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

Vol. 141 WASHINGTON, TUESDAY, MARCH 28, 1995 No. 57 House of Representatives

The House met at 12:30 p.m. and was President. And I want to commend threatened democracy and undermined called to order by the Speaker pro tem- President Clinton, Secretary of State international security and peace. pore [Mr. LONGLEY]. Warren Christopher, Secretary of De- As a member of the U.N. Security f fense William Perry, and Assistant Council, New Zealand has actively sup- Secretary Winston Lord for bringing ported the United States in multilat- DESIGNATION OF SPEAKER PRO about this normalization of our rela- eral collective security efforts. This TEMPORE tions with the leaders and good people has included joint operations with The SPEAKER pro tempore laid be- of New Zealand. I also want to welcome America in U.N. peacekeeping missions fore the House the following commu- our Nation’s Ambassador to New Zea- to Cambodia, Somalia, Rwanda, and nication from the Speaker: land, the Honorable Josiah Beeman, Haiti, as well as contributions to U.N. WASHINGTON, DC, who is also in Washington. peacekeeping efforts in Bosnia, Angola, March 28, 1995. As some of our colleagues may know, and Mozambique. I hereby designate the Honorable JAMES B. in 1987, the United States Government In the Asia-Pacific, both New Zea- LONGLEY, Jr. to act as Speaker pro tempore restricted political, military, and secu- land and the United States support the on this day. rity contacts with the nation of New Asean Regional Forum, which provides NEWT GINGRICH, Zealand in response to her adoption of the best promise for engaging the Speaker of the House of Representatives. antinuclear legislation that was per- major Pacific powers in a new multi- f ceived to be inconsistent with United States military interests in the South lateral security architecture for the re- MORNING BUSINESS Pacific. gion. In furtherance of nonproliferation The SPEAKER pro tempore (Mr. Although I can understand why our controls, New Zealand early on sup- LONGLEY). Pursuant to the order of the defense ties and Anzus obligations to ported United States negotiations re- House of January 4, 1995, the Chair will New Zealand were terminated, I have solving the North Korean nuclear cri- now recognize Members from lists sub- never supported an across-the-board sis, and has strongly worked with the mitted by the majority and minority snubbing that our country forced New United States for indefinite extension leaders for morning hour debates. The Zealand to endure for years. While we of the Nuclear Nonproliferation Trea- Chair will alternate recognition be- restricted high-level contacts with New ty. tween the parties, with each party lim- Zealand, I find it ironic that our Gov- Moreover, New Zealand has played an ited to not to exceed 30 minutes, and ernment had no problem in meeting active and positive role in supporting each Member except the majority and with leaders from totalitarian states United States efforts in international minority leader limited to not to ex- and Communist regimes. economic fora, such as the Uruguay ceed 5 minutes. New Zealand is a longstanding and round of GATT, APEC, the Pacific Eco- The Chair recognizes the gentleman respected democracy that shares our nomic Cooperation Council, and the from American Samoa [Mr. FALEO- values, and has historically been a Pacific Basin Economic Committee. MAVAEGA] for 5 minutes. close friend of the United States for Given the nature of this long and ex- f most of this century. The people of traordinarily deep relationship be- New Zealand and America are much tween our democracies, I strongly ap- IN WELCOME OF THE PRIME MIN- alike and have much in common—in- plauded the Clinton administration’s ISTER OF NEW ZEALAND, THE cluding a shared language, a common policy change last year to resume sen- HONORABLE JIM BOLGER heritage of multiculturalism, and a ior-level diplomatic contacts with New Mr. FALEOMAVAEGA. Mr. Speaker, firm commitment to the principles of Zealand for discussion of political, I rise today on behalf of my colleagues free market economies. strategic, and broad security matters. in the Congress to extend a warm and Our two nations, as allies, have The removal of New Zealand’s diplo- heartfelt welcome to the Honorable fought at each others’ side against ag- matic handcuffs has been long overdue. Jim Bolger, the Prime Minister of New gression in virtually every major con- Although several Members in both Zealand and members of his delegation. flict in recent times. From World War Houses of Congress lobbied the admin- This is indeed an historic occasion, as I and World War II, to the Korean, istration for years to lift the unfair re- it has been over a decade since New Vietnam, and the Persian Gulf wars, strictions, certainly Prime Minister Zealand’s Prime Minister has been in- New Zealand has joined with America Bolger deserves a good part of the cred- vited to Washington to meet with our to combat those forces that have it. During the Seattle APEC summit,

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 3809 H 3810 CONGRESSIONAL RECORD — HOUSE March 28, 1995 his brief meeting with President Clin- the House, to the land, greetings to you mum exposure, we as the Americans, ton resulted in a promise to review the both. People of the four winds, people and our forces down there. relationship between our nations. No gathered here, greetings to all of you. I think that the media is breaking doubt their personal exchange expe- f down the misrepresentations that are dited the review process, resulting in coming out of the administration on removal of constraints between our UNITED STATES OCCUPATION OF why we are in Haiti and what we are governments and resumption of high HAITI about there. What is important for level dialog. The SPEAKER pro tempore. Under Haiti is that we do establish democracy The Honorable Jim Bolger has been the Speaker’s announced policy of Jan- and we try to help it in an intelligent Prime Minister of New Zealand since uary 4, 1995, the gentleman from Flor- way. 1990. Although the breakthrough in bi- ida [Mr. GOSS] is recognized during The implications for our upcoming lateral relations with the United morning business for 5 minutes. elections, given this wave of violence States has been a significant accom- Mr. GOSS. Mr. Speaker, today is day and the breakdown that is going on plishment during his tenure, certainly 191 of the United States occupation of there, are not good. Candidates have Prime Minister Bolger must also be Haiti. The United States occupation of been killed. commended for the dramatic and dy- Haiti is scheduled to end in 3 days. The We have got elections for parliament namic revitalization of New Zealand’s invasion will be over. in June. We need a parliament in Haiti. economy. Under Prime Minister Bol- What will we be leaving behind in We do not have one; and, in fact, we ger’s leadership, New Zealand has un- Haiti besides one billion United States have a de facto dictatorship. We have dergone comprehensive economic re- taxpayers’ dollars? Are we leaving a no justice system and no parliament, forms, changing from one of the most stable and secure government? I think so we have a de facto dictatorship. insulated and restrictive economies in not. Unfortunately, the evidence is in, And where people are being discour- the OECD to one of the most open and and we are leaving a mess. We are leav- aged, they are not only being discour- competitive. ing 2,500 of our troops there to do some aged, they are being assassinated if Today, New Zealand stands as a peacekeeping with some other troops they run for office. That is pretty model for the rest of the world as to from some other countries in a situa- strong discouragement. the benefits of free market reforms. tion that is far from optimistic. The implications for business, we The country’s annual GDP exceeds 6 There is a requirement that Congress have had 20,000 of our combat troops percent, inflation has been curbed at 2 has put on the White House for regular down there. If we cannot get prosper- percent, unemployment is rapidly de- reporting about what is going on, and I ity, security, and create an investment clining along with foreign debt, while asked for that report as we neared the climate with that kind of stability, government budget surpluses are in- end of this occupation time. what is going to happen when those creasing. The White House tells us that things troops leave in 3 days? To accomplish this feat, New Zealand are fine in Haiti. Quoting from a letter So, clearly, we are not doing well in has undertaken several initiatives, from President Clinton to the Speaker, the area of encouraging investor, and such as liberalizing trade by slashing dated the 21st of March, it says: ‘‘Over- unfortunately the facts show that very tariffs and removing imports quotas, all, Haiti has remained calm and rel- well also. encouraging financial liberalization by atively incident-free since the deploy- The implications for security are not eliminating controls on prices, interest ment of United States and MF forces. so good, either. President Aristide, rates, and wages, while introducing a The level of political violence has de- quoting him from another newspaper floating exchange rate, broadening the creased substantially since the depar- report, said, ‘‘Mr. Aristide was particu- tax base, by implementing a value- ture of the de facto government,’’ et larly critical of the remaining Haitian added tax, while cutting corporate and cetera, et cetera. police and judicial authorities, whom personal tax rates, reducing govern- I think it is time that the folks in he described as, ‘cowardly and derelict ment budgets by privatizing public en- the White House started reading the in their duties’.’’ terprises and removing subsidies, and newspaper. Things are not quite that When the President of your country substantial deregulation across most way. gets up there and says you cannot sectors of the economy, with a mone- I go back to a New York Times arti- count on your police, that does not tary policy targeting price stability as cle that came out just as recently as contribute to calm. When he goes fur- the major objective. this Sunday, and I say, quoting, ‘‘Only ther than that and says, ‘‘Look, folks, These free market reforms have cul- a week before the responsibility for you better be prepared to take care of minated in the World Competitiveness maintaining security here is to shift yourselves and the workers down in the Report in 1994 ranking New Zealand from the United States to the United slum part of Port-au-Prince, down in first for long-term competitiveness Nations, the Haitian government is Cite Soleil, are encouraged to go out among the advanced economic nations struggling to contain a sudden surge in and take care of themselves, that of the OECD. crime and street violence. Frustration means they are down there sharpening Mr. Speaker, in recognition of this over the crime wave, which has in- their machetes.’’ historic trip to Washington, it is my cluded slaying of political figures as And indeed we do have exactly that distinct privilege and pleasure to con- well as robberies and break-ins, has led report, that the people in Cite Soleil gratulate Prime Minister Bolger and to a series of vigilante attacks against are back, going back to protect their the good people of New Zealand for suspected lawbreakers,’’ et cetera, et homes, are sharpening up their ma- their unwavering commitment to de- cetera. chetes and are preparing for even more mocracy and outstanding economic ac- Reading on from the same New York violence. This is not a stable and se- complishments of its government. Times article last week, that was a cure environment by any stretch of the On this great occasion, Mr. Speaker, week ago, after a series of daring day- imagination. I submit to my distinguished col- light holdups and car thefts, the cap- We do not have a parliament. We are leagues in this Chamber, to join me by ital was hit by spasms of vigilante vio- pulling out American troops. We do not welcoming Prime Minister Bolger and lence. Over 2 days, 21 suspected thieves have a government that has got any members of his delegation to our Na- were beaten, stoned or hacked to death confidence in its police force for stabil- tion’s Capital. As my Polynesian cous- by enraged groups, mainly residents of ity. The justice system is breaking ins, the Maoris of New Zealand would working class neighborhoods. down. say, ‘‘Kia ora.’’ This seems to belie the statement They found that when they went to Tinei mauriora! Tena koutou, tena that calm has returned to Haiti. This one prison out of something like 527 in- koutou, tena koutou katoa. Te whare e seems to belie the statement that we mates only 15 of them had actually tu nei, temarae e takoto nei, tena now have a secure and stable environ- been convicted. So they turned loose korua. Nga hau e wha, nga iwi e tau ment, as the United Nations asserts. I 200 people who are actually people who nei, tena koutou katoa. The breath of guess it is all right for them to assert should have been brought to justice but life! Greetings, greetings, greetings! To it since we are maintaining the maxi- the system had broken down. And then March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3811 the decent folk in Haiti were enraged Well, the very wealthy, they did fine. humane thing and release these Amer- that they were turning criminals loose There are tax breaks coming their way. ican citizens today. on the streets. That is another system The Pentagon did fine, no cuts, not The trial of these two men was that has broken down. even the $1 cut I asked or the $8 billion wrong, their sentence was unfair, and It is critical in a democracy to have cut I asked. their release is imperative. The wives the three branches of government Corporations didn’t get hurt. They and families of these men, especially working, and in Haiti not any of the did fine. Kathy Daliberti with whom I’ve al- branches of Government are working. Polluters did fine. ready spoken to express my support— Rather than delude ourselves and de- I suggest to my Republican col- are counting on their Government to clare victory, let us look at the real leagues when they go back for the employ whatever means necessary to situation and get a foreign policy that Easter break that they realize that bring them safely home. is comprehensive, works and does build they represent all Americans, not just f democracy in Haiti and stop kidding the wealthy, the polluters, and the cor- ourselves with these false reports from porations. TERM LIMITS the White House. f The SPEAKER pro tempore. Under f the Speaker’s announced policy of Jan- THE CONTRACT IS HURTING CAPTIVITY IN IRAQ OF DAVID uary 4, 1995, the gentlewoman from AMERICANS DALIBERTI Ohio [Ms. KAPTUR] is recognized during The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under morning business for 2 minutes. the Speaker’s announced policy of Jan- the Speaker’s announced policy of Jan- Ms. KAPTUR. Mr. Speaker, I would uary 4, 1995, the gentlewoman from Or- uary 4, 1995, the gentleman from Flor- ask today whether you would like to egon [Ms. FURSE] is recognized during ida [Mr. STEARNS] is recognized during fly with an experienced pilot or an in- morning business for 2 minutes. morning business for 5 minutes. experienced pilot? Or would you like to Ms. FURSE. Mr. Speaker, it is day 83 Mr. STEARNS. Mr. Speaker, I rise go to an experienced dentist or an inex- of the Republican contract. And every today to protest the treatment of perienced dentist? day a Republican has come down on David Daliberti and his fellow Amer- Today, I rise in opposition to all the this floor and told us what part of the ican, William Barloon, by the nation of proposals that will be debated here for contract they passed. But what they Iraq. After accidentally straying across term limits on Members of this body as have not told us is what it did to us. So the Iraqi border, these two men were a direct undermining of our Constitu- I am here to tell you who got hurt in tried in a questionable court and sen- tion. There are many days here when I the contract and who didn’t. Who are tenced to a prison term that lends new know I am the only voice the people in the winners. Who are the losers. meaning to the phrase ‘‘cruel and un- my district have here in the Congress Well, kids got hurt. Changes in the usual punishment.’’ of the United States, and I know that I School Lunch Program made it harder Mr. Daliberti and Mr. Barloon are am better, I am smarter, I am more ex- for them to learn. private United States citizens em- perienced than I was when first elected. Single parents got hurt. Child care ployed by an American company doing I think it is important to say for the was cut. Now working families, maybe business in Kuwait. On their way to record that the problem of politics in just a single mom or a single dad at visit friends with the U.N. peacekeep- Washington isn’t the number of years home, they won’t have somebody to ing force patrolling the border, they that people are elected. It is the look after their kids when they are out were misdirected by the U.N. Iraq-Ku- amount of money that is being put into working. wait observer mission and found them- campaigns, trying to influence people’s And then pregnant women, they got selves in Iraqi territory. As even their views when they get elected here. hurt. At a time when good nutrition is Iraqi court-appointed attorney said at Campaign financing reform is not in essential, we cut the WIC Program. their trial, they were carrying no the contract. It is one of the important Children will suffer, and the taxpayer weapons, no cameras, no maps, no com- missing elements in the contract. It will suffer because they will be paying passes—nothing that could indicate does not matter if you serve here for 6 for those expensive low-birth-weight these men were anything other than years or 60 years. If we do not limit and babies. innocent victims of an unintentional control the money that is controling Seniors got hurt. Housing assistance, mistake. And, according to the Polish this political process, term limits heating assistance, those programs got diplomat who attended the trial on be- won’t matter. cut in the contract. half of the United States, even the For you say in whose interest is it to Students got hurt. If they were hop- judge in the case was sympathetic to have term limits? In whose interest is ing to go to college, they will find their plight. Nevertheless, Iraqi law is to have juvenile representation here, to fewer student loans to help them. Iraqi law and the men were sentenced have constant upheaval where Mem- And the disabled, they got hurt. to 8 years. bers do not even know one another on Fewer will receive assistance, and Mr. Speaker, I don’t want to see the floor? many parents with disabled children these men used as political pawns. If There has been a two-thirds change will have their stipend eliminated. the statement yesterday by the Iraqi in this Chamber just in the last 6 Consumers got hurt. Their ability to Parliament leader is truthful, it is a years. In whose interest is it to have redress wrongs has been reduced. All good sign when he said, and I quote, this place in constant upheaval? poor people got hurt, and most middle- ‘‘we don’t think that we are going to We have had turnover. People have income people got hurt. facilitate the question of the sanctions been thrown out of office. But, for one, The Coast Guard got hurt. That through detaining these two Ameri- I do not want to give up JOHN GLENN in means less safety for boaters and fish- cans.’’ the Senate. Who knows more about the ers, less drug interdiction. And, of As Mr. Daliberti and Mr. Barloon lan- defense of this Nation? Or RALPH REG- course, the environment, that got hurt. guish in an Iraqi prison, I urge the ULA of Ohio on trade or SAM NUNN and Clean air and water safety, that has White House, State Department and JACK MURTHA on defense? been cut. Fish and wildlife programs foreign diplomats working on our be- Or even though I do not agree with cut. half to spare no effort in securing their these gentleman, JOHN CHAFEE in the And veterans, they got hurt. Their release at the earliest possible date. I Senate and BILL ARCHER in this House medical benefits and hosing assistance also recommend that the Clinton ad- on tax and budget policy? Or PAT has been cut. ministration dispatch a high-level dele- LEAHY on agriculture or NICKY RAHALL The taxpayers got hurt. gation to Iraq to negotiate for the re- on mining or ALAN SIMPSON with that And, most of all, America got hurt. lease of these men. And although I am acrid sense of humor that sometimes Well, now I want to tell you about fully aware that we have no diplomatic keeps us in balance here or OLYMPIA who did not get hurt. Who were the relations with Iraq, I call upon the SNOWE in the Senate or LEE HAMILTON winners under the contract? Iraqi authorities to do the right and or DALE BUMPERS or RON DELLUMS or H 3812 CONGRESSIONAL RECORD — HOUSE March 28, 1995

RICHARD LUGAR on foreign policy or think it needs to be there. But many gested is all that dramatic a departure JERRY SOLOMON on veterans? people played on the cynicism that was except that we are sending things back I, for one, do not want to undermine out there and said this was important. to the States where I think, and most the Constitution. I, for one, want a And yet we are seeing cynicism piled of us on this side think, that there is blend of experience and people who up at the door of this body every single much greater wisdom about how to do cannot be bought in this Chamber. day. We are seeing admissions in Time those things than there is here in I do not support term limits. It un- magazine that they are letting special Washington, especially things like dermines the Constitution, and we interests into Members’ offices to write crime fighting, which is primarily ought to stand up for what is right for the legislation and to write amend- local, and welfare which can be best the American people and once and for ments. handled by those back home who know all put a limit on campaign spending. Never seen that before. Absolutely how to do it. f rotten, I think. And that may be why But the money and the resources are kids were on the line. They do not have going back there. Nobody is going to be CONTRACT WITH AMERICA anybody giving big money that could destitute because of what we are doing, The SPEAKER pro tempore. Under get into Members’ offices and write a lot of hand wringing going on about the Speaker’s announced policy of Jan- this legislation. what we have not gotten to. Well, gosh, uary 4, 1995, the gentlewoman from We saw the gift ban turned down. On we have done more in the first 100 days Colorado [Mrs. SCHROEDER] is recog- the very, very first day of this body, than any Congress in 50, 60, 70 years nized during morning business for 5 the gift ban got turned down. Nobody has, maybe in the history of this coun- minutes. wanted to stop the gifts. Well, I did, try. Mrs. SCHROEDER. Mr. Speaker, as and I think that is an important re- But I come to the point of what we we are drawing near to this 100-day clo- form that we needed. are going to discuss today and tomor- sure, I think it is very important to We have seen nothing moving on row as the legislative agenda, and that talk about what we have done and look campaign finance reform that the gen- is term limits. at this. tlewoman from Ohio was talking about Some on the other side of the aisle, I think for children what we have that is so important. And we have seen including a couple of the speakers this done has been absolutely outrageous. It the Committee on Standards of Official morning, have alluded to the idea is like we tied them to the tracks, the Conduct play all sorts of games with somehow we are not going to be able to railroad tracks, and let the contract the rules. They have changed the rules. fulfill this part of the contract. I do roll over them like it was a huge, huge And we see ethics violations that are not know if we are going to get to 290 freight train. allegedly being piled up at the door, votes, but I know if about 50 percent of Why do I say they were tied to the and nothing happening. the Democrats would help us, we would tracks? Well, first of all, we did things So it is very interesting. For every- get there. that were not quite as serious, I sup- one else, you are going to get your We have 85 percent or better of the pose, but the taking away of things or crown jewel. Special interests, you are Republicans who are going to vote for the cutting of the wings of Big Bird getting to write the legislation. The term limits out here, hopefully vote for and some of the only decent program- kids are going to pay the bill. And for final passage. I believe they will on ming on television, cutting of nutrition politicians things aren’t going to whatever version. But in order to suc- programs all across the board, the ab- change. ceed it takes two-thirds of the Con- solute zeroing out of summer jobs for I do not think that is what the Amer- gress. adolescents in the city, strangling the ican people had in mind when they We have only 230 Republicans. And National Service Program which was a started into this whole contract. But I quite a number, 30 or more, out of con- way many young people got their col- certainly hope they look at this and viction really genuinely do not believe lege education. We absolutely almost look at it very carefully. in term limits, are going to vote no. zeroed that out totally, attacking Because I think if we are going to see We need to get a balance on the other math and science programs in the pub- more of this after this 100 days, we are side. Fifty percent is at least what it is lic schools when heaven only knows we in deep trouble in this country as we in the populous out there. Because need that, taking on student loans, one are breaking all sorts of commitments with nearly 80 percent of the American of the main ways that young people we shouldn’t be breaking to the only public supporting term limits, we know today are able to get their college edu- hope we have for the next century and that is evenly divided between Demo- cation. that is our children, that is our young crats and Republicans in the general Yes, all of those things have been put people, and to treat them this way and public, but it has not been in this on the table, and all of those things this rashly in the name of paying back House. have been chopped during this first 100 the folks who paid the campaign win- And maybe that is a reflection of days. And why? Why? To create this ners’ bills in the last election is posi- why this is the first time in history we great crown jewel of the contract, tax tively wrong morally and every other have had a term limits debate out here. cuts, tax cuts for the special interests way. The Democrats have controlled the that sent people here. It is tax cuts for f U.S. House of Representatives for 40 the rich, and the kids pay the bill. consecutive years, and only with a lot And I think there is something ter- TERM LIMITS of pressure in the last Congress did ribly wrong with that math, and so I The SPEAKER pro tempore. Under they even hold hearings in committee, am not happy about this first 100 days. the Speaker’s announced policy of Jan- let alone consider bringing a bill to the But there is another part of this first uary 4, 1995, the gentleman from Flor- floor of the House for debate that 100 days that I think is very troubling. ida [Mr. MCCOLLUM] is recognized dur- would provide a constitutional amend- For everyone else in the contract, this ing morning business for 5 minutes. ment to limit the terms of House and contract went rolling along like mad, Mr. MCCOLLUM. I have heard quite a Senate Members. but when it came to the politicians’ in- bit of discussion our here today about It is time to make this change. It is terests, the contract comes to a all the pain that is going on. I have not time to do it deliberatively. And let’s screeching halt. seen much of it, quite frankly, in the think about why for a minute. Watch it come to a screeching halt first 100 days except the difficulty of First of all, if we look back in his- today on term limits. You are going to spending the hours that it takes for us tory, the Founding Fathers of this find that is the one area of the con- to write those programs into law, at country could not have envisioned tract they are going to decide to amend least get them passed through the when they wrote the Constitution the or play with or whatever. House and sent on to the Senate that kind of full-time Congress we have Now I do not happen to be for term we promised as Republicans in the today or the career orientation that limits. I believe the Constitution and campaign to do. Members have developed. this great Republic have lived over 200 As you know, I am sure my col- If you think about it, Congressmen in years without this and so I do not leagues do, nothing that we have sug- the early days, in fact for the first 100- March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3813 plus years of our country, only served 1 Supreme Court decides in the pending tion. We believe that federalization is or 2 months a year up here in Washing- cases and the Arkansas case before it the best way to collect outstanding ton. And they went back home and did will be the law of the land. If they de- child support, and we will continue our their businesses and did the ordinary cide against the States, then the 12- bipartisan effort to make sure children things they do in the community. And, year limit will be uniform. If they de- receive the support they are owed. very frequently, they only served one cide for the States, there will be some- Mr. Speaker, the choice comes down or two terms. It was a rare exception what of a hodgepodge potentially out to this: We either punish families be- for them to serve longer. there. cause they are poor, or, as was the case Then beginning about the middle of Mr. Speaker, the bottom line is I with my family, we invest in them so this century, moving on until now, think that a difference between the they can get off welfare permanently. Congress became a full-time, year- House and Senate terms, say 6 for the As this bill moves to the Senate, it is around job, partly because the size and House and 12 for the Senate, would essential that harsh and punitive meas- scope of the Federal Government be- make the House an inferior body to the ures in the House welfare bill be re- came exceptionally big. Senate. It would make it weaker. That moved. We can get families off welfare does not make sense to me. b 1300 without punishing women and children. I would urge my colleagues to vote We can produce a welfare bill that is While I would like to reduce it, we for term limits and vote for the 12-year worthy of widespread bipartisan sup- are not going to immediately reduce it. version. port. The truth of the matter is, when that f occurred there became a different f breed of attitude in Congressmen here DISAPPOINTMENT WITH WELFARE in the sense that men and women could BILL PATENT PROBLEMS WITH GATT not do the jobs back home. They basi- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under cally had to give them up. LONGLEY). Under the Speaker’s an- the Speaker’s announced policy of Jan- Today, there are actually laws in the nounced policy of January 4, 1995, the uary 4, 1995, the gentleman from Cali- books that prohibit certain occupa- gentlewoman from California [Ms. fornia [Mr. ROHRABACHER] is recognized tions like attorneys and accountants WOOLSEY] is recognized during morning during morning business for 5 minutes. from practicing their professions, and business for 3 minutes. Mr. ROHRABACHER. Mr. Speaker, most Members of Congress today have Ms. WOOLSEY. Mr. Speaker, as the today I would like to draw public at- no outside earnings outside of those in- only Member of Congress who has been tention to a great miscarriage of jus- vestments that a few may have. a single, working mother on welfare, I tice that will happen to American citi- Mr. Speaker, today we have a career- am very disappointed by the welfare zens starting June 8 unless the Con- oriented Congress, Congressmen who plan that House Republicans approved gress acts now. come here thinking that they have to last week. Most people do not understand the give up a job. And many of them, for I am disappointed because we had a importance of patent rights for the security reasons or otherwise, are look- real opportunity to fix our broken wel- American people, but let me be concise ing to stay here for longer periods of fare system, and instead, House Repub- and just say that as we are entering time. licans approved a plan that guts the this information age and this new era That has been the pattern with com- system and shreds the safety net for 15 of technology unless we guarantee the mittee chairmen, requiring you to be million children. The same safety net protection for the creativity and ge- in service for 12, 15 years to be one, and that enabled my family to get back on nius of the American people and for the sometimes committee chairmen serv- our feet 27 years ago. investment of American investors in ing for 15 or 20 years. That is wrong, As someone who came to Congress to new technology, America will fall be- and it has led to rather poor decision- improve the lives of our children and hind. making. families, defending them from attacks Mr. Speaker, in the past, America Members seeking to make a career by House Republicans is not the way I has always led the way economically out of this place tend to want to please intended to spend my time. because we protected people’s property every interest group to get reelected, Poor women and their children did rights, including their intellectual not to get campaign funds but to please not sign on the dotted line of the con- property rights. In fact, most people do the groups to get votes, to please the tract on America, but they are cer- not know the U.S. Constitution in- groups that are basic to them, what- tainly in line to suffer its disastrous cludes a strong provision about patent ever group that may be, however small consequences. rights. So from the very beginning our it is. The idea being if you do not dis- The bill does nothing, absolutely Founding Fathers, like Thomas Jeffer- please anybody then you are going to nothing, to prepare welfare recipients son and Benjamin Franklin, who were get them to vote for you next time for jobs that pay a livable wage. themselves innovators and technicians, since they are the ones that are the There is no job training. There is no ensured that our country would place a squeaky wheels paying attention. education. And while the Republicans great deal of value on the protection of Consequently, that is why we have so have put some money toward child new inventions and intellectual prop- much trouble balancing the budget and care, following intense pressure from erty rights. getting some common sense in govern- the Democrats, there is still not nearly In fact, for 150 years the tradition has ment around here. enough. been that American citizens would Mr. Speaker, it seems to me only log- And, their bill literally takes food have 17 years of protection in which ical then that the way we can reform out of the mouths of our kids. they would own any new technology and the only way we can truly reform In my district alone, Marin and that they invented. Well, that is what permanently Congress is to change the Sonoma Counties in California, almost has happened for 150 years. Constitution to make things balanced 7,000 school children will be denied a Unfortunately, last year during the again, much like the Founding Fathers school meal. GATT process, during our negotiations had originally thought it should be. I have only one thing to say about with other powerful interests around The best way, the only way to do their plan to wreck child nutrition pro- the world, a provision was snuck into that is to set term limits. I propose a grams: the GATT implementation legislation 12-year limit on the House and Senate. ‘‘States don’t get hungry, children that was not mandated by the GATT My version of the term limit amend- do.’’ treaty itself. Let me repeat that. ment that will be out here as the base And, starving our children is not the Something was put into the legislation bill for a vote tomorrow is one which solution to the welfare mess. for the GATT which is about an inter- says that we serve 12 in the House and I am also disappointed that Chair- national trade agreement that was not 12 in the Senate as a permanent deal. man HENRY HYDE and I were not given required by what we had agreed to with There is no retroactivity. There is no the opportunity to offer our amend- those other trading partners to be in preemption of the States. Whatever the ment to federalize child support collec- the GATT legislation. H 3814 CONGRESSIONAL RECORD — HOUSE March 28, 1995 What that provision was, was some- can then move forward to correct some goes to children below a certain in- thing that reduced the number of years of the problems at the Patent Office. come level by which while they are in of patent protection for American citi- We can do so administratively and college the Federal Government pays zens. Today, we have 17 years of protec- without costing the American people their interest rate. Once they are out tion, as we have had for 150 years. If billions of dollars. of college, then they are responsible for one files a patent, no matter how long Let us protect American intellectual repaying that rate. It is estimated that it takes that person to be issued a pat- property rights and join me on H.R. eliminating that subsidy could cost ent, that means when a patent is fi- 359. students anywhere from 20 to 50 per- nally issued the investors will have 17 f cent more on the cost of their loans. years to recoup. Now, like a lot of people in this coun- The change that was snuck into POTENTIAL CUT IN STUDENT try, I worked my way through school. I GATT says that once someone files for LOANS had to work my way through college, a patent the clock starts ticking, and The SPEAKER pro tempore. Under and I had to work at the same time. If he only has 20 years. No matter how the Speaker’s announced policy of Jan- you saddled me at the time with an 8 long it takes for that patent to be is- uary 4, 1995, the gentleman from West or 9 percent interest rate, I could not sued, after 20 years that person no Virginia [Mr. WISE] is recognized dur- have made it; and a lot of others I longer owns that technology. ing morning business for 5 minutes. think are in my situation as well. So Mr. Speaker, do you know what that Mr. WISE. Mr. Speaker, my message this is penny wise and pound foolish. means? That means that our most in- today goes out to college students, Many of our veterans remember that novative Americans who created new their parents, educators across our the single greatest economic accelera- technologies will see that their patent country and across the State of West tor was following World War II when rights are reduced dramatically, the Virginia. this country put money into the GI people producing new technology. Last month, we had to fight the bat- Bill of Rights and sent millions to col- What was snuck into the GATT lan- tle of school lunches and, incredibly lege. What we saw was an explosion of guage over my strenuous objection and enough, unbelievably, there was actu- technology, of growth, of development, many others was this law that will ally a proposal and it passed on the particularly in our economy, and so mean billions of dollars that would be floor of the House to eliminate the this would be. coming to Americans who invent new school lunch as we know it. And this What the Contract With America technologies now will stay in the cor- involved parents and educators and puts at risk is the Stafford loan pro- porate bank accounts of multinational school children across our country. gram, the work study program, supple- corporations and Japanese corpora- This month, I am warning people in mental education opportunity grants, tions. Billions and billions of dollars advance. You had better be fighting for the Perkins loan program; all on the that used to come to Americans are your student loan, your guaranteed chopping block. now being kept overseas. Our people student loans that keeps you in col- The impact on West Virginia would were betrayed. Their rights were re- lege, the one that the Federal Govern- be severe. Thirty-five thousand stu- duced. ment helps subsidize your education dents alone in our State have these Now, if you ask our Patent Office knowing that that small amount of subsidized loans by which the Federal why that happened, why did they sneak subsidy is going to be repaid time after Government is assisting to pay the in- that in there, why did they keep Con- time and time again in increased earn- terest while they are in college. That gressman like myself in the dark until ings and increased tax revenues. Be- calculates to about $11 million annu- 10 days before GATT was actually put cause, yes, incredibly enough, under ally in interest. Yet that $11 million before this body and wouldn’t tell us the Contract With America this, too, is could jeopardize the college careers what was in there concerning patent at risk. and future careers of many of our West rights? Well, we have got to do some- Last month, the school lunch; this Virginia students. thing to correct the patent system be- month, the school loan. Already, West Virginia colleges are cause they have something called the So we are going to see probably the well aware of the impact if these kinds submarine patent in which some patent school loans cut. Because why would of cuts should pass this Congress. As I holders, some people who have applied the student loans be cut? They would had one college president tell me, ‘‘It is for patents, maneuver through the sys- be cut for a tax cut. They call it a mid- going to make the difference in our tem and actually have a longer period dle income tax cut. college as to whether many of our stu- than the 17 years of protection because And if you earn over $100,000 a year, dents can attend or whether they are they manage to have the patent not is- yes, it is a tax cut for you. If you are not going to be able to attend.’’ sued. below $30,000 a year, you are going to Mr. Speaker, are we really going to The submarine patent problem can be see almost nothing. If you are below cut the future off for many of our stu- corrected administratively and should $13,000 a year, you are going to see dents like this? Middle-income parents, have been. It is like a hangnail on your nothing at all. middle-income students need to be toe. An infected tow with a hangnail So what we are going to see is that aware of what is out there, need to be feels really bad, but the last thing you middle-income people are going to see aware that they have to mobilize and want to do when you have a hangnail is their student loans cut so that the the time is short. to cut your foot off. upper incomes can have their taxes Because when this tax cut package Instead of correcting the hangnail cut. It does not sound like a good deal hits the floor next week, and I presume problem, what our leaders have done is to me. it is going to pass and get muscled use a hangnail as an excuse to cut the So when those students this month through like everything else has been feet off of the American investor. When take their final exams, be careful. muscled through the last 100 days, that happens, we are not going to be They could be more final than you when this tax cut package passes, they moving forward. We are not going to be think. When school lets out this sum- are not going to tell you what the cuts able to compete because we are not mer, let us hope that they are not let- are. But the cuts come right after that, going to be able to outrun the foreign ting out for good. and those cuts are going to involve stu- competition. Mr. Speaker, what will So I am calling on students across dent loans as sure as I am sitting here. happen when this change takes effect is our State and across the country to Nobody would believe that they that American inventors will lose con- mobilize, to say, ‘‘No. Enough is would go after student lunches. They trol of their technology after a few enough. This is a growth. Those loans did. Now they are going after student short years. are growth. They are not simply deficit loans. It is time to mobilize. Time to I am asking my Members and my col- spending.’’ make ourselves heard. It is time to let leagues, my friends here in the house, The changes that have been proposed the word go out: We want the country to join me in sponsoring H.R. 359 which and talked about could cost as much as to grow. will restore to the American people a $20 billion over 5 years. The most im- One of the single greatest accelera- guaranteed 17 years of protection. We portant one is the interest subsidy that tors and one of the single greatest March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3815 growth initiatives for my State of West takes is listening, the ability to listen, of 28 years. It is going to be an inter- Virginia as well as the Nation has been the ability to not talk, to shut up and esting debate, Mr. Speaker. the student loan program. We want to listen to what constituents say. Mr. Speaker, I urge all of my col- more students in higher education, not What is it exactly that they want to leagues to support all of the term lim- less. We want more students about to have represented in the U.S. Congress? its bills that are going to be on this contribute to the economy, not less. What concerns them? What is on their floor. We have got to limit terms here. Mr. Speaker, what most middle-in- minds? What is on their hearts? What come people say they would like more is it that they want to have amplified f than a tax cut that basically goes to for them right here on the floor of this the upper-income people, they want House? CUTS IN ASSISTANCE PROGRAMS deficit reduction, yes, but, more impor- You have to balance that ability to The SPEAKER pro tempore. Under tantly, they want the chance for their represent by listening with leadership. the Speaker’s announced policy of Jan- students, their young people, their What is it that we want in leaders? uary 4, 1995, the gentleman from Mis- children, to improve and to have a What is it that we are looking for? souri [Mr. VOLKMER] is recognized dur- chance and a start in this life. What qualities do we want for leaders ing morning business for 5 minutes. f and what is it that is important for Mr. VOLKMER. Mr. Speaker, last leadership? week was a very sad week for the chil- RESPONSIBILITY ON TERM LIMITS I would say to you there are a num- dren of America, for the needy of The SPEAKER pro tempore. Under ber of things. There are a number of America, for the elderly and the poor the Speaker’s announced policy of Jan- qualities. But certainly it is not a big of America. Because last week the Re- uary 4, 1995, the gentleman from Ohio mystery as to what you put together: publican majority did something that [Mr. HOKE] is recognized during morn- good judgment, common sense, com- is very destructive to the elderly, to ing business for 5 minutes. passion, patriotism, a commitment to the needy, and to children. Mr. HOKE. Mr. Speaker, this time the future, a commitment to where we What did they do that was so radical this week we are going to consider for are going in this country, caring about that will injure these people? Well, the very first time ever term limits in our children. they cut $66 billion out of programs for the House of Representatives. I just But I think that, fundamentally, those people. They stand on this floor wanted to take the opportunity to talk common sense has got to be way out in and they stand over here or at that about that for a couple of minutes this front on this issue. Because without microphone over there and repeatedly morning. Because one of the things common sense, without a basic under- say, no, they are sending more money that we are going to find out this week standing of what makes the world go out for school lunches, for food stamps, is exactly where every single Member round, we will never, we will never be for AFDC. They are sending more out. of this House stands with respect to able to accomplish anything of lasting And yet CBO, their own people, admit term limits. value in this House. they have cut $66 billion, not million, What we found out already is that Let us look back at some of the most billion dollars out of those programs. the country as a whole is certainly in famous Members of the House. Henry What does it mean? Well, to my peo- favor of the, 75, 80 percent. We now Clay. What did he bring to the party? ple back in Missouri, back in the Ninth have term limits enacted in 21 States First of all, he was here seven times. District of Missouri I have had break- across the United States. We have term He served seven terms in the House and fast with some of the children that limits with something like 35 gov- not one time did he run as an incum- have reduced prices or free because ernors. Obviously, the President of the bent. Can you imagine that? they cannot afford to pay. I have had United States is term-limited to two 4- Right now, the statistics are that if lunches with school children the same year terms. you are running as an incumbent in way in my district. I know of elderly The question is going to be before November for the House of Representa- who rely on food stamps, especially in this House, will we have the guts, will tives, chances are 9 out of 10 that you the wintertime in order to eat because we have the courage, will we, frankly, are going to get elected. They are actu- of the high winter rate for heating have the representative responsibility ally greater than that. It is about 93 their homes and the fact that they to go along with what the people of the percent. have to live on $250 or $300 or $350 a United States want? The system is completely rigged month in Social Security checks or You are going to hear all kinds of from franked mail to campaign financ- SSI. crazy arguments in opposition to term ing. All the way from soup to nuts it is Those people know. I talked to them. limits. The one that I like the best, the rigged by us Members that are here They know what is coming down the one that I think is the least credible is right now to make it easier for incum- pike. They know when the Senate the one that says— bents to get reelected. passes that bill that they are in for a This is a tough job that requires a great Mr. Speaker, what you can see is hardship unless our President, and I deal of technical skill, and it takes a long that year after year after year, not- understand from the Chief of Staff of time to get it. It wasn’t true maybe 100 years withstanding the elections in 1992 and the White House that when this bill ago or 150 years ago, but now it is true be- cause government is really very, very com- 1994, if once you get to the general reaches his desk the President would plex, and it is very, very difficult to under- election if you are facing an incum- probably veto it. stand all of it. And so the longer that you bent, the incumbent wins 9 times our I say amen, amen. For shame that are here the better that you get to know it. of 10. the majority party, for shame, would What I would say to that is that, If you look at the statistics on com- do this to the people of this country. frankly, to the extent that that is true mittee chairmen, which is a really At the same time, they are talking and maybe in some aspects it is true, scary one, and I use the word ‘‘chair- about giving more foreign aid, big for- to whatever extent that is true, it men’’ specifically because in the 103d eign aid to other countries to help means the Government is too big. It Congress no women were committee other people. That is a disgrace. That means that Government has gone out chairs in the Democrat 103d Congress, is a disgrace to the people of this coun- of control, and it has become too com- the average tenure of each of the try. plex. Chairs was 28 years. Twenty-eight Mr. Speaker, it just shows you how What you need in a Representative years. they do things here in this new major- are some fairly fundamental character Is there any wonder that we have ity. They have the votes, so they are traits. You have to understand that, brought more legislation in the first 85 going to run right over anybody that first of all, there is a balance between days of this Congress to the floor of the gets in their way. That is what they leadership on the one hand and rep- House than had brought up in the en- have been doing. resentation on the other hand. tire last Congress? Well, the reason for It is an abuse of power. That is what What does it take to be a good Rep- that is that this legislation had all it is, a gross abuse of power. resentative in this Congress? It seems been bottled up by committee chairs Who is running the show? Right from to me that it is pretty simple. What it that had been chairmen on an average the leadership on down, they have got H 3816 CONGRESSIONAL RECORD — HOUSE March 28, 1995 big bosses telling them what to do. A somehow a great contribution to our b 1400 lot of their legislation is drafted by the country obviously ignores the atroc- AFTER RECESS special interests right here in Washing- ities that have been done under this so- ton, DC. They do not even draft it. called welfare system. The recess having expired, the House Lobbyists do it, because the lobbyists The system that we call welfare is was called to order by the Speaker pro want the money. nothing short of subsidized misery. In tempore [Mr. MCINNIS] at 2 p.m. Where is that money going to go, fact, if you or I would treat our chil- f folks? You know where that money is dren in the manner that welfare treats going to go that is coming out of the PRAYER children, it would not only by immoral, mouths of children in my district in it would be illegal. The Chaplain, Rev. James David Missouri, that is going to be taken Ford, D.D., offered the following pray- away from the elderly with heating as- Mr. Speaker, I will give you one ex- ample. If I gave my teenage daughter a er: sistance in my district in Missouri? I Encourage each person, O loving God, have got thousands of people that check and told her to go live by herself in her own apartment, I would not only to examine the issues that they en- would be injured by this. counter and on which they must act, be abandoning my child, I would be ac- Where is the money going to go? It is and to have discernment as they face tually committing child abuse by defi- not going to go to reduce the deficit. the decisions of the time. Help us to be No, they rejected that. Overwhelm- nition in the State of California and forthright in our desire for knowledge ingly, they rejected it. Of all the thou- most States in this Union. I, as a par- realizing that the gift of truth is not to sands of people taken away from that ent, am not allowed to take a minor be scorned, but with virtuous hearts need it in my district, I have got about child and send him or her off to live by and sincere minds we should seek to 1,500 very wealthy people in my district themselves. But, Mr. Speaker, that is understand the issues of life and en- that are going to get the benefit from what our welfare system has done for deavor, in all things, to remember the the tax bill that they are going to take over 40 years. words of the Proverbs that ‘‘the fear of up. It is time that we rethink our well- the Lord is the beginning of wisdom, And they are going to pass it next intentioned but misguided concept and the knowledge of the Holy One is week, folks. They are going to give here, that we have actually taken chil- insight.’’ Amen. people at $200,000 in income, if they are dren and sent them off on their own married and they have four children, f under the guise that we have commit- they are going to give them $2,000 for THE JOURNAL their children. $2,000 for their children. ted some great privilege and helped Who are they taking away from? this individual. The SPEAKER pro tempore. The They are taking away from kids in my We have actually punished people Chair has examined the Journal of the district whose parents are making 10 who have tried to work their way out last day’s proceedings and announces and 12 and $14,000. They say that those of welfare for decades in this country. to the House his approval thereof. kids do not need it. They say that the If you were on welfare and you got a Pursuant to clause 1, rule I, the Jour- person who makes $200,000, their chil- part-time job, what did Uncle Sam say nal stands approved. dren need it. Ladies and gentlemen, to you? They said, ‘‘For every dollar f that to me is gross hypocrisy. you earn in part-time, we will take a They say again, no cuts in these pro- dollar away from you in benefits.’’ PLEDGE OF ALLEGIANCE grams. Well, if there are no cuts, folks, Then we wonder why people do not The SPEAKER pro tempore. Will the again I say to you, where does the $66 work their way out of welfare. gentleman from Ohio [Mr. TRAFICANT] billion that is going to go to the Mr. Speaker, I just would like to come forward and lead the House in the wealthy, where does it come from? It point out that the best welfare in soci- Pledge of Allegiance? does not come from trees. It does not ety is a job, and we will work on that. Mr. TRAFICANT led the Pledge of come from the sky. It is coming out of I come from the county that started Allegiance as follows: those poor people of median income, workfare in 1978, and it was called I pledge allegiance to the Flag of the hard-working people in my district. cruel. It was called heartless. It was United States of America, and to the Repub- That is where it is coming from. lic for which it stands, one nation under God, called right wing radicalism. But as f indivisible, with liberty and justice for all. somebody who grew up in the neighbor- f PROBLEMS IN THE WELFARE hood and operated the system, it was SYSTEM the most humane proposal we ever had, SUNDRY MESSAGES FROM THE The SPEAKER pro tempore. Under and it is time we bring dignity back. PRESIDENT the Speaker’s announced policy of Jan- Mr. Speaker, I will tell you as some- Sundry messages in writing from the uary 4, 1995, the gentleman from Cali- body who administered the programs, President of the United States were fornia [Mr. BILBRAY] is recognized dur- you take off the Federal strings, you communicated to the House by Mr. ing morning business for 5 minutes. stop telling us how to run the system, Edwin Thomas, one of his secretaries. Mr. BILBRAY. Mr. Speaker, last and the people at the State and local f week and again this morning, I hap- level will provide the services that the pened to witness discussions about a so-called people who claim to be lib- MESSAGE FROM THE SENATE system that we call the welfare sys- erals always say ought to be provided. A message from the Senate by Mr. tem. We are going to give free lunches to Hallen, one of its clerks, announced Now, Mr. Speaker, I grew up in a our children. We are just not going to that the Senate had passed with an neighborhood and I had friends and give it to the Federal bureaucrats. amendment in which the concurrence where we were was a working class of the House is requested, a bill of the neighborhood, but many of my friends f House of the following title: and their families were on welfare. I also happened to have served for 10 RECESS H.R. 831. An act to amend the Internal Revenue Code of 1986 to permanently extend years as a county supervisor in the The SPEAKER pro tempore. There the deduction for the health insurance costs county of San Diego which has a wel- being no further requests for morning of self-employed individuals, to repeal the fare system larger than 32 States of business, pursuant to clause 12, rule I, provision permitting nonrecognition of gain this Union. on sales and exchanges effectuating policies the House will stand in recess until 2 Let me tell you as somebody who of the Federal Communications Commission, p.m. grew up in the neighborhood and had to and for other purposes. Accordingly (at 1 o’clock and 28 min- run the system, anybody who can face The message also announced that the off with the American public and hon- utes a.m.) the House stood in recess Senate had passed a bill of the follow- estly say what we have called the wel- until 2 p.m. ing title, in which the concurrence of fare system for the last 30 or 40 years is the House is requested: March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3817 S. 4. An act to grant the power to the and cause, and it would make it dif- It is also hypocritical for Members to President to reduce budget authority. ficult for them to collect money. vote term limits but exclude them- f Let us look at it another way; what selves from the law. is the IRS really saying to us? The Bill Mr. Speaker, campaign finance re- APPOINTMENT OF MEMBERS OF of Rights and the Constitution are form is what is needed. Let us put elec- THE HOUSE COMMISSION ON great, they are really great but not for tions on a more equitable basis, let us CONGRESSIONAL MAILING the IRS. They should apply everywhere have a gift ban, let us have ethics re- STANDARDS else but do not put it on us. form, but let us not use term limits as The SPEAKER pro tempore. Without Let me tell you something, folks, we the ruse for the problems that exist in objection, and pursuant to the provi- could ensure that those questions they this country. sions of section 5(b) of Public Law 93– need answered could be answered, but Term limits are a bad idea and I am 191, the Chair announces the Speaker’s when it gets into a courtroom every proud to say that. appointment as members of the House American should be treated fairly and Commission on Congressional Mailing the Bill of Rights should stand by f Standards the following Members of every American. the House: I do not buy it. I think it is time for PASS TERM LIMITS Mr. THOMAS of California, Chairman; Congress to begin to run our country (Mr. TIAHRT asked and was given and Messrs. ROBERTS of Kansas; NEY of again. permission to address the House for 1 Ohio; FAZIO of California; CLAY of Mis- f minute and to revise and extend his re- souri; and GORDON of Tennessee. marks.) There was no objection. WHO REALLY CARES ABOUT OUR Mr. TIAHRT. Mr. Speaker, last week f CHILDREN? the bipartisan majority passed a wel- (Mr. FUNDERBURK asked and was REPUBLICAN CONTRACT WITH fare reform package that overhauls the given permission to address the House AMERICA current welfare system to offer hope for 1 minute and to revise and extend for the future. Today, we are continu- (Mr. WELLER asked and was given his remarks.) ing to keep our promise with the Amer- permission to address the House for 1 Mr. FUNDERBURK. Mr. Speaker, ican people by bringing to the floor an minute.) who really care about America’s chil- historic vote on a constitutional Mr. WELLER. Mr. Speaker, our Con- dren? amendment on term limits to make tract With America states the follow- Mr. Clinton and the congressional Congress a true citizen legislature. ing: minority claim that they do. This is Everyone here knows that a constitu- On the first day of Congress, a Re- the same White House whose budget tional amendment needs 290 votes to publican House will require Congress to will add $250 billion to our existing $5 pass the House. The Republicans can- live under the same laws as everyone trillion debt over the next 5 years. This not do it on their own. We will deliver else; cut committee staffs by one-third; is the same Democratic Party which at least 80 percent of our Members on and cut the congressional budget. killed the balanced budget amendment, the term limit vote, but we need at We kept our promise. and fought tooth and nail against a least 50 percent of the Democrats to It continues that in the first 100 days, minuscule 1 percent cut in Federal vote yes, also. Today I challenge the we will vote on the following items: A spending this year. This is the same Democrats to deliver the necessary balanced budget amendment—we kept crowd which has saddled each and votes to pass term limits. It’s in the our promise; unfunded mandates legis- every child in America with $17,000 of Democrat hands to pass this. lation—we kept our promise; line-item debt the minute they are born. So what is it going to be—yes, or no. veto—we kept our promise; a new Mr. Speaker, I will tell you what real Let’s pass term limits and make Con- crime package to stop violent crimi- concern is. It is enacting $100 billion in gress a true citizen legislature that’s nals—we kept our promise; national se- real spending cuts in foreign aid, the accountable to the people. curity restoration to protect our free- Federal bureaucracy, Amtrak, Legal doms—we kept our promise; Govern- Services, the arts, and welfare. So you f ment regulatory reform—we kept our see Mr. Speaker, there is one party promise; commonsense legal reform to which cares enough to spare the future TERM LIMITS end frivolous lawsuits—we kept our generations of American children from (Mr. PETERSON of Florida asked promise; welfare reform to encourage the suffocating burden of debt. We were and was given permission to address work, not dependence—we kept our sent here to safeguard the future of the House for 1 minute.) promise; congressional term limits to every poor, middle, and working class Mr. PETERSON of Florida. Mr. make Congress a citizen legislature— child. We will show we really care Speaker, I agree with the last speaker. we are starting this today; family rein- about our children by gutting Federal We should pass term limits. This week forcement to protect our children; tax spending and ending business as usual. we will debate term limits all week cuts for middle-income families; and f long. Senior Citizens’ Equity Act to allow TERMS LIMITS A BAD IDEA This is a subject whose time has our seniors to work without Govern- come. There are several proposals out ment penalty. (Mr. RICHARDSON asked and was there. One of them is mine and I am This is our Contract With America. given permission to address the House not a latecomer to term limits. I sup- f for 1 minute and to revise and extend ported term limits in 1989, the first his remarks.) time I campaigned for office, and I CONSTITUTION AND BILL OF Mr. RICHARDSON. Mr. Speaker, RIGHTS DOES NOT APPLY TO IRS have stood fast on that ever since. On term limits are a bad idea whose time January 11 of this year I dropped a bill (Mr. TRAFICANT asked and was has not come. We already have term on term limits, restricting to 12 years, given permission to address the House limits. They are called elections every but different from everybody else’s. I for 1 minute and to revise and extend 2 years. We do not need another con- said it should apply to me and every his remarks.) stitutional amendment to change what other Member of this House. Mr. TRAFICANT. Mr. Speaker, the the voters already have done, and that That is the argument we are going to brass of the Internal Revenue Service is change the Congress and the politi- have this year, and this week we are has now testified they oppose changing cal system. going to be asked to stand up and be the burden of proof in a tax case for Since I came to Congress 12 years counted. America says term limits ap- civil matters. They say it would tie ago, 75 percent of the House has plies to us. If they are angry at Con- their hands by extending the same changed. If you want entrenched bu- gress, can it not be that they are angry rights under the Constitution given to reaucrats, if you want lobbyists and if at us? any other court proceeding. They you want staff to run the Congress, would actually have to show evidence then vote for term limits. H 3818 CONGRESSIONAL RECORD — HOUSE March 28, 1995 SUPPORT TERM LIMITS MAXED OUT CREDIT Mr. WARD. Mr. Speaker, in their in- (Mr. EHLERS asked and was given (Mrs. SEASTRAND asked and was creasing effort to pay for a capital permission to address the House for 1 given permission to address the House gains tax cut for the wealthiest of soci- minute and to revise and extend his re- for 1 minute and to revise and extend ety and to assure that the supporters of marks.) her remarks.) the Republican contract for America now have a new target for spending Mr. EHLERS. Mr. Speaker, over 200 Mrs. SEASTRAND. Mr. Speaker, cuts—students. years ago the Founders of this Nation most of us sit around the kitchen table Under the Republican contract re- established a system of government once a month to pay the bills. The scissions package, $63 million is elimi- which contained considerable checks mortgage payment, the car payment, nated for the State Incentive Grant and balances, and they established this and insurance take out the majority of Program, which effectively cuts the en- form of government because they want- the paycheck. Then we notice the car insurance went up and we had unex- tire program; $104 million is eliminated ed to limit the power of an individual for the Pell Grant Program and; Fed- or a group to take over. pected medical bills. Sometimes we glance at the credit card bills and find eral direct student loans are cut by $47 We have found it necessary to modify million. Over 50 percent of all students the Constitution by limiting the term they too are maxed out. We call this monthly kitchen table financial re- currently attending college receive of a President to 8 years, further limit- some type of financial aid which will ing the power of an individual to take ality. Kitchen table financial reality has be directly affected by these cuts. over the country or to do more than he In Kentucky alone last year, there or she should do. hit our Nation. Our Nation’s bills keep growing, and the country’s credit cards were over 70,000 student loans granted The House of Representatives this totaling over $180 million. year took action to limit the Speaker are maxed out. Just as families decide to cut the monthly expenses and quit Of these 70,000 loans, students of the Uni- to 8 years under the same philosophy, using the credit cards, so too has the versity of Louisville received over 7,000 loans and we also limited committee chair- Republican majority faced up to con- totaling over $23 million. Mr. Speaker, these men to 6 years to prevent abuse of trolling the Federal bureaucracy from figures represent only one State and only one power. its uncontrolled spending habits and school, the true effects of these cuts are more This week it is time for us to carry we are putting a hold on the credit far-reaching and will prohibit millions from ob- out the next logical step, and that is to cards. taining an education. limit the power of the present length of Cutting the deficit to save the next Mr. Speaker, If we truly value education in term of individual Members of Con- generation of children from being born our society, we will be committed to providing gress. into bankruptcy won’t be easy. It will the necessary assistance to enable all Ameri- I believe it is a logical next step, it is require sacrifice from all Americans, cans to obtain a college degree. I hope that an important next step, and I urge this just as mothers and fathers sacrifice we can make this commitment together. Congress to vote to put in place term for our children everyday. f limits on individual Members of Con- gress. It is a historic vote and the first f TERM LIMITS AMENDMENT opportunity this Congress has ever had WE NEED TERM LIMITS TODAY (Mr. JONES asked and was given per- to cast this vote. I urge that it be a mission to address the House for 1 ‘‘yes’’ vote. (Mr. TATE asked and was given per- minute.) mission to address the House for 1 Mr. JONES. Mr. Speaker, our Found- f minute and to revise and extend his re- ing Fathers while drafting the Con- marks.) stitution provided a simple but deci- OPPOSE SALE OF POWER Mr. TATE. Mr. Speaker, what a dif- sive and important process for the MARKETING AGENCIES ference an election makes. Just last American people to properly amend the (Mr. POMEROY asked and was given year the Speaker of the House was Constitution. Through the years, our permission to address the House for 1 suing the citizens of my fair State, country has adopted important amend- minute and to revise and extend his re- Washington State, because he was ments to improve the public’s role; marks.) against term limits. such as the right to vote. Now, it is Mr. POMEROY. Mr. Speaker, today Well, this year what a difference. On time to continue the process with term my friend and colleague, the gen- January 4 the Speaker of the House limits. tleman from Oregon [Mr. COOLEY], and limited his terms to 8 years. We lim- Over 75 percent of the American pub- I delivered a bipartisan letter to the ited the terms of our committee chairs lic believe they deserve the right to Speaker of the House urging him to and ranking minority, and we will personally vote on term limits. help us defeat the administration’s pro- bring out here on the House floor for Anyone who sits in this Congress who posal to increase electric rates by sell- the first time in American history disagrees with giving the citizens of ing off the power marketing agencies term limits. this country a chance to vote on this or PMA’s. We are going to deliver 80 percent of very popular and important issue, in If the goal of this Congress is to our Members. We need you to deliver at my opinion, shows no confidence in the make Government run smarter, this least 50 percent of yours. people which elected them. plan would not stand a chance. The But what is the Democrat response I strongly believe that if any elected PMA’s run at no cost to taxpayers, but on term limits? Retroactivity. It has official cannot put aside their own self- make a big difference in the electric been on the ballot once in the history interests for the good of the American rates paid by over 100,000 in North Da- of this country, in Washington State, people, then maybe they have been in- kota and millions nationwide. and it was defeated. side the beltway too long. The people purporting this plan have There is one thing that has become f clear since this idea was first sug- been in office longer than I have been gested. This idea will not save the Fed- alive. It is a crock. It is a sham. If you STUDENT LOANS eral Treasury a dime, but it will cost really want term limits, vote for the Hilleary amendment which is truly al- (Mr. HILLIARD asked and was given electric ratepayers millions. lowing State rights to go forth. Vote permission to address the House for 1 If sold, these agencies could well go for term limits. We need it today. minute and to revise and extend his re- to the highest bidder, driving up elec- marks.) tric rates higher than those paid today. f Mr. HILLIARD. Mr. Speaker, I rise Mr. Speaker, 52 House Members who today in strong protest to yet another have signed this letter will not accept STUDENT LOANS Republican plan to penalize the middle that. We are going on record today. We (Mr. WARD asked and was given per- class in the name of tax cuts for the are opposed to the PMA sale and we are mission to address the House for 1 rich. The majority party is endanger- opposed to higher electric rates for our minute and to revise and extend his re- ing the future of our country, the fu- constituents. marks.) ture of our young people, by targeting March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3819 student loan opportunities for cuts, in If these mean-spirited cuts are ap- have to be a rocket scientist to figure order to finance their special interest proved, it would cost students and that one out. tax breaks. their families $20 billion over the next And yet, so what are these guys The various government-funded stu- 5 years—making this the largest in- going to do to save this crown jewel of dent loan programs account for over 75 crease in college costs in history. Mid- the contract, the tax cut for the rich? percent of financial aid that is distrib- dle class families rely on student aid. Well, they are going to cut student uted in this country every year. Cuts In fact, NEWT GINGRICH and DICK loans. That is really penny-wise and to student assistance will end up cost- ARMEY took out student loans to pay pound-foolish, and it is absolutely un- ing middle class Americans over $20 for their education. Now, they want to fair to the next generation of our million over the next 5 years. This is a pull up the ladder behind them and young people. burden too heavy to force onto the deny that opportunity to the students If anyone thinks that we can do well working families of this country. of today. Don’t let Professor GINGRICH in the 21st century with our young peo- In this day and age, a person cannot cancel class for hundreds of thousands ple having less education, go ahead, go achieve success without a good edu- of college students. Oppose cuts in stu- for the cuts, but I will not. cation. I am a firm believer that bright dent aid. f and talented young people should be f given every opportunity for success. No INTRODUCTION OF THE TUITION TERM LIMITS young person who is capable of learn- ACCOUNT ASSISTANCE ACT OF 1995 ing should be denied the opportunity to (Mr. KNOLLENBERG asked and was (Mr. ENGLISH of Pennsylvania asked persue higher education. We have an given permission to address the House and was given permission to address obligation to fulfill, an obligation to for 1 minute and to revise and extend the House for 1 minute.) these kids, to ourselves, and to Ameri- his remarks.) Mr. ENGLISH of Pennsylvania. Mr. ca’s future. Mr. KNOLLENBERG. Mr. Speaker, Speaker, well, I agree with the last this week for the first time in history, f speech that a college education is an we will vote to limit the number of important strategic investment. That LORD ACTON WAS RIGHT terms Members of Congress can serve. is why today I am introducing the Tui- (Mr. METCALF asked and was given The new, open, GOP Congress will tion Account Assistance Act of 1995. permission to address the House for 1 bring not one, not two, not three, but This bipartisan bill will eliminate minute.) four term limit proposals to the floor the tax liability on the value of State Mr. METCALF. Mr. Speaker, the for a first-ever vote to replace career prepurchased college tuition credits. growing support for term limits is a politicians with citizen legislators and Our TAP program in Pennsylvania has recognition of Lord Acton’s dictum: return the balance of power back to the been hurt by the IRS when it treats ap- ‘‘Power corrupts, and absolute power people. preciated credits purchased in this pro- corrupts absolutely.’’ Long-term in- Republicans are committed to term gram as a capital gain. cumbency does change the outlook of limits but, alone we can not give the This bill will enable middle-class elected officials. overwhelming majority of Americans families to save for their children’s In 1969, over 25 years ago, I intro- what they want—we need the support education without capital gains pen- duced the first term limits bill, the bill and votes from our Democratic col- alties, and it is supported by Penn- that launched the modern struggle for leagues. Even if all 230 Republicans sylvania’s State system of higher edu- term limits. As a Washington State vote for term limits, we would still cation. Senator, I saw that long-term service need 60 Democrats in order to pass this While the program in the State of concentrated power in the hands of a constitutional amendment. Pennsylvania is relatively young, sev- few, thus reducing effective representa- So, today the fate of term limits and eral other States with similar pro- tion by the majority of the body, be it the will of the American people rest in grams have had problems with the cap- Congress or the State legislature. your hands [pointing towards Demo- ital gains tax including Florida and Fundamental to the idea of a citizen crats]. It is up to you to either join our Michigan. Congress is the principle that Members effort to return the people’s body to To me, this issue highlights how cap- serve a limited time and then return the people and pass a term limits ital gains tax affects the middle class. home to live under the laws they have amendment—or—to fight for the status One thing that has been lost in some of made. quo of congressional careerism and the this floor discussion is that nearly 60 I support the initiative passed by the influence of high-powered, Washington percent of tax returns claiming a cap- voters of the State of Washington es- lobbyists. ital gain were filed by taxpayers with tablishing a 6-year term limit for Mem- Mr. Speaker, it is time to put par- less than $50,000 income. bers of Congress. This is the mandate tisan politics aside and give America from the people: ‘‘Pass a term-limit what 22 States have already demanded: f amendment on the Congress as we did term limits. for the Presidency.’’ f WISHING AWAY THE BUDGET f DEFICIT OPPOSING CUTS IN STUDENT AID (Mr. DOGGETT asked and was given OPPOSE CUTS IN STUDENT AID (Mrs. SCHROEDER asked and was permission to address the House for 1 (Ms. DELAURO asked and was given given permission to address the House minute.) permission to address the House for 1 for 1 minute and to revise and extend Mr. DOGGETT. Mr. Speaker, I rise to minute and to revise and extend her re- her remarks.) commend the distinguished Republican marks.) Mrs. SCHROEDER. Mr. Speaker, the Chair of the Senate Budget Committee, Ms. DELAURO. Mr. Speaker, once best investment the Federal taxpayer Senator DOMENICI, for his straight- again, Republicans are asking middle makes is in getting young people an forward comment on Saturday that, class families to sacrifice in order to education. So I think student loans ‘‘My goal as chairman of the commit- pay for their tax giveaway to the make all the sense in the world, and we tee is to produce a balanced budget wealthy. This time they have zeroed in ought to be sure that every young per- without any tax cut.’’ Such candor has on student loan programs that have son who has the will, the desire, and been rare from House Republicans who helped educate generations of middle the ability to go to school also has the are constructing a budget in a dream class kids. economic wherewithal. world. It is based on the first law of The Contract With America puts four Now, why do I say that is the best in- Disney appropriate for Fantasyland crucial student aid programs on the vestment? Because we all know some- that wishing will make it so. chopping block. Together, these pro- one with a higher education makes a We cannot wish away the budget defi- grams account for 75 percent of the fi- whole lot more money, so they are cit. We cannot wish away and get a bal- nancial aid currently awarded to col- going to be paying higher taxes. You do anced budget and provide tax breaks lege students. not need new math, and you do not for those who earn $200,000 a year and H 3820 CONGRESSIONAL RECORD — HOUSE March 28, 1995 more, and yet that is what they pro- Mr. Speaker, I ask just half my col- Finally, there are treaty consider- posed. leagues on the other side of the aisle to ations with Canada that will pro- Indeed, they have cut last week’s listen to the American people. foundly complicate matters. school lunches, and now we are about To them I would say, stop the arro- Clearly, while privatization sounds to see them attempt to cut on the big gance of Washington. Vote ‘‘yes’’ on good for the taxpayer, there is a right brothers and the big sisters of those term limits. way and wrong way to go about it. Now same children when they cut student is not the time for BPA. f loans. f Fortunately and finally last week b 1430 over 100 House Republicans questioned TERM LIMITS: A CITIZEN whether providing a tax break for TERM LIMITS: BOUND BY THE LEGISLATURE those at the $200,000 level made any VOICE OF MY CONSTITUENTS (Mr. CHRISTENSEN asked and was sense. It does not. This move rep- (Mr. GEKAS asked and was given given permission to address the House resented a half step, but that is better permission to address the House for 1 for 1 minute and to revise and extend than the kind of lockstep that we have minute and to revise and extend his re- his remarks.) seen of late. marks.) Mr. CHRISTENSEN. Mr. Speaker, f Mr. GEKAS. Mr. Speaker, a few years today in this body we begin a historic debate. Not since 1776 when the Fram- IT IS TIME TO SET TERM LIMITS ago when the great debate began back in our constituencies about the possi- ers of the Constitution first discussed (Mr. CHABOT asked and was given bility of term limitations, I debated the concept of a citizen legislature has permission to address the House for 1 that very same subject with various the concept of limited terms been de- minute.) groups in our district. I took the posi- bated by those chosen to represent Mr. CHABOT. Mr. Speaker, I do not tion then, which I felt was justified, their respective States. see how anyone could have watched the that term limits were a province of the It was during that historic debate debate over welfare reform last week voters, who every 2 years could exert that the gentleman from Virginia, and not come away in favor of term their judgment and determine whether George Mason, stated that: limits. or not the term of that particular of- Elected representatives should be subject Even though just about everybody ficeholder should be ended. to periodical rotation. For nothing so agrees that the current welfare system Well, the debate went on and on and strongly impels a man to regard the interest is a mess, in fact, an abysmal failure, finally I decided to resolve the ques- of his constituents as the certainty of re- turning to the general mass of the people we saw last week the architects of the tion by having an item in my annual present welfare system stream to this from whence he was taken and where he questionnaire as to how our people felt must participate in their burdens. floor to denounce attempts at reform. about term limitations. By a count of Sure, they couched their opposition in It is with that in mind that I chal- 70 or more in that grandiose count that lenge you, my colleagues, with remem- politically correct terms. They have we made of opinion in our district, peo- learned how to do that around here. bering that 22 States have already en- ple were in favor of term limitations. acted term limits for their elected We do need change, they admit, just So as we begin the dateline here not this change. The very people who Members. today on the debate on term limita- I urge you to support term limits and fought the hardest against welfare re- tions, I am bound by the voice of my form were the same Members who for return this elected body to a citizen people and I will vote in favor of term legislature. decades have voted to fund and expand limitations. And no matter what the the welfare monstrosity. outcome, they will determine, in No- f Some folks seem to be a little too vember of 1996, whether my term THANKS FOR ENDING WELFARE proud of their handiwork and a little should expire. too close to the bureaucracies they AS WE KNOW IT have built. f (Mr. LATOURETTE asked and was Mr. Speaker, last week we set term given permission to address the House limits on welfare recipients. Now we SELLING BONNEVILLE POWER for 1 minute and to revise and extend ought to set term limits on the group ADMINISTRATION IS A BAD IDEA his remarks.) that created the welfare mess in this (Mr. COOLEY asked and was given Mr. LATOURETTE. Mr. Speaker, I country in the first place. permission to address the House for 1 must admit to being a little depressed f minute.) when I left here last week. Mr. COOLEY. Mr. Speaker, I rise With calls of ‘‘Shame, Shame, Repub- GOP HAS SUPERMAJORITY ON today to inform my colleagues that lican, Shame,’’ still ringing in my ears, TERM LIMITS selling the Bonneville Power Adminis- I wondered: Was I really mean-spirited? (Mr. BALLENGER asked and was tration is a bad idea for now. Did our welfare plan deserve the name- given permission to address the House If we are looking for someone to buy calling and the references to Nazi Ger- for 1 minute and to revise and extend BPA, the only buyer I know, foolish many? his remarks.) enough to take on an investment like I was heartened, though, when I Mr. BALLENGER. Mr. Speaker, this, is Uncle Sam himself. In fact, if boarded the plane at National and the make no bones about it, the fate of we did find such a buyer, they would flight attendant did not tell me to sit term limits rests squarely on the probably have a deed to the Brooklyn down and shut up; further encouraged shoulders of the Democrats in Con- Bridge. when the dog did not bite me and the gress. Here are just five of the reasons that kids were happy to see me; happier still More than 80 percent of Republican make Bonneville a bad candidate for when the folks back home—those who Members support and will vote for privatization. First, there will be in- get up every morning at 5:30, carry a term limits. credible costs associated with the En- lunch box, pay their taxes, and obey That’s more than a majority. That is dangered Species Act requirements. the law—called to say thanks for end- more than a supermajority. Why that Second, nuclear plant investments ing welfare as we know it. might even be more than a superduper have gone bad, creating more costs to But it was not until Sunday morning, majority. cut profit margins. when I got the paper out of the tube All we need is the support of just Third, this year alone, it is rec- and saw this cartoon, that my spirits one-half of the Democrats. ommended that BPA spend $500 million truly soared and I was able to separate Not even a majority, just 50 percent. on fish and wildlife mitigation costs. rhetoric from reality. No one can say that Republicans Fourth, you cannot sell what is not My thanks to cartoonist Kelley from have not listened to the American peo- yours. Numerous counties and cities the San Diego Union-Tribune. In this ple who overwhelmingly support term have vested interests in the facilities picture, Tom has five apples and Ed has limits. and transmission equipment. one. Tom gives three of his apples to March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3821 Ed, and now Ed claims that his apple ments to the Regulations since my re- retary for Enforcement, and the Office has been cut in two. The query by the port of September 20, 1994. of the General Counsel) and the De- cartoonist is ‘‘How can that be?’’ And The Regulations prohibit the sale or partment of State (particularly the Of- the answer is ‘‘That’s a Democrat.’’ supply by United States persons or fice of Southern African Affairs). f from the United States, or using U.S.- I will continue to report periodically registered vessels or aircraft, of arms to the Congress on significant develop- REPORT ON NATIONAL EMER- and related materiel of all types, in- ments, pursuant to 50 U.S.C. 1703(c). GENCY WITH RESPECT TO AN- cluding weapons and ammunition, WILLIAM J. CLINTON. GOLA—MESSAGE FROM THE military vehicles, equipment and spare THE WHITE HOUSE, March 27, 1995. PRESIDENT OF THE UNITED parts, and petroleum and petroleum f STATES products to UNITA or to the territory of Angola other than through des- (H.DOC.NO. 104–53) REPORT ON HEALTH CARE FOR ignated points. United States persons The SPEAKER pro tempore (Mr. NATIVE HAWAIIANS PROGRAM— are also prohibited from activities that MCINNIS) laid before the House the fol- MESSAGE FROM THE PRESIDENT promote or are calculated to promote lowing message from the President of OF THE UNITED STATES such sales or supplies to UNITA or An- the United States; which was read and, The SPEAKER pro tempore laid be- gola, or from any transaction by any together with the accompanying pa- fore the House the following message United States persons that evades or pers, without objection, referred to the from the President of the United avoids, or has the purpose of evading or Committee on International Relations States which was read and, together avoiding, or attempts to violate, any of with the accompanying papers, without and ordered to be printed. the prohibitions set forth in the Execu- objection, referred to the Committee To the Congress of the United States: tive order. Also prohibited are trans- on Commerce. I hereby report to the Congress on actions by United States persons, or in- the developments since September 26, volving the use of U.S.-registered ves- To the Congress of the United States: 1994, concerning the national emer- sels or aircraft, relating to transpor- I transmit herewith the Report on gency with respect to Angola that was tation to Angola or UNITA of goods the the Health Care for Native Hawaiians declared in Executive Order No. 12865 of exportation of which is prohibited. Program, as required by section 11 of September 26, 1993. This report is sub- The Government of Angola has des- the Native Hawaiians Health Care Act mitted pursuant to section 401(c) of the ignated the following points of entry as of 1988, as amended (Public Law 102–396; National Emergencies Act, 50 U.S.C. points in Angola to which the articles 42 U.S.C. 11701 et. seq.). 1641(c), and section 204(c) of the Inter- otherwise prohibited by the Regula- WILLIAM J. CLINTON. national Emergency Economic Powers tions may be shipped: Airports: Luanda THE WHITE HOUSE, March 27, 1995. Act, 50 U.S.C. 1703(c). and Katumbela, Benguela Province; f On September 26, 1993, I declared a Ports: Luanda and Lobito, Benguela national emergency with respect to Province; and Namibe, Namibe Prov- COMMUNICATION FROM CHAIRMAN Angola, invoking the authority, inter ince; and Entry Points: Malongo, OF COMMITTEE ON HOUSE OVER- alia, of the International Emergency Cabinda Province. Although no specific SIGHT Economic Powers Act (50 U.S.C. 1701 et license is required by the Department The SPEAKER pro tempore laid be- seq.) and the United Nations Participa- of the Treasury for shipments to these fore the House the following commu- tion Act of 1945 (22 U.S.C. 287c). Con- designated points of entry (unless the nication from the chairman of the sistent with United Nations Security item is destined for UNITA), any such Committee on House Oversight. Council Resolution 864, dated Septem- exports remain subject to the licensing HOUSE OF REPRESENTATIVES, ber 15, 1993, the order prohibited the requirements of the Departments of COMMITTEE ON HOUSE OVERSIGHT, sale or supply by United States persons State and/or Commerce. Washington, DC, March 24, 1995. or from the United States, or using 2. FAC has worked closely with the Hon. NEWT GINGRICH, U.S.-registered vessels or aircraft, of U.S. financial community to assure a Speaker, House of Representatives, the Capitol, arms and related materiel of all types, heightened awareness of the sanctions Washington, DC. including weapons and ammunition, against UNITA—through the dissemi- DEAR MR. SPEAKER: In my letters to you of military vehicles, equipment and spare nation of publications, seminars, and January 18, 1995 assigning various functions to the House Officers, I indicated that as- parts, and petroleum and petroleum notices to electronic bulletin boards. signment of these responsibilities con- products to the territory of Angola This educational effort has resulted in stituted a first step in the ongoing restruc- other than through designated points frequent calls from banks to assure turing of House operations, and that further of entry. The order also prohibited that they are not routing funds in vio- changes may be directed as they become nec- such sale or supply to the National lation of these prohibitions. United essary. Union for the Total Independence of States exporters have also been noti- Based on further review, and pursuant to Angola (‘‘UNITA’’). United States per- fied of the sanctions through a variety the authority vested in the Committee on sons are prohibited from activities that of media, including special fliers and House Oversight by House Rule X, clause 1(h) and clause 4(d)(2), the Committee directs promote or are calculated to promote computer bulletin board information that operational and financial responsibility such sales or supplies, or from at- initiated by FAC and posted through for the House Document Room is assigned to tempted violations, or from evasion or this Department of Commerce and the the Clerk of the House of Representatives ef- avoidance or transactions that have Government Printing Office. There fective on March 27, 1995. the purpose of evasion or avoidance, of have been no license applications under Best regards, the stated prohibitions. The order au- the program. BILL THOMAS, thorized the Secretary of the Treasury, 3. The expenses incurred by the Fed- Chairman. in consultation with the Secretary of eral Government in the 6-month period f State, to take such actions, including from September 26, 1994, through the promulgation of rules and regula- March 25, 1995, that are directly attrib- ANNOUNCEMENT BY THE SPEAKER tions, as might be necessary to carry utable to the exercise of powers and au- PRO TEMPORE out the purposes of the order. thorities conferred by the declaration The SPEAKER pro tempore. Pursu- 1. On December 10, 1993, the Treasury of a national emergency with respect ant to the provisions of clause 5, rule I, Department’s Office of Foreign Assets to Angola (UNITA) are reported at the Chair announces that he will post- Control (‘‘FAC’’) issued the UNITA about $50,000, most of which represents pone further proceedings today on each (Angola) Sanctions Regulations (the wage and salary costs for Federal per- motion to suspend the rules on which a ‘‘Regulations’’) (58 Fed. Reg. 64904) to sonnel. Personnel costs were largely recorded vote or the yeas and nays are implement the President’s declaration centered in the Department of the ordered, or on which the vote is ob- of a national emergency and imposi- Treasury (particularly in the Office of jected to under clause 4 of rule XV. tion of sanctions against Angola Foreign Assets Control, the Customs Such rollcall votes, if postponed, will (UNITA). There have been no amend- Service, the Office of the Under Sec- be taken after debate has concluded on H 3822 CONGRESSIONAL RECORD — HOUSE March 28, 1995 all motions to suspend the rules but firefighters to perform the requirements of promulgate guidelines to assist State not before 5 p.m. today. their jobs. and local governments in the adminis- (c) CONSULTATION REQUIREMENT; OPPOR- tration and the use of such tests. f TUNITY FOR PUBLIC COMMENT.—(1) The Chair- man shall, during the conduct of the study The flexibility to use age-based cri- AGE DISCRIMINATION IN EMPLOY- required by subsection (a), consult with— teria as part of an overall personnel MENT AMENDMENTS OF 1995 (A) the United States Fire Administration, policy is being sought by both manage- Mr. FAWELL. Mr. Speaker, I move to (B) the Federal Emergency Management ment and labor in the public safety suspend the rules and pass the bill Agency, field. The Subcommittee on Employer- (H.R. 849) to amend the Age Discrimi- (C) organizations that represent law en- Employee Relations received compel- forcement officers, firefighters, and their ling testimony from organizations rep- nation in Employment Act of 1967 to employers, and reinstate an exemption for certain (D) organizations that represent older indi- resenting rank-and-file firefighters and bona fide hiring and retirement plans viduals. police officers, as well as local govern- applicable to State and local fire- (2) Before issuing the advisory guidelines ment, arguing that age was an effective fighters and law enforcement officers, required in subsection (b), the Chairman proxy for job fitness in these extremely and for other purposes. shall allow for public comment on the pro- dangerous and physically demanding The Clerk read as follows: posed guidelines. occupations. These organizations con- (d) DEVELOPMENT OF STANDARDS FOR tend that tests of physical and mental H.R. 849 WELLNESS PROGRAMS.—Not later than 2 Be it enacted by the Senate and House of Rep- years after the date of the enactment of this fitness have not proven a feasible alter- resentatives of the United States of America in Act, the Chairman shall proposed advisory native to an age proxy because such Congress assembled, standards for wellness programs for law en- tests do not replicate the stress inher- SECTION 1. SHORT TITLE. forcement officers and firefighters. ent in an actual emergency. Testing This Act may be cited as the ‘‘Age Dis- (e) AUTHORIZATION OF APPROPRIATIONS.— also places these organizations in the crimination in Employment Amendments of There is authorized to be appropriated to bind that many private sector employ- carry out this section $5,000,000. 1995’’. ers find themselves in—namely, that SEC. 4. EFFECTIVE DATES. SEC. 2. REINSTATEMENT OF EXEMPTION. they must use tests to avoid the use of (a) GENERAL EFFECTIVE DATE.—Except as (a) REPEAL OF REPEALER.—Section 3(b) of provided in subsection (b), this Act shall arbritary selection criteria, but every the Age Discrimination in Employment take effect on the date of the enactment of test they select is subject to challenge Amendments of 1986 (29 U.S.C. 623 note; Pub- this Act. for its other discriminatory effects and lic Law 99–592) is repealed. (b) SPECIAL EFFECTIVE DATE.—Section for its job relatedness. (b) EXEMPTION.—Section 4(j) of the Age 2(b)(1) shall take effect on December 31, 1993. Discrimination in Employment Act of 1967 I find persuasive the arguments of (29 U.S.C. 623), as in effect immediately be- The SPEAKER pro tempore. Pursu- these law enforcement and firefighting fore December 31, 1993— ant to the rule, the gentleman from Il- organizations which, after all, rep- (1) is hereby reenacted as such, and linois [Mr. FAWELL] will be recognized resent those on the frontlines of public (2) as so reenacted, is amended by striking for 20 minutes, and the gentleman from safety. I do not feel that we can dis- ‘‘attained the age’’ and all that follows California [Mr. MARTINEZ] will be rec- count their judgment and there is obvi- through ‘‘1983, and’’, and inserting the fol- ognized for 20 minutes. ously a commonsense recognition that lowing: The Chair recognizes the gentleman ‘‘attained— there is some decline in physical abil- from Illinois [Mr. FAWELL]. ‘‘(A) the age of hiring or retirement in ef- ity with age. The potential threat to fect under applicable State or local law on Mr. FAWELL. Mr. Speaker, I yield public safety posed by the expiration of March 3, 1983; or myself such time as I may consume. the exemption demands that the Con- ‘‘(B) if the age of retirement was not in ef- Mr. Speaker, the bill we are consider- gress act to allow State and local gov- fect under applicable State or local law on ing today, the Age Discrimination in ernments closest to the needs of law March 3, 1983, 55 years of age; and’’. Employment Amendments of 1995, enforcement and firefighting to make SEC. 3. STUDY AND GUIDELINES FOR PERFORM- would restore the public safety exemp- ANCE TESTS. their own decisions about hiring and tion under the Age Discrimination in retirement policies. (a) STUDY.—Not later than 3 years after the Employment Act [ADEA] and permit I might add that I strongly support date of enactment of this Act, the Chairman police and fire departments to use the protections against arbitrary age of the Equal Employment Opportunity Com- maximum hiring and mandatory retire- mission (in this section referred to as ‘‘the discrimination inherent in the ADEA. ment ages as part of their overall per- Chairman’’) shall conduct, directly or by The public safety field is one of the contract, a study that will include— sonnel policies. When the upper age limit for coverage under the ADEA was rare exceptions where one’s age is rel- (1) a list and description of all tests avail- evant to one’s ability to perform effec- able for the assessment of abilities impor- removed in 1986, the use of such age tant for completion of public safety tasks criteria was made generally impermis- tively as a firefighter or law enforce- performed by law enforcement officers and sible under the act. Legislation to re- ment officer. Perhaps at some point, firefighters, store the public safety exemption was the age proxy will no longer be nec- (2) a list of such public safety tasks for twice considered and passed by the essary and effective tests will be avail- which adequate tests do not exist, House during the last Congress, but able. As I mentioned, to that end, the (3) a description of the technical character- failed to clear the Senate. bill we are considering today directs istics that performance tests must meet to the Equal Employment Opportunity be compatible with applicable Federal civil H.R. 849 amends section 4 of the rights Acts and policies, ADEA to allow, but not require, State Commission [EEOC] to develop and to (4) a description of the alternative methods and local governments that used age- issue advisory guidelines for the ad- available for determining minimally accept- based hiring and retirement policies ministration and use of physical and able performance standards on the tests de- for law enforcement officers and fire- mental fitness tests to measure the scribed in paragraph (1), fighters as part of a bona fide hiring or ability and competency of law enforce- (5) a description of the administrative retirement plan as of March 3, 1983, to ment officers and firefighters to per- standards that should be met in the adminis- form the requirements of their jobs. tration, scoring, and score interpretation of continue to use such policies. It also the tests described in paragraph (1), and amends section 4 to allow States and Until the point that adequate tests are (6) an examination of the extent to which local governments that either did not in place however, I feel that the public the tests described in paragraph (1) are cost use or stopped using age-based hiring safety exemption to the ADEA is nec- effective, safe, and comply with Federal civil or retirement policies to adopt such essary and that H.R. 849 should be rights Acts and regulations. policies with the proviso that the man- quickly enacted. I urge the support of (b) ADVISORY GUIDELINES.—Not later than 4 datory retirement age be not less than the legislation. years after the date of enactment of this 55 years of age. In addition, H.R. 849 di- Mr. Speaker, I would also very much Act, the Chairman shall develop and issue, rects the EEOC to identify particular like to thank the gentleman from New based on the results of the study required by subsection (a), advisory guidelines for the types of physical and mental fitness York [Mr. OWENS], who did quite a lot administration and use of physical and men- tests that are valid measures of the of work on this bill last year, and the tal fitness tests to measure the ability and ability and competency of public safety gentleman from California [Mr. MAR- competency of law enforcement officers and officers to perform their jobs and to TINEZ] for their longstanding support March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3823 and outstanding leadership regarding mandatory retirement ages for these public Age does indeed affect an individual's ability this legislation. During the last Con- employees. Ultimately, this bill seeks to clear to perform the duties of a public safety officer. gress, Mr. OWENS twice shepherded a up the confusion which has come about due This is not a stereotype. This is not ageism. similar bill to passage on the House to differing court decisions throughout the This is a medical fact. Physical ability declines floor only to see it languish and die in country on this issue over the past several with age. For example, aerobic capacity de- the other body. My hope is that our years. clines at a rate of 1 percent per year after age colleagues on the other side will now In 1986, the Congress passed a law which 30. Strength declines at a rate of 10±13 per- move on the bill and that this impor- exempted fire and police departments from the cent every decade. The risk of sudden inca- tant legislation will indeed finally be ADEA for a period of 7 years. This exemption pacitation also clearly increases with age, in- enacted. expired on January 1, 1994. It has long since creasing sixfold between the age of 40 and 60 Mr. Speaker, I reserve the balance of been time to act and with this bill today we are years of age. These physical effects are not my time. fulfilling our responsibility to those who put experienced by all people to the same degree Mr. MARTINEZ. Mr. Speaker, I yield their lives on the line for each American every or at the same precise time. But they pose a myself such time as I may consume. day. significant problem to public safety agencies in (Mr. MARTINEZ asked and was given All of us know how physically demanding their efforts to maintain a fit and effective work permission to revise and extend his re- force. marks.) firefighting is. We also recognize the impor- tance of protecting our communities. Mr. A public safety agency can respond to age- Mr. MARTINEZ. Mr. Speaker, I rise related declines in ability in 1 of 2 ways. It can in support of H.R. 849. As the Honor- Speaker, the ability for firefighters and law en- forcement officials to perform their duties at establish an age-based mandatory retirement able Member, the gentleman from Illi- policy. This will reduce the risks to public safe- nois [Mr. FAWELL], chairman of the peak level is literally a matter of life and death for each and every American. Clearly age af- ty, but it may result in some capable individ- Subcommittee on Employer-Employee uals being forcibly retired. relations has said, this bill has been be- fects and individuals ability to perform the du- ties associated with these jobs. Alternatively, an agency can try to use per- fore us in previous Congresses. In the formance and physical ability testing to try to 103d Congress, Mr. OWENS of New York Mr. Speaker, the study which followed the passage of this legislation in 1986 clearly con- screen out employees who might pose a was the chief author of the bill, and as threat to public safety. Unfortunately, there are the gentleman from Illinois [Mr. FA- cluded that age has a direct impact on a per- son's ability to work as a police officer or fire- numerous problems with trying to use tests as WELL] has said, it passed with the an alternative to age which makes this option fighter. We took this measure up twice last widest of margins. untenable. year and both times if passed unanimously in b It is simply not possible to devise a test for 1445 the House. The inaction of the Senate in the all tasks carried out by a public safety em- But it failed in the Senate, and, al- last Congress is no excuse for us not to act ployee. For example, no test could have pos- though there may be some who are still favorably on this measure again in the 104th sibly simulated the kinds of physical conditions not in total support of this bill, this Congress and I urge its adoption here today. public safety employees in California have bill is a good bill, and this bill solves For all of the hard and dedicated work that faced over the past few weeks of severe the problem raised by the municipali- these public employees perform each and flooding. No test, no matter how comprehen- ties who have demonstrated that the every day it is our responsibility to ensure that sive, can measure all of the skills and abilities provision allowing them to implement the rules governing their employment and re- an age-based retirement system, but a public safety employee must possess. tirement are adequate and fair. This is exactly Moreover, there is no current test that can not mandating that they do so, will what H.R. 849 seeks to achieve. Let us today provide them with the flexibility they effectively screen for the risk of sudden inca- demonstrate our support of firefighters and law pacitation among asymptomatic individuals. A need to continue to ensure the public enforcement officials throughout the country safety and their residents and citizens. mandatory retirement age, used in conjunction with the speedy, unanimous passage of this with screening for other risk factors, continues This responds to the needs of the em- bill. Thank you. ployees—those police and firefighters to be the most effective way of reducing the Mr. OWENS. Mr. Speaker, I rise in strong risk of sudden incapacitation by public safety who feel so strongly that the public support of H.R. 849, the Age Discrimination in and their fellow public safety workers officers. Employment Act Amendments of 1995. This will be best served by the flexibility Testing can also have a very serious nega- legislation would permanently exempt State this change to the ADEA will allow. tive impact on other individuals and groups and local public safety agencies from the Age And, because it is not mandatory, but that historically have been discriminated Discrimination in Employment Act in order to provides the authority to base a man- against in employment. Tests have been prov- datory retirement program on age; city permit them to consider age in their hiring and en to have an adverse impact on women and managers, fire chiefs, police chiefs, and retirement policies. This exemption is urgently minorities. Women on average are less strong their own elected officials can develop needed to provide State and local agencies than men. Written tests may underpredict the their own policies based on what works the flexibility they need to ensure that all pub- on-the-job performance of minorities. To as- best for them. lic safety employees are fit and able to carry sure that such factors did not prevent women I am proud to support this bill, and I out their very demanding jobs. Comparable and minorities from serving in public safety po- ask my colleagues to do the same. legislation passed the House unanimously on sitions, many agencies within-group normed Mr. Speaker, I had intended to yield two occasions last year but was prevented the results of certain tests. Unfortunately, a to the gentleman from New York [Mr. from even being considered by the Senate by provision of the Civil Rights Act of 1991 now OWENS] who is not here, and I would the threat of a filibuster. It is imperative that prohibits that practice. As a result, any in- ask if the gentleman from Illinois [Mr. there be no further delay. crease in the use of physical and mental test- FAWELL] is going to ask for the 5 legis- As a rule, Congress must avoid exempting ing of public safety employees will jeopardize lative days for comment by our col- whole classes of employees from the protec- employment opportunities for women and mi- leagues. tion of civil rights laws unless it is absolutely norities. Mr. FAWELL. Mr. Speaker, will the necessary. We should not carve out exemp- Another, but lesser concern is that it is enor- gentleman yield? tions merely because an employer finds civil mously expensive to administer performance Mr. MARTINEZ. I yield to the gen- rights compliance to be costly or inconvenient. and ability tests on a periodic basis to all pub- tleman from Illinois. Exemptions must be made only when there is lic safety employees, consuming scarce re- Mr. FAWELL. Yes, I will. a strong compelling need to do so and there sources that are needed to keep police on the Mr. HOYER. Mr. Speaker, I rise today in is no other reasonable alternative. This is one streets. In addition, testing often entails con- support of H.R. 849, to amend the Age and of those rare instances. siderable litigation over the content of the Discrimination in Employment Act of 1967. State and local fire and police agencies tests. In Tennessee, for example, there were This bill will reinstate an exemption for certain must be exempted from the ADEA in order to several years of litigation over the State wild- bona fide hiring and retirement rules applica- protect and promote the safety of the public. life officer's entrance exam which focused on ble to firefighters and law enforcement offi- This is literally a life or death matter. If a po- the question of whether the fences recruits cials. The bill also instructs the Equal Employ- lice officer or firefighter cannot adequately per- had to scale should be 8 or 10 feet tall. ment Opportunity Commission Chairman to form their duties, people die and people get For these reasons, testing does not today conduct a study as to whether there should be hurt. represent a viable alternative to age-based H 3824 CONGRESSIONAL RECORD — HOUSE March 28, 1995 mandatory retirement policies for public safety Mr. MARTINEZ. Mr. Speaker, I yield Idaho-Wyoming—Proposed’’, dated Septem- agencies. If public safety agencies are ex- back the balance of my time. ber 1994, and are known as the Squirrel empted from the ADEA, those agencies who The SPEAKER pro tempore (Mr. Meadows Tract. (c) MAPS.—The maps referred to in sub- wish to experiment with testing in lieu of retire- MCINNIS). The question is on the mo- ment ages will be able to do so. But given the tion offered by the gentleman from Illi- sections (a) and (b) shall be on file and avail- able for inspection in the office of the uncertainty about the effectiveness, effects nois [Mr. FAWELL] that the House sus- Targhee National Forest in Idaho and in the and implications of using tests as a substitute pend the rules and pass the bill, H.R. office of the Chief of the Forest Service. for age, the Congress must not force every 849. public safety agency to implement them. This The question was taken; and—two- SEC. 3. EQUALIZATION OF VALUES. would be the effect if we did not enact an ex- thirds having voted in favor thereof— Prior to the exchange authorized by sec- emption. the rules were suspended, and the bill tion 1, the values of the Federal and non- I urge my colleagues to join me in support- Federal lands to be so exchanged shall be es- was passed. tablished by appraisals of fair market value ing passage of H.R. 849. All public safety em- A motion to reconsider was laid on that shall be subject to approval by the Sec- ployees must be fit, effective, and fully capa- the table. retary. The values either shall be equal or ble of fulfilling their duties. An ADEA exemp- f shall be equalized using the following meth- tion will assure that State and local police and ods: fire agencies will be able to pursue that goal GENERAL LEAVE (1) ADJUSTMENT OF LANDS.— using the same age-based employment cri- Mr. FAWELL. Mr. Speaker, I ask (A) PORTION OF FEDERAL LANDS.—If the teria which is now used by the FBI, the Secret unanimous consent that all Members Federal lands are greater in value than the non-Federal lands, the Secretary shall re- Service and other Federal public safety agen- may have 5 legislative days in which to cies. duce the acreage of the Federal lands until revise and extend their remarks on the the values of the Federal lands closely ap- Mr. WELDON of Pennsylvania. Mr. Speaker, bill just passed. I rise today to express my strong support for proximate the values of the non-Federal The SPEAKER pro tempore. Is there lands. H.R. 849, the Age Discrimination in Employ- objection to the request of the gen- (B) ADDITIONAL FEDERALLY-OWNED LANDS— ment Safety Exemption Act. As the founder of tleman from Illinois? If the non-Federal lands are greater in value the congressional fire services caucus, I have There was no objection. than the Federal lands, the Secretary may worked tirelessly to promote fire safety at the convey additional federally owned lands f national level. For this reason, I am a cospon- within the Targhee National Forest up to an sor of H.R. 849 and am grateful that my col- TARGHEE NATIONAL FOREST amount necessary to equalize the values of league from Illinois has brought this issue to LAND EXCHANGE the non-Federal lands and the lands to be the floor today. transferred out of Federal ownership. How- The ability of all public safety officers to per- Mr. HANSEN. Mr. Speaker, I move to ever, such additional federally owned lands form their duties at peak level is literally a suspend the rules and pass the bill shall be limited to those meeting the criteria matter of life or death for millions of Ameri- (H.R. 529) to authorize the exchange of for land exchanges specified in the Targhee cans. I can tell you first hand that the physical National Forest System lands in the National Forest Land and Resource Manage- ment Plan. demands of firefighting are overwhelming. For Targhee National Forest in Idaho for non-Federal lands within the forest in (2) PAYMENT OF MONEY.—The values may be this reason, in 1986, Congress agreed to ex- equalized by the payment of money as pro- empt fire and police departments from ADEA Wyoming, as amended. The Clerk read as follows: vided in section 206(b) of the Federal Land while an official study was conducted regard- Policy and Management Act of 1976 (43 ing the validity of age criteria for public safety H.R. 529 U.S.C. 1716(b)). occupations. The study verified what I have Be it enacted by the Senate and House of Rep- been saying for years, that the ability to work resentatives of the United States of America in SEC. 4. DEFINITIONS. For purposes of this Act: as a fire or police officer declines with age. Congress assembled, SECTION 1. AUTHORIZATION OF EXCHANGE. (1) The term ‘‘Federal lands’’ means the Fitness tests are not a valid alternative to Federal lands described in section 2(a). age limits. I've been surrounded by a 6-foot (a) CONVEYANCE.—Notwithstanding the re- quirements in the Act entitled ‘‘An Act to (2) The term ‘‘non-Federal lands’’ means wall of fire, and I'm telling you there is no ade- the non-Federal lands described in section quate simulation. In addition, fitness tests Consolidate National Forest Lands’’, ap- proved March 20, 1922 (16 U.S.C. 485), and sec- 2(b). have been consistently struck down by courts tion 206(b) of the Federal Land Policy and (3) The term ‘‘Secretary’’ means the Sec- as discriminatory. In absence of a valid fitness Management Act of 1976 (43 U.S.C. 1716(b)) retary of Agriculture. test, age limits ensure our public safety teams that Federal and non-Federal lands ex- The SPEAKER pro tempore. Pursu- are in peak condition. changed for each other must be located with- ant to the rule, the gentleman from In addition, this bill will continue to protect in the same State, the Secretary of Agri- Utah [Mr. HANSEN] will be recognized State and local governments who in the past culture may convey the Federal lands de- for 20 minutes, and the gentleman from have been threatened with costly litigation in scribed in section 2(a) in exchange for the non-Federal lands described in section 2(b) in New Mexico [Mr. RICHARDSON] will be their efforts to defend age policies. Lives are recognized for 20 minutes. at stake; we cannot let this issue become an- accordance with the provisions of this Act. (b) APPLICABILITY OF OTHER PROVISIONS OF The Chair recognizes the gentleman other litigation nightmare played out in our Na- LAW.—Except as otherwise provided in this from Utah [Mr. HANSEN]. tion's courts. Act, the land exchange authorized by this Mr. HANSEN. Mr. Speaker, I yield H.R. 849 is supported by those who are di- section shall be made under the existing au- myself such time as I may consume. rectly affected by its passage, the fire and po- thorities of the Secretary. Mr. Speaker, I rise in strong support lice officers who rely on the ability of their col- (c) ACCEPTABILITY OF TITLE AND MANNER OF leagues to perform each and every day. In ad- CONVEYANCE.—The Secretary shall not carry of H.R. 529, to authorize the exchange dition, the measure enjoys a broad and di- out the exchange described in subsection (a) of National Forest System lands in the verse range of support from organizations unless the title to the non-Federal lands to Targhee National Forest in Idaho for such as the AFL±CIO, the International Asso- be conveyed to the United States, and the non-Federal lands within the forest in form and procedures of conveyance, are ac- Wyoming. Sponsored by Mr. CRAPO of ciation of Fire Chiefs, the Fire Department ceptable to the Secretary. Safety Officers Association, the International Idaho, this legislation will facilitate SEC. 2. DESCRIPTION OF LANDS TO BE EX- the exchange of critical grizzly bear Association of Chiefs of Police, and the Na- CHANGED. tional Association of Counties to name but a (a) FEDERAL LANDS.—The Federal lands re- habitat in Wyoming for surplus Forest few. ferred to in this Act are located in the Service lands in Idaho. This is an equal Mr. Speaker, I support passage of H.R. 849 Targhee National Forest in Idaho, are gen- value exchange that benefits both par- and urge my colleagues to support Congress- erally depicted on the map entitled ‘‘Targhee ties. This legislation passed the House man FAWELL's efforts to strengthen our emer- Exchange, Idaho-Wyoming—Proposed, Fed- under suspension during the 103d Con- gency service teams. eral Land’’, dated September 1994, and are gress and I urge my colleagues to sup- Mr. MARTINEZ. Mr. Speaker, I have known as the North Fork Tract. port this measure once again. I thank (b) NON-FEDERAL LANDS.—The non-Federal no further requests for time. lands referred to in this Act are located in my good friend, the gentleman from Mr. FAWELL. Mr. Speaker, I, too, the Targhee National Forest in Wyoming, Idaho [Mr. CRAPO] for his work on this have no further requests for time, and are generally depicted on the map entitled issue and look forward to its final pas- I yield back the balance of my time. ‘‘Non-Federal Land, Targhee Exchange, sage. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3825

