PRESIDING OFFICER. Without much time it will take, we will be vot- resolution (H. Con. Res. 466) revising the con- ing from 9 o’clock to well into the objection, it is so ordered. gressional budget for the United States Gov- Mr. DOMENICI. Mr. President, how ernment for the fiscal year 1976, and direct- night. much time remains on the resolution? ing certain reconciliation action, submit the I am very hopeful that we can accept The PRESIDING OFFICER. The Sen- following joint statement to the House and some of these amendments. I am even ator from New Mexico has 14 minutes the Senate in explanation of the effect of the toying with the idea—I do not know

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5439 what the Senator would think about (2) The Economic Development Adminis- the desk with reference to Iraq oil and this—if we might put all of those tration helps to promote industrial park de- the amendment that heretofore had amendments that are sense of the Sen- velopment, business incubators, water and been offered. ate and just accept them all. What does sewer system improvements, vocational and I send it to the desk. It is a modifica- technical training facilities, tourism devel- the Senator think about that? We opment strategies, technical assistance and tion of his previous amendment. would not have any votes. We would capacity building for local governments, eco- I ask unanimous consent that it be in take them all. Who knows what will nomic adjustment strategies, revolving loan order for Senator LOTT to modify the happen to them? funds, and other projects which the private previous amendment. Mr. EXON. We would want to review sector has not generated or will not generate The PRESIDING OFFICER. Is there them. But that is an interesting pro- without some assistance from the Govern- objection? Without objection, it is so posal. Could I suggest one other thing ment through the Economic Development ordered. that we might consider? We do not Administration. The amendment (No. 4002), as modi- have to decide on that tonight. But I (3) The Economic Development Adminis- fied, is as follows: tration maintains 6 regional offices which would like to suggest since we are oversee staff that are designated field-based At the end of title III, add the following going to have, once again, an awful lot representatives of the Economic Develop- new section: of votes, would there be any likelihood ment Administration, and these field-based SEC. . SENSE OF CONGRESS ON REIMBURSE- that we may cut the votes down to say representatives provide valuable expertise MENT OF THE UNITED STATES FOR 1 OPERATIONS SOUTHERN WATCH 7 ⁄2 minutes to move things along in a and counseling on economic planning and de- AND PROVIDE COMFORT. velopment to nonurban communities. more expeditious fashion, because we I (a) FINDINGS.—The Congress finds that— think would agree tonight that we (4) The Economic Development Adminis- (1) as of May 1996, the United States has would probably have 1 minute each for tration Regional Centers are located in the spent $2,937,000,000 of United States taxpayer urban areas of Austin, Seattle, Denver, At- explanation of each amendment. funds since the conclusion of the Gulf War in lanta, Philadelphia, and Chicago. 1991 for the singular purpose of protecting Mr. DOMENICI. I think we may be (5) Because of a 37-percent reduction in ap- the Kurdish and Sunni population from Iraqi closer to 1 minute equally divided—30 proved funding for salaries and expenses seconds each. But essentially last time aggression; from fiscal year 1995, the Economic Develop- (2) the President’s defense budget request we had this rather prolonged series of ment Administration has initiated staff re- for 1997 includes an additional $590,100,000 for votes we tried to get it down to the ductions requiring the elimination of 8 field- Operations Southern Watch and Provide minimum amount that would be re- based positions. The field-based economic de- Comfort, both of which are designed to re- quired for the rollcall and other things, velopment representative positions that are strict Iraqi military aggression against the either being eliminated or not replaced after and I believe I heard Senator DOLE ask Kurdish and Sunni people of Iraq; voluntary retirement and which currently and they said they could not get it (3) costs for these military operations con- interact with nonurban communities on eco- stitute part of the continued budget deficit down to much under 8 minutes. nomic development efforts cover the States Mr. EXON. My only thought with of the United States; and of New Mexico, Arizona, Nevada, North Da- (4) United Nations Security Council Reso- that is that might be the case. The kota, Oklahoma, Illinois, Indiana, Maine, lution 986 (1995) (referred to as ‘‘SCR 986’’) only trouble with 10 minutes, then it Connecticut, Rhode Island, and North Caro- would allow Iraq to sell up to $1,000,000,000 in becomes 12 minutes. It is like speeders lina. petroleum and petroleum products every 90 on the highway. But I am just making (6) These staff cutbacks will adversely af- days, for an initial period of 180 days. a suggestion to try to expedite things fect States with very low per-capita personal (b) SENSE OF THE CONGRESS.—It is the sense income, including New Mexico which ranks of the Congress that the assumptions under- for the good of the body as a whole. We 47th in the Nation in per-capita personal in- can discuss that later. lying the functional totals in this resolution come, Oklahoma ranking 46th, North Dakota assume that— AMENDMENT NO. 4026 ranking 42nd, Arizona ranking 35th, Maine (1) the President should instruct the (Purpose: To express the sense of the Senate ranking 34th, and North Carolina ranking United States Permanent Representative to that the Economic Development Adminis- 33rd. the United Nations to ensure any subsequent tration should place high priority on main- (b) SENSE OF THE SENATE.—It is the sense extension of authority beyond the 180 days taining field-based economic development of the Senate that the functional totals and originally provided by SCR 986, specifically representatives) reconciliations instructions underlying this mandates and authorizes the reimbursement budget resolution assume that— of the United States for costs associated Mr. DOMENICI. Now, Mr. President, (1) it is regrettable that the Economic De- I send an amendment to the desk in be- with Operations Southern Watch and Pro- velopment Administration has elected to re- vide Comfort out of revenues generated by half of Senators BINGAMAN, SNOWE, duce field-based economic development rep- any sale of petroleum or petroleum-related COHEN, and myself and ask for its im- resentatives who are fulfilling the Economic products originating from Iraq; mediate consideration. Development Administration’s mission of (2) in the event that the United States Per- The PRESIDING OFFICER. The interacting with and counseling nonurban manent Representative to the United Na- clerk will report. communities in economically disadvantaged tions fails to modify the terms of any subse- The assistant legislative clerk read regions of the United States; quent resolution extending the authority as follows. (2) the Economic Development Administra- granted by SCR 986 as called for in paragraph tion should take all necessary and appro- The Senator from New Mexico [Mr. DOMEN- (1), the President should reject any United priate actions to ensure that field-based eco- Nations’ action or resolution seeking to ex- ICI], for Mr. BINGAMAN, for himself, Ms. nomic development representation receives SNOWE, Mr. COHEN, and Mr. DOMENICI, pro- tend the terms of the oil sale beyond the 180 high priority; and days authorized by SCR 986; poses an amendment numbered 4026. (3) the Economic Development Administra- Mr. DOMENICI. Mr. President, I ask (3) the President should take the necessary tion should reconsider the planned termi- steps to ensure that— unanimous consent that reading of the nation of field-based economic development (A) any effort by the United Nations to amendment be dispensed with. representatives responsible for States that temporarily lift the trade embargo for hu- The PRESIDING OFFICER. Without are economically disadvantaged, and that manitarian purposes, specifically the sale of objection, it is so ordered. this reconsideration take place without petroleum or petroleum products, restricts The amendment is as follows: delay. all revenues from much sale from being di- At the end of title III, add the following: Mr. DOMENICI. That amendment verted to benefit the Iraqi military; and SEC . SENSE OF THE SENATE REGARDING THE will take its place. (B) the temporary lifting of the trade em- ECONOMIC DEVELOPMENT ADMINIS- The Senator is willing to accept it. bargo does not encourage other countries to TRATION PLACING HIGH PRIORITY We have no objection to the amend- take steps to begin promoting commercial ON MAINTAINING FIELD-BASED ECO- ment, and I yield back all time on the relations with the Iraqi military in expecta- NOMIC DEVELOPMENT REPRESENT- tion that sanctions will be permanently lift- ATIVES. amendment. ed; and (a) FINDINGS.—The Senate makes the fol- Mr. EXON. We agree on this side. (4) revenues reimbursed to the United lowing findings: The PRESIDING OFFICER. Without States from the oil sale authorized by SCR (1) The Economic Development Adminis- objection, the amendment is agreed to. 986, or any subsequent action or resolution, tration plays a crucial role in helping eco- The amendment (No. 4026) was agreed should be used to reduce the Federal budget nomically disadvantaged regions of the to. deficit. United States develop infrastructure that supports and promotes greater economic ac- AMENDMENT NO. 4002, AS MODIFIED Mr. LOTT. Mr. President, on Friday, tivity and growth, particularly in nonurban Mr. DOMENICI. Senator LOTT has May 17, 1996, I proposed a sense-of-Sen- regions. asked that I submit an amendment to ate resolution that urged the President

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5440 CONGRESSIONAL RECORD — SENATE May 21, 1996 of the United States to ensure that sales to help offset the costs of doing On page 42, line 3, increase the amount by American taxpayers’ interests are pro- what is right and doing it in conjunc- $700,000,000. tected by rejecting any Iraq-United Na- tion with the United Nations. On page 52, line 11, decrease the amount by Mr. President, I urge at the appro- $0. tions oil sale agreement which does not On page 52, line 12, decrease the amount by reimburse the United States for the priate time that this amendment be $0. costs of Operations Southern Watch adopted. It is a sense-of-the-Senate res- On page 52, line 14, increase the amount by and Provide Comfort. olution, and I think that the American $5,000,000,000. To review the background leading to people would want us to ensure that On page 52, line 15, increase the amount by this amendment, several days prior to they are reimbursed for their costs as- $1,400,000,000. the cease-fire ending Operation Desert sociated with Operations Southern Notwithstanding any other provision of Storm, Iraq initiated military action this resolution, on page 52, line 15, the Watch and Provide Comfort. amount is deemed to be $270,923,000,000. against the Kurdish people in northern AMENDMENT NO. 4027 TO AMENDMENT NO. 4012 On page 4, line 8, the amount is deemed to Iraq and the Sunni Moslems in south- (Purpose: To adjust the fiscal year 1997 non- be $1,323,100,000,000. ern Iraq. On April 5, 1991, 2 days prior defense discretaionary allocation to the On page 4, line 9, the amount is deemed to to concluding the cease-fire agreement, Appropriations Committee by $5 billion in be $1,361,600,000,000. the United Nations passed Security budget authority and $4 billion in outlays On page 4, line 10, the amount is deemed to Council Resolutions No. 687 and 688, to sustain 1996 post-OCRA policy) be $1,392,400,000,000. Mr. DOMENICI. Mr. President, there On page 4, line 11, the amount is deemed to condemning Iraq for its repressive ac- be $1,433,600,000,000. tions against the Kurds and Sunnis. is pending an amendment No. 4012 of- On page 4, line 12, the amount is deemed to The Secretary General of the United fered by Senators HARKIN and SPECTER. be $1,454,000,000,000. States Nations then enlisted the sup- It is obvious that when we close up the On page 4, line 17, the amount is deemed to port of the United States to engage in Senate here in a few minutes and yield be $1,318,600,000,000. military operations to protect these back the remaining time—and there is On page 4, line 18, the amount is deemed to Iraqi civilian populations against Sad- not much time remaining—there will be $1,353,500,000,000. On page 4, line 19, the amount is deemed to dam Hussein’s aggression. In addition be no further amendments that will be be $1,382,400,000,000. to the 15 American and 11 foreign na- allowed. It means that if the Senator On page 4, line 20, the amount is deemed to tional lives lost, the United States has from New Mexico or anyone else has a be $1,415,600,000. spend $2.9 billion to conduct these mili- second-degree amendment to any of the On page 4, line 21, the amount is deemed to tary operations known as Provide Com- myriad of amendments we have in the be $1,433,100,000,000. fort and Southern Watch. But the cost long list, including the Harkin-Specter On page 5, line 1, the amount is deemed to continues to go up. The President’s amendment, they would be able to offer be $232,400,000,000. On page 5, line 2, the amount is deemed to 1997 defense budget request includes an a second-degree amendment. be $223,600,000,000. additional $590.1 million to continue And because I have an amendment, a On page 5, line 3, the amount is deemed to these military operations. second-degree amendment to the Har- be $206,300,000,000. On April 14, 1995, the United Nations kin-Specter amendment which I want On page 5, line 4, the amount is deemed to adopted another Security Council reso- the Senate to know about, I ask unani- be $185,700,000,000. lution, No. 986. This resolution pro- mous consent that it be in order for me On page 5, line 5, the amount is deemed to vides Iraq the opportunity to sell as to offer the second-degree amendment be $143,500,000,000. On page 5, line 9, the amount is deemed to much as $2 billion in oil and oil-related ECORD tonight and get it in the R with be $5,449,000,000,000. products every 6 months for the pur- a statement. I do not think I am deny- On page 5, line 10, the amount is deemed to pose of providing food and medical re- ing anybody anything by doing that be- be $5,722,700,000,000. lief to the people of Iraq. cause in just a few moments this will On page 5, line 11, the amount is deemed to Yesterday, Iraq accepted the U.N. have ripened into a situation where be $5,975,100,000,000. offer to sell limited supplies of oil to when that amendment comes up, I On page 5, line 12, the amount is deemed to buy food and medicine for its people. could second degree it. So since that is be $6,207,700,000,000. Iraq oil could begin to flow with 30 to On page 5, line 13, the amount is deemed to the case, I ask unanimous consent that be $6,398,600,000,000. 60 days while American tax dollars con- it be in order for the Senator from New On page 5, line 14, the amount is deemed to tinue to be spent to prevent Suddam’s Mexico to offer a second-degree amend- be $6,550,500,000,000. aggression against the Kurds and ment to the Harkin amendment. On page 6, line 13, the amount is deemed to Sunnis. I think this is wrong. The PRESIDING OFFICER. Is there be $290,000,000,000. The amendment that I offered last objection? On page 6, line 14, the amount is deemed to Friday, and have had to modify slight- Mr. EXON. We have no objection. be $277,400,000,000. ly because Iraq agreed to the U.N. The PRESIDING OFFICER. Without On page 6, line 15, the amount is deemed to objection, it is so ordered. The clerk be $256,000,000,000. offer, does not prevent the sale of oil or On page 6, line 16, the amount is deemed to prevent efforts to relieve the humani- will report the second-degree amend- be $236,100,000,000. tarian problems of Iraq. It simply ment. On page 6, line 17, the amount is deemed to states that if Iraq is going to be al- Mr. DOMENICI. I send the amend- be $193,300,000,000. lowed to sell oil then the United States ment to the desk. On page 6, line 18, the amount is deemed to should recover the money our tax- The legislative clerk read as follows: be $155,400,000,000. payers are spending for the ultimate The Senator from New Mexico [Mr. DOMEN- On page 9, line 22, the amount is deemed to be $14,900,000,000. humanitarian assistance: military pro- ICI] proposes an amendment numbered 4027 to amendment No. 4012. On page 11, line 22, the amount is deemed tection. Under this resolution the to be $16,700,000. United Nations is recovering their Mr. DOMENICI. Mr. President, I ask On page 11, line 23, the amount is deemed costs for providing humanitarian relief. unanimous consent that reading of the to be $16,800,000,000. So why not recover the American tax- amendment be dispensed with. On page 13, line 17, the amount is deemed payers’ expense for preventing The PRESIDING OFFICER. Without to be $3,700,000,000. Suddam’s aggression? objection, it is so ordered. On page 13, line 18, the amount is deemed The amendment is as follows: to be $3,100,000,000. Because the oil deal was accepted by On page 15, line 17, the amount is deemed Iraq yesterday, I have modified the At the appropriate places in the Harkin amendment, make the following changes: to be $21,500,000. amendment to state that in any subse- On page 25, line 17, increase the amount by On page 17, line 16, the amount is deemed quent extension of authority beyond $0. to be $12,800,000,000. the 180 days originally provided by Se- On page 25, line 18, increase the amount by On page 17, line 17, the amount is deemed curity Council Resolution 986, the Un- $0. to be $11,000,000,000. tied States should be reimbursed for On page 27, line 16, increase the amount by On page 19, line 16, the amount is deemed $300,000,000. to be $8,100,000,000. the costs associated with Operations On page 27, line 17, increase the amount by On page 19, line 17, the amount is deemed Southern Watch and Provide Comfort. $600,000,000. to be ¥$2,400,000,000. I think the American taxpayer is enti- On page 42, line 2, decrease the amount by On page 21, line 16, the amount is deemed tled to some recovery from these oil $1,800,000,000. to be $42,600,000,000.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5441 On page 21, line 17, the amount is deemed tual obligations—to offset this addi- $1.5 billion. Again, what will be af- to be $39,300,000,000. tional spending. fected by this reduction? There are se- On page 23, line 15, the amount is deemed The amendment adds back the full rious readiness and procurement under- to be $9,900,000,000. $2.7 billion in both budget authority funding problems in the defense budg- On page 23, line 16, the amount is deemed to be $10,800,000,000. and outlays for spending to these budg- et, which this budget resolution seeks On page 29, line 10, the amount is deemed et functions and adjusts the discre- to address. to be $193,200,000,000. tionary spending caps to reduce the de- I believe the assumptions of the bal- On page 29, line 11, the amount is deemed fense cap and increase the nondefense anced budget resolution are defensible. to be $191,500,000,000. cap. We should not reduce defense below the On page 31, line 3, the amount is deemed to I am offering a second degree amend- level recommended in the resolution be $232,400,000,000. ment because I believe this amendment because readiness is key to a strong de- On page 31, line 4, the amount is deemed to gets us into trouble. fense for our Nation. be $240,300,000,000. By adding these funds only to edu- Likewise, we should at least freeze On page 38, line 8, the amount is deemed to non-defense spending at the 1996 level be $13,700,000,000. cation and training and health, other On page 39, line 25, the amount is deemed subcommittees will be left making dif- which reflects the agreement between to be $282,800,000,000. ficult spending choices, endanger other Congress and the President in the Om- On page 40, line 1, the amount is deemed to priority programs, and even head to- nibus Appropriation Act. be $282,800,000,000. ward confrontation with the President I recognize that nondefense discre- On page 40, line 7, the amount is deemed to as he looks at vetoes for bills that cut tionary spending was the only portion be $289,400,000,000. important Federal programs too deep- of the Federal budget that signifi- On page 40, line 8, the amount is deemed to cantly contributed to deficit reduction be $289,400,000,000. ly. This amendment provides $5.0 billion in 1996. This was due to the President’s On page 40, line 14, the amount is deemed veto of the Balanced Budget Act, which to be $293,200,000,000. in budget authority and $4.0 billion in On page 40, line 15, the amount is deemed outlays for nondefense discretionary included reform of major entitlement to be $293,200,000,000. spending in fiscal year 1997. Every and mandatory programs. Today, I am saying we can do better On page 40, line 21, the amount is deemed function with nondefense discretionary than a freeze to keep some of our pri- to be $294,700,000,000. spending which is below a freeze is re- On page 40, line 22, the amount is deemed ority domestic programs operating ef- stored to a freeze level that reflects the to be $294,700,000,000. fectively in 1997. These additional enactment of the 1996 Omnibus Consoli- On page 41, line 3, the amount is deemed to amounts are offset with the adminis- dated Rescissions and Appropriations be $298,900,000,000. tration’s debt collection reforms that Act. On page 41, line 4, the amount is deemed to were not included in OCRA. I urge the be $298,900,000,000. Functions in the budget resolution adoption of this amendment. On page 41, line 10, the amount is deemed that are above a freeze—natural re- to be $303,400,000,000. I might just say for those who are in- sources and environment, veterans, the terested in what prompts this, I have On page 41, line 11, the amount is deemed crime control trust fund—are left at to be $303,400,000,000. seen some early allocation of the assets On page 41, line 17, the amount is deemed those levels. given to the Appropriations Committee to be $348,234,000,000. This freeze level differs somewhat by the House budget resolution called On page 41, line 18, the amount is deemed from the budget resolution freeze level. technically the allocation of the to be $351,240,000,000. Before the enactment of the 1996 omni- money, that is, a big pot of money is On page 41, line 19, the amount is deemed bus appropriations bill, Congress had divvied up, and I note that somehow or to be $348,465,000,000. provided approximately $3.3 billion in On page 41, line 20, the amount is deemed another the House appropriators seem emergency disaster funding for the to be saying we are going to make a to be $349,951,000,000. Federal Emergency Management Agen- On page 41, line 21, the amount is deemed couple of the subcommittees, in par- to be $351,311,000,000. cy, and $500 million for other disaster- ticular one of them, not only whole but On page 41, line 22, the amount is deemed related programs. real whole, and make sure that is not to be $352,756,000,000. These disaster funds, which are es- subject to any veto. We are going to On page 42, line 8, the amount is deemed to sentially one-time emergency expendi- put a lot of money in it. That is the ¥ be $200,000,000. tures, are built into the post-OCRA labor, health and human services. On page 42, line 9, the amount is deemed to freeze level used by the Appropriations I am not arguing that point. What I be $100,000,000. Committees, spending more than ongo- am arguing at this point if that is done On page 42, line 15, the amount is deemed ing Federal programs. to be ¥$400,000,000. on a budget that was submitted for all On page 42, line 16, the amount is deemed We do have to make choices as we al- of the appropriations, I did not assume to be ¥$300,000,000. locate taxpayer dollars. The budget any such thing when I worked on this On page 42, line 22, the amount is deemed resolution makes some assumptions budget resolution. If it had been the to be ¥$800,000,000. about where spending priorities lie. case and thus resulting in some sub- On page 42, line 23, the amount is deemed The Appropriations Committees will committees getting a 10 percent cut— ¥ to be $800,000,000. make their own determination and Interior, which the occupant of the On page 43, line 5, the amount is deemed to refer that allocation to the full House ¥ chair will have difficulty with. It cov- be $1,200,000,000. and Senate in the form of 13 annual ap- On page 43, line 6, the amount is deemed to ers the Indian people and a lot of other be ¥$1,100,000,000. propriations bills. things getting a 7 to 10 percent cut, and On page 43, line 12, the amount is deemed Congress can accept or reject those others getting as much as a 25 percent to be ¥$3,700,000,000. bills, but I believe we need to be bal- cut—I would not favor the level of On page 43, line 13, the amount is deemed anced in our approach to spending deci- funding for the first year, 1997, that I to be ¥$3,700,000,000. sions. did in this budget resolution. Mr. DOMENICI. This amendment is Under the Harkin-Specter amend- I have just allowed for the Senate to essentially across the appropriations ment, adding the $2.7 billion to edu- approve some additional money. We spectrum, that is, across all of the cation, training, and health would re- will go to conference with the House on bills, adds $5 billion in budget author- quire cutting nondefense programs by the budget resolution and see where it ity and $4 billion in outlays for non- another $1.2 billion. turns out. I am willing to discuss it defense discretionary programs for the What programs will be affected by further. There will not be a lot of time, year 1997. those cuts? with 30 seconds on a side, but essen- Mr. President, the Specter-Harkin WIC? Veterans health? The Environ- tially anybody who would like to talk amendment would provide $2.7 billion ment? Housing? Agriculture? Commu- to me about it tomorrow, I will be de- for the education and training and nity and rural development? Law en- lighted to do that. health functions using an across-the- forcement? Basic scientific research? Mr. President, how much time is re- board reduction to agency administra- Transportation? The space program? maining? tive budgets—both defense and non- To help pay for these addbacks, de- The PRESIDING OFFICER. The Sen- defense—including travel and contrac- fense programs would be cut by up to ator from New Mexico has 4 minutes.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5442 CONGRESSIONAL RECORD — SENATE May 21, 1996 The Senator from Nebraska has 11 min- MORNING BUSINESS open skies agreements already in place utes 40 seconds. Mr. GRASSLEY. Mr. President, I ask with 10 other European countries, the Mr. EXON. In view of the arrange- unanimous consent we now have a pe- United States/German open skies ment we have reached, I yield back the riod for morning business. agreement—which goes into full effect remainder of our time. The PRESIDING OFFICER. Is there later this week—is having precisely The PRESIDING OFFICER. Does the objection? Hearing no objection, it is that effect. Senator from New Mexico yield back so ordered. Simply put, the possible British Air- the time? ways/American Airlines alliance is a Mr. DOMENICI. Mr. President, I f competitive response to the United thank Senator EXON for his courtesies. UNITED STATES-UNITED KINGDOM States/German open skies agreement This has been a very difficult budget AVIATION RELATIONS and the grant of antitrust immunity to resolution, in the sense that we have the United Airlines/Lufthansa alliance. Mr. PRESSLER. Mr. President, I rise considered, overall, maybe more than If the Delta Air Lines alliance with today to discuss significant recent de- 50 amendments. While the Senator three smaller European carriers is velopments in our aviation relations from New Mexico thinks that many of granted a final antitrust immunity with the United Kingdom. If handled them, being sense of the Senate and order later this month, that alliance— properly by the administration, these not binding on anyone, probably used in combination with the United and developments could finally lead to full an awful lot of time that was not nec- Northwest alliances—will mean nearly liberalization of United States/United essary, that seems to be part of the 50 percent of passenger traffic between Kingdom air service, our largest inter- U.S. Senate, and I am not complaining the United States and the Europe will national aviation market. about it. But we have been here for a be carried on fully integrated alliances. Last week I spoke at some length in long time. That means we had to work I have predicted for some time British this body regarding my great frustra- together, and I think we did that very Airways would have no choice but to tion with the current state of aviation well. respond. It now appears to be doing so relations between our two nations. In To the Senators, many who cooper- by seeking to ally itself with the those remarks I predicted a time would strongest U.S. carrier available and, ul- ated in using small amounts of time so come when the British truly would their fellow Senators would have a timately, to seek antitrust immunity want some significant aviation rights for its new alliance. chance to offer their amendments with or regulatory relief from the United some explanation, I thank them, from Second, to what am I referring when States. When that time came, I said I I say the British should be required to both sides of the aisle, Democrat and fully expect the administration to de- Republican. pay a high price for the regulatory re- mand a very high price. I welcome re- lief British Airways’ new alliance With that, I yield the remainder of ports that time may be at hand. the time on the budget. would require? I believe the price tag Mr. President, I am referring to pub- must be nothing less than immediate Mr. EXON. Before you yield back, lished reports that British Airways, will you yield to me for just a moment? open skies. which presently controls a greater In the past, the British have been I want to return the nice compliment. share of the United States/United King- prone to redefine the term ‘‘full liber- Mr. DOMENICI. Certainly. dom air service market than all United alization’’ to mean ‘‘a balanced ex- Mr. EXON. I have always enjoyed States passenger carriers combined, is change of opportunities.’’ Therefore, working very closely with my friend close to announcing a major business let me make clear what I mean when I and colleague. We are going to have a alliance with American Airlines. In an- say open skies. To avoid any misunder- very tough day tomorrow. We are going ticipation of that announcement, Brit- standing, I believe the administration to move things as expeditiously as we ish negotiators came to Washington should make very clear to the British can. yesterday to assess the price tag for we expect at a minimum open third, At the proper time tomorrow, I will the regulatory relief the new alliance fourth and fifth freedom rights for all take time to publicly thank the excel- would require. I am pleased initial re- our passenger and cargo carriers. Of lent staff on this side and also the staff ports indicate the Department of course, this means that nothing less on that side of the aisle for being con- Transportation [DOT] reaffirmed its than open access to London’s Heathrow structive and helpful all the way longstanding position: Nothing short of Airport be included in the package. through. It has been, once again, a full liberalization of the United States/ Is this price too high? No, based on unique experience. I have appreciated United Kingdom air service market the recent history of United States/ the courtesy that is always extended to would be acceptable. United Kingdom aviation relations, I me by the chairman of the committee. Let me emphasize a critically impor- believe it is just about right. For in- Mr. DOMENICI. I thank Senator tant point. If the administration stance, I remember all too well how the EXON very much. stands firm, as I believe it must, the British Government treated the United Let me correct something. There current restrictive United States/ States in late 1990 and early 1991 when have been a number of requests on our United Kingdom bilateral aviation Pan Am was on the brink of shutting side and your side for 15 minutes in the agreement will be cast into the great down operations and needed imme- morning. So if I can correct it, we will trash heap of protectionist trade policy diately to sell its Heathrow routes to start voting at 9:15. That is what the where it belongs. This would be very survive. The British government unanimous consent will state. welcome news for the U.S. economy, all showed not one iota of sympathy. In- Mr. EXON. The 15 minutes will be U.S. air carriers and consumers. If the stead, at the urging of British Airways, morning business time? situation is handled poorly, however, for months the British Government Mr. DOMENICI. We will decide that we will have to explain to future gen- squeezed our government for maximum later. We will be back on the budget erations why we squandered our best compensation in exchange for approv- resolution at 9:15 instead of 9 o’clock. opportunity in decades to liberalize the ing that transaction as well as the sale Mr. EXON. At 9:15. United States/United Kingdom air serv- of TWA’s Heathrow routes. I hope we Mr. DOMENICI. I suggest the absence ice market. remember well the lessons of the so- of a quorum. Since my remarks last week, I have called Heathrow succession agreement. The PRESIDING OFFICER. The been asked several questions I wish to Is it realistic to demand the British clerk will call the roll. address. Government open Heathrow airport to The legislative clerk proceeded to First, am I surprised my prediction our carriers? Absolutely. The British call the roll. has come to pass so quickly? No, not in always seem able to find space at Mr. GRASSLEY. Mr. President, I ask the least. For nearly a year I touted an Heathrow for non-U.S. carriers who unanimous consent that the order for open skies agreement with Germany as pose less of a competitive challenge to the quorum call be rescinded. the ideal competitive tool to pry open British carriers. For instance, accord- The PRESIDING OFFICER. Without Britain’s significantly restrictive air ing to DOT, 24 of the airlines operating objection, it is so ordered. service market. In combination with at Heathrow in July 1995 did not have

