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Home , Bill Lipinski, Jerry Costello, Phil Crane, Rodosto (horse), Zareh I

2022 CONGRESSIONAL RECORD-HOUSE February 9, 1989 HOUSE OF REPRESENTATIVES-Thursday, February 9, 1989 The House met at 11 a.m. MESSAGE FROM THE SENATE leader, with the concurrence of the His Holiness, the Supreme Patriarch A message from the Senate by Mr. Speaker of the House of Representa­ and Catholicos of all Armenians, Hallen, one of its clerks, announced tives, appointed: Dr. Michael Durfee Vasken I from Etchmiadzin, joined by that the Senate had passed concurrent of , Ms. Una Clarke of New His Holiness, Karekin II, Catholicos of resolutions of the following titles, in York, Stacey Winkler of California, the Great House of Cilicia, offered the which the concurrence of the House is Michael Petit of Maine, Dr. Amy B. following prayer: requested: Wheaton of Connecticut, from private In the name of the Father, and of S. Con. Res. 12. Concurrent resolution to life; as at-large members of the Presi­ the Son, and of the Holy Spirit. Amen. allow another member of the Committee on dential Commission on Child and Almighty God, we lift our hearts to Rules and Administration of the Senate to Youth Deaths. serve on the Joint Committee of Congress On December 2, 1988, pursuant to You, in prayer, for the gift of vision on the Library in place of the Chairman of Public Law 99-660, as amended by and courage to the leaders of our na­ the Committee; and Public Law 100-436, the majority tions who serve mankind. S. Con. Res. 14. Concurrent resolution leader and the Speaker of the House Bless our leaders with wisdom, to providing for a conditional recess of the of Representatives, appointed the make wise decisions, and to lead us all Senate from February 9, 1989 until Febru­ ary 21, 1989, and a conditional adjournment Honorable Lawton Chiles, as an at­ to the power of love, more than to the of the House from February 9, 1989, until large member of the National Commis­ temptations of power. February 21, 1989. sion on Infant Mortality. May we always share with each The message also announced that other our best and brightest, as did pursuant to Public Law 96-388, as our American brothers and sisters, in HIS HOLINESS, THE SUPREME amended by Public Law 97-84, the PATRIARCH AND CATHOLICOS reaching out so graciously and gener­ Chair on behalf of the President pro ously to the victims of the earthquake OF ALL ARMENIANS, VASKEN I tempore, appoints Mr. METZENBAUM, to FROM ETCHMIADZIN in Armenia. the U.S. Holocaust Memorial Council. We, Catholicos of all Armenians, The message also announced that

0 This symbol represents the time of day during the House proceedings, e.g., 0 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. February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2023 short years later he was consecrated as the cal language. Accordingly, Vasken Vardapet America in 1962. In addition to many other one hundred thirtieth occupant of the wrote a book, "The Divine Liturgy" wherein publications, "Etchmiadzin" the official Throne of St. Gregory The Illuminator. he stated: "The majority of our people who monthly publication of the Holy See is pro­ And today we are assembled to convey to attend church do not read the Holy Scrip­ duced here as was a new translation

TABLE 11.3.-GROWTH IN INSOLVENT AND WEAK COMMERCIAL BANKS INSURED BY FDIC [Dollar amounts in billions]

Ratio of Number of Combined combined Number of Asssets in Number of Assets in insolvent assets in assets to Year insolvent insolvent weak weak banks and weak insolvent total banks 1 banks banks 2 and weak industry banks banks assets (percent)

1980...... 1 $0.017 14 $1.669 15 $1.686 0.09 1981 ...... 2 0.037 21 4.054 23 4.091 .20 1982 ...... """ "...... 5 0.179 43 4.235 48 4.414 .20 1983 ...... 14 3.249 74 5.445 88 8.694 .37 1984 ...... 8 0.25 68 7.098 76 7.348 .29 1985 ...... 25 1.379 110 8.432 135 9.811 .36 1986 ...... 58 2.588 203 19.235 261 21.823 .74 1987 ...... 66 8.772 250 114.728 316 123.500 4.12 1988 3 ...... 48 2.781 210 110.994 258 113.775 3.72

1 Insolvent-bank with negative GAAP capital. 2 Weak-banks with GAAP capital equal to or greater than zero but less than 3 percent of year-end assets. 3 As of June 30, 1988 (preliminary) . February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2033 As of March 31, 1987, 20 megabanks con­ SEC. 2. EXPANSION OF FDIC ASSESSMENT BASE. any savings that might result from merging trolled 84.3 percent of all foreign deposits in Section 7(b)(5HB> of the Federal Deposit the FDIC with the insolvent Federal Sav­ FDIC insured banks. The $280 billion in unas­ Insurance Act <12 U.S.C. 1817(b)(5)(B)) is ings and Loan Insurance Corp. fund, a pro­ amended by striking out "any deposits re­ posal Mr. Seidman opposes. sessed foreign deposits in these giant institu­ ceived in any office of the bank for deposit Mr. Seidman said the plan that will result tions came close to equalling the $363 billion in acy other office of the bank located in from the study will be presented to the new in domestic deposits held by these banks. At the United States, the District of Columbia, administration, which he believes will assign some banks, as the chart I previously included Puerto Rico, Guam, American Samoa, the a high priority to the deposit insurance in the RECORD indicates, foreign deposits ac­ Trust Territory of the Pacific Islands, or crisis. tually exceed domestic deposits. the Virgin Islands, except" and inserting in The legislation I introduce today is, in my lieu thereof "any deposits, and any obliga­ [From the American Banker, Feb. 19, 1988] tions which would constitute deposits as de­ view, a companion piece to the proposal by fined in section 3<1> but for subparagraphs THE MAJOR BANKS HAVE PAID Too LITTLE FOR FULL FDIC COVERAGE President Bush to increase FDIC assessments and (B) of section 3(1)(5), received in which banks must pay in order to offset reve­ any office of the bank nues expended to resolve the FSLIC crisis. branch of a foreign bank >. except". the Federal Deposit Insurance Corp. assess premiums on the foreign deposits held by FDIC fund, which last year lost money for the [From the American Banker, May 11, 19881 first time in its history. U.S. banks. As a member of the House SEIDMAN BACKS ASSESSING INSURANCE If President Bush's comprehensive proposal Banking Committee, Mr. Kleczka should get PREMIUMS ON FOREIGN DEPOSITS a hearing. At stake is about $300 million in is adopted without modification, however, the assessments against a handful of mega­ 13,000 plus banks which have no foreign de­ ToRONTo.-A measure to assess insurance banks. posits will pay sharply higher depo:;;it insur­ premiums on foreign deposits got a boost on The proposed legislation revives an issue ance premiums. Large banks with substantial Tuesday from L. William Seidman, chair­ that has been lurking in the background for foreign deposits will face a higher assessment man of the Federal Deposit Insurance Corp. years and addresses an effort I have carried on only on their domestic deposits. Under the "It's an enhancement we would welcome," out with notable lack of success since the Bush plan, small- and medium-sized banks, Mr. Seidman said during an address to the failure of Continental Illinois National who will see assessments rise on virtually all annual meeting here of the National Coun­ Bank and Trust Company of in cil of Savings Institutions. The remarks 1984. Sen. William Proxmire, D-Wis., joined their deposits, will pay full fare to help resolve the effort at that time and had legislation the deposit insurance crisis. Big banks will were as close as he has come to endorsing a measure introduced this year by Rep. drafted similar to Mr. Kleczka's bill. continue to ride the deposit insurance system Gerald Kleczka, D-Wis., to assess premiums The largest banks in the United States via super-saver. on those deposits. simply do not pay their fair share for the Mr. Speaker, in addition the equity aspects Mr. Seidman said, as he has in the past, protection of FDIC insurance. Eight pay on of this legislation, the increase in revenue will that he sees no need to raise the premium less than half of their deposits. The other certainly serve to strengthen the FDIC fund. charged to banks for insurance of domestic 14,000 banks across the nation pay on 100% At this point, I would like to insert in the deposits, despite the likelihood of a record of theirs. To rub in the discrepancy, the biggies who RECORD a chart from the recently published number of failures in 1988 and a marginal decline in the FDIC's $18 billion insurance pay on only a fraction of their deposits are Congressional Budget Office study: "Reducing fund. all in the "TBTF" category: too big to fail. the Deficit: Spending and Revenue Options." So far this year, bank closings have There is no way our government will allow By assessing foreign deposits, CBO notes a matched last year's pace. There have been any of the largest banks to go under. Not cumulative 5-year budget savings through 62 bank failures, and another 13 banks have only are they exempt from much of the as­ 1994 of $1.590 billion: been kept open with federal funds. At the sessment costs, they are de facto guaranteed end of 1987, the FDIC had closed 184 banks that all of the deposits are protected. and assisted 19. The FDIC chairman said In 1984, I was cautioned by fellow FDIC NONDEFENSE DISCRETIONARY SPENDING NDD-14-IN­ that a major overhaul of the deposit insur­ board members not to rock the boat on the CLUDE FOREIGN DEPOSITS OF U.S. BANKS IN THE FDIC ance system must be instituted by the next assessment issue. "Why do this?" I was INSURANCE BASE President and Congress within the first asked. "Nothing is going to happen, and you three months of 1989 if the system is to sur­ are making the big banks mad at us." [In millions of dollars] vive into the 1990s. In 1986, I outlined the unfair assessment Annual savings Cu mu- The FDIC began a major deposit insur­ system in my book, "Bailout," and since lative ance study two months ago, and Mr. Seid­ then I have pursued the subject in speeches Savings from CBO baseline 5-year 1990 1991 1992 1993 1994 man plans to release its findings after the to community bankers in Minnesota, Cali­ savings November elections. Right now, however, all fornia, Florida, Georgia, Iowa, and Illinois. he has are a lot of questions. In every instance, the response was strong Budget authority ...... N.A. N.A. N.A. N.A. N.A. N.A. "If Outlays ...... 300 310 320 330 330 1,590 there's one thing we've learned, it's support for change. that strong supervision has to be part of a This support was evidenced in 1986 during financial system with government-guaran­ the closing days of the 99th Congress when To strengthen the FDIC to meet anticipated teed insurance," he said. The FDIC is con­ the Senate voted 63 to 32 to assess all depos­ needs, additional revenue is needed. Increas­ sidering ways to improve its oversight, in­ its, foreign and domestic alike. The reform ing the basic premium is one method. Broad­ cluding better coordination with state bank was misplaced in the budget bill and it dis­ ening the base to include foreign deposits is a regulations, according to the chairman. appeared in conference. The agency is also reexamining the way it FDIC assessments can be used only by the complimentary approach. I urge support for deals with troubled institutions. Mr. Seid­ FDIC and have nothing whatever to do with the Federal Deposit Insurance Assessment man said there is substantial support in the general government. However, the adminis­ Equity Act. industry for a program similar to the Re­ tration counts FDIC profit or loss in its con­ At this point, I include in the RECORD relat­ construction Finance Corp. of the 1930s, solidated budget account. Thus more FDIC ed material and the text of the bill: which pumped loans into the failing institu­ profits do reduce the reported budget defi­ H.R.- tions to keep them afloat during periods of cit. But the fact is, these dollars have abso­ economic difficulty. lutely no impact on government spending or A bill to amend the Federal Deposit Insur­ "The problem with this is that 1,500 trou­ the federal budget. ance Act to provide deposit insurance in a bled banks could claim that they would be FDIC Chairman L. William Seidman has manner which does not discriminate better off with this kind of help," he said. noted the phoniness of the budget issue. He against small- and medium-sized banks by "It goes a long way to increasing govern­ said that assessing foreign deposits raises expanding the assessment base. ment involvement in banks." several complicated issues and that the ap­ Be it enacted by the Senate and House of Mr. Seidman said the study would also ex­ propriate forum to consider them is the Representatives of the United States of amine the pricing of deposit insurance. So House and Senate banking committees. America in Congress assembled, far, the FDIC has been working with some The hearings should volatile. The commu­ SECTION I. SHORT TITLE. mechanical formulas, based on capital, with nity bankers are vocal about getting the This Act may be cited as the "Federal De­ room for judgment calls by the regulators. short end of the stick. This is a guaranteed posit Insurance Assessment Equity Act". The study also will examine the costs and winning issue for any congressman in 1988. 2034 CONGRESSIONAL RECORD-HOUSE February 9, 1989 How often do you find an issue that is fair, The Citicorp lobbyist, Bob Barnett, a We applaud the recent proposal of the right, long overdue, and also popular with former FDIC chairman and a savvy politi­ FDIC to classify these notes as deposit li­ your constituents? The congressmen need cian, came up with a new twist in talking to abilities, subject to insurance assessments only balance the financial support from and Congressman Kleczka. Changing the assess­ and urge you to support that rulemaking the pressures by a dozen big city institutions ment would hurt foreign trade, he argued. effort. against the votes of their local constituents. Trade is a buzzword in this election year, so Your bill, by including foreign deposits in The choice is easy. I guess Mr. Barnett decided to throw it into the premium assessment base, is another es­ The distinction between foreign and do­ the pot, relevant or not. sential step toward a more equitable insur­ mestic deposits dates back to 1933 when the The words used to describe the deals are ance system. It has our wholehearted sup­ FDIC was created. The law states that as­ different. But the total protection for all de­ port and we will do anything possible to see sessments will be made on "domestic depos­ posits exists whether the bank is given open that it is enacted. its." The reasons for this language are lost bank assistance, bailed out, sold, or handled Sincerely to history, but it certainly was not because in what is called a purchase and assumption J.R.NUNN, of any dependency on foreign deposits in transaction. The uninsured depositors are at President. 1933. risk only in a payoff, whether direct or Before Continental there was no real through a deposit transfer, when the bank reason to question the lack of payment for is closed and the insured depositors received C-CAD IS MAKING A POSITIVE the protection of foreign deposits. After all, their money. DIFFERENCE FOR DISABLED we figured that it was theoretically possible In fact, there has been only one closure for a big bank to fail and that the uninsured payoff of a bank over $200 million in the The SPEAKER pro tempore. Under foreign deposits would be at risk. Four years entire history of the FDIC: Penn Square. In a previous order of the House, the gen­ earlier, we had bailed out First Pennsylva­ addition, there have been five payoffs over tleman from Mississippi [Mr. MONT­ nia, but foreign deposits were not a major $100 million and eight more over $50 mil­ GOMERY] is recognized for 5 minutes. factor. lion. Only in these cases was there any sig­ Continental caused me to reconsider the Mr. MONTGOMERY. Mr. Speaker, I want to nificant loss to depositors. share with my colleagues the news about an assessment rules. The more the system is My original proposal was to assess all de­ examined, the clearer it becomes that it is posits and use the added income to reduce important program that has been a great ben­ patently unfair. the basic rate for all banks. Mr. Kleczka fol­ efit to the disabled. It is called the Center for The Continental bailout protected the lows this approach with a reduction of the Computer Assistance to the Disabled. C-CAD entire $69 billion holding company struc­ rate from one-twelfth to one fourteenth of is based in Arlington, TX, and is giving the dis­ ture: the book and off-book liabilities, the 1%. abled the chance to learn highly marketable insured and uninsured depositors, foreign Today, with the FDIC operating with a computer skills, as well as personal skills that and domestic. At the time of the failure, record low surplus in 1987 of $50 million, it there was just under $3 billion in insured serve to enhance their daily lives. would be more prudent to use the added The program's executive director is Jack domestic deposits, on which only $6.5 mil­ income to build up the FDIC fund. lion in assessments had been paid. Kishpaugh. Jack is a retired lieutenant colonel The message was clear. Big banks with INDEPENDENT BANKERS in the U.S. Army Reserve, with 20 years of foreign deposits pay on only a fraction of ASSOCIATION OF AMERICA, combined active and retired service as an air­ their total deposits, yet all of the deposits February 9, 1989. borne and military intelligence officer. As a are protected. The Continental costs ap­ Hon. GERALD D. KLECZKA, result of a swimming accident in 1971, Jack pears to have leveled off at about $1.75 bil­ Attention: Brian Doherty, became a quadriplegic and has been active lion, and in the process all banks have lost U.S. House of Representatives, 226 Cannon the assessment rebate, they had been receiv­ and interested in programs to improve the House Office Building, Washington, lives of the disabled. ing for more than 50 years. D.C. The accompanying chart shows that eight DEAR REPRESENTATIVE KLECZKA: The Inde­ C-CAD is 5 years old now and continues to institutions are paying on 50% or less of pendent Bankers Association of America grow. In January, Jack was informed that he their deposits, while nearly all other banks (!BAA) would like to express its strong sup­ has been nominated as a candidate for the in America pay on 100%. The table reports port for your legislation to include foreign Computerworld Awards for Innovative Use of on the 10 institutions that had the most for­ deposits in the premium assessment base. Information Technology. The program is asso­ eign deposits in 1987. A few other regionals As the Administration has just put for­ had some. ciated with the Smithsonian lnstitutioin and it ward a proposal to raise FDIC premiums honors applications of information technology • • from the current 0.083 cents per $100 to 0.15 that have achieved outstanding progress for Citicorp, the unchallenged leader in cents per $100, it is critical that the assess­ American banking, with over $200 billion in ment base be equitable. Assessing foreign society. holding company assets, paid $34 million to deposits would more accurately reflect the The C-CAD story of success is a tribute to the FDIC in 1987, the assessment based on extent of FDIC coverage. Jack Kishpaugh and the many volunteers as­ just 38% of its deposits. At the same time, Under current regulatory policy, a "two­ sociated with C-CAD who have worked hard BankAmerica, less than half as large as Citi­ tiered" banking system exists whereby the on something in which they believed very corp, paid $42 million, the assessment based nation's largest banks are deemed "too big strongly. And they did it all without $1 of Fed­ on 69% of its deposits. to fail" while smaller community banks are eral funding. Does anyone believe that either Citicorp "too small to save." As you know, all banks I wanted to share this great story with my or BankAmerica would be allowed to fail? pay a premium for FDIC insurance based on The answer, of course, is no. So we have a all their domestic deposits, including those colleagues, Mr. Speaker, and to wish much situation in which two of America's mega­ over $100,000. However, the insurance cover­ success in the years to come for Jack and for banks, both receiving the same kind of pro­ age for most banks extends only to domestic C-CAD. tection, pay vastly different rates. deposits up to $100,000. In contrast, all de­ Since Mr. Kleczka's proposed change in posits-foreign and domestic-are covered at law will affect only a handful of institu­ too-big-to-fail banks. These banks by their ADVISORY COUNCIL ON tions, the lobbying is narrowly focused. The very nature present a greater systemic risk HISTORIC PRESERVATION basic argument against the legislation is to the FDIC. Foreign deposits are effective­ that the imposition of a one-twelfth of 1% ly a liability of the FDIC and should bear The SPEAKER pro tempore. Under charge on foreign deposits will make the an assessment. a previous order of the House, the gen­ megabanks non-competitive in foreign mar­ We also recommend that the deposit base tlewoman from Louisiana [Mrs. kets. be expanded to include non-deposit liabil­ BOGGS] is recognized for 5 minutes. This kind of reasoning would be analogous ities and secured borrowings. For example, Mrs. BOGGS. Mr. Speaker, I am very to Lee Iacocca arguing that Chrysler should so-called "deposit notes" should be subject pleased to introduce today, with our col­ not have to pay taxes so it could better com­ to insurance assessments. Since 1985, a con­ league, Representative DICK CHENEY of Wyo­ pete with Toyota. siderable market has developed in notes, ming, a bill providing for continued authoriza­ The lobbyists are chasing their tails with bonds, acknowledgements of advance and this argument. Either the margin is so low similar liabilities which are undertaken by tion of appropriations for the Advisory Council that it is immaterial, or it is so high, that it larger banks as a means of obtaining funds. on Historic Preservation. The bill amends sec­ is intolerable for these banks to maintain We are concerned that these sophisticated tion 212 of the National Historic Preservation such an advantage over their American deposit instruments have been used to cir­ Act of 1966 to continue the appropriations au­ rivals. cumvent the FDIC premium assessment. thorization from fiscal year 1990 through fiscal February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2035 year 1994 at a level of $2.5 million. This bill is GUARINI, Mr. COYNE, Mr. LEVIN of Michigan, It's important to remember that Medicare necessary because the council's current au­ and Mr. MOODY of the Subcommittee on costs are increasing by more than 15 percent thorization expires at the end of fiscal year Health, to introduce H.R. 939, the Ethics in a year during a period of multibillion dollar 1989. Its continued operation is key to the Patient Referrals Act of 1989. The bill square­ deficits. Every year, Congress has to wrestle Federal Government's efforts to faciliate the ly addresses one of the most pressing prob­ with sharp budget cuts just to keep Medicare preservation of places important to our nation­ lems confronting the Medicare Program affordable for the taxpayers. We simply al heritage. today-conflicts of interest arising from self­ cannot take the risk that these deals won't in­ The Advisory Council on Historic Preserva­ referrals-the referral of a patient to a provid­ crease health care costs. tion [ACHP] was established by the National er with whom the physician has a financial re­ Finally, honest competition is undercut. To Historic Preservation Act of 1966-16 U.S.C. lationship. maintain market share, suppliers are being 4 70-to advise the President and Congress Over 1O years ago, Congress enacted a forced to compete-not on price or quality­ on preservation matters and to comment on sweeping law that makes the payment of kick­ but on the cut they give physicians. We have Federal, federally assisted, and federally li­ backs for patient referrals under Medicare a received hundreds of letters of support from censed undertakings having an effect upon felony. The law is clear: the payment of "any independent providers who feel their survival historic properties. remuneration, directly or indirectly, overtly or is threatened by this trend. The primary role of the ACHP is to assist covertly" in return for patient referrals is ille­ These problems stem from the fact that a Federal agencies in exercising national leader­ gal. The law reflects a firm resolve that pa­ physician's objectivity in making referrals is ship in historic preservation and to ensure that tients should not be bought or sold. threatened by these financial tie-ins. The point Federal actions are consistent with historic Unfortunately, clever deal makers have is not intended as a criticism of physicians. found a loophole. Referral schemes are being preservation values to the maximum extent Few physicians will consciously refer a patient disguised as legitimate business arrange­ possible. Since preservation policies must be to a poor quality provider simply due to owner­ ments, most commonly as partnerships involv­ balanced against other national policies and ship. But, anyone's judgement can be subtly ing referring physicians, but also as consulting goals, Federal agencies require advice and influenced by financial interests. Few compa­ or similar arrangements. The intent generally assistance both in the development of general nies would, for example, permit their execu­ is quite clear: to lock-in referrals by creating a programs and policies and in the design and tives to have side dealings with competitors or review of particular projects. The ACHP pro­ web of financial relationships binding the re­ ferring physicians to the provider. suppliers. vides