Mr. Speaker, I yield 5 minutes to the CUBIN] on this issue, with the Forest DAYTON AVIATION HERITAGE gentleman from Idaho [Mr. CRAPO]. Service, Ricks College and all other in- PRESERVATION ACT AMENDMENTS Mr. CRAPO. Mr. Speaker, I rise in terested parties to forge this agree- Mr. HANSEN. Mr. Speaker, I move to support of H.R. 529, the Targhee Na- ment and to encourage support by suspend the rules and pass the bill tional Forest Land Exchange bill. those in the House for this legislation. (H.R. 606) to amend the Dayton Avia- Before I begin, I want to thank Mr. HANSEN. Mr. Speaker, I reserve tion Heritage Preservation Act of 1992, Chairman HANSEN, the subcommittee the balance of my time. and for other purposes. staff, and the Forest Service for the Mr. RICHARDSON. Mr. Speaker, I The Clerk read as follows: outstanding work they have done on yield myself such time as I may behalf of this legislation. H.R. 606 consume. Legislation which is almost identical Be it enacted by the Senate and House of Rep- to H.R. 529 was passed by the House of (Mr. RICHARDSON asked and was resentatives of the United States of America in given permission to revise and extend Congress assembled, That section 201(b) of the Representatives on October 3, 1994. It Dayton Aviation Heritage Preservation Act was unfortunate that the 103d Congress his remarks.) Mr. RICHARDSON. Mr. Speaker, H.R. of 1992 (Public Law 102–419, approved October came to a close before the Senate could 16, 1992), is amended as follows: act on this legislation. However, I am 529 is a noncontroversial measure that (1) In paragraph (2), by striking ‘‘from rec- delighted that this noncontroversial authorizes an equal value interstate ommendations’’ and inserting ‘‘after consid- legislation is once again before the land exchange within the Targee Na- eration of recommendations’’. House of Representatives. tional Forest. Legislation is required (2) In paragraph (4), by striking ‘‘from rec- H.R. 529, as has been said by the gen- because the Forest Service does not ommendations’’ and inserting ‘‘after consid- eration of recommendations’’. tleman from Utah [Mr. HANSEN], would have authority to do land exchanges (3) In paragraph (5), by striking ‘‘from rec- allow the exchange of a section of prop- between two States. As a result of the ommendations’’ and inserting ‘‘after consid- erty in Wyoming known as Squirrel exchange authorized by the bill, the eration of recommendations’’. Meadows for parcels of National Forest Forest Service will receive a 95-acre (4) In paragraph (6), by striking ‘‘from rec- Service land located in Idaho. This is portion of a pristine and scenic tract of ommendations’’ and inserting ‘‘after consid- one of those exchanges where all par- land known as Squirrel Meadows in eration of recommendations’’. (5) In paragraph (7), by striking ‘‘from rec- ties are winners. Wyoming. The Forest Service will ex- This legislation requires a fair and ommendations’’ and inserting ‘‘after consid- change a developed 10-acre tract in equal land exchange. This land ex- eration of recommendations’’. Idaho that has numerous summer change involved approximately 26 acres The SPEAKER pro tempore. Pursu- of National Forest System lands and 95 homes owned by private individuals ant to the rule, the gentleman from acres of private land owned by Ricks but located on National Forest lands Utah [Mr. HANSEN] will be recognized College. leased to them by the Forest Service. for 20 minutes, and the gentleman from Situated on this forest service land H.R. 529 is similar to legislation that New Mexico [Mr. RICHARDSON] will be are several cabins owned by private passed the House in the last Congress. recognized for 20 minutes. citizens and a lodge, and these citizens The bill before us today has a number The Chair recognizes the gentleman own the cabins but not the land, and in of amendments that have been worked from Utah [Mr. HANSEN]. this exchange critical grizzly bear out to simplify the bill. With regards Mr. HANSEN. Mr. Speaker, I yield habitat will go to the Government for to the amendment deleting section 4, myself such time as I may consume. protection. The private citizens will be this matter was to be addressed in the Mr. Speaker, I rise in support of H.R. able to purchase the land on which committee report. The second amend- 606, a bill to make technical changes to their cabins sit and, therefore, solidify ment incorporates language suggested the Dayton Aviation Historic Preserva- their situation in the forest, and the by the Forest Service to correct the tion Act of 1992. Federal Government will be able to bill’s reference on the lands available This bill simply clarifies the author- benefit, as all are involved in accom- for exchange. ity of the Secretary in making appoint- plishing an objective that each believes Mr. Speaker, I support H.R. 529, as ments to the Dayton Aviation Heritage in and supports. amended, and recommend its adoption Commission. Although the language in Upon completion of the land ex- by the House. the bill is identical to that in many change, these cabin owners will be al- other park bills, the administration is Mr. HANSEN. Mr. Speaker, I yield lowed to purchase the land upon which seeking these technical changes to back the balance of my time. their buildings sit. Ricks College plans clarify the appointment powers of the Mr. RICHARDSON. Mr. Speaker, I, to use the proceeds from these land President. sales to purchase lands along the Yale- too, yield back the balance of my time. The bill would have no cost and I Kilgore Road in Island Park, ID. The The SPEAKER pro tempore. The urge my colleagues to support it. acquisition of the lands along the Yale- question is on the motion offered by Mr. Speaker, I reserve the balance of Kilgore Road will allow Ricks College the gentleman from Utah [Mr. HANSEN] my time. to more effectively administer its edu- that the House suspend the rules and Mr. RICHARDSON. Mr. Speaker, I cational programs. pass the bill, H.R. 529, as amended. yield myself such time as I may Within the confines of the private The question was taken; and (two- consume. lands being exchanged is situation 1 thirds having voted in favor thereof) (Mr. RICHARDSON asked and was grizzly bear habitat. The transfer of the rules were suspended, and the bill, given permission to revise and extend this private property to the ownership as amended, was passed. his remarks.) of the Forest Service will allow the A motion to reconsider was laid on Mr. RICHARDSON. Mr. Speaker, H.R. Forest Service to protect this unique the table. 606 is a noncontroversial bill intro- area which is capable of supporting via- duced by our good friend, the gen- ble grizzly bear populations. f tleman from Ohio [Mr. HALL], to deal The Forest Service has been in ex- with a technical matter in the appoint- tended negotiations to obtain the GENERAL LEAVE ment of members to the Dayton Avia- Squirrel Meadows property for some Mr. HANSEN. Mr. Speaker, I ask tion Heritage Commission by the Sec- time. This unanimously agreed upon unanimous consent that all Members retary of the Interior. The appoint- land transfer is a prime example of pri- may have 5 legislative days in which to ment procedure described in the Day- vate citizenry and conservation man- revise and extend their remarks on the ton Aviation Heritage Preservation agement taking the initiative to pro- bill just passed. Act of 1992, while identical to that in tect areas of environmental habitat The SPEAKER pro tempore. Is there legislation authorizing other such com- importance. objection to the request of the gen- missions, has drawn criticism from the Mr. Speaker, I appreciate the oppor- tleman from Utah? administration, which has expressed tunity we have had to work with the There was no objection. concern that it undercuts the Sec- gentlewoman from Wyoming [Mrs. retary’s appointment authority. For H 3826 CONGRESSIONAL RECORD — HOUSE March 28, 1995 this reason the gentleman from Ohio rections to the Dayton Aviation Heritage Pres- There was no objection. [Mr. HALL] introduced legislation to ervation Act, which became law in the 102d f preclude any conflicts or concerns Congress, and is identical to legislation ap- about the appointments to the commis- proved by the House in the last Congress NORTHWEST ATLANTIC FISHERIES sion. (H.R. 3559). CONVENTION ACT OF 1995 I am pleased to see the House move The Dayton Aviation Heritage Commission Mr. SAXTON. Mr. Speaker, I move to on this bill. The provisions of H.R. 606 is a Federal entity responsible for coordinating suspend the rules and pass the bill were passed by the House last Congress efforts at the Federal, State, and local levels as part of another measure which, un- to preserve and manage the historic resources (H.R. 622) to implement the Convention fortunately, was not enacted into law. of Miami Valley, OH, which is known for its on Future Multilateral Cooperation in Mr. Speaker, I support H.R. 606, I aviation history. the Northwest Atlantic Fisheries, as urge its adoption by the House, and I Public Law 102±419 established the Dayton amended. thank the Chair for helping us get this Aviation Heritage National Historical Park and The Clerk read as follows: legislation moved, and I think great the Dayton Aviation Heritage Commission, and H.R. 622 credit should go to the gentleman from contained a mechanism whereby the Sec- Be it enacted by the Senate and House of Rep- Ohio [Mr. HALL] for pursuing this issue. retary of Interior could appoint members to the resentatives of the United States of America in Mr. Speaker, I yield 5 minutes to the Commission. Although the appointment lan- Congress assembled, gentleman from Ohio [Mr. HALL]. Let guage in the law was identical to language SECTION 1. SHORT TITLE. me mention that the gentleman from used in the past to create similar such com- This Act may be cited as the ‘‘Northwest Ohio received incorrect information on missions, the administration found the lan- Atlantic Fisheries Convention Act of 1995’’. the timing of this bill that we just guage to be unconstitutional. SEC. 2. REPRESENTATION OF UNITED STATES passed on Dayton. I am going to yield H.R. 606 amends the Dayton Aviation Herit- UNDER CONVENTION. to him so he can take due credit for the age Preservation Act to clarify that the Sec- (a) COMMISSIONERS.— excellent legislation the gentleman retary of Interior need only consider the rec- (1) APPOINTMENTS, GENERALLY.—The Sec- just sponsored. ommendations of others in making appoint- retary shall appoint not more than 3 individ- Mr. HALL of Ohio. Mr. Speaker, I uals to serve as the representatives of the ments to the advisory commission established United States on the General Council and rise to support H.R. 606, a bill I have in- by that law. This legislation is clearly technical the Fisheries Commission, who shall each— troduced along with my Ohio col- in nature and would give the Secretary of Inte- (A) be known as a ‘‘United States Commis- leagues, Representatives HOBSON and rior greater discretion in appointing members sioner to the Northwest Atlantic Fisheries REGULA. The bill is identical to H.R. to the Commission. Again, this legislation is Organization’’; and 3559, which passed the House last year, identical to that which was approved by the (B) serve at the pleasure of the Secretary. but was not considered in the Senate. House, but did not receive Senate consider- (2) REQUIREMENTS FOR APPOINTMENTS.— H.R. 606 would amend Public Law ation. (A) The Secretary shall ensure that of the 102–419, the Dayton Aviation Heritage H.R. 606 is extremely important in allowing individuals serving as Commissioners— (i) at least 1 is appointed from among rep- Preservation Act of 1992, which estab- the Commission to carry out their missionÐ resentatives of the commercial fishing indus- lished the Dayton Aviation Heritage which is to work with the National Park Serv- try; National Historical Park and the Day- ice in the preservation of aviation historyÐa (ii) 1 (but no more than 1) is an official of ton Aviation Heritage Commission. significant aspect of Dayton's heritage which is the Government; and The purpose of the commission was to associated with the Wright Brothers and the (iii) 1, other than the individual appointed advise the National Park Service on early development of aviation. I would also like under clause (ii), is a voting member of the the management of the park and assist to point out that there is no cost involved with New England Fishery Management Council. the preservation of other significant this bill. (B) The Secretary may not appoint as a Commissioner an individual unless the indi- sites throughout the Miami Valley re- Mr. HALL and I, along with the Miami Valley vidual is knowledgeable and experienced con- lated to the Wright brothers and avia- community have worked together to create the cerning the fishery resources to which the tion history. Dayton Aviation Heritage Park, a park that will Convention applies. The administration expressed a con- bring to life the story of the Wright Brothers (3) TERMS.— cern over the process for appointing and the place where they grew up, invented (A) The term of an individual appointed as members of the commission. This bill the plane, and learned to fly. This legislation a Commissioner— addresses that concern by giving the is necessary to ensure the preservation of (i) shall be specified by the Secretary at Secretary of the Interior greater dis- Dayton's aviation history. the time of appointment; and (ii) may not exceed 4 years. cretion in appointing the members. Mr. Speaker, I urge support of this legisla- (B) An individual who is not a Government My community of Dayton, OH, is tion. official may not serve more than 2 consecu- very proud of its role in the history of Mr. HANSEN. Mr. Speaker, I yield tive terms as a Commissioner. aviation. It was here the Wright broth- back the balance of my time. (b) ALTERNATE COMMISSIONERS.— ers grew up and built the first airplane. Mr. RICHARDSON. Mr. Speaker, I, (1) APPOINTMENT.—The Secretary may, for It was also in the Dayton area that en- too, yield back the balance of my time. any anticipated absence of a duly appointed gineers at McCook Field, Wright Field, The SPEAKER pro tempore. The Commissioner at a meeting of the General and Wright-Patterson Air Force Base question is on the motion offered by Council or the Fisheries Commission, des- ignate an individual to serve as an Alternate made numerous contributions of na- the gentleman from Utah [Mr. HANSEN] Commissioner. tional significance to aviation tech- that the House suspend the rules and (2) FUNCTIONS.—An Alternate Commis- nology. Throughout the Miami Valley, pass the bill, H.R. 606. sioner may exercise all powers and perform aviation pioneers advanced the cause of The question was taken; and (two- all duties of the Commissioner for whom the flight and gave birth to the modern thirds having voted in favor thereof) Alternate Commissioner is designated, at aerospace industry. This bill will en- the rules were suspended, and the bill any meeting of the General Council or the sure the proper functioning of the com- was passed. Fisheries Commission for which the Alter- mission to help tell these stories to the A motion to reconsider was laid on nate Commissioner is designated. (c) REPRESENTATIVES.— the table. Nation and to the world. (1) APPOINTMENT.—The Secretary shall ap- H.R. 606 has bipartisan support. It f point not more than 3 individuals to serve as will result in no cost to the Federal the representatives of the United States on Government or the State or local gov- GENERAL LEAVE the Scientific Council, who shall each be ernments. I urge the passage of the Mr. HANSEN. Mr. Speaker, I ask known as a ‘‘United States Representative to bill. unanimous consent that all Members the Northwest Atlantic Fisheries Organiza- Mr. HOBSON. Mr. Speaker, I rise today in may have 5 legislative days in which to tion Scientific Council’’. revise and extend their remarks on the (2) ELIGIBILITY FOR APPOINTMENT.— strong support of H.R. 606, the Dayton Avia- (A) The Secretary may not appoint an indi- tion Preservation Heritage Act Amendments, bill just passed. vidual as a Representative unless the indi- which was introduced by my colleague Con- The SPEAKER pro tempore. Is there vidual is knowledgeable and experienced con- gressman HALL, and of which I am a cospon- objection to the request of the gen- cerning the scientific issues dealt with by sor. The legislation would make technical cor- tleman from Utah? the Scientific Council. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3827 (B) The Secretary shall appoint as a Rep- SEC. 5. INTERAGENCY COOPERATION. petent jurisdiction or, if perishable, in a resentative at least 1 individual who is an of- (a) AUTHORITIES OF SECRETARY.—In carry- manner prescribed by regulations issued by ficial of the Government. ing out the provisions of the Convention and the Secretary. (3) TERM.—An individual appointed as a this øtitle¿ Act, the Secretary may arrange (e) ENFORCEMENT.—The Secretary and the Representative— for cooperation with other agencies of the Secretary of the department in which the (A) shall serve for a term of not to exceed United States, the States, the New England Coast Guard is operating shall enforce the 4 years, as specified by the Secretary at the and the Mid-Atlantic Fishery Management provisions of this øtitle¿ Act and shall have time of appointment; Councils, and private institutions and orga- the authority specified in sections 311 (a), (B) may be reappointed; and nizations. (b)(1), and (c) of the Magnuson Act (16 U.S.C. (C) shall serve at the pleasure of the Sec- (b) OTHER AGENCIES.—The head of any Fed- 1861 (a), (b)(1), and (c)) for that purpose. retary. eral agency may— (f) JURISDICTION OF COURTS.—The district (d) ALTERNATE REPRESENTATIVES.— (1) cooperate in the conduct of scientific courts of the United States shall have exclu- (1) APPOINTMENT.—The Secretary may, for and other programs, and furnish facilities sive jurisdiction over any case or con- any anticipated absence of a duly appointed and personnel, for the purposes of assisting troversy arising under this section and may, Representative at a meeting of the Scientific the Organization in carrying out its duties at any time— Council, designate an individual to serve as under the Convention; and (1) enter restraining orders or prohibitions; an Alternate Representative. (2) accept reimbursement from the Organi- (2) issue warrants, process in rem, or other (2) FUNCTIONS.—An Alternate Representa- zation for providing such services, facilities, process; tive may exercise all powers and perform all and personnel. (3) prescribe and accept satisfactory bonds duties of the Representative for whom the SEC. 6. RULEMAKING. or other security; and Alternate Representative is designated, at The Secretary shall promulgate regula- (4) take such other actions as are in the in- any meeting of the Scientific Council for tions as may be necessary to carry out the terests of justice. purposes and objectives of the Convention which the Alternate Representative is des- SEC. 8. CONSULTATIVE COMMITTEE. ignated. and this øtitle¿ Act. Any such regulation (a) ESTABLISHMENT.—The Secretary of XPERTS AND ADVISERS.—The Commis- may be made applicable, as necessary, to all (e) E State and the Secretary, shall jointly estab- sioners, Alternate Commissioners, Rep- persons and all vessels subject to the juris- lish a consultative committee to advise the resentatives, and Alternate Representatives diction of the United States, wherever lo- Secretaries on issues related to the Conven- may be accompanied at meetings of the Or- cated. tion. ganization by experts and advisers. SEC. 7. PROHIBITED ACTS AND PENALTIES. (b) MEMBERSHIP.—(1) The membership of OORDINATION AND CONSULTATION.— (a) PROHIBITION.—It is unlawful for any (f) C the Committee shall include representatives (1) IN GENERAL.—In carrying out their func- person or vessel that is subject to the juris- from the New England and Mid-Atlantic tions under the Convention, Commissioners, diction of the United States— Fishery Management Councils, the States Alternate Commissioners, Representatives, (1) to violate any regulation issued under represented on those Councils, the Atlantic and Alternate Representatives shall— this øtitle¿ Act or any measure that is le- States Marine Fisheries Commission, the (A) coordinate with the appropriate Re- gally binding on the United States under the fishing industry, the seafood processing in- gional Fishery Management Councils estab- Convention; dustry, and others knowledgeable and experi- lished by section 302 of the Magnuson Act (16 (2) to refuse to permit any authorized en- enced in the conservation and management U.S.C. 1852); and forcement officer to board a fishing vessel of fisheries in the Northwest Atlantic Ocean. (B) consult with the committee established that is subject to the person’s control for ERMS AND REAPPOINTMENT.—Each purposes of conducting any search or inspec- (2) T under section 8 of this Act. member of the consultative committee shall ELATIONSHIP TO OTHER LAW.—The Fed- tion in connection with the enforcement of (2) R serve for a term of two years and shall be eli- eral Advisory Committee Act (5 U.S.C. App.) this øtitle¿ Act, any regulation issued under gible for reappointment. shall not apply to coordination and consulta- this øtitle¿ Act, or any measure that is le- (c) DUTIES OF THE COMMITTEE.—Members of gally binding on the United States under the tions under this subsection. the consultative committee may attend— Convention; SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE. (1) all public meetings of the General (3) forcibly to assault, resist, oppose, im- Council or the Fisheries Commission; (a) RESTRICTION.—The Representatives pede, intimidate, or interfere with any au- (2) any other meetings to which they are may not make a request or specification de- thorized enforcement officer in the conduct invited by the General Council or the Fish- scribed in subsection (b) (1) or (2), respec- of any search or inspection described in para- eries Commission; and tively, unless the Representatives have graph (2); (3) all nonexecutive meetings of the United first— (4) to resist a lawful arrest for any act pro- States Commissioners. (1) consulted with the appropriate Regional hibited by this section; (d) RELATIONSHIP TO OTHER LAW.—The Fed- Fishery Management Councils; and (5) to ship, transport, offer for sale, sell, eral Advisory Committee Act (5 U.S.C. App.) (2) received the consent of the Commis- purchase, import, export, or have custody, shall not apply to the consultative commit- sioners for that action. control, or possession of, any fish taken or tee established under this section. (b) REQUESTS AND TERMS OF REFERENCE DE- retained in violation of this section; or SCRIBED.—The requests and specifications re- (6) to interfere with, delay, or prevent, by SEC. 9. ADMINISTRATIVE MATTERS. ferred to in subsection (a) are, respectively— any means, the apprehension or arrest of an- (a) PROHIBITION ON COMPENSATION.—A per- (1) any request, under Article VII(1) of the other person, knowing that the other person son shall not receive any compensation from Convention, that the Scientific Council con- has committed an act prohibited by this sec- the Government by reason of any service of sider and report on a question pertaining to tion. the person as— the scientific basis for the management and (b) CIVIL PENALTY.—Any person who com- (1) a Commissioner, Alternate Commis- conservation of fishery resources in waters mits any act that is unlawful under sub- sioner, Representative, or Alternative Rep- under the jurisdiction of the United States section (a) shall be liable to the United resentative; within the Convention Area; and States for a civil penalty, or may be subject (2) an expert or adviser authorized under (2) any specification, under Article VIII(2) to a permit sanction, under section 308 of the section 202(e); or of the Convention, of the terms of reference Magnuson Act (16 U.S.C. 1858). (3) a member of the consultative commit- for the consideration of a question referred (c) CRIMINAL PENALTY.—Any person who tee established by section 8. to the Scientific Council pursuant to Article commits an act that is unlawful under para- (b) TRAVEL AND EXPENSES.—The Secretary VII(1) of the Convention. graph (2), (3), (4), or (6) of subsection (a) shall of State shall, subject to the availability of SEC. 4. AUTHORITIES OF SECRETARY OF STATE be guilty of an offense punishable under sec- appropriations, pay all necessary travel and WITH RESPECT TO CONVENTION. tion 309(b) of the Magnuson Act (16 U.S.C. other expenses of persons described in sub- The Secretary of State may, on behalf of 1859(b)). section (a)(1) and of not more than six ex- the Government of the United States— (d) CIVIL FORFEITURE.— perts and advisers authorized under section (1) receive and transmit reports, requests, (1) IN GENERAL.—Any vessel (including its 2(e) with respect to their actual performance recommendations, proposals, and other com- gear, furniture, appurtenances, stores, and of their official duties pursuant to this munications of and to the Organization and cargo) used in the commission of an act that øtitle¿ Act, in accordance with the Federal its subsidiary organs; is unlawful under subsection (a), and any fish Travel Regulations and sections 5701, 5702, (2) object, or withdraw an objection, to the (or the fair market value thereof) taken or 5704 through 5708, and 5731 of title 5, United proposal of the Fisheries Commission; retained, in any manner, in connection with States Code. (3) give or withdraw notice of intent not to or as a result of the commission of any act (c) STATUS AS FEDERAL EMPLOYEES.—A per- be bound by a measure of the Fisheries Com- that is unlawful under subsection (a), shall son shall not be considered to be a Federal mission; be subject to seizure and forfeiture as pro- employee by reason of any service of the per- (4) object or withdraw an objection to an vided in section 310 of the Magnuson Act (16 son in a capacity described in subsection (a), amendment to the Convention; and U.S.C. 1860). except for purposes of injury compensation (5) act upon, or refer to any other appro- (2) DISPOSAL OF FISH.—Any fish seized pur- and tort claims liability under chapter 81 of priate authority, any other communication suant to this øtitle¿ Act may be disposed of title 5, United States Code, and chapter 17 of referred to in paragraph (1). pursuant to the order of a court of com- title 28, United States Code, respectively. H 3828 CONGRESSIONAL RECORD — HOUSE March 28, 1995 SEC. 10. DEFINITIONS. H.R. 622 would authorize U.S. partici- tial if our fishermen are to have any In this øtitle¿ Act the following definitions pation in the North Atlantic Fisheries hope of access to the area in the future. apply: Organization—also known as NAFO. By requiring the United States to (1) AUTHORIZED ENFORCEMENT OFFICER.— The NAFO is an international body work cooperatively in an area of the The term ‘‘authorized enforcement officer’’ means a person authorized to enforce this established by convention in 1978 to ocean where fisheries important to our øtitle¿ Act, any regulation issued under this oversee certain fisheries existing be- own fishermen exist, H.R. 622 is the øtitle¿ Act, or any measure that is legally yond the 200-mile territorial seas of the second bill we will pass in 2 weeks that binding on the United States under the Con- United States, Canada, and Greenland signals U.S. dedication to multilateral vention. in the northwest Atlantic. The United management of high seas resources, it (2) COMMISSIONER.—The term ‘‘Commis- States participated in the negotiations is good for the fish and the fishermen, sioner’’ means a United States Commissioner and signed the original convention. and I urge Members to support it. to the Northwest Atlantic Fisheries Organi- While the other body consented to Mr. Speaker, I have no further re- zation appointed under section 2(a). membership to NAFO in 1983, Congress (3) CONVENTION.—The term ‘‘Convention’’ quests for time, and I yield back the means the Convention on Future Multilat- never enacted implementing legisla- balance of my time. eral Cooperation in the Northwest Atlantic tion to allow full participation in the Mr. YOUNG of Alaska. Mr. Speaker, my col- Fisheries, done at Ottawa on October 24, 1978. organization. And while U.S. fishermen league from Massachusetts, Mr. STUDDS, has (4) FISHERIES COMMISSION.—The term must abide by the NAFO treaty, these introduced H.R. 622, a bill to implement the ‘‘Fisheries Commission’’ means the Fisheries same fishermen are unable to formally Convention on Future Multilateral Cooperation Commission provided for by Articles II, XI, participate in the process that results in Northwest Atlantic Fisheries. This legislation XII, XIII, and XIV of the Convention. in the treaty. This legislation would will allow the United States to become a mem- (5) GENERAL COUNCIL.—The term ‘‘General allow just that. ber of the Northwest Atlantic Fisheries Organi- Council’’ means the General Council pro- Once again, this is a noncontrover- vided for by Article II, III, IV, and V of the zation [NAFO]. Convention. sial bill and I ask for your support. Currently, the United States is not an active (6) MAGNUSON ACT.—The term ‘‘Magnuson Mr. Speaker, I reserve the balance of member in NAFO, even though we were in- Act’’ means the Magnuson Fishery Conserva- my time. volved in the negotiations which created this tion and Management Act (16 U.S.C. 1801 et b 1500 organization in 1978. Since this organization is seq.). active in recommending how resources that (7) ORGANIZATION.—The term ‘‘Organiza- Mr. STUDDS. Mr. Speaker, I yield are harvested by U.S. fishermen are being tion’’ means the Northwest Atlantic Fish- myself such time as I may consume. managed and conserved, I support H.R. 622. eries Organization provided for by Article II Mr. Speaker, I rise in strong support of the Convention. of H.R. 622, legislation to implement This legislation will give the administration a (8) PERSON.—The term ‘‘person’’ means any the Convention on Future Multilateral more active role in NAFO's management and individual (whether or not a citizen or na- Cooperation in the Northwest Atlantic conservation recommendations, while giving tional of the United States), and any cor- Fisheries. U.S. fishermen greater access to the organiza- poration, partnership, association, or other tion's research. entity (whether or not organized or existing Two weeks ago, I stood in this spot describing for Members the drastic de- Mr. SAXTON. Mr. Speaker, I have no under the laws of any State). further requests for time, and I yield (9) REPRESENTATIVE.—The term ‘‘Rep- cline of commercial fisheries world- resentative’’ means a United States Rep- wide, and the need for all coastal na- back the balance of my time. resentative to the Northwest Atlantic Fish- tions to participate in international The SPEAKER pro tempore. The eries Scientific Council appointed under sec- agreements and organizations that pro- question is on the motion offered by tion 2(c). vide for the responsible conversation the gentleman from New jersey [Mr. (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci- and management of high seas re- SAXTON] that the House suspend the entific Council’’ means the Scientific Coun- rules and pass the bill, H.R. 622, as cil provided for by Articles II, VI, VII, VIII, sources. Demonstrating the U.S. com- mitment to such an effort, the legisla- amended. IX, and X of the Convention. The question was taken; and (two- (11) SECRETARY.—The term ‘‘Secretary’’ tion we passed that day encouraged the means the Secretary of Commerce. development of a multilateral manage- thirds having voted in favor thereof) ment agreement for pollock stocks in the rules were suspended and the bill, SEC. 11. AUTHORIZATION OF APPROPRIATIONS. as amended, was passed. There are authorized to be appropriated to the north Pacific. carry out this øtitle¿ Act, including use for Similarly, the bill we are considering A motion to reconsider was laid on payment as the United States contribution today, H.R. 622, would authorize U.S. the table. to the Organization as provided in Article participation in NAFO, an inter- f XVI of the Convention, $500,000 for each of national body established by conven- the fiscal years 1995, 1996, 1997, and 1998. tion in 1978 to manage certain valuable GENERAL LEAVE The SPEAKER pro tempore. Pursu- high seas fisheries in the northwest At- Mr. SAXTON. Mr. Speaker, I ask ant to the rule, the gentleman from lantic. Seventeen nations are party to unanimous consent that all Members New Jersey [Mr. SAXTON] will be recog- this convention. While the U.S. partici- may have 5 legislative days within nized for 20 minutes, and the gen- pated in the negotiation for NAFO, which to revise and extend their re- tleman from Massachusetts [Mr. signed the original convention, and the marks, and include extraneous mate- STUDDS] will be recognized for 20 min- Senate consented to membership in rial on H.R. 622, as amended, the bill utes. 1983, Congress has never enacted imple- just passed. The Chair recognizes the gentleman menting legislation to allow full par- The SPEAKER pro tempore. Is there from New Jersey [Mr. SAXTON]. ticipation in the organization. objection to the request of the gen- (Mr. SAXTON asked and was given In the past, U.S. fishermen have had tleman from New Jersey? permission to revise and extend his re- little interest in fishing in the NAFO There was no objection. marks.) regulatory area, so membership was Mr. SAXTON. Mr. Speaker, I yield not crucial. Recently, however, U.S. f myself such time as I may consume. fishing vessels have begun harvesting Mr. Speaker, I rise in support of H.R. fish in the NAFO area. Complicating FORT CARSON-PINON CANYON 622, noncontroversial legislation pend- this situation, is the fact that the MILITARY LANDS WITHDRAWAL ing before us today. United States is about to implement a ACT H.R. 622 is the implementation of the high seas fisheries treaty adopted at Mr. HEFLEY. Mr. Speaker, I move to Convention on Future Multilateral Co- the United Nations in November 1993. suspend the rules and pass the bill operation in the Northwest Atlantic That treaty would prohibit our vessels (H.R. 256) to withdraw and reserve cer- Fisheries. This bill was introduced by from fishing in the NAFO area unless tain public lands and minerals within the ranking minority member of the we are party to the NAFO convention. the State of Colorado for military uses, Fisheries, Wildlife and Oceans Sub- As a result, joining NAFO is not only and for other purposes. committee, Mr. STUDDS. the responsible thing to do, it is essen- The Clerk read as follows: March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3829 H.R. 256 rado, as generally depicted on the map enti- be developed not later than 5 years after the Be it enacted by the Senate and House of Rep- tled ‘‘Fort Carson Proposed Withdrawal— date of the enactment of this Act. resentatives of the United States of America in Fort Carson Maneuver Area—Pinon Canyon (c) IMPLEMENTATION OF MANAGEMENT Congress assembled, site’’, dated February 6, 1992, and published PLAN.— in accordance with section 4. (1) MEMORANDUM OF UNDERSTANDING RE- SECTION 1. SHORT TITLE AND TABLE OF CON- TENTS. SEC. 4. MAPS AND LEGAL DESCRIPTIONS. QUIRED.—The Secretary of the Army and the (a) SHORT TITLE.—This Act may be cited as (a) PREPARATION OF MAPS AND LEGAL DE- Secretary of the Interior shall enter into a the ‘‘Fort Carson-Pinon Canyon Military SCRIPTION.—As soon as practicable after the memorandum of understanding to imple- Lands Withdrawal Act’’. date of the enactment of this Act, the Sec- ment the management plan developed under (b) TABLE OF CONTENTS.—The table of con- retary of the Interior shall prepare maps de- subsection (b). tents for this Act is as follows: picting the lands withdrawn and reserved by (2) DURATION.—The duration of any such memorandum of understanding shall be the Sec. 1. Short title and table of contents. this Act and publish in the Federal Register a notice containing the legal description of same as the period of withdrawal specified in Sec. 2. Withdrawal and reservation of lands section 8(a). at Fort Carson Military Res- such lands. (3) AMENDMENT.—The memorandum of un- ervation. (b) LEGAL EFFECT.—Such maps and legal descriptions shall have the same force and derstanding may be amended by agreement Sec. 3. Withdrawal and reservation of lands of both Secretaries. at Pinon Canyon Maneuver effect as if they were included in this Act, except that the Secretary of the Interior (d) USE OF CERTAIN RESOURCES.—The Sec- Site. retary of the Army is authorized to utilize Sec. 4. Maps and legal descriptions. may correct clerical and typographical er- rors in such maps and legal descriptions. sand, gravel, or similar mineral or mineral Sec. 5. Management of withdrawn lands. material resources from the lands withdrawn Sec. 6. Management of withdrawn and ac- (c) AVAILABILITY OF MAPS AND LEGAL DE- SCRIPTION.—Copies of such maps and legal de- by this Act when the use of such resources is quired mineral resources. required for construction needs of the Fort Sec. 7. Hunting, fishing, and trapping. scriptions shall be available for public in- spection in the offices of the Colorado State Carson Reservation or Pinon Canyon Maneu- Sec. 8. Termination of withdrawal and res- ver Site. ervation. Director and the Canon City District Man- Sec. 9. Determination of presence of con- ager of the Bureau of Land Management and SEC. 6. MANAGEMENT OF WITHDRAWN AND AC- QUIRED MINERAL RESOURCES. tamination and effect of con- in the offices of the Commander of Fort Car- tamination. son, Colorado. Except as provided in section 5(d), the Sec- Sec. 10. Delegation. (d) COSTS.—The Secretary of the Army retary of the Interior shall manage all with- Sec. 11. Hold harmless. shall reimburse the Secretary of the Interior drawn and acquired mineral resources within Sec. 12. Amendment to Military Lands for the costs of implementing this section. the boundaries of the Fort Carson Military Withdrawal Act of 1986. SEC. 5. MANAGEMENT OF WITHDRAWN LANDS. Reservation and Pinon Canyon Maneuver Site in the same manner as provided in sec- Sec. 13. Authorization of appropriations. (a) MANAGEMENT GUIDELINES.— tion 12 of the Military Lands Withdrawal Act (1) MANAGEMENT BY SECRETARY OF THE SEC. 2. WITHDRAWAL AND RESERVATION OF of 1986 (Public Law 99–606; 100 Stat. 3466) for LANDS AT FORT CARSON MILITARY ARMY.—Except as provided in section 6, dur- RESERVATION. ing the period of withdrawal, the Secretary mining and mineral leasing on certain lands withdrawn by that Act from all forms of ap- (a) WITHDRAWAL.—Subject to valid existing of the Army shall manage for military pur- rights and except as otherwise provided in poses the lands covered by this Act and may propriation under the public land laws. this Act, the lands at the Fort Carson Mili- authorize use of the lands by the other mili- SEC. 7. HUNTING, FISHING, AND TRAPPING. tary Reservation, Colorado, that are de- tary departments and agencies of the De- All hunting, fishing, and trapping on the scribed in subsection (c) are hereby with- partment of Defense, and the National lands withdrawn and reserved by this Act drawn from all forms of appropriation under Guard, as appropriate. shall be conducted in accordance with sec- the public land laws, including the mining (2) ACCESS RESTRICTIONS.—When military tion 2671 of title 10, United States Code. laws, the mineral and geothermal leasing operations, public safety, or national secu- SEC. 8. TERMINATION OF WITHDRAWAL AND RES- laws, and the mineral materials disposal rity, as determined by the Secretary of the ERVATION. laws. Army, require the closure of roads and trails (a) TERMINATION DATE.—The withdrawal (b) RESERVATION.—The lands withdrawn on the lands withdrawn by this Act com- and reservation made by this Act shall ter- under subsection (a) are reserved for use by monly in public use, the Secretary of the minate 15 years after the date of the enact- the Secretary of the Army— Army is authorized to take such action, ex- ment of this Act. (1) for military maneuvering, training and cept that such closures shall be limited to (b) DETERMINATION OF CONTINUING MILI- weapons firing; and the minimum areas and periods required for TARY NEED.— (2) for other defense related purposes con- the purposes specified in this subsection. Ap- (1) DETERMINATION REQUIRED.—At least sistent with the uses specified in paragraph propriate warning notices shall be kept post- three years before the termination under (1). ed during closures. subsection (a) of the withdrawal and reserva- (c) LAND DESCRIPTION.—The lands referred (3) SUPPRESSION OF FIRES.—The Secretary tion established by this Act, the Secretary of to in subsection (a) comprise 3,133.02 acres of of the Army shall take necessary pre- the Army shall advise the Secretary of the public land and 11,415.16 acres of federally- cautions to prevent and suppress brush and Interior as to whether or not the Department owned minerals in El Paso, Pueblo, and Fre- range fires occurring within and outside the of the Army will have a continuing military mont Counties, Colorado, as generally de- lands as a result of military activities and need for any of the lands after the termi- picted on the map entitled ‘‘Fort Carson Pro- may seek assistance from the Bureau of nation date. posed Withdrawal—Fort Carson Base’’, dated Land Management in suppressing such fires. (2) METHOD OF MAKING DETERMINATION.—If February 6, 1992, and published in accordance The memorandum of understanding required the Secretary of the Army concludes under with section 4. by this section shall provide for Bureau of paragraph (1) that there will be a continuing SEC. 3. WITHDRAWAL AND RESERVATION OF Land Management assistance in the suppres- military need for any of the lands after the LANDS AT PINON CANYON MANEU- sion of such fires, and for a transfer of funds termination date established by subsection VER SITE. from the Department of the Army to the Bu- (a), the Secretary of the Army, in accordance (a) WITHDRAWAL.—Subject to valid existing reau of Land Management as compensation with applicable law, shall— rights and except as otherwise provided in for such assistance. (A) evaluate the environmental effects of this Act, the lands at the Pinon Canyon Ma- (b) MANAGEMENT PLAN.— renewal of such withdrawal and reservation; neuver Site, Colorado, that are described in (1) DEVELOPMENT REQUIRED.—The Sec- (B) hold at least one public hearing in Col- subsection (c) are hereby withdrawn from all retary of the Army, with the concurrence of orado concerning such evaluation; and forms of appropriation under the public land the Secretary of the Interior, shall develop a (C) file, after completing the requirements laws, including the mining laws, the mineral plan for the management of acquired lands of subparagraphs (A) and (B), an application and geothermal leasing laws, and the min- and lands withdrawn under sections 2 and 3 for extension of the withdrawal and reserva- eral materials disposal laws. for the period of withdrawal. The plan tion of such lands in accordance with the (b) RESERVATION.—The lands withdrawn shall— regulations and procedures of the Depart- under subsection (a) are reserved for use by (A) be consistent with applicable law; ment of the Interior applicable to the exten- the Secretary of the Army— (B) include such provisions as may be nec- sion of withdrawals for military uses. (1) for military maneuvering and training; essary for proper resource management and (3) NOTIFICATION.—The Secretary of the In- and protection of the natural, cultural, and other terior shall notify the Congress concerning a (2) for other defense related purposes con- resources and values of such lands; and filing under paragraph (3)(C). sistent with the uses specified in paragraph (C) identify those withdrawn and acquired (c) EARLY RELINQUISHMENT OF WITH- (1). lands, if any, which are to be open to mining DRAWAL.—If the Secretary of the Army con- (c) LAND DESCRIPTION.—The lands referred or mineral and geothermal leasing, including cludes under subsection (b) that before the to in subsection (a) comprise 2,517.12 acres of mineral materials disposal. termination date established by subsection public lands and 130,139 acres of federally- (2) TIME FOR DEVELOPMENT.—The manage- (a) there will be no military need for all or owned minerals in Las Animas County, Colo- ment plan required by this subsection shall any part of the lands withdrawn and reserved H 3830 CONGRESSIONAL RECORD — HOUSE March 28, 1995 by this Act, or if, during the period of with- (1) decontamination of any or all of the SEC. 12. AMENDMENT TO MILITARY LANDS WITH- drawal, the Secretary of the Army otherwise lands proposed for relinquishment is not DRAWAL ACT OF 1986. decides to relinquish any or all of the lands practicable or economically feasible; (a) USE OF CERTAIN RESOURCES.—Section withdrawn and reserved under this Act, the (2) the lands cannot be decontaminated 3(f) of the Military Lands Withdrawal Act of Secretary of the Army shall file with the sufficiently to allow them to be opened to 1986 (Public Law 99–606; 100 Stat. 3461) is Secretary of the Interior a notice of inten- the operation of the public land laws; or amended by adding at the end the following tion to relinquish such lands. (3) insufficient funds are appropriated for new paragraph: (d) ACCEPTANCE OF LANDS PROPOSED FOR the purpose of decontaminating the lands. ‘‘(2) Subject to valid existing rights, the RELINQUISHMENT.—Notwithstanding any (d) EFFECT OF CONTINUED CONTAMINATION.— Secretary of the military department con- other provision of law, the Secretary of the If the Secretary of the Interior declines cerned may utilize sand, gravel, or similar Interior, upon deciding that it is in the pub- under subsection (c) to accept jurisdiction of mineral or material resources when the use lic interest to accept jurisdiction over the lands proposed for relinquishment or if the of such resources is required for construction lands proposed for relinquishment, may re- Secretary of the Interior determines under needs on the respective lands withdrawn by voke the withdrawal and reservation estab- subsection (a)(2) that some of the lands with- this Act.’’. lished by this Act as it applies to the lands drawn by this Act are contaminated to an (b) TECHNICAL CORRECTION.—Section 9(b) of proposed for relinquishment. Should the de- extent that prevents opening the contami- the Military Lands Withdrawal Act of 1986 cision be made to revoke the withdrawal and nated lands to operation of the public land (Public Law 99–606; 100 Stat. 3466) is amended reservation, the Secretary of the Interior laws— by striking ‘‘section 7(f)’’ and inserting in shall publish in the Federal Register an ap- (1) the Secretary of the Army shall take lieu thereof ‘‘section 8(f)’’. propriate order which shall— appropriate steps to warn the public of the SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (1) terminate the withdrawal and reserva- contaminated state of such lands and any There are hereby authorized to be appro- tion; risks associated with entry onto such lands; priated such sums as may be necessary to (2) constitute official acceptance of full ju- (2) after the expiration of the withdrawal, carry out the purposes of this Act. risdiction over the lands by the Secretary of the Secretary of the Army shall undertake the Interior; and The SPEAKER pro tempore. Pursu- no activities on such lands except in connec- (3) state the date upon which the lands will ant to the rule, the gentleman from tion with decontamination of such lands; and be opened to the operation of the public land (3) the Secretary of the Army shall report Colorado [Mr. HEFLEY] will be recog- laws, including the mining laws if appro- nized for 20 minutes, and the gen- priate. to the Secretary of the Interior and to the Congress concerning the status of such lands tleman from New Mexico [Mr. RICHARD- SEC. 9. DETERMINATION OF PRESENCE OF CON- SON] will be recognized for 20 minutes. TAMINATION AND EFFECT OF CON- and all actions taken under paragraphs (1) TAMINATION. and (2). The Chair recognizes the gentleman (a) DETERMINATION OF PRESENCE OF CON- (e) EFFECT OF SUBSEQUENT DECONTAMINA- from Colorado [Mr. HEFLEY]. TAMINATION.— TION.—If the lands described in subsection (d) Mr. HEFLEY. Mr. Speaker, I yield are subsequently decontaminated, upon cer- (1) BEFORE RELINQUISHMENT NOTICE.—Be- myself such time as I may consume. tification by the Secretary of the Army that fore filing a relinquishment notice under sec- Mr. Speaker, at the outset, I would tion 8(c), the Secretary of the Army shall the lands are safe for all nonmilitary uses, the Secretary of the Interior shall reconsider like to thank my colleagues on the Na- prepare a written determination as to wheth- tional Security Committee and the Re- er and to what extent the lands to be relin- accepting jurisdiction over the lands. quished are contaminated with explosive, (f) EFFECT ON OTHER LAWS.—Nothing in sources Committee, particularly Chair- toxic, or other hazardous materials. A copy this Act shall affect, or be construed to af- man SPENCE, Chairman YOUNG, and of the determination made by the Secretary fect, the obligations of the Secretary of the ranking minority members, DELLUMS of the Army shall be supplied with the relin- Army, if any, to decontaminate lands with- and MILLER, for their willingness to quishment notice. Copies of both the relin- drawn by this Act pursuant to applicable consider H.R. 256 early in this session. law, including the Comprehensive Environ- quishment notice and the determination H.R. 256 would withdraw and reserve under this subsection shall be published in mental Response Compensation and Liabil- ity Act of 1980 (42 U.S.C. 9601 et seq.) and the certain public lands and minerals with- the Federal Register by the Secretary of the in El Paso, Pueblo, Teller, and Las Interior. Solid Waste Disposal Act (42 U.S.C. 6901 et (2) UPON TERMINATION OF WITHDRAWAL.—At seq.). Animas Counties in Colorado for mili- tary purposes. The bill would withdraw the expiration of the withdrawal period made SEC. 10. DELEGATION. 3,133 acres of public lands and minerals by this Act, the Secretary of the Interior The functions of the Secretary of the Army shall determine whether and to what extent under this Act may be delegated. The func- and another 11,415 acres of public do- the lands withdrawn by this Act are con- tions of the Secretary of the Interior under main mineral estate within the exist- taminated to an extent which prevents open- this Act may be delegated, except that the ing Fort Carson Military Reservation. ing such contaminated lands to operation of order referred to in section 8(d) may be ap- The bill would also withdraw 2,517 the public land laws. proved and signed only by the Secretary of acres of surface land and 130,139 acres (b) PROGRAM OF DECONTAMINATION.— the Interior, the Deputy Secretary of the In- (1) IN GENERAL.—Throughout the duration of minerals at the associated Pinon terior, or an Assistant Secretary of the De- Canyon maneuver site. of the withdrawal and reservation made by partment of the Interior. this Act, the Secretary of the Army, to the Since the 1930’s, the Army has used extent funds are made available, shall main- SEC. 11. HOLD HARMLESS. the lands on which Fort Carson was es- tain a program of decontamination of the (a) IN GENERAL.—The United States shall tablished, and the Pinon Canon maneu- lands withdrawn by this Act at least at the be held harmless and shall not be liable for ver site has been in use since the early level of effort carried out during fiscal year any injuries or damages to persons or prop- 1980’s. The legislation will help provide 1992. erty suffered in the course of any mining, the space necessary to improve train- (2) DECONTAMINATION OF LANDS TO BE RELIN- mineral activity, or geothermal leasing ac- QUISHED.—In the case of lands subject to a tivity conducted on lands comprising the ing for our Armed Forces. The prin- relinquishment notice under section 8(c) that Fort Carson Reservation or Pinon Canyon cipal uses of the withdrawn acreage are contaminated, the Secretary of the Army Maneuver Site, including liabilities to non- will be for mechanized training at bat- shall decontaminate the land to the extent Federal entities under section 107 or 113 of talion and brigade levels with related that funds are appropriated for such purpose the Comprehensive Environmental Response maneuvering, training, and weapons if the Secretary of the Interior, in consulta- Compensation and Liability Act of 1980 (42 firing. I want to note, however, that no tion with the Secretary of the Army, deter- U.S.C. 9607, 9613), or section 7003 of the Solid weapons firing will be conducted at mines that— Waste Disposal Act (42 U.S.C. 6973). Pinon Canyon due to environmental (A) decontamination of the lands is prac- (b) INDEMNIFICATION.—Any party conduct- ticable and economically feasible, taking ing any mining, mineral, or geothermal leas- constraints. into consideration the potential future use ing activity on lands comprising the Fort The Department of the Army and the and value of the land; and Carson Reservation or Pinon Canyon Maneu- Department of the interior have re- (B) upon decontamination, the land could ver Site shall indemnify the United States newed the withdrawal of mineral rights be opened to the operation of some or all of against any costs, fees, damages, or other li- controlled by the Bureau of Land Man- the public land laws, including the mining abilities (including costs of litigation) in- agement every 5 years. The previous laws. curred by the United States and arising from withdrawal expired on June 23, 1993. (c) AUTHORITY OF SECRETARY OF THE INTE- or relating to such mining activities, includ- The BLM has argued that these 5-year RIOR TO REFUSE CONTAMINATED LANDS.—The ing costs of mineral materials disposal, Secretary of the Interior shall not be re- whether arising under the Comprehensive withdrawals are too short, since envi- quired to accept lands proposed for relin- Environmental Response Compensation and ronmental assessment work leading up quishment if the Secretary of the Army and Liability Act of 1980, the Solid Waste Dis- to the renewals take about 8 years. the Secretary of the Interior conclude that— posal Act, or otherwise. Thus, the bill before the House includes March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3831 a 15-year withdrawal period. This is that we can get it passed and move on suant to clause 1(b) of rule XXIII, declare the consistent with the Military Lands to other things. House resolved into the Committee of the Withdrawal Act of 1986 and with earlier Mr. Speaker, I have no further re- Whole House on the state of the Union for legislation which provided a 15-year quests for time, and I yield back the consideration of the joint resolution (H.J. balance of my time. Res. 73) proposing an amendment to the Con- withdrawal for Nellis Air Force Base in stitution of the United States with respect Nevada. Mr. RICHARDSON. Mr. Speaker, I to the number of terms of office of Members The Army would prefer a 25-year yield 4 minutes to the gentleman from of the Senate and the House of Representa- withdrawal period because of the sub- Texas [Mr. ORTIZ], the ranking member tives. The first reading of the joint resolu- stantial lead time required to comply of the Subcommittee on National Secu- tion shall be dispensed with. General debate with all statutory and administrative rity. shall be confined to the joint resolution and shall not exceed three hours equally divided requirements to process military land Mr. ORTIZ. Mr. Speaker, let me thank the gentleman from Colorado, and controlled by the chairman and ranking withdrawals. However, the Army can minority member of the Committee on the Chairman HEFLEY, for the outstanding support this compromise of a 15-year Judiciary. After general debate the joint res- withdrawal period. job he has done. olution shall be considered for amendment I would note that the text of the bill Mr. Speaker, I would like my col- under the five-minute rule. The joint resolu- you see before you is virtually iden- leagues to know that there is no con- tion shall be considered as read. No amend- tical to legislation which passed the troversy with respect to this legisla- ment shall be in order except those specified tion. This bill passed the Committee on in the report of the Committee on Rules ac- House in the previous two Congresses. National Security without dissent. An companying this resolution. Each amend- As I said, Fort Carson’s immediate identical bill previously passed the ment may be offered only in the order speci- past mineral withdrawal expired on House of Representatives and has fied in the report, may be offered only by a June 23, 1992. That withdrawal has been passed the U.S. Senate. It passed the Member designated in the report, may be extended, both administratively and considered notwithstanding the adoption of a Committee on Resources on January 18 through a 1-year legislative extension previous amendment in the nature of a sub- of this year by a vote of 42 to 0. The De- in 1992. This is an important adminis- stitute, shall be considered as read, shall be partment of the Army and the Bureau trative matter, and I hope the other debatable for one hour equally divided and of Land Management support this bill. controlled by the proponent and an oppo- body will move quickly on this legisla- Mr. Speaker, I ask for support of this nent, and shall not be subject to amendment. tion so that we can send this measure legislation. If more than one amendment is adopted, to the White House for the President’s Mrs. SCHROEDER. Mr. Speaker, I rise in then only the one receiving the greater num- signature. ber of affirmative votes shall be considered support of H.R. 256. As my colleagues have I urge my colleagues to support this as finally adopted. In the case of a tie for the stated, there is no opposition to this bill. This legislation. greater number of affirmative votes, then is the second year this bill has been taken up. Mr. Speaker, I reserve the balance of only the last amendment to receive that It has been favorably reported out of both the number of affirmative votes shall be consid- my time. Natural Resources and National Security ered as finally adopted. At the conclusion of Mr. RICHARDSON. Mr. Speaker, I Committees. I would like to thank my col- consideration of the joint resolution for yield myself such time as I may leagues involved who have put so much work amendment the Committee shall rise and re- consume. into getting this bill to the floor. port the joint resolution to the House with (Mr. RICHARDSON asked and was Mr. RICHARDSON. Mr. Speaker, I such amendment as may have been finally given permission to revise and extend adopted. The previous question shall be con- have no further requests for time, and sidered as ordered on the joint resolution his remarks.) I yield back the balance of my time. Mr. RICHARDSON. Mr. Speaker, this and any amendment thereto to final passage The SPEAKER pro tempore. The without intervening motion except one mo- is the third time the House has consid- question is on the motion offered by tion to recommit with or without instruc- ered this legislation, having passed it the gentleman from Colorado [Mr. tions. previously in both the 102d and 103d HEFLEY] that the House suspend the The SPEAKER pro tempore. The gen- Congress. H.R. 265 would withdraw and rules and pass the bill, H.R. 256. tleman from Florida [Mr. GOSS] is rec- reserve for military use certain public The question was taken; and (two- ognized for 1 hour. lands and minerals in two existing thirds having voted in favor thereof) Mr. GOSS. Mr. Speaker, for the pur- military-use areas, the Fort Carson the rules were suspended and the bill pose of debate only, I yield the cus- Reservation and the Pinon Canyon ma- was passed. tomary 30 minutes to the gentleman neuver area, both in Colorado. A motion to reconsider was laid on from California [Mr. BEILENSON], pend- I would note that H.R. 256 differs the table. ing which I yield myself such time as I from the version of the bill that passed f may consume. During consideration of the House in the last Congress. The bill this resolution, all time yielded is for now includes amendments that were GENERAL LEAVE the purposes of debate only. adopted by the Senate Energy and Nat- Mr. HEFLEY. Mr. Speaker, I ask Mr. Speaker, I am honored to open ural Resources Committee in the bill unanimous consent that all Members this historic debate and mindful of the they reported to the Senate last year. may have 5 legislative days within significance of our discussion. As we If the Senate had been able to pass the which to revise and extend their re- speak, reports suggest that there are bill, it is my understanding that the marks on H.R. 256, the bill just passed. not yet enough votes to pass the con- House would have likely gone along The SPEAKER pro tempore. Is there stitutional amendment limiting Mem- with those changes. objection to the request of the gen- bers terms. A loss on this issue will be Mr. Speaker, I hope for the sponsor, tleman from Colorado? decried by some as failure—but that Representative HEFLEY’s sake, that the There was no objection. would miss the point. It is a victory to third time around on this legislation is f be here having this debate, to have a the charm. I support the legislation rule that forces Members to come clean and recommend its adoption by the PROVIDING FOR CONSIDERATION on where they really stand on term House. OF HOUSE JOINT RESOLUTION 73, limits. We promised this vote—and we Mr. Speaker, I reserve the balance of TERM LIMITS CONSTITUTIONAL have delivered. It was not so long ago, my time. AMENDMENT that Tom Foley was Speaker of this Mr. HEFLEY. Mr. Speaker, I yield Mr. GOSS. Mr. Speaker, by direction House—the same man who sued the myself such time as I may consume. of the Committee on Rules, I call up people of his own State over this ques- Mr. Speaker, I would comment in re- House Resolution 116 and ask for its tion; the same man who refused to sponse to the comment of the gen- immediate consideration. allow term limits to come to the floor tleman from New Mexico [Mr. RICHARD- The Clerk read the resolution, as fol- for an honest vote. We may or may not SON], this has become like the cherry lows: have the 290 votes when all is said and blossoms. It is a rite of springtime here H. RES. 116 done here this week, but either way the in Washington. I hope this is the last Resolved, That at any time after the adop- issue of term limits is not going away. time we have to look at this bill, and tion of this resolution the Speaker may, pur- There are 22 States with term limits; 80 H 3832 CONGRESSIONAL RECORD — HOUSE March 28, 1995 percent of Americans want term limits; sponsors and those senior, status-quo During the Rules Committee consid- and there is another election coming in Democrats who will speak up for it eration of this rule, we offered an November 1996. The final vote taken have never supported term limits, have amendment that would have allowed here Thursday afternoon will be irref- never introduced such a bill, and did any of the versions of term-limit pro- utable to our constituents, as they nothing when their party controlled posals to be amended to provide for ret- watch to see where we stand individ- this House to move that debate to the roactive coverage. Unfortunately, our ually and collectively. It is a vote that floor. It is a smokescreen and it should amendment was rejected. The result is matters and Members should know be defeated. that the membership will not have the there is no place to hide. Mr. Speaker, Florida is a term limits opportunity to consider the issue of Mr. Speaker, this rule offers Mem- State—the voters there have spoken retroactivity with respect to three of bers a chance to consider the major is- for an 8-year limit on Members’ terms. the four different versions. sues involved in this debate. The rule As a long-time believer in the need to Aside from the procedural aspects of makes in order as base text House shake up the status quo, create some this debate, the substance of the term- Joint Resolution 73. I should note that national parity and still respect limits issue is extremely troubling to this text is the same as was used as the States’ rights to establish their own, many of us. chairman’s mark in the Judiciary Com- more stringent limits—I believe the We are all mindful of current popular mittee. Although the committee adopt- best option before this House is the sentiment on this issue which favors ed some amendments, the reported ver- Hilleary proposal. Still, the most im- limiting the number of terms a person sion came forward without rec- portant mission we have this week is may serve in the House or in the Sen- ommendation, without much commit- to verify if 290 votes exist to pass na- ate. tee support on either side of the aisle tional term limits—in one form or an- But limiting the number of terms a and without a prime sponsor. The rule other. I urge my colleagues to listen person may serve would deny citizens a allows 3 hours of general debate, equal- closely to what the American people very fundamental civic right—the right ly divided and controlled by the chair- are asking us to do. Either way, we will to choose the people whom they want man and ranking member of the Judi- establish some clear accountability. to be their voice in Washington. Voters ciary Committee, after which Members Our constituents should appreciate would be prohibited from choosing to will have the chance to vote on four that. substitutes, with 1 hour of debate on return to the Congress, after either 6 b each. The minority was consulted and 1615 years or 12 years, as the case may be, a given the choice of which substitute to Mr. Speaker, I reserve the balance of Representative or a Senator who is offer, and has chosen to present the 12- my time. serving them to their satisfaction—and year, so-called retroactive Peterson- Mr. BEILENSON. Mr. Speaker, I representing them better than they be- Dingell version. Subsequent to that yield myself such time as I may lieve any of their electoral competitors vote, Members will vote on a 6-year consume. would. And never again would they proposal offered by Representative Mr. Speaker, we object to this rule, have the opportunity to be represented INGLIS and then a 12-year measure that and to the resolution that it makes in by someone who has more than 12 does not preempt State limits offered order. The issue before us—term limits years, or possibly more than just 6 by Representative HILLEARY. Last, for Members of the House of Represent- years, of experience in the Congress. Members will have a chance to cast atives and the Senate—goes to the Imposing a term limit is like saying their votes for or against the 12-year heart of our form of government, and it that the American people cannot be McCollum proposal, the version that is will be instructive for the House of trusted to meet the challenge of self- contained in the base text of House Representatives to conduct a debate on government. Joint Resolution 73. Once the amend- this extremely important matter. But Experience in legislative work is val- ment process is complete, the sub- we have reservations about the proce- uable, just as it is in teaching, medi- stitute that earns the most votes will dure for considering this matter and, cine, law, engineering, carpentry, and be considered for final passage—the more importantly, we hope and expect every other profession or vocation. winner-take-all approach—at which that the outcome of this historic de- Knowledge and wisdom are derived time, because this is a constitutional bate, will be the failure of all four ver- from experience in legislating, just as amendment, 290 votes are needed. As is sions of this ill-advised initiative. they are from experience in any other customary, the rule provides for one Mr. Speaker, although the rule job. motion to recommit, with or without makes in order four different ap- How foolish and destructive it would instructions. proaches to term limits, there is one be, to remove all of the most experi- Mr. Speaker, I expect this to be a fas- critical aspect of this issue that this enced legislators from the U.S. Con- cinating debate. Recognizing that very rule does not adequately address, and gress, and to ensure that the Congress sincere and thoughtful people strongly that is the question of retroactive cov- will, for the rest of time, be composed oppose the concept of terms limits, erage. Many on our side believe that, entirely of relatively inexperienced passage is far from certain. But the as a matter of equity and fairness, if Members. How utterly senseless it mere fact that we are having this de- we are going to limit the number of would be to obliterate all the long- bate—and the coming series of votes— terms that Members who are first term institutional memory that exists at all, suggests just how much change elected in the future may serve in the among the men and women of this has taken place in this Capitol since Congress, we ought to count the time great institution. January 4. already spent here by Members, at the Term limits would indiscriminately The fundamental, bottom line dis- time, term limits take effect. That is sacrifice too many experienced, effec- tinction that will be drawn in this to say, we should not treat ourselves as tive, intelligent, honest, and skilled process is the one most Americans are new Members for the purposes of legislators of all political stripes. watching for: Who supports term limits counting the number of terms once Knowledge is power. If we remove for Congress. We can expect a fair these limits take effect. from Congress the Representatives and amount of ducking and weaving by While it is true that one of the four Senators who have the most in-depth those Members who want to appear versions of the term limit proposals knowledge of the issues, who have had committed to term limits but might made in order by this rule, the Peter- the most years of experience working prefer that term limits disappear with- son-Dingell substitute, would provide on those issues, then we will greatly out enough votes for passage. Ameri- that previous service shall be taken empower congressional staff, lobbyists, cans should not be fooled by the at- into account when determining the and Federal bureaucrats—Washington’s tempt of long-time term limits oppo- number of terms a Member may serve, permanent bureaucracy, as they are nents to change the subject to one of the issue of retroactivity is important even now often referred to—because so-called retroactivity. Americans enough that the membership ought to they will be the only people in and should consider the source of that pro- be able to consider it for each of the around the Capitol who have any insti- posal. Keep in mind that most of its four alternatives to be put before us. tutional memory. Members will be far March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3833 more dependent on them for under- that they cannot stay for more than a essary, we are now poised to vote on standing what it is the House or Senate very few years, legislators come into them. is considering, than we are now. office looking for ways to use their Mr. Speaker, term limits would make No matter how dedicated they are to short stint to make their next career Congress less responsive and less effec- the public interest, congressional staff, move. tive, not more so. They would deny the lobbyists, and bureaucrats are not Many leave after 3 or 4 years and right of citizens to choose whom they elected by citizens to represent them in take jobs in the industries they have want to represent them in Congress; the Congress, and they are not ac- been overseeing as legislators, or they they would ensure that Congress is countable to the voters. They do not to look for other offices to run for. Two composed entirely of relatively inexpe- derive their power from standing for years from now, there will not be any- rienced legislators; and they would en- election every 2 years, as we do. I can one in Sacramento, except staff and hance the already considerable power think of nothing more damaging to lobbyists, who has any kind of institu- of unelected and unaccountable staff, representative government—to the re- tional memory. The citizens of Califor- lobbyists, and bureaucrats. sponsiveness of our political system— nia are being poorly served under these Mr. Speaker, I urge our colleagues to than to reduce the power of those who circumstances, and it would be a grave vote no on the rule and no on all ver- are accountable to the voters, and to error to extend this failing system to sions of the term-limit constitutional enhance the power of those who are our national legislature as well. amendment that this rule makes in not. Mr. Speaker, I am among the major- order. I have had the opportunity to pre- ity of members of our party who find Over the past 30 years, 14 constitutional view, you might say, the effect of term myself in disagreement with many of amendments have been considered by the limits when I served on the House Per- the initiatives that have been brought House of Representatives. Nearly half of the manent Select Committee on Intel- forth by our new Speaker, the gen- amendments (6) were considered under open ligence several years ago. As Members tleman from Georgia [Mr. GINGRICH] rules. know, until this year, Members were and his colleagues in the majority, OPEN RULE—6 prohibited from serving for more than 6 across the aisle. But I take comfort in 89th Congress (1965–1966): H.J. Res. 1—Pres- years at a time on that important com- the fact that Mr. GINGRICH has been idential succession. Considered under an mittee. here for 16 years and understands the open rule providing for four hours of general Even though virtually every member institution. I seriously doubt that the debate. of the committee had had several years accomplishments of these past 3 91st Congress (1969–1971): H.J. Res. 681—Di- of experience in Congress, we had no months—like them or not—would have rect election of the President. Considered one on the committee who had any ex- been possible if the Speaker, and the under an open rule providing six hours of perience overseeing the operations of other members of the new leadership, general debate. the intelligence community that ex- and the new committee Chairs, were 92nd Congress (1971–1972): H.J. Res. 223– Vote for 18 year olds. Considered under an tended beyond 6 years. Most of us not the seasoned legislators that in open rule providing two hours of general de- found that it took us about 3 or 4 years fact they are. bate. H.J. Res. 208—Equal Rights Amend- just to learn the intricacies of the is- Every Member of this body who is ments. Considered under an open rule provid- sues involved in intelligence oper- considering voting for term limits ing four hours of general debate. ations, and then we had just 2 years to ought to think long and hard about 94th Congress (1975–1976): H.J. Res. 280–DC really use that expertise—to be in a po- whether we are truly serving the best Congressional Representation. Considered sition where we could pose challenging interests of the American people if we under an open rule providing three hours of questions to the heads of the CIA and force the House of Representatives, for- general debate. other intelligence agencies and make ever more, to elect leaders who have no 95th Congress (1977–1978): H.J. Res. 280–DC Congressional Representation. Considered sensible decisions about the tens of bil- more than 10 years of previous experi- under an open rule providing two hours of lions of dollars of appropriations for ence here—or worse, under the 6-year general debate. those agencies that it was our respon- limit proposed by the gentleman from DISCHARGE OF CONSTITUTIONAL AMENDMENT—2 sibility to make. After those 2 years, South Carolina [Mr. INGLIS] to elect Members would rotate off the commit- leaders who have no more than 4 years 92nd Congress (1971–1972): H.J. Res. 191— tee and would be replaced by new mem- of previous experience in the House. School Prayer. 96th Congress (1979–1980): H.J. Res. 74— bers, who would take 3 to 4 years to get Mr. Speaker, we are sympathetic to School Assignment. up to speed on these difficult and ar- the frustration people feel about the cane issues before the committee. Congress—that somehow, the system is SUSPENSION—2 The loss of the most experienced just not working, that Congress is not 98th Congress (1983–1984): H.J. Res. 1— Members was a serious hindrance to solving the problems that people back Equal Rights Amendment. the committee’s effectiveness—so seri- home care about. But more rapid turn- 101st Congress (1989–1990): H.J. Res. 350— Flag Protection. Provided five hours of gen- ous, in fact, that with strong support over in Congress is not the answer. eral debate. on both sides of the aisle, we have, just There is already a huge turnover. Well this year, extended the terms on the more than half of the current members KING-OF-THE-HILL—4 committee to four terms, or 8 years, of the House were first elected since 97th Congress (1981–1982): H.J. Res. 450— with a fifth term, or 10 years, for the 1990 and, of course, the high turnover Balanced Budget. chairman. in the last election also resulted in the 101st Congress (1989–1990): H.J. Res. 268— Balanced Budget. Those of us from California have also change in party control here. It is iron- 102nd Congress (1991–1992): H.J. Res. 290— observed what has happened in the ic that, having just emerged from an Balanced Budget. California State Legislature, which election which made the strongest case 103rd Congress (1993–1994): H.J. Res. 103— now has a 6-year term limit. Knowing imaginable that term limits are unnec- Balanced Budget. FLOOR PROCEDURE IN THE 104TH CONGRESS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1 ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5 ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to limit N/A. debate on section 4; Pre-printing gets preference. H.J. Res. 2 ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House, no amendments ...... N/A. H.R. 2 ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665 ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666 ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667 ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668 ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728 ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7 ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729 ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. H 3834 CONGRESSIONAL RECORD — HOUSE March 28, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

S. 2 ...... Senate Compliance ...... N/A Closed; Put on suspension calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self-Em- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; waives all points of order; Contains 1D. ployed. self-executing provision. H.R. 830 ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450 ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022 ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926 ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925 ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amendments 1D. in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legisla- tive bill against the committee substitute used as base text. H.R. 1058 ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaness against it. H.R. 988 ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956 ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amendments 8D; 7R. from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion pro- N/A. vision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amend- ments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73 ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ proce- 1D; 3R. dure and denies 21 germane amendments from being considered. H.R. 4 ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. ** 78% restrictive; 22% open. **** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not in- cluded in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. Speaker, I reserve the balance of nent governing class that would rule cision not to include term limits in the my time. from Washington and lose touch with Constitution was based upon free and Mr. GOSS. Mr. Speaker, I yield 3 the citizens they were elected to rep- open debate. Regrettably, we will not minutes to the gentleman from Geor- resent. But that is not what we are de- see free and open debate here because gia [Mr. LINDER], a very valuable mem- bating here today. We are debating a the Rules Committee has only per- ber of the Rules Committee who has rule that will allow the U.S. House of mitted that four amendments will be helped us craft this very fair rule. Representatives its first opportunity available to the legislation before us. b 1530 ever to hold ample discussions about So, again, we have a rule which, as all the merits of limiting our service in will note is closed again. Mr. LINDER. Mr. Speaker, I thank this body. Having said that, it was only just a the gentleman for yielding time to me. There are Members on both sides of few minutes after the House convened Mr. Speaker, this is an extraordinary the aisle who have honest disagree- on January 4 that the first piece of leg- day for those of us who believe that the ments about the merits of term limits. islation was brought to this body under American people are better served by Nonetheless, when 70 percent of the a closed rule. Democrats argued that dentists, teachers, and football players American people support something, this was unfair. Republicans said, Do than by career politicians. there should be a vote on the issue on not worry. There will be free and fair I strongly support the rule that will the floor of this Chamber. The Amer- debate in the future. That we still allow for the consideration of House Joint Resolution 2, the constitutional ican people have been denied this de- await. amendment to limit the terms of Mem- bate for far too long, and an affirma- We have now an amendment to the bers of the House and the Senate. I am tive vote on this rule grants them that Constitution of the United States that pleased that four distinct constitu- debate. will be considered, again, under a tional amendments will be considered This is the first rule on term limits closed rule. It is interesting to note to address the major aspects of the in the history of this House, and it is a that it was so sloppily done in the term limits movement. The rule per- fair rule. I urge my colleagues to sup- Committee on the Judiciary that it mits 3 hours of general debate and en- port House Resolution 116 and bring was not even possible for the Commit- ables the House to engage in a full and the term limits debate to the floor of tee on Rules to make that particular fair debate on the length of the term the people’s house. pronouncement by the Committee on limits, the question of retroactivity, Mr. BEILENSON. Mr. Speaker, for the Judiciary in order. and whether State law can be pre- the purpose of debate only, I yield 3 It is interesting to note that that empted by Federal law. minutes to the distinguished gen- proposal has been rejected in its en- It is important to note that, in the tleman from Michigan [Mr. DINGELL]. tirety and we now have a quite dif- past, the Judiciary Committee has (Mr. DINGELL asked and was given ferent matter than that which was never even considered term limit reso- permission to revise and extend his re- originally laid before the House by the lutions. Furthermore, the full House marks.) Committee on the Judiciary. has never been permitted the oppor- Mr. DINGELL. Mr. Speaker, I thank One interesting thing, and I speak tunity to consider, debate, or vote on my colleagues from the Committee on now as the dean of this body, a Member term limit resolutions. As you may re- Rules for having made available this who has served longer than anybody member, supporters of the term limits opportunity for me to offer an amend- else, about the legislation is that it movement were forced to file a dis- ment to the legislation before us. does not count the prior service of all charge petition in a futile attempt to When our Founding Fathers debated of us who have served here. And so get a discussion of this legislation last the term limitation idea 200 years ago while we bravely and boldly say we are year. The Rules Committee was ex- and more, they decided it was a bad going to limit terms, we are limiting traordinarily fair in approving four idea. That was as a result of extensive terms only of those in the future. And term limit substitutes in this first-ever debate on the merits and flaws of put- I will be permitted to serve here some- debate, and it is really rather disingen- ting additional qualifications on per- where between the year 2014 and the uous for those who frustrated this de- sons seeking election to the Congress year 2019. And every other Member who bate for decades to argue that we are of the United States. is here will have somewhere between 14 limiting debate. It was the feeling of the Founding and 19 years. I support term limits and personally Fathers that those decisions should be Now, we are being charged outside of believe that our Founding Fathers left to the voters, a wise judgment and these halls with this being a hypo- never intended for there to be a perma- one which I always supported. The de- critical act. I am not going to say March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3835 whether it is hypocrisy or is not. But quo. They rose up on November 8 of ought to talk about at that time is clearly, this is not term limits which is last year and said, We want change; we tattooing on everybody’s forehead going to affect anybody who is not in want it now. We do not want to wait their spoil date when they get elected this chamber. Indeed it is only going to for eons or decades or years. We want so we can remind people when we are affect those who will follow us. And all change now. And today this hour, this supposed to rot. This is kind of an of us here present will be able to serve evening and this week we are going to amendment saying that all of us will long enough to qualify fully for our give them that change in this body by rot after 6 years or 8 years or 12 years pensions and to achieve the very con- fully and fairly and openly debating or whatever in public office. tinued circumstance about which ev- whether or not the people of this coun- However, if you switch public office erybody complains. And that is, on this try deserve to be able to themselves de- and go to be a Governor or go to be a side, that we have served here too long cide, as our Founding Fathers believed Senator or go to be a President or go and that we must have some kind of a they have the right to decide, whether back and be a mayor or go to the State purgative which will clean this institu- or not to have term limits. house, no, no, you can move laterally tion. If that is what we should do and Mr. Speaker, I stand here and say through the chairs anyway you want if we are going to amend the Constitu- thank you for allowing me and thank to. You just cannot stay in the same tion, then it should be done by having the chairman of this distinguished chair and learn the job well. it have immediate effect, not retro- body for allowing me the opportunity That does not make a lot of sense to active. Just say if you have served here to be present at that debate. I say let me. But there are many things in here and it is evil to serve here so long, then the debate begin, and I say let the peo- that I think it is like a lot of reforms. what we should do is to see to it that ple have term limits so a breath of It sounded terrific. When you peel it the term limits should apply fairly to fresh air can indeed continue to squeak away and start looking at it and think- all and that all should depart according through these great chambers. ing about how it is going to apply, you to the vote. Mr. BEILENSON. Mr. Speaker, for begin to understand why our fore- We look to see how many of the en- purposes of debate only, I yield 4 min- fathers turned this idea down over 200 thusiasts for term limits will be voting utes to the distinguished gentlewoman years ago and why they continued to for real term limits or whether they from Colorado [Mrs. SCHROEDER]. turn it down for over 200 years. And I will want to shaft. Mrs. SCHROEDER. Mr. Speaker, I am not too sure they were not really Mr. GOSS. Mr. Speaker, I would just thank the gentleman from California right, when you look at it all. But I respond to the previous speaker who so for yielding time to me. think it is very sad that many Mem- eloquently spoke about retroactivity, Mr. Speaker, I must say, I really do bers could not offer amendments to and so forth, that of the 22 States that think this is business as usual. I find it point out these different nuances, and have voted for term limits, not 1, re- very, very disappointing that we have we could not have an open debate peat, not 1 has gone the retroactive this rule in front of us today. Right around here. route. And where it has been tested in after this, all of this election happened, I think we know why. The fear is State elections, it has been defeated. I the then Speaker-Elect GINGRICH prom- Members are going to leave the res- think that is worth noting. ised that each of the 10 items in the ervation or they could not get enough Mr. Speaker, I yield 2 minutes to the contract would come up under an open votes or they had to find some way to distinguished gentleman from Georgia rule. Well, here we are. And guess strong-arm Members around one pro- [Mr. BARR]. what? That has not happened, over and posal or another. But this is just too Mr. BARR. Mr. Speaker, I thank the over again. serious an issue. distinguished gentleman from Florida But on this specific item, as briefly The Constitution is not a rough draft for yielding time to me. or as shortly ago as March 9, the gen- that we change every week. The Con- Mr. Speaker, what an historic day, tleman from Georgia, Congressman stitution has been a wonderful docu- particularly for a freshman in this LINDER, came to the floor and an- ment that has held this great republic great body to be at the present, at the nounced this would come up under an together for over 200 years. Now every creation, present at the inception, open rule. Well, guess what? Here we time we look, we have got another present at the beginning of the first de- are, and it did not happen. amendment like this one coming at it, bate in modern times over whether or Now, what has happened here? There saying, on my goodness, the republic is not the people of this great country were 30 amendments printed in the only going to hold unless we can get will at long last, will themselves at RECORD. Not one will be made in order. this amendment through. long last have the opportunity to de- Instead, they have carefully crafted a I do not think we should do this, but cide if they want, not if we want, but if little rule where four substitutes will I certainly hope we vote against the they want limits on the number of be made in order. And guess what? rule. It is certainly contrary to every- years that our Senators and our Mem- Three of them are Democratic. So I do thing we have been told this year bers of Congress can serve. not see any way you can say that this would happen. It certainly is not open. Mr. Speaker, it may be that those on is a fair rule or an open rule or we are Mr. GOSS. Mr. Speaker, I yield my- the other side of the aisle find some- going to be able to come forward and self such time as I may consume. thing nefarious here, find a hidden have the kind of debate that everybody I would just congratulate the gentle- agenda, or are whining or complaining was told at the beginning of this ses- woman from Colorado for being con- about the rule under which this debate sion would happen on each of these in- sistent, as I believe we have been. She is being initiated. But I stand here and dividual items. said at the Committee on Rules meet- say, praise the leaders of this Congress, We have seen this pattern go on and ing that the Constitution is not a praise the leaders of this party, praise on over and over again, and I really rough draft. Indeed, it is not. We all the leaders of the committees, includ- think it is really rather tragic. It cer- agree. ing the distinguished chairman of the tainly is a turnoff for the Members who It is for that reason we do not have Committee on the Judiciary in which worked hard, came forward with an open rule. Never do we practice con- we had full and fair debate on these is- amendments that they felt were very stitutional amendments under open sues, for bringing this issue at long last sincere, had them printed in the rules. I think if you go back and look to this floor so that we can make a de- RECORD so every one had notice. And at the times, the 40 years when your cision that the people of the 50 States then what happens? The Committee on party was in the majority and you were can themselves decide. Rules unilaterally just shoves them all leading from that side, the treatment Because if we do not give them that off the table and says, We are not going was the same. opportunity, then for all practical pur- to hear about any of those. What we promised and what I think poses, they will not have the oppor- I could debate the substance of this, we are being consistent about, in the tunity for their voice to be heard and too. And I guess we are, sometime a lit- spirit of all that goes into the Contract heard indeed it must, because the peo- tle later on, going to debate the sub- With America, is open debate and fair ple of this country are tired of business stance of it. One of the things I rules to give the ideas a chance to be as usual. They are tired of the status thought we ought to do, maybe we deliberately discussed on the floor. H 3836 CONGRESSIONAL RECORD — HOUSE March 28, 1995 I think that opportunity is present. laws enacted in 22 States in this coun- Members of this House who will be op- Mrs. SCHROEDER. Mr. Speaker, will try. Thousands of dedicated individuals erating under those statutes of the 22 the gentleman yield? gathered signatures on petitions in States, and possibly somewhere in ex- Mr. GOSS. I yield to the gentle- parking lots all across the country. cess of 160 of them may already have woman from Colorado. Twenty-five million people have cast their terms expired. Mrs. SCHROEDER. But what we un- ballots in favor of imposing term lim- Mr. Speaker, I think we should have derstood was you were being very criti- its on Members of Congress from their had a clear-cut shot at a proposition cal of the fact and said that these States. that would say 12 years outer limit, things should come up under open My amendment is the only one which specifically, we do not preempt State rules. And we had an announcement on will clearly protect the hard work and statutes, and everybody stands on the the floor on March 9, that there would wishes of these people. I thank the same footing. If it is going to be retro- be an open rule or at least some of the leadership for making this amendment active, in my opinion, even though I 30 amendments would be considered or in order, and urge all of my colleagues am not one of those 22 States and it some of the Democratic amendments to support this very fair rule, but no will not apply to me, I think it is not would be considered. matter which version emerges from the fair to our colleagues from those 22 I mean, I find it very interesting that Queen of the Hill procedure, I urge all States to say that ‘‘Your time in serv- you say this is a revolution. We cannot my colleagues to vote for term limits ice in office is the only one that will tolerate the Democratic leadership on final passage. The people want it. anymore. And then whenever we start The time has come. Please vote for have effect.’’ That to me is not putting to say, now, wait a minute, what have term limits, no matter which version us all on the same footing. For that you done here? You say, Well, the emerges. reason, I will vote against the rule. Democrats did it. Mr. BEILENSON. Mr. Speaker, I Mr. GOSS. Mr. Speaker, I am hon- That is why I started out by saying yield 3 minutes to the gentleman from ored to yield 2 minutes to my col- this looks like business as usual. We Georgia [Mr. DEAL]. league, the distinguished gentlewoman thought there was going to be a chance Mr. DEAL of Georgia. Mr. Speaker, I from Florida [Mrs. FOWLER], who I here to openly debate this issue, which rise today in support of term limits, must point out has been the architect I think is very important. but I likewise rise in opposition to this of one of the amendments that we are rule. I would like to explain briefly not going to specifically debate, but b 1545 why. has been enfolded into some others. Mr. GOSS. Reclaiming my time, Mr. As we look at the term limits debate, She has been very generous in that Speaker, I am sure the gentlewoman Mr. Speaker, there are basically three context, and not only that, she has does not mean to imply that business issues that arise. Unfortunately, I do been a real advocate of this issue for a as usual under the Democrats was an not believe that we have a clear shot at long time. I congratulate her on that. inhospitable thing. Surely that was not a vote on any version that separates Mrs. FOWLER. Mr. Speaker, I rise in the case. the three issues. strong support of this rule. Mrs. SCHROEDER. Mr. Speaker, if The first issue is the number of As many of my colleagues know, I the gentleman will continue to yield, I years. Is it 6 years, is it 8 years, is it 12 am the sponsor of the 8-year term-lim- would not imply that, but that was the years? We will have variations of the its bill. In addition to my own State of gentleman’s implication and the number of years to vote on. Florida, Ohio, Missouri, and Massachu- Speaker’s implication when they took The second issue is preemption: Do setts have all passed 8-year limits on over. I just think it is interesting that we intend by a Federal constitutional their Members of Congress. just a few weeks in power, and the gen- amendment to say to the States that While this rule does not provide for a tlemen’s party finds out the Democrats they shall not or that they shall be al- vote on my specific 8-year proposal, it were not so off base after all. lowed to fix lower limits by their State does respect the rights of my State and Mr. GOSS. Reclaiming my time, and law? I, for one, believe that they should thanking the gentlewoman for her part the 21 other States with term-limits have that option. laws and that is why I support it. in this colloquy, I still believe we all The third issue is prior service, or All but one of the amendments made agree that is not appropriate to have retroactivity: Will terms that have pre- in order under this rule preserve an open rule on a constitutional viously been served prior to the ratifi- States’ abilities to pass 8-year limits. amendment, which this is proposing to cation of a term limits amendment Phil Handy, chairman of the ‘‘Eight Is be. count, or will they not count? Mr. Speaker, I yield 2 minutes to the Recognizing early in this session that Enough’’ term-limits campaign in distinguished gentleman from Ten- there was no clear constitutional Florida, has endorsed this rule in a let- nessee [Mr. HILLEARY], who has crafted amendment that set those propositions ter to the Speaker. what I think is one of the most worthy forth, on January 27 of this year I, It is unfortunate that the media and of the substitutes for consideration. I along with several of my Democratic term-limits opponents have focused on am sure it will be much discussed and and Republican colleagues, introduced the differences between term-limits get much interest during the debate. a constitutional amendment which set supporters over the numbers of 6, 8, or Mr. HILLEARY. Mr. Speaker, I a 12-year outer limit with specific lan- 12 years. thank the gentleman for yielding time guage that said we did not preempt I hope that my support of this rule to me. State statutes, that gave them right to clarifies once and for all that the only Mr. Speaker, I want to take this op- set lower limits if they chose to do so, difference that really exists is the one portunity to thank the gentleman for but that would not have retroactive ef- between those who support term limits bringing this issue to a vote. I ada- fect. and those who do not. mantly support the rule which will Unfortunately, Mr. Speaker, the This rule will make sure that distinc- allow the House for the first time to thing that comes closest to our propo- tion is perfectly clear when we vote on vote on term limits in a recorded vote, sition, which we did submit to the final passage. what we promised in the Contract With Committee on Rules and which was re- Mr. BEILENSON. Mr. Speaker, I America, and we are delivering on it. jected, will be the Hilleary amend- yield 3 minutes to the gentleman from This is a fair rule which will give all ment. However, the Hilleary amend- Montana [Mr. WILLIAMS]. Members the chance to demonstrate to ment will say 12 years outer limit, spe- Mr. WILLIAMS. Mr. Speaker, I thank their constituents that they either sup- cific reference to the States to pass the gentleman for yielding time to me. port or oppose term limits. This rule lower limits if they choose to do so, Mr. Speaker, I am opposed to this will, in my opinion, flush out the pre- but will give prior service of those 22 rule, not necessarily because I think tenders for the election cycle in 1996. States that have enacted State laws the rule is good or bad, but I just prefer In addition, under this rule Members those retroactive effects, so by the not to have term limits on the floor at will have the opportunity to vote on time this constitutional amendment all. I oppose them, and therefore op- my amendment, which is the only one would be ratified under the Hilleary pose the vehicle to bring them to the that clearly protects the term limit version, we very likely will have 225 floor, and thus oppose this rule. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3837 Mr. Speaker, I oppose term limits be- But, when the American people swept vote just like Goldilocks tested her cause I am against any abridgment of a new majority into the House for the porridge in the bears’ cabin. the right of voters to choose. Term first time in 40 years, they were as- Some of them do not like 6 year lim- limits limit the right of voters to sured that not only would Congress de- its—this porridge is too hot. choose. I am not so arrogant to think bate the issue, we would bring it to a Some of them do not like 12 year lim- that I am better at this than James vote within the first 100 days. Today we its—this porridge is too cold. Madison, or the other Founders of the are here to fulfill that promise. Well guess what, Republicans, it will Constitution, who were very careful to As the term limit debate has devel- not take the American people very protect the right of the citizens of the oped this year, I have been struck that long to figure out that you did not try United States of America to select those most vigorously supporting ret- very hard to find an option that was their representatives. That is a critical roactive term limits are the very same just right for everyone. Instead, you right in this representative form of Members who worked to block consid- crafted a confusing, repetitive rule, Government. We should protect, not di- eration of term limits in the past. Out that would divide the votes enough to minish it. of the 22 State-passed term limits, not sabotage final passage. Term limits do not restrict the au- one has been made retroactive. In fact, You might as well stop the debate thority of the Federal Government. only one State has put a retroactive now. Because term limits cannot pass They do restrict the rights of the citi- term limit on the ballot, Washington under this rule, so why bother with the zens. Term limits do not increase the State, and that initiative was defeated. charade? power of the voter. They enhance the Since I was curious to know what raw authority of lobbyists. They en- these colleagues had previously said b 1600 about making term limits retroactive, hances the power of career congres- Get with it. There are Members of I obtained a copy of the transcript sional staff. They enhances the author- the Republican Party who do not want from hearings held on November 18, ity of bureaucrats. If we want ever term limits. It is all a big joke to pass 1993, and June 29, 1994, by the Sub- stronger executive branch Government committee on Civil and constitutional the Contract With America. and ever more powerful Presidents, Rights of the Committee on the Judici- Mr. GOSS. Mr. Speaker, I yield such this enhances the Presidency at the ex- ary the only hearings on this issue time as he may consume to the distin- pense of the people’s House. prior to the 104th Congress. I went guished gentleman from New York [Mr. This pedestrian effort to change the through the transcript page by page SOLOMON], chairman of the Committee wisdom that the Founders of this coun- and I need to point out that I could not on Rules. try put into the basic document of this find a single reference or discussion on (Mr. SOLOMON asked and was given land is wrong. However, there is one making term limits retroactive. permission to revise and extend his re- good thing about having this bill on Three years ago my State of Utah marks.) the floor. The American people are passed a 12-year congressional term Mr. SOLOMON. Mr. Speaker, I rise in going to learn something about hypoc- limit. In fact, we are the only State in the strongest possible support of this risy. Yes, they are going to learn some- which the legislature acted to pass rule where Members can now put their thing about hypocrisy. term limits. The Founding Fathers mouth where their vote is and vote for Any Member of this House who wants never intended for congressional serv- term limits. It is badly needed. to vote for limiting themselves to six ice to be a lifetime job. They correctly Mr. Speaker, this is a historic occasion. terms or 12 years may do so and if they envisioned a citizen legislature that Today, we begin debate on a term-limits con- vote for it and they have served here would pass laws and then return to the stitutional amendment. The House has never more than 12 years, 12 years or more, private sector to live under those laws. before voted on term-limit legislation, let alone they should quit. Otherwise, the Amer- Instead, we ended up with a Congress a term-limits constitutional amendment. In fact, ican people might claim some hypoc- that had a 90 percent re-election rate the House has never even had the chance to risy among those Members of the for the last 10 years—the same period debate term limits before. I am very excited House. during which our national debt sky- that we in Congress will finally get a chance We will also have an opportunity to rocketed—and an average tenure of 27 to debate and vote on term-limit legislation limit the terms to three, no more than years for the previous House leader- and make this Congress more responsive, 6 years. Those Members who vote for ship. and, more importantly, more responsible to the it, whether it passes or it does not, The strength of the grass-roots term limits American people. should quit at the end of their third movement expresses the American people's In recent years, term-limit proposals have term. To do less might be seen by the frustration with the status quo. They are fed become increasingly popular among the Amer- American people as hypocrisy, and I, up with Congress' free-wheeling spending ican people, having overwhelming supportÐ for one, would agree with them. I think habits. They want us to bring the deficit and especially with people frustrated with Govern- we are about to separate the hypocrites the Federal debt under control. A constitu- ment gridlock at the Federal level. from the others. tional amendment imposing congressional Since 1990, 21 of 24 States that have the Mr. GOSS. Mr. Speaker, it gives me term limits will take us a step in the right direc- initiative process have passed ballot measures pleasure to yield 2 minutes to the dis- tion and break down the elite power structure limiting congressional terms. And these initia- tinguished gentlewoman from Utah that too many in Congress have enjoyed for tives have passed with 60 to 70 percent of the [Mrs. WALDHOLTZ], an extremely im- too long. vote. There are now 22 States with congres- portant Member who holds down the I urge my colleagues to support the rule and sional term limits. In fact, I have introduced end of the dais of the Committee on support final passage. term-limit legislation for the last 8 years here Rules. Mr. BEILENSON. Mr. Speaker, for in Congress. Mrs. WALDHOLTZ. Mr. Speaker, as a purposes of debate only, I yield 2 min- Opponents of term limits will point to the member of the Rules Committee I am utes to the gentleman from Massachu- 1994 elections as a reason against any term- proud to stand in support of this rule. setts [Mr. MEEHAN]. limit legislation. But I would point to the last For the first time ever, Congress will Mr. MEEHAN. Mr. Speaker, I am a 10, 15, and 20 years where the reelection rate finally vote on a constitutional amend- supporter of term limits. of Members of Congress was well over 90 ment limiting the number of terms an Mr. Speaker, I rise today in opposi- percent. Incumbency provides an artificial ad- elected Representative can serve. tion to the rule. This rule proves to me vantage to Members; an advantage the Fram- The American people have become that the Republican leadership has no ers of our Constitution never intended. increasingly disillusioned with their intention of passing term limits this But I think the most compelling reason for elected officials, and with good cause. week. term limits is the almost $5 trillion debt that Despite the fact that 8 out of 10 Ameri- You see, the Republicans promised this entrenched Congress has accumulated. cans support term limits, for years the the American people a vote on term This debt was accumulated because Congress Democrat-controlled Congress ignored limits in the Contract With America. could not prioritize its spending and could not the will of the people and arrogantly But ever since the elections, they have say no to some of the unnecessary spending refused to even debate the issue. approached the pending term limits programs we have here. H 3838 CONGRESSIONAL RECORD — HOUSE March 28, 1995 Congress has not been able to balance its tion now on this critical issue. I urge I also think the idea of granting per- budget since 1969. If fact, this year's budget an ‘‘aye’’ vote on the rule. manently in the Constitution the right deficit is growing over $500 million a day. This Mr. BEILENSON. Mr. Speaker, at the to States to decide what the term lim- kind of irresponsible governing is robbing our moment we do not have any other its might be under a 12-year cap might children and grandchildren of their future. Yet speakers, and I reserve the balance of be wrong. You would always end up Congress was not able to pass a balanced my time. with some States having 6 or 8 or some budget amendment this year. For that reason (Mr. BEILENSON asked and was other number of years and that would alone, I think we should pass term limits. given permission to include extraneous be bad public policy. It is my hope that term limits will go a long material.) My judgment also is with 22 States way toward bringing back the citizen-states- Mr. GOSS. Mr. Speaker, it gives me having passed term limits without man: Someone who came to Congress, not to great pleasure to yield 3 minutes to the retroactivity, and the one having come get reelected, but to govern. Someone able to distinguished gentleman from Florida up in Washington and having voted it get the Federal Government's fiscal house in [Mr. MCCOLLUM], another colleague of down, retroactivity would be a bad order. mine. He is known as the engineer of idea. This is why I believe term limits are nec- the term limits momentum, a man who I think we need to have a simple, essary and I urge strong support of the rule deserves to be heard on this subject. straightforward 12 for the House and and the term-limits constitutional amendment. Mr. MCCOLLUM. Mr. Speaker, I Senate, uniformity as much as possible Mr. GOSS. Mr. Speaker, again I want thank the gentleman for yielding me in the Nation and hopefully when the to reiterate what the gentlewoman the time. Supreme Court is done that will be the from Utah [Mrs. WALDHOLTZ] said. It is Mr. Speaker, this is indeed a historic result. curious that the minority, that used to occasion. We are about to vote on a Most important we need term limits, be the majority, when they were ma- rule to bring before this Congress for we need to limit the time people can jority and they were talking about the first time in history, as my col- serve. We need to restore to this body term limits, retroactivity never the checks and balances the Founding league from Florida, Mr. CANADY, just showed up, so we are a little astonished said, a vote on the floor of the House of Fathers envisioned who never could that that seems to be the main menu Representatives on the question of lim- have seen instead of serving 2 at most, today. iting the terms of Members of the U.S. we are now serving year round and in- But in any event, I yield 1 minute to stead of having citizen legislators who House and Senate. This is historic in my colleague, the distinguished gen- conduct their own businesses, we actu- many ways. tleman from Florida [Mr. CANADY] ally have rules that prohibit us from The Founding Fathers could never chairman of the subcommittee, who earning money out in professions like have envisioned a Congress today that has done yeoman’s work. law and accounting and so forth. is a full-time, career-oriented Con- Mr. CANADY of Florida. Mr. Speak- I urge my colleagues in the strongest gress. If we are going to control this er, I thank the gentleman for yielding of terms to vote the rule out that gives career orientation, if we are going to me this time. us that opportunity. The Democrats put some restraints on the desire of Mr. Speaker, I rise in support of the did not let us have a vote in 40 years. Members of this body by the natural rule for consideration of a constitu- Now we are going to have a chance to propensities that people have to want tional amendment to limit the terms have one. I urge my colleagues to vote of Members of the U.S. Senate and to be reelected and to try to please yes on final passage. House of Representatives. every interest group that is out there Mrs. SCHROEDER. Mr. Speaker, will In keeping with the Republican Con- in decisions like on the budgets, we the gentleman yield? simply must have term limits, we must tract With America this rule provides Mr. MCCOLLUM. If I have any time for votes on proposed constitutional limit the lengths of time somebody can remaining, I yield to the gentlewoman amendments to limit the terms of serve in the House and Senate. from Colorado. Members. This is the first time in the If we are going to put a permanent Mrs. SCHROEDER. I thank the gen- history of this Nation that the U.S. rule in place, not just a rule passed by tleman for yielding. The gentleman House of Representatives will vote on the Republicans as we did this year says when people go to the polls they the issue of limiting the terms of Mem- when we got in power, but put it in per- ought to vote based on whether or not bers of the House and Senate. Specifi- manently to limit the amount of time their Member voted for term limits. cally, the contract promises, and this somebody can serve as chairman of a Should they also vote whether the rule provides for, votes on a constitu- full committee or serve in the leader- Member has been in longer than they tional amendment to limit Senators ship in key positions to something re- voted? and House Members to 12 years of serv- sponsible like 6 years, then we have to Mr. MCCOLLUM. Eighty percent of ice in each body, the McCollum amend- have term limits, something that is in the American public favor term limits. ment, and an amendment to limit Sen- the Constitution of the United States. They will have that choice. ators to 12 years and House Members to There are going to be a number of op- Mr. GOSS. Mr. Speaker, I am happy 6 years of service, the Inglis amend- tions as to what they are, but the bot- to yield 1 minute to the distinguished ment. In addition, the rule provides for tom line is whatever that is the Amer- gentleman from New York [Mr. BOEH- consideration of two additional amend- ican people, more than 70 percent, LERT]. ments which will allow the Members to often as high at 80 percent who support (Mr. BOEHLERT asked and was given fully debate issues of concern, includ- term limits should hold every one of us permission to revise and extend his re- ing application of the limits to sitting accountable at the polling place next marks.) Members of Congress prior to ratifica- year to vote for the final passage of Mr. BOEHLERT. Mr. Speaker, I have tion, the so-called retroactivity issue, this particular proposal, whatever the no particular problem with the rule. It and the effect of the proposals on term limit is. I happen to favor 12 and is the subject of the rule to which I ob- State-enacted term limits. 12, 12 for the House and 12 in the Sen- ject: term limits. I know all the stand- Mr. Speaker, 22 states have adopted ate and that it be permanent. That is ard arguments that if we have term term limits for their Members of Con- my proposal. It is not retroactive and limits the unelected bureaucracy, the gress. The American people have grown it will protect the States, I believe, career staff that are here year after tired of entrenched incumbents con- under a decision that is going to be year, will run the institution and not trolling their lives from Washington. rendered by the U.S. Supreme Court the people’s chosen representatives, Term limits are in keeping with this shortly. and that the professional lobbyists will Nation’s tradition of democracy and In my judgment it would be a very become even more important because freedom. Term limits will give power bad deal if there were a lesser number they will be here year after year and back to the States and to the people to of years for House Members, as some not the people’s chosen representative run their own lives and make their own propose, because it would make the who will be in the revolving door. But decisions. This Congress must listen to House a weaker body vis-a-vis the Sen- I will tell you this. The most compel- the people of this Nation and take ac- ate. ling argument against term limits is March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3839 this: The compelling mission of Gov- order. The entire purpose of commit- Contract With America all around the ernment is to expand our options and tees is to refine issues in a manner country talking about the need to choices, not limit them. proper for floor consideration. This bring in term limits. My Democratic I have not had the advantage of con- makes a mockery of that. colleagues were honest about it; they versations with our Founding Fathers, Mr. Speaker, this rule is a fraud and did not run on term limits. They have so I cannot tell my colleagues what a game on the American people. Let us a proposal to put forward and if the Re- they would say. But I know what they defeat it and get on with an honest de- publicans are serious about term lim- said, and they said we should not have bate, not a game of hide and seek. its, we could pass a retroactive term term limits. Mr. GOSS. Mr. Speaker, I am privi- limits bill. The arrogance of Washington, the leged to yield 2 minutes to the distin- It is also amusing to see the Repub- people in the shadows of the Capitol, guished gentleman from Kansas [Mr. lican leadership who worked so hard on telling those people out in the real ROBERTS], chairman of the always pow- party loyalty and so many other issues world that we are now going to impose erful Committee on Agriculture. in the first so-called 100 days of this new conditions on them to choose (Mr. ROBERTS asked and was given contract, to see where are they now in whomever they wish to entrust with permission to revise and extend his re- terms of demanding that party loyalty their representational responsibilities. marks.) when it comes to determining which I oppose term limits. I urge my col- Mr. ROBERTS. Mr. Speaker, I thank proposal to vote for. If some of the Re- leagues to do likewise. the gentleman for yielding time. Mr. BEILENSON. Mr. Speaker, I Mr. Speaker, I rise in opposition to publican leadership had the same inter- yield 2 minutes to the distinguished this rule, and I want to make it clear est, the same zeal, the same compas- gentleman from Michigan [Mr. CON- from the outset I am for the term limit sion to get at nutrition programs, for YERS]. that was placed or that was put in example, to get at some of the other Mr. CONYERS. Mr. Speaker, I thank place by our Founding Fathers, that is Head Start programs, if they felt just the gentleman for yielding me this a 2-year term limit. It is called an elec- as strongly about term limits as they time. tion. have in some of these other devastat- Mr. Speaker, I rise in opposition to It seems to me that utilizing their ing cuts, we would have term limits the rule. constitutional voting rights, the voters here this week. Mr. Speaker, if there is anything can have and will continue to achieve Mr. GOSS. Mr. Speaker, I yield 2 that the American people want more Thomas Jefferson democracy by throw- minutes to the distinguished gen- than productive change, it is an end to ing the rascals out if they so choose. tleman from South Carolina [Mr. hypocrisy and gamesmanship when it What the term limit says basically is INGLIS], who has also been one of the comes to Government reform. the voters, because of many reasons, main architects of the term limits And that is what this rule is about. It are not up to this job and should be de- movement and has an amendment that is the ultimate game of hide and seek. nied the right to send somebody back. states this debate. It offers phony term limits proposals But the basic point I think is this: If Mr. INGLIS of South Carolina. Mr. that Members can hide behind. It’s so in fact this House of Representatives is Speaker, I thank the gentleman for gamed to lose that by design voters in such a crisis to the extent that we yielding the time, and I rise in strong will not be able to seek the truth after must deny the voters the right to re- support of this rule and to point out a the debate. It’s the big duck. elect their representatives, if in fact couple of things. One, what a difference The American people should not be the institution is in such a chaotic an election makes. Last time in this mistaken. Term limits will not prevail state that we must arbitrarily take Congress, the last Congress, the 103d because Republicans have so gamed away the right of voters after 6 or 12 Congress, we begged and we pleaded this process that it never really had a years, then surely the people respon- and we scrapped and we got a hearing chance. Let me explain. sible, the guilty parties, are those who in a subcommittee of the Committee First off, the Republican rules com- are the career politicians who have on the Judiciary. mittee has prevented all perfecting been here over 12 years and none of the amendments. That is a travesty for proposed versions really include the b 1615 Members who want to make honest any retroactive version of term limits with And then we begged and we pleaded of the four alternatives that we will be sound policy. It is sort of like there is and we scraped some more, and we got voting on. a terminal illness that abounds in this a second little hearing. The chairman Some Members like myself for in- House but we are going to wait 12 years stance, who believe that term limits before we take the medicine. of that subcommittee was adamantly will create a rise in amateurism in the Why? Well, the why is simple; not opposed to term limits. The chairman institution, believe that if we are going many term limiters find it a pleasant of our new subcommittee is very much to have term limits let’s make them ef- task telling experienced Members they for term limits. He was just here, the fective immediately, and not exempt are part of the problem and it is time gentleman from Florida [Mr. CANADY], current Members. to say adios. on the floor, speaking in favor of this That is right. Other than the Demo- So to me, wrapping yourself in the rule. cratic substitute, none of the Repub- banner of a counterproductive reform Last time, last Congress, the Speaker lican alternatives apply to terms cur- is bad enough but exempting ourselves of this House of Representatives sued rently served by incumbents. The most from these reforms does not represent the people of the State of Washington restrictive one—the Inglis substitute— truth in term limits. saying that what they had done was would allow me to serve 43 years in the The SPEAKER. The Chair would in- unconstitutional in limiting his term House—43 years. The McCollum and form the gentleman from Florida [Mr. in office. Now, we have a Speaker who Hilleary substitutes would allow me to GOSS] that he has 4 minutes remaining, is forthrightly for term limits and has serve 49 years in the House. and the gentleman from California [Mr. brought this rule and this matter to Speaker GINGRICH would be allowed BEILENSON] has 41⁄2 minutes remaining. the floor. to serve 37 years under Inglis. Under Mr. BEILENSON. Mr. Speaker, I What a difference an election makes McCollum and Hilleary he would be al- yield 1 minute to the gentleman from in the history of a nation. lowed 31 years. Massachusetts [Mr. MEEHAN]. And now we have got an opportunity. And of all the Republican sub- Mr. MEEHAN. Mr. Speaker, in listen- What a great rule. I am concerned to stitutes, only one—Hilleary—would ing to the debate and hearing some of hear my friend, the gentleman from preserve the States rights to do what my colleagues from the other side of Massachusetts, not speak in favor of they deem most appropriate when it the aisle criticize Democrats because the rule. I think actually this is a tre- comes to term limits. of their retroactive proposal, let us mendously successful crafting of this Finally, this rule totally denigrates make it very, very clear. issue. The question is, of course, there the Judiciary Committee. The commit- My Democratic colleagues are not are two arguments against it. One is it tee reported bill is not even made in the ones who ran for Congress on the is restrictive, we did not make enough H 3840 CONGRESSIONAL RECORD — HOUSE March 28, 1995 options in order; and then the other at- the standard of liberty in the new world; minority, will allow the House to address the tack is, well, it has got too many op- having taught a lesson to those who inflict major issues associated with term limits, is- tions in it, and the result is we will (oppression), and to those who feel oppres- sues such as how many terms are appro- have confusion. sion, you retire from the great theater of ac- tion with the blessings of your fellow-citi- priate, should States be permitted to set lower I cannot imagine a more accountable zens; but the glory of your virtues will not limits, and when should the term limitation vote on this matter than the way it is terminate with your military command, it take effect. structured this way. Members are will continue to animate remotest ages. Republicans have not backed away from going to have to vote up or down on a Mr. GOSS. Mr. Speaker, I yield my- our promise to the American people to bring 6-year bill. That happens to be my bill. self the balance of my time. the issue of term limits to the floor of the Then they are going to have to vote up Mr. Speaker, I think it is very clear House. The term limits movement is clearly or down on a 12-year bill that allows this is going to be an interesting de- sweeping across the States, winning by im- State flexibility. They are going to bate. This is not something of the pas- pressive margins whenever and wherever it is have to vote up or down on a 12-year sion of the moment, though. on the ballot. Today, 22 States have placed bill that is silent on preemption, and We are talking about a constitu- term limits on their Federal representatives, in- they are going to have to vote up or tional amendment, two-thirds of the cluding my own home State of Ohio. By down on a 12-year bill that calls for House, two-thirds of the Senate, three- adopting this rule, the House will finally have retroactivity designed, by admission of quarters of the States and several the opportunity to debate an issue which is al- its proponents, to be a poison pill de- years involved probably in the process. ready the law of the land in almost half of the signed to kill term limits. We are also talking about a phenome- 50 States. But in any event, we are going to non of tenure of more than 12 years It is my understanding that from 1789 to have accountability in this Congress, here. That is the standard in this that 1993, 177 proposals were introduced to limit and what a difference the American we are putting out. congressional service. Not surprisingly, vir- people are seeing. It truly is an excit- It took more than the first 100 years ing day in the history of this Congress. tually all of these proposals died in committee. of the existence of Congress before the It was not until November 1993, during the Mr. BEILENSON. Mr. Speaker, I have average tenure of any Member of the no further requests for time, and I historic 103d Congress, that the House held Members was 12 years. My distin- its first hearing ever on the term limits issue. yield back the balance of my time. guished friend from California men- Mr. GOSS. Mr. Speaker, I yield 1 Today, when we pass this rule and begin de- tioned that maybe we will not have an bate, new history will be made. We are keep- minute to the distinguished gentleman institutional memory; maybe staff will from California [Mr. DORNAN]. ing our promise to have the first vote ever on take over. Well, maybe staff has al- the House floor on this important issue. Mr. DORNAN. Mr. Speaker, not to ready taken over in some places, and worry, those people that follow this While some of my closest colleagues in this maybe the institutional memory is not body have made very articulate arguments great Chamber electronically with very good. But maybe most Americans against term limits, I remain absolutely con- these new overhead shots and side- think we have got enough Congress. vinced that term limits are not just necessary, angle shots, make sure my coat is OK Maybe a little less Congress would be but essential to making this institution more ef- in the back here, everybody is watch- better for America. fective, more productive, and more represent- ing, and in their offices. That is something they seem to be ative of the American people. Just think of the The House floor looks deserted, but it saying. is not. This is a hot issue. My friend from New York, the gen- many positive benefits which would result from term limits: an influx of fresh ideas and moti- Now, about four speakers ago one of tleman from New York [Mr. BOEHLERT] my colleagues said we unfortunately do said, ‘‘It would be arrogant of D.C. to vated people, a Congress closer to the citi- not get to talk to the Founders, but tell people how long they can vote for zens whom we are elected to serve, a greater that he was going to speak for them somebody.’’ Would it be arrogant to ig- emphasis on merit rather than seniority, and a and say that the Founders were against nore what 80 percent of the people of better chance to guard against legislative term limits. Not my reading of what our country are asking us to bring up gridlock. Mr. Speaker, limiting congressional our Founders wrote. in debate? I think it would be. terms is the key to genuine congressional re- One of the great Founders, the oldest So we are going to have this debate. form. man in the Continental Congress, the I agree, this is a particularly bony But despite the progress we have made on great Dr. Benjamin Franklin, said it crow which may cause some choking this issue, one of the leading advocates of would be healthy to rotate citizens in come November. I still believe it is an term limits, the group U.S. Term Limits, has and out of this Chamber on a regular honorable effort at debate. actively criticized many Members of the House basis. That is a simple word, ‘‘rota- I urge approval of the rule. for supposedly trying to water-down our con- tion’’; we use it all the time in modern Ms. PRYCE. Mr. Speaker, what a difference tract's commitment to term limits. Nothing America, and he said it would be an election makes. After years of hearing our could be further from the truth. While each of healthy to return to the employer colleagues on the other side of the aisle talk us may prefer a certain version of term limits, class, that is, the taxpayers that some- about real reform, the 104th Congress, under or see one plan as being more practical than times sit in our gallery, the 1.3 million new leadership, is ready to break the partisan the other, we have consistently supported that are watching us on C–SPAN. They gridlock which has kept term limits off the floor term limits. are the employers, and we are the pub- of this House for too long. As part of our on- Mr. Speaker, we have had a very productive lic servants. going commitment to fulfilling the Contract 84 days so far in the 104th Congress. The But here is something any Member With America, we bring to the floor today a majority has kept its promise to bring the pro- can do walking through the Rotunda. constitutional amendment to limit the terms of visions of the contract to a vote on the House What I will put in the RECORD at this House and Senate Members. floor. And we have made meaningful congres- point are the words of George Washing- And we do so under a fair and balanced sional reform a top legislative priority. I urge ton, right under his portrait, resigning rule which recognizes the seriousness of writ- my colleagues to adopt this balanced, respon- his commission, about the theater of ing term limits into our Constitution. On March sible rule so that we can have fair debate on action, and his virtues and term limits, 15, the Committee on Rules granted a rule the revolutionary idea of term limits. Passage the father of term limits, George Wash- that provides for 3 hours of general debate. of this rule will be an important step toward re- ington. Following general debate, four amendments in sponding to the voters' call for real change Having now finished the work assigned me, the nature of a substitute will be considered and putting an end to the reign of career politi- I retire from the great theatre of action; and for 1 hour each under a true ``king-of-the-hill'' cians. bidding an affectionate farewell to this au- processÐwhich means that the amendment Mr. GOSS. Mr. Speaker, I move the gust body, under whose orders I have so long previous question on the resolution. acted, I here offer my commission and take receiving the most affirmative votes is consid- my leave of all the employments of public ered as adopted and reported back to the The previous question was ordered. life. House. This is a responsible rule, Mr. Speak- The resolution was agreed to. Thos. Mifflin, pres. Continental Congress er. Debate on the four substitutes, and the A motion to reconsider was laid on (answered with reverence.) Having defended customary motion to recommit afforded to the the table. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3841 RECESS The problem, however, is that while I tional amendment, and the bill as it The SPEAKER pro tempore (Mr. personally feel that under normal cir- left the committee, as I said, added sig- RIGGS). Pursuant to clause 12, rule I, cumstances it would be perfectly ap- nificantly to the deficit, some $650 mil- the Chair declares the House in recess propriate for these items not to be off- lion over 5 years. until 5 p.m. set, I do not think we are operating In contrast to the House bill, the Accordingly (at 4 o’clock and 20 min- under ordinary circumstances. In fact, Senate bill, which we will meet when utes p.m.) the House stood in recess we have seen this House pass a con- we go to conference, is fully offset. It until 5 p.m. stitutional amendment to balance the does not add one dime to the deficit, budget, even though the other body has f and in my view, if the other body can not concurred, and we have seen a produce a bill for conference which b 1704 great deal of effort expended over the does not add one dime to the deficit, past 60 days on efforts that were de- AFTER RECESS the House ought to be able to do the scribed as efforts to ‘‘reduce the defi- same thing. The recess having expired, the House cit.’’ But in fact those efforts have not Now, this motion makes one conces- was called to order by the Speaker pro done that. sion. It does not even require that all tempore [Mr. EWING] at 5 o’clock and 4 So I am offering this proposal today of the amounts be totally offset within minutes p.m. in the spirit of truth in advertising. It the defense function of the budget. It simply directs the House conferees to f simply says that all of the funds should produce a conference report that does be offset, period. While I certainly do APPOINTMENT OF CONFEREES ON not add to the deficit, period. Now, we not approve of using domestic reduc- H.R. 889, EMERGENCY SUPPLE- have had two recent examples that il- tions in order to offset Defense Depart- MENTAL APPROPRIATIONS AND lustrate the need for the motion which RESCISSIONS FOR THE DEPART- I am making today. ment add-ons, as an indication of con- MENT OF DEFENSE FOR FISCAL First of all, when this bill first ciliatory spirit I am willing to offer a YEAR 1995 passed the House, we were told by the motion that simply says the funds Mr. LIVINGSTON. Mr. Speaker, I ask committee that even though the bill should be fully offset so they do not unanimous consent to take from the was not balanced on the outlay side, it add one dime to the deficit. Speaker’s table the bill (H.R. 889) mak- was in fact balanced in budget author- Mr. Speaker, it just seems to me that ing emergency supplemental appropria- ity and did not add to the deficit. after the House has, in my view, been tions and rescissions to preserve and The problem, however, is that after misled twice about whether or not enhance the military readiness of the the bill passed, the committee’s own funds in legislation before this House Department of Defense for the fiscal documents which the committee pro- would add to the deficit or would re- year ending September 30, 1995, and for duced showed that the bill added over duce the deficit, it seems to me, after other purposes, with Senate amend- $250 million in outlays and $186 million the House has been misled twice on it, ments thereto, disagree to the Senate in budget authority to the deficit, and the House finally needs to make a amendments, and agree to the con- over 5 years, added to the deficit to the statement with great clarity that we ference asked by the Senate. tune of $650 million. So I think that do not want this process used to in any The SPEAKER pro tempore. Is there was misstatement No. 1 on the way to way add to the deficit. objection to the request of the gen- a so-called balanced budget. As I said originally, under ordinary tleman from Louisiana? Last week on the rescission bill, in circumstances, absent the great pres- There was no objection. order to get the votes for the rescission sure on the deficit and absent the MOTION TO INSTRUCT OFFERED BY MR. OBEY bill that targeted kids and old folks for House action in passing the constitu- Mr. OBEY. Mr. Speaker, I offer a mo- major reductions, the Republican lead- tional amendment on the balanced tion. ership said, after first having all of the budget, I would not be here insisting The Clerk read as follows: Republicans vote against the Murtha that this bill be fully offset, because I amendment in committee, the Repub- think in the real world there are emer- Mr. OBEY moves that the managers on the part of the House at the conference on the lican leadership then did an about face gencies which require emergency treat- disagreeing votes of the two Houses on the and indicated that they would in fact ment. But the House has indicated that bill, H.R. 889, be instructed to form a con- use the dollars produced in that rescis- it is going to be in pursuit of deficit re- ference agreement that does not add to the sion bill last week, the dollars that duction, and it seems to me if that is national deficit in the current fiscal year were not going to be used for the Cali- the case, we ought to get on to it, and and cumulatively through fiscal year 1999. fornia earthquake relief, that they we certainly should not produce a con- The SPEAKER pro tempore. The gen- would use the remainder of those dol- ference report which will add to the tleman from Wisconsin [Mr. OBEY] will lars for deficit reduction. But after the deficit either on the budget authority be recognized for 30 minutes, and the rule had passed, the chairman of the side or the outlay side. That is the rea- gentleman from Louisiana [Mr. LIVING- Committee on the Budget then was re- son I make this motion this afternoon. STON] will be recognized for 30 minutes. ported to say that the action in indi- Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman cating that those funds would be used my time. from Wisconsin [Mr. OBEY]. to reduce the deficit was just a game, Mr. OBEY. Mr. Chairman, I yield my- and that in fact they were going to be GENERAL LEAVE self 8 minutes. allocated to finance the tax cuts, which Mr. LIVINGSTON. Mr. Speaker, I ask Mr. Speaker, under ordinary cir- contain a number of items which many unanimous consent that all Members cumstances, I would not be here mak- of us on this side of the aisle feel are may have 5 legislative days to revise ing this motion that I am making simply rewards for the wealthy that we and extend their remarks, and that I today, because I think that under ordi- cannot afford at a time of multibillion- might include tabular and extraneous nary circumstances the administration dollar deficits. material. would have every right to request an Despite the fact that that money The SPEAKER pro tempore. Is there emergency appropriation for these which was indicated would go for defi- objection to the request of the gen- items and the Congress would have cit reduction for one day, and then was tleman from Louisiana? every right to consider them on an later used for tax cuts, we were still There was no objection. emergency basis. In plain language, given lectures about deficit reduction. Mr. LIVINGSTON. Mr. Speaker, I considering them on an emergency It seems to me what we need to do is to yield myself 4 minutes. basis means that we would not have to cut through those lectures and get to a Mr. Speaker, I rise to oppose the mo- offset the expenditures in this bill, and real intent to reduce the deficit, or at tion to instruct conferees. The gentle- they could be treated as an emergency least certainly not to add to it. man’s motion would instruct the con- and could, therefore, add to the deficit This bill itself was produced out of ferees to bring back a conference and still be within the rules of the subcommittee 1 day after the House agreement that was offset not only in House. passed the balanced budget constitu- budget authority, but in outlays as H 3842 CONGRESSIONAL RECORD — HOUSE March 28, 1995 well. This instruction would indeed in- I urge the body to reject this motion the same. And that is why I am offer- hibit the full and free nature of the to instruct. ing my motion. conference. Mr. Speaker, I reserve the balance of My LIVINGSTON. Mr. Chairman, I My friend, the gentleman from Flor- my time. yield myself such time as I may ida [Mr. YOUNG], who sits here, has Mr. OBEY. Mr. Speaker, I yield my- consume. pointed out that the gentleman who self 3 minutes. I simply point out that actually we just spoke before me, the distinguished Mr. Speaker, I do not regard the mo- could have gone to conference yester- ranking minority member of the com- tion that I am making today as ‘‘fool- day, but the gentleman objected on mittee, often talks about posing for ing around.’’ Friday. So I do not think that the holy pictures. I have to say that I What I do regard as fooling around is question is whether or not we are tak- think that this motion to instruct is the action of the House leadership in ing an inordinately lengthy period of kind of an exercise in connoisseurship twice over the last month talking time. The question is whether we are of holy pictures. about deficit reduction but, in fact, going to put ourselves in a straitjacket In just the last 2 months this Repub- producing bills which either add to the that prevents us from expeditiously lican majority has done more than al- deficit or, after they have promised getting this matter resolved as quickly most all the previous Congresses to that the funds would be used to reduce as possible. If we do not get it resolved, provide offsets. Never before has the the deficit, instead announcing a day if it does get hog-tied in the rigors of Democrat majority in previous Con- later that they really did not mean it. internal legislative warfare, I would gresses ever offset a supplemental re- They simply said that to get votes and quest of any magnitude. like to request the gentleman from that what they are really going to do is Florida to rise and I would like him to The fact is that the Senate amend- to use it for their tax cut package for ments to H.R. 889 contain many spend- tell us some of the problems that the very wealthy people. Defense Department will face. ing reductions that are going to be un- I would also point out that I do not acceptable to the House. If the con- Mr. Speaker, I yield such time as he think that this motion to instruct is in may consume to the gentleman from ferees are instructed to achieve outlay any significant way delaying our abil- neutrality, then there must be a source Florida [Mr. YOUNG]. ity to go to conference and produce a Mr. YOUNG of Florida. Mr. Speaker, of acceptable spending reductions. I bill in a timely fashion. As far as I am I thank the gentleman for yielding think it will be very difficult to find concerned, if this motion to go to con- time to me. such a source in the Senate ference is passed by the House today, First I would like to make the com- aamendments. The only other way to we could go into conference at 5 or at ment that we have run out of time on find acceptable spending cuts would be 6 tonight. We certainly can deal in con- this issue. The Army, the Navy, the to go beyond the scope of the bill and ference with the issue tomorrow. And Marine Corps, the Air Force and the the Senate amendments. We should not we can produce a bill in plenty of time, Coast Guard have spent the money for accept an instruction that encourages if Members are serious, both about pro- that approach. these contingency operations that we viding the Pentagon the funds they are trying to replace now. I do not re- b 1715 need and, if they are serious about it, call anybody coming here from the ad- deficit reduction. Mr. Speaker, the gentleman from ministration to check with Congress to Louisiana is strongly for deficit reduc- I thank it is, frankly, nonsense to suggest that this motion in any way see if it was okay to go to Rwanda or tion. I think the record of the Commit- to Somalia or to Bosnia or any of those tee on Appropriations, as I have point- prevents our being able to produce that bill in a timely fashion. contingencies. But yet they did it. And ed out, for the 104th Congress speaks we are being asked to pay the bill. We for itself in this area. The House has I would point out that suggesting that this motion in any way delays our are prepared to do that. We understand already passed over $20 billion of spend- the importance. ing reductions. When viewed in total ability to produce a bill is about like saying that after a basketball coach The House, despite what the gen- we have more than offset over $8.7 bil- tleman from Wisconsin has just im- lion in supplemental appropriations. So takes a 20-second time-out, with 1 minute left to go in the game, that plied, the House subcommittee on na- during the conference on this bill, I tional security passed out this bill on will try to achieve outlay neutrality. It somehow that is the reason that you January 27. That was even before we will be difficult. I hope we can do it. had a 4-hour basketball game. got the official request from the ad- But this instruction should not be ac- The fact is this bill has already taken ministration. And within 2 weeks we cepted. We should not straitjacket our- an unusually long period of time to had gone through the full committee selves. move through each stage of the proc- It is getting later in the fiscal year. ess, compared to past supplemental ap- and were on the way to the House floor. Achieving significant outlay savings propriation bills. A good example is the And the House has expedited this en- gets harder and harder. We hear that emergency supplemental bill our com- tire issue, as it needs to be expedited. agencies are spending money rapidly so mittee moved through the process just And when the gentleman suggests we are not sure how much is available 1 year ago. that there has been delay and the bill as a source of offsets. The chairman will recall that con- has been held out there, he should The instruction would put forward ferees met during snowstorms that par- point the finger at where it belongs. constraints that may not be achievable alyzed this city and produced a con- The House has moved expeditiously to or which would severely restrict our ference report in short order because of meet this responsibility and here is ability to provide the necessary sup- the urgency of the matter at hand. why, in response to my distinguished port for our national security needs. Last year’s emergency supplemental chairman, the gentleman from Louisi- Mr. Speaker, the Department of De- took a total of 19 calendar days to ana [Mr. LIVINGSTON]. fense needs this emergency supple- move through the entire process. The Based on a January public hearing mental appropriation now. They need bill we have before us today, by con- with Secretary Perry and the Chair- it right away. They needed it yester- trast, has been lingering for some 60 man of the Joint Chiefs, General day. We should not suggest needless or calendar days, three times as long. Shalikashvili, here is what we were impossible procedural hurdles that I would suggest that the most rapid told, and the commanders in chief, and would delay or make more difficult our way for us to reach agreement in con- field commanders have confirmed this ability to achieve a good conference ference, since the Senate has already, throughout the hearing process since agreement on this bill, which si some- in my judgment, met its responsibility we voted this emergency supplemental thing that the Democratic administra- by providing full offsets for the new out of subcommittee. tion wants. spending that they contemplate in Unless we get this money appro- We should stop fooling around and their bill, I would suggest the fastest priated and quick, all U.S.-based units get on with this very, very important way for us to get an agreeable result in under the Forces Command will have conference. the conference is for the House to do to stop most major training by May 31. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3843