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5443 any services there in July 1990. In addi- EC–2695. A communication from the Direc- EXECUTIVE REPORTS OF tion, British Airways controls 37 per- tor of the Regulations Policy Management COMMITTEES Staff, Office of Policy, Food and Drug Ad- cent of the slots at Heathrow. It clear- The following executive reports of ly is in a position to help resolve the ministration, Department of Health and Human Services, transmitting, pursuant to committees were submitted: access to Heathrow challenge. In short, law, the report of a final rule relative to By Mr. HATCH, from the Committee on British Airways controls its own des- amending the biologics regulations of the the Judiciary on May 20, 1996: tiny if it truly wants DOT approval for Food and Drug Administration to eliminate William A. Fletcher, of California, to be its proposed new alliance. the requirement for an establishment license U.S. circuit judge for the ninth circuit. Mr. President, let me conclude by application for certain biotechnology and (The above nomination was reported saying a truly historic opportunity synthetic biological products (RIN 0910– with the recommendation that he be AA71), received on May 16, 1996; to the Com- may be at hand to finally force the confirmed.) British to join us on the field of free mittee on Labor and Human Resources. f and fair air service competition. The EC–2696. A communication from the Sec- Administration must stand firm and retary of Health and Human Services, trans- INTRODUCTION OF BILLS AND make clear to the British Government mitting, the report of proposals for the reau- JOINT RESOLUTIONS that nothing short of an open skies thorization of the National Institutes of Health, received on May 16, 1996; to the Com- The following bills and joint resolu- agreement is the price tag for any reg- mittee on Labor and Human Resources. tions were introduced, read the first ulatory relief British Airways might and second time by unanimous con- seek in connection with its possible EC–2697. A communication from the Assist- ant Secretary for Employment Standards, sent, and referred as indicated: new alliance. A fully liberalized United Department of Labor, transmitting, pursu- By Mr. KENNEDY (for himself and Mr. States/United Kingdom air service ant to law, the report of a final rule con- KERRY): agreement is critical to our economy, cerning the amendments of the regulations S. 1785. A bill to establish in the Depart- United States airlines and consumers under the Migrant and Seasonal Agricultural ment of the Interior the Essex National Her- and I fully expect we will not squander Worker Protection Act to implement statu- itage Area Commission, and for other pur- this opportunity. tory changes to MSPA concerning the rela- poses; to the Committee on Energy and Nat- tionship between workers’ compensation ural Resources. f benefits and the benefits available under the By Mr. WELLSTONE: THE VERY BAD DEBT BOXSCORE MSPA (RIN 1215–AA93), received on May 16, S. 1786. A bill to require the Secretary of Veterans Affairs and the Secretary of Health Mr. HELMS. Mr. President, the im- 1996; to the Committee on Labor and Human Resources. and Human Resources to carry out a dem- pression will not go away: The $5 tril- onstration project to provide the Depart- EC–2698. A communication from the Man- lion Federal debt stands today as an in- ment of Veterans Affairs with reimburse- aging Director of the Federal Communica- creasingly grotesque parallel to the en- ment from the medicare program for health tions Commission, transmitting, pursuant to care services provided to certain medicare- ergizer bunny in the T.V. commercial law, the report of a final rule concerning the eligible veterans; to the Committee on Fi- that keeps moving and moving and implementation of Cable Act reform provi- nance. moving—precisely in the same manner sions of the Telecommunications Act of 1996, By Mr. PRESSLER (for himself, Mr. and to the same extent that the Presi- received on May 13, 1996; to the Committee D’AMATO, Mr. BREAUX, and Mr. on Commerce, Science, and Transportation. dent is sitting on his hands while the GRAHAM): Federal debt keeps going up and up and EC–2699. A communication from the Man- S. 1787. A bill to amend the Harmonized up into the stratosphere. aging Director of the Federal Communica- Tariff Schedule of the United States with re- Same old story. Some politicians tions Commission, transmitting, pursuant to spect to fireworks; to the Committee on Fi- talk a good game (‘‘talk’’ is the opera- law, the report of a final rule concerning the nance. tive word here) about cutting Federal Table of Allotments, FM Broadcast Stations, By Mr. FAIRCLOTH: spending and thereby bringing the Fed- Cornell, Wisconsin, received on May 13, 1996; S. 1788. A bill to amend the National Labor to the Committee on Commerce, Science, eral debt under control. (But watch Relations Act and the Railway Labor Act to and Transportation. repeal those provisions of Federal law that what they do when efforts are made to EC–2700. A communication from the Man- require employees to pay union dues or fees balance the Federal budget.) as a condition of employment, and for other Mr. President, as of the close of busi- aging Director of the Federal Communica- tions Commission, transmitting, pursuant to purposes; read the first time. ness yesterday, Monday, May 20, the law, the report of a final rule concerning the f Federal debt stood at exactly Citizens Utilities Company Permanent Cost SUBMISSION OF CONCURRENT AND $5,114,232,705,195.00 (which amounts to Allocation Manual for the Separation of Reg- $19,306.97 per man, woman, child on a ulated and Nonregulated Costs, received on SENATE RESOLUTIONS per capita basis). May 13, 1996; to the Committee on Com- The following concurrent resolutions f merce, Science, and Transportation. and Senate resolutions were read, and EC–2701. A communication from the Man- referred (or acted upon), as indicated: EXECUTIVE AND OTHER aging Director of the Federal Communica- COMMUNICATIONS By Mr. LOTT (for himself, Mr. THUR- tions Commission, transmitting, pursuant to MOND, Mr. NUNN, Mr. WARNER, Mr. The following communications were law, the report of a final rule concerning the COHEN, Mr. SANTORUM, Mr. INHOFE, laid before the Senate, together with implementation of Section 273 of the Com- Mr. KEMPTHORNE, Mr. BINGAMAN, Mr. accompanying papers, reports, and doc- munications Act of 1934, as Amended by the COATS, Mr. SMITH, Mr. EXON, Mrs. uments, which were referred as indi- Telecommunications Act of 1996—Dispute HUTCHISON, Mr. MCCAIN, Mr. Resolution Regarding Equipment Standards, cated: DASCHLE, Mr. LEVIN, Mr. AKAKA, Mr. received on May 13, 1996; to the Committee BRADLEY, Ms. MIKULSKI, Mr. BRYAN, EC–2693. A communication from the Direc- on Commerce, Science and Transportation. Mr. SARBANES, Mr. DORGAN, Mr. tor of the Office of Regulations Management, LIEBERMAN, Mr. SIMON, Mr. GRAHAM, Department of Veterans Affairs, transmit- EC–2702. A communication from the Man- Mrs. FEINSTEIN, Mr. GLENN, Mr. REID, ting, pursuant to law, the report of a final aging Director of the Federal Communica- Mr. JOHNSTON, Mr. ROBB, Mr. INOUYE, rule concerning the amending of the edu- tions Commission, transmitting, pursuant to Mr. KOHL, Mr. FORD, Mr. KERREY, Mr. cational assistance regulations (RIN 2900– law, the report of a final rule concerning the DODD, Mr. BUMPERS, Mr. PELL, Mr. AH60), received on May 16, 1996; to the Com- Table of Allotments, FM Broadcast Stations, FEINGOLD, Mr. LEAHY, Mr. MOYNIHAN, mittee on Veterans’ Affairs. Coolidge and Gilbert, Arizona, received on Mr. KENNEDY, Mrs. BOXER, Mrs. MUR- EC–2694. A communication from the Direc- May 13, 1996; to the Committee on Com- merce, Science, and Transportation. RAY, and Ms. MOSELEY-BRAUN): tor of the Office of Regulations Management, S. Res. 255. A resolution to honor Admiral Department of Veterans Affairs, transmit- EC–2703. A communication from the Gen- Jeremy M. ‘‘Mike’’ Boorda; considered and ting, pursuant to law, the report of a final eral Counsel of the Department of Transpor- agreed to. rule concerning the correction of a repay- tation, transmitting, pursuant to law, the re- ment formula for health care professionals port of a final rule concerning the prohibi- f who fail to comply with service obligation tion against certain flights within the terri- STATEMENTS ON INTRODUCED under the VA Health Professional Scholar- tory and airspace of Afghanistan (RIN 2120- BILLS AND JOINT RESOLUTIONS ship Program (RIN 2900–AH99), received on AG10), received on May 13, 1996; to the Com- May 16, 1996; to the Committee on Veterans’ mittee on Commerce, Science, and Transpor- By Mr. KENNEDY (for himself Affairs. tation. and Mr. KERRY):

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5444 CONGRESSIONAL RECORD — SENATE May 21, 1996 S. 1785. A bill to establish in the De- pological collections; and many his- At the county level, an Essex Herit- partment of the Interior the Essex Na- toric buildings associated with the life age Commission, comprised of 46 volun- tional Heritage Area Commission, and and work of one of America’s most fa- teer members from the private sector for other purposes; to the Committee mous authors, Nathaniel Hawthorne. and municipal and State governments, on Energy and Natural Resources. Salem also has many homes, meeting is already well underway toward devel- THE ESSEX NATIONAL HERITAGE AREA ACT OF sites, and cemeteries associated with oping an action plan for regional trails 1996 the notorious witchcraft trials of 1692, and exhibits. This fall, the Commission Mr. KENNEDY. Mr. President, Sen- which serve to remind residents and plans to install a regional signage sys- ator KERRY and I are introducing legis- visitors alike of the dangers of witch tem on the Federal and State highways lation today to establish the Essex hunts and the importance of the indi- to serve as a magnet and bring people Heritage District and Commission. The vidual rights built into our Constitu- into the Essex Heritage Area District. purpose of our legislation is to preserve tion a century later. Many community officials, board mem- for future generations the unique his- The purpose of our legislation is to bers, and representatives from other toric, cultural, and natural resources preserve these extraordinary resources preservation and environmental orga- of Essex County, MA. A companion bill and make them available to the public. nizations are providing valuable assist- has been introduced in the House of The Commission will carry out the ance and coordination. But there is Representatives by Congressmen mission proposed in the Salem Project, much more to be done, and it is time PETER TORKILDSEN and MARTIN MEE- a report issued by the National Park for the Federal Government to play a HAN. Service in January 1990, which sug- role in this promising endeavor. Essex County is the site of many his- gested a broadening of Federal recogni- Its success so far has been based on torical events that have profoundly in- tion beyond the boundaries of Salem the ability of people with many dif- fluenced the course of American his- itself, to take into account the shared ferent perspectives to work together. tory over the past 350 years. Con- historic themes formed throughout This legislation will help them go for- centrated in this area of less than 500 Essex County. ward in effective and efficient ways, as square miles are more than 8,300 Na- The success of the preservation effort they work to bring the region together tional Register properties and 23 na- at Salem Maritime National Historic and preserve these magnificent histor- tional historic landmarks related to Site, the oldest such site in the coun- ical resources for the enjoyment of the early settlement of the United try, established in 1938, has encouraged generations to come. I urge my col- States, the country’s emergence as a local initiatives in many of the sur- leagues to support this important ini- major maritime power, and its subse- rounding communities. Our legislation tiative. quent industrial development. will build on that local interest by pro- Mr. President, I ask unanimous con- The historic sites include many ex- viding a management framework for sent that the text of the bill be printed amples of nationally significant early the preservation efforts of these var- in the RECORD. architecture, including some of the fin- ious jurisdictions. Our goal is to pro- There being no objection, the bill was est examples of Georgian and Federal tect and preserve these nationally sig- ordered to be printed in the RECORD, as architecture to be found in the United nificant resources in ways that present follows: States. Also still intact are 17th cen- a unified interpretive story for visitors, S. 1785 tury marshland farms and rural home so that they can readily understand Be it enacted by the Senate and House of Rep- sites clustered around original com- the relationships among the historic resentatives of the United States of America in Congress assembled, mons. Active harbors have been in con- sites throughout the county. The Com- SECTION 1. SHORT TITLE. tinuous use since the 17th century. mission will provide guidance to local This Act may be cited as the ‘‘Essex Na- Local shipyards, lighthouses, and dis- communities and the State to ensure tional Heritage Area Act of 1996.’’ tinctive maritime communities exem- that the goal is achieved. Our bill does SEC. 2. FINDINGS AND PURPOSE. plify 18th century life. The first inte- not propose major Federal land acqui- (a) FINDINGS.—The Congress finds that— grated iron works in America are still sition or a Federal bureaucracy. Its (1) Essex County, Massachusetts, was host in operation under the auspices of the modest Federal involvement will help to a series of historic events that influenced National Park Service. Textile mill vil- local efforts to proceed smoothly. the course of the early settlement of the lages and ‘‘10-foot’’ shops where shoes The success of the Essex Heritage United States, its emergence as a maritime District and Commission depends on power, and its subsequent industrial develop- were made and sold in 10-foot-by-10- ment; foot rooms still remain largely as they broad-based support and participation (2) the North Shore of Essex County and were in the 19th century. by private citizens, businesses, non- the Merrimack River valley in Essex County Essex County also has extensive nat- profit institutions and local, regional, contain examples of significant early Amer- ural and scenic resources—marshlands, and State governments. The majority ican architecture and significant Federal-pe- beaches, harbors, rocky farmlands, and of funds to implement the countywide riod architecture, many sites and buildings islands—which amply demonstrate why recommendations in the National Park associated with the establishment of the maritime pursuits and water-powered Service report is expected to come maritime trade in the United States, the site industrial development first began from the private sector and local of the witchcraft trials of 1692, the birthplace of successful iron manufacture, and the es- here. sources. tablishment of the textile and leather indus- At the heart of this region lies the Salem has demonstrated how suc- tries in and around the cities of Peabody, city of Salem. It was settled in 1626, 6 cessful this approach can be. In the Beverly, Lynn, Lawrence, and Haverhill; years after the Pilgrims landed in past 8 years, Federal appropriations of (3) Salem, Massachusetts, has a rich herit- Plymouth. It became one of the most $24 million for Salem Maritime Na- age as one of the earliest landing sites of the active ports in the United States in the tional Historic Site have led to more English colonists, the first major world har- 18th century, conducting trade than $150 million in private, municipal, bor for the United States, and an early thriv- throughout the world and opening and State investments in projects ing hub of American industries; many new markets for imports and ex- which relate to the proposed Essex Her- (4) the Saugus Iron Works National His- toric Site is the site of the first sustained, ports. Salem retains a wealth of re- itage District. For example, the Pea- integrated iron works in Colonial America, sources from this period, including one body Essex Museum has planned a $75 and the technology employed at the Iron of the country’s few remaining colo- million expansion which will include Works was dispersed throughout the Colo- nial-period wharves; classic 17th cen- renovation of the Salem Armory build- nies and was critical to the development of tury structures; four major historic ing that now houses the Regional Vis- industry and technology in America; districts encompassing thousands of fa- itor Center run by the Park Service. (5) the Salem Maritime National Historic cilities which preserve Salem as it ap- The city of Salem is also planning an Site contains nationally significant re- peared in the late 18th century; the $18 million expansion of its port facili- sources that explain the manner in which the Nation was settled, its evolution into a internationally renowned Peabody ties, and has successfully pursued maritime power, and its development as a Essex Museum, containing major col- matching funds for the reconstruction major industrial force; lections of maritime art and history. of the 18th century merchant ship (6) the story told at the Salem Maritime Chinese export wares and early anthro- Friendship. and Saugus Iron Works National Historic

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Sites would be greatly enhanced through the (c) ADMINISTRATION.—The Area shall be ad- (d) VACANCY.—Any member of the Commis- interpretation of significant theme-related ministered in accordance with the provisions sion appointed for a definite term may serve resources in Salem and Saugus and through- of this Act. after the expiration of his term until his suc- out Essex County; TITLE II—ESSEX NATIONAL HERITAGE cessor is appointed. Any vacancy in the Com- (7) partnerships between the private and AREA COMMISSION mission shall be filled in the same manner in public sectors have been created and addi- SEC. 201. ESTABLISHMENT. which the original appointment was made. tional partnerships will be encouraged to (a) IN GENERAL.—To carry out the purpose The term of any member appointed to fill a preserve the rich cultural heritage of the re- of this Act there is hereby established in the vacancy shall be the remainder of the term gion, which will stimulate cultural aware- Department of the Interior the Essex Na- for which the member’s predecessor was ap- ness, preservation, and economic develop- tional Heritage Area Commission. The Com- pointed. ment through tourism; mission shall exercise the responsibilities (e) QUORUM.—A simple majority of Com- (8) a visitors’ center that has already been and authorities conferred on the Commission mission members shall constitute a quorum. constructed at Salem Maritime National by this title with respect to the Area. The (f) MEETINGS.—The Commission shall meet Historic Site in Salem, Massachusetts, will Commission shall consist of 33 members (in- at the call of the chairperson or a majority be available to interpret the themes of the cluding ex officio members), appointed by of its members, but not less than quarterly. Essex National Heritage Area established by the Secretary, as follows: (g) COMPENSATION.—Members of the Com- this Act and to coordinate the interpretive (1) Five members appointed from rec- mission shall serve without compensation, and preservation activities of the Area; and ommendations submitted by the Governor of except as otherwise provided in this sub- (9) the resident and business communities Massachusetts, of which one shall represent section. Members of the Commission may re- of the region have formed the Essex Heritage the interests of the Massachusetts Historical ceive travel expenses (including per diem in Ad Hoc Commission for the preservation, in- Commission, one shall represent the Execu- lieu of subsistence) when engaged in Com- terpretation, promotion, and development of tive Office of Environmental Management, mission business, in accordance with section the historic, cultural, and natural resources one shall represent the Massachusetts Exec- 5703, title 5, United States Code, in the same of the region and are investing significant utive Office of Transportation and Highways, manner as persons employed intermittently. private funds and energy to develop a plan to one shall represent the Executive Office of SEC. 202. STAFF OF THE COMMISSION. preserve the nationally significant resources Administration and Finance, and one shall (a) STAFF.—(1) The Commission shall have of Essex County. represent the Executive Office of Commu- the power to appoint and fix the compensa- (b) PURPOSE.—It is the purpose of this nities and Development. tion of such staff as may be necessary to Act— (2) Eleven members representing the inter- (1) to establish the Essex National Herit- carry out its duties. ests of local government, appointed from (2) Staff appointed by the Commission— age Area and the Essex National National recommendations submitted as follows: Heritage Area Commission, representing all (A) shall be appointed subject to the provi- (A) One each from recommendations sub- sions of title 5, United States Code, gov- concerned levels of government, to recog- mitted by the mayors of the cities of Pea- nize, preserve, promote, interpret, and make erning appointments in the competitive body, Salem, Lynn, Lawrence, Haverhill, services; and available for the benefit of the public the Newburyport, Beverly, and Gloucester. historic, cultural, and natural resources of (B) shall be paid in accordance with the (B) Three representing the towns of Essex provisions of chapter 51 of title 5, United the North Shore and lower Merrimack River County, from recommendations submitted valley in Essex County, Massachusetts, States Code, and subchapter III of chapter 53 by the Essex County Advisory Board. of such title, relating to classification and which encompass the three primary themes (3) Eight members representing local busi- of the Salem Maritime National Historic General Schedule pay rates. ness, nonprofit organizations, and other non- (b) EXPERTS AND CONSULTANTS.—Subject to Site and Saugus Iron Works National His- governmental groups, appointed from rec- toric Site (the histories of early settlement, such rules as may be adopted by the Com- ommendations submitted as follows: mission, the Commission may procure serv- maritime trade, and the textile and leather (A) Two from recommendations submitted industries); ices of experts and consultants to the same by the Salem Partnership. extent as is authorized by section 3109(b) of (2) to implement the appropriate alter- (B) One each from recommendations sub- native as described in the document entitled title 5, United States Code, but at rates de- mitted by the Lynn Business Partnership, termined by the Commission to be reason- ‘‘The Salem Project: A Study of Alter- the Greater Haverhill Chamber of Com- able. natives’’, dated January 1990, within the merce, the Cape Ann Chamber of Commerce, (c) STAFF AND OTHER AGENCIES.—(1) Upon boundaries of Essex County; and the Merrimack Valley Chamber of Com- request of the Commission, the head of any (3) to provide a management framework to merce, the North Shore Chamber of Com- Federal agency may detail, on a reimburs- assist the Commonwealth of Massachusetts merce, and the Society for the Preservation able basis, any of the personnel of such agen- and its units of local government in the de- of New England Antiquities. cy to the Commission to assist the Commis- velopment and implementation of an inte- (4) Three members representing nonprofit sion in carrying out the Commission’s du- grated cultural, historical, and land resource organizations which have significant inter- ties. management program in order to retain, en- ests and resources located in the Area, from (2) The Commission may accept the serv- hance, and interpret the significant values of recommendations submitted as follows: ices of personnel detailed from the Common- the lands, waters, and structures located in (A) One from recommendations submitted wealth of Massachusetts (and any political the Essex National Heritage Area. by the Peabody Essex Museum, to represent subdivision thereof) and may reimburse the SEC. 3. DEFINITIONS. the interests of major museums. Commonwealth or political subdivision for For purposes of this Act: (B) One from recommendations submitted the services. (1) The term ‘‘Commission’’ means the by the Essex County Greenbelt Association, (d) ADMINISTRATIVE SUPPORT.—The Admin- Essex National Heritage Area Commission to represent the interests of the natural re- istrator of the General Services Administra- established by section 201. sources of the Area. tion shall provide to the Commission such (2) The term ‘‘Area’’ means the Essex Na- (C) One from recommendations submitted administrative support services as the Com- tional Heritage Area established by section by the President of Salem State College, to mission may request, on a reimbursable 101. represent the interests of institutions of basis. (3) The term ‘‘Secretary’’ means the Sec- higher education. retary of the Interior. (5) The Director of the National Park Serv- SEC. 203. POWERS OF THE COMMISSION. TITLE I—ESSEX NATIONAL HERITAGE ice, ex officio, or the delegate of the Direc- (a) IN GENERAL.—The Commission may for AREA tor, the superintendent of the Salem Mari- the purpose of carrying out this Act hold time National Historic Site, ex officio, or the such hearings, sit and act at such times and SEC. 101. DESIGNATION OF NATIONAL HERITAGE places, take such testimony, and receive AREA. delegate of the superintendent, and the su- such evidence, as the Commission may deem (a) DESIGNATION.—For the purpose of pre- perintendent of the Saugus Ironworks Na- serving and interpreting, for the educational tional Historic Site, ex officio, or the dele- advisable. and inspirational benefit of present and fu- gate of the superintendent. (b) BYLAWS.—The Commission may make ture generations, the unique and significant (6) One member recommended by the Rep- such bylaws, rules and regulations, con- contributions to our national heritage of cer- resentative to the Congress from the Fifth sistent with this Act, as it considers nec- tain historic and cultural lands, natural wa- Congressional District of Massachusetts. essary to carry out its functions under this terways, and structures within the County of (7) Two members recommended by the Rep- title. Essex in the Commonwealth of Massachu- resentative to the Congress from the Sixth (c) DELEGATION.—When so authorized by setts, there is hereby established the Essex Congressional District of Massachusetts. the Commission, any member or agent of the National Heritage Area. (b) TERMS.—The term of appointed mem- Commission may take any action which the (b) BOUNDARIES.—The Area shall comprise bers of the Commission shall be 3 years, ex- Commission is authorized to take by this the lands generally depicted on the map cept as provided in subsection (d). section. numbered NAR–51–80,000 and dated August (c) CHAIRPERSON.—The Commission shall (d) TECHNICAL ADVISORY GROUPS.—The 1994. The map shall be on file and available elect a chairperson from among its members. Commission may establish and appoint one for public inspection in the office of the Di- The term of office of the chairperson shall be or more technical advisory groups and sub- rector of the National Park Service. 2 years. committees to provide technical advice to