such advice and assistance to the Presi­ One of the most serious shortcoming of cur­ dent, the Congress and the Federal agencies Some of the deals are outrageous. In one rent law is the enormous difficulty involved in and assists and encourages State and local case, physician investors can make more than proving to the satisfaction of a judge that a governments and private parties in preserva­ $100,000 over a 5-year period based on noth­ particular arrangement is deliberately struc­ tion activities. ing more than a $10,000 promissory note paid tured to induce referrals. A successful pros­ The accommodation of preservation values as an investment in a magnetic resonance im­ ecution requires a lengthy investigation of the within public policies necessitates the ac­ aging partnership. Other deals are more tem­ business records to prove unequivocally that knowledgement of many competing forces. It perate. But all of the deals attempt to gener­ dividend payments to physicians were intend­ is fortunate that, with all of these divergent ate profits by locking-in referrals. The services ed as the disguised payment of a referral fee. views, there exists an independent body at most commonly involved include radiology, The enforcement resources simply aren't the Federal level to assist in balancing historic labs tests, durable medical equipment, and preservation against other interests. The home health care. there. There is no way that the Inspector Gen­ ACHP helps Federal agencies in meeting their Lawyers advising the promoters carefully eral-with fewer than 225 investigators nation­ statutory historic preservation obligations by recommend against any requirement that re­ wide-can police the complex arrangements institutionalizing preservation expertise and ferrals be made. They also advise that divi­ that underpin the $100 billion a year Medicare planning systems, eliminating duplicative ef­ dends reflect the amount of investment and Program. Few cases have been prosecuted, forts, improving the consistency of preserva­ not vary based on the number of referrals and it is likely that only the most abusive tion policies and avoiding unnecessary ex­ made. But everyone knows that the more re­ cases will be prosecuted in the future. penditures of public funds. ferrals made, the higher the profits. What is needed is what lawyers call a bright Appropriated funds for the ACHP in fiscal The Ethics in Patient Referrals Act will close line rule to give providers and physicians un­ year 1989 were $1,778,000 and the budget these loopholes once and for all. . equivocal guidance as to the types of arrange­ request for fiscal year 1990 is $1,795,000. Ac­ Self-referrals raises three major policy con­ ments that are prohibited. If the law is clear cording to the ACHP, the amount requested cerns. First, there is a risk that physician-part­ and the penalties are substantial, we can rely will support the continued provision of current ners may not ref er patients to the facility that on self-enforcement. Few physicians will services in fiscal year 1990. provides the best care. We have heard of in­ knowingly break the law. I am very proud of the exemplary manner in stances where cancer patients have been told The Ethics in Patient Referrals Act provides which the city of New Orleans has been able to drive every day for a 6-week period to a ra­ this bright-line rule. Providers of Medicare to bring its historic heritage into the present diation therapy facility 20 miles away for treat­ services would be prohibited from accepting and future by preserving while growing and ment rather than being referred to another referrals from physicians with ownership inter­ developing. I am well aware of how difficult qualified facility closer to the patient's home. est or other compensation arrangement. Ex­ this can be to accomplish and I, therefore, Second, patients may be referred for costly ceptions are provided for transactions that can particularly appreciate the important job services which are unnecessary. Studies con­ pose little risk of abuse. the Advisory Council on Historic Preservation ducted by Blue Cross Blue Shield of Michigan Providers and physicians would have one performs for all of us and for those who come and HCFA's region V in the early 1980's doc­ year after enactment to bring existing owner­ after us. ument higher utilization rates for physician­ ship or compensation arrangements into com­ Mr. CHENEY and I hope this House will be partners. pliance. A physician can easily avoid prosecu­ able to take early and favorable action on this Dramatic evidence of the risk was provided tion simply by selling his or her ownership in­ measure to reauthorize the Advisory Council by a confidential memo obtained by my office. terest or by referring patients to another pro­ on Historic Preservation. The memo, from a radiology center in Califor­ vider. nia to its physician partners, reviewed referral Half-way measures will not work. Within 6 statistics, urged the partners to increase their months time, lawyers will be holding seminars INTRODUCTION OF THE ETHICS referrals, and noted that "the realization of the teaching the deal makers how to exploit a IN PATIENT REFERRALS ACT long-term goal of this partnership is the re­ new set of loopholes. The SPEAKER pro tempore. Under sponsibility of each one of us." Frankly, it's Critics have argued that capital from refer­ a previous order of the House, the gen­ hard to believe that partnership managers do ring physicians is needed to finance health tleman from California [Mr. STARK] is not routinely keep these statistics, and such a care facilities. This is a smokescreen. If there recognized for 5 minutes. manager would have to be a saint not to use is a need for the service in the community, Mr. STARK. Mr. Speaker, today, I am this information to encourage more referrals traditional lenders will make the funds avail­ pleased to be joined by Mr. DONNELLY, Mr. from physician investors. able. Moreover, most services do not require 2036 CONGRESSIONAL RECORD-HOUSE February 9, 1989 large investments. The most costly, magnetic rals" made by "referring physicians." These Prepaid Plans.-An exception would resonance imaging, costs about $2 or $3 mil­ terms are defined to account for different apply to services provided by a prepaid lion, and manufacturers are eager to provide categories of service. health plan. The exception would apply to the equipment on a lease-purchase basis. (a) General rule.-For most services, such (i) prepaid plans with a Medicare risk con­ as lab tests, and X-rays, where patients have There are legitimate concerns about rural tract under Section 1876 of the Social Secu­ little ability to make an independent choice rity Act, Physician Services.-These same gen­ concerned about financial pressures on about the ethics of physician self-referrals. eral rules applies to physician services. The HMO physicians to reduce or limit services. These concerns were echoed in the Code of physician requesting the service, is a "refer­ This issue has already been the subject of Ethics of the American College of Physicians ring physician." Furthermore, a physician legislation and is being dealt with under a which states that a "physician should avoid who requests a consultation with another separate process. physician is a "referring physician" with re­ any business arrangement that might, be­ (d) Other Exceptions.-The Secretary of spect to any items or services ordered or Health and Human Services would be au­ cause of personal gain, influence his deci­ performed by the consulting physician. sions in patient care." And, in 1986, the Insti­ thorized to establish other exceptions by A physician who "requests" a service the regulation for ownership or compensation tute of Medicine denounced the practice of physician intends to provide himself is not arrangements that the Secretary deter­ self-referral in the strongest possible terms considered to be a "referring physician". mines do not pose risk of program or patient and urged corrective legislation. This clarification is limited to physicians' abuse. Trust is crucial to the physician-patient rela­ services consisting exclusively of the direct provision of professional services by the re­ 4. EXCEPTIONS RELATING TO OWNERSHIP AND tionship. Ethical standards must guard against INVESTMENT INTERESTS both the fact and appearance of impropriety. questing physician and does not apply to any associated "technical component" pro­ (a) Ownership of Publicly-Traded Securi­ The medical profession should join with us to vided by others. ties.-An exception would apply to owner­ draw the line and to demand that all who A further clarification is provided for radi­ ship of investment securities in large public­ serve the public be held to the highest ethical ologists, radiation therapy specialists, and ly-held corporations. standards. pathologists. These physicians are not con­ To qualify for the exception, Physicians' services provided in a The Secretary would be required to pub­ service to a provider if the physician (or im­ group practice.-An exception would apply lish regulations setting forth the terms of mediate family member> has an Hospitals.-An exception would apply pursuant to a prohibited referral. practitioner.-A similar exception would to services provided by a hospital in which a 2. REFERRING PHYSICIAN apply to services provided by a physician as­ physician has an ownership interest if: (i) As noted above, the restrictions on finan­ sistant, nurse midwife, psychologist, or the physician has admitting privileges at cial relationships between physicians and nurse anesthetist employed by the referring the hospital, (ii) the ownership interest is in providers only apply in the case of "refer- physician or group practice. the hospital as a whole, and (iii) the owner- February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2037 ship interest was established prior to March services. This would "lock-in" referrals, but hospitals. Physicians could be employed by 1, 1989. would not violate the ownership restriction. hospitals or could provide administrative Rental of office space.-An exception is be commercially reasonable even if no refer­ ception is provided for physician ownership provided for rental of office space. of ambulatory surgery centers the For example, a group of physicians who arrangement meets such other requirements prohibition on self-referrals would not own a medical office building could rent apply to any item or service provided by the as the Secretary may impose by regulation office space in the building to a lab and to protect against program or patient abuse. ASC in conjunction with a surgical proce­ refer patients to the lab without violating dure performed by the referring physician (C) Other administrative services.-A nar­ the prohibition on self-referrals. By provid­ rower exception would permit non-hospital at the center. ing this e.xception, the bill accommodates le­ (e) In-office ancillary services.-An excep­ providers to employ refer­ gitimate concerns about patient conven­ ring physicians for specific identifiable ad­ tion would be available in-office ancillary ience. Similarly, a hospital could rent space services. The exception would apply to ministrative services in three situations de­ in a medical office building to physicians scribed below. Employment of a referring "medical and other health services" . must be met: m there must be a written The exception would most commonly lease agreement signed by the parties speci­ arrangement must also comply with require­ apply to in-office lab tests or X-rays. The fying the space to be covered by the lease; ments of paragraph cannot be reimbursed direct­ cian performing or supervising the service, In this situation, the space to be rented ly to the physician. Instead, such services and (iii) must meet any other condition the must be located in the same building as the are covered as hospice services and are reim­ Secretary may impose by regulation to pro­ building in which the physician has a prac­ bursed indirectly through payments made tect against program or patient abuse. tice. to the hospice. The same exception would apply to serv­ The test of "commercial reasonableness" Third and finally, non-hospital providers ices provided by the physician group prac­ which appears in this exception and else­ could employ referring physicians to pro­ tice of which the referring physician is a where is intended as an overall test of the vide administrative services in certain limit­ member. legitimacy of the underlying arrangement. ed situations. The exception applies only 5. EXCEPTIONS FOR OTHER COMPENSATION If there is a feature or aspect of the ar­ with respect to general administrative serv­ ARRANGEMENTS rangement which would be unlikely to be ices. Payment for direct patient care serv­ As noted in part 1 of the summary, the present in a routine commercial arrange­ ices, including consulting on individual bill covers a broad range of financial rela­ ment where there is no potential for addi­ cases, would not be permitted. Such direct tionships between referring physicians and tional profit to one of the parties through patient care services should be reimbursed providers in addition to covering ownership induced referrals, the agreement may not directly by the Medicare program, if cov­ arrangements. This scope is needed to pre­ meet the test of "commercial reasonable­ ered. To prevent abuse, the exception is fur­ vent efforts to circumvent the bill. ness." The term "commercial reasonable­ ther limited to exceptional circumstances. For example, lease agreements can be ness" also encompasses a requirement that Any attempt to secure referral base by em­ used to "lock-in" referrals. Promoters of there be a legitimate and substantial under­ ploying a significant number of referring magnetic resonance imaging partner­ lying business purpose for the arrangement physicians would trigger a violation of the ships could market lease-back arrange­ other than the mere inducement of refer­ bill. A providers should have only a small ments, in which referring physicians invest rals. number of referring physicians employed to in equipment or facilities. The equipment Employment and service arrangements provide administrative services for each of and facilities would be leased back to a le­ with hospitals.-A broad exception would the provider's major service areas, and such gally distinct medical practice which uses apply to employment and service arrange­ employment should be for legitimate busi­ the equipment and facilities to provide MRI ments involving referring physicians and ness purposes. 2038 CONGRESSIONAL RECORD-HOUSE February 9, 1989 (d) Physician recruitment.-An exemption (b) Remuneration.-The term "remunera­ and Monetary Policy, to address the would be available for compensation Fair market value.-The term "fair uals, businesses and governments, served by the hospital in order to become a market value" means the value in arms both here and abroad. member of the medical staff of the hospital length transactions, consistent with general I would like to begin by congratulat­ so long as there is no requirement that the market value without taking into account ing the distinguished gentleman from physician refer patients to the hospital and any additional value that might accrue as a Texas [Mr. GONZALEZ] on his succes­ the arrangement complies with require­ result of the potential for referrals. sion as chairman of the Banking Com­ ments (iiHiv) of paragraph (b). (d) Group practice.-A "group practice" is Isolated transactions.-A final excep­ defined as a group of two or more physi­ mittee. Under his leadership, the com­ tion would be made for isolated transac­ cians legally organized as a partnership, mittee is off to a very fast and forward tions, such as a one-time sale of real or per­ professional corporation, or other similar start, with hearings already having sonal property. For example, a hospital association (i) in which each physician pro­ been held on three major issues within could sell a referring physician a piece of vides substantially the full range of services our jurisdiction, mainly Third World equipment. The exception would not apply, which the physician routinely provides, in­ debt, the FSLIC crisis, and the eco­ however, if the transactions were part of a cluding medical care, consultation, diagno­ pattern intended to secure patient referrals. sis, or treatment through the joint use of nomic health of the financial services To qualify for an exception, the transac­ shared office space, facilities, equipment industry. tion must comply with requirements and personnel; (ii) for which substantially You will recall, Mr. Speaker, that on of paragraph (b). all of the services of the physicians who are January 23, in my inaugural comments 6. SANCTIONS members of the group are provided through to an audience of nearly 1,000 of my the group and are billed in the name of the Denial of payment.-Medicare pay­ constituents, I shared the goals I hope ment would be denied for any item or serv­ group and the amounts so received are to accomplish during my tenth term as ice provided pursuant to a prohibited refer­ treated as receipts of the group; (iii) in which the overhead expenses of, and income their elected representative. Utilizing ral. from, the practice are distributed in accord­ the seniority I have gained in terms of (b) Refund requirements.-A person who committee assignments, and the close receives any payment from a Medicare bene­ ance with methods previously determined ficiary which collegial relationships it has been my ductible payments or any payment for an meets such other requirements as the Secre­ privilege to build up over 18 years of unassigned claim) for a service provided tary may impose. service in this august body, I plan a pursuant to a prohibited referral would be 8. EFFECTIVE DATE very ambitious legislative agenda. required to make a prompt refund to the The provision would be effective for refer­ First, as a member of the Select beneficiary. rals made on or after June 30, 1989, except Committee on Narcotics Abuse and (c) Civil money penalty and exclusion for that the effective date would be July 1, 1990 Control, I plan to introduce two initia­ improper referrals.-Any physician who in the case of financial relationships that makes a referral that the physician knows were entered into and became legally bind­ tives designed to enhance drug en­ or should know is prohibited under this bill ing before February 9, 1989. forcement techniques. On the domes­ would be subject to civil money penalties 9. DEADLINE FOR CERTAIN REGULATIONS tic front, we need to strengthen law and exclusion from the Medicare program if The Secretary would be required to pub­ enforcement procedures so that there a claim or bill is submitted pursuant to such lish final regulations within 9 months after can be prompt eviction of any individ­ a referral. The provider submitting the bill enactment defining the following terms: uals found to be involved in drug traf­ or claim would be subject to the same penal­ "ownership or investment interest" involv­ ties if the provider knew or should have ficking from both public and private known that the bill or claim was for a serv­ ing indirect ownership or investment inter­ multifamily housing developments. On ests: (ii) "compensation arrangement" in­ ice provided pursuant to a prohibited refer­ the international front, we need to ral. The civil money penalty would be up to volving remuneration made indirectly be­ tailor our foreign and military aid pro­ $15,000 for each item or service provided tween the parties to the arrangement; and grams more specifically to those devel­ (iii) "sole provider in a rural area". pursuant to a prohibited referral plus an oping countries which, because of amount equal to twice the amount billed for their depressed local economies and the item or service. LEGISLATIVE AGENDA FOR trade imbalances, are particularly vul­ (d) Civil money penalty and exclusion for DISTRICT OF COLUMBIA circumvention schemes.-Circumvention nerable to the illicit cash flow generat­ schemes would be prohibited subject to civil The SPEAKER pro tempore. Under ed by the drug cartels. money penalties of up to $100,000 and ex­ a previous order of the House, the gen­ Second, as a member of the District clusion from the Medicare program. tleman from the District of Columbia of Columbia Committee, I plan to One scheme commonly discussed involves [Mr. FAUNTROY] is recognized for 60 launch several legislative initiatives cross referrals. Under this scheme, for ex­ aimed at strengthening our local gov­ ample, physicians in City A who own a facil­ minutes. ity in that city would enter into an unde·r­ Mr. FAUNTROY. Mr. Speaker, I rise ernment's ability to more efficiently standing with physicians in City B who own this morning under this special order and effectively execute its role in pass­ a comparable facility in that city. They to outline the legislative agenda that I ing legislation, making budget deci­ would exchange ownership of their facili­ plan to pursue in the lOlst Congress sions, and managing our judicial ties. Each group would then agree to refer as the elected representative from the system through the establishment of patients to the facility owned by the other District of Columbia. My principal an intermediate appellate court and group. This and similar schemes would be prohibited. focus will be on the issues for which I the local appointment of judges and More generally, the prohibition on cir­ have long fought such as a compre­ other key law enforcement officers. cumvention schemes applies to any physi­ hensive crime and antidrug effort, Third, as a member of the Commit­ cian or entity that enters into any arrange­ greater self-determination for District tee on Banking, Finance and Urban ment or scheme Compensation arrangement.-A "com­ pensation arrangement" is any arrangement Committee on Banking, Finance and serves, while the economic and devel­ involving any remuneration between a phy­ Urban Affairs, where I serve as chair­ opment prospects of the debtor coun­ sician and a man of the Subcommittee on Interna­ tries have failed to show similar provider. tional Development, Finance, Trade progress. February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2039 Included in the Omnibus Trade bill The needed funds must come in sub­ down on the basis of geographic loca­ passed by the lOOth Congress was leg­ stantial part from sources other than tion, income level, race, age, and other islation which my subcommittee wrote the Federal coffers, and yet we are up relevant criteria. In addition, I will and which mandates the Treasury De­ against a situation where savings insti­ seek the GAO's recommendations for partment to pursue two specific pro­ tutions are already paying over twice increasing affordable delivery of finan­ posals for addressing the increasingly as much as commercial banks for de­ cial services. dangerous problem of the Third World posit insurance. Healthy S&L's are Let me thank the Members for their debt. The Treasury Department is re­ stretched too thin in terms of their attention, and say that I look forward quired to report back to the Banking share of this burden, and it would be to sharing the results of this study Committee on these proposals not equally unfair for FDIC insured insti­ with them as we proceed to work our later than March 1, 1989, and upon re­ tutions to be asked to absorb the cost way through the many difficult issues ceipt of these reports, it will be my in­ through any type of merger of the two I have touched upon today. tention to draft legislation which can insurance funds. finally move the international finan­ I am carefully studying the adminis­ cial community toward some concrete tration's new recommendations with 0 1200 resolution of this crisis. respect to both the funding issue and regulatory reforms, as well as those of THE TELEPHONE OPERATOR With respect to the housing issue, I SERVICE CONSUMER PROTEC­ am glad to note that after a 7-year industry groups and other parties. I intend to be an active participant in TION ACT OF 1989 hiatus, we were able to pass major leg­ The SPEAKER pro tempore has responded with with an AOS company to service its dormitory and other campus tele­ the AOS service. What exactly is AOS numerous companies that tempt the service like to the consumer? owner of the phones with big profits. phones. All fall students called home collect or no credit cards and yet re­ Sometimes AOS is both better and One national hospital chain is expect­ worse than regular operator service, ed to make almost $250,000 this year ceived no bills. It was too good to be true. And it was. depending primarily on the particular from a company that provides opera­ company involved, the specific type of tor services for the telephones in its By December the bills came. Not only were 5 months of calls lumped to­ call that is made, and the demands of hospitals. In most cases, the hospital the telephone owner on the AOS pro­ patient probably doesn't realize that gether due to a computer error, the AOS charged considerably more than vider that he has contracted with. he will be really paying a small part of regular long-distance rates for the Common complaints about AOS in­ his hospital bill when he pays the calls. Parents were outraged. They clude: monthly telephone bill. were even angrier when they discov­ Systematic overcharging for long­ The most common example of this ered that the schools intended to distance calls at rates that are now 50 new operator service is when the hotel make money off the phone calls. As we to 100 percent higher than AT&T guest tries to make a call from his or have seen, one of the main reasons for rates, and have ranged up to four her room. Not only have many hotels the growth of AOS companies is their times the normal AT&T rate; levied a flat charge for every call made sales pitch of profits for the owners of Refusal to connect the caller to the