The National Training Center rota- [Mr. OBEY] is exactly right. This has that the House on this bill show the tions and JCS exercises will be can- dragged on too long. Not because of same degree of fiscal discipline shown celed. Flight hours and spare parts any fault of the House of Representa- by the other body, even though I will stocks will be cut, and all active Army tives, but it has dragged on too long. readily grant that the other body divisions will be degraded in readiness. We should have this bill completed added a number of items which do not I do not want that to happen. I do not by Thursday of this week, on the Presi- appropriately belong in this con- think my colleagues in the House want dent’s desk by Friday morning, if that ference, and they ought to be taken that to happen. is possible, and I think that it is. out. In the Navy, four carrier airwings But Mr. OBEY’s motion to instruct However, in spite of that mistake, will be forced to stand down. The first will certainly carry on this delay con- the Senate has at least met its obliga- stand down will happen in April. More siderably further than we would like it tion not to add to the deficit. I do not than 500 aircraft would have to be to. I say let us vote against the Obey think the House is any less capable of grounded, and 30,000 flight hours cut. motion and get on with the conference. doing that. That is the purpose of my Required maintenance on two car- Mr. OBEY. Mr. Speaker, I yield my- motion. riers and seven other ships will be de- self 2 minutes and 30 seconds. Mr. LIVINGSTON. Mr. Speaker, I ferred or reduced and ship and aviation Mr. Speaker, one of the worst things yield myself such time as I may spare parts reserves will be drawn down that can happen to you in this town is consume. by 30 days worth of requirement. you begin to believe your own baloney. Mr. Speaker, I would simply say that The Marine Corps, since unfunded I have just heard an awful lot of balo- this administration’s Defense Depart- contingency requirements equate to ney, with all the due respect to my ment has expressed to us vociferously approximately 80 percent of the Marine good friend. and repeatedly that they like our bill, Corps’s operation forces budget, the Mr. YOUNG of Florida. Mr. Speaker, they do not like the Senate bill. More- corps will see severe readiness impact will the gentleman yield? over, I might add, I think it is ironical starting in July. Training for Marine Mr. OBEY. I yield to the gentleman to start straitjacketing the Republican expeditionary forces, in both the At- from Florida. majority when in fact the Democrats lantic and Pacific, with the exception Mr. YOUNG of Florida. The baloney, were in control of this House of Rep- of those forces already deployed, will if you are talking about the informa- resentatives for 40 years and never em- be halted. tion that I read here, came from the ployed the principle devised by the All categories of training as well as Chairman of the Joint Chiefs of Staff. gentleman’s motion. maintenance and spare parts will face Mr. OBEY. No, with all due respect, Mr. Speaker, I have no further re- deep reductions, and marine air squad- the baloney that I am hearing is com- quests for time, I yield back the bal- rons will be forced to stand down and ing from a different source. It is not ance of my time, and I urge a ‘‘no’’ suffer reduced readiness. the Chairman of the Joint Chiefs of vote on the motion to instruct. For the Air Force, flight hours for Staff. Mr. OBEY. Mr. Speaker, I yield my- fighter, bomber, tanker, and airlift Let me suggest, no one is suggesting, squadrons will have to be reduced by 50 not one person in this House is suggest- self 1 minute. percent over a 12-week period. Ten JCS ing that this money not be replaced. Mr. Speaker, I would simply say and tactical training exercises will be We are simply suggesting that it be re- that, with all due respect, our good canceled. Over 24,000 permanent change placed in a way which does not add to friends from the Department of Defense of station moves will be frozen and air- the deficit. That is all we are saying. do not have to vote on budgets. The craft and engine repair as well as There are not going to be any aircraft Chairman of the Joint Chiefs does not scheduled runway and real property that are required to stand down. There have to go to constituents and explain maintenance will be deferred. will not be any maintenance that will why the budget is not balanced. We do. Mr. Speaker, those are just the high- not be provided because we are asking It seems to me, given that difference lights of what we are talking about if the House to do what the Senate did, in responsibilities, we ought to meet we do not replace this money. When I which is to simply pay for the bill be- our responsibilities to the Department say ‘‘replace,’’ that is exactly what I fore us. of Defense to reimburse them for the mean, because the money to pay for The gentleman from Louisiana sug- funds that they have had to expend, the contingencies in Bosnia, Rwanda gests that somehow if we pass this mo- but we ought to do it in a way which and Somalia and Cuba and Haiti and tion to instruct that we will be putting does not add to the deficit. That is all Korea, et cetera, has already been bor- the Congress in a straitjacket. I ask. rowed from those training and those My God, I thought we did that when Mr. Speaker, I yield back the balance operation and maintenance accounts. this House passed the balanced budget of my time. What we are trying to do is pay it amendment to the Constitution. That The SPEAKER pro tempore (Mr. back before the services have to stand document requires us to balance the EWING). Without objection, the pre- down their training. And would it not budget. I assume an awful lot of Mem- vious question is ordered on the motion be a shame to stand down the training bers of this House are going to proceed to instruct. and then have to turn around and stand to try to deal with fiscal matters as There was no objection. it back up again with a tremendous ad- though the budget should be balanced. The SPEAKER pro tempore. The ditional cost. And what happens if a If that is the case, why start in the question is on the motion to instruct young soldier out there, his training is hereafter? Why not start in the here offered by the gentleman from Wiscon- not maintained and he is not quite up and now? Why not start with this bill? sin [Mr. OBEY]. to par because of the lack of training? That is all we are saying. We are say- The question was taken; and the What if he gets hurt or what if he hurts ing do not add to the deficit. Speaker pro tempore announced that someone else because his training is I would point out that the Senate bill the noes appeared to have it. not at the level that it should be? does exactly what we are asking. For Mr. OBEY. Mr. Speaker, I object to I do not think any of us what to 1995, the Senate bill cuts the deficit by the vote on the ground that a quorum carry that burden on our shoulders. We $72 million; whereas, the House adds to is not present and make the point of want readiness today. We want readi- the deficit to the tune of $250 million. order that a quorum is not present. ness in the mid-term. And we want Over 5 years the Senate bill cuts the The SPEAKER pro tempore. Evi- readiness for our forces in the long- deficit by $341 million; whereas, the dently a quorum is not present. term. House bill adds $650 million to the defi- The Sergeant at Arms will notify ab- This is one of the first major steps cit. sent Members. that we have to take to provide that This is a 17-minute vote. b readiness. 1730 The vote was taken by electronic de- It is time to get on with this busi- That is a swing of nearly $1 billion. vice, and there were—yeas 179, nays ness. The gentleman from Wisconsin All we are suggesting, Mr. Speaker, is 240, not voting 15, as follows: H 3844 CONGRESSIONAL RECORD — HOUSE March 28, 1995