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the Commission with respect to issues in- (1) REPORTS BY COMMISSION.—The Commis- 501(c)(3) of the Internal Revenue Code of 1986, cluding, but not limited to, financing, his- sion shall submit an annual report to the to continue as necessary the functions of the toric preservation, natural resource preser- Secretary setting forth its expenses and in- Commission and the management of the vation, recreation, tourism, or intergovern- come and the entities to which any loans and Area upon the expiration of the Commission. mental coordination. grants were made by the Commission during (c) PROPERTY OR FUNDS REMAINING.—Any (e) GIFTS.—Notwithstanding any other pro- the year for which the report is made. property or funds of the Commission remain- vision of law, the Commission may seek, ac- (2) REPORTS BY SECRETARY.—The Secretary ing upon the expiration of the Commission cept, and dispose of donations of funds, prop- shall submit an annual report to the Con- shall be transferred to the nonprofit manage- erty, or services from individuals, from foun- gress describing the loans, grants, and tech- ment entity referred to in subsection (b), if dations, corporations, and other private enti- nical assistance provided under this Act. The such an entity exists and is willing to accept ties, and from public entities, for the purpose report shall specify the amount, recipient, the transfer. If such an entity does not exist of carrying out its duties. and purpose of any loan, grant, or technical or is not willing to accept such transfer, the (f) FUNDS FROM OTHER SOURCES.—The Com- assistance so provided, and shall include an property or funds referred to in the pre- mission may use its funds to obtain money analysis of the adequacy of actions taken ceding sentence shall be transferred to the from any source under any program or law, during the year the report concerns to pre- Treasury of the United States, to a State or including a program or law requiring the re- serve, protect, and interpret the significant local government agency, or to any combina- cipient of such money to make a contribu- sites, buildings, and objects within the Area. tion thereof, as determined by the Commis- tion in order to receive such money. The report shall describe the anticipated sion or, if the Commission fails to so deter- (g) MAIL.—The Commission may use the funds and personnel to be made available by mine and such an entity exists, by the non- United States mails in the same manner and the Secretary during the fiscal year fol- profit management entity referred to in sub- upon the same conditions as other depart- lowing the year the report concerns to im- section (b). ments and agencies of the United States. plement the provisions of this Act. SEC. 207. PRIVATE PROPERTY. (h) OBTAINING PROPERTY, FACILITIES AND (c) COST ESTIMATES.—Prior to making any No privately owned property shall be in- SERVICES.—The Commission may obtain by grant or loan, the Commission shall require cluded within the boundaries of the Area un- purchase, rental, donation, or otherwise, detailed cost estimates to be prepared for the less the government of the county, city, or such property, facilities, and services as may project to be funded. Within 1 year after the town in which the property is located agrees be needed to carry out its duties. The Com- date of the enactment of this Act, the Com- to be so included and submits notification of mission may acquire real property, or inter- mission shall submit to the appropriate com- such agreement to the Secretary. ests in real property, in the Area only by mittees of the Congress detailed cost esti- SEC. 208. AUTHORIZATION OF APPROPRIATIONS. gift, by rental, or by purchase from a willing mates for the projects for which, at the time There are hereby authorized to be appro- seller with money which was given, be- the report is submitted, the Commission has priated such sums as may be necessary to queathed, or appropriated to the Commission made, has agreed to make, or plans to make carry out this Act. on the condition that such money would be a grant or loan under this Act. Mr. KERRY. Mr. President, I am used to purchase real property, or interests SEC. 205. DUTIES OF THE SECRETARY. pleased to join, once again, with my in real property, in the Area. (a) IN GENERAL.—To carry out the purpose (i) ADVISORY GROUPS.—The Commission of this Act, the Secretary shall assist the colleague from Massachusetts, Senator may establish such advisory groups as the Commission in preparing such studies and KENNEDY, in introducing legislation to Commission deems necessary to ensure open plans as the Secretary considers appropriate create the Essex Heritage District and communication with, and assistance from, and in implementing the recommendations Commission with the goal of preserving the Commonwealth of Massachusetts, polit- contained in study report prepared by the the unique resources of Essex County, ical subdivisions of the Commonwealth of Essex Heritage Ad-Hoc Commission. The MA for future generations. Massachusetts, and interested persons. Secretary is authorized to enter into agree- Essex County, which stretches (j) COOPERATIVE AGREEMENTS.—The Com- ments with the Commission or with any through Massachusetts’ North Shore mission may enter into cooperative agree- owner of property with national historic or communities into the Merrimac River ments with the Secretary, the Common- cultural significance within the Area for the wealth of Massachusetts, any political sub- purpose of facilitating public use and enjoy- Valley and up to the New Hampshire division of the Commonwealth, or any per- ment of such resources or to otherwise fur- border, represents a mural of American son. ther the objectives of the Commission. Any history with its architecture, industry, SEC. 204. FUNCTIONS OF THE COMMISSION. such agreement shall provide whenever ap- and culture. Within a county of only (a) IN GENERAL.—The Commission is au- propriate that— 500 square miles, there are nearly 80 thorized to— (1) the public may have access to such re- historic districts which offer more ex- (1) coordinate activities of and establish sources at specified, reasonable times for the amples of nationally significant early cooperative agreements with Federal, State, purpose of viewing the property or exhibits American architecture than any other or attending programs or other activities, as and local governments and private busi- place in the Nation. Included among nesses and organizations in order to further may be appropriate; historic preservation, cultural conservation, (2) the Secretary may make improvements these historical structures are 17th natural area protection, and compatible re- to such resources as the Commission or the century marshland farms, rural homes, vitalization with respect to the Area; Secretary deem necessary to enhance the cemeteries, and original town com- (2) establish guidelines and standards for public use and enjoyment of the resources, or mons. The shoreline of Essex County projects and prepare programs and exhibits, to render such property usable by the Sec- contains shipyards, lighthouses, and consistent with standards established by the retary, the Commission, or any person for harbors that have been active since the National Park Service for preservation of the purpose of this Act; and 17th century. (3) the Secretary may occupy, utilize, and historic properties (including standards re- Together, these sites form a pano- garding interpretive methods), that will fur- acquire easements or leasehold interests in ther the recognition, preservation, pro- resources as required to implement the pro- rama of our Nation’s development as a motion, interpretation, and economic revi- grams and purpose of this Act. maritime and industrial power. In the talization of the historic and natural re- (b) TECHNICAL ASSISTANCE.—The Secretary 18th century, this region became a sources in the Area; shall provide, upon request, technical assist- mecca for American trade, a hub for (3) provide advice and assistance in prepa- ance to the Commission to assist the Com- trading goods with the other great ration of loan or grant applications to the mission in the performance of its powers and trading nations. In response, the region Commission and applications for loan or functions as authorized under this Act. The flourished as a manufacturing center, Secretary may provide to any owner of prop- grants from Federal or non-Federal sources which led to the establishment and in furtherance of the purpose of this Act; erty within the Area, to the Commonwealth (4) make loans and grants, from funds ap- of Massachusetts, to the City of Salem and growth of the textile and leather indus- propriated for that purpose or from funds do- other participating municipalities, to any tries in the Merrimac River Valley nated or otherwise made available to the other Federal or State entity, to any institu- towns of Peabody, Lawrence, Beverly, Commission, for the purpose of conserving tion, or to any person such technical assist- and Haverhill. The history of this and protecting sites, buildings, resources, ance as the Secretary considers appropriate growth is evident today in the textile and objects which are included or eligible for to carry out the purpose of this Act. mill villages, the first sustained inte- inclusion on the National Register of His- SEC. 206. EXPIRATION. grated iron works site, and one of the toric Places or for the purposes of providing (a) IN GENERAL.—The Commission shall most significant planned manufac- educational and cultural programs which en- cease to exist 10 years after the date of the turing cities in the country, all of courage appreciation of the resources of the enactment of this Act. Area; and (b) SUCCESSOR ENTITY.—The Commission which remain largely intact today. (5) implement the study report prepared by shall assist, if appropriate, in the establish- At the heart of all this activity is the the Essex Heritage Ad-Hoc Commission. ment of a nonprofit management entity, ex- city of Salem. While Salem is famous (b) ANNUAL REPORTS.— empt from income taxes under section in the history books and in American

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5447 lore as the site of the 1692 witch trials, provide the Department of Veterans patient care would be more appro- it is equally important as an early Affairs with reimbursement from the priate, user-friendly and cost effective. landing point for some of the first Medicare Program for health care serv- I believe that Medicare reimburse- English colonists and as one of the ices provided to certain Medicare-eligi- ment is an important and, with an most active ports of the 18th century. ble veterans; to the Committee on Fi- aging veterans population, even an es- An amazing number of these historical nance. sential component of eligibility re- resources remain intact including a co- VA HEALTH CARE ELIGIBILITY LEGISLATION form. My view is shared by major vet- lonial period wharf and 17th and 18th Mr. WELLSTONE. Madam President, erans service organizations [VSO’s] century structures exemplifying Puri- I am pleased and honored to introduce which have submitted two different eli- tan society. legislation which I believe will dem- gibility reform proposals that would A tour through the historic districts onstrate the cost effectiveness and fea- authorize the VA to receive Medicare of Essex County is a visual lesson in sibility of Medicare subvention funding reimbursement for treating Medicare- this important period of our Nation’s to the Department of Veterans Affairs eligible veterans. Medicare reimburse- past. We are lucky that so many of [VA] for treatment of some Medicare- ment will allow the VA to offset the these historical resources remain to eligible veterans at VA medical facili- costs of delivering care to older vet- provide such a detailed record and we ties. This legislation would authorize a erans who may gain access to out- must work to ensure their continued demonstration project of Medicare sub- patient and preventive care when eligi- protection through the creation of the vention whereby Medicare would reim- bility reform legislation is enacted. Essex Heritage District Commission. burse VA for delivering health care to The GAO, however, has questioned The Commission, which would be au- some veterans age 65 and over. both the feasibility and cost of pro- thorized for 10 years, would provide the My legislation would authorize the viding Medicare reimbursement to the long-term commitment that is needed Secretaries of Veterans Affairs and of VA. While I lean toward the VSO’s to bring about the success of this Health and Human Services to enter view that Medicare reimbursement project. Of course, the primary mission into an agreement to carry out the would be both feasible and cost-effec- would be preservation, but more than demonstration project. This bill would tive, the only way to prove it is by this, the Commission will take individ- bar reimbursement to the VA until the means of a demonstration project. This ually preserved resources and link expenditure for health care services for is precisely what my legislation au- them through a unified interpretive participating veterans by a veterans thorizes. story of this region and its place in our integrated service network exceeds the Second, because the VA is facing and Nation’s history. amount that the VA would expend for will likely continue to face severe While the Commission will be char- such services in the absence of the funding constraints that probably will tered by Federal legislation, it will not project. reduce its capabilities to provide ac- be a project managed by the Federal In effect, this ensures that VA will cess to quality health care, the VA will Government nor will it require major receive Medicare reimbursement only be under strong pressure to deny some Federal land acquisition. Instead, the for additional health care costs that vital health care services to Medicare- Commission will be comprised pri- are directly attributable to the dem- eligible veterans. marily of delegates from the State and onstration project. My bill would en- In recent years the VA health care local governments, nonprofit organiza- sure that costs to the Medicare pro- budget has lagged behind medical cost tions, and private citizens and business gram of providing services under the inflation and under the budget resolu- interests from the participating com- project do not exceed the usual costs tion adopted by Congress last year the munities. Medicare would incur in providing such VA medical care budget would be fro- This approach should prove very suc- services. zen for 7 years, thus lagging behind cessful based upon the past efforts at To prevent red tape from delaying overall inflation and probably even fur- the Salem Maritime National Historic the start of this test, the legislation ther behind medical cost inflation. As a Site which has leveraged significant specifies that VA health care facilities consequence, the VA may be compelled local support from the surrounding chosen to participate in the demonstra- to further ration care, with veterans 65 communities. For example, in the past tion project will automatically be and over one of the groups likely to be 8 years, Federal appropriations of $24 deemed to meet Medicare standards. affected. Even before the VA was faced million for the Salem Maritime Site Reimbursement to the VA will be on a with a flat health care budget, many of have leveraged more than $150 million capitated basis and veterans age 65 and its facilities were compelled to resort in non-Federal investments in Essex over who are not eligible for VA health to rationing. Heritage District projects, including care for a service-connected disability In this connection it is important to support for the planned $75 million ex- may be selected to participate in the note that recent GAO testimony before pansion of the Peabody Essex Museum project. the Senate Subcommittee on VA, HUD, which will include renovation of the Madam President, I now want to ad- and Independent Agencies Appropria- Salem Armory building that now dress the two key reasons I am intro- tions underscored the fact that in 1993 houses the Regional Visitor Center run ducing this legislation and will press ‘‘118 VA medical centers reported ra- by the National Park Service. for its passage. First, reforming vet- tioning some types of care to eligible Our bill would create a system under erans’ health care is one of my highest veterans when the centers ran short of which various community groups can priorities and I am quite frankly dis- resources.’’ There is no doubt whatever come together to develop their own appointed that the Senate has not yet that a flat VA health care budget for 7 goals by combining historic and re- emulated the House in taking signifi- years can only lead to more extensive source preservation with economic con- cant bipartisan legislative action to re- rationing of health care for veterans. cerns. The preservation activities form unwieldy, arcane, and obsolete This will further fray our solemn con- which have already begun in Essex eligibility rules that Minnesota and tract with the men and women who County have enhanced the region as other veterans face when they visit VA selflessly defended our country. visitor attractions for its historic sites, hospitals and clinics. While Secretary Madam President, this bill is in- its picturesque scenery, and its desir- of Veterans Affairs Jesse Brown and tended to ensure that our aging vet- ability as a place to live and do busi- his Under Secretary for Health Ken erans population is not denied access ness. I hope the Senate will act to en- Kizer have taken bold and innovative to VA health care precisely when they sure this success through swift and steps to modernize, restructure and de- need it most. I believe that this dem- positive action on this bill. centralize VA health care, their efforts onstration project will show that Medi- to overhaul the VA health care sys- care subvention will at least be budget By Mr. WELLSTONE: tem—so that it will remain viable and neutral, and may even save Medicare S. 1786. A bill to require the Sec- serve the needs of veterans into the dollars by using less costly VA care. retary of Veterans Affairs and the Sec- 21st century—are being hamstrung by But I would hope that even those who retary of Health and Human Resources outmoded eligibility criteria that do not share my views would agree to carry out a demonstration project to stress inpatient care even when out- that the demonstration project that I

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5448 CONGRESSIONAL RECORD — SENATE May 21, 1996 am proposing is the best way of deter- Also, Madam President, I want to Fourth of July celebrations. Many mining the impact on Medicare, the mention that Dr. Ken Kizer, with the towns simply are unable to afford the VA, and most important, our aging VA health care system, I think is real- higher fireworks prices and some may veterans. These brave men and women ly making a heroic effort to think forego these celebrations altogether. deserve the best health care that can deeply about VA health care and where It’s a sad fact that one unfortunate be provided, not rationed care whose it is going into the next century. consequence leads to others. quality is determined by an eroding VA I think he is joined by Secretary These problems are especially trou- health care budget and not by the Jesse Brown. Secretary Brown, in my blesome for rural areas. Small cities health care needs of veterans who view as a Senator from Minnesota—and and towns do not have a wide variety risked their lives for this country at I think I have been a fierce advocate of options for purchasing their fire- times when it was in dire peril. for veterans—has been a very powerful works. A dramatic increase in the cost Madam President, improving and and very articulate advocate for vet- of fireworks leaves these towns with protecting health care for the increas- erans in this country. I know that he very few alternatives. The ripple effect ing numbers of older veterans should has put health care eligibility reform of this is that the small companies be a priority issue for my colleagues on at the very top of his list of priorities. that serve as fireworks distributors both sides of the aisle. I hope all of my I know that he cares deeply about vet- suffer sales losses. colleagues will carefully scrutinize this erans. I know as someone who was very This is not just mere speculation. bill, strongly support it, and join me in active within the DAV, Disabled Vet- There is a family-owned business in my the fight to ensure its passage. erans of America, he knows these State of South Dakota called Rich Madam President, I am introducing a issues. They are not abstract or intel- Bros. Fireworks. Michael Rich and his bill today that focuses on health care lectual to him. He came to this Cabinet family serve the small towns across eligibility in the VA health care sys- position as someone who has been down our State. The Rich family does it be- tem. It is, interestingly enough, analo- in the trenches struggling not only for cause they enjoy the service they pro- gous to a bill that the majority leader, disabled veterans but for all vets. vide. Mr. President, this is not a highly Senator DOLE, has introduced that es- So with the time I have on the floor, profitable business to begin with, and sentially says for those Department of again I am devoted to this piece of leg- the higher prices resulting from the Defense retirees, that there can be a islation which I have introduced. I GATT implementing legislation have Medicare third-party payment for them think there is going to be strong bipar- caused demand to decline. Michael to continue to receive health care tisan support for this. Rich has informed me that unless cor- within the military health care sys- I also want to say a few words about rective action is taken, they may be tem. That is put on a demonstration the Secretary of Veterans Affairs be- forced to close their business by the project basis. I think it is an important cause I think he has been a great Sec- end of the year. The name Rich Bros. is piece of legislation. retary for the veterans of Minnesota synonymous with July 4th in South What the bill I have introduced says, and across the country. Dakota, and kids across the State— again, on the demonstration model young kids, and grown-up kids alike— By Mr. PRESSLER (for himself, basis—demonstration project basis—is look forward to the celebration of the Mr. D’AMATO, Mr. BREAUX and that for some of the veterans within a birth of our country with all the fan- certain narrow framework, they also Mr. GRAHAM): fare and excitement fireworks provide. S. 1787. A bill to amend the Har- will be able to receive health care Family-owned businesses, such as monized Tariff Schedule of the United within the VA health care coverage— Rich Bros., are the foundation of towns States with respect to fireworks; to the within the VA health care system— across South Dakota. These people are Committee on Finance. with a Medicare third-party payment. committed to their neighbors and to I now sit on the Veterans’ Com- FIREWORKS LEGISLATION their communities. They should not mittee. It has taken me several years Mr. PRESSLER. Mr. President, suffer from unintended consequences of to get on that committee. These issues today I am introducing legislation that the law. That is why we are here—to are near and dear to my heart. It is would correct a mistake made during look out for them and to correct prob- clear to me, and I think it is clear to the drafting of the implementing legis- lems like these as soon as possible. all Senators on both sides of the aisle, lation of the General Agreement on That is why I am introducing this leg- that health care eligibility is at the Tariffs and Trade [GATT] Uruguay islation today. It is really a minor very top of, if you will, an agenda that round. That law has had the effect of change that would make a major dif- is responsive to the concerns and cir- unintentionally more than doubling ference—perhaps the difference be- cumstances of the veterans commu- the tariff rates on display fireworks tween life and death—for small busi- nity. This will be a demonstration that are imported into the United nesses like Rich Bros. I ask my collea- model. That is what this bill calls for. States. Unintended or not, this provi- gues for their support in passing this I think it is extremely important. sion has had real consequences. The legislation which restores the 2.4-per- There is a debate as to whether or most obvious has been a dramatic in- cent tariff rate for display fireworks not, for example, Medicare third-party crease in the price of display fireworks, that existed prior to the implementa- payment for the VA health care system the vast majority of which are pur- tion of the Uruguay round legislation. will work well or not. The only way we chased by our State and local govern- Mr. President, I ask unanimous con- can find out, without having to debate ments for use in municipal celebra- sent that the text of the bill be printed ad nauseam, is to put this on a pilot tions. in the RECORD. project basis. While we are struggling here in Con- There being no objection, the bill was I think this is only a step, but this gress to reduce the deficit and balance ordered to be printed in the RECORD, as piece of legislation, if passed, either as the Federal budget under tight eco- follows: a piece of legislation or an amendment nomic constraints, State and local gov- S. 1787 on the appropriate vehicle, I think it is ernments are required by law to bal- an extremely important step in the ance their budgets every year—with far Be it enacted by the Senate and House of Rep- resentatives of the United States of America in right direction of enabling us to do less flexibility and far fewer resources Congress assembled, some things within our VA health care than what is available to the Federal SECTION 1. DUTY ON DISPLAY FIREWORKS. system that will enable us to provide Government. Chapter 36 of the Harmonized Tariff Sched- very efficient and very effective and The higher cost of display fireworks ule of the United States is amended by strik- very compassionate health care for vet- imposes major strain on municipalities ing subheading 3604.10.00 and inserting the erans. that wish to sponsor Memorial Day or following new subheadings:

3604.10 Fireworks: ...... ‘‘ . 3604.10.10 Display fireworks (Class 1.3C) ...... 2.4% Free (A*, CA, E, IL, J, MX) ...... 12.5% 3604.10.90 Other (including Class 1.4G) ...... 5.3% Free (A*, CA, E, IL, J, MX) ...... 12.5%. ’’

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5449 SEC. 2 EFFECTIVE DATE. fits under title XVI of the Social Secu- full and unique perspective on the opportuni- (a) IN GENERAL.—The amendment made by rity Act or monthly benefits under ties and obligations of command; section 1 applies with respect to goods en- title II of such Act, and to deny such Whereas this perspective instilled in Admi- tered, or withdrawn from warehouse for con- supplemental security income benefits ral Boorda an unwavering concern for the sumption, on or after the 15th day after the members of the Navy and their families; date of the enactment of this Act. for 10 years to a person found to have Whereas as Commander-in-Chief of NATO (b) RETROACTIVE TREATMENT.—Notwith- fraudulently obtained such benefits forces in Southern Europe, Admiral Boorda standing section 514 of the Tariff Act of 1930 while in prison. ordered the first offensive use of deadly force (19 U.S.C. 1514) or any other provision of law, S. 1669 in the history of NATO, an air strike in Feb- upon a request filed with the Customs Serv- At the request of Mr. LOTT the names ruary 1994 against four Bosnian Serb aircraft ice before the 90th day after the date of the of the Senator from Hawaii [Mr. flying in violation of a United Nations ban enactment of this Act, any entry, or with- on such flights; drawal from warehouse for consumption— AKAKA], the Senator from Maine [Mr. Whereas Admiral Boorda was a visionary (1) which was made on or after January 1, COHEN], the Senator from Delaware in naval strategy who recognized that cir- 1996, and before the 15th day after the date of [Mr. ROTH], the Senator from Min- cumstances in the post-Cold War era made the enactment of this Act, and nesota [Mr. WELLSTONE], and the Sen- necessary a strategy that retained a forward (2) with respect to which there would have ator from Indiana [Mr. LUGAR] were presence for the Navy even as it recognized been a lesser duty if the amendment made by added as cosponsors of S. 1669, a bill to that future Navy operations would most section 1 applied to such entry or with- name the Department of Veterans Af- likely occur in the littoral zones of the drawal, fairs’ medical center in Jackson, Mis- world; shall be liquidated or reliquidated as though Whereas this strategy, which Admiral sissippi, as the ‘‘G.V. (Sonny) Mont- Boorda called ‘‘Forward . . . From the Sea’’, such amendment applied to such entry or gomery Department of Veterans Af- withdrawal. will serve as the basis for Navy strategy well fairs’ Medical Center.’’ into the 21st century; f S. 1735 Whereas Admiral Boorda was a visionary ADDITIONAL COSPONSORS At the request of Mr. PRESSLER, the in naval technology who spearheaded pro- name of the Senator from North Caro- grams for the development of the arsenal S. 228 ship, the new attack submarine, theater bal- At the request of Mr. BRYAN, the lina [Mr. HELMS] was added as a co- listic missile defense, and cooperative en- name of the Senator from Michigan sponsor of S. 1735, a bill to establish gagement capabilities; [Mr. LEVIN] was added as a cosponsor of the United States Tourism Organiza- Whereas these programs, and many others S. 228, a bill to amend certain provi- tion as a nongovernmental entity for spearheaded by Admiral Boorda, put the sions of title 5, United States Code, re- the purpose of promoting tourism in Navy on the cutting edge of technology and lating to the treatment of Members of the United States. did so in an efficient, affordable, flexible manner; AMENDMENT NO. 3988 Congress and Congressional employees Whereas Admiral Boorda recognized the for retirement purposes. At the request of Mr. WELLSTONE, the need for the Navy to develop a strategy for S. 673 names of the Senator from Maine [Mr. utilizing emerging technology effectively At the request of Mrs. KASSEBAUM, COHEN], the Senator from Pennsylvania and developed in response to that need the the name of the Senator from Ken- [Mr. SANTORUM], and the Senator from plan known as ‘‘20/20 Vision’’, a long-range plan for the acquisition and utilization of tucky [Mr. MCCONNELL] was added as a Vermont [Mr. LEAHY] were added as co- technology in the future in order to achieve cosponsor of S. 673, a bill to establish a sponsors of amendment No. 3988 pro- posed to S. Con. Res. 57, an original the strategic objectives of the United States; youth development grant program, and and for other purposes. concurrent resolution setting forth the Whereas it is fitting that Admiral Boorda S. 691 congressional budget for the United be remembered as he described Admiral States Government for fiscal years At the request of Mr. SHELBY, the Arleigh Burke when saying that ‘‘. . . he de- name of the Senator from North Caro- 1997, 1998, 1999, 2000, 2001, and 2002. fined what it means to be a naval officer: re- lentless in combat, resourceful in command, f lina [Mr. HELMS] was added as a co- and revered by his crews . . . He was, indeed, sponsor of S. 691, a bill to amend title SENATE RESOLUTION 255—TO a sailor’s sailor.’’: Now, therefore, be it XVIII of the Social Security Act to HONOR ADM. JEREMY M. BOORDA Resolved, That the Senate honors Admiral provide for coverage of early detection Jeremy M. ‘‘Mike’’ Boorda for a career that of prostate cancer and certain drug Mr. LOTT (for himself, Mr. THUR- included extraordinary contributions to the treatment services under part B of the MOND, Mr. NUNN, Mr. WARNER, Mr. defense of the United States and a singular Medicare program, to amend chapter 17 COHEN, Mr. SANTORUM, Mr. INHOFE, Mr. commitment to the members of the Navy of title 38, United States Code, to pro- KEMPTHORNE, Mr. BINGAMAN, Mr. and thereby exemplified all the best quali- ties in an officer in the United States Navy. vide for coverage of such early detec- COATS, Mr. SMITH, Mr. EXON, Mrs. tion and treatment services under the HUTCHISON, Mr. MCCAIN, Mr. DASCHLE, f Mr. LEVIN, Mr. AKAKA, Mr. BRADLEY, programs of the Department of Vet- AMENDMENTS SUBMITTED erans’ Affairs, and to expand research Ms. MIKULSKI, Mr. BRYAN, Mr. SAR- and education programs of the Na- BANES, Mr. DORGAN, Mr. LIEBERMAN, Mr. SIMON, Mr. GRAHAM, Mrs. FEIN- tional Institutes of Health and the THE CONGRESSIONAL BUDGET STEIN, Mr. GLENN, Mr. REID, Mr. JOHN- Public Health Service relating to pros- CONCURRENT RESOLUTION tate cancer. STON, Mr. ROBB, Mr. INOUYE, Mr. KOHL, Mr. FORD, Mr. KERREY, Mr. DODD, Mr. S. 1150 BUMPERS, Mr. PELL, Mr. FEINGOLD, Mr. At the request of Mr. SANTORUM, the LEVIN AMENDMENT NO. 4020 LEAHY, Mr. MOYNIHAN, Mr. KENNEDY, names of the Senator from Montana Mrs. BOXER, Mrs. MURRAY, and Ms. Mr. LEVIN proposed an amendment [Mr. BAUCUS] and the Senator from MOSELEY-BRAUN): to the concurrent resolution (S. Con. West Virginia [Mr. BYRD] were added as S. RES. 255 Res. 57) setting forth the congressional cosponsors of S. 1150, a bill to require budget for the United States Govern- Whereas Admiral Jeremy M. ‘‘Mike’’ the Secretary of the Treasury to mint ment for fiscal years 1997, 1998, 1999, coins in commemoration of the 50th Boorda was the 25th Chief of Naval Oper- ations. 2000, 2001, and 2002; as follows: anniversary of the Marshall Plan and Whereas as the Chief of Naval Operations, At the appropriate place, insert the fol- George Catlett Marshall. Admiral Boorda commanded the foremost lowing new section: S. 1418 Navy in the World; SEC. . SENSE OF THE SENATE REGARDING THE At the request of Mr. PRESSLER, the Whereas Admiral Boorda’s career in the NATIONAL INSTITUTE OF DRUG name of the Senator from Arizona [Mr. Navy reflected his lifelong dedication to the ABUSE. United States and to the principles he held (a) FINDINGS.—Congress finds the fol- KYL] was added as a cosponsor of S. dear—duty, honor, and commitment; lowing: 1418, a bill to provide for the more ef- Whereas Admiral Boorda is the only mem- (1) The National Institute on Drug Abuse fective implementation of the prohibi- ber of the Navy ever to rise from the lowest (hereafter referred to in this section as tion against the payment to prisoners enlisted grade to the position of Chief of ‘‘NIDA’’) a part of the National Institutes of of supplemental security income bene- Naval Operations, and this rise gave him a Health (hereafter referred to in this section