from the room, whether local or toll­ the public telephones. This hidden tax long-distance service of his or her free 1-800, hotels have also begun or rakeoff on every phone call shocked choice, even when the caller is paying hiring operator services that charge Tennessee parents and university for the call with the credit card of his more than the customary AT&T rates alumni. preferred long-distance company; for the placement of calls. Some The Tennessee story has a happy Slow call processing, and elaborate hotels are better about disclosing the ending. Even the AOS agreed that the routing of calls to remote centers for cost of using its phones than others, bills were too high, complaining stu­ processing; but generally you get one surprise dents and parents were given refunds, Inability of some AOS to handle when you check out of the hotel and and each school terminated the con­ emergency calls properly and quickly; see the bill for the flat charges and an­ tract of the AOS provider when it re­ and other surprise when you get your fused to lower its rates to the custom­ Lack of notice of the identity, rates, monthly bill and compare the rates ary AT&T level. and billing and complaint procedures charged for your calls. Many Ameri­ THE NATIONAL EXPERIENCE of the AOS provider, as well as suspi­ cans have glumly accepted the flat On a national level, we don't know cion of high commissions paid to the charge for each telephone call, but the outcome of the story. Today it is owner of the public premises. they have refused to accept the second hard to travel to an airport, restaurant On the positive side, AOS offers hidden charge on their monthly tele­ chain, shopping mall, convenience some service enhancements, again de­ phone bill. They thought that they store, or other public place that does pending on the AOS provider and the had settled their account with the not secretly use AOS. These managers needs of the telephone owner and hotel when they checked out; instead of these public facilities love the 15 user: they end up paying part of their hotel percent or so commission that they Superior emergency calling service bill a month later. make off the calls. And many travelers to what AT&T and the Bells have usu­ The new firms that are vying to and customers seem either unaware of ally provided in the past; serve public telephones are providing the difference in service, or uncertain Operators who speak foreign lan­ what they call "alternative operator about whom to blame. guages; services" or "AOS." The alternative The Federal Communications Com­ Advanced services such as message they are providing is to the local tele­ mission also seems uncertain what to forwarding, voice mail; and phone company operator or, more do about it. A proceeding is pending Cheaper rates for selected calling often, the AT&T long-distance o·pera­ before the FCC right now, but the areas at certain times. tor. But seldom has a new industry FCC's blind faith in the unregulated Even for members of the AOS indus­ been so poorly named. The person free market is likely to prevent it from try, the negatives too often exceed the who tries to call on telephones con­ taking appropriate action. So far it positives. The industry has formed a trolled by AOS companies often has has only issued a "consumer alert" trade association called the Operator no alternative to the questionable that has hardly alerted anyone. One Services Providers Association which service that is being provided by shady would have thought that the blizzard has established a voluntary code of re­ operators. And the cost. The cost of of complaints the FCC has received sponsibility in order to stem the February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2041 abuses. It seems unlikely that self-reg­ set and cord-board. The days of Ernes­ fill out a tax form, to balance a check­ ulation will be able to meet consumers' tine are not over, as the unsuspecting book, or prepare an invoice. needs, however, since: First, the American public is finding out every Mr. Speaker, it is clear that there is market does not seem to promote day that they try to call on America's no way in which the United States can helpful competition when the owner public telephones. hold its own in an increasingly com­ of the telephone is not its primary petitive world economy, increase pro­ user; and second, unscrupulous opera­ D 1210 ductivity, avoid a manpower shortage, tors will always be able to gain at least ADULT LITERACY and in general, maintain its standard a temporary commercial advantage. of living when so large a portion of our Therefore legislation seems required. Mr. Speaker, I also rise to introduce the National Center for Adult Literacy work force lacks these basic skills. And MY LEGISLATION Act of 1989. This act would create a this problem is becoming more serious I am introducing today legislation federally funded, nonprofit institution with each passing year, as our econo­ that takes a moderate, prodisclosure that would: First, conduct basic and my continues to shift from an indus­ approach to the problems caused by applied research on the problems of trial base to a greater reliance on serv­ the AOS industry. I do not ask the adult literacy and ways to overcome ice industries as a source of jobs. Once, FCC to put anyone out of business. In­ them; second, provide technical assist­ strong backs and willing hands were stead, I require the FCC to adopt rules ance and training to literacy instruc­ enough to earn a living and to keep fairly quickly that would at least do the wheels of the economy going four things: tors and program managers through­ out the Nation; and third, assist pol­ around, but today's service industries First, require written notice to be require increasingly higher levels of posted on or near public telephones so icymakers at all levels of government and in the private sector to monitor basic literacy as a precondition for em­ that the caller could see before he ployment, advancement and economic makes the call that AOS service con­ and evaluate the effectiveness of liter­ acy programs and develop more effec­ growth. trols the telephone. Looking to the future, it is likely Second, require that AOS companies tive service delivery systems. Mr. Speaker, adult literacy is one of that in the year 2000 or thereabouts, answer callers' questions about rates the supply of labor and the types of for the call about to be made, as well the most serious domestic problems that our Nation faces today. It is a jobs available will adjust to be in bal­ as for complaint procedures. ance with each other. The United Third, prohibit AOS companies from vital issue for our economy. And it is a blocking access to the long-distance problem with enormous social conse­ States has the choice between develop­ carrier of the caller's choice, and from quences as well. ing a high-wage, high-productivity blocking the billing of a call to the The raw numbers on adult literacy economy based on a highly skilled credit card issued by a long-distance speak for themselves. Numerous stud­ work force or a low-wage, low-produc­ carrier. ies by public and private groups indi­ tivity economy based on a work force Fourth, require AOS companies to cate that 75 percent of our work force with limited skills. In other words, charge only "just and reasonable" in the year 2000, about 100 million solving the literacy problem will mean rates, which would include no charges people, are already adults today. They the difference between economic ad­ for incomplete calls. are out of school, most are working vance or decline. This legislation would not only and struggling to support themselves But we need not look even that far affect startup companies but tele­ and their families. Of these 100 mil­ into the future. Today problems of lit­ phone giants like AT&T. They are all lion adults, tens of millions are seri­ eracy are closely associated with prob­ in the same business; they should play ously handicapped in their work and lems of poverty. Those of our fellow by the same rules. in their everyday lives by a lack of citizens who lack basic skills are Mr. Speaker, I have requested that basic skills. They cannot read, write, almost always the poor, and they are the House Energy and Commerce compute, solve problems or perform generally the working poor. Committee's Telecommunications and other basic intellectual functions well Mr. Speaker, I am proud to repre­ Finance Subcommittee schedule hear­ enough to gain or hold good jobs, to sent a district in middle Tennessee and ings on this legislation as soon as pos­ participate effectively in public life, or east Tennessee. The people who live in sible. The staff of the subcommittee to meet the challenges of everyday my district are proud, hard-working and its chairman have already been living in an increasingly complex Americans. But poverty is a very seri­ extremely helpful in researching this world. ous problem in our area, and I am con­ matter, as has Dirk Forrister on my For the most part these are not vinced that a great part of that prob­ own staff. I anticipate that the sub­ people who are completely unable to lem is ultimately traceable to the fact committee will be able to act promptly read, write, compute or solve everyday that far too many people are strug­ on the matter. problems. They are not the entirely gling with the problem of limited basic I urge my colleagues to cosponsor unskilled illiterates who have received skills. It is very difficult to attract this legislation. As I said earlier, the so much attention from the press. For­ high-wage industry into areas such as FCC has already received more com­ tunately, relatively few Americans fall ours because we often cannot offer a plaints about alternative operator into that category, 3 to 4 million at large enough work force with high­ service than about any other con­ most. And although other priorities level skills. And it is hard to maintain sumer issue, including dial-a-porn. I should not diminish our efforts to and expand the industry we have. am sure that hundreds, if not thou­ assist them, they constitute only a But a similar story in a different sands, of your constituents have al­ small part of the national literacy form could be told about almost every ready been aggravated by shady opera­ problem. congressional district in the United tors in the AOS business. Let's give The lion's share of that problem is States, including some of the most af­ our constituents a fair chance to have the difficulties faced by tens of mil­ fluent areas, which are currently suf­ a right to make an informed choice lions of adults who simply have not fering from labor shortages-not a every time they make a call from a mastered basic skills very well. They shortage of workers, but a shortage of public telephone. can read, but often not well enough to trainable workers with adequate basic Mr. Speaker, millions of Americans use a reference book or understand skills. have enjoyed the humor in Lily Tom­ much of what is in a daily newspaper. Mr. Speaker, there are a great many lin's portrayal of the old-fashioned They can write, but often not well things that must be done to forestall telephone operator named Ernestine, enough to compose a business letter or the literacy crisis that is looming over who wielded devastating power over fill out an application form. They can this Nation's future. A comprehensive callers with her whims with her head- compute, but often not well enough to agenda for national action has recent- 2042 CONGRESSIONAL RECORD-HOUSE February 9, 1989 ly been outlined by an independent, know that well-designed, well-managed is all well within the reach of scholars nonpartisan research institution, the programs operating at the state of the today. Southport Institute, in its excellent art can serve more students in a short­ Yet the United States invests at report on the problem, "Jump Start," er space of time and such programs most a few million dollars per year in authored by Mr. Forrest P. Chisman. can greatly increase the skill gains of research on literacy. There are at most Other study groups, such as the students. In short, by using the best a dozen first-rate scholars, many of Hudson Institute in its "Workforce available practices, we can increase the them working only part time, scat­ 2000" report, the Sunbelt Institute, productivity of our existing national tered across the country. There is no and an ad hoc coalition of literacy investment in literacy services many excuse for our failure to mobilize a groups called the "Working Group for times over-we can get more bang for more substantial research effort. A na­ Adult Literacy," have advanced over­ the buck. tional center of excellence with an on­ lapping agendas. But, tragically, there is no one insti­ going, structured program of research But precisely because there is so tution to which teachers, program ad­ responsive to the needs of the field is much to be done we must begin some­ ministrators and others can turn to desperately needed, and it is clearly where. And in a time of limited re­ learn what the best current practices the most direct and straightforward sources, we must look to the highest are-no reliable source of information response to a problem that urgently priority initiatives that must be taken and advice. The reason for this, I be­ needs a direct and straightforward so­ in this, as in all other matters vital to lieve, is that literacy has been so seri­ lution. the public interest. President Bush ously neglected as a national priority But disseminating current best prac­ has not only promised to be the "edu­ for so long that we have not bothered tices and investing in research to up­ cation President," he has promised to to develop institutions that will pro­ grade those practices still leaves one work to wipe out illiteracy in 8 years. vide advice and assistance to the other high priority problem unsolved. people who are working in this field. And First Lady Barbara Bush has long It is a very serious problem for Mem­ been a national leader in promoting This is not, after all, a very difficult bers of Congress, for members of the literacy. function to perform. It involves only surveying and validating best practices executive branch and for policymakers It is for these reasons that I propose at the State and local level, as well as the creation of a National Center for in a systematic way and disseminating the information to literacy providers leaders of industry and labor who are Adult Literacy, and I urge rapid con­ concerned about the literacy problem. sideration of this measure. who are eager to have it. But creating an institution that would perform this Mr. Speaker, literacy services are de­ Leaders of the literacy field and in­ livered by at least a dozen Federal pro­ dependent experts alike agree that function would revolutionize the field and bring new hope to teachers and grams, by scores of State and local this is one of the highest priorities to programs and by hundreds of private combat the problems of literacy in this learners alike. Simply disseminating existing best sector and volunteer efforts. We make country. To quote the "Jump Start" a substantial national investment in report: practices is not enough, however. There are some surprisingly large literacy and we should make an even A national center of excellence and exper­ holes in our knowledge about adult lit­ more substantial investment. But we tise is desperately needed. Without the serv­ presently have no good way of know­ ices it could provide, any other efforts to up­ eracy instruction-some basic tools of grade basic skills are bound to fall far short the trade that are missing. And there ing which of these programs are effec­ of their potential. In fact we will not even is a remarkably broad consensus about tive and which are not, how they over­ have any good way of knowing how effective what these are. Among them are more lap and intersect, what their strengths they are. adequate ways of measuring the level and deficiencies are and how to make It is easy to see why a national of basic skills of learners. Today many them better. Clearly there is a need center has such great importance. We programs still rely on grade level read­ for greater coordination, but what know a great deal about how to up­ ing tests initially designed for chil­ should we be coordinating with? What grade the skills of adults. Model pro­ dren. These tests do not even capture and how should we go about it? In grams and practices are spread across the reading abilities of adults, let short, we do not really know what we the United States. And we are learning alone the other basic skills problems are getting for our national invest­ more each day. For example, in recent they may have. And although more so­ ment in literacy and how we can ac­ years, it has become apparent that phisticated tests have been developed, complish more with the resources we computer-assisted instruction, if prop­ they too do not give the guidance that have or with greater resources. erly used, can greatly increase the mo­ both teachers and learners need about As policymakers responsible to the tivation of learners and learning gains. exactly what each learner needs to ac­ public, we have a responsibility to But, tragically, we have no good easy complish or when he or she has ac­ track developments in the field better way to translate what we know into complished it. To exaggerate slightly, and to see to it that the information is practice. running literacy programs today is like available that will help us to improve There are today hundreds of thou­ navigating without a compass-teach­ our efforts. Again, this is not very dif­ sands of paid professionals and volun­ ers must set their course by the drift ficult to achieve. Systematic data teers providing literacy training serv­ of the wind and occasional sightings of gathering from public programs and ices in the United States. These are landfalls. the private sector, analysis of out­ hard working, highly dedicated people. We also do not know enough about comes and comparisons of programs, But for the most part, the profession­ how to use the powerful new tools of the maintenance of nationwide data als are schoolteachers working part computer assisted instruction most ef­ bases and other similar functions are time, in the evenings or on weekends, fectively, how to teach higher order all that we require. But there is cur­ and the volunteers are people who can skills such as communication and rently no institution that can perform devote at best a few hours a week to problem solving and a great many these functions for us and for other their talks. In neither case are the in­ other fundamental issues in this field. policymakers. structors specially trained in the tech­ Investment in research on those Mr. Speaker, the National Center niques of teaching basic skills to issues, if translated to practitioners in for Adult Literacy Act would address adults. the field will undoubtedly increase the these very top priority issues in the lit­ In addition, most programs are fairly effectiveness and cost efficiency of the eracy field in a direct, immediate, and small and not very closely linked to Nation's investment in literacy serv­ forceful way. It would create a new in­ each other. Adult literacy instructors ices many times over. And none of the stitution, a Center for Adult Literacy, want to use the best available tech­ research that needs to be conducted that would have as its three missions niques to help their students. They poses great intellectual difficulties. It disseminating information about best February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2043 practices to the literacy providers, con­ acy Act. I believe that it is one of the THE MEDICARE ADULT DAY ducting applied research to upgrade single most important steps that we CARE AMENDMENTS OF 1989 the state of the art, and providing pol­ can take to meet the problems of lim­ The SPEAKER pro tempore. Under icymakers with assessment informa­ ited basic skills that are holding our a previous order of the House, the gen­ tion to guide the improvement of Nation back. It is a simple and rela­ tleman from California [Mr. PANETTA] public and private programs. It would tively inexpensive measure, and I very is recognized for 5 minutes. be a national center of excellence to much hope that this Congress in this which everyone within the literacy Mr. PANEITA. Mr. Speaker, I rise today to session can act quickly to make it a re­ reintroduce legislation, the Medicare Adult field could turn for expert, impartial ality. advice. In many ways, it would per­ Day Care amendments, first introduced · in form the same type of role, within the 1986. The bill is intended to help more of our Nation's senior citizens and chronically ill stay literacy field, that the National Insti­ 0 1230 tutes of Health or the National Insti­ in their own communities rather than being un­ tute of Standards and Technology per­ ABOLISH THE ELECTORAL necessarily incarcerated in nursing homes and form in other fields: concentrating ex­ COLLEGE other institutions away from their own homes pertise on basic national needs and dis­ and communities. This legislation would estab­ The SPEAKER pro tempore <2>- work together to deliver the optimal configura­ As you know, the Catastrophic Coverage by striking out "and" at the end of tion of services to meet the individual's needs. Act mandates that the Secretary of Health subparagraph , Adult day care offers a number of unique and Human Services conduct a study on adult by striking out the period at the end benefits. It is cost-effective as compared to day care services. Specifically, the measure of subparagraph and by inserting in lieu both institutionalization and home health care. first requires that the Secretary conduct a thereof "; and", and The centers provide respite for primary care survey of adult day care services currently by adding at the end the following new subparagraph: givers, reduce the incidence of acute illness being provided throughout the United States. "(H) adult day care for up to 125 days through ongoing monitoring of health symp­ Based on the survey results, it then requires during any calendar year."; toms and preventive health care, and have HHS to report to Congress with recommenda­ <2> by redesignating subsection (b) as sub­ been successful in avoiding or delaying institu- tions for appropriate standards for the cover- section ; and February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2045 (3) by inserting after subsection (a) the "(v) establishes the policies governing the by adding at the end the following following new subsection: provision of such care and services; new subparagraph: "(b) for purposes of subsection (a)(2)(H), "(C) maintains health records on all "(H) in the case of adult day care, which adult day care shall be taken into account chronically-impaired adults provided such are furnished to ot her than a chronically­ only if payment under this part is or would care and services; impaired adult or which are not reasonable be, except for the limitation described in "(D) utilizes volunteers in its provision of and necessary for the management of subsection (a)(2)(H) and except for the fail­ care and services; chronic illness;"; and ure to comply with the request and certifi­ "(E) in the case of an agency or organiza­ (2) in paragraph <9), by inserting "and, in cation requirements of section 1835(a), tion in any State in which State or applica­ the case of adult day care, as is otherwise made with respect to such care.". ble local law provides for the licensing of permitted under paragraph (l)(F)" after (b) DEFINITIONS RELATING TO COVERAGE.­ agencies or organizations of this nature, is "paragraph (l)(C)". Section 1861 <42 U.S.C. 1395x) is amended licensed pursuant to such law; SEC. 4. PAYMENT AND COINSURANCE FOR AD ULT by adding at the end the following new sub­ "(F) has procedures for obtaining appro­ DAY CARE. section: priate aid in medical emergencies; and (a) PAYMENT AMOUNTS.-Section 1833(a) "Adult Day Care; Adult Day Care Program "(G) meets such other requirements as (42 U.S.C. 1395l(a)) is amended- the Secretary may find necessary in the in­ "(mm)(l) The term 'adult day care' means (1) in paragraph (2), by striking "and CG)" the following items and services provided to terest of the health and safety of the indi­ and inserting "(G), and CH)'', a chronically-impaired adult by an adult day viduals who are provided care and services (2) by striking "and" at the end of para­ care program under a written plan medical social services, "(4)(A) An entity is certified as a provider related to the cost of furnishing such serv­ " personal care services under the su­ of services other than as an adult day care ices or which are based on such other tests pervision of a registered professional nurse, program shall be considered, for purposes of of reasonableness as the Secretary may pre­ "(E) planned therapeutic, social, physical, certification as an adult day care program, scribe in regulations, including those au­ and educational activities, to have met any requirements under para­ thorized under section 186Hv>< l)(A), less "(F) transportation services from the graph (2) which are also the same require­ the coinsurance amount established under adult's home to and from the program, and ments for certification as such other type of subsection (m).". " nutritional services, including at provider. The Secretary shall coordinate (b) DEDUCTIBLE DOES NOT APPLY.-Section least one meal daily and nutritional counsel­ surveys for determining certification under 1833(b)(2) <42 U.S.C. 1395l. (a) As A CONDITION OF PAYMENT.-Section (2) in the third sentence, by inserting ", (D), and of paragraph (1), and 1835(a)(2) <42 U.S.C. 1395n(a)(2)) is amend­ with respect to adult day care" after ", GRAMS. the agency or organization must maintain (2) by striking out the period at the end of (a) CONSULTATION WITH STATE AGENCIES.­ professional management responsibility for subparagraph and inserting in lieu Section 1863 (42 U.S.C. 1395z) is amended all such services furnished to a chronically­ thereof"; and", and by striking out "and (jj)(3))" and inserting impaired adult; (3) by inserting after subparagraph in lieu thereof "(jj)(3), and (mm)(2)". "(B) has a multidisciplinary group of per­ the following new subparagraph: (b) USE OF STATE AGENCIES.-Section sonnel which- " (I) in the case of adult day care, (i) such 1864(a) <42 U.S.C. 1395aa(a)) is amended- "(i) includes at least- care is or was required because the individ­ ( 1) in the first sentence, by inserting ", an "(I) one physician >. volving skilled or custodial care, (ii) but for gram", and " as needed, a dietitian, scribed in section 186lO>> is amend­ chronically-impaired adult and the adult's <1) in paragraph ( 1 )- ed by striking out "or hospice program" and family, a coordinated individualized treat­ by striking out "; and" at the end of inserting in lieu thereof "hospice program, ment plan, subparagraph and, or adult day care program". "(iv) provides by striking out the semicolon at the SEC. 7. EFFECTIVE DATE AND REGULATIONS. of) the case and services described in para­ end of subparagraph and inserting in (a) EFFECTIVE DATE.-The amendments graph <1), and lieu thereof ", and", and made by this Act shall apply to adult day