[Roll No. 270] Herger McHugh Schaefer MOTION OFFERED BY MR. LIVINGSTON TO CLOSE Hilleary McInnis Schiff PORTIONS OF CONFERENCE MEETINGS YEAS—179 Hobson McIntosh Seastrand Abercrombie Furse Pallone Hoekstra McKeon Shadegg Mr. LIVINGSTON. Mr. Speaker, I Ackerman Gejdenson Parker Hoke Metcalf Shaw offer a motion. Andrews Gibbons Pastor Horn Meyers Shuster The Clerk read as follows: Baesler Gordon Payne (NJ) Hostettler Mica Sisisky Baldacci Green Payne (VA) Houghton Miller (FL) Skeen Mr. Livingston moves pursuant to rule Barrett (WI) Hall (OH) Pelosi Hunter Molinari Skelton XXVIII, clause 6(a) of the House rules that Becerra Hamilton Peterson (FL) Hutchinson Mollohan Smith (NJ) the conference meetings between the House Beilenson Harman Peterson (MN) Hyde Montgomery Smith (TX) and the Senate on the bill (H.R. 889) making Bentsen Hastings (FL) Petri Inglis Moorhead Smith (WA) emergency supplemental appropriations and Berman Hilliard Pomeroy Istook Moran Solomon rescissions to preserve and enhance the mili- Johnson (CT) Murtha Souder Bonior Hinchey Poshard tary readiness of the Department of Defense Borski Holden Rahall Johnson, Sam Myers Spence Boucher Hoyer Ramstad Jones Myrick Stearns for the fiscal year ending September 30, 1995, Brewster Jackson-Lee Rangel Kasich Nethercutt Stockman and for other purposes, relating to amend- Browder Jacobs Reed Kelly Ney Stump ments numbered 1, 2, 4, 8, and 9, be closed to Brown (CA) Johnson (SD) Reynolds Kim Norwood Talent the public at such times as classified na- Brown (FL) Johnson, E. B. Rivers King Nussle Tate tional security information is under consid- Brown (OH) Johnston Roemer Kingston Ortiz Tauzin eration; provided, however, that any sitting Klink Oxley Taylor (MS) Brownback Kanjorski Roybal-Allard Member of Congress shall have the right to Cardin Kaptur Sabo Klug Packard Taylor (NC) Chabot Kennedy (MA) Sanders Knollenberg Paxon Tejeda attend any closed or open meeting. Chapman Kennedy (RI) Sawyer Kolbe Pickett Thomas The SPEAKER pro tempore. Pursu- Clement Kennelly Schroeder LaHood Pombo Thornberry ant to clause 6, rule XXVIII the vote on Clyburn Kildee Schumer Largent Porter Tiahrt Coleman Kleczka Scott Latham Portman Torkildsen this motion must be a rollcall vote. Collins (IL) LaFalce Sensenbrenner LaTourette Pryce Traficant The yeas and nays were ordered. Collins (MI) Lantos Serrano Laughlin Quillen Upton The vote was taken by electronic de- Condit Levin Shays Lazio Quinn Vucanovich Conyers Lewis (GA) Skaggs Leach Radanovich Waldholtz vice, and there were—yeas 403, nays 14, Costello Lincoln Slaughter Lewis (CA) Regula Walker not voting 17, as follows: Coyne Lipinski Smith (MI) Lewis (KY) Richardson Walsh [Roll No. 271] Danner Lofgren Spratt Lightfoot Riggs Wamp Deal Lowey Stark Linder Roberts Watts (OK) YEAS—403 DeFazio Luther Stenholm Livingston Rogers Weldon (FL) Abercrombie Coble Fowler DeLauro Maloney Stokes LoBiondo Rohrabacher Weldon (PA) Ackerman Coburn Fox Dellums Manton Studds Longley Ros-Lehtinen Weller Allard Coleman Franks (CT) Deutsch Markey Stupak Lucas Roth White Andrews Collins (GA) Franks (NJ) Dingell Martinez Tanner Manzullo Roukema Whitfield Archer Collins (IL) Frelinghuysen Dixon Mascara Thompson Martini Royce Wicker Armey Collins (MI) Frisa Doggett Matsui Thornton McCollum Salmon Wolf Bachus Combest Frost Dooley McCarthy Thurman McCrery Sanford Young (AK) Baesler Conyers Funderburk Doyle McDermott Torres McDade Saxton Young (FL) Baker (CA) Cooley Furse Duncan McKinney Torricelli McHale Scarborough Zeliff Baker (LA) Costello Gallegly Durbin McNulty Towns Baldacci Cox Ganske Edwards Meehan Tucker NOT VOTING—15 Ballenger Coyne Gejdenson Ehlers Meek Vento Bryant (TX) Gutierrez Orton Barcia Cramer Gekas Engel Menendez Visclosky Clay Hayes Rose Barr Crane Geren Ensign Mfume Volkmer Clayton Hefner Rush Barrett (NE) Crapo Gibbons Eshoo Miller (CA) Ward Ford Jefferson Velazquez Barrett (WI) Cremeans Gilchrest Evans Mineta Waters Gephardt Nadler Wilson Bartlett Cubin Gillmor Farr Minge Watt (NC) Barton Cunningham Gilman Fattah Mink Waxman b Bass Danner Gonzalez Fazio Moakley Williams 1751 Bateman Davis Goodlatte Fields (LA) Morella Wise Messrs. MOLLOHAN, TAUZIN, BE- Becerra de la Garza Goodling Filner Neal Woolsey Beilenson Deal Gordon Flake Neumann Wyden VILL, and CRAMER changed their vote Bentsen DeLauro Goss Foglietta Oberstar Wynn from ‘‘yea’’ to ‘‘nay.’’ Bereuter DeLay Green Frank (MA) Obey Yates Ms. BROWN of Florida and Mr. DUN- Berman Dellums Greenwood Franks (NJ) Olver Zimmer Bevill Deutsch Gunderson Frost Owens CAN changed their vote from ‘‘nay’’ to Bilirakis Diaz-Balart Gutierrez ‘‘yea.’’ Bishop Dickey Gutknecht NAYS—240 So the motion to instruct was re- Bliley Dicks Hall (OH) Allard Canady Fawell jected. Blute Dingell Hall (TX) Archer Castle Fields (TX) Boehlert Dixon Hamilton Armey Chambliss Flanagan The result of the vote was announced Boehner Doggett Hancock Bachus Chenoweth Foley as above recorded. Bonilla Dooley Hansen Baker (CA) Christensen Forbes A motion to reconsider was laid on Bonior Doolittle Harman Baker (LA) Chrysler Fowler Bono Dornan Hastert Ballenger Clinger Fox the table. Borski Doyle Hastings (FL) Barcia Coble Franks (CT) The SPEAKER pro tempore (Mr. Boucher Dreier Hastings (WA) Barr Coburn Frelinghuysen EWING). Without objection, the Chair Brewster Duncan Hayes Barrett (NE) Collins (GA) Frisa Browder Dunn Hayworth Bartlett Combest Funderburk appoints the following conferees: Brown (CA) Durbin Hefley Barton Cooley Gallegly For consideration of Senate amend- Brown (FL) Edwards Hefner Bass Cox Ganske ments numbered 3, 5, 6, 7, and 10 Brownback Ehlers Heineman Bateman Cramer Gekas through 25, and the Senate amendment Bryant (TN) Ehrlich Herger Bereuter Crane Geren Bunn Emerson Hilleary Bevill Crapo Gilchrest to the title of the bill: Bunning Engel Hobson Bilbray Cremeans Gillmor Messrs. LIVINGSTON, MYERS of Indi- Burr English Hoekstra Bilirakis Cubin Gilman ana, YOUNG of Florida, REGULA, LEWIS Burton Ensign Hoke Bishop Cunningham Gonzalez Buyer Eshoo Holden Bliley Davis Goodlatte of California, PORTER, ROGERS, and Callahan Evans Horn Blute de la Garza Goodling WOLF, Mrs. VUCANOVICH, and Messrs. Calvert Everett Hostettler Boehlert DeLay Goss CALLAHAN, OBEY, YATES, STOKES, WIL- Camp Ewing Houghton Boehner Diaz-Balart Graham Canady Farr Hoyer Bonilla Dickey Greenwood SON, HEFNER, COLEMAN, and MOLLOHAN. Cardin Fattah Hunter Bono Dicks Gunderson For consideration of Senate amend- Castle Fawell Hutchinson Bryant (TN) Doolittle Gutknecht ments numbered 1, 2, 4, 8, and 9: Chabot Fazio Hyde Bunn Dornan Hall (TX) Chambliss Fields (LA) Inglis Messrs. YOUNG of Florida, MCDADE, Bunning Dreier Hancock Chapman Fields (TX) Istook Burr Dunn Hansen LIVINGSTON, LEWIS of California, Chenoweth Flake Jackson-Lee Burton Ehrlich Hastert SKEEN, HOBSON, BONILLA, NETHERCUTT, Christensen Flanagan Jacobs Buyer Emerson Hastings (WA) NEUMANN, MURTHA, DICKS, WILSON, Chrysler Foglietta Johnson (CT) Callahan English Hayworth Clement Foley Johnson (SD) Calvert Everett Hefley HEFNER, SABO, and OBEY. Clinger Forbes Johnson, E. B. Camp Ewing Heineman There was no objection. Clyburn Ford Johnson, Sam March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3845 Johnston Mollohan Shays APPOINTMENT OF CONFEREES ON Mr. GIBBONS. Mr. Speaker, I yield Jones Montgomery Shuster H.R. 831, PERMANENT EXTENSION myself such time as I may consume. Kanjorski Moorhead Sisisky Kaptur Moran Skaggs OF THE HEALTH INSURANCE DE- (Mr. GIBBONS asked and was given Kasich Morella Skeen DUCTION FOR THE SELF-EM- permission to revise and extend his re- Kelly Murtha Skelton PLOYED marks.) Smith (MI) Kennedy (RI) Myers Mr. GIBBONS. Mr. Speaker, I am Kennelly Myrick Smith (NJ) Mr. ARCHER. Mr. Speaker, I ask Smith (TX) Kildee Neal unanimous consent to take from the going to depart from my usual practice Smith (WA) Kim Nethercutt of speaking extemporaneously and read Solomon Speaker’s table the bill (H.R. 831) to King Neumann Souder amend the Internal Revenue Code of a statement because the statement is Kingston Ney Spence 1986 to permanently extend the deduc- so serious and the names that I will Kleczka Norwood Spratt tion for the health insurance costs of mention here are names of Americans Klink Nussle Stark Klug Oberstar Stearns self-employed individuals, to repeal the and I do not want to defame them, I Knollenberg Obey Stenholm provision permitting nonrecognition of want to be very accurate in what I say, Kolbe Olver Stockman gain on sales and exchanges effectuat- and so I am going to read from a pre- LaFalce Ortiz Stokes ing policies of the Federal Communica- pared statement these remarks. LaHood Owens Studds Lantos Oxley Stump tions Commission, and for other pur- Largent Packard Stupak poses, with a Senate amendment there- b 1815 Talent Latham Pallone to, disagree to the Senate amendment Mr. Speaker, section 5 of the Senate LaTourette Parker Tanner Tate and agree to the conference asked by amendment to H.R. 831 changes the tax Laughlin Pastor the Senate. Lazio Paxon Tauzin treatment of U.S. citizens who re- Taylor (MS) Leach Payne (NJ) The SPEAKER pro tempore. Is there Taylor (NC) nounce their citizenship. Under the Levin Payne (VA) objection to the request of the gen- Tejeda Senate proposal, individuals who re- Lewis (CA) Pelosi Thomas tleman from Texas? nounce their citizenship would be sub- Lewis (GA) Peterson (FL) Thompson PARLIAMENTARY INQUIRY Lewis (KY) Peterson (MN) ject to income taxes on the unrealized Thornberry Mr. GIBBONS. Reserving the right to Lightfoot Petri Thornton gains which they accrued while they Linder Pickett Thurman object, Mr. Speaker, I only reserve the enjoyed the benefits of being a U.S. cit- Lipinski Pombo Tiahrt right to object to propound a par- izen. Livingston Pomeroy Torkildsen liamentary inquiry. Mr. Speaker, this is a serious loop- LoBiondo Porter Torres The SPEAKER pro tempore (Mr. Longley Portman Torricelli hole in our tax laws, and is one that Lowey Poshard Towns EWING). The gentleman from Florida the Senate has picked up and one that Lucas Quillen Traficant will state his parliamentary inquiry. we must close immediately, because Tucker Luther Quinn Mr. GIBBONS. Mr. Speaker, I have a the amounts of money here are large, Maloney Radanovich Upton motion to instruct conferees, and will I Vento and the equities are very unfair. Manton Rahall be recognized, if this unanimous con- Manzullo Ramstad Visclosky Mr. Speaker, I believe that these pro- Markey Rangel Volkmer sent request is agreed to, to then Vucanovich visions should be enacted for two rea- Martinez Reed present my motion to instruct con- Waldholtz sons. The Senate provisions, first, as a Martini Regula Walker ferees? matter of fairness, individuals who Mascara Reynolds The SPEAKER pro tempore. The gen- Walsh have enjoyed the benefits of being a Matsui Richardson Wamp tleman is correct; yes, he will. McCarthy Riggs citizen of the United States and who Ward Mr. GIBBONS. Mr. Speaker, I do not McCollum Rivers Watt (NC) have amassed enormous fortunes McCrery Roberts object, and I withdraw my reservation Watts (OK) should not be permitted to not pay McDade Roemer Waxman of objection. taxes on these gains by merely re- McDermott Rogers Weldon (FL) The SPEAKER pro tempore. Is there McHale Rohrabacher nouncing their citizenship. Mr. Speak- Weldon (PA) objection to the request of the gen- McHugh Ros-Lehtinen Weller er, this proposal that the Senate has tleman from Texas? McInnis Roth White put forward that I ask the Members to McIntosh Roukema Whitfield There was no objection. Wicker instruct the conferees to adopt, this McKeon Royce MOTION TO INSTRUCT OFFERED BY MR. GIBBONS Williams proposal does not punish anyone for re- McKinney Sabo Mr. GIBBONS. Mr. Speaker, I offer a McNulty Salmon Wise nouncing their citizenship. But it Meehan Sanford Wolf motion to instruct conferees. Wyden merely ensures that these people who Meek Sawyer The Clerk read as follows: Wynn renounce their citizenship will pay a Menendez Saxton Yates Mr. GIBBONS moves that the Managers on Metcalf Scarborough tax comparable to that paid by many Young (AK) the part of the House at the conference on patriotic wealthy individuals who have Meyers Schaefer Young (FL) the disagreeing votes of the two Houses on Mfume Schiff Zeliff the Senate amendment to the bill H.R. 831 be not abrogated their responsibility Mica Schumer Zimmer instructed to agree to the provisions con- through renouncing their citizenship. Miller (CA) Scott Miller (FL) Seastrand tained in section 5 of the Senate amendment In other words, Mr. Speaker, there are Mineta Sensenbrenner which change the tax treatment of U.S. citi- many wealthy and fine patriotic Amer- Minge Serrano zens relinquishing their citizenship. icans who pay their taxes. They do not Moakley Shadegg The SPEAKER pro tempore. Under like them. I do not blame them. But Molinari Shaw the rule, the gentleman from Florida they pay them. There are only a few NAYS—14 [Mr. GIBBONS] will be recognized for 30 who escape paying their regular taxes minutes, and the gentleman from by renouncing their citizenship. Brown (OH) Lincoln Schroeder DeFazio Lofgren Slaughter Texas [Mr. ARCHER] will be recognized Second, Mr. Speaker, this amend- Filner Mink Waters for 30 minutes. ment raises substantial amounts of Hinchey Roybal-Allard Woolsey The Chair recognizes the gentleman revenue that should be devoted to defi- Kennedy (MA) Sanders from Florida [Mr. GIBBONS]. cit reduction as intended by the Sen- PARLIAMENTARY INQUIRY ate. The Joint Committee on Taxation NOT VOTING—17 Mr. GIBBONS. Mr. Speaker, may I has estimated that these provisions Bilbray Gephardt Pryce propound a parliamentary inquiry at will raise $3.6 billion over the 10-year Bryant (TX) Graham Rose Clay Hilliard Rush this point? period. I want to repeat that, Mr. Clayton Jefferson Velazquez The SPEAKER pro tempore. The gen- Speaker: This is not a small loophole. Condit Nadler Wilson tleman will state his parliamentary in- This is not just a careless amount of Frank (MA) Orton quiry. money. Our joint committee estimates Mr. GIBBONS. Mr. Speaker, do I un- that the savings from this to the rest b 1809 derstand in this debate I have the right of us American taxpayers will amount So the motion was agreed to. to close? to $3.6 billion over 10 years. The result of the vote was announced The SPEAKER pro tempore. The gen- Mr. Speaker, last week we debated as above recorded. tleman is correct. welfare reform which reduced Federal H 3846 CONGRESSIONAL RECORD — HOUSE March 28, 1995 expenditures by reducing benefits pay- country that we used to know as Brit- that imposed by other developed coun- able to the poorest Americans. I think ish Honduras, and a country not known tries on their citizens. it is appropriate that this week we de- for its political or economic freedom. Perhaps the gentleman from Califor- bate a proposal which requires individ- Mr. Speaker, this tax proposal, this nia [Mr. MATSUI] or others will discuss uals who have benefited extraor- proposed tax of individuals who are this issue later. I think it is important dinarily from the American economic fleeing, not fleeing economic or politi- for us not to say we are going to be system to continue to contribute to re- cal repression, but are attempting to doing something that other countries duce this national deficit. shed their moral obligations of citizen- do. The provision we are talking about ship in this country of ours because Mr. GIBBONS. Mr. Speaker, I yield 5 today affects a very few individuals. they can move to tax havens and be- minutes to the gentleman from Califor- The proposal of the Senate exempts all cause the rest of Americans will pro- nia [Mr. MATSUI]. gains of these individuals from real es- vide through our defense and security Mr. MATSUI. Mr. Speaker, I thank tate tax holdings, it exempts all tax- systems for their protection in these the gentleman from Florida [Mr. GIB- qualified retirement plans, and it ex- tax havens, will enable these wealthy BONS] for yielding the time. empts an additional $600,000 of gains Americans to live safely in other parts You know, at a time when we are try- from other assets, a very generous ex- of the world, but they will probably ing to deal with the issue of the de- emption to these people who renounce spend most of their lives here, but they ductibility of the self-insured insur- their citizenship. will still be wards of the American ance premium, we are paying for it be- In addition, there are provisions for Government. cause we want to close a loophole, and installment payments of these regular Mr. Speaker, this proposal appro- that loophole is the FCC loophole taxes to these people who renounce priately taxes the economic Benedict which gives preference to minorities, their citizenship. The Treasury Depart- Arnolds of this country, and this pro- and we all know the Viacom case, the ment estimates that individuals own- posal to instruct the conferees should case in which if it went through would ing less than $5 million in assets will be enacted. cost the taxpayers of America up to rarely be impacted by these proposals Mr. Speaker, I reserve the balance of $600 million. of the Senate. The Treasury Depart- my time. The reason we have moved quickly ment also estimates that fewer than 12 Mr. ARCHER. Mr. Speaker, I yield 2 on the FCC and the Viacom issue is be- or perhaps as many as 24 individuals minutes to the gentleman from Ohio cause we did not want people to take would be affected by this proposal each [Mr. PORTMAN], a member of the com- advantage of the Tax Code, because one year. mittee. individual, Frank Washington from Mr. Speaker, several arguments have Mr. PORTMAN. Mr. Speaker, I thank California, was basically a front for the been raised against this proposal which the chairman for yielding. TCI Corp. which was buying the assets I would like to respond to. First, some I just have one small point to make. of Viacom, and so if we are willing to people have argued this proposal is the I think a lot of us on this side want take on Viacom, if we are willing to result of the punitive level of taxation to get at this same issue the gentleman take on the FCC regulations, because it in this country. from Florida has been discussing, and is unfair, because we know that it is Mr. Speaker, this is simply not cor- many of us agree this is a problem that being abused, the tax system is being rect. Compared to other industrialized should be addressed in the tax law. We abused, how could we possibly, how countries, the United States has a rel- are not sure this is the right place to could we possibly not take on these atively low tax burden. I think I am do it or the right time to do it or this people that are American citizens who correct when I say that of all the 21 in- is the right proposal to do it. leave the United States, only renounce dustrial countries, large industrial One of the things I have been hearing their citizenship only because they countries, on this planet, the U.S. from some of my colleagues is what we want a tax break, they want to avoid taxes are next to the lowest in all of would do in this legislation is similar taxation? And as the gentleman from those 21 countries. I may be incorrect to what other countries do, Australia, Florida [Mr. GIBBONS] has said, we have there, but I think that is my recollec- Canada, and so on. I have looked into it calculated over the next 10 years the tion of them. It should be noted that a bit as has the staff, both of the Com- Federal Government will lose $3.6 bil- other countries such as Canada, Ger- mittee on Ways and Means and the lion if in fact this loophole is not taken many, and Denmark have enacted simi- Joint Tax Committee. That is simply care of. lar proposals to that proposed by the not true, What we do here is something And, second, even more critically, if Senate. different than is done in those other this loophole is not taken care of, you Other objectors have raised the issue countries. There are specific dif- are going to see more and more Amer- of human rights. They have compared ferences. ican citizens renounce their American these provisions to efforts of the Soviet Other countries do impose some kind citizenship. It could be up to $10 billion Union to prevent emigration by its of an exit tax. They are Australia and or $12 billion over the next 10 years. citizens from the Soviet Union. This Canada. But they are different than The reason for it is because they are comparison is entirely misguided. The ours. As an example, they would allow going to recognize, they are going to individuals affected by this proposal a step-up in basis, so if you were to go, find out that this is a basically abusive are not renouncing their citizenship be- for example, from Hong Kong to Can- tax proposal that they can take advan- cause of lack of economic or political ada and then emigrate from Canada tage of, and so as more and more peo- freedoms in this country, but, rather, somewhere else, you would get the ple find out about it, they are going to these are individuals who are simply step-up in basis, so the gain would only take advantage of it. That is why we unwilling to contribute to a country be during the time in which you are a have to close this loophole in this par- whose political and economic system resident or a citizen of Canada. That is ticular conference. has benefited them extraordinarily a big difference from our proposal that I know if you want to make changes well. we have before us which would not in it and clean it up a little bit, we can They should be proud to be American allow that step-up in basis. do that. The conference will have 4 or citizens. They should not be renounc- Second, those two countries allow a 5 days in which they can work. ing their citizenship just for tax pur- deferral, so you can allow a deferral in We have got the Treasury Depart- poses. the payment of the gain until the asset ment, we have the fine minds of the Recent examples of individuals who is actually sold. Again, that is a big majority and minority to make sure have renounced their citizenship in- difference. this proposal will work. clude Kenneth Dart, an heir to the I just think as we go through the de- I think what people have to under- drinking cup businesss, and John bate, we ought to look at all the pro- stand is American citizens are renounc- Dorrance III, a Campbell Soup heir. posals before us, but make it very clear ing their citizenship not because they Both of these individuals are billion- what we are talking about doing here want to go to another country because aires, Mr. Speaker. Mr. Dart claims to in this motion to instruct is to accept they find the country is a better coun- have taken up residency in Belize, a language that is very different from try to live in, but because they do not March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3847 want to pay taxes that you and I pay Mr. Speaker, the provisions in this Mr. Speaker, I have listened to the and we will have to pay more of it in motion to instruct which would force debate. I was not at the subcommittee fact they do this. the House or attempt to force the hearing, but I have worked on it since Bear in mind, these people do not House to accept the Senate provisions then. And I really am perplexed why have to leave the United States phys- on which we have had no real delibera- the majority is defending the status ically. They can still stay in this coun- tions over on the House side, and which quo. It feels like you are stonewalling try. They just will not be American the Senate gave only cursory attention on this issue, and there is no reason to citizens. They can stay in this country to, were put in place, a new provision do it. for up to 120 days a year. in the tax law, a tax increase that we If there are some imperfections in This is an abusive approach. These are not really in a position to fully the Senate proposal, they can be people are taking, as the gentleman comprehend. looked at and they can be remedied in from Florida [Mr. GIBBONS] says, we But, more importantly, it will poten- the conference. Compared to the other know the Dart family that have done tially jeopardize the very badly needed technical issues that are considered in it. We know a lot of families that have deduction for health insurance for the a conference committee of the Com- done it. self-employed, which must get out of I have to tell you in terms of what mittee on Ways and Means, this is rel- this Congress and be signed into law the gentleman from Ohio has said, atively easy. It is relatively easy. It is before April 15. other countries have done it but not not going to take 4 days. That means out of the Congress be- quite as abusive as we have. We have a I talked to the Treasury just a few fore we recess next week. list of about 10 countries that have cur- hours ago, and they are persuaded that The gentleman from California said rent similar laws, Germany, the Neth- you can work it out. So why not work erlands, Denmark, Sweden, Norway, it is easy to fix this in conference, that it out? Finland, France, Philippines, Canada, it will only take 5 days or so. That is There is an abuse going on here. Peo- and Germany, for example, will with- too late. ple are leaving the country, giving up hold 25 percent of one’s assets if a per- We need to push through this 30-per- their citizenship to avoid taxation. We son has been a resident of Germany for cent deductibility for the self-em- know who they are. It is no mystery. more than 10 years. This is much more ployed on their health insurance and You are talking about a dozen to two make it permanent, which this bill will stringent than the proposal that is dozen people. All we are saying is tax do, and not encumber it with the type being proposed in this conference. their unrealized gains as they leave. of debate that is going on tonight. We have other countries like Norway You know where the money is going to It is very interesting to note that who will deem a tax period for over 5 come from that will go into the Treas- there is already a law on the books for years even though that person has not ury, as I understand it? It is not from over 30 years that is intended to deal been a citizen for 5 years; he will have the people who leave and cash in their with tax-motivated expatriation. But been deemed to be a citizen for 5 years; gains, it is because those people will Treasury has never issued regulations he will have been deemed to be a citi- not renounce their citizenship. That is to implement this provision in the law. zen of Finland for tax purposes. Our where the money is going to come proposal is much less stringent than Treasury has indicated it has no infor- from. Finland’s. mation about the number of taxpayers The abuse is going to end, and we are These 10 countries have proposals who expatriate for tax-avoidance pur- going to pick up money as a result. that are very, very stringent. I would poses. We need to know much, much further add that both Senator more about this. What bothers me are some of the ar- guments. For example, with due re- DASCHLE, the minority leader of the We do not need to rush into it now, Senate, and Senator DOLE, the major- and our committee will carefully con- spect to my friend whom I am so fond ity leader of the Senate, have said keep sider this issue as the year progresses. of and much admire, the exit thing, I this provision in, keep this provision in It should not be left to encumber the do not think we should use extreme ex- because when we go to the conference, passage of badly needed tax relief for amples on this floor. To compare this we may want to use this money not the self-employed on their health in- with the Soviet Union, people can leave only for deficit reduction but maybe surance. here if they want, they can renounce for giving the small-business owner, in- Contrary to what the gentleman their citizenship; just do not let them stead of 25 or 30 percent, maybe give from California said, the provisions take unrealized gains with them be- them up to 40 percent in terms of a de- will make us the only country in the cause they renounce their citizenship duction. world that does this in the full dimen- so they could take them free of charge Why not do that? Why not give some sion that is provided in the Senate bill. and essentially cheat us out of several of these small businesses a larger de- It seems strange to me that where we billions of dollars. duction on their health insurance de- have held out the banner over the That is all we are saying. It is a per- duction instead of allowing these tax years as supporting the ability of free fectly free country. But why should cheaters who leave the country, re- exit from any country where a citizen they take advantage, kind of use a nounce their citizenship, the right to disagrees with the policy of that coun- loophole? And in terms of the tax trea- avoid U.S. taxes? try, where we have criticized other ty, there is not going to be any prob- And so I might just conclude by mak- countries for putting in place exit fees; lem, because these people are not going ing one final observation in my time. where we have stood strong for free- anywhere. As the gentleman from Florida [Mr. dom, and this being the basic freedom Mr. ARCHER. Mr. Speaker, will the GIBBONS] says, we are talking about without barriers, that we now are gentleman yield? $3.6 billion, or $1.4 billion over the next going to perhaps jeopardize our leader- Mr. LEVIN. I yield to the gentleman 4 years, and we are only talking about ship role in the world in this regard, by from Texas. 12 to 25 citizens on average per year, Mr. ARCHER. I thank the gentleman and this just indicates exactly the thrusting through something that has for yielding. amount of money that these people are not been adequately considered. Mr. Speaker, I know the gentleman trying to avoid in taxes. I encourage a vote against this mo- was shoulder to shoulder with me when This is the proposal that must be tion to instruct, to give us the oppor- taken out and put in this conference. tunity to adequately address this issue we passed the Jackson-Vanik amend- This is a proposal that must become later on this year. ment, which was then called Jackson- law at the same time we go after Mr. Speaker, I reserve the balance of Vanik-Mills-Archer amendment, and Viacom and others who attempt to my time. we heard the very same comments out abuse the tax system. Mr. GIBBONS. Mr. Speaker, I yield 5 of the Soviet Union. These people owe minutes to the gentleman from Michi- us something. We educated them. They b 1830 gan [Mr. LEVIN]. have taken advantage of our system. Mr. ARCHER. Mr. Speaker, I yield Mr. LEVIN. I thank the gentleman Therefore, they must pay an exit fee myself such time as I may consume. for yielding this time to me. when they leave. It is the very same H 3848 CONGRESSIONAL RECORD — HOUSE March 28, 1995 thing that this country railed against, league and ranking member on the tion when they adopted legislation in because I know, I was out in front rail- Oversight Committee, who also sup- this area. We will have to renegotiate ing against it. And I think we give up ports the motion. all those agreements as well. the high ground here without knowing I am not defending the status quo. I Let me close by commenting on two precisely what the end result of our ac- think the administration has found a other aspects of this bill. tions is going to be. real problem. I think we need to deal If we act precipitously in a way that Mr. LEVIN. I am glad the gentleman with it. I do not believe, from the testi- appears hostile to foreign investors— raised the question. I was not here at mony we received yesterday, that it is and this bill from the outside, without the time. I would have voted for it. I possible to deal with it in 5 days. How- hearing our debate, can easily appear admired the gentleman’s efforts. It was ever, we can, by retaining that portion hostile to foreign investment—we run a a controversial issue. of this bill in conference, retain the very grave risk. We are a Nation whose I think Jackson-Vanik did some date and therefore have the same effect currency values are plummeting, we good. But there is no comparison. Peo- in a month or 2 that we would have are a Nation that depends on foreign ple were being kept in the Soviet this week, if we bring it out of con- investments to fund our debt, a Nation Union. The whole purpose of the Soviet ference. that depends on foreign investors to system was to keep people in, not to Now, it is important that we do the fund our economic growth. We cannot let them out. We are not trying to keep right thing in creating a more effective afford to chill the interest of foreign people here. If they want to leave, it is law in this area. investors in our economy by acting a 100-percent free country. Do not let Let me give you an example of the precipitously in a way that is not ra- them use the artifice of renouncing kinds of misinformation that is afoot. tional. citizenship to avoid taxes when they For instance, in the Germany situa- just come back here and live anyway. tion, Germany only taxes you if you b 1845 That is what the issue is. own 25 percent of a corporation’s stock. This is a pure artifice that a few very And then they only tax you at one-half Finally I would say in regard to the wealthy families are using to avoid le- of the normal rate and only on that human rights issue, Let me quote from gitimate taxation on what they realize, stock that you own. the testimony of Robert Turner who what they gained in the United States The scope of this bill is extraor- was the staffer when they passed the of America. I am not trying to go after dinary. It is absolutely everything you Jackson-Vanik amendment. them because they are wealthy. I am own. He says: glad they made their wealth here. But Furthermore, it forces you to pay If the proposed ‘‘exit tax’’ is designed to do not let them use a technique, a loop- taxes on something that you may have discourage citizens from exercising their hole to renounce citizenship to avoid no way of generating income to pay. right to renounce U.S. citizenship, I think it taxes when they end up here anyway. Now, I was very interested that my is contrary to the law. If it is designed to im- pose an immediate and substantial financial I do not understand what motivates colleague from California said there burden upon citizens—on the specific and ex- the gentleman. If it is the imperfection were 24 people involved. I questioned pressed grounds that they have elected to re- of this amendment, look, I will take the representative of the Treasury De- nounce their citizenship and emigrate to an- your instructions of the last 12 years partment yesterday. He did not know other country—and it is a burden that would which I have been here. how many people were involved. He not be imposed upon otherwise identically Look, we all know the thrust of these never mentioned numbers like that. He situated citizens who elected to remain instructions. It is not that we are ask- never gave any examples. American citizens (and did not elect to sell ing you to take it lock, stock, and bar- I am not confident that we are going or dispose of their property or take other ac- tion that would recognize capital gains li- rel. You do not have to do that. What to catch in our net so few people. Those ability), then I think you have a very serious this is, is a statement of the House, it people do need to be caught. There problem. In that event, I would want my is a statement that we are asking you should be no tolerance in America for money ‘‘up front’’ if I were asked to argue to work to perfect this and to keep it using relinquishing of your citizenship before an international tribunal that the in the bill. as a way of avoiding taxes that you are proposed U.S. exit tax complies with the No one is trying to sink the self-em- responsible to pay. spirit of the Jackson-Vanik amendment. ployed provision. I am very much for But this bill has some very serious Mr. Speaker, I say: My colleagues, if it. If we can expand it from 30 percent and very significant problems. First of you impose a tax that a person cannot to 35 percent or 40 percent with the all, as I mentioned, the scope of the bill generate the resources to pay, you benefit of this money, let us do it. I am is enormous. It covers every kind of automatically prevent that person really serious here. I do not know why asset and it treats every one of those from having a choice about whether the gentleman is resisting this. Take assets as if you could turn them into they continue to be a citizen or they the instruction, try to work it out. If cash so that you could pay taxes on don’t continue to be a citizen. That is you feel you cannot work it out in the them. an entirely different issue than holding end, you will come back without it. In the area of trust, even the advo- them liable for taxes they owe our But at least accept the thrust from the cates of the bill said you must fix the country. To impose a tax that com- House that this makes good policy problems in the trust area, but we do promises the right to choose to be a sense and work out the details. not know quite how yet. So, even those citizen or choose not to be a citizen is I think the gentleman from Florida who testified in favor of the bill had a very serious human rights matter in [Mr. GIBBONS] is on the mark here, and some real concerns about some of its this world, and it’s one that we have I rise in support of closing this loop- significant technical problems. been closely identified with over dec- hole and using the money for good pur- In the area of double taxation, this ades in our long struggle against com- poses. will require that we renegotiate all our munism. Mr. ARCHER. Mr. Speaker, I yield 4 tax agreements with other nations or So I would urge my colleagues to be minutes to the gentlewoman from Con- we will subject people to terribly un- patient in this matter. We can address necticut [Mrs. JOHNSON], the chairman fair double taxation. We are a Nation this problem. We can use the effective of the Subcommittee on Oversight, where justice matters. If we are going date in the bill that is in the con- which has just begun hearings on this to adopt a law that will guarantee that ference, but we absolutely must ad- issue. everybody pay the taxes that they dress the domestic and international Mrs. JOHNSON of Connecticut. I should—and we should do that—we implications of this proposal and do it thank the gentleman for yielding this should not want them to be taxed wisely. time to me. again on those same assets in another Mr. GIBBONS. Mr. Speaker, I yield 3 Mr. Speaker, I rise in opposition to country. And without renegotiation of minutes to the gentleman from Califor- the motion, although I do not rise in those tax agreements, that is exactly nia [Mr. MATSUI]. opposition to the concerns expressed by what will happen. Mr. MATSUI. Mr. Speaker, I thank the gentleman from Florida, for whom We had to negotiate an agreement the gentleman from Florida [Mr. GIB- I have great respect, or for my col- with Canada to prevent that kind of ac- BONS] for yielding this time to me. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3849 I strongly support what the gen- going to the Caribbean countries by States and accumulating a lot of tleman from Florida [Mr. GIBBONS] is the way. They are not trying to emi- wealth would be better off than our trying to do on this motion to recom- grate to England or some other coun- own citizens. He would have to give up mit. Let me just respond, if I may, to tries that have democracy like we his citizenship to get the same treat- a few of the points that were being have, so we are not really talking ment. made from the other side of the aisle. about human rights. We are not talk- Now something is wrong with the tax First of all, this is not precipitous ac- ing about Jackson-Vanik in this situa- law. So what we need to address is not tion. This was in the original Presi- tion. on this vehicle. At this tax law at this dent’s budget in February of this year. I think we should really be realistic time we need to address it later, and I We held extensive hearings on the en- about this—— want to go on record as being strongly tire administrative budget, so this did Mr. ARCHER. Mr. Speaker, will the opposed to the motion to recommit. not come up just last Friday or last gentleman yield? Mr. GIBBONS. Mr. Speaker, I yield, 5 Monday. Mr. MATSUI. I yield to the gen- minutes to the gentleman from Hawaii Second, Steve Shay, who also testi- tleman from Texas. [Mr. ABERCROMBIE]. fied; he was the international tax coun- Mr. ARCHER. Mr. Speaker, can the Mr. ABERCROMBIE. Mr. Speaker, I sel for the Reagan administration at gentleman name one country that has originally came to the floor, and I re- the State Department; he supports this more stringent requirements and re- gret to say there are not many people proposal, and he says this was under strictions than what is in the Senate on the floor at this particular time, deliberation under President Reagan, provision? and I hope some people are tuning into when Reagan was President. Mr. MATSUI. I mentioned Finland this discussion. I originally came to So, this is an issue that was vetted, which requires the citizen to be the floor because I anticipated there talked about, and has been constantly deemed, who renounces citizenship to would be no dispute about this. I an- discussed within the administration for be deemed, a citizen for 5 years beyond ticipated that this would be agreed to years and years, so this is not a new the time he renounces his citizenship. I and we would move ahead. proposal. mentioned Germany which says that, if This is the most appalling debate Also, in terms of the renegotiation of this individual is a citizen of our coun- that I have ever been a part of or wit- treaties, as my colleagues know, a lot try, of their country for 10 years, it is nessed in 21 years of public service. of people bring those issues up, and we a 25 percent tax on assets—— How is it possible? I have got immi- find ourselves caught in a bind. We do Mr. ARCHER. But what are the pen- grants, immigrants like my ancestors, not want to argue the issue sub- alties—what country has penalties that driven out of Scotland, people in Ha- stantively; we want to argue technical are more stringent than in the Senate waii today who are immigrants, paying issues. provision? taxes and working, proud to be Ameri- The best way to get a foreign country Mr. MATSUI. I just mentioned two. cans, striving for the chance to be to renegotiate with us is by passing a Mr. ARCHER. No, those penalties are Americans. law. We need to pass this law, and then not more stringent, as I understood the We had a welfare debate in here that every country will start negotiating, gentleman’s explanation. I am told by said we do not want people in this just as Canada did, just as Germany staff that has evaluated all the laws country unless they are going to be did, just as these other countries did as across the world that this is the most Americans and move toward being well. punitive of any country’s. American citizens. Otherwise we are I say to my colleagues, ‘‘So, you Mr. MATSUI. As my colleague cutting them off, even if they are legal don’t start negotiating before we actu- knows, if one wants to say this is more immigrants, people that I deal with ally pass a law. You pass a law, and punitive than a 25-percent tax on one’s every day. I say to my colleagues, then you start negotiating. That’s assets from Germany if they are a citi- Maybe some of you come from areas what USTR has been doing recently as zen for 10 years, I guess it depends upon where you don’t see many immigrants. well.’’ how one looks at it, but I think that is Maybe you have forgotten where your The Jackson-Vanik issue: a pretty punitive tax. ancestors came from in this country. We have Steve Shays, former Reagan Mr. ARCHER. Mr. Speaker, I yield But I see them every day, and we deal administration official, as I said, who 11⁄2 minutes to the gentleman from Mis- with people everyday who are proud to testified. He said there was no Jack- souri [Mr. HANCOCK], a member of the be there. son-Vanik or human rights issue. We committee. I watched PBS on television last have a Harvard professor who testified Mr. HANCOCK. Mr. Speaker, I am night where people were standing up, and sent a letter—Professor Bats at not going to go into a lot of detail singing the Star Spangled Banner, just Harvard—that says there is no human about the problems we are discussing, become being citizens of this country. rights issue, and I cannot understand only to say that I strongly oppose the They were not running away because how Members would at all think that approach that we are talking to it. they made money here. this proposal that is supported by BOB When I first heard about what had I say to my colleagues, I know what DOLE, TOM DASCHLE, BILL BRADLEY, the been going on and I first started read- program you saw. I know what got you gentleman from Florida, Mr. GIBBONS, ing in the newspaper about certain in- interested in this. These people who has anything to do with Jackson- dividuals that were giving up their citi- have left this country because they Vanik. I mean it is just not at all com- zenship of the United States for the don’t want to pay taxes, they don’t mon sense to think this has anything purpose of avoiding taxes, I have a rep- even have a fundamental ideological to do with Jackson-Vanik, particularly utation back home of being a tax fight- motive. They are not opposed to the since 12 other countries that we are er, but I certainly, certainly think, war unless their ideology is, ‘‘I get to aware of have similar proposals, some that the idea, the mere idea, that peo- make everything I can or take every- of which are more stringent than the ple that our tax law has evolved into a thing that I can, and, when it becomes one we have under entertainment. situation that people would even con- inconvenient to pay my share of taxes, Let me just conclude by making one sider giving up their citizenship for the like everybody else in America, I get to further observation about this human purpose of the way our tax law is writ- split, and once more I want my rights, rights issue because I think it is very ten. Therefore I was very much in favor my human rights.’’ interesting that the opposition is of what this motion to recommit— How dare anybody bring up on the bringing it up. Before this even kicks quite frankly I was in favor of it, how- floor of this House of Representatives in we have to have about 5 million dol- ever, after the hearing yesterday in human rights and compare them to lars’ worth of assets. We are talking which I sat through most of, and read, people trying to leave the Soviet about couples who have $1.2 million of and studied, and looked into the situa- Union, Jews trying to leave the Soviet capital gains. I mean it does not even tion of exactly what we are doing, how Union, kept there in the iron grip of kick in until they go beyond a couple this affects international tax law and communism? I ask, ‘‘Do you think beyond $1.2 million of capital gains also the fact, in my judgment, a green they’re able to leave Burma today?’’ treatment. Most of those people end up card holder working in the United Look at all the analogies that can be H 3850 CONGRESSIONAL RECORD — HOUSE March 28, 1995 made with repression, and dictatorship, posal to change the law we have on the fellow trying to train his dog, and it and authoritarianism, and compare books, which is clearly flawed. will not behave. So if it is sitting, he someone leaving the United States. I b 1900 says ‘‘sit;’’ if it stands, he says hear every aspect of their assets will be ‘‘stand;’’ if it is lying down, he says looked at. Not to the administration’s proposal; ‘‘lie down;’’ because they are desperate If I had my way, this bill, this in- not to the Clinton proposal to change for some kind of control. the law we have on the books, which is struction by the gentleman from Flor- That is exactly what we are seeing clearly flawed. That is not what we are ida [Mr. GIBBONS] is lightweight, light- here. You are putting so much weight being requested to do. We are being re- weight. This proposal is not designed into this motion to instruct on a quested to bind ourselves to the Senate to prevent Americans from shifting language. flawed Senate provision, I do not un- their assets and citizenship to another What does that Senate language do derstand. You heard the gentlewoman, country. If it was my instruction, it that the Clinton administration lan- who is chairman of the Oversight Com- would. Why should I give two hoots guage does not do? The Clinton admin- mittee saying we need to solve the about somebody that wants to give up istration language said we should go problem, we need to sit down and re- their U.S. citizenship and shift their after noncitizens and citizens. What solve the law. Not here, not now. assets to another country and then say does the Senate language say? We We have said the money in the Sen- that they demand human rights, de- should go after only citizens. ate bill is tied to the deficit. We have mand human rights as a citizen? In other words, if we bind ourselves heard do not have it go to the deficit, It has been brought up about double to the Senate language, we will treat we can have it go to the self-employed, taxation. I say, ‘‘You can triple or citizens of the United States worse up their percentage. We will have it quadruple tax them as far as I’m con- than noncitizens. Aliens can come in this or we will have it that. However it cerned, run it up to a hundred percent this country, take that money, and is, you want it your way. if they want to give up their citizen- leave, and this provision of the law The answer is, this area needs to be ship because they don’t want to pay would not apply to them. It is only to changed. For you folks to stand up and their taxes.’’ citizens. get carried away about the question of They say here that maybe—it is im- What happened to you folks when citizenship is to put this out of com- possible for me to understand why we you moved from the majority to the plete context. You want control. You are not passing this. I will tell my col- minority? What is this, comparing us will go to the lengths you have just ex- leagues this: to other countries? We should not be hibited to show that control. I’ve tried mostly in my campaigns to compared to any countries. We should We have already said we want to sit say what I stand for and what I believe not take other countries’ laws and say down and perfect the law. The Senate and not go to the other person, but I’m we are as good or this is not as bad as provision is flawed. You want us to try going to be very interested what the they are when it deals with citizens. to get it right in a couple of hours on vote is. This is an instruction. This is When the gentleman from Florida a conference that is critically timed to just an instruction. We all know what stands up and states his position, I will the tax bill provisions so that these ‘instruction’ means. This is a guidepost disagree with that position, but I will to you to go into this. I can’t believe defend his right to say it. I will never, people can get the relief they so des- that anybody will come down here and ever oppose his right to say it. When perately seek. vote against this instruction, and, if we offer citizenship, we ought not to What is the difference in a couple of you do, I tell you not only when I go offer it qualified. If we have a problem months, if the gentlewoman from Con- home, but in every chance that I get to with the law, let us change the law. necticut has told you the date is locked speak in this country, and, believe me, Maybe the problem is the Tax Code as in. Because of this discussion, we have I get plenty of them, and to everybody well, in which Americans take a look the date locked in. Let us not do it here, I’m going to ask, ‘How can you be at the confiscatory tax structure that fast. Let us do it right. If you are real- against legal immigrants? How can you we have and go so far as to say in ly honest about wanting to solve this be against the kids? How can you say weighing choices, maybe I will take a problem, you will join with us in get- that we should all do our share in look at citizenship. If we buy the Sen- ting it right, and at the same time America, including making all the ate position, a holder of a green card, a begin to change the Tax Code so no kids, and the elderly people, and every- noncitizen, would never have to make American citizen will ever consider re- body else, have to contribute to the that decision. We have American citi- nouncing their citizenship to get away zens making that decision. There is a deficit, to bring it down, and at the from the confiscatory taxes that we law on the books that says if you re- same time allow these sleazy bums, have in this country. nounce your citizenship for tax pur- who don’t want to pay their taxes, to Mr. GIBBONS. Mr. Speaker, I yield 30 poses, you will be punished. Should we leave this country, and renounce their seconds to the gentleman from Massa- change that law? Yes, we need to citizenship, and expect me to have one chusetts [Mr. FRANK]. change the law. It is not working. It is iota of sympathy for them.’’ Mr. FRANK of Massachusetts. Mr. hard to nail those people. We have to Speaker, I am glad to hear this pledge Pass this instruction, and stand up perfect the law. But not here, and not for America. about taking time and doing things now, and especially not with the Sen- right and not doing them too hastily. I Mr. ARCHER. Mr. Speaker, I yield 5 ate provision. thought the contract outlawed that. minutes to the chairman from Califor- Now, we have been told that we have I wanted to explain to my colleagues nia [Mr. THOMAS], chairman of the Sub- to follow the Senate instructions. Then why our friends on the other side are committee on Health, a valued member we have been told no, just go in and of the Committee on Ways and Means. work out your differences. If it is not not so worried about this. They are not (Mr. THOMAS asked and was given the specific instruction to buy the Sen- worried because they have the solu- permission to revise and extend his re- ate provision, then let us go ahead and tion. We are worried about wealthy marks.) try to figure out a way in a couple of people feeling that the Tax Code bur- Mr. THOMAS. Mr. Speaker, in case hours in a closed room how to solve dens them too heavily and renouncing some folks think that what we are this problem, when the gentlewoman their citizenship. But you forget, they talking about is what was just talked from Connecticut came in front of you are going to change the Tax Code. By about, let us take a look at what we and said she held a hearing on it and the time they are through with the Tax are really talking about, and that is the Treasury could not even produce Code, if they have their way, no specifically a motion from the gen- accurate numbers of the number of wealthy people will feel bothered by it. tleman from Florida to require the people who are exercising this provi- By the time they are through weaken- House conferees to agree to the provi- sion. We want to change the law, but ing the minimum tax and giving them sions contained in section 5 of the Sen- not here, not now. capital gains and giving tax credits for ate amendment, not to the administra- If you want to see the frustration of people with hundreds of thousands of tion’s proposal, not to the Clinton pro- the minority, it is a little bit like the dollars, there will not be any problem. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3851 So they are solving the problem the Let us look at Germany. Germany guage on this matter, and in 15 seconds other way. They are going to make the has been held out saying they are that issue will be behind us. Tax Code rich-people-friendly, and no tougher than we are. To pay this tax, All of you have been to conference. one will leave. you have to own 25 percent of the stock You know how it works. All the gen- Mr. ARCHER. Mr. Speaker, I yield of a corporation, or more, of a corpora- tleman has to do is say, I am following myself such time as I may consume. tion. You have to be a big stockholder instructions, and it is over. The Senate Mr. Speaker, let me simply say that in a German corporation to be caught cannot take it off the table and it is a what this issue is about today is not in this tax, and then you are taxed only matter that becomes law. So there is really substance. This issue can be dis- on the gain in the stock in that cor- nothing to that. cussed in the conference committee. poration and at half the regular tax Now, this does not affect foreign in- But the motion to instruct would at- ratio. vestment in the United States. This tempt, without having any binding This is an entirely different tax than does not affect anything except those force, I must say, to tie the hands of the tax being proposed; it would have selfish people who would make a for- the conferees for a specific provision an entirely different impact on foreign tune here in the United States, or in- without change. This is unnecessary. investors. herit a fortune here in the United We will be going to conference, we will Furthermore, if you came into Ger- States, and would like not to pay any be discussing this issue, and it is a many and then left, you would only be U.S. taxes, so they just renounce their nonbinding motion to instruct. taxed on the gain during the period you citizenship. They do not even have to Mr. Speaker, I yield 4 minutes to the were in Germany. leave the country, Mr. Speaker. They gentlewoman from Connecticut [Mrs. Now, my friends, we are absolutely can stay here and still just renounce JOHNSON]. obliged to support the administration their citizenship and say I am keeping Mrs. JOHNSON of Connecticut. Mr. in closing a loophole they have identi- it, fellows, the rest of you slobs pay Speaker, I do want to reiterate that I fied. But we must treat noncitizens and taxes. But not me, because I am in that do not oppose amending the law so that citizens the same way, and must not privileged category. I just renounced people cannot use renunciation of citi- adopt a tax that is so extraordinarily my American citizenship. zenship to avoid the payment of legiti- How stupid can we be? This is a tax mately owed taxes. But this bill does different than that of other countries that it has ramifications for people loophole of major proportions, Mr. need amending. We cannot accede to Speaker. It is a tax loophole for very the Senate language. And I want to who are making investment decisions. We also must adopt a tax that is re- wealthy Americans. They are the only make very clear that we are not just people that are taking advantage of it, talking about 24 multimillionaires. spectful of trust obligations and other obligations for which it is not possible and not all the very wealthy Ameri- Do you realize that any Cuban-Amer- cans are taking advantage of it, Mr. ican who came here to escape Castro, to generate cash to immediately pay off tax obligations as defined under Speaker. They stay here and they pay started their own small business, it their taxes just like all the rest of us. could be a single woman, the small this bill. It is perfectly possible for us to solve Mr. Speaker, I yield back the balance business did very, very well over time, of my time, and I move the previous she bought a very nice house, she these problems. I only ask that in con- ference you give yourselves the time to question on the motion to instruct. bought a very nice car, made some The previous question was ordered. other investments, now Cuba gets do that, and not bind yourself to the Senate language. I do not ask that my The SPEAKER pro tempore. The freed, she wants to go back. She wants question is on the motion to instruct to for symbolic reasons renounce her colleagues, because this is a difficult offered by the gentleman from Florida American citizenship, but she wants to issue, vote with me. I do not ask that. [Mr. GIBBONS]. leave a trust for her kids here and I do ask that this debate be considered The question was taken; and the wants to leave her business here mov- by the conference and that we not Speaker pro tempore announced that ing along. But she wants to sell her adopt a policy that would be destruc- the noes appeared to have it. house, she wants to take a lot of her tive for us as a Nation and probably in Mr. GIBBONS. Mr. Speaker, I object assets back, and she wants to be a the long run destructive of our eco- to the vote on the ground that a Cuban citizen. nomic strength. quorum is not present and make the This bill catches her, and the trust Mr. ARCHER. Mr. Speaker, on the point of order that a quorum is not provisions are such and the tax she assumption that the gentleman from present. would owe on the business she built are Florida [Mr. GIBBONS] will close, I yield The SPEAKER pro tempore. Evi- such that she would have to sell them back the balance of my time. dently a quorum is not present. to pay this level of tax. Mr. GIBBONS. Mr. Speaker, I yield The Sergeant at Arms will notify ab- This is not just about billionaires. myself such time as I may consume. sent Members. This is about everybody who renounces Mr. Speaker, this is not a new issue. The vote was taken by electronic de- their citizenship, and it is going to About 2 weeks ago this came up in the vice, and there were—yeas 193, nays catch a lot of Cuban-Americans, it is Committee on Ways and Means. The 224, not voting 17, as follows: going to catch a lot of Hungarian- gentleman from Washington [Mr. Americans, and Czech-Americans and MCDERMOTT] had an amendment like [Roll No 272] others who flew Communist nations this, and, Mr. Speaker, every single, YEAS—193 and came here and worked with ex- solitary Republican on the Committee Abercrombie Chapman Doyle traordinary energy and resources and on Ways and Means voted against it. Ackerman Clement Duncan Andrews Clyburn Durbin built something for themselves and Let me repeat that: This amendment Baesler Coleman Edwards now decide to leave. came up in the Committee on Ways and Baldacci Collins (IL) Engel So let me say that this is a tough Means 2 weeks ago, and every single, Barcia Collins (MI) Eshoo Barrett (WI) Condit Evans provision. It needs some improvement. solitary Republican on the Committee Becerra Conyers Fattah My colleague said it is not tougher on Ways and Means voted against it. Beilenson Costello Fazio than the taxes of other countries. He They are still here defending these peo- Bentsen Coyne Fields (LA) used Finland as an example. Listen to ple who would escape taxation by re- Berman Cramer Filner Bevill Danner Flake what Finland does. A Finnish citizen nouncing their American citizenship, Bishop de la Garza Foglietta who leaves the country is deemed to be the place where they made the money. Bonior Deal Ford a resident for 3 more years. In other All right. Now, the gentleman from Borski DeFazio Frank (MA) Boucher DeLauro Furse words, they are treated for tax pur- Texas [Mr. ARCHER] would scare the Brewster Dellums Gejdenson poses as being a resident for 3 more people to death about how complicated Browder Deutsch Geren years. Current law treats people as this would be in conference. If we adopt Brown (CA) Dicks Gibbons deemed to be a resident for 10 years. my motion, all that the gentleman has Brown (FL) Dingell Gonzalez Brown (OH) Dixon Goodling Our current law is tougher than the to do is say I have been instructed by Bryant (TX) Doggett Gordon Finnish law. the House to accept the Senate lan- Cardin Dooley Green H 3852 CONGRESSIONAL RECORD — HOUSE March 28, 1995 Greenwood McHale Sanders Porter Sensenbrenner Tiahrt Oh, yes, the Republican version, Mr. Gutierrez McKinney Sawyer Portman Shadegg Torkildsen Hall (OH) McNulty Schroeder Pryce Shaw Upton Speaker, of term limits, shows there is Hamilton Meehan Schumer Quillen Shays Vucanovich no limit to the length that they will go Hastings (FL) Meek Scott Quinn Shuster Waldholtz try to fool the American people. Hayes Menendez Serrano Radanovich Skeen Walker Hefner Mfume Sisisky Ramstad Smith (MI) Walsh ORIGINAL SPONSOR AND COSPONSORS OF THE Hilliard Miller (CA) Skaggs Regula Smith (NJ) Wamp INGLIS AMENDMENT Hinchey Mineta Skelton Riggs Smith (TX) Watts (OK) (Providing that no person may serve in Holden Minge Slaughter Roberts Smith (WA) Weldon (FL) Congress more than 2 full terms as a Sen- Hoyer Mink Spratt Rogers Solomon Weldon (PA) ator, and that no person may serve in Con- Jackson-Lee Moakley Stark Rohrabacher Souder Weller Jacobs Mollohan Stenholm Ros-Lehtinen Spence White gress for more than 3 full terms as a Rep- Johnson (SD) Montgomery Stokes Royce Stearns Whitfield resentative. Also provides that service as a Johnson, E. B. Moran Studds Salmon Stockman Wicker Senator or Representative before the amend- Johnston Neal Stupak Sanford Stump Wolf ment takes effect shall not be taken into ac- Kanjorski Oberstar Tanner Saxton Talent Young (AK) count in determining length of service) Kaptur Obey Tauzin Scarborough Tate Young (FL) (All Representatives who have served more Kennedy (MA) Olver Taylor (MS) Schaefer Taylor (NC) Zeliff than three terms are in italic.) Kennedy (RI) Ortiz Tejeda Schiff Thomas Zimmer Kennelly Owens Thompson Seastrand Thornberry ORIGINAL SPONSOR Kildee Pallone Thornton Inglis (1992) Kleczka Parker Thurman NOT VOTING—17 Klink Pastor Torres Bateman Gephardt Richardson COSPONSORS LaFalce Payne (NJ) Torricelli Clay Harman Rush Dornan (1976) Lantos Payne (VA) Towns Clayton Jefferson Velazquez Sanford (1994) Laughlin Pelosi Traficant Farr Murtha Wilson Armey (1984) Levin Peterson (FL) Tucker Frisa Nadler Yates Lewis (GA) Pickett Vento Frost Orton Goss (1988) Lincoln Pomeroy Visclosky Hutchinson (1992) Lipinski Poshard Volkmer b 1933 Dickey (1992) Lofgren Rahall Ward Mr. PETERSON of Minnesota and Royce (1992) Lowey Rangel Waters Hoekstra (1992) Luther Reed Watt (NC) Mr. LATHAM changed their vote from Lewis (KY) (1994) Maloney Reynolds Waxman ‘‘yea’’ to ‘‘nay.’’ Salmon (1994) Manton Rivers Williams Mr. DUNCAN and Mr. STENHOLM Markey Roemer Wise Graham (1994) Martinez Rose Woolsey changed their vote from ‘‘nay’’ to Davis (1994) Mascara Roth Wyden ‘‘yea.’’ Heineman (1994) Matsui Roukema Wynn So the motion was rejected. Chabot (1994) McCarthy Roybal-Allard Smith (WA) (1994) McDermott Sabo The result of the vote was announced as above recorded. Ganske (1994) NAYS—224 Chrysler (1994) A motion to reconsider was laid on Ensign (1994) Allard Doolittle Johnson (CT) the table. Cooley (1994) Archer Dornan Johnson, Sam The SPEAKER pro tempore (Mr. ZIM- Armey Dreier Jones Christensen (1994) Bachus Dunn Kasich MER). Without objection, the Chair ap- Fox (1994) Baker (CA) Ehlers Kelly points the following conferees: Messrs. Calvert (1992) Baker (LA) Ehrlich Kim ARCHER, CRANE, THOMAS, GIBBONS, and Nethercutt (1994) Ballenger Emerson King Shadegg (1994) Barr English Kingston RANGEL. There was no objection. Metcalf (1994) Barrett (NE) Ensign Klug Whitfield (1994) Bartlett Everett Knollenberg f Barton Ewing Kolbe Bass (1994) Solomon (1978) Bass Fawell LaHood TERM LIMITS Bereuter Fields (TX) Largent Forbes (1994) Bilbray Flanagan Latham (Mr. GUTIERREZ asked and was Blute (1992) Bilirakis Foley LaTourette given permission to address the House Smith (TX) (1986) Bliley Forbes Lazio for 1 minute and to revise and extend Bachus (1992) Blute Fowler Leach Kim (1992) Boehlert Fox Lewis (CA) his remarks.) Riggs (1994) Boehner Franks (CT) Lewis (KY) Mr. GUTIERREZ. Mr. Speaker, when Bonilla Franks (NJ) Lightfoot Longley (1994) Bono Frelinghuysen Linder you are given a contract read the fine Cox (1988) Brownback Funderburk Livingston print. The Contract With America sug- Smith (MI) (1992) Bryant (TN) Gallegly LoBiondo gests that those who ran on term lim- Baker (CA) (1992) Bunn Ganske Longley its actually believe in it. Well, the fine Weldon (FL) (1994) Bunning Gekas Lucas Coburn (1994) Burr Gilchrest Manzullo print allows those folks to hang on a Radanovich (1994) Burton Gillmor Martini lot longer unless we make term limits Buyer Gilman McCollum retroactive. Roth (1978) Callahan Goodlatte McCrery Packard (1982) Calvert Goss McDade Let me suggest that if your Rep- Stump (1976) Camp Graham McHugh resentative campaigned on cleaning Everett (1994) Canady Gunderson McInnis out the barn, call them up and ask Thornberry (1994) Castle Gutknecht McIntosh them, ‘‘OK, how long have you been in Allard (1990) Chabot Hall (TX) McKeon Chambliss Hancock Metcalf D.C.?’’ Bono (1994) Chenoweth Hansen Meyers Today, Mr. Speaker, I am going to Cunningham (1990) Christensen Hastert Mica submit an interesting list of names of Tate (1994) Chrysler Hastings (WA) Miller (FL) those who support term limits of 6 to Dunn (1992) Clinger Hayworth Molinari Talent (1992) Coble Hefley Moorhead 12 years. You can get it on the Internet Chenoweth (1994) Coburn Heineman Morella or in the copy. Jones (1994) Collins (GA) Herger Myers I look at the list, and I see a gen- Combest Hilleary Myrick Burr (1994) Cooley Hobson Nethercutt tleman from Florida first elected in Cubin (1994) Cox Hoekstra Neumann 1980 who is a sponsor of one of these Stockman (1994) Crane Hoke Ney term-limit bills. I see a gentleman Crane (1969) Crapo Horn Norwood Peterson (MN) (1988) Cremeans Hostettler Nussle from my own State of Illinois, which reminds me, I forgot to congratulate McIntosh (1994) Cubin Houghton Oxley Fields (TX) (1980) Cunningham Hunter Packard the gentleman from Illinois [Mr. McCrery (1986) Davis Hutchinson Paxon CRANE], first elected 26 years ago, for DeLay Hyde Peterson (MN) Barcia (1992) Diaz-Balart Inglis Petri an award citing him as a term-limits Minge (1992) Dickey Istook Pombo hero. So let us do that right now. Myrick (1994) March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3853 ORIGINAL SPONSORS AND COSPONSORS OF THE Sam Johnson (1990) PERMISSION FOR CERTAIN COM- MCCOLLUM AMENDMENT Kim (1992) MITTEES TO SIT TOMORROW, (Providing that no person who has been Kingston (1992) WEDNESDAY, MARCH 29, 1995, elected to the Senate two times shall be eli- Klug (1990) DURING 5-MINUTE RULE gible for election or appointment to the Sen- Knollenberg (1992) ate, and that no person who has been elected LaHood (1994) Mr. IGNLIS of South Carolina. Mr. to the House of Representatives six times Latham (1994) Speaker, I ask unanimous consent that shall be eligible for election to the House.) LaTourette (1994) the following committees and their (All Representatives who have served more Lazio (1992) subcommittees be permitted to sit to- than 3 terms are in italic.) Leach (1976) morrow while the House is meeting in ORIGINAL SPONSORS Lewis (KY) (1994) the Committee of the Whole House McCollum (1980) Linder (1992) under the 5-minute rule: Hansen (1980) Lucas (1994) The Committee on Agriculture, the Peterson (MN) (1990) McIntosh (1994) Committee on Banking and Financial Lobiondo (1994) McKeon (1992) Services, the Committee on Commerce, COSPONSORS Meehan (1992) the Committee on Economic and Edu- Metcalf (1994) Lightfoot (1984) cational Opportunities, the Committee Gillmor (1988) Mica (1992) Allard (Deleted Feb 7, 95) (1960) Miller (FL) (1992) on Government Reform and Oversight, Armey (1984) Minge (1992) the Committee on International Rela- Bachus (1992) Myrick (1994) tions, the Committee on the Judiciary, Baker (CA) (1992) Neumann (1994) the Committee on National Security, Ballenger (1984) Ney (1994) the Committee on Resources, the Com- Barcia (1992) Norwood (1994) mittee on Small Business, and the Barr (1994) Nussle (1990) Committee on Transportation and In- Barrett (NE) (1992) Packard (1982) Bartlett (1992) frastructure. Bass (1994) Paxon (1988) The SPEAKER pro tempore. Is there Bereuter (1978) Pombo (1992) objection to the request of the gen- Bilbray (1994) Portman (1993) tleman from South Carolina? Bilirakis (1992) Pryce (1992) There was no objection. Blute (1992) Quinn (1992) Bonilla (1990) Ramstad (1990) f Radanovich (1994) Brownback (1994) SPECIAL ORDERS Bryant (TN) (1994) Riggs (1994) Bunning (1986) Rohrabacher (1988) The SPEAKER pro tempore. Under Burr (1994) Royce (1992) the Speaker’s announced policy of Jan- Buyer (1992) Saxton (1982) uary 4, 1995, and under a previous order Calvert (1992) Scarborough (1994) of the House, the following Members Camp (1990) Schaefer (1983) will be recognized for 5 minutes each. Canady (1990) Seastrand (1994) Chambliss (1994) f Shadegg (1994) Christensen (1994) Shaw (1980) The SPEAKER pro tempore. Under a Coble (1984) previous order of the House, the gentle- Collins (GA) (1992) Smith (MI) (1992) Cooley (1994) Smith (TX) (1986) woman from Ohio [Ms. KAPTUR] is rec- Crane (1969) Solomon (1978) ognized for 5 minutes. Cremeans (1994) Souder (1994) [Ms. KAPTUR addressed the House. Cunningham (1990) Stearns (1988) Her remarks will appear hereafter in Stockman (1994) Deal (1992) the Extensions of Remarks.] Diaz-Balart (1992) Stump (1976) Dickey (1992) Talent (1992) f Doolittle (1990) Taylor (NC) (1990) Dunn (1992) Thornberry (1994) TERM LIMITS: THEIR TIME HAS English (1994) Tiahrt (1994) COME Ensign (1994) Torkildsen (1992) The SPEAKER pro tempore. Under a Everett (1992) Upton (1986) previous order of the House, the gen- Ewing (1990) Waldholtz (1994) Fields (TX) (1980) tleman from Michigan [Mr. SMITH] is Wamp (1994) Flanagan (1994) recognized for 5 minutes. Weller (1994) Foley (1994) Mr. SMITH of Michigan. Mr. Speak- Forbes (1994) White (1994) er, we are almost ready to embark on a Whitfield (1994) Fox (1994) great decision of whether we should Franks (CT) (1990) Wilson (1972) Zeliff (1990) have term limits for Members of the Frisa (1994) United States Congress. When George Funderburk (1994) Zimmer (1990) Gallegly (1986) McInnis (1992) Will writes about term limits, he uses Ganske (1994) Hayes (1986) a couple of baseball stories to illus- Gekas (1982) Meyers (1984) trate his point. Goodlatte (1990) Walker (1986) When Earl Weaver was managing the Goss (1988) Deutsch (1992) Baltimore Orioles, he used to shove his Graham (1994) Coburn (1994) chin into the chest of the umpire and Greenwood (1992) Goodling (1974) shout at the top of his lungs: ‘‘Are you Gunderson (1980) going to get any better, or is this it?’’ Gutknecht (1994) f Hancock (1988) Well, the American people have decided Harman (1992) PERSONAL EXPLANATION that their Government in Washington Hastings (WA) (1994) is not going to get any better, some- Hayworth (1994) Mr. FARR. Mr. Speaker, on rollcall thing has to be done, this can’t be it. Hilleary (1994) 272, I was not present for that rollcall. When the Washington Senators were Hobson (1990) Had I been here, I would have voted owned by Clark Griffith, he said one Hoekstra (1992) aye. I would like the RECORD to reflect day after the opposing teams had hit a Hoke (1992) that, immediately following the vote. bunch of home runs: ‘‘Fans like home Horn (1992) The SPEAKER pro tempore. Is there Houghton (1986) runs, and we have assembled a pitching Hutchinson (1992) objection to the request of the gen- staff to please our fans.’’ Term limits Inglis (1992) tleman from California? are a way of correcting this approach Istook (1992) There was no objection. to Government. H 3854 CONGRESSIONAL RECORD — HOUSE March 28, 1995 The foundation of American thought paying job and making the tough deci- this place in the majority control of with regard to Government goes as far sions, too often we see too many tak- the GOP for the next several Con- back as the Athenian democracy, but I ing the easy road to perpetuate their gresses, we will get it passed sooner or think it owes a good deal to the British own job in office. later. political philosopher John Locke, who Some people argue that we have term described government as a necessary limits now. It is in the ballot box. But ROMAN CATHOLIC REPRESENTATIVES nuisance to cope with inconveniences. the reality evident to anyone who Mr. DORNAN. Mr. Speaker, what I Locke’s view was we didn’t need a pow- takes a look at this system, it is heav- have come to the floor to talk about is erful government to overcome the in- ily weighted towards incumbents. something very uncomfortable. I think ability of Americans to deal with each Let us look at this last election, it is a very good reason for term limits other. which is such a good example, some and the end of careerism, and that is As with George Will, I have changed people say, of the power of the people that people of my Christian denomina- my mind on term limits. I now believe to exercise their own term limits. It tion come to this House, Roman Catho- they are necessary to restore the faith didn’t happen. Most incumbents won. lics so enamored with hanging on to of our Government. Alexander Hamil- Most of the PAC money went to incum- this $133,600 a year job that they will ton, in the Federalist Paper No. 68, bents. waffle on moral issues of principle, sell wrote: ‘‘The true test of a good govern- And it is important, Mr. Speaker, their souls almost literally, reject the ment is its aptitude and tendency.’’ that we do something to make this admonition in the Scripture, ‘‘What As we look over the last 30 years, Government better, more responsive to does it profit a man to gain the world what has been the aptitude and tend- the people. I suggest that something is or a lousy seat in the House or the Sen- ency of this Government? The aptitude to exercise term limits and our votes ate and endanger his soul.’’ and tendency is to borrow, to tax, to to include it in the Constitution. They come here and reject Mother spend, and to perpetuate ourselves in The SPEAKER pro tempore. Under a Teresa’s words about the importance of office. previous order of the House, the gen- abortion as a terrible blight upon civ- For example, this Government has tleman from Maryland [Mr. MFUME] is ilization, one that can literally cause now spent $5 trillion coping with our recognized for 5 minutes. the decline of civilization around the welfare problem. We have resulted in a (Mr. MFUME addressed the House. world, and is. permanent underclass. We have got a His remarks will appear hereafter in They reject the teaching of the Pope Social Security system that is teeter- the Extensions of Remarks.] in Rome and the new encyclical com- ing on the brink of bankruptcy. f ing out the day after tomorrow called What have we done for future genera- Evangelium Vitae, the gospel of life. THE NEED FOR TERM LIMITS tions? We have gone into debt $5 tril- The hammer is coming down from the lion, thinking that what we do now is The SPEAKER pro tempore. Under a boss in Rome for those who are loyal to more important than giving them a re- previous order of the House, the gen- the teaching authority of the church. sponsibility to pay for our tleman from California [Mr. DORNAN] is Members in this House and Senate overindulgences. Is this it, or can we do recognized for 5 minutes. will make light of abortion. They will better? I have come to believe in term Mr. DORNAN. Mr. Speaker, I thought go against every single bishop, no mat- limits only after examining our Gov- the remarks of the gentleman from ter how flaky or liberal a bishop on the ernment from the inside. Michigan [Mr. SMITH] on term limits left might be. There is not a single The Founding Fathers were aware of were excellent. bishop, 300-plus in the United States, term limits. Mr. Speaker, I wonder how I am not a convert on this. I came to who wavers on what Vatican Council many Members of Congress know that this Congress in 1976 and declared in Number II called an unspeakable term limits existed in the Articles of January of 1976 to campaign all that crime, what the church carefully delin- Confederation. While recognizing the year. And in my declaration of can- eates as intrinsically, inherently evil. inherent problem of perpetuating one- didacy remarks on January 27, 1976, They will waffle all over the place on self in office, the Founding Fathers did one of the principal things I mentioned this issue. Others will stay steadfast not include term limits in our Con- was the importance of term limits. even if it jeopardizes their seat elec- stitution because at that time it I had gotten out of the Air Force at tion after election. wasn’t a very fun job. It wasn’t pleas- 24 years of age and hoped to be a That is why I am going to put in the ant to be in Congress. younger Member of Congress in my 30’s RECORD tonight the list of all of the At that time, and they were to a to serve, at that time, I thought 10 Catholics by name in this House and great extent correct, the living wasn’t years was a good figure, and leave. then do no follow-up on it, probably good, and it was hot in Washington. It I watched the person in my congres- not. But ask everyone who is proud wasn’t until after the Civil War that sional district never get on what we enough of his faith to put Catholic in we saw the advent of the career politi- would consider a middle level commit- their biographies and all of our major cian in Washington. tee, let alone one of the serious com- directories here to tell the press they Today, as we look at the modern Fed- mittees like Ways and Means or Appro- are a Catholic. eral Government, it is obvious that priations, Armed Services, Foreign Af- If they are proud enough to do that, things have changed. We do not have fairs, Judiciary. Just wasted 18 years, then they have an opportunity before the citizen legislator that the Founders burned him up, did nothing. But he was we have our first abortion vote in this envisioned. We have failed to heed Jef- tall, handsome and the son of a multi- chamber or in the U.S. Senate to come ferson’s warning about public office. He multimillionaire and wasted 18 years home to renew themselves, to think said ‘‘Whenever a man casts a longing doing nothing, accomplishing nothing. about that little boy or girl they were eye upon them, a rottenness begins in But he had the money to defend his at their First Communion, to think his conduct.’’ seat and voting as a moderate Repub- about their Confirmation when they The Congress and the rest of the Fed- lican which staved off any challenge became a soldier for Jesus Christ, to eral Government has become a system from the left in the general election, it put their soul first, to put not giving a of career politicians. was basically a Republican seat, and bad example to young people all across always having the money to block a this country first, and to come home b 1945 conservative challenger or even a radi- on that first vote. It is a problem where we now depend cal activist moderate who might want We know how difficult it is in this on this career for our livelihood. Can to do something with the seat. Chamber and the other when you vote you imagine the career politician that So I have been for term limits all of against your conscience and you have wants this good-paying job when it my adult life. And I hope, although the flipped, flipped out morally and voted comes to the tough leadership deci- odds are diminishing, that we are going against the teaching of your church. sions that are often asked of Members to pass it. I hope that our Speaker is We know how difficult it is to flop of Congress? When it becomes a con- right, and that NEWT GINGRICH says back. Nobody wants to be a flip-flop- flict between that career and a good- Congress after Congress, if we leave per. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3855 But I would say here it is a new day, Vermont: Patrick J. Leahy (D). Washington: Richard ‘‘Doc’’ Hastings (R). a new Congress. The GOP is in control, Washington: Patty Murray (D). Wisconsin: Thomas M. Barrett, (D); Gerald at least for another year and 7 months. HOUSE OF REPRESENTATIVES D. Kleczka (D); Scott L. Klug (R); David R. Come home. Vote with Mother Teresa. Alabama: Sonny Callahan (R). Obey (D); Toby Roth (R). Recognize abortion for the intrinsic Arizona: Ed Pastor (D). RELIGION ON THE HILL California: Bill Baker (R); Xavier Becerra evil and the unspeakable crime that it Affiliations for members of the 104th Con- (D); Brian P. Bilbray (R); Sonny Bono (R); gress: 344 Protestant, 149 Catholic, 34 Jewish, is. And you are going to feel good be- Christopher Cox (R); Robert K. Dornan (R); 6 Orthodox, and 7 Other. cause careerism has made cowards out Anna G. Eshoo (D); Matthew G. Martinez (D); Source: Congressoinal Quarterly. of at least a third of Catholics in this George Miller (D); Nancy Pelosi (D); Richard House and out of the majority of W. Pombo (R); George P. Radanovich (R); f Catholics in the other body. Lucille Roybal-Allard (D); Ed Royce (R); An- The figures are there. We are at an drea Seastrand (R). The SPEAKER pro tempore. Under a all-time high: 128 in the House, 21 in Colorado: Scott McInnis (R); Dan Schaefer previous order of the House, the gen- the Senate; 74 Democrats, 54 Repub- (R). tleman from Oregon [Mr. DEFAZIO] is Connecticut: Rosa DeLauro (D); Barbara B. recognized for 5 minutes. licans in this Chamber. Kennelly (D). I repeat for the fifth time, come Delaware: Michael N. Castle (R). [Mr. DEFAZIO addressed the House. home before we have that vote in the Florida: Lincoln Diaz-Balart (R); Mark His remarks will appear hereafter in next 2 months. And, with that, Mr. Foley (R); Pete Peterson (D); Ileana Ros- the Extensions of Remarks.] Speaker, I submit the list of all those Lehtinen (R); E. Clay Shaw Jr. (R). f proud enough to call themselves Georgia: Cynthia A. McKinney (D). Roman Catholics in their biography for Guam: Robert Anacletus Underwood (D). The SPEAKER pro tempore. Under a Illinois: Jerry F. Costello (D); Richard J. previous order of the House, the gen- the official record. Durbin (D); Lane Evans (D); Michael Patrick The list referred to follows: tleman from New York [Mr. FORBES] is Flanagan (R); Luis V. Gutierrez (D); Henry J. recognized for 5 minutes. [From the Southern Cross, Feb. 9, 1995] Hyde (R); Ray LaHood (R); William O. Lipin- TOTAL CATHOLICS IN CONGRESS SETS RECORD; ski (D). [Mr. FORBES addressed the House. MORE GOP CATHOLICS, TOO Indiana: Andrew Jacobs Jr. (D); Tim Roe- His remarks will appear hereafter in mer (D); Peter J. Visclosky (D). (By Patricia Zapor) the Extensions of Remarks.] Iowa: Greg Ganske (R); Jim Ross Lightfoot WASHINGTON.—At a record 149, there are (R). f seven more Catholics in the 104th Congress Kentucky: Jim Bunning (R). The SPEAKER pro tempore. Under a than two years ago, and a greater percentage Louisiana: W.J. ‘‘Billy’’ Tauzin (D). previous order of the House, the gen- of them are Republican than in previous ses- Maine: John Baldacci (D); James B. sions. Longley Jr., (R). tleman from Michigan [Mr. STUPAK] is According to Congressional Quarterly, Maryland: Constance A. Morella (R). recognized for 5 minutes. Catholics constitute the largest single de- Massachusetts: Peter I. Blute (R); Joseph [Mr. STUPAK addressed the House. nomination, as they have for decades, al- P. Kennedy II (D); Edward J. Markey (D); His remarks will appear hereafter in though Protestants dominate as a group Martin T. Meehan (D); Joe Moakley (D); the Extensions of Remarks.] with 344. Richard E. Neal (D); Martin T. Meehan (D); The Senate has 21 Catholics, the House Joe Moakley (D); Richard E. Neal (D); Peter f 128—a shift since 1992 from the 23 Catholic G. Torkildsen (R). senators and 119 Catholic members of the Michigan: James A. Barcia (D); David E. PRIVATE FUNDING FOR NEA House when the 103rd Congress began Bonior (D); Dave Camp (R); John D. Dingell Of this session’s Catholics, nine senators (D); Dale E. Kildee (D); Joe Knollenberg (R); The SPEAKER pro tempore. Under a and 54 members of the House are in the GOP, Bart Stupak (D). previous order of the House, the gen- the most Catholic Republicans ever in Con- Minnesota: Gil Gutnecht (R); William P. tleman from Missouri [Mr. HANCOCK] is gress. Luther (D); James L. Oberstar (D); Bruce F. recognized for 5 minutes. The next-largest single denomination is Vento (D). Mr. HANCOCK. Mr. Speaker, Last Baptist, with 67. There are 62 Methodists, 56 Mississippi: Gene Taylor (D). night multimillionaire Hollywood ac- Presbyterians, 49 Episcopalians, 20 Missouri: William L. Clay (D); Pat Danner Lutherans and 14 Mormons, according to bio- (D); Karen McCarthy (D); Harold L. Volkmer tors, actresses, and producers—one graphical questionnaires compiled by Con- (D). after another—got up to accept their gressional Quarterly. Another three senators Montana: Pat Williams (D). Oscar during the Academy Awards and and three representatives belong to Eastern Nevada: Barbara F. Vucanovich (D). ranted on national television about the Christian churches, including Greek and New Jersey: Frank A. LoBiondo (R); Bill need to preserve Federal taxpayer Eastern Orthodox. Martini (R); Robart Menendez (D); Frank funding for the National Endowment The remainder of members listing Chris- Pallone Jr. (D); Christopher H. Smith (R). for the Arts. New Mexico: Bill Richardson (D); Joe tian churches were in an assortment of de- For most people these petty little ti- nominations including Christian Scientist, Skeen (R). Seventh-day Adventists, Unitarian and New York: Sherwood Boehlert (R); Michael rades about the NEA were probably Church of Christ. P. Forbes (R); Maurice D. Hinchey (D); Peter just annoying. But I got angry. Think Thirty-four members are Jewish and seven T. King (R); John J. LaFalce (D); Rick A about those spoiled rich elitists preach- were listed as ‘‘unspecified or other.’’ Lazio (R); Thomas J. Manton (D); John M. ing to hard-working, middle-class By state and party affiliation, the Catholic McHugh (R); Michael R. McNulty (D); Susan Americans that America’s families members of the 104th Congress are: Molinair (R); Bill Paxon (R); Jack Quinn (R); should make more sacrifices to fund a Charles B. Rangel (D); Jose E. Serrano (D); SENATE Nydia M. Velazquez (D); James T. Walsh (R). Federal Arts bureaucracy in Washing- Alaska: Frank H. Murkowski (R). North Carolina: Walter B. Jones Jr. (R). ton. Connecticut: Christopher J. Dodd (D). Ohio: John A. Boehner (R); Steve Chabot Nearly all the people in that room Delaware: Joseph R. Biden Jr. (D). (R); Marcy Kaptur (D); Bob Ney (R); James were multimillonaire entertainers. God Florida: Connie Mack (R). A. Traficant Jr. (D). bless them for being successful. I don’t Illinois: Carol Moseley-Braun (D). Oregon: Peter A. DeFazio (D). begrudge them their success. But if Iowa: Tom Harkin (D). Pennsylvania: Robert A. Borski (D); Wil- they really believe the work of the Louisiana: John B. Breaux (D). liam J. Coyne (D); Mike Doyle (D); Phil Eng- Maryland: Barbara A. Mikulski (D). lish (R); Thomas M. Foglietta (D); Tim Hold- NEA is so important, they should start Massachusetts: Edward M. Kennedy (D) en (D); Paul E. Kanjorski (D); Frank Mascara up a foundation and put their own and John Kerry (D). (D); Joseph M. McDade (R); Paul McHale (D); money where their mouth is. New Hampshire: Robert C. Smith (R). John P. Murtha (D). Steven Spielberg and Quincy Jones New Mexico: Pete V. Domenici (R). Puerto Rico: Carlos Romero-Barcelo (D). could personally fund the Endowment New York: Alfonse M. D’Amato (R), Daniel Rhode Island: Patrick J. Kennedy (D); at its present funding levels with a por- Patrick Moynihan (D). Jack Reed (D). tion of their annual incomes. Half of Ohio: Mike DeWine (R). Texas: Bill Archer (R); E. ‘‘Kika’’ de la Oklahoma: Don Nickles (R). Garza (D); Henry B. Gonzalez (D); Frank the proceeds from the movie Forrest Pennsylvania: Rick Santorum (R). Tejeda (D). Gump could fund the Endowment. I South Dakota: Tom Daschle (D), and Larry Virginia: Thomas J. Bliley Jr. (R); James didn’t hear any such offers from any Pressler (R). P. Moran Jr. (D). celebrities. It is an outrage to have H 3856 CONGRESSIONAL RECORD — HOUSE March 28, 1995 these people tell viewers across Amer- doubt, and for which he will receive this past November exemplify exactly ica who are making $5 and $6 an hour royalties. why we don’t need term limits. or $20,000 and $30,000 a year that they I have nothing against Mr. Grantee But the fact of the matter is that should be making more sacrifices as personally, and I regret the need to use over 90 percent of all incumbents were taxpayers so we can have money for him as an example. But this sort of re-elected this past November. the NEA. routine grant is exactly what is wrong The issue before us tonight is para- I have nothing against the arts. I with the NEA. When there are so many mount to keeping our word with the have personally contributed to the arts competing budget priorities, when American people. in my community. We need sym- hard-working taxpayers are already so Literally every poll shows they want phonies, community theatres, and local burdened, I just cannot justify taking to see term limits enacted. museums. Unlike the Hollywood hypo- money from families—many of them As public servants, I believe the crites I have put my money where my making less than Mr. Grantee—to buy words of former South Dakota Senator mouth is. college professors dishwashers and sup- George McGovern are a grim reminder But I am definitely opposed to fur- plement their Government salaries to to us all why Congress needs term lim- ther taxpayer funding of the arts. relieve them from the stress of paying its. There are other priorities in the Fed- bills. When the Senator left the U.S. Sen- eral budget that are just more impor- Frankly, it is an outrage. While the ate after 18 years to open his own busi- tant, especially when the arts can and flaky, politically correct Hollywierd ness, he had this to say: should be supported privately by those crowd on the West Coast may look ‘‘I wish I had known a little more with the means to do so. down on my unsophisticated concern bout the problems of the private sector The other problem with a govern- for the average taxpayer, the time has . . . I have to pay taxes, meet a pay- ment-funded arts program are the bi- come to defund the National Endow- roll—I wish I had a better sense of zarre things that get funded when you ment for the Arts and get the Govern- what it took to do that when I was in ment out of the art business once and trust bureaucrats with taxpayer dol- Washington.’’ for all. lars. I am not talking about the mor- I urge my colleagues to support the Worthy art—whether it is Mr. Grant- ally obscene grants, like the porno- will of the people and enact term lim- ees poetry or the local symphony—can graphic Mapplethorpe photos and the its. survive with private support. Those Annie Sprinkle nudie show—although who are spending so much energy and b 2000 those are definitely outrageous exam- effort now to reserve taxpayer funding As I mentioned earlier, tomorrow ples of abuse. I am talking about more can and should turn their energy and this House will vote as far as I know mundane examples of waste and abuse. effort toward private fundraising. That for the first time on the floor on a bill Let me give you an example of a typ- includes our self-righteous friends in that involves term limits. And I know ical NEA grant. My hometown news- Hollywood. there has been a lot of talk about term paper, the Springfield News-Leader, did If the public will not support certain limits across the country. Many of us a story on March 20 on a constituent of artistic endeavors through their vol- campaigned on that as freshmen. We mine who recently received a $20,000 untary contributions, I hardly see why subscribed to the Contract With Amer- NEA grant to aid him in his work as a I, as their elected representative, ica. And I believe most of my freshmen poet. A lot of people contacted my of- should force them to spend their tax colleagues support this very strongly. fice and talked to me personally about dollars on them. I think, though, there is a real oppor- this article. f tunity for us tomorrow to bring to the I will call this individual Mr. Grantee floor those votes that represent Ameri- which is not his name. TERM LIMITS cans and vote for term limits. I think Mr. Grantee of Willard, MO is a cre- The SPEAKER pro tempore. Under a many believe that term limits will not ative writing professor at Southwest previous order of the House, the gen- pass. I think it will pass. I can assure Missouri State University making tleman from Tennessee [Mr. BRYANT] is the American public that tomorrow $42,000 a year— a salary funded by the recognized for 5 minutes. probably 80 percent or more of the Re- taxpayers. His wife works on the gov- Mr. BRYANT of Tennessee. Mr. publicans will vote for term limits. The ernment payroll as a nurse for the pub- Speaker, I rise tonight in strong sup- Republican Party can deliver on its lic school system. He says his $20,000 port of term limits. votes for term limits. NEA grant will supplement his income There is a pervasive consensus among And if we can get just half of the so he won’t have to teach summer the American public to see Congress other side, 50 percent of the Democrats school, allowing him to concentrate on enact them. to vote for term limits tomorrow with his poetry. The people of Tennessee who I rep- us, we can see to it that a constitu- Mr. Grantee says: ‘‘I will have less resent are ready to see Congress move tional amendment is passed and that stress. I have a clearer creative mind.’’ beyond power and politics and start the American public, which over- A $20,000 government grant would re- functioning as a true representative whelmingly supports term limits, will lieve a lot of stress for a lot of people, body of the public. have that constitutional amendment including those who don’t already draw Term limits will allow that to hap- passed out of this House of Representa- a government-paid family income of pen more than anything else. tives. $60,000 or more a year. Already, some 42 percent of the Mem- I urge my colleagues on both sides of Mr. Grantee, a very honest fellow, bers of Congress are currently serving the aisle to work with us in a biparti- says he has already incorporated the under term limits. san fashion. Again, we can deliver the money into his family budget. He says And many cities and communities, 80 percent of the Republicans if they he used some of the funds to buy a including New York and Los Angeles— can deliver the 50 percent, the one-half dishwasher and an airline ticket to a both renowned for politics and political of the Democrats needed. And I believe conference. He also says he plans to entrenchment—have imposed term lim- so strongly in this that if we do not buy a personal computer. I can think of its on their Government officials. pass this term limits amendment, that a lot of Americans who wouldn’t mind The first doctrine by which this many of the people who go up for re- the government buying them appli- country was governed—the Articles of election next year, in 1996, cannot pos- ances or paying for their personal trav- Confederation—contained term limits. sibly defend their vote against term el. I believe had our Founding Fathers limits to their constituents, and if this We are promised by Mr. Grantee in foreseen some 200 years into the future vote tomorrow does anything beyond the article that he will produce at least how the purpose of public service has hopefully passage, it will make every- one book of poetry and that he will been interpreted, they would have one in this House vote up or down, yes even begin work on a second before the placed term limits in the constitution. or no for term limits for the first time grant money runs out—books he in- Mr. Chairman, opponents of term ever, not bottled up in committee, but tends to commercially publish, no limits will argue that elections such as on the House floor for the first time March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3857 and then the American public, each ence the joy and the holy significance rather reject it out of hand. Much like constituency, each constituent voter in of Easter Sunday. So too should we all the situation with the balanced budget the district can then see very clearly bask in the joy of Brian’s life, the joy amendment, opponents of term limits how their Congressman feels about of knowing him, the joy of his love for have relied on knee-jerk reactions term limits by looking at how they each of us. against term limits rather than vote tomorrow. Just think of the joy that Brian thoughtful discussion of the problems With the difficulty of defending such brought to each of us. in the system and the need for sys- a vote I would ask all of my colleagues As my Upper Peninsula congressional temic reform. to consider if they have any doubt representative, Brian and I traveled to- So, I’d like to address some of the ar- about this amendment, consider voting gether, we worked together and we guments against term limits individ- for it. This is what the public wants, prayed together. Brian was a joy to be ually: this is what is best for this country, around. You wanted to be with Brian. One, term limits would deprive the and I urge my colleagues to vote for He brought out the best in everyone. American people of experienced elected term limits tomorrow when they cast As Brian and I would drive the vast officials to address the Nation’s prob- their vote for the first time ever on distances between the small towns that lems. this House floor. comprise the Upper Peninsula of Michi- Of all the arguments against term f gan our discussions always seemed to limits, this is the one most often cited turn to his love for God and the dif- TRIBUTE TO BRIAN SCHLIENTZ by thoughtful term limits opponents. ficulty, yet the strength and the joy he What I would point out, however, is The SPEAKER pro tempore (Mr. ZIM- found in being, and working with and that Congress is enriched when it is for a right-to-life Democrat. MER). Under a previous order of the filled by persons with experience in all Brian excelled in his position as my House, the gentleman from Michigan walks of life—not just legislating. Upper Peninsula representative be- [Mr. STUPAK] is recognized for 5 min- For too long, the way to real power cause of his love, joy that he had in utes. inside Congress has been to come to Mr. STUPAK. Mr. Speaker, I rise God, his family, and this great coun- Washington young and spend decades today with a heavy heart. Last Satur- try. building up seniority. day my Upper Peninsula representa- Although he already had one bach- Too many districts have been rep- tive, Brian Schlientz, died. Brian was elor’s degree in biology and chemistry, resented by men or women who’ve 27 years old. He had courageously bat- Brian went back to his studies so he spent more of their adult lives in Wash- tled a rare form of brain cancer. His could become a teacher. But, Brian, ington than in the district they are life was brief, but it was filled with you are a teacher. Brian, you have been supposed to represent. church and social activities, academic a great teacher and for all of us, Brian, By adopting term limits, a person and athletic achievements, and com- you will continue to be a great teacher. who had worked successfully as a small munity involvement. As you look down upon all of us with Some would say success always came that huge smile upon your face, I know business person, or a school teacher, or easy for Brian. But his greatest success that you will grade us not in the class- a homemaker could come to Washing- was Brian’s love of God, his family, and room, not in our academic and athletic ton later in life and still have the op- his country. achievements, but in the joy, strength, portunity to play a major role in the It is difficult to articulate success as and love that we bring to each other. process based on merit. it applies to faith in God. It is difficult For you taught us, teacher, that the Two, term limits opponents also to describe love of family when cancer joy, success, and accomplishment in argue that term limits restrict the denied Brian his wedding day 3 weeks life is found in one’s love of God, fam- choices of the voters, giving us less ago on March 4. ily, and country. freedom. For some people, it is hard to envi- Thank you, Brian, for teaching us I think anyone who has ever looked sion one’s love for their country when and reminding us of the secret: the suc- at the reelection rates of Members of Brian never served in the armed serv- cess and the joy of your life. Congress immediately understands the ices; still Brian left his college studies f weakness of this argument. Even in to help me get elected to Congress in this last election more than 90 percent 1992. Just to help me? No, but to help SUPPORT CONSTITUTIONAL of the incumbent House Members who his country, for Brian believed with all AMENDMENT TO LIMIT CON- stood for reelection were returned to his heart in life. GRESSIONAL TERMS office. He worked so long, so hard, just so a The SPEAKER pro tempore. Under a The fact of the matter is that it is right-to-life Democrat could be elected previous order of the House, the gen- extremely difficult to beat an incum- to the U.S. Congress. tleman from Iowa [Mr. LATHAM] is rec- bent except in extraordinary years. By It was Brian’s love of God, his family, ognized for 5 minutes. placing a limit on length of service, and his country that propelled him to Mr. LATHAM. Mr. Speaker, I rise virtually every congressional district become an extraordinary person. today to express my strong support for in this country would become competi- Brian is survived by his parents Don adding a term limitation amendment tive because local political organiza- and Dorothy, his twin brother Matt to the Constitution of the United tions would not wither away waiting and Matt’s wife, Tiffany, Brian’s sister, States. for a 20-term Congressman to finally Heidi, his brother-in-law, Chad, and his At virtually every opportunity, move along. devoted fiancee, Kristy, many relatives American voters have demonstrated Instead, Members would likely con- and all of his many, many friends. their preference for term limitation for tinue to face very competitive elec- To his family and to each of us, Brian their elected officials. They have seen tions in their first few years after their has his own special significance. He too often how entrenchment of politi- election. had his own personal impact on all of cal power yields a political culture However, instead of becoming iso- us. When we gather at Northern Michi- that is less responsive and less respon- lated and entrenched, even the most gan University this Thursday for a me- sible. popular incumbent would likely face morial service for Brian, a university The Washington political and media challenges during his or her later where he starred in academics and on culture has uniformly lined up in oppo- terms by those interested running in the football field, we will all have our sition to the term limits movement. the future. own personal songs, thoughts, and That should be our first sign that the I believe that would drastically re- prayers for Brian and his family. While American people are on to something duce the number of uncontested seats there is certainly sadness in our positive. and contribute to a substantial in- hearts, it is quickly being replaced by The most frustrating aspect of listen- crease in competitive races. That, not joy, much like this holy season of Lent ing to term limit opponents and most theoretical arguments about limiting in which we sacrifice and we try to of the media has been their refusal to choices, would be the real world impact cleanse our spiritual life just to experi- discuss this issue intelligently, but of term limits. H 3858 CONGRESSIONAL RECORD — HOUSE March 28, 1995 Three, last year, we saw the embar- limits they support and vote ‘‘yes’’ on the American people and not beholden rassing spectacle of long-time incum- final passage of this resolution. to the special interests. bents reduced to telling their elector- f Term limits will end congressional ates that they should be reelected The SPEAKER pro tempore. Under a careerism, and the American people strictly because of their seniority. previous order of the House, the gen- will be better served under this kind of This type of campaigning amounts to tleman from Kansas [Mr. TIAHRT] is reform. a threat to the very people these rep- recognized for 5 minutes). There are three major Republican bills that will come before the House, resentatives were supposed to rep- [Mr. TIAHRT addressed the House. the Inglis bill, which calls for 6 years resent. It’s like trying to make your His remarks will appear hereafter in maximum, the McCollum bill, 12 years, own constituents an offer they can’t the Extensions of Remarks.] refuse. That’s not what this democracy and then Hilleary’s bill, which calls for f should be about. the States to decide the exact terms. Seniority has become the last refuge TERM LIMITS A NECESSITY FOR Whatever the bill is, we believe that of a politician with nothing left to say. GOOD GOVERNMENT term limits is a step in the right direc- tion, an idea whose time has arrived. Term limits would hold our elected of- The SPEAKER pro tempore. Under a American democracy cannot be con- ficials to a higher standard of political previous order of the House, the gen- sidered truly representative in the cur- debate—policies, responsiveness, and tleman from Pennsylvania [Mr. FOX] is rent system that perpetuates incum- accomplishments. recognized for 5 minutes. bency and seniority-based power. The Four, the final argument I would like Mr. FOX of Pennsylvania. Mr. Speak- seniority system forces a network that to address is the claim that if we want er, term limits, the contract item with to limit a politician’s terms, we should perhaps the most public support, comes doles out power and influence accord- vote that person out of office. to the floor of the House tomorrow and ing to time spent in office. Term limits The problem with this point is that a some say it has the least chance of pas- will cause a systemic change in this in- State with an entrenched incumbent sage. I hope not. Eighty percent of the ternal power structure of the Congress. often has a great incentive to keep Republicans at least support it, all we Instead of committee chairs and ap- that person in office for decades at a need is 40 percent of the Democrats in pointed leadership positions being time. From a key committee position, the House to support it for passage. granted on the basis of seniority, merit one person representing less than one- In my view, term limits are not only and competency will be the basis for quarter of 1 percent of the country’s a reasonable approach but a necessity our future leaders. population can dominate an area such for good government. Some will argue f as appropriations, commerce, or de- that the results of the last election in fense policy for decades. November which brought each of my CONGRESSIONAL TERM LIMITS That is the very type concentration colleagues here to the 104th Congress The SPEAKER pro tempore [Mr. ZIM- of power that we have traditionally indicate the need. However, the fact is MER]. Under a previous order of the sought to avoid in this country. No one that despite an above average turnover House, the gentleman from South district, and no one State, should be in the 103d and 104th Congresses, in- Carolina [Mr. GRAHAM] is recognized able to hold the rest of America hos- cumbents still enjoy a 9 in 10 chance of tage to its agenda or the whims of its reelection. More importantly, in the for 5 minutes. favorite son. 103d Congress the average tenure of Mr. GRAHAM. Mr. Speaker, I would One of the things that compelled me Democrat committee chairmen was 28 like to thank the other participants to run for Congress was that as a small years. who are going to let me go at this businessman my family business was The fact is that the current system point in time. forced to pay tens of thousands of dol- allows certain people to spend a life- You have heard a lot of good intellec- lars to meet the dictates of entrenched time in Washington while some quick- tual arguments why we need term lim- incumbents here in Washington. I ly fall out of touch with their constitu- its. I am sure there will be some made couldn’t vote for these representatives ents and consolidate the power base tonight and tomorrow why term limits who were dominating some of the com- that used to ensure continued success is a bad idea. mittees that directly impacted my in passing wasteful and pork barrel All I know is this, that of the 73 Re- business, but I was paying the bill. I programs. publican freshmen that serve in this body, probably 90–95 percent of us sup- knew that passing term limits was one b 2015 way to change that. port term limits. I think we are very The new Republican majority has Additionally, these career Members close to the people in terms of the last taken a giant step forward in address- of Congress continue to stockpile election. I think the sophomore class ing this problem by limiting the terms money from special interest groups, above us has a high percentage of peo- of committee and subcommittee chair- making all the more unlikely that they ple supporting term limits, because we men, as well as the Speaker of the could be defeated. The disparity of understand why 80 percent of the House. But, we need to keep moving fund-raising capability discourages American public wants this body to im- ahead. many qualified individuals from run- pose term limits on itself. ning in the first place. Having said that, one thing that I CONCLUSION After California passed term limits think I need to say is that term limits Mr. Speaker, as this country moves in 1990, the number of candidates for is not going to cure every problem in into the 21st century, I believe that we office increased by 40 percent. America, and it should not be billed will need the input and expertise of Mr. Speaker, after 40 years of one- that way. It is not going to make us Americans from every background and party rule in this Congress, before last overnight more efficient. It is not profession. The argument against term November, Congress had grown insu- going to balance the budget. But it will limits places a premium on experience lated, unresponsive to the will of the fundamentally change why people in Congress and discounts experience in American people. President Clinton has come to Washington, DC, and why they every other part of life. consistently opposed even the consider- seek office. That is a formula for a ruling class ation of term limits and will again de- What it will do in my opinion is you detached from those who they rep- fend the status quo. stop playing the game to become a sub- resent. That is the opposite of govern- Now with Republicans in control of committee chairman, a committee ment of, by and for the people. the U.S. Senate and the U.S. House of chairman, and see how far you can go. Adoption of a term limitation con- Representatives, for the first time in You try to make the world better that stitutional amendment would return us history we will vote on term limits. I you are going back to rather than try to a true citizen legislature and help am committed to passing term limits, to make the world better that you are win back the faith of the American and I am working with like-minded in up here. people in our democracy. I urge my col- Members of Congress to create a citi- I think the fundamental reason we leagues to vote for the version of term zen legislature that is accountable to need term limits in this country, Mr. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3859 Speaker, is to change the motivation of serve them. It serves the institution, souri this issue put on a referendum for why people come to Washington, DC. I and if you really are serious about re- a vote, and it passed. think spending will get better. I think forming government, it needs to start There are a lot of Bill Andersons all a lot of things will get better up here. in this body. over this country whose hard work and They will be less interested in trying This is the only vote we will take wishes and rights of him and his fellow, to find a pork-barrel project to get us with the Contract With America that people who helped him, will simply be reelected and more interested in trying applies to us as individuals. It is going washed away if we do not specifically to make the world better where we are to be a gut-check for people in this protect those rights. going to go back to, and that is home. body. There is no other bill that we are There are going to be four versions to f going to vote on that will specifically be voted on tomorrow. I think we are give that protection. There are some going to fall short on all four of them. SUPPORT THE HILLEARY TERM- that are silent. What that means is I am sorry. There is a lot of blame to LIMITS PROPOSAL that nine black-robed men and women go around. I tell you, the Republican The SPEAKER pro tempore. Under a who work in a building very close to us Party has some share in that blame, here who are unelected, permanently and certainly the Democrat Party previous order of the House, the gen- tleman from Tennessee [Mr. HILLEARY] tenured will decide this issue, not peo- does, too. ple who are elected representatives We are probably going to deliver 80 to is recognized for 5 minutes. Mr. HILLEARY. Mr. Speaker, I guess like our colleagues and myself. 85 percent of the Republican Con- I think it is important that we vote ference on term limits. We need help it has been about a month ago now that some fellow freshmen and I got in- on the Hilleary amendment. We have from the Democratic Party. If you had had so much support from the grass- every Republican voting for term lim- volved in this term-limits debate to roots. Every grassroots organization its, you would still need 60 Democrats. the extent we are now. People here that you can think of is behind our bill We are going to fall short for a variety may remember that the House Com- that has anything to do with term lim- of reasons, and I think the blame needs mittee on the Judiciary reported out a its: United We Stand America, Amer- to be bipartisan. bill that in my opinion, did not really We have got four versions to vote on. resemble real term limits. It said you ican National Taxpayers’ Union, Amer- One version is by my roommate here, could serve 12 years, lay out a couple ican Conservative Union, Citizens the gentleman from Tennessee [Mr. years, serve 12 more years, lay out a Against Government Waste and on and HILLEARY]. He has a version that says couple more years, serve 12 more, et on. 12 years, and if there is an existing cetera. The reason they think this one is the State law more restrictive, it stands. I It also specifically had language that bill is because it gives the most for the like that version. That is why I came preempted the work that people had most people. It is a sort of middle-of- to Washington, DC, was to improve done in 22 States that had their own the-road bill. It has 12 and 12 for people Congress, not to overshadow the term-limits laws. I felt I could not who believe that you ought to be able States. That is the best, I think, of the keep my pledge to my constituents to serve 12 years, but also says States four. I am going to vote for all four. that I made during the campaign that can do something less if they so Because I do not want it to be said I would truly be for real term limits. choose. It also kind of protects what I the reason it failed was because of So I got involved with some of my think is the most democratic form of LINDSEY GRAHAM. I am going to vote fellow freshmen. We came up with a legislative process in this country, that for the Democratic version that says 12 bill, drafted a bill, that simply did this: is, the referendum process such as in years retroactively applied which sim- It said you could serve 12 years in the the State of California. It is almost ply means this, if you have been here 12 House, 12 years in the Senate, but also part of the mystique of California. It is years or longer and the amendment is it had the additional language that part of the legend of California that passed and it is ratified by the States, said the States would be specifically they have this referendum process. It is you lose your job. That is not the best protected in the work they did and the very famous. way to implement term limits. I would wishes of those people in those 22 All the propositions that have be- rather have that than nothing. States would be protected. I think that come so famous all across the country, I challenge my Democratic col- is very important. and this is the only bill for the Mem- leagues to deliver enough votes to And people like the gentlewoman bers of those States that have the ref- make on version get out of the House. from North Carolina [Mrs. MYRICK], the erendum process. It is the only bill This is probably the most important gentleman from Indiana [Mr. that will specifically protect the wish- thing that we will do in the 104th Con- MCINTOSH], the gentleman from Wash- es of the voters in those States. gress. It is probably the most impor- ington [Mr. NETHERCUTT], the gen- So I ask everybody to come on board tant vote we will take in my political tleman from Arizona [Mr. SALMON], the and support the Hilleary amendment. life, because if you want to change pol- gentleman from Kansas [Mr. But no matter which bill comes to final itics, you need to change the reasons BROWNBACK], the gentleman from Flor- passage, I think term limits, the con- people seek the office. That is exactly ida [Mr. GOSS], the gentleman from cept of term limits, must supersede ev- what term limits does. South Carolina [Mr. GRAHAM], who just erything else, and I beg my fellow I implore my colleagues on the Re- spoke, the gentleman from Arkansas Members on final passage to vote for publican side to deliver the votes to get [Mr. HUTCHINSON], the gentleman from term limits. an amendment out. If the Democrats Georgia [Mr. KINGSTON], the gentleman Let me tell you, people say that this play a game of chicken, loading up the from Washington [Mr. TATE], and concept of term limits has no chance in votes for a retroactive term limits bill, many, many others have worked very this Congress. I do not know if I am let us meet them. Let us have term hard and feel the same way on this. willing to concede that yet. You know, limits in some form rather than no It is very important to people like our former Speaker felt pretty strongly form. Bill Anderson, who lives in Texas about being against term limits. He is I am going to vote for term limits in County, MO. Mr. Anderson is not a Re- no longer with us. I think this is the any fashion, because I believe it fun- publican or a Democrat. I do not think first time, because this is the first time damentally will change the way we he is a liberal or conservative. He is we are going to be able to take these govern in Washington, DC. That is why simply a man who has never been in- little cards, stick them in the slot, and I think I got elected is to come up here volved in politics before. He is simply a a recorded vote, the first time the peo- and fundamentally change our govern- man who felt very strongly this coun- ple are going to have to actually go on ment. I believe that is why 80 percent try was going in absolutely the wrong record and think long and hard about of the American public from Maine to direction. He felt he had to do some- are they going to face the voters in 1996 California, from the Deep South to the thing about it. He got out in parking without a yes vote on term limits. Far West, support term limits, because lots in hot summer days, got thousands I think we have not seen how many they feel their Government does not of signatures on petitions, got in Mis- votes we are going to get on this. I H 3860 CONGRESSIONAL RECORD — HOUSE March 28, 1995 think it is building every day. I think true reform, and term limits ends ca- getting to know Members of Congress. my colleagues would with that. reerism. So there is lots of changes that need to Finally, I would just say there are a The House of Lords, for example, in occur, and you are going to hear lots of lot of people who have come before me Britain, you are appointed forever. arguments, but we will deliver our vote on this term-limits concept. I have That is not what the U.S. Congress was as we promised tomorrow for the first been here for the grand total of about designed to be. time in history. 3 months, and people like the gen- Even with the elections in 1992 and And 80 percent of the Republicans are tleman from Florida [Mr. MCCOLLUM], 1994, 9 out of 10 Members were re- going to vote for it, maybe even more. and the gentleman from South Caro- elected, 90 percent. What we need is at least 50 percent of lina [Mr. INGLIS], the gentlewoman In the 103d Congress, for example, the the Democrats to make this happen. It from Florida [Mrs. FOWLER], who is not average length of time for a committee takes 290 votes, as we all know, to pass even going to get to vote on her bill to- chairman who had served was 28 years. a constitutional amendment. We only morrow, have moved this bill way far I am 29. So when I was 1 year old they have 230 Republicans. If every single down the field way before I got here. were beginning their political career. Republican votes for this, we still need They deserve an awful lot of credit. Things need to change. 60 Democrats. So if it fails, which I be- To the extent we have success tomor- Term limits overwhelmingly is sup- lieve it will not, but if it fails, the de- row, my hat is off to them. ported by the American people. Over 80 feat will be on the hands of the Demo- The final thing I would like to say is percent of the American people support crats, and the public will hold us all ac- this, that no matter if we get 290 or term limits. It has passed by a 2-to-1 countable, especially those that have not, tomorrow should be scored as a margin in every State it has been on voted no. victory for the Republican Party. We the ballot. Other offices are term-lim- So I urge my colleagues tomorrow to are going to bring this to the floor for ited around the country. The Presi- support term limits and return the the first time for a recorded vote. It dent, for example, two 4-year terms. power back to the people. has never happened. If you compare our Thirty-five States limit Governors’ Speaker with the Speaker last year and terms, even some States, like the State f how our support has been, I think peo- of Virginia, limits Governors to one ple must say we have taken a great term. CONTRACT WITH AMERICA It also assists in diversity. Seventy- first step and a great first downpay- The SPEAKER pro tempore (Mr. ZIM- two percent of the women in the House ment on this issue of term limits. It MER). Under a previous order of the will come back, and the people will of Representatives were elected to open House, the gentleman from Georgia seats. Eighty-one percent of the mi- speak in 1996. [Mr. KINGSTON] is recognized for 5 min- norities were elected to open seats. utes. f It is time we make Congress look Mr. KINGSTON. Mr. Speaker, I want- more like America. SUPPORT CONGRESSIONAL TERM ed to talk a little bit about the Con- And what a difference a year and an LIMITS tract With America. I think it is very election makes. Last year the Speaker The SPEAKER pro tempore. Under a important that folks understand that of the House, of this House of Rep- previous order of the House, the gen- the Contract With America was a cam- resentatives, from my State of Wash- tleman from Washington [Mr. TATE] is paign promise, and it is a promise ington, sued the citizens of Washington recognized for 5 minutes. which, unlike previous campaigns and State. This year the Speaker of the previous promises, it is a promise that Mr. TATE. Mr. Speaker, it is, indeed, House limited his own terms to 8 years. an honor to be able to address the We limited the chairmen and the rank- Republican Members of the House are House tonight in regards to this issue, ing minorities to nothing more than 6 keeping with them. We are looking at because just look back, in 1990 in the years. it daily. It is the instruction. State of Colorado, it caught on like a So tomorrow for the first time in the You may not agree with Contract prairie fire. The whole issue of term history, let me say that again, in the With America, but I think what is im- limits, it came out of a frustration of history of the United States, we are portant is that here is a fundamental the 22 States that have passed term going to pass it or bring it up for a contract, a handshake with the Amer- limits. Twenty-one of them came vote, term limits. We are going to have ican people saying when we say we are through a State initiative. Just one several proposals. We are going to have going to do something, we are going to State legislature, the State of Utah, one proposal very similar to Washing- do it. has approved that. ton State, which is 6 years in the House Now, the Senate is going to debate it. In my particular State in 1991, for ex- and 12 years in the Senate. They are going to change some things. ample, we gathered signatures around It is going to come back to the House, the State, over 200,000 signatures, to b 2030 and we are going to have some changes. put a term-limits initiative on the bal- Then we have, as we just heard, the But I think it is very important to re- lot, but it was retroactive that year. It Van Hilleary amendment that puts a member that the Contract was a cam- was defeated. cap of a total of 12 years you can serve paign pledge and a promise that we are Right after that, the citizens picked in either body but allows States to not going to forget, unlike other times that up one more time, and were able limit, does not preempt State laws. We in office when many, many members of to put it on the ballot in 1992, and it have a proposal of 12 years and 12 both parties would make certain cam- passed overwhelmingly at the State years. paign warranties or promises and then ballot, and last September, I, with my But then we also have a retroactive forget them after they are elected. fellow freshmen and Republicans alike, proposal, which was defeated in Wash- This contract is different. One of the we stood on the Capitol steps and ington State. I do not like the retro- key planks of that is that we are going signed the Contract With America, active taxes that were passed in 1993, to get these issues on the floor of the pledging for the first time in the his- and I am not going to like a retro- House for a vote. It does not nec- tory of the United States that we were active proposal because it is being essarily guarantee passage on every- going to have term limits come up for pushed by people that do not even sup- thing, but getting them to the floor of a vote on the House floor. port term limits. It is a sham, and it is the House, as the gentleman from Ten- And why do we need term limits? One a bunch of baloney. nessee [Mr. HILLEARY] had said just a does not have to look any further than They are going to hear many argu- few minutes ago, is the key element, 40 long years of Democrat rule. We had ments against term limits tomorrow, and that is what we are doing with a House that was less accountable. It that it is somehow going to empower term limits. seemed that the longer they served, the lobbyists. Having served in the State It is going to take 290 votes because more removed they became. The House legislature, the people most nervous it is a constitutional amendment. That banking scandals, House post office about term limits are the lobbyists be- is a lot of votes. And we are working scandals, runaway spending. We needed cause they build their reputations on with Democrats. We are working with March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3861 Republicans. We are working with sen- people are working; and revenues go asking very sincerely, just 40 percent ior Members, working with freshman up. of the Democrats, if 40 percent of the Members, trying to get that passed. This was proven in 1980 with the Democrats will join the more than 80 Now, the Hilleary amendment, what Reagan tax cuts, 1982 actually, but 1980 percent of the Republicans, we will is so good about it and why I think it the revenues to the Federal Govern- have the first real chance for term lim- is important that this House support it ment were $500 million and in 1990 they its in this Nation, and I think we is because it does two things. It says were over a trillion dollars. Unfortu- should. that you will have a 12-year limit, but nately, the spending outpaced revenues I will work really hard, and I will also if States have individual term lim- so we still had runaway deficits during vote for the 6-year term limit. But if its, 8 years, 6 years, 10 years or what- that time period. that isn’t what passes, I think we ever, they can keep their own State I would certainly say that that is a should be prepared to vote for whatever law in place to self-impose term limits bipartisan problem. You had the Demo- passes and has the best chance to at- that are different as long as they do crats controlling the House, but part of tain term limits for this Nation. I not go over the 12 limit. Now, I am the time the Republicans controlled think we have a mandate, and the man- going to support that. the Senate and the White House, so it date of the last election was, very I am also going to support the McCol- is a bipartisan problem. clearly, pass term limits for Congress lum bill. Mr. MCCOLLUM of Florida has But these tax cuts are designed to as Congress passed term limits for the a bill that sets a 12-year term limit, create jobs which will increase reve- Presidency. and it is a uniform bill. The thing that nues. And when that happens, Mr. I believe is important about that is Speaker, with all the reductions that f we are doing we will be able to pay that Congressman MCCOLLUM has in- down the debt, reduce the deficit and troduced term limits, I believe, every TERM LIMITS VOTE IS HISTORIC turn this country around, which I year since he personally has been a The SPEAKER pro tempore. Under a think is extremely important for us to member of this body and has been out previous order of the House, the gen- do. there as a lone wolf crying in the wind tleman from Florida [Mr. MCCOLLUM] So I am proud to be here tonight, and for term limits far before it was popu- is recognized for 5 minutes. I am proud to support both term limits Mr. MCCOLLUM. Mr. Speaker, I rise lar. and a tax decrease that will stimulate to support term limits and to talk I think that it is great that finally, the economy. after all these years of him coming up, about what is going to happen out here and there were others along with him f tomorrow in a very historic vote. who supported term limits, finally he TERM LIMITS I have been involved with the term is going to get a vote on it. And I plan limits movement for many years now. The SPEAKER pro tempore. Under a to support both these bills and both It was quite lonely when I first came to previous order of the House, the gen- these versions, and I hope we do get 290 tleman from Washington [Mr. Congress and introduced the first con- votes on one of them so that we can stitutional amendment for a 12-year METCALF] is recognized for 5 minutes. move the legislation for him. Mr. METCALF. Mr. Speaker, I rise to term limit of House and Senate Mem- Now another key element of the Con- speak in favor of term limits. You bers. We did not have very many sup- tract With America that is going to be know, term limits is in fact part of our porting it then. In fact, as recently as coming up is the tax stimulus. This tax heritage from colonial legislatures. the 102d Congress, just 3 or 4 years ago, stimulus, unlike the Clinton stimulus 2 There were some colonial legislatures we only had 33 Members of the House years ago which was a tax increase, that had a rotation in office concept. willing to say they were for term lim- this is a tax decrease. You know, this Besides that, in the Continental Con- its in an open and public fashion. gets a lot of people nervous because the gress during the Revolutionary War In the last Congress, even though the American Federal system of govern- there was a 3-year term limit. No one now sophomore class had made its ment has been robbing taxpayers for so could serve for more than 3 years. mark in the campaigns, many of them many years now. In fact, rotation in office was the un- by advocating term limits, we only had You know, in the 1950’s the average written rule in the House of Represent- 107 out of the 435 House Members will- American family paid 2 percent Fed- atives for many years after the found- ing to say they supported term limits. eral income tax. Today that same ing of this country and after the Con- Tomorrow we are going to have a American family pays 24 percent Fed- stitution went into effect. It was al- vote, and we have a shot at getting to eral income tax. Now that, along with most a hundred years, after the war be- the 290, the two-thirds necessary to all your intangible tax, your sales tax, tween the States, when the average pass a term limits constitutional your local option sales tax, insurance term became 4 years. It was the 1920’s amendment. I do not know whether we premium tax, utility tax, State income when the average term became eight will get there or not, but we are going tax, in some cases municipal income years. This tells you something. to have well over 200 who are going to taxes, these have been going up. Today, over 90 percent, over 90 per- vote for some version of term limits The average American family right cent of incumbents win reelection if and, hopefully, for the final passage. I not is paying 40 to 50 percent of their they run for reelection, and term lim- think that is truly remarkable income in taxes. I believe it is time to its is the most important political re- progress. return that money back to their pock- form that we can make at this time. Whether it succeeds tomorrow or not, ets, and I would rather trust my con- The concept of term limits, of course, it is a big day, the first day in the his- stituents to spend their own money is that a Member goes and serves in a tory of the United States Congress to than some of the bureaucrats that I legislative body and then returns home have such a debate and vote. have seen up here. Because the bureau- to live under the laws that they have In 40 years of Democrat control of crats, when they get their money, they made. this Congress, they never let a vote overspend. They sit around and come Washington State had a term limit occur. And only in the last term that up with new regulations, new ways to initiative. It was a 6-year term limit they held power did they even allow a take freedom away from Americans. initiative, and it passed overwhelm- hearing on the subject. Now we are But I promise you, as we know it ingly there. And I pledged, and I said going to get that opportunity that the with a study of economics, that lower- when I ran for Congress, I said I will American public by nearly 80 percent ing taxes will stimulate the economy pledge to serve no more than 6 years. in poll after poll say they support. because people will have more dispos- The people passed it. I will obey it, re- Interestingly enough, those Ameri- able income. They will buy more shoes, gardless if it is held constitutional or cans who are answering those poll more clothes, more hamburgers, more not. If the people pass it, that is what questions are roughly divided in an cars, ultimately more houses. When I would consider my duty. even fashion, at about 50 percent Re- they do that, jobs are created because Over 80 percent of the Republicans publicans and 50 percent Democrats. businesses have to expand to create the are going to vote for term limits to- There is not a partisan matter involved new demand. When that happens, more morrow, and what we are asking, and in term limits. It is something the H 3862 CONGRESSIONAL RECORD — HOUSE March 28, 1995 American public has said they want for perience that is needed to be a commit- morrow, for the first time in the his- a long time. It is not a new thing. tee chairman or to be in leadership. tory of this country, we are going to I just hope that when the sun sets on I also think it would be preferable to vote on term limits. This is a very ex- this vote tomorrow that we do get the have uniformity throughout the Nation citing moment as we prepare to under- 50 percent or so of the Democrats we instead of, as one of my other brethren take what I believe to be the most sig- need to have on that side of the aisle to offering an amendment would have, an nificant reform that this body has ever vote with the, as the gentleman from amendment that leaves it to the made for itself. This is an exciting day. Washington says, the better than 80 States. Once we put a 12-year cap, you First of all, I want to indicate to all percent of the Republicans who are would wind up then with a hodgepodge watching here tonight and all of my going to vote for this. We may get 85 or of some States 6 years, some states 8, colleagues here in the House that this 90 percent before it is over with. some States 12 for on ad infinitum. I do rule that makes in order tomorrow The point is, we need to have a bipar- not think that would be good public these four options is a tremendous op- tisan effort in order to pass term lim- policy in the end. portunity for us to get real account- its. Now I have my own personal views But the Supreme Court under my ability on the issue of term limits. To- on why we need them, and I have my proposal will ultimately make the de- morrow there isn’t going to be any- own convictions on which version is cision as regards to the present Con- place for Members of Congress to hide. preferable. I happen to believe deeply stitution and its interpretation when They are either voting for my 6-year that term limits are important to stop they decide the Arkansas case shortly. bill, they are voting for a 12-year bill that Mr. MCCOLLUM just spoke of, they the career orientation of Congress that b 2045 has developed over the past 50 or 60 are voting for a 12-year bill that Mr. If they decide that the States have years as we have gone to a full-time, HILLEARY spoke of earlier, or they are this power today, the amendment I am year-round job that was never envi- voting for a fraud that is masquerading proposing would not disturb that. On as term limits that is really not term sioned by the Founding Fathers who the other hand, if they decide that it saw Members serving only a couple of limits, it is designed as a poison pill to indeed is unconstitutional for the kill term limits by retroactivity provi- months a year and going home to their States to do what they have been businesses. sions. Those are the options. Tomorrow doing, there would be established by Members in this Chamber will have to We do not do that anymore. We are my 12 and 12 amendment a uniform na- vote yes or no on term limits. not likely to. As we have developed tional standard which I think is pref- Tonight what I would like to do is this full-time Congress, Members have erable. begin laying the case that we will learned to give up jobs back home. Then there are those who argue that make after many hours of debate to- Most Members do not have outside in- well, retroactivity would be a good morrow on the need for term limits. I comes. They are dependent upon this. idea. I do not think it is a good idea. have a couple of charts that I think This is their career today. Twenty-two of the States that have will demonstrate fairly well why we That has changed the attitude of adopted the term limits limitation need term limits. Members in a way that is not nec- around the country have said no to The first one I have here shows the essarily desirable. While some Mem- retroactivity, and the one State that average tenure of a Member of Con- bers can stand above that, many Mem- had an opportunity to vote on it, Wash- gress and members of the general pub- bers, I think, consciously or subcon- ington State, voted it down. It is like lic in their jobs. As you can see here, sciously try to please virtually every with tax laws or other kind of legisla- the average American keeps his or her interest group that comes to Washing- tion out there, retroactivity is not a job 6 years. The average Member of ton seeking assistance in their voting good idea. Congress keeps his or her job 8 years. pattern in order to get reelected. The There are Members of the other side The average member, and this is a crit- idea being, if you do not displease any- of the aisle, some well intentioned on ical number, the average member of body, those who have the squeaky this issue, but some very much opposed the leadership of this institution has wheel are going to vote for you, you to term limits, promoting this particu- kept his or her job for 22 years. That is are going to get reelected, and you are lar legislation just to create mischief, ranking members and committee going to be able to come back and con- because they know it would cost votes chairmen, add them all up, take the av- tinue your, quote, career. on final passage. erage, they have been here an average I do not think that is healthy. That We need to work very hard on what- of 22 years. is not healthy in areas like balanced ever final version comes out here after I think this tells the story of what is budgets where we do not get there be- we finish the amendment process to- wrong with this Congress. This is what cause every interest that is in a budget morrow, and I am going to do this, to the American people seek to change. is supported by some interest group. It advocate my position ardently among They want a more fluid body. They do is not the money that is involved. It is the positions out there. But I am going not want a leadership that has been the votes and the concerns about re- to vote for whatever is left standing here 22 years on average. They want it election. out here, and I urge any Member to do more in line with what the average We need to mitigate that. Term lim- that. If you do not do it, I think the American experiences, a job change on its would do that, plus it would place a voters back home ought to hold you ac- average every 6 years. permanent restraint on the oppor- countable on the vote you have on final Of course, in the 1994 election we had tunity for anybody in the future to passage of whatever is here tomorrow. a great deal of talk about change, and ever become a committee chairman It is our chance to get term limits that there was a tremendous change, be- and serve 15 or 20 consecutive years as better than 80 percent of the American cause we got a change in the manage- was the case until the Republicans public strongly want. So I urge a favor- ment team here in Congress. I should took power this time and put it in the able vote tomorrow on final passage, point out right here what a difference rule to say you can only serve 6 years and, of course, I would prefer it if you an election can make. The last Con- as a committee chairman, and it would vote for my 12-year version. gress, the 103d Congress, we were fight- assure fresh blood out here every time f ing against a Speaker of the House of when we have an election cycle and a Representatives who sued the people of regular turnover. CONGRESSIONAL TERM LIMITS his State, arguing that what they had Now as far as the preference is con- NEEDED done in a State initiative was unconsti- cerned. I happen to prefer my version, The SPEAKER pro tempore. Under a tutional. Now we have a Speaker of the which is 12 years in the House, 12 years previous order of the House, the gen- House who is helping us to get a good in the Senate. I think shorter limits in tleman from South Carolina [Mr. vote on this floor and is pushing Mem- the House than in the Senate would INGLIS] is recognized for 5 minutes. bers of this Congress to vote for what weaken the body vis-a-vis the Senate. Mr. INGLIS of South Carolina. Mr. the American people want, which is I also think you need to have about Speaker, tonight I rise on the eve of a term limits. By 80 percent the Amer- six years here before you have the ex- very historic day in this Chamber. To- ican people want term limits. So when March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3863 you look at this election, it made a tre- plemented cuts of committee staff. We rection that the American people have mendous difference. have reduced the number of commit- provided to us that says we believe The 1994 elections brought people tees. We have cut committee budgets. that we need a flow in and a flow out of like Mr. FOX, my colleague here, who We passed a bill which would apply the Members of the House of Representa- arranged this series of special orders laws that apply to the private sector tives. here tonight, and I very much appre- now also make those apply to Con- Remember, only 18 percent of the ciate all of his work on terms limits. It gress. That bill has now gone through American people believe that we are has brought wonderful people like Mr. the Senate and has been signed by the doing a good job. I think maybe the re- FOX here. It has brought people like President. cent polls show we may be all the way Mr. HILLEARY, who has an amendment We went on to reform the House. Re- up to 32 percent. One of the primary on the floor tomorrow. It has brought publicans decided as we took control reasons for that is they believe and people like my two colleagues from that we would limit terms of commit- they recognize that the policies and South Carolina, Mr. SANFORD and Mr. tee chairmen and chairwomen. We also the directions and the laws that come GRAHAM, that are strong supporters of decided that any individual Member out of this House bear only slight re- term limits. could only chair one committee or one semblance to the problems that they But that election, for all that change subcommittee. What we have been able see in their local communities. They and particularly that management to do is disperse power so that people believe that by having Members com- change, really reflected a great deal of like my colleague, the gentleman from ing in and flowing out, we will have continuity in this body. Here is again South Carolina, Mr. INGLIS, and myself, better laws and better process; we will why we need term limits. The 1994 elec- who have only been here two terms, have Members coming in, moving out tion, of those who wanted to come that within the second term that we of real jobs, coming to Congress, and are here, would have the opportunity back, 90 percent were reelected. In 1992, then moving back after they recognize to chair subcommittees. So we are cre- of those who wanted to come back, 88 that they have served here for a period ating more opportunities for more in- percent were reelected. In 1990, of those of time. I do not think it is really all fluence among more Members of Con- who wanted to come back, 96 percent that important whether it is 6 or 12 gress. were reelected. years. I personally prefer 12. I will also We went on to reform our process, It is very important to look at those vote for the—6-year-term proposal be- additional reform for the House. This who wanted to come back, because the cause the voters in my State have in- House of Representatives can be proud change we have gotten, particularly if structed me to support and to work for that we passed the balanced budget you look at 1992 and 1994, has been as a the passage of 6 years, but most impor- amendment. We can also express our result of open seat elections. In other tantly, to work for and push the con- words, people deciding to retire or disappointment that the other body failed to pass the balanced budget cept of term limits for the House of leave for whatever reason, they left, Representatives. Mr. Speaker, it will they left an open seat. As a result, we amendment. We have passed the line- item veto, and it looks like we are be an historic debate. I am looking for- had an open seat election. ward to the debate, and I am looking The gentleman from Michigan [Mr. going to make progress in being able to take that through a conference com- forward to Wednesday night when we HOEKSTRA] is here with me tonight. mittee and a Republican Congress pro- can celebrate the passage of term lim- When we were elected, both of us came its. in 1992, we both, maybe one of the best viding a Democratic President with a arguments against term limits, be- line-item veto. f Tomorrow we will have an historic cause both of us happened to defeat in- debate. We will do something that cumbents. That was very rare in 1992, PROPER ALLOCATION OF TAX many States have not had the oppor- 88 percent of those who wanted to come DOLLARS REQUIRES EXPERI- tunity to do, or that they have not had back, and again, 1994, 90 percent of ENCED LEGISLATORS the courage to do, is we will have a de- those who wanted to come back came bate, and we will have a vote on term The SPEAKER pro tempore. Under back. limits. the Speaker’s announced policy of Jan- This indicates we have got a perma- To date, what has happened with uary 4, 1995, the gentleman from New nent Congress. That permanent Con- term limits around the country is that York [Mr. OWENS] is recognized for 60 gress needs to be changed by term lim- 22 States have considered state-im- minutes as the designee of the minor- its. If we enact term limits, we will posed term limits, and in all of those ity leader. have a different kind of Congress, we States, they considered it through a Mr. OWENS. Mr. Speaker, a large will have a Congress that is more ac- process which I believe soon we are part of what we do here in the House of countable to the American people, and going to have to consider here on the Representatives relates to budgets and a Congress that would not take much floor of the House, is that they have re- appropriations. I would say 75 percent time to pass a constitutional amend- turned power back to the people at least of what we do is related to the ment on term limits when they realize through an initiative and referendum budget and appropriations process. It is that 80 percent of the American people process. They have not turned power the most important thing we do, and I want it. The percentages are maybe re- back. What they have actually done is think that there needs to be far more versed in here. It is hard to get people they have invited the people to partici- discussion of the budget and appropria- to vote for term limits inside here. But pate with them in the process. It is in- tions process. It is a highly complex tomorrow I think we will do just that. terested to note that the only place process, it is a very important process f where this kind of activity on term and the details are very important limits has taken place is where States also. SUPPORT TERM LIMITS have invited the people to participate Mr. Speaker, one of the problems The SPEAKER pro tempore. Under a with them in the legislative and law- with term limits is that it trivializes previous order of the House, the gen- making process of that State. No State the functions of the Congress. It makes tleman from Michigan [Mr. HOEKSTRA] legislature has passed term limits. it appear that this is an easy job and it is recognized for 5 minutes. Where we now go is tomorrow we are is easy to understand what goes on Mr. HOEKSTRA. Mr. Speaker, to- going to have the discussion on this here. The budget and appropriations morrow we will have an historic debate floor of the House. I hope at the end of process alone is a tremendously dif- on the floor of the House. We are going the day tomorrow that we will be able ficult job, and no one would rec- to take another step in reforming the to say that we have taken another step ommend for a difficult job related to place where we do the people’s busi- in the reform process and that we will their health care that they go and seek ness. have had 290 Members of this House the surgeon who has the least number Mr. Speaker, if we reflect back on who have been willing to step up and of years, that nobody wants to have what we have accomplished so far dur- say that we endorse and recognize the open heart surgery done by a surgeon ing this year, on opening day we made importance of term limits. We recog- with 15 or 12 years experience. On the the agreements, and we have now im- nize the input and the value and the di- contrary, most people seek the most- H 3864 CONGRESSIONAL RECORD — HOUSE March 28, 1995 experienced surgeon if they have an op- Mr. DURBIN. Mr. Speaker, I would is on the Committee on Appropria- eration which is a life and death mat- like to support the gentleman’s state- tions. I want to talk about the budget. ter. ment here. In the previous Congress I That is my primary concern. But I If you have a complicated legal case was chairman of an appropriations sub- want to take note of the fact that one in the courts, you go seeking a lawyer committee. I had served for 8 years on of the problems with the budget/appro- who understands the complexities of that appropriations subcommittee and priation process here is that it is very the law and who has a lot of experience became its chairman. The responsibil- complex and there is too little discus- in the practice of law. No one auto- ity of that subcommittee was to spend sion of it. matically says it is more desirable to $67 billion in a year for the U.S. De- Four hundred thirty-five Members have a lawyer who has been practicing partment of Agriculture and the Food are not engaged in the discussion of the for 6 years only or 12 years only. That and Drug Administration and several budget and appropriations process, is a bit ridiculous. other agencies, 130,000 Federal employ- which is the most important thing we The whole premise, the arguments ees, $67 billion budget. that I have heard for term limits, are There are people who will argue for do, which has an impact on the lives of unscientific, they are illogical, they term limits today who believe that all Americans. The Federal budget is just do not hold water. It is based on an Members should come in and in a mat- more than a trillion dollars. assumption that the work of the Con- ter of a few months or a few years be I do not know what the situation is gress is trivial, anybody can do it. looking forward to leaving. I will tell now, but Great Britain, with a far smaller budget, used to dedicate at b 2100 you if that is the case, the decisions which will be made on those budgets least 2 or 3 days where nothing was dis- We should have a citizen Congress. will not be made by Members of Con- cussed on the British Broadcast Cor- Any citizen can make these decisions. gress. Those decisions will be made by poration network except the budget for Yes, we should have a Congress more special interest groups who will still 2 days; 2 or 3 days, nothing but the reflective of the citizenry. We should have influence on this body as well as budget was discussed. have a greater cross section of the citi- the bureaucrats within the Federal We have a very large budget, a very zenry. But to throw out experience as agencies. complex budget. It touches the lives of being important is to say that you do Mr. OWENS. There are no term lim- everybody. And that process alone re- not think the job that we do here is im- its on special interest groups, no term portant. Eisenhower was how old when quires that we have Members who have limits on bureaucrats, no term limits he led the forces in Europe? MacArthur a great deal of experience. And we on the lobbyists. was how old when he—not how old, but should reorganize the House so that Mr. DURBIN. Mr. Speaker, if the gen- how many years had they been in the more of them are participating in these tleman will continue to yield, I think Army? How many years had they been very complex decisions related to the what it does is take away the voice of generals. Would you want inexperi- budget and the appropriations process. the people, the voice of America in this enced generals to lead your armies? No, All of the items that we have dis- process by minimizing the voice and nobody would want that because that cussed up to now during this 104th Con- role of individual Members, men and is too important. That is a life or death gress in various ways relate to the women who come to this body in an ef- matter. You would not want a surgeon fort to make a contribution. We were budget and appropriations process. Cer- who is inexperienced; you would not tainly, some of the ones that have got- want a lawyer who is inexperienced able to do some substantial things in the couple years that I chaired it. And, ten the most attention, the balanced when a large amount of money is at budget amendment was very much re- stake or even in a civil suit, let alone frankly, I would not have been able to do it without some experience, because lated to an attempt to place param- a criminal case. eters on the budget process so that So why suddenly does it become a many times you make a suggestion for there would be a squeezing, a forcing virtue to have less experience? To deal a change and some bureaucrat will say, of, a ratcheting down of expenditures with the budget process here, to deal You cannot do it that way; it has never with the appropriations process re- been done that way; it is impossible to for social programs. That was the im- quires a great deal of experience. It do it that way. After a few years you mediate aim of the Contract With may be that there are some arguments, find out you can do it that way. America, to create a condition where like those we have just heard, which I would just say in closing to the gen- they would be able to force more and are very important and there ought to tleman, I am glad he had taken this more reductions in programs that were be a more scientific and reasoned anal- special order. I hope that every Mem- designed to help the people in greatest ysis of what this body is all about and ber of Congress who stands in this well need. They certainly did not want to what kind of structure we may need to on this floor arguing in favor of term make reductions in the area of defense, deal with term limitations and being limits will answer two questions before where we have obsolete weapons sys- most efficient. they say the first word. Those two tems that are now being still funded It may be that the prohibition on questions are: How long have you been and manufactured and new weapons being Speaker for more than 8 years is here and when do you plan on leaving? systems that are being proposed which a good idea. It may be that the prohibi- Because you are going to find so many are not obsolete but unnecessary be- tion on serving as the chairman of a Members who get up here, some Mem- cause there is no enemy that is capable committee for more than 8 years or 6 bers have been arguing for 15 years of threatening us and we do not need that we should have a 12-year term years, whatever it is, is a good idea be- an F–22 fighter, we do not need another limit in Congress. And you are going to cause with the size of the body, the Seawolf submarine. find time and again that the Members concentrations of power may be the So the balanced budget amendment, who stand up here and argue for term problem and not so much that 435 peo- the line-item veto, the rescissions that ple have been here too long. limits have been here way beyond the were made already by the Committee One of the charts that was just pre- period of time that they say is the on Appropriations, $17 billion cut from sented said that the average Member of right period of time to serve. Congress stays 8 years; 8 years is what I go back to the people who wrote the this year’s programs, of that $17 bil- the average is. Then they went on to Constitution. Two years up for reelec- lion, $7 billion is cut from the Depart- say the leadership is here for 22 years. tion, let the people decide every 2 years ment of Housing and Urban Develop- There is a problem then with leader- whether this Congressman or anyone ment, low-income housing programs; ship that may concentrate too much else should stay. There was wisdom in almost $2 billion in education programs power for too long. Let us correct that that decision, and I do not think we cut, and most of those cuts are in pro- problem. should overturn it lightly. grams that help the poorest students Mr. DURBIN. Mr. Speaker, will the Mr. OWENS. I thank the gentleman. across the country. It is all related to gentleman yield? Mr. Speaker, it is very important the budget and appropriations process. Mr. OWENS. I yield to the gentleman that you take note of the fact that I Welfare reform is less a reform of from Illinois. want to talk about appropriations. He welfare and more a search for dollars. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3865 What it turned into was a search for destabilizes families. The easiest way taxes that during the course of their dollars. The Republican-controlled to deal with many of our social prob- lifetime will pay for that subsidy over leadership did not address welfare re- lems, welfare certainly, which is pri- and over again. It is a very meager sub- form in terms of moving people off wel- marily Aid to Dependent Children. sidy relative to the return that you re- fare and into work. Children who have no other way of sur- ceive for that subsidy. They instead were searching might- viving, get assistance from the Federal So now that is the latest. We have ily for ways to save money. I think Government. gone for school lunches. We have gone they saved, according to the calcula- By the way, those checks average for the poorest people on welfare. We tions, about $60 billion, among the dol- about $350 a month; $350 a month we have collected as much money from lars that they saved was about $2 bil- are talking about. The most generous those programs as we can. Now we are lion saved on school lunches. This is a State, which is probably New York, going to go after the college students conservative estimate that comes from gets up to about $600 a month, and the and take money from them in this the Congressional Budget Office. You cost of living, of course, in New York budget process that is so important. have heard a lot of different figures in far greater than in most other b thrown around, but the Congressional places. If the average is $350, you know 2115 Budget Office estimates that the school there are many places where you are So the tax cut, as the grand scenario, lunch savings in the Republican wel- talking about less than $200 a month the climax of it is the tax cut proposals fare reform package amounts to about for a family of three, $200 a month. that will be on the floor of the House $2 billion. The search for money is so That is cheaper than full employment. next week. intense that we reach into the mouths We have welfare in America because This evening, I would like to talk in of kids and pull out food in order to it is cheaper than full employment. If more detail about this budget and ap- save a few billion dollars to contribute you have full employment and have to propriations process. I would like to to the overall process of accumulating provide jobs for people, you are talking unmask some of the mysteries of the enough funds to give a tax cut. about a minimum-wage job and prob- process and talk about some of the de- The tax cut for some of the wealthi- ably has to have some health care ben- tails. And in subsequent special orders est Americans is really the crown efits. It will cost you far more than we would like to go into the budget in jewel. That is the crown jewel of the keeping people alive on $350 a month or even more detail. Contract With America. Everything less. I am the chairman of the Congres- else feeds into that. Some drastic So welfare is cheaper than full em- sional Black Caucus alternative budget things are being done, some extreme ployment and that is why it goes on committee. We are considering an al- things are being done in order to guar- and on in America. It is always going ternative budget that we would like to antee that the crown jewel, the tax to be here unless we decide we want offer on the floor as a substitute to the cut, is in place and that they are able full employment policies. Unless we de- leadership budget, to the Republican to deliver on that. cide that in our vision of America of budget. Welfare reform degenerated into an the future, the vision that is being pro- In the Republican budget, they will opportunity to realize some savings on jected now by the persons, the group in present their vision of America for the the backs of the most needy people in control of the Congress is not a vision next 5 years. As we go toward the year the country, people who are victims. that talks about creating jobs for all 2000, the budget will reflect what they We are very generous with victims, and Americans. They want to take away think is most important. They have al- we should be. We are not very gener- not only the jobs and the opportunities ready indicated that there are some ous, but we recognize victims and the but also the opportunities to get the people and some groups that are not Government comes to the aid of vic- education, to get the jobs. important, some people who yield and tims. Their latest budget cut proposal, sacrifice in order to take care of oth- We have appropriated about $8 billion they are proposing to cut aid to college ers. ‘‘The America of the future has no for the California earthquake victims; students, college loans, which are sub- room for everybody.’’ $6 billion was appropriated for the sidized loans. There are areas in our so- We would like to present a Congres- flood victims in the Midwest; $6 billion ciety where subsidies are very much in sional Black Caucus budget which was appropriated for the hurricane vic- order. There are some subsidies that we shows there is room in America for ev- tims in Florida. These are all victims ought to get rid of as fast as we can. I erybody. There are enough resources of natural disasters, and we recognized will talk later on about some of those for everybody. We do not need to take that and we came to the aid of the vic- subsidies, subsidies to rich farmers. food out of the mouths of hungry chil- tims. Subsidies to rich farmers are one cat- dren. We do not need to harass college We have victims of man-made disas- egory of subsidy we need to get rid of students and lessen the opportunities ters, a mismanaged economy in our big as fast as possible. But we certainly for college students. We do not need to cities. There was a time when there should subsidize students. make heavy drastic reductions in Med- were jobs in the cities and large num- There is a proposal now that we save icaid. bers of people migrated from other $12 billion, a proposal that $12 billion A lot of things that are being pro- parts of the country to our big cities to would be saved over a 5-year period. posed and will be carried out certainly get those jobs during World War II. Again, the process here is to search for in this House are not necessary, and we And a period for 20 years after World money that can be put into the cash want to prove that and show you that War II, more or less, there were jobs. box for the tax cut. So we are going to we can balance the budget, too. And now the economy has been man- take $12 billion from the students, col- If American people think that there aged in such a way, including the deci- lege students, by ending the subsidy on is too much waste in Government, I sions made on the floor of this House their loans during the time that they would concur. There is too much waste and the other body, decisions are made are in school. in Government. The problem is the which allow for it to be more profitable Presently a college student gets a waste is not in the School Lunch Pro- to manufacture products outside the loan and they pay back the loan after gram. The problem is in the Aid to country, to chase the cheapest labor they get out of school. And the interest Families with Dependent Children Pro- markets across the world, although the on that loan starts accruing after they grams, what you call welfare, where companies are owned by U.S. citizens get out of college and begin to pay there might be some abuses and some and although the products are sold, the back the loan. waste, and there is need for reform. market is here, we are the consumers. The Government picks up the inter- We support reform in welfare. Aid to Nevertheless, our policies encourage est for the time they are in school, our Families with Dependent Children, the the people who are able to finance, Government. It is a subsidy, and it is a Democrats voted for a reform. I think manufacture to go to other parts of the subsidy that is very much in order. It the only time in this Congress and world to do that. allows a person to get a college edu- probably the only time in the last few So we have created a lot of unem- cation and go into the job market and Congresses that all Democrats have ployed people. A lot of unemployment get a job which will generate income voted for anything together on the H 3866 CONGRESSIONAL RECORD — HOUSE March 28, 1995 floor was last week when they all voted grams. They say there is a need to cut years, you got them down to about half for the Deal substitute, which was a money from loans for college students the size of present CIA, you would be drastic reform of the welfare program. at the same time we are going to go saving each year $2.8 billion. $2.8 bil- It was welfare reform that was real forward with these new weapons sys- lion would certainly cover the cost of reform. It provided for jobs. It provided tems. the School Lunch Program. for educational opportunities. It also Where is the real waste? The waste is And you can contribute it toward maintained the entitlement that ev- primarily in defense. The waste is in some of the other programs, the WIC erybody who is a victim and needs as- agricultural subsidies that go to rich and a couple of other programs that did sistance will be able still to receive as- farmers. We are going to talk about not get increases. We are not going to sistance under Federal entitlement. that in this great detail in a few min- serve all of the eligible babies and And we stand behind them. We do not utes. mothers in the WIC Program. propose a block grant, which is a swin- In defense, you still have the F–22 So if you feel like one of my dle. Any time you hear the word or fighter, which was originally projected constitutents feels, that somebody has concept block grant, you know there is to be a $72 billion cost, and because of to do something, she said, ‘‘We have to a swindle about to take place, that the questions raised they scaled it tighten our belts. That means the kids that function, whatever it is, and the down. But even a scaled-down version have to eat cheaper lunches, OK? We recipients and beneficiaries of that of the F–22 fighter will cost you $12 bil- have to suffer because we do not want function are going to end up with much lion in the next 5 years. to bankrupt the country. Everybody less in 4 or 5 years than they had when Listen to the figures closely. $12 bil- has to contribute a little.’’ the block grant was initiated. lion will be used to build F–22 fighters Well, I am not certain that every- That is the history of block grants. that are the most sophisticated fight- body should be contributing a little. I They are not done unless there is an ers ever known. The trouble is, the sec- am not certain that growing children attempt to foist them off on the States ond most sophisticated fighter planes should have to sacrifice any part of and begin to back away from the com- ever known are already owned by the lunch in order to contribute to a situa- mitment at the Federal level. United States of America so who will tion which is not desperate. It is not a So in the School Lunch Program, fight the F–22’s? desperate situation. We have places where they keep insisting that there is Nevertheless, they are being built for where money can be saved. more money than there was before, $12 billion over the next 5 years. $12 bil- There are places where money can be each year there is more money, well, lion is exactly the same figure that is saved in the corporate welfare struc- there is not. The Congressional Budget being sought, the same amount being ture. We give a lot of money to cor- Office has indicated that there is not sought from the college students, col- porations. more money because the money is a lege student loans. By making the stu- In the first place, over the last 20 or relative thing. If there are more chil- dents pay the interest on the loans dur- 30 years, the amount of the tax burden dren to feed, then the amount of money ing the time the students are in col- borne by corporations has dropped has to go up. It has to go up in antici- lege, they will yield about $12 billion. drastically. It used to be more than pation of the new enrollment, addi- The same $12 billion, if you want to half, around half of the total tax bur- tional children being enrolled, and it save it, you can save it by jettisoning, den. All the taxes collected in the U.S. has to go up in anticipation of more discontinuing the manufacture of F–22 corporations were contributing almost children becoming eligible because of fighters. half by the corporate income tax. Now economic conditions which move some Why can’t we discontinue the manu- the corporations are down to about 25 families that were not eligible and not facture of F–22 fighters? One of the rea- percent. in need before to the category of needy. sons may be is that they are manufac- And the amount, proportion, percent- So, again, the details are important. tured in the Speaker’s district in Mari- age being contributed by individuals, Where is the waste in Government? etta, GA. One reason may be that in April 15 is not far away. On April 15, in- As we talk about the programs that the the other body, the very prominent dividuals pay far more income taxes Republican-controlled House wants to person in the area of making decisions than corporations. cut, it might be good to juxtapose the about defense also hails from that I would like to see us move toward a programs that they want to cut with State. situation where we eliminate the indi- the programs that they want to keep. Why do we have obvious waste con- vidual income tax, the personal income They are all in favor of keeping every tinuing in the area of defense? Take a tax as we know it. I would like to see weapons system that anybody could close look, and you might find it. us move toward a situation where we imagine, including Star Wars, the Bril- The Seawolf submarine, another one. increase, get back to corporate, a liant Pebbles in the sky that is sup- The argument is given we need another greater share of the taxes being borne posed to intercept intercontinental Seawolf submarine because we want to by corporations. ballistic missiles that are going to be keep the technology alive. Nobody ex- I would like to see a situation where fired by what country I do not know pects it to be able to be used to fight. we have taxes from other sources and since the generals from this country That is $2.1 billion. Listen closely: $2 less from personal income tax, cer- have gone to visit the generals in Rus- billion, slightly more than $2 billion to tainly people earning $75,000, $50,000 or sia, and they have gone down into the build a nuclear submarine. Happens to less maybe should not be paying any silos, and they have all agreed to point be the same figure that is being saved personal income taxes at all. We should the rockets away from each other. And from the School Lunch Program. $2 bil- be looking to other sources. a number of things are happening lion, a little more than $2 billion is In the Congressional Black Caucus which lessen the need for the so-called what the Republican-controlled House budget proposal we are going to call for Star Wars to intercept interconti- of Representatives will get from the the creation of a tax commission. That nental ballistic missiles, even if it School Lunch Program. We could get is not the first time that has been could be done; and most scientists say the money instead from a discontinu- called for, but I think a more creative it cannot be done. ance, a canceling of the Seawolf sub- commission is needed to take a hard Yet it took a vote on the floor, the marine. look at all the ways in which wealth is one time we have been able to win a Or if you do not want to cancel the generated in our society now. We are victory for reason, rational thinking, Seawolf submarine, then look at the generating wealth now in ways that scientifically based thinking on the CIA’s budget, which is a secret budget, never were imagined even 10 or 15 years floor of the House was a defeat of the is estimated to be no less than $28 bil- ago. Star Wars vote, but that was being pro- lion. All intelligence operations, be- The recent sale that was highlighted posed by the leadership. cause the CIA is really atop of all intel- by President Clinton yesterday, the re- The leadership is still proposing bil- ligence agencies, that whole operation cent sale of frequencies above us, you lions of dollars more for defense at the is $28 billion at least. know, above our heads there is wealth. same time as they say there is a need If you save 10 percent, if you cut the Frequencies optioned have brought $7 to cut money from School Lunch Pro- CIA 10 percent per year for the next 55 billion already into the Federal coffers, March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3867 and it is estimated that pretty soon the other 435 Members of Congress fare, demonizing of people on welfare, that figure will be up to $9 billion. never even discuss the tax subsidies for the comparison of people on welfare to Well, 10 years ago we wouldn’t dream exports. alligators, comparison of people on of anything up above our heads owned The tax subsidies for exports, accord- welfare to wolves. Demonize and scape- by all the people being worth $9 billion. ing to the Congressional Budget Office, goat, and all that is supposed to make They are just beginning the process. the Congressional Budget Office, as you you forget that corporations are re- Well, let us take a hard look at that know, is an objective body, about as ceiving billions of dollars in subsidies wealth in the sky or wealth above our objective as you can get. Most of the from the American taxpayers. heads and how it may be used for the people who work there are civil serv- One of the groups that likes to pride public good. Maybe we shouldn’t be ants. The top leadership is appointed itself on not receiving Government aid selling all of it. Maybe we should be by the leadership of the House of Rep- is the farm community. I have often leasing it or maybe there should be resentatives, so you have leadership in heard and seen people from the Mid- some arrangement whereby you do not the Congressional Budget Office that is west and the Far West and the South have to be rich to buy it. appointed by the party now in control who insist that they do not want Gov- Maybe we should have a lottery sys- of the Congress, the Republicans, but ernment giving them any kind of help; tem so every American would have a basically, the civil servants who were Government ought to get off people’s chance, rich or poor, anybody with there before, people who have civil some know-how and might get into the service status, are still there, and their backs; Government should not intrude business, could draw lots. And the Fed- objectivity is about as good as you are into people’s lives. eral Government would lease it to him going to get. There is a great deal of hypocrisy instead of a person having to put up They said export subsidies increase here. A large amount of your tax- the capital as an alternative. And be- investment and employment in export payers’ dollars are going to subsidize cause that arrangement didn’t involve industries, but they do not increase the rich farmers. Welfare for rich farmers capital the Federal Government would overall levels of domestic investment is a major scandal. It is a legalized go in as a partnership. Forty percent of and domestic employment. In the long form of corruption. We are just going profits would go to the people, to the run, export subsidies only increase im- to talk a little bit about one aspect of Government and to the people; and the ports. You do not get any great benefit it. other 60 percent would go to the person from it. So why subsidize corporations It is so corrupt, legal corruption, you who makes it work and earns a profit. for exports? cannot arrest anybody. I am not saying There are many arrangements that Twenty-one billion dollars would be that you should go out and try to effect we do not look at, royalties on prod- gained over a 5-year period if you a citizen’s arrest, or you can bring a ucts that are created as a result of eliminated that. suit. It is all legal, because it is so Government action and Government Impose a minimum tax on foreign- complex until most of the Members of research, et cetera. We ought to take a owned businesses. That is another cor- Congress, certainly those who come harder look at those. porate welfare scheme we could go from urban areas and are concentrat- I am not going to go into that much after. If we merely established a mini- ing on other kinds of things, have not more detail now, but that is part of the mum tax on foreign-owned corpora- really deciphered exactly what is going process. We need, as I said before, peo- tions to discourage the manipulation of on with the farm subsidy program and ple in Congress who understand these transfer prices which shield income how awful the giveaway is to rich things factually. We need some people from U.S. taxation, we would realize who have been here long enough to be farmers. $1.9 billion. The formula approach Let us take a hard look at it, and I able to imagine creatively how we may under the minimum tax provides a sim- do things better, how we may collect invite you to follow me through a ple way to ensure that foreign-owned quick review of a report called City revenue in less painful ways and more companies conducting business in the effective ways, targeting the revenue Slickers. City Slickers is a report pro- U.S. pay an acceptable amount of U.S. collection process to those who are duced by the environmental working tax. able most to afford it and those who group. The environmental working This is a quote from the Congres- have benefited most from the riches of group is a nonprofit environmental re- sional Budget Office. Let us go after America in various ways. search organization based in Washing- these corporate welfare items, elimi- So let me just mention a few cor- ton. It is a project of the Tides Founda- nate the loopholes, and you will realize porate welfare setups that ought to be tion and the California Public Benefit a lot of the taxes, the revenue that are looked at in more detail in this Corp., and they have started preparing being sought, savings being sought by budgetmaking process. Instead of cut- a series of reports related to agricul- going after the school lunch programs ting school lunches, instead of going tural subsidies, welfare for the farmers. and college student loans. after students and trying to squeeze $12 This is just the first report. If you want There is a dairy and breeding cattle billion out of the Student Loan Pro- to get a copy of the report, I will tell exclusion. If we end the special exclu- gram, let us limit tax subsidies for ex- you at the end where you can order a sion for the cost of raising dairy and ports. copy. breeding cattle, you would realize an- b 2130 other $700 million. It is a very well documented report There is a tax deferral on income of based on an analysis of data that would Tax subsidies for exports, if they probably not have been possible 20 were limited, would yield revenue to controlled foreign corporations; $5.7 years ago, using computers and analyz- the tune of $21 billion. Tax subsidies billion would be realized over a 5-year ing the records of the Department of for exports, what is that? There is a period if we end the ability of U.S. Agriculture. They have been able to title passage, a thing called the title firms to delay the tax on income passage, sourcing rule and reform the earned by their foreign subsidiaries come up with this very informative title passage sourcing rule and elimi- until the income is transferred to U.S. study which should open your eyes. nate the foreign sales corporation loop- accounts, $5.7 billion, and on and on What they are saying is that in the hole. That would enable U.S. corpora- and on it goes. farm subsidy program, the program tions, I mean, that does now enable I am not going to exhaust the list of that has been in existence now for sev- U.S. corporations to shelter a portion corporate welfare items today. But out eral decades, actually the program that of their export income from U.S. tax- there, the American people should take was started in the New Deal by Frank- ation. We have a loophole to the title note this is not a simple process, not lin Roosevelt, that program was to passage and the foreign sales corpora- easy to decipher even when you are a help poor farmers. The Government got tion that, you know, whoever talks Member of Congress. So I do not expect involved in paying farmers to do cer- about these things, the Committee on you to comprehend what has really tain things, and it worked. It was very Ways and Means has a monopoly on gone on here. much needed. this language and a monopoly on the The mysteries are here. You hear the In fact, the intervention of our Gov- process, and even the other, most of drum beating against people on wel- ernment into the agricultural sphere H 3868 CONGRESSIONAL RECORD — HOUSE March 28, 1995 has been very successful in general. We port, I will read verbatim from several of the report and check it out. It is are the most productive nation on the parts of it. very sound, basic work. I commend the face of the Earth when it comes to food What is wrong with the city dweller own- people who put this report together. production. Our farm industry cannot ing a bit of land in the country? Absolutely Let me read further from the findings be challenged by any other industri- nothing, as far as we are concerned. Why, we of City Slickers: would not mind owning a little farmland alized nation. What we produce on our American taxpayers are sending hundreds ourselves, nor do we have a problem with ur- farms, the kind of productivity is un- of millions of dollars in Federal farm subsidy banites investing time, money, or both in a checks every year to a handful of absentee paralleled, and part of the reason for farm operation even if it is not their main that, a large part of the reason for livelihood, and even if the farm is thousands owners, corporations, and other farmers who that, is the early intervention of the of miles away. But why on Earth should tax- live smack in the middle of the country’s U.S Government in the process. Gov- payers be involved in the arrangement for biggest cities. Over the past decade, tax- these gentleman farmers? And as this report payers wrote 1.6 million agricultural subsidy ernment sometimes can intervene and checks worth more than $1.3 billion to city be a player in a very productive way. documents, we are involved big-time by vir- tue of Federal agricultural subsidy policies slickers, city slickers whose permanent The land grant colleges that were that are out of date and out of control. It is mailing address is in the heart of one of 50 of created, the experimental agricultural time for a change. Sending hundreds of thou- the most populous urban areas in the United experimental stations, the county sands of Federal farm subsidy checks worth States. agents, all of that was federally, you hundreds of millions of dollars to a handful know, generated. People talk about of city dwellers each year can hardly be the b 2145 government should stay out of local af- best, the fairest, or the most efficient way to They did a study and focused on the fairs. Well, the Department of Agri- help farmers stay on the land, give rural communities a chance to survive and prosper 50 largest cities, and they traced the culture program penetrated right down or protect water, land, and wildlife that checks coming from the Department of to the county level, and the county farming so profoundly affects. Left to the Agriculture to addresses in zip codes in agent went out into the fields with the farm policy fraternity, the country’s depres- the 50 largest cities in the country. farmers. It was government involve- sion-era farm programs will continue to The environmental working group ment at its best. I am all in favor of misspend taxpayers’ dollars. Americans can analysis of 110 million U.S. Department government involvement when it is do better, but only if more people become in- volved in the debate over the Nation’s of Agriculture computer records, com- necessary. multibillion-dollar farm programs. After all, puter records of $106 billion worth of We basically have a capitalistic econ- you do not have to be a farmer to get farm farm subsidy payments made since omy. That does not mean there are not subsidies. You should not have to be a farm- 1985, found over 74,000 recipients whose a lot of places where there should not er to have a say in how your money will be current mailing addresses for Agri- be intervention and government assist- spent after the new 1955 farm bill is signed culture Department checks is in down- ance. Government assistance to farm- into law. town New York City, Los Angeles, Chi- ers made a lot of sense when it started. It just so happens that the farm bill cago, Houston, Phoenix, Miami, St. Government assistance to poor farmers is up for reauthorization this year. So Louis, Detroit, Dallas or other top U.S. kept a lot of people from starving. Gov- aside from the budget process and the cities. ernment assistance to poor farmers en- appropriations process, there is a new If you are laboring under the assump- abled poor farmers to build, to gain the authorization process for these farm tion that welfare for the farmers, the know-how and to build a great agricul- programs. subsidy program for the farmers, tural industry of America, but it long I recall the last time we had the agri- should not be questioned or not chal- ago wore out. It long ago became cor- cultural subsidy program on the floor lenged because, after all, they are the rupted. of the House, I joined with a colleague, people who grow our food and we want We do not have many poor farmers the gentleman from New York [Mr. to keep them out there, we do not want anymore. Less than 2 percent of the SCHUMER], in offering an amendment a monopoly to be established by the ag- which said that any gentleman farmer American population now lives on the ribusinesses. I have heard many rea- or gentlewoman farmer, persons who farm. The billions of dollars that are sons offered on the floor of this House. are not living on farms who have other being, of your taxpayers’ dollars, that A large portion of the people receiv- incomes, any one of those who earns are going to subsidize the farms or the ing the checks are not farmers, ladies agricultural industry are going to rich more than $100,000 a year should not be eligible for the farm subsidy program, and gentlemen. They are drawing down people. They are going to corporations, and that is a clear opportunity for the the checks and receiving the subsidy agricultural corporations. Agri- Members of Congress to take some ac- from you taxpayers, and they are not businesses are absorbing your dollars. tion in a very meaningful way. setting foot on any farm, I assure you. They are going to individuals, too They would cut off anybody making When they analyzed major suburbs many of them are rich also. $100,000 or more who also was not a and satellite cities surrounding these And many of them do not live on the farmer full-time from the farm subsidy big cities, they found that the pay- farm, and the last few years they have program. We got only 140-some votes ments increased greatly. A lot of peo- not set foot on the farm. That is what out of 435. That is the nature of the ple living in suburbs also around big this report is all about. This report is deep entrenchment of the vested inter- cities are receiving payments. It went about city slickers, people who get bil- ests that support welfare for rich farm- from $1.3 billion to $1.8 billion when lions of dollars from your taxpayers’ ers. you include some of the other people money, your money, meant for farm Let me continue to read from the re- close to the city. subsidies to help keep the farm indus- port though. City Slickers, that is the From Beverly Hills to Key West, the try alive. name of this report, the first in a series research shows that it is the rare, well- There are many good reasons why we of Environmental Working Group stud- heeled suburb, urban enclave or resort started these programs, to guarantee ies on Federal farm subsidy programs spot in the United States that does not that we would never lose the family that will be published over the coming receive Federal farm subsidy pay- farmer, that they would always be months. They are going to publish ments. The pattern, the rule, is that there to make farming competitive, to other reports. It was made possible they do. It is rare that they do not re- keep the land productive, to conserve through the efforts of the environ- ceive. The richer the community is, the the land, et cetera. There are many mental working group, analysts and more likely you are to see large num- good reasons, and there are still good computer programmers. They went to bers of farm subsidy payments flowing reasons. work in the Department of Agriculture into that area. But the process has been corrupted to files to pull out all of this data, and In every major U.S. city farm subsidy the point where people who live in the what I am reading from in the report is checks pour in from farms located in cities have never visited a farm and are based on hard data. They have the dozens of States. Farms in 42 States drawing now checks for farm subsidies. charts in here. They have the graphs in pump government subsidies into New Let me just read from the report City here. They have the statistics in here. York City. Thirty-eight States send Slickers; I think it is such a good re- If you doubt their findings, get a copy Federal farm dollars to Los Angeles, 37 March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3869 States have farm program recipients in age received at least $13,000 a year over The weaker the Congress is, the more Chicago, and 41 States are sending ag- the 10-year period. General partner- it is ridiculed, the more it is ricultural assistance to farmers in ships brought in $150 million, averaging trivialized, the less it is likely to have Houston. $72,000. Corporations with stockholders the people who will be able to take on In many cities, New York City, Los collected 11 percent of total big-city correcting these massive racketeering Angeles, Chicago, and Tucson, for ex- subsidies, which equals about $138 mil- enterprises which waste a great deal of ample, half or more of the subsidies lion. Corporations in big cities col- taxpayers’ money. come from farms located outside of the lected about $138 million over the pe- The weaker the Congress is, the more State. riod, the 10-year period studied. Joint likely people are to fall for demonizing If you want to make the argument of, ventures collected $74 million, averag- of welfare mothers, demonizing preg- somebody has already got a rational- ing $200,000 each over a 10-year period. nant teenagers, calling of alligators ization put together, well, sure, people These are your taxpayer dollars flow- and wolves and making it appear that may live in the cities, but New York ing to poor farmers according to the they are about to bring the country State has a big farming sector. Agri- original legislation. The idea was to culture is a big business in New York keep the farmers solvent, help the down. State. farmers make a good living, but now it No, the waste that is about to bring So these people may live in New is a corrupt racketeering enterprise, a the country down is here. This is one York City, but outside New York City legal racketeering enterprise. example. We are going to be showing in certain parts of the State there are You know, there may be a contradic- you many others in the weeks to come. farms. tion in that when you say racketeering Continuing to read from the report But these checks are not coming and legal, but the savings and loan City Slickers: from farms in New York State. The scandal showed us how you can swindle Massive and widespread cash payments to checks that are going to New York people, how you can have a massive absentee interests in cities are just one of City are coming from 42 different racketeering enterprise which is most- many indications that America’s Federal States, 42 different States. You tax- ly legal. farm subsidy programs are out of date and payers are funneling money meant for Continuing to read from the report, badly out of control. This study underscores farmers into city slickers from 42 dif- and I am reading from a report called just one of the fundamental problems with ferent States to New York. City Slickers. City Slickers is prepared America’s depression-era farm programs. And in other cities it is much worse. by the Environmental Working Group. They mostly now reward the ownership of land, not the farming of the land but the I am going to read from a chart later They are located at 1718 Connecticut ownership of the land. They reward most on of the five highest ranking cities re- Avenue Northwest, Suite 600, in Wash- those who own the most, not those most in ceiving these payments from you. In ington, DC 20009. need. big cities, as in the countryside, a I have given you this information be- Let me repeat that. From the report small number of individuals, partner- cause if you do not believe my figures, City Slickers: ships, trusts and corporations collect if you do not trust me or if you want to the lion’s share of Federal farm sub- see more documentation and if you This study underscores just one of the fun- sidies. These are rich people mostly want to read the report in more detail, damental problems with America’s depres- sion-era farm programs. They mostly reward who are collecting these checks. if you want to get to know about this the ownership of land, not the farming of it, Just 862 big city subsidy recipients gigantic swindle, you might want to and reward most those who own the most, collected $388 million over the period see the whole report. Environmental not those most in need. checked, nearly 30 percent of the total Working Group, 1718 Connecticut Ave- Welfare for the farmers is not means payments to the postal areas in the top nue Northwest, Suite 600, Washington, 50 cities. A general partnership in Dal- DC 20009, (202) 667–6982. Fax number tested. People on welfare, aid to de- las, TX, for instance, received 157 (202) 232–2592. pendent children, that is what we call checks over six of the last 10 years. Now I understand there has been welfare. You have to prove you are And this general partnership’s 157 some controversy about giving out in- poor before you can get a dollar. checks, listen to this, totaled $1.8 mil- formation about books or things for Farmers do not have to prove they lion. The $1.8 million came from farms sale. This is for sale for $10 I think. I are poor. In fact, it is well known that in two counties in Mississippi. Mis- have no connection whatsoever with many of them are rich, big agri- sissippi, one of the poorest States in this group. I have never been to their businesses. Everybody knows. The rich the country. office. I am not a member. Nobody on know. Nothing hidden there. No secret. The money is flowing from your tax- my staff is a member. It is a nonprofit They are the ones who are receiving payers’ pocket, supposedly to help the environmental research organization the taxpayers’ dollars. Free money to farmers in Mississippi, but it flows into so far as I am concerned. I welcome people who do not need it. a firm in Dallas, TX, which one firm you to contact them to get the whole Continuing to read from the report, I alone collected $1.8 million over the report. quote: last 6 years. We need to know. Members of Con- Absentee landowners, distant corporations The top recipients in Los Angeles is a gress need to know more. Even those and far-flung investors are able to draw sub- general partnership in zip code 90024, who have been here 10, 12 years do not stantial government agricultural subsidies, and they received 22 checks over 7 of know enough, have not been here long though they may reside in a big city hun- the last 10 years, and those 22 checks enough to really learn, no matter how dreds or even thousands of miles from the were worth more than $837,000. studious they may be or how hard they farm and never set foot on that farm for The top farmer in Washington, DC, work at it. years on end. As a practical matter, almost received a total of 271 farm subsidy It is a complicated world, ladies and anyone, almost anyone can qualify for Fed- checks from a North Dakota county in gentleman, The American Government eral agriculture subsidies. You do not have to farm the land, you do not have to live 8 out of the past 10 years. And his is the most complicated entity on the anywhere near the land, you do not even checks, the name of that person ap- face of the Earth. The Members of Con- have to visit from time to time. You do not peared in a newspaper article, totaled gress, 435, plus the Members of the Sen- have to be related to the farmer or to anyone $286,000. ate, 100, are 535 vice-presidents of the else who has an interest in the farm. And San Diego’s top producer is a cor- world’s largest and most complex cor- wealthy, absentee farm owners who are most poration which stockholders have poration, the world’s most powerful likely to run afoul of payment limits or brought in 246 checks worth $968,303 corporation. other rules have ready access to legal advice from a farm in Montana, a farm in We hear people talk about term lim- that can help them maximize their govern- Montana that has drawn down your its. They want to make this body ment payments, advice provided by the gov- taxpayer subsidies every year since weaker. They want to trivialize what ernment itself. 1985. we do here. They want to make it The fact that Federal farm programs More than 63 percent of the total weaker for the purpose of continuing transfer massive Government subsidy farm subsidies paid to big-city recipi- these kinds of scams, these kinds of payments to recipients in big cities, as ents went to individuals who on aver- racketeering enterprises. we document in this report, is just one H 3870 CONGRESSIONAL RECORD — HOUSE March 28, 1995 more compelling reason why the 1995 GINGRICH, who is in his 17th year. He lawyer and so forth. So we need experi- farm bill must not result in business as would not be in the House if we had the ence in public office as well. usual. term limits we would be talking about Some people had the mistaken im- I conclude by stating this is a report tomorrow. Roll Call, the newspaper pression that Dan Rostenkowski was a called City Slickers, and we need to that covers Capitol Hill, pointed out typical Member. He was not typical. I read more of it together. Get a copy Great Britain would not had the serv- realize that term limits are popular yourself. ice of Winston Churchill during World and they are going to pass, but I think, And as we progress on our discussion War II. His greatest moments of public as I said, that they correct a problem of the budget and appropriations proc- service would not have taken place if that does not exist, and I do not think ess here in this Congress, we are going term limits had been in effect in Great they will solve the real problems that to talk more about where is the real Britain. face this country. waste, where is that money that is Term limits do not make sense. It needed to give a tax cut or do anything makes no sense whatsoever to go to a f else? It is not in the school lunch pro- great teacher and say that we know WELFARE REFORM gram. It is not in the college loan pro- you are a great teacher and you are gram. There are billions of dollars that doing a wonderful job, but you have The SPEAKER pro tempore. Under are routinely being wasted, and we been here 6 or 8 or 12 years and we feel the Speaker’s announced policy of Jan- should take note of that as taxpayers. we should have new blood, or to do that uary 4, 1995, the gentleman from Lou- f same thing to a great nurse or a great isiana [Mr. FIELDS] is recognized for 60 TERM LIMITS engineer. If term limits should not be minutes as the designee of the minor- applied to other fields, they should not ity leader. The SPEAKER pro tempore (Mr. ZIM- be applied to elected officials either. Mr. FIELDS of Louisiana. Mr. Speak- MER). Under a previous order of the We already have term limits, the er, I rise tonight to talk about two is- House, the gentleman from Tennessee terms to which we are elected. We are sues. One, I wanted to talk a little bit [Mr. DUNCAN] is recognized for 5 min- elected to 2 year terms in this body, 6 about what took place in the House of utes. years in the Senate. The voters can get Representatives on last week and the Mr. DUNCAN. Mr. Speaker, tomor- rid of us very easily. Every other year week before last. On last week, we row we will vote on what former Sen- we face the voters. Term limits are passed legislation, in a real sense an in- ator Howard Baker has called a bad very undemocratic. They take away a sult and also is an assault on young idea whose time has apparently come. little bit more control the people have children, on babies, on kids, on infants, That idea, of course is term limits. over their own Government. They take and we passed that legislation in a Term limits will pass this body with away the right of the people to vote for spirit of welfare reform. But I just a very large margin, although maybe whomever they want. I think it is part wanted to talk about some of the im- not the two-thirds vote necessary. of this trend that these very liberal pact that this legislation will have on However, I know from private con- elitists have said for years ‘‘Take the children and infants all across this versations and believe that there are politics out of this, take the politics country. quite a few members of this body who publicly are for this very bad idea but out of that,’’ and that sounds good on The cash assistance block grants who privately are hoping that the leg- the surface. But if you take the politics that provides that no Federal funds for islation does not receive the two-thirds out of everything, you take away the children of mothers under the age of 18 vote necessary. control of the people over their own or less unless certain requirements are Government, and term limits is just met, it is very easy and very popular to b 2200 another part of that very dangerous talk about how we should make par- I can tell you this, Mr. Speaker, that trend. ents more responsible, and I do not if ever there was an idea or something Term limits will strengthen the think there is a Member of this body that corrects a problem that does not power of the unelected in this country. who does not wish to make parents re- exist, that idea is term limits. Two They will strengthen the bureaucracy, sponsible or would not like to have re- hundred and three new members have the lobbyists, the committee staffs. Al- sponsible parents in our society. But been elected in just the last 2 years. ready we have a Government of, by and the real impact will not be on parents. Let me repeat that: 203 Members, al- for the bureaucrats, instead of one that The real impact of these cuts will be on most half of this body, have been elect- is of, by and for the people. We need to children. Nationwide, 70,000 children ed in just the last 2 years. We had 110 reestablish the control of the people will be denied benefits. In my own freshmen elected 2 years ago. There over their own Government, and term State, about 600 children will be denied were six Members, three of whom left limits will do just the opposite. benefits because of this legislation that to move into the President’s cabinet We need to solve the real problems of was passed. Now, I would hope that and three others left for better jobs, this country. Mr. Speaker, turnover in parents are responsible. and then 87 new Members were elected the Congress and in other elected of- I would hope that no parent or no at the start of this Congress. So that is fices is not one of those major prob- woman, young lady who is not married, 203 new Members in just the last 2 lems that we face in this country would not even have a child. I mean, years. today. I am one of the most conserv- that is a perfect world, a perfect idea, This is the greatest turnover in the ative Members of this body, but I can but it is not happening today. And history of this Congress and in the his- tell you that term limits are not a con- since there are women who have chil- tory of this Nation, and that same servative idea. Our Founding Fathers dren out of wedlock, I think the Gov- turnover, very high rates of turnover, specifically rejected them, and even ernment has an interest and should are occurring in elective offices all conservatives like the Libertarian col- have an interest in children and across this country. umnist Lewellyn Rockwell and others should, to the degree that we can, I mentioned Senator Howard Baker a are now saying term limits are a very, make sure that not a baby in America moment ago, a man who is really one very bad idea. In fact I think they are goes to bed hungry at night. of my heroes and for whom I have the a very radical idea, and I think they The other point of this legislation greatest respect. If we had had term should be rejected, although I know that we passed provides that no bene- limits in effect, we would not have had that they are very popular because fits will go to anybody after 5 years. Senator Baker’s greatest service to many people do not realize how much Now, that sounds very good. That is a this country. We would not have had turnover there is and how much change very popular statement to make, but his service during the years he was mi- is going on in this place and in other the benefits are really not for the nority leader and then majority leader offices around the country. mother. If we want to call it irrespon- of the U.S. Senate. We would not have In no other field do we think that ex- sible, then so do it. But the benefits are had the service of Senator Everett perience is a bad thing. People want an not designed for the mother, the so- Dirksen during his greatest service, or experienced surgeon when they go into called irresponsible mothers. Those our own Speaker of the House, NEWT have surgery, they want an experienced benefits are for the children. They are March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3871 for the infants who cannot get up in tion arrives in the Senate, that the Mr. Speaker, I would like to yield the morning and go to work. And we Senate puts much, much more thought very briefly to my very good friend cannot chastise innocent kids in our into it. from Texas, Ms. SHEILA JACKSON-LEE. country because of some faults or some School nutrition program. I mean, we Ms. JACKSON-LEE. I appreciate the mistakes of their parents. I would hate have talked about that so much I am gentleman yielding, and I could not that this country get to the point that tired of talking about school nutrition, help, listening to your eloquence, to we not take care of those who can do because every time you talk about just come over and not only share in very little for themselves, like infants school nutrition, there are folks who your concerns as you have expressed and children, and those kids with stand up and argue with you as relates them considerably and articulately handicaps. to whether or not it is a cut, whether throughout this session. Well, 4.8 million children would be or not school nutrition will be sac- But I was reminded of a story that denied benefits as a result of this 5 rificed as a result of the block grant- you told just a couple of weeks or so years and you are off. In Louisiana, ing, and it almost makes me sick in ago relaying your own personal experi- about 100,000 children. No Federal bene- the stomach, because the numbers are ence. It made it very real for many of fits for additional children born while a very real. I mention the numbers, us who likewise experienced what you parent is on welfare. Well, parents many students in this country will not experienced, and that is that you were, ought to be responsible. But whose have the benefit of a balanced meal be- if you will, a participant in these pro- fault is it if a kid is brought into this cause there is no national standard for grams, the school lunch program and world while his parent is on welfare? nutrition in this legislation that was the school breakfast program, and as a And who do we penalize in this piece of passed, and many of my colleagues will youngster, you, if you will, benefitted legislation? We penalize 2.2 million argue that students will not be jeop- from the fact not of a handout, but children across this country, and in ardized. simply of an opportunity to come and Louisiana we penalize about 46,000 chil- The reason why we took this program get a meal. And a meal is not a par- dren. in the first place is because States were tisan issue. A meal simply is reflective Now, my idea of welfare reform is the not doing a good job. When we get to of the concern of this country. I had in thought of giving parents, giving moth- the point that this Congress should not ers, the opportunity to learn a skill, so have an interest in the nutrition, my office today a representative from that they can be productive, so that school nutrition, that is the point we the teachers association, National Edu- they can do for themselves. But in this ought not have a Congress. That is just cation Association, out of the Houston legislation, we do not require job train- one of the interests we should have, we area, and that teacher, with a great ing. We do not have funds available to ought to have an interest in child nu- compassion, spoke about seeing ele- the extent that is necessary for real job trition, we ought to have an interest in mentary school children come to training, so that we can teach mothers making sure that every child who goes school to get a breakfast or get a lunch skills and parents skills, and then put to school receives a balanced meal. and how they took the last grain of them to work and provide them with a I would feel a little bit better about food off the plate because it might have job so that they can provide for them- this rescission package as well as the been the only meal that they would selves. But we do have a provision in welfare reform legislation, and I do not have had. the bill that says 2 years and you are want to get into the summer jobs de- I had some other ladies come from off. bate again, if we would cut money that the National Council of Jewish Women Well, 2 years and you are off is popu- goes to other places in this world. You who indicated that they were them- lar. It makes a good 30-second sound know, we cut domestic programs on selves concerned about some of the bite, but is it fair? You do not require one hand, and then we increase money very cuts that you have already men- the parent to learn any job skills or to go overseas. I do not understand the tioned, and indicated how ridiculous it work, but if she is on welfare and does rationale and logic. How do we say to is when we are talking about welfare not have a job after 2 years, she is our children that we cannot give them reform, and in fact we are talking automatically off of the welfare rolls. a summer job, but we can give them about suggesting that the parent, Well, who really suffers as a result of somewhere in the neighborhood of whether it be a mother or father, get that? Are we teaching the parent a les- about $30 billion in jail cells and build out and work. And we know very often son or are we really teaching the chil- more prisons, but we cannot give them in this very busy society how many of dren a lesson? I mean, children cannot a job this summer, and we expect our us have time to sit down with our fami- be responsible. Many of them are in- streets to be safer this summer? lies to eat. So some cavalier comment fants. These infants, all they know how Of course not. We cannot expect our was made, let them eat with their fam- to do is cry when they are hungry and streets to be safer in this summer by ilies, meaning their children that get want to be changed when they are wet. taking some 1.2 million kids off of the the school breakfasts and lunches. This Many of them cannot even speak, they payrolls. We are taking their parents very insightful lady said, ‘‘I live in dif- are toddlers. You know, they are 1 off the welfare rolls, then taking their ferent conditions. I didn’t eat with my month old, 2 months old, 6 months old. children, you know, taking their moth- children.’’ She noted the fact we live in They need somebody to take care of er off the welfare rolls and taking the different times. But how insensitive to their self. And if the mother, because child off of the payrolls. To me, I mean, suggest that you now want the welfare of whatever reason, be it irresponsible how inconsistent can we get? I mean, mothers or welfare parents to find or be it because she does not have the we are consistently inconsistent in this work and to be independent, but yet wherewithal to do so, somebody ought Congress when we do those kinds of you are not going to give them the to step in and have an interest in that things. And to me I think we need to kind of supportive services like a child. And I just think that our Federal really, when this legislation gets back school lunch program, a school break- Government should have a compelling to this House in the way of a con- fast program, like a job training pro- interest in children. ference committee, I would hope that gram or transitional child care. You So I just wanted to express that in- we just stop for a second and really put are simply going to, if you will, throw terest and that concern tonight, be- more thought into it, and not jeopard- them to the wolves. cause I do think that this Congress has ize and not penalize poor innocent chil- b taken a step in the wrong direction dren in this country. That is one of the 2215 when we penalize children simply be- reasons why I wanted to stand here to- It simply does not make sense. And cause their parents are not responsible night, Mr. Speaker. none of us, as we have come from State or because their parents do not have a Also, I want to talk about another government, I know that you have a job skill or because their parents are subject, but I see my very good friend very fine record in the State of Louisi- unemployed. I think we need to have from Texas is on the floor, and it is al- ana, you had to make hard decisions more thought, a little bit more ways good to have her, because she is about where we cut and how we reduce thought put into this welfare reform an eloquent person who cares about government, none of us ignored those debate. I would hope when this legisla- children in this country. concerns. But what we are asking for is H 3872 CONGRESSIONAL RECORD — HOUSE March 28, 1995 a simple understanding of the compas- and he could not find any investors and in the prenatal stages to ensure that sion upon which we though this Nation so his loan was extremely huge. they know about good health care, was founded. And so, rather than taking these good nutrition for their babies. It was founded on opportunity and profits, maybe I could take it to even a But it said that if we did not invest founded because people were hungry for more visible or visual type example. in the Women and Infant and Chil- jobs and for work. And it was founded Would he run off to some luxurious va- dren’s Nutrition Program, we would on freedom of religion. But most of all, cation with the dollars or, if he is a have a bill of some $15,000 per infant people coming here, certainly many of sound business person, who he seek in with the kind of illnesses, for example, our ancestors and most of our ances- order to ensure the viability of his that that baby would have when it was tors did not have that luxury, but the business, to go and reduce that deficit born and, ultimately, the kinds of whole thrust of the Nation was to come or to reduce that huge debt that he has problems that it might face in early here for opportunity. And yet we throw outstanding on this business. childhood education and as it grew up it back into the faces of the American Mr. FIELDS of Louisiana. Any rea- to be an adult. people who we are telling to get up, sonable man or any reasonable women Clearly, the data suggests that when stand on your own two feet, be inde- of ordinary prudence would use that you invest in that young child, wheth- pendent, unshackle yourself from wel- money to pay the debt. That is just er it is a school lunch, whether it is a fare. something that reasonable people school breakfast, whether it is the Yet we take, if you will, the slash would do. Any irresponsible person Women and Infants and Children Nutri- and burn attack and we cut off pro- would probably do just the opposite, tion Program, that you are truly mak- grams like you have been speaking of. use the money to do everything but to ing an investment. I could not help but come here to sim- pay the debt. And I think that is one of Let me say this, because there is ply share with you. the problems that we have here in this something about us here on the House Let me just mention these points and Congress. floor believing that this is such an im- I would certainly want to dialog with We take money from the poorest portant issue, wanting to communicate you about this and ask you how it is Americans in the world, I mean the with the American people, the great impacting your area, because I have country, in our country, the poorest citizens in the great State of Louisiana gone home to my community and Americans in the United States of and the great citizens of my great heard nothing but screeching, shrill America, and we give it to those who State, Texas, for us to be branded as screams of outrage, not of violent out- have. We take from the have nots and speaking the words of only a few Amer- rage that they would act violently, but we give to the haves. icans, but let me say, knowing that pained outrage, shock and wondering I think that is not only unconscion- you have got certainly a State that is what are we telling our children. What able but unbelievable and unfair. For well endowed with energy leadership, examples are we setting? Again, as we us to take infant formula, for example, energy corporations, I face the business begin to look at the tax cuts we have from a baby because her mother so community. already gone through rescissions, many happens to be 17 years of age, we want I have not heard a hue and cry for the people are in shock because they said, to teach that mother a lesson because need for the kinds of tax cuts that are We thought those dollars were author- she should not have had this baby when not really bringing in all of us to dis- ized. she was 17, we are not going to give her cuss what best way to energize, if you Summer jobs cut out, you were men- baby any milk. We are going to teach will, if you can use that term, the tioning that. Safe and drug free her a lesson. economy. I have not seen individuals schools, cut out. This is in the State of Ms. JACKSON-LEE. Then we are ask- with incomes at a certain level stand- Texas. I can quote the dollars, $780 mil- ing her to be independent. ing in the highways and byways lion, $40 million. Youth job training, Mr. FIELDS of Louisiana. That is screaming for a tax cut. I have heard very effective programs to get our right. We want her to pull herself up by them speak eloquently and forcefully, youth moving from school to work. the bootstraps. We are not going to as good business men and women, The Goals 2000 program that in fact teach you any job skills but we want to about bringing down the deficit to cre- this teacher was mentioning to me, a set an example. ate the kind of economy that would be very effective program that helps es- What happens, if the gentlewoman the most, if you will, energized and tablish greater educational goals, the would answer this question, what hap- forceful in stabilizing this Nation. title 1 education program, $9.2 million, pens if that baby, while we big Ameri- Let me share with you on this point, and in the vocational education tech cans, Members of Congress, I do not because I think we have had some dis- prep program. I wanted to share with know, I do not think any of us have to cussions on this, there is something you those because all of those are pro- worry about eating at night, we make about having a job, being able to go to gram based upon our children. a pretty decent salary, what happens if work. We know that we are facing I would like to ask you this question, that baby dies of infant mortality? some hard decisions. I just simply want this is what is puzzling me. Take, for Does that make us big Members of Con- to acknowledge that we have got a example, a gentleman who is going into gress? We are talking about maybe 1.7 headline that says, ‘‘NASA cuts 55,000 business. He is in the exotic bird busi- percent of the whole budget goes to jobs.’’ We know we are going to have to ness, and he wants to go into a store welfare programs, and we are going to make some hard decisions. But I would that offers to the public exotic birds. solve the deficit problem by taking imagine that in the course of these cut- Not being able to get many investors, money out of this person’s, this baby’s ting of jobs, potentially in this he goes out and gets a very, very large mouth. And we are going to teach the reinventing government that we all loan, but he is able to employ some 6 to parent to be responsible and, at the have to do, you might be able to go up 10 employees because, as he sees his same time, we are going to give to big to any citizen and say, what do you way clear, this exotic bird business is business over there or the individual think is most important in this nation? taking off. And he is doing well. who makes $200,000 a tax break. Allowing people to work, stabilizing Would you think that he would im- Ms. JACKSON-LEE. If the gentleman the economy to allow them to work, mediately then, as his meager profits would yield, you raise a very striking making sure that if you have welfare are coming in, seek to, if you will, pro- question. Just a couple of days ago I mothers who are seeking independence, vide an opportunity to bring down that was here on the House floor and had in that they have jobs? Or is it to have debt, meaning that large debt that he fact a chart that answered your very this big balloon tax cut that seems to has gotten from a bank, say like the question dealing with women and in- go nowhere and you are talking about deficit, or would he be seeking to take fant and children nutrition. That is the thousands of people in the streets with that money and maybe spend it fool- program, the WIC Program, that has no jobs? ishly, something like a tax cut, or been so effective in not only helping I raise that question to you because would he be looking to make sure that with care of that new infant but it also it is puzzling to me how we can make he puts his business on sound footing, helps monitor the young infant’s decisions with no data, no hearings of because he had an exotic business now progress and also it brings in mothers crowds pouring in saying, tax cut, tax March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3873 cut. And yet we are having to put peo- that they bring into this world. I am music to tell them that this is some- ple out of work. for that. And I am also for a kid having thing they need to take up. Mr. FIELDS of Louisiana. The gen- a summer job. The outcry that I have gotten from a tlewoman makes a very good point. I That hurts me the most because I parent who is a single parent who says think one of the problems we have in know what it feels like to be a part of Johnny has been off the streets now for this country is we are blaming the a summer jobs program during the 4 years straight because he has had a wrong people. When we had the S&l cri- summertime. And I have been taking summer job, and you know what is sis, for example, that hit the TV screen this mike now almost every night be- even better than that, you know what for a few days, a few weeks. And we de- cause these are programs, maybe I am is even better than that is Johnny’s veloped the RTC, and we are now get- one of the few Members of Congress younger brother is aspiring to get the ting to the point we are resolving that who has been through most of the pro- summer job like Johnny, not aspiring whole issue, multimillion dollars. grams that were cut, but I know what to hit the streets to join the gang that And when a person who has food it felt like to have a summer job during is right next door but aspiring like stamps, for example, walks into a the summertime. Johnny. store. I had the occasion of walking I mean it gave me self-esteem. It As I conclude, let me simply say into a grocery store in my own district, gave me pride. It gave me dignity. I what the misnomer is. We go back to purchasing food and standing in line. was getting up and I was going to welfare. I think we all have seen this And then a lady in front of me with work. I went to work, Monday through documentary about hoops and basket- maybe one or two kids, who is about to Friday. And I made a salary. I got a ball, a true story about youngsters off purchase her food with food stamps, check with my name on it. And I was the street and aspiring to be basketball she turns around and sees me. And able to buy my school clothes, and I players and there were some good then, all of sudden, she forgot some- was able to help my mother pay her endings for those youngsters in there. thing. And she said, Go ahead, Mr. rent. And that made me feel good. And The one point that really got me is Fields, I forgot something. that really taught me job skills; taught when the mother said, ‘‘Do you know And in a real sense, she did not forget me responsibility. we live off of $300 a month?’’ Because anything. But she was embarrassed be- And now even the thought that this there is some myth about how much cause the whole nation is blaming her summer kids will not have the oppor- for the problems, blaming her for the tunity that I had when I was growing people are living off of. deficit. Blaming her for everything up in Baton Rouge, they will not be Then just to reflect on the State of that is wrong with America. And she able to go into a summer job this sum- Texas where an AFDC recipient with did not want her congressman to see mer because this Congress had the gall one child gets $184 a month, so let us her purchase her food with food to cut 1.2 million kids off of the pro- not fool ourselves to think that these stamps. And it is a shame and a dis- gram in the spirit of fiscal reform and folks are rolling in dollars. All of these grace that we have poor people in personal responsibility, and then talk people would far benefit from cutting America who are being blamed for about how we need to get kids off the the deficit. every ill that we have in this country. streets, my God, where would I be Then when we talk about some sense For example, it is amazing that we today if I did not have a summer job, of independence, we have got the other would take $30,000 and we would put it many of my friends, when we were side of the coin. Say you pulled your- in jails and persons, and it takes $60,000 growing up? self up by the bootstraps, you got out to build a jail cell in this country. And f of high school, how would you get to it takes about anywhere from $28,000 to college? Summer jobs as well as stu- b about $30,000 a year to maintain a pris- 2230 dent loans. Do you know what is going oner in that jail. And we are spending Mr. FIELDS of Louisiana. I do not to be cut with these tax cuts? We are all of that money to put kids in jail understand the rationale and I will talking about cutting an enormous who violate the law. yield to the gentlewoman and then I amount, half of all of the students at- And we find out, we look at all the want to talk about something else, I tending college would be cut in terms statistics and all the statistics reveal certainly hope the gentlewoman would of their student loans or their opportu- that 86 percent of the people who are stay, a little bit about term limits be- nities to go to college. incarcerated, who are behind jail cells, cause I have heard some very interest- I do not know about you because I are high school dropouts. ing discussions tonight about that understand that we have come from Now, it takes very little discussion issue. different States, but I can assure you and very little debate to pass that kind Ms. JACKSON-LEE. Well, I thank how much that will hurt the commu- of appropriation. But if we tried to put the gentleman and I could not help but nity that I come from and how impor- more money in schools, we just cut $100 just be absorbed by your recounting of tant it is to our students who are seek- million out of infrastructure. Prisons your life’s history because I wonder ing independence, some of whom have and jails in this country are in better whether or not because of the missing come from homes where they were de- condition than our schools. but it life experiences maybe of some who pendent upon welfare and are now would take a literally an act of Con- would argue differently than what we seeking an opportunity through edu- gress, not really knowing what the cli- would argue whether this is why we are cation and look what is happening to che of an act of Congress really means, where we are today. them. to pass any appropriation to put more I certainly was a beneficiary of a So I thank the gentleman for yield- money in education. summer job and took as much pride as ing but I had to come and join you and It is a clear correlation between edu- you have articulated in working in the certainly you are raising another issue cation and incarceration, but the prob- city’s parks during the summer, having that I hope I will briefly be able to lem is, the question is whether or not that check, but most importantly the share with you on that because I think we really want to address these real responsibility, the uniform, the self-es- that impacts, if you will, how we run meaningful problems. teem. Let me say a great big thanks to government. I feel, and I may be wrong, but I feel all the parks workers throughout this I also have not heard the reasoned the way we address these problems is Nation. hue and cry on the other issue you just not by pointing our finger at poor peo- The important thing is that we are mentioned about what we do about ple but by lifting them up, by making speaking in essence out of two sides of people who are in office when I believe sure that every parent receives job our mouth and that is that we ask on truly in the process of voting people in training and then provide a job so she one side, stand up and be counted and and voting people out. But I will say it can go to work. be independent and then we tell our is important for people to have a his- I am not against workfare. I am for children and I have been on the local tory of what has been done previously workfare and making sure that dead- box station if you will, meaning I have by government, people who can bring beat dads be responsible dads and make gone to where the youngsters listen insight to these issues and reflect upon them pay child support for the kids and talk to them in between their their life experiences to share. H 3874 CONGRESSIONAL RECORD — HOUSE March 28, 1995 I hope that we will have the oppor- lieve in term limits, we can have a self- years, is wrong. And it is taking away tunity as this goes to the U.S. Senate, imposed term limit and we can start the voice of people. the rescissions bill that we have talked term limitation tonight and all you Ms. JACKSON-LEE. Would the gen- about and now as we move into the tax have to do is sign this term limit tleman yield? cuts, that we will have an opportunity pledge card. Mr. FIELDS of Louisiana. I would be through conference, as I am working I want to make sure that every Mem- happy to yield. very hard to ensure that some of these ber of Congress receives this pledge Ms. JACKSON-LEE. You have raised very devastating dollars that have been card because I am sick and tired of several important points, and I think removed that are not doing anything Members walking into that well and tomorrow we will have additional time for the deficit will come back to help saying to the American people, we need to grapple with these issues. But I, too, people who are seeking to be independ- to limit the terms of Members of Con- have kept an open mind on this whole ent. gress and many times those Members question of term limits, looking for the Mr. FIELDS of Louisiana. I thank who walk into the well are Members higher ground in terms of the real rea- the gentlewoman and we hope we are who have served for 16 or 20 years. I do sons behind what has been labeled as a both hopeful that in the Senate there not understand that. I think that is movement to ensure that we have term is a much more deliberative debate on what hypocritical to say the least. limits. And each time I seek an answer, these issues. Even if they are not This pledge card is very simple. it comes back simply flat, and let me cleared up in the Senate, we would There is nothing complex about it. ‘‘I,’’ tell you why. hope that in conference that these is- and you put your name in it on the You have hit on a very salient point. sues are cleared up to the best inter- line, ‘‘pledge to the people of,’’ what- We are now debating this whole issue ests of all the people across America. ever district you represent, whatever of let the States do it, the local com- Even if they are not cleared up in that State you represent, ‘‘that I will not munities do it. What this debate sim- arena, we would hope that the Presi- seek reelection to the United States ply says is that we do not appreciate dent takes a very, very strong look at House of Representatives after’’ X and furthermore have no respect for these rescissions as well as this Per- ‘‘number of terms,’’ signed by the the local constituents of each individ- sonal Responsibility Act and make sure that children and infants are not Member and dated. ual Member’s district. We have no re- penalized as a result of some fault of And we put it in the CONGRESSIONAL spect for them. some third party. RECORD, and then every Member should For we will tell them that what they I would like to at this time talk a lit- live up to that term limit commit- will have to vote on if we do a term tle bit about term limits. As the gen- ment. limit amendment is they will have to tlewoman from Texas knows, tomorrow You know my term is limited and not vote on a Member that they may we will be debating the issue of term your term is limited. You cannot serve want to vote on. They may even want limits on this floor. We will decide over 2 years in the House of Represent- to cast a no vote against the Member, whether or not the terms of Members atives without the approval of the peo- meaning that they would like to vote of Congress should be limited. ple of Texas. for someone else with the Member I have been tussling with the idea of I as a Member from Louisiana. I can- being on the ballot. Just think of it. term limits now for about 7 years be- not serve in this Congress after 2 years They do not each have that oppor- cause when I was a member of the without the approval of the people, the tunity. State Senate in Louisiana, being Chair- Fourth Congressional District of Lou- Mr. FIELDS of Louisiana. If the gen- man of Senate Governmental Affairs, I isiana. When I raise my right hand, I tlewoman would yield. had to deal with the issue of term lim- take the oath of office for 2 years and Ms. JACKSON-LEE. I would be happy its and wanted to give the best possible 2 years only, and then I have to go to yield. opportunity for those who felt that back to my district and get reelected. Mr. FIELDS of Louisiana. You make term limits was a good idea for Amer- So that, in itself, is a term limit. a very good point. ica. Now what puzzles me is how people I have heard some arguments that we But no one, even idea, has been able say, well, term limits or the lack are to send Members back home, and to convince me that term limits is thereof is the reason why we have so they need to live with the people and good for America. You know when I many problems in this Congress. live in the community and work with walked into this Congress on January Well, the last three elections, over the folk in their respective commu- of this year, I raised my right hand and 200 new Members of Congress were nities. And then if they choose to come said that I would support and defend elected. Two hundred new Members of back then they could run for office the Constitution. And every Member of the House now reside in this House of after they sit out for 2 years. Well, my this body said the same thing, we Representatives today. And they were God, I do not know about you, but I go would support and defend the Constitu- elected in the last three elections, last home every week. tion of the United States of America, three elections. The last three elec- Ms. JACKSON-LEE. I am right with this Constitution. I look at this Con- tions brought 200 new faces to this in- you. stitution and article I, section 2 of this stitution. You were one of them. I am Mr. FIELDS of Louisiana. I am not Constitution says in no uncertain one of them. removed from the people of the Fourth terms, ‘‘The House of Representatives What happened in the Senate? The Congressional District of Louisiana. I shall be composed of Members chosen past 10 years 55 new Senators are now return home every week. I meet with every second year by the people of the sitting in that august body down the people. And at the point, if I ever get several States.’’ hall, new Members of the United States to the point that I am not returning It is very clear in no uncertain Senate. home and I am not taking care of the terms. That is article I, section 2. I do Now, if I am a Member of Congress business of the people of the Fourth not understand how one can say they and if I am doing my job and I do ev- District of Louisiana, they have every are for term limits and not realize that erything that I am supposed to do as a right and the responsibility to go to term limits are already in the law. I Member of Congress, then the people of the polls and vote me out of office. think it is an insult to the average vot- Louisiana then make the decision as to Ms. JACKSON-LEE. If the gentleman er’s intelligence to tell a voter in whether or not I will return to Wash- would yield. America that they do not have a right ington, DC, as their Congressman. Mr. FIELDS of Louisiana. Be happy to select a candidate of their choice But for this Congress to tell people in to be yield to the gentlewoman. and we ought to have some self-im- Louisiana in the Fourth Congressional Ms. JACKSON-LEE. I respect my posed term limit. District that they do not have a right constituents and, you are very, very Well, I have decided to do something to send CLEO FIELDS to Congress or right, spend a great deal of time mak- tonight that I would hope that all of SHEILA JACKSON-LEE from Texas, irre- ing sure that I interact with the great my colleagues take heed to. For those spective of what kind of job perform- constituents of the Eighteenth Con- individuals who believe and truly be- ance she had for the past 2 years or 4 gressional District. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3875 But what I argue is that the real key not have all of these prohibitions and ing in the State of Texas, but the key to the Founding Fathers in terms of all of these complicated ways of reg- is that let us expand the places where the laymen Congress was the whole istering to vote, then we ought to people can register. Let us ensure that concept of responsibility and acces- make sure on election day every citi- our educational system has a real body sibility. I mean, that is what they zen is afforded that opportunity to go of instruction that deals with the Con- wanted to ensure when they designed to the polls and vote on election day, stitution and voter participation, and this format. And so that should be the and for example, and I will yield back how to access your elected officials. criteria by which you determine to the gentlewoman, in this past Presi- That is where I think the thrust should whether you have someone you want to dential election, only 35 percent or 37 go. return or someone that you do not percent of the people voted. On the av- Because one of the interesting things want to return. erage, the maximum we get is 50 per- that I think should be noted, and I With that in mind, the interaction cent of the people voting in America. share it with my constituents, and with one’s constituents is the term So if you really want to give the citi- might I add, I certainly welcome all limits in and of itself that will be de- zens of America more access, you cre- the representatives or constituents termined every 2 years by constituents ate laws that are conducive to giving that come in on issues to my office, saying to you, no, you have not done more access to exercise their constitu- that means the businesses that cer- what we have asked you to do. And, tional right, registering to vote and tainly have those prepared and paid in- therefore, I raise the question what is then actually exercising their right to dividuals that come in. I respect them. this false term limits, in essence? vote on election day. But I also recognize many times there Because there may be constituents We have four States, as the gentle- are constituents who are home in your who you have who say, I like the meth- woman knows, we have four States in od, the procedure, the way you are district who do not get to come to America right now that are refusing to Washington, DC. They do not get to doing your business but, more impor- implement the motor voter law, but tantly, the way you are representing make their voices heard by way of sit- yet we want a citizens’ legislature. ting in your offices in Washington, DC. us. And it would be a disservice to us if Well, afford every citizen in this coun- we did not get a chance to vote for you How do they get to be heard? One, try the opportunity to go and register you interact with them when you come or against you based upon our pleasure to vote in the least complicated format to the district and you better make or displeasure. possible, and then encourage them to sure that is a realistic and viable pat of We are putting in a false and imagi- go and vote on election day. Then what you do for your constituents. The nary buffer between the voting people, maybe we will see some differences in other way they inform you of their the voting public, citizens, owners of this Congress and in State legislatures voices is through the vote and through the Constitution, and their choice for across the country if we really want a the vote every 2 years, being able to who they would want to represent citizens’ legislature. vote for you or against you, not by an them. Let us have voter registration drives artificial term limits that comes in Mr. FIELDS of Louisiana. If the gen- in every housing facility in this coun- and intervenes between that citizen, tlewoman would yield. try, every public housing facility; when the purest sense of the word, going to She mentioned the laymen’s legisla- you register for section 8, you ought to ture and the citizens’ legislature, and I register to vote at the same time. Pub- the ballot box, not being told by inter- have heard those terms throughout the lic transportation ought to be an ele- vening law that they have the very night. But what I find, I find a fault ment of voter registration. Then we power in their hands to send you back with this argument of the citizens’ leg- ought to encourage people to go out from the great State of Louisiana or, if islature, laymen’s legislature which I and vote, and maybe we would change I am sent back from the great State of would think this legislature should be this Congress and more so-called citi- Texas, that is the key that I think that and every legislature should be. And if zens and laymen will be in the halls of we are missing when we engage our- it is not, then the people should make this body and other bodies across this selves in this very benign, in term lim- the decision as to how it should be, country. its of its meaning, but certainly very what it should be made of and who it Ms. JACKSON-LEE. I wish people devastating debate in terms of what it should be made of. would listen to the intent of the discus- does of interfering with the democratic But even States that passed term sion here, because one of the interest- process. limits, I find it hard to believe, let us ing points, and I think before we have Mr. FIELDS of Louisiana. Does the take, say, the State of California, had an opportunity to address the gentlewoman know that many of the passed term limits. And, by the same Speaker, is that we find out that this individuals who say they are pro- token, they talk about how they want issue is not one that falls along philo- ponents of term limits are some of the to give greater access to people and sophical lines or party lines. There is same, very individuals, who are on a then they are not implementing the bill to repeal motor voter? I mean, I motor voter law, for example. going to be a vigorous debate, because this is an issue that goes to the very just find it hard, and maybe, you know, b 2245 crux of the Constitution. maybe I do not have the wherewithal Giving access to people is by making This should not be labeled as a con- to understand it. I do not know. But I people a part of this process, and I find tract issue, Contract on America, with find it hard to understand a person it almost unfair to say we want to give America. I am not sure what the thrust standing in the well saying, ‘‘We want people more access to this process and of it is. to give voters greater access and we not try to make the voting process as You have got conservative Repub- want the voters to be able to have easy as possible, and the voter registra- licans and others who understand what more control of their Congress,’’ on one tion process as easy as possible, be- the Constitution is truly saying, and hand, and then on the other hand, turn cause if you really want a citizens’ leg- that is a representative body of govern- around and say, But we do not want islature, for example, then you should ment, in fact, a republic, and I always them to register to vote at a driver’s li- do everything you can to make sure remind my constituents when we say cense place, we do not want them to that citizens have access to the ballot. republic, we are not necessarily label- register to vote if they are on some You cannot have access to the ballot ing a party, Republican, Democratic. It kind of government subsidized pro- box in this country if you are not reg- is a form of government that is rep- gram, we do not want them to be able istered to vote. resentative. to register to vote as easy as they can So one of the elements of giving peo- What helps you be more representa- under the motor voter law, we do not ple access to the ballot box is by mak- tive than to encourage people to make want that at a time when the voting ing sure that we have voter registra- their choices to, as you have said, open participation is at an all-time low. It tion laws that afford every citizen the up the opportunities of registration? I seems like if we really want this Con- opportunity to partake in the voting am certainly a supporter and advocate gress to be more citizen-oriented, we process and then after we make sure of the motor vehicle legislation and ought to get more citizens involved in every citizen can register and we do working hard to ensure that it is work- the process by making sure they have H 3876 CONGRESSIONAL RECORD — HOUSE March 28, 1995 every opportunity to register to vote best Congresspersons in America as far or the contract is supposed to be com- and participate in the process. as I am concerned. And I would be in- plying with? I think another way we can deal with sulted if this Congress tells me I could But we are not going to really do an this problem of how we make sure in- not vote for SHEILA JACKSON-LEE be- honest review of term limits. We are cumbents are responsible, if that is the cause this Congress wanted to clean going to act like it, play around the whole problem with Congress and with the House out. That is my decision. edges of term limits. I want to be institutions, political institutions, and If I wanted to clear SHEILA JACKSON- forthright and honest about it. I truly the thing that we want to address, why LEE out of the House, then I would do believe it would be an intervening force not have stronger campaign finance re- it with my vote, and you cannot tell that would negate the activity of citi- form laws? You know, I would be for me and you cannot speak for me, be- zens to vote for persons of their choice. having very, very tough campaign fi- cause I am going to do that very well, But if we were to do it, then I think nance reform legislation where the av- and I am going to do it at the polls, retroactivity should be a viable part of erage citizen could, in fact, compete in and I think that is what this argument any legislation that comes, because an open election or in an election is all about. you hit it on the nail, hit the nail on against an incumbent. You know, I Are we going to let the people decide the head, you are saying this is the think we can do something in this Con- who sits in this body, or are we going 104th Congress. Well, the 104th Con- gress to make the playing field a little to pass a law saying, it is almost like gress would be telling the 105th and bit fairer as it relates to incumbent we have a reputation of doing this sort 106th and 107th individuals elected by versus challenger. I think that is real of stuff, three strikes and you are out, their constituents what to do on some- discussion. now we have three terms, you are out. thing which is so personal and strongly If we really want to give the average Everything is almost like a baseball meaningful as voting upon the person citizen, and I consider myself an aver- game here. I do not understand it. I am whom you would represent. age citizen, you know, for some reason speaking as a voter. I just do not want Let me lastly say to you, what is the or another, there is some thought that this Congress to tell me I cannot vote structure of Congress? Seniority. How people in Congress are not average citi- for a person that represents me well. do you help to enhance your constitu- zens. I mean, I wake up every morning, Ms. JACKSON-LEE. There are so I go to work, I go home very week and many points, if the gentleman would ents? Yes, we have done, as they say, work with constituents, and I do every- yield, that you hit upon that are so major tasks in just plain hard work, thing that the average people do. I very important. and I respect that. But I do not hear mean, I work hard. I try to make a dif- First of all, let me commend you for anyone trying to rid this system of a ference. the untiring manner in which you have seniority system that, in fact, requires But to give access to the so-called av- come to the House floor to speak about that Members at least have a 2-year erage citizen, Let us make this playing issues that take away from what we term to respond to some of the urgent field a little fairer. But you cannot do have come here for, and that is to en- needs of this American people. that by having a $50 dinner, you know, hance freedom. As we stand here and So I would like for it to be an honest because most Americans, the vast ma- debate and dialog with each other, debate. Campaign finance reform is not jority of Americans, cannot afford to Americans might be wondering, the even on the agenda at this time. The pay $50 to go to a dinner where the lateness of the hour, they might be issue of seniority that has not even funds will be put in some campaign cof- looking at the Chambers and they been raised, and then the question of fer to elect and reelect Members of the might be wondering, and I would sim- whether or not it is appropriate that if Congress. ply say that you are to be commended you talk about term limits in a honest I just find there is a conflict with for the commitment, because we are manner that you talk about retro- this whole argument of we are looking standing here to be able to educate the activity which means that my col- out for the average Joe Blow on the American people and certainly to re- leagues on the other side of the aisle street and we want the average Joe flect upon the great constituents that would immediately have to leave this Blow to be able to have access to this we represent. body, and I am sure they would not Congress, and we are tired off all of You talked about campaign finance mind it in their majority State because these career politicians taking over reform, and you might be puzzled about they truly believe in term limits. Congress. I think we really insult the that, because obviously that is not part Let us have a fair and open debate. intelligence of voters in this country. of the contract. That has not been part That is what I think is important. I want to speak now not as a Member of the 100-day session that we are in Mr. FIELDS of Louisiana. I agree of Congress. I want to speak now as a which should have been. That is a rea- with the gentlewoman. Congress is, I voter. I do not want this Congress tell- sonable response to ensuring that the mean, every 2 years we have to face the ing me that I cannot vote for somebody average fellow, if you will, can engage voters. I mean, I think we have the because they served two term limits. themselves in running for office with- most awesome term limits there is As a matter of fact, I just do not think out this enormous amount of dollars probably in public life, because most this Congress has a right to tell me that is very important, and then it is offices are 4 years. The U.S. Senate, for who to vote for, because that is basi- interesting that you had your pledge example, every 6 years, but the Con- cally what you are telling, who I can- card. You do not hear a lot of debate gress, every 2 years we must go and not vote for, so you are telling me who about retroactive term limits, because face voters. I cannot vote for and can vote for, be- if we are truly going to be pure, and I But let me ask the gentlewoman a cause if you are telling me I cannot am looking at an amendment that is question, because I have toyed with vote for this guy because he served two being raised by two Members, DINGELL this question for a while in my mind. If term limits, then you have limited my and PETERSON, that talks about if you I had to choose between a person who options. I just do not think this Con- are going to pass term limits, then could serve only one term, because gress, I, as a voter, do not think this make it retroactive, knock out, if you there is a term limit, and a person who Congress should tell me I cannot vote will, all of the Members at this imme- can serve as long as he is responsible for a person irrespective of how well diate time. You do not get serious de- and as long as the voters choose to go SHEILA JACKSON-LEE represented me, bate on that. to the polls and elect him or her, to and irrespective of how well SHEILA Mr. FIELDS of Louisiana. Half of the me, I would feel more frightened by JACKSON-LEE represented me in the Members proposing it would not be this person who has a term limit of one State of Texas; she got up every morn- able to serve tomorrow. term, for example. He knows and she ing, she is my kind of Representative, Ms. JACKSON-LEE. That is why I am knows in his or her, in their own she works hard, and when I call her, wondering, is this truly a realistic de- minds, that they cannot run for reelec- SHEILA JACKSON-LEE returns my call, bate and an honest debate with the tion, and you tell me, who do you and she has town hall meetings, and American people, or are we trying to think you would have the most trust she also goes into schools and she talks make, if you will, a coverup on what in, a person who will never have to to our children, and she is one of the actually we are supposed to be doing, come and ask for your vote again; we March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3877 elected this person, he goes to Wash- The most high honor that you can Mr. TIAHRT, for 5 minutes, today. ington, he never is going to have to ap- get from an individual is their con- Mr. FOX, for 5 minutes, today. pear on the ballot as a congressional fidence in voting for you. You take Mr. HILLEARY, for 5 minutes, today. candidate again. that away. You undermine the very Mr. INGLIS, of South Carolina, for 5 system of government, and you leave it minutes, today. b 2300 to reckless abandonment when you en- Mr. TATE, for 5 minutes, today. I got this other guy or lady who can sure that you have an artificial term- Mr. GRAHAM, for 5 minutes, today. run for reelection; and if they choose limiting process. Mr. RIGGS, for 5 minutes, today. to do so, of course, then they will ap- Mr. FIELDS of Louisiana. If the gen- Mr. DUNCAN, for 5 minutes, today. pear on the ballot. tlewoman would yield on this final Mr. FOLEY, for 5 minutes, today. Now I don’t know about you, but I point. Mr. METCALF, for 5 minutes, today. And I really think that what we do, just feel much more comfortable as a f we are saying, what we are saying to voter, not as a Member of Congress, as voters across America, we are actually EXTENSION OF REMARKS a voter. I feel much more comfortable reaching into every congressional dis- with voting for this guy where we have By unanimous consent, permission to trict, 435 congressional districts across revise and extend remarks was granted got this carrot, and if he does a good the country, and we are saying to peo- job, I am going to send you back. to: ple in those districts, you are too stu- (The following Members (at the re- That is what democracy is all about. pid to do what is right. You keep send- quest of Mr. LEWIS of Georgia) and to You do a good job, I am going to send ing the same people here time and time include extraneous matter:) you back there, and I am going to keep again. Mr. ENGEL. you there. Well, you know, to me that is an in- Mr. HASTINGS, in two instances. But this guy here, he knows that I sult to a voter’s intelligence. If they Mr. GORDON. know that he is not going to serve in say people served in this Congress x Mr. GIBBONS. Congress another day of his life. He number of years, it has only been be- Mrs. SCHROEDER. does not have to return my phone calls cause the people in that district evi- Mr. KLECZKA. because he does not need my vote. He dently wanted them to serve. Mr. LANTOS. does not have to do a good job. He can Ms. JACKSON-LEE. The choice is Mr. STOKES, in two instances. vote against everything that this dis- theirs. Mr. TRAFICANT. trict believes in. He does not have to Mr. FIELDS of Louisiana. I want to Mr. MILLER of California. hold one town hall meeting. thank the gentlewoman from Texas for Ms. PELOSI. Now you tell me, who do you feel, not joining me tonight in the special order. Mrs. MALONEY, in two instances. as a Congresswoman but as a voter, I thank the Speaker. Mr. RICHARDSON. who do you feel would be most rep- f resentative of your views? Mr. PAYNE of New Jersey, in two in- Ms. JACKSON-LEE. Well, as the gen- LEAVE OF ABSENCE stances. Mr. WILLIAMS. tleman from Louisiana well knows, it By unanimous consent, leave of ab- Mr. STARK. wasn’t too long ago when I was not sence was granted to: Mr. FILNER. standing here at the well and was that Mr. UNDERWOOD (at the request of Mr. MENENDEZ. citizen in my hometown. And I could Mr. GEPHARDT) for today and the bal- (The following Members (at the re- just see glaring headlines when you ance of the week, on account of official quest of Mr. INGLIS of South Carolina) were talking, government by reckless business. abandonment. and to include extraneous matter:) f Mr. WELLER. That is the fellow over there that has Mr. MCDADE. got a term, one 2-year term, does not SPECIAL ORDERS GRANTED Mr. SAM JOHNSON of Texas. have to worry about responding to any By unanimous consent, permission to Mr. SMITH of New Jersey. of the issues that his or her constitu- address the House, following the legis- Mr. ZIMMER. ents are concerned about, clearly ar- lative program and any special orders Mr. CRANE. ticulates views that are off the mark heretofore entered, was granted to: Mr. HOBSON. and off the margin, maybe his or her (The following Members (at the re- Mr. DICKEY. own personal views, does not have to quest of Mr. LEWIS of Georgia) to revise Mr. PACKARD. fight and go to the mat for the issues and extend their remarks and include Mr. QUINN. of that district, whether it be highways extraneous material:) Mr. CASTLE. or whether it deals with energy laws, Ms. KAPTUR, for 5 minutes, today. Mr. FOLEY. whether it deals with welfare, whether Mr. MFUME, for 5 minutes, today. Mr. EMERSON. it deals with business investment, Mr. DEFAZIO, for 5 minutes, today. Ms. MOLINARI. whether it deals with tax cuts or Mr. STUPAK, for 5 minutes, today. Mr. HOKE. whether it deals with bringing down Mr. POSHARD, for 5 minutes, today. Mr. ENGLISH of Pennsylvania. the deficit. (The following Members (at the re- Mr. CHAMBLISS. You had asked the question what he quest of Mr. INGLIS of South Carolina) Mr. SOLOMON in three instances. or she is doing. I would simply say to to revise and extend their remarks and (The following Members (at the re- you again, governing by reckless aban- include extraneous material:) quest of Ms. JACKSON-LEE) and to in- donment. It would be simply what they Mr. GOSS, for 5 minutes, today. clude extraneous matter:) would want to do. Mr. DORNAN, for 5 minutes each day, Mr. MARTINI. The fellow or the lady that is dealing today and on March 29. Mr. GILLMOR. with the fact that they have to present Mr. KINGSTON, for 5 minutes each Mr. PASTOR. themselves to the voters, they have to day, today and on March 29. stand up to the test, and voters can be Mr. FORBES, for 5 minutes, today. f as sharp and to the point on their is- Mr. SHAYS, for 5 minutes, on March ADJOURNMENT sues, do not sell any of those individ- 29. uals cheap or undermine their under- Mr. HANCOCK, for 5 minutes, today. Mr. FIELDS of Louisiana. Mr. Speak- standing. And they ask the hard ques- Mr. BRYANT of Tennessee, for 5 min- er, I move that the House do now ad- tions of where you have been over the utes, today. journ. last 2 years on the issue. And if you Mr. LATHAM, for 5 minutes, today. The motion was agreed to; accord- want their confidence, that is the ques- Mr. JONES, for 5 minutes, on March ingly (at 11 o’clock and 5 minutes tion. You are taking away voters giv- 29. p.m.), the House adjourned until ing an elected official the confidence of Mr. DAVIS, for 5 minutes, on March Wednesday, March 29, 1995, at 11 a.m. their vote. 29. H 3878 CONGRESSIONAL RECORD — HOUSE March 28, 1995 EXECUTIVE COMMUNICATIONS, section 1–233(c)(1); to the Committee on Gov- Gettysburg, July 2, 1863; to the Committee ETC. ernment Reform and Oversight. on National Security. 629. A letter from the Chairman, Council of By Mr. KASICH (for himself, Mr. AR- Under clause 2 of rule XXIV, execu- the District of Columbia, transmitting a CHER, and Mr. BLILEY): tive communications were taken from copy of D.C. Act 11–34, ‘‘Budget Implementa- H.R. 1327. A bill to provide tax relief to the Speaker’s table and referred as fol- tion Temporary Act of 1995,’’ to the Commit- strengthen the American family and create lows: tee on Government Reform and Oversight. jobs, to reduce Federal spending and the 618. A letter from the Acting Secretary, 630. A letter from the U.S. Agency for budget deficit, and for other purposes; to the Department of Agriculture, transmitting a International Development, transmitting a Committee on Ways and Means, and in addi- draft of proposed legislation to amend the report of activities under the Freedom of In- tion to the Committees on the Budget, Com- Federal Meat Inspection Act, the Poultry formation Act for calendar year 1994, pursu- merce, Government Reform and Oversight, Products Inspection Act, and the Egg Prod- ant to 5 U.S.C. 552(d); to the Committee on and Rules, for a period to be subsequently ucts Inspection Act to recover the full costs Government Reform and Oversight. determined by the Speaker, in each case for for Federal inspection of meat, poultry, and 631. A letter from the U.S. Office of Special consideration of such provisions as fall with- egg products performed at times other than Counsel, transmitting the 1994 annual report in the jurisdiction of the committee con- an approved primary shift; to the Committee in compliance with the Inspector General cerned. on Agriculture. Act Amendments of 1988, pursuant to Public By Mr. ENGLISH of Pennsylvania (for 619. A letter from the Secretary, Depart- Law 95–452, section 5(b) (102 Stat. 2526); to himself and Mr. DOYLE): ment of Energy, transmitting the annual re- the Committee on Government Reform and H.R. 1328. A bill to amend the Internal Rev- port on research and technology develop- Oversight. enue Code of 1986 to provide that no amount ment activities supporting defense waste 632. A letter from the Chairman, Penn- shall be includable in gross income by reason management and environmental restoration, sylvania Avenue Development Corporation, of participation in a State prepaid tuition pursuant to Public Law 101–189, section transmitting a draft of proposed legislation program; to the Committee on Ways and 3141(c)(1), (2) (103 Stat. 1680); to the Commit- to amend the Pennsylvania Avenue Develop- Means. tee on National Security. ment Corporation Act of 1972 to authorize By Mr. EVANS (for himself, Mr. 620. A letter from the Chairman, Federal appropriations for implementation of the de- GUTIERREZ, Mr. KENNEDY of Massa- Financial Institutions Examination Council, velopment plan for Pennsylvania Avenue be- chusetts, Ms. PELOSI, Mr. GENE transmitting the Council’s 1994 annual re- tween the Capitol and the White House, and GREEN of Texas, Mr. GEJDENSON, Mr. port, pursuant to 12 U.S.C. 3305; to the Com- for other purposes, pursuant to 31 U.S.C. FILNER, Mr. UNDERWOOD, Mr. mittee on Banking and Financial Services. 1110; to the Committee on Resources. DEFAZIO, Mr. COSTELLO, Mr. FROST, 633. A letter from the Director, Federal Bu- 621. A letter from the National Foundation Mr. DOYLE, Mr. SANDERS, Mr. JOHN- on the Arts and the Humanities, transmit- reau of Prisons, transmitting the Federal SON of South Dakota, Mr. FATTAH, ting the Federal Council on the Arts and the Bureau of Prisons annual report on func- Mr. BISHOP, and Mr. DELLUMS): Humanities’ 19th annual report on the Arts tional literary requirements for all individ- H.R. 1329. A bill to amend title 38, United and Artifacts Indemnity Program for fiscal uals in Federal correctional institutions, States Code, to extend the period of eligi- year, 1994, pursuant to 20 U.S.C. 959(c); to the pursuant to Public Law 101–647, section 2904 bility for inpatient care for veterans exposed Committee on Economic and Educational (104 Stat. 4914); to the Committee on the Ju- to toxic substances, radiation, or environ- Opportunities, diciary. mental hazards, to extend the period of eligi- 622. A letter from the Secretary, Depart- 634. A letter from the Secretary of Labor, bility for outpatient care for veterans ex- ment of Energy, transmitting notification transmitting the annual report on employ- posed to such substances or hazards during that the study to evaluate the legal, institu- ment and training programs for veterans service in the Persian Gulf, and to expand tional, and other constraints to connecting during program year 1992 (July 1, 1992 the eligibility of veterans exposed to toxic buildings owned and leased by the Federal through June 30, 1993) and fiscal year 1993 substances or radiation for outpatient care; Government to district heating and cooling (October 1, 1992 through September 30, 1993) to the Committee on Veterans’ Affairs. plants will be transmitted to Congress by the pursuant to 38 U.S.C. 2009(b); to the Commit- By Mr. HAYES (for himself, Mr. SHU- end of July 1995, pursuant to Public Law 102– tee on Veterans’ Affairs. STER, Mr. TAUZIN, Mr. YOUNG of Alas- 486, section 152(g)(2) (106 Stat. 2848); to the 635. A letter from the Secretary of the Committee on Commerce. Treasury, transmitting a report on the Sav- ka, Mr. EMERSON, Mr. PETE GEREN of 623. A letter from the Secretary of Energy, ings Bonds Program; to the Committee on Texas, Mr. SOLOMON, Mr. COSTELLO, transmitting a draft of proposed legislation Ways and Means. Mr. CLINGER, Ms. DANNER, Mr. BLUTE, to provide for the sale of oil from the Strate- Mr. LAUGHLIN, Mr. BATEMAN, Mr. gic Petroleum Reserve and the transfer of oil f PARKER, Mr. HUTCHINSON, Mr. KIM, from Weeks Island, and for other purposes; REPORTS OF COMMITTEES ON Mr. EWING, Mr. INGLIS of South Caro- to the Committee on Commerce. lina, Mr. DICKEY, Mr. ENGLISH of PUBLIC BILLS AND RESOLUTIONS 624. A letter from the Director, Defense Se- Pennsylvania, Mr. BREWSTER, Mr. curity Assistance Agency, transmitting noti- Under clause 2 of rule XIII, reports of MICA, Mr. FIELDS of Texas, Mr. fication concerning the Department of the committees were delivered to the Clerk COBLE, Mr. DUNCAN, Mr. DOOLITTLE, Army’s proposed Letter(s) of Offer and Ac- for printing and reference to the proper Mrs. FOWLER, Mr. HANSEN, Mr. CAL- ceptance [LOA] to Egypt for defense articles calendar, as follows: VERT, Mr. LATHAM, Mr. POMBO, Mrs. and services (Transmittal No. 95–13), pursu- CUBIN, Mr. JONES, Mrs. LINCOLN, Mr. ant to 22 U.S.C. 2776(b); to the Committee on Mr. MCCOLLUM: Committee on the Judici- TAYLOR of North Carolina, Mr. International Relations. ary. H.R. 1240. A bill to combat crime by en- SHADEGG, Mrs. CHENOWETH, Mr. 625. A letter from the Assistant Legal Ad- hancing the penalties for certain sexual DELAY, Mr. POSHARD, Mr. BAKER of viser for Treaty Affairs, Department of crimes against children; with an amendment Louisiana, Mr. WAMP, Mr. LIVING- State, transmitting copies of international (Rept. 104–90). Referred to the Committee of STON, Mr. CLEMENT, Mr. PACKARD, agreements, other than treaties, entered into the Whole House on the State of the Union. Mr. LEWIS of California, Mr. LAHOOD, by the United States, pursuant to 1 U.S.C. Mr. CANADY: Committee on the Judici- Mr. DEAL of Georgia, Mr. QUINN, and 112b(a); to the Committee on International ary. H.R. 660. A bill to amend the Fair Hous- Mr. GALLEGLY): Relations. ing Act to modify the exemption from cer- H.R. 1330. A bill to amend the Federal 626. A letter from the Assistant Secretary tain familial status discrimination prohibi- Water Pollution Control Act to establish a for Legislative Affairs, Department of State, tions granted to housing for older persons; comprehensive program for conserving and transmitting the Secretary’s Memorandum with an amendment (Rept. 104–91). Referred managing wetlands in the United States, and of Justification under section 610 of the For- to the Committee of the Whole House on the for other purposes; to the Committee on eign Assistance Act to support Baltic peace- State of the Union. Transportation and Infrastructure. keeping; to the Committee on International f By Ms. FURSE (for herself, Mr. HAST- Relations. INGS of Florida, Mr. MANTON, Mr. 627. A letter from the Chairman, Council of PUBLIC BILLS AND RESOLUTIONS RICHARDSON, Mr. BEILENSON, Mr. the District of Columbia, transmitting a Under clause 5 of rule X and clause 4 YATES, Mr. WYDEN, Mr. DICKS, Mr. copy of D.C. Act 11–31, ‘‘Advisory Neighbor- of rule XXII, public bills and resolu- DEFAZIO, Ms. WOOLSEY, Mr. VENTO, hood Commission Special Election Repeal Ms. NORTON, Ms. MCKINNEY, Mr. Temporary Amendment Act of 1995,’’ pursu- tions were introduced and severally re- HINCHEY, Mr. MORAN, Mr. SANDERS, ant to D.C. Code, section 1–233(c)(1); to the ferred as follows: Mr. STUDDS, Mr. BARRETT of Wiscon- Committee on Government Reform and By Mr. ENGLISH of Pennsylvania: sin, Mr. PORTER, Ms. ESHOO, Mr. Oversight. H.R. 1326. A bill to authorize and request EVANS, Ms. VELA´ ZQUEZ, Mr. MILLER 628. A letter from the Chairman, Council of the President to award the Congressional of California, Mr. SERRANO, Ms. ROY- the District of Columbia, transmitting a Medal of Honor posthumously to Bvt. Brig. BAL-ALLARD, Mr. GILCHREST, Mr. copy of D.C. Act 11–32, ‘‘Technical Amend- Gen. Strong Vincent for his actions in the FROST, Mr. BRYANT of Texas, Ms. ments Act of 1995,’’ pursuant to D.C. Code, defense of Little Round Top at the Battle of RIVERS, Mr. CONYERS, Mr. MARKEY, March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3879 Ms. SLAUGHTER, Mr. ENGLISH of under State Medicaid plans; to the Commit- ADDITIONAL SPONSORS Pennsylvania, Mr. DELLUMS, Mr. tee on Commerce. TRAFICANT, Ms. PELOSI, Mr. GIBBONS, By Mrs. SMITH of Washington: Under clause 4 of rule XXII, sponsors Mr. WISE, Mrs. MEEK of Florida, Mr. H.R. 1340. A bill to modify the project for were added to public bills and resolu- RUSH, Ms. LOFGREN, Mr. JACOBS, Mr. Bonneville Lock and Dam, Columbia River, tions as follows: TAYLOR of Mississippi, Mr. BROWN of OR and Washington; to the Committee on H.R. 42: Mr. BONO, Mr. OBERSTAR, Ms. ROS- California, Mrs. MORELLA, Mr. ROSE, Transportation and Infrastructure. LEHTINEN, and Mr. HASTINGS of Florida. Mr. RANGEL, Mrs. LOWEY, Mr. By Mr. STROKES (for himself, Mr. H.R. 70: Mr. HALL of Texas and Mr. FAZIO MCDERMOTT, Mr. OLVER, Mr. FARR, PAYNE of New Jersey, Mr. MFUME, of California. Mr. PALLONE, Mr. THOMPSON, and Mr. Mr. CONYERS, Mr. DELLUMS, Mr. H.R. 120: Mr. MCKEON and Mr. MFUME. LYBURN C ): OWENS, Mrs. COLLINS of Illinois, Mr. H.R. 218: Mr. STUMP. H.R. 1331. A bill to amend the Watershed DIXON, Mr. CLAY, Mr. TUCKER, Mrs. H.R. 224: Mrs. CHENOWETH, Mr. BONO, Mr. Protection and Flood Prevention Act to es- CLAYTON, Ms. EDDIE BERNICE JOHNSON CALVERT, Mr. DORNAN, Mr. ZELIFF, and Mr. tablish a waterways restoration program, of Texas, Mr. RANGEL, Mr. TOWNS, LIVINGSTON. and for other purposes; to the Committee on Mr. WYNN, Mr. SCOTT, Mr. BISHOP, H.R. 264: Mr. BROWN of California. Agriculture, and in addition to the Commit- Mr. FRAZER, Mr. HASTINGS of Florida, H.R. 359: Mrs. MINK of Hawaii, Mr. tees on Resources, and Transportation and Mrs. MEEK of Florida Mr. WATT of SCARBOROUGH, and Mr. DELLUMS. Infrastructure, for a period to be subse- North Carolina, Mr. CLYBURN, Ms. H.R. 558: Mr. BENTSEN. quently determined by the Speaker, in each BROWN of Florida, Mr. LEWIS of Geor- case for consideration of such provisions as H.R. 559: Mr. KLECZKA, Mr. LAFALCE, and gia, Ms. WATERS, Mr. JEFFERSON, Mr. fall within the jurisdiction of the committee Mr. OLVER. FIELDS of Louisiana, Mr. FATTAH, Ms. concerned. H.R. 580: Mr. BOUCHER, Mr. VOLKMER, Mrs. JACKSON-LEE, Mr. FORD, Ms. MCKIN- By Mr. GALLEGLY (for himself and MEEK of Florida, Mr. SKEEN, Mr. NEY, Mr. NEY, Ms. NORTON, Mr. HILLIARD, Mr. Mr. FALEOMAVAEGA): MCHUGH, Mr. THORNBERRY, Mr. PICKETT, Mr. H.R. 1332. A bill to establish certain poli- FLAKE, Mr. RUSH, Mr. THOMPSON, Mr. ACKERMAN, Mr. SCHIFF, Mr. STUMP, Mr. SHU- cies and responsibilities with respect to the REYNOLDS, and Miss COLLINS of STER, Mr. CANADY, and Mr. CHAPMAN. administration of the Rongelop resettlement Michigan): H.R. 586: Mr. ENGEL. trust fund, and for other purposes; to the H.R. 1341. A bill to amend the Public H.R. 653: Mrs. LOWEY, Mr. GILMAN, and Committee on Resources. Health Service Act to provide authorizations Mrs. KELLY. By Mr. MINGE (for himself, Mr. KLUG, of appropriations for programs relating to H.R. 655: Mr. BAKER of California. Mr. SHAYS, Mr. CASTLE, Mr. MCHALE, the health of individuals who are from dis- H.R. 660: Mr. SMITH of New Jersey, Mr. Mr. DICKEY, Mrs. WALDHOLTZ, and advantaged backgrounds, including individ- LINDER, Mr. STUMP, and Mrs. SMITH of Wash- Mr. DEAL of Georgia): uals who are members of racial or ethnic mi- ington. H.R. 1333. A bill to require that excess nority groups; to the Committee on Com- H.R. 682: Mr. INGLIS of South Carolina, Mr. funds provided for official allowances of merce. SPRATT, Mr. FROST, and Mr. HILLIARD. Members of the House of Representatives be By Mr. YOUNG of Alaska: H.R. 709: Mr. JEFFERSON and Mr. NADLER. dedicated to deficit reduction; to the Com- H.R. 1342. A bill to provide for conveyances H.R. 789: Mrs. MEYERS of Kansas, Mrs. mittee on House Oversight. of certain lands within Cook Inlet Region, MORELLA, Mr. PASTOR, Mr. EHRLICH, Mr. By Ms. MOLINARI (for herself, Mr. AK, for reconveyance to village corporations MCHALE, and Mr. BARCIA. CALVERT, Mr. KING, Mr. MCHUGH, Mr. under the Alaska Native Claims Settlement H.R. 795: Mr. LAHOOD and Mr. LARGENT. PAXON, Mr. SKEEN, and Mr. Act; to the Committee on Resources. H.R. 843: Mr. ZIMMER. UNDERWOOD): By Mr. BILIRAKIS (for himself, Mrs. H.R. 860: Mr. ZELIFF. H.R. 1334. A bill to amend title XIX of the MALONEY, Mr. GEKAS, Mr. ZIMMER, H.R. 878: Mr. SCHUMER, Mr. FROST, Mr. Social Security Act to provide a financial in- Mr. ENGEL, and Mr. KLINK): DOYLE, Mr. GENE GREEN of Texas, Mr. centive for States to reduce expenditures H. Con. Res. 50. Concurrent resolution con- MCHUGH, Ms. MOLINARI, Mr. BROWN of Ohio, under the Medicaid Program, and for other cerning the protection and continued liveli- Mr. BISHOP, and Mrs. LOWEY. purposes; to the Committee on Commerce. hood of the Eastern Orthodox Ecumenical H.R. 1018: Mr. EMERSON and Mr. EWING. By Mr. MOLLOHAN: Patriarchate; to the Committee on Inter- H.R. 1023: Mr. BISHOP and Mr. DELLUMS. H.R. 1335. A bill to provide for the exten- national Relations. H.R. 1024: Mr. BROWNBACK, Mr. MCINTOSH, sion of a hydroelectric project located in the By Mr. COX: and Mr. KIM. State of West Virginia; to the Committee on H. Con. Res. 51. Concurrent resolution ex- H.R. 1029: Mrs. FOWLER, Mr. UPTON, and Commerce. pressing the sense of the Congress relating to Mr. HILLIARD. By Mr. MONTGOMERY: the removal of Russian troops from H.R. 1077: Mrs. WALDHOLTZ. H.R. 1336. A bill to suspend through Sep- Kaliningrad; to the Committee on Inter- H.R. 1085: Mr. GORDON. tember 30, 1995, the duty on certain textile national Relations. H.R. 1103: Mrs. CLAYTON, Mr. MCHUGH, Mr. manufacturing machinery; to the Committee By Mr. ROHRABACHER: HERGER, Mr. HASTINGS of Washington, and on Ways and Means. H. Con. Res. 52. Concurrent resolution ex- Mr. JONES. By Mr. PASTOR (for himself, Mr. COLE- pressing the sense of the Congress regarding H.R. 1111: Mr. MCINTOSH and Mr. SMITH of MAN, and Mr. BRYANT of Texas): the visit of the Prime Minister of New Zea- Texas. H.R. 1337. A bill to amend the Federal land, the Hon. James Bolger; to the Commit- H.R. 1118: Mr. SMITH of Texas, Mr. Water Pollution Control Act to authorize ap- tee on International Relations. CUNNINGHAM, Mr. COLLINS of Georgia, Mr. propriations in each of fiscal years 1996 RIGGS, Mr. PETRI, and Mr. GENE GREEN of through 1998 for the construction of f Texas. wastewater treatment facilities to serve H.R. 1142: Mr. CHRISTENSEN and Mr. United States Colonias and to provide water MEMORIALS LATOURETTE. pollution control in the vicinity of the inter- H.R. 1143: Mr. BRYANT of Tennessee and Mr. national boundary between the United Under clause 4 of rule XXII. CANADY. States and Mexico; to the Committee on 28. The SPEAKER presented a memorial of H.R. 1144: Mr. CANADY. Transportation and Infrastructure. the House of Representatives of the State of H.R. 1147: Mr. EVANS, Mr. DURBIN, Mr. By Mr. PASTOR (for himself, Mr. Maine, relative to memoralizing the Con- FRANK of Massachusetts, Ms. MCKINNEY, Mr. FILNER Mr. COLEMAN, and Mr. BRY- gress and the President of the United States UNDERWOOD, Mr. LIPINSKI, Mrs. SCHROEDER, ANT of Texas): to suspend the July 26, 1995, deadline for Mr. STARK, and Mr. WOLF. H.R. 1338. A bill to amend the Federal sanctions against the State of Maine under H.R. 1170: Mr. HANCOCK, Mr. BAKER of Lou- Water Pollution Control Act to authorize ap- the Federal Clean Air Act Amendments of isiana, and Mrs. CHENOWETH. propriations in each of fiscal years 1996—2001 1990; to the Committee on Commerce. H.R. 1176: Mrs. FOWLER, Mr. LAHOOD, Mr. for the construction of wastewater treat- BASS, Mr. STUMP, Mr. PACKARD, Mr. ment works to provide water pollution con- f CHRISTENSEN, Mr. BURR, Mr. RAMSTAD, Mr. trol in or near the United States—Mexico ARMEY, Mr. BLILEY, Mr. KLUG, Mr. SENSEN- border area; to the Committee on Transpor- PRIVATE BILLS AND BRENNER, Mr. ISTOOK, Mr. HALL of Texas, Mr. tation and Infrastructure. RESOLUTIONS HERGER, Mr. GOSS, Mr. CANADY, Mr. By Mr. RICHARDSON (for himself, Ms. THORNBERRY, Mr. BILBRAY, Mr. DREIER, Mr. ESHOO, Mr. FROST, Mr. MCHALE, Ms. Under clause I of rule XXII. LIVINGSTON, Mr. BAKER of California, Mr. RIVERS, Mr. VENTO, Mr. MINGE, Ms. Mr. GOSS introduced a bill (H.R. 1343) to BACHUS, Mr. BATEMAN, Mr. SKEEN, and Mr. LOWEY, Ms. PELOSI, Mr. LOFGREN, and authorize the Secretary of Transportation to WICKER. Mr. DELLUMS): issue a certificate of documentation with ap- H.R. 1229: Mr. MORAN, Mr. LIPINSKI, Mr. H.R. 1339. A bill to amend title XIX of the propriate endorsement for employment in FILNER, and Mr. FOX. Social Security Act to provide for manda- the coastwise trade for the vessel Beula Lee; H.R. 1232: Mr. CRAPO, Mr. COOLEY, and Mr. tory coverage of services furnished by nurse which was referred to the Committee on HAYWORTH. practitioners and clinical nurse specialists Transportation and Infrastructure. H.R. 1274: Mr. SAXTON and Ms. FURSE. H 3880 CONGRESSIONAL RECORD — HOUSE March 28, 1995