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5450 CONGRESSIONAL RECORD — SENATE May 21, 1996 as ‘‘NIH’’) supports over 85 percent of the (3) for fiscal year 1999 should be increased Federal Communications Commission has world’s drug abuse research that has totally by a minimum of $100,000,000; not yet conducted auctions for such services, revolutionized our understanding of addic- (4) for fiscal year 2000 should be increased such as Local Multipoint Distribution Serv- tion. by a minimum of $100,000,000; ice (LMDS), licenses for paging services, (2) One of NIDA’s most significant areas of (5) for fiscal year 2001 should be increased final broadband PCS licenses, narrow band research has been the identification of the by a minimum of $100,000,000; PCS licenses, licenses for unserved cellular, neurobiological bases of all aspects of addic- (6) for fiscal year 2002 should be increased and Digital Audio Radio (DARS), and other tion, including craving. by a minimum of $100,000,000; subscription services, revenue from which (3) In 1993, NIDA announced that approval above its fiscal year 1996 appropriation for has been assumed in Congressional budg- had been granted by the Food and Drug Ad- additional research into an anti-addiction etary calculations and in determining the ministration of a new medication for the drug to block the craving of illicit addictive level of the deficit; and treatment of heroin and other opiate addic- substances. (e) The Commission’s service rules can dra- tion which breaks the addict of daily drug- matically affect license values and auction seeking behavior and allows for greater com- HELMS AMENDMENT NO. 4021 revenues and therefore the Commission pliance because the patient does not need to should act expeditiously and without further report to a clinic each day to have the medi- Mr. DOMENICI (for Mr. HELMS) pro- delay to conduct auctions of licenses in a cation administered. posed an amendment to the concurrent manner that maximizes revenue, increases (4) Among NIDA’s most remarkable accom- resolution (S. Con. Res. 57) supra; as efficiency, and enhances competition for any plishments of the past year is the successful follows: service for which auction revenues have been immunization of animals against the psycho- scored by the Congressional Budget Office At the appropriate place insert the fol- stimulant effects of cocaine. and/or counted for budgetary purposes in an lowing: (5) NIDA has also recently announced that Act of Congress. it is making substantial progress that is SEC. . SENSE OF THE SENATE REGARDING THE critical in directing their efforts to identify EXTENSION OF THE EMPLOYER EDU- potential anti-cocaine medications. For ex- CATION ASSISTANCE EXCLUSION FAIRCLOTH AMENDMENTS NOS. ample, NIDA researchers have recently UNDER SECTION 127 OF THE INTER- 4023–4024 NAL REVENUE CODE OF 1986. shown that activation in the brain of one Mr. DOMENICI (for Mr. FAIRCLOTH) type of dopamine receptor suppresses drug- (a) FINDINGS.—The Senate finds that— (1) since 1978, over 7,000,000 American work- proposed two amendments to the con- seeking behavior and relapse, whereas acti- ers have benefited from the employer edu- current resolution (S. Con. Res. 57) vation of another, triggers drug-seeking be- cation assistance exclusion under section 127 havior. supra; as follows: (6) NIDA’s efforts to speed up research to of the Internal Revenue Code of 1986 by being AMENDMENT NO. 4023 stem the tide of drug addiction is in the best able to improve their education and acquire At the appropriate place, insert the fol- interest of all Americans. new skills without having to pay taxes on lowing: (7) State and local governments spend bil- the benefit; (2) American companies have benefited by SEC. . SENSE OF THE SENATE REGARDING WEL- lions of dollars to incarcerate persons who FARE REFORM. improving the education and skills of their commit drug related offenses. The Senate finds that— (8) A 1992 National Report by the Bureau of employees who in turn can contribute more S. Con. Res. 57 assumes substantial savings Justice Statistics revealed that more than 3 to their company; from welfare reform; and out of 4 jail inmates reported drug use in (3) the American economy becomes more Children born out of wedlock are five times their lifetime, more than 40 percent had used globally competitive because an educated more likely to be poor and about ten times drugs in the month before their offense with workforce is able to produce more and to more likely to be extremely poor and there- 27 percent under the influence of drugs at the adapt more rapidly to changing technologies; fore are more likely to receive welfare bene- time of their offense. A significant number (4) American companies are experiencing fits that children from two parent families; said they were trying to get money for drugs unprecedented global competition and the and when they committed their crime. value and necessity of life-long education for High rates of out-of-wedlock births are as- (9) More than 60 percent of juveniles and their employees has increased; sociated with a host of other social young adults in State-operated juvenile in- (5) the employer education assistance ex- pathologies; for example, children of single stitutions reported using drugs once a week clusion was first enacted in 1978; mothers are twice as likely to drop out of or more for at least a month some time in (6) the exclusion has been extended 7 pre- high school; boys whose fathers are absent the past, and almost 40 percent reported vious times; are more likely to engage in criminal activi- being under the influence of drugs at the (7) the last extension expired December 31, ties; and girls in single-parent families are time of their offense. 1994; and three times more likely to have children out (8) the exclusion has received broad bipar- (10) This concurrent resolution proposes of wedlock themselves; therefore that budget authority for the NIH (including tisan support. It is the sense of the Senate that any com- NIDA) be held constant at the fiscal year (b) SENSE OF THE SENATE.—It is the sense prehensive legislation sent to the President 1996 level of $11,950,000,000 through fiscal year of the Senate that the revenue level assumed that balances the budget by a certain date 2002. in the Budget Resolution accommodate an and that includes welfare reform provisions (11) At such appropriation level, it would extension of the employer education assist- and that is agreed to by the Congress and the be impossible for NIH and NIDA to maintain ance exclusion under section 127 of the Inter- President shall also contain to the maximum research momentum through research nal Revenue Code of 1986 from January 1, extent possible a strategy for reducing the project grants. 1995, through December 31, 1996. rate of out-of-wedlock births and encour- (12) Level funding for NIH in fiscal year aging family formation. 1997 would reduce the number of competing McCAIN AMENDMENT NO. 4022 research project grants by nearly 500, from AMENDMENT NO. 4024 6,620 in fiscal year 1996 to approximately Mr. DOMENICI (for Mr. MCCAIN) pro- 6,120 competing research project grants, re- posed an amendment to the concurrent At the appropriate place, insert the fol- ducing NIH’s ability to maintain research resolution (S. Con. Res. 57) supra; as lowing: momentum and to explore new ideas in re- SEC. . SENSE OF THE SENATE REGARDING RE- follows: DUCTION OF THE NATIONAL DEBT. search. At the appropriate place, insert the fol- (13) NIH is the world’s preeminent research The Senate finds that— lowing: institution dedicated to the support of S. Con. Res. 57 projects a public debt in science inspired by and focused on the chal- SEC. . SENSE OF THE SENATE—TRUTH IN BUDG- Fiscal Year 1997 of $5,400,000,000,000; lenges of human illness and health. ETING. S. Con. Res. 57 projects that the public (14) NIH programs are instrumental in im- It is the Sense of the Senate that: debt will be $6,500,000,000,000 in the Fiscal proving the quality of life for Americans (a) The Congressional Budget Office has Year 2002 when the budget resolution through improving health and reducing mon- scored revenue expected to be raised from projects a unified budget surplus; etary and personal costs of illnesses. the auction of Federal Communications This accumulated debt represents a signifi- (15) The discovery of an anti-addiction Commission licenses for various services; cant financial burden that will require exces- drug to block the craving of illicit addictive (b) For budget scoring purposes, the Con- sive taxation and lost economic opportunity substances will benefit all of American soci- gress has assumed that such auctions would for future generations of the United States; ety. occur in a prompt and expeditious manner therefore (b) SENSE OF THE CONGRESS.—It is the sense and that revenue raised by such auctions It is the sense of the Senate that any com- of the Congress that amounts appropriated would flow to the federal treasury; prehensive legislation sent to the President for the National Institutes of Health— (c) The Resolution assumes that the rev- that balances the budget by a certain date (1) for fiscal year 1997 should be increased enue to be raised from auctions totals bil- and that is agreed to by the Congress and the by a minimum of $33,000,000; lions of dollars; President shall also contain a strategy for (2) for fiscal year 1998 should be increased (d) The Resolution makes assumptions reducing the national debt of the United by a minimum of $67,000,000; that services would be auctioned where the States.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5451 ROTH (AND EXON) AMENDMENT representatives provide valuable expertise On page 4, line 8, the amount is deemed to NO. 4025 and counseling on economic planning and de- be $1,323,100,000,000. velopment to nonurban communities. On page 4, line 9, the amount is deemed to Mr. EXON. (for Mr. ROTH for himself (4) The Economic Development Adminis- be $1,361,600,000,000. and Mr. EXON) proposed an amendment tration Regional Centers are located in the On page 4, line 10, the amount is deemed to to the concurrent resolution, Senate urban areas of Austin, Seattle, Denver, At- be $1,392,400,000,000. Concurrent Resolution 57, supra; as fol- lanta, Philadelphia, and Chicago. On page 4, line 11, the amount is deemed to lows: (5) Because of a 37-percent reduction in ap- be $1,433,600,000,000. proved funding for salaries and expenses On page 4, line 12, the amount is deemed to At the appropriate place insert the fol- from fiscal year 1995, the Economic Develop- be $1,454,000,000,000. lowing: ment Administration has initiated staff re- On page 4, line 17, the amount is deemed to SEC. . SENSE OF THE SENATE REGARDING THE ductions requiring the elimination of 8 field- be $1,318,600,000,000. FUNDING OF AMTRAK. based positions. The field-based economic de- On page 4, line 18, the amount is deemed to (a) FINDING.—The Senate finds that— velopment representative positions that are be $1,353,500,000,000. (1) a capital funding stream is essential to either being eliminated or not replaced after On page 4, line 19, the amount is deemed to the ability of the National Rail Passenger voluntary retirement and which currently be $1,382,400,000,000. Corporation (‘‘Amtrak’’) to reduce its de- interact with nonurban communities on eco- On page 4, line 20, the amount is deemed to pendence on Federal operating support; and be $1,415,600,000,000. (2) Amtrak needs a secure of financing, no nomic development efforts cover the States of New Mexico, Arizona, Nevada, North Da- On page 4, line 21, the amount is deemed to less favorable than provide to other modes of be $1,433,100,000,000. transportation, for capital improvements. kota, Oklahoma, Illinois, Indiana, Maine, Connecticut, Rhode Island, and North Caro- On page 5, line 1, the amount is deemed to (b) SENSE OF THE SENATE.—It is the sense be $232,400,000,000. of the Senate that— lina. (6) These staff cutbacks will adversely af- On page 5, line 2, the amount is deemed to (1) revenues attributable to one-half cent be $223,600,000,000. per gallon of the excise taxes imposed on fect States with very low per-capita personal income, including New Mexico which ranks On page 5, line 3, the amount is deemed to gasoline, special motor fuel, and diesel fuel be $206,300,000,000. from the Mass Transit Account should be 47th in the Nation in per-capita personal in- come, Oklahoma ranking 46th, North Dakota On page 5, line 4, the amount is deemed to dedicated to a new Intercity Passenger Rail be $185,700,000,000. Trust Fund during the period January 1, ranking 42nd, Arizona ranking 35th, Maine ranking 34th, and North Carolina ranking On page 5, line 5, the amount is deemed to 1997, through September 30, 2001; be $143,500,000,000. (2) revenues would not be deposited in the 33rd. (b) SENSE OF THE SENATE.—It is the sense On page 5, line 9, the amount is deemed to Intercity Passenger Rail Trust Fund during be $5,449,000,000,000. any fiscal year to the extent that the deposit of the Senate that the functional totals and reconciliations instructions underlying this On page 5, line 10, the amount is deemed to is estimated to result in available revenues be $5,722,700,000,000. in the Mass Transit Account being insuffi- budget resolution assume that— (1) it is regrettable that the Economic De- On page 5, line 11, the amount is deemed to cient to satisfy that year’s estimated appro- be $5,975,100,000,000. priation levels; velopment Administration has elected to re- duce field-based economic development rep- On page 5, line 12, the amount is deemed to (3) monies in the Intercity Passenger Rail be $6,207,700,000,000. Trust Fund should be generally available to resentatives who are fulfilling the Economic Development Administration’s mission of On page 5, line 13, the amount is deemed to fund, on a reimbursement basis, capital ex- be $6,398,600,000,000. penditures incurred by Amtrak; and interacting with and counseling nonurban communities in economically disadvantaged On page 5, line 14, the amount is deemed to (4) amounts to fund capital expenditures be $6,550,500,000,000. related to rail operations should be set aside regions of the United States; (2) the Economic Development Administra- On page 6, line 13, the amount is deemed to for each State that has not had Amtrak serv- be $290,000,000,000. ice in such State for the preceding year. tion should take all necessary and appro- priate actions to ensure that field-based eco- On page 6, line 14, the amount is deemed to nomic development representation receives be $277,400,000,000. BINGAMAN (AND OTHERS) high priority; and On page 6, line 15, the amount is deemed to AMENDMENT NO. 4026 (3) the Economic Development Administra- be $256,000,000,000. On page 6, line 16, the amount is deemed to Mr. DOMENICI (for Mr. BINGAMAN, tion should reconsider the planned termi- nation of field-based economic development be $236,100,000,000. for himself, Ms. SNOWE, and Mr. COHEN) On page 6, line 17, the amount is deemed to proposed an amendment to Senate Con- representatives responsible for States that are economically disadvantaged, and that be $193,300,000,000. current Resolution 57, supra; as fol- this reconsideration take place without On page 6, line 18, the amount is deemed to lows: delay. be $155,400,000,000. At the end of title III, add the following: On page 9, line 22, the amount is deemed to be $14,900,000,000. SEC. . SENSE OF THE SENATE REGARDING THE DOMENICI AMENDMENT NO. 4027 ECONOMIC DEVELOPMENT ADMINIS- On page 11, line 22, the amount is deemed TRATION PLACING HIGH PRIORITY Mr. DOMENICI proposed an amend- to be $16,700,000,000. ON MAINTAINING FIELD-BASED ECO- ment to amendment No. 4012 proposed On page 11, line 23, the amount is deemed NOMIC DEVELOPMENT REPRESENT- to be $16,800,000,000. by Mr. SPECTER to the concurrent reso- ATIVES. On page 13, line 17, the amount is deemed (a) FINDINGS.—The Senate makes the fol- lution, Senate Concurrent Resolution to be $3,700,000,000. lowing findings: 57, supra; as follows: On page 13, line 18, the amount is deemed (1) The Economic Development Adminis- At the appropriate places on the Harkin to be $3,100,000,000. tration plays a crucial role in helping eco- amendment, make the following changes: On page 15, line 17, the amount is deemed nomically disadvantaged regions of the On page 25, line 17, increase the amount by to be $21,500,000. United States develop infrastructure that $0. On page 17, line 16, the amount is deemed supports and promotes greater economic ac- On page 25, line 18, increase the amount by to be $12,800,000,000. tivity and growth, particularly in nonurban $0. On page 17, line 17, the amount is deemed regions. On page 27, line 16, increase the amount by to be $11,000,000,000. (2) The Economic Development Adminis- $300,000,000. On page 19, line 16, the amount is deemed tration helps to promote industrial park de- On page 27, line 17, increase the amount by to be $8,100,000,000. velopment, business incubators, water and $600,000,000. On page 19, line 17, the amount is deemed sewer system improvements, vocational and On page 42, line 2, decrease the amount by to be $¥2,400,000,000. technical training facilities, tourism devel- $1,800,000,000. On page 21, line 16, the amount is deemed opment strategies, technical assistance and On page 42, line 3, increase the amount by to be $42,600,000,000. capacity building for local governments, eco- $700,000,000. On page 21, line 17, the amount is deemed nomic adjustment strategies, revolving loan On page 52, line 11, decrease the amount by to be $39,300,000,000. funds, and other projects which the private $0. On page 23, line 15, the amount is deemed sector has not generated or will not generate On page 52, line 12, decrease the amount by to be $9,900,000,000. without some assistance from the Govern- $0. On page 23, line 16, the amount is deemed ment through the Economic Development On page 52, line 14, increase the amount by to be $10,800,000,000. Administration. $5,000,000,000. On page 29, line 10, the amount is deemed (3) The Economic Development Adminis- On page 52, line 15, increase the amount by to be $193,200,000,000. tration maintains 6 regional offices which $1,400,000,000. On page 29, line 11, the amount is deemed oversee staff that are designated field-based Notwithstanding any other provision of to be $191,500,000,000. representatives of the Economic Develop- this resolution, on page 52, line 15, the On page 31, line 3, the amount is deemed to ment Administration, and these field-based amount is deemed to be $270,923,000,000. be $232,400,000,000.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5452 CONGRESSIONAL RECORD — SENATE May 21, 1996 On page 31, line 4, the amount is deemed to the Committee on Energy and Natural 1996, for an oversight hearing on the be $240,300,000,000. Resources. Corporation for National and Commu- On page 38, line 8, the amount is deemed to The hearing will take place on Thurs- nity Service. be $13,700,000,000. day, June 6, 1996, at 2 p.m. in room SD– The PRESIDING OFFICER. Without On page 39, line 25, the amount is deemed to be $282,800,000,000. 366 of the Dirksen Senate Office Build- objection, it is so ordered. On page 40, line 1, the amount is deemed to ing in Washington, DC. SELECT COMMITTEE ON INTELLIGENCE be $282,800,000,000. The purpose of this hearing is to re- Mr. LOTT. Mr. President, I ask unan- On page 40, line 7, the amount is deemed to view S. 1703, a bill to amend the act es- imous consent that the Select Com- be $289,400,000,000. tablishing the National Park Founda- mittee on Intelligence be authorized to On page 40, line 8, the amount is deemed to tion. meet during the session of the Senate be $289,400,000,000. Because of the limited time available on Tuesday, May 21, 1996 at 9:30 a.m. to On page 40, line 14, the amount is deemed for the hearing, witnesses may testify to be $293,200,000,000. hold an open hearing on intelligence On page 40, line 15, the amount is deemed by invitation only. However, those matters. to be $293,200,000,000. wishing to submit written testimony The PRESIDING OFFICER. Without On page 40, line 21, the amount is deemed for the hearing record should send two objection, it is so ordered. to be $294,700,000,000. copies of their testimony to the Sub- SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT On page 40, line 22, the amount is deemed committee on Parks, Historic Preser- Mr. LOTT. Mr. President, I ask unan- to be $294,700,000,000. vation, and Recreation, Committee on imous consent that the Subcommittee On page 41, line 3, the amount is deemed to Energy and Natural Resources, U.S. on Administrative Oversight and the be $298,900,000,000. Senate, 364 Dirksen Senate Office On page 41, line 4, the amount is deemed to Courts of the Senate Committee on the be $298,900,000,000. Building, Washington, DC 20510–6150. Judiciary, be authorized to meet dur- On page 41, line 10, the amount is deemed For further information, please con- ing a session of the Senate on Tuesday, to be $303,400,000,000. tact Jim O’Toole of the subcommittee May 21, 1996, at 2:00 p.m., in Senate On page 41, line 11, the amount is deemed staff at (202) 224–5161. Dirksen room 226, on S. 582 and vol- to be $303,400,000,000. f untary environmental audits. On page 41, line 17, the amount is deemed The PRESIDING OFFICER. Without to be $348,234,000,000. AUTHORITY FOR COMMITTEES TO objection, it is so ordered. On page 41, line 18, the amount is deemed MEET to be $351,240,000,000. f COMMITTEE ON AGRICULTURE, NUTRITION, AND On page 41, line 19, the amount is deemed ADDITIONAL STATEMENTS to be $348,465,000,000. FORESTRY On page 41, line 20, the amount is deemed Mr. LOTT. Mr. President, I ask unan- to be $349,951000,000. imous consent that the Committee on TRIBUTE TO THE CITY OF MAN- On page 41, line 21, the amount is deemed Agriculture, Nutrition, and Forestry be to be $351,311,000,000. CHESTER ON ITS 150TH ANNIVER- allowed to meet during the session of SARY On page 41, line 22, the amount is deemed the Senate on Tuesday, May 21, 1996 at to be $352,756,000,000. 8:45 a.m., in SR–332, to conduct a nomi- Mr. SMITH. Mr. President, I rise On page 42, line 8, the amount is deemed to today to pay tribute to Manchester, be ¥$200,000,000. nation hearing for Brooksley Born, of Washington, DC, to be Chairman of the NH, on its 150th anniversary. On June On page 42, line 9, the amount is deemed to 8, the 100,000 residents of Manchester be $100,000,000. Commodity Futures Trading Commis- On page 42, line 15, the amount is deemed sion and to be Commissioner of the will hold a community wide picnic to to be ¥$400,000,000. Commodity Futures Trading Commis- celebrate this significant milestone. On page 42, line 16, the amount is deemed sion for the remainder of the term ex- Manchester’s 150 year heritage en- to be ¥$300,000,000. piring April 13, 1999 and David D. compasses periods of growth and On page 42, line 22, the amount is deemed Spears, of Kansas, to be Commissioner change including native American oc- to be ¥$800,000,000. of the Commodity Futures Trading cupation, colonial settlement, indus- On page 42, line 23, the amount is deemed trial growth, and 20th century diver- ¥ Commission for the term expiring to be $800,000,000. sification. For over 10,000 years various On page 43, line 5, the amount is deemed to April 13, 2000. be ¥$1,200,000,000. The PRESIDING OFFICER. Without native American groups occupied what On page 43, line 6, the amount is deemed to objection, it is so ordered. was then known as the Merrimack be ¥$1,100,000,000. River Valley. The abundance of fish COMMITTEE ON BANKING, HOUSING, AND URBAN On page 43, line 12, the amount is deemed and game in this area helped support AFFAIRS to be ¥$3,700,000,000. these people’s livelihood. By 1725, most Mr. LOTT. Mr. President, I ask unan- On page 43, line 13, the amount is deemed of the native Americans inhabiting the imous consent that the Committee on to be ¥$3,700,000,000. Merrimack Valley had fled northward Banking, Housing, and Urban Affairs f to escape conflict and disease brought be authorized to meet during the ses- about by European settlers that had NOTICES OF HEARINGS sion of the Senate on Tuesday, May 21, migrated into the area. 1996, to conduct a hearing on S. 1511, SUBCOMMITTEE ON INVESTIGATIONS In the early 1700’s, many European the Burma Freedom and Democracy Mr. STEVENS. Mr. President, I settlers began to move into the Man- Act of 1995. would like to announce for the infor- chester area. Scottish and Irish fami- The PRESIDING OFFICER. Without mation of the Senate and the public lies with expertise in flax spinning and objection, it is so ordered. that the Permanent Subcommittee on weaving were the first group to settle Investigations of the Committee on COMMITTEE ON THE JUDICIARY around what is now known as London- Governmental Affairs, will hold hear- Mr. LOTT. Mr. President, I ask unan- derry in 1719. In 1722, John Goffe also ings regarding security in cyberspace. imous consent that the Committee on established the town’s first water-pow- This hearing will take place on the Judiciary be authorized to meet ered mill along Cohas Brook. In 1751, Wednesday, May 22, 1996, in room 342 of during the session of the Senate on the town of Derryfield, now known as the Dirksen Senate Office Building. Tuesday, May 21, 1996, at 10:00 a.m. to Manchester, was established. For further information, please contact hold a hearing on the Role of the ABA In the 1790’s a man by the name of Daniel S. Gelber of the subcommittee in the Nominations Process. Samuel Blodget envisioned an industri- staff at 224–9157. The PRESIDING OFFICER. Without alized Derryfield which could boast SUBCOMMITTEE ON PARKS, HISTORIC objection, it is so ordered. open trade routes with Boston to the PRESERVATION, AND RECREATION COMMITTEE ON LABOR AND HUMAN RESOURCES south and Concord to the north. Con- Mr. CAMPBELL. Mr. President, I Mr. LOTT. Mr. President, I ask unan- sequently, he proceeded to fund the de- would like to announce for the public imous consent that the Committee on velopment of a canal and lock system that a hearing has been scheduled be- Labor and Human Resources be author- around the Amoskeag Falls. In 1810, 3 fore the Subcommittee on Parks, His- ized to meet during the session of the years after Blodget’s death, the resi- toric Preservation, and Recreation of Senate at 9:30 a.m., Tuesday, May 21, dents of Derryfield voted to change

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5453 their town’s name to Manchester to tention to a unique project developed lester then out on bail on charges in- honor Blodget’s prediction that ‘‘a city by the Vermont Council on the Human- volving the sexual abuse of an 8 year like unto Manchester, England’’ would ities that was recently honored at a old girl. rise because of the waterpower at the White House ceremony as one of the Less than 10 days later Special Agent falls. best arts and humanities programs to In 1831, a group of investors known as Johnson recovered the Alvarado chil- help at-risk youth in this country. The dren and arrested their abductor. John- Boston Associates began manufac- teen parent literacy project is simple turing textiles by purchasing the son accomplished this amazing feat by in concept, yet it is an innovative ap- responding quickly and decisively to rights to the water power at the falls proach to tackling complex problems news of the abduction. He requested and developing a plan for a major com- that can often result from teenagers that NCMEC broadcast fax posters—in plex of mills. The execution of this having children. Through participating English and Spanish—of the missing plan helped foster 100 years of growth in a series of free reading and discus- children to all law enforcement agen- and expansion as the Amoskeag Manu- sion programs, teen parents across the facturing Co., became the largest tex- State are encouraged to read to their cies. Expeditiously searching out and tile producer in the world. At its peak, children. This program benefits parents following up on a number of leads and Amoskeag employed 17,000 workers and and children in several ways. First, sightings, he concluded that the abduc- had over 30 major mills. tor was taking the children south. Spe- In March of 1936 Manchester experi- parents learn the value and joy of read- ing to their children who are in turn, cial Agent Johnson then quickly and enced a disastrous flood which com- tirelessly disseminated information to pletely devastated the city. The deter- introduced to the importance of read- ing. Reading to children at home has all FBI field offices in the Southern mined citizens of Manchester banded United States. These efforts produced together to organize Amoskeag Indus- proven to influence future educational leads concerning possible sightings in tries and purchased the mill complex success and bringing together teen par- to help rebuild Manchester. The re- ents and their children can help to cul- Alabama, and it was concluded that building of Manchester gave rise to a tivate a more comfortable relationship Weekly was headed toward New Orle- more diversified industrial base and as teen parents learn to become their ans. An FBI team set up surveillance in the emergence of a strong service econ- children’s first teacher. New Orleans’ French Quarter. Soon omy. Through the unyielding support The teen parent literacy project has thereafter the agents observed and ar- of Manchester’s citizens, local govern- brought together members of Vermont rested Weekly, who was driving a sto- ment, and banks, the local economy communities who are dedicated to len car with the missing children in it. was slowly reborn. The complex of making this program a success for teen Special Agent Johnson’s hard work, mills that still stand along the parents and their children. Under the working with numerous offices and Merrimack are a reminder of how Man- leadership of Victor Swenson, the agencies, tirelessly following leads, dis- chester once flourished in the textile Vermont Council on the Humanities is seminating information, and coordi- industry. The citizens of Manchester working with the Vermont Department nating efforts, should inspire us all. His still have the Yankee ingenuity and of Health, local libraries, and individ- example shows that children abducted commitment to growth and industry. uals from each district. It is no sur- by strangers can be recovered safely if Manchester’s largest employers are prise that this program was selected as the response from law enforcement of- now hospitals, universities, and tech- one of the very finest programs de- ficers is swift, efficient, and thorough. nology companies. Manchester boasts a signed to improve the plight of at-risk- I would like to congratulate him on a strong service and professional econ- youth. Teaching parents to read to job well done, the other three law en- omy and is the largest city in New their children enables us to forge ahead forcement officers being honored by Hampshire. A combination of natural as a literate nation. It demonstrates a and historical spots are being devel- commitment to our investment in our NCMEC for their extraordinary service oped for a potential tourism industry. children and also in their parents, resulting in the recovery of missing The New Hampshire Heritage Trail is many still children themselves. children, and NCMEC for its con- one of the major statewide projects. For many young parents in Vermont tinuing, important efforts on behalf of Additionally, many residents and visi- and throughout the United States, children. tors enjoy the Currier Gallery, the 883 raising children is often met by insur- seat Palace Theater and the Zimmer- mountable barriers and this program, f man House. These historical spots and supported by the National Endowment others are quickly giving Manchester for the Humanities, will help them to TRIBUTE TO OUTSTANDING GIRL the reputation as the cultural center of overcome some of those hurdles. I am SCOUTS IN LOUISIANA the State. extremely proud of the members of the The citizens of Manchester will have ∑ Mr. BREAUX. Mr. President, today I council and the participants of the pro- much to celebrate on June 8. Among would like to salute 10 outstanding gram who have made this program a other highlights, the birthday bash will young women who have been honored success.∑ include a 150-foot-long birthday cake, with the Girl Scout Gold Award by the f sand sculptures, softball tournaments, Girl Scout Council of Southeast Lou- classic car shows, and even a laser- HONORING FBI SPECIAL AGENT isiana. They are: Melanie Adams of light show. The Historical Association ROY JOHNSON New Orleans, Lesley Cady of will sponsor a kite-flying contest and Mr. ABRAHAM. Mr. President, I rise Chalmette, Patricia Claverie of the high school jazz and concert bands today to honor a brave warrior in the Avondale, Carol Cancienne of River will perform along with the Jack Jack- fight against child abduction. Special Ridge, Janet Cummins of Metairie, son Big Band. The day promises to be Agent Roy Johnson of the Detroit FBI Pamela James of New Orleans, quite festive as many people in Man- Field Office is being honored today by Michelle O’Flynn of Metairie, Angie chester join in celebrating the history the National Center for Missing and Raborn of Roseland, Jennifer Reites of of the Queen City. Exploited Children (NCMEC) for his he- It is my honor to represent such a Metairie, Jennifer Schiffman of New roic efforts in rescuing Adam and Orleans. successful and thriving city in the U.S. Eleazar Alvarado, aged 11 and 3, from Senate. I congratulate Manchester on The Girl Scout Gold Award is the their abductors. the memorable occasion of its 150th Adam and Eleazar are the children of highest honor in U.S. Girl Scouting. It birthday and wish the many residents migrant farm workers from Mission, symbolizes outstanding accomplish- of the city an exciting birthday cele- TX. They were abducted in Benton ments in the areas of leadership, com- bration. Harbor, MI, on October 14, 1995. The munity service, career planning and f boys had walked to a grocery store to personal development. THE VERMONT TEEN PARENT buy potato chips while their mother To receive the award, a Girl Scout LITERACY PROJECT was washing clothes in a nearby laun- must earn four interest project patch- ∑ Mr. LEAHY. Mr. President, I would dromat. They were abducted by Boyd es, the Career Exploration pin, the Sen- like to take this opportunity to call at- Dean Weekly, a convicted child mo- ior Girl Scout Leadership Award, and