29-059 0-90-22 (Pt. 2) 2046 CONGRESSIONAL RECORD-HOUSE February 9, 1989 care provided on or after the first day of the urged him to climb-and climb out on their Republican leadership, and then order Lee seventh month that begins after the date of behalf, I might add. Atwater to do a national fundraising mailing to the enactment of this Act. I feel that I am in a certain position to offer (b) REGULATIONS.-The Secretary of decry the Democratic pay raise. Health and Human Services, not later than these observations, Mr. Speaker, because my But most importantly, we have learned that 6 months after the date of the enactment of own personal opinion on the pay raise is well the Members of this institution have a true this Act, shall issue such regulations as may known. I happened to favor a vote on the friend and defender in the Speaker of the be necessary- raise, but I made that view known in an honor­ House. He led where he was asked to lead, (!) to define the services included in adult able way. I spoke to the Speaker in private and beyond; he believed that all the Members day care (as defined in section 1861(mm> of and wrote him a personal letter, but I continue were dealing honestly with him, and acted ac­ the Social Security Act), to this day to defend him personally for his cordingly; and he stood his ground on every­ (2) to establish the standards for qualifi­ courage in accepting the political heat for cation of an adult day care program under one's behalf. He put his political life, his politi­ such section, and Members who needed cover on the issue. cal fortune, and his political honor on the line, (3) to establish the per diem rates of pay­ Even the Speaker's allies in the House have and he deserves far, far better than he has re­ ment for adult day care under section been mute, and many of them stood by to ceived. 1833(a)(6) of such Act. watch the daily flogging of his reputation and (C) ADOPTION OF CERTAIN STANDARDS.-ln character without lifting a single finger of help issuing such regulations with respect to the or a single word of protest. A TRIBUTE TO SECRETARY OF standards for qualification of an adult day I am not alone in this belief that the Speak­ STATE GEORGE P. SHULTZ care program, the Secretary shall take into er has not been well served by those he tried account the recommendations reported by to help at their own request. The rightwing The SPEAKER pro tempore. Under the Secretary to the Congress under section a previous order of the House, the gen­ 1208(b) of the medicare catastrophic cover­ newspaper, , one of the age act of 1988. Speaker's severest critics, pointed out in its tleman from Maryland [Mr. HOYER] is February 8, 1988, editorial titled "Scapegoat recognized for 5 minutes. Wright" that the Republican leadership Mr. HOYER. Mr. Speaker, the THE SPEAKER'S UNCOMMON backed him on the pay raise in 1987 and they Vienna Review Meeting of the Confer­ COURAGE backed him this year, too. Even the Speaker's ence on Security and Cooperation in The SPEAKER pro tempore. Under most outspoken antagonist among the mem­ Europe has come to a close, more than a previous order of the House, the gen­ bership of the House backed the pay raise 2 years after it began in November tleman from Texas [Mr. COLEMAN] is and the original plan to adopt it, a fact that 1986. Welcome as that news is to those recognized for 5 minutes. was noted by the editorial as well. of us who have been involved in the Mr. COLEMAN of Texas. Mr. Speaker, the The Times' editorial continued: long painstaking negotiations on hu­ last several weeks here on Capitol Hill and The point is that Jim Wright, unlike manitarian, security, and economic around the Nation have seen some of the many Members of Congress now criticizing issues, it is not the conclusion of the most shameless demagoguery that I have him, had the courage to take the heat. meeting, per se, that is noteworthy, ever encountered in my entire political career. And that is my point exactly. The Speaker but, rather, the terms on which it was That observation includes the decade I spent of the House exhibited not only courage, but concluded. in the Texas Legislature and even more years an uncommon courage in the face of mount­ In the most far-reaching effort since in Texas politics, where political rhetoric and ing odds and rising public ridicule. He has the launching of the CSCE process in naked partisan posturing have been refined to always been known to be a man of his word, Helsinki in 1975, the 35 signatory the highest possible degree of the art form. and his loyalty is unquestioned. The original states, including the East bloc nations, But the recent uproar over former President plan to adopt the pay raise was decided upon have committed themselves to a con­ Reagan's proposal to increase the pay of not only by the Speaker, but by the Republi­ cluding document that contains com­ high-level bureaucrats, Federal judges and can leadership of the House as well, and prehensive and stringent provisions on Members of Congress has had more than the that's a fact conveniently obscured in this human rights. Indeed, 2 years ago usual dose of political hot air that surrounds whole debate. many westerners thought it unimagi­ every issue. The level of sheer dishonesty on Why was this plan adopted? The answer is nable that the Soviet Union and East­ the part of many Members, particularly those simple. The Speaker was following the will of ern Europe would ever accept such on the other side of the aisle, has dwarfed the House. A majority of Members of both strong human rights guarantees. anything I witnessed in the Texas Legislature parties wanted the pay raise without a vote, Although deeds, not words, are the or anywhere else. Time and time again we and told him so. Even after the Speaker's ultimate test of success, these new saw the spectacle by which Members de­ questionnaire had been sent out and the re­ guarantees provide more precise stand­ nounced the pay raisE:l in public yet pleaded sults examined, a clear majority of Members ards by which to measure the human for it in private, expecting all the while that the of both parties had told him-off the record­ rights performance of the signatory Speaker of the House would act as a lightning that they still wanted the pay raise and the states. rod for them, Republican and Democrat alike. original procedure. Many people contributed to the suc­ Well, he did, and he did it for a period of Mr. Speaker, the events of the last few days cessful outcome of the Vienna review time far longer than anyone had the right to have shown us the differences between cour­ meeting both in our country and from expect. The daily attacks mounted, both on age and cowardice, between standing firm for other signatory states. As Chairman of the amount of the raise and the procedures what and whom you believe in, between hon­ the Commission on Security and Coop­ decided upon to consider it, but the Speaker orable men and disgraceful conduct. The eration in Europe, I had the honor to stood his ground-stood ground for the entire Members of this House ought to be grateful accompany one of those individuals to membership of the House-and defended the that they have a leader of such uncommon Vienna as he made his last official trip raise and the procedures that an overwhelm­ courage and such a high degree of personal abroad as our Secretary of State. I ing majority of the House supported. loyalty to them and the institution. speak now in praise of George Shultz. In the end, however, those who wanted to I believe we have learned an important George Shultz was one of those most have their cake and eat it too became too lesson here, beyond the simple ones about responsible for the improvement in cute by half. The same Members who so des­ the substance of the issue. Members have United States-Soviet relations, of perately begged for the raise in private learned that they cannot pour gasoline on a which the recent constructive attitude thought they could get away with flailing it in burning fire and then expect the fire to put of the Soviets toward the Vienna public without ever having to face the conse­ itself out. I think we all have learned who is review meeting is but one important quences. The attacks of these Members on ready and willing to stand and fight and who is manifestation. Secretary Shultz has the issue as well as the House as an institu­ not. And we certainly learned the Republican led the State Department and the tion fed on the already-frenzied press and definition of "bipartisan," which indeed includ­ Nation through a difficult period in public, and they ended up abandoning the ed a dual approach: Urge the pay raise in pri­ American history. When he assumed Speaker on the same limb on which they vate, adopt a strategy with the backing of the the position in July 1982, United February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2047 States-Soviet relations had sunk to United States-Soviet relationship, he impossible in modern society, given their lowest ebb, posing a threat to the is also bequeathing the Nation a con­ the explosion of information and tech­ stability of international system that ceptual framework with which to ap­ nology and the maddening, countless was starkly illustrated by the Soviet proach United States-Soviet affairs; demands on our time, for anyone to walkout from the strategic arms talks that is, the four-point agenda of; arms approach the old ideal of excellence in Geneva in November 1983. control, regional issues, bilateral that expresses itself in a person's in­ Starting in that tense, strained envi­ issues, and human rights, all of which tellectual achievements, physical ronment, George Shultz directed the United States has vigorously pur­ prowess, and civic contributions. In American foreign policy to demon­ sued with the Soviets throughout Mr. George Shultz, though, we have an in­ strate to the Soviet Union and the rest Shultz' tenure at the State Depart­ dividual who combines all of those of the world that while the United ment. traits and has given the Nation the States was firm in its resolve to sup­ United States-Soviet cooperation in benefit of all of them. port democracy wherever and when­ all four of these areas is crucial to the To conclude, I know that I speak for ever it faced a threat, our country was smooth functioning of the internation­ everyone in this Chamber when I offer also prepared to engage in dialog on al system, but in my capacity as Chair­ George Shultz our thanks for his divisive issues with any nation or man of the Commission on Security years of outstanding public service and group that was willing to meet in good and Cooperation in Europe, I would wish him all the best in the future. faith. The approach taken by Secre­ like to underscore the work George As I contemplate the international tary Shultz combined resoluteness, Shultz has done in the field of human challenges facing our Nation in the vision, and realism. rights. years to come, I am optimistic because As in any vital, properly functioning It is easy to lose sight of human I believe that in George Shultz' suc­ democracy, there have been signifi­ beings in mind numbing, laborious ne­ cessor, James Baker, we have an indi­ cant differences along the way be­ gotiations concerning, for example, vidual who possesses both ideals and tween various elements of the Govern­ resolution of emigration cases or the pragmatism and who knows that a bi­ ment, including the administration release of prisoners of conscience, partisan basis for policymaking is the and Congress, and Democrats and Re­ often faceless, nameless people on surest foundation for a strong, thriv­ publicans. Nevertheless, there has usu­ whose behalf one works with incom­ ing America. ally been consensus on the Nation's plete, sometimes contradictory infor­ President Bush said in his inaugural larger goals as well as agreement that mation. And it is tempting to view address, "A new breeze was -blowing, the policymaking process is stronger these thousands of individual humani­ the old bipartisanship must be made and hence more durable when it is tarian cases as abstract matters, de­ new again." I agree with President conducted in a bipartisan spirit. tached from real life, flesh and blood Bush. I believe George Shultz reflect­ George Shultz has worked closely people. ed that attitude and I look forward, with Congress in most instances to But to lose sight of the individuals, Mr. Speaker, as I know you do, to the ensure that we were kept informed of families, and groups at stake in the creation of that bipartisanship for a the administration's thinking on for­ struggle for human rights is to lose successful foreign policy, a stronger eign affairs issues. He sought our ex­ one's moral compass-for it is the pas­ America and a more secure world. pression of views on many of the sionate belief in the right of each policy issues on his desk. Unfortunate­ person to try to fulfill his or her ly the Reagan administration's rela­ dreams and goals that animates the RULES OF THE HOUSE COMMIT­ tions with Congress during the past 8 cause of human rights. George Shultz, TEE ON APPROPRIATIONS FOR years have not always been marked by in his countless hours of talks with THE 101ST CONGRESS the same constructive tone which Sec­ government officials and ordinary of Rule XI the special meeting. any investigation or activity or series of in­ of the Rules of the House of Representa­ (c) Ranking Majority Member to Preside vestigations or activities, only when author­ tives and may each select and designate one in the Absence of Chairman-If the Chair­ ized by a majority of the Members of the additional staff member. man is not present at any meeting of the Committee voting, a majority being present. Each Member not mentioned in sub­ Committee, the Ranking Majority Member The power to authorize and issue subpoenas sections (a), (b), . or (d) of this section on the Committee who is present shall pre­ under subsection l may be delegated to may select and designate a staff member side. the Chairman pursuant to such rules and who shall serve at the pleasure of that (d) Business Meetings- under such limitations as the Committee Member. Such staff member shall be com­ <1) Each meeting for the transaction of may prescribe. Authorized subpoenas shall pensated at a rate, determined by the Member, not to exceed 75 per centum of the business. including the markup of legisla­ be signed by the Chairman or by any tion, of the Committee and its subcommit­ Member designated by the Committee. maximum established in Clause 69(c) of Rule XI of the Rules of the House of Repre­ tees shall be open to the public except when Compliance with any subpoena issued the Committee or its subcommittees, in by the Committee or its subcommittees may sentatives; Provided, That no Member shall appoint more than one person pursuant to open session and with a majority present, be enforced only as authorized or directed determines by roll call vote that all or part by the House. subsections (a), (b), (c), (d), or ; Provided further, That Members designating a staff of the remainder of the meeting on that day SEC. 2. SUBCOMMITTEES member under this subsection must specifi­ shall be closed. (a) The Majority Caucus of the Commit­ cally certify by letter to the Chairman that (2) No person other than Committee tee shall establish the number of subcom­ the employee is needed and will be utilized Members and such congressional staff and mittees and shall determine the jurisdiction for Committee work. departmental representatives as they may of each subcommittee. (f) In addition to any staff members ap­ authorize shall be present at any business or (b) Each subcommittee is authorized to pointed pursuant to any other subsection of markup session which has been closed. meet, hold hearings, receive evidence, and this section, each Member may select and (3) The provisions of this subsection do report to the Committee all matters re­ designate one additional staff member who not apply to open hearings of the Commit­ ferred to it. shall serve at the pleasure of that Member. tee or its subcommittees which are provided (c) All legislation and other matters re­ Such staff member shall be compensated at for in Section 5(b)(l) of these Rules or to ferred to the committee shall be referred to a rate, determined by the Member, not to any meeting of the Committee relating the subcommittee of appropriate jurisdic­ exceed 75 per centum of the maximum es­ solely to internal budget or personnel mat­ tion within two weeks unless, by majority tablished in Clause 6 of Rule XI of the ters. vote of the Majority Members of the full Rules of the House of Representatives; Pro­ Committee Records- Committee, consideration is to be by the vided, That no Member shall appoint more <1) The Committee shall keep a complete full Committee. than one person pursuant to this subsec­ record of all Committee action, including a (d) The Majority Caucus of the Commit­ tion; Provided further, That Members desig­ record of the votes on any question on tee shall determine an appropriate ratio of nating an additional staff member under which a roll call is demanded. The result of Majority to Minority Members for each sub­ this subsection must specifically certify by each roll call vote shall be available for in­ committee. The Chairman is authorized to letter to the Chairman that the employee is spection by the public during regular busi­ negotiate that ratio with the Minority; Pro­ needed and will be utilized for Committee ness hours in the Committee Offices. The vided, however, That party representation work. information made available for public in­ spection shall include a description of the in each subcommittee, including ex-officio SEC. 4. COMMITTEE MEETINGS members, shall be no less favorable to the amendment, motion, or other proposition, (a) Regular Meeting Day-The regular and the name of each Member voting for Majority than the ratio for the full Com­ meeting day of the Committee shall be the mittee. and each Member voting against, and the <4> of the Rules of the House would oth­ (b) The chairman of each subcommittee desire that a special meeting of the Commit­ erwise apply after such record has been in may select and designate a staff member tee be called by the Chairman. those Mem­ existence for 20 years. The Chairman shall who shall serve at the pleasure of the sub­ bers may file in the Committee Offices a notify the Ranking Minority Member of any committee chairman. Such staff member written request to the Chairman for that decision, pursuant to Clause 3(b)(3) or shall be compensated at a rate not to exceed special meeting. Such request shall specify Clause 4(b) of the Rule, to withhold a 75 per centum of the maximum established the measure or matter to be considered. record otherwise available, and the matter in Clause 6(c) of Rule XI of the Rules of the Upon the filing of the request, the Commit­ shall be presented to the Committee for a House of Representatives; Provided, That tee Clerk shall notify the Chairman. determination upon the written request of no Member shall appoint more than one (3) If within three calendar days after the any Member of the Committee. person pursuant to these provisions. filing of the request, the Chairman does not (c) The ranking minority member of each call the requested special meeting to be held SEC. 5: COMMITTEE AND SUBCOMMITTEE subcommittee may select and designate a within seven calendar days after the filing HEARINGS staff member who shall serve at the pleas­ of the request, a majority of the Committee (a) Overall Budget Hearings-Overall ure of the ranking minority member. Such Members may file in the Committee Offices budget hearings by the Committee, includ- February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2049 ing the hearing required by Section 242 mittee chairman, by a majority of them (3) Before reporting the first regular ap­ of the Legislative Reorganization Act of before completion of any hearing, to call propriation bill for each fiscal year, the 1970 and Clause 4(a)(l) of Rule X of the witnesses selected by the Minority to testify Committee shall, to the extent practicable Rules of the House of Representatives shall with respect to the matter under consider­ and in accordance with Section 307 of the be conducted in open session except when ation during at least one day of hearings Congressional Budget Act of 1974, complete the Committee in open session and with a thereon. subcommittee markup and full Committee majority present, determines by roll call (2) The Committee and its subcommittees action of all regular appropriation bills for vote that the testimony to be taken at that shall observe the five-minute rule during that year and submit to the House a report hearing on that day may be related to a the interrogation of witnesses until such comparing the Committee's recommenda­ matter of national security; except that the time as each Member of the Committee or tions with the appropriate levels of budget Committee may by the same procedure subcommittee who so desires has had an op­ outlays and new budget authority as set close one subsequent day of hearing. A tran­ portunity to question the witness. forth in the most recently agreed to concur­ script of all such hearings shall be printed ( e) Broadcasting and Photographing of rent resolution on the budget for that year. and a copy furnished to each Member, Dele­ Committee Meetings and Hearings- (b) Presence of Committee Majority-No gate, and the Resident Commissioner from ( 1) The Chairman is authorized to deter­ measure or recommendation shall be report­ Puerto Rico. mine the extent and nature of broadcasting ed from the Committee unless a majority of (b) Other Hearings- and photographic coverage for the overall the Committee was actually present. ( 1) All other hearings conducted by the budget hearing and full Committee meet­ (c) Roll Call Votes-With respect to each Committee or its subcommittees shall be ings and hearings, subject to the guidelines roll call vote on a motion to report any bill open to the public except when the Com­ for such coverage set forth in Section 116(b) or resolution, the total number of votes cast mittee or subcommittee in open session and of the Legislative Reorganization Act of for, and the total number of votes cast with a majority present determines by roll 1970 and Clause 3(f) of Rule XI of the against, the reporting of such a bill or reso- call vote that all or part of the remainder of Rules of the House of Representatives. 