H.R. 1300: Mr. FRISA, Ms. MOLINARI, Mr. an OMB certification made during 1995 that section 221(b) shall not apply to contracts is- WHITFIELD, and Mr. JONES. the budget of the United States will be in sued after the calendar year in which the H.R. 1318: Mr. HANCOCK. balance by fiscal year 2002 based upon esti- first failed deficit reduction year ends. H.J. Res. 3: Mr. HANCOCK. mates of enacted legislation, including the H.J. Res. 48: Mr. GUTKNECHT. amendments made by this Act. H.R. 1215 H.J. Res. 61: Mr. GOODLATTE. (d) SPECIAL RULES.— OFERRED BY: MR. ORTON H.J. Res. 70: Mr. CLYBURN, Mr. HILLIARD, (1) CAPITAL GAINS; INDEXING; NEUTRAL COST Mr. GENE GREEN of Texas, Mr. BENTSEN, Mr. RECOVERY.—Any reference in subtitle A or B AMENDMENT NO. 2: At the end of title I of OWENS, Ms. RIVERS, Mr. MCDERMOTT, Mrs. of title III (or in any amendment made by the bill insert the following new sections MEEK of Florida, Ms. NORTON, Mr. WILSON, such subtitles) to December 31, 1994, or Janu- (and conform the table of contents accord- and Mr. KENNEDY of Massachusetts. ary 1, 1995, shall be treated as a reference to ingly): H.J. Res. 76: Mr. TORKILDSEN, Mr. WHITE, the day preceding and the day on which, re- Mr. WHITFIELD, Ms. FURSE, Mr. HANCOCK, and SEC. 105. CERTAIN RETIREMENT PLANS AUTHOR- Mr. HOKE. spectively, the certification referred to in IZED TO MAKE EQUITY INVEST- H.J. Res. 79: Mr. EDWARDS. subsection (b)(1) is made. MENTS IN PRINCIPAL RESIDENCES H. Con. Res. 12: Mr. MORAN, Mr. ENGEL, and (2) LESSOR IMPROVEMENTS; MINIMUM TAX.— FOR FIRST-TIME HOMEBUYERS. Mr. PARKER. Any reference in section 322 or 331 of this Act (a) EXEMPTION FROM PROHIBITED TRANS- H. Con. Res. 19: Mr. SENSENBRENNER. (or in any amendment made by such sec- ACTION RULES.—Section 4975 (relating to tax H. Con. Res. 45: Mr. WATTS of Oklahoma, tions) to March 13 or March 14, 1995, shall be on prohibited transactions) is amended by Mr. FOX, Mr. THOMPSON, Mr. TORKILDSEN, treated as a reference to the day preceding redesignating subsections (h) and (i) as sub- and Mr. HALL of Texas. and the day on which, respectively, the cer- sections (i) and (j), respectively, and by in- H. Res. 59: Mr. SABO, Mr. LEVIN, Mr. LEWIS tification referred to in subsection (b)(1) is serting after subsection (g) the following new of Georgia, and Mr. MARKEY. made. subsection: f (e) TECHNICAL CORRECTIONS.—This section ‘‘(h) SPECIAL RULE FOR HOME EQUITY PAR- PETITIONS, ETC. and section 3 shall not apply to title VI and TICIPATION ARRANGEMENTS.— the amendments made by such title. Under clause 1 of rule XXII, petitions ‘‘(1) IN GENERAL.—The prohibitions pro- SEC. 3. TERMINATION OF TAX BENEFITS IF FED- vided in subsection (c) shall not apply to any and papers were laid on the Clerk’s ERAL BUDGET DEFICIT REDUCTION desk and referred as follows: qualified home equity participation arrange- TARGETS ARE NOT MET. ment. (a) NO CREDITS, DEDUCTIONS, EXCLUSIONS, 4. The SPEAKER presented a petition of ‘‘(2) QUALIFIED HOME EQUITY PARTICIPATION the mayor of the city of DeRidder, LA, rel- PREFERENTIAL RATE OF TAX, ETC.—No tax ative to a petition for damages filed by two ARRANGEMENT.—For purposes of this sub- benefit provided by any provision of the In- section— residents of Beauregard Parish; which was ternal Revenue Code of 1986 added by this ‘‘(A) IN GENERAL.—The term ‘qualified referred to the Committee on the Judiciary. Act shall apply to any taxable year begin- home equity participation arrangement’ f ning after the calendar year in which the means an arrangement— first failed deficit reduction year ends. AMENDMENTS ‘‘(i) under which the trustee of an individ- (b) FIRST FAILED DEFICIT REDUCTION Under clause 6 of rule XXIII, pro- ual retirement plan, at the direction of the YEAR.—For purposes of this section, the posed amendments were submitted as eligible participant, shall acquire an owner- term ‘‘first failed deficit reduction year’’ follows: ship interest in any dwelling unit which means the first year (beginning after the ear- H.R. 1215 within a reasonable period of time (deter- liest date on which any amendment made by mined at the time the arrangement is exe- OFFERED BY: MR. BROWDER this Act takes effect) with respect to which cuted) is to be used as the principal residence AMENDMENT NO. 1: After section 1 of the there is an OMB certification during the 3- bill insert the following new sections (and month period after the close of such fiscal for a first-time homebuyer, and conform the table of contents accordingly): year that the actual deficit in the budget of ‘‘(ii) which meets the requirements of sub- SEC. 2. EFFECTIVE DATES DELAYED UNTIL FED- paragraph (B) of this paragraph. ERAL BUDGET PROJECTED TO BE IN the United States for such fiscal year was greater than the deficit target for such fiscal ‘‘(B) OWNERSHIP INTEREST REQUIREMENT.— BALANCE. An arrangement shall meet the requirements (a) IN GENERAL.—Notwithstanding any year specified in the following table: of this subparagraph if the ownership inter- other provision of this Act and any amend- ‘‘In the case of fiscal The deficit target (in ment made by this Act, except as otherwise est described in subparagraph (A)— year: billions) is: ‘‘(i) is a fee interest in such property (and, provided in this section— 1996 ...... $150 (1) any reference in this Act (or in any 1997 ...... 125 in the case of an arrangement which is not amendment made by this Act) to 1995 (other 1998 ...... 100 otherwise at arm’s length, the trustee’s fee than to the short title of this Act) shall be 1999 ...... 75 interest would be reasonable in an arm’s treated as a reference to the calendar year 2000 ...... 50 length arrangement), ending in the first successful deficit reduc- 2001 ...... 25 ‘‘(ii) by its terms requires repayment in tion year, 2002 or thereafter ...... 0. full upon the sale or other transfer of the (2) any reference in this Act (or in any amendment made by this Act) to any later (c) NO RECOVERY OF FOREGONE COST-OF- dwelling unit, and calendar year shall be treated as a reference LIVING ADJUSTMENT.—Any change in the ‘‘(iii) may not be used as security for any to the calendar year which is the same num- gross domestic product deflator or the loan secured by any interest in the dwelling ber of years after such first calendar year as Consumer Price Index which would (but for unit. such later year is after 1995, this section) be taken into account under ‘‘(3) DEFINITIONS.—For purposes of this sub- (3) any reference in this Act to the date of any amendment made by this Act for any pe- section— the enactment of this Act shall be treated as riod shall be reduced by the portion of such ‘‘(A) ELIGIBLE PARTICIPANT.—The term ‘eli- a reference to the date of the certification change attributable to any calendar year be- gible participant’ means an individual on referred to in subsection (b)(1), and ginning after the first failed deficit reduc- whose behalf an individual retirement plan (4) any reference to the base year for any adjustment based on a change in the gross tion year. is established. domestic product deflator or the Consumer (d) PHASEIN OF BENEFITS SUSPENDED.—For ‘‘(B) FIRST-TIME HOMEBUYER.—The term Price Index shall be treated as a reference to purposes of applying sections 86(a)(3), ‘first-time homebuyer’ means an individual the calendar year preceding the calendar 1979(b)(1), and 2010(c)(1) of the Internal Reve- who— year referred to in paragraph (1). nue Code of 1986 (as added by this Act) and ‘‘(i) is an eligible participant or qualified (b) FIRST SUCCESSFUL DEFICIT REDUCTION section 203(f)(8)(b)(D) of Social Security Act family member, and YEAR.—For purposes of this section and sec- (as added by this Act), in lieu of applying ‘‘(ii) had (and if married, such individual’s tion 3— subsection (a), the level of benefit under spouse had) no present ownership interest in (1) IN GENERAL.—The term ‘‘first successful each such section with respect to the cal- a principal residence at any time during the deficit reduction year’’ means the first fiscal year beginning after the date of the enact- endar year in which the first failed deficit 36-month period before the date of the ar- ment of this Act with respect to which there reduction year ends shall apply with respect rangement. is an OMB certification before the beginning to all succeeding calendar years. ‘‘(C) QUALIFIED FAMILY MEMBER.—The term of such fiscal year that the budget of the (e) RESTORATION OF TERMINATED MINIMUM ‘qualified family member’ means a child (as United States will be in balance by fiscal TAX PROVISIONS.—If any tax benefit does not defined in section 151(c)(3)), parent, or grand- year 2002 based upon estimates of enacted apply to any taxable year by reason of sub- parent of the eligible participant (or such legislation, including the amendments made section (a), the provisions of subpart G of participant’s spouse). Section 152(b)(2) shall by this Act. part IV, and part VI, of subchapter A of apply in determining if an individual is a (2) OMB CERTIFICATION.—The term ‘‘OMB certification’’ means a written certification chapter 1 of the Internal Revenue Code of parent or grandparent of an eligible partici- by the Director of the Office of Management 1986 as in effect on the day before the date of pant (or such participant’s spouse). and Budget to the President and the Con- the enactment of this Act shall apply to such ‘‘(D) ACQUISITION; ETC.— gress. taxable year. ‘‘(i) ACQUISITION.—The term ‘acquisition’ (c) CERTIFICATION DURING 1995.—Sub- (f) INSURANCE RESERVES.—In lieu of apply- includes construction, reconstruction, and sections (a) and (d) shall not apply if there is ing subsection (a), the amendment made by improvement related to such acquisition. March 28, 1995 CONGRESSIONAL RECORD — HOUSE H 3881

‘‘(ii) ACQUISITION COST.—The term ‘acquisi- reasonable period of time (determined at the ‘‘(ii) ACQUISITION.—The term ‘acquisition’ tion cost’ has the meaning given such term time the loan is made) is to be used as the has the meaning given such term by section by section 143(k)(3). principal residence for a first-time home- 4975(h)(3)(D)(i). ‘‘(E) PRINCIPAL RESIDENCE.—The term buyer, ‘‘(iii) PRINCIPAL RESIDENCE.—The term ‘principal residence’ has the same meaning ‘‘(iii) which by its terms requires repay- ‘principal residence’ has the same meaning as when used in section 1034.’’. ment in full not later than the earlier of— as when used in section 1034. (b) EFFECTIVE DATE.—The amendment ‘‘(I) the date which is 15 years after the ‘‘(iv) DATE OF ACQUISITION.—The term ‘date made by this section shall apply to arrange- date of acquisition of the dwelling unit, or of acquisition’ means the date— ments entered into after the date of the en- ‘‘(II) the date of the sale or other transfer ‘‘(I) on which a binding contract to acquire actment of this Act. of the dwelling unit, the principal residence to which subpara- SEC. 106. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME ‘‘(iv) which by its terms treats any amount graph (B) applies is entered into, or HOMEBUYERS. remaining unpaid in the taxable year begin- ‘‘(II) on which construction, reconstruc- (a) INDIVIDUAL RETIREMENT PLANS.—Sec- ning after the period described in clause (iii) tion, or improvement of such a principal res- tion 408(e) (relating to tax treatment of ac- as distributed in such taxable year to the in- idence is commenced.’’. counts and annuities) is amended by adding dividual on whose behalf such plan is estab- (b) PROHIBITED TRANSACTION.—Section at the end thereof the following new para- lished and subject to section 72(t)(1), and 4975(d) (relating to exemptions from tax on graph: ‘‘(v) which bears interest from the date of prohibited transactions) is amended by strik- ‘‘(7) LOANS USED TO PURCHASE A HOME FOR the loan at a rate not less than 2 percentage ing ‘‘or’’ at the end of paragraph (14), by FIRST-TIME HOMEBUYERS.— points below, and not more than 2 percent- striking the period at the end of paragraph ‘‘(A) IN GENERAL.—Paragraph (3) shall not age points above, the rate for comparable (15) and inserting ‘‘; or’’, and by inserting apply to any qualified home purchase loan United States Treasury obligations on such after paragraph (15) the following new para- made by an individual retirement plan. date. graph: ‘‘(B) QUALIFIED HOME PURCHASE LOAN.—For ‘‘(16) any loan that is a qualified home pur- purposes of this paragraph, the term ‘quali- Nothing in this paragraph shall be construed chase loan (as defined in section fied home purchase loan’ means a loan— to require such a loan to be secured by the ‘‘(i) made by the trustee of an individual dwelling unit. 408(e)(7)(B)).’’. retirement plan at the direction of the indi- ‘‘(C) DEFINITIONS.—For purposes of this (c) EFFECTIVE DATE.—The amendments vidual on whose behalf such plan is estab- paragraph— made by this section shall apply to loans lished, ‘‘(i) FIRST-TIME HOMEBUYER.—The term made after the date of the enactment of this ‘‘(ii) the proceeds of which are used for the ‘first-time homebuyer’ has the meaning Act. acquisition of a dwelling unit which within a given such term by section 4975(h)(3)(B). E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, MARCH 28, 1995 No. 57 Senate (Legislative day of Monday, March 27, 1995)

The Senate met at 9 a.m., on the ex- RECOGNITION OF THE ACTING wonderful organization—and thank piration of the recess, and was called to MAJORITY LEADER God there is such an organization with order by the President pro tempore The PRESIDENT pro tempore. The a strong voice for children—has issued [Mr. THURMOND]. acting majority leader is recognized. a report, ‘‘The State of America’s Chil- SCHEDULE dren.’’ PRAYER Mr. DOMENICI. Mr. President, this I would, for my State of Minnesota, morning the leader time has been re- like to release some statistics from The Chaplain, the Reverend John served and there will be a period for this report on the floor of the Senate Lloyd Ogilvie, D.D., offered the fol- morning business until the hour of 10 and then I would like to talk about lowing prayer: a.m., with Senators permitted to speak what these statistics mean in personal Let us pray: for up to 5 minutes each, with the ex- terms for my State and for the politics Trust in the Lord with all your heart, ception of the following: Senators of the country for this Congress. and lean not on your own understanding; DOMENICI and BIDEN, 5 minutes each, Minnesota’s children at risk—this re- in all your ways acknowledge Him, and Senator COVERDELL for up to 15 min- port was issued today by the Children’s He shall direct your paths—Proverbs 3:5– utes, and Senator THOMAS for up to 35 Defense Fund: 60,615 children lacked 6. minutes. health insurance in the years 1989 to Lord, what You desire from us You At the hour of 10 a.m., the Senate 1991—over 60,000 children lacking inspire in us. You use whom You will begin consideration of S. 219, the health insurance; 27,462 reported cases choose; You provide for what You moratorium bill. Amendments are ex- of child abuse and neglect, 1992—27,462 guide; You are working Your purposes pected to the bill. Therefore, Senators reported cases; 116 young men died by out and know what You are about. We should be aware that rollcall votes are violence, 1991; 48 children were killed trust You with all our hearts. Infuse us possible throughout today’s session. by guns, 1992. with Your spirit and use us. Also, the Senate will stand in recess Only 71.4 percent of 2-year-olds were fully immunized, 1990—30 percent of We praise You for the challenges of between the hours of 12:30 and 2:15 for children not fully immunized. This is this day that will force us to depend the weekly party luncheons to occur. my State of Minnesota and, in my more on You. Knowing that You never f humble opinion, that is the greatest forget us, help us never to forget to ask MORNING BUSINESS State in the country; 35 percent of 4th for Your help. Set us free of any wor- The PRESIDING OFFICER (Mr. grade public school students lacked ries that would break our concentra- DEWINE). Under the previous order, basic reading proficiency, 1992. tion on the work You have given us to there will now be a period for the do today. We entrust to Your care our Those are Minnesota’s children at transaction of morning business not to risk. loved ones and friends, those who are extend beyond the hour of 10 a.m., with ill or confronting difficulties. And Mr. President, on the back of this re- Senators permitted to speak therein port released today by the Children’s Lord, help us to be sensitive to the for not to exceed 5 minutes. needs of people with whom we work Defense Fund, there are the following The Senator from New Mexico [Mr. statistics, which I have read on the today. Let us take no one for granted DOMENICI] is recognized to speak for up assuming that a polished exterior is floor of the Senate before, but this is a to 5 minutes. new report, new data: the result of a peaceful interior. So en- Mr. DOMENICI. I thank the Chair. Every day in America, three children able us to be to others what You have (The remarks of Mr. DOMENICI and die from child abuse. been to us. Help us to live this day as Mr. WELLSTONE pertaining to the intro- if it were the only day we had left. So duction of S. 632 are located in today’s Every day in America, 15 children die from guns. if there is any kindness we can show, RECORD under ‘‘Statements on Intro- and affirmation we can give, any care duced Bills and Joint Resolutions.’’) Every day in America, 27 children—a classroomful—die from poverty. we can impart, Lord, help us to express f it today. May we be a boost and not a Every day in America, 95 babies die burden; a source of courage and not of THE STATE OF AMERICA’S before their first birthday. cynicism. Lord, this is the day You CHILDREN Every day in America, 564 babies are have made and we plan to rejoice and Mr. WELLSTONE. Mr. President, born to women who had late or no pre- be glad in it. In Your holy name. today, the Children’s Defense Fund, a natal care.

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

S4675

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VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4676 CONGRESSIONAL RECORD — SENATE March 28, 1995 Every day in America, 788 babies are the amendment is going up; the last When you start saying that, within a born at low birthweight, less than 5 time it received 47 votes. decade, I suppose most everybody with- pounds 8 ounces. Mr. President, I want to ask the fol- in the sound of my voice, with God’s Every day in America, 1,340 teenagers lowing question: Who decides that we permission, expects to be here in 10 give birth. are going to cut child nutrition pro- years. In 10 years, all of our Govern- Every day in America, 2,217 teenagers grams but not subsidies for oil compa- ment’s revenues are consumed by just drop out of school—each day. nies? Who decides that we are going to five expenditures. Every day in America, 2,350 children cut the Headstart Program but not Mr. President, those expenditures are are in adult jails. subsidies for insurance companies? Social Security, Medicare, Medicaid, Every day in America, 2,699 infants Who decides that we are going to cut Federal retirement, and the interest on are born into poverty. child care programs but not tobacco the United States of America’s debt. Every day in America, 3,356 babies company subsidies? Who decides, Mr. Those five things will consume every are born to unmarried women. President, that we are going to cut dime the country has. Every day in America, 8,189 children educational programs for children, but This chart shows those five expendi- are reported abused or neglected. not military contractors? Every day in America, 100,000 chil- tures and U.S. revenues meeting in the Mr. President, some people are very year 2006, but 10 years away. I believe dren are homeless. generous with the suffering of others. Every day in America 135,000 children it will occur sooner than that. And it is time that we understand that bring guns to school. But, in any event, on or about this we should not be making budget cuts Every day in America, 1.2 million date, we are confronted with this ca- based on the path of least political re- latchkey children come home to a lamity. We were just listening to the sistance, making cuts that affect citi- house in which there is a gun. Senator from Minnesota talk about a Mr. President, I would like to, from zens with the least amount of clout program for children in which he has this Children’s Defense Fund report that are not the heavy hitters and do great interest. The point is that if we that came out today on the state of not have the lobbyists. allow this to happen to ourselves, with- There needs to be a standard of fair- America’s children, talk about what in 10 years, anything the U.S. Govern- ness. I will insist on that during this this means with Minnesota children at ment wanted to do either could not be debate. Mr. President, if you will allow risk. done because there would be no rev- me 15 seconds for a conclusion, over enue to do it, or we would have to bor- A Nation that would rather send someone and over again on the floor of the U.S. else’s child to prison for $15,496 a year, or to row it. In short, we would be saying an orphanage for over $36,000 a year, then in- Senate, I will, if you will, shout it from that to run the U.S. Government, the vest in $300,000 worth of immunization and the mountain top. There will not be Defense Department, to build a road, a $100,000 worth of prenatal care to give a child any real national security for our Na- canal, to widen a port, to take care of a healthy start, $1,800 to give that child a tion until we invest in the health and the program for children mentioned by summer job to learn a work ethic, lacks both the skills and the intellect and the the Senator from Minnesota, and the family values and common and economic character of our children. That is what sense. School Lunch Program which has been this debate is about. debated in the House, it would either Mr. President, let me just add that as I thank the Chair and I thank my have to be discontinued, or we would long as we are going to be talking colleagues for their generosity and gra- have to borrow to do it. Think of it— about a budget deficit and addressing ciousness. borrow to run the entirety of the U.S. that budget deficit, I think it is time The PRESIDING OFFICER. The Sen- Government, or not do it, because all that we also address a spiritual deficit ator from Georgia is recognized to the money will have been consumed in our Nation. I have brought an speak for up to 15 minutes. but by five outlays. amendment to the floor of the U.S. f Senate four times which has been de- Mr. President, from time to time, in feated. I will bring it back on the floor OUR NATION’S STRIKING DILEMMA America’s history, Americans have this week, especially with the rescis- Mr. COVERDELL. Mr. President, I been called upon to do extraordinary sions bill over here. want to begin by thanking the mem- things—those that founded the Nation, I commend Senator HATFIELD, and bers of the bipartisan commission that those that fought to keep it a union, others, for their fine work in at least concluded its work last year—the enti- the Americans that went to Europe in restoring some of the cuts for some tlement commission and the Congres- the name of freedom in 1918, and again programs that are so important. I sional Budget Office and the Senate in 1940. Mr. President, my view is that know that I met with citizens back in Budget Committee, and others, who no generation of Americans—none— Minnesota about cuts to the Low En- have contributed to my purpose and will have ever been called upon to do ergy Assistance Program. In my State reason for speaking to the Senate this more than the current generation of of Minnesota, over 100,000 households, morning. Americans as they face this staggering 300,000 individuals, I say to my col- In perusing their work—and we do crisis. leagues, 30 percent elderly, members of get inundated with information in this I repeat that: I do not believe there is household, 40 percent child, over 50 per- Capital City—but as I was going any generation of Americans other cent someone working; this was a through the material they had pro- than those living today that will have grant of about $350 that enabled some- vided, I suddenly fell upon a page for been asked to do more in the name of body to get over a tough time, with 40 which this chart is a near replica. It saving this Union. percent using it only 1 year. People has been improved and modified with Mr. President, this is not a message were terrified. I will thank Senator new information. But this single page of gloom. Mr. President, this is a mes- HATFIELD and others for not zeroing riveted my attention, and I think if sage of challenge. Challenge. I have out that program. known, it would command the atten- never known a generation of Ameri- As I look at these cuts that are be- tion of every American, every Amer- cans that would flinch or cower from fore us, Mr. President, I would like to ican family, and every American busi- facing a crisis that had to do with the raise some questions not about the ness. It poses for our Nation a striking saving of the Union. budget deficit but about the spiritual dilemma. First, Americans have to know about deficit. Minnesota children at risk. I Mr. President, what it points to is this problem, which I do not believe will have this amendment on the floor this fact and this condition: Within 10 they do. I think Americans understand and I will ask one more time for my years—maybe 8, maybe 12—the en- that we have difficulties and problems. colleagues to go on record that we will tirety of all U.S. revenues—all U.S. But they do not know that the problem not pass any legislation, take any ac- revenues—are consumed but by five is at their back door. They have heard tion that would increase the number of outlays, five expenditures. You just policymakers for years talk about the hungry or homeless children in Amer- have to think for a moment of the growing crisis of our fiscal affairs. ica. That amendment has failed in four thousands and thousands of Federal ex- What they do not realize is that separate votes, though the support for penditures that we accrue each year. there is not another generation to pass

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4677 this problem to. We cannot pass the sidious, creeping development that is wanted to talk some about the funda- baton to someone else. It is our prob- much harder to recognize. mental question of how we proceed, lem. We are going to have to confront Just as sure as the Sun comes up in and what is the role of the Federal it now. We are going to have to try to the morning and sets in the West, this Government; how can we make changes prevail. That means move to a bal- generation of Americans will have to that will cause some changes in the re- anced budget. That means it has to be confront this crisis or we will undo our sults of the welfare program? done fairly and evenhandedly. own Nation. Mr. President, let me first recognize Mr. President, we are going to have I want to add one other thing, Mr. the Senator from Arizona. to take steps in these Chambers to re- President. There is only one world Mr. KYL. Mr. President, I thank my move the burdens of business so that power today. We all acknowledge that colleague for yielding. The 11 freshman we can expand our economy. we are still living in a very dangerous Republican Senators have made it a I contend that when we look at this world. If we destabilize our currency, if point to come to the Chamber and conversion of but five outlays that con- we wound ourselves because we lack speak each week on an important topic sume all of our revenues, we are going the discipline to manage our fiscal af- because we have just gone through an to have to confront what I would char- fairs, we will make the world a very election, have just spoken very directly acterize as generational contracts. We dangerous place for the future families with our constituents, with a large seg- are going to have to take these entitle- of America. It will not be difficult for ment of the block of voters who called ments and honor our agreements to our world adversaries to know that if for change in this last election. The those who are at the end of their work we do not care for our financial health, Presiding Officer experienced that as careers. But for those coming into the we will be unable to defend our freedom well, and knows the fervor with which work career, we are going to have to here or anywhere else in the world. our constituents approach the issues of entertain and shape new agreements. I have but one request, Mr. Presi- reform and change. Mr. President, this generation of dent. I hope that every American fam- Americans has a choice. It can do those ily will take a look at this very simple No issue that they talked about in things I just talked about—tighten the chart that says within 10 years, we will the last campaign had more emotional belt, move to a balanced budget, ex- consume all U.S. revenues with but five feeling to it, I think, than the issue of pand the economy, move to expenditures—Social Security, Medi- welfare reform. Because they not only generational contracts on entitle- care, Medicaid, Federal retirement, recognized that welfare reform could ments. If we do that, the American and the interest on debt—and put that result in huge savings of money to the dream, which has been a part of this chart on their kitchen table and con- Federal Government, but that we were country since its inception—that life template what that means to the destroying generations of people, cre- would always be better for the new planned retirement of the parents, to ating a cycle of dependency from which generation, that the new generation the aspirations for education and jobs too many people were finding it impos- would have more opportunity, be bet- of the children, and the future of their sible to extricate themselves. ter educated, it would be a stronger na- country. I believe, from around that So it is a very personal challenge as tion—is still possible. If we do the kitchen table, will come the will and well as a sound, prudent fiscal policy tightening of the belt, if we enter into the resolve to confront this great that causes us to look to the issue of generational contracts, if we do the moral challenge for the United States. welfare reform. We do that this week things to expand the economy, we will I ask them to do this for themselves, because we want to compliment our create millions of new jobs for Amer- Mr. President, and for their families, House colleagues for passing a mean- ica’s future. If we do these things, we and for this Union. ingful fundamental welfare reform will create thousands of new busi- Mr. President, I yield the floor. package, the first real effort to reform nesses. And in forming the new busi- Mr. THOMAS addressed the Chair. our failed welfare system in decades, nesses, we will generate new ideas and The PRESIDING OFFICER. The Sen- and to say to our House colleagues: better ways to live, and we will elevate ator from Wyoming [Mr. THOMAS] is You got the ball rolling and now it is our standard of living in this country. recognized to speak for up to 35 min- our opportunity in the Senate to take But what if we choose to flinch? utes. advantage of the momentum you have What if we ignore what we have been f created, to take the legislation you told—that five expenditures will con- have passed and to try to improve upon HOW TO PROCEED ON WELFARE sume all of our revenues in but a dec- it if we can, and to get a bill to the REFORM ade. What if we ignore this, while his- President which he can sign, truly end- tory is full of nations in ruins because Mr. THOMAS. Mr. President, I am ing welfare as we know it. they failed to confront this kind of cri- pleased today to join my freshman col- The House bill, in most people’s view, sis? leagues to discuss some of the solu- is not a perfect bill. But it is a very If we let this happen, the future gen- tions and some of the facts, the inter- good start toward this issue of welfare erations will have to bear an 82-percent est, that go into the Nation’s welfare reform. As I said, it is now our oppor- tax rate to pay for our failure to con- system. tunity. front this issue. Mr. President, 82 per- Before the debate on welfare reform Let me just make four quick points cent of earned wages would be con- can proceed, however, it seems to me about what I think our approach to sumed just in order to take care of our that we have to make some stipula- this problem ought to be. fiscal abuse. tions. We have to begin with the basic We would be saying to the future premise, the premise that everyone in Our current system, I think almost that the present is all we are worried this Chamber is compassionate about everyone has now recognized, does not about. We do not care about those jobs helping over 26 million people climb foster independence, and family, and in the future. We do not care about the out of poverty. That is not the ques- responsibility—all values that we know burden of the working family in the fu- tion. are essential, but, instead, perpetuates ture. I think if we are really seeking some both material and behavioral poverty. Mr. President, I began these remarks solutions to our welfare problems, The most compassionate, responsible by saying that I believe that this gen- some solutions to help Americans ad- course of action that I think we can eration of Americans will be called vance themselves, we have to get away take is to find a way to free our Na- upon as no other. We are at a unique from this idea of saying that this tion’s children and families from de- crossroads in the history of this Na- group—because they have a different pendency in this terribly flawed wel- tion. view—wants to throw everybody out in fare system. The other enemies were outside our the cold. Toward that premise I think we borders. They were easier to identify— I think we do all start with that no- should first admit that continued dra- Hitler marching. Across America, the tion that every day, each person has a matic increases in Federal social wel- great divide in our Nation, this is a responsibility to make this a better fare spending have failed to reduce the battle amongst ourselves. This is an in- place to live. With that premise, we number of people in poverty in this

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4678 CONGRESSIONAL RECORD — SENATE March 28, 1995 country and that more money is sim- which create poverty are an important name-calling and, I think, outrageous ply not the answer. The Federal Gov- element of any welfare reform pro- allegations about the mean-spirited- ernment has spent more than $5 tril- gram. ness of the Republican proposal. lion on social welfare programs since There is more, but I think we make We are here this morning as the President Johnson declared the war on the point that there are several things freshman class to say we have exam- poverty, yet, according to the Congres- that need to be done here. The House ined and are examining this proposal, sional Budget Office figures, total was on the right track and we in the and we see it as a very positive move spending will rise to 6 percent of the Senate need to give our backing to forward in helping people get out of gross national product by 1998. Since that in the kind of bill we pass out of poverty. That is what this is all about. the mid-1960’s, poverty has actually in- Senate and not let this momentum flag You will hear some say, ‘‘The Repub- creased from 14.7 percent to 15.1 per- but be able to send a bill to the Presi- licans, they just want to cut people cent today. So after spending all this dent. off.’’ I would tell you that I would not money we have not eradicated poverty. I conclude with this point. There is a be here today—and I do not think any It is more in our land than before. big difference between taking care of of us would be here today—if we Second, the Federal Government does people and caring for people. Taking thought that was the motivation be- not know best how to spend our hard- care of people was the philosophy of hind the welfare reform proposal, just earned dollars. One of our colleagues the Great Society programs. It has not to hurt people. gave us a test. If you inherit $100,000 worked. True compassion is caring for I am not in the business of hurting and because you are a good citizen you people in a way that provides them a people. I do not like hurting people. I want to, in effect, tithe a tenth of that hand up, not a handout. That should be want to try to help folks. But I truly to solve the problem of social the guiding philosophy to end the cycle believe, as I think my colleagues will deconstruction in our country, to of dependency that has been created by also state, that you do not help people, whom would you give that $10,000? 40 years of misguided welfare policies. as Senator KYL said, by taking care of What organization would you give it That should be the guiding philosophy them, by making them dependent on to, to best help eradicate poverty in of true welfare reform that comes out you, by providing for them instead of your own community? I daresay none of the U.S. Senate. giving them the opportunity to provide of us would invest that in the U.S. Gov- Mr. President, I thank the Chair and for themselves. That is not truly tak- ernment. None of us would say the Fed- the Senator from Wyoming for again ing care of. That is not truly helping eral Government welfare programs are getting the freshmen Members of the people. pretty good, let us give the $10,000 to Senate here to talk about this impor- So when you look at these proposals, them. We would pick the local home- tant subject. look at it not as to how much are we less shelter or Salvation Army or some The PRESIDING OFFICER. The Sen- doing for somebody, but how much are other local group that really knows ator from Wyoming. we helping them help themselves. How how to stretch the dollars and make Mr. THOMAS. The Senator from Ari- much opportunity are we creating; not the individual decisions in the commu- zona, I think, has made one of the key how much are we taking care of. That nity that we know work. points in this whole discussion, and is really the test here, because we It is interesting, several Governors, that is this is a compassionate society. know from our history that taking including Tommy Thompson from Wis- All of us are committed to the concept care of people destroys them, destroys consin, whose welfare roles have de- that we help people help themselves. communities, destroys families, de- clined 25 percent over the past few Unfortunately, almost everyone agrees stroys country. That is what is brewing years, have had to ask for literally that the war on poverty has failed, and in our communities that are heavily hundreds of waivers from the U.S. Gov- that we have more of a problem now laden with welfare populations today. ernment in order to achieve welfare re- than we did when it began. That is That destructive element of Govern- form in their own States. So giving what this is about—how do we have a ment dependency is taking control and States more flexibility to quickly better system of helping the people is not creating better communities, achieve welfare reform will help those help themselves. families, individuals, and neighbor- in need. One of the persons who has worked hoods. Third is the point the Senator from very hard and very diligently, and I I have been asked, because of my Wyoming just made, and it is a very think is most knowledgeable in this background in the House on this issue, important point, we must end the dam- area, is the Senator from Pennsyl- what the prospects are here in the Sen- aging and incorrect rhetoric which sug- vania, who last year in the House was ate. The general conventional wisdom gests that somehow by reforming wel- basically the author and principal ar- is the Senate will water it down and we fare we are going to be taking food out chitect of the proposal put together by will get something that is just sort of of the mouths of young children. This the Ways and Means Committee that tinkering with the system, that they is rhetoric of the worst kind. The would accomplish some of those things. will not be nearly as dramatic as the House bill, for example, has been criti- I yield to the Senator from Pennsyl- House. I say this: The more the Senate cized, but few point out that the House vania. looks at the problem, the more we bill actually increases funding for Mr. SANTORUM. Mr. President, I focus in and see the absolute destruc- school lunch programs by 4.5 percent thank the Senator from Wyoming for tion that is occurring in our neighbor- each and every year for the next 5 yielding the time. I appreciate the kind hoods today, the morality behind what years, an increase of $1 billion; and words in the introduction. we have to do—this is not an economic that the block grants to the States will I, too, want to say the Senator from issue; providing for the poor in our so- save money and enable them to apply Wyoming and Senator from Arizona ciety is a moral issue. We have to look those funds to the children. have hit the nail on the head. I think at it in that context. Fourth, the Federal Government and the reason, the impetus behind us When you look at what we are doing the States must continue to search for being here this morning is really to to children, families, communities, and ways, whether they be difficult initial start this debate out on welfare reform our Nation, I believe the U.S. Senate choices or not, which foster self-suffi- with a little different tone than it took will follow the path very similar to the ciency, encourage marriage, and work. in the House of Representatives. The House of Representatives. The House bill contains several such fact of the matter is, the debate in the The chairman of the Finance Com- incentives. For example, we should House, with ample support from the mittee just yesterday said that the eliminate the marriage penalty created national media, turned into a really block grant idea has merit and that we in the Tax Code. Fathers should be re- disgraceful event that turned so mean- should move forward on that track. It quired to live up to their financial re- spirited and accusatory that it focused does have merit. Why? Because it takes sponsibilities. Again, giving States the very little on what actually was going all of the power and control out of this flexibility to design programs which to occur and what the underlying prin- town that thinks it knows best for ev- will effectively reduce out-of-wedlock ciples were in the reform effort that erybody, where we make sure that ev- births and other similar conditions were underway. It focused just on erything is taken care of from here and

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4679 that all the decisions are made here, creased poverty, decreased hope and I thank the Senator from Wyoming and puts them back into the States opportunity, has increased crime and for yielding the time. I appreciate his and, more particularly, into the com- decreased the sense of community safe- indulgence in my discourse. I look for- munities and into the families of ty and neighborhood, has increased il- ward to the rest of the day. America. That is the right direction for legitimacy from 5 percent in the Thank you. us to take when it comes to taking re- midsixties—5 percent of children in Mr. THOMAS addressed the Chair. sponsibility for the poor in this coun- this country were born out of wed- The PRESIDING OFFICER (Mr. try. That is the right direction. I be- lock—30 percent today and rising. As a CAMPBELL). The Senator from Wyo- lieve that is the direction we all will result, we have seen a decrease in fa- ming [Mr. THOMAS]. take here in the U.S. Senate. thers taking responsibility for their Mr. THOMAS. The Senator from It will be a dramatic bill that comes children and a resulting increase in Pennsylvania has obviously given a out of this Senate. It will not be a wa- gang activity because fathers bond great deal of thought to this. I think it tered down version that looks very with other males instead of bonding is interesting that almost everyone in much like the system today. I do not with females to take care of children. this country, including President Clin- believe the Senate will stand for that. It is a vicious cycle that is created by ton, says welfare is broken and needs And I think we can get bipartisan sup- very good intentions of the people who to be fixed. Yet, when you begin to port to do it. I am encouraged by that. created this system; very good inten- look at it and take the opportunity to There will be some who stand up and tions, but very wrong programs. seek to find a better way to deliver defend the status quo. They will stand I challenge the national media to services, then we run into all of this up because they were the creators of give us a break. Tell the truth. Quit criticism and, as the Senator says, the status quo, and they will defend printing that we are repealing the untruths about what is really hap- the system and accuse anybody who School Lunch Program when they pening. But I think there is a real op- wants to change it as being cruel, inhu- know darned well we are increasing the portunity this time to do something. mane, and mean spirited. And they will money. We are cutting out, as was said One of the reasons is that there are say in many cases, as happened in the in the House, the lunches, the free people in this body who are new here House, outrageous things about our in- lunches, here in Washington by the bu- and who are bringing to the body a tent. reaucrats who suck money from the brandnew idea, some of it having come Let me clear the air one more time system before it even gets to the kids. from the campaign, some of it having about our intent. Our intent is to help Tell the truth about what is going to come from living regular lives. And one people help themselves. Our intent is go on here in the U.S. Senate with the of those is the Senator from Tennessee. to get people off the welfare rolls. I welfare reform. Do not be afraid that I would like to yield time to him. find it absolutely incredulous that your friends on the other side will not Mr. THOMPSON addressed the Chair. when you have a program in place that like you by telling the truth about The PRESIDING OFFICER. The Sen- actually gets people off the welfare helping people, that the Republicans ator from Tennessee is recognized. rolls, that is bad. What? A good welfare can actually be kind, compassionate, Mr. THOMPSON. Mr. President, I program gets more people on the wel- and be for a more progressive and up- thank the Senator from Wyoming for fare rolls? Is that what we want? Is lifting opportunity type of society for his leadership in this area and also the that our analysis? Is that our bench- the poor. Do not be afraid of that. Senator from Pennsylvania for his elo- mark as to what is good? Getting more Stand up and tell the truth about what quent remarks and for his leadership in people on welfare, making more people is going on here in the U.S. Senate. this area, both in the House of Rep- dependent? That is good? No. What is Finally, the welfare system in this resentatives and in the U.S. Senate. good is solving poverty, not sustaining country has to change, and there are He, as usual, assesses the problem very it. Moving people off the welfare rolls four principles we have to accomplish. precisely. is good. Decreasing those rolls is good. First, work. The only true measure of I would like to lend my remarks to That is a good objective. That is what success of a welfare program is how it my own assessment of the situation as we hope to accomplish here. gets people off welfare and into work. we begin this debate because we are in- Those who stand up and say so many Work has to be a central component. deed addressing one of the most funda- people are going to be cut off and all Second, there has to be a system that mental problems facing the Nation at these people are going to be leaving. supports families and does not tear this time. I think if one true thing can That is good. People leaving welfare families apart, that supports marriage be said about the welfare system, it is and on to productive jobs in America is and does not foster fathers walking that the American people have over- good. That is what this program is away from their children. whelmingly concluded that we have a going to be all about. You will hear Third, it has to focus on flexibility to mess on our hands and an intractable people say, ‘‘Well, you cannot change provide States and communities the problem that we must do something this. You are going to harm children.’’ opportunity to have programs that about for the preservation of our soci- Folks, look at all the welfare pay- truly do tailor their needs to the indi- ety as we know it. ments, AFDC, SSI, on down the list. vidual families and communities and Too often the program has been run How many of those benefits get paid di- not be bureaucratic and regulatory by the wrong level of government, by rectly to the children? How many of from the Federal level. the wrong people. them? The answer is none. A child in Finally, we have to save money. We We have spent $5 trillion trying to this country does not get any money heard so much about the people pro- address the welfare program in this Na- paid directly to them. It all goes to gram, cutting people off. The Repub- tion, and we have created more pov- parents. They all go to parents. lican program allows welfare to grow erty, more out-of-wedlock births, a So when you hear this argument we over the next 5 years 32 percent. If we higher crime rate, more dependency are going to cut children off, we are did nothing, it would grow 39 percent. I than we ever thought would be pos- going to hurt children, think of where do not think cutting the program that sible. If the Federal Government had the money goes and think of where is scheduled to grow to 39 percent is deliberately gone out and tried to that money is being spent and by mean spirited or draconian. In fact, a wreak such havoc with $5 trillion, it whom it is being spent; not the chil- lot of people listening would probably would not have been able to do it, yet dren. I wish the money could be sent say, ‘‘Why don’t you do more?’’ We do we have done by accident what could directly to those children so they could not do more because we want to try to not be done by design. get the food and education that they help and not just be handing out. That Mr. President, I think it would be ap- need. But, unfortunately, in many costs money, but it is a good invest- propriate, as we address this problem, cases it does not. ment. We are willing to make the in- that we do so with a certain amount of Let us focus in on the real problem. vestment of helping people get out of humility. We are not the first people to The people who are going to defend the poverty, but we are going to stop address this problem. This is not the status quo have put forward a plan for throwing money at people who stay in first time the Senate has addressed it. the past 30 or 40 years that has in- poverty. This is not the first time the House of

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4680 CONGRESSIONAL RECORD — SENATE March 28, 1995 Representatives has addressed this There are certain principles we can We have to change a system like problem. It has been with us for many adhere to as we begin to address this that. As the Senator from Pennsyl- years. It has been growing and growing. problem, and one is that we must give vania pointed out, there will be those Many people have come up with dif- the States more flexibility. We must against reform. There will be those ferent ideas and different people of get this problem down closer to the who want to stay with the status quo. good faith can have different ideas people who can see their neighbors, A lot of people have done very well on about this. who know the person down the street the system that we have. A lot of peo- So I think as we proceed into this de- or across the way, and who knows who ple in Washington, DC, elected rep- bate, we ought to be openminded. We is trying and who is not trying and who resentatives over the years by sending ought to be constructive. I think there legitimately needs help and who should out more money and getting more is only one thing that we should not be told it is time to go to work. All of votes have done very well for them- tolerate and that is the status quo. We the innovation that has taken place in selves under the current system. Cer- have a miserable system now that is in this country with regard to the welfare tainly the bureaucracies that run the large part participating in the decline problem in the last decade has been at tremendous system that we have now, of the United States of America; a the State and local level. that siphon off most of the money be- country that we have all grown up in We have to take advantage of those fore it ever gets to anybody that it can and has been the strongest, most pow- innovations and those remarkable Gov- help, have done very well under the erful and most respected Nation not ernors we see all across this Nation system. They will come up with every only in the world but in the history of who are coming up with solutions and horror story known to man to keep the world. trying different things under heavy The time has come for change. It from having to do without a little more criticism and heavy barrages of acri- money for their agency or a few less seems to me these problems fester and monious statements but are standing are debated for years on end, but fi- jobs as we try to move this down to the tall and standing strong and changing State and local level where the prob- nally there comes a time when we real- those programs and showing that cer- ly have to face up to them. I think we lem is and where people know what to tain basic programs and changes of mo- do better to solve that problem. are beginning to do that in the Senate, tivation of people can really work and and in the Congress of the United So, Mr. President, these are my ob- help the system. servations as we go into this debate. States with regard to many areas for We should not be embarrassed to ask We have a problem on which we all the first time. We are talking about local churches, local communities, pri- agree. We all know that we have been changing the way we do business in the vate organizations to step up to the trying for years to do something about Congress of the United States, and plate and do more. That is the way it it, essentially nibbling around the there is no more clear example of that used to be in this country. It is not edges. I think we have all concluded than our approach to the problems in turning back the clock. It is a way of now that the time has come for action; our welfare system. moving forward. I still believe that this I think that going into it we can cer- that we must take bold action; we country is full of well-meaning, caring, tainly conclude there are certain must change. We are better than this. big-hearted people who, if they knew things that have been proven not to We cannot go down the road to destruc- the nature of the problem, they knew work. We know, for example, that tion of this Nation. The people who someone down the way who really was merely throwing money into a failed genuinely need help in this country de- having a hard time, would be willing to system is not the answer. We could serve a better system, and the people jump in and lend a hand. If it were have taken all of the assets of all the who work hard for a living and pay for brought to our attention and we had Fortune 500 companies in America and this system deserve better. the responsibility and felt the responsi- given those assets to the poor and still bility to do something about it, there I thank the Chair. have saved money. That alone gives us The PRESIDING OFFICER. The Sen- some indication of the amount of are millions of people out there who ator from Wyoming has 5 minutes and money we have poured into a system, would be willing to step forward and do 24 seconds remaining. and a rising poverty level indicates the something about it. They cannot take results we have achieved from that care of the whole problem, and we can- Mr. THOMAS. Mr. President, we got money. not turn over the whole problem to started a little late. We would like to I think it is also clear that large Fed- them overnight, but they have to be have about 15 more minutes, if there is eral programs are not the answer. We brought back into the system. People no objection. are now talking about workfare. We have to feel a sense of responsibility The PRESIDING OFFICER. Is there are talking about job training as if this for their neighbors the way they used objection? Hearing none, it is so or- was the first time these ideas have to in this country. dered. We have to have a system that pays come about. Some people think if you Mr. THOMAS. Mr. President, I think more to work than it does not to work. take a little more money out of this it is exciting; I think it is exciting that As I travel around the State of Ten- pot and put it in here or if we reduce a Senators like the Senator from Ten- nessee and go into these little res- program a little bit and add it to an- nessee and others are willing to take a taurants and coffee shops and see these other, if we fine tune it enough, we are look at this program. It has been a young women working hard, many smart enough that we can come up long time since we have said: Does this hours a day, some of them with a child with the right solution to solve this program work? What are the results? or maybe two children at home, never problem from Washington, DC. How do we measure the results? What been on welfare, you talk to them, We have been trying this for 30 years is the measurement of success? to no avail. We are dealing with a sin- working at low-wage jobs trying their Instead of that, over the years, we gle problem, and that is poverty. It is best, working hard, and they see some- have simply said: We have a program. a problem that has many causes. We one down the street from them or It is not working. Let us put some are trying with one set of overlay pro- across the road who does not work, who more money in to make it bigger. grams from Washington, DC, to cover has never worked and are netting out situations where on the one hand we more than they are in terms of take- Now we have an exciting oppor- have a person who is trying to get off home pay, they see that, Mr. President. tunity, and that opportunity is to welfare and trying their best to get out People see that. It has a debilitating evaluate it, to change it, to find better of a temporary hardship; on the other effect on them and our country. It has systems, to look for duplications, and hand we have people who have been on a debilitating effect on these people, to eliminate some of the things that do welfare for generations and have no in- young people especially, who are not not work. terest in working until they are abso- into the welfare mentality, who have One of our colleagues who has had an lutely forced to do so. The same pro- worked all their lives and want to opportunity to work with this very gram from Washington, DC, cannot work, and we are delivering a message closely at the local level as Lieutenant cover the myriad of conditions and cir- to them that really it pays more some- Governor is the Senator from Ohio. I cumstances that we face. times not to work. yield to the Senator.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4681 Mr. DEWINE addressed the Chair. ers are on public assistance within 1 micromanagement with the Republican The PRESIDING OFFICER. The Sen- year of having their first child, and version of Federal micromanagement ator from Ohio is recognized. within 5 years, 77 percent are on public of our welfare system. I think it would Mr. DEWINE. Mr. President, let me assistance. This takes a huge toll on be a mistake. The answers are not here first thank the Senator from Wyoming the children. The poverty rate among in Washington, not even on this side of for putting this group together this children is the highest of any age group the aisle. morning. His comments are certainly in the country. If we are going to find answers, we well taken, as are the comments of my Our young people today are the only need to be looking to the States and colleagues from Arizona, Pennsylvania, age group in America—listen to this— the local communities. and Tennessee. the only age group in America that My colleague from Tennessee, Mr. I think it is fitting and appropriate does not have a longer life expectancy THOMPSON, said it very, very well. Who that the new Members of the Senate, than their parents did at the same age. better knows their neighbors, their who just finished the campaign, just A recent study revealed that of the friends, their communities? Who better finished talking directly to the Amer- children born to a married adult with a knows the solution to this problem ican people, should be the ones who are high school education, only 8 percent than the people of the local commu- on the floor this morning talking about live in poverty. But of the children nity? welfare reform, because I am sure that born to unmarried minors without a I believe, Mr. President, that welfare the experience my friend from Wyo- high school diploma, 80 percent live in reform experiments in Ohio, Wisconsin, ming, or my friends from Tennessee, poverty. Michigan, and other States do in fact Pennsylvania, and Arizona, had was The children born out of wedlock are show a great deal of promise. But we the same experience that I had. three times more likely than the chil- should not try to force all States into I could not find one person—not one dren of married parents to become wel- a single mold. We still have a great person—in the State of Ohio who fare clients when they grow up. thought welfare worked. And that in- What kind of a life are these children deal to learn about what works in wel- cluded people who were on welfare. It being prepared for? What kind of values fare, and we certainly know already included taxpayers. It included the av- are they learning in a family where what does not work. erage citizens, whom I see day after many times no one works, and bare We should not standardize the Fed- day after day. I could not find anybody subsistence income is given by, frank- eral solution to which all States and who thought welfare works. So it is ap- ly, a distant and grudging Federal Gov- communities have to conform. We need propriate that we, really, in this coun- ernment? the States to continue to experiment, try engage in this national debate. Mr. President, what do we do? That is to be the laboratories of democracy, Mr. President, the House has just what we are going to be talking about and to lead the way toward a 21st cen- concluded this debate and the Senate in the weeks and months ahead. tury welfare system in this country will take up this debate in a few weeks. I think it might be tempting, par- that does, in fact, work. In this debate, we seem to be focusing ticularly for those of us on this side of Finally, Mr. President, we, I believe, on adults, on money, on jobs. But, Mr. the aisle, now that Republicans control as we approach this welfare debate, President, underlying all these consid- the Senate and Republicans control the must always remember that welfare is erations is really the future of our chil- House, to once again do what we have not, first and foremost, a money prob- dren, because that is really what this done in this country time and time and lem. Over the last few weeks, we have debate is all about. It is about our chil- time again, and that is to impose a heard a great deal about the money dren. It is about breaking the cycle of Washington solution on this problem. I side of welfare, and that is quite nat- poverty. It is about breaking the cycle think, however, Mr. President, that ural. Some say we are taking money of despair. would be a mistake. I think it is very away from the needy. Others say we We are, it is true, Mr. President, try- tempting to do this now that we are in are saving money for the taxpayers. ing to rescue the adults who are control, but I believe it would be a But beyond the welfare debate in re- trapped in the welfare system. But if grave mistake because history has sim- gard to money is something much more we are brutally frank and honest with ply taught us that Washington does not important, and that is human beings, ourselves, I think most of us will admit have all the answers. and that is young children. that it is our concern for the children I do believe that there will be times, The problem, frankly, Mr. President, that really underlies this debate and as we debate this bill and this reform, is the kind of culture we are building makes it so imperative that we do when I will vote for some uniformity. I in this country and the kind of lives something, that we do something dif- think, for example, that it makes emi- America’s children will inherit. ferent. nent sense in the area of child support As we begin this debate, I propose a Fixing welfare will not be easy, and enforcement, an area that has been a very radical solution. It is particularly it will not be done overnight. And fix- problem for many, many years, to have radical for this town and this city, this ing welfare, frankly, is not all we have more uniformity, to have more co- Capitol Building, this Chamber. And to do. We also have to tackle the operation between the States. I saw the radical solution is to say, ‘‘We broader problems of violence, poverty, this 20 years ago as a young assistant don’t have all the wisdom here. We and lack of education that is posing county prosecuting attorney when we don’t know all the answers.’’ such a threat to the well-being of our tried to enforce child support. I saw the Let us trust the States to be the lab- country’s children. problems we had in going from State to oratories of democracy. Let us turn Mr. President, the fact is that Amer- State to State. I think uniformity in back power to the States and let them ica’s children are in crisis, and welfare that area does make sense. try things, and let them find out what dependency is part of the cause of that But I think, in most cases, we are will work and what will not work. crisis. going to be much better off in allowing The statistics in regard to our young the Governors, the legislators, and the They cannot do a worse job than the people today are absolutely staggering people of the States to design their Federal Government has done. That and frightening. In 1960, about 5 per- own programs. may be a radical solution. It may be cent of the children born in America Too often, Mr. President, we think, something that is foreign to Congress were illegitimate. Today, almost one- here in Washington, we have all the an- in the past. Quite frankly, Mr. Presi- third are. In some major cities, that swers. Indeed, the crisis of welfare de- dent, we have tried everything else. I figure is now at two-thirds, and in pendency in today’s America is, I be- think it is time for a radical solution, some cities, even higher than that. lieve, in large measure a consequence a radical change, and I think, quite Since 1972, the rate of children hav- of Federal policies written right here frankly, that it will work. Thank you ing children has doubled. What happens in this Capitol. very much. to these children, Mr. President? Ac- Mr. President, to be very blunt, I do Mr. THOMAS addressed the Chair. cording to the Congressional Budget not believe we should replace the The PRESIDING OFFICER. The Sen- Office, half of all teenage unwed moth- Democratic Party’s version of Federal ator from Wyoming.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4682 CONGRESSIONAL RECORD — SENATE March 28, 1995 Mr. THOMAS. Mr. President, I would 1994 exempted all welfare mothers born shall imitate our ancestors and be thought like to wrap up our focus, our effort before 1972 and proposed $9.3 billion in worthy of them if we succeed in resembling this morning. additional spending. Exempting 80 per- you . . . it is for you, citizens of America, to Let me just say, again, that I con- cent of the current caseload is not an crown this glory. gratulate the House on what they have answer, nor is the infusion of more Cognizant of the familiar ideals upon done. I think they moved forward. I money without change. which the United States was founded, think they have examined and have So what we are talking about is a Greeks emigrated to the United States come up with new ideas. Do I support great opportunity to provide real help, en masse during the early 1900’s. Thus, all of it? Probably not. Is it a perfect to provide a system that delivers the generations of Greek-Americans have bill? Of course not. But it gives us an help to the people who need the help, been able to contribute to the reaffir- opportunity to take a new look at not take it off on the way there. mation of their ancestors’ political something that needs a new look. I hope that we can start, as we said philosophies. What we are seeking is the best way in the beginning, with a stipulation Greek immigrants emulated their an- to deliver services, the best way to help that everyone in this place is compas- cestors’ drive for knowledge. By 1970, people help themselves, to find a way sionate about children, everyone in Greek-Americans already topped other to help people who need help back into this place wants to find a system that ethnic groups in median educational the workplace. That is what it is all works and that we do not polarize our- achievement. Combined with this intel- about. That is the purpose of this pro- selves by saying, ‘‘These folks want to lectual drive, Greeks brought with gram. throw everybody out; these folks want them a diligent work ethic. Greek I went into our welfare office in Cas- to help everybody.’’ That is not the Independence Day also gives us an op- per, WY. I expected to find a staff that case. portunity to pay special tribute to the was very defensive when we talked Like the Senator from Pennsylvania, industrious traditions of Greek-Ameri- about change. That is not true. They I call on the media to help, to help cans and their outstanding contribu- felt frustrated with the program that really say what the facts are, to really tion to our society. they now have to administer. The di- lay out that cuts are not cuts, reduc- I take this opportunity to wish all rector showed me this whole shelf full tions in spending proposals are not Greeks, whether they be in Greece or of regulations. He said, ‘‘God, I spend cuts, that consolidation of programs my home State of South Dakota, the half my time working on regulations.’’ can end up with more benefit to recipi- very best during this 172d year of They come from different Depart- ents, and that is where we are. Greek independence. ments. They come from Agriculture, Mr. President, we appreciate this op- they come from Housing, they come portunity in the morning time, and we f from the welfare program. We need to look forward to participating in devel- put them together so that they do oping a program of assistance to Amer- TRIBUTE TO JENNIE BLAIR work. icans that will bring them out of pov- Mr. HEFLIN. Mr. President, the We try to do something to encourage erty and into the workplace. Democratic Party of Alabama lost one people to work, and if a mother on I yield the floor. AFDC does not have a job or does not of its most ardent supporters and ac- look for one or does not do what is re- f tivists on March 12, when Madison quired, they seek to reduce the pay- GREEK INDEPENDENCE DAY County Chairwoman Jennie Blair passed away. She was a strong, dedi- ments. They reduce the payments here Mr. PRESSLER. Mr. President, last and they go up in food stamps, they go cated woman who contributed greatly Saturday the people of Greece cele- to her State and community over the up in housing. They are very frustrated brated 172 years of Greek independence that they are not being able to accom- years. from the Ottoman Empire. The Greek Jennie was a very eloquent spokes- plish what they want to accomplish. emancipation from the reins of tyr- There is a perception that more Gov- person for the causes and programs anny brings to mind our own ancestors’ that help the people who are least able ernment is needed by some, that more struggle for freedom. Greece and the money is needed. Since the war on pov- to help themselves. She was a positive United States share a common struggle force for good. Activists on the other erty, the Federal Government has rooted in a common philosophy of lib- spent nearly $5 trillion on social wel- side felt a kindred spirit with her, and erty and self-governance put forth by also felt the loss. fare programs. Federal, State and local the ancient Greeks. governments combined now spend $350 She was a retired South Central Bell Thomas Jefferson looked to the an- employee and labor activist who had billion a year, 20 percent more than the cient Greeks when he made the case for Government spends on national de- long been involved in local Democratic representative democracy. Jefferson Party politics. Just last month, Jennie fense. once said, ‘‘ * * * to the ancient Separate Medicaid from food stamps was elected to a 4-year term as Madi- Greeks * * * we are all indebted for the son County chairwoman. Huntsville, and aid to families with dependent light which led ourselves out of Gothic children and you find a program that Alabama’s third-largest city, is located darkness.’’ The Declaration of Inde- in Madison. costs taxpayers approximately $90 bil- pendence closely mirrors the ideals of lion a year, more than five times what A native of Lincoln County, TN, she ancient Greek philosophers. Greek was a member of the Communications it was in 1981. Independence Day not only commemo- Specifically, the Federal share for Workers of America and a delegate to rates Greece’s victory over oppression, Medicaid spending in the State of Wyo- the Democratic National Convention. but also celebrates deeply rooted philo- ming has grown from $42 million to She held many other leadership posi- sophical symmetry—one honed by over $107 million from 1990 to 1994. The tions in the State and national party, great statesmen from Aristotle to State’s share for that program has and played a pivotal role in the 1992 Thomas Jefferson. grown from $24 to $61 million in that convention. America’s relationship with the same period of time. And we all know Jennie Blair’s determination, energy, Greeks came full circle when, on the what the results have been. enthusiasm, and drive will be sorely eve of their revolution for independ- We have heard a great deal of criti- missed by those who knew and worked ence, the Greek commander in chief, cism from the administration regard- with and against her. She took her pol- Petros Mavomichalis implored Ameri- ing the Republicans’ efforts to reform itics seriously, and truly believed in cans for assistance: welfare. On the other hand, that is the principles of the Democratic Party. what the President talked about when Having formed the resolution to live or die She believed that Government can be a he came here. He said, ‘‘We’re going to for freedom, we are drawn toward you by a positive force in people’s lives and was just sympathy since it is in your land that change welfare as we know it.’’ Unfor- liberty has fixed her abode, and by you that never shy about expressing that view. tunately, we have not heard much late- she is prized as by our fathers. Hence, hon- She was a dynamic example of the best ly from the administration. The pro- oring her name, we invoke yours at the same things about politics and public serv- posal introduced by the President in time, trusting that in imitating you, we ice.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4683 RECOGNITION OF INAH MAE chamber president at that time was the late ful neighbors and family who are constantly ABRAMSON Dick Biddle. with her. In presenting the award, Biddle said, ‘‘Miss Wesley Chapel and Central will always Mr. HEFLIN. Mr. President, we all Young, soon to be Mrs. Abramson, gives un- have special meaning to Abramson. She was know those special people who just selfishly to others each day of her life. She born in the Central Heights community Feb. seem to epitomize selfless devotion and lives and appreciates people. Her family and 16, 1918. She became a part of the church service to others. They cheerfully go friends know they can call on her anytime, when her parents took her to a service there about helping others in numerous ways and she is never too busy to help anyone in at age three weeks. She became a member in that help to brighten countless lives, need. Realizing this, Gov. (George) Wallace 1929, when the church was a part of the asking for nothing in return. chose her to serve as chairman of the Wom- Cloverdale Charge of three churches and an- en’s Division of Lauderdale County on the One such woman is Inah Mae other added later. She was the charge re- State Traffic Commission.’’ (The purpose of corder for many years. When she returned Abramson, of Florence, AL, who was the commission was to make motorists more from college, she became active as a teacher, the subject of a recent article in her aware of traffic rules.) youth counselor, treasurer and a member of local newspaper. I ask unanimous con- In 1987, she was named Alumnus of the the United Methodist Women, then called sent that a copy of the article, which Year by the Central High Alumni Associa- the Woman’s Missionary Society. She was appeared in the Florence TimesDaily, tion. district counselor of youth subdistrict events Abramson was once given the title ‘‘Miss be printed in the RECORD after my re- and secretary of the district Christian Work- Methodism’’ by a district Methodist news- ers School. marks. paper. This honor came because she was vol- The PRESIDING OFFICER. Without One of her former employers once intro- unteer secretary for three district super- duced Inah Mae Abramson as ‘‘a person who objection, it so ordered. intendents before the Florence District not only performs her work efficiently, with (See exhibit 1.) opened a full-time office. cheerfulness and zeal, but she always has a Mr. HEFLIN. I want to commend and A history enthusiast, Abramson has been a smile on her face and exemplifies a truly congratulate Inah Mae Abramson for student of history all of her life. She likes to dedicated Christian woman whose work is the hard work, love of people, generous keep up with the current events, which, she never done.’’ reminds everyone, will soon become history. spirit, and genuine concern she always f displays through service to those She attended Beulah Elementary School, and was salutatorian when she finished Cen- BIRMINGHAM-SOUTHERN COLLEGE: around her. She truly is a living exam- tral High School in 1936. ple of civility, dedication, affection, ‘‘I decided on a business career and at- NAIA NATIONAL CHAMPIONS and love. tended Bob Jones University, then located at Mr. HEFLIN. Mr. President, I want EXHIBIT 1 Cleveland, Tenn.,’’ she said. ‘‘My first job to congratulate and commend the [From the Florence (AL) TimesDaily] was with my cousins, Murphy Brothers Store men’s basketball team of my under- in Central Heights. I later worked for one WORK THAT’S NEVER DONE: ABRAMSON BE- graduate alma mater, Birmingham- year at the county agent’s office, then LIEVES IN PUTTING HERSELF LAST, DOING worked another year for W.D. Peeler, reg- Southern College. Birmingham-South- GOOD DEEDS FOR OTHERS istrar at the courthouse.’’ ern won its second national title in 6 (By Lucille Prince) In 1939, she accepted a job at First Na- years on the night of March 20 when it The old saying ‘‘Man may work from sun tional Bank and worked there until 1945, the defeated Pfeiffer College of North Caro- to sun, but women’s work is never done’’ still year that many men returned from World lina 92 to 76 in the NAIA national tour- applies to Inah Mae Abramson, even though War II. She left the bank to operate Blue nament championship game. she retired 28 years ago. Bird Ice Cream and Sandwich Shop for one The Panthers of Birmingham-South- When she is not busy in her office at home, year. ern rolled through the tournament just she’s out visiting the sick, the elderly or ‘‘In November 1947, I was employed by people in nursing homes working at the com- Florence Clinic as secretary to a group of 11 as they did the season, winning five munity center or attending a church meet- physicians and remained there until October games here. They ended their magnifi- ing. 1967,’’ she said. cent season with 32 straight wins and a One of her pet projects is sending ‘‘sun- She vividly remembers that when the 35–2 season overall, a school record. shine cards,’’ and she keeps an assortment of Sabine Vaccine Program was begun in Lau- I ask unanimous consent that an ar- cards on hand. She has special cards that are derdale County, Dr. J.G. Middleton was ticle from the Birmingham Post-Herald sold by the United Methodist Women of Wes- chairman. As an employee of the Florence on the Panthers’ basketball champion- ley Chapel, with proceeds going to missions. Clinic, she became his assistant in setting up She is the secretary-treasurer of the historic and promoting the vaccine program. ship game be printed in the RECORD. I cemetery located at Wesley Chapel. ‘‘My job was to help him set up places and heartily congratulate Birmingham- A charter member of the Florence Business times to give out the vaccine and to let peo- Southern Coach Duane Reboul and all and Professional Women’s club, she has ple know that it was free,’’ she said. ‘‘Since his players for their hard work, team served the club as president, secretary, I was a member of the BPW Club, I solicited spirit, winning attitude, and overall treasurer, district director and member of the club’s help in promoting this cause.’’ class. They are the epitome of cham- the state board. For six years, she was chair- She recalled that during the years she was pions. man of the BPW Santa Claus, securing gifts with the bank and clinic, there were few There being no objection, the article for mental hospitals. electrical machines. Abramson was once head of a BPW fund to ‘‘There were no electric typewriters, and was ordered to be printed in the secure a piano, stereo and speaker stand for computers were unknown,’’ she said. RECORD, as follows: Mitchell-Hollingsworth Annex. This was ac- ‘‘About that time, Florence was just [From the Birmingham Post-Herald, Mar. 21, complished when Dr. C.F. Lucky made a me- emerging into growth,’’ she added. ‘‘Working 1995] morial for his mother toward purchase of a in the bank, I knew all the attorneys in Flor- PANTHERS HIT PEAK: NAIA TITLE CROWNS piano. The club simply completed this ence at that time. Being in the customer- SEASON project. service department gave me a chance to During World War II, she wrote regularly know most of the patrons of the bank. In the (By Richard Scott) to all men from her church and places of em- 1940s, bank statements had not caught on, TULSA, OK.—It started with the lowest pre- ployment who were in service, and she sent and patrons brought their passbooks in to season expectations in six seasons under them small gifts. get employees to balance their bank books Coach Duane Reboul. ‘‘I love to do things for people,’’ Abramson for them.’’ It ended at the highest point in six years, said. ‘‘My parents, James Emmett and Annie When she married at age 49, she gave up with a national championship adding the B. Darby Young, were Christians. Mama said her professional career. perfect ending to a season of highs for the that if you do other people good and put ‘‘I just started another career,’’ she said. Birmingham-Southern Panthers. yourself last, you’ll come out on top.’’ Her husband was also an ardent church and The fifth-seeded Panthers continued their The various awards Abramson has received community worker. As a couple, they spent climb toward their peak performance last indicate that she listened to her mother. much time and effort serving both the night by reaching the pinnacie of NAIA bas- In 1960, the Florence Business and Profes- church and their community. He was one of ketball, beating 11th-seeded Pfeiffer 92-76 for sional Women’s Club named her Women of the planners and board members of the Cen- the title. the Year. tral Volunteer Fire Department, and she ‘‘It’s hard to put into words just how we In 1967, she received the first Special Cit- served as secretary. feel after what we’ve accomplished this year izen Award presented by the Muscle Shoals Abramson said that she and her husband and what we’ve overcome,’’ senior point Chamber of Commerce. The award was given had 19 happy years before his death Oct. 24, guard Tommy Dalley said. ‘‘If you ever want on Nov. 14, 1967, just 10 days before her mar- 1986. She still lives in their home at Central, to see what the word ‘team’ means, this is it. riage to Henry Benhart Abramson. The and she says that she is blessed with wonder- we’ve stepped up to meet every challenge.’’