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5454 CONGRESSIONAL RECORD — SENATE May 21, 1996 the Senior Girl Scout Challenge, as If lightning were strike here now, short forests, they believe that’s the way they well as design and implement a Girl flames would creep along the forest floor. should be. Some are partial to the kinds of Scout Gold Award service project. A The fire would consume grass, twigs and pine wildlife the thickets attract, too. plan for fulfilling these requirements is needle litter. The flames would singe tree But as the Lone fire proved, nature has a trunks, but wouldn’t get hot enough to kill vengeance when it’s disturbed. created by the Senior Girl Scout and is the towering pines. Then, when there was no ‘‘The natural area (becomes) so unnatural carried out through close cooperation grass left to burn, the flames would go out. in its density and fuel accumulation, it be- between the girl and an adult Girl That’s the way it was for hundreds of gins to present a hazard,’’ Fule said.∑ Scout volunteer. years. Fire was friendly to the forest, Fule f The named Girl Scouts provided the said. It cleared out scraggly brush and new following community services for their saplings every few years, allowing the older CELEBRATING THE LIFE OF DICK Gold Award projects: trees to thrive without competition for CLURMAN water and light. Miss Cady completed a beautification But this is the forest of the past. Mr. MOYNIHAN. Mr. President, yes- project involving landscaping and Today, national forests like Arizona’s terday morning, May 20, 1996, ‘‘a gath- painting at Carolyn Park Elementary Coconino, Kaibab and Apache-Sitgreaves are ering to celebrate the life of Dick School. much different places. They’re so dense with Clurman’’ took place at the Beth-El Miss Claverie produced an extensive spindly young pines, forestry experts call the Chapel of the Temple Emanu-El in New resource guide for recycled crafts and cluster of trees ‘‘dog-hair ticktets.’’ York City. William F. Buckley, Jr. led Fire in those tickets equals almost certain environmental awareness. destruction. The trees of different sizes form off with a wonderfully moving tribute, Miss Cancienne developed a resource stair steps for the fire to climb to the largest which ended, ‘‘It will require the bal- booklet on disability awareness includ- pines. ance of my own lifetime to requite ing an activities box. That’s why, forestry experts say, Arizona what he gave to me.’’ He was followed Miss James founded a chapter of Stu- is at risk of the worst wildfires this by Osborn Elliott, a lifelong friend and dents Against Drunk Driving (SADD) millenium. fellow journalist. There followed equal- at Benjamin Franklin High School. Never before has there been such accumu- ly singular tributes from Harry Evans, lation of fire fuel. Add to that some of the Miss O’Flynn designed an equestrian driest weather in recorded history and the H.D.S. Greenway, David Halberstam, competition for disabled children. danger is extreme. Phyllis Newman, who sang a Gershwin Miss Raborn educated her commu- Years of ecological disturbance have tune, Hugh Sidey, Mike Wallace, Bar- nity about exchange student programs brought the West’s forests to this point, Fule bara Walters, and then the Clurman and her family hosted two exchange said. family. Rabbi Richard S. Chapin and students. The trouble started in Arizona in 1883 when Cantor Howard Nevison provided lit- Misses Adams, Cummins, Reites and the transcontinental railroad was finished. The state was connected. People arrived. urgy and liturgical music. Schiffman were a team for a restora- They brought cows. It was indeed a life to celebrate and tion project of Storyland at City Park. The lush grass and wildflowers on the for- to remember. I ask that Mr. Buckley’s I believe these Girl Scouts should re- est floors were perfect for grazing. Cows ate and Mr. Elliott’s remarks be printed in ceive the public recognition due them to the bare ground. the RECORD, along with a fine obituary for their significant services to their With the grass gone, the fires stopped. by Lawrence Van Gelder which ap- communities and to their country.∑ When pines dropped their seeds, they took peared in the New York Times. root. The trees grew in thick, but not very f big. There wasn’t enough water for any one The material follows: UNNATURAL CONDITIONS SET tree to thrive. Now, when a spark hits the REMARKS BY WM. F. BUCKLEY, JR. AT THE STAGE FOR NATURAL DISASTER thickets, the world forest is doomed. MEMORIAL SERVICE FOR RICHARD M. CLURMAN ‘‘If a fire came through this year, this tree Three years ago, one evening in July, he ∑ Mr. KYL. Mr. President, I ask that would almost certainly die,’’ Fule said of a asked whether I’d cross the ocean again in the following newspaper article be ponderosa that has stood for at least 300 1995, what would have been the fifth such printed in the CONGRESSIONAL RECORD. years. ‘‘Not only this one, but all its neigh- venture, done at five-year intervals begin- The article follows: bors.’’ ning in 1975. ‘‘I’m prepared to go,’’ he told What took hundreds of years for nature to me. I suppose I smiled; it was dark on the ve- UNNATURAL CONDITIONS SET STAGE FOR build could be destroyed in minutes, he said. NATURAL DISASTER randa when he spoke. I told him I doubted For most of this century, the U.S. Forest my crew could be mobilized for one more [From the Tribune, May 17, 1996] Service’s policy was to put out fires. Fule such trip, and just the right crew was indis- (By Sherry Boss) said. That policy interrupted nature’s long- pensable. He had done with me two Atlantic FLAGSTAFF—Peter Fule walks through the term plans, he said. crossings, one Pacific crossing. He was an in- past and finds comfort there. ‘‘People have always wanted to control na- stant celebrity for his ineptitudes at sea, He is safe in a stand of 400-year-old ture and remake it for human needs and done in high spirit with a wonderful, per- ponderosas. Wildfire is unlikely to touch this human goals,’’ he said. sistent incomprehension of what was the job Years of fire suppression policy led to the 8 acres of forest north of Flagstaff. Fule and at hand. He was the object of hilarious ridi- devastating Lone fire at four Peaks 35 miles his colleagues have restored it to the way it cule in my son’s published journal—and he east of Phoenix, said Julie Stromberg, asso- was in 1876 in hopes of learning a lesson. loved it all, even as Christopher loved him; ciate research professor at Arizona State The wind is gusty here and rain a strang- even when, while discoursing concentratedly University’s Center for Environmental Stud- er—perfect conditions for a sweeping blaze on matters of state, he would drop his ciga- ies. Fires have been put out as soon as they like the one that ravaged 61,000 acres at Four rette ash into Christopher’s wine glass, or start, allowing the vegetation to accumu- Peaks this month. very nearly set fire in the galley when trying late. But unlike most of Arizona’s forests this to light the stove. He thrived on the cheerful ‘‘If you don’t do frequent burns or con- one is not a tinderbox at the mercy of a ciga- raillery of his companions, but on one occa- trolled burns, you’re going to have a cata- rette butt or car engine spark, said Fule, a sion thought to say to me, in a voice strophic fire,’’ Stromberg said. senior research specialist at Northern Ari- The problem isn’t easily solved now. It’s unaccustomedly low, ‘‘I’m good at other zona University’s School of Forestry. too late to let nature take its course, Fule things.’’ The grass under Fule’s feet and the ample said. There’s no choice but to put out forest He hardly needed to remind me. Yes, and distance between trees in peace of mind. fires, he said. from everything he was good at he drew les- One day in 1994, students and employees ‘‘If all the fire crews walked away, by to- sons, little maxims of professional and extra- for NAU, the U.S. Forest Service and the log- morrow, the whole state would be in professional life of great cumulative impact, ging industry sawed down more than 7,000 flames,’’ he said. instantly imparted to all his friends, at the new trees in the Fort Valley Experimental Fule hopes the solution lies in a combina- least suggestion from them, or from their Forest, short eight miles north of Flagstaff. tion of cutting and burning. situation, that they needed help, or instruc- All that remains now are the 480 pines that Official will start a fire every three years tion. It is awesome to extrapolate from one’s were standing in pre-settlement days. Work- in the cleared-out experimental forest to own experience of his goodness the sum of ers brought the density down from more imitate the natural fire cycle that occurred what he did for others. than 1,000 trees per acre to 62—closer to the between 1630 and 1876. When Oz Elliott, on Shirley’s behalf, asked way it was before cattle disturbed the for- A similar cut-and-burn project is under me to say something today I went right to est’s ecosystem. way on a larger scale at Mount Turmbull on my desk but I found it impossible to imagine ‘‘It was a neat feeling to see this being 3,700 acres north of the Grand Canyon. his absence from the scene. Was it true that done and see the new forest emerging,’’ Fule But thinning out the forest is controver- there would be no message from him tomor- said. sial. Some people are so accustomed to thick row on our E-mail circuit? That we would

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5455 not be dining together during the week, or My best friend. ceremony that he would withdraw all main- sharing a tenth Christmas together? In the tenance and services from parks that were strangest sense, the answer is No, it isn’t im- [From the New York Times, May 17, 1996] repeatedly vandalized and where the commu- possible that we will continue as compan- RICHARD M. CLURMAN, A LEADING EDITOR AT nity made no effort to halt the destruction. ions, because his companionship left indel- TIME, DIES AT 72 He took pride in coming in the inner work- ings of the city as an outsider unwise to the ible traces: how to work, how to read, how to (By Lawrence Van Gelder) love. way to political patronage. It came to me last Thursday when just Richard M. Clurman, whose passion for ‘‘In the world I came from, I had only dis- after midnight my son reached me at the journalism brought him to prominence at pensed jobs on merit,’’ he wrote in 1974 in the hotel, that I have always subconsciously Time magazine and Newsday and whose pas- New York Times. ‘‘So I set about hiring, fir- looked out for the total Christian, and when sion for New York City made him a leading ing and moving people on the basis of what I found him, he turned out to be a non-prac- figure in its cultural affairs, died on Wednes- I thought the parks administration needed. ticing Jew. It will require the balance of my day at his summer home in Quogue, L.I. Mr. Mr. Lindsay was so bemused by my political own lifetime to requite what he gave to me. Clurman, who lived on the Upper East Side innocence that neither he nor his staff ever of Manhattan, was 72. suggested I do it any other way. The club DICK The cause was a heart attack, according to house politicians, whose names I eventually his wife, Shirley. learned but from whom I never heard a word, Good morning, Shirley, and Michael, and In a career at Time that spanned 23 years, either considered me so ignorant or so tem- Susan Emma, and Carol, and all you other Mr. Clurman held such posts as press editor, porary as to be unworthy of their presumed family members and hundreds of friends who chief of correspondents and head of the power.’’ are here to rejoice in the life of that wonder- Time-Life News Service, overseeing a net- In another article, he recalled his introduc- ful man, Dick Clurman. work of 105 staff correspondents deployed tion to George Balanchine and Lincoln I’m Oz Elliott, and Dick was my best throughout the United States and in 34 cities Kirstein of the New York City Ballet in his friend. abroad. capacity as chairman of the board of the bal- We were close for nearly half a century. From 1955 to 1958, he interrupted his tenure let company and its parent organization, the At first, we had no choice: as young writers at Time, which began in 1949 and ended in New York City Center of Music and Drama. for Time, we were thrown together, crammed 1972, to become the editorial director and ex- ‘‘I informed them that although I appre- with our Royal typewriters into a tiny cub- ecutive assistant to Alicia Patterson, the ciated the other arts and was certainly in- byhole at 9 Rockefeller Plaza. publisher of Newsday. formed about world affairs, I had been to the Within a year or so, we graduated to of- In 1973, he became administrator of Parks, ballet only once in my life,’’ he wrote. fices of our own—but by then there was no Recreation and Cultural Affairs for Mayor ‘‘Balanchine half rose from his chair and way we could really be separated. The reason John V. Lindsay. Mr. Clurman was also asked incredulously, ‘Do you hate the bal- was that while Dick made himself an expert chairman of the New York City Center and a let?’ in many things, his true specialty was member of the board of Lincoln Center for ‘‘ ‘Not that I’m aware of,’ I replied, ‘but if friendship—and that came so naturally to the Performing Arts. I were you, I’d make something of how sel- him. His commitment to journalism and his fas- dom I’ve gone.’ ’’ Once you were his friend, you could do no cination with its practices and lore led him Balanchine asked, ‘‘Would you open your wrong. Once you were his friend, he could to write several books, including ‘‘Beyond mind to learning about the ballet?’’ and, Mr. never do enough for you. Malice: The Media’s Years of Reckoning,’’ a Clurman wrote, ‘‘promptly made an offer If you were stranded in the suburbs by a 1988 analysis of the clash between the public that only a dolt could refuse: ‘I would like to hurricane, and unable to visit your sick baby and the press, and ‘‘To the End of Time: The teach you about it.’ ’’ in a New York hospital, not to worry: Dick Mr. Clurman suggested that he prescribe a Seduction and Conquest of the World’s Larg- would visit that baby and report to you bibliography and a list of people to talk to, est Media Empires,’’ a 1992 account of the daily. his usual mode of inquiry and learning as a merger between Time Inc. and Warner Com- If you were in a panic because your child journalist. ‘‘No, just watch and listen,’’ munications. was late coming home on a dark winter Balanchine said. He produced a program and Toward the end of the book, Mr. Clurman evening, Dick would be there in a flash to listed seven or eight ballets. For six weeks, wondered if Time’s objective of adding ‘‘to search the neighborhood. Mr. Clurman said, he tried to figure out what the quality of knowledge people had about If you were fired from your job in mid-ca- was going on. reer, Dick would find you a new one. the world’’ would survive what he called the ‘‘Then one night in the middle of If you suffered from writer’s block, Dick cultural gap between the corporations. Balanchine’s pioneering ‘Agon,’ I had the ‘‘No one should ask that benevolence be would help you write a lead. epiphany that my teacher had so artfully ar- the priority of Time Warner or any other Dick did all these things, most of them for ranged. Nothing was going on. It was just public company,’’ he wrote. ‘‘What can be me. bodies moving gloriously to music. From asked is that this new company, with its In later years, we were fierce competi- that moment, the ballet became my favorite human and material assets, have a spine tors—he stayed at Time, while I moved to spectator experience.’’ Newsweek. Yet even in that head-to-head that is more than stocks, bonds, rights, deals In 1975, after he left Time and municipal combat, whenever I faced a tough ethical de- and tightly rolled greenbacks.’’ administration, Mr. Clurman formed his own cision, I would always call Dick for advice. At the time is his death, Mr. Clurman was public policy consulting company, Richard He was a superb journalist—ever the skep- at work on a book about The Wall Street M. Clurman Associates. From 1980 to 1984, he tic, never the cynic, always a stickler for Journal. also served as adviser to the office of the precision. As sophisticated and accomplished as he chairman of Joseph E. Seagram & Sons. In One summer dawn we were out fishing to- was in journalism, Mr. Clurman adopted a 1981, he returned to journalism, serving for a gether—and to our utter amazement we spot- self-deprecating attitude toward his activi- decade as the chairman of Columbia Univer- ted a baby seal in Westhampton waters. Dick ties in other realms. When named board sity’s seminars on media and society. got on the ship-to-shore right away: chairman of the New York City Center of Engaged with ideas, Mr. Clurman was ‘‘Coast Guard, Coast Guard, this is Music and Drama in 1968, Mr. Clurman said; noted for dinner parties at which he would Sundance. Over.’’ ‘‘The suggestion came out of the blue. For 44 tap a spoon against a glass, commanding the ‘‘Coast Guard, Coast Guard, this is years I’ve done nothing outside of jour- attention of his guests—people like Robert Sundance. Over.’’ nalism. I haven’t even belonged to the P.T.A. F. Kennedy, William Buckley, Edward Albee, After repeated calls, some sleepy Coast or the Red Cross. Barbra Streisand and Norman Podhoretz— Guardsman answered: ‘‘At first I thought they were seeking my and announce a topic they were expected to ‘‘Sundance this is Coast Guard. Over.’’ advice about someone else and then I discuss. ‘‘Coast Guard, we have located a seal— thought they’d confused me with Harold,’’ he ‘‘I refused to be bored,’’ he said. that’s a Sugar-Easy-Able-Love,’’ said Dick. said, referring to his uncle, the critic and di- Mr. Clurman was a member of the Council ‘‘Is that of any interest to you?’’ rector Harold Clurman. ‘‘I am neither an im- on Foreign Relations and of the board of the ‘‘A what? presario nor a tycoon, and impresarios and Citizens Committee for New York City. ‘‘That’s a seal,’’ Dick said, ‘‘a Sugar— tycoons are often the moving spirit behind He was born in New York City in 1924. He Easy—Able—Love.’’ cultural organizations of this sort.’’ received a Bachelor’s of Philosophy degree in ‘‘You mean the animal?’’ asked the bewil- But within a few years, he was being cred- political science from the University of Chi- dered Coast Guardsman. ited with expanding the activities of the City cago in 1946 after serving during World War ‘‘That’s the mammal,’’ Dick responded. Center. II in the Information and Education Division He was precise, and caring, and incredibly Mayor Lindsay, who was president of the of the Army. He began his career in jour- well organized. The other day, as some of us center and leader of its selection committee, nalism in 1946 as an assistant editor on the were helping Shirley—manning the phones, clearly valued the fresh eye Mr. Clurman magazine Commentary. After joining Time calling friends, informing the press, planning brought to the center and to his post as in 1949, he served for six years as its press this morning’s service, Michael said it all: Parks Commissioner. editor. ‘‘Where is Dick Clurman when we need him There, Mr. Clurman touched off an imme- In addition to his wife, the former Shirley most?’’ diate furor by declaring at his swearing-in Potash, Mr. Clurman is survived by his son,

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5456 CONGRESSIONAL RECORD — SENATE May 21, 1996 R. Michael Clurman Jr. of Manhattan; two But, Henry Healey was also a man of State of the Union, and our response to the daughters by a previous marriage, which great personal charity. His New Haven Kerrey-Danforth Commission report. These ended in divorce: Susan Emma Clurman of scholarship fund helped give hundreds policies and the message they contain are crucial to the record we will run on in 1996. Manhattan and Carol Duning of Alexandria, of Connecticut children the oppor- Va., and two grandchildren.∑ Illustrative entitlement options tunity to seek higher education. And, f he made it a regular practice of hiring Options 5-yr savings (S B) COLA reduction: SHERIFF HENRY HEALEY ex-convicts for his car dealerships. In CPI minus 0.5 ‘‘technical’’ reform ∑ Mr. DODD. Mr. President, I wanted addition, he ended the practice of serv- (CPI may be overstated by 0.4% to take a few moments today to speak ing eviction notices at Christmas. to 1.5%) ...... 33 This charity was certainly smart pol- Eliminate COLAs for one year ..... 55 about the passing of a distinguished CPI minus 2 for five years ...... 109∑ citizen of Connecticut and a great itics for an elected official. It was no American—Henry Healey, Jr. accident that if you had hopes of a ca- f At the time of his death, Henry reer in politics in Connecticut, it was a THE VOID IN MORAL Healey was the high sheriff of New good idea to stay on the right side of LEADERSHIP—PART IX Haven County. But his legacy was far Henry. Mr. GRASSLEY. Mr. President, last But, it also reflected Henry’s integ- greater. He was a WWII veteran, a suc- Sunday marked the third anniversary rity as a public servant and as a man. cessful businessman, a dedicated mem- of the firings of the Travelgate Seven ber of the Democratic Party, and a He was a throwback to an earlier, sim- from the White House travel office. close and dear friend. pler age in American politics and he That is 3 years of the Federal Govern- I first got to know Henry Healey be- will be dearly missed by the residents ment harassing these innocent public cause of his relationship with my fa- of New Haven County and the State of servants, and their families, and the ther, Senator Thomas Dodd. And later, Connecticut. harassment continues as I speak. This when I decided to leave the House of My thoughts and prayers are with his is a story of an abuse of power by the Representatives and make my own run wife Jean and his children Patrick, new occupants of the White House, for the U.S. Senate it was from Henry Henry Bryan, Michael, Constance, back on May 19, 1993. Healey that I sought counsel. Christina, and Irene.∑ The Clinton White House used the His advice then, as it was every time f full powers of the Federal Government I spoke to him, helped to guide me in ADJUSTING THE CONSUMER PRICE to fire these seven loyal workers, de- my decision-making process. Because, INDEX stroy their reputations, deplete their Henry was a man of great wisdom and bank accounts, steal their dignity, and ∑ shrewd understanding of political his- Mr. MOYNIHAN. Mr. President, a cause great suffering for their families. tory. number of careful statements have I wonder how many Americans have Like few men I’ve known, Henry was been made on the floor yesterday and been the target of an abusive Wash- endowed with a vision that allowed today concerning the use of the Con- ington bureaucracy—like the IRS. him to presciently see beyond the po- sumer Price Index [CPI] as a proxy for Or how about when four Federal litical machinations of the day to the measuring changes in the cost of liv- agencies fight over the right to tell a long-term political currents of the fu- ing. As we all surely know, the Bureau farmer how to use land that his family ture. of Labor Statistics [BLS] is insistent has been farming for three generations. It’s one of the main reasons why that the CPI is not a cost of living And how many small businesses have Henry was probably one of the three or index: never has been; cannot be. It been harassed by OSHA or EPA? four most influential people in the past would be more than a third of a cen- Untold numbers of citizens across 30 years of Connecticut political his- tury ago that I became Assistant Sec- this land have been harassed and abused by the Federal Government. tory. retary of Labor in the Kennedy admin- But of course there was more to istration. In that role, I had nominal Hard-working families try to play by Henry then just his political acumen. supervision of the Bureau, and I attest the rules. Next thing they know, they are unfair targets of zealous Wash- He was a man of great loyalty and un- that this was fully understood at that ington bureaucrats who are out of con- derstanding, who knew how to accom- time, well before the CPI began to be used as it is today as an index for var- trol. plish things without being flamboyant Mr. President, no hard-working, hon- or self-serving. ious entitlement programs and tax schedules. est citizen should have to go through He wasn’t a great ideologue or a fire- such an ordeal. It is unjust and unfair. brand. He was more interested in peo- The question has been properly raised as to whether economists are in Government is supposed to promote ple’s human skills and their ability to justice and fairness, but Washington general agreement that the CPI over- work with others. turns these principles upside down. I think his chief deputy sheriff, states inflation. My distinguished There are many examples of bureauc- Frank Kinney, Jr., said it best: ‘‘People friend from North Dakota, Senator racies harassing citizens; but there are with problems in their lives could al- CONRAD, described the near unanimous few examples of Washington putting ways open up to him and he never testimony of a panel of economists the full force of its powers against de- failed to respond, to do what he could that testified before the Senate Com- cent, hard-working families. The case for them. That’s what I learned from mittee on Finance to this effect. I of the Travelgate Seven is one such ex- him, and that’s what I admired most would draw the attention of the Senate ample. For them, the harassment was about him.’’ to the fact that well before the Finance many times greater than what most And in his official role as New Haven Committee established the Boskin citizens have endured. These seven pro- County sheriff, Henry Healey turned commission to enquire into this mat- vided a service for the President and what had been a largely administrative ter, the subject was under consider- the press corps in the interest of open position into a bully pulpit for drug ation in the Office of Management and government. Their bosses were seven education, crime prevention, and char- Budget. Specifically, a memorandum of previous Presidents and the American ity. October 3, 1994, sets forth the matter in taxpayers. But cronies of President And he was recognized across the specific terms. Clinton, infatuated with newly derived country for his innovations in law en- I ask that portions of that memo- power, coveted the business for them- forcement. He was one of the first offi- randum be printed in the RECORD. selves. cials in America to advocate neighbor- The material follows: The only barriers to themselves and hood block watch programs. He was a OCTOBER 3, 1994. a lucrative business were these seven strong voice in the fight against sub- From: Alice M. Rivlin. loyal workers, so the cronies went on stance abuse in New Haven County Subject: Big Choices. When we met in August, we noted that it the attack. First, they spread false al- schools. And he was recognized by his was time for a serious discussion of the budg- legations against the seven workers, peers, when he was appointed president et and economic agenda for 1995 and 1996. De- accusing them of mismanagement and of the National Sheriffs Association, in cisions must be made soon about the policies embezzlement. This led to their firings the late 1980s. to be articulated in the FY 1996 budget, the by the President.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5457 When there was a public backlash, And so, the harassment continues. It is with charges that they had engaged in the White House damage-control oper- simply not right. It is not fair. And wrongdoing. White House staff that had an ation went into full gear. The White they need to be held accountable. interest in taking over the travel office even House publicly smeared the reputa- Mr. President, is it fair for these helped to concoct the allegations. The rep- utations of the fired travel office employees tions of the workers with all the false Democrats to not do the right thing were unfairly damaged, and Mr. Dale in par- charges. The workers and their fami- just to save the President from embar- ticular was made to undergo a painful and lies were publicly humiliated. Next, to rassment? I will let the American peo- costly ordeal before he was exonerated by a justify the false charges, the White ple answer that question. Perhaps they jury. House then unleashed the FBI and the will call the office of their Senator. All of the fired employees incurred legal IRS on them. Finally, the Justice De- Tell the Democrats to stop playing expenses in connection with criminal probes partment prosecuted them on trumped politics with the Billy Dale bill. After launched against them following their dis- up charges. all, they voted 52 to 44 on May 7 to charge. Mr. Dale bore $500,000, the lion’s Nearly 3 years and hundreds of thou- share, but no ex-travel office employee es- block the Billy Dale bill. caped without a crushing debt burden. The sands of dollars later, a jury acquitted Mr. President, the bottom line of this others incurred about $200,000 themselves. So the fall guy and scapegoat of the White story, and of the record of this Presi- to undo at least some of the damage, legisla- House offensive, Billy Dale. They ac- dent, is the absence of moral leader- tion was introduced in Congress to reimburse quitted him in less than 2 hours. ship. A President—a leader—who fails them for some of the costs of defending There can be no doubt that this case to take responsibility for his actions; themselves. The House passed the bill by an was a miscarriage of justice, no doubt who allows cronies to run roughshod overwhelming 350 to 43 vote. President Clin- that these seven workers were unjustly over innocent employees; who allows ton says he will sign it. Sen. Orrin Hatch has and unfairly persecuted. And no doubt introduced the bill in the Senate. his staff to violate the civil rights of But Senate Democrats have been blocking that the President made a mistake in these workers; who lets his staff un- action on the Hatch measure because they firing them. Yet, the President has leash the powers of the Federal Gov- want a vote on the minimum wage increase failed to own up. He has failed to take ernment against innocent families; and can’t get one. To make matters worse, responsibility for their firings and who fails to seek accountability for the Dale bill was amended by Bob Dole to in- their continued harassment. those who did the unleashing; and who clude the Republican gas-tax repealer. There is lots of finger-pointing and covers it all up by claiming executive Hence, Bill Dale et al. are now part of the blaming going on at the White House, privilege—in light of all this, can we Senate’s five-car pile-up, the rest of which includes the minimum wage boost, gas tax but no one will stand up and take re- truly call this President a leader? sponsibility for what happened. That is cut, taxpayer bill of rights, and the T.E.A.M. He has failed to set the proper exam- measure. usually the sign of failed moral leader- ple for the country. He has failed to set Mr. Dale and the former travel office em- ship. The leader in the White House— an example for the people he serves— ployees, having taken shots from the White the President—will not take responsi- the American people. He has failed to House and lost much in the process, are now bility for the unwarranted firings at set an example for his own staff. And, caught in another political crossfire. The the behest of cronies and then, he will he has failed to set an example for the people holding up action on the reimburse- not seek accountability for whoever seven fired workers and their families. ment of the misused travel office employees unleashed the powers of the Federal Rather than face the music, the Presi- should back off. The time has come to rec- tify a wrong. Government to harass the Travelgate dent has his lieutenants do his dirty Seven. work in the darkness of night, and in Mr. GRASSLEY. Mr. President, I Mr. President, is it unfair to ask the the Democratic cloak room, all to suggest the absence of a quorum. President to take responsibility for his avoid the embarrassment of his mis- The PRESIDING OFFICER. The actions? Is it unfair to hold account- takes. clerk will call the roll. able those zealots on his staff that un- In the coming weeks, the Billy Dale The legislative clerk proceeded to justly unleashed the FBI, the IRS, and bill will be brought to the floor again— call the roll. the Justice Department on these inno- this bill to restore hope and dignity for Mr. GRASSLEY. Mr. President, I ask cent employees? Is it unfair that the these families. I call upon the Amer- unanimous consent that the order for President should admit that he made a ican people to not allow this injustice the quorum call be rescinded. serious mistake? to stand. Make the Senate Democrats The PRESIDING OFFICER. Without Instead of considering these ques- do the right thing. Make them support objection, it is so ordered. tions, the President has sent his lieu- the Billy Dale bill. This morning’s f tenants out to again harass these Washington Post editorializes on this EXECUTIVE SESSION former workers. The House of Rep- matter. The editorial is entitled, ‘‘An- resentatives earlier this year voted other Travel Office Travesty.’’ It says, overwhelmingly to provide legal ex- get politics out of the way and pass EXECUTIVE CALENDAR penses for the Travelgate Seven. It had this bill. I agree, Mr. President. I urge bipartisan support. But when the bill my Democratic colleagues to get out of Mr. GRASSLEY. Mr. President, on came to the Senate, it was ambushed the way. I ask unanimous consent that behalf of the majority leader, I ask by Clinton loyalists. They were afraid the Post editorial be printed in the unanimous consent that the Senate of the embarrassment it would cause RECORD and I yield the floor. proceed to executive session to con- the President to have to sign such a There being no objection, the article sider the following nominations on to- bill that would prove he had made a se- was ordered to be printed in the day’s Executive Calendar, Calender No. rious mistake. Rather than face the RECORD, as follows: 594. I further ask unanimous consent music, the President sent out his lieu- [From the Washington Post, May 21, 1996] that the nominations be confirmed, the tenants to block the bill in the Senate. motions to reconsider be laid upon the ANOTHER TRAVEL OFFICE TRAVESTY They succeeded. The minority leader table, that any statements relating to Why are some people in Congress maneu- the nominations appear at the appro- succeeded in using the Senate proce- vering to keep that institution from making dures to block consideration of the bill right some of the wrongs done to fired White priate place in the RECORD, the Presi- that would make these seven families House travel office employees? Nothing the dent be immediately notified of the economically whole, and put the ordeal Congress can enact will make up for the Senate’s action, and that the Senate behind them—not psychologically damage done to the reputations of these then return to legislative session. whole, not their reputations whole, not workers. But fooling with them the way they The PRESIDING OFFICER. Without their dignity whole, not their pain and are is simply wrong. objection, it is so ordered. suffering whole, just their expenses— The travel office fiasco should have been The nominations considered and con- resolved days ago. Billy Dale and his six firmed are as follows: the least of what should be restored. travel office colleagues were summarily dis- The President’s lieutenants—the missed from their jobs in 1993 for the ARMY Democrats in this body—shot the bill shakiest of reasons. They were summarily The following United States Army Na- down. It was pure and simple legisla- told to vacate their offices by the incoming tional Guard officers for promotion in the tive harassment. That was on May 7. Clinton White House and publicly smeared Reserve of the Army to the grades indicated