1ution shall be included in the Committee that hearing on that day shall be closed to (2) Unless approved by the Chairman and report. the public because disclosure of testimony, concurred in by a majority of the subcom­ Compliance With Congressional evidence, or other matters to be considered mittee hearings or meetings shall be record­ Budget Act-A Committee report on a bill would endanger the national security or ed by electronic device or broadcast by radio or resolution which has been approved by would violate any law or Rule of the House or television. the Committee shall include the statement of Representatives. Notwithstanding th e re­ (3) Unless approved by the subcommittee required by Section 308(a) of the Congres­ quirements of the preceding sentence, a ma­ chairman and concurred in by a majority of sional Budget Act of 1974, separately set out jority of those present at a hearing conduct­ the subcommittee, no subcommittee hearing and clearly identified, if the bill or resolu­ ed by the Committee or any of its subcom­ or meeting or subcommittee room shall be tion provides new budget authority. mittees, the:re being in attendance the photographed. (e) Inflationary Impact Statement-Each number required under Section 5(c) of these <4> Broadcasting and photographic cover­ Committee report on a bill or resolution re­ Rules to be present for the purpose of age of subcommittee hearings and meetings ported by the Committee shall contain a de­ taking testimony, <1> may vote to close the authorized under the provisions of (2) and tailed analytical statement as to whether hearing for the sole purpose of discussing ( 3) above shall be subject to the guidelines the enactment of such bill or resolution into whether testimony or evidence to be re­ for such coverage set forth in Clause 3(f) of law may have an inflationary impact on ceived would endanger the national security Rule XI of the Rules of the House of Repre­ prices and costs in the operation of the na­ or violate Clause 2(k)(5) of Rule XI of the sentatives. tional economy. Rules of the House of Representatives or <2> (f) Subcommittee Meetings-No subcom­ (f) Changes in Existing Law-Each Com­ may vote to close the hearing, as provided in mittee shall sit while the House is reading mittee report on a general appropriation bill Clause 2(k)(5) of such Rule. No Member of an appropriation measure for amendment shall contain a concise statement describing the House of Representatives may be ex­ under the five-minute rule or while the fully the effect of any provision of the bill cluded from nonparticipatory attendance at Committee is in session. which directly or indirectly changes the ap­ any hearing of the Committee or its sub­ (g) Public Notice of Committee Hearings­ plication of existing law. committees unless the House of Representa­ The Chairman is authorized and directed to (g) Rescissions and Transfers-Each bill tives shall by majority vote authorize the make public announcements of the date, or resolution reported by the Committee Committee or any of its subcommittees, for place, and subject matter of Committee and shall include separate headings for rescis­ purposes of a particular series of hearings subcommittee hearings at least one week sions and transfers of unexpended balances on a particular article of legislation or on a before the commencement of such hearings. with all proposed rescissions and transfers particular subject of investigation, to close If the Committee or any of its subcommit­ listed therein. The report of the Committee its hearings to Members by the same proce­ tees, as the case may be, determines that accompanying such a bill or resolution shall dures designated in this subsection for clos­ there is good cause to begin a hearing include a separate section with respect to ing hearings to the public; Provided, howev­ sooner, the Chairman is authorized and di­ such rescissions or transfers. er, That the Committee or its subcommit­ rected to make the announcement at the (h) Supplemental or Minority Views- earliest possible date. tees may by the same procedure vote to (1) If, at the time the Committee approves close five subsequent days of hearings. SEC. s: PROCEDURES FOR REPORTING BILLS AND any measure or matter, any Committee (2) Subcommittee chairmen shall set RESOLUTIONS Member gives notice of intention to file sup­ meeting dates after consultation with the Prompt Reporting Requirement- plemental, minority, or additional views, the Chairman and other subcommittee chair­ <1) It shall be the duty of the Chairman, Member shall be entitled to not less than men with a view toward avoiding simultane­ except as provided in subsection (3) herein, three calendar days of this section, ( 1) The Minority members of the Commit­ subsection <3) herein or to the reporting of above, does not preclude- tee or its subcommittees shall be entitled, a resolution of inquiry addressed to the (i) the immediate filing or printing of a upon request to the Chairman or subcom- head of an executive department. Committee report unless timely request for 2050 CONGRESSIONAL RECORD-HOUSE February 9, 1989 the opportunity to file supplemental, minor­ Any hearings or investigations which pertaining to such travel, and as promulgat­ ity, or additional views has been made as may be desired, aside from the regular hear­ ed from time to time by the Chairman. ings on appropriation items, when approved provided by such subsection; or SEC. 1 o: ELIGIBILITY OF COMMITTEE MEMBER (ii) the filing by the Committee of a sup­ by the Committee, shall be conducted by plemental report on a measure or matter the subcommittee having jurisdiction over SERVING AS BUDGET COMMITTEE CHAIRMAN which may be required for correction of any the matter. FOR APPROPRIATIONS SUBCOMMITTEE CHAIR­ technical error in a previous report made by MANSHIP SEC. 9: OFFICIAL TRAVEL If the Chairman of the Budget Committee the Committee on that measure or matter. (a) The chairman of a subcommittee shall (4) If, at the time a subcommittee ap­ of the House of Representatives is chairman approve requests for travel by subcommittee of a subcommittee on the Appropriations proves any measure or matter for recom­ members and staff for official business mendation to the full Committee, any Committee when he becomes Budget Com­ within the jurisdiction of that subcommit­ mittee Chairman, or would be eligible to Member of that subcommittee who gives tee. The ranking minority member of a sub­ notice of intention to offer supplemental, become chairman of an Appropriations sub­ committee shall concur in such travel re­ committee under the Rules of the Majority minority, or additional views shall be enti­ quests by minority members of that sub­ tled, insofar as is practicable and in accord­ Caucus of the House of Representatives committee and the Ranking Minority during his tenure as Budget Committee ance with the printing requirements as de­ Member shall concur in such travel requests termined by the subcommittee, to include Chairman, the Appropriations Committee for Minority Members of the Committee. may nominate such Member to serve as such views in the Committee Print with re­ Requests in writing covering the purpose, spect to that measure or matter. chairman of such subcommittee, subject to itinerary, and dates of proposed travel shall the approval of the Majority Caucus. But, if (i) Availability of Reports-A copy of each be submitted for final approval of the bill, resolution, or report shall be made so elected and confirmed, the Member shall Chairman. Specific approval shall be re­ take a leave of absence while Chairman of available to each Member of the Committee quired for each and every trip. at least three calendar days of the member shall receive or expend local cur­ adopted at the committee's organizational Legislative Reorganization Act of 1946 and rencies for subsistence in any country at a meeting on February 8, 1989: in Clause 2(b)(3) of Rule X, of the Rules of rate in excess of the maximum per diem the House of Representatives. rate set forth in applicable Federal law. RULES OF THE COMMITTEE ON POST OFFICE (a) The Chairman is authorized to appoint (e) Travel Reports- AND CIVIL SERVICE such staff and, in his discretion, arrange for ( 1) Members or staff shall make a report to the Chairman on their travel, covering the procurement of temporary services of RULE 1. RULES OF THE HOUSE consultants, as from time to time may be re­ the purpose, results, itinerary, expenses, quired. and other pertinent comments. The Rules of the House are the rules of Studies and examinations will be initi­ (2) With respect to travel outside the the committee and the subcommittees so far ated upon the written request of a subcom­ United States or its territories or posses­ as applicable, except that a motion to recess mittee which shall be reasonably specific sions, the report shall include: (1) an item­ from day to day and a motion to dispense and definite in character, and shall be initi­ ized list showing the dates each country was with the first reading (in full) of a bill or ated only by a majority vote of the subcom­ visited, the amount of per diem furnished, resolution, if printed copies are available, mittee, with the chairman of the subcom­ the cost of transportation furnished, and are nondebatable motions of high privilege. mittee and the ranking minority member any funds expended for any other official RULE 2. CHAIRMAN thereof participating as part of such majori­ purpose; and (2) a summary in these catego­ The chairman of the committee or of a ty vote. When so initiated such request shall ries of the total foreign currencies and/or subcommittee, as appropriate, shall preside be filed with the Clerk of the Committee for appropriated funds expended. All such indi­ at meetings or hearings or, in his absence, submission to the Chairman and the Rank­ vidual reports on foreign travel shall be the next ranking majority member present ing Minority Member and th eir approval filed with the Chairman no later than sixty shall preside. shall be required to make the same effec­ days following completion of the travel for (b) In the temporary absence of the chair­ tive. Notwithstanding any action taken on use in complying with reporting require­ man of the committee or of a subcommittee, such request by the chairman and ranking ments in applicable Federal law, and shall as appropriate, the next ranking majority minority member of the subcommittee, a re­ be open for public inspection. member of the committee or subcommittee, quest may be approved by a majority of the (3) Each Member or employee performing as appropriate, and so on, as often as the Committee. such travel shall be solely responsible for case shall happen, shall act as chairman. (c) Any request approved as provided supporting the amounts reported by the under subsection shall be immediately Member or employee. RULE 3 . COMMITTEE MEETINGS turned over to the staff appointed for (4) No report or statement as to any trip A regular meeting of the committee action. shall be publicized making any recommen­ shall be held on the second and fourth (d) Any information obtained by such dations in behalf of the Committee without Wednesdays of each month . The usual time staff shall be reported to the chairman of t he authorization of a majority of the Com­ of a regular meeting shall be 9:45 a.m. A the subcommittee requesting such study mittee. regular meet ing may be canceled by the and examination and to the Chairman and (f) Members and staff of the Committee chairman of the committee after consulta­ Ranking Minority Member, shall be made performing authorized travel on official tion with the ranking majority member and available to the members of the subcommit­ business pertaining to the jurisdiction of the ranking minority member. tee concerned, and shall not be released for the Committee shall be governed by applica­ (b) Additional meetings of the committee publication until th e subcommittee so deter­ ble laws or regulations of the House and of may be called by the chairman as he consid­ mines. t he Committee on House Administration ers necessary. February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2051 (c) A special meeting of the committee RULE 6. ROLLCALL VOTE the chairman to a special ad hoc subcom­ shall be held in accordance with the provi­ A rollcall vote on any question may be de­ mittee or task force established under rule sions of House Rule XI, Clause 2(c)(2). termined by any member of the committee 21. (d) Regular, additional, and special meet­ or for a subcommittee, as appropriate. RULE 10. STATEMENTS; DEPOSITIONS ings of the committee for the transaction of RULE 7. PROXIES Statements, depositions, letters, and such business shall be open to the public, except A member may vote on any matter before other pertinent matter in appropriate form when the committee, in open session and the committee or a subcommittee by proxy. as may be timely submitted may be accepted with a majority present, determines by roll­ A proxy shall <1) be in writing, signed by for inclusion in printed hearings, records, or call vote that all or part of the remainder of the member authorizing the proxy, and documents, or in the permanent files of the the meeting on that day shall be closed to show the date and time of day that the committee, by the chairman of the commit­ the public in accordance with House Rule proxy is signed; (2) assert that the member tee or subcommittee, as appropriate, with­ XI, Clause 2(g)0). is absent on official business or is otherwise out objection or upon motion duly adopted. RULE 4. RECORD OF ACTION unable to be present at the meeting; (3) des­ ignate the member who is to execute the RULE 11. HEARINGS; WITNESSES (a) A complete record of all committee or proxy authorization; and (4) be limited to a (a) Public announcement of the date, subcommittee action shall be kept which specific measure or matter and any amend­ place, and subject matter of each hearing to shall include a record of the votes on any ments or motions pertaining thereto. A be conducted by the committee, or by a sub­ question on which a record vote is demand­ member may authorize a general proxy for committee, shall be made at least 1 week ed. motions to recess, adjourn, or other proce­ before the commencement of a hearing, There shall be made available for in­ dural matters. A proxy may not be used unless the chairman of the committee or spection by the public, at reasonable times unless a quorum is present, cannot be used subcommittee, as appropriate, determines in the offices of the committee, a record of to make a quorum, and shall be presented to that there is good cause to begin a hearing the votes on any question on which a record the chairman at the time the proxy is voted. at an earlier date in which event such public vote is demanded, a description of the RULE 8. ADDRESSING COMMITTEE OR announcement shall be made at the earliest amendment, motion, order or other proposi­ SUBCOMMITTEES possible date. tion on which a record vote is demanded, (a) Recognition by the chairman shall (b) Hearings shall be open to the public and the name of each member voting for first be obtained by any member addressing except when the committee, or subcommit­ and each member voting against such the committee or subcommittee, as appro­ tee, as appropriate, votes to close a hearing amendment, motion, order, or proposition, in accordance with House Rule XI, Clause priate, proposing a motion, or interrogating 2(g) (2). and whether by proxy or in person, and the a witness. names of those members present bui not (b) The 5-minute rule shall apply in the Except as otherwise provided in these voting. markup of a bill. The 5-minute rule shall rules, the scheduling of witnesses and the (c) A committee or subcommittee report apply in the interrogation of witnesses until time allowed for the presentation of testi­ on a bill or resolution of a public character such time as each member who so desires mony and interrogation shall be the sole has had an opportunity to question the wit­ discretion of the chairman, unless otherwise ordered reported by a record vote shall in­ ordered by a majority vote of the committee clude the number of votes cast for, and the ness. The regular order shall be observed in or subcommittee, as appropriate, a quorum number of votes cast against, the motion to being present. report. all proceedings, and all questions and state­ ments in the interrogation of witnesses shall (d) When any hearing is conducted upon (d) The records of the committee at the any measure or matter, the minority party National Archives and Records Admimstra­ be germane to the legislation or other mat­ ters then being considered. members of the committee, or subcommit­ tion shall be made available in accordance tee, as appropriate, upon request to the with rule XXXVI of the Rules of the RULE 9. REFERENCE OF LEGISLATION chairman by a majority of the minority House, except that the committee author­ (a) Each bill, resolution, or other matter party members before completion of the izes the use of any record to which clause referred to the committee, subject to the hearings, shall be entitled to call witnesses 3(b)(4) of House Rule XXXVI would other­ provisions of this rule, shall be re-referred to testify on at least 1 day of such hearings. wise apply after such record has been in ex­ to the subcommittee having jurisdiction (e) Each witness who is to appear before istence for 20 years. The chairman shall over its principal subject within 2 weeks the committee, or subcommittee, as appro­ notify the ranking minority member of any from the date of its referral to the commit­ priate, and who has had appropriate and decision, pursuant to clause 3(b)(3) or clause tee unless the chairman of the committee timely notice of such appearance shall file 4(b) of House Rule XXXVI, to withhold a orders that it be held for the committee's with the committee, or subcommittee, as ap­ direct consideration. If the chairman so propriate, at least 48 hours in advance of his record otherwise available, and the matter orders. he shall inform the members of the shall be presented to the committee for a appearance, at least 100 copies of the state­ committee of his decision and it shall not ment of his proposed testimony and limit determination on the written request of any become final until 1 week after he has so in­ member of the committee. his oral presentation at his appearance to a formed them and then only if a majority of brief summary of his argument. The re­ RULE 5. COMMITTEE QUORUM the members of the committee have not, in quirement of this rule may be waived, in (a) Except as provided under paragraphs the meantime, advised him in writing of whole or in part, by the chairman, without (b) and (C) of this rule, or under House Rule their disagreement therewith. objection, or pursuant to a motion duly XI, Clause 2(g)(2), one-third of the total Cb) A bill, resolution, or other matter re­ adopted. membership of the committee shall consti­ ferred by the chairman of the committee to (f) A witness may obtain a transcript of tute a quorum for the purpose of transact­ a subcommittee may be recalled by him for his testimony given at a public session or, if ing committee business. the committee's direct consideration or for given at an executive session, when author­ (b) A majority of the total membership of referral to another subcommittee. If re­ ized by the committee or subcommittee, as called, the chairman shall inform the mem­ appropriate. the committee shall constitute a quorum for bers of the committee of his decision and it the purpose of- shall not become final until 1 week after he RULE 12. POWER TO SIT AND ACT; SUBPENA <1) reporting a measure or recommenda­ has so informed them and then only if a POWER; OATHS tion in accordance with rule 13(a); majority of the members of the committee (a) The committee and each subcommittee (2) voting to close a meeting under rule have not, in the meantime, advised him in is authorized- 3(d); writing of their disagreement with his deci­ {!) to sit and act at such times and places, (3) authorizing the issuance of a subpena sion. whether the House is in session, has re­ under rule 12; and (c) A bill, resolution, or other matter re­ cessed, or has adjourned, and to hold hear­ (4) recalling a bill, resolution, or other ferred to a subcommittee may be recalled by ings; and matter under rule 9(c). a majority vote of the committee, a majori­ (2) subject to paragraph (c), to require by (c) Not less than two members of the com­ ty being present, for its direct consideration subpena or otherwise, the attendance and mittee shall constitute a quorum for the or for reference to another subcommittee. testimony of such witnesses and the produc­ purpose of taking testimony and receiving (d) A bill, resolution, or other matter re­ tion of such books, records, correspondence, evidence. ferred to the committee may be referred si­ memoranda, papers, and documents as it (d) The presence of a quorum shall be de­ multaneously by the chairman of the com­ deems necessary. termined and announced by the chairman mittee to two or more subcommittees for (b) The chairman of the committee or of a before the committee shall proceed to the concurrent consideration . for consideration subcommittee. as appropriate, or any transaction of business and shall be record­ in sequence, or for consideration of particu­ member designated by the chairman, may ed in the records of committee action. lar parts, or the matter may be referred by administer oaths to witnesses. 2052 CONGRESSIONAL RECORD-HOUSE February 9, 1989

(c) A subpena may be authorized a~d (1) The subcommittee staff shall be ap­ ( 3) television cameras shall operate from issued by the committee or by a subcommit­ pointed, and may be removed, and their ~e­ fixed positions which shall not obstruct tee in the conduct of its functions and muneration determined by the subcommit­ committee or subcommittee proceedings or duties under House Rules X and XI or tee chairman within the budget approved other media; under the committee rules when authorized for the subcommittee by the committee; (4) equipment must be installed prior to by a majority vote of the commi~te~ or s~b­ (2) The staff assigned to the minority the hearing; committee, as appropriate, a maJonty bei~g shall be appointed and their remuneration (5) lighting shall be at the lowest ade­ present, or when authorized by the chair­ determined in such manner as the minority quate level; man of the committee. party members of the committee shall de­ (6) still photographers shall not come be­ (d) Authorized subpenas shall be signed termine within the budget approved for tween the witnesses and committee mem­ by the chairman of the committee or, in his such purposes by the committee; and bers or obstruct the other media during the absence, by a member designated by the (3) The staff of the committee not as­ hearing; and chairman. signed to a standing subcommittee or to the ( 7) broadcast and photography personnel RULE 13. FILING REPORTS; SUPPLEMENTAL, minority under the above provisions shall be shall be orderly and unobtrustive and shall MINORITY, OR ADDITIONAL VIEWS appointed, and may be removed, and their be currently accredited to the Radio, Televi­ (a) No measure or recommendation, in­ remuneration determined by the chairman sion Correspondents', or the Press Photog­ cluding any report or submission required to within the budget approved for such pur­ raphers' Galleries, as appropriate. poses by the committee. be made to the House or to the Committee RULE 18. AVAILABILITY OF SUBCOMMITTEE RULE 16. SPECIAL FUNDS, BUDGET, EXPENSES, on the Budget by the committee under REPORTS paragraphs (g), (h), and (i) of Clause 4 of AND ACCOUNTS A summary and explanation of each meas­ Rule X of the Rules of the House, shall be (a) The chairman of each standing sub­ reported unless a majority of the committee ure or matter reported by a subcommittee committee shall propose and present to the shall be furnished to each member of the or subcommittee, as appropriate, was actual­ chairman of the committee, for each session ly present. committee in advance of the committee of the Congress, a subcommittee budget of meeting at which such measure or matter is (b) It shall be the duty of the chairman of the estimated amount of special funds nec­ the committee to report or cause to be re­ essary to carry out the anticipated activities to be considered. ported promptly to the House any measure and programs of the subcommittee for that RULE 19. TRAVEL approved by the committee and to take_ or particular session of the Congress .. cause to be taken necessary steps to brmg (a) All members of the committee shall (b) The chairman of the committee shall have adequate notice prior to the date or the matter to a vote. review each proposed subcommittee budget (c) It shall be the duty of the chairman of dates fixed for investigations or hearings at and, after consultation with the ranking mi­ locations other than Washington, D.C. a subcommittee to promptly request consid­ nority member, shall propose and present to eration in the committee of any measure ap­ Cb) Travel of members and staff of the the committee, for each session of the Con­ committee or of a subcommittee to hear­ proved by the subcommittee, and it sha~l be gress, a committee budget of the estimated the duty of the chairman of the committee ings, meetings, conferences, and investiga­ total amount of special funds to be request­ tions must be authorized by the chairman to schedule such measure for consideration ed under a primary expense resolution re­ by the committee as promptly as possible. of the committee prior to any public notice quired under House Rule XI, Clause ?· ~or thereof or the actual travel. Before such au­ (d) In the event the report of the commit­ use by the committee, both the maJonty tee on a measure which has been approved thorization is given, there shall be submit­ and the minority, for such session of the ted to the chairman of the committee a by the committee has not been filed as pre­ Congress for all anticipated activities and scribed by paragraph (b) of this rule, such statement in writing which includes the fol­ programs of the committee and of the lowing: report shall be filed within 7 calendar days standing subcommittees. personnel of subcommittee business from time to time cation in the CONGRESSIONAL RECORD, a copy authorization; and intergovernmental per­ while Congress is in session, at a time and of the rules of the Committee on House Ad­ sonnel programs. on a day determined by the subcommittee ministration, as approved by the committee on (4) Subcommittee on the Civil Service.­ with due regard to the time and dates of the February 8, 1989: Federal civil service matters, generally, regular meetings of the committee and other subcommittees. All meetings of each RULES FOR THE COMMITTEE ON HOUSE except those matters, specifically within the ADMINISTRATION jurisdiction of other subcommittees; Federal subcommittee shall be open to the public labor management relations The report of the committee on a prior to the consideration of such measure The chairman may accomplish this by rec­ measure which has been approved by the or matter in the House. ognizing two majority members for each mi­ committee shall include- RULE NO. 11. SUBCOMMITTEE OVERSIGHT ( I) the oversight findings and recommen­ nority member recognized. The standing subcommittees of the com­ (f) The following additional rules shall dations required pursuant to clause 2(b)(l) apply to hearings: of Rule X of the House separately set out mittee shall conduct oversight of matters ( 1) The chairman at a hearing shall an­ and clearly identified; within their jurisdiction in accordance with (2) the statement required by section Rule X, clauses 2 and 3 of the Rules of the nounce in an opening statement the subject House of Representatives. of the investigation. 