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4684 CONGRESSIONAL RECORD — SENATE March 28, 1995 Despite being picked to finish fourth in the ‘‘The saddest part of all this is that it ends thousand, 682 dollars, and 1 cent. It’ll Southern States Conference preseason poll, tonight, no matter what,’’ he sad. ‘‘It’s been be even greater at closing time today. the Panthers (35–2) added their second James a great season.’’ A. Naismith national championship trophy A great season that ended at the top of the f in six years to a season that saw the Pan- peak. thers extend the nation’s longest winning SELF-EMPLOYED HEALTH f streak to 32 games, set a school record for INSURANCE COSTS DEDUCTION victories in a single season and go WAS CONGRESS IRRESPONSIBLE? Mr. HATCH. Mr. President, I rise undefeated in 14 conference games. THE VOTERS HAVE SAID ‘‘YES’’ But last night, the Panthers completed today to express my support for H.R. their seasoning ride toward their peak by Mr. HELMS. Mr. President, the enor- 831, a bill that will finally provide long- opening up a tight game with a 19–9 run the mous Federal debt, which has already promised relief for farmers and other final four minutes, 45 seconds of the game. soared into the stratosphere, is in self-employed taxpayers who must pay The Panthers also did it with a depth and about the same category as the weath- for their own health insurance ex- versatility that has been at the foundation er: Everybody talks about it but al- penses. I am very pleased that this of their success. While forward James Cason most nobody had undertaken to do measure passed the Senate on Friday. had 27 points and 10 rebounds and earned the tournament most valuable player award, the anything about it—until, that is, im- And, I congratulate my colleagues on Panthers also got 16 points and eight re- mediately following the November both sides of the aisle for acting bounds from forward Paul Fleming, 14 points elections. promptly on this legislation. off the bench from forward Eddie Walter When the 104th Congress convened in The 25-percent deduction for the (who sank six-of-seven shots), 10 each from January, the U.S. House of Representa- health insurance costs for the self-em- reserve guard Chris Armstrong and Dalley, tives promptly approved a balanced ployed and farmers expired on Decem- and seven points and 10 rebounds from Nigel budget amendment to the U.S. Con- ber 31, 1993. All during the long debate Coates. stitution. And in the Senate, while all on health care reform last year, both ‘‘Eddie Walter was everywhere with big plays, Fleming was slashing to the basket but one of the 54 Republicans supported Congress and the Clinton administra- and Nigel to the boards,’’ Raboul said. ‘‘It the balanced budget amendment, only tion in effect promised these taxpayers was everybody. It wasn’t just one player.’’ 13 Democrats supported it. Thus, the that, as part of the final bill, their de- The combination of eight quality players balanced budget amendment failed by ductions for health insurance costs seeing at least 11 minutes each proved to be one vote—but there’ll be another vote would be reinstated and made perma- too much for Pfeiffer (25–8), especially down on it later this year or next year. nent. When our efforts to forge a work- the stretch. This episode—the one-vote loss in the able health care reform package broke BSC opened the game with its most uncer- tain half of the tournament and trailed by Senate—emphasizes the fact that too down last year, so did our promise to four, 36–32, with 3:46 left in the half. many politicians talk a good game, extend the health insurance deduction. Despite 10 first-half turnovers, the Pan- when they are back home, about bring- Unfortunately, this congressional in- thers still managed to take a 45–43 lead into ing Federal deficits and the Federal action has left over 3 million taxpayers halftime when Walter scored on a three- debt under control. But then they come in a tight spot with respect to their point play with 48.1 seconds left and hit back to Washington and vote in sup- 1994 tax returns. Over 60,000 of these Cason with a lob for a layup with 5.4 seconds port of bloated spending bills rolling taxpayers are in my home State of to go. Walter also helped BSC get off to a good through the Senate. Utah. Because of our repeated promises start in the second half with a three-point As of the close of business yesterday, to extend the deduction to cover 1994, shot that put BSC up 50–45 at 17:28. Monday, March 27, the Federal debt many of these taxpayers have held off Then the Panthers finally hit their first stood, down to the penny, at exactly the filing of their 1994 tax returns. This spurt. After a Pfeiffer basket, Dalley got $4,847,680,358,682.01. This debt, remem- is because if the extension is enacted, BSC going with two strong assists, hitting ber, was run up by the Congress of the they can deduct a portion of their 1994 Armstrong cutting to the basket for a layup United States. health insurance costs and thus lower and then feeding Fleming under the basket The Founding Fathers decreed that their tax bill for the year. However, if for another layup. When Marvin Graves’ three-pointer rolled in and out for Pfeiffer, the big-spending bureaucrats in the ex- the bill is not enacted until after the Armstrong nailed a 24-footer from the top of ecutive branch of the U.S. Government due date for filing 1994 tax returns, the key for a 57–47 lead and a Pfeiffer time- must never be able to spend even a April 17, 1995, all of these taxpayers out at 13:28. dime unless and until authorized and will have to file amended tax returns. When the Falcons cut BSC’s lead to 65–60, appropriated by the U.S. Congress. The Each day that passes without final Walter came through with another big play. U.S. Constitution is quite specific action on this bill means thousands of This time, he out-leaped a taller opponent about that, as every schoolboy is sup- taxpayers will be subject to the extra for what seemed to be an impossible rebound and fed Damon Wilcox for a layup on the way posed to know. time, expense, and bother of filing an down. Then he rebounded a Dailey miss and So, don’t be misled by politicians amended return. This is because many put it back to put the lead back at 10, 71–61, who falsely declare that the Federal self-employed taxpayers do not want to at 7:24. debt was run up by some previous wait for the last minute to file their But with 5:05 left, the Falcons still trailed President. These passing-the-buck dec- tax return. Sometimes it seems that by just six, 73–67, and the Panthers needed larations are false because, as I said only Congress waits until the last one of those knockout punches they have earlier, the Congress of the United minute to do important things. used to put opponents away all season. ‘‘The first half was a war,’’ Reboul said, States is the culprit. The Senate and Many taxpayers have already had to ‘‘but we had a few more players than they the House of Representatives have been file their returns. We have already did and I think that took its toll.’’ the big spenders for the better part of missed the deadline for those taxpayers Fleming drew the first blood, with a drive 50 years. who are engaged in the business of for a three-point play and a 75–67 lead at 4:21. Mr. President, most citizens cannot farming or ranching. Because of the es- Then another drive by Fleming led to a 78–67 conceive of a billion of anything, let timated payment rules, those tax- lead at 4:21. alone a trillion. It may provide a bit of payers face a practical deadline of On Pfeiffer’s next trip down the floor, perspective to bear in mind that a bil- March 1 for their tax returns. There- Dalley came upon with a loose ball and hit Walter downcourt with a long bomb. Walter lion seconds ago, the Cuban missile cri- fore, many thousands of taxpayers are could have taken it in himself but he have up sis was in progress. A billion minutes already facing the prospect of filing an to Cason for an uncontested dunk and BSC’s ago, the crucifixion of Jesus Christ had amended tax return, because of slow largest lead, 80–67, at 3:49. occurred a few years previously. congressional action. ‘‘I thought they played with great effort, Which sort of puts it in perspective— In case some of our colleagues mis- great energy and great enthusiasm,’’ Reboul does it not?—that it was Congress that takenly believe that filing an amended said. ‘‘The game was tight and we realized it, ran up this incredible Federal debt to- tax return is merely a minor inconven- but one thing we’ve had all year long is com- petitors.’’ taling 4,847 of those billions—of dollars. ience, Mr. President, let me mention a The way the Panthers played during the In other words, the Federal debt, as I couple of facts that may clarify this. final five minutes brought back something said earlier, stood this morning at 4 First off, we need to recognize that fil- Reboul said just minutes before the game. trillion, 847 billion, 680 million, 358 ing an amended tax return is no simple

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4685 affair for the those who are intimi- to consider this bill in an expedited this matter to the floor under an agree- dated by IRS tax forms, and who is manner and to keep it clean of all ment that lets us move this bill quick- not? There is a special form, called amendments. This shows that my col- ly. This is what our constituents want Form 1040X, which comes with its own leagues agree that, in the midst of and this is what makes the most sense special instructions, that is used for many important issues, enacting this from a tax policy point of view. making corrections to a previously bill as soon as possible to avoid extra filed tax return. Getting one of these time, hassle, and expense for these tax- f forms usually requires a trip to the payers, stands out as the most impor- INDIAN SOCIAL SERVICES BLOCK post office or library. This form is tant priority today. I congratulate GRANTS much different than the normal Form Senator DOLE for his leadership and all 1040. Filling it out requires time and ef- of my colleagues for their bipartisan- Mr. BAUCUS. Mr. President, S. 285 fort in reading and understanding the ship and forbearance in attempting to would bring some fairness to our Fed- instructions. In essence, the taxpayer amend this bill. eral social services program by setting must recompute his or her tax after in- I especially want to thank those Sen- aside 3 percent of the Federal title 20 cluding the deduction for the health ators who have expressed major res- social services block grant funds to be care insurance. This can be com- ervations with the revenue offsets con- used solely by native American tribes plicated and confusing. tained in the bill for agreeing to the and tribal organizations. This change As all of my colleagues know, many unanimous-consent agreement. Like would provide tribes with a badly need- taxpayers do not even bother to fill out most bills considered by Congress, this ed $84 million annually for social serv- their own tax returns. They have con- one is far from perfect. H.R. 831 in- ices; including special education, reha- cluded that our tax system is so com- cludes some particularly interesting, bilitation, aid to disadvantaged chil- plex and intimidating that they pay though controversial, provisions that dren, legal support, and developmental professionals to prepare their returns have been included to offset the rev- disabilities. for them. These taxpayers face an addi- enue loss associated with extending Mr. President, this change must be tional burden beyond the hassle of hav- and making permanent the deduction made. There is ample evidence that ing to go find a Form 1040X and learn- for health insurance expenses. many States are not treating native ing how to fill it in. They must go back Indeed, I have my own concerns Americans fairly when allocating title to their tax preparer and have him or about two of these provisions. First, I 20 funds. A recent report by the inspec- her file the amended return. This am not pleased with the portion of the tor general of the Department of means additional cost. bill that retroactively repeals section Health and Human Services found un- And, frankly, the processing of 1071 of the Internal Revenue Code, deal- fair treatment of native Americans by amended returns is not free for the IRS ing with minority tax certificates for the States to be pervasive, with 15 of either. It just seems sensible to me the sale of broadcast or cable facilities. the 24 States with large native Amer- that Congress get this legislation I recognize that many of our colleagues ican populations allocating no title 20 passed in a timely fashion. believe that this provision represented funds to tribes from 1989 to 1993. Not only does H.R. 831 take care of an unwarranted tax benefit, or even a Why have native Americans been de- the deduction for 1994, it also makes huge loophole, that needed to be retro- nied funds that we have appropriated? the deduction permanent at 30 percent. actively closed. However, by setting In part, this is because the Federal This is an important feature of the bill the effective date of the repeal of sec- Government gives all title 20 funds di- and positive move toward better tax tion 1071 to a date prior to the date of rectly to State governments instead of policy. I have long been troubled by enactment of this bill, we will cause a awarding part of the funds to tribes. Congress’ tendency toward making cer- handful of taxpayers who had con- Moreover, States are neither required tain tax provisions temporary. Tem- summated or nearly consummated nor encouraged to share funds with porary tax provisions make for poor transactions in full reliance on the law tribes as a condition of receiving title tax policy, plain and simple. They also to suffer financial setbacks. I do not 20 funding. This is one case where ‘‘giv- increase taxpayer cynicism for Con- believe that this is fair. Nevertheless, ing money to the States’’ adds another gress. By making the deduction perma- Mr. President, because the greater need step of bureaucracy. nent, H.R. 831 will increase taxpayers’ of immediately taking care of the long- There are few places in America confidence in our tax system and assist promised health insurance deduction where the need for social services is them in planning. for millions of self-employed taxpayers greater then in Indian country. Yet I am also glad to see that the Fi- outweighs the fairness concern for a these needs are obviously not being nance Committee was able to increase handful of taxpayers, I did not attempt met. The tribal counsels of the Crow, the percentage of the deduction from 25 to change this bill in the Finance Com- Northern Cheyenne, Fort Peck, Fort to 30 percent. However, we must not mittee. Belknap, Rocky Boy, Blackfeet, and forget that our ultimate goal for this I am also less than satisfied that the Flathead Indian Reservations in Mon- deduction should be to increase it to provisions dealing with taxing those tana have expressed their frustrations 100 percent. This is a matter of fair- who renounce their U.S. citizenship are to me. We have a trust responsibility ness, Mr. President. The fact of the the best that we could do. The Finance to see that the needs of our first Amer- matter is that our tax system discrimi- Subcommittee on Taxation held a icans are met; that the men, women, nates against the self-employed, in hearing on this issue this week, and we and children living too often in poverty that individuals who work for corpora- heard a great deal of concern from the on Indian reservations are given an op- tions as employees are allowed to to- witnesses that this provision should be portunity to help themselves. tally exclude 100 percent of their em- changed to ensure fairness and consist- In recent years, Federal funding for ployer-provided health insurance. This ency with sound tax policy. Again, be- tribes has fallen significantly. In 1993, is equivalent to a 100-percent deduc- cause of the necessity of moving this 471 of the 542 federally recognized tion. Why should a worker who takes bill toward final passage in the fastest tribes received no child welfare funding risks by creating a business and work- possible manner, I have withheld from under title IV–B because the eligibility ing for himself or herself be penalized offering any amendments to improve criteria and award formulas effectively by only being able to deduct a portion this provision. As this bill goes to con- exclude many tribes. Furthermore, al- of his or her health care expenses? Our ference with the House, I would urge though the Bureau of Indian Affairs in tax code should encourage entrepre- the conferees to see if improvements the Department of the Interior pro- neurship, not discourage it. So, I hope can be made, so long as those improve- vides the largest amount of Federal we can increase the percentage of de- ments do not delay enactment of the funding for tribal child welfare serv- ductibility up to 100 percent later this bill. ices, the Indian Child Welfare Act, for year. In conclusion, Mr. President, I again example, does not assign to any Fed- Mr. President, I am most pleased want to thank the leaders and our col- eral agency the responsibility for as- that the majority leader was able to leagues for showing a great deal of suring State compliance with its re- gain a unanimous-consent agreement leadership and restraint in bringing quirements.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4686 CONGRESSIONAL RECORD — SENATE March 28, 1995 It is time to change our policy and There being no objection, the achievement and wish them many provide direct funding to tribes under editional was ordered to be printed in more years of success in the classroom. title 20. the RECORD, as follows: f f GLENN CARBERRY’S TALENTS—THIS NORWICH ATTORNEY HAS DEVELOPED A CLEAR VISION RECOGNITION OF GLENN T. OF HOW SOCIAL, ECONOMIC PROGRESS DE- CONCLUSION OF MORNING CARBERRY, NORWICH CITIZEN PEND ON REGIONAL COOPERATION BUSINESS OF THE YEAR The Eastern Connecticut Chamber of Com- The PRESIDING OFFICER. Morning Mr. DODD. Mr. President, I rise to merce recognized a real go-getter in choos- business is closed. extend my warm congratulations to at- ing attorney Glenn Carberry as citizen of the torney Glenn T. Carberry, of Norwich, year. The award speaks most directly to his f CT, who was recently named Citizen of championing the successful effort to attract the Year by the Eastern Connecticut the Norwich Navigators’ Yankee baseball REGULATORY TRANSITION ACT team, but Mr. Carberry deserves the award Chamber of Commerce. The PRESIDING OFFICER. Under A long-time community and political for more important reasons. He has committed his considerable talents the previous order, the Senate will now activist in Norwich, Glenn has served as a lawyer, politician and economic-devel- proceed to the consideration of S. 219, as vice chairman and economic devel- opment specialist to shape a regional sense the Regulatory Transition Act of 1995, opment chairman of the chamber, fund- of community. which the clerk will report. raising chairman of the American Can- He understood early on what others only The legislative clerk read as follows: recently have learned and what still others cer Society, and director of the Nor- A bill (S. 219) to ensure economy and effi- have yet to understand; that economic devel- wich Lion’s Club. Glenn, managing ciency of Federal Government operations by opment is regional. More than that point, partner of the New London law firm establishing a moratorium on regulatory however, Mr. Carberry knows that the bene- Tobin, Levin, Carberry & O’Malley, has rulemaking actions, and for other purposes. also served on numerous civic commit- fits of an orderly society that prospers and offers opportunity to a broad range of citi- The Senate proceeded to consider the tees and boards, including the Mohegan zens happen only when people understate bill which had been reported from the Park Advisory Committee, the Eastern their differences and recognize their similar- Committee on Governmental Affairs, Connecticut Housing Opportunities ities. with an amendment to strike all after Commission, and the United Commu- Mr. Carberry, who ran unsuccessfully for the enacting clause and inserting in nity Services Commission. Congress in the 2nd District, has served as an lieu thereof the following: The best example of Glenn’s commit- adviser to the Rowland campaign and admin- ment to the community was his leader- istration, on the Otis Library Board, in ef- SECTION 1. SHORT TITLE. forts to provide housing through several This Act may be cited as the ‘‘Regulatory ship of a successful community-wide Transition Act of 1995’’. effort to bring the minor league Albany agencies, and as an active member of the chamber in Norwich. SEC. 2. FINDING. Yankees to Norwich. As an avid base- The Eastern Connecticut Chamber will The Congress finds that effective steps for ball fan, Glenn studied the history of honor him at a dinner April 7 at the Ramada improving the efficiency and proper manage- minor league baseball and envisioned Hotel in Norwich. Perhaps the most fitting ment of Government operations will be pro- enormous potential for a new Con- tribute to this impressive young man, how- moted if a moratorium on certain significant necticut team. For months, he worked ever, would be continued efforts to form a re- regulatory actions is imposed and an inven- tirelessly to turn his dream into re- gional organization that merges the Eastern tory of such actions is conducted. ality. Securing permits and garnering Chamber with the Southeastern Connecticut SEC. 3. MORATORIUM ON REGULATIONS. financial support from State and com- Chamber of Commerce in New London. (a) MORATORIUM.—During the moratorium munity leaders, Glenn was the key to Such a chamber would exemplify the pro- period, a Federal agency may not take any gressive thinking and regional outlook that significant regulatory action, unless per- the project’s success. The team, now has made Mr. Carberry a leader for progress known as the Norwich Navigators, will mitted under section 5. Beginning 30 days in this area. after the date of enactment of this Act, the officially open its first season in Con- f effectiveness of any significant regulatory necticut on April 17 at the Thomas action taken during the moratorium period Dodd Memorial Stadium. CONGRATULATING RICO TYLER but before the date of the enactment shall be As a result of Glenn’s efforts, thou- AND CYNTHIA HILL-LAWSON suspended until the end of the moratorium, sands of families will have the oppor- Mr. FORD. Mr. President, I am unless an exception is provided under section tunity to see the Norwich Navigators 5. pleased to have this opportunity today in action. In addition to its entertain- (b) INVENTORY OF RULEMAKING.—Not later to recognize Rico Tyler and Cynthia ment value, the Navigators and the than 30 days after the date of enactment of Hill-Lawson, two secondary school team’s new stadium have already had a this Act, and on a monthly basis thereafter, tremendous and long-lasting impact on teachers from the Commonwealth of the Administrator of the Office of Informa- tion and Regulatory Affairs within the Office the regional economy. Hundreds of con- Kentucky who were recently presented with Presidential Awards for Excel- of Management and Budget shall conduct an struction jobs have been filled, and inventory and publish in the Federal Reg- hundreds more service-related posi- lence in Science and Mathematics Teaching. ister a list of all significant regulatory ac- tions will be created in the coming tions covered by subsection (a), identifying months. Eastern Connecticut also ex- As you may know, the Presidential those which have been granted an exception pects the tourism industry and local Awards for Excellence in Science and as provided under section 5. small businesses to expand and prosper Mathematics Teaching Program was SEC. 4. SPECIAL RULE ON STATUTORY, REGU- because of the team. established over a decade age to recog- LATORY AND JUDICIAL DEADLINES. In keeping with the tradition of the nize and reward outstanding teachers (a) IN GENERAL.—Any deadline for, relating Eastern Connecticut Chamber of Com- and to encourage high-quality edu- to, or involving any action dependent upon, merce, Glenn has wholeheartedly cators to enter and remain in the any significant regulatory action prohibited or suspended under section 3 is extended for championed the economic interests of teaching field. Both Rico, in his work with the astronomy program at Frank- 5 months or until the date occurring 5 eastern Connecticut. Through his advo- months after the end of the moratorium pe- cacy of economic growth and com- lin-Simpson High School, and Cynthia, riod, whichever is later. merce, he has provided a wonderful ex- who teaches math at Beaumont Middle (b) DEADLINE DEFINED.—The term ‘‘dead- ample of citizenship and community School in Lexington, have dem- line’’ means any date certain for fulfilling responsibility. He is a tremendous onstrated that they are committed to any obligation or exercising any authority asset to Norwich and the entire State providing a quality education to their established by or under any Federal statute of Connecticut. Without question, students. I am very proud of them—as or regulation, or by or under any court order Glenn Carberry is the Citizen of the I am sure their friends, colleagues and implementing any Federal statute or regula- family are—for they represent the tri- tion. Year. (c) IDENTIFICATION OF POSTPONED DEAD- I ask unanimous consent that an edi- umphs in our educational system that LINES.—Not later than 30 days after the date torial from the New London Day on often go unheralded. of enactment of this Act, the Administrator Glenn Carberry be printed at this point Again, Mr. President, I congratulate of the Office of Information and Regulatory in the RECORD. Rico and Cynthia for this tremendous Affairs within the Office of Management and

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4687 Budget shall identify and publish in the Fed- priorities, or the principles set forth in Exec- or camping, if a Federal law prohibits such eral Register a list of deadlines covered by utive Order 12866; or activity in the absence of agency action; or subsection (a). (B)(i) withdraws or restricts recreational, (L) the granting of an application for or SEC. 5. EXCEPTIONS. subsistence, or commercial use of any land issuance of a license, registration, or similar (a) IN GENERAL.—Except as provided in under the control of a Federal agency, except authority, granting or recognizing an exemp- subsection (b), section 3(a) or 4(a), or both, for those actions described under paragraph tion, granting a variance or petition for re- shall not apply to a significant regulatory (4) (K) and (L); or lief from a regulatory requirement, or other action if— (ii) is taken to carry out— action relieving a restriction, or taking any (1) the head of a Federal agency otherwise (I) the Interagency Memorandum of Agree- action necessary to permit new or improved authorized to take the action submits a writ- ment Concerning Wetlands Determinations applications of technology or allow manufac- ten request to the President, and a copy for Purposes of Section 404 of the Clean ture, distribution, sale, or use of a substance thereof to the appropriate committees of Water Act and Subtitle B of the Food Secu- or product. each house of the Congress; rity Act (59 Fed. Reg. 2920) (referred to in (5) LICENSE.—The term ‘‘license’’ means (2) the President finds, in writing, the ac- this clause as the ‘‘Memorandum of Agree- the whole or part of an agency permit, lease, tion is— ment’’); or certificate, approval, registration, charter, (A) necessary because of an imminent (II) any method of delineating wetlands membership, statutory exemption, or other threat to human health or safety or other based on the Memorandum of Agreement for form of permission, including any such form emergency; purposes of carrying out subtitle C of title of permission relating to hunting and fish- (B) necessary for the enforcement of crimi- XII of the Food Security Act of 1985 (16 ing. nal laws; U.S.C. 3821 et seq.) or section 404 of the Fed- (6) PUBLIC PROPERTY.—The term ‘‘public (C) related to a regulation that has as its eral Water Pollution Control Act (33 U.S.C. property’’ means all property under the con- principal effect fostering economic growth, 1344). trol of a Federal agency, other than land. repealing, narrowing, or streamlining a rule, (4) RULE; GUIDANCE; OR GUIDELINES.—The SEC. 7. EXCLUSIONS. regulation, administrative process, or other- terms ‘‘rule’’, ‘‘guidance’’, or ‘‘guideline’’ This Act shall not apply to any significant wise reducing regulatory burdens; mean the whole or a part of an agency state- regulatory action that establishes or en- (D) issued with respect to matters relating ment of general or particular applicability forces any statutory rights that prohibit dis- to military or foreign affairs or inter- and future effect designed to implement, in- crimination on the basis of race, religion, national trade; terpret, or prescribe law or policy. Such sex, age, national origin, handicap, or dis- (E) principally related to agency organiza- term shall not include— ability status. tion, management, or personnel; (A) the approval or prescription, including SEC. 8. CIVIL ACTION. (F) a routine administrative action, or on a case-by-case or consolidated case basis, No determination under this Act or agency principally related to public property, loans, for the future of rates, wages, corporate or interpretation under section 6(4) shall be grants, benefits, or contracts; financial structures or reorganization there- subject to adjudicative review before an ad- (G) limited to matters relating to nego- of, prices, facilities, appliances, services or ministrative tribunal or court of law. tiated rulemaking carried out between In- allowances therefor or of valuations, costs, SEC. 9. SEVERABILITY. dian tribes and the applicable agency under or accounting, or practices bearing on any of the Indian Self-Determination Act Amend- the foregoing; (a) APPLICABILITY.—This Act shall apply ments of 1994 (Public Law 103-413; 108 Stat. (B) any action taken in connection with notwithstanding any other provision of law. 4250); or the implementation of monetary policy or to (b) SEVERABILITY.—If any provision of this (H) limited to interpreting, implementing, ensure the safety and soundness of federally Act, or the application of any provision of or administering the internal revenue laws insured depository institutions, any affiliate this Act to any person or circumstance, is of the United States; and of such an institution, credit unions, the held invalid, the application of such provi- (3) the Federal agency head publishes the Federal Home Loan Banks, or Government sion to other persons or circumstances, and finding in the Federal Register. sponsored housing enterprises, or to protect the remainder of this Act, shall not be af- (b) INAPPLICABILITY OF EXCEPTIONS.—The the Federal deposit insurance funds; fected thereby. authority provided under subsection (a) shall (C) any action taken to ensure the safety Mr. NICKLES addressed the Chair. not apply to any action described under sec- and soundness of a Farm Credit System in- The PRESIDING OFFICER. The Sen- tion 6(B)(ii). stitution or to protect the Farm Credit In- ator from Oklahoma is recognized. SEC. 6. DEFINITIONS. surance Fund; AMENDMENT NO. 410 For purposes of this Act— (D) any action taken in connection with (1) FEDERAL AGENCY.—The term ‘‘Federal the reintroduction of non-essential experi- (Purpose: To ensure economy and efficiency agency’’ means any ‘‘agency’’ as that term is mental populations of wolves before the date of Federal Government operations by es- defined in section 551(1) of title 5, United of the enactment of this Act; tablishing a moratorium on regulatory States Code (relating to administrative pro- (E) any action by the Environmental Pro- rulemaking actions, and for other pur- cedure). tection Agency that would protect the public poses) (2) MORATORIUM PERIOD.—The term ‘‘mora- from exposure to lead from house paint, soil, Mr. NICKLES. Mr. President, on be- torium period’’ means that period of time be- or drinking water; half of myself and Senators REID, ginning November 9, 1994, and ending on De- (F) any action to provide compensation to BOND, and HUTCHISON, I send an amend- cember 31, 1995, unless an Act of Congress Persian Gulf War veterans for disability ment to the desk and ask for its imme- provides an earlier termination date for such from undiagnosed illnesses, as provided diate consideration. period. under the Persian Gulf War Veterans’ Bene- (3) SIGNIFICANT REGULATORY ACTION.—The fits Act (title I of Public Law 103–446; 108 The PRESIDING OFFICER. The term ‘‘significant regulatory action’’ means Stat. 4647) and the amendments made by clerk will report. any action that— that Act; The legislative clerk read as follows: (A)(i) consists of the issuance of any sub- (G) any action to improve aircraft safety, The Senator from Oklahoma [Mr. NICK- stantive rule, interpretative rule, statement including such an action to improve the air- LES], for himself, Mr. REID, Mr. BOND and of agency policy, guidance, guidelines, or no- worthiness of aircraft engines; Mrs. HUTCHISON, proposes an amendment tice of proposed rulemaking; and (H) any action that would upgrade safety numbered 410. (ii) the Administrator of the Office of In- and training standards for commuter airlines formation and Regulatory Affairs within the to the standards of major airlines; Mr. NICKLES. Mr. President, I ask Office of Management and Budget finds— (I) the promulgation of any rule or regula- unanimous consent that the reading of (I) has an annual effect on the economy of tion relating to aircraft overflights on na- the amendment be dispensed with. $100,000,000 or more or adversely affects in a tional parks by the Secretary of Transpor- The PRESIDING OFFICER. Without material way the economy, a sector of the tation or the Secretary of the Interior pursu- objection, it is so ordered. economy, productivity, competition, jobs, ant to the procedures specified in the ad- The amendment is as follows: the environment, public health or safety, or vanced notice of proposed rulemaking pub- Strike out all after the enacting clause and State, local, or tribal governments or com- lished on March 17, 1994, at 59 Fed. Reg. 12740 insert in lieu thereof the following: munities; et seq., except that this subparagraph shall (II) creates a serious inconsistency or oth- not apply to any such overflight in the State SECTION 1. SHORT TITLE. erwise interferes with an action taken or of Alaska; This Act may be cited as the ‘‘Regulatory planned by another agency; (J) any clarification of existing respon- Transition Act of 1995’’. (III) materially alters the budgetary im- sibilities regarding highway safety warning SEC. 2. FINDING. pact of entitlements, grants, user fees, or devices; The Congress finds that effective steps for loan programs or the rights and obligations (K) any action that establishes, modifies, improving the efficiency and proper manage- of recipients thereof; or opens, closes, or conducts a regulatory pro- ment of Government operations will be pro- (IV) raises novel legal or policy issues aris- gram for a commercial, recreational, or sub- moted if a moratorium on the effectiveness ing out of legal mandates, the President’s sistence activity relating to hunting, fishing, of certain significant final rules is imposed

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4688 CONGRESSIONAL RECORD — SENATE March 28, 1995 in order to provide Congress an opportunity the Congress adjourns sine die through the (A) the Congress receives the report sub- for review. date on which the succeeding Congress first mitted under section 3(a)(1); or SEC. 3. MORATORIUM ON REGULATIONS; CON- convenes, section 4 shall apply to such rule (B) the rule is published in the Federal GRESSIONAL REVIEW. in the succeeding Congress. Register. (a) REPORTING AND REVIEW OF REGULA- REATMENT UNDER SECTION 4 (2) T .— (c) DISCHARGE.—If the committee to which TIONS.— (A) In applying section 4 for purposes of is referred a resolution described in sub- (1) REPORTING TO CONGRESS.— such additional review, a rule described section (a) has not reported such resolution (A) Before a rule can take effect as a final under paragraph (1) shall be treated as (or an identical resolution) at the end of 20 rule, the Federal agency promulgating such though— calendar days after the submission or publi- rule shall submit to each House of the Con- (i) such rule were published in the Federal cation date defined under subsection (b)(2), gress a report containing— Register (as a rule that shall take effect as such committee may be discharged by the (i) a copy of the rule; a final rule) on the 15th session day after the Majority Leader of the Senate or the Major- (ii) a concise general statement relating to succeeding Congress first convenes; and ity Leader of the House of Representatives, the rule; (ii) a report on such rule were submitted to as the case may be, from further consider- (iii) the proposed effective date of the rule; Congress under subsection (a)(1) on such ation of such resolution and such resolution and date. shall be placed on the appropriate calendar (iv) a complete copy of the cost-benefit (B) Nothing in this paragraph shall be con- of the House involved. analysis of the rule, if any. strued to affect the requirement under sub- (B) Upon receipt, each House shall provide section (a)(1) that a report must be sub- (d) FLOOR CONSIDERATION.— copies to the Chairman and Ranking Member mitted to Congress before a final rule can (1) IN GENERAL.—When the committee to of each committee with jurisdiction. take effect. which a resolution is referred has reported, (2) EFFECTIVE DATE OF SIGNIFICANT RULES.— (3) ACTUAL EFFECTIVE DATE NOT AF- or when a committee is discharged (under A significant rule relating to a report sub- FECTED.—A rule described under paragraph subsection (c)) from further consideration of, mitted under paragraph (1) shall take effect (1) shall take effect as a final rule as other- a resolution described in subsection (a), it is as a final rule, the latest of— wise provided by law (including other sub- at any time thereafter in order (even though (A) the later of the date occurring 45 days sections of this section). a previous motion to the same effect has after the date on which— (e) TREATMENT OF RULES ISSUED BEFORE been disagreed to) for a motion to proceed to (i) the Congress receives the report sub- THIS ACT.— the consideration of the resolution, and all mitted under paragraph (1); or (1) OPPORTUNITY FOR CONGRESSIONAL RE- points of order against the resolution (and (ii) the rule is published in the Federal VIEW.—The provisions of section 4 shall apply against consideration of resolution) are Register; to any significant rule that is published in waived. The motion is not subject to amend- (B) if the Congress passes a joint resolution the Federal Register (as a rule that shall ment, or to a motion to postpone, or to a of disapproval described under section 4 re- take effect as a final rule) during the period motion to proceed to the consideration of lating to the rule, and the President signs a beginning on November 20, 1994, through the other business. A motion to reconsider the veto of such resolution, the earlier date— date on which this Act takes effect. vote by which the motion is agreed to or dis- (i) on which either House of Congress votes (2) TREATMENT UNDER SECTION 4.—In apply- agreed to shall not be in order. If a motion and fails to override the veto of the Presi- ing section 4 for purposes of Congressional to proceed to the consideration of the resolu- dent; or review, a rule described under paragraph (1) tion is agreed to, the resolution shall remain (ii) occurring 30 session days after the date shall be treated as though— the unfinished business of the respective on which the Congress received the veto and (A) such rule were published in the Federal House until disposed of. objections of the President; or Register (as a rule that shall take effect as (2) DEBATE.—Debate on the resolution, and (C) the date the rule would have otherwise a final rule) on the date of the enactment of on all debatable motions and appeals in con- taken effect, if not for this section (unless a this Act; and nection therewith, shall be limited to not joint resolution of disapproval under section (B) a report on such rule were submitted to more than 10 hours, which shall be divided 4 is enacted). Congress under subsection (a)(1) on such equally between those favoring and those op- (3) EFFECTIVE DATE FOR OTHER RULES.—Ex- date. posing the resolution. A motion further to cept for a significant rule, a rule shall take (3) ACTUAL EFFECTIVE DATE NOT AF- limit debate is in order and not debatable. effect as otherwise provided by law after sub- FECTED.—The effectiveness of a rule de- An amendment to, or a motion to postpone, mission to Congress under paragraph (1). scribed under paragraph (1) shall be as other- or a motion to proceed to the consideration (b) TERMINATION OF DISAPPROVED RULE- wise provided by law, unless the rule is made of other business, or a motion to recommit MAKING.—A rule shall not take effect (or con- of no force or effect under section 4. the resolution is not in order. (f) NULLIFICATION OF RULES DISAPPROVED tinue) as a final rule, if the Congress passes (3) FINAL PASSAGE.—Immediately following BY CONGRESS.—Any rule that takes effect a joint resolution of disapproval described the conclusion of the debate on a resolution and later is made of no force or effect by the under section 4. described in subsection (a), and a single enactment of a joint resolution under sec- (c) PRESIDENTIAL WAIVER AUTHORITY.— quorum call at the conclusion of the debate (1) PRESIDENTIAL DETERMINATIONS.—Not- tion 4 shall be treated as though such rule had never taken effect. if requested in accordance with the rules of withstanding any other provision of this sec- the appropriate House, the vote on final pas- tion (except subject to paragraph (3)), a rule (g) NO INFERENCE TO BE DRAWN WHERE RULES NOT DISAPPROVED.—If the Congress sage of the resolution shall occur. that would not take effect by reason of this does not enact a joint resolution of dis- (4) APPEALS.—Appeals from the decisions Act may take effect, if the President makes approval under section 4, no court or agency of the Chair relating to the application of a determination under paragraph (2) and sub- may infer any intent of the Congress from the rules of the Senate or the House of Rep- mits written notice of such determination to any action or inaction of the Congress with resentatives, as the case may be, to the pro- the Congress. regard to such rule, related statute, or joint cedure relating to a resolution described in (2) GROUNDS FOR DETERMINATIONS.—Para- resolution of disapproval. subsection (a) shall be decided without de- graph (1) applies to a determination made by SEC. 4. CONGRESSIONAL DISAPPROVAL PROCE- bate. the President by Executive order that the DURE. REATMENT IF OTHER HOUSE HAS rule should take effect because such rule is— (e) T (a) JOINT RESOLUTION DEFINED.—For pur- ACTED.—If, before the passage by one House (A) necessary because of an imminent poses of this section, the term ″joint of a resolution of that House described in threat to health or safety or other emer- resolution″ means only a joint resolution in- subsection (a), that House receives from the gency; troduced after the date on which the report other House a resolution described in sub- (B) necessary for the enforcement of crimi- referred to in section 3(a) is received by Con- section (a), then the following procedures nal laws; or gress the matter after the resolving clause of shall apply: (C) necessary for national security. which is as follows: ‘‘That Congress dis- (1) NONREFERRAL.—The resolution of the (3) WAIVER NOT TO AFFECT CONGRESSIONAL approves the rule submitted by the ll re- other House shall not be referred to a com- DISAPPROVALS.—An exercise by the President lating to , and such rule shall have no ll mittee. of the authority under this subsection shall force or effect.’’ (The blank spaces being ap- (2) FINAL PASSAGE.—With respect to a reso- have no effect on the procedures under sec- propriately filled in.) lution described in subsection (a) of the tion 4 or the effect of a joint resolution of (b) REFERRAL.— House receiving the resolution— disapproval under this section. –– (1) IN GENERAL.—A resolution described in (d) TREATMENT OF RULES ISSUED AT END OF paragraph (1) shall be referred to the com- (A) the procedure in that House shall be CONGRESS.— mittees in each House of Congress with juris- the same as if no resolution had been re- (1) ADDITIONAL OPPORTUNITY FOR REVIEW.— diction. Such a resolution may not be re- ceived from the other House; but In addition to the opportunity for review ported before the eighth day after its sub- (B) the vote on final passage shall be on otherwise provided under this Act, in the mission or publication date. the resolution of the other House. case of any rule that is published in the Fed- (2) SUBMISSION DATE.—For purposes of this (f) CONSTITUTIONAL AUTHORITY.—This sec- eral Register (as a rule that shall take effect subsection the term ‘‘submission or publica- tion is enacted by Congress— as a final rule) during the period beginning tion date’’ means the later of the date on (1) as an exercise of the rulemaking power on the date occurring 60 days before the date which— of the Senate and House of Representatives,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4689 respectively, and as such it is deemed a part implemented by the Board of Governors of But the bill that passed out of the Gov- of the rules of each House, respectively, but the Federal Reserve System or the Federal ernmental Affairs Committee applied applicable only with respect to the procedure Open Market Committee. only to significant. That would be sev- to be followed in that House in the case of a SEC. 10. EFFECTIVE DATE. resolution described in subsection (a), and it eral hundred, maybe 800 or 900 out of This Act shall take effect on the date of the 4,500, and then the Governmental supersedes other rules only to the extent the enactment of this Act and shall apply to that it is inconsistent with such rules; and any significant rule that takes effect as a Affairs Committee had several excep- (2) with full recognition of the constitu- final rule on or after such effective date. tions. tional right of either House to change the rules (so far as relating to the procedure of Mr. NICKLES. Mr. President, this is We had several exceptions when we that House) at any time, in the same man- an amendment that Senator REID and introduced the bill. I believe we had ner, and to the same extent as in the case of myself and several other Senators dis- eight exceptions: For imminent public any other rule of that House. cussed at length yesterday, so I do not health and safety; exceptions for ac- SEC. 5. SPECIAL RULE ON STATUTORY, REGU- think I have to go into too much de- tions that would streamline the proc- LATORY AND JUDICIAL DEADLINES. tail. ess and make Government work more (a) IN GENERAL.—In the case of any dead- But just to summarize what this line for, relating to, or involving any signifi- efficiently and effectively; exceptions cant rule which does not take effect (or the amendment would do, this amendment dealing with criminal statutes. effectiveness of which is terminated) because would provide for a 45-day congres- The Governmental Affairs Com- sional review of regulations—all regu- of the enactment of a joint resolution under mittee had a lot more exceptions. The section 4, that deadline is extended until the lations. Significant regulation would net result was, in my opinion, the bill date 12 months after the date of the joint have a moratorium. They would be sus- passed out of the Governmental Affairs resolution. Nothing in this subsection shall pended for 45 days. be construed to affect a deadline merely by Committee was a temporary morato- This would give Congress an expe- reason of the postponement of a rule’s effec- rium. It would only last until Congress dited procedure to where we could re- tive date under section 3(a). passed a comprehensive reform bill. My (b) DEADLINE DEFINED.—The term ‘‘dead- peal or reject those regulations if we line’’ means any date certain for fulfilling deem it necessary. We could reject any guess is we will probably do that in 2 or any obligation or exercising any authority of the regulations, whether they be sig- 3 months. So instead of having a year established by or under any Federal statute nificant or whether they be smaller moratorium as people anticipated, the or regulation, or by or under any court order bill said it would last until the end of implementing any Federal statute or regula- regulations. We also have a look back. We can the year or until Congress passed a tion. comprehensive regulatory reform bill. I SEC. 6. DEFINITIONS. look back at the significant regula- For purposes of this Act— tions that were enacted since Novem- think we will do that in a couple of (1) FEDERAL AGENCY.—The term ‘‘Federal ber 20, 1994, and have a chance to reject months. I hope we do. I think it is im- agency’’ means any ‘‘agency’’ as that term is or repeal those. Those regulations portant to do with cost-benefit anal- defined in section 551(1) of title 5, United would not be suspended. They would ysis and risk assessment. So my guess States Code (relating to administrative pro- still be in effect, but if Congress so de- is the temporary moratorium would cedure). sired, if we were successful in passing a only last a couple months. And then, (2) SIGNIFICANT RULE.—The term ‘‘signifi- like I said, it would apply not only to cant rule’’ means any final rule, issued after resolution of disapproval through both November 9, 1994, that the Administrator of Houses and if that resolution is signed significant regulations. The bill before the Office of Information and Regulatory Af- by the President, then those regula- us gives Congress an expedited proce- fairs within the Office of Management and tions would be repealed. dure to reject all regulations, whether Budget finds— Likewise, on any of the prospective significant or not. I think it is more (A) has an annual effect on the economy of regulations that might come out, we permanent, because we are talking $100,000,000 or more or adversely affects in a would have 45 days for an expedited about permanent statutory change. So material way the economy, a sector of the procedure, and if Congress passed a res- not only this Congress—not just for the economy, productivity, competition, jobs, next 100 days or for this year—but this the environment, public health or safety, or olution of disapproval, then those regu- State, local, or tribal governments or com- lations would be stopped. Of course, Congress and future Congresses will munities; again, the President would have the op- have the right and the responsibility, (B) creates a serious inconsistency or oth- portunity to veto that resolution and in my opinion, to not only review, but erwise interferes with an action taken or we would have the opportunity to over- to analyze these regulations and to re- planned by another agency; ride that veto. ject those that we find are too expen- (C) materially alters the budgetary impact Mr. President, I think this is good re- sive, reject those we find do not make of entitlement, grants, user fees, or loan pro- form. It is a substitute to the bill as re- sense. Again, it applies to all regula- grams or the rights and obligations of recipi- tions, not just to the significant ones. ents thereof; or ported out of the Governmental Affairs (D) raises novel legal or policy issues aris- Committee. I think, frankly, in my I think it is an improvement on the ing out of legal mandates, the President’s opinion, it is a significant improve- bill as reported out of the Govern- priorities, or the principles set forth in Exec- ment. I was a sponsor of the bill that mental Affairs Committee. I thank utive Order 12866. came out of the Governmental Affairs Senator ROTH and other colleagues for (3) FINAL RULE.—The term ‘‘final rule’’ Committee. We had 36 cosponsors. That means any final rule or interim final rule. As their work on that. I know it was not is the so-called reg moratorium. an easy markup in conference. used in this paragraph, ‘‘rule’’ has the mean- Some of my colleagues have labeled ing given such term by section 551 of title 5, I think the substitute we have today, United States Code. that bill draconian, they say it will be which is supported by Senators DOLE, SEC. 7. CIVIL ACTION. a disaster, so on. My final analysis was ROTH, and several others, is a better An Executive order issued by the President that bill would not do very much be- under section 3(c), and any determination cause the bill, as reported to the substitute for another reason. It is bi- under section 3(a)(2), shall not be subject to House, pertained to all regulations partisan. I want to compliment Sen- judicial review by a court of the United with lots of exceptions. When it was re- ator REID for his cosponsoring this ap- States. ported out of the Governmental Affairs proach, as well as several other col- SEC. 8. APPLICABILITY; SEVERABILITY. Committee, it applied to significant leagues on the other side of the aisle (a) APPLICABILITY.—This Act shall apply that have mentioned to me they think notwithstanding any other provision of law. regulations. (b) SEVERABILITY.—If any provision of this To put this in a framework, the ad- this is a good approach. This should ac- Act, or the application of any provision of ministration on November 14 published tually pass regardless of whether you this Act to any person or circumstance, is in the Federal Register that they were have a Republican-controlled Congress held invalid, the application of such provi- reviewing and working on 4,500 rules or a Democrat-controlled Congress. sion to other persons or circumstances, and and regulations that would be effective This says Congress should be making the remainder of this Act, shall not be af- fected thereby. for the years 1995, 1996, and 1997—4,500. the decision. Congress should use their SEC. 9. EXEMPTION FOR MONETARY POLICY. Many of those had significant eco- oversight and should have the responsi- Nothing in this Act shall apply to rules nomic impact. I thought we should bility to make sure the bureaucrats, that concern monetary policy proposed or have a review of those or stop those. the regulators, actually follow through

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4690 CONGRESSIONAL RECORD — SENATE March 28, 1995 with our intentions and desires on leg- Barloon, to 8 years in prison for illegal to comment on that. I just hope it is islation. This will give us that respon- entry into Iraq, under paragraph 24 of not the case. But if that is the case, sibility. Iraq’s residence law. then I urge them to reconsider using I am optimistic. I think this is a good Apparently, the men had innocently this incident in such a manner, because substitute, one that deserves very and mistakenly entered Iraqi territory I can tell you one thing—any attempt strong bipartisan support. I hope we last March 13 while attempt to go visit to use this incident in such a manner have a very strong vote in the Senate friends at the U.N. observer mission in can only be counterproductive, there is later today and one that I hope my col- the demilitarized zone. nothing for Iraq to gain by using this leagues in the House would concur is According to the State Department, incident in the hopes of gaining lever- an improvement over the House-passed no American official was present at the age in bilateral or international rela- bill and, hopefully, they will recede to trial, which lasted about 11⁄2 hours. tions. the Senate when we go to conference. Both Americans were represented by a I urge my colleagues to unanimously Mr. President, I yield the floor. court-appointed Iraqi attorney. The support this amendment. It will put Mr. HARKIN addressed the Chair. Polish authorities, who are rep- the United States Senate on record as The PRESIDING OFFICER. The Sen- resenting us in Iraq, were given less condemning Iraq’s actions in this case ator from Iowa is recognized. than an hour’s notification before the and urges the President to take all ap- Mr. HARKIN. Mr. President, might I trial was to begin. propriate measures to secure the im- inquire, what is the parliamentary pro- One of those Americans sentenced, mediate release of Mr. Daliberti and cedure now? William Barloon, is from New Hamp- Mr. Barloon so they may be reunited The PRESIDING OFFICER. The Sen- ton, IA. He is an engineer for the with their family and friends. ator from Oklahoma offered an amend- McDonnell Douglas Corp. He has lived, I ask unanimous consent to have ment to the committee substitute for for the past 2 years, in Kuwait with his printed at this point in the RECORD two S. 219. wife, Linda, and their three children. articles from The New York Times of Mr. HARKIN. The substitute is the His family and friends are rightfully this morning. pending business? shocked, angered, and frustrated by the There being no objection, the mate- The PRESIDING OFFICER. That is sentence. I share the concerns of Mr. rial was ordered to be printed in the correct. Barloon’s family and friends in Iowa RECORD, as follows: AMENDMENT NO. 411 TO AMENDMENT NO. 410 and offer this amendment to publicly IN HOMETOWNS, SPY CHARGES BY BAGHDAD (Purpose: To condemn the conviction and support them to do whatever I can to ARE DISMISSED sentencing of American citizens held in Iraq) ensure the prompt and swift return of (By Dirk Johnson) Mr. HARKIN. Mr. President, I send their loved one. NEW HAMPTON, IA, March 27.—This Iowa an amendment to the desk and ask for I have been, and my staff has been, town was draped in yellow ribbons today in its immediate consideration. closely monitoring the diplomatic ef- a gesture of support for its native son, Wil- The PRESIDING OFFICER. The forts underway and have expressed my liam Barloon, who with another American, David Daliberti, has been sentenced to an clerk will report. concern to the Secretary of State, War- ren Christopher. eight-year prison term in Iraq after their The legislative clerk read as follows: puzzling foray into that country two weeks Mr. President, there is absolutely no The Senator from Iowa [Mr. HARKIN] pro- ago. poses an amendment numbered 411 to amend- justification for these sentences. These Nobody here could imagine any good rea- ment No. 410. two Americans, who work for private son for the two men to cross the Kuwaiti At the appropriate place, insert the fol- contractors in Kuwait, inadvertently border, which is marked with a 10-foot-deep, lowing: crossed over into Iraq when attempting 16-foot-wide trench. Even so, friends and family of the two men, civilian workers for SEC. . SENSE OF SENATE REGARDING AMER- to visit friends in the demilitarized ICAN CITIZENS HELD IN IRAQ. zone between Iraq and Kuwait. They American defense contractors in Kuwait, scoff at the accusation by Iraq that the men (a) FINDINGS.—The Senate makes the fol- committed no offense justifying jail lowing findings: were involved in underhanded activity. sentences. Allegations of espionage to ‘‘From what I know of Billy, I don’t think (1) On Saturday, March 25, 1995, an Iraqi the contrary, these men were not in he’d make a very good spy,’’ said Kevin Ken- court sentenced two Americans, William Iraq for any nefarious purpose. They nedy, a lawyer in this town of 4,000, adding Barloon and David Daliberti, to eight years that Mr. Barloon was ‘‘better at telling a imprisonment for allegedly entering Iraq did not commit any criminal actions. story than keeping a secret.’’ without permission. In addition, Mr. President, their stay Mr. Daliberti’s father, Raymond Daliberti, (2) The two men were tried, convicted, and in Iraq was very brief. They had then said it was ridiculous to believe that his soon sentenced in what was reported to be a very attempted to return back into Kuwait, was a spy. ‘‘If he is, he must be the dumbest brief period during that day with no other probably when they discovered that spy in the world,’’ the elder Mr. Daliberti Americans present and with their only legal they had crossed over. According to the said in Jacksonville, Fla. counsel having been appointed by the Gov- State Department, they were merely State Department officials, who have de- ernment of Iraq. charged with being in Iraq illegally, nounced the prison sentences, say the two (3) The Department of State has stated men mistakenly crossed into Iraqi territory that the two Americans have committed no without proper documents, in violation while trying to visit friends in the demili- offense justifying imprisonment and has de- of that country’s residence law. tarized zone between Kuwait and Iraq. manded that they be released immediately. Mr. President, I have long been a de- fender of human rights throughout the Mr. Barloon, 39, worked for the McDonnell (4) This injustice worsens already strained Douglas Corporation in Kuwait on support relations between the United States and Iraq world. And today I rise to speak out in crews for F–18 fighter jets. Mr. Daliberti, 41, and makes resolution of differences with Iraq defense of the human rights of two worked for Kay and Associates, a subcon- more difficult. Americans unjustly sentenced to 8 tractor for McDonnell Douglas. (b) SENSE OF SENATE.—The Senate strongly years in prison for what essentially A spokesman for McDonnell Douglas, Tom condemns the unjustified actions taken by amounts to an honest mistake of not Williams, said the men ‘‘wound up in Iraq by the Government of Iraq against American accident—an honest mistake.’’ He said he citizens William Barloon and David Daliberti knowing where they were. Imprisonment in this case is uncon- had no details to add to the reports of offi- and urges their immediate release from pris- cials in Washington. on and safe exit from Iraq. Further, the Sen- scionable. Both Mr. Daliberti and Mr. Mr. Barloon, who moved away from here in ate urges the President of the United States Barloon, on the basis of their funda- 1973, grew up in a brick-and-frame house on to take all appropriate action to assure their mental human rights and humani- Hamilton Street, where his mother, Mary prompt release and safe exit from Iraq. tarian considerations, should be imme- Rethamel, still lives. His father, Ed Barloon, Mr. HARKIN. Mr. President, this diately and unconditionally released. a tavern owner, drowned in a quarry here amendment is a sense-of-the-Senate Finally, it has been suggested that when the son was about 5. As a teen-ager, he resolution and not really related to the Iraq may be seeking to take advantage worked summers at a truck stop, and joined bill at hand. But it responds to an ur- of this incident as leverage in whatever the Navy after his junior year in high school. The Rev. Carl Schmitt, pastor of St. Jo- gent matter. real or perceived grievances Iraq has seph’s Roman Catholic Church, whose ele- On Saturday morning, March 25, an with the United States, or to gain some mentary school Mr. Barloon attended, said Iraqi judge sentenced two American advantage internationally. I do not townspeople here were indignant over the se- citizens, David Daliberti and William know if that is the case. I do not wish verity of the punishment imposed by Iraq.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4691 ‘‘We feel devastated and frustrated,’’ Fa- These men strayed into Iraq and we cer- MALMSTROM AIR FORCE BASE ther Schmitt said. ‘‘People are trying to deal tainly think they should be promptly re- with the anger. I tell people we aren’t going leased. There’s no basis for the kind of sen- Mr. BAUCUS. Mr. President, this to gain anything by spreading more hatred tences that were imposed.’’ weekend, the Base Closure and Re- in the world.’’ Mr. Christopher specifically denied sugges- alignment Commission comes to Great Mr. Daliberti was born in Tennessee, but tions that the two men were working for the Falls for a hearing on the future of spent most of his childhood in Jacksonville, Central Intelligence Agency, telling report- Malmstrom Air Force Base. And as where his father worked as an aviator ma- ers, ‘‘There is no basis for those reports.’’ He both the Great Falls community and chinist at Cecil Field Naval Air Station, and said such rumors would complicate efforts to the BRAC Commissioners prepare for where he would develop a passion for jets. win their release ‘‘only if’’ the Iraqis ‘‘let it the hearing, I would like to recall a After four years in the Navy and a string of complicate it.’’ piece of history many have forgotten. civilian jobs near Jacksonville, Mr. Daliberti Mr. HARKIN. I thank the Senator took a job in Kuwait three years ago as a In 1942, as the United States entered trainer of mechanics on F–18 jets. from Oklahoma for letting me speak the Second World War, President Roo- ‘‘He loved the people over there and was and propose this amendment at this sevelt and Gen. George Marshall se- getting along great,’’ his father said. time. lected Malmstrom Air Force Base for a Mr. NICKLES. Mr. President, I ask critically important mission. They UNITED STATES DENIES TWO AMERICANS for the yeas and nays. chose this to be the main base for ENTERED IRAQ AS SABOTEURS The PRESIDING OFFICER. Is there a Lend-Lease supplies to the Soviet (By Steven Greenhouse) sufficient second. Army. WASHINGTON, March 27.—The Clinton Ad- There is a sufficient second. Over the next 3 years, 1942 to 1945, ministration today rejected assertions from The yeas and nays were ordered. Malmstrom pilots made over 10,000 Baghdad that two Americans being held pris- Mr. NICKLES. Mr. President, I com- oner there had crossed into Iraq as saboteurs flights to the Soviet Union. They gave or spies. pliment my friend and colleague, Sen- the Soviet Army trucks, tank parts, White House and State Department offi- ator HARKIN from Iowa, for this amend- and other supplies crucial to the de- cials said again today that the two had ment. I am sympathetic to it and I will fense of Leningrad, the Battle of strayed mistakenly and innocently into Iraq support it. Kursk, and other watershed events in while trying to visit a friend south of the I might tell my colleagues we do not the European theater. border in Kuwait and did not deserve the expect to vote now, and probably we Now, you may ask, why Malmstrom? eight-year prison sentences an Iraqi court will ask for the vote. We will check and imposed on them on Saturday. The answer is simple. This air base is ‘‘It was an innocent mistake,’’ said Mi- see on the Democrat side if it is OK to practically at the geographic center of chael D. McCurry, the White House spokes- vote at 12 noon. If not, we will an- North America. Thus it is the one place man. ‘‘These two crossed across the border nounce the vote shortly. that is most secure military locations and had no intention to conduct any kind of I am sympathetic for a lot of reasons. anywhere. At the same time, because sabotage at all.’’ He also denied their motive Certainly it is an injustice when we flights to Europe and Northern Asia fly was espionage. have two American citizens who are over the North Pole, there is no conti- Saddi Mehdi Saleh, the Speaker of Iraq’s working for a company, McDonnell, to nental airbase closer to Japan and Rus- Parliament, told The Associated Press be taken hostage and be sentenced for today: ‘‘We have no aggressive intentions to- sia than Malmstrom. ward these two Americans. But we have just 8 years for mistakenly crossing the So, paradoxically, Malmstrom Air applied Iraqi law according to the manner we border. Force Base is among two very impor- do to all the foreigners who are coming for I am sympathetic for another reason, tant groups: First, the bases most se- sabotage or other political reasons.’’ because I found out the hard way. We cure against foreign attack, and sec- He added: ‘‘Sending spies or saboteurs, we had an Oklahoman that also was taken ond, the bases most strategically im- reject this equation and don’t agree with it. captive and held in Iraq for some time portant in wartime. The United States of America must under- in 1993, Ken Beaty, an Oklahoman from stand this fact.’’ I am pleased to say that the Air Mr. Saleh later denied that he had said the Mustang, OK. He worked for an oil Force recognizes this. In their report two Americans planned acts of sabotage. In- company. He was jailed for 205 days, I to the President last March 1, they said stead, he asserted that their aim was to cre- tell my colleague, in April 1993 through Malmstrom should remain a principal ate an incident that would prolong United November 1993. He is 45 years old. site for our land-based strategic nu- Nations sanctions against Iraq. Eventually we were successful. My col- clear forces. United States officials said today that the league, Senator BOREN, Members might But they also made a more puzzling two men—David Daliberti, 41, of Jackson- recall, went to Iraq to obtain his re- recommendation. They asked the ville, Fla., and William Barloon, 39, of New lease. I hope we will have even a speed- Hampton, Iowa—had apparently made a President to reverse two previous wrong turn and strayed into Iraq when they ier resolution for these two individuals. BRAC decisions, and move Malm- were seeking to visit a Danish friend at a Certainly it is an outrage that this strom’s squadron of KC–135 tanker air- United Nations compound in Kuwait, a half- type of a sentence was given for an in- craft to Florida. mile south of the Iraqi border. nocent trespass. Eight years is cer- Though I do not believe this would According to interviews with American tainly outrageous. make much military sense. So I hope and United Nations officials, the two Ameri- I concur with my colleague. The Sen- the BRAC Commissioners look closely cans drove north from Kuwait City on March ate should speak out in this amend- at Malmstrom, listen to the commu- 13 to visit their friend, who was in a Danish ment. I have no objection, and I sus- engineering unit that is part of the 1,142- nity, and make the right decision to member United Nations Iraq-Kuwait Ob- pect we will be voting on it around 12 keep the tankers where they are now. server Mission. o’clock. As the 1992 BRAC found, Malmstrom It is well known that many Westerners Mr. HARKIN. If the Senator will is a good place for the tanker squadron, who live in Kuwait visit acquaintances who yield, I want to thank the Senator and can support an expanded rather are part of the United Nations mission be- from Oklahoma. than a contracted flying mission. cause alcoholic beverages are readily avail- I know the managers of the bill—we That is no accident. Since the days of able in its compounds, unlike elsewhere in do not want to load the bill with Kuwait. Roosevelt and Marshall, the Air Force The two, who worked on a McDonnell amendments and resolutions, but this has put a great deal of money into Douglas contract to maintain Kuwaiti mili- is important. I appreciate his willing- making Malmstrom a top-level base for tary aircraft, were apparently allowed to ness to go away and get this up and get our nuclear missiles and for the flying pass into Iraq by both a United Nations bor- the Senate to express itself on this missile. They have done a good job; and der patrol and an Iraqi border patrol. Iraqi amendment. Thank you. they had good reasons to do it. police arrested them a few minutes later The PRESIDING OFFICER. The Sen- First of all, we may again need when they sought to cross back into Kuwait. ator from Montana. Malmstrom’s service in wartime. One American official said ‘‘we’re as baf- fled as everyone else’’ how they could have Mr. BAUCUS. I ask unanimous con- Everything human—whether it is mistakenly entered Iraq. sent to speak as in morning business. technology, relations between govern- Secretary of State Warren Christopher told The PRESIDING OFFICER. Without ments, or anything else—is subject to reporters: ‘‘The sentences were unjustified. objection, it is so ordered. change. But geography is not. We will

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4692 CONGRESSIONAL RECORD — SENATE March 28, 1995 never have a better location for a stra- REGULATORY TRANSITION ACT fering from AIDS. There are 17,000 or- tegic airbase than Malmstrom, which The Senate continued with the con- phans in that town alone. is both invulnerable to naval attack sideration of the bill. The article describes a typical girl and as close as a continental airbase Mr. NICKLES. Mr. President, I ask who became the head of her family at can be to Eurasia. unanimous consent that the vote on the age of 13, when her mother died Second, Malmstrom is ideal for the HARKIN amendment numbered 411 from AIDS. AIDS had already killed peacetime operations. The Great Falls occur today at 2:15. her father. She now cares for her four area is perfect for Air Force training The PRESIDING OFFICER (Mr. younger brothers and sisters. In 1990 I went to Uganda, and I saw missions, because they do not call INHOFE). Without objection, it is so or- Montana the Big Sky State for noth- dered. the devastation caused by AIDS. I saw ing. Mr. NICKLES. Mr. President, I sug- the heroic efforts of people there, ev- The airspace around Malmstrom is gest the absence of a quorum. eryday people, trying to fight the epi- wide open. Visibility is excellent. The PRESIDING OFFICER. The demic, a battle they could not possibly There are no big mountains or even clerk will call the roll. win without the help of countries like buildings for that matter nearby. And The bill clerk proceeded to call the ours. the weather is almost always sunny roll. The article goes on to describe simi- and dry. In fact, Malmstrom has the Mr. LEAHY. Mr. President, I ask lar stories in Kenya, where Father An- best flying weather in the area, and is unanimous consent that the order for gelo D’Agostino, a Jesuit priest and a already an alternative landing site for the quorum call be rescinded. personal friend of mine, founded a the other bases in the region. And, as The PRESIDING OFFICER. Without home in Nairobi for AIDS orphans. He the prairie is thinly populated, there objection, it is so ordered. gets calls seeking a home for 100 AIDS are very few big metropolitan areas Mr. LEAHY. Mr. President, what is babies every month. He has room for where frequent training missions could the parliamentary situation? only 80 children, many of whom annoy local residents. The PRESIDING OFFICER. The watched their parents die. Third, Malmstrom will remain an pending amendment is the Harkin Mr. President, there are more rescis- ideal location for the foreseeable fu- amendment to the Nickles amendment sions coming from the House, and there ture. The Cascade County and Great to the substitute. are proposals to cut the foreign assist- Falls municipal governments work Mr. LEAHY. Mr. President, I am ance program. Meanwhile, in Africa closely with base commanders to keep presently asking recognition, and I will there are 10 million people infected plenty of open ground between speak briefly and ask permission to be with HIV, and the number continues to Malmstrom and the town. able to do that as in morning business. climb. Close to a million and a half are Because we are a thinly populated The PRESIDING OFFICER. Without children. Many of the HIV infections State, the Air Force can be confident objection, it is so ordered. were spread by sexually transmitted that even if there is substantial local diseases that are common wherever growth, no property developer will f there is poverty. These diseases are build right up to the wire. A CALAMITY IN AFRICA common in our own country, but here So disruption to the local community we have the vaccines or medicines to will always be minimal. Complaints by Mr. LEAHY. Mr. President, I have cure them. There they do not, and they local citizens will be few or non- listened to the recent proposals of sev- become HIV positive, and they die. existent. And, perhaps most important, eral Republican Senators for deep cuts There is no cure for AIDS. Would the open ground ensures that base se- in our foreign assistance program. those who would cut the meager funds curity will always be protected much Some of these proposals do not men- we spend to fight AIDS in places like more effectively than it could be in a tion cuts specifically, but that is the Uganda, or India where it is spreading heavily urban area like MacDill. thinly veiled consequence of what they like wildfire among a population of a Finally, of course, Malmstrom has propose. We pride ourselves for our billion people, have us seal our bor- top-quality facilities for flying. generosity, but our foreign assistance ders? Tell future generations of Ameri- It has an airstrip good enough to sup- accounts for less than 1 percent of the cans that if they leave our shores they port 10,000 Lend-Lease flights. And it total Federal budget. These proposals cannot return? has first-class maintenance capability would cut that even further, with the Mr. President, this is one of a dozen to protect today’s high-performance deepest cuts in the funds that go to examples I could mention of what will aircraft. In fact, Malmstrom is the help the neediest people in the world. happen if we cut these foreign assist- only airbase in the Pacific Northwest I will speak at length on this subject ance programs. It makes a great press with an anticorrosion facility. in the coming weeks, but I wanted to release today. We might just as well be Mr. President, we are very confident, talk briefly about what are talking sentencing our children and grand- that a careful, unbiased review will about if these proposals gain support. children to death. show that Malmstrom Air Force Base At the same time that Republicans I ask unanimous consent that the ar- is an unequalled national security re- are pushing for drastic reductions in ticle be printed in the RECORD. source. Its strategic location, excellent aid to needy American children and There being no objection, the article flying and maintenance facilities, and families, they would have us turn our was ordered to be printed in the multiple-mission capability make it a backs on people around the world who RECORD, as follows: perfect site for this tanker squadron. are even more desperate. Let me men- [From the Washington Post, Mar. 17, 1995] So Great Falls welcomes Commis- tion one example, that was described in AFRICAN AIDS EPIDEMIC CREATING A SOCIETY the Washington Post on March 17. sioners Cox, Davis and Kling to the OF ORPHANS—HUNDREDS OF THOUSANDS OF community. They can expect a warm, Uganda, once a prosperous, peaceful CHILDREN LEFT PARENTLESS AS SCOURGE hospitable Montana reception. And we country, was destroyed by Idi Amin in SWEEPS THE CONTINENT look forward to the chance to make the 1970’s. Today, the average yearly (By Stephen Buckley) income is $170 per person, and as Ugan- our case this weekend. KAKUUTO, UGANDA.—Elizabeth Nakaweesi, I yield the floor. da struggles to rebuild from civil war it 17, became head of her household at 13. I suggest the absence of a quorum. is being destroyed from within again. In 1989, her mother died of AIDS. In 1991, The PRESIDING OFFICER. The One of every fifteen Ugandans is HIV AIDS killed her father. That left Elizabeth clerk will call the roll. positive. Half a million Ugandan chil- to care for her four brothers and sisters, now The bill clerk proceeded to call the dren have lost a parent to AIDS. By aged 10 to 15. roll. 1998, 10,000 Ugandan children will have Instead of spending her days in school, she Mr. NICKLES. Mr. President, I ask died from AIDS, and another 300,000 spends them making straw mats and culti- vating her family’s half-acre of banana trees. unanimous consent that the order for children will be infected. She makes $40 a year. the quorum call be rescinded. In towns like Kakuuto with 70,000 ‘‘It is painful to have no parents,’’ Eliza- The PRESIDING OFFICER. Without residents, 30 percent of the people are beth said recently, sitting in her family’s objection, it is so ordered. either infected with HIV or already suf- battered clay hut. ‘‘If they were here, they

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4693 would take care of us: we would have the ‘‘They don’t get the attention they need at Elizabeth works hard to foster a spirit of things we do not have.’’ home,’’ said Gelazius, who has seen 11 rel- family teamwork. After her siblings return Nakaweesi’s plight has become a familiar atives die of AIDS. ‘‘Their grandparents are from school, everyone works in the field be- one in Africa, where AIDS has left millions usually too old, and the children don’t re- fore dinner. At supper time, one child fetches of children without parents and has afflicted spect them.’’ water. Another finds firewood. Another picks thousands of others who contracted the A study in neighboring Tanzania found bananas. Another puts out bowls and eating AIDS virus through their mothers. that children who have lost their mothers to utensils. Another does the cooking. Statistics on the impact of AIDS among AIDS ‘‘have markedly lower enrollment But the teenager knows that she cannot re- African children are sketchy but nonetheless rates and, once enrolled, spend fewer hours place her parents. When she tries to speak of grim. UNICEF predicts that by 1999, up to 5 in school’’ than youngsters with two parents, them, tears will in her eyes. She turns her million African children will have lost their the World Bank Research Observer reported. face to the wall. mothers to AIDS. Of the 9.5 million people in The same study concluded that by 2020 the ‘‘They must be mother and father now,’’ sub-Saharan Africa who either have the AIDS death rate among children in Tanzania said Grace Mayanja, a staff worker with human immunodeficiency virus (HIV)— will have cut primary and secondary-school World Vision, referring to children in which causes AIDS—or the disease itself, an enrollments by 14 and 22 percent, respec- Kakuuto left to raise siblings. ‘‘But in their estimated 1.3 million are children. tively. hearts, they’re still little girls.’’ AIDS has ravaged the continent in part be- Doctors also fear that AIDS will wipe out f cause of cultural mores that assent to men improvements in infant mortality rates over having simultaneous sexual partnerships the past decade. For now, the rate remains STOP HIDDEN KILLERS: THE with more than one woman. Researchers also stable, but a 1994 World Bank report on AIDS GLOBAL LANDMINE CRISIS have found that a high rate of nonfatal sexu- in Uganda warned: ‘‘Because of the large Mr. LEAHY. Mr. President, over the ally transmitted diseases among both gen- numbers of women carrying the virus, there years, I have spoken often about the ders has made Africans more vulnerable to are increasing numbers of infants and chil- HIV. dren infected. This together with the loss of problem of landmines. I have done so AIDS specialists fear that the impact of mothers due to AIDS will increase infant and on this floor and as a member of the the disease on children will slash school en- child mortality significantly.’’ At the U.S. delegation to the United Nations, rollments, roll back gains in infant morality Kakuuto offices of Doctors of the World, a where I addressed the Disarmament rates and further tax family structures al- medical relief group, AIDS program coordi- Committee of the United Nations. I ready shattered by political and economic nator Fred Sekyewa said babies born to have been urging the U.S. Government crises in many African countries. mothers with AIDS have a 25 to 50 percent and the United Nations to do whatever Uganda’s AIDS crisis is among the most chance of being infected and that one in they can to stop the proliferation and urgent in Africa, as 1.5 million of the na- three pregnant women examined here tests tion’s population of 17 million are HIV-posi- HIV-positive. use of antipersonnel landmines. tive. An estimated 519,000 Ugandan children Sekyewa added that many women with Sometimes when we think of land- have lost at least one parent to AIDS, and AIDS have babies because of cultural pres- mines, we think of these huge floating the government reports that by 1998 about sures. ‘‘In African societies it is an abomina- mines in a shipping lane, but in fact, 150,000 children will have died of it and an- tion for a woman to die without a child,’’ he what we usually mean is a weapon other 300,000 will be infected. said. ‘‘A woman in her twenties who has about the size of a can of shoe polish. ‘‘What we have seen is staggering,’’ said AIDS will say, ‘I must have a child now be- Antipersonnel landmines are tiny, and Omwony Ojwok, director of the Uganda cause I may die before I get the oppor- in some of them the only metal part is AIDS Commission. ‘‘The families in par- tunity.’’’ ticular are simply at a breaking point. You In Nairobi, Kenya, hundreds of HIV-posi- about the size of a thumb tack, so it is have some adults with 10 orphans in their tive children die in hospitals annually after virtually impossible to detect. They house, plus their own children. Eventually, being abandoned by their mothers. Three cost about $2 or $3, and can be con- you run out of adults to take care of the years ago, the Rev. Angelo D’Agostino, a cealed beneath the surface of the children.’’ Jesuit priest, founded a home in Nairobi for ground. They are strewn by the thou- The town of Kakuuto, three hours west of such children. A surgeon and psychiatrist sands and they explode when somebody Kampala, has been hit especially hard. An who taught at George Washington Univer- steps on them, no matter whether that estimated 30 percent of its 70,000 residents sity for 14 years, D’Agostino said he gets person is a civilian or combatant. They are either HIV-positive or have AIDS. Relief calls from hospitals and social workers seek- workers estimate that there are 17,000 or- ing homes for 100 AIDS babies every month. kill an estimated 70 people each day. In phans. Some are left on their own, but many D’Agostino, 69, has taken in about 80 chil- the 2 hours since the Senate opened more live with grandparents who often are dren. He said that some have become healthy session this morning, at least eight too old to provide the economic ’’ and emo- after receiving a steady diet of nutritious people have been killed or maimed in tional security of a mother and father. meals and attention. the world from landmines. We are talk- Alandrena Nakabiito, 62, was left with six ‘‘They were born with their mother’s HIV ing about 70 people each day, 26,000 orphans, ages 5 to 13, when two relatives died antibodies, so they initially tested positive. people each year. There are an esti- of AIDS in the early 1990s. Nakabiito, who But they never got infected,’’ D’Agostino reared four of her own children, said that she said. ‘‘So after a while, they’re fine. But usu- mated 85 to 110 million landmines in 60 never expected to be cast in this role. ally these kids die of malnutrition or some- to 65 countries waiting to explode. ‘‘I never thought of it,’’ she said, waving thing else in a hospital; because they once To give you some idea of this, parts her arms in her dark, narrow, two-room hut. tested positive, everybody gives up on of the Netherlands, and Denmark, are ‘‘I built this small house for myself.’’ Now them.’’ still too dangerous to go into, because eight people, including Nakabiito’s 72-year- The priest said that his children, most of of landmines left from World War II. old sister, live there. whom are under 5, often show the strains of But the vast majority of these hidden Nakabiito said she makes about $60 a year, losing their parents. They cry for hours. killers have been spread in just the adding that she would work harder on her They have nightmares. They stare into acre of land but age has drained her space. past few years. In fact, even though the strength. She digs only in the morning, rest- ‘‘They talk about seeing their parents Russians followed our lead and de- ing in the afternoon. The slight woman, die,’’ D’Agostino said. ‘‘They talk about clared that it would stop exporting whose hands bear scars of a hard farm life, being alone with their 10- or 12-year-old sib- antipersonnel landmines, that policy said she is especially sad that she cannot ling.’’ apparently does not apply to Chechnya. help Lucky Nakkazi, the 13-year-old, with Elizabeth Nakaweesi understands their The Russians have been spreading land- her studies. Lucy can go to school only be- pain. The teenager said she quit school in mines in Chechnya and doing it in such cause the World Vision relief organization the sixth grade to care for her young siblings pays fees for her and about 2,500 other or- after her parents’ deaths because ‘‘there was a way that nobody is ever going to phans in Kakuuto. nobody else to do it.’’ know where they are—they are being ‘‘I would try to help, but I have poor sight Elizabeth’s father, who died at 51, had col- dropped by the thousands out of air- at night,’’ Nakabiito said, referring to lected taxes at the local market. Her moth- planes—and there will be people, years Lucy’s school work. er, who was 39, had cultivated their plot of from now, still dying and being Lucy attends Kakuuto Central Primary bananas, sweet potatoes and cassavas. maimed from them. School, where headmaster Kyeyune Gelazius Sometimes, when crops are poor and her This January, at a press conference said that 220 of his 450 students have lost straw mats are not selling, Nakaweesi must attended by representatives of some 40 parents to AIDS. he predicts that within five beg neighbors for help. She said that without years, 75 percent of his students will be or- assistance from neighbors and World Vi- countries, Secretary of State Chris- phans. He said that generally their attend- sion—which pays school fees, bought her a topher announced the release of the ance is sporadic and their behavior disrup- bicycle and provides other necessities—she State Department’s report ‘‘Hidden tive and that they lag academically. and brothers and sisters would not survive. Killers: The Global Landmine Crisis.’’

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4694 CONGRESSIONAL RECORD — SENATE March 28, 1995 It tells the gruesome story of the car- It turned out that UNICEF had sent tinguished Democratic leader, Senator nage caused by landmines. polio vaccine to Uganda, but that little DASCHLE, and others, Senator HELMS, Last year alone, on top of that 100 boy had not got the vaccine. The med- Senator PELL, and Senator LUGAR, for million or so unexploded landmines, we ical personnel could not go to his part bringing the convention before the now have another several million that of Uganda, to his village, because of Senate for ratification. were laid, mostly in the former Yugo- the landmines strewn around there. So The fact that the talks are going on slavia. Estimates of the cost to locate in a country where to survive it is nec- in preparation for a U.N. conference and remove them are in the tens of bil- essary to be able bodied, this little boy next September to strengthen the 1980 lions of dollars. That does not even is hopelessly crippled. convention is important by itself. The count the millions of mines that will Here is a photograph of a young boy convention is universally regarded as be laid in the future. in Mozambique, Mr. President. Look at woefully inadequate, and John Three years ago, almost nobody was him from the waist down. There is Molander, the Swedish chairman of the paying attention to what has aptly nothing there. Those are two wooden talks, deserves credit for his efforts. been called a ‘‘weapon of mass destruc- legs. Artificial legs in a very poor But these negotiations have shown tion in slow motion.’’ Far more civil- country, a growing boy who will out- how reluctant governments are to turn ians have died and been injured by grow them and probably did outgrow rhetoric into reality. I mentioned that landmines than by nuclear weapons. them months after this picture was Russia had said it had stopped exports They are a weapon of mass destruc- taken. of landmines. I praise President Yeltsin tion, they just claim their victims Look at this Kurdish boy. Can any- for that. I had talked to him about it slowly. Then the Senate passed, by 100– one, as human beings, as parents, look personally, as I did Foreign Minister 0, an amendment I sponsored to halt at this and not be horrified? I think of Kozyrev. Russia is obviously a country U.S. exports of antipersonnel land- my children, when they were this age. that has one of the largest stockpiles mines. That is the only time I know of One badly damaged leg. An arm miss- of landmines and they have the ability when the U.S. Senate acted with una- ing at the shoulder. The other leg torn to manufacture them. nimity on an issue of this kind. off at the knee. And these children are The purpose of that amendment was considered the lucky ones because they But now we see that they have no re- to focus attention of the landmine cri- were close enough to medical care to luctance to sow them from airplanes sis and to urge other countries to join get help. They did not die, as many do, over Chechnya. What army is being de- us in trying to solve it. Because the terred by that? What army? It is the Senate acted with such unanimity—Re- just from the loss of blood. These are not combatants, but these armies of old women and old men going publicans and Democrats, across the are typical of what I have seen every out to find firewood to make a fire so political spectrum— and spurred on by place I have gone in the world where they do not die from the cold. What the President of the United States, they have landmines. I am told that army? It is an army of little children Secretary of State Christopher, and you cannot walk down the street of trying to go to school. Those are the U.N. Ambassador Madeleine Albright, armies that are terrified and maimed 18 other countries have declared export Phnom-Penh without seeing people an arm or leg gone. They say that in Cam- and killed by the indiscriminate use of moratoria. Last September, at the landmines. United Nations, President Clinton an- bodia they are clearing the landmines nounced a U.S. goal of the eventual an arm and a leg at a time. It is a blight, Mr. President, it is a elimination of antipersonnel land- Not only do these weapons endanger blight. It is a moral blight. It is an evil mines. On December 15, 1994, the U.N. civilians most of all—and that is why blight. They should be treated the General Assembly adopted a U.S. reso- they are terrorist weapons—but they same way as we treat poison gas and lution calling on all countries to stop kill and maim American soldiers, chemical warfare. They do not distin- exports, and for further efforts toward whether in combat or peacekeeping guish between civilians and combat- the goal of the eventual elimination of missions. They threaten our Peace ants. And yet we there are some who antipersonnel landmines. Corps volunteers and other Americans would have us give a Good House- This is the first time, Mr. President, who are involved in humanitarian keeping seal of approval to a certain in recent history, since the banning of work. types of landmines. chemical weapons, that the world com- Ken Rutherford of Colorado testified Balderdash. What difference does it munity has singled out a type of weap- here last year. He told about being in make? A landmine is a landmine. on for total elimination. It reflects a Somalia driving in his jeep, while he Cheap, deadly, long-life mines can blow growing consensus that these weapons was working for the International Res- the leg off the best trained, best are unacceptable because they are in- cue Committee. He heard the blast and equipped America soldier. If we treat discriminate, and because they are the bang, and the next thing he knew some antipersonnel mines as accept- used routinely to terrorize civilian pop- he was sitting in shock, holding his able, we run the risk of making the ulations. foot in his hand trying to reattach it to goal of eliminating them more elusive. Imagine if the area from the Capitol his shattered leg. Of course, that could Thousands of innocent people will con- Building to the Washington Monument never be. Ken has courageously gone tinue to die. Every 15 minutes of every were seeded with antipersonnel land- through painful surgery after surgery, day of every year someone—usually an mines, each one buried in the ground to be able to walk again. innocent civilian, often a child, or ci- and waiting to explode. Who is going to Hidden killers is an indictment of a vilian—loses a leg or an arm. go there? What if all of New England, weapon that even Civil War General Large areas of countries like Bosnia, or all of California, were strewn with Sherman, who is not remembered as a Angola, and Cambodia have been con- mines? That is the reality for dozens of great humanitarian, called a violation taminated with mines. The people can- countries where millions of people go of civilized warfare over a century ago. about their daily lives in fear of losing A violation of civilized warfare. That is not return to their fields to grow food, a leg or an arm, or their children’s when a tiny number of them were used. collect water, or firewood without risk- lives, from landmines. Now there are millions. ing their lives. Their children are being I remember being in Uganda several During the month of January, offi- blown to pieces when they play outside years ago. From legislation of mine, we cials of governments, including the or walk to school. started a program to make artificial United States, met in Geneva to dis- Refugees cannot go home. The Paki- arms and legs for people who have lost cuss proposals for strengthening the stani Ambassador to the United Na- limbs from landmines. My wife, who is Conventional Weapons Convention, the tions tells me that over 1 million Af- a registered nurse, was with me and one existing international agreement ghan refugees are stranded in his coun- she saw a young boy, 10 or 12 years old, covering the use of landmines. Signed try. Why? They cannot go home to Af- hopelessly crippled from polio. She in 1980, the Senate finally ratified it ghanistan; it is littered with land- could not believe that there was some- last Friday. mines. And so they are in an area one who was crippled from polio, when I want to praise the distinguished where they are devastating the forest, there are such low-cost vaccines. majority leader, Senator DOLE, the dis- causing all kinds of problems and they

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4695 are an enormous drain on Pakistan be- another child like these. When the Sen- the economic embargo against their cause they cannot go back to Afghani- ate recesses this noon—and we all in country; that their use of these two stan. the security of our caucuses and the se- men for political purposes will in no It is a global catastrophe. People ev- curity of this beautiful building, the way lead to a lifting of the embargo or erywhere are calling for an end to this symbol of democracy, eat our lunches— a modification of the U.N. resolutions madness. Three weeks ago the Belgium a half-dozen more people will be killed regarding sanctions. Parliament voted a 5-year total ban on and maimed somewhere in the world. Mr. President, President Clinton antipersonnel mines. Mexico, Sweden, And for what? Do these children should be commended for the action Ireland, Estonia, Colombia, and Cam- threaten anybody? These children had that he has taken in this regard. He bodia have already announced a total a life hard enough already. Now they has been steadfast, he has been person- ban. have one leg or one arm, or, as in this ally involved and committed to see Only a year or two ago that seemed case, no legs. Can you imagine what that the United States takes all efforts inconceivable. The United States has their lives are like? within its power and by organizing led the way, and we should continue to I am going to speak again as I have, international forces in order to accom- lead. We are the only superpower, and many, many times before, Mr. Presi- plish the objective of the release of we can afford to set an example. We do dent, about this subject. I will continue these two men. not need these weapons for our secu- to speak about it. I applaud and com- I would also like to thank the rep- rity. What army is going to march pliment those of my colleagues, Repub- resentatives of the Polish Government against the United States? We have the licans and Democrats alike, who have who represent United States interests most secure borders in the world. joined me in this crusade. in Baghdad. They have, as they have Mr. President, we are blessed as no We should tell the world that we will done in previous cases, performed a democracy in history has been blessed, treat the use of antipersonnel land- great service for this country. They not only with the resources of our own mines the same way that we treat poi- have represented our interests well in land and the resource of our own peo- son gas and other indiscriminate, inhu- the past, and I am confident that they ple, but with the security we have as a mane weapons, and ban them alto- will do so on behalf of these two Ameri- nation. But let us think what happens gether. cans. when we set foot outside of our coun- Mr. President, I yield the floor and I have written to the United Nations try, when we send humanitarian mis- suggest the absence of a quorum. and received assurance from Mr. sions, or send the men and women from The PRESIDING OFFICER. The Boutros Boutros-Ghali that the United our military to help in peacekeeping. clerk will call the roll. Nations will do everything within its We find this terrorist weapon used The assistant legislative clerk pro- power to ensure the release of these in- against us. And we are only the tip of ceeded to call the roll. dividuals. the iceberg, because it is a terrorist Mr. GRAHAM. Mr. President, I ask Mr. President, I ask unanimous con- weapon used most often against those unanimous consent that the order for sent to print in the RECORD a letter who are most defenseless. the quorum call be rescinded. dated March 24, from the Secretary We should treat antipersonnel land- The PRESIDING OFFICER (Mr. General, relative to the commitment of mines with the same stigma as poison THOMPSON). Without objection, it is so the United Nations, at the conclusion gas and other indiscriminate, inhu- ordered. of my remarks. mane weapons. Only when the price of Mr. GRAHAM. Mr. President, I un- The PRESIDING OFFICER. Without using them is to be branded a war derstand the pending business is the objection, it is so ordered. criminal and am international pariah amendment offered by the Senator (See exhibit 1.) will this mayhem stop. There are al- from Iowa, is that correct? Mr. GRAHAM. Mr. President, there ways going to be Saddam Husseins, The PRESIDING OFFICER. That is have been a variety of voices raised on who would commit any outrage against correct; the Harkin amendment num- this matter. The most compelling have their own people. But they will become bered 411. been those of the voices of the families more and more the exception. Mr. GRAHAM. Mr. President, on Sat- directly involved. The family of Mr. Last week we did take the next step. urday, March 25, an Iraqi court sen- David Daliberti live in Jacksonville, We ratified the Conventional Weapons tenced two Americans, David Daliberti FL. I have had the opportunity to talk Convention, including the landmine of Jacksonville, FL, and William with his mother, father, and last Fri- protocol. The United States can now Barloon of Iowa, to 8 years in prison. day with his wife, Kathy. They are, ob- participate fully in the conference to Their crime was an innocent and inad- viously, extremely distressed and anx- amend the convention this September. vertent crossing into Iraq from Kuwait. ious about the future of their son and I intend to go to that conference. I These two men, both of whom were husband. think it is an important opportunity to employed by United States contractors We must convey to them that it is try to give the convention the teeth it working in Kuwait, have been con- the commitment of the United States currently lacks. Between now and then verted from free citizens working in an of America to do everything within its I will be speaking with the President of important area of national responsi- power to gain the safe and expeditious the United States, the Secretary of bility for Kuwait on behalf of United release of their loved ones. The same State, and others, about ways to States contractors to prisoners in an commitment will be made to the strengthen it. Iraqi cell. Barloon family who, I am certain, is Mr. President, there are some weap- David Daliberti and his partner have experiencing the same level of anxiety. ons that are so inhumane that they do done nothing to deserve this sentence. The Iraqis must understand that we not belong on this Earth. They do not As the observers at the trial last Sat- will hold them fully responsible for the fit in our natural law right of self-pres- urday stated, these men are innocent treatment that they are according ervation and defense. Even within that of the charges levied against them. The these two innocent men; that they will natural law, and even with our right of crossing was an honest mistake. This be held accountable in the court of self-defense, we do not have the right mistake has been admitted, but it is international opinion and law for any to use any kind of weapon under any not a criminal offense. adverse actions taken against these circumstances. Antipersonnel land- The Iraqis must understand several two Americans. mines are so inhumane that they fall things. First, that we will not allow There have been a variety of pro- into that category. They have ruined them to utilize this inadvertent cross- posals made, Mr. President, as to what far too many innocent lives already. ing of the border for political purposes. we should do, ranging from diplomatic Anyone who doubts that need only They must understand that their out- to economic to military. I personally look at these photographs. See what rageous action toward these two men is believe that we should not take any op- happens. I started speaking 15 minutes the equal of the outrageous action that tion off the table. We should not give ago. During that time this has hap- they have taken when they refuse to to Saddam Hussein the confidence that pened to at least one person on this abide by the international standards would come by his knowing what we Earth since I started speaking, possibly that would be necessary for a lifting of will not do.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4696 CONGRESSIONAL RECORD — SENATE March 28, 1995 However, affirmatively, I believe the international border between the two tion of S. 635 are located in today’s that we should place our confidence countries, has been repeatedly in contact RECORD under ‘‘Statements on Intro- and place our faith in the individual with Iraqi authorities to ascertain the duced Bills and Joint Resolutions.’’) who has the constitutional responsi- whereabouts of the two individuals, obtain Mr. GRAHAM. Mr. President, I ask assurances of their well-being, and urge the bility to lead United States efforts in a Government to release them immediately. unanimous consent, if I might, to be matter of this type, and that is the Mr. Kofi Annan, Under-Secretary-General listed as an original cosponsor of the President of the United States. for Peace-keeping, has also been in touch legislation just introduced by the Sen- On Friday, I met with the President with the Permanent Representative of Iraq ator from Texas and extend my com- at the White House, and I was im- to the United Nations to protest the incident mendations to her for proposing this pressed with the degree to which he and to urge the Government of Iraq to take long-overdue reform in the treatment was personally knowledgeable of the immediate steps to obtain release of the de- of our highest national military leader- minute details of this issue; that he tainees. Mr. Annan is also keeping the Per- ship. manent Representative of the United States had been in personal contact with key informed of any developments in this regard Mrs. HUTCHISON. Mr. President, I figures who have the capability of as they occur. am proud to have the Senator from bringing maximum pressure upon the You may be assured that the United Na- Florida be an original cosponsor of the Iraqis, and his commitment to see that tions will continue to do everything we can bill, and I look forward to working these two men are released as expedi- to bring about the rapid release of the de- with him to correct this inequity that tiously and in the best possible cir- tainees. Please convey to their families my we have seen occur over the last few cumstances. deep concern, together with my personal years. So, Mr. President, I support the reso- wishes that their families will soon be re- united. f lution that is before us today. I think Please accept, Sir, the assurances of my it is important that the United States highest consideration. RECESS UNTIL 2:15 P.M. Senate send a strong signal to Baghdad BOUTROS BOUTROS-GHALI. The PRESIDING OFFICER. Under as to our outrage at their action and Mr. FEINGOLD. Mr. President, I the previous order, the Senate now that their action will not secure any commend the Senator from Iowa, Sen- stands in recess until 2:15 p.m. steps which will be beneficial to the ator HARKIN, for his leadership on this There being no objection, the Senate, country of Iraq. issue. The virtual kidnaping of two in- at 12:31 p.m., recessed until 2:15 p.m.; The irony is that the control of the nocent American businessmen by Iraq whereupon, the Senate reassembled future of Iraq and its people, the abil- is a very serious matter. when called to order by the Presiding ity to lift the economic sanctions and Obviously, I will vote for this amend- Officer (Mr. ASHCROFT). to begin a process of restoring Iraq to ment because it strongly condemns the f a membership in an international com- Government of Iraq for its unjustified munity of law-abiding nations lies to- action. I also think it empowers the REGULATORY TRANSITION ACT tally within the Government of Iraq President as he strives to assure the The Senate continued with the con- itself and particularly its leader, Sad- prompt release and safe exit of our two sideration of the bill. dam Hussein. citizens from Iraq. VOTE ON AMENDMENT NO. 411 For months, that regime has rejected At the same time, though, I want to its opportunity and responsibility to The PRESIDING OFFICER. The explain for the RECORD that in voting question occurs on amendment No. 411 take those actions. Now they are po- for a resolution which urges the Presi- tentially attempting to use these two offered by the Senator from Iowa [Mr. dent to ‘‘take all appropriate action’’ HARKIN]. innocent Americans as a lever to in this matter, I do not believe that achieve that result. On this question, the yeas and nays Congress is authorizing any broad use have been ordered. The clerk will call They shall not succeed. The United of military action. While the President States, with our international allies the roll. may initiate an emergency operation The bill clerk called the roll. and with the coalition that is being or- to rescue American citizens, any mili- ganized by President Clinton, will Mr. LOTT. I announce that the Sen- tary action beyond that into Iraq ator from New Hampshire [Mr. SMITH] bring both maximum force, maximum would have to be specifically author- diplomatic, economic and, if necessary, is necessarily absent. ized by Congress. I further announce that, if present other initiatives in order to achieve I make this point, Mr. President, be- the release of these men, while at the and voting, the Senator from New cause I have seen in the past how some- Hampshire [Mr. SMITH] would vote same time standing firm behind the times we quickly and quite appro- sanctions which Iraq imposed upon ‘‘yea.’’ priately pass some foreign policy reso- The PRESIDING OFFICER. Are there itself by its lawless activities. lutions to express a sense of the Sen- So, Mr. President, I urge my col- any other Senators in the Chamber de- ate, only to have them reinterpreted as siring to vote? leagues to adopt this resolution and a broad authority for some unforeseen send the signals that have the best op- The result was announced—yeas 99, or even uncontemplated military ac- nays 0, as follows: portunity to achieve the release of tion later. I hardly expect that to be [Rollcall Vote No. 116 Leg.] these two men to the regime in Bagh- the case with this amendment, but I dad and to reinforce the leadership wanted to set the record straight from YEAS—99 which is being provided by our Presi- the outset. Abraham Craig Hatfield dent in Washington. Akaka D’Amato Heflin Mrs. HUTCHISON addressed the Ashcroft Daschle Helms Thank you, Mr. President. Chair. Baucus DeWine Hollings EXHIBIT 1 The PRESIDING OFFICER. The Sen- Bennett Dodd Hutchison Biden Dole Inhofe MARCH 24, 1995. ator from Texas. Bingaman Domenici Inouye Senator BOB GRAHAM, f Bond Dorgan Jeffords U.S. Senate, Boxer Exon Johnston Washington, DC. UNANIMOUS-CONSENT AGREEMENT Bradley Faircloth Kassebaum DEAR SENATOR GRAHAM: Thank you for Breaux Feingold Kempthorne your letter of 23 March 1995 expressing your Mrs. HUTCHISON. Mr. President, I Brown Feinstein Kennedy grave concern for the two United States citi- ask unanimous consent to conduct Bryan Ford Kerrey zens who have been detained by the Govern- Bumpers Frist Kerry morning business and request that the Burns Glenn Kohl ment of Iraq since 13 March after acciden- Senate stand in recess following my re- Byrd Gorton Kyl tally crossing the border between Kuwait marks. Campbell Graham Lautenberg and Iraq. Please be assured that I share your The PRESIDING OFFICER. Without Chafee Gramm Leahy concern. Coats Grams Levin Since the incident occurred, General objection, it is so ordered. Cochran Grassley Lieberman Krishna Thapa, the Force Commander of the Mrs. HUTCHISON. I thank the Chair. Cohen Gregg Lott United Nations Iraq-Kuwait Observation (The remarks of Mrs. HUTCHISON and Conrad Harkin Lugar Coverdell Hatch Mack Mission (UNIKOM), which is situated along Mr. NUNN pertaining to the introduc-

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4697 McCain Pell Simon tended, in allowing them to go forward nificantly more benzene and it will McConnell Pressler Simpson Mikulski Pryor Snowe with the regulations. We all know that only cost us a fraction more of the $31 Moseley-Braun Reid Specter the workplace is a lot safer today than million that it would take to remove Moynihan Robb Stevens it was 50 years ago. We know that there the benzene in the water.’’ Murkowski Rockefeller Thomas are people today who are not perma- The regulators said, ‘‘No deal.’’ So, in Murray Roth Thompson Nickles Santorum Thurmond nently disfigured as a result of the effect, they spent $31 million and re- Nunn Sarbanes Warner workplace rules that are in place. moved a little bit of benzene, where Packwood Shelby Wellstone We have an airline industry that has they could have spent a few dollars NOT VOTING—1 the finest safety record of any airline more and removed a lot of benzene. Smith industry in the world. We know that we But, no; that is how far into space have problems that have developed, some of these regulations go. So the amendment (No. 411) was but, generally speaking, our food regu- The Senator from Oklahoma and I agreed to. lations allow the American public to believe that we need to eliminate many Mr. LEAHY. I move to reconsider the clearly eat food that is given to them. of the problems. To do that, we need to vote. Some good things have happened. establish a safety mechanism that will Mrs. HUTCHISON. I move to lay that Twenty years ago, Mr. President, 80 enable Congress to look at the regula- motion on the table. percent of the rivers were polluted. tions that are being promulgated and The motion to lay on the table was Now it is 20 percent. It has just re- decide whether they achieve the pur- agreed to. versed. It used to be, 20 years ago, that pose they are supposed to achieve in a Mr. REID addressed the Chair. 20 percent of the rivers were rational, economic, and less burden- The PRESIDING OFFICER. The Sen- unpolluted; now 80 percent of the rivers some way. The substitute does just ator from Nevada. are not polluted. So we have made that. Mr. REID. Mr. President, what is the progress and a lot of this is because of The Senator from Oklahoma and I matter before this body? meaningful legislation and the mean- have worked for many years in a bipar- AMENDMENT NO. 410 ingful implementation of regulations. tisan fashion to do something about The PRESIDING OFFICER. The The problem is, though, that too Government regulations. We ap- pending question is amendment No. often Congress passes a law with good proached this in the past. In fact, last 410, offered by the Senator from Okla- intentions and sound policy, only to year, this body passed legislation that homa. have the agencies turn these simple we introduced which would have put a Mr. REID. Mr. President, the senior laws into complex regulations that dollar number on regulations that were Senator from Oklahoma and I, among even the regulators do not understand. promulgated. others, have offered this substitute to And certainly they go beyond the in- Well, I believe this is a more realistic S. 219 because we believe it is a good tent of Congress. way to approach the problem. The leg- solution to the problem of excessive There are a myriad of stories that islation that we introduced last year bureaucratic regulation. each of us have in our offices of how that passed was knocked out in a con- Mr. President, yesterday on the Sen- businesses, large and small, have to ference committee. So this is a bipar- ate floor, I outlined in some detail the hire large legal departments. And if tisan approach to accomplishing the merits of this substitute amendment. that is not enough, they have to have goal of making Government more During that period of time, the Senator people who specialize in other areas, meaningful. from Oklahoma and I, in a number of dealing with regulations that have I would like to just mention briefly, exchanges, laid the foundation for this been promulgated. Mr. President, that this bill provides a legislation. What this is all about is The reality is that Americans have 45-day period where Congress can re- the fact that we have too many regula- become frustrated and skeptical about view new regulations. We can enact a tions that, in effect, are given to us— our Government. One reason, I believe, joint resolution of disapproval and we and when I say ‘‘us,’’ I mean the Amer- is because of the myriad of regulations would do it on a fast-track basis. If the ican public—without the Congress hav- over which they feel and we as a Con- rule would have an economic impact of ing any ability whatsoever to review gress feel we have no control. over $100 million, it is deemed to be these regulations. As an example, a survey was con- significant and the regulation will not In fact, Mr. President, since the ducted by Times Mirror, which found go into effect until the 45-day period Chadha decision, the bureaucrats have, that since 1987, the number of Ameri- has expired. This 45-day review will in effect, laughed at the Congress. cans who believe regulations affecting allow Congress to hold Federal agen- When we were concerned about an area business usually do more harm than cies accountable before the regulations in which they were going to promul- good has jumped from 55 to 63 percent. become, in effect, law and start im- gate regulations, there was not a thing In just these few short years, people pacting the regulated community. we could do about it because they, in feel worse about government rather If the rule does not meet the $100 mil- effect, said you tried once to put up a than better. So we should get the mes- lion threshold, the regulation will go legislative framework to review regula- sage. into effect but will still be subjected to tions and you were told by the Su- Mr. President, yesterday I pointed fast-track review. preme Court you could not do it. So, as out to the Members of this body the Even significant regulations may go a result of that, I believe personally number of regulations that have been into effect immediately if the Presi- that we have had a lot of regulations placed in effect just since the last elec- dent, by Executive order, determines that were unnecessary and, in effect, tion. It is a large number of regula- that the regulations are necessary for the bureaucrats have told the Con- tions, about 15 pages of very fine print health, safety, national security or are gress: We will do what we want. that we have of new regulations. necessary for the enforcement of crimi- It is estimated by the U.S. Chamber I talked, Mr. President, about some nal law. This is not subject to judicial of Commerce that complying with Fed- of the—for lack of a better descrip- review. eral regulations costs over $500 billion tion—ridiculous things that have hap- On issuing a rule, the Federal agency a year. The amount of time filling out pened because of some regulations. I must forward a report to Congress con- paperwork for these same procedures is talked yesterday about a number of taining a copy of the rule. about 7 billion hours—not million, but companies. One that I talked about was Mr. President, this 45-day review billion hours. Multiply that times the a New York company which was told to process will begin when the rule is sent minimum wage, and it is a lot of get benzene out of its water supply. to Congress or is published in the Fed- money. But, of course, it is more than They said, ‘‘Fine,’’ because they knew eral Register, whichever is sooner. minimum wage. how much benzene was in their water I want to spend just a very brief time Mr. President, we all know that regu- that they could remove. The manufac- talking about the Chadha case. In that lations serve a valid purpose if they are turer said, ‘‘But we will make you a case, the Supreme Court ruled that implemented properly and they serve better deal. We have other processes in Congress had no right to veto a regula- the intent, what the legislature in- this plant where we can get rid of sig- tion unless the President was involved

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4698 CONGRESSIONAL RECORD — SENATE March 28, 1995 in it; in effect, unless we treated this But the rules on health and safety, reviewed, they would be sunset. We had like regular legislation. for instance, would be thrown out by the 45-day legislative veto in that leg- In the Chadha instance, the Presi- that House legislation. They would be islation, which this substitute amend- dent had no power to do anything. It held up. In other words, the protections ment to S. 219 provides, and we had ju- would just be the Congress would over- against E. coli bacteria, which killed dicial review only on the final rule. turn the regulation. children, or cryptosporidium, which That is a good, tough bill. Let me say No matter whether you agree with killed 100 people in Wisconsin and some that Senator ROTH, our committee the reasoning of the Court or not, that 400,000 ill, were not in effect. chairman now on the majority side, is the rule of the land, and so to meet Airline safety is another one where moved that bill through committee, the problems that were encompassed in we have rules and regulations that and I think it is an excellent bill. that decision, the Senator from Okla- would be held up now even though they We supported that bill. We voted it homa and I drafted this substitute so should be in there. out of committee 15 to 0, our com- that the President would have the Those are some examples of things mittee membership being a total of 15. right to veto our legislative veto. that would be held up if we passed that All Democrats, all Republicans got to- If a regulation is submitted to us and House bill. That is not what we are gether. It is a good, tough, workable we do not like it, both Houses turn it dealing with today. But the companion regulatory reform bill. I hope that we down, and the President does not like bill in the Senate is S. 219, which was could consider it shortly. it, he can veto it. The only way we can introduced by the distinguished Sen- But meanwhile, just a part of that override his veto is by a two-thirds ator from Oklahoma. S. 219 drew a lot bill—in effect, the 45-day legislative vote. That is fair. I am sorry we have of amendments, a lot of fire in com- veto—is what we are considering now to take it to the President, but that is mittee, enough so that when it was fi- as a substitute for S. 219. Yesterday we what the Supreme Court said we have nally voted out of committee, over our held the floor for several hours talking to do. objections on the minority side, this I think this procedure meets all the about our concerns and what could substitute for it was brought forward. constitutional requirements that peo- happen under the original moratorium This substitute is a legal veto or bill, which is H.R. 450, or the S. 219 as ple raised in the past. legal reconsideration which is a long Mr. President, I hope that we can voted on the floor. What we are doing ways from the original S. 219 that it re- have a strong bipartisan vote on this today is substituting this legislative places. bill. It is time that we worked together veto for S. 219. If we then sent this legislative veto on issues. There is not a Member of I have gone through this a couple of to the conference with approval today, this body, on either side of the aisle, times because it is a little bit complex, and it is goes to conference with the who does not recognize, I hope, that we and in talking to some of our Members, original bill in the House, H.R. 450, have all kinds of problems with regula- they do not understand exactly where they are poles apart in what they pro- tions. If one goes home to a townhall we stand with regard to the legislative vide; what our concern has been all meeting and there is a businessman veto or the moratorium bill. there, big or small, that is what they along is that if we go to conference So the legislative veto substitute, in complain about more than anything with the House and then give in to the effect, replaces the Senate version of else, the paperwork that is burying House, we could come back with some- the moratorium bill, S. 219. So the ex- them. And in the process of burying thing completely unacceptable, and it amples I gave on the floor for a couple them, people are losing jobs, and it is will not be amendable by our rules for of hours yesterday were things that just not good for the American process. consideration of conference reports. would occur if we went to conference So I hope that we will respond with a There is another situation we have. and came back basically with the strong vote. This bill sets forth proce- In the Governmental Affairs Com- House bill, which we think goes way, dures that are designed to make sure mittee, we already considered and way, way too far. the process of evaluating new regula- voted out a regulatory reform bill, of So I think Senator LEVIN will be on tions does not give an advantage to ei- which a similar legislative veto like the floor shortly with some amend- ther the President or to the Congress. this is a part. I have wished, if things ments to be proposed first, and then I So I hope that we can move forward on had been different, that we would be hope we can move along and complete this bill at the earliest possible date. working on that bill on the floor in- action on this bill today. Mr. GLENN addressed the Chair. stead of on this measure that only en- I suggest the absence of a quorum. The PRESIDING OFFICER. The Sen- compasses part of the regulatory re- The PRESIDING OFFICER (Mr. ator from Ohio. form problem. ABRAHAM). The clerk will call the roll. Mr. GLENN. Mr. President, I, too, That is not what we are voting on, The bill clerk proceeded to call the share the concerns about regulations though, today. I think most of us will roll. that the Senator from Nevada just probably vote for the legislative veto Mr. HELMS. Mr. President, I ask talked about. We all have heard from provision that the Senator from Okla- unanimous consent that the order for our people back home, our constitu- homa has proposed. We do have some the quorum call be rescinded. ents, our businessmen, our industry, perfecting amendments. Senator The PRESIDING OFFICER. Without our farmers, our average citizens about LEVIN, who is not on the floor at the objection, it is so ordered. the impact of Federal regulations. How moment but I understand will be here we deal with that is something else very shortly, has two or three amend- f again. That is what we are grappling ments. I have one I may propose later VISIT TO THE SENATE BY THE with. this afternoon. I think there are a cou- NEW ZEALAND PRIME MINISTER We have had a couple things happen ple on the other side of the aisle to be here. One, over in the House there is proposed. RECESS H.R. 450, which we view as rather dra- Regulatory reform is a very, very Mr. HELMS. Mr. President, I ask conian. It would stop everything from complex matter. It is not easy. I think unanimous consent that the Senate just a few days after the election on for we should be taking it up in its en- stand in recess for 5 minutes for the a year, stop all rules and regulations tirety and not just piecemeal with Members to come to the floor and pay from going into effect. things like this where we drag out their respects to the distinguished That is draconian in that it throws parts of it for consideration and do not Prime Minister of New Zealand, Mr. out the good with the bad. We have a consider the other parts of it. James Bolger. lot of rules. Many of them are final Our regulatory reform that we voted There being no objection, the Senate, rules and some of them are proposed out of committee, for instance, had at 3:16 p.m., recessed until 3:23 p.m.; rules that have taken effect since the provisions in it for risk assessment and whereupon, the Senate reassembled election last year. Many had been in cost-benefit analysis for rules above when called to order by the Presiding preparation for a year, a year and a $100 million. It had a requirement that Officer [Mr. ABRAHAM]. half, some of them maybe even a little all the regulations be reviewed at least The PRESIDING OFFICER. The bit longer than that. once every 10 years. If they were not Chair, in his capacity as a Senator