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5458 CONGRESSIONAL RECORD — SENATE May 21, 1996 under title 10, U.S.C. section 3385, 3392 and entation, or ethnicity....’’ The act progress in participation levels. In 1991, 12203(a): has resulted in the creation of a Fed- 2,771 law enforcement agencies partici- To be major general eral data base on bias-motivated crimi- pated in the voluntary reporting pro- Brig. Gen. Jerome J. Berard, 000–00–0000 nal acts. In addition, it has served as a gram. In 1994, more than 7,200 agencies Brig. Gen. James W. Emerson, 000–00–0000 catalyst for an FBI effort to train participated. Local police, advocacy Brig. Gen. Rodney R. Hannula, 000–00–0000 State and local law enforcement offi- groups, mayors, and others have joined Brig. Gen. James W. MacVay, 000–00–0000 cials about hate crimes. Collection of the effort to encourage every law en- Brig. Gen. James D. Polk, 000–00–0000 this data can help alert local commu- forcement agency to comply, and as To be brigadier general nities and their law enforcement agen- more and more local agencies partici- Col. Earl L. Adams, 000–00–0000 cies to any pattern of hate crimes in pate, the statistics will be more and Col. H. Steven Blum, 000–00–0000 their neighborhoods. It can also help more useful to identify trends and for- Col. Harry B. Burchstead, Jr., 000–00–0000 mulate responses. In addition, the FBI Col. Larry K. Eckles, 000–00–0000 spur educational efforts aimed at en- Col. William L. Freeman, 000–00–0000 hancing goodwill in our communities. is in the process of working with Col. Gus L. Hargett, Jr., 000–00–0000 The Hate Crime Statistics Act has States to upgrade their computer sys- Col. Allen R. Leppink, 000–00–0000 proven its value, and has earned the tems. When this transition is complete, Col. Jacob Lestenkof, 000–00–0000 permanent reauthorization that the the data should be even more useful. Col. Joseph T. Murphy, 000–00–0000 Senate has now approved. Unfortunately, there are still law en- Col. Larry G. Powell, 000–00–0000 I wish to commend my friend and dis- forcement agencies in some States and Col. Roger C. Schultz, 000–00–0000 tinguished colleague, Senator SIMON, many large cities which are not yet Col. Michael L. Seely, 000–00–0000 for his work on this issue. Without his participating in the data collection. We Col. Larry W. Shellito, 000–00–0000 Col. Gary G. Simmons, 000–00–0000 tireless efforts, there would have been need active oversight of this act to en- Col. Nicholas P. Sipe, 000–00–0000 no Hate Crime Statistics Act of 1990, sure that these agencies join in this Col. George S. Walker, 000–00–0000 and no reauthorization of the act this important effort, making the statistics Col. Larry Ware, 000–00–0000 year. I also wish to commend his chief more accurate and useful. Col. Jackie D. Wood, 000–00–0000 counsel, Susan Kaplan, for her work on FBI Director Louis Freeh has stated f this law over several years. that he is committed to the continued Mr. SIMON. Mr. President, I am tracking of hate crimes statistics. LEGISLATIVE SESSION pleased that today the Senate will pass However, we believe that this effort The PRESIDING OFFICER. Under S. 1624, a bill to reauthorize and pro- has proven its usefulness and deserves the previous order, the Senate will now vide a permanent mandate for the Hate a permanent mandate. Collecting such return to legislative session. Crimes Statistics Act. I would like to data will not erase bigotry. It will, f thank Chairman HATCH for his leader- however, be a valuable tool in the fight HATE CRIMES STATISTICS ACT ship on this important issue, as well as against prejudice. Obviously, the FBI statistics do not AMENDMENTS my 51 colleagues who cosponsored this measure. In addition to its strong bi- yet accurately reflect the level of vio- Mr. GRASSLEY. Mr. President, I ask partisan support in the Senate, this lence motivated by prejudice in our so- unanimous consent that the Senate bill also has the strong support of At- ciety. We need only read the headlines proceed to the immediate consider- torney General Reno, as well as the en- and reports by advocacy groups to see ation of calendar No. 384, S. 1624. dorsement of major law enforcement how widespread the problem of hate The PRESIDING OFFICER. The and advocacy groups. crimes remains in our Nation. clerk will report. The Hate Crimes Statistics Act, The Justice Department recently The legislative clerk read as follows: which passed the Senate in 1990 by a launched a civil rights probe into a A bill (S. 1624) to reauthorize the Hate vote of 92 to 4 and was signed into law rash of arson which has destroyed at Crimes Statistics Act, and for other pur- by then President Bush, requires the least 23 black churches in the South poses. Justice Department to collect data on since 1993. The Justice Department is The PRESIDING OFFICER. Is there crimes that show evidence of prejudice trying to determine whether the objection to the immediate consider- based on race, religion, ethnicity, or crimes are racially motivated, and ation of the bill? sexual orientation. Until this Act was whether they are connected. Several of There being no objection, the Senate passed, no Federal records of such the incidents have been solved, how- proceeded to consider the bill. crimes were maintained. This lack of ever, and clearly racism motivated the Mr. HATCH. Mr. President, I wish to information made it difficult to deter- offenders. The teenagers found guilty express my appreciation to the Senate mine whether a particular crime was of burning a church in Mississippi in for its swift action in passing S. 1624, an isolated incident, or part of a con- 1993 shouted racial epithets during which permanently reauthorizes the tinuing series against a particular commission of their crime. Racist graf- Hate Crime Statistics Act. group. fiti was spray-painted on the walls of a The people of my State of Utah, and The act has proven successful in its Knoxville, TN Baptist church set afire of all of our States, have a stake in initial purpose—the creation of data on January 8, 1996. Sumter County Cir- this legislation, because any of our collection—and has also served as a cuit Court Judge Eddie Hardaway, a citizens can fall prey to a hate crime. catalyst for an FBI effort to train black judge who sent two white men to Every crime, of course, is a terrible State and local law enforcement offi- jail for vandalizing black churches, was event. But the hate crime is of a par- cials about hate crimes. Hearings held recently the victim of a shotgun attack ticularly insidious nature. It splits the before the Senate Judiciary Commit- which shattered bedroom windows in individual victim apart from his or her tee’s Subcommittee on the Constitu- his home. During the 1960’s civil rights neighbors and community. It isolates tion in 1992 and 1994 showed that one of movement, many black churches were the victim because of who he or she is. the prime benefits of the act is that it set ablaze, however in the late 1980’s The hate crime emphasizes the dif- has helped dramatically increase the and early 1990’s only one or two such ferences, not as the strengths they are awareness and sensitivity of the police crimes were reported each year. This in this diverse country, but as a means about hate crimes. Not only do victims recent string of arson reminds us that of dividing American from American. of hate crimes benefit from a more in- prejudice and hate crimes remain a It submerges the common humanity of formed police force, but greater police problem in our Nation. all peoples. All real Americans con- awareness encourages others to report Recent reports by private groups, demn these vile crimes without hesi- hate crimes. such as the Anti-Defamation League, tation or reservation. Since all data submission under the the National Coalition on Anti-Vio- Under the Hate Crime Statistics Act, act is voluntary, we did not anticipate lence Projects, and the National Asian the Attorney General is required to 100 percent participation by State and Pacific American Legal Consortium, collect data ‘‘about crimes that mani- local law enforcement agencies from confirm that unfortunately the prob- fest evidence of prejudice based on the start. Nonetheless, over the course lem of crimes based on prejudice con- race, religion, disability, sexual ori- of 4 years, there has been great tinues. The ADL’s 1995 annual audit of

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — SENATE S5459 anti-Semitic incidents actually had The legislative clerk read as follows: H.R. 1965 does not reauthorize funds some good news: the 1,843 anti-Semitic A bill (H.R. 1965) to reauthorize the Coastal for the Secretary of Commerce and Ad- incidents reported to the Anti-Defama- Zone Management Act of 1972, and for other ministrator of the Environmental Pro- tion League in 1995 represented a de- purposes. tection Agency to enforce the section crease of 223 incidents, or 11 percent, The PRESIDING OFFICER. Is there of law passed in 1990 to require States from the 1994 total of 2,066. This is the objection to the immediate consider- with CZM plans to prepare ‘‘coastal largest decline in 10 years. However, ation of the bill? nonpoint pollution control programs,’’ this good news is tempered by the seri- There being no objection, the Senate and also does not reauthorize grants to ousness of many of the incidents re- proceeded to consider the bill. States to prepare those programs. ported. For the fifth straight year in a Mr. STEVENS. Mr. President, I sup- I encourage other Members of the row, acts of anti-Semitic harassment port Senate passage of H.R. 1965, a bill Senate to support Senate passage of against individuals outnumber inci- to reauthorize the Coastal Zone Man- H.R. 1965. dents of vandalism against institutions agement Act [CZMA] through fiscal Mr. HOLLINGS. Mr. President, I rise and other property. year 1999. H.R. 1965 is similar to section to voice my support for passage of H.R. The National Coalition of Anti-Vio- 205 of S. 1142, a bill that Senators 1965, a bill to reauthorize the Coastal PRESSLER, HOLLINGS, BURNS, BREAUX, lence Projects and New York City Gay Zone Management Act [CZMA] for the and I have sponsored to reauthorize the and Lesbian Anti-Violence Project re- fiscal years 1997, 1998, 1999. This lan- activities of the National Oceanic and port similar findings for 1995. There guage is similar to language contained Atmospheric Administration. Our bill were fewer incidents of violence in S. 1142, the National Oceanic and At- has been reported by the Senate Com- against homosexuals in 1995, but the mospheric Administration authoriza- merce Committee, but has not yet been incidents were more violent. There was tion bill, which the Commerce Com- brought before the full Senate. an 8 percent drop in the number of inci- The CZMA was enacted in 1972 to, mittee reported favorably late last ses- dents, but a 10 percent increase in the among other things, provide grants to sion. number of assaults and rapes. States as an incentive to develop Fed- In 1969, the Commission on Marine We need to realize that the name- erally approved coastal zone manage- Science, Engineering and Resources— calling, the graffiti, the discrimina- ment [CZM] plans. CZM plans are in- the—Stratton Commission—recom- tion, and the threats and violence are tended to help plan for development in, mended that: all signs of a pervasive problem. The and protect, coastal areas. Twenty-four A Coastal Zone Management Act be en- more informed we are about the scope coastal States and five island terri- acted which will provide policy objectives for and nature of our communities’ prob- tories now have Federally approved the coastal zone and authorize federal lems with hate crimes, the better able grants-in-aid to facilitate the establishment CZM plans. Alaska, which has over half of State Coastal Zone Authorities empow- we will be to develop effective preven- the coastline of the United States, has tion and prosecution strategies, as well ered to manage the coastal waters and adja- had a CZM plan in place since 1979. Of cent land. as support structures for victims of the seven eligible coastal States and In response to this recommendation, these crimes. territories that do not yet have ap- I am pleased to join with Senator Congress in 1972 enacted coastal zone proved CZM plans, five—Georgia, Min- management legislation to balance HATCH today to express our gratitude nesota, Ohio, Texas and Indiana—are in to our colleagues, the Attorney Gen- coastal development and preservation the process of developing plans. needs. To encourage State participa- eral, law enforcement and advocacy In fiscal year 1995 and fiscal year tion, the CZMA established a vol- groups across the Nation who helped us 1996, the States and territories with ap- untary, two-stage, State assistance to pass this important legislation and proved CZM plans received appropria- program. The first stage involves the urge our friends in the House to move tions totalling $45.5 million and $46.2 award of section 305 grants to coastal quickly to pass this as well. million, respectively. H.R. 1965 author- Mr. GRASSLEY. Mr. President, I ask izes appropriations through fiscal year States for development of coastal man- unanimous consent that the bill be 1999 with modest growth to these agement programs meeting certain deemed read a third time and passed; amounts, at roughly the same levels as Federal requirements. State programs that the motion to reconsider be laid S. 1142. The bill also reauthorizes which were judged by the Secretary of upon the table; and that any state- grants for States to develop CZM plans, Commerce to meet those requirements ments relating to the bill be placed at increasing the amounts that may be re- received Federal approval and became the appropriate place in the RECORD. ceived, but ending the development eligible for the second stage of grants. The PRESIDING OFFICER. Without grants program after October 1, 1999. This second stage, under section 306, objection, it is so ordered. H.R. 1965 includes an amendment to provides ongoing assistance for States The bill (S. 1624) was deemed read the prevent the Secretary of Commerce to implement their federally approved third time and passed, as follows: from delaying the issuance of permits. coastal programs. All grants require S. 1624 Section 307 of the CZMA requires fed- equal matching funds from the State. Be it enacted by the Senate and House of Rep- eral activities—including private ac- Since passage of the CZMA, all 34 eligi- resentatives of the United States of America in tivities that require a Federal permit, ble State and territories have partici- Congress assembled, and federal assistance to State and pated in the program to some degree. SECTION 1. REAUTHORIZATION. local governments—to be consistent Of the original 34 participants, 29—24 The first section of the Hate Crime Statis- with the State’s CZM plan. Applicants States and five territories—currently tics Act (28 U.S.C. 534 note) is amended— for Federal permits—including permits have programs which have achieved (1) in subsection (b), by striking ‘‘for the to explore, develop or produce oil in federally approved status. Only five calendar year 1990 and each of the succeeding areas leased under the Outer Conti- States are not actively participating in 4 calendar years’’ and inserting ‘‘for each the program: Georgia, Texas, Indiana, calendar year’’; and nental Shelf Lands Act [OCSLA]—are (2) in subsection (c), by striking ‘‘through required to certify that the activity is Minnesota, and Ohio. Considering the fiscal year 1994’’. consistent with the State’s CZM plan 29 programs for which Federal approval f before the Federal permit can be has been attained, the national CZM issued. States must concur with the network covers in excess of 93 percent REAUTHORIZING THE COASTAL certification, but applicants may ap- of the Nation’s marine and Great ZONE MANAGEMENT ACT OF 1972 peal the State’s decision to the Sec- Lakes coastline. Mr. GRASSLEY. Mr. President, I ask retary of Commerce. Section 8 of H.R. The nature and structure of CZM pro- unanimous consent that the Commerce 1965 requires the Secretary to publish a grams vary widely from State to State. Committee be discharged from further notice when the record for any appeal This diversity was intended by Con- consideration of H.R. 1965 and that the has ended, and to make a decision on gress. Some States, like North Caro- Senate proceed to its immediate con- the appeal within 90 days—with a pos- lina, passed comprehensive legislation sideration. sible extension of 45 days. This would as a framework for coastal manage- The PRESIDING OFFICER. The prevent the Secretary from simply re- ment. Other States, like Oregon, used clerk will report. fusing to make a decision on an appeal. existing land use legislation as the

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5460 CONGRESSIONAL RECORD — SENATE May 21, 1996 foundation for their federally approved quest on behalf of the minority Mem- on or in relation to the amendments to programs. Finally, States like Florida bers. the budget resolution. That series of and Massachusetts networked existing, The PRESIDING OFFICER. Objec- votes is expected to continue through- single-purpose laws into a comprehen- tion is heard. out the day in an attempt to complete sive umbrella for coastal management. f action on the budget early Wednesday The national program, therefore, is evening. All Senators are asked to re- founded in the authorities and powers ORDERS FOR WEDNESDAY, MAY 22, main in or around the Senate Chamber of the coastal States and local govern- 1996 during Wednesday’s session in order to ments. Through the CZMA, these col- Mr. GRASSLEY. Mr. President, I ask facilitate the numerous votes. As a re- lective authorities are orchestrated to unanimous consent that when the Sen- minder, all votes following the first serve the ‘‘national interest in effec- ate completes its business today it will be limited to 10 minutes in length. tive management, beneficial use, pro- stand in adjournment until the hour of tection, and development of the coastal 9:15 a.m., on Wednesday, May 22, fur- f zone.’’ This 24-year program is a suc- ther, that immediately following the ADJOURNMENT UNTIL 9:15 A.M. cess story of how the local, State, and prayer, the Journal of proceedings be TOMORROW Federal Government can work together deemed approved to date, no resolu- for the benefit of all who enjoy and tions come over under the rule, the call Mr. GRASSLEY. Mr. President, if rely on our coastal resources. H.R. 1965 of the calendar be dispensed with, the there is no further business to come be- is a simple 3-year reauthorization of a morning hour be deemed to have ex- fore the Senate, I now ask that the program that works well. pired, and the Senate then resume con- Senate stand in adjournment under the Mr. GRASSLEY. Mr. President, I ask sideration of Senate Concurrent Reso- previous order. unanimous consent that the bill be lution 57; I further ask unanimous con- Thereupon, the Senate, at 6:21 p.m., deemed read a third time and passed; sent that the Senate then proceed to adjourned until Wednesday, May 22, that the motion to reconsider be laid vote on or in relation to the pending 1996, at 9:15 a.m. upon the table; and that any state- amendments to the budget resolution f ments relating to the bill appear at the in the order in which the amendment appropriate place in the RECORD. was offered, that each rollcall after the CONFIRMATIONS The PRESIDING OFFICER. Without first vote be limited to 10 minutes in Executive nomination confirmed by objection, it is so ordered. length, and that there be 1 minute for the Senate May 21, 1996: The bill (H.R. 1965) was deemed read debate equally divided prior to each the third time and passed. vote for a brief explanation of each IN THE ARMY f amendment; and I finally ask unani- THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFI- CERS FOR PROMOTION IN THE RESERVE OF THE ARMY MEASURE READ FOR THE FIRST mous consent that any second-degree TO THE GRADES INDICATED UNDER TITLE 10, UNITED STATES CODE, SECTIONS 3385, 3392 AND 12203(A): TIME—S. 1788 amendment, if offered, be limited to 1 minute of debate equally divided as To be major general Mr. GRASSLEY. Mr. President, I un- well. BRIG. GEN. JEROME J. BERARD, 000–00–0000. derstand that S. 1788, introduced today BRIG. GEN. JAMES W. EMERSON, 000–00–0000. The PRESIDING OFFICER. Without by Senator FAIRCLOTH, is at the desk, BRIG. GEN. RODNEY R. HANNULA, 000–00–0000. objection, it is so ordered. BRIG. GEN. JAMES W. MAC VAY, 000–00–0000. and I ask for its first reading. BRIG. GEN. JAMES D. POLK, 000–00–0000. Mr. GRASSLEY. Mr. President, I ask The PRESIDING OFFICER. The unanimous consent that with respect To be brigadier general clerk will read the bill for the first to the Chafee bipartisan amendment COL. EARL L. ADAMS, 000–00–0000. time. COL. H. STEVEN BLUM, 000–00–0000. The legislative clerk read as follows: No. 4018, that there be 5 minutes of de- COL. HARRY B. BURCHSTEAD, JR., 000–00–0000. bate to be equally divided in the usual COL. LARRY K. ECKLES, 000–00–0000. A bill (S. 1788) to amend the National COL. WILLIAM L. FREEMAN, 000–00–0000. Labor Relations Act and the Railway Labor form. COL. GUS L. HARGETT, JR., 000–00–0000. The PRESIDING OFFICER. Without COL. ALLEN R. LEPPINK, 000–00–0000. Act to repeal those provisions of Federal law COL. JACOB LESTENKOF, 000–00–0000. that require employees to pay union dues or objection, it is so ordered. COL. JOSEPH T. MURPH7, 000–00–0000. fees as a condition of employment, and for COL. LARRY G. POWELL, 000–00–0000. f COL. ROGER C. SCHULTZ, 000–00–0000. other purposes. COL. MICHAEL L. SEELY, 000–00–0000. Mr. GRASSLEY. Mr. President, I now PROGRAM COL. LARRY W. SHELLITO, 000–00–0000. COL. GARY G. SIMMONS, 000–00–0000. ask for its second reading, and since Mr. GRASSLEY. Mr. President, to- COL. NICHOLAS P. SIPE, 000–00–0000. there is no Member of the minority morrow morning at 9:15 a.m., the Sen- COL. GEORGE S. WALKER, 000–00–0000. COL. LARRY WARE, 000–00–0000. party present, I object to my own re- ate will begin a series of rollcall votes COL. JACKIE D. WOOD, 000–00–0000.

VerDate Aug 31 2005 06:13 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S21MY6.REC S21MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E849 EXTENSIONS OF REMARKS

AWARD-WINNING STUDENTS OF A TRIBUTE TO P.S. 230, THE RECIP- one course a semester for the last 20 years. CAESAR RODNEY HIGH SCHOOL IENT OF THE STATE-WIDE TITLE In recent years, since a fall injured her knee, 1 AWARD FOR ACADEMIC EXCEL- she has had some trouble getting around and LENCE AND ACHIEVEMENT has done much of her studying over the HON. MICHAEL N. CASTLE phone. But that's been one of the few concessions OF DELAWARE HON. CHARLES E. SCHUMER OF NEW YORK she had made to her age. In fact, the remark- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES able thing about her, as far as I'm concerned, is her attitude. She is truly young at heart, and Tuesday, May 21, 1996 Tuesday, May 21, 1996 spends her time dwelling on the future, not on Mr. SCHUMER. Mr. Speaker, I rise today to the past. Mr. CASTLE. Mr. Speaker, on April 27 to congratulate P.S. 230 as the recipient of the April 29, 1996, outstanding young people from It isn't though her past isn't interesting, Mr. Title 1 Distinguished School AwardÐone of Speaker. She graduated from high school in 50 schools throughout the Nation came to our the highest honors given to a New York Nation's Capital to compete in the national the early 1920's, finished fifth in the ``Miss school for their demonstrated committment to Schenectady'' contest shortly after graduation, finals of the We the People... The Citizen and academic excellence. The administrators and the Constitution Program. I am proud to an- and then worked in a number of positions until teachers of P.S. 230 have been dully recog- retiring in 1975. She was a social worker dur- nounce that the class from Caesar Rodney nized for their hard work in exceeding the High School in Camden represented Dela- ing the Depression, a switchboard operator State's standard performance level in both and accountant for General Electric Co., and, ware. These young scholars worked diligently reading and mathematics. Almost every grade finally, a clerk at the New York State Library. to reach the national finals by winning local level has earned above-average scores in Her husband and only son are both deceased. competitions in their home State. reading. I am particularly impressed by the She was determined to make the most of The distinguished members of the team rep- specialized instruction and attention given to those retirement years. She remembered get- resenting Delaware are: Nick Amalfitano, Mark third graders, as they have successfully ting good grades in writing projects in high Balfantz, Sondra Bell, Pauletta Brown, Jen- learned how to read at the sixth level. When school, so she began writing a family story ti- nifer Cajthuml, Allison Chippie, Will Cordeiro, recognized these results, it is no wonder that tled ``Susie's Chronicles,'' named for her Blair Craven, Ryan Dixon, John Dodd, Tom P.S. 230 has been selected for the Title 1 Dis- grandmother, Susie Emmons. Her ancestors Dodd, Lee Dunham, Shannan Foskey, Joy tinguished School Award. included some of New York State's earliest Ginter, Ron Hartnett, Kristie Hertz, Bonny I am especially honored to pay tribute to the settlers. Her English teachers have been im- Hodges, Jason Hutchins, Nikki McBride, Sean teachers and administrators of P.S. 230 for pressed by the first drafts of the book, and McGinty, Peter Morisseau, Tim Rudis, Dan providing a solid academic base for each stu- have expressed confidence that the book will dent. The entire student body is as culturally Schoettinger, Andrew Towle, Jennifer find a publisher. I'm looking forward to its pub- and ethnically diverse as New York, which has VanHorn, Matt Walsh, and Jeff Whisler. lication, and I'm sure it will be popular with the often created a unique set of hurdles for many I would also like to recognize their teacher, general reading public. elementary school teachers whose primary job Lowanda Emmons Deegan reads two news- Bill Windett, who deserves much of the credit is to provide basic reading and communication papers a day and often writes to me about is- for the success of the team. The district coor- skills. Yet, P.S. 230 has established a nurtur- sues of interest to older Americans. dinator, Diane Courtney, and the State coordi- ing environment in which to learn, ensuring Mr. Speaker, her attitude is what has made nator, Lewis E. Huffman, also contributed a the future success of every student. As a par- this the greatest country on Earth. Many peo- significant amount of time and effort to help ent whose daughter is currently enrolled at ple stop trying to improve themselves after a the team reach the national finals. P.S. 230, I am extremely proud of the entire certain age and settle into a comfortable rou- The We the People... The Citizen and the faculty and PTA for enabling each child to re- tine. She has not, and her story is an inspira- Constitution Program, supported and funded ceive a worthwhile learning experience that tion to us all. by Congress, is the most extensive edu- will stay with them their entire lives. I hope the Mr. Speaker, I ask you and this entire body cational program in the country developed families and supporters of P.S. 230 will con- to rise with me in tribute to an extraordinary specifically to educate young people about the tinue its legacy in educational achievement for lady and great American, Lowanda Emmons Constitution and the Bill of Rights. The 3-day future generations. Deegan of Ballston Lake, NY, on the occasion national competition simulates a congressional f of her long-awaited graduation from college. hearing in which students' oral presentations TRIBUTE TO LOWANDA EMMONS f are judged on the basis of their knowledge of DEEGAN constitutional principles and their ability to HONORING THE ALLONS apply them to historical and contemporary is- HON. GERALD B.H. SOLOMON VOLUNTEER FIRE DEPARTMENT sues. OF NEW YORK Administered by the Center for Civic Edu- IN THE HOUSE OF REPRESENTATIVES HON. BART GORDON OF TENNESSEE cation, the We the People... program, now in Tuesday, May 21, 1996 its eighth academic year, has provided curricu- IN THE HOUSE OF REPRESENTATIVES Mr. SOLOMON. Mr. Speaker, we all have lar materials at upper elementary, middle, and Tuesday, May 21, 1996 high school levels for more than 60,000 teach- extraordinary people in our districts, but there Mr. GORDON. Mr. Speaker, I am taking this ers, 22,000 schools, and 22 million students is one incredible lady in the 22nd District of opportunity to applaud the invaluable services nationwide. New York who stands apart. Her name is Lowanda Emmons Deegan, provided by the Allons Volunteer Fire Depart- The We the People... program provides an and she is 90 years young. Last Sunday, she ment. These brave, civic-minded people give excellent opportunity for students to gain an received her bachelors degree from the State freely of their time so that we may all feel informed perspective about the history and University at Albany. In other words, Mr. safer at night. principles of our Nation's constitutional govern- Speaker, she was 68 years old when most of Few realize the depth of training and hard ment. I wish these young constitutional ex- her fellow graduates were born. She truly work that goes into being a volunteer fire- perts the best of luck and look forward to their earned the right to lead the gradution proces- fighter. To quote one of my local volunteers, future participation in politics and government. sional. ``These firemen must have an overwhelming Congratulations again to the team from Cae- Lowanda Emmons Deegan could say, as desire to do for others while expecting nothing sar Rodney High School of Camden, DE. the song goes, ``I did it my way.'' She took in return.''

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E850 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1996 Preparation includes twice-monthly training for the Performing and Visual Arts as a ``Blue Instead, they have intensified their attack on programs in which they have live drills, study Ribbon'' school. In addition to the ``Blue Rib- those in the dawn of life, our children and the latest videos featuring the latest in fire- bon'' designation, this special school has also those in the twilight of life our seniors. Pro- fighting tactics, as well as attend seminars received national acclaim as a prototype for grams and services that are critical to helping where they can obtain the knowledge they subsequent magnet schools through the Unit- to ensure a reasonable quality of life for the need to save lives. Within a year of becoming ed States. most vulnerable are being gutted, once again, a volunteer firefighter, most attend the Ten- The Booker T. Washington High School for so that the GOP can give a tax cut to the nessee fire training school in Murfreesboro the Performing and Visual Arts was created wealthy. where they undergo further, intensified train- about 20 years ago, as a result of a court Medicare is cut $158 billion threatening ac- ing. order mandating that the Dallas schools de- cess to quality health care for millions of sen- When the residents of my district go to bed segregate and the realization by the Dallas iors. Provisions that were designed to help at night, they know that should disaster strike Independent School District of the specific control the escalating cost of health care serv- and their home catch fire, well-trained and need to educate gifted artists with both the po- ices for seniors are being repealed. Medicaid qualified volunteer fire departments are ready tential and aspiration for careers in the arts. is cut $72 billion. Poor children, disabled per- and willing to give so graciously and gener- Located in the Dallas Arts District, near the sons, and low-income seniors are at risk of ously of themselves. This peace of mind heart of the city, the magnet school attracts losing their health care coverage. Medicaid is students from throughout the metropolitan Dal- should not be taken for granted. converted to a block grant, and States are left las area. The multiethnic student body in- By selflessly giving of themselves, they en- to determine eligibility, and the duration and cludes approximately 650 students in grades 9 sure a safer future for us all. We owe these scope of health services to be provided. In ad- through 12. The instructional staff consists of volunteer fire departments a debt of gratitude dition, State funding match requirements are 54 teachers. Approximately 88 percent of the for their service and sacrifice. reduced. faculty have more than 10 years of teaching f experience while more than 83 percent have By cutting over $4 billion from financial aid, the Republican budget reduces the opportunity A TRIBUTE TO JACK MERELMAN advanced degrees. The school is accredited by the Texas Education Agency and the for hard working families to help their children Southern Association of Colleges and get a college education. In addition to eliminat- HON. VIC FAZIO Schools. ing, student aid funding provided by the State OF CALIFORNIA The arts school was created to provide a incentive grant program, and fellowships and IN THE HOUSE OF REPRESENTATIVES program of excellence in the arts which meets scholarships, the direct lending program is also eliminated. Tuesday, May 21, 1996 the needs of the students and the community. Intensive training in the performing or visual By dramatically cutting funding for housing Mr. FAZIO of California. Mr. Speaker, I rise arts allows students to explore the demands of and the earned income tax credit, the Repub- today to recognize Jack Merelman. Mr. an artistic career. A rigorous academic pro- lican budget will make it increasingly difficult Merelman is retiring from his position as direc- gram offers all courses required for the State's for low-income hard working families to make tor of Federal Research Membership Services three graduation plans. Students are selected ends meet. These families are already strug- to the California Counties Foundation. through audition, interview, portfolio, or other gling, the added burden could destroy them. Jack Merelman was raised in our Nation's demonstration of artistic aptitude. Banking and housing programs are cut $5.3 capital, served in the U.S. Army and attended Congratulations to the Booker T. Washing- billion. Welfare-related programs are cut $53 the University of Maryland for his bachelor and ton High School for the Performing and Visual billion and converted to a block grant. The job law degrees. He embarked on his public serv- Arts in Dallas on the 20-year evolution of a opportunities and basic skills program and the ice career in 1953 when he joined the staff of great idea. child care services program are among the the Organization of City Attorneys. In 1958, he f programs slated for elimination. became the general counsel for the National Association of Counties. CONCURRENT RESOLUTION ON Mr. Chairman, the Republican budget Mr. Merelman has participated in the devel- THE BUDGET, FISCAL YEAR 1997 threatens the stability of families across the opment of major program policies in Sac- country. Families do not want a handout, all ramento and Washington, DC. He was legal SPEECH OF they need, from time to time, is a helping hand counsel for the County Supervisors Associa- HON. LOUIS STOKES to help them get back on their feet. tion of California and the director of legislation OF OHIO Mr. Chairman, these GOP budget tactics and misplaced priorities should come as no for the National Association of Counties in IN THE HOUSE OF REPRESENTATIVES Washington, DC. The California State Asso- surprise to the American people. The Repub- ciation of Counties engaged his service as Thursday, May 16, 1996 licans touted last year that if they did not get both executive director and Washington rep- The House in Committee of the Whole the cuts in funding that they needed in the fis- resentative, through which he received the House on the State of the Union had under cal year 1996 budget, to give a $245 billion California State Association of Counties Presi- consideration the concurrent resolution (H. tax cut to the rich, the crown jewel in the dent's Award. Con. Res. 178) establishing the congressional GOP's Contract With America, they would budget for the U.S. Government for fiscal shut the Government down. And, as each of Jack Merelman is closing a career of public year 1997 and setting forth appropriate budg- service that spans five decades. His many ac- etary levels for fiscal years 1998, 1999, 2000, us recalls, they did just that, our Republican complishments are to be commended, and 2001, and 2002: colleagues held the American people hostage, shut the Government down, and denied them best wishes extended for a rewarding and Mr. STOKES. Mr. Chairman, I rise today in access to critical services. That GOP tantrum gratifying retirement. strong opposition to House Concurrent Reso- cost the American people $1.5 billion, and it f lution 178, the Fiscal Year 1997 Republican needlessly increased the deficit. Budget Resolution. The American people must EXCELLENCE IN ARTS EDU- clearly understand that the Republicans' Fiscal The GOP touted last year that if they did not CATION—A LEGACY OF INTEGRA- Year 1997 Budget Resolution, House Concur- get the cuts they wanted in fiscal year 1996, TION rent Resolution 178, which eliminates 130 pro- they would cut programs and services further grams and the Department of Commerce and in fiscal year 1997, and they are doing just HON. EDDIE BERNICE JOHNSON the Department of Energy, is a continuation of that. You may also recall that our Republican OF TEXAS their attack on the most vulnerable among us, colleagues emphasized throughout the fiscal year 1996 appropriations process, that the fis- IN THE HOUSE OF REPRESENTATIVES children, seniors, veterans, and hard working families across the country. cal year 1996 cuts were just a downpayment Tuesday, May 21, 1996 My colleagues on the other side of the aisle on their budget gutting mission to give a tax Ms. EDDIE BERNICE JOHNSON of Texas. have decided to ignore the message of the cut to the rich. Mr. Speaker, I am pleased today to be able to American people to protect the quality of life, This outrageous fiscal year 1997 budget is add my congratulations for the recent naming to protect the environment, and to protect edu- extremely harmful to America's families and of Dallas' Booker T. Washington High School cation. citizens, no one is safe from the tre- May 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E851 mendous pain and suffering that would result Witnesses said that a few minutes later it LINCOLN HIGH SCHOOL WINS if this measure is passed. would have been too late. REDBOOK DISTINCTION Mr. Chairman, on behalf of our Nation's chil- Mr. Speaker, it's all too easy to fall into the dren, working families, veterans, and seniors, trap of thinking that all kids these day are ill- HON. EDDIE BERNICE JOHNSON this bill must be defeated. I ask my colleagues mannered brats, but that is obviously far from OF TEXAS to join me in voting no, on House Concurrent the truth. A grateful Mrs. Parker later remem- IN THE HOUSE OF REPRESENTATIVES Resolution 178. bered young Turner as the good kid across Tuesday, May 21, 1996 f the street who used to help her with chores. Ms. EDDIE BERNICE JOHNSON of Texas. HONORING THE ALGOOD But let us acknowledge, Mr. Speaker, that Ted Mr. Speaker, I rise today to congratulate a VOLUNTEER FIRE DEPARTMENT Turner III is not a ``kid'' but a young man al- great school in the heart of Dallas as the re- ready assuming his duties as a responsible cipient of a recent award for unparalleled ex- HON. BART GORDON citizen and neighbor. We find such heroes in cellence. The Lincoln Humanities/Communica- OF TENNESSEE neighborhoods in towns and villages and cities tions Magnet High School recently received IN THE HOUSE OF REPRESENTATIVES all over America, and it's what makes this the the distinction of being a ``Redbook'' school for great country what it is. overall excellence, and it is a well deserved Tuesday, May 21, 1996 Let us also, Mr. Speaker, acknowledge the honor for a school which has worked hard to Mr. GORDON. Mr. Speaker, I am taking this improve and excel in education. Lincoln at- opportunity to applaud the invaluable services quick thinking of Jenny Lortz, who first called 911, and joined Turner both in his rescue and tracts students from all parts of Dallas and provided by the Algood Volunteer Fire Depart- surrounding communities despite being in the later in staying with Mrs. Parker as ment. These brave, civic-minded people give center of the city. Queensbury Central, my old volunteer com- freely of their time so that we may all feel Many times I have visited Lincoln High safer at night. pany, put out the flames. School and each time I see the excitement on Few realize the depth of training and hard Mrs. Parker, I might add, used to work for the students' faces as they study and partici- work that goes into being a volunteer fire- my father's store, M. Solomon's, in pate in the learning process. The teachers and fighter. To quote one of my local volunteers, Queensbury, and I certainly am glad she sur- administrators are equally inspired as they in- ``These firemen must have an overwhelming vived this ordeal. struct and counsel the students. Under the di- desire to do for others while expecting nothing We have two heroes to thank for that, Mr. rection of Dr. Napoleon B. Lewis, Sr., the prin- in return.'' Speaker, so let us rise in tribute to those two cipal, this unique high school has outshone Preparation includes twice-monthly training other schools in academics, the arts, music, programs in which they have live drills, study fine Americans, Theodore Turner III and Jenny Lortz of Queensbury, NY. and sports. the latest videos featuring the latest in fire- Lincoln Humanities/Communications Magnet fighting tactics, as well as attend seminars f High School opened as Lincoln High School in where they can obtain the knowledge they January 1939. The school was built to serve need to save lives. Within a year of becoming A TRIBUTE TO EVAN HALE Dallas' black children in the South, East, and a volunteer firefighter, most attend the Ten- Oak Cliff communities of the city. Recently, nessee fire training school in Murfreesboro Lincoln High School has lived up to its com- where they undergo further, intensified train- HON. VIC FAZIO mitment to students in the areas of commu- ing. nications and humanities with impressive When the residents of my district go to bed OF CALIFORNIA showings in the National Merit and National at night, they know that should disaster strike IN THE HOUSE OF REPRESENTATIVES Achievement Scholarship Program. and their home catch fire, well-trained and The Redbook award for unparalleled excel- qualified volunteer fire departments are ready Tuesday, May 21, 1996 lence is another feather in Lincoln High and willing to give so graciously and gener- School's cap, and it will give them even more ously of themselves. This peace of mind Mr. FAZIO of California. Mr. Speaker, I rise incentive to continue to offer the best edu- should not be taken for granted. today to recognize my good friend Evan Hale. cation in the arts, music, and humanities for By selflessly giving of themselves, they en- Evan is retiring after nearly 40 years of profes- students all over the Metroplex. Congratula- sure a safer future for us all. We owe these sional and civic service in various agricultural tions Lincoln High School. Keep up the great volunteer fire departments a debt of gratitude related positions. work. for their service and sacrifice. Growing up on a farm near Pocatello, ID, in- f f stilled in Evan an understanding and sincere HONORING THE ALMAVILLE HEROISM IS ALIVE AND WELL commitment to agriculture at an early age. In VOLUNTEER DEPARTMENT 1959, he became Director of Communications HON. GERALD B.H. SOLOMON for the Idaho Farm Bureau Federation and then served as Secretary of the Board and HON. BART GORDON OF NEW YORK Treasurer of the affiliated Farm Bureau Insur- OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES ance Company. IN THE HOUSE OF REPRESENTATIVES Tuesday, May 21, 1996 Tuesday, May 21, 1996 Evan continued his public service to the ag- Mr. SOLOMON. Mr. Speaker, I've got some ricultural community as executive assistant to Mr. GORDON. Mr. Speaker, I am taking this good news for you, and for all of America. U.S. Secretary of Agriculture, Earl Butz and opportunity to applaud the invaluable services Heroism is alive and well and, I'm proud to served as chief of staff of the U.S. Department provided by the Almaville Volunteer Fire De- say, it's alive and well in my own hometown of Agriculture [USDA] in the 1970's. While at partment. These brave, civic-minded people of Queensbury, NY. USDA, Evan also acted as liaison to farm or- give freely of their time so that we may all feel Mrs. Cecilia L. Parker of Meadowbrook ganizations, Congress, the White House and safer at night. Road, a few miles north of my own street, is foreign embassies. He worked with a number Few realize the depth of training and hard alive today because of the heroism of two work that goes into being a volunteer fire- of foreign trade missions, including six coun- neighbors, Jenny Lortz, and high school stu- fighter. To quote one of my local volunteers, tries behind the iron curtain. dent Theodore ``Ted'' Turner III. ``These fireman must have an overwhelming Last month, the Parker car burst into flames Currently, Evan is President of the Western desire to do for others while expecting nothing in her carport. Neighbor Jenny Lortz, alerted Water District Farm Credit Council and Vice in return.'' by a daughter, dialed 911 and ran to inves- President of Legislative Affairs for the Western Preparation includes twice-monthly training tigate. Across the street, the young Turner Farm Credit Bank. He will be retiring at the programs in which they have live drills, study saw the flames and ran to the house. He and end of this month, and he and his wife Audrey the latest videos featuring the latest in fire- Lortz determined that Mrs. Parker was inside plan to move closer to their children and fighting tactics, as well as attend seminars the house. With the noise from exploding car grandchildren. I commend Evan on his suc- where they can obtain the knowledge they tires in his ears, Turner kicked in a back door cessful career and thank him for his dedicated need to save lives. Within a year of becoming and pulled a stunned Mrs. Parker out of her public service. I wish my friend a rewarding a volunteer firefighter, most attend the Ten- chair and through the smoke to safety. and gratifying retirement. nessee fire training school in Murfreesboro E852 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1996 where they undergo further, intensified train- these programs are reinvested into strength- in the States of Wisconsin and Maryland. In ing. ening these critical health care programs, not doing so, the President has, in his own words, When the residents of my district go to bed destroying them. given ``us hope that we can break the vicious at night, they know that should disaster strike To ensure continued improvements in the cycle of welfare dependency.'' and their home catch fire, well-trained and health of the American people, the measure I'm heartened by this move and the clear qualified volunteer fire departments are ready also retains strong support for funding initia- evidence that the White House, Congress, and and willing to give so graciously and gener- tives to further advances in the early detec- the States are finally coming together on the ously of themselves. This peace of mind tion, diagnosis, and prevention of disorders best possible way to take people off the na- should not be taken for granted. and diseases, from cancer, to diabetes, to tional dole and put them to work at the same By selflessly giving of themselves, they en- aids, by enhancing funding for the Centers for time strengthening families and protecting in- sure a safer future for us all. We owe these Disease Control and the National Institutes of nocent children. volunteer fire departments a debt of gratitude Health. Most of us agree that the Federal Govern- for their service and sacrifice. Mr. Chairman, I strongly urge my colleagues ment still has an indispensable role to play in the welfare system by setting guidelines that f to vote ``yes'' on the Congressional Black Cau- cus and Progressive Caucus caring budget. I ensure able-bodied citizens work for their CONCURRENT RESOLUTION ON urge my colleagues to join me in supporting checks and that children are fed, clothed, and cared for while their parents are on the job. THE BUDGET, FISCAL YEAR 1997 this substitute budget which strengthens the But most of us also agree that it makes Nation's fiscal policy and priorities in a respon- SPEECH OF good fiscal and common sense to give the sible and compassionate manner. States and their Governors greater flexibility HON. LOUIS STOKES f and incentives to find the most effective and OF OHIO A TRIBUTE TO THE HONORABLE efficient local solutions to problems in the wel- IN THE HOUSE OF REPRESENTATIVES JOHN F. INGRO fare system. I've long supported reforming our welfare Thursday, May 16, 1996 system in a way that promotes work, protects The House in Committee of the Whole HON. GEORGE E. BROWN, JR. children, and empowers States. That's why I'm House on the State of the Union had under OF CALIFORNIA so encouraged by the initiative of States like consideration the concurrent resolution (H. IN THE HOUSE OF REPRESENTATIVES Maryland and Wisconsin and the President's Con. Res. 178) establishing the congressional approval of welfare system waivers for 38 budget for the U.S. Government for fiscal Tuesday, May 21, 1996 year 1997 and setting forth appropriate budg- StatesÐincluding one for my home State of Mr. BROWN of California. Mr. Speaker, South Dakota. etary levels for fiscal years 1998, 1999, 2000, after 20 years of distinguished service for the 2001, and 2002: States are demonstrating that we can move State of California, the Honorable John F. forward in reforming our welfare system with- Mr. STOKES. Mr. Chairman, I rise today in Ingro is retiring. His dedication and tireless out too heavy a hand from the Federal Gov- strong support of the Congressional Black commitment to the pursuit of justice as a San ernment. Their ingenuity should be praised Caucus and Progressive Caucus substitute Bernardino Superior Court Judge has been and their plan should be used as an example budget for fiscal year 1997. This alternative re- well regarded and appreciated. Not only has for all of us to finally come together and find flects the vision of a caring majority. Unlike the the Honorable John F. Ingro served admirably a sensible, effective approach to taking care of Republican majority budget which dramatically as a judge, but also as an outstanding mem- our kids, putting people to work, and moving threatens the health of millions of Americans, ber of his community. With his involvement on Americans out of poverty. the CBC and Progressive Caucus' substitute the board of directors of various community If we put our children first and partisan poli- protects the health of those in the dawn of life, organizations, Judge Ingro has become a val- tics aside, I believe we can do this. our children, and those in the twilight of life, ued asset to the San Bernardino area. f our seniors. Judge Ingro first began his career in law The Republican measure continues their as- after receiving his doctor of jurisprudence de- HONORING THE CORNERSVILLE sault on the health of the weakest among us gree from the University of California at Berke- VOLUNTEER FIRE DEPARTMENT by gutting $158 billion from Medicare, gutting ley, Boalt Hall School of Law, in 1959. Upon $72 billion from Medicaid, forcing seniors to receiving his degree, Mr. Ingro was subse- HON. BART GORDON pay more for less health care, denying health quently admitted to the California State Bar in OF TENNESSEE care services to children aged 13 to 18, and 1960. From 1960 to 1964, he served as dep- IN THE HOUSE OF REPRESENTATIVES eliminating the guarantee of coverage for all uty district attorney for the County of San Tuesday, May 21, 1996 low-income seniors who cannot afford Medi- Bernardino, and then as a deputy public de- Mr. GORDON. Mr. Speaker, I am taking this care. The list of pain and suffering goes on fender for the county from 1964 to 1965. opportunity to applaud the invaluable services and on. After his brief tenure for the county, Judge provided by the Cornersville Volunteer Fire Mr. Chairman, the Congressional Black Ingro maintained a private law practice for 9 Department. These brave, civic-minded people Caucus and Progressive Caucus alternative years. On May 6, 1976, he was appointed to give freely of their time so that we may all feel budget overturns the assault on the health of the San Bernardino Superior Court by Gov- safer at night. the American people, while also balancing the ernor Edmund G. Brown. Following his ap- Few realize the depth of training and hard budget. The CBC budget increases funding for pointment, Mr. Ingro was reelected for three work that goes into being a volunteer fire- the program authorized under the Disadvan- consecutive terms, in 1978, 1984, and 1990. fighter. To quote one of my local volunteers, taged Minority Health Improvement Act in an His service to the county of San Bernardino ``These firemen must have an overwhelming effort to ensure an adequate supply of health will be missed, and I wish the Honorable John desire to do for others while expecting nothing care professionals in medically underserved F. Ingro a prosperous and happy retirement. in return.'' areas; provides the resources necessary to f Preparation includes twice-monthly training adequately address the toxic waste disposal programs in which they have live drills, study problem as outlined in the Environmental Jus- WELFARE REFORM the latest videos featuring the latest firefighting tice Act and provides funding for historically tactics, as well as attend seminars where they black colleges' hospitals which have tradition- HON. TIM JOHNSON can obtain the knowledge they need to save ally provided health care services for dis- OF SOUTH DAKOTA lives. Within a year of becoming a volunteer advantaged populations. To further progress in IN THE HOUSE OF REPRESENTATIVES firefighter, most attend the Tennessee fire addressing the Nation's substance abuse training school in Murfreesboro where they un- Tuesday, May 21, 1996 problem, the measure increases funding to dergo further, intensified training. provide for a more comprehensive substance Mr. JOHNSON of South Dakota. Mr. Speak- When the residents of my district go to bed abuse treatment and prevention initiative. er, on Saturday, President Clinton delivered a at night, they know that should disaster strike With respect to Medicare and Medicaid the speech which I believe significantly advances and their home catch fire, well-trained and Congressional Black Caucus and Progressive the national debate over reforming our welfare qualified volunteer fire departments are ready Caucus substitute ensures that current cov- system. and willing to give so graciously and gener- erage of Medicaid and Medicare is preserved The President applauded and endorsed the ously of themselves. This peace of mind and strengthened. All savings generated from general idea behind the welfare reform plans should not be taken for granted. May 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E853 By selflessly giving of themselves, they en- devoting outstanding service to a number of This it is the highest award given to mem- sure a safer future for us all. We owe these organizations including the National Education bers of school safety patrols throughout the volunteer fire departments a debt of gratitude Association, California Teachers' Association, United States. It is presented to students who, for their services and sacrifice. NAACP, Urban League and the Retired Offi- while on duty, took heroic lifesaving actions to f cers Association. In addition, he has served a save the life of a fellow student from imminent number of local organizations including the danger. TRIBUTE TO LESTER RIGGINS Sacramento City Civil Service Board, the One of the young people being honored Harry S Truman Club, the Sacramento City Af- today is William ``Willy'' D. Mace, 10, who is HON. ROBERT T. MATSUI firmative Action Committee, and the California from my district. Willy is a safety patrol mem- OF CALIFORNIA Conference on the Black Family. ber at Borland Elementary School, located in IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we ask our colleagues to join Canonsburg, PA. The other winners are Shane Lee, 11, of Tuesday, May 21, 1996 us in recognizing the great spirit of this com- mitted individual and in wishing him many Cherry Run Elementary School in Burke, VA, Mr. MATSUI. Mr. Speaker, we rise before years of continued success, happiness, and and Esther Daniel, 11, of Trapnell Elementary you today to pay tribute to Mr. Lester Riggins prosperity of his retirement. School in Plant City, FL. Willy Mace, the young man from my district, of Sacramento who is retiring after an out- f standing career of more than 40 years as a was on his safety patrol job just 2 days last manager, educator, administrator, entre- SALUTE TO THE UNIVERSITY OF September when an emergency situation preneur, community, and political activist and KENTUCKY VICTORY IN THE arose. Out of the corner of his eye, Willy spot- serviceman in the U.S. Air Force. NCAA FINAL FOUR ted a Rambunctious 6-year-old dashing out Mr. Riggins was born in Marshall, TX and into traffic to greet his father and brother who moved with his family to Fresno, CA at the were standing across the street. HON. SCOTTY BAESLER Willy noticed a fast approaching car and age of 8. In his early academic career, he OF KENTUCKY strived for excellent grades in preparation for screamed at the little boy to stop. Willy raced IN THE HOUSE OF REPRESENTATIVES after the boy and, fortunately, grabbed the 6- college and pursued a number of sports, as year-old and pulled him back out of the path well as success in the California Cadet Corp., Tuesday, May 21, 1996 of the on-coming car. The driver slammed on where he rose to the rank of First Sergeant. Mr. BAESLER. Mr. Speaker, on behalf of his brakes, narrowly missing the boys. In 1946, Mr. Riggins joined the U.S. Army the people of the great State of Kentucky, it is Being the father of four children and the and served for almost 2 years, earning the my honor and privilege to rise to salute the grandfather of six, I can almost hear the sighs rank of Buck Sergeant and obtaining 4 years University of Kentucky basketball team. As of relief. Willy was an instant hero! of education through the GI bill. He then re- you are aware, the U.K. Wildcats are the 1996 Shane Lee also took heroic action, this time turned to Fresno, enrolling at Fresno State National champions in college basketball. Yes- to save a 6-year-old boy who had darted back College, where he played football on scholar- terday, May 20, they were the toast of Wash- to a stopped school bus last October and was ship and completed his AF ROTC. He grad- ington and feted at the White House. laying down in the road in front of one of the uated from Fresno State College in 1951 with The University of Kentucky seized the bus's front tires. It was unclear what the child a BA in history and earned awards for out- NCAA crown with a combination of speed, de- was doing, but Shane, who was in charge of standing AF ROTC cadet, three varsity letters, fensive prowess, unparalleled depth, 3 point rear patrol for the bus, suddenly saw the a Blue Key Honor Society scholarship, Phi accuracy, team cohesiveness, and its child's legs, ran to the front of the bus and Gammu Mu and listing in Who's Who in Col- unblinking poise under incredible pressure. pulled the little boy back over the curb just as lege, 1951. The victory in this year's tournament rep- the bus was starting to move forward. Need- Shortly after graduating, he was called to resents the sixth time the University of Ken- less to say, the bus driver was very startled to active duty during the Korean war, serving tucky has won the top honor in the NCAA bas- suddenly see two faces pop up on the side of from 1951 to 1971 in a number of assign- ketball tournament. This season also puts the bus and quickly stopped. ments which took him throughout Asia, Eu- Kentucky back on top with the most all time It was a dark, rainy morning last October in rope, and the United States. During this period wins in the annals of college basketball. Plant City, FL when Esther Daniel quickly rec- of service, he earned a number of medals and It has often been said that basketball is a ognized danger and raced to save a 5-year- awards and pursued his academic interests, religion in the State of Kentucky. The skeptics old girl. The little girl, who had just left her earning an MBA from Indiana University and a were scarce in the state from the moment the bus, suddenly started crying. Thinking she had masters in science, counseling, and psychol- team laced up its sneakers for the first time left her backpack on the bus, the little girl ogy from DC University, he has since com- this past season. abruptly turned around and ran after the bus pleted all course work for DPA at the Univer- Our fans had good reason to dare to dream. which by this time was about ready to turn sity of Southern California. The Wildcats were placed on the top of many back onto a main road. Thankfully, Esther After leaving the military, Mr. Riggins be- preseason polls and during the season, they chased the little girl and caught her and held came active in politics, community activism, vanquished many opposing teams by more her back just before the child reached the and civic interests. Professionally, he settled than 20 points. The Big Blue team came bus's rear wheel. Again thank goodness for at California State University in Fresno where through, and fulfilled the hoop dreams of Wild- clear-thinking safety patrol students! I also want to take a moment to thank the as Assistant Professor, he served as chairman cat fans, young and old, during the NCAA American Automobile Association for honoring of the black studies program, increasing en- Final Four. rollment from 200 to over 2,000 students. In these outstanding safety patrol members. I encourage my colleagues to join me in sa- In the 1920's AAA began organizing safety 1976, he was appointed by Governor Jerry luting coach Rick Pitino, the members of the patrol programs whereby older students assist Brown as Chief Deputy Director of the Depart- U.K. team, both individually and collective, the younger students with crossing streets to and ment of General Services for the State of Cali- citizens of the Commonwealth of Kentucky, from school. Today, more than 500,000 stu- fornia. There, he was responsible for over and the fans of U.K. basketball everywhere. dents across the country serve as AAA safety 5,000 employees and a budget exceeding $50 f patrol volunteers and more than 50,000 million. In 1983, he left the State and founded 1996 AAA SCHOOL SAFETY PATROL schools have safety patrols. California Matrix, Inc., a consulting firm. AAA supplies training materials, belts, LIFESAVING MEDAL He later served for 1 year as director of badges and other items needed to operate the youth training program for IMPACT, a Califor- safety patrol programs. Importantly, AAA pro- nia National Guard program in Modesto, CA. HON. FRANK MASCARA motes and recognizes patrol efforts each year In 1985, he took a position as counselor/night OF PENNSYLVANIA through a series of awards, newsletters, sum- administrator at the Grant Skills Center of the IN THE HOUSE OF REPRESENTATIVES mer camps, and scholarships. Grant Join Union High School district. In this On behalf of my colleagues, and parents all Tuesday, May 21, 1996 capacity, he provides counseling services and across the country, I want to thank AAA for its resources to the more than 1,000 students at- Mr. MASCARA. Mr. Speaker, I am proud to work in helping to keep our youngsters a little tending each semester. announce to the House today the names of safer on their way to and from school. Apart from his professional careers in the the three youngsters who are winners of the I am very proud of Willy, Shane, and Esther USAF and in education, Mr. Riggins has dis- 1966 American Automobile Association Life- and know their parents and communities are tinguished himself as a consummate activist saving Medal. also very pleased that three young people E854 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1996 showed the courage necessary to save an- partment. These brave, civic-minded people a volunteer firefighter, most attend the Ten- other's life. God bless each of you. give freely of their time so that we may all feel nessee fire training school in Murfreesboro f safer at night. where they undergo further, intensified train- Few realize the depth of training and hard ing. HONORING THE CHAPEL HILL work that goes into being a volunteer fire- When the residents of my district go to bed VOLUNTEER FIRE DEPARTMENT fighter. To quote one of my local volunteers, at night, they know that should disaster strike ``These firemen must have an overwhelming and their home catch fire, well-trained and HON. BART GORDON desire to do for others while expecting nothing qualified volunteer fire departments are ready OF TENNESSEE in return.'' and willing to give so graciously and gener- IN THE HOUSE OF REPRESENTATIVES Preparation includes twice-monthly training ously of themselves. This peace of mind programs in which they have live drills, study should not be taken for granted. Tuesday, May 21, 1996 the latest videos featuring the latest in fire- By selflessly giving of themselves, they en- Mr. GORDON. Mr. Speaker, I am taking this fighting tactics, as well as attend seminars sure a safer future for us all. We owe these opportunity to applaud the invaluable services where they can obtain the knowledge they volunteer fire departments a debt of gratitude provided by the Chapel Hill Volunteer Fire De- need to save lives. Within a year of becoming for their service and sacrifice. Tuesday, May 21, 1996 Daily Digest Senate Pending: Chamber Action Boxer Amendment No. 3982, to preserve, protect, Routine Proceedings, pages S5397–S5460 and strengthen the Medicaid program by controlling Measures Introduced: Four bills and one resolution costs, providing State flexibility, and restoring criti- were introduced, as follows: S. 1785–1788, and S. cal standards and protections, including coverage for Res. 255. Page S5443 all populations covered under current law, to restore $18 billion in excessive cuts, offset by corporate and Measures Passed: business tax reforms, and to express the sense of the Honoring Admiral Jeremy M. Boorda: Senate Senate regarding certain Medicaid reforms. agreed to S. Res. 255, to honor Admiral Jeremy M. Page S5398 ‘‘Mike’’ Boorda. Pages S5410±12 Wyden/Kerry Amendment No. 3984, to express Hate Crimes Statistics Act: Senate passed S. the sense of the Senate regarding revenue assump- 1624, to reauthorize the Hate Crime Statistics Act. tions. Page S5398 Pages S5458±59 Wellstone Amendment No. 3985, to express the sense of the Senate on tax deductibility of higher Coastal Zone Management Reauthorizations: education tuition and student loan interest costs. Committee on Commerce, Science, and Transpor- Pages S5413±14 tation was discharged from further consideration of Wellstone/Kerry Amendment No. 3986, to ex- H.R. 1965, to reauthorize the Costal Zone Manage- press the sense of the Senate that funds will be avail- ment Act of 1972, and the bill was then passed, able to hire new police officers under the Commu- clearing the measure for the President. nity Oriented Policing Service. Pages S5413, S5428±30 Pages S5459±60 Wellstone Amendment No. 3987, to express the Congressional Budget: Senate continued consider- sense of the Senate that Congress will not enact or ation of S. Con. Res. 57, setting forth the congres- adopt any legislation that would increase the number sional budget for the United States Government for of children who are hungry or homeless. Page S5413 fiscal years 1997, 1998, 1999, 2000, 2001, and Wellstone Amendment No. 3988, to express the 2002, taking action on amendments proposed there- sense of the Senate with respect to maintaining cur- to, as follows: Pages S5398±S5410, S5412±42 rent expenditure levels for the Low Income Home Adopted: Energy Assistance Program for fiscal year 1997. Levin Amendment No. 4020, to express the sense Page S5398 of the Congress that amounts appropriated for the Wellstone Amendment No. 3989, to express the National Institutes of Health should be increased sense of the Senate with respect to the interrelation- above its fiscal year 1996 appropriation for addi- ship between domestic violence and welfare. tional research into an anti-addiction drug to block Page S5413 the craving of illicit addictive substances. Kerry Amendment No. 3990, to restore proposed Pages S5398±S5400 cuts in the environment and natural resources pro- Domenici (for Helms) Amendment No. 4021, to grams, to be offset by the extension of expired tax express the sense of the Senate regarding the exten- provisions or corporate and business tax reforms. sion of the employer education assistance exclusion Page S5398 under section 127 of the Internal Revenue Code of Kerry Amendment No. 3991, to increase the 1986. Pages S5400±01 Function 500 totals to maintain levels of education Domenici (for Bingaman) Amendment No. 4026, and training funding that will keep pace with rising to express the sense of the Senate that the Economic school enrollments and the demand for a better- Development Administration should place high pri- trained workforce, to be offset by the extension of ority on maintaining field-based economic develop- expired tax provisions or corporate and business tax ment representatives. Page S5439 reforms. Pages S5433±35 D505 D506 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1996 Kyl Amendment No. 3995, to express the sense Gramm Amendment No. 4009, to express the of the Senate regarding a supermajority requirement sense of the Congress that the 1993 income tax in- for raising taxes. Page S5398 crease on Social Security benefits should be repealed. Kyl Modified Amendment No. 3996, to provid- Page S5398 ing funding for the Low Income Home Energy As- Brown Amendment No. 4010, to express the sistance Program through fiscal year 2000. sense of the Senate that there should be a cap on the Pages S5412±13 application of the civilian and military retirement Kennedy Amendment No. 3997, to express the COLA. Page S5398 sense of the Congress that the reconciliation bill Harkin Amendment No. 4011, to provide that should maintain the existing prohibition against ad- the first reconciliation bill not include Medicaid re- ditional charges by providers under the Medicare form, focusing mainly on Welfare reform by shifting program. Page S5398 Medicaid changes from the first to the second rec- Kennedy Amendment No. 3998, to express the onciliation bill. Page S5398 sense of the Congress that the reconciliation bill Harkin (for Specter) Amendment No. 4012, to re- should not include any changes in Federal nursing store funding for education, training, and health pro- home quality standards or the Federal enforcement of grams to a Congressional Budget Office freeze level such standards. Page S5398 for fiscal year 1997 through an across the board re- Kennedy Amendment No. 3999, to express the duction in federal administrative costs. sense of the Congress that provisions of current Med- Pages S5420±21, S5440±41 icaid law protecting families of nursing home resi- Bumpers Amendment No. 4013, to establish that dents from experiencing financial ruin as the price of no amounts realized from sales of assets shall be needed care for their loved ones should be retained. scored with respect to the level of budget authority, outlays, or revenues. Page S5398 Page S5398 Kennedy Amendment No. 4000, to express the Bumpers Amendment No. 4014, to eliminate the sense of the Senate relating to the protection of the defense firewalls. Page S5398 Thompson Amendment No. 3981, to express the wages of construction workers. Page S5398 sense of the Senate on the funding levels for the Byrd Amendment No. 4001, to increase overall Presidential Election Campaign Fund. Page S5398 discretionary spending to the levels proposed by the President, offset by the extension of expired tax pro- Murkowski Amendment No. 4015, to prohibit sense of the Senate amendments from being offered visions or corporate and business tax reforms. to the budget resolution. Page S5398 Page S5398 Simpson (for Kerrey) Amendment No. 4016, to Lott/Smith Modified Amendment No. 4002, to express the sense of the Senate on long term entitle- express the sense of the Congress regarding reim- ment reforms. Page S5398 bursement of the United States for the costs associ- Snowe Amendment No. 4017, to express the sense ated with Operations Southern Watch and Provide of the Senate that the aggregates and functional lev- Comfort out of revenues generated by any sale of pe- els included in the budget resolution assume that troleum originating from Iraq. Pages S5439±40 savings in student loans can be achieved without any Simpson/Moynihan Amendment No. 4003, to ex- program change that would increase costs to stu- press the sense of the Senate that all Federal spend- dents and parents or decrease accessibility to student ing and revenues which are indexed for inflation loans. Page S5398 should be calibrated by the most accurate inflation Chafee/Breaux Amendment No. 4018, in the na- indices which are available to the Federal govern- ture of a substitute. Pages S5399±S5410 ment. Page S5398 Domenici (for Dole/Hatch/Helms) Amendment Graham Amendment No. 4007, to create a 60 No. 4019, to express the sense of the Senate that the vote point of order against legislation diverting sav- Attorney General should investigate the practice re- ings achieved through Medicare waste, fraud and garding the prosecution of drug smugglers. abuse enforcement activities for purposes other than Page S5398 improving the solvency of the Medicare Federal Hos- Feingold Amendment No. 3969, to eliminate the pital Insurance Trust Fund. Page S5428 tax cut. Page S5398 Ashcroft Modified Amendment No. 4008, to pro- Domenici (for McCain) Amendment No. 4022, to vide for an income tax deduction for the old age, express the sense of the Senate regarding Spectrum survivors, and disability insurance taxes paid by em- auctions and their effect on the integrity of the ployees and self-employed individuals. Page S5398 budget process. Page S5424 May 21, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D507 Domenici (for Faircloth) Amendment No. 4023, to express the sense of the Senate that any com- Committee Meetings prehensive legislation sent to the President that bal- (Committees not listed did not meet) ances the budget by a certain date and that includes welfare reform provisions shall also contain to the NOMINATIONS maximum extent possible a strategy for reducing the Committee on Agriculture, Nutrition, and Forestry: Com- rate of out-of-wedlock births and encouraging family mittee concluded hearings on the nominations of formation. Pages S5424±25 Brooksley Elizabeth Born, of the District of Colum- Domenici (for Faircloth) Amendment No. 4024, bia, to be Chairman, and David D. Spears, of Kan- to express the sense of the Senate regarding reduc- sas, to be a Commissioner, both of the Commodity tion of the national debt. Page S5425 Futures Trading Commission, after the nominees tes- Exon (for Roth) Amendment No. 4025, to express tified and answered questions in their own behalf. the sense of the Senate regarding the funding of Mr. Spears was introduced by Senator Dole and Rep- Amtrak. Pages S5431±33 resentative Roberts. Domenici Amendment No. 4027 (to Amendment APPROPRIATIONS—FOREIGN ASSISTANCE No. 4012), to adjust the fiscal year 1997 non-de- fense discretionary allocation to the Appropriations Committee on Appropriations: Subcommittee on Foreign Committee by $5 billion in budget authority and $4 Operations held hearings on proposed budget esti- billion in outlays to sustain 1996 post-OCRA policy. mates for fiscal year 1997 for foreign assistance pro- grams, focusing on international financial institu- Pages S5440±41 tions, receiving testimony from Robert E. Rubin, During consideration of this measure today, Senate Secretary of the Treasury. also took the following action: Subcommittee will meet again on Thursday, May A point of order was not sustained that the pend- 23. ing concurrent resolution, as drafted, did not con- stitute a ‘‘budget resolution’’ and was therefore not ROLE OF ABA IN JUDICIAL SELECTION in order. Pages S5415±28, S5430±31, S5435 Committee on the Judiciary: Committee concluded Senate will continue consideration of the resolu- hearings to examine the role of the American Bar tion on Wednesday, May 22, 1996, with votes on Association in the selection of Federal judges, after the pending amendments to occur thereon. receiving testimony from Richard Thornburgh, Nominations Confirmed: Senate confirmed the fol- former Attorney General of the United States; Judge Diarmuid F. O’Scannlain, United States Court of lowing nominations: Appeals for the Ninth Circuit, Portland, Oregon; 23 Army nominations in the rank of general. Judge John M. Walker, Jr., United States Court of Pages S5457±58, S5460 Appeals for the Second Circuit, New York, New Communications: Page S5443 York; Daniel E. Troy, Wiley, Rein & Fielding, Executive Reports of Committees: Page S5443 Washington, D.C.; Nancy L. Iredale, Paul, Hastings, Janofsky & Walker, Los Angeles, California; Daniel Statements on Introduced Bills: Pages S5443±49 J. Meador, University of Virginia, Charlottesville, on Additional Cosponsors: Page S5449 behalf of the Miller Center Commission; and Roberta Cooper Ramo, Albuquerque, New Mexico, N. Lee Amendments Submitted: Pages S5449±52 Cooper, Birmingham, Alabama, and William E. Notices of Hearings: Page S5452 Willis, Sullivan & Cromwell, New York, New York, Authority for Committees: Page S5452 all on behalf of the American Bar Association. Additional Statements: Pages S5452±56 VOLUNTARY ENVIRONMENTAL AUDITS Adjournment: Senate convened at 9 a.m., and ad- Committee on the Judiciary: Subcommittee on Admin- journed at 6:21 p.m., until 9:15 a.m., on Wednes- istrative Oversight and the Courts concluded hear- day, May 22, 1996. (For Senate’s program, see the ings on S. 582, to provide that certain voluntary dis- remarks of the Acting Majority Leader in today’s closures of violations of Federal laws made pursuant Record on page S5460.) to an environmental audit shall not be subject to discovery or admitted into evidence during a Federal D508 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1996 judicial or administrative proceeding, after receiving Corporation for National and Community Service, testimony from Senators Hatfield and Brown; Steven after receiving testimony from former Senator A. Herman, Assistant Administrator, Office of En- Wofford, Chief Executive Officer, and Luise S. Jor- forcement and Compliance Assurance, Environmental dan, Inspector General, both of the Corporation for Protection Agency; Veronica Coleman, United States National and Community Service; Lynn Thornton, Attorney for the Western District of Tennessee, Georgia Commission for National and Community Memphis; Colorado State Senator Don Ament, on Service, Atlanta; Michelle Engler, Michigan Commu- behalf of the American Legislative Exchange Coun- nity Service Commission, Lansing; Larry W. Albert, cil, and Patricia Bangert, Colorado Department of Arthur Andersen and Company, Washington, D.C.; Law, both of Denver; Tom Gehl, Kohler Company, Stephen M. Johnson, AmeriCares, New Canaan, Con- Kohler, Wisconsin; John Riley, Texas Natural Re- necticut; Doug Bandow, Cato Institute, Springfield, source Conservation Commission, Austin; Victor S. Virginia; and Rev. Timothy R. Scully, University of Johnson, Judicial District of Tennessee, Nashville, Notre Dame, South Bend, Indiana, on behalf of the on behalf of the National District Attorney’s Asso- Alliance for Catholic Education. ciation; Jerry O. Richartz, Oregon Steel Mills, Inc., Portland; and Mark Woodall, Sierra Club, Wood- IRANIAN ARMS SHIPMENTS TO BOSNIA land, Georgia. Select Committee on Intelligence: Committee held hear- ings to examine United States policy with regard to CORPORATION FOR NATIONAL AND Iranian and other arms transfers to Bosnia, receiving COMMUNITY SERVICE testimony from Richard Holbrooke, former Assistant Committee on Labor and Human Resources: Committee Secretary of State. concluded oversight hearings on activities of the Hearings will continue on Thursday, May 23. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designates Representative Cox to Bills Introduced: 7 public bills, H.R. 3495–3501; act as Speaker pro tempore for today. Page H5301 and 1 private bill, H.R. 3502, were introduced. Recess: The House recessed at 1:25 p.m. and recon- Page H5379 vened at 2:00 p.m. Page H5307 Reports Filed: Reports were filed as follows: Private Calendar: On the call of the Private Cal- H.R. 3134, to designate the United States court- endar, the House sent to the Senate without amend- house under construction at 1030 Southwest 3rd Av- ment: H.R. 1009, and H.R. 2765. Page H5308 enue, Portland, Oregon, as the ‘‘Mark O. Hatfield United States Courthouse’’ (H. Rept. 104–587); Suspensions: House voted to suspend the rules and H.R. 3029, to designate the United States court- pass the following measures: house in Washington, District of Columbia, as the Veterans Benefits Decisions: H.R. 1483, to ‘‘E. Barrett Prettyman United States Courthouse’’ amend title 38, United States Code, to allow revi- (H. Rept. 104–588); sion of veterans benefits decisions based on clear and H. Con. Res. 153, authorizing the use of the Cap- unmistakable error; Pages H5311±13 itol grounds for the Greater Washington Soap Box Veterans Benefits Programs: H.R. 3373, to Derby (H. Rept. 104–589); and amend title 38, United States Code and to improve H. Res. 440, providing for consideration of H.R. certain veterans’ benefits programs; Pages H5313±15 3448 to provide tax relief for small businesses, to protect jobs, to create opportunities, and to increase Presidential Democratic Election in Taiwan: H. the take home pay of workers, and for consideration Con. Res. 154, amended, to congratulate the Repub- of H.R. 1227 to amend the Portal-to-Portal Act of lic of China on Taiwan on the occasion of its first 1947 relating to the payment of wages to employees Presidential democratic election. Agreed to amend who use employer owned vehicles (H. Rept. the title; Pages H5316±18 104–590). Pages H5378±79 Democratic Elections in Sierra Leone: H. Con. Res. 160, congratulating the people of the Republic May 21, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D509 of Sierra Leone on the success of their recent demo- Adjournment: Met at 12:30 p.m. and adjourned at cratic multiparty elections; Pages H5318±21 10:05 p.m. Anniversary of Poland’s First Constitution: H. Con. Res. 165, saluting and congratulating Polish Committee Meetings people around the world as, on May 3, 1996, they MILITARY CONSTRUCTION commemorate the 205th anniversary of the adoption APPROPRIATIONS of Poland’s first constitution; and Pages H5321±23 Committee on Appropriations: Subcommittee on Mili- Chornobyl Nuclear Disaster Anniversary: H. tary Construction approved for full Committee ac- Con. Res. 167, recognizing the tenth anniversary of tion the Military Construction appropriations for fis- the Chornobyl nuclear disaster, and supporting the cal year 1997. closing of the Chornobyl nuclear power plant (agreed to by a yea-and-nay vote of 404 yeas, Roll No. 183). DEFENSE APPROPRIATIONS Pages H5323±26, H5356±57 Committee on Appropriations: Subcommittee on Na- Motor Fuels Excise Tax Rates: By a yea-and-nay tional Security met in executive session to begin vote of 301 yeas to 108 nays, Roll No. 182, the markup of the defense appropriations for fiscal year House passed H.R. 3415, to amend the Internal 1997. Revenue Code of 1986 to repeal the 4.3-cent in- Will continue tomorrow. crease in the transportation motor fuels excise tax AID WHISTLEBLOWER rates enacted by the Omnibus Budget Reconciliation Committee on International Relations: Held a hearing on Act of 1993 and dedicated to the general fund of the AID Whistleblower. Testimony was heard from Paul Treasury. Pages H5337±52, H5355±56 Neifert, Foreign Service Officer, AID, U.S. Inter- Rejected the Rangel motion that sought to recom- national Development Cooperation Agency. mit the bill to the Committee on Ways and Means with instructions to report it back forthwith contain- SOUTH—CHURCH FIRES ing an amendment that strikes all after the enacting Committee on the Judiciary: Held an oversight hearing clause and inserts a new text (rejected by a yea-and- on Church fires in the South. Testimony was heard nay vote of 183 yeas to 225 nays, Roll No. 181). from Representative Payne of New Jersey; the fol- Pages H5352±55 lowing officials of the Department of Justice: Deval Agreed to the amendment made in order by the L. Patrick, Assistant Attorney General, Civil Rights rule. Page H5337 Division; and Tron W. Brekke, Chief, Civil Rights H. Res. 436, the rule under which the bill was Program, FBI; the following officials of the Depart- considered was agreed to by a voice vote. Earlier, ment of the Treasury: John W. Magaw, Director, agreed to order the previous question by a yea-and- Bureau of Alcohol, Tobacco and Firearms; and James nay vote of 221 yeas to 181 nays, Roll No. 180. E. Johnson, Assistant Secretary, Enforcement; and Pages H5326±37 public witnesses. Intelligence Authorization: House agreed to H. OVERSIGHT—ECOREGION-BASED Res. 437, providing for the consideration of H.R. ASSESSMENTS 3259, to authorize appropriations for fiscal year 1997 Committee on Resources: Subcommittee on National for intelligence and intelligence-related activities of Parks, Forests and Lands held an oversight hearing the United States Government, the Community on several ecoregion-based assessments currently Management Account, and the Central Intelligence being conducted by the U.S. Forest Service. Testi- Agency Retirement and Disability System. mony was heard from Representative Herger; David Pages H5357±60 Unger, Associate Chief, Forest Service, USDA; and Amendments Ordered Printed: Amendments or- public witnesses. dered printed pursuant to the rule appear on pages OVERSIGHT H5380–81. Committee on Resources: Subcommittee on Water and Senate Messages: Messages received from the Senate Power Resources held an oversight hearing on Bon- today appear on page H5301. neville Power Administration operations and status Quorum Calls—Votes: Four yea-and-nay votes de- of the Comprehensive Review of the Northwest En- veloped during the proceedings of the House today ergy System. Testimony was heard from Jack Rob- and appear on pages H5336–37, H5355, ertson, Deputy Chief Executive Officer, Bonneville H5355–56, and H5356–57. Power Administration, Department of Energy; and There were no quorum calls. public witnesses. D510 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1996

SMALL BUSINESS JOB PROTECTION ACT; The rule provides that each amendment made in PORTAL-TO-PORTAL ACT AMENDMENTS order is considered as read, is not subject to amend- Committee on Rules: granted, by voice vote, a modified ment or point of order, except those arising under closed rule providing for consideration in the House sec. 425(a) of the Congressional Budget Act of 1974. of H.R. 3448, Small Business Job Protection Act of The rule provides that in the engrossment of H.R. 1996, without the intervention of a point of order 3448, the Clerk shall await the disposition of H.R. except those arising under sec. 425(a) of the Con- 1227 and shall add the text of H.R. 1227 as passed gressional Budget Act of 1974 (prohibiting un- by the House. Finally, the rule provides that upon funded mandates). The rule provides that the amend- the addition of the text of H.R. 1227 to the en- ment in the nature of a substitute recommended by grossment of H.R. 3448, H.R. 1227 shall be laid on the Committee on Ways and Means shall be consid- the table. Testimony was heard from Chairman ered as read and all points of order are waived Goodling and the following Representatives: Fawell, against said substitute except those arising under sec. Hutchinson, Lightfoot, Dickey, Campbell, Quinn, 425(a) of the Congressional Budget Act of 1974. Shays, English of Pennsylvania, Shaw, Clay, Rangel The rule provides that the bill and committee and Neal of Massachusetts. amendment shall be debatable for one hour, divided between the chairman and ranking minority member of the Committee on Ways and Means. The previous Joint Meetings question is considered as ordered on the bill and the WORKFORCE DEVELOPMENT ACT committee amendment to final passage without in- tervening motion except one motion to recommit, Conferees met to resolve the differences between the with or without instructions. The rule further pro- Senate-and House-passed versions of H.R. 1617, to vides that the provisions of clause 5(c) of rule XXI consolidate Federal employment training, vocational (requiring a three-fifths vote on bills, amendments, education, and adult education programs and create and conference reports containing income tax rate in- integrated statewide workforce development systems, creases) shall not apply to the bill, amendments but did not complete action thereon, and will meet thereto, or conference reports thereon. again on Thursday, May 23. After the disposition of H.R. 3448, it shall be in f order to consider in the House, H.R. 1227, to amend the Portal-to-Portal Act of 1947 relating to NEW PUBLIC LAWS the payment of wages to employees who use em- (For last listing of Public Laws, see DAILY DIGEST p. D465) ployer-owned vehicles, without intervening point of S. 641, to reauthorize the Ryan White CARE Act order except those arising under sec. 425(a) of the of 1990. Signed May 20, 1996. (P.L. 104–146) Congressional Budget Act of 1974 (prohibiting un- f funded mandates). The rule provides that the amend- ment in the nature of a substitute recommended by COMMITTEE MEETINGS FOR the Committee on Economic and Educational Op- WEDNESDAY, MAY 22, 1996 portunities, as modified by the amendment printed (Committee meetings are open unless otherwise indicated) in section 3 of the rule adding a short title, is con- sidered as adopted. Senate The previous question is ordered without inter- Committee on Banking, Housing, and Urban Affairs, to vening motion except: (1) ninety minutes of debate hold hearings on S. 1511, to impose sanctions on Burma, divided between the chairman and ranking minority 8:30 a.m., SD–538. member of the Committee on Economic and Edu- Committee on Governmental Affairs, Permanent Sub- cational Opportunities; (2) an amendment printed in committee on Investigations, to hold hearings to examine part 1 of the report of the Committee on Rules if security in cyberspace, 8:30 a.m., SD–342. offered by Representative Riggs of California or his Committee on Small Business, business meeting, to mark designee, debatable for ninety minutes; (3) an up proposed legislation to strengthen, expand, and im- amendment printed in part 2 of the report of the prove the Small Business Investment Company program, and to consider the nomination of Ginger Ehn Lew, of Committee on Rules if offered by Representative California, to be Deputy Administrator of the Small Busi- Goodling of Pennsylvania or his designee, debatable ness Administration, time to be announced, SR–428A. for one hour and subject to a division of the ques- tion between subsection 3(d) (small business exemp- House tion) and the remainder of the amendment; and (4) Committee on Agriculture, Subcommittee on Livestock, one motion to recommit, with or without instruc- Dairy and Produce, hearing on seafood inspection pro- tions. grams, 9 a.m., 1300 Longworth. May 21, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D511

Committee on Appropriations, Subcommittee on Foreign Subcommittee on International Operations and Human Operations, Export Financing and Related Programs, to Rights, hearing on Forced Migration in the Newly Inde- markup appropriations for fiscal year 1997, 4 p.m., pendent States of the former Soviet Union, 2 p.m., 2172 H–144 Capitol. Rayburn. Subcommittee on National Security, executive, to con- Committee on National Security, Special Oversight Panel tinue markup of the Defense appropriations for fiscal year on the Merchant Marine, hearing on H.R. 2754, Ship- 1997, 9:30 a.m., H–140 Capitol. building Trade Agreement Act, 10 a.m., 2118 Rayburn. Committee on Commerce, Subcommittee on Commerce, Committee on Veterans’ Affairs, Subcommittee on com- Trade, and Hazardous Materials, hearing and markup of pensation, Pension, Insurance and Memorial Affairs, to H.R. 3431, Armored Car Industry Reciprocity Improve- markup the following bills: H.R. 3458, Veterans’ Com- ment Act of 1996, 10 a.m., 2123 Rayburn. pensation Cost-of-Living Adjustment Act of 1996; H.R. Committee on Government Reform and Oversight, Sub- 2513, to amend title 38, United States Code, to expand committee on the District of Columbia, hearing on Con- eligibility for burial benefits to include certain veterans ditions within the District of Columbia Department of who die in State nursing homes; H.R. 3493, to amend Corrections, 2:30 p.m., 311 Cannon. title 38, United States Code, to authorize the provision Subcommittee on Government Management, Informa- of funds in order to provide financial assistance by grant or contract to legal assistance entities for representation tion and Technology, hearing on the following: Electronic of financially needy veterans in connection with proceed- Reporting Streamlining Act of 1996; and H.R. 3189, to ings before the United States Court of Veterans Appeals; delay the privatization of the Office of Federal Investiga- and H.R. 3495, to extend the time for the submission tions of the Office of Personnel Management in order to of the final report of the Veterans’ Claims Adjudication allow sufficient time for a thorough review to be con- Commission, 10:30 a.m., 334 Cannon. ducted as to the feasibility and desirability of any such Committee on Ways and Means, Subcommittee on privatization, 2 p.m., 2154 Rayburn. Human Resources, hearing on welfare reform, 10:30 a.m., Committee on International Relations, Subcommittee on 1100 Longworth. Africa, hearing on Current Human Rights Situation in Subcommittee on Trade, hearing on H.R. 3107, Iran Africa, 2 p.m., 2255 Rayburn. Oil Sanctions Act of 1996, 2 p.m., 1100 Longworth. D512 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, May 22 10 a.m., Wednesday, May 22

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. 3259, ation of S. Con. Res. 57, setting forth the congressional Intelligence Authorization Act for Fiscal Year 1997 budget. (modified open rule, 1 hour of general debate); Consideration of H.R. 3448, the Small Business Job Protection Act (modified closed rule, 1 hour of general debate); and Consideration of H.R. 1227, Employee Commuting Flexibility Act (modified closed rule, 90 minutes of gen- eral debate).

Extensions of Remarks, as inserted in this issue

HOUSE Fazio, Vic, Calif., E850, E851 Matsui, Robert T., Calif., E853 Gordon, Bart, Tenn., E849, E851, E852, E854 Schumer, Charles E., N.Y., E849 Baesler, Scotty, Ky., E853 Johnson, Eddie Bernice, Tex., E850, E851 Solomon, Gerald B.H., N.Y., E849, E851 Brown, George E., Jr., Calif., E852 Johnson, Tim, S. Dak., E852 Stokes, Louis, Ohio, E850, E852 Castle, Michael N., Del., E849 Mascara, Frank, Pa., E853

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