308< 1) of the Congressional Budget Act (2) A copy of the committee rules and this of 1974, separately set out and clearly iden­ RULE NO. 12. REVIEW OF CONTINUING clause shall be made available to each wit­ tified, if the measure provides new budget PROGRAMS; BUDGET ACT PROVISIONS ness. authority or new or increased tax expendi­ (a) The committee shall, in its consider­ (3) Witnesses at hearings may be accom­ tures; ation of all bills and joint resolutions of a panied by their own counsel for the purpose (3) the estimate and comparison prepared public character within its jurisdiction, of advising them concerning their constitu­ by the Director of the Congressional Budget insure that appropriation for continuing tional rights. Office under section 403 of such Act, separ­ programs and activities of the Federal Gov­ ( 4) The chairman may punish breaches of atley set out and clearly identified, when­ ernment and the District of Columbia gov­ order and decorum, and of professional ever the Director (if timely submitted prior ernment will be made annually to the maxi­ ethics on the part of counsel, by censure to the filing of the report) has submitted mum extent feasible and consistent with the and exclusion from the hearings; and the such estimate and comparison to the com­ nature, requirement, and objectives of the committee may cite the offender to the mittee; and programs and activities involved. For the House for contempt. (4) a summary of the oversight findings purposes of this paragraph a Government (5) If the committee determines that evi­ and recommendations made by the Commit­ agency includes the organizational units of dence or testimony at a hearing may tend to tee on Government Operations under clause government listed in clause 7 of Rule defame, degrade, or incriminate any person, 4<2> of Rule X of the House separately XIII of House Rules. it shall- set out and clearly identified whenever such (b) The committee shall review, from time afford such person an opportunity vol­ findings and recommendations have been to time, each continuing program within its untarily to appear as a witness; submitted to the legislative committee in a jurisdictions for which appropriations are receive such evidence or testimony in timely fashion to allow an opportunity to not made annually in order to ascertain executive session; and consider such findings and recommenda­ whether such program could be modified so receive and dispose of requests from tions during the committee's deliberations that appropriations therefor would be made such person to subpoena additional wit­ on the measure. annually. nesses. (d) Each report of the committee on each (c) The committee shall, on or before (6) Except as provided in subparagraph bill or joint resolution of a public character March 15 of each year, submit to the Com­ (5), the chairman shall receive and the com­ reported by the committee shall contain a mittee on the Budget (1) its views and esti­ mittee shall dispose of requests to subpoena detailed analytical statement as to whether mates with respect to all matters to be set additional witnesses. the enactment of such bill or joint resolu­ forth in the concurrent resolution on the <7> No evidence or testimony taken in ex­ tion into law may have an inflationary budget for the ensuing fiscal year which are ecutive session may be released or used in impact on prices and costs in the operation within its jurisdiction or functions, and (2) public sessions without the consent of the of the national economy. an estimate of the total amounts of new committee. If, at the time of approval of any meas­ budget authority, and budget outlays result­ (8) In the discretion of the committee, wit­ ure or matter by the committee, any ing therefrom, to be provided or authorized nesses may submit brief and pertinent member of the committee gives notice of in­ in all bills and resolutions within its juris­ sworn statements in writing for inclusion in tention of file supplemental, minority, or diction which it intends to be effective the record. The committee is the sole judge additional views, that member shall be enti­ during that fiscal year. of the pertinency of testimony and evidence tled to not less than 3 calendar days, com­ (d) As soon as practicable after a concur­ adduced at its hearing. mencing on the day on which the measure rent resolution on the budget for any fiscal (9) A witness may obtain a transcript copy. or matter(s) was approved, excluding Satur­ year is agreed to, the committee O> It shall be the duty of the chairman filed by the committee with respect to that the manner provided by section 302 of the of the committee to report or cause to be re­ measure or matter. The report of the com­ Congressional Budget Act of 1974. ported promptly to the House any measure mittee upon that measure or matter shall be Whenever the committee is directed in approved by the committee and to take or printed in a single volume which- a concurrent resolution on the budget to de­ cause to be taken necessary steps to bring ( 1) shall include all supplemental, minori­ termine and recommend changes in laws, the matter to a vote. ty, or additional views which have been sub­ bills, or resolutions under the reconciliation (2) In any event, the report of the com­ mitted by the time of the filing of the process it shall promptly make such deter­ mittee on a measure which has been ap­ report, and mination and recommendations, and report proved by the committee shall be filed (2) shall bear upon its cover a recital that a reconciliation bill or resolution (or both> within 7 calendar days and (4) of subpara­ accordance with the Congressional Budget clerk of the committee a written request, graph (c)) are included as part of the report. Act of 1974. signed by a majority of the members of the This subparagraph does not preclude- RULE NO. 13. BROADCASTING OF COMMITTEE committee, for the reporting of that meas­ the immediate filing or printing of a HEARINGS ure. Upon the filing of any such request, the committee report unless timely request for clerk of the committee shall transmit imme­ the opportunity to file supplemental, minor­ The rule for the broadcasting of commit­ diately to the chairman of the committee ity, or additional views has been made as tee hearings shall be the same as Rule XI, notice of the filing of that request. provided by this subparagraph; or clause 3 of the Rules of the House of Repre­ (b)(l) No measure or recommendation the filing by any such committee of sentatives. shall be reported from the committee unless any supplemental report upon any measure RULE NO. 14. COMMITTEE AND SUBCOMMITTEE a majority of the committee was actually or matter which may be required for the STAFF present. correction of any technical error in a previ­ Except as provided in Rule XI, clause 5(d) <2> With respect to each rollcall vote on a ous report made by that committee upon of the Rules of the House of Representa­ motion to report any bill or resolution of a that measure or matter. tives, the staff of the Committee on House public character, the total number of votes (f) If hearings have been held on any such Administration shall be appointed as fol­ cast for, and the total number of votes cast measure or matter so reported, the commit­ lows: against, the reporting of such bill or resolu­ tee shall make every reasonable effort to A. The subcommittee staff shall be ap­ tion shall be included in the committee have such hearings printed and available for pointed, and may be removed, and their re­ report. distribution to the members of the House muneration determined by the subcommit- 2056 CONGRESSIONAL RECORD-HOUSE February 9, 1989 tee chairman within the budget approved observations or information gained as a RULE NO. 18. REFERRAL OF LEGISLATION TO for the subcommittee by the full committee; result of such travel. SUBCOMMITTEES B. The staff assigned to the minority shall Cc> Members and staff of the committee All legislation and other matters referred be appointed and their remuneration deter­ performing authorized travel on official to the committee shall be referred by the mined in such manner as the minority party business shall be governed by applicable chairman to the subcommittee of appropri­ members of the committee shall determine laws, resolutions, or regulations of the ate jurisdiction within 2 weeks, unless by within the budget approved for such pur­ House and of the Committee on House Ad­ majority vote of the members of the full poses by the committee; ministration pertaining to such travel. committee, consideration is to be otherwise C. The employees of the committee not RULE NO. 16. NUMBER AND JURISDICTION OF effected. The chairman may refer the assigned to a standing subcommittee or to SUBCOMMITTEES matter simultaneously to two or more sub­ the minority under the above provisions committees, consistent with House Rule X, shall be appointed, and may be removed, Ca> There shall be six Standing Subcom­ for concurrent consideration or for consider­ and their remuneration determined by the mittees. The ratio (majority /minority) and ation in sequence (subject to appropriate chairman within the budget approved for jurisdiction of the subcommittees shall be: time limitations), or divide the matter into such purposes by the committee. Subcommittee on Accounts. (7 I 4>-Inter­ two or more parts and refer each such part nal budget matters; expenditures from the to a different subcommittee, or refer the RULE NO. 15. TRAVEL OF MEMBERS AND STAFF contingent fund; changes in amounts of al­ matter pursuant to House Rule X to an ad Ca> Consistent with the primary expense lowances; and consultant contracts for com­ hoc subcommittee appointed by the chair­ resolution and such additional expense reso­ mittees. man for the specific purpose of considering lutions as may have been approved, the pro­ Subcommittee on Procurement and Print­ that matter and reporting to the full com­ visions of this rule shall govern travel of ing. (3/2)-Matters pertaining to procure­ mittee thereon, or such other provisions as committee members and staff. Travel for ment contracts for goods. Matters pertain­ may be considered appropriate. The chair­ any member or any staff member shall be ing to printing, depository libraries, materi­ man may designate a subcommittee chair­ paid only upon the prior authorization of al printed in Congressional Record, and ex­ man or other member to take responsibility the chairman. Travel may be authorized by ecutive papers. as "floor manager" of a bill during its con­ the chairman for any member and any staff Subcommittee on Office Systems. C3/2)­ sideration in the House. member in connection with the attendance Matters pertaining to furniture, electrical of hearings conducted by the committee or and mechanical office equipment and other RULE NO. 19. OTHER PROCEDURES AND any subcommittee thereof and meetings, accoutrements for use in the office of mem­ REGULATIONS conferences, and investigations which in­ bers, officers or committees and matters The chairman of the full committee may volve activities or subject matter under the pertaining to the development of manage­ establish such other procedures and take general jurisdiction of the committee. ment systems for such offices. such actions as may be necessary to carry Before such authorization is given there Subcommittee on Personnel and Police. out the foregoing rules or to facilitate the shall be submitted to the chairman in writ­ C3/2>-Matters pertaining to House employ­ effective operation of the committee. ing the following: ees and Police, parking, restaurant, barber RULE NO. 20. DESIGNATION OF CLERK OF THE Cl> The purpose of the travel; and beauty shop, and other House facilities COMMITTEE (2) The dates during which the travel will and services. For the purposes of these rules and the occur; Subcommittee on Elections. (7/4)-Mat­ Rules of the House of Representatives, the (3) The locations to be visited and the ters pertaining to the election of President, staff director of the committee shall act as length of time to be spent in each; Vice President, and Members of Congress; the clerk of the committee. (4) The names of members and staff seek­ corrupt practices; credentials and qualifica­ ing authorization. tions and Federal elections generally, in­ Cb)(l) In the case of travel outside the cluding the Federal Election Campaign Act RULES OF THE HOUSE COMMIT­ United States of members and staff of the of 1971 and the Federal Election Commis­ TEE ON INTERIOR AND INSU­ committee or of a subcommittee for the pur­ sion. pose of conducting hearings, investigations, LAR AFFAIRS FOR THE 101ST Subcommittee on Libraries and Memori­ CONGRESS studies, or attending meetings and confer­ als. C3/2)-Matters pertaining to the Library ences involving activities or subject matter of Congress; statuary and pictures; accept­ an agenda of anticipated activities for SUBCOMMITTEES lege in Committees and Subcommittees. each country for which travel is authorized Each subcommittee is authorized to meet, Written rules adopted by the Committees, together with a description of the purpose hold hearings, receive evidence, and report not inconsistent with the Rules of the to be served and the areas of committee ju­ to the full committee on all matters re­ House, shall be binding on each Subcommit­ risdiction involved; and ferred to it. Subcommittee chairmen shall tee. Each Subcommittee of a Committee is a CE) the names of members and staff for set meetings dates after consultation with part of that Committee and is subject to the whom authorization is sought. the chairman of the full committee and authority and direction of that Committee, (2) Requests for travel outside the United other subcommittee chairmen, with a view Rule XI of the Rules of the House, which States shall be initiated by the Chairman toward avoiding simultaneous scheduling of pertains entirely to Committee procedure, is and shall be limited to members and perma­ committee or subcommittee meetings or incorporated and made a part of the Rules nent employees of the committee. hearings wherever possible. It shall be the of the Committee which are supplementary C3) At the conclusion of any hearing, in­ practice of the committee that meetings of to the Rules of the House. vestigation, study, meeting or conference subcommittees not be scheduled to occur si­ Rule 2. Time, Place of Meetings.-(a) for which travel outside the United States multaneously with meetings of the full com­ While Congress is in session, regular busi­ has been authorized pursuant to this rule, mittee. In order to ensure orderly and fair ness meetings of the Committee shall be each subcommittee Car members and staff assignment of hearing and meeting rooms, held in the regularly assigned committee attending meetings or conferences) shall hearings and meetings should be arranged room, Longworth House Office Building, be­ submit a written report to the chairman in advance with the chairman through the ginning at 9:45 a.m. on each Wednesday, covering the activities and other pertinent staff director of the committee. except that whenever any regularly sched- February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2057 uled party caucus or conference conflicts by the same procedure vote to close one sub­ direct the Clerk to note the names of all with such meeting of the Committee, then sequent day of hearing. Provided further, Members present within the 10 minute the Committee shall meet at a later time or That two or more Members at a meeting period. on Thursday or on such other day as may held for the purpose of taking testimony Rule 7. Proxies.-A vote by any Member be mutually agreed upon by the Chair and may determine, by a majority vote. in the Committee or in any Subcommittee the Ranking Minority Member. Such meet­ (i) to close such hearing for the purpose of may be cast by proxy, but such proxy must ing shall be called to order and presided discussing whether testimony or evidence to be in writing. Each proxy shall designate over by the Chair, or in the absence of the be received would endanger national securi­ the Member who is to execute the proxy au­ Chair, by the ranking majority member of ty or tend to defame, degrade, or incrimi­ thorization, shall assert that the Member is the Committee present. nate any person in violation of rule XI, absent on official business or otherwise (b) Special meetings shall be held at the 2<5> of the Rules of the House; or unable to attend, and shall be limited to a call of the Chair or upon written request of to close the hearing as provided in rule specific measure or matter and any amend­ Members of the Committee as provided in XI 2<5> of the House. ments or motions pertaining thereto; except Rule XI, Clause 2, of the Rules of the No Member may be excluded from that a Member may authorize a general House. When a regularly called party nonparticipatory attendance at any hearing proxy for motions to recess, adjourn or caucus or party conference is scheduled to of the Committee, or its Subcommittees other procedural matters. Each proxy to be be in session after 10 a.m. on any day, and unless the House, by majority vote, author­ effective shall be signed by the Member as­ the Chair is so advised not later than 12 izes the Committee or its Subcommittees, signing his vote and shall contain the date noon on the preceding day, the regularly for purposes of a particular series of hear­ and time of day that the proxy is signed. scheduled Committee meeting for that day ings on a particular article of legislation or Proxies may not be counted for a quorum. shall be rescheduled at a later time or as on a particular subject of investigation, to Rule 8. Subpenas and Oaths.-(a) A sub­ provided in paragraph (a) of this rule. close such meetings to Members by the pena may be issued by a Committee or Sub­ Each meeting of the Committee or any same procedures designated in this rule for committee in the conduct of any investiga­ of its Subcommittees for the transaction of closing meetings to the public. tion or series of investigations or activities business, including the mark-up of legisla­ Each witness who is to appear before when authorized by a majority of the Mem­ tion, shall be open to the public except the Committee or one of its Subcommittees bers of the Committee or Subcommittee and when the Committee or Subcommittee, in shall file with the Committee, at least 24 approved by the Chair of the Full Commit­ open session and with a majority present, hours in advance of his appearance, a writ­ tee and signed by his or her designee. determines by rollcall vote that all or part ten statement of his proposed testimony (b) The Chair of the Committee, the of the remainder of the meeting on that day and shall limit his oral presentation at his Chair of any of its Subcommittees, or any shall be closed to the public because disclo­ appearance to a brief summary of his argu­ Member designated by either, may adminis­ sure of testimony, evidence or other matters ment, unless this requirement is waived by ter oaths to any witness. to be considered would endanger the nation­ the Committee. Rule 9. Journal, Rollcalls.- The pro­ al security or would violate any law or rule The right to interrogate witnesses ceedings of the Committee shall be recorded of the House of Representatives: Provided before the Committee or any of its Subcom­ in a journal which shall, among other however, That no person other than Mem­ mittees shall alternate between the Majori­ things include a record of the votes on any bers of the Committee and such congres­ ty Members and the Minority Members. In question on which a record vote is demand­ sional staff and such departmental repre­ recognizing Members to question witnesses, ed. A copy of the journal shall be furnished sentatives as they may authorize shall be the Chair may take into consideration the the Ranking Minority Member through the present at any business or mark-up session ratio of Majority and Minority party Mem­ Minority Counsel. A record vote may be de­ which has been closed to the public. This bers present and may recognize two Majori­ manded by one-fifth of the Members paragraph does not apply to any meeting ty party Members for each Minority party present or, in the apparent absence of a that relates solely to internal budget or per­ Member recognized. Each Member shall be quorum, by any one Member. No demand sonnel matters. limited to 5 minutes in the interrogation of for a rollcall shall be made or entertained Rule 3. Agenda for Meetings.-The agenda witnesses until such time as each Member of except for the purpose of securing a record for Committee meetingH setting out all the Committee who so desires has had an vote or in the apparent absence of a items of business to be considered, shall be opportunity to question the witness. quorum. available and delivered to the office of each (f) No bill, recommendation, or other At the beginning of any meeting of the Member at least 48 hours in advance of the matter reported by a Subcommittee shall be Committee, the Chair may announce to the meeting. Provided, That this requirement considered by the Committee until 2 calen­ Committee, in its discretion, that further may be waived by a majority vote, a quorum dar days have elapsed from the time of the proceedings will be postponed on any mo­ being present. action of the Subcommittee and such action tions on which a recorded vote is ordered or Rule 4. Adjournment of Meetings.-A has been reported by the Committee Clerk on which the vote is objected to under Rule motion to adjourn shall not be approved to all Members of the Committee and, in 6 until immediately preceding the conclu­ unless the Chair, in his discretion, recog­ the case of a bill, a copy has been delivered sion of the meeting. In such instances, the nizes a Member for the purpose of making to the office of all Members so requesting Committee shall proceed with the consider­ such motion and the motion is approved by the same, together with a section-by-section ation of the next regularly scheduled meas­ a majority of the Members present and explanation and, if a change in present law ures or matters until all such business is dis­ voting. is involved, a section-by-section comparison posed of or until such time as the Chair an­ Rule 5. Committee Procedure.- The with the present law: Provided, That this nounces that the question will be put on the date, time, place and subject matter of all requirement may be waived by a two-thirds matter deferred. The question on any public hearings of the Committee or any of vote of a quorum of the Committee Mem­ motion so postponed shall be put by the its Subcommittees shall be announced at bers. Chair and shall be disposed of by the Com­ least 1 week in advance of the commence­ Rule 6. Quorum.-No measure or recom­ mittee, without further debate, as expedi­ ment of such hearings. If the Committee, or mendation shall be reported from the Com­ tiously as possible. If the Committee ad­ any of its Subcommittees, determines that mittee unless a majority of the Members of journs before the question is put and deter­ there is good cause to expedite the hearing, the Committee are present, but for the pur­ mined on such motion, then the first order it shall make the announcement at the ear­ pose of transacting any other Committee of business at the next meeting shall be the liest possible date. Any such announcement business one-third of the Members shall disposition of such motion. shall be promptly published in the Daily constitute a quorum. Testimony and evi­ (C) The result of each rollcall vote in any Digest. dence may be received at any meeting at meeting of the Committee shall be made Each hearing conducted by the Com­ which there are present two or more Mem­ available in the Committee office for inspec­ mittee or Subcommittee thereof shall be bers of the Committee. A quorum, once es­ tion by the public. Such records shall consti­ open to the public except when the Com­ tablished, shall be deemed present unless a tute the official attendance records of the mittee or Subcommittee, in open session Member objects to the transaction of busi­ Committee. and with a majority present, determines by ness due to the lack of a quorum. When a Rule 10. Filing of Committee Reports.­ rollcall vote that all or part of the remain­ call of the roll is required to ascertain the All members of the Committee shall be der of that hearing on that day shall be presence of a quorum, the offices of all given an opportunity to review each pro­ closed to the public because disclosure of Members shall be so notified and the Mem­ posed Committee report for at least 2 days testimony, evidence, or other matters to be bers shall have not less than 10 minutes to when space limitations prohibit accom­ additional views, that Member shall be enti­ or by any of such methods of coverage- modation of all accredited press, unaccredit­ tled to not less than three calendar days (!) for the education, enlightenment, and ed press and other media seeking to record Whenever any hearing or meeting con­ with the Clerk of the Committee. In the before the House and its Committees, the ducted by any Committee of the House is event that substantial or significant changes consideration thereof, and the action taken open to the public, that Committee may are made in the Committee report, such thereon; and permit, by majority vote of the Committee, Member shall have not more than one cal­ (2) for the development of the perspective that hearing or meeting to be covered, in endar day to review such changes and alter and understanding of the general public whole or in part, by television broadcast, his or her views in responding thereto. All with respect to the role and function of the radio broadcast, and still photography, or such views so filed by one or more Members House under the constitution of the United by any of such methods of coverage, but of the Committee shall be included within, States as an organ of the Federal Govern­ only under such written rules as the Com­ and shall be a part of, the report filed by ment. mittee may adopt in accordance with the the Committee with respect to that measure (b) In addition, it is the intent of this purposes, provisions, and requirements of or matter. clause that radio and television tapes and this clause. The time requirements of paragraphs television film of any coverage under this (f) The following rules shall apply to the (a) and (b) of this rule shall run concurrent­ clause shall not be used, or made available Committee and its Subcommittees: ly and shall not operate to delay the filing for use, as partisan political campaign mate­ <1) If the television or radio coverage of of Committee reports. rial to promote or oppose the candidacy of the hearing or meeting is to be presented to Rule 11. Record of Committee Proceed­ any person for elective public office. the public as live coverage, that coverage ings.