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4699 from Michigan, suggests the absence of If we take the right approach to reg- the cornerstone of our efforts to pre- a quorum. ulatory reform, we can provide more vent further poisoning. The clerk will call the roll. protection for public health. At the However, if the moratorium is en- The assistant legislative clerk pro- same time, we can cut costs and cut acted, the information collection rule ceeded to call the roll. red tape. cannot be issued. If that happens, Mr. BYRD. Mr. President, I ask unan- But if we take the wrong approach, water suppliers will not be able to imous consent that the order for the we may jeopardize public health. And monitor for cryptosporidium during quorum call be rescinded. we may create more redtape, litiga- spring runoff, when it is thought to be The PRESIDING OFFICER. Without tion, and delay. more prevalent. That will prevent us objection, it is so ordered. So the stakes are high. Fortunately, from gathering data for at least an- f it looks like we are getting off to a other year. And that, in turn, will fur- good start. ther delay the development of an effec- RETIREMENT OF CHICK REYNOLDS Last week, I was not so sure. We tive treatment method. As a result, we Mr. BYRD. Mr. President, Chick Rey- faced a short term moratorium that will run the risk that another outbreak nolds, chief reporter of the Official Re- would have blocked some urgently will occur, and that hundreds more porters of Debates, will retire from the needed rules. We also faced a long-term people will die. Senate effective July 7, 1995. reform bill that would repeal some of THE NICKLES-REID AMENDMENT Mr. Reynolds’ career in stenotype re- the laws that protect our air, our Fortunately, the moratorium is porting began in 1949, when he was em- water, and our neighborhoods. being withdrawn, at least for now. In- ployed by the Department of Defense. In both cases, we seem to be coming stead, we are considering the Nickles- In 1950, he went to work for the to our senses. The moratorium is about Reid amendment. Alderson Reporting Co. in Washington, to be replaced with the Nickles-Reid To my mind, this amendment is DC, where he stayed until 1971, at amendment. And the Government Af- much closer to the mark. It requires which time he opened his own steno- fairs Committee declined to adopt rad- that Government agencies submit their graphic reporting firm. In 1974, he was ical versions of long-term regulatory new rules to Congress. And it sets up a appointed an official reporter with the reform. Instead, it reported a solid, bi- fast-track process for reviewing those Senate Official Reporters of Debates partisan bill. rules. That way, Congress can distin- and became chief reporter in 1988. CONCERNS ABOUT THE MORATORIUM guish good rules from bad. If an agency During his working career as a steno- Today we are considering the bill to goes haywire, like OSHA did with its type reporter, Chick was considered impose a short-term moratorium. Let logging rule, Congress can reject the one of the fastest and most accurate me briefly explain why such a flat, rule. But if an agency is doing a good writers in the country. broad-based moratorium is a bad idea. job, the rule will go into effect, and His assignments covered every aspect In a nutshell, it does not distinguish public health will not be jeopardized. of his profession, some of which put good rules from bad. Of course, the amendment is not per- him in the center of the headlines of All too many rules fall into the sec- fect. In particular, I hope that we can the day. He reported Federal agency ond category: stupid, unnecessary rules improve some of the fast-track proce- hearings and various committees in that impose high costs and just plain dures. But, on balance, the Nickles- both the House and the Senate. He re- make people angry. Reid amendment improves the process ported the Joseph McCarthy and For example, OSHA recently pro- for reviewing agency rules. Jimmy Hoffa hearings on Capitol Hill. posed new rules that would require CONCLUSION He was assigned to cover the White loggers to wear steel-toed boots. Mr. President, I also believe that the House during the Kennedy, Johnson, Seems to make sense. Unless you are Nickles-Reid amendment does some- and Nixon administrations. During his working in western Montana in winter, thing more. It sets the right tone for assignment with the Kennedy adminis- on a steep slope and frozen ground. In the upcoming debate about regulatory tration, he reported President Ken- that case, steel-toed boots may be slip- reform. We must get past the slogans, nedy’s famous Berlin speech and was pery and unsafe. Especially if you are and get down to the hard work of mak- also in the Presidential motorcade on carrying a live chain saw. ing Government rules more effective that tragic day in Dallas, TX, when For that reason, western Montana and understandable. President Kennedy was assassinated. loggers thought that the rules made no I look forward to continuing to work Mr. Reynolds has served the Senate sense at all. So we convinced OSHA to with the members of the Government and the Nation with distinction and back off, talk to Montana loggers, and Affairs Committee and with all Sen- loyalty for the past 21 years. reconsider. But there are other rules ators to accomplish this important ob- I know all Senators will join me in that do make sense. That protect pub- jective. thanking Chick for his long and dedi- lic health. That protect the environ- Mr. NICKLES. Mr. President, I might cated service, and extending our pray- ment. And that are urgently needed. mention to our colleagues that we have erful wishes to him and his wife, Lu- Yesterday, Senator GLENN gave some made significant progress in the last cille, in the coming days. very compelling examples: E. coli; air- couple of hours in negotiations on a Mr. President, I yield the floor. I sug- line safety; radioactive waste; and oth- few amendments. I appreciate the co- gest the absence of a quorum. ers. operation of Senator REID, and also The PRESIDING OFFICER. The Let me mention one such rule, which Senator LEVIN, Senator GLENN, and clerk will call the roll. is of particular concern to the Environ- Senator DOMENICI, who have had some The assistant legislative clerk pro- ment and Public Works Committee. It amendments, and we are working those ceeded to call the roll. is the rule, or cluster of rules, for out. Hopefully, we will be able to agree Mr. NICKLES. Mr. President, I ask cryptosporidium. Cryptosporidium is a to some of those. unanimous consent that the order for deadly pathogen. It occurs in drinking I might mention to my colleagues, I the quorum call be rescinded. water. As we all know, it was respon- discussed this with the majority lead- The PRESIDING OFFICER. Without sible for the deaths of hundreds of peo- er, and he very much would like to pass objection, it is so ordered. ple, and the illness of hundreds of thou- this bill tonight. It is our expectation f sands more, in Milwaukee. to finish this bill tonight, partly be- EPA has been working with public cause we need to go to the supple- REGULATORY TRANSITION ACT water suppliers to develop an informa- mental appropriations or the rescis- The Senate continued with the con- tion collection rule. This rule will pro- sions bill that was reported out of the sideration of the bill. vide EPA, States, and public water sup- Appropriations Committee last Friday. Mr. BAUCUS. Mr. President, this is pliers with critical information about That may take some time. the first chapter of one of the most sig- the occurrence of cryptosporidium and So the majority leader has let it be nificant debates that will occur during other pathogens. It also will provide in- known that he plans to go to that bill the 104th Congress: the debate about formation about the effectiveness of tomorrow. So we need to finish this regulatory reform. various treatment methods. It will be bill.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4700 CONGRESSIONAL RECORD — SENATE March 28, 1995 I want to thank my colleagues who half of Senator GLENN and myself. It is what this amendment does. I think it have been cooperative in working with something which we have worked out is an improvement. us in trying to come to a resolution of with the floor managers. I thank them We have no objection on this side, some of the items in dispute on this for their efforts. and I urge its adoption. package. I am optimistic that we will This amendment modifies the proce- The PRESIDING OFFICER. If there be successful. dure for discharging a joint resolution is no further debate, the question is on I am ready to consider an amend- of disapproval from committee. By agreeing to the amendment. ment by the Senator from Michigan, amending the substitute this way, this The amendment (No. 412) was agreed and I yield the floor. will conform much more closely to the to. Mr. LEVIN addressed the Chair. legislative review provision which was Mr. GLENN. Mr. President, I move to The PRESIDING OFFICER. The Sen- passed in the Governmental Affairs reconsider the vote by which the ator from Michigan. Committee last week by a vote of 15–0 amendment was agreed to. Mr. LEVIN. Mr. President, first let on the regulatory reform bill. Mr. LEVIN. I move to lay that mo- me thank the Senator from Oklahoma This amendment would continue to tion on the table. for his work on this substitute. It is a allow for a committee to vote by ma- The motion to lay on the table was very important substitute. It embodies jority to discharge a joint resolution of agreed to. a principle which is a very important disapproval of a regulation. That would Mr. DOMENICI addressed the Chair. principle, and that is that the Congress continue as it is in the substitute. The The PRESIDING OFFICER. The Sen- should be responsible and accountable majority of a committee could dis- ator from New Mexico. for these major regulations that are charge a resolution of disapproval of a Mr. DOMENICI. Mr. President, I imposed on people. We should not just regulation. come to the floor to compliment Sen- simply pass laws and then go on to the What this would add is that where a ators NICKLES and REID on their next law without keeping a very sharp petition is filed by 30 Members of the amendment. Very shortly, hopefully, I focus on what the agencies do through Senate, or by the consent of the major- will have an amendment that I will the regulatory process. ity and minority leaders, that we also talk about. But let me just speak to So what we used to call legislative then would have the discharge of a res- the substitute amendment that was of- veto—something I supported even be- olution of disapproval of a regulation. fered by the Senator from Oklahoma, fore I came to the Senate and have con- The intent is to protect rights of a sig- Senator NICKLES, and the Senator from tinued to do so—we now are going to nificant minority of the Senate to ob- Nevada, Senator REID. call legislative review because it is tain the discharge of a resolution of First, there is no question that there slightly different from the veto mecha- disapproval. is plenty, plenty of blame to go around nism which was adopted about a decade Since the discharge triggers these ex- for the unreasonable, irrational regu- ago. pedited procedures, it is important latory maze that exists in this country. This legislative review process of the that it be a balanced and a fair process There is plenty of blame to go around, Senator from Nevada and the Senator and that a significant minority of Sen- because Congress passes laws that re- from Oklahoma is a very, very signifi- ators have the opportunity to accom- quire regulations. cant improvement, I believe, on what plish that. Bureaucrats decide that they have to the current process is of regulatory re- This amendment, we think, does ac- write regulations, and many times we view. Of course, it is a major change in complish that. I want to thank my co- tell them they must. The courts of this approach from the moratorium which sponsor, as well as the managers, for land are very prone to get involved in is before us. their willingness to work this out. the adequacy of regulations. And so be- Before I offer my amendment, I want Mr. GLENN. Mr. President, I fully tween the agencies of Government and to commend my friend from Oklahoma support the amendment by the Senator those who write regulations, and and the Senator from Nevada for the from Michigan. I think it does several courts who interpret them, it is really work that they have done on this legis- things. It protects the rights of the mi- obvious to millions of Americans that lative review substitute. nority. It provides a dual method of we have a very unworkable regulatory AMENDMENT NO. 412 TO AMENDMENT NO. 410 getting rules and regulations consid- system. Mr. LEVIN. Mr. President, I now send ered. It can be initiated not only by the Many of the ultimate regulations, as to the desk an amendment and ask for majority and minority leaders, but also implemented, in particular against its immediate consideration. by a petition of 30 Members. small business people, are sufficiently The PRESIDING OFFICER. The And this does something else. It unreasonable and unworkable that clerk will report. means that we will not just have frivo- they are causing millions of Ameri- The assistant legislative clerk read lous actions brought up. If you have to cans—men and women—to be very as follows: get 30 Members of the Senate of the angry at their country. As a matter of The Senator from Michigan [Mr. LEVIN], United States to agree on anything on fact, one of the single most reasons for for himself and Mr. GLENN, proposes an a petition, it is going to be something Americans being angry at their coun- amendment numbered 412 to amendment No. significant; it is not going to be a frivo- try is regulations that do not make 410. lous matter. You are not going to be sense, or are unintelligible or cost too Mr. LEVIN. Mr. President, I ask able to get a couple of friends and be much for what the entity regulates unanimous consent that the reading of able to call a rule up, or get a buddy- knows they are being asked to do. And the amendment be dispensed with. buddy vote out of somebody and call a there is no easy way to fix it. As a mat- The PRESIDING OFFICER. Without rule up on that basis. ter of fact, I have spent well on a year objection, it is so ordered. When you have to get 30 Members to trying to figure out some generic ways The amendment is as follows: do it, it has to be something sub- to address this maze of regulatory, bur- On page 9, line 2, strike everything after stantive, and I agree with that. That is densome regulations causing great anx- ‘‘discharged’’ through the period of line 6 and why I am very glad to support the pro- iety among men and women, in par- insert the following: ‘‘from further consider- posal by the Senator from Michigan. ticular, small business people. I am ation of such resolution in the Senate upon I yield the floor. sure as we move through our next step a petition supported in writing by 30 Mem- Mr. NICKLES addressed the Chair. beyond that bill to try to get regu- bers of the Senate or by motion of the Major- The PRESIDING OFFICER. The Sen- latory reform, there will be some more ity Leader supported by the Minority Lead- er, and in the House upon a petition sup- ator from Oklahoma. good ideas. ported in writing by one-fourth of the Mem- Mr. NICKLES. Mr. President, I wish (Ms. SNOWE assumed the Chair) bers duly sworn and chosen or by motion of to thank my friends and colleagues Mr. DOMENICI. But for now, an ap- the Speaker supported by the Minority Lead- from Michigan and Ohio, as well as proach that will say new regulations, er, and such resolution shall be placed on the Senator REID and Senator BOND. All before they become effective, must go appropriate calendar of the House involved.’’ four Senators have been involved in to the committees of jurisdiction on Mr. LEVIN. Mr. President, this this issue in trying to make sure that the Hill for their perusal to see wheth- amendment is sent to the desk on be- we protect minority rights, and that is er or not the committees that pass the

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4701 laws think that the regulations passed any of those things are going to hap- have a risk assessment and cost-benefit by the regulators are beyond the law pen. It may get a good reduction in analysis done. And then in that legisla- and unreasonable and unworkable and amount, but it is going to be here be- tion we voted out, also, we required will have a chance to look at them. cause it does some very positive things. that there be a review of those regula- And, yes, under this 45-day morato- When we had the S&L crisis, it was im- tions not less than once every 10 years. rium, prior to the final adoption, Con- portant that they did a lot of auditing. In other words, there is a sunset provi- gress occasionally can pick one of We would have to go out and hire inde- sion in there that says that no matter those and do it in an expedited manner, pendents to do that, and would they be how good the regulations are, they deny its efficacy, and say it is not at Congress’ beck and call and have should be looked at for adequacy and going to be carried out. real professionalism? I do not know. for improvement and for sunsetting at So in a very real sense, we have set We are going to offer an amendment least once every 10 years. upon the committees of the Congress— that is going to essentially say that Now, in that legislation we also have that is, Senate and House and the staff the General Accounting Office gets a 45-day legislative veto, which is that works for us—a very difficult job, into this new process of review, by about the same as what we have here. because now we are saying in a couple being our arm in looking carefully at That legislative veto would apply to all of years we will have looked at the new what the regulators have put together significant rules. regulations in this process, and if we to make sure that they have complied Once it is modified, the committee let them get by, shame on us. If we with the legal requirements. And, yes, could call it up the same as this legis- have this overview process thrust upon upon request, they can look at the lation now. We also provided that when us by this amendment and we let the cost-benefit ratio. Essentially, they are a final rule is written, we would allow regulations get by, and 2 years after going to be there before we ever get judicial review. they are in place, we go to a hearing in these regulations to the committee; That is not the legislation that is be- Maine, New Mexico, Idaho, or Ohio—or they are going to be seeing whether the fore Congress today. That is the regu- we might even have a hearing in Okla- agencies did it right. I think that is in- latory reform bill we voted out, and I homa, but that would be very dif- valuable. I think we will, 3 or 4 years think that is the one we should be con- ficult—the people would say, ‘‘Look at from now, thank the Lord that we put sidering because it includes not only this regulation; it does not have any them in this process, because it is so the 45-day legislative veto that we are common sense and it is too expensive. tough to review these regulations, es- talking about here today as a sub- There is no cost benefit ratio that is pecially the significant ones, that I am stitute for S. 219, but it would add the meaningful.’’ Shame on us, because not sure the committees and our staffs whole package of regulatory reform— this bill, which I hope becomes law, is would get it done, or they would con- risk assessment, cost-benefit analysis— going to say: Congress, you had a shot stantly, most probably, be in a catch- not just by Executive order of the at it because these significant regula- up state because it is so tough. President, as it is now, but require it in tions which we estimate based on past You have to do it timely if you are law. performance may be 900 a year, and we going to kill any of these because they We would also require a review of all are going to have a chance to look at are infective, because after 45 days, you major rules on a 10-year basis; we them. cannot do anything to them; they are would have a 45-day legislative veto Madam President, shortly, an amend- final. That is our own law that we are similar to the one we have here; and we ment is going to be offered that I have about to adopt here. To make that pe- would provide for judicial review on authored. It has been worked on by riod any longer probably prejudices the the final rule. That is a complete pack- both sides to try to make sure that we regulatory process. So I think we will age and one I hope we have up very all understand it. But it came to me have to live with that. I compliment shortly. that there is a governmental entity those who put it together, and I urge Now, specifically, as to the com- that works for us called the GAO. And the Senate to adopt an amendment ments of the Senator from New Mexico they have been, in the past, asked by which puts the GAO in this with their on the GAO, I agree on the excellence committees, asked by individual Mem- resources to advise and help the com- of GAO’s capability and the excellent bers of Congress, to go check on some- mittees as we attempt to review the work that they do. They are an ideal thing, go audit something, go review process of reviewing the significant group to look at these matters. something. And I will admit that, in regulations affecting our lifestyles, the past, they were subject to some businesses, and many individual Amer- My only concern is whether we might very, very proper criticism. I do believe icans that are regulated by our Govern- be overloading GAO. When we are talk- they got very cozy with certain Mem- ment. ing about requiring GAO to do a com- bers. I do believe many of their reports I thank the Chair and I yield the plete analytical analysis of everything were not clear peer review because floor. that comes up, that is one thing. If we they were doing them for a certain pur- Mr. GLENN. Madam President, I ap- are requiring them to make sure that pose. But I believe, nonetheless, that preciate very much the comments of the procedures required by law have they have a great quality of expertise my colleague from New Mexico. I know been met by each agency and depart- and a desire to be helpful to the Con- he has considered this very carefully. ment in putting their risk assessment gress. As to his initial comments about the or cost-benefit together, if it is a proce- So, essentially, what I suggested to bill and the need for it, the need for dural analysis to make sure everything my friends, Senator NICKLES, Senator regulatory reform, I could not agree is done, that is quite a different thing. REID, and others from the Government more. I think we are long overdue in GAO is ideally situated to do the sec- Operations Committee, including the addressing this issue. We have dealt ond of those, to make sure that all the ranking member, Senator GLENN, I sug- with regulatory reform in the Govern- boxes have been checked, to make sure gested that we ought to use the GAO in mental Affairs Committee. In fact, we that all the procedures have been fol- this process, so that as our committees have voted out a bill. lowed. If we are to ask GAO to do their have to do these reviews, we will have Let me compliment my chairman, own complete risk assessment and the benefit of a pool of resources to go Senator BILL ROTH, on this. We have cost-benefit analysis, completely sepa- check on the agencies and to advise us voted a bill out that does all of the rate from any that the agencies have as to whether or not they have done things that the distinguished Senator done, that is something else entirely, their job regarding the significant reg- from New Mexico just enumerated. The of course. ulations they are going to be issuing. regulatory reform bill that we voted I point out that just the significant I, frankly, believe the GAO is per- out requires risk assessments and cost- rules number some 800 or 900 a year; fectly fit for this job. We still have a benefit analyses. Cost-benefit analysis some years, probably 1,000. With the very significant GAO. Some will say it now, under current law, is done by Ex- average number of work days a year is going to be cut. Some here want to ecutive order. But under the regulatory here being somewhere between 250 and cut it in half. I guess some would want reform bill, we would lock that in and 270, that means that GAO would have to do away with it. But I do not believe say that all major regulations have to to crank out about three to four of

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4702 CONGRESSIONAL RECORD — SENATE March 28, 1995 these analyses every single working package and molded it. It was a bipar- mation relevant to the Comptroller Gen- day. That is an enormous job. tisan effort. We voted it out, on a eral’s report under subsection (2)(A) of this To require GAO to do these new tasks unanimous basis, of the Governmental section.’’ when there have been proposals in the On page 14, at the beginning of line 5, in- Affairs Committee, 15 to 0. sert, ‘‘section 3(a)(1)–(2) and’’, and on line 5 budget to cut GAO by 25 percent does I think it is a very powerful, tough strike ‘‘3(a)(2)’’ and insert in lieu thereof not make much sense. But I agree that bill. I hope we consider it, because ‘‘3(a)(3)’’. this is a good thing for GAO to be look- what we are considering today is just Mr. DOMENICI. Madam President, ing at. They are ideally situated to do part of that bill. It is a separate 45-day this is the amendment that I allude to it. legislative veto. in my brief remarks about the 45-day In the other bill, the regulatory re- I look forward to having that bill out holdover or moratorium while Congress form bill that we have voted out of on the floor. is given an opportunity to review regu- committee, there are provisions for I yield the floor. lations and processes. peer review for cost-benefit analyses Mr. DOMENICI. Madam President, I We have changed it in two or three and risk assessments. We did that be- thank the Senator for his kind re- ways since I first submitted a draft of cause we thought the job was going to marks. this amendment. I think it is very be sufficiently large that we would not AMENDMENT NO. 413 TO AMENDMENT NO. 410 workable now. Essentially, we are now be able to just ask GAO or someone (Purpose: To provide reports to Congress talking, as I understand it, about the else to do all that analytical and as- from the Comptroller General) significant—significant—regulations. sessment work. Yet, we wanted some- Mr. DOMENICI. Madam President, I My friend from Oklahoma says that body to say that the agencies and de- send an amendment to the desk on be- that is about 900 a year. partments were doing a reasonable job. half of myself and Senator NICKLES, We have made the Federal agencies So we set up a peer review process. and I ask for its immediate consider- promulgating the rule responsible to I am sure when that legislation ation. make available to each House of Con- comes to the floor, we will be debating The PRESIDING OFFICER. The gress and the Comptroller General, that provision to see its adequacy com- clerk will report. upon request, information that is nec- pared to just having GAO do it. So The legislative clerk read as follows: essary so we can see if they have done there are two different procedures here The Senator from New Mexico [Mr. DOMEN- a good job. That means the GAO will that we are looking at. ICI] for himself and Mr. NICKLES, proposes an not have to be involved in any one of On the regulatory reform bill that I amendment numbered 413 to amendment No. 410. those, nor will they have to give every hope we consider within the next cost-benefit analysis, but rather the month or so, we provided for peer re- Mr. DOMENICI. Madam President, I ones they request. view as a way of doing the same thing ask unanimous consent that reading of I believe we will be very pleased we that the Senator from New Mexico is the amendment be dispensed with. adopted this in a few years, when we talking about doing with GAO. The PRESIDING OFFICER. Without find out what a resource GAO will be, I certainly do not object to the GAO objection, it is so ordered. and how much more effective they will proposal so long as we understand, The amendment is as follows: make our committees and our com- when the Senator proposes it, that it On page 2, strike lines 6 through 20, and in- mittee staff, both here and in the will be on the basis of making sure sert in lieu thereof and renumber accord- House. that the processes have all been gone ingly: I do not think I have to say any ‘‘(1) REPORTING TO CONGRESS AND THE COMP- through that are requested. That would more. I hope the amendment is adopted be what GAO would be certifying. GAO TROLLER GENERAL.— (A) Before a rule can take effect as a final soon. would not be required to do their own rule, the Federal agency promulgating such I yield the floor. complete, independent, cost analysis, rule submit to each House of the Congress Mr. NICKLES. Madam President, I cost-benefit ratio and risk assessment, and to the Comptroller General a report con- wish to congratulate and compliment as a completely independent action, taining— my friend and colleague from New which would tie up several times the (i) a copy of the rule; Mexico, Senator DOMENICI, for his number of people we have in GAO. (ii) a concise general statement relating to amendment. I think that is what the Senator from the rule; and I think it is an amendment which im- New Mexico intended that it be—a re- (iii) the proposed effective date of the rule. (B) The Federal agency promulgating the proves this bill. It basically says the view to make sure that all the proper rule shall make available to each House of Federal agency, when they promulgate procedures have been gone through. Congress and the Comptroller General, upon the rule, shall make it available to I know he has not formally sub- request: each House of Congress. That was in mitted the amendment yet, but I made (i) a complete copy of the cost-benefit our bill. those comments on it anyway, in ad- analysis of the rule, if any; But he also says it needs to be made vance. I wanted to point out the details (ii) the agency’s actions relevant to section available to the Comptroller General. of the regulatory reform bill that I 603, section 604 section 605 section 607, and This is for them to analyze it, for them hope we have on the floor within the section 609 of P.L. 96–354; to make sure that the cost-benefit (iii) the agency’s actions relevant to title next 30 or 45 days. II, section 202, section 203, section 204, and analysis has been made, that they are It would require risk assessment/ section 205 of P.L. 104–4; and complying with the unfunded mandates cost-benefit not just by Executive (iv) any other relevant information or re- legislation. order, but in law. No future President quirements under any other Act and any rel- I just compliment the Senator. I could just take that off, out of effect, evant Executive Orders, such as Executive think this improves it. I think this en- by just taking out the Executive order. Order 12866. ables Congress to be able to rely on These would be required by law, risk (C) Upon receipt, each House shall provide GAO and the Comptroller General to assessments and cost-benefit analyses. copies to the chairman and Ranking Member make sure that some of these regula- Each one of those regulations would of each committee with jurisdiction. (2) REPORTING BY THE COMPTROLLER GEN- tions are not excessive in cost. So, this be reviewed on not less than a 10-year ERAL.— is a compliment to the bill. basis or it would sunset. We have the (A) The Comptroller General shall provide I also want to thank my friend and same 45-day legislative veto that would a report on each significant rule to the com- colleague, Senator REID, for his help on be in this legislation here now. All sig- mittees of jurisdiction to each House of the this, as well as Senator LEVIN and Sen- nificant rules would come back to the Congress by the end of 12 calendar days after ator GLENN, as we were negotiating on committee and they would be asked to the submission or publication date as pro- this amendment and actually com- see whether they want to be notified vided in section 4(b)(2). The report of the bining this amendment with an amend- Comptroller General shall include an assess- for judicial review on each rule. EVIN ment of the agency’s compliance with proce- ment that Senator L and also Sen- That is a complete regulatory reform dural steps required with subsection (A)(iv) ator BOND were working on. package. We did a lot of work for which through (vii). So, we have had several Senators try- Senator ROTH deserves a lot of credit. (B) Federal agencies shall cooperate with ing to make some improvements in We stuck with this complete reform the Comptroller General by providing infor- this section. I think this has made our

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4703 legislation better, so I urge my col- a committee wishes to get into it more, I hope the President will take a look leagues on both sides to agree to the then they can. Or they could possibly at the supplemental appropriation bill, amendment. even ask for a complete GAO original send us a letter supporting those cuts, The PRESIDING OFFICER. The Sen- study as we do now of different pieces and then he will really be on record for ator from Nevada. of legislation. That would still be pos- real cuts this year, not 5 years down Mr. REID. Madam President, I extend sible. But this limits it to the GAO re- the road, particularly if $8 billion of my appreciation to the senior Senator viewing whether the agency has com- the $13 billion he talks about is already from New Mexico for improving this plied with procedural steps required in in the President’s budget. substitute. I say that because I look at law. I am glad to have that clarified. The PRESIDING OFFICER. The Sen- this legislation a little differently than With that understanding I believe we ator from New Mexico. some in this Chamber. I know there are would be happy to accept this on our Mr. DOMENICI. Will the Senator some who are saying we are going to side. yield 1 minute? have a bill later on that is going to be The PRESIDING OFFICER. The Sen- a lot better. Having served here and in ator from Oklahoma. Mr. DOLE. I will be happy to yield 2 the other body for a while, I recognize Mr. NICKLES. Madam President, we or 3 or 5 minutes to the Senator from we have to do the best we can with have no objection to this amendment New Mexico. what we have at a given time. The bet- on this side and urge its adoption. Mr. DOMENICI. Madam President, ter we make this bill, the better it is The PRESIDING OFFICER. If there first, I want to compliment the Repub- going to be for the American people in be no further debate, the question is on lican leader for his adroitness here. He case something better does not come agreeing to the amendment. quickly caught the fact that the Presi- along later. The amendment (No. 413) was agreed dent is making a big to-do about al- So I appreciate very much the work to. most nothing today. First of all, it is of the Senator from New Mexico. He Mr. DOMENICI. Mr. President, I my understanding that of this $13 bil- and I go back 6 or 8 years working on move to reconsider the vote. lion, $8 billion of it is in the Presi- the General Accounting Office. I think Mr. GLENN. I move to lay that mo- dent’s budget. this is a responsibility they should tion on the table. Everybody knows that budget does have. They are equipped to do a good The motion to lay on the table was not cut anything. So what really hap- job on this assignment they will be agreed to. pened is he cuts a little bit there and given. I think it is a good amendment The PRESIDING OFFICER. The ma- increases things elsewhere. So, of this and I hope it is adopted very quickly. jority leader. big package, alleged big package of $13 Mr. DOMENICI. I thank the Senators Mr. DOLE. Madam President, I ask billion, $8 billion is in the President’s from Nevada and Ohio. I do believe this that I may use just a minute or two of budget. It was already there and we will help the bill. Senator NICKLES and my leader time. knew about it. What did we say about I are pleased to be helpful. I think in a The PRESIDING OFFICER. Without that budget? We said that budget put few years the process you were recom- objection, it is so ordered. up the white flag of surrender against mending will be working very well and f deficits. So, certainly, this activity of we will know a lot more about bad reg- THE PRESIDENT’S BUDGET CUTS cutting $13 billion is no big victory. It ulations before they get placed in ef- is still a white flag of surrender. Mr. DOLE. Madam President, Presi- fect and then find out later they are I would go beyond our distinguished dent Clinton won big headlines today hurting our people. leader and say we are going to look for- Thank you very much. with his proposal to cut $13 billion ward to the President’s support when The PRESIDING OFFICER. The Sen- from four Government agencies over we produce a budget resolution that ator from Ohio. the next 5 years. I have learned re- gets us a balanced budget by the year Mr. GLENN. Madam President, I cently maybe $8 billion of that is al- 2002, in 7 years. That is what the Amer- wanted to clarify a couple of matters ready in the President’s budget, so I ican people want. They do not want an here. We have in the reporting by the am not certain what the figure really announcement that a little piece of Comptroller General, as I understand is. But we certainly welcome the Presi- Federal Government is being changed it—we say he will— dent’s interest in trimming Govern- and everybody in America is supposed . . . provide a report on each significant ment spending. The Washington Post to think we are really getting the def- rule to the committees of jurisdiction to even suggested today that the Presi- icit under control. We are not getting each House of Congress by the end of 12 cal- dent’s interest may be related to last the deficit under control. It will be endar days after the submission or publica- November’s election results. Certainly tion date as provided in section 4(b)(2). The with us at $200 to $250 billion a year for we hope he is hearing the message. report of the Comptroller General shall in- as far as the eye can see and our chil- The President now has a real oppor- clude an assessment of the agency’s compli- dren will be burdened with it beyond tunity to get on the spending-cuts ance with procedural steps required with anything we ever imagined. This an- subsection (A)(iv) through (vii). bandwagon tomorrow because the Sen- nouncement will not do very much to ate will consider more than $13 billion I think those words were added. I pre- alleviate that burden on them or on in spending cuts and the American peo- sume they were. I just wanted to check this country. and make sure that is the wording that ple will not have to wait 5 years to see Mr. GREGG. Will the Senator from was in the legislation? the savings. These are cuts in this fis- Mr. DOMENICI. They are in the leg- cal year. This is $13 billion the Govern- New Mexico yield for a question? islation. And after discussing the issue ment will not be able to spend during Mr. DOMENICI. I will be pleased to with all four Senators and their staffs, the next 6 months, not the next 5 yield. I think those are appropriate words, years. Mr. GREGG. Madam President, I say because I do not think in 12 to 15 days The American people want more than to the chairman of the Budget Com- the GAO can do a thorough substantive tinkering around the edges; they want mittee, as I understand it, my quick review, but they can do a procedural dramatic results and want better use of calculation is that the $13 billion of review as prescribed. their tax dollars, starting now. cuts which the President is proposing Mr. GLENN. I agree with my col- The American people sent a loud and over 5 years represents one-twentieth league. That clarifies it and makes clear message to Washington last No- of 1 percent of the spending that is sure what we are not expecting from vember: Rein in the Federal Govern- going to occur over that 5-year period. the GAO is their own complete risk as- ment, reduce the size of Government Whereas the bill that we are bringing sessment and cost-benefit analysis as and cut spending. We are prepared to forward tomorrow, under Senator original work. That would overburden provide the leadership once again to DOLE’s leadership and under Senator them on the 800 or 900 significant regu- turn that message into action. We hope PACKWOOD’s leadership, represents a lations that are issued each year and the President will join us in this effort real $13 billion in cuts—ironically, the leaves it open that once one of these to give the American people real spend- same number. It is going to occur this regulations or rules is reported back, if ing cuts. year, immediately. Is that correct?

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4704 CONGRESSIONAL RECORD — SENATE March 28, 1995 Mr. DOMENICI. That is correct. As a crisis and the problems that face this purchaser of the permit holder’s permitted matter of fact, the $13 billion is about country. livestock or base property by the end of 1996; 3 percent of the appropriated accounts, Madam President, I suggest the ab- (8) to issue new term grazing permits, the whereas the dollar number the Presi- sence of a quorum. Secretary must comply with the National dent has in his of just the appropriated The PRESIDING OFFICER. The Environmental Policy Act of 1969 (42 U.S.C. clerk will call the roll. 4321 et seq.) and other laws; accounts over the next 5 to 7 years is (9) for a large percentage of the grazing far less than half a percent —of just The legislative clerk proceeded to call the roll. permits that will expire or be waived to the the appropriated accounts—perhaps as Secretary by the end of 1996, the Secretary low as a quarter of a percent. I have Mr. REID. Mr. President, I ask unan- imous consent that the order for the has devised a strategy that will result in not done the arithmetic, but almost compliance with the National Environ- unnoticeable in the cuts and restraints quorum call be rescinded. mental Policy Act of 1969 and other applica- The PRESIDING OFFICER. Without and reductions that we are going to ble laws (including regulations) in a timely have to make. objection, it is so ordered. and efficient manner and enable the Sec- Mr. GREGG. So, if the Senator will f retary to issue new term grazing permits, yield for an additional question, REGULATORY TRANSITION ACT where appropriate; Madam President, if you wish to under- The Senate continued with the con- (10) for a small percentage of the grazing take real budget savings, what you permits that will expire or be waived to the sideration of the bill. Secretary by the end of 1996, the strategy should be doing is supporting the re- AMENDMENT NO. 414 TO AMENDMENT NO. 410 will not provide for the timely issuance of scission package that is coming for- (Purpose: To require the Secretary of Agri- new term grazing permits; and ward and then work with the President culture to issue new term permits for graz- (11) in cases in which ranching operations to take the $13 billion of additional ing on National Forest System lands to re- involve the use of a term grazing permit cuts and maybe raise it up to a level place previously issued term grazing per- issued by the Secretary, it is essential for that is a real reduction in spending so mits that have expired, soon will expire, or new term grazing permits to be issued in a we move toward a balanced budget over are waived to the Secretary, and for other timely manner for financial and other rea- 5 years? purposes) sons. Mr. DOMENICI. Madam President, Mr. REID. Madam President, in be- (b) PURPOSE.—The purpose of this Act is to the Senator is absolutely correct. Let half of the minority leader, the Sen- ensure that grazing continues without inter- me be precise. The President is trying ator from South Dakota, I send an ruption on National Forest System land in a to make a case for deficit reduction. He amendment to the desk and ask for its manner that provides long-term protection is talking about $13 billion in reduc- immediate consideration. of the environment and improvement of Na- tions over the next 5 years. The PRESIDING OFFICER. The tional Forest System rangeland resources What the President really ought to clerk will report. while also providing short-term certainty to be doing is to be saying loud and clear: The legislative clerk read as follows: holders of expiring term grazing permits and ‘‘I compliment the House and Senate The Senator from Nevada [Mr. REID], for purchasers of a permit holder’s permitted for a rescission package, and I hope Mr. DASCHLE, proposes an amendment num- livestock or base property. bered 414 to amendment No. 410. you send it to me quickly.’’ And he SEC. ll02. DEFINITIONS. ought to be saying, ‘‘I will sign it,’’ be- Mr. REID. Madam President, I ask cause it will accomplish in 6 months as unanimous consent that reading of the In this Act: (1) EXPIRING TERM GRAZING PERMIT.—The much savings as he pledges in 5 years. amendment be dispensed with. The PRESIDING OFFICER. Without term ‘‘expiring term grazing permit’’ means I yield the floor. a term grazing permit— The PRESIDING OFFICER. The Sen- objection, it is so ordered. The amendment is as follows: (A) that expires in 1995 or 1996; or ator from Nevada. (B) that expired in 1994 and was not re- Mr. REID. Madam President, I cer- At the appropriate place insert the fol- lowing: placed with a new term grazing permit solely tainly do not intend to get into a de- because the analysis required by the Na- bate with the very learned chairman of TITLE ll—TERM GRAZING PERMITS tional Environmental Policy Act of 1969 (42 the Budget Committee, but I think, in SEC. ll01. FINDINGS AND PURPOSE. U.S.C. 4321 et seq.) and other applicable laws fairness to the White House, you have (a) FINDINGS.—Congress finds that— has not been completed. to give him credit for what he is doing. (1) the Secretary of Agriculture (referred (2) FINAL AGENCY ACTION.—The term ‘‘final to in this Act as the ‘‘Secretary’’) admin- It may not be all that everyone wants, agency action’’ means agency action with re- isters the 191,000,000-acre National Forest spect to which all available administrative but I think the fact that the Federal System for multiple uses in accordance with payroll has been cut by some 150,000 remedies have been exhausted. Federal law; (3) TERM GRAZING PERMIT.—The term ‘‘term people since he has been President, and (2) where suitable, 1 of the recognized mul- grazing permit means a term grazing permit this will be the third year in a row that tiple uses for National Forest System land is or grazing agreement issued by the Sec- we have had a decline in the deficit, grazing by livestock; retary under section 402 of the Federal Land the first time in some 50 years this has (3) the Secretary authorizes grazing Policy and Management Act of 1976 (43 happened—we all know he has signifi- through the issuance of term grazing permits U.S.C. 1752), section 19 of the Act entitled that have terms of not to exceed 10 years and cant problems with the deficit. ‘‘An Act to facilitate and simplify the work that include terms and conditions necessary of the Forest Service, and for other pur- In the balanced budget amendment for the proper administration of National poses’’, approved April 24, 1950 (commonly that they established were three Forest System land and resources; known as the ‘‘Granger-Thye Act’’) (16 U.S.C. things. They established, No. 1, that we (4) as of the date of enactment of this Act, 580l), or other law. have a problem with the deficit; No. 2, the Secretary has issued approximately 9,000 we have to do something about it; and, term grazing permits authorizing grazing on SEC. ll03. ISSUANCE OF NEW TERM GRAZING No. 3, we need to do it and not burden approximately 90,000,000 acres of National PERMITS. Social Security. Forest System land; (a) IN GENERAL.—Notwithstanding any I am not going to get into a long de- (5) of the approximately 9,000 term grazing other law, the Secretary shall issue a new bate with my friend from New Mexico permits issued by the Secretary, approxi- term grazing permit without regard to mately one-half have expired or will expire other than to say I think we have to whether the analysis required by the Na- by the end of 1996; give the President credit for having (6) if the holder of an expiring term grazing tional Environmental Policy Act of 1969 (42 taken a number of steps that are im- permit has complied with the terms and con- U.S.C. 4321 et seq.) and other applicable laws portant in the overall need to balance ditions of the permit and remains eligible has been completed, or final agency action the budget. It is not going to be done in and qualified, that individual is considered respecting the analysis has been taken— one fell swoop. It is going to be a series to be a preferred applicant for a new term (1) to the holder of an expiring term graz- of small things that add up to some- grazing permit in the event that the Sec- ing permit ; or thing big. And the work that the Presi- retary determines that grazing remains an (2) to the purchaser of a term grazing per- dent and the Vice President did yester- appropriate use of the affected National For- mit holder’s permitted livestock or base est System land; property if— day—and the Vice President was given (7) in addition to the approximately 9,000 (A) between January 1, 1995, and December another 60-odd days to report to the term grazing permits issued by the Sec- 1, 1996, the holder has waived the term graz- President on some other things —needs retary, it is estimated that as many as 1,600 ing permit to the Secretary pursuant to sec- to be done. Let us give them credit for term grazing permits may be waived by per- tion 222.3(c)(1)(iv) of title 36, Code of Federal making good-faith efforts to solve the mit holders to the Secretary in favor of a Regulations; and

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4705 (B) the purchaser of the term grazing per- Mr. REID. Madam President, I move required by law to issue regulations mit holder’s permitted livestock or base to reconsider the vote by which the each year to open and close the duck property is eligible and qualified to hold a amendment was agreed to. hunting season. Each year, in late term grazing permit. Mr. GLENN. I move to lay that mo- July, after the young birds are large (b) TERMS AND CONDITIONS.—Except as pro- vided in subsection (c)— tion on the table. enough to be counted, the Fish and (1) a new term grazing permit under sub- The motion to lay on the table was Wildlife Service then gathers informa- section (a)(1) shall contain the same terms agreed to. tion about the various duck popu- and conditions as the expired term grazing f lations. They then have roughly 2 permit; and months to draft and finalize the duck VISIT TO THE SENATE BY THE (2) a new term grazing permit under sub- hunting regulations, which are typi- KING OF THE HASHEMITE KING- section (a)(2) shall contain the same terms cally issued 2 or 3 days before the hunt- DOM OF JORDAN, KING HUSSEIN and conditions as the waived permit. ing season begins. (c) DURATION.— I, AND QUEEN NOOR (1) IN GENERAL.—A new term grazing per- Because these regulations are signifi- mit under subsection (a) shall expire on the Mr. HELMS. Madam President, we cant regulations, they would be sus- earlier of— have in the Chamber two distinguished pended for 45 days, which would cut a (A) the date that is 3 years after the date guests, one a native of the United month and a half from the duck hunt- on which it is issued; or States, the Honorable King of Jordan, ing season. I do not believe this effect (B) the date on which final agency action King Hussein, and his bride, Queen on duck hunting is necessary or useful. is taken with respect to the analysis re- Noor. It is counterproductive, and it may be quired by the National Environmental Pol- RECESS icy Act of 1969 (42 U.S.C. 4321 et seq.) and a classic case of unintended con- other applicable laws. Mr. HELMS. Madam President, I ask sequences. (2) FINAL ACTION IN LESS THAN 3 YEARS.—If unanimous consent that we stand in re- Our amendment today simply says final agency action is taken with respect to cess so that Senators may greet our that for the purposes of the Nickles- the analysis required by the National Envi- guests after which time we resume. Reid substitute, duck hunting regula- ronmental Policy Act of 1969 (42 U.S.C. 4321 There being no objection, the Senate, tions would not be considered signifi- et seq.) and other applicable laws before the at 4:36 p.m. recessed subject to the call cant and, therefore, would not be sus- date that is 3 years after the date on which of the Chair; whereupon, at 4:43 p.m. pended for 45 days. The duck hunting a new term grazing permit is issued under subsection (a), the Secretary shall— the Senate reassembled when called to rule, like all other rules under the (A) cancel the new term grazing permit; order by the Presiding Officer (Ms. Nickles-Reid substitute, would still be and SNOWE). reported to Congress. (B) if appropriate, issue a term grazing per- Mr. REID. Madam President, I sug- Mr. President, I do not think that in mit for a term not to exceed 10 years under gest the absence of a quorum. the name of regulatory reform, we terms and conditions as are necessary for the The PRESIDING OFFICER. The should eliminate 45 days of the duck proper administration of National Forest clerk will call the roll. hunting season. I believe our amend- System rangeland resources. The legislative clerk proceeded to ment is simple and it is straight- (d) DATE OF ISSUANCE.— call the roll. (1) EXPIRATION ON OR BEFORE DATE OF EN- forward. I thank my colleagues for co- ACTMENT.—In the case of an expiring term Mr. PRYOR. Mr. President, I ask sponsoring this amendment with me. grazing permit that has expired on or before unanimous consent that the order for I sincerely appreciate the help and the date of enactment of this Act, the Sec- the quorum call be rescinded. the strong support of my good friend retary shall issue a new term grazing permit The PRESIDING OFFICER (Mr. and colleague from Alaska, Senator under subsection (a)(1) not later than 15 days COCHRAN). Without objection, it is so STEVENS, who has worked with us very after the date of enactment of this Act. ordered. carefully to develop this amendment as (2) EXPIRATION AFTER DATE OF ENACT- f it is. MENT.—In the case of an expiring term graz- ing permit that expires after the date of en- REGULATORY TRANSITION ACT Mr. President, I have not actually actment of this Act, the Secretary shall sent my amendment to the desk. I send issue a new term grazing permit under sub- The Senate continued with the con- the amendment to the desk and ask for section (a)(1) on expiration of the expiring sideration of the bill. its immediate consideration. term grazing permit. AMENDMENT NO. 415 TO AMENDMENT NO. 410 The PRESIDING OFFICER. The (3) WAIVED PERMITS.—In the case of a term (Purpose: To ensure that a migratory birds clerk will report. grazing permit waived to the Secretary pur- hunting season will not be canceled or in- The assistant legislative clerk read suant to section 222.3(c)(1)(iv) of title 36, terrupted, and that commercial, rec- as follows: Code of Federal Regulations, between Janu- reational, or subsistence activities related ary 1, 1995, and December 31, 1996, the Sec- to hunting, fishing, or camping will not be The Senator from Arkansas [Mr. PRYOR], retary shall issue a new term grazing permit canceled or interrupted) for himself, Mr. STEVENS, Mr. PRESSLER, Mr. WELLSTONE, and Mr. COCHRAN, proposes an under subsection (a)(2) not later than 60 days Mr. PRYOR. Mr. President, at this after the date on which the holder waives a amendment numbered 415 to amendment No. term grazing permit to the Secretary. time, I rise to offer an amendment with 410. my friend, Senator STEVENS of Alaska, SEC. ll04. ADMINISTRATIVE APPEAL AND JUDI- Mr. PRYOR. Mr. President, I ask and also Senator PRESSLER, Senator CIAL REVIEW. unanimous consent that reading of the WELLSTONE, and Senator COCHRAN. The issuance of a new term grazing permit amendment be dispensed with. under section 03(a) shall not be subject to This amendment would ensure that the ll The PRESIDING OFFICER. Without administrative appeal or judicial review. 45-day suspension of a significant rule objection, it is so ordered. SEC. ll05. REPEAL. does not include the regulations open- This Act is repealed effective as of January ing duck hunting season. The amend- The amendment is as follows: 1, 2001. ment I am offering at this time was On page 13, beginning on line 12, strike all Mr. GLENN. Madam President, we adopted by the Governmental Affairs through line 8 on page 14 and insert in lieu thereof the following: have been through the details of this. I Committee when it considered S. 219, ‘‘(2) SIGNIFICANT RULE.—The term ‘‘signifi- think it is justified. We would be glad but it was not included in the Nickles- cant rule’’— to accept it on this side. Reid substitute. (A) means any final rule, issued after No- The PRESIDING OFFICER. Is there The substitute would suspend for 45 vember 9, 1994, that the Administrator of the further debate on this amendment? days any significant rule to give Con- Office of Information and Regulatory Affairs Mr. NICKLES. Madam President, we gress time to review the regulation. within the office of Management and Budget have no objection to the amendment. The annual rule regulating duck hunt- finds— The PRESIDING OFFICER. If there ing, which has a direct effect on the (i) has an annual effect on the economy of is no further debate, the question is on economy of $686 million annually, $100,000,000 or more or adversely affects in a material way the economy, a sector of the agreeing to the amendment offered by would be considered a significant rule. economy, productivity, competition, jobs, the Senator from South Dakota. The effect of this 45-day suspension on the environment, public health or safety, or The amendment (No. 414) was agreed the duck hunting season would be most State, local, or tribal governments or com- to. severe. The Fish and Wildlife Service is munities;

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4706 CONGRESSIONAL RECORD — SENATE March 28, 1995 (ii) creates a serious inconsistency or oth- mously. It is essential to duck hunters. fishery because an emergency devel- erwise interferes with an action taken or I hope we are all duck hunters—up our oped. That is the kind of thing that planned by another agency; way, we are all duck hunters. And I do cannot wait 45 days. That is a type of (iii) materially alters the budgetary im- pact of entitlement, grants, user fees, or loan hope people understand it means a action that has been taken care of in programs or the rights and obligations of re- great deal to some of the people who the process of protecting our migratory cipients thereof; or rely on subsistence hunting and fishing waterfowl. Ducks Unlimited comes in (iv) raises novel legal or policy issues aris- in my State. with a study and says, ‘‘Look, you ing out of legal mandates, the President’s It is an essential amendment. It is should change this anyway. You should priorities, or the principles set forth in Exec- one I tried to offer in committee, and open that flyway. You should change utive Order 12866. (B) does not include any agency action some people did not understand it. I am that season.’’ They will come in for that establishes, modifies, opens, closes, or happy to see that now they do. some emergency modifications during conducts a regulatory program for a com- Thank you, Mr. President. the period for hunting season. This mercial, recreational, or subsistence activity Mr. GLENN. Mr. President, I want to says that the Fish and Wildlife Service relating to hunting, fishing, or camping.’’ clarify a couple of things. We have are to know to go ahead. That is what The PRESIDING OFFICER. The Sen- been through this. I think it is satis- you are supposed to do; no delay on ator from Alaska. factory. those items of the kind we have men- Mr. STEVENS. Mr. President, I am I want to be sure the definition that tioned. Subsection B and subsection A very pleased to join Senator PRYOR. We was made in the committee on the pre- carry some specific concepts about are delighted Senator PRESSLER and vious amendment was something that what has to be affected. several others on the committee have could not be expanded into things Mr. GLENN. I certainly have no ob- joined now. never intended as far as the hunting jection to that because that provides The amendment, I think, addresses and routine rules and regulations and regulations in the same way it has concerns many others have had con- others that are done on an annual been done for a long time. It does not cerning the potential impact this basis. I think this just changes the def- really provide any new escape hatch for amendment would have on hunting, inition of what is considered a signifi- anybody, as I understand it. So I think camping, or fishing activities. In Alas- cant rule. In effect, what it does by that would be acceptable on our side. ka, those activities are of major impor- changing the designation a little bit, as tance to our daily life. I understand it, is permit all the pre- Mr. CHAFEE. Mr. President, on this The amendment will make it clear vious rules, regulations, and proce- floor and in the Senate as a whole, now that regulatory actions to open, dures to continue as they have in the there have been a lot of attacks on en- close, or manage commercial, rec- past so they will not be cut out. vironmental regulations. That seems reational, and subsistence hunting, Is that correct? to be the way to go these days. But I fishing, and camping activities will not Mr. STEVENS. Mr. President, if the think the Senator from Alaska gave a be included under the definition of Senator will yield, it really, from my very powerful talk on illustrating why ‘‘significant rule.’’ perspective, looks at the management these regulations are necessary. In- As an example, let me point out to tools of the State, and Federal fish and deed, he felt so strongly that he did not the Senate that over 54 percent of all game management agencies in par- want—I agree with him—these regula- the fish that are caught commercially ticular—there are others involved tions that apply to fishing, hunting, in waters off the United States are also—and says that they can continue and camping to be held up for 45 days. caught off my State of Alaska. These their management practices that are In his powerful statement, the Senator fisheries are some of the world’s larg- designed to protect the resource base. from Alaska illustrated that in some est and they certainly are the health- Some open, some close, some limit, cases these regulations have to go into iest in all the world because of our some alter, some add, and some sub- effect immediately. proper fisheries management concepts. tract. But they are done on a basis of In some cases, the delay of even 24 So I hope that rebuts some of the public knowledge. But the public hours in closing a fishery could have feeling around this floor that all envi- knowledge is of the regulations that tremendously detrimental impacts on ronmental regulations are useless and give them the opportunity to step in the health of the fish resource. Yet the that we ought to attack them, which and issue an emergency regulation to action to close the fishery could be is, unfortunately, too often said around take care of a situation or to change a found to have an adverse effect on a here. I am not saying necessarily right pattern of, say, hunting in order to pro- sector of the economy, namely the fish- here on the floor. I am talking about in tect the species. I think that is in the ing vessels that might have to stop the committees, in the conversations. public interest. That is what we in- fishing. Thank goodness we have some of these We cannot afford to risk the long- tended all along. This is excepted from environmental regulations. term health of our fisheries if someone the 45 days. So, Mr. President, I commend the could successfully argue that closing of The Senator referred to the prior Senator from Alaska. Somebody can a fishery or restriction on the use of bill—not Senator PRYOR’s bill but the contradict me, but there are certain certain gear in an area is a significant former bill. I think the Senator may be regulations under this bill we are deal- rule that must be delayed for 45 days referring to an amendment that I of- ing with that are held up for 45 days. under this bill. fered because of the form of that bill to Under this category they fall under This is not hypothetical. There are deal with specific circumstances in ‘‘significant regulations.’’ But what people that will do just that. Just last Alaska. I do not have to offer that the Senator from Alaska has done is he month, the Secretary of Commerce, amendment because this is a 45-day has said that significant regulations or based on a recommendation from our general moratorium now, and those delay for 45 days does not apply to this North Pacific Regional Fishery Man- amendments that I talked about in category of regulation that he has de- agement Council, issued an emergency committee are in fact covered under fined; namely, those that establish, order to shut down scallop fishing in this type of general regulation now in modify, open, close, or conduct regu- Federal waters off Alaska. terms of the significant-rule concept. latory programs for commercial, rec- That is a major fishery, but it had to Mr. GLENN. As I understood it from reational, or subsistence activities re- be done. The emergency order was nec- the explanation given earlier this lating to hunting, fishing, or camping. essary because one boat, just one afternoon, I understood that this does boat—it was called Mr. Big, inciden- not provide any new exemptions for ad- So I think it makes sense. I con- tally—found a loophole in the law that ditional hunting or additional opening gratulate the Senator from Alaska and allowed it to take more scallops than up of tracts or anything that is not hope he will be a strong fighter for en- the State of Alaska had allowed all there right now. vironmental regulations here on the boats of the fleet to take for the whole Mr. STEVENS. It could. I just gave floor in the future. season. an example of one. Just this last Mr. STEVENS. Mr. President, I sel- I do hope Members here will join in month the Secretary of Commerce dom get personal on the floor, but I re- supporting this amendment unani- issued a regulation closing the scallop call standing behind my friend 45 years

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4707 ago when we entered law school. And (A) Before a rule can take effect as a final Let us say an average of 4,000 rules we signed into the same law school, but rule, the Federal agency promulgating such are issued each year by Federal agen- I do not think we have agreed in the 45 rule shall submit to each House of the Con- cies. A legislative veto, where we call years since. I am delighted we have gress and to the Comptroller General a re- rules back up or have the potential for port containing— once, despite our prior disagreements. (i) a copy of the rule; calling them back up for review, for all It is nice to have one time for agree- (ii) a concise general statement relating to 4,000 rules, I think, is just too much. ment. There are some environmental the rule; and What kind of regulatory overload are regulations that are useless. We should (iii) the proposed effective date of the rule. we putting on the Congress? Will we be burn the paper they are on. But this is (B) The Federal agency promulgating the so overloaded in these rules that we rule shall make available to each House of not one of them. Congress and the Comptroller General, upon will not be able to adequately consider Mr. GLENN. Mr. President, I am request: ones that we should consider? happy to accept the amendment. (i) a complete copy of the cost-benefit It is the major rules that we care The PRESIDING OFFICER (Mr. analysis of the rule, if any; about, the ones that are significant. COCHRAN). Is there further debate? (ii) the agency’s actions relevant to section These are the big rules that implement Mr. NICKLES. Mr. President, we 603, section 604, section 605, section 607, and the primary policies and requirements have reviewed this amendment. I com- section 609 of P.L. 96–354; of our laws on public health and safety, pliment my friends and colleagues, (iii) the agency’s actions relevant to Title II, section 202, section 203, section 204, and on environmental protection, economic Senator PRYOR from Arkansas and Sen- section 205 of P.L. 104–4; and policy, communications, farm policy, ator STEVENS, and I compliment Sen- (iv) any other relevant information or re- and all the rest. ator STEVENS for his leadership. I think quirements under any other Act and any rel- it is a good amendment. It further evant Executive Orders, such as Executive We have a hard enough time getting clarifies that what we are doing in this Order 12866. our work done the way things are. I do bill in no way would have any harmful (C) Upon receipt, each House shall provide not think we should create an almost impact whatsoever on hunting and copies to the Chairman and Ranking Member automatic process to bring up every of each committee with jurisdiction. rule under the Sun. fishing and delay those activities in (2) REPORTING BY THE COMPTROLLER GEN- any way whatsoever. ERAL.— Let me give some examples. Just I urge its adoption. (A) The Comptroller General shall provide from yesterday’s Federal Register, I Mr. STEVENS. Mr. President, if the a report on each significant rule to the com- see rules on drawbridge closings, rules Senator will yield for just one moment, mittees of jurisdiction to each House of the on safety zones in New Jersey’s I failed to thank my good friend John Congress by the end of 12 calendar days after Metedeconk River, Federal prison work Roots on our behalf, who has worked so the submission or publication date as pro- compensation program rules, Justice hard on this staff and Senator PRYOR’s vided in section 4(b)(2). The report of the Comptroller General shall include an assess- Department claims settlement rules, staff. I thank him very much. FAA—the Federal Aviation Adminis- Mr. PRYOR. Mr. President, if I may, ment of the agency’s compliance with proce- dural steps required by subsection B(i) tration—class D airspace rules. I do not want to spoil the opportunity through (iv). And I would say from some personal to pass this amendment because I (B) Federal agencies shall cooperate with experience, FAA just a short time ago think it is going to be accepted by ev- the Comptroller General by providing infor- redid all the airspace designations, A, eryone. So I will sit down. I could not mation relevant to the Comptroller Gen- B, C, D, and F, right on down the line, help but catch it when my good friend eral’s report under subsection (2)(A) of this to show what areas planes can fly into and colleague from Alaska was talking section.’’ and out of without radios, being on in- about his good friend and our colleague On page 14, at the beginning of line 5, in- sert ‘‘section 3(a)(1)–(2) and ’’, and on line 5 strument control, visual flight rules, from Rhode Island when he referred to strike ‘‘3(a)(2)’’ and insert in lieu thereof and so on. These kind of rules are still their ‘‘prior disagreements.’’ I am very ‘‘3(a)(3)’’. being flushed out and changed a bit. So hopeful that they will just use ‘‘former Mr. NICKLES. Mr. President, I sug- one of the things in the Federal Reg- disagreements.’’ I think that would be gest the absence of a quorum. ister is for class D airspace rules. a little more helpful here. [Laughter.] The PRESIDING OFFICER. The There is the postsecondary education Mr. President, I thank the managers. clerk will call the roll. ‘‘borrower defenses’’ regulations. I thank them for the support for this The assistant legislative clerk pro- amendment. I hope it will be adopted. ceeded to call the roll. Let us not forget that the reason we The PRESIDING OFFICER. Is there Mr. GLENN. Mr. President, I ask have agencies and an open ‘‘notice and further debate? If not, the question is unanimous consent that the order for comment’’ administrative process is so on agreeing to the amendment of the the quorum call be rescinded. that Government can get its work done Senator from Arkansas. The PRESIDING OFFICER. Without in a fair and orderly and semiefficient The amendment (No. 415) was agreed objection, it is so ordered. process. At least, that is the goal. to. Mr. GLENN. Mr. President, the Gov- We need regulatory reform. And I am Mr. REID. Mr. President, I move to ernmental Affairs Committee’s unani- reconsider the vote by which the first to support regulatory reform. We mous bipartisan regulatory reform bill worked on it for several years in the amendment was agreed to. has a legislative veto of major rules in Mr. NICKLES. I move to lay that mo- Governmental Affairs Committee. So it. Major rules. I believe this is a good tion on the table. we know we need regulatory reform, proposal, because there are anywhere The motion to lay on the table was and I am all for it. I have been saying from between 700 to 900, some esti- agreed to. that for some time. But we do not need mates have gone as high as 1,000, AMENDMENT NO. 413, AS MODIFIED to create more gridlock by trying to ‘‘major’’ or ‘‘significant’’ rules issued Mr. NICKLES. Mr. President, I send run, or have the potential of running, each year. And that word ‘‘significant’’ to the desk technical amendments. 4,000 rules through Congress each year. means something special, because This changes a couple of letters and That is a bottleneck that we just do these are the rules that have an annual numerals. They are technical correc- not need. impact on the economy of $100 million tions to amendment No. 413 that were We are trying to make Government per year or more, or otherwise have a made earlier. work better, not grind to a complete significant impact on the economy or a The PRESIDING OFFICER. Without halt. region of the country, or other impor- objection, the amendment will be so tant effect. So I think we need to keep the legis- modified. These 700 to 900 major rules or regu- lative veto focused on the big rules The amendment (No. 413), as modi- lations are the big rules out of the ap- that really matter, that really mean fied, is as follows: proximately 4,000 rules that are issued something, ones that we should be ad- On page 2, strike lines 6 through 20, and in- dressing. sert in lieu thereof and renumber accord- every year—4,000. One estimate today ingly: when we were discussing another bill The amendment I was going to sub- ‘‘(1) REPORTING TO CONGRESS AND THE was that these rules in some years run mit limits the legislative veto to sig- COMPTROLLER GENERAL.— as high as 4,800 to 5,000. nificant rules—just significant rules,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4708 CONGRESSIONAL RECORD — SENATE March 28, 1995 not all the smaller rules, the signifi- bers approach of signing a petition to iting issues that have been settled by a cant ones—that fit the definition that I have that particular rule brought up vote because a vocal and determined gave a moment ago. Again, this for reconsideration. minority will now have the review of matches the scope of the provision we If the committee reports out a reso- regulation by Congress as a convenient passed in the Governmental Affairs lution of disapproval or the committee trigger for such debate? Committee by a vote of 15 to 0—eight is discharged, the disapproval of the Well, I know when to put amend- Republicans and seven Democrats. rule will be the subject of lobbying by ments in, I hope, and I know when the The amendment that I was planning those parties affected. All this could amendments are not worthy to be put to submit would make the following happen; the potential is there for it to in because they are just going to be changes to the Nickles-Reid substitute: happen up to 4,000 times a year. voted down. I think the second is the One, the amendment would insert the If we think the demands for lobby re- situation I find myself in right now. word ‘‘significant’’ into the substitute form have been great before, you just I think this would be better legisla- at three places—in sections 3(a)(1)(A), wait until the public sees the lobbying tion if we had in there the amendment 3(b), and 3(d)(1). With this change, the feeding frenzy, like piranhas, looking I was going to propose. But since we congressional hold-over and process at this legislation, and the potential will not have it in there, I just want covers ‘‘significant rules’’ instead of all for redoing legislation that they may everyone to know that I will be voting ‘‘rules.’’ have just lost a point on in the recent for the legislative veto, but with my No. 2, the amendment would have past when the original legislation was fingers crossed that we do not wind up stricken one subsection, section 3(a)(3). passed. creating a real gridlock in legislative This would have deleted the paragraph So that kind of a lobbying feeding reconsideration of legislation just relating to effective date for other frenzy could take place after we pro- passed for which the rules and regula- rules which refers to the submission of vide expedited procedures for congres- tions are being written. nonsignificant rules to Congress for re- sional review of all these rules. Mr. President, I yield the floor. view. That might just be for starters. Con- Mr. LEVIN addressed the Chair. Again, the single purpose of this sider what will happen if we pass a con- The PRESIDING OFFICER. The Sen- amendment would have been making troversial bill that produces significant ator from Michigan. the legislative veto process apply to political argument. All these things AMENDMENT NO. 412, AS MODIFIED, TO significant rules. This is what the Gov- are not bound up just in money. Sig- AMENDMENT NO. 410 ernmental Affairs Committee supports nificant rules can have a basis other Mr. LEVIN. Mr. President, I send to unanimously, and I think it makes than money. the desk a copy of amendment No. 412, good sense. Think of this one: We pass a con- which has already been adopted, and I The alternative, congressional review troversial bill that produces significant ask unanimous consent that the of potentially all 4,000 rules issued each political argument—let us take a hot amendment be modified as indicated on year, makes little sense to me at all. button item like abortion. We know this document that I am sending to the Mr. President, I will not submit this what happens every time that issue desk. amendment. I did want to address it, comes up in the Congress. When we The PRESIDING OFFICER. Is there but I will not submit it because I know have to debate abortion legislation, objection? from discussions with the floor leaders every regulation, every rule, no matter Mr. NICKLES. Mr. President, I have that we are not going to get this adopt- how minor, will have a whole string of been working with my friend and col- ed. The votes are there to defeat this. Senators and lobbyists and outside league, Senator LEVIN, as well as Sen- So I would rather not have a vote on groups who will want to bring that reg- ator BYRD from West Virginia. We have it now. I think the best thing to do is ulation back to the floor, not nec- no objection to this amendment. not submit it, but talk a little bit essarily because they think the regula- The PRESIDING OFFICER. Without about it and let people know how im- tion does not reflect congressional in- objection, the amendment is so modi- portant I think it is and, hopefully, out tent—it may be perfect and may have fied. of the conference process with the passed with a majority and have ex- The amendment, with its modifica- House, we might be able to address this pressed congressional intent perfectly. tion, is as follows: problem. Because what they want under our ex- On page 9, line 2, strike everything after But let me just say a couple more pedited procedures is to spend 10 hours ‘‘discharged’’ through the period on line 6 things. Four thousand rules could be in political and ideological argument, and insert the following: ‘‘from further con- sideration of such resolution in the Senate sent to Congress and parceled out to regardless of the original bill that upon a petition supported in writing by 30 appropriate committees—just think of might have just passed. So we are Members of the Senate, and in the House that—4,000 rules. That would be the po- opening all of that up. upon a petition supported in writing by one- tential. I am not saying all 4,000 rules I had hoped to close some of that up fourth of the Members duly sworn and cho- are going to be called up every time. by designating just the significant sen or by motion of the Speaker supported But let me say this: For each rule, you rules for reconsideration. by the Minority Leader, and such resolution sure are going to have some lobbyists When we open up this additional time shall be placed on the appropriate calendar out there interested in that rule. We under our expedited procedures to of the House involved.’’ are going to have lobbyists coming out spend extra hours, the 10 hours in polit- Mr. LEVIN. Mr. President, I thank of the woodwork to lobby one or more ical or ideological argument, about the Chair and I thank the Senator from Members to move a resolution of dis- something that just passed—and I used Oklahoma, and I particularly thank approval through the appropriate com- the example of abortion because we all Senator BYRD for pointing out to us mittee. That can be done through com- know how impassioned the pleas get the problem which could have been mittee. So these lobbyists would be around here and how emotional that raised unintentionally by that amend- trying to get Members to move that issue is, think of what happens if we ment. resolution of disapproval. pass something in that regard and we AMENDMENT NO. 416 TO AMENDMENT NO. 410 If the committee does not act within are out here with the agencies doing Mr. LEVIN. Mr. President, I send an 20 days, the lobbyists will work to get rules and regulations to back up what amendment to the desk and ask for its 30 Members to sign a petition of dis- the Congress just passed. Then we find immediate consideration. charge or will pressure the majority that once the rules and regulations are The PRESIDING OFFICER. The and minority leaders to discharge the written, do we think that the lobbying clerk will report the amendment. committee. groups will not immediately come back The legislative clerk read as follows: So the lobbyists and special interests up and do everything they possibly can The Senator from Michigan [Mr. LEVIN] will have special ways of doing this, do to get that back on the floor again proposes an amendment numbered 416 to first with committee members. If that for additional discussion? You can bet amendment No. 410. does not work, then they will try for they will. Mr. LEVIN. Mr. President, I ask the majority or minority leaders, or Is that what we want? Do we want to unanimous consent that the reading of within 20 days they can do the 30–Mem- provide a forum for continually revis- the amendment be dispensed with.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4709 The PRESIDING OFFICER. Without tions, findings, actions, or omissions of the Forest Service, and for other pur- objection, it is so ordered. with respect to this act. However, judi- poses’’, approved April 24, 1950 (commonly The amendment is as follows: cial review of regulations not disproved known as the ‘‘Granger-Thye Act’’) (16 U.S.C. 580l), or other law. On page 14, strike lines 3 through 7, and in- by Congress is not affected by this act. sert in lieu thereof: Of course, it is expected that the courts SEC. 03. ISSUANCE OF NEW TERM GRAZING PER- MITS. ‘‘SEC. 7. JUDICIAL REVIEW. will give affect to any disapproval of (a) IN GENERAL.—Notwithstanding any No determinationa, finding, action, or the regulation. other provision of law, regulation, policy, omission under this Act shall be subject to Moreover, instructions to the courts court order, or court sanctioned settlement judicial review.’’ contained in the act, such as section agreement, the Secretary shall issue a new Mr. LEVIN. Mr. President, this 3(g) regarding inferences not to be term grazing permit without regard to amendment addresses the issue of judi- drawn from this inaction are neither whether the analysis required by the Na- cial review. It has been agreed to by determinations, findings, actions or tional Environmental Policy Act of 1969 (42 the managers of the bill, and I thank omissions, within the meaning of the U.S.C. 4321 et seq.) and other applicable laws has been completed, or final agency action them for their cooperation and sup- amendment; and therefore courts are port. respecting the analysis has been taken— expected to accept such direction from (1) to the holder of an expiring term graz- I want to thank the Senator from the Congress. Therefore, we have no ob- ing permit; or Ohio also for the tremendous work that jection to this amendment. he has put in on this amendment and Mr. GRASSLEY. Mr. President, I ask Mr. GLENN. Mr. President, I ask unanimous consent to speak as in also on the entire bill. I will have unanimous consent that I be permitted something more to say about his com- morning business for 8 minutes. to be a cosponsor of the amendment. The PRESIDING OFFICER. Is there ments relative to which rules should be The PRESIDING OFFICER. Without subject to legislative review, because I objection to the unanimous-consent re- objection, it is so ordered. quest of the Senator from Iowa? happen to agree with his comments a The PRESIDING OFFICER. The The Senator from Iowa is recognized. few moments ago. question is on agreeing to the amend- The purpose of this amendment, ment. f which I understand has been agreed to The amendment (No. 416) was agreed by the managers of the bill, is to be to. DEPARTMENT OF DEFENSE more precise on the question of judicial Mr. REID. Mr. President, I move to APPROPRIATIONS review. The substitute that is before us reconsider the vote. in two sections specifies that they are Mr. NICKLES. I move to lay that mo- Mr. GRASSLEY. Mr. President, I not subject to judicial review, and the tion on the table. want to speak for the fifth and prob- problem is that there could be an ambi- The motion to lay on the table was ably final time—at least for a few guity raised unintentionally about the agreed to. days—on this subject of Department of reviewability then of other sections AMENDMENT NO. 414, AS MODIFIED Defense appropriations and the con- which do not have that language. Mr. REID. Mr. President, as to tinuing program budget mismatch. So the concern that some of us have amendment No. 414, which was pre- If Congress rolled back DOD’s spend- is the implication relative to other sec- viously accepted, I send a modification ing plans at the height of the cold war tions of the bill by the specific lan- to the desk. in the mid-1980’s—and we did that on guage in two sections of the bill. The PRESIDING OFFICER. Without May 2, 1985—then why would Congress My amendment states that no deter- objection, the amendment will be so now move to pump up the defense mination, finding, action or omission modified. budget when the cold war is over and under this act shall be subject to judi- The amendment, as modified, is as the Soviet threat is gone? It makes no cial review, which clarifies the judicial follows: sense to me. nonreviewability of this act. I under- Page 5 of amendment No. 414 is modified as Mr. President, the General Account- stand that this has been cleared by the follows: ing Office has prepared an interesting managers. (2) FINAL AGENCY ACTION.—The term ‘‘final set of tables that portray the evolution The PRESIDING OFFICER (Mr. agency action’’ means agency action with re- of the future years defense program for GRAMS). Is there further debate on the spect to which all available administrative the Defense Department and the budg- amendment of the Senator from Michi- remedies have been exhausted. et mismatch with that future years gan? (3) TERM GRAZING PERMIT.—The term ‘‘term plain. I ask unanimous consent to have grazing permit’’ means a term grazing per- Mr. NICKLES. Mr. President, I thank this printed in the RECORD at this mit or grazing agreement issued by the Sec- my friend and colleague from Michi- retary under section 402 of the Federal Land point. gan. We have no objection to this Policy and Management Act of 1976 (43 There being no objection, the mate- amendment. This amendment pre- U.S.C. 1752), section 19 of the Act entitled rial was ordered to be printed in the cludes judicial review of determina- ‘‘An Act to facilitate and simplify the work RECORD, as follows: TOTAL OBLIGATIONAL AUTHORITY REFLECTED IN DOD’S FUTURE YEARS DEFENSE PROGRAMS a [In billions of dollars]

Fiscal Year 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984

1971 b ...... 79.4 77.0 73.5 70.1 69.1 69.8 69.0 ...... 1972 ...... 76.8 75.3 79.2 82.0 81.3 80.7 81.7 ...... 1973 ...... 75.1 78.1 83.2 87.3 86.6 85.6 84.0 ...... 1974 ...... 77.7 81.0 85.0 89.0 88.8 87.0 89.1 ...... 1975 ...... 80.5 87.1 92.6 96.9 95.2 96.8 98.5 ...... 1976 ...... 85.0 89.0 104.7 112.4 116.6 120.4 122.3 ...... 1977 ...... 87.9 98.3 112.7 119.7 125.8 129.8 132.1 ...... 1978 ...... 97.5 110.2 120.4 139.1 149.4 160.2 169.0 ...... 1979 ...... 108.3 116.8 126.0 145.1 154.6 165.2 177.4 ...... 1980 ...... 116.5 125.7 135.5 150.4 159.1 169.2 181.5 1981 ...... 124.8 139.3 158.7 183.6 205.6 228.7 1982 ...... 142.2 178.0 222.2 224.9 250.0 1983 ...... 176.1 214.2 258.0 285.5 1984 ...... 211.4 240.5 274.1 1985 ...... 238.7 259.1 1986 ...... 258.2 1987 ...... 1988 ...... 1989 c ...... 1990 ...... 1991 ...... 1992 ...... 1993 ...... 1994 ...... 1995 ...... 1996 ......

Difference d ...... n/a n/a n/a n/a n/a n/a $18.9 $15.8 $24.3 $27.4 $26.3 $19.9 $44.0 $42.4 $61.3 $76.8

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4710 CONGRESSIONAL RECORD — SENATE March 28, 1995 TOTAL OBLIGATIONAL AUTHORITY REFLECTED IN DOD’S FUTURE YEARS DEFENSE PROGRAMS a—Continued [In billions of dollars]

Fiscal Year 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984

Percent Change e ...... n/a n/a n/a n/a n/a n/a 27.4% 19.4% 29.0% 30.8% 26.7% 16.3% 33.3% 25.1% 34.6% 42.3%

a Each column begins with the initial planning estimate for that year. The 2nd through the 5th amounts in each column represent subsequent changes to the initial estimates as the initial estimate ultimately becomes the budget sub- mission. The last amount in each column represents the actual appropriated amounts. The intersection of the same year represents that year’s budget proposal. b Note that each row displays the prior year, the current year, the budget year and 4 or 5 out years. c DOD did not produce a revised FYDP for FY 1989. The data in the 1989 row is taken from the President’s budget submission. d Dollar difference between initial plan and ultimate appropriation. e Percentage change between the initial planning estimate and the ultimate appropriation. f Insufficient data for analysis. Source: US General Accounting Office Analysis of DOD Data.

TOTAL OBLIGATIONAL AUTHORITY REFLECTED IN DOD’S FUTURE YEARS DEFENSE PROGRAMS a—Continued [In billions of dollars]

Fiscal Year 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001

1971 b ...... 1972 ...... 1973 ...... 1974 ...... 1975 ...... 1976 ...... 1977 ...... 1978 ...... 1979 ...... 1980 ...... 1981 ...... 253.8 ...... 1982 ...... 278.3 296.2 ...... 1983 ...... 331.7 367.6 405.6 ...... 1984 ...... 326.8 357.3 386.2 425.2 ...... 1985 ...... 305.7 350.3 379.9 412.2 446.8 ...... 1986 ...... 265.3 314.4 354.8 402.4 439.7 478.6 ...... 1987 ...... 280.1 296.4 312.3 341.3 363.6 397.7 415.7 ...... 1988 ...... 280.5 286.3 304.1 324.1 370.4 392.6 416.1 ...... 1989 c ...... 279.5 283.2 299.5 316.4 333.7 351.6 370.2 ...... 1990 ...... 288.6 292.7 306.6 321.7 336.4 351.5 366.3 ...... 1991 ...... 292.2 292.3 297.3 320.9 337.2 350.1 365.0 ...... 1992 ...... 293.8 274.3 279.0 278.6 279.0 281.5 283.4 288.2 ...... 1993 ...... 309.1 286.1 271.3 268.6 270.7 271.3 275.5 ...... 1994 ...... 286.1 272.9 255.0 253.2 242.7 236.1 241.5 264.0 ...... 1995 ...... 270.0 251.7 253.5 244.2 241.5 247.5 253.8 ...... 1996 ...... 252.6 246.0 242.8 249.7 256.3 266.2 276.6

Difference d ...... $26.3 ($17.6) ($126.1) ($136.6) ($154.6) ($204.3) ($106.6) ($130.0) ($100.2) (f) (f) (f) (f) (f) (f) (f) (f) Percent Change e ...... 10.3% ¥5.9% ¥31.1% ¥32.1% ¥34.6% ¥42.7% ¥25.6% ¥31.2% ¥27.1% (f) (f) (f) (f) (f) (f) (f) (f)

a Each column begins with the initial planning estimate for that year. The 2nd through the 5th amounts in each column represent subsequent changes to the initial estimates as the initial estimate ultimately becomes the budget sub- mission. The last amount in each column represents the actual appropriated amounts. The intersection of the same year represents that year’s budget proposal. b Note that each row displays the prior year, the current year, the budget year and 4 or 5 out years. c DOD did not produce a revised FYDP for FY 1989. The data in the 1989 row is taken from the President’s budget submission. d Dollar difference between initial plan and ultimate appropriation. e Percentage change between the initial planning estimate and the ultimate appropriation. f Insufficient data for analysis. Source: US General Accounting Office Analysis of DOD Data.

Mr. GRASSLEY. Mr. President, I Second, the leaders at the Pentagon plan gets rolling, its true costs start to hope that we can see through all the fail to manage. They avoid the tough ooze out. fog. I hope that the gap between the fu- decisions. They finance the programs, As its costs rise, overly optimistic ture years defense plan and the budget and they use maneuvers called the funding levels do not materialize. The does not mean the military has un- ‘‘buy in’’ and ‘‘front loading’’ to get the topline, then, is pressed downward by funded needs. camel’s nose under the tent for a spe- us in the Congress because we only A superficial examination shows that cific program. The tent happens to be have so much money to spend, includ- the future years defense plan topline the future years’ defense plan, 6 years ing borrowing money, including for de- matches exactly the topline in the of planning. To get the whole camel in fense. President’s budget. the tent, the tent either has to be made Congress is faced with fiscal realities In theory, then, that means that all bigger or the camel gets smaller. and is forced to lower the topline. military requirements are met. That DOD knows this, but they will not Costs are underestimated and available does not happen to be the real world, tell us. They really will not admit it. funding is overestimated. That is why however. When Congress balks, the Department the camel will not fit into the tent. History teaches us that the cost of of Defense buys half a camel and then The money squeeze keeps making the the Department of Defense future years blames Congress for the mess, what tent smaller. eventually becomes a stretch out. It is The Seawolf submarine is an excel- defense plan, which is 6 years out, al- kind of a process of extortion. The lent case in point. When it was sold to most always exceeds money in the camel, which could be any of these de- the Congress, the Navy promised that budget. That is called over- fense programs, has to be reconfigured it would cost no more than $1 billion a programming. to fit under the tent of the future copy. Now the costs are all the way up The projected cost of the future years years’ defense plan. So instead of buy- to $3 billion, and perhaps even more. defense plan exceeds what Congress fi- ing a whole camel like we thought and The F–22 fighter is another perfect nally appropriates. need, we end up buying half a camel. example of the front-loading operation, If the Budget Committee sent a reso- This is the downside of the plans/re- where a particular plan will not fit into lution to the floor with a Department ality mismatch, which is all too evi- the budget with the available money of Defense-style overprogramming, I dent in every defense budget. that we have to appropriate. feel the Parliamentarian would rule it This process undermines our force When the Seawolf and the F–22 front- out of order. structure. Pretty soon, the military loading operations are repeated hun- So what we are faced with is a lack of cannot do its assigned missions. The dreds or even thousands of times in truth in budgeting. force is just too small. each future years’ defense plan for each First, the leaders in the Pentagon There is yet another way to look at separate program, we are staring down keep us, and perhaps themselves, in the the problem and that is, once a pro- the throat of a ravenous monster. dark with bad information—bad num- gram gains a solid foothold in the fu- This produces what I call a future bers. ture years’ defense program and that years’ defense plan blivet. Costs go up,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4711 projected funding comes down, and it is long time. Even former Secretary Les The legislative clerk proceeded to like trying to stuff 10 pounds of ma- Aspin talked about his fiscal horror call the roll. nure into a 5-pound bag. show. Secretary Perry has also talked Mr. NICKLES addressed the Chair. Front loading is a wasteful and de- about his. The PRESIDING OFFICER. The Sen- structive practice. Despite all the hand wringing in the ator from Oklahoma. The worst part about it is that the Pentagon, despite all the misleading Mr. NICKLES. Mr. President, I ask military does not get what it needs to accounting and the misleading budget unanimous consent that the order for do its job. information, it still all continues to be the quorum call be rescinded. With the Seawolf and the F–22, the tolerated at the top levels. The PRESIDING OFFICER. Without military will never get enough subs It is almost a joke. Officials openly objection, it is so ordered. and fighters to modernize the force as laugh about it. The chief financial offi- we know it. cer of any company would be fired on f The GAO’s ongoing historical studies the spot for presenting such inaccurate and misleading fiscal data. He or she of procurement programs show that REGULATORY TRANSITION ACT the Department of Defense pays more might even be jailed. but gets less. Now I know that the new comptroller The Senate continued with the con- For example, 130 percent is paid for over there, Mr. Hamre, is trying to fix sideration of the bill. 80 percent of a program. We must find the problem. But trying is not enough, AMENDMENT NO. 415, AS MODIFIED a way to control this monster. Leader- although I do give him good marks, Mr. NICKLES. Mr. President, I ask ship, integrity, courage, and good in- marks for being well intentioned and unanimous consent that I may modify formation—that is what is needed. trying to overcome all the obstacles amendment No. 415, which was pre- With leadership and good information, that are over there for the comptroller viously agreed to. Pentagon managers might have the to do the job that he is charged with The PRESIDING OFFICER. Without courage to make the hard choices need- doing. objection, the amendment is so modi- ed to squeeze all of the programs into I say ‘‘trying is not enough’’ because fied. the money sack that we finally ap- he has to do it, and heads will have to The amendment, No. 415, as modified, prove. roll because this job is done. Bad ac- is as follows: counting and budget numbers keep More money cannot be the answer be- On page 13, beginning on line 1, strike all cause we all know that the Pentagon Congress and the American people in through line 22 and insert in lieu thereof the has an insatiable appetite for more the dark. That is an undemocratic following: money and, quite frankly, we cannot process of our constitutional responsi- ‘‘(2) SIGNIFICANT RULE.—The term ‘‘signifi- appropriate enough money to satisfy bility of control. It is undemocratic be- cant rule’’— the appetite of the Defense to spend. cause it is unaccountable to the people. (A) means any final rule, issued after No- We have a duty and a responsibility vember 9, 1994, that the Administrator of the Caspar Weinberger taught us that les- to the citizens of this country to give Office of Information and Regulatory Affairs son the hard way. them a complete and a very accurate within the Office of Management and Budget Mr. President, that famous budget accounting of how we are spending finds— analyst over there at DOD, Chuck (i) has an annual effect on the economy of their money. Spinney, whom I spoke about a couple $100,000,000 or more or adversely affects in a Today, we are unable to do that as speeches ago, the man who got his pic- material way the economy, a sector of the far as the Defense budget is concerned. ture on the front cover of Time maga- economy, productivity, competition, jobs, We do not know how the money was zine, is still cranking out his spaghetti the environment, public health or safety, or used last year, and we do not know how State, local, or tribal governments or com- diagrams. He is doing it over there in the money will be used next year. munities; the bowels of the Pentagon. His new My message, Mr. President, is quite (ii) creates a serious inconsistency or oth- briefing is called ‘‘Anatomy in De- simple: If we do not know where we are erwise interferes with an action taken or cline.’’ and we do not know where we have planned by another agency; Like before, his data is derived from been, we cannot possibly figure out (iii) materially alters the budgetary im- pact of entitlement, grants, user fees, or loan the future year defense plans. It sounds where we are going. In regard to this like the same old story to me, but we programs or the rights and obligations or re- defense issue, we could be lost. We can- cipients thereof; or need to be sure. I believe that Chuck not make good budget decisions until Spinney has a great deal of credibility, (iv) raises novel legal or policy issues aris- we get some good numbers. ing out of legal mandates, the President’s but I suppose since so many people in Until the Department of Defense priorities, or the principles set forth in Exec- this body might not agree, then we budget shambles is cleaned up, I do not utive Order 12866. have to do other work to make sure think anyone knows for sure how much (B) does not include any agency action that it is backed up. is needed for national defense right that establishes, modifies, opens, closes, or Senator ROTH and I have asked the now. conducts a regulatory program for a com- General Accounting Office to conduct Yet the President wants to put $25 mercial, recreational, or subsistence activity relating to hunting, fishing, or camping.’’ an independent analysis and validation billion more in, and people in this body of the data and methodology used in want to put still, on top of that, an- Mr. NICKLES. Mr. President, I might this new Spinney study. Hopefully, the other $55 billion. Why would we want mention, this modification is just General Accounting Office will help to throw more good money after bad? changing paragraph and page in the put the problem in a very much under- It is beyond me, Mr. President. amendment that has already been standable perspective. I hope some of my colleagues on this agreed upon. Mr. President, I would now like to side of the aisle will join me in being a Mr. JOHNSTON. I have a question wrap up my thoughts on the integrity frugal hog. That means opposing any about the effect of the Nickles-Reid of the Department of Defense budget. increase in the defense budget. Instead, substitute on a regulation by the De- In a nutshell, Mr. President, we have we should work hard for better man- partment of Transportation to reduce financial chaos at the Pentagon. agement, more accurate information, the liability limit of deepwater ports We have meaningless accounting and for sure, accountability. Other- like the Louisiana Offshore Oil Port numbers. We have meaningless budget wise, we are all doomed to repeat the [LOOP]. As the Senator may be aware, numbers. We have meaningless cost es- mistakes of the 1980’s. the Oil Pollution Act of 1990 estab- timates. To make matters worse, the Mr. President, I yield the floor, as I lished a new Federal regime governing numbers are not just meaningless; they have concluded my statements on the liability for oilspill damages and clean- are also misleading and they are decep- integrity, or lack thereof, of the De- up. As part of that regime, liability tive. Bad financial information leads to fense Department budget. limits were established for different bad decisions. And there is no account- Mr. President, I suggest the absence types of vessels and facilities and, in ability for fiscal mismanagement. of a quorum. the case of deepwater ports, the liabil- The top leadership in the building The PRESIDING OFFICER. The ity limit was established at $350 mil- has been aware of the problems for a clerk will call the roll. lion. Recognizing that this limit might

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4712 CONGRESSIONAL RECORD — SENATE March 28, 1995 be inordinately high, however, the Oil term does not include any rule of particular The motion to lay on the table was Pollution Act required that the De- applicability including a rule that approves agreed to. partment of Transportation undertake or prescribes for the future rates, wages, Mr. DASCHLE addressed the Chair. prices, services, or allowances therefor, cor- a study and propose a lower limit if ap- porate or financial structures, reorganiza- The PRESIDING OFFICER. The propriate. The Coast Guard study was tions, mergers, or acquisitions thereof, or ac- Democratic leader. completed in October 1993. It concluded counting practices or disclosures bearing on that the use of deepwater ports is the any of the foregoing or any rule of agency f least risky means of importing crude organization, personnel, procedure, practice oil to the United States and that a or any routine matters.’’ REINVENTING GOVERNMENT lower liability limit is appropriate. Mr. LEVIN. Mr. President, agencies The rulemaking to lower LOOP’s liabil- issue probably thousands of rules each Mr. DASCHLE. Mr. President, a little ity limit was initiated on February 8, year that pertain only to one person or while ago the majority leader spoke on 1995. It could reduce the liability limit business. These are rules that are the floor regarding the administra- from its present level at $350 million to issued on a routine basis—opening a tion’s Reinventing Government pro- $50 million—a $300 million difference. bridge, changing a flight path, exempt- posal. yet the economic impact of this ing a person from meeting general The majority leader suggested that change, as I think the committee in- standards that do not apply to that the President has jumped on the budg- tended it to be measured, will be much person’s particular situations. I do not et-cutting bandwagon and that he has more limited, consisting primarily of think these rules are included in that done so in response to the November the lower annual insurance costs LOOP 4,000 count that we sometimes use as 1994 election. will incur which reflect the lower risk the rules that would be covered by this Mr. President, the President and the associated with deepwater ports such legislative review provision. Vice President, since before the No- as LOOP. Am I correct in under- These are the rules of specific, par- vember 1992 election, have stated and standing that the proposed rule to ticular applicability that have no gen- proven their commitment to the proc- lower LOOP’s liability limit would not eral applicability, and that it is not ess of streamlining government. The be considered a significant rule under our intent, I believe—I should not say proposal announced yesterday has been the substitute, and therefore would that, but I do not believe it is the in- labeled ‘‘REGO II,’’ because it is the take effect without a 45-day delay? tent of the makers of the substitute second phase in a Reinventing Govern- Mr. NICKLES. The Senator has an here—to cover by the substitute. ment process that began over 2 years excellent point. Although our sub- So this amendment makes it clear ago. stitute provides that the administrator that these rules of particular applica- Through that process headed by Vice of the Office of Information and Regu- bility and these routine rules are not President GORE, we have already taken latory Affairs makes the determina- covered by this legislative review sub- steps to cut back the Federal Govern- tions of what will qualify as ‘‘signifi- stitute. ment. The Federal work force is today cant rules,’’ it appears clear on its face I believe the amendment has been the smallest it has been since John that in this case, the measurement of cleared by the managers of the bill? Kennedy was in the White House. The the economic impact of the regulation The PRESIDING OFFICER. The Sen- proposal announced yesterday would would be the cost savings to LOOP, not ator from Oklahoma. cut $13.1 billion and eliminate 4,805 Mr. NICKLES. Mr. President, I appre- the dollar amount by which its liabil- Government positions over the next 5 ciate my colleague’s amendment. We ity limit is reduced, and therefore in years. have worked with him and his staff on my opinion, it probably would not be Reinventing Government has been an this amendment. We have no objections considered a significant rule by OIRA ongoing, thoughtful process based on and urge its adoption. careful analysis of the ways with which for purposes of this legislation. The PRESIDING OFFICER. The Sen- Mr. JOHNSTON. I thank the Senator to cut the bureaucracy while ensuring ator from Ohio. the Government’s ability to meet our for his interpretation of the standard Mr. GLENN. Mr. President, I com- of measurement for economic impact policy goals. pliment the Senator from Michigan for To suggest that the President or the and its application to the rule reducing his work on this. He has worked long LOOP’s liability limit. Vice President have jumped on the and hard on rules and regulations in bandwagon is off base. Mr. NICKLES. Mr. President, I sug- the Governmental Affairs Committee. gest the absence of a quorum. The majority leader also suggested This is one example of how thorough he that the rescissions bill the Senate is The PRESIDING OFFICER. The is in these areas. clerk will call the roll. about to consider will provide imme- Even though we can pass laws—we diate savings and is, therefore, superior The legislative clerk proceeded to can pass rules and regulations—there call the roll. to the President’s Reinventing Govern- are coincidences that apply in par- ment proposal. Mr. LEVIN. Mr. President, I ask ticular cases or places, or things are unanimous consent that the order for First, Mr. President, the administra- found to be unfair with the local peo- tion’s Reinventing Government pro- the quorum call be rescinded. ple. And, where that can be corrected, The PRESIDING OFFICER. Without posal and the rescissions package are it should be corrected. not in competition. It is not an either/ objection, it is so ordered. This provides for that kind of a cor- or. We can and should cut waste and AMENDMENT NO. 417 TO AMENDMENT NO. 410 rection where otherwise people would streamline Government whenever and Mr. LEVIN. Mr. President, I send an be dealt with very unfairly by their wherever it makes sense and fits with- amendment to the desk and ask for its government. We are trying to make in our national priorities. immediate consideration. this as fair as possible for everybody. The PRESIDING OFFICER. The That is what the Senator from Michi- But if the comparison is going to be clerk will report. gan is doing. I compliment him and am made, it should be accurate. I would The legislative clerk read as follows: glad to cosponsor his amendment. hate for anyone to be left with the im- The Senator from Michigan [Mr. LEVIN], Mr. LEVIN. I thank the Senator from pression that the Republican rescis- for himself and Mr. GLENN, proposes an Ohio. sions package provides over $13 billion amendment numbered 417 to amendment No. Mr. President, I do not know of any in cash savings in fiscal year 1995, be- 410. further debate on the amendment. cause it does not. Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without According to the Congressional Budg- unanimous consent that reading of the objection, the amendment (No. 417) is et Office, the proposal would cut $13.2 amendment be dispensed with. agreed to. billion in budget authority in fiscal The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I move to year 1995, but the outlay savings would objection, it is so ordered. reconsider the vote by which the be $11.48 billion spread over the next 5 The amendment is as follows: amendment was agreed to. years. The analysis from CBO shows On page 14 of the amendment, line 2, strike Mr. GLENN. I move to lay that mo- that, while $13.2 billion in budget au- the period and insert: ‘‘, except that such tion on the table. thority would be cut in fiscal year 1995,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4713 the Republican proposal would cut only I ask unanimous consent that a CBO There being no objection, the mate- $1.138 billion in outlays in fiscal year analysis issued today on the rescissions rial was ordered to be printed in the 1995. package be printed in the RECORD at RECORD, as follows: this point. SUMMARY: SECOND SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT, 1995 (S. 617), STATUS: SENATE REPORTED [Note: estimates based on April 1, 1995 enactment; by fiscal year, in millions of dollars]

Budget Outlays— authority 1995 1996 1997 1998 1999

Emergencies Fiscal year 1995 ...... 1,900 335 67 1,498 0 0 Contingent Emergencies Fiscal year 1996 ...... 4,800 0 0 346 1,981 2,474 Supplementals Fiscal year 1995 ...... 2 (15 ) 20 304 99 0

Discretionary ...... (7 ) (24 ) 20 304 99 0 Mandatory ...... 9 9 0 0 0 0 Fiscal year 1996 ...... 251 0 (41 ) 22 0 0 Fiscal year 1997 ...... (40 ) 0 0 (60 ) 21 0 Fiscal year 1998 ...... (39 ) 0 0 0 (43 ) 3

Total, Fiscal years 1995–98 ...... 174 (15 ) (21 ) 265 77 3

Discretionary ...... 165 (24) (21 ) 265 77 3 Mandatory ...... 9 9 0 0 0 0 Rescissions Fiscal year 1995 ...... (13,152) (1,138) (2,939 ) (2,454 ) (1,981 ) (2,912 )

Emergencies ...... (62 ) (* ) (2 ) (2 ) (2 ) (4 ) Non-Emergencies ...... (13,090) (1,138 ) (2,937 ) (2,452 ) (1,979 ) (2,908 ) Fiscal year 1996—Non-Emergencies ...... (26 ) 0 (26) 0 0 0 Fiscal year 1997—Non-Emergencies ...... (29 ) 0 0 (29 ) 0 0 Total Fiscal years 1995–97 ...... (13,208 ) (1,138 ) (2,965 ) (2,484 ) (1,981) (2,912 )

Emergencies ...... (62 ) (* ) (2 ) (2 ) (2 ) (4 ) Non-Emergencies ...... (13,146) (1,138 ) (2,963 ) (2,481 ) (1,979 ) (2,908 ) Total Bill FY 1995–98: Emergencies ...... 6,700 335 67 1,844 1,981 2,474 Supplementals ...... 174 (15 ) (21 ) 265 77 3 Rescissions ...... (13,208) (1,138 ) (2,965 ) (2,484 ) (1,981 ) (2,912 )

Total ...... (6,334 ) (818 ) (2,919 ) (374 ) 77 (435 ) *Congressional Budget Office, Mar. 28, 1995.

Mr. DASCHLE. Mr. President, I hope REGULATORY TRANSITION ACT I wanted very much to have an elected we can avoid the politicization of the The Senate continued with the con- person accountable to me for major debate about reorganizing government. sideration of the bill. regulations, be it an elected President Democrats and Republicans both recog- Mr. LEVIN. Mr. President, I ask or be it an elected Member of Congress. nize the need to reinvent government, unanimous consent that I be added as a So I very much supported legislative to find ways to run our Federal Gov- cosponsor to the pending substitute. veto starting in 1979 when I worked with Elliott Levitas in the House and ernment in a much more efficient man- The PRESIDING OFFICER. Without Harrison Schmitt in the Senate on ner. objection, it is so ordered. Government-wide legislative veto, as Mr. LEVIN. Mr. President, I support The President and the Vice President well as a specific provision for the Fed- the substitute. I have supported what should be congratulated—not criti- eral Trade Commission. we call legislative review—the earlier cized—for leading the effort to find new form being called legislative veto—not As a matter of fact, Senator Ribicoff, ways, going all the way back to the only when I got to the U.S. Senate but who was then chairman of the Govern- very beginning of this administration, before I got to the U.S. Senate. It was mental Affairs Committee, held a se- to both reduce the cost and the size of actually, believe it or not, part of my ries of hearings on regulatory reform, government in a meaningful way. election platform when I first ran for did a major study which was the basis for an omnibus regulatory reform bill With that, I yield the floor. the U.S. Senate in 1978, because I be- lieved that elected officials should called S. 1080 that passed the Senate in Mr. GLENN. Mr. President, I suggest have the responsibility to review im- 1982 but died in the House. the absence of a quorum. portant regulations of the bureaucracy. I sponsored the legislative veto provi- sion that was added to the FTC. The The PRESIDING OFFICER. The I found, as a local official, that I was reason we did that was because of some clerk will call the roll. too often confronted with regulations which had major impacts on my com- major controversial rulings of the FTC The legislative clerk proceeded to munity, and I was told, if you want to relative to used-car dealers and funeral call the roll. go and complain about those regula- directors and other major industries and segments of our economy. Mr. LEVIN. Mr. President, I ask tions, go to the agencies somewhere Senator Schmitt and I, in March 1982, unanimous consent that the order for out in the yonder somewhere, see if offered a Government-wide legislative the quorum call be rescinded. you can find that agency or the re- gional office of that agency some- review amendment to the regulatory The PRESIDING OFFICER. Without where. I was shunted around from reform bill that I have made reference objection, it is so ordered. unelected official to unelected official. to. And some of the same key players

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4714 CONGRESSIONAL RECORD — SENATE March 28, 1995 who are active now—Senators NICKLES, So, Mr. President, again, I am This bill is antidemocratic. Even the GRASSLEY, and COCHRAN—were all co- pleased to cosponsor this substitute. I Reagan Department of Justice rejected sponsors of that legislative veto provi- congratulate Senator NICKLES and Sen- putting the courts in charge of cost- sion. That amendment was adopted by ator REID on this substitute. The Sen- benefit analysis because it was anti- an overwhelming vote. We would be in ator from Oklahoma and the Senator democratic. a lot better shape today had that provi- from Nevada are to be congratulated An elite group of economists using sion been enacted into law. on this substitute and I think it has That provision, like Nickles-Reid, re- been improved by a series of amend- formulas we do not understand, and quired a joint resolution of disapproval ments. values we do not share, will veto laws as distinguished from just a concurrent I yield the floor. passed by Congress designed to protect resolution or a simple resolution. The Mr. LEAHY. Mr. President, today the the health and safety of the American Supreme Court in Chadha had ruled Senate began debate on overhauling people. that the concurrent resolution form of how the Federal Government imposes Perhaps this legislation can be fixed. legislative veto was unconstitutional. regulatory regulations. This legislation If not, President Clinton should veto it. After the defeat of that omnibus reg- is the first of several bills the Senate ulatory reform bill, S. 1080, in the may consider that have far-reaching Mr. KOHL. Mr. President, I rise with House, Senator GRASSLEY tried to res- implications for every policy that we great ambivalence about the legisla- urrect it in the 98th Congress. I sup- consider on the floor. tion that we are considering today. I ported that effort. But, again, we did In the last 20 years, this Congress has have expressed grave reservations not make it. passed many laws to protect the public about efforts to impose a regulatory So, Mr. President, with that kind of health and safety. The regulations to moratorium, similar to that reported long history of support for legislative implement these laws were largely out of the Governmental Affairs Com- veto, here called legislative review be- written by Presidents Ford, Reagan, mittee. I believe such legislation to be cause it is somewhat different from and Bush. extreme, because it assumes all regula- those original forms, I am happy to co- The theory behind this legislation is tions are bad, and does not allow for sponsor the substitute that is before that regulators have been running distinctions between necessary regula- us. And I am particularly pleased be- amok. tions and superfluous regulations. If that is so, they have been running cause I think this has a good chance of While I agree that we should scruti- becoming law. This is real reform. very slowly. Today, every car ad brags about airbags, but it took 20 years to nize regulations to assure that they are I believe it is the most significant re- justified and reasonable, I believe a form that we can make in this area, be- get the regulations in place to protect straight moratorium to be irrespon- cause regulation is legislative in na- us from accidents. sible. In that context, I am pleased ture. Except for these rules of specific In 1987, I started trying to get meat that a bipartisan substitute has been applicability or individual applica- inspection reformed. It has taken 8 offered to change the focus of this bill bility which we have now exempted, years to get those regulations issued— toward a legislative veto, which allows when rules are adopted by agencies, they are not final—even though they they are significantly legislative in ef- will save 4,000 lives a year. Congress to formally review major reg- fect. They apply to large numbers of The Senate Judiciary Committee will ulations. people, usually prospectively. And it is soon consider a bill that will delay However, even though the substitute because of that legislative nature of them at least 2 years more. we are considering today is reasonable, This proposed legislation is not an these major rules that we should keep I am concerned that the regulatory antidote to regulators run amok. It is some political accountability. We regulatory reform run amok. I believe moratorium concept is not dead. The should be politically responsible for in regulatory reform. The Laxalt- House has passed moratorium legisla- the actions of the agencies to make Leahy regulatory reform bill passed tion, and will be pushing to have that sure that what they are doing carries the Senate unanimously in 1982—13 version enacted. out our intent and to make sure that years ago. Foremost among my concerns with a what they are doing in fact is cost ef- I believe that first, Congress should moratorium is the status of pending fective. decide what responsibility we have to Mr. President, the delay that is in- drinking water regulations addressing avoid harming our neighbors—what volved in this form of legislative re- cryptosporidium. Just under 2 years values it wants to protect. Then the view is insignificant. The Administra- ago, the residents of Milwaukee experi- agencies should use cost-benefit anal- tive Procedures Act already has a man- enced a debilitating outbreak of the ysis—and whatever other tools are datory 30-day delay before a rule can parasite cryptosporidium in the drink- available to make the best decision. ing water. Buy the time the parasite become effective. There may be a little This bill takes a fundamentally dif- problem when Congress is out of ses- infestation had fully run its course, 104 ferent approach to regulatory reform. Milwaukee residents had died, and over sion, but we are just going to have to This bill is hypocritical. 400,000 had suffered from a debilitating live with that. But this 45-day period of Under this legislation USDA will delay to give Congress an opportunity continue to give a ‘‘grade A’’ label to illness. to use an expedited process to review a unsafe meat. And it turns out that this problem rule that it chooses to on an individual This bill is so unworkable that the was nothing new to this Nation. In re- basis makes us accountable for the corporate lawyers insist on being ex- ality, while the Milwaukee incident is rules that affect large numbers of peo- empted from it. Permits to put a prod- the largest reported cryptosporidium ple’s lives in this country. We should uct on the market are exempt from all outbreak in U.S. history, it is just one accept that responsibility. We should reform. To protect the public, however, of many outbreaks nationwide. Other be accountable for this kind of agency you have to do a judicially reviewable, major outbreaks in recent years in- activity. peer reviewed, cost-benefit analysis clude a 1987 cryptosporidium outbreak This legislative review approach will and a peer reviewed, judicially review- in Carrollton, GA, that sickened 13,000 do just that, and it does it in a very able, risk assessment. people, and a 1992 incident in Jackson reasonable way. It is not a lumping of This bill is unworkable. My regu- County, OR, that caused 15,000 people all rules together like that moratorium latory reform bill used cost-benefit to become ill. There are numerous was and say freeze everything. This, to analysis as a tool to make sure regula- other examples of parasite contamina- the contrary, takes a look at indi- tion is done right. This bill takes a use- tion nationwide. vidual rules by the Congress, and the ful tool, and turns it into a rigid rule. only delay that is involved, that 45-day My bill made sure that rules were But despite these outbreaks, no regu- delay, makes it possible for us legisla- based on a cost-benefit analysis. This latory actions had been taken to pro- tively to look individually at rules to bill is a recipe for paralysis. tect consumers against future out- make sure again that, before a rule Instead of making sure there are breaks. With the Milwaukee disaster, goes into effect, it is cost effective and good decisions, it makes sure that the Nation finally woke up to the prob- carries out our intent. there will be no decisions. lem. In the aftermath of Milwaukee,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4715 EPA is now in the process of promul- most of the afternoon. It is technical in Mr. NICKLES. Mr. President, I ask gating a package of regulations to re- nature. It clarifies what was the intent for the yeas and nays on the amend- quire communities to test for of the Senator from Nevada and the ment. cryptosporidium in their drinking Senator from Oklahoma. I believe the The PRESIDING OFFICER. Is there a water, and ultimately to treat the Senator from Oklahoma has cleared sufficient second? water to remove cryptosporidium the amendment. There is a sufficient second. threats. These regulations are long Mr. NICKLES addressed the Chair. The yeas and nays were ordered. overdue and must not be delayed any The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, I ask further. ator from Oklahoma. unanimous consent to vitiate the yeas Mr. President, I offer the Mr. NICKLES. Mr. President, we and nays on the Nickles-Reid amend- cryptosporidium example to remind have reviewed this amendment, and we ment. my colleagues that there are instances have no objection to it. I ask for its im- The PRESIDING OFFICER. Without in which the Federal Government has mediate adoption. objection, it is so ordered. not done enough. Much of the rhetoric The PRESIDING OFFICER. The The PRESIDING OFFICER. The of recent months has been focused on question is on agreeing to the amend- question is on agreeing to Nickles-Reid the extreme horror stories of overregu- ment. substitute amendment No. 410, as lation. While some of these concerns The amendment (No. 418) was agreed amended. are valid, we must also remember the to. The amendment (No. 410), as amend- horror stories of underregulation. I be- Mr. REID. Mr. President, I move to ed, was agreed to. lieve that the 104 deaths and 400,000 ill- reconsider the vote by which the The PRESIDING OFFICER. The nesses in Milwaukee are a testimony to amendment was agreed to. question is on agreeing to the com- the dangers of government inaction. Mr. NICKLES. I move to lay that mo- mittee amendment in the nature of a I certainly believe that the tion on the table. substitute, as amended. cryptosporidium threat in this Nation The motion to lay on the table was The committee amendment in the constitutes an imminent threat to agreed to. nature of a substitute, as amended, was Mr. NICKLES. Mr. President, I sug- human health and safety, and should, agreed to. gest the absence of a quorum. therefore, be theoretically exempted The PRESIDING OFFICER. The The PRESIDING OFFICER. The from any regulatory moratorium bill. question is on the engrossment and clerk will call the roll. However, I am concerned that the bu- third reading of the bill. The bill clerk proceeded to call the reaucratic process necessary to make a The bill was ordered to be engrossed declaration of imminent threat will roll. Mr. NICKLES. Mr. President, I ask for a third reading and was read the cause unnecessary delay and place the third time. people of this Nation at future risk. unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Mr. So while I will support this sub- President, I ask for the yeas and nays. stitute to establish a legislative veto, I The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Is there a do so with reservations about the po- sufficient second? AMENDMENT NO. 419 TO AMENDMENT NO. 410 tential of a resurrected regulatory There is a sufficient second. moratorium. If such an effort is re- (Purpose: Making technical corrections to the Nickles-Reid substitute) The yeas and nays were ordered. newed in this body, I will strongly op- Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I send pose such legislation. unanimous consent that final passage an amendment making technical cor- Mr. REID addressed the Chair. occur on S. 219, as amended, at 10:45 The PRESIDING OFFICER. The Sen- rections to the desk and ask for its im- a.m. on Wednesday, March 29, and that ator from Nevada. mediate consideration. The PRESIDING OFFICER. The paragraph 4 of rule XII be waived. AMENDMENT NO. 418 TO AMENDMENT NO. 410 The PRESIDING OFFICER. Without Mr. REID. Mr. President, I believe clerk will report. The bill clerk read as follows: objection, it is so ordered. the last matter this evening, at least Mr. NICKLES. Mr. President, I wish The Senator from Oklahoma [Mr. NICKLES] as far as the Senator from Nevada is to thank my friend and colleague, Sen- concerned, is an amendment offered on proposes an amendment numbered 419 to ator REID. behalf of the Senator from Minnesota amendment No. 410. I wish to thank him and the Senator [Mr. WELLSTONE]. I send the amend- Mr. NICKLES. Mr. President, I ask from Michigan and the Senator from ment to the desk. unanimous consent that the reading of Ohio, Senator GLENN, for their leader- The PRESIDING OFFICER. The the amendment be dispensed with. ship and cooperation in enabling us to clerk will report. The PRESIDING OFFICER. Without The legislative clerk read as follows: objection, it is so ordered. come to final passage. I will remind my colleagues, for The Senator from Nevada [Mr. REID], for The amendment is as follows: Mr. WELLSTONE, proposes an amendment On page 12, line 7, strike the word ‘‘signifi- those who have not been following this, numbered 418 to amendment No. 410. cant’’; that we will have final vote tomorrow Mr. REID. Mr. President, I ask unan- On page 13, line 2, of amendment No. 415, at 10:45. We were discussing 11, but it imous consent that the reading of the strike the words ‘‘, issued after November 9, has been requested that the vote be at 1994,’’; 10:45 a.m. amendment be dispensed with. On page 14, line 23, strike the word ‘‘sig- The PRESIDING OFFICER. Without nificant’’. objection, it is so ordered. f The amendment is as follows: Mr. NICKLES. Mr. President, as I mentioned, this is a technical amend- On page 3, after line 24, insert the fol- MORNING BUSINESS lowing: ment, and I urge its adoption. ‘‘(4) FAILURE OF JOINT RESOLUTION OF DIS- The PRESIDING OFFICER. Is there APPROVAL.—Notwithstanding the provisions further debate? If not, the question is of paragraph (2), the effective date of a rule on agreeing to the amendment. REPORT ON THE HEALTH CARE shall not be delayed by operation of this Act The amendment (No. 419) was agreed FOR NATIVE HAWAIIANS PRO- beyond the date on which either House of to. GRAM—MESSAGE FROM THE Congress votes to reject a joint resolution of Mr. NICKLES. Mr. President, I know PRESIDENT—PM 37 disapproval under section 4. of no further amendments on this bill. On page 8, line 4, delete everything from The PRESIDING OFFICER laid be- Mr. REID. The Senator from Nevada ‘‘after’’ through ‘‘Congress’’ and insert on fore the Senate the following message line 5 ‘‘including the period beginning on the knows of none on this side. The PRESIDING OFFICER. If there from the President of the United date on which the report referred to in sec- States, together with an accompanying tion 3(a) is received by Congress and ending are no further amendments, the ques- 45 days thereafter,’’. tion then is on agreeing to amendment report; which was referred to the Com- mittee on Indian Affairs. Mr. REID. Mr. President, the staffs No. 410, as amended, the substitute of- have been working on this amendment fered by the Senator from Oklahoma. To the Congress of the United States:

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4716 CONGRESSIONAL RECORD — SENATE March 28, 1995 I transmit herewith the Report of the (UNITA). There have been no amend- Service, the Office of the Under Sec- Health Care for Native Hawaiians Pro- ments to the Regulations since my re- retary for Enforcement, and the Office gram, as required by section 11 of the port of September 20, 1994. of the General Counsel) and the De- Native Hawaiians Health Care Act of The Regulations prohibit the sale or partment of State (particularly the Of- 1988, as amended (Public Law 102–396; 42 supply by United States persons or fice of Southern African Affairs). U.S.C. 11701 et seq.). from the United States, or using U.S.- I will continue to report periodically WILLIAM J. CLINTON. registered vessels or aircraft, of arms to the Congress on significant develop- THE WHITE HOUSE, March 27, 1995. and related materiel of all types, in- ments, pursuant to 50 U.S.C. 1703(c). cluding weapons and ammunition, f WILLIAM J. CLINTON. military vehicles, equipment and spare THE WHITE HOUSE, March 27, 1995. REPORT ON THE NATIONAL EMER- parts, and petroleum and petroleum f GENCY WITH RESPECT TO AN- products to UNITA or to the territory GOLA—MESSAGE FROM THE of Angola other than through des- MESSAGES FROM THE HOUSE PRESIDENT—PM 38 ignated points. United States persons At 6:59 p.m., a message from the The PRESIDING OFFICER laid be- are also prohibited from activities that House of Representatives, delivered by fore the Senate the following message promote or are calculated to promote Ms. Goetz, one of its reading clerks, an- from the President of the United such sales or supplies to UNITA or An- nounced that the House disagrees to States, together with an accompanying gola, or from any transaction by any the amendments of the Senate and report; which was referred to the Com- United States persons that evades or agrees to the conference asked by the mittee on Banking, Housing, and avoids, or has the purpose of evading or Senate on the disagreeing votes of the Urban Affairs. avoiding, or attempts to violate, any of Houses thereon; and that the following the prohibitions set forth in the Execu- Members be appointed as the managers To the Congress of the United States: tive order. Also prohibited are trans- of the conference on the part of the I hereby report to the Congress on actions by United States persons, or in- House: the developments since September 26, volving the use of U.S.-registered ves- For consideration of Senate amend- 1994, concerning the national emer- sels or aircraft, relating to transpor- ments numbered 3, 5, 6, 7, and 10 gency with respect to Angola that was tation to Angola or UNITA of goods the through 25, and the Senate amendment declared in Executive Order No. 12865 of exportation of which is prohibited. to the title of the bill: Mr. LIVINGSTON, September 26, 1993. This report is sub- The Government of Angola has des- Mr. MYERS of Indiana, Mr. YOUNG of mitted pursuant to section 401(c) of the ignated the following points of entry as Florida, Mr. REGULA, Mr. LEWIS of National Emergencies Act, 50 U.S.C. points in Angola to which the articles California, Mr. PORTER, Mr. ROGERS, 1641(c), and section 204(c) of the Inter- otherwise prohibited by the Regula- Mr. WOLF, Mrs. VUCANOVICH, Mr. CAL- national Emergency Economic Powers tions may be shipped: Airports: Luanda LAHAN, Mr. OBEY, Mr. YATES, Mr. Act, 50 U.S.C. 1703(c). and Katumbela, Benguela Province; STOKES, Mr. WILSON, Mr. HEFNER, Mr. On September 26, 1993, I declared a Ports: Luanda and Lobito, Benguela COLEMAN, and Mr. MOLLOHAN. national emergency with respect to Province; and Namibe, Namibe Prov- For consideration of Senate amend- Angola, invoking the authority, inter ince; and Entry Points: Malongo, ments numbered 1, 2, 4, 8 and 9: Mr. alia, of the International Emergency Cabinda Province. Although no specific YOUNG of Florida, Mr. MCDADE, Mr. Economic Powers Act (50 U.S.C. 1701 et license is required by the Department LIVINGSTON, Mr. LEWIS of California, seq.) and the United Nations Participa- of the Treasury for shipments to these Mr. SKEEN, Mr. HOBSON, Mr. BONILLA, tion Act of 1945 (22 U.S.C. 287c). Con- designated points of entry (unless the Mr. NETHERCUTT, Mr. NEUMANN, Mr. sistent with the United Nations Secu- item is destined for UNITA), any such MURTHA, Mr. DICKS, Mr. WILSON, Mr. rity Council Resolution 864, dated Sep- exports remain subject to the licensing HEFNER, Mr. SABO, and Mr. OBEY. tember 15, 1993, the order prohibited requirements of the Departments of f the sale or supply by United States State and/or Commerce. persons or from the United States, or 2. FAC has worked closely with the EXECUTIVE REPORTS OF using U.S.-registered vessels or air- U.S. financial community to assure a COMMITTEES craft, of arms and related materiel of heightened awareness of the sanctions The following executive reports of all types, including weapons and am- against UNITA—through the dissemi- committees were submitted: munition, military vehicles, equipment nation of publications, seminars, and By Mr. PRESSLER, from the Committee and spare parts, and petroleum and pe- notices to electronic bulletin boards. on Commerce, Science, and Transportation: troleum products to the territory of This educational effort has resulted in Thomas Hill Moore, of Florida, to be a Angola other than through designated frequent calls from banks to assure Commissioner of the Consumer Products points of entry. The order also prohib- that they are not routing funds in vio- Safety Commission for the remainder of the ited such sale or supply to the National lation of these prohibitions. United term expiring October 26, 1996. Union for the Total Independence of States exporters have also been noti- (The above nomination was reported Angola (‘‘UNITA’’). United States per- fied of the sanctions through a variety with the recommendation that he be sons are prohibited from activities that of media, including special fliers and confirmed, subject to the nominee’s promote or are calculated to promote computer bulletin board information commitment to respond to requests to such sales or supplies, or from at- initiated by FAC and posted through appear and testify before any duly con- tempted violations, or from evasion or the Department of Commerce and the stituted committee of the Senate.) avoidance or transactions that have Government Printing Office. There f the purpose of evasion or avoidance, of have been no license applications under INTRODUCTION OF BILLS AND the stated prohibitions. The order au- the program. thorized the Secretary of the Treasury, 3. The expenses incurred by the Fed- JOINT RESOLUTIONS in consultation with the Secretary of eral Government in the 6-month period The following bills and joint resolu- State, to take such actions, including from September 26, 1994, through tions were introduced, read the first the promulgation of rules and regula- March 25, 1995, that are directly attrib- and second time by unanimous con- tions, as might be necessary to carry utable to the exercise of powers and au- sent, and referred as indicated: out the purposes of the order. thorities conferred by the declaration By Mr. DOMENICI (for himself, Mr. 1. On December 10, 1993, the Treasury of a national emergency with respect BIDEN, Mrs. KASSEBAUM, Mr. BINGA- Department’s Office of Foreign Assets to Angola (UNITA) are reported at MAN, Mr. JEFFORDS, and Mr. Control (‘‘FAC’’) issued the UNITA about $50,000, most of which represents WELLSTONE): (Angola) Sanctions Regulations (the wage and salary costs for Federal per- S. 632. A bill to create a national child cus- tody database, to clarify the exclusive con- ‘‘Regulations’’) (58 Fed. Reg. 64904) to sonnel. Personnel costs were largely tinuing jurisdiction provisions of the Paren- implement the President’s declaration centered in the Department of the tal Kidnapping Prevention Act of 1980, and of a national emergency and imposi- Treasury (particularly in the Office of for other purposes; to the Committee on the tion of sanctions against Angola Foreign Assets Control, the Customs Judiciary.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4717 By Mr. PRYOR: SUBMISSION OF CONCURRENT AND that without a responsible parent or S. 633. A bill to amend the Federal Deposit SENATE RESOLUTIONS guardian, children are at the mercy of Insurance Act to provide certain consumer The following concurrent resolutions society. In the absence of measures to protections if a depository institution en- and Senate resolutions were read, and protect them, they are our most vul- gages in the sale of nondeposit investment referred (or acted upon), as indicated: nerable and needy citizens. In such a products, and for other purposes; to the Com- case, the law becomes their primary mittee on Banking, Housing, and Urban Af- By Mr. DASCHLE: S. Res. 95. A resolution making minority protector and provider, and often their fairs. last source of relief in many instances By Mr. D’AMATO (for himself and Mr. party appointments to the Committee on En- DOLE): ergy and Natural Resources, and the Com- in this country. I am addressing these mittee on Veterans’ Affairs; considered and issues today because I rise to introduce S. 634. A bill to amend title XIX of the So- agreed to. a bill that seeks to further support cial Security Act to provide a financial in- centive for States to reduce expenditures f children in this country, and which will assist in protecting them when under the Medicaid Program, and for other STATEMENTS ON INTRODUCED their best interests are not being purposes; to the Committee on Finance. BILLS AND JOINT RESOLUTIONS By Mrs. HUTCHISON (for herself, Mr. served. NUNN, Mr. THURMOND, and Mr. By Mr. DOMENICI (for himself, THE CHILD CUSTODY REFORM ACT OF 1995 GRAHAM): Mr. BIDEN, Mrs. KASSEBAUM, In 1980, Congress passed the Parental S. 635. A bill to amend title 10, United Mr. BINGAMAN, Mr. JEFFORDS Kidnapping Prevention Act—the States Code, to provide uniformity in the and Mr. WELLSTONE): PKPA. This bill sought to end the com- criteria and procedures for retiring general S. 632. A bill to create a national mon situation where feuding parents, and flag officers of the Armed Forces of the child custody database, to clarify the whether divorced, separated, estranged, United States in the highest grade in which exclusive continuing jurisdiction provi- or otherwise, used their children as served, and for other purposes; to the Com- sions of the Parental Kidnapping Pre- pawns in their personal vendettas mittee on Armed Services. vention Act of 1980, and for other pur- against each other. Often, this would By Mr. DASCHLE (for himself and Mr. poses; to the Committee on the Judici- PRESSLER): take the form of one parent kidnapping ary. the child and moving to another State. S. 636. A bill to require the Secretary of THE CHILD CUSTODY REFORM ACT OF 1995 Agriculture to issue new term permits for Once in the other State, the parent grazing on National Forest System lands to Mr. DOMENICI. Mr. President, I am could petition that State court in order replace previously issued term grazing per- this morning going to introduce a bill to obtain a new custody ruling. In the mits that have expired, soon will expire, or that I am hopeful the Judiciary Com- event that a different ruling was hand- are waived to the Secretary, and for other mittee of the U.S. Senate will take ed down, the legal battles began, with purposes; to the Committee on Energy and into consideration rather quickly and the child being used as leverage in a vi- Natural Resources. report something to the U.S. Senate cious parental battle that often played By Mr. MCCAIN: akin to what I am going to talk about out over many years. The children S. 637. A bill to remove barriers to inter- for the next few minutes. thrown into the middle of these situa- racial and interethnic adoptions, and for There is much talk about seeing to it tions obviously suffered, some think other purposes; to the Committee on Fi- that we insist that parents be respon- they suffered irreparable harm, and nance. sible and that, where there are custody By Mr. MURKOWSKI (by request): congress had to step in to bring this situations in a split household, divorce practice to a halt. The PKPA did much S. 638. A bill to authorize appropriations or otherwise, the obligations to pay to alleviate this situation, and solidi- for United States insular areas, and for other child support get enforced across the purposes; to the Committee on Energy and fied the statutes that protect children Natural Resources. land. The President speaks of it, every- involved in custody disputes. Several By Mr. CAMPBELL (for himself and one speaks of it, in more or less the no- years of this law in actual practice, Mr. JOHNSTON): tion of the need for parental responsi- however, have demonstrated that some S. 639. A bill to provide for the disposition bility and the fact that responsible par- gaps exist in this legislation, and there of locatable minerals on Federal lands, and ents alleviate some of the Govern- remain a few loopholes through which for other purposes; to the Committee on En- ment’s expenditures if they were pay- this situation can continue. ergy and Natural Resources. ing their legally obligated payments to So today I rise to introduce the Child By Mr. WARNER (for himself, Mr. their children. Custody Reform Act of 1995. We have CHAFEE, Mr. REID, Mr. BOND, Mr. And so today I want to discuss briefly worked diligently on this with various GRAHAM, and Mr. MCCONNELL): where we are with reference to that entities in our country and with the S. 640. A bill to provide for the conserva- and what we ought to do. American Bar Association because we tion and development of water and related Let me talk now about the bill itself. have one of these typical situations in resources, to authorize the Secretary of the Over the past few months, we in Con- the law that is spoken of when you go Army to construct various projects for im- gress have spoken a great deal about to law school as conflicts of interest, or provements to rivers and harbors of the the need to get our Nation’s fiscal United States, and for other purposes; to the conflict law. So this bill is going to put Committee on Environment and Public house in order. Although we may dis- a cap on some of these inconsistencies Works. agree on exactly how we should get and to further help resolve a troubling By Mrs. KASSEBAUM (for herself, Mr. there, the debate on this matter has situation that continues to this day. KENNEDY, Mr. HATCH, Mr. JEFFORDS, demonstrated at least one matter on The Child Custody Reform Act that I Mr. FRIST, Mr. PELL, Mr. DODD, Mr. which we all agree. This central point am introducing amends the PKPA in COATS, and Mr. SIMON): of agreement is about the future, and two ways: First, this act would clarify S. 641. A bill to reauthorize the Ryan White what responsibilities and burdens we the language of the PKPA so that fu- CARE Act of 1990, and for other purposes; to will be handing to generations yet to ture jurisdictional disputes are elimi- the Committee on Labor and Human Re- come. Concern for the future of our nated altogether. And second, this act sources. children and grandchildren must be the would establish a national child cus- By Mr. DODD (for himself and Mr. defining issue. I believe this our fore- tody registry so that the courts and of- ROCKEFELLER): most responsibility, and I know there ficers of the court would have quick S. 642. A bill to provide for demonstration are many women and men in this body and accurate access to information re- projects in six States to establish or improve who share this commitment. garding the status of any child in the a system of assured minimum child support The need to provide for the future of payments, and for other purposes; to the Nation for whom a custody decree has Committee on Finance. our children and, indeed, the Nation, been issued. By Mr. JEFFORDS (for himself and however, does not hinge solely on fiscal It would not pry into anyone’s life. It Mrs. MURRAY): policy. The responsibilities we hold for would just take a matter of court S. 643. A bill to assist in implementing the the children of America span all as- record and produce that in a manner Plan of Action adopted by the World Summit pects of life and incorporate many ele- that would be available interstate, so for Children; to the Committee on Foreign ments of the law. Children hold a spe- that in a legal battle in State X with Relations. cial status under the law. We recognize two children involved, the court can

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4718 CONGRESSIONAL RECORD — SENATE March 28, 1995 immediately find out whether those sure there will be others—we have de- FORDS, BINGAMAN, BIDEN, and two children are already involved in a cided that we should encourage the es- WELLSTONE have joined me in support legal situation in another State. tablishment of a national registry in of this bill, and I look forward to fur- So, what we are going to do in this conjunction with the already existing ther consideration by the entire Con- law is as follows. Federal parent locater service where gress. Current PKPA provisions still allow information on these children or their Mr. President, I ask unanimous con- a second State to issue a separate and legal status could be entered. Thus, it sent that the text of the bill be printed oftentimes conflicting child custody would be available between States, and in the RECORD. ruling. This flaw allows a second State States would not get hoodwinked There being no objection, the bill was to modify a custody ruling made by a where a parent could take the children first State by determining on its own ordered to be printed in the RECORD, as to another State, leave one parent be- follows: that the first State no longer had juris- hind, and want to start anew, ignoring diction under its own law. what has already happened. S. 632 That is kind of legal jargon, but es- Obviously, the second court would sentially if there is a valid decree af- Be it enacted by the Senate and House of Rep- know that those children were the sub- resentatives of the United States of America in fecting children in State A and one of ject of a custody decree in another Congress assembled, the parents moves to State B, State B State, and unless the original State de- SECTION 1. SHORT TITLE. has found a way to avoid State A’s de- clines to exercise jurisdiction, that cree which was made and is valid by This Act may be cited as the ‘‘Child Cus- would be returned to the original State tody Reform Act of 1995’’. finding that the first court did not that entered the decree, thus, not per- have jurisdiction, and so they would mitting parents to use their children as SEC. 2. FINDINGS. take it all over in the second court. pawns and decide they will move to an- The Congress finds that— We have worked long and hard with other State to change custody or (1) parents who do not find a child custody experts in the bar association on the change the obligation to pay child sup- ruling to their liking in one State will often start a custody proceeding in another State law of conflicts and the law of custody. port. This flaw allows the second State to in the hope of obtaining a more favorable So when a proceeding is commenced ruling; modify the ruling where only one of anywhere in the country, an officer of the parents or one of the contending (2) although Federal and State child cus- the court could immediately check parties is present. tody jurisdictional laws were established to with the registry of each State, which prevent this situation, gaps still exist that So under these proposed changes, the allow for confusion and differing interpreta- court of the second State would not be would be available to them, to see if a standing custody order currently exists tions by various State courts, and which lead allowed to issue a ruling modifying the to separate and inconsistent custody rulings initial custody decree as long as one of or if a custody proceeding is currently pending in another court. between States; the contestants still remained in the (3) in the event that a different ruling is In the event that another ruling on State that issued the original ruling. handed down in the second State’s court, the This will say, as a matter of law na- the same child or children exists, the problem then arises of which court has juris- tionally, the second State attempting second court, in compliance with the diction, and which ruling should be granted to change the ruling in a State that al- PKPA, would immediately know not to full faith and credit under the Parental Kid- ready ruled, that that court has no ju- proceed any further. If the adult guard- napping Prevention Act of 1980; ian or parent still wished to move for a (4) changes in the Parental Kidnapping risdiction as a matter of law in Amer- Prevention Act of 1980 must be made that ica, and the case must be returned to modification of the decree, they would have to petition the State in which the will provide a remedy for cases where con- the first State. That means that a con- flicting State rulings exist— testant will enter a motion in court original custody decree was issued. (A) to prevent different rulings from occur- setting this statute up as a defense and Thus, we can see that the registry ring in the first instance by clarifying provi- the judge will have clearly before him would help immensely in eliminating sions with regard to continuing State juris- or her a national statute that says jurisdictional fights that occur these diction to modify a child custody order; and they must defer this back to the State days that are not in the interest of the (B) to assist the courts in this task by es- of original jurisdiction. children of the adult contestants. tablishing a centralized, nationwide child If the original issuing State declines SENSE-OF-THE-SENATE RESOLUTION FOR custody database; and SUPERVISED VISITATION CENTERS (5) in the absence of such changes, parents to exercise continuing jurisdiction, the will continue to engage in the destructive second State would then be free to In addition to the changes in the PKPA, this bill would express the sense practice of moving children across State bor- modify the ruling as it sees fit. This, I ders to escape a previous custody ruling or believe and many in the legal profes- of the Senate that local governments arrangement, and will continue to use their sion believe, will go a long way to stop should take full advantage of the funds helpless children as pawns in their efforts at jurisdictional disputes between States allocated in last year’s crime bill, personal retribution. and their courts over contesting par- under the provisions for local crime SEC. 3. MODIFICATION OF REQUIREMENTS FOR ties where there is a child or children prevention block grants, to establish COURT JURISDICTION. in the middle of this battle from ever supervised visitation centers for chil- Section 1738A of title 28, United States occurring. dren involved in custody disputes. Code, is amended— We are, obviously, open to better lan- These centers would be used for the (1) by amending subsection (d) to read as guage. We are, obviously, open to the visitation of children when one or both follows: Judiciary Committee of the U.S. Sen- of the parents are believed to put the ‘‘(d)(1) Subject to paragraph (2), the juris- ate with its good legal counsel and children at risk of physical, emotional, diction of a court of a State that has made Members of the Senate who have or sexual abuse. a child custody determination in accordance with this section continues as long as such CONCLUSION worked on this issue long and hard, to State remains the residence of the child or of see if they can do better by language I believe this bill is a valuable and any contestant. needed step to ensure that the children than we have, but we think this will go ‘‘(2) Continuing jurisdiction under para- a long way. of America are looked after in a re- graph (1) shall be subject to any applicable Currently, States are required to sponsible and caring manner. It is un- provision of law of the State that issued the keep a listing of existing child custody fortunate that we need to pass laws of initial custody determination in accordance decrees. I repeat, that is not new. What this nature. One would think that good with this section, when such State law estab- exists right now is that States are re- sense and responsible adult behavior lishes limitations on continuing jurisdiction quired to keep a listing. No way of ex- would resolve this problem on its own. when a child is absent from such State.’’; changing this between States is cur- This presently is not the case, however. (2) in subsection (f)— As a result, the law must step in and (A) by redesignating paragraphs (1) and (2) rently in the law of the land or being as paragraphs (2) and (1), respectively; and accomplished by any kind of standard- serve the public interest, and the best (B) in paragraph (1), as so redesignated, by ization. interests of children enduring these inserting ‘‘pursuant to subsection (d),’’ after So what we decided to do in this hardships. I am greatly encouraged ‘‘the court of the other State no longer has bill—myself and cosponsors and I am that my colleagues, Senators JEF- jurisdiction,’’; and

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4719 (3) in subsection (g), by inserting ‘‘or con- children’s needs and act in their best Take for example a case in which a tinuing jurisdiction’’ after ‘‘exercising juris- interests, in some cases, custody bat- married couple obtained a divorce in diction’’. tles become prolonged wars. When this Michigan in 1988. Custody of their child SEC. 4. ESTABLISHMENT OF NATIONAL CHILD occurs, children can suffer severe emo- was awarded to the mother, with visi- CUSTODY REGISTRY. Section 453 of the Social Security Act (42 tional damage. tation rights to the father. The decree U.S.C. 653) is amended by adding at the end More seriously, when conflict esca- specifically set-out that Michigan the following new subsection: lates, it can place children at risk would maintain jurisdiction over the ‘‘(g)(1) Subject to the availability of appro- physically through parental kidnap- parents and the child. priations, the Secretary of Health and ping; in 1988 alone, an estimated 354,000 But 6 months later, the mother, who Human Services, in cooperation with the At- children were abducted by parents or had moved with the child to Illinois, torney General, shall expand the Federal family members nationwide. petitioned an Illinois court to modify Parent Locator Service established under the father’s visitation rights under the this section, to establish a national network In extreme cases, disputes between to allow State courts to identify every pro- parents can even become fatal con- Michigan order. The Illinois trial court ceeding relating to child custody jurisdiction flicts. Consider two recent chilling denied her motion, ruling that it had filed before any court of the United States or events in my State of Delaware: no jurisdiction. of any State. Information identifying cus- In one incident, the father picked up Yet the Illinois Court of Appeals re- tody determinations from other countries his three children in Delaware for a versed and remanded the case, holding will also be accepted for filing in the reg- visit, but then drove them to North in part that Illinois could ‘‘* * * mod- istry. Carolina—where he shot them in the ify a foreign custody judgment even if ‘‘(2) As used in this subsection— head, set the van they were in on fire, the other State has jurisdiction so long ‘‘(A) the term ‘information’ includes— as the Illinois court has jurisdiction ‘‘(i) the court or jurisdiction where a cus- and then killed himself in a nearby tody determination is filed; field. ***’’ ‘‘(ii) the name of the presiding officer of In a second case, a father killed his The Child Custody Reform Act of 1995 the issuing court; two young children as they slept, then that we introduce today makes it clear ‘‘(iii) the names and social security num- turned the gun on himself. that in the case I just described, Illi- bers of the parties; The result of these incidents, which nois could not modify the Michigan ‘‘(iv) the name, date of birth, and social se- occurred in the space of 2 weeks time— court’s grant of visitation rights be- curity numbers of each child; and cause the father continued to reside in ‘‘(v) the status of the case; five children dead, all innocent victims of divorce and custody disputes. Of Michigan—and thus, Michigan main- ‘‘(B) the term ‘custody determination’ has tained continuing jurisdiction to pro- the same meaning given such term in section course, these are extreme cases, but 1738A of title 28, United States Code; they illustrate what can happen when tect his interests. ‘‘(C) the term ‘custody proceeding’— custody disputes escalate. The Child Custody Reform Act of 1995 ‘‘(i) means a proceeding in which a custody That is why over the years, we have will help prevent conflicting custody determination is one of several issues, such worked to ensure that the justice sys- orders and jurisdictional deadlock. I as a proceeding for divorce or separation, as tem works as smoothly and effectively would like to commend Senator well as neglect, abuse, dependency, wardship, as possible at handling custody mat- DOMENICI for his leadership on this guardianship, termination of parental rights, ters, and in particular at making sure issue. adoption, protection from domestic violence, The act clarifies that a sister State that interstate conflicts in custody or- and Hague Child Abduction Convention pro- may not enter a new custody order nor ders are resolved quickly and appro- ceedings; and may it modify an existing custody ‘‘(ii) does not include a judgment, decree, priately. order, as long as the original court or other order of a court regarding paternity Between 1969 and 1983, all 50 States acted pursuant to the Parental Kidnap- or relating to child support or any other adopted the Uniform Child Custody Ju- monetary obligation of any person, or a deci- ping Prevention Act. risdiction Act, reducing the incentive It also clarifies that continuing juris- sion made in a juvenile delinquency, status for parents to abduct their children to offender, or emancipation proceeding. diction exists as long as the child or ‘‘(3) The Secretary of Health and Human another State in an attempt to obtain one of the contestants continues to re- Services, in cooperation with Attorney Gen- a favorable custody order. side in the State. eral, shall promulgate regulations to imple- The act spelled out when a State has There are two exceptions to this rule: ment this section. jurisdiction to issue a custody order If the State that issued the initial ‘‘(4) There are authorized to be appro- and when it has to enforce the order of priated such sums as are necessary to carry custody order declines to exercise ju- another State. risdiction to modify such determina- out this subsection.’’. We also addressed a second problem, SEC. 5. SENSE OF SENATE REGARDING SUPER- tion; or VISED VISITATION CENTERS. because States had different views of If the laws of the State that issued It is the sense of the Senate that local gov- when custody orders—which are sub- the initial custody order otherwise ernments should take full advantage of the ject to modification—were adequately limit continuing jurisdiction when a Local Crime Prevention Block Grant Pro- final so as to trigger the full faith and child is absent from such a State. gram established under subtitle B of title III credit requirements of the Constitu- Thus, the act we proposed today does of the Violent Crime Control and Law En- tion. not tread on a State’s ability to formu- forcement Act of 1994, to establish supervised In 1980, Congress enacted the Paren- late child custody policy. Instead, it visitation centers for children who have been tal Kidnapping Prevention Act to im- removed from their parents and placed out- merely provides a Federal obligation to side the home as a result of abuse or neglect pose a Federal duty on the States to give full faith and credit to the custody or other risk of harm to them, and for chil- enforce and not modify the custody or- orders of sister States. dren whose parents are separated or divorced ders of sister States that issued orders The importance of this legislation is and the children are at risk because of phys- consistent with the act. that it sets a clear line to guide State ical or mental abuse or domestic violence. This act gives priority to States with decisions by requiring that a State Mr. BIDEN. Mr. President, there is home State jurisdiction over States cannot modify and must enforce a cus- no greater legacy we leave on this that have what is called significant tody order issued by a sister State that Earth than our children. Keeping our connections jurisdiction. retains jurisdiction under the Parental children safe and helping them grow It also provides that the State that Kidnapping Prevention Act. into productive adults is our greatest issued the first custody order has con- A second problem the legislation that challenge and responsibility—as indi- tinuing jurisdiction as long as the child we are introducing addresses is that viduals and as a society. or any contestant resides in that State. judges do not now have a reliable, effi- For the most part, parents assume Unfortunately, over the years, cracks cient way to know that a judge in an- this responsibility willingly. But with have surfaced in the application of this other State may have already issued a more than 50 percent of marriages end- law, and contrary to congressional in- custody order relating to a particular ing in divorce, some of our children tent, many State courts have contin- child. face special risks. ued to modify the custody orders of In our age of advanced computer ca- Notwithstanding the fact that many States that retain continuing jurisdic- pabilities, we have the technology at divorced parents are sensitive to their tion. our fingertips. So, let’s put cyberspace

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4720 CONGRESSIONAL RECORD — SENATE March 28, 1995 to good use for our children. And we mutual funds, identified during a con- comfortable about taking advice from don’t need to reinvent the wheel here— tinuing investigation conducted by my them about where to put their money. we can build on what we know works. staff on the U.S. Senate Special Com- In addition, when some customers see The Federal Parent Locator Service, mittee on Aging. the FDIC emblem—something analo- which has operated effectively and effi- After hearing the stories of numerous gous to the Good Housekeeping seal of ciently under the Social Security Ad- older Americans who claim they did approval for many—they may believe ministration for the last decade, al- not know what they were buying when that the FDIC coverage applies to all ready works to enforce State child sup- they purchased an uninsured product products offered in the institution. As port obligations. This legislation will through their bank and then lost much customers who have seen their prin- expand this service to establish a child of their life savings, I am convinced cipals drop have realized, this is not custody registry. that more stringent protections are the case. We must give judges in different needed to ensure that financially inex- While all bank customers need to ex- States the ability to communicate perienced bank customers fully under- ercise caution, older customers need to about custody cases, and computers are stand what they are buying when they be particularly vigilant when it comes the tools to do that. State courts al- invest in uninsured products. to uninsured investments such as mu- ready are automated. Mr. President, this legislation is in- tual funds, principally because the sav- With modest additional effort, we can tended to help those who really need ings of the elderly do not represent a link this information and put it to its protections, such as the 72-year-old renewable resource and the loss of such work for our children to prevent inter- widow in Florida who had always put savings cannot be written off as lessons state custody battles. her savings into FDIC-insured certifi- learned for the future. Finally, this legislation encourages cates of deposit until she was con- Mr. President, to explore the impact local governments to take advantage of tacted by telephone by an employee of on older Americans further, in Sep- visitation centers funded under the 1994 her bank offering a product with a tember 1994 I chaired a U.S. Senate crime law. We can never be 100 percent higher rate of return. This woman then Special Committee on Aging hearing certain when, how, and even if children went into her bank, listened to the ad- entitled ‘‘Uninsured Bank Products: will return safely from visits with non- vice of a man whom she thought was a Risky Business for Seniors?’’ At this custodial parents. banker, and then transferred all her hearing, we had older bank customers, But visitation centers can provide a savings into an uninsured government former bank-based brokers, and indus- safe haven where parents can transfer bond fund. Even though she did not ex- try experts come and discuss how some their children for visitation, or leave actly understand the risks associated banks’ brokerage businesses are selling their children for court-ordered, super- with the product, she trusted the bank inappropriate products to older cus- vised visits. to do her right. tomers. Such centers, which Senator Two years later, the value of the fund It is clear that something must be WELLSTONE advocated successfully last declined and she lost about a quarter of done about these questionable prac- year, should be established in commu- her life savings, savings that she had tices. While I would prefer to avoid leg- nities in existing facilities, such as intended to use in the years ahead to islation, it appears that there may be schools, neighborhood centers, in pub- avoid being a burden to her children. It no other option. Although some banks lic housing complexes, and other con- is this sort of tragedy, Mr. President, recently have taken steps to clean up venient locations. that this legislation is intended to pre- their practices, many are continuing So, by clarifying and strengthening vent. business as usual. In addition, the the Parental Kidnapping Prevention Mr. President, under our present banking regulators’ joint guidelines Act, by putting critical child custody banking system financially inexperi- and the industry’s voluntary guide- information at the fingertips of judges, enced customers have reason to be con- lines, while well-intended, do not ap- and by providing State and local gov- cerned about the safety of their depos- pear to have been totally effective in ernments with the funding to open visi- its. During our investigation, my Sen- addressing marketing abuses. tation centers, Mr. President, we can ate Aging Committee staff found that Mr. President, let me address one go a long way toward protecting our some banks were, for example, rou- part of these guidelines, the provision children from being caught in the mid- tinely: that banks have their customers sign dle of painful, sometimes violent cus- Sharing detailed customer financial ‘‘disclosure’’ documents before they tody battles. information with people selling securi- make a purchase. One concern I have is Mr. WELLSTONE addressed the ties, without customers’ explicit that the format of these disclosure Chair. knowledge; forms vary from bank to bank. Some The PRESIDING OFFICER. The Sen- Avoiding full and clear disclosure banks or their investment subsidiaries ator from Minnesota. about the risks associated with unin- do a fine job putting in plain English Mr. WELLSTONE. Mr. President, sured products; required disclosure information, such first, let me thank my colleague, some- Discouraging bank customers from as the fact that uninsured investment one whom I consider to be a good friend investing in certificates of deposit products are not backed by the Federal and someone I admire as a legislator [CD’s], savings accounts, and other Deposit Insurance Corporation. Other and a Senator. I am very proud to be an similar FDIC-insured investments; banks, however, present the informa- original cosponsor of this legislation. Establishing commission structures tion in such a way that you would have that provide incentives for securities to be an attorney or an experienced in- By Mr. PRYOR: salespeople to offer the bank’s in-house vestor and have great eyesight in order S. 633. A bill to amend the Federal investment products, regardless of the to understand what they mean. Deposit Insurance Act to provide cer- products’ suitability for a particular Then there is the even more problem- tain consumer protections if a deposi- customer; and atic issue of oral disclosure—what tory institution engages in the sale of Operating in a manner that leads bank customers are told. More than a nondeposit investment products, and some customers to not fully under- few financially inexperienced bank cus- for other purposes; to the Committee stand the relationship between the se- tomers have told me that when they on Banking, Housing, and Urban Af- curities salesperson and the depository looked over the disclosure forms they fairs. institution. did not understand what they meant. THE BANK CUSTOMER CONFIDENTIALITY AND I and a number of my colleagues con- These customers typically would then PROTECTION ACT OF 1995 sider these to be questionable mar- ask the investment salespeople to in- Mr. PRYOR. Mr. President, I rise to keting practices and find them espe- terpret the forms for them. In these introduce the Bank Customer Con- cially troubling because of the special cases, the salespeople told their cus- fidentiality and Protection Act of 1995. place banks have in our communities. tomers that the documents were just a This legislation has been crafted to ad- Mr. President, many older bank cus- formality to open the account or that dress problems in the area of bank tomers hold their bank and the people the forms simply restated what the sales of uninsured products, such as who work there in high regard and feel salespeople had told the customers.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4721 The problem is that in some cases the SEC. 2. CUSTOMER PROTECTIONS REGARDING ‘‘(i) that nondeposit investment products salespeople had made misleading or NONDEPOSIT INVESTMENT PROD- offered, recommended, sponsored, or sold by UCTS. false statements about the nature of the institution— the uninsured products when they de- (a) AMENDMENT TO THE FEDERAL DEPOSIT ‘‘(I) are not deposits; scribed them, such as that they were INSURANCE ACT.—Section 18 of the Federal ‘‘(II) are not insured under this Act; ‘‘as safe as the money in your pocket Deposit Insurance Act (12 U.S.C. 1828) is ‘‘(III) are not guaranteed by the insured de- pository institution; and and will only lose money if the Federal amended by adding at the end the following new subsection: ‘‘(IV) carry risk of a loss of principal; Government goes bankrupt’’ or ‘‘(ii) the nature of the relationship between ‘‘(q) SAFEGUARDS FOR SALE OF NONDEPOSIT ‘‘backed by something better than the the insured depository institution and the FDIC.’’ INVESTMENT PRODUCTS.— broker or dealer; ‘‘(1) DEFINITIONS.—For purposes of this sub- Mr. President, the legislation I am ‘‘(iii) any fees that the customer will or section— introducing, which has been crafted may incur in connection with the nondeposit ‘‘(A) the terms ‘broker’, ‘dealer’, and ‘reg- after numerous meetings with industry investment product; and consumer groups, would provide istered broker or dealer’ have the same meanings as in section 3 of the Securities ‘‘(iv) whether the broker or dealer would needed consumer protections for finan- Act of 1934; receive any higher or special compensation cially inexperienced customers. ‘‘(B) the term ‘customer’— for the sale of certain types of nondeposit in- The legislation would provide protec- ‘‘(i) means any person who maintains or es- vestment products; and tions by: tablishes a deposit, trust, or credit relation- ‘‘(v) any other information that the Fed- Requiring full and clear disclosure ship with an insured depository institution; eral banking agencies jointly determine to about the risks associated with unin- ‘‘(ii) includes any person who renews an ac- be appropriate. sured products; count in an insured depository institution ‘‘(B) CUSTOMER ACKNOWLEDGMENT OF DIS- Limiting the compensation that in- and any person who rolls over a deposit in CLOSURE.— stitution employees receive for making any such account; and ‘‘(i) IN GENERAL.—Concurrently with the referrals to securities salespeople; ‘‘(iii) any person who contacts an insured opening of an investment account by a cus- Establishing guidelines for uninsured depository institution, in person or other- tomer or with the initial purchase of a non- wise, for the purpose of inquiring about or deposit investment product by a customer, products’ promotional materials; purchasing a nondeposit investment product; Requiring common-sense physical an insured depository institution or other ‘‘(C) the term ‘Federal securities law’ has person required to make disclosures to the separation of deposit and nondeposit the meaning given to the term ‘securities customer under subparagraph (A) shall ob- sales products; laws’ in section 3(a)(47) of the Securities Ex- tain from each such customer a written ac- Prohibiting the sharing of bank cus- change Act of 1934; knowledgment of receipt of such disclosures, tomers’ personal financial information ‘‘(D) the term ‘nondeposit investment including the date of receipt and the name, without customers’ explicit consent; product’— address, account number, and signature of ‘‘(i) includes any investment product that and the customer. is not a deposit; and Improving the coordination of en- ‘‘(ii) RECORDS OF CUSTOMER ACKNOWLEDGE- ‘‘(ii) does not include— forcement-related activities between MENT.—An insured depository institution ‘‘(I) any loan or other extension of credit the Federal banking agencies and the by an insured depository institution; shall maintain appropriate records of the Securities and Exchange Commission. ‘‘(II) any letter of credit; or written acknowledgement required by this These protections will be especially ‘‘(III) any other instrument or investment subparagraph for an appropriate period, as important if the remaining legal bar- product specifically excluded from the defi- determined by the Corporation. Such record riers that currently restrict banks’ in- nition of such term by regulations prescribed shall include the date on which the acknowl- volvement in the securities and insur- jointly by the Federal banking agencies after edgment was obtained and the customer’s ance industries are broken down, as consultation with the Securities and Ex- name and address. called for by Treasury Secretary Rob- change Commission; ‘‘(iii) DURATION OF ACKNOWLEDGEMENT.— ert E. Rubin and several congressional ‘‘(E) the term ‘nonpublic customer infor- Written acknowledgement shall not be con- mation’— proposals. These changes to our bank- sidered valid for purposes of this subpara- ‘‘(i) means information regarding any per- graph for a period of more than 5 years, be- ing system that Secretary Rubin and son which has been derived from any record ginning on the date on which it was ob- others are advocating are not nec- of any insured depository institution and tained. essarily bad ones, and I will consider pertains to the person’s relationship with ‘‘(C) PROHIBITION ON INCONSISTENT ORAL them with an open mind if they come the institution, including the provision or REPRESENTATIONS.—No employee of an in- to the floor of the Senate. However, servicing of a credit card; and sured depository institution shall make any without the consumer protections ‘‘(ii) does not include information about a oral representation to a customer of an in- person that could be obtained from a credit called for by my legislation, dropping sured depository institution that is con- reporting agency that is subject to the re- tradictory or otherwise inconsistent with the remaining restrictions likely would strictions of the Fair Credit Reporting Act the information required to be disclosed to create even more confusion among cus- by a third party that is not entering into a tomers over which products at a bank credit relationship with the person, but that the customer under this paragraph. are federally insured and which are otherwise has a legitimate business need for ‘‘(D) MODEL FORMS AND REGULATIONS.—The not. that information in connection with a busi- Federal banking agencies, after consultation In the meantime, as we consider the ness transaction involving the person; and with the Securities and Exchange Commis- legislation I am introducing today, we ‘‘(F) the term ‘self-regulatory organiza- sion, shall jointly issue appropriate regula- need to continue reminding all bank tion’ has the same meaning as in section tions incorporating the requirements of this paragraph. Such regulations shall include a customers that not everything they 3(a)(26) of the Securities Exchange Act of 1934. requirement for a model disclosure form put money in at the bank is backed by ‘‘(2) MISREPRESENTATION OF GUARANTEES.— solely for such purpose to be used by all in- the FDIC or the bank—regardless of It shall be unlawful for any insured deposi- sured depository institutions incorporating what somebody might lead them to be- tory institution sponsoring, selling, or solic- the disclosures required by this paragraph. lieve. iting the purchase of any nondeposit invest- ‘‘(4) REFERRAL COMPENSATION.—A one-time Mr. President, I ask unanimous con- ment product to represent or imply in any nominal referral fee may be paid by an in- sent that the text of the bill appear in manner whatsoever that such nondeposit in- sured depository institution to any employee the RECORD. vestment product— of that institution who refers a customer of There being no objection, the bill was ‘‘(A) is guaranteed or approved by the that institution either to a broker or dealer United States or any agency or officer there- ordered to be printed in the RECORD, as or to another employee of that insured de- of; or pository institution for services related to follows: ‘‘(B) is insured under this Act. the sale of a nondeposit investment product, S. 633 ‘‘(3) CUSTOMER DISCLOSURE.— if the fee is not based upon whether or not Be it enacted by the Senate and House of Rep- ‘‘(A) IN GENERAL.—An insured depository resentatives of the United States of America in institution shall, concurrently with the the customer referred makes a purchase Congress assembled, opening of an investment account by a cus- from the broker, dealer, or other employee. SECTION 1. SHORT TITLE. tomer or with the initial purchase of a non- ‘‘(5) PROHIBITION OF JOINT MARKETING AC- This Act may be cited as the ‘‘Bank Cus- deposit investment product by a customer, TIVITIES.—No nondeposit investment product tomer Confidentiality and Protection Act of prominently disclose, in writing, to that cus- may be offered, recommended, or sold by a 1995’’. tomer—

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4722 CONGRESSIONAL RECORD — SENATE March 28, 1995 person unaffiliated with an insured deposi- purpose of soliciting the purchase or sale of the Treasury pursuant to any such law, to tory institution on the premises of that in- nondeposit investment products. any person. stitution as part of joint marketing activi- ‘‘(B) EXCEPTION BASED ON DISCLOSURE.—An ‘‘(12) ENFORCEMENT.—The provisions of this ties, unless the person marketing such non- insured depository institution may use or subsection shall be enforced in accordance deposit investment product— disclose nonpublic customer information for with section 8.’’. ‘‘(A) prominently discloses to its cus- the purpose of soliciting the purchase or sale (b) REGULATIONS.—Not later than 1 year tomers, in writing, in addition to the disclo- of nondeposit investment products if, before after the date of enactment of this Act, after sures required in paragraph (3), that such such use or disclosure— consultation with the Securities and Ex- person is not an insured depository institu- ‘‘(i) the customer gives explicit written change Commission, the appropriate Federal tion and is separate and distinct from the in- consent to such use or disclosure; and banking agencies (as defined in section 3 of sured depository institution with which it ‘‘(ii) such written consent is given after the Federal Deposit Insurance Act) shall shares marketing activities; and the institution has provided the customer jointly promulgate appropriate regulations ‘‘(B) otherwise complies with the require- with written disclosure that— to implement section 18(q) of the Federal De- ments of this subsection. ‘‘(I) the information may be used to target posit Insurance Act, as added by subsection ‘‘(6) LIMITATIONS ON ADVERTISING.— the customer for marketing or advertising (a) of this section. ‘‘(A) MISLEADING ADVERTISING.—No insured for nondeposit investment products; SEC. 3. REGULATION BY THE SECURITIES AND depository institution may employ any ad- ‘‘(II) such nondeposit investment products EXCHANGE COMMISSION. vertisement that would mislead or otherwise are not guaranteed or approved by the (a) SEC RULEMAKING.—Not later than 1 cause a reasonable person to believe mistak- United States or any agency thereof; and year after the date of enactment of this Act, enly that an insured depository institution ‘‘(III) such nondeposit investment products the Securities and Exchange Commission or the Federal Government is responsible for are not insured under this Act. shall, after consultation with the Federal the activities of an affiliate of the institu- ‘‘(C) RECORDS OF CUSTOMER CONSENT.—An banking agencies (as defined in section 3 of tion, stands behind the affiliate’s credit, insured depository institution shall main- the Federal Deposit Insurance Act), promul- guarantees any returns on nondeposit invest- tain appropriate records of the written con- gate regulations that— ment products, or is a source of payment of sent required by subparagraph (B) for an ap- (1) would afford customers of brokers and any obligation of or sold by the affiliate. propriate period, as determined by the Cor- dealers that affect transactions on behalf of ‘‘(B) NAMES, LETTERHEADS, AND LOGOS.—In poration. Such record shall include the date insured depository institutions and cus- offering, recommending, sponsoring, or sell- on which the consent was signed and the cus- tomers of affiliates of insured depository in- ing nondeposit investment products, an in- tomer’s name and address. stitutions protections that are substantially sured depository institution shall use names, ‘‘(D) DURATION OF CONSENT.—Written con- similar to section 18(q) of the Federal De- letterheads, and logos that are sufficiently sent shall not be considered valid for pur- posit Insurance Act (as added by section 2 of different from the names, letterheads, and poses of this paragraph for a period of more this Act) and the regulations promulgated logos of the institution so as to avoid the than 5 years, beginning on the date on which thereunder; and possibility of confusion. it was obtained. (2) are consistent with the purposes of that ‘‘(C) SEPARATION OF LITERATURE.—All sales ‘‘(E) ADDITIONAL RESTRICTIONS.—The Cor- section 18(q) and the protection of investors. literature related to the marketing of non- poration may, by regulation or order, pre- (b) ENFORCEMENT.—The Commission shall deposit investment products by an insured scribe additional restrictions and require- have the same authority to enforce rules or depository institution shall be kept separate ments limiting the disclosure of nonpublic regulations promulgated under subsection and apart from, and not be commingled with, customer information, including information (a) as it has to enforce the provisions of the the banking literature of that institution. to be used in an evaluation of the credit wor- Securities Exchange Act of 1934. ‘‘(7) LIMITATIONS ON SOLICITATION.—The thiness of an issuer or other customer of that SEC. 4. ENFORCEMENT COORDINATION. place of solicitation or sale of nondeposit in- insured depository institution and such addi- The Federal banking agencies and the Se- vestment products by an insured depository tional restrictions as may be necessary or curities and Exchange Commission shall institution shall be— appropriate to avoid any significant risk to work together to develop comparable meth- ‘‘(A) physically separated from the bank- insured depository institutions, protect cus- ods of securities enforcement and a process ing activities of the institution; and tomers, and avoid conflicts of interest or for the interagency exchange of enforce- ‘‘(B) readily distinguishable by the public other abuses. ment-related information. as separate and distinct from that of the in- ‘‘(11) SCOPE OF APPLICATION.— stitution. ‘‘(A) APPLICATION LIMITED TO RETAIL AC- By Mr. D’AMATO: ‘‘(8) SALES STAFF REQUIREMENT.—Solicita- TIVITIES.—The Federal banking agencies, S. 634. A bill to amend title XIX of tion for the purchase or sale of nondeposit after consultation with the Securities and the Social Security Act to provide a fi- investment products by any insured deposi- Exchange Commission, may waive the re- nancial incentive for States to reduce tory institution may only be conducted by a quirements of any provision of this sub- expenditures under the Medicaid Pro- person— section, other than paragraph (10), with re- gram, and for other purposes; to the ‘‘(A) who— spect to any transaction otherwise subject to Committee on Finance. ‘‘(i) is a registered broker or dealer or a such provision between— person affiliated with a registered broker or ‘‘(i) any insured depository institution or THE STATE MEDICAID SAVINGS INCENTIVE ACT dealer; or any other person who is subject, directly or OF 1995 ‘‘(ii) has passed a qualification examina- indirectly, to the requirements of this sec- ∑ Mr. D’AMATO. Mr. President, I in- tion that the appropriate Federal banking tion; and troduce the State Medicaid Savings In- agency, in consultation with the Securities ‘‘(ii) any other insured depository institu- centive Act of 1995. This bill will re- and Exchange Commission, determines to be tion, any registered broker or dealer, any ward States that act decisively to con- comparable to those used by a national secu- person who is, or meets the requirements for, tain Medicaid spending by allowing rity exchange registered under section 6 of an accredited investor, as such term is de- the Securities Exchange Act of 1934, or a na- fined in section 2(15)(i) of the Securities Act such States to keep 20 percent of the tional securities association registered under of 1933, or any other customer who the Fed- resulting savings to the Federal Gov- section 15A of that Act, for persons required eral banking agencies, after consultation ernment. to be registered with the exchange or asso- with the Securities and Exchange Commis- This legislation is based on an idea ciation; and sion, jointly determine, on the basis of the put forward by New York’s Governor, ‘‘(B) whose responsibilities are restricted financial sophistication of the customer, George Pataki, when he testified re- to such nondeposit investment products. does not need the protection afforded by the cently before the House Ways and ‘‘(9) NO FAVORING OF CAPTIVE AGENTS.—No requirements to be waived. Means Committee. New York is one of insured depository institution may directly ‘‘(B) NO EFFECT ON OTHER AUTHORITY.—No several States moving to trim the cost or indirectly require, as a condition of pro- provision of this subsection shall be con- viding any product or service to any cus- strued as limiting or otherwise affecting— of their Medicaid programs through tomer, or any renewal of any contract for ‘‘(i) any authority of the Securities and greater use of managed care. As a re- providing such product or service, that the Exchange Commission, any self-regulatory sult of New York’s efforts, the Federal customer acquire, finance, negotiate, refi- organization, the Municipal Securities Rule- Government stands to save nearly $2 nance, or renegotiate any nondeposit invest- making Board, or the Secretary of the Treas- billion. Governor Pataki is right in ment product through a named broker or ury under any Federal securities law; suggesting that if States like New dealer. ‘‘(ii) any authority of any State securities York can save the Federal Government ‘‘(10) RESTRICTIONS ON USE OF NONPUBLIC regulatory agency; or money through cost-saving initiatives CUSTOMER INFORMATION.— ‘‘(iii) the applicability of any Federal secu- ‘‘(A) IN GENERAL.—Except as provided in rities law, or any rule or regulation pre- such as Medicaid managed care, then subparagraph (B), no insured depository in- scribed by the Commission, any self-regu- the States should be allowed to share stitution may use or disclose to any person latory organization, the Municipal Securi- in that savings as a reward. This cre- any nonpublic customer information for the ties Rulemaking Board, or the Secretary of ates a strong incentive for States to

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4723 put in place programs that can both tion to do what must be done to bring in the highest grade in which served, improve the care of Medicaid bene- Medicaid costs under control. and for other purposes; to the Com- ficiaries and lower the bill for Amer- I am pleased that this bill has the mittee on Armed Services. ican taxpayers. support of the majority leader; I be- MILITARY RETIREMENT LEGISLATION Federal Medicaid spending will cost lieve it deserves the strong support of Mrs. HUTCHISON. Mr. President, the American taxpayers an estimated $90 each of my colleagues, and should be bill that we are introducing today will billion in 1995. Over the past 5 years it enacted without delay to encourage streamline the process for retirement has grown at a rate of over 18 percent our Nation’s Governors to carry out of military officers who hold 3- or 4- a year. And since 1984 it has grown the important and difficult work of re- star rank. from 18 percent of all Federal health forming Medicaid. Under present law, the highest per- spending to over 28 percent in 1993. Mr. President, I ask unanimous con- manent rank that an officer may hold The Congressional Budget Office’s sent that the text of the bill be printed is that of two stars. All active duty ap- current estimates are that the cost of in the RECORD. pointments to 3- and 4-star rank are Medicaid will nearly double by the There being no objection, the bill was temporary appointments made by the year 2000. That should serve as a wake ordered to be printed in the RECORD, as President of the United States and up call to all of us. follows: must be approved by the Senate. The President must also nominate With Medicaid representing the larg- S. 634 est portion of many State budgets, our every 3- and 4-star office for retirement Be it enacted by the Senate and House of Rep- in his highest grade, and the Senate Nation’s Governors are increasingly be- resentatives of the United States of America in ginning to employ strategies such as Congress assembled, must approve of that promotion again, or, under the law, the officer retires increased use of managed care in an ef- SECTION 1. SHORT TITLE. fort to keep rising Medicaid costs in with two-star rank. This Act may be cited as the ‘‘State Med- Mr. President, I am well aware of the check. Forty-four States already use icaid Savings Incentive Act of 1995’’. historical precedents for the current managed care plans to serve some por- SEC. 2. MEDICAID SAVINGS INCENTIVE PAY- tion of their Medicaid population. Ac- MENTS. law, but I feel that it is time that we cording to the Department of Health (a) INCENTIVE PAYMENTS.—Section 1903(a) conformed retirements for officers in and Human Services, about 23 percent of the Social Security Act (42 U.S.C. 1396b(a)) the highest flag and general officer of the nearly 34 million people enrolled is amended— grades to those for general and flag of- in Medicaid now receive their medical (1) in paragraph (7), by striking the period ficers in one and two star grades. care through managed care delivery and inserting ‘‘; plus’’; and The bill we are introducing today systems—up from 14 percent in 1993. (2) by adding at the end the following new will accomplish that. Once officers in These efforts not only hold the po- paragraph: 3- and 4-star grades have served 3 years ‘‘(8) in the case of a State to which sub- in grade, they will be allowed to retire tential to lower costs, they also pro- section (x) applies, the amount of the incen- vide an opportunity to improve the in grade without further action by the tive payment determined under such sub- Senate. This will reduce the adminis- quality of care for many Medicaid section.’’. trative work load of the Senate Armed beneficiaries. This is a point on which (b) INCENTIVE PAYMENT.—Secton 1903 of the there is bipartisan agreement. It is a Social Security Act (42 U.S.C. 1396b) is Services Committee and the Depart- view shared by HCFA Administrator amended by adding at the end the following ment of Defense. Bruce Vladeck, who has said that man- new subsection: Our proposed bill will not, however, aged care programs can, in his view, ‘‘(x)(1) For purposes of subsection (a)(8), if curtail Senate prerogative over the meet the needs of Medicaid recipients a State achieves a rate of growth for a fiscal confirmation of senior military officers year which is less than the State baseline for active duty assignments. The Presi- especially well, particularly because rate of growth for such fiscal year estab- they emphasize preventive and primary dent will still be required to nominate lished under paragraph (3), the Secretary each 3- and 4-star officer for any new care. That means better health care for shall make an incentive payment to the assignments. The Senate will have to Medicaid recipients, and a reduction in State for the fiscal year in the amount deter- review those nominations and approve the inappropriate use of hospital emer- mined under paragraph (2). each and every assignment while on ac- gency rooms as a source of primary ‘‘(2) The amount of any incentive payment tive duty. We simply seek to expedite care services. shall be equal to the amount that is 20 per- the ability of the Department of De- We need to do more to encourage cent of the difference between the amount that the Federal Government would have fense to retire officers in grade who States to make their Medicaid pro- paid to a State in a fiscal year for providing have completed a statutorily imposed grams more efficient. That is what our medical assistance in accordance with this period of honorable service and bring bill would do. title, if State expenditures for providing more equity into the system. In no Our proposal would give States a such assistance had increased by the State other area of life does a person retire strong incentive to restrain their Med- baseline rate of growth established under at a lower level than his or her highest paragraph (3) for such fiscal year, and the icaid spending by allowing them to rank. keep a share of any Federal savings amount that the Federal Government paid to such State in the fiscal year for providing The president of a business does not that are achieved as a result. Under medical assistance in accordance with this retire at vice president unless repro- our bill, the Secretary of HHS would title using the actual State rate of growth moted by the board. The GS–15 doe not establish a spending baseline for each for State expenditures for providing such as- retire as a GS–14—he or she retires at State. States that are successful in sistance. the grade last served, with pay based holding Medicaid below the baseline ‘‘(3) At the beginning of each fiscal year, on the highest 3 years of service. I be- would receive a payment equal to 20 the Secretary shall determine for that fiscal lieve our highest military officers percent of the resulting savings to the year a baseline rate of growth for medicaid should have the same treatment. Federal Government. expenditures for each State with a State plan approved under this title based on— If a person serves honorably in the No State would be penalized for ‘‘(A) the historical rate of growth for such last promotion in business, govern- spending above the baseline, but those expenditures in the State; and ment, or the military—he or she should that spend below the baseline would be ‘‘(B) such other factors as the Secretary have retirement at that level. rewarded. And rewarding States that deems appropriate.’’.∑ Mr. President, I ask unanimous con- save the Federal Government money sent that the text of the bill be printed makes sense. By Mrs. HUTCHISON (for herself, in the RECORD. Containing the growth of Medicaid Mr. NUNN, Mr. THURMOND, and There being no objection, the bill was can only be accomplished with the help Mr. GRAHAM): ordered to be printed in the RECORD, as and cooperation of our Nation’s Gov- S. 635. A bill to amend title 10, follows: ernors. This bill sends the message United States Code, to provide uni- S. 635 that the Federal Government stands formity in the criteria and procedures Be it enacted by the Senate and House of Rep- ready to work in partnership with for retiring general and flag officers of resentatives of the United States of America in those States that have the determina- the Armed Forces of the United States Congress assembled,

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4724 CONGRESSIONAL RECORD — SENATE March 28, 1995 SECTION 1. UNIFORM CRITERIA AND PROCE- This situation applies uniquely to 3- grasslands, the U.S. Forest Service DURES FOR RETIRING GENERAL and 4-star officers. Other flag and gen- AND FLAG OFFICERS IN HIGHEST issues permits to ranchers so that they GRADE IN WHICH SERVED. eral officers, as well as other commis- might graze livestock on those lands. (a) APPLICABILITY OF TIME-IN-GRADE RE- sioned officers, retire in the highest Through these permits, the Forest QUIREMENTS.—Section 1370 of title 10, United grade held, subject to minimum time- Service ensures that ranchers who uti- States Code, is amended— in-grade requirements, without a re- lize these public lands obey basic stew- (1) in subsection (a)(2)(A), by striking out quirement for nomination, Senate con- ‘‘and below lieutenant general or vice admi- ardship requirements and other impor- ral’’; and firmation, and appointment to a re- tant standards. Typically, permits are (2) in the first sentence of subsection tired grade. issued for 10 years and therefore must (d)(2)(B), by striking out ‘‘and below lieuten- Similarly, civilian officials who re- be reviewed and reissued at the end of ant general or vice admiral’’. tire from the civil service are not re- that period. (b) REPEAL OF REQUIREMENTS FOR SENATE quired to face Senate confirmation, no CONFIRMATION.—Sections 1370(c), 3962(a), matter how high their grade. Thus, a In many cases, the ability of ranch- 5034, and 8962(a) of title 10, United States ers to graze on national grasslands Code, are repealed. cabinet or subcabinent official, as well as career civil service officials, who means the difference between success SEC. 2. TECHNICAL AND CLERICAL AMEND- and failure of their operations. Under- MENTS. qualify for civil service retirement will (a) REDESIGNATION OF SUBSECTIONS.—(1) receive their full retired pay—based on standably, they are concerned, there- Subsection (d) of section 1370 of such title is years of service and high-3 years rate fore, about reports that the Forest redesignated as subsection (c). of pay—without action by the Presi- Service is facing shortfalls in funding (2) Sections 3962(b) and 8962(b) of such title dent or the Senate. needed to perform the National Envi- are amended by striking out ‘‘(b) Upon’’ and ronmental Policy Act [NEPA] analysis inserting in lieu thereof ‘‘Upon’’. The effect is that 3- and 4-star offi- (b) CLERICAL AMENDMENTS.—The table of cers are the only Government officials required to reissue grazing permits. sections at the beginning of chapter 505 of who are subject to losing retired pay Through no fault of their own, these such title is amended by striking out the and status as a result of a requirement ranchers may face the loss of their item relating to section 5034. that they be confirmed in a retired grazing privileges simply because the SEC. 3. EFFECTIVE DATE FOR AMENDMENTS TO grade. Neither their civilian superiors Federal bureaucracy is unable to fulfill PROVISION TAKING EFFECT IN 1996. The amendments made by sections 1(a)(2) nor any other Government officials can its statutory responsibilities in a time- and 2(a) shall take effect immediately after have their retired pay and status re- ly fashion. subsection (d) of section 1370 of title 10, duced through the confirmation proc- As the Forest Service looks for funds United States Code, takes effect. ess. to perform the required analysis, the The proposal we are introducing Mr. NUNN. Mr. President, I am resulting uncertainty leaves South Da- today would end the requirement for pleased to join with Senator HUTCHISON kota ranchers, and indeed ranchers retiring 3- and 4-star officers to be in introducing legislation to establish throughout the Nation, in an untenable nominated, confirmed, and appointed equity in military retirement proce- economic situation. Moreover, this un- in a permanent 3- and 4-star grade. The dures. This legislation will provide fortunate predicament is compounded that the retirement of 3- and 4-star of- result would be that 3- and 4-star offi- by the possibility that the Forest Serv- ficers will be considered under the cers would retire under the same condi- ice may divert funding allocated to same standards and procedures as tions as other officers—for example, 2- other important activities, such as the other general and flag officers at the 1- star officers. That is, they will retire in timber program, research or recre- and 2-star level. It will also ensure that the highest grade they held, subject to ation, for the permit renewal process. 3- and 4-star officers facing retirement minimum time in grade requirements. are not subjected to confirmation pro- The proposal would not change the This prospect is akin to robbing Peter cedures that do not apply to their civil- current requirement for nomination to pay Paul. At a time when there are ian superiors or other civilian govern- and Senate confirmation of all 3- and 4- insufficient resources to carry out ment officials. In other words, this star active duty promotions, assign- basic management activities; diverting legislaion would apply the same proce- ments, and reassignments. funds to perform the NEPA work on dures to 3- and 4-star officer retire- Mr. President, I want to commend grazing allotments in a rushed manner ments that apply to other military and the Senator from Texas [Mrs. could seriously jeopardize other pri- civilian officials seeking retirement. HUTCHISON] for preparing this proposal. ority programs. By way of background, promotions to I believe the concept warrants favor- In light of these concerns, I have 3- and 4-star positions are treated as able consideration, but the details drafted legislation to require the For- temporary, rather than permanent pro- should receive careful review and est Service to issue new permits for motions. This means that the indi- study. The Committee on Armed Serv- grazing on National Forest System vidual holds the 3- or 4-star grade only ice will obtain the views of the Depart- lands where existing grazing permits while serving in the 3- or 4-star posi- ment of Defense, and the proposal will have expired or will expire. This bill tion. The member also may hold the be considered by the Personnel Sub- would assure ranchers that they could grade for brief transitional periods to committee. I look forward to working continue to graze livestock, even if the cover transfers between assignments, on this issue with Chairman THUR- Forest Service is unable to complete hospitalization, and before retirement. MOND, and with Senator COATS, the the necessary NEPA analysis this year. Because these grades are temporary, chairman of the Personnel Sub- Moreover, it would relieve pressure on an individual who is in a 3- or 4-star committee, and Senator BYRD, the the Forest Service to take funds away grade retains his or her permanent ranking minority member of the sub- from other important activities such as grade, which is typically a 2-star grade. committee. timber sale preparation in the rush to This means that if the individual is not complete this NEPA work. nominated, confirmed, or appointed to By Mr. DASCHLE (for himself another 3- or 4-star position, the indi- and Mr. PRESSLER): My legislation would require the For- vidual will revert to his or her perma- S. 636. A bill to require the Secretary est Service to reissue permits to ranch- nent—for example, 2-star grade. of Agriculture to issue new term per- ers who are in compliance with the Under current law, these consider- mits for grazing on National Forest terms of their permits even if the ations apply to retirements as well as System lands to replace previously NEPA work has not been completed. promotions. As a result, if a 3- or 4-star issued term grazing permits that have The terms of the new permits would be officer who retires is not nominated, expired, soon will expire, or are waived 3 years or until the necessary NEPA confirmed, or appointed to retire in a to the Secretary, and for other pur- work is completed, whichever is soon- permanent 3- or 4-star grade, the indi- poses; to the Committee on Energy and er. It would not cover ranchers whose vidual will revert to his or her perma- Natural Resources. permits have been revoked for viola- nent—for example, 2-star grade upon GRAZING PERMITS LEGISLATION tions of the rules or new applications. retirement—with the attendant loss of Mr. DASCHLE. Mr. President, as part These, I believe, are fair and reasonable retired pay and status. of its management of the national conditions.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4725 It is not my intention to overturn and efficient manner and enable the Sec- (A) the date that is 3 years after the date the requirements of NEPA. I believe retary to issue new term grazing permits, on which it is issued; or that NEPA assessments provide valu- where appropriate; (B) the date on which final agency action able insight into the effects of range (10) for a small percentage of the grazing is taken with respect to the analysis re- permits that will expire or be waived to the quired by the National Environmental Pol- management, insights that in turn can Secretary by the end of 1996, the strategy icy Act of 1969 (42 U.S.C. 4321 et seq.) and be used to strengthen the entire graz- will not provide for the timely issuance of other applicable laws. ing program. But it has become clear new term grazing permits; and (2) FINAL ACTION IN LESS THAN 3 YEARS.—If that in this time of funding con- (11) in cases in which ranching operations final agency action is taken with respect to straints, some permits may not be re- involve the use of a term grazing permit the analysis required by the National Envi- issued on time for procedural rather issued by the Secretary, it is essential for ronmental Policy Act of 1969 (42 U.S.C. 4321 than substantive reasons. That is not new term grazing permits to be issued in a et seq.) and other applicable laws before the acceptable. timely manner for financial and other rea- date that is 3 years after the date on which sons. a new term grazing permit is issued under Penalizing ranchers for a failure of (b) PURPOSE.—The purpose of this Act is to subsection (a), the Secretary shall— the Federal Government to perform the ensure that grazing continues without inter- (A) cancel the new term grazing permit; necessary NEPA analysis is neither ruption on National Forest System land in a and fair nor defensible. I hope that my col- manner that provides long-term protection (B) if appropriate, issue a term grazing per- leagues will join me in supporting this of the environment and improvement of Na- mit for a term not to exceed 10 years under effort to ensure the unbroken use of tional Forest System rangeland resources terms and conditions as are necessary for the while also providing short-term certainty to proper administration of National Forest the range by ranchers who have com- holders of expiring term grazing permits and plied with the terms of their permits System rangeland resources. purchasers of a permit holder’s permitted (d) DATE OF ISSUANCE.— and thus deserve to have them re- livestock or base property. (1) EXPIRATION ON OR BEFORE DATE OF EN- newed. I ask unanimous consent that SEC. 2. DEFINITIONS. ACTMENT.—In the case of an expiring term the entire text of the bill be printed in In this Act: grazing permit that has expired on or before the RECORD. (1) EXPIRING TERM GRAZING PERMIT.—The the date of enactment of this Act, the Sec- There being no objection, the bill was term ‘‘expiring term grazing permit’’ means retary shall issue a new term grazing permit a term grazing permit— ordered to be printed in the RECORD, as under subsection (a)(1) not later than 15 days (A) that expires in 1995 or 1996; or follows: after the date of enactment of this Act. (B) that expired in 1994 and was not re- (2) EXPIRATION AFTER DATE OF ENACT- S. 636 placed with a new term grazing permit solely MENT.—In the case of an expiring term graz- Be it enacted by the Senate and House of Rep- because the analysis required by the Na- ing permit that expires after the date of en- resentatives of the United States of America in tional Environmental Policy Act of 1969 (42 actment of this Act, the Secretary shall Congress assembled, U.S.C. 4321 et seq.) and other applicable laws issue a new term grazing permit under sub- has not been completed. SECTION 1. FINDINGS AND PURPOSE. section (a)(1) on expiration of the expiring (2) FINAL AGENCY ACTION.—The term ‘‘final (a) FINDINGS.—Congress finds that— term grazing permit. agency action’’ means agency action with re- (1) the Secretary of Agriculture (referred (3) WAIVED PERMITS.—In the case of a term spect to which all available administrative to in this Act as the ‘‘Secretary’’) admin- grazing permit waived to the Secretary pur- remedies have been exhausted. isters the 191,000,000-acre National Forest suant to section 222.3(c)(1)(iv) of title 36, (3) TERM GRAZING PERMIT.—The term ‘‘term System for multiple uses in accordance with Code of Federal Regulations, between Janu- grazing permit means a term grazing permit Federal law; ary 1, 1995, and December 31, 1996, the Sec- or grazing agreement issued by the Sec- (2) where suitable, 1 of the recognized mul- retary shall issue a new term grazing permit retary under section 402 of the Federal Land tiple uses for National Forest System land is under subsection (a)(2) not later than 60 days Policy and Management Act of 1976 (43 grazing by livestock; after the date on which the holder waives a U.S.C. 1752), section 19 of the Act entitled (3) the Secretary authorizes grazing term grazing permit to the Secretary. ‘‘An Act to facilitate and simplify the work through the issuance of term grazing permits SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL of the Forest Service, and for other pur- that have terms of not to exceed 10 years and REVIEW. poses’’, approved April 24, 1950 (commonly that include terms and conditions necessary The issuance of a new term grazing permit known as the ‘‘Granger-Thye Act’’) (16 U.S.C. for the proper administration of National under section 3(a) shall not be subject to ad- 580l), or other law. Forest System land and resources; ministrative appeal or judicial review. (4) as of the date of enactment of this Act, SEC. 3. ISSUANCE OF NEW TERM GRAZING PER- MITS. SEC. 5. REPEAL. the Secretary has issued approximately 9,000 (a) IN GENERAL.—Notwithstanding any This Act is repealed effective as of January term grazing permits authorizing grazing on other law, the Secretary shall issue a new 1, 2001. approximately 90,000,000 acres of National term grazing permit without regard to Forest System land; whether the analysis required by the Na- By Mr. MCCAIN: (5) of the approximately 9,000 term grazing tional Environmental Policy Act of 1969 (42 S. 637. A bill to remove barriers to permits issued by the Secretary, approxi- U.S.C. 4321 et seq.) and other applicable laws mately one-half have expired or will expire interracial and interethnic adoptions, has been completed, or final agency action and for other purposes; to the Com- by the end of 1996; respecting the analysis has been taken— (6) if the holder of an expiring term grazing (1) to the holder of an expiring term graz- mittee on Finance. permit has complied with the terms and con- ing permit ; or THE ADOPTION ANTIDISCRIMINATION ACT OF 1995 ditions of the permit and remains eligible (2) to the purchaser of a term grazing per- ∑ Mr. MCCAIN. Mr. President, I am and qualified, that individual is considered mit holder’s permitted livestock or base pleased to introduce the Adoption to be a preferred applicant for a new term property if— grazing permit in the event that the Sec- Antidiscrimination Act of 1995, a bill (A) between January 1, 1995, and December that will prevent discrimination on the retary determines that grazing remains an 1, 1996, the holder has waived the term graz- appropriate use of the affected National For- ing permit to the Secretary pursuant to sec- basis of race, color, or national origin est System land; tion 222.3(c)(1)(iv) of title 36, Code of Federal in the placement of children with adop- (7) in addition to the approximately 9,000 Regulations; and tive families. term grazing permits issued by the Sec- (B) the purchaser of the term grazing per- There are few situations in this world retary, it is estimated that as many as 1,600 mit holder’s permitted livestock or base more tragic than a child without a term grazing permits may be waived by per- property is eligible and qualified to hold a family. Such children do not have the mit holders to the Secretary in favor of a term grazing permit. basic security of parents and a perma- purchaser of the permit holder’s permitted (b) TERMS AND CONDITIONS.—Except as pro- livestock or base property by the end of 1996; vided in subsection (c)— nent home environment that most of (8) to issue new term grazing permits, the (1) a new term grazing permit under sub- us take for granted, and that is so im- Secretary must comply with the National section (a)(1) shall contain the same terms portant to social development. Con- Environmental Policy Act of 1969 (42 U.S.C. and conditions as the expired term grazing sequently, there is little that a society 4321 et seq.) and other laws; permit; and could do that is more cruel to a child (9) for a large percentage of the grazing (2) a new term grazing permit under sub- than to deny or delay his or her adop- permits that will expire or be waived to the section (a)(2) shall contain the same terms tion by a loving family, particularly if Secretary by the end of 1996, the Secretary and conditions as the waived permit. has devised a strategy that will result in (c) DURATION.— the reason for the denial or delay is compliance with the National Environ- (1) IN GENERAL.—A new term grazing per- that the child and family are of dif- mental Policy Act of 1969 and other applica- mit under subsection (a) shall expire on the ferent races. Yet, this is precisely what ble laws (including regulations) in a timely earlier of— our public policy does.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4726 CONGRESSIONAL RECORD — SENATE March 28, 1995 In the late 1960’s and early 1970’s, demning large numbers of children— adopted, and minority children often wait over 10,000 children were adopted by particularly children of color—to un- twice as long as other children to be adopted; families of a different race. This was necessarily long stays in institutions and before many adoption officials decided, or foster care.’’ Their admonition was (4) child welfare agencies should work to without any empirical evidence, that it not heeded, and the bill was passed as eliminate racial, ethnic, and national origin discrimination and bias in adoption and fos- is essential for children to be matched part of the Goals 200 legislation last ter care recruitment, selection, and place- with families of the same race, even if year. ment procedures. As Senator METZENBAUM concluded, they have to wait for long periods for (b) PURPOSE.—The purpose of this Act is to such a family to come along. The ‘‘HHS intervened and did the bill great promote the best interests of children by— forces of political correctness declared harm.’’ The legislation that was finally (1) decreasing the length of time that chil- interracial adoptions the equivalent of signed by the President does precisely dren wait to be adopted; and cultural genocide. This was, and con- the opposite of what was originally in- (2) preventing discrimination in the place- tinues to be, nonsense. tended. It allows race to continue to be ment of children on the basis of race, color, Sound social science research has used as a major consideration and ef- or national origin. found that interracial adoptions do not fectively reinforces the current prac- SEC. 3. REMOVAL OF BARRIERS TO INTERRACIAL hurt the children or deprive them of tice of racial matching. Consequently, AND INTERETHNIC ADOPTIONS. their culture. According to Dr. Howard adoption agencies receiving Federal (a) PROHIBITION.—A State or other entity Alstein, who has studied 204 interracial funds continue to discourage inter- that receives funds from the Federal Govern- adoptions since 1972, ‘‘We categorically racial adoptions, increasing the time ment and is involved in adoption or foster have not found that white parents can- children must wait to be adopted and care placements may not— not prepare black kids culturally.’’ He permitting discrimination in the adop- (1) deny to any person the opportunity to tion process. I am informed that 43 become an adoptive or a foster parent, on the further concluded that ‘‘there are basis of the race, color, or national origin of bumps along the way, but the States have laws that in some way keep children in foster care due to the person, or of the child, involved; or transracial adoptees in our study are (2) delay or deny the placement of a child not angry, racially confused people’’ race. The bill that I am introducing today for adoption or into foster care, or otherwise and that ‘‘They’re happy and content discriminate in making a placement deci- adults.’’ repeals the Metzenbaum law and re- sion, on the basis of the race, color, or na- Since the mid-1970’s, there have been places it with a clear unambiguous re- tional origin of the adoptive or foster parent, very few interracial adoptions. For ex- quirement that adoption agencies or the child, involved. ample, African-American children who which receive Federal funds may not (b) PENALTIES.— constitute about 14 percent of the child discriminate on the basis of race, color, (1) STATE VIOLATORS.—A State that vio- population currently comprise over 40 or national origin. By far the most im- lates subsection (a) shall remit to the Sec- percent of the 100,000 children waiting portant consideration concerning adop- retary of Health and Human Services all funds that were paid to the State under part in foster care. This is despite 20 years tions must be that children are placed without delay in homes with loving E of title IV of the Social Security Act (42 of Federal efforts to recruit African- U.S.C. 670 et seq.) (relating to foster care and American adoptive families and sub- parents, irrespective of their particular racial or ethnic characteristics. This adoption assistance) during the period of the stantial efforts by the African-Amer- violation. overriding goal must take precedence ican community. As stated by Harvard (2) PRIVATE VIOLATORS.—Any other entity Law Prof. Randall Kennedy concerning over any unproven social theories or that violates subsection (a) shall remit to the situation in Massachusetts, ‘‘Even notions of political correctness. the Secretary of Health and Human Services Mr. President, if we owe children if you do a super job of recruiting, in a all funds that were paid to the entity during without families anything, we owe State where only 5 percent of the popu- the period of the violation by a State from them the right to be adopted by fami- lation is black and nearly half the kids funds provided under part E of title IV of the lies that want them without being im- Social Security Act. in need of homes are black, you are peded by our social prejudices and pre- (c) PRIVATE CAUSE OF ACTION.— going to have a problem.’’ The bottom line is that African- conceptions. Denying adoption on the (1) IN GENERAL.—Any individual or class of basis of race is no less discrimination individuals aggrieved by a violation of sub- American children wait twice as long section (a) by a State or other entity may as other children to be adopted. Our than denying employment on the basis of race. And the consequences are cer- bring an action seeking relief in any United discriminatory adoption policies dis- States district court or State court of appro- tainly no less severe. Let us, finally get couraging interracial adoptions are priate jurisdiction. beyond race and allow people who need hurting these children, and this is en- (2) STATUTE OF LIMITATIONS.—An action tirely unacceptable. each other—children and familes—to under this subsection may not be brought Last year, Senator METZENBAUM at- get together. more than 2 years after the date the alleged tempted to remedy this problem by in- Mr. President, I request unanimous violation occurred. troducing the Multi-Cultural Place- consent that the text of the bill, and a (d) ATTORNEY’S FEES.—In any action or ment Act of 1994. That bill was con- letter of support from the National proceeding under this Act, the court, in the ceived and introduced with the best of Council for Adoption, be included in discretion of the court, may allow the pre- the RECORD. As a result of the efforts of vailing party, other than the United States, intentions. Its stated purpose was to a reasonable attorney’s fee, including litiga- promote the best interests of children Congressman BUNNING, similar legisla- tive language has been incorporated tion expenses and costs, and the States and by decreasing the time that they wait the United States shall be liable for the fee into the Personal Responsibility Act, to be adopted, preventing discrimina- to the same extent as a private individual. H.R. 4. tion in their placement on the basis of (e) STATE IMMUNITY.—A State shall not be There being no objection, the mate- race, color, or national origin, and fa- immune under the 11th amendment to the rial was ordered to be printed in the cilitating the identification and re- Constitution from an action in Federal or RECORD, as follows: cruitment of foster and adoptive fami- State court of appropriate jurisdiction for a S. 637 lies that can meet children’s needs. violation of this Act. Unfortunately, the Metzenbaum bill Be it enacted by the Senate and House of Rep- (f) NO EFFECT ON INDIAN CHILD WELFARE resentatives of the United States of America in CT OF 1978 was weakened throughout the legisla- A .—Nothing in this Act shall be Congress assembled, construed to affect the application of the In- tive process and eviscerated by the SECTION 1. SHORT TITLE dian Child Welfare Act of 1978 (25 U.S.C. 1901 Clinton administration Department This Act may be cited as the ‘‘Adoption et seq.). and HHS in conference. After the origi- Antidiscrimination Act of 1995’’. SEC. 4. REPEAL. nal bill was hijacked, a letter was sent SEC. 2. FINDINGS AND PURPOSE. Subpart 1 of part E of title V of the Im- (a) FINDINGS.—Congress finds that— from over 50 of the most prominent law proving America’s Schools Act of 1994 (42 (1) nearly 500,000 children are in foster care professors in the country, including U.S.C. 5115a) is amended— Randall Kennedy, imploring Congress in the United States; (2) tens of thousands of children in foster (1) by repealing sections 551 through 553; to reject the bill. They warned that it care are waiting for adoption; and ‘‘would give congressional backing to (3) 2 years and 8 months is the median (2) by redesignating section 554 as section practices that have the effect of con- length of time that children wait to be 551.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4727 SEC. 5. EFFECTIVE DATE. ommendations in that report to deter- ority, and (2) has been reviewed and approved This Act, and the amendments made by mine whether some of these funds by the Department of the Interior and the this Act, shall take effect 90 days after the might be better spent in support of United States Army Corps of Engineers. The date of enactment of this Act. those activities. I am also concerned insular areas’ individual master plans, with comments, shall be presented in the Depart- NATIONAL COUNCIL FOR ADOPTION, with that provision of the proposed leg- ment of the Interior’s annual report on the Washington, DC, March 23, 1995. islation that would provide operational State of the Islands, and shall be the basis Hon. JOHN MCCAIN, grants to Guam and the Common- for any requests for capital improvement U.S. Senate, Russell Senate Office Building, wealth for compact impact assistance. funding through the Department of the Inte- Washington, DC. I do not have any particular objections rior or the Congress. DEAR SENATOR MCCAIN: The National to providing that assistance if it is jus- (b) Each grant by the Department of the Council For Adoption is very supportive of Interior shall include a five percent payment your proposed legislation to end racism in tified, if the budget limitations allow funding, and if that assistance is a into a trust fund, to be administered by the our child welfare system. The research on Governor (as trustee) of the territory in transracial adoptions shows that: higher priority than other needs. My which the project is located, solely for the Children of color wait twice as long as concern is providing that assistance maintenance of such project. No funds shall white children for permanent loving homes through an entitlement rather than be paid pursuant to a grant under subsection simply because of the color of their skin. through discretionary appropriations. (a) of this section without the prior appro- While African-Americans make up to 12–14 The central objective of the current 7 priation and payment by the respective ter- percent of the population an overwhelming year agreement with the Common- ritorial government to the trustee, of an 40 percent of the estimated 100,000 children amount equal to the federal contribution for waiting for homes are black. The numbers wealth is to eliminate operational as- sistance and focus on necessary infra- maintenance of the project. A maintenance don’t match. plan covering the anticipated life of each Children of color raised in white homes are structure needs. Replacing one type of project shall be adopted by the Governor of not ‘‘lost’’ to their ethnic heritage, they do operational assistance with another the respective insular area and approved by well academically, feel good about them- seems to me to be a step back. the Department of the Interior before any selves and become productive citizens. There being no objection, the mate- grant payment for construction is released The Multi-Ethnic Placement Act of 1994 by the Department of the Interior. ought to be repealed as the legislative lan- rial was ordered to be printed in the (c) The capital infrastructure funding au- guage and its purposes were hopelessly hi- RECORD, as follows: thorized under this Act is authorized to be jacked by amendments insisted upon by the S. 638 extended for an additional three-year phase- Administration. Be it enacted by the Senate and House of Rep- out period: Provided, That each grant during We applaud your interest and your pro- resentatives of the United States of America in posed legislation which is aimed at reducing the additional period contains a dollar shar- Congress assembled, ing by each grantee and the grantor in the the time children of color spend without SECTION 1. SHORT TITLE. homes. We stand ready to work closely with following ratios: twenty-five/seventy-five This Act may be cited as the Insular Devel- percent for the first year, fifty/fifty percent you to ensure timely passage. opment Act of 1995. Sincerely, for the second year, seventy-five/twenty-five SEC. 2. NORTHERN MARIANA ISLANDS. percent for the third year; Provided further, CAROL STATUTO BEVAN, Ed.D., There is authorized to be appropriated to Vice President for That funding for capital infrastructure for the Secretary of the Interior for the Com- Research and Public Policy.∑ the Commonwealth of the Northern Mariana monwealth of the Northern Mariana Islands Islands shall not exceed $3,000,000 annually By Mr. MURKOWSKI (by re- $6,140,000, backed by the full faith and credit during the period of such extension. quest): of the United States, for each of fiscal years SEC. 6. REPEAL. 1996 through 2001, for capital improvement Effective after September 30, 1995, no addi- S. 638. A bill to authorize appropria- projects in the environmental, health, and tions for United States insular areas, tional funds shall be made available under public safety areas, administration and en- subsection (b) of section 4 of Public Law 94– and for other purposes; to the Com- forcement of immigration and labor laws, 241 (90 Stat. 263, 48 U.S.C. 1681 note), and such mittee on Energy and Natural Re- and contribution toward costs of the com- subsection is repealed. sources. pacts of free association (for the same dura- THE INSULAR DEVELOPMENT ACT tion and purposes as are applied to Guam in SECTION-BY-SECTION ANALYSIS Public Law 99–239 as amended by section 3 of ∑ Mr. MURKOWSKI. Mr. President. At Section 1 states the short title of the Act this Act). the request of the administration, I am to be the ‘‘Insular Development Act of 1995.’’ today introducing legislation ‘‘to au- SEC. 3. IMPACT OF THE COMPACT. Section 2 authorizes a full faith and credit (a) Paragraph (6) of subsection (e) of sec- appropriation in an annual amount of $6.14 thorize appropriations for United tion 104 of Public Law 99–239 (99 Stat. 1770, 48 States insular areas, and for other pur- million for fiscal years 1996 through 2001 to U.S.C. 1681 note), is amended by striking ev- the Secretary of the Interior for Common- poses’’. The legislation was trans- erything after the word ‘‘after’’ and insert- wealth of the Northern Mariana Islands mitted by the Assistant Secretary of ing in lieu thereof the following language: (CNMI) devoted to the following purposes: (1) the Interior for Territorial and Inter- ‘‘September 30, 1995 and ending September capital improvement projects in environ- national Affairs to implement the 30, 2001, $4,580,000 annually, backed by the mental, health, and public safety areas, (2) funding recommendations contained in full faith and credit of the United States, for administration and enforcement of immigra- the President’s proposed budget for fis- Guam, as a contribution toward costs that tion and labor laws, and (3) contribution to- result from increased demands for education ward costs of the compacts of free associa- cal year 1996. The legislation, if en- and social program benefits by immigrants acted, would replace the current an- tion incurred by the CNMI. from the Marshall Islands, the Federated Section 3 amends the law authorizing pay- nual guaranteed funding for the Com- States of Micronesia, and Palau.’’ ments to United States Pacific jurisdictions monwealth of the Northern Mariana Is- SEC. 4. CAPITAL INFRASTRUCTURE. for costs associated with the compacts of lands with a new program. The new There is authorized to be appropriated to free association to provide a specific $4.58 program would complete the infra- the Secretary of the Interior $17,000,000 for million annual full faith and credit payment structure funding contemplated under each fiscal year beginning after September to Guam as a contribution toward such costs the agreement negotiated by the ad- 30, 1995 and ending September 30, 2001, incurred by Guam. ministration with the Commonwealth backed by the full faith and credit of the Section 4 authorizes a full faith and credit United States, for grants for capital infra- appropriation in the annual amount of $17 and redirect the balance of the funds to structure construction in American Samoa, million for fiscal years 1996 through 2001 to other territorial needs. Guam, and the United States Virgin Islands, the Secretary of the Interior for capital in- For the current fiscal year, Congress Provided, That the annual grant to American frastructure construction in American redirected a portion of the Common- Samoa shall not exceed $15,000,000 and the Samoa, Guam, and the Virgin Islands. The wealth funding to support of efforts by annual grants for Guam and the United insular area with the greatest need, Amer- the Departments of Justice, Labor, and States Virgin Islands shall not exceed ican Samoa, would receive annual grants of the Treasury to work with the Com- $3,000,000 each. between $11 million and $15 million; Guam monwealth government to address a SEC. 5. CAPITAL INFRASTRUCTURE FUNDING RE- and the Virgin Islands would each receive variety of concerns that have arisen in QUIREMENTS. annual grants of up to $3 million. (a) No funds shall be granted under this Section 5(a) provides that capital infra- the Commonwealth. A report on that Act for capital improvement projects with- structure funds granted under sections 2, 4, effort is due from the Department of out the submission by the respective govern- and 5 of the bill would be subject to master the Interior shortly, and we will want ment of a master plan of capital needs that plans developed by the respective govern- to consider the findings and rec- (1) ranks proposed projects in order of pri- ment that rank projects in priority order.

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The plans would be subject to review and ap- PROVISIONS OF THE DRAFT BILL Phase out proval by the Department of the Interior and The draft bill addresses specific concerns After the initial six years of mandatory United States Army Corps of Engineers. shared by the Congress, the Administration funding, the program may be extended for an Section 5(b) provides that five percent of and the insular areas. additional three-year, phase-out period, with each Interior grant for capital infrastructure CNMI grantee/federal sharing as follows: 25/75 per- and a matching amount by the respective in- The bill would authorize $6,140,000 a year cent in the first year, 50/50 percent in the sular government be paid into trust funds for the Commonwealth of the Northern Mar- second year, and 75/25 percent in the third solely for expenditure on maintenance of iana Islands through the year 2001 for the year. Because section 2 of the draft bill each project, according to a maintenance purposes of capital improvement projects, which includes capital infrastructure fund- plan approved by Interior. The respective in- administration and enforcement of immigra- ing for the Northern Mariana Islands will sular governor would be the trustee. tion and labor laws, and contribution to terminate at the end of the fiscal year 2001, Section 5(c) provides for extension of only costs of the compacts of free association. the Northern Mariana Islands would partici- the capital infrastructure program, author- Flexibility would be accorded the CNMI in pate in the phase-out years of the capital in- ized in section 4, for an additional three-year allocating the funding among such purposes. frastructure program in annual amounts up phase-out period. The federal share of con- If authorized, the CNMI will have received a to $3 million, like Guam and the Virgin Is- struction grants would decrease to seventy- total of $120 million during the period of fis- lands. five percent in the first year, fifty percent in cal years 1993 through 2001—the equivalent of The proposed bill would have no negative the second year, and twenty-five percent in the 1992 agreement reached with the CNMI effect on the Federal budget and meets the third year, before termination of the pro- representatives. ‘‘Paygo’’ requirements by shifting the pur- gram. The bill would shift remaining mandatory pose of existing mandatory funding. Discre- Section 6, repeals subsection (b) of section funding to other priority insular needs, i.e., tionary savings would result by shifting ex- 4 of Public Law 94–241 (which mandates con- territorial infrastructure needs, and the con- isting discretionary infrastructure funding tinuing payments of $27.7 million to the gressional commitment to reimburse United for the purposes identified in the bill to this Commonwealth of the Northern Mariana Is- States jurisdictions for the impact of the proposed replacement program. compacts of free association. lands until otherwise provided by law). The The Office of Management and Budget ad- provision explicitly states that no additional Guam vises that there is no objection to presen- funds shall be made available under this sub- When the Compact of Free Association for tation of this draft bill from the standpoint section of the 1976 law after fiscal year 1995. the Marshall Islands and the Federated of the Administration’s program. States of Micronesia was approved by the Sincerely, U.S. DEPARTMENT OF THE INTERIOR, Congress, section 104(e)(6) of the Public Law LESLIE M. TURNER, Washington, DC, February 27, 1995. 99–239 authorized the payment of impact of Assistant Secretary, Territorial and Hon. ALBERT GORE, the Compact costs incurred by United States International Affairs.∑ President, U.S. Senate, Washington, DC. Pacific island jurisdictions due to the exten- DEAR MR. PRESIDENT: Enclosed is a draft sion of education and social services to im- By Mr. CAMPBELL (for himself migrants from the freely associated states. bill ‘‘(t)o authorize appropriations for United and Mr. JOHNSTON): States insular areas, and for other pur- The Palau Compact legislation (Public Law poses.’’ 99–658) included Palau by reference. The Gov- S. 639. A bill to provide for the dis- The Department of the Interior rec- ernments of Guam and the CNMI contend position of locatable minerals on Fed- ommends that the bill be introduced, re- that they have incurred costs in excess of $75 eral lands, and for other purposes; to ferred to the appropriate committee, and en- million. While definitions of eligible costs the Committee on Energy and Natural acted. and the magnitude of the costs may be in Resources. question, all agree that Guam and the CNMI The bill would terminate the mandatory fi- THE LOCATABLE MINERAL MINING REFORM ACT nancial assistance paid to the Common- have sustained substantial expenses due to the Compact. With the implementation of OF 1995 wealth of the Northern Mariana Islands ∑ (CNMI) and shift such mandatory assistance the Palau Compact, which occurred on Octo- Mr. JOHNSTON. Mr. President, I am to more pressing territorial needs, i.e., con- ber 1, 1994, we anticipate that the problem pleased to join my colleague from Colo- tribution to Guam and the CNMI for impact will be compounded. Under the draft bill, rado, Senator CAMPBELL, as a cospon- of immigration caused by the Compacts of funds to defray costs for the CNMI would be sor of this legislation and I commend Free Association, and capital infrastructure a part of the CNMI authorization contained him for his leadership in this area. As in section 2 of the draft bill. Annual pay- construction. The bill would follow-through a member of the Energy and Natural on a commitment by the Congress to con- ments of $4.58 million for Guam would help defray Guam’s expenses. The contributions Resources Committee, the Senator has tribute to the defraying of impact costs in- been very active in working for a min- curred by Guam and the CNMI, and would would cease at the end of the Compact pe- represent a commitment to the territories riod, September 30, 2001. ing law reform bill that will make by President Clinton and the Congress to ad- Capital infrastructure needed reforms, get this issue behind dress the territories’ most pressing capital The remaining $17 million in mandatory us, and give the mining industry some infrastructure needs. The draft bill is con- funding would be redirected to pressing cap- certainty. sistent with the budgetary requirements ital infrastructure needs in American The bill we are introducing today, under ‘‘Paygo.’’ Samoa, Guam and the Virgin Islands for a with one exception, is very similar to The Covenant to Establish the Common- minimum period of six years. American the so-called 8–2 chairman’s mark Samoa has unfunded capital infrastructure wealth of the Northern Mariana Islands in which we crafted last summer during Political Union with the United States of needs well in excess of $100 million. Guam America (Covenant) committed the federal and the Virgin Islands have substantial the House-Senate conference on mining government to mandatory funding for the needs in the environmental, health, and pub- law reform. While we were not able to CNMI for a period of seven years—1979 lic safety areas. enact this proposal, I think it em- through 1985. A total of $228 million in full The draft bill would give recognition to the bodied a balanced and middle ground faith and credit funding for a subsequent fact that of the four small United States ter- approach to most of the key issues in- seven-year period was approved by the Con- ritories, American Samoa has the greatest volved in this controversy. Frankly, I need for capital infrastructure, but lacks re- gress in legislation (Pub. L. 99–396, 100 Stat. believe this bill represents a better 840) that provided— sources for financing construction. The bill would allow American Samoa to starting point for our deliberations ‘‘(u)pon the expiration of the period of Fed- receive up to $15 million annually for capital this year than either of the other pro- eral financial assistance . . ., payments of infrastructure projects. Guam and the direct grant assistance shall continue at the posals currently before the committee. United States Virgin Islands would receive annual level provided for the last fiscal year Some may feel this bill goes too far in up to $3 million annually for capital infra- of the additional period of seven fiscal years some areas; others may think it does structure projects related to the environ- until Congress otherwise provides by law.’’ not go far enough in addressing certain ment, health, and public safety. Congress has not over the last two years Capital infrastructure funds would be re- issues. While I am certain that this bill approved a third and final financial assist- leased only after an insular area— will undergo some changes, I think the ance agreement, nor acted on Administra- Develops a capital infrastructure master measure Senator CAMPBELL and I are tion proposals transmitted with the 1994 and plan approved by the Department of the In- proposing will provide a vehicle which 1995 budgets. terior and the United States Army Corps of will facilitate the enactment of a min- With no additional provisions of law by the Engineers, and ing law reform bill this year. Congress, however, the CNMI continues to Contributes five percent of the project cost receive $27.7 million annually as it did in fis- to a maintenance fund for the project to be The one significant difference be- cal year 1992, the final year of the second expended according to the project’s mainte- tween this bill and last year’s chair- seven-year period. nance plan. man’s mark is in the area of State

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4729 water rights. Senator CAMPBELL has re- quirements of current law. I must state local partners to share these costs, it placed the water provisions of last that I do not support the recommenda- has succeeded in ensuring that the summer’s bill with language which pro- tions contained in the President’s fis- most worthy projects receive Federal tects the ability of the States to make cal year 1996 budget submittal to ter- funding. Second, it has ensured that decisions regarding water quality and minate Federal participation in local our commercial ports and inland wa- quantity consistent with existing State flood control and hurricane protection terways remain open for commercial and Federal law. Certainly the water because I believe that there is signifi- traffic and are now able to serve the issue was one of the most contentious cant justification for continuing an ap- larger bulk cargo ships, including the issues we dealt with last year, and I am propriate level of Federal funding for super coal colliers. Third, it has al- sure it will be again. these projects. lowed the United States to meet our Mr. President, I look forward to Yes, the Corps of Engineers, like all national security commitments working with Senator CAMPBELL, as Federal agencies, must achieve signifi- abroad. cant reductions in its budget. In Con- well as Senator CRAIG and Senator Mr. President, these principles re- gress, we must give close scrutiny to BUMPERS, to confect a bill that can main valid today as we judge those water resource needs to determine if pass both the Senate and the House and projects which will provide the great- Federal funding is warranted under se- that the President will sign.∑ est return for our investment of lim- vere budget constraints. We must not, ited Federal dollars. For these reasons, By Mr. WARNER (for himself, however, unwisely and abruptly aban- it is appropriate that Congress con- Mr. CHAFEE, Mr. REID, Mr. don the corps’ central mission: to pro- tinue the Corps’ fundamental missions BOND, Mr. GRAHAM, and Mr. tect lives and property. of navigation, flood control, floodplain MCCONNELL): Such a policy may only serve to shift management, and storm damage reduc- S. 640. A bill to provide for the con- costs to other Federal agencies and de- tion. servation and development of water partments. We must recognize that and related resources, to authorize the there will always be unforeseen cir- Mr. CHAFEE. Mr. President, I am Secretary of the Army to construct cumstances, times of national emer- pleased to join with Senator JOHN WAR- various projects for improvements to gency, or situations too costly for eco- NER and others in cosponsoring legisla- rivers and harbors of the United nomically strapped communities to tion to reauthorize the civil works pro- States, and for other purposes; to the handle expensive projects by them- gram at the U.S. Army Corps of Engi- Committee on Environment and Public selves. neers. With the exception of 1994, the Works. Mr. President, since I was first elect- Congress has authorized this necessary ed to the Senate in 1979, and for the fol- THE WATER RESOURCES DEVELOPMENT ACT OF infrastructure program on a biennial 1995 lowing 7 years, I sponsored legislation basis since 1986. in each Congress to provide for the Mr. WARNER. Mr. President, I am WRDA 1986 pleased to introduce today, along with deepening and maintenance of our deep-draft ports. Developing a strong As many in the Senate are aware, the my colleagues, Senator CHAFEE, Sen- partnership with our non-Federal spon- 1970’s and early 1980’s brought a depar- ator REID, Senator MCCONNELL, Sen- sors through cost-sharing was the cor- ture from the previous practice of ap- ator BOND, and Senator GRAHAM, the proving omnibus authorization bills Water Resources Development Act of nerstone of my legislation. During the years, since 1976, the Con- and predictable appropriations for the 1995. gress and the executive branch had This legislation authorizes civil construction of water resources been gridlocked over the financing of works programs for the U.S. Army projects. In 1986, however, we broke the water resource projects. Also at that Corps of Engineers which preserves the logjam. After years of legislative and time, global demand for steam coal navigation of our harbors and channels executive policy confrontations over skyrocketed. But, our ports could not so critical to the shipping of agricul- the role of the Federal Government in respond to this world demand. In tural products and industrial goods. It water policy, Congress approved the Hampton Roads Harbor, colliers were Water Resources Development Act of also provides for flood control and lined up in the Chesapeake Bay to storm damage reduction essential to 1986. The legislation is often referred to enter the coal terminals. Upon loading, as WRDA. protecting lives and property. they would wait for high tide to leave Mr. President, since 1986, when the The 1986 Act was landmark legisla- the harbor. tion because we finally instituted a Congress established the landmark The 1986 Water Resources Develop- reasonable framework for local cost- principles for non-Federal cost-sharing ment Act [WRDA] was the culmination sharing of Army Corps’ projects and of water resource projects, the author- of our efforts to resolve many conten- feasibility studies. This was a huge ization of the Corps of Engineers civil tious issues—including cost-sharing. works programs has occurred on a bi- I remain committed to the principle step in the right direction. I helped au- ennial basis. of cost-sharing which has become the thor those cost-sharing provisions be- This 2-year authorization cycle has cornerstone of a successful corps pro- cause there was a real need to recog- provided our local partners in water re- gram. As intended, it has ensured that nize our limited Federal resources and sources development a level of con- only those projects with strong local the financial responsibility of local tinuity which has aided their planning support are funded and it has leveraged project sponsors. and budgeting needs. substantial non-Federal money. Since COST SHARING Unfortunately, this 2-year cycle was the enactment of WRDA 1986, funding In establishing cost-sharing formulas broken by Congress last year when we for Virginia projects has totalled $590 for these projects and studies, the Con- failed to enact this legislation. million in Federal funds which has gress accomplished at least two impor- I believe my colleagues will find this stimulated more than $343 million in tant objectives. First, by reducing the bill to be a modest reauthorization pro- non-Federal money. posal that maintains the uniform re- It was no easy task to devise reason- Federal contribution toward individual quirements of cost-sharing between the ably fair cost-sharing formulas which projects, we have been able to use Federal Government and non-Federal were mindful of the difficulty of small roughly the same level of total Federal project sponsors. communities to contribute to the costs funding for many additional proposals This legislation responds to water re- of constructing flood control projects, which, despite their particular merit, source needs that are in the Federal in- of our coastal communities to receive had previously gone by the wayside terest and meet the benefit to cost credit for the value of property to be without full Federal funding. ratio of 1 to 1. This means that for protected from hurricanes and of our Second, by requiring a local match, every Federal dollar invested in a commercial ports and inland water- we have brought the locally affected project, the taxpayer receives more ways to remain competitive in a parties into the decisionmaking proc- than a dollar in benefits in return. shrinking global marketplace. ess. Even though improvements are Mr. President, this legislation also WRDA 1986 has worked well in three still necessary on that score, I think it funds projects consistent with the re- major respects. First, by requiring our is fair to say that our State and local

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4730 CONGRESSIONAL RECORD — SENATE March 28, 1995 partners have much greater input than the Ryan White CARE Reauthorization In addition, it adds Native American they once did. Act of 1995. communities to the current list of enti- BUDGET REDUCTION The CARE Act has played a critical ties eligible for projects of national Now we face a period of even greater role in improving the quality and significance. fiscal austerity. In an effort to find availability of medical and support Second, it creates a statewide coordi- spending reductions in the out years, services for individuals with HIV dis- nation and planning process to improve the administration has proposed to sig- ease and AIDS. The most significant coordination of services, including nificantly reduce Federal involvement assistance under this act is provided services in title I cities and title II in the construction of new flood con- through titles I and II. Title I provides States. trol and coastal storm protection emergency relief grants to cities dis- Third, it extends the administrative projects. Also being discussed are plans proportionately affected by the HIV expense caps for title I and II to sub- to phase out the Federal maintenance epidemic. Title II provides formula contractors. of harbors and ports which do not con- grants to States and territories to im- Fourth, it authorizes guidelines for a tribute to the harbor maintenance prove the quality, availability, and or