- Evidence, testimony, and informa­ (c) It is, further, the intent of this clause shall be conducted and presented without tion relevant to any measure or matter that the general conduct of each meeting commercial sponsorship. before the Committee will be received for Obtain advance clearance of the Chair shall be given to photographers from Asso­ corum, by which Committee hearings, or of the Committee or Subcommittee through ciated Press Photos and United Press Inter­ Committee meetings, which are open to the the Director of Public Affairs of the Com­ national Newspictures. If request is made by public may be covered, by television broad- mittee. more than five of the media for coverage of February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2059 the hearing or meeting by still photogra­ (c) Notwithstanding paragraphs (a) and bers of the Committee, orders that it be re­ phy, that coverage shall be made on the Cb) of this rule, the Committee may employ tained for consideration by the Committee basis of a fair and equitable pool arrange­ such additional nonpartisan staff as it or that it be referred to a select or special ment devised by the Standing Committee of deems necessary to conduct the administra­ Subcommittee. Press Photographers. tive and clerical functions of the Commit­ Cb) A bill, resolution, or other matter re­ (9) Photographers shall not position tee. Such staff shall be in addition to any ferred by the Chair to a Subcommittee may themselves, at any time during the course of staff designated exclusively for the Majority be recalled therefrom by him or her with the hearing or meeting, on the Committee or Minority party and shall be appointed the approval of a majority of the Members rostrum or between the witness stand and only with the approval of a majority of the of the Committee for the Committee's the Members of the Committee. Members of the Minority party and with direct consideration or for referral to an­ (10) Photographers shall not place them­ the approval of a majority of the Members other Subcommittee. The Chair shall so selves in positions which obstruct unneces­ of the Minority party. The Chair of the inform the Members of this recommenda­ sarily the coverage of the hearing by the Committee shall establish and assign the tion, in writing, and such recommendation other media. duties and responsibilities of such members shall be effective within 1 week if approved ( 11) Personnel providing coverage by the of the staff and they shall be compensated by a majority of the Members of the Com­ television and radio media shall be then cur­ at a salary commensurate with the responsi­ mittee. rently accredited to the Radio and Televi­ bilities prescribed. (c) A bill, resolution, or other matter re­ sion Correspondents' Galleries. Cd> In the event that staff is not otherwise ferred by the Committee to a Subcommittee 02) Personnel providing coverage by still available pursuant to paragraphs Ca) and (b) may be recalled from such Subcommittee at photography shall be then currently accred­ of this rule, from the funds provided for the ited to the Press Photographers' Gallery. appointment of Committee staff pursuant any time by majority vote, a quorum being 03> Personnel providing coverage by the to any primary and additional expense reso­ present, for its consideration by the Com­ television and radio media and by still pho­ lution; mittee or for reference to another Subcom­ tography shall conduct themselves and ( 1) The Chair of each standing Subcom­ mittee. their coverage activities in an orderly and mittee is authorized to appoint at least one Rule 16. Subcommittees.-There shall be unobtrusive manner. staff member who shall serve at the pleas­ the following six standing Subcommittees of Rule 13. Committee Staffs.-(a) Pursuant ure of the Subcommittee Chair. the Committee: Subcommittee on Energy to Rule XI, Clause 6, of the Rules of the (2) The ranking Minority party Member and the Environment; Subcommittee on House, the permanent staff of the Commit­ of each standing Subcommittee is author­ Water and Power Resources; Subcommittee tee shall consist of not more than 30 staff ized to appoint one staff person who shall on Mining and Natural Resources; Subcom­ members who shall be selected on the basis serve at the pleasure of the ranking Minori­ mittee on National Parks and Public Lands; of fitness to perform the duties of their re­ ty party Member. Subcommittee on Insular and International spective positions as follows: (3) The staff members appointed pursuant Affairs; and Subcommittee on General Three shall be chosen by the Committee to the provisions of subparagraphs Ca> and Oversight and Investigations. Additional from nominations approved by a. majority of Cb) shall be compensated at a rate deter­ standing Subcommittees may be created by the Members of the Minority party of the mined by the Subcommittee Chair pursuant resolution of the Committee. Committee; to Rule XI, Clause 5Cd>. of the House of Rule 17. Jurisdiction of Subcommittees.­ one shall be chosen by the Committee Representatives. (a) The jurisdiction, including legislative, in­ from nominations submitted by the Chair of (4) The staff positions made available to vestigative, and oversight responsibilities, of each of the standing Subcommittees of the the Subcommittee Chair and ranking Mi­ the six standing Subcommittees shall, sub­ Committee; nority party Members pursuant to subpara­ ject to alteration as other Subcommittees one shall be chosen by the Committee graphs (1) and (2) of this paragraph shall be are created, be as follows: from nominations submitted by the ranking made available from the staff positions pro­ Minority party Member of each standing Subcommittee on Energy and the vided under Rule XI, Clause 6, unless such Environment Subcommittee of the Committee; and staff positions are made available pursuant the balance of any unfilled positions shall to a primary or additional expense resolu­ (a) Recommendations with respect to laws be chosen by the Committee from nomina­ tion. and programs under the jurisdiction of the tions approved by a majority of the Mem­ (e) All staff selected pursuant to this rule Committee made by the Council on Envi­ bers of the Majority party Members of the shall be approved by the Committee and ronmental Quality in its annual Environ­ Committee; shall not be assigned any duties other than mental Quality Report to the Congress. The staff members selected by the Majority those pertaining to the business of the Com­ Cb) Selected matters and proposals, as re­ party shall be assigned such legislative, mittee and its Subcommittees. The staff of ferred by the Chairman, involving the envi­ oversight, and administrative duties and re­ a subcommittee shall be under the general ronmental impacts of any laws or programs sponsibilities as the Chair of the Committee supervision and direction of the Chair of under the jurisdiction of the Committee. may prescribe and shall assist Committee that Subcommittee. The staff assigned to (c) Regulation of the domestic nuclear Members in connection with matters related the Minority shall be under the general su­ energy industry, including regulation of re­ to Committee business. Each staff member pervision and direction of the Minority search and development of reactors and nu­ nominated by a Subcommittee Chair shall party Members of the Committee who may clear regulatory research and special over­ be under the general supervison and direc­ delegate such authority as they determine sight functions with respect to nonmilitary tion of that Subcommittee Chair. The staff appropriate. The staff of the Committee not nuclear energy and research and develop­ members selected by the Minority party assigned to a Subcommittee or to the Mi­ ment including the disposal of nuclear shall be under the general supervision and nority shall be under the general supervi­ waste. direction of the Minority party Members of sion and direction of the Chair of the Com­ (d) Conservation of the uranium supply in the Committee who may delegate such au­ mittee, who shall establish and assign the the United States. thority as they determine appropriate. duties and responsibilities of such staff ( e) Legislation concerning the transporta­ tion of natural gas from or within Alaska or (b) A Subcommittee Chair shall be enti­ members and delegate authority as deter­ mined appropriate. concerning the disposition of oil transported tled to select and designate additional staff by the trans-Alaska oil pipeline. members, subject to the approval of a ma­ B. SUBCOMMITTEES: JURISDICTION, jority of the Majority party Members of the COMPOSITION, AND POWERS Subcommittee on Water, Power, and Committee, to assist the Subcommittee in Rule 14. Subcommittee Rules.-The Rules Offshore Energy Resources carrying out its legislative, investigative and of the Committee, where applicable, shall (a) All measures or matters pertaining to oversight responsibilities. The Minority be the Rules of its Subcommittees. irrigation and reclamation projects and shall _be accorded fair and equitable consid­ Rule 15. Reference of Legislation.-(a) other water resources development pro­ eration with respect to the appointment of Except for bills, resolutions, or matters in­ grams, including policies and procedures re­ additional staff, but Minority staffing shall volving Indians and Indian Tribes which lating thereto. continue to be approximately one-third Mi­ shall be retained for consideration by the (b) Compacts relating to the use and ap­ nority representation on the Committee. Committee unless referred by the Chair to portionment of interstate waters. Such staff members shall be assigned such an appropriate standing, select, or special (c) Water rights, including Federal re­ duties pertaining to Subcommittee business Subcommittee, every bill, resolution, or served water rights on public lands, and as the Subcommittee Chair or the Minority, other matter referred to the Committee water related programs of the Geological respectively, deem advisable and shall be shall be referred to Subcommittee within 2 Survey. compensated at a salary commensurate with weeks from the date of its referral to the (d) Saline water research and develop­ the responsibilities prescribed by such Sub­ Committee unless the Chair, with the ap­ ment program and water resources research committee Chair or by the Minority. proval of a majority of the Majority Mem- program. 2060 CONGRESSIONAL RECORD-HOUSE February 9, 1989 (e) Water resources planning conducted (h) Except for Alaska, National Wilder­ majority of the Members of the Minority pursuant to the Water Resources Planning ness Preservation System, generally. and all party, may serve as Members of each Sub­ Act. matters relating to wilderness in the nation­ committee. (f) Programs involving major interbasin al park system. The size and party representation for movement of water or power. Subcommittee on Insular and International each Subcommittee during the lOOth Con­ (g) Measures and matters relating to Affairs gress shall be as follows: public lands in Alaska, except those within (a) Except for matters within the jurisdic­ the jurisdiction of the Subcommittees on tion of other Subcommittees, all measures Majority Minority Energy and the Environment and National Subcommittees 1 Total or matters involving the insular areas of the party 2 party2 Parks and Public Lands. Members (h) Measures and matters relating to pe­ United States. (b) All measures or matters involving the Energy and the Environment ...... 16 10 6 troleum conservation on the public and Trust Territory of the Pacific Islands, the Water and Power Resources ...... 22 14 8 other Federal lands. Freely Associated States and Antarctica. Mining and Natural Resources ...... 8 5 3 (i) Forestry and forest management issues National Parks and Public Lands 29 18 11 Cooperative efforts to encourage, en­ Insular and International Affairs. 6 4 2 in Alaska. hance and improve international programs General Oversight and Investigations 8 5 3 Subcommittee on Mining and Natural for the protection of the environment and Resources 1 The Chair and Ranking Minority Member of the Full Committee serve as ex the conservation of natural resources within officio Members of all Subcommittees, but are voting Members only on the (a) Mining interests generally, including the jurisdiction of the Committee. Subcommittees to which they are assigned pursuant to Rule 18. deep seabed mining and matters involving Subcommittee on General Oversight and 2 The Delegates from the Virgin Islands, American Samoa, and Guam and the Resident Commissioner from Puerto Rico do not count for purposes of the the Law of the Sea Treaty. Investigations ratio between the majority and minority parties. (b) Mineral resources of the public lands, General and continuing oversight and except matters involving the Outer Conti­ investigative authority over activities, poli­ Rule 19. Special or Select Subcommit­ nental Shelf. cies and programs within the jurisdiction of tee.-The Chair is authorized, after consul­ (c) Mineral land laws, and claims and en­ the Committee as may be referrred to the tation with the Ranking Minority Member tries thereunder. Subcommittee by the Chair of the Full of the Committee, to appoint such special or (d) Geological survey, except water relat­ Committee, after consultation with the select Subcommittees as he deems advisable ed programs. Chair of the principal standing legislative for carrying out the responsibilities and (e) Mining schools and experimental sta­ Subcommittee involved. functions of the Committee. Party represen­ tions. National outdoor recreation plans, pro­ diction of that Subcommittee. bers of the Committee deem appropriate. grams, and administration, including the (2) Pursuant to Rule X, Clause 2, of the All such travel shall be subject to the regu­ Land and Water Conservation Fund and the Rules of the House, the Chair of the Com­ lations promulgated by the Committee on Pennsylvania Avenue Development Corpo­ mittee and the Chair of the Subcommittee House Administration. ration. having jurisdiction over the matters in­ Rule 22. Subcommittee Chair.-The Ma­ Preservation of prehistoric ruins and volved or their respective designees, shall jority shall have the right, in order of Full objects of interest on the public domain and meet with representatives of the Committee Committee seniority, to bid for Standing other historic preservation programs and ac­ on Government Operations to discuss and to Subcommittee Chairs. Any such bid shall be tivities, including programs for internation­ assist in coordinating oversight plans of subject to approval by a majority of the Ma­ al cooperation in the field of historic preser­ their respective Committees. jority Members of the Committee. The Mi­ vation. Rule 18. Party Ratios.-The Chair shall nority shall select a counterpart to the Sub­ (e) Except for public lands in Alaska, negotiate with the Minority with respect to committee Chair for each of the Subcom­ public lands, generally, including measures the size of each Subcommittee, with due mittees. The Chair of select and special Sub­ or matters related to entry, easements, with­ regard for the preference of Members for committees shall be appointed by the Chair drawals, and grazing. Subcommittee assignments, except that of the Committee, subject to approval by a (f) Forfeiture of land grants and alien party representation on each Subcommittee majority of the Majority Members of the ownership, including alien ownership of shall be no less favorable to the Majority Committee except that no Subcommittee mineral lands. party than the ratio for the Committee. Chair shall be Chair of another legislative (g) Forest reserves, including management The Chair, if approved by a majority of Subcommittee of the House. thereof, created from the public domain, the Members of the Majority party, and the Rule 23. Duties of Chair Upon Favorable except in Ala.ska. Ranking Minority Member, if approved by a Action by Committee.-Whenever the Com- February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2061 mittee authorizes the favorable reporting of extend their remarks and include ex­ S. Con. Res. 12. Concurrent resolution to a bill or resolution from the Committee, the traneous material:) allow another member of the Committee on Chair shall report the same or designate Mr. ALEXANDER, for 5 minutes, today. Rules and Administration of the Senate to some Member of the Committee to report Mr. OWENS of New York, for 5 min­ serve on the Joint Committee of Congress the same to the House and shall use or on the Library in place of the chairman of cause to be used all parliamentary methods utes, today. the committee; Committee on House Admin­ to secure passage thereof, without such ad­ Mr. HOYER, for 5 minutes, today. istration. ditional authority being set forth particular­ Mr. BUSTAMANTE, for 5 minutes, ly in the motion to report each individual today. bill or resolution. Without limiting the gen­ Mr. ANNUNZIO, for 5 minutes, today. ENROLLED JOINT RESOLUTION erality of the foregoing, the authority con­ Mr. KLECZKA, for 5 minutes, today. SIGNED tained herein extends in appropriate cases Mr. MONTGOMERY, for 5 minutes, to moving in accordance with Rule XXIV, Mr. ANNUNZIO, from the Commit­ today. tee on House Administration, reported Clause 5, of the said rules that the House go Mrs. BOGGS, for 5 minutes, today. into the Committee of the Whole House on that that committee had examined the State of the Union to consider the bill Mr. STARK, for 5 minutes, today. and found truly enrolled a joint reso­ or resolution; and to moving in accordance Mr. FAUNTROY, for 60 minutes, lution of the House of the following with Rule XXIV, Clause 2, of said rules for today. title, which were thereupon signed by the disposition of a Senate bill or resolution Mr. COOPER, for 60 minutes, today. the Speaker: that is substantially the same as the House Mr. COLEMAN of Texas, for 5 min­ H.J. Res. 129. Joint resolution disapprov­ bill or resolution as reported. utes, today. ing the increases in executive, legislative, Rule 24. Committee Budget and Ex­ Mr. PANETTA, for 5 minutes, today. and judicial salaries recommended by the penses.-(a) Each Subcommittee Chair and Authorization for the payment of addi­ Ms. SNOWE. Mr. ROWLAND of Connecticut. tional or unforeseen Committee and the JOINT SESSION OF THE HOUSE Subcommittee's expenses may be procured Mr. SOLOMON. by one or more additional expense resolu­ we would all like to spend more than I The Senator from Maine [Mr. The PRESIDENT. Mr. Speaker, Mr. propose, I understand that, but we MITCHELL]; President, distinguished Members of cannot until we get our fiscal house in The Senator from West Virginia the House and Senate, honored guests, order [Mr. BYRD]; fell ow citizens: Next year alone, thanks to economic The Senator from California [Mr. Less than 3 weeks ago, I joined you growth, without any change in the CRANSTON]; on the west front of this very building law, the Federal Government will take The Senator from Arkansas [Mr. and, looking over the monuments to in over $80 billion more than it does PRYOR]; our proud past, offered you my hand this year. That is right-over $80 bil­ The Senator from Illinois [Mr. in filling the next page of American lion in new revenues, with no increase DIXON]; history with a story of extended pros­ in taxes. Our job is to allocate those The Senator from Louisiana [Mr. perity and continued peace. Tonight, I new resources wisely. BREAUX]; am back, to offer you my plans as well. We can afford to increase spending The Senator from South Dakota The hand remains extended, the by a modest amount, but enough to [Mr. DASCHLE]; sleeves are rolled up, America is wait­ invest in key priorities and still cut the The Senator from Georgia [Mr. ing, and now we must produce. deficit by almost 40 percent in 1 year. FOWLER]; Together, we can build a better That will allow us to meet the tar­ The Senator from Kansas [Mr. America. gets set forth in the Gramm-Rudman­ DOLE]; It is comforting to return to this his­ Hollings law. The Senator from Wyoming [Mr. toric Chamber. Here, 22 years ago, I But to do that, we must recognize SIMPSON]; first raised my hand to be sworn into that growth above inflation in Federal The Senator from Rhode Island public life. So tonight, I feel as if I am programs is not preordained, that not [Mr. CHAFEE]; returning home to friends. And I all spending initiatives were designed The Senator from [Mr. intend, in the months and years to to be immortal. ARMSTRONG]; come, to give you what friends de­ I make this pledge tonight: My team The Senator from Mississippi [Mr. serve: Frankness, respect, and my best and I are ready to work with the Con­ COCHRAN]; judgment about ways to improve gress, to form a special leadership The Senator from Oklahoma [Mr. America's future. group, to negotiate in good faith, to NICKLES]; and In return, I ask for an honest com­ work day and night, if that is what it The Senator from South Carolina mitment to our common mission of takes, to meet the budget targets, and [Mr. THURMOND]. progress. If we seize the opportunities on the road before us, there will be to produce a budget on time. The Doorkeeper announced the Am­ praise enough for all. We cannot settle for business as bassadors, Ministers and charges d'af­ usual. faires of foreign governments. The people did not send us here to bicker. It is time to govern. Government by continuing resolu­ The Ambassadors, Ministers, and Many Presidents have come to this tion, or Government by crisis, will not charges d'affaires of foreign govern­ Chamber in times of great crisis, war, do. ments entered the Hall of the House depression, loss of national spirit. I ask the Congress tonight to ap­ of Representatives and took the seats Eight years ago, I sat in that very prove several measures which will reserved for them. chair as President Reagan spoke of make budgeting more sensible. We The Doorkeeper announced the Su­ punishing inflation and devastatingly could save time and improve efficiency preme Court. high interest rates, people out of work, by enacting 2-year budgets. The Associated Justices of the Su­ American confidence on the wane. Forty-three Governors have the line­ preme Court entered the Hall of the Our challenge is different. item veto. Presidents should have it, House of Representatives and took the We are fortunate. A much changed too. seats reserved for them in front of the landscape lies before us tonight. At the very least, when a President Speaker's rostrum. So I do not propose to reverse direc­ proposes to rescind Federal spending, The Doorkeeper announced the Cab­ tion. We are headed the right way. the Congress should be required to inet of the President of the United But we cannot rest. We are a people vote on that proposal instead of killing States. whose energy and drive have fueled it by inaction. The members of the Cabinet of the our rise to greatness. We are a for­ And I ask the Congress to honor the President of the United States entered ward-looking nation; generous, yes, public's wishes by passing a constitu­ the Hall of the House of Representa­ but ambitious as well, not for our­ tional amendment to require a bal­ tives and took the seats reserved for selves, but for the world. anced budget. Such an amendment, them in front of the Speaker's ros­ Complacency is not in our character, once phased in, will discipline both the trum. not before, not now, not ever. Congress and the executive branch. February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2063 Several principles describe the kind I request funding for NASA and a feet. Bright, gifted, personable, he of America I hope to build with your strong space program, an increase of could have done anything with his life. help in the years ahead. almost $2.4 billion over the current [NowJ he has chosen cocaine." We will not have the luxury of fiscal year. We must have a manned­ "Please," she wrote, "find a way to taking the easy, spendthrift approach space station; a vigorous, safe space curb the supply of cocaine. Get tough to solving problems, because higher shuttle program; and more commercial with the pushers. [Our son] needs spending and higher taxes put eco­ development in space. The space pro­ your help." nomic growth at risk. gram should always go "full throttle My friends, that voice crying out for Economic growth provides jobs and up." That is not just our ambition; it is help could be the voice of your own hope. Economic growth enables us to our destiny; neighbor, your own friend, your own pay for social programs. Economic I propose that we cut the maximum son. Over 23 million Americans used il­ growth enhances the security of the tax rate on capital gains to increase Nation. And low tax rates create eco­ long-term investment. History is clear. legal drugs last year-at a staggering nomic growth. This will increase revenues, help sav­ cost to our Nation's well-being. I believe in giving Americans greater ings, and create new jobs. Let this be recorded as the time freedom and greater choice. I will We will not be competitive if we when America rose up and said "no" work for choice for American families, leave whole sectors of America behind. to drugs. The scourge of drugs must be whether in the housing in which they This is the year we should finally stopped. live, the schools to which they send enact urban enterprise zones and bring I am asking tonight for an increase their children, or the child care they hope to the inner cities. of almost $1 billion in budget outlays select for their young. But the most important competitive­ to escalate the war against drugs. The I believe that we have an obligation ness program of all is one which im­ war must be waged on all fronts. to those ih need, but that Government proves education in America. Our new "drug czar" Bill Bennett should not be the provider of first When some of our students actually and I will be shoulder to shoulder in resort for things that the private have trouble locating America on a the executive branch leading the sector can produce better. map of the world, it is time for us to charge. I believe in a society that is free map a new approach to education. Some money will be used to expand from discrimination and bigotry of any We must reward excellence and cut treatment to the poor and to young kind. I will work to knock down the through bureaucracy. We must help mothers. This will offer the helping barriers left by past discrimination those schools that need help most. We hand to the many innocent victims of and to build a more tolerant society must give choice to parents, students, drugs, like the thousands of babies that will stop such barriers from ever teachers, and principals. And we must born addicted, or with AIDS, because being built again. hold all concerned accountable. In of the mother's addiction. I believe that family and faith repre­ education, we cannot tolerate medioc­ Some will be used to cut the waiting sent the moral compass of the Nation, rity. time for treatment. and I will work to make them strong, I want to cut the dropout rate and Some money will be devoted to those for as Benjamin Franklin said: "If a make America a more literate nation. urban schools where the emergency is sparrow cannot fall to the ground Because what it really comes down to now the worst. And much of it will be without His notice, [can] a [great is this: the longer our graduation lines used to protect our borders, with help nation] rise without His aid?" are today, the shorter our unemploy­ from the Coast Guard, the Customs And I believe in giving people the ment lines will be tomorrow. Service, the Departments of State and power to make their own lives better So, tonight I am proposing the fol­ Justice and, yes, the U.S. Military. through growth and opportunity. To­ lowing initiatives: I mean to get tough on the drug gether, let us put power in the hands The beginning of a $500 million pro­ criminals. Let me be clear: This Presi­ of people. gram to reward America's best dent will back up those who put their Three weeks ago, we celebrated the schools-"merit schools"; lives on the line every single day-our bicentennial inaugural, the 200th an­ The creation of special Presidential local police officers. niversary of the first Presidency. awards for the best teachers in every My budget asks for beefed-up pros­ And if you look back, one thing is so State, because excellence should be re­ striking about the way the Founding warded; ecution, for a new attack on organized Fathers looked at America. They did The establishment of a new program crime, and for enforcement of tough not talk about themselves. They of national science scholars, one each sentence; and for the worst kingpins talked about posterity. They talked year for every Member of the House that means the death penalty. about the future. and Senate, to give this generation of I also want to make sure that when We too, must think in terms bigger students a special incentive to excel in a drug dealer is convicted, there is a than ourselves. science and mathematics; cell waiting for him. He should not go We must take actions today that will The expanded use of magnet schools free becasue prisons are too full. ensure a better tomorrow. We must which give families and students Let the word go out: If you are extend American leadership in tech­ greater choice; caught and convicted, you will do time. nology, increase long-term investment, And a new program to encourage But for all we do in law enforce­ improve our educational system, and "alternative certification" which will ment, in interdiction and treatment, boost productivity. These are the keys let talented people from all fields we will never win this war on drugs to building a better future. teach in our classroom. unless we stop demand for drugs. Here are some of my recommenda­ I have said I would like to be "the So some of this increase will be used tions: Education President." Tonight, I ask to educate the young about the dan­ I propose almost $2.2 billion for the you to join me by becoming "the Edu­ gers of drugs. We must involve the National Science Foundation to pro­ cation Congress." parents. We must involve the teachers. mote basic research and keep us on Just last week, as I settled into this We must involve the communities. track to double its budget by 1993; new office, I received a letter from a And, my friends, we must involve our­ I propose to make permanent the mother in Pennsylvania, who had been selves, each and every one of us in this tax credit for research and develop­ struck by my message in the inaugural Chamber. ment; address. "Not 12 hours before," she One problem related to drug use de­ I have asked Vice President QUAYLE wrote, "my husband and I received mands our urgent attention and our to chair a new task force on competi­ word that [our] son was addicted to continuing compassion. That is the tiveness; cocaine. [HeJ had the world at his terrible tragedy of AIDS. 2064 CONGRESSIONAL RECORD-HOUSE February 9, 1989 I am asking for $1.6 billion for edu­ Our help should be aimed at those nance the system must be accompa­ cation to prevent the disease and for who need it most-low-income families nied by major reform. Our proposals research to find a cure. with young children. I support a new will prevent such a crisis from recur­ If we are to protect our future, we child-care tax credit that will aim our ring. The best answer is to make sure need a new attitude about the environ­ efforts at exactly those families, with­ that a mess like this will never happen ment. out discriminating against mothers again. We must protect the air we breathe. who choose to stay at home. The majority of thrifts in communi­ I will send to you shortly legislation Now, I know there are competing ties across this Nation have been for a new, more effective Clean Air proposals. But remember this: The honest; they have played a major role Act. It will include a plan to reduce, by overwhelming majority of all pre­ in helping families achieve the Ameri­ date certain, the emissions which school child care is now provided by can dream of home ownership. But cause acid rain, because the time for relatives and neighbors, churches, and make no mistake: Those who are cor­ study alone has passed, and the time community groups. Families who rupt, those who break the law, must for action is now. choose these options should remain el­ be kicked out of the business; and they We must make use -0f clean coal. My igible for help. Parents should have should go to jail. budget contains full funding, on choice. We face a massive task in cleaning schedule, for the clean coal technology And for those children who are un­ up the waste left from decades of envi­ agreement that we made with Canada. wanted or abused, or whose parents ronmental neglect at America's nucle­ We have made that agreement with are deceased, we should encourage ar weapons plants. Canada, and we intend to honor that adoption. I propose to reenact the tax Clearly, we must modernize these agreement. deduction for adoption expenses and plants and operate them safely. That We must not neglect our parks. So I to double it to $3,000. Let us make it is not at issue. Our national security am asking to fund new acquisitions easier for these kids to have parents depends on it. under the land and water conservation who love them. But beyond that, we must clean up fund. We have a moral contract with our We must protect our oceans. I sup­ senior citizens. In this budget, Social the old mess that has been left behind. port new penalties against those who Security is fully funded, including a And I propose in this budget to more would dump medical waste and other Federal cost-of-living adjustment. We than double our current effort to do trash into our oceans. The age of the must honor our contract. so. This will allow us to identify the needle on the beach must end. We must care about those in "the exact nature of the various problems In some cases, the gulfs and oceans shadows of life," and I, like many so we can clean them up. And clean off our shores hold the promise of oil Americans, am deeply troubled by the them up we will. and gas reserves which can make our plight of the homeless. The causes of We have been fortunate during Nation more secure and less depend­ homelessness are many, the history is these past 8 years. America is a strong­ ent on foreign oil. When those with long, but the moral imperative to act er nation today than it was in 1980. the most promise can be tapped safely, is clear. Morale in our Armed Forces has as with much of the Alaska National Thanks to the deep well of generosi­ been restored. Our resolve has been Wildlife Refuge, we should proceed. ty in this great land, many organiza­ shown. Our readiness has been im­ But we must use caution and we must tions already contribute. But we in proved. And we are at peace. respect the environment. Government cannot stand on the side­ There can no longer be any doubt So tonight I am calling for the in­ lines. In my budget, I ask for greater that peace has been made more secure definite postponement of three lease support for emergency food and shel­ through strength. When America is sales which have raised troubling ter, for health services and measures stronger, the world is safer. questions: Two off the Coast of Cali­ to prevent substance abuse, and for Most people do not realize that after fornia and one which could threaten clinics for the mentally ill, and I pro­ the successful restoration of our the Everglades in Florida. pose a new initiative involving the full strength the Pentagon budget has ac­ Action on these three lease sales will range of Government agencies. We tually been reduced in real terms for await the conclusions of a special task must confront this national shame. each of the last 4 years. We cannot force set up to measure the potential There is another issue I have decid­ tolerate continued real reductions in for environmental damage. ed to mention here tonight. I have defense. I am directing the Attorney General long believed that the people of In light of the compelling need to and the Administrator of the Environ­ Puerto Rico should have the right to reduce the deficit, however, I support mental Protection Agency to use every determine their own political future. a 1-year freeze in the military budget, tool at their disposal to speed and Personally, I strongly favor statehood. something I proposed last fall in my toughen the enforcement of our laws But I urge the Congress to take the flexible freeze plan. against toxic waste dumpers. I want necessary steps to allow the people to This freeze will apply for only 1 faster cleanups and tougher enforce­ decide in a referedum. year. After that increases above infla­ ment of penalties against polluters. Certain problems, the result of dec­ tion will be required. I will not sacri­ In addition to caring- for our future, ades of unwise practices, threaten the fice American preparedness; and I will we must care for those around us. A health and security of our people. Left not compromise American strength. decent society shows compassion for unattended, they will only get worse, I should be clear on the conditions the young, the elderly, the vulnerable, but we can act now to put them attached to my recommendation for and the poor. behind us. the coming year: Our first obligation is to the most Earlier this week, I announced my The savings must be allocated to vulnerable-infants, poor mothers, support for a plan to restore the finan­ those priorities for investing in our children living in poverty-and my cial and moral integrity of our savings future that I have spoken about to­ proposed budget recognizes this. I ask system. I ask Congress to enact our night; for full funding of Medicaid, an in­ reform proposals within 45 days. We The defense freeze must be a part of crease of over $3 billion, and an expan­ must not let this situation fester. We a comprehensive budget agreement sion of the program to include cover­ owe it to the savers in this country to which meets the targets spelled out in age of pregnant women who are near solve this problem. the Gramm-Rudman-Hollings law the poverty line. Certainly, the savings of Americans without raising taxes and which incor­ I believe we should help working must remain secure. Let me be clear, porates reforms in the budget process. families cope with the burden of child insured depositors will continue to be I have directed the National Securi­ care. fully protected. But any plan to refi- ty Council to review our national secu- February 9, 1989 CONGRESSIONAL RECORD-HOUSE 2065 rity and defense policies and report We must stand firm for self-determi­ dom and the guarantors of liberty. back to me within 90 days to ensure nation and democracy in Central And I want you to know that this that our capabilities and resources America, including Nicaragua. Nation is grateful for your service. meet our commitments and strategies. It is my strongly held conviction To the farmers of America, we ap­ I am also charging the Department that when people are given the preciate the bounty you provide. We of Defense with the task of developing chance, they inevitably will choose a will work with you to open foreign a plan to improve the defense procure­ free press, freedom of worship, and markets to American agricultural ment process and management of the certifiably free and fair elections. products. Pentagon, one which will fully imple­ We must strengthen the alliance of To the parents of America, I ask you ment the Packard Commission report. industrial democracies, as solid a force to get involved in your child's school­ Many of these changes can only be for peace as the world has ever known. ing. Check on their homework. Go to made with the participation of the This is an alliance forged by the power the school, meet the teachers, care Congress. So I ask for your help. of our ideals, not the pettiness of our about what is happening there. It is We need fewer regulations. We need differences. So let us lift our sights to not only your child's future on the less bureaucracy. We need multiyear rise above fighting about beef hor­ line, it is America's. procurement and 2-year budgeting. mones to building a better future, to To kids in our cities, do not give up And, frankly-and don't take this move from protectionism to progress. hope. Say "no" to drugs. Stay in wrong-we need less congressional mi­ I have asked the Secretary of State school. And, yes, "keep hope alive." cromanagement of our Nation's mili­ to visit Europe next week and to con­ To those 37 million Americans with tary policy. I detect a slight division sult with our allies on the wide range some form of disability, you belong in on that question, but nevertheless, se­ of challenges and opportunities we curing a more peaceful world is per­ face together, including East-West re­ the economic mainstream. We need haps the most important priority I lations. And I look forward to meeting your talents in America's work force. would like to address tonight. with our NATO partners in the near Disabled Americans must become full We meet at a time of extraordinary future. partners in America's opportunity so­ hope. Never before in this century I, too, shall begin a trip shortly to ciety. have our values of freedom, democra­ the far reaches of the Pacific basin, To the families of America watching cy, and economic opportunity been where the winds of democracy are cre­ tonight in your living rooms: Hold fast such a powerful political and intellec­ ating new hope, and the power of free to your dreams, because ultimately tual force around the globe. markets is unleashing a new force. America's future rests in your hands. Never before has our leadership When I served as our representative And to my friends in this Chamber, I been so crucial, because while America in China 14 or 15 years ago, few would ask your cooperation to keep America has its eyes on the future, the world have predicted the scope of the growing while cutting the deficit. That has its eyes on America. changes we have witnessed since then. is only fair to those who now have no It is a time of great change in the But in preparing for this trip, I was vote-the generations to come. world, and especially in the Soviet struck by something I came across Let them look back and say that we Union. Prudence and common sense from a Chinese writer, who was speak­ had the foresight to understand that a dictate that we try to understand the ing of his country, decades ago, but his time of peace and prosperity is not a full meaning of the change going on words speak to each of us in America time to rest, but a time to press for­ there, review our policies, and then tonight. ward, a time to invest in the future. proceed with caution. But I have per­ "Today," he said, "We are afraid of And let all Americans remember sonally assured General Secretary the simple words like goodness and that no problem of human making is Gorbachev that, at the conclusion of mercy and kindness." too great to be overcome by human in­ such a review, we will be ready to My friends, if we are to succeed as a genuity, human energy, and the untir­ move forward. We will not miss any nation, we must rediscover those ing hope of the human spirit. I believe opportunity to work for peace. words. this. I would not have asked to be your The fundamental fact remains that In just 3 days, we mark the birthday President if I did not. the Soviets retain a very powerful of Abraham Lincoln, the man who Tomorrow, the debate on the plan I military machine, in the service of ob­ saved our Union, and gave new mean­ have put forward begins. I ask the jectives which are still too often in ing to the word opportunity. Lincoln Congress to come forward with your conflict with ours. So let us take the once said: own proposals. But let us not question new openness seriously. But let us also I hold that while man exists, it is his duty each other's motives. Let us debate. be realistic. And let us always be to improve not only his own condition, but Let us negotiate. But let us solve the strong. to assist in ameliorating [that of] mankind. problem. There are some pressing issues we It is this broader mission to which I Recalling anniversaries may not be must address. call all Americans, because the defini­ my specialty in speeches, but tonight I will vigorously pursue the strategic tion of a successful life must include is one of some note. On February 9, defense initiative. serving others. 1941, just 48 years ago tonight, Sir The spread, and even use of sophisti­ To the young people of America, Winston took to the air­ cated weaponry, threatens global secu­ who sometimes feel left out, I ask you waves during Britain's hour of peril. rity as never before. tonight to give us the benefit of your He had received from President Roo­ Chemical weapons must be banned talent and energy through a new pro­ sevelt a hand-carried letter quoting from the face of the Earth, never to be gram called YES, for Youth Entering Longfellow's famous poem: used again. This will not be easy. Veri­ Service to America. Sail on, 0 Ship of State! fication will be extraordinarily diffi­ To those men and women in busi­ Sail on, 0 Union, strong and great! cult. But civilization and human de­ ness, remember the ultimate end of Humanity with all its fears, cency demand that we try. your work: to make a better product, With all the hopes of future years, And the spread of nuclear weapons to create better lives. I ask you to plan Is hanging breathless on thy fate! must be stopped. I will work to for the longer term and avoid the Churchill responded on this night by strengthen the hand of the Interna­ temptation of quick and easy paper radio broadcast to a nation at war, but tional Atomic Energy Agency. Our di­ profits. he directed his words to Franklin Roo­ plomacy must work every day against To the brave men and women who sevelt. "We shall not fail or falter," he the proliferation of nuclear weapons. wear the uniform of the United States said. "We shall not weaken or tire. And, around the globe, we must con­ of America, thank you. Your calling is Give us the tools, and we will finish tinue to be freedom's best friend. a high one: to be the defenders of free- the job." 2066 CONGRESSIONAL RECORD-HOUSE February 9, 1989 Tonight, almost a half century later, I hereby transmit a supplement to pursuant to 22 U.S.C. 2346 note; to the our peril may be less immediate, but the Message I am delivering to the Committee on Foreign Affairs. the need for perserverance and clear­ Joint Session of the Congress tonight. 577. A letter from the Director of Legisla­ It is titled "Building a Better Amer­ tive Affairs, Agency for International Devel­ sighted fortitude is just as great. opment, transmitting the report of econom­ Now, as then, there are those who ica," and it contains further descrip­ ic conditions prevailing in Israel which may say it cannot be done. There are voices tion of the plans and proposals men­ affect its ability to meet international debt who say that America's best days have tioned in the Message. I urge the Con­ obligations and stabilize its economy, pursu­ passed. That we are bound by con­ gress to give favorable consideration to ant to 22 U.S.C. 2346 note; to the Commit­ straints, threatened by problems, sur­ these proposals and renew my invita­ tee on Foreign Affairs. rounded by troubles which limit our tion to the congressional leadership to 578. A letter from the Director, Defense ability to hope. work together to assure that America Security Assistance Agency, transmitting a Well, tonight I remain full of hope. is united, strong, at peace, and fiscally report of those foreign military sales cus­ We Americans have only begun on our sound. tomers with approved cash flow financing in excess of $100 million as of October 1, 1988, mission of goodness and greatness. GEORGE BUSH. pursuant to 22 U.S.C. 2765; to the Commit­ And to those timid souls, I repeat the THE WHITE HOUSE, February 9, 1989. tee on Foreign Affairs. plea: Give us the tools; and we will do 579. A letter from the Comptroller Gener­ the job. al, transmitting a copy of his report for ADJOURNMENT TO TUESDAY, fiscal year 1988 on each instance a Federal Thank you, God bless you, and God FEBRUARY 21, 1989 bless America. agency did not fully implement recommen­ At 9 o'clock and 56 minutes p.m., the Mr. COELHO. Mr. Speaker, I move dations made by the GAO in connection President of the United States, accom­ that the House do now adjourn. with a bid protest decided during the fiscal panied by the committee of escort, re­ The motion was agreed to. year, pursuant to 31 U.S.C. 3554(e)(2); to The SPEAKER pro tempore. Pursu­ the Committee on Government Operations. tired from the Hall of the House of 580. A letter from the Chairman, Advisory Representatives. ant to the provisions of Senate Con­ Commission on Intergovernmental Rela­ The Doorkeeper escorted the invited current Resolution 14, lOlst Congress, tions, transmitting the Commission's 30th guests from the Chamber in the fol­ the House stands adjourned until 12 annual report of the Advisory Commission lowing order: noon, Tuesday, February 21, 1989. on Intergovernmental Relations, pursuant The members of the President's Cab­ Thereupon ; to the Committee on Inte­ tract with the United Kingdom Ministry of rior and Insular Affairs. Defence for acquisition of a developmental 586. A letter from the Acting Assistant forward looking infrared radar and support Secretary of State for Legislative Affairs, BUILDING A BETTER AMERICA­ transmitting a report regarding the econom­ MESSAGE FROM THE PRESI­ of three such units during trials, pursuant to 10 U.S.C. 2313(c); to the Committee on ic policy and trade practices of each country DENT OF THE UNITED STATES Armed Services. with which the United States has an eco­ ; to the Committee on ERMAN, Mr. ATKINS, Mr. BATES, Mr. and Means. Interior and Insular Affairs. FAUNTROY, Mr. GARCIA, Mr. LEWIS of By Ms. SNOWE (for herself, Mr. GUN­ By Mrs. BOXER (for herself, Mr. BEN­ Georgia, Mr. LIPINSKI, Mr. RoE, Mr. DERSON, Mr. DOWNEY, Mr. DYMALLY, NETT, Mr. DEFAZIO, Mr. EVANS, Mr. TORRES, and Mr. DE LUGO): Mr. RINALDO, Mr. MACHTLEY, and Mr. FAUNTROY, Mr. STARK, Mr. LEVINE of H.R. 974. A bill to amend the Internal MILLER of Ohio): California, Mr. JoNTZ, Mr. BROWN of Revenue Code of 1986 and title XVIII of the H.R. 957. A bill to amend the Library California, and Mr. DWYER of New Social Security Act with respect to the fi­ Services and Construction Act to authorize Jersey): nancing of benefit improvements under the the Secretary of Education to establish a H.R. 965. A bill to establish an Independ­ Medicare Catastrophic Coverage Act of program to make grants to local public li­ ent Defense Procurement Corps to procure 1988; jointly, to the Committees on Energy braries to establish demonstration projects all property and services required by the and Commerce and Ways and Means. using older adult volunteers to provide in­ Department of Defense and to establish an By Mr. DINGELL: tergenerational library literacy programs to Office of Inspector General to oversee such H.R. 975. A bill to amend the Federal se­ children during afterschool hours, and for corps; to the Committee on Armed Services. curities laws in order to provide additional other purposes; to the Committee on Educa­ . By Mr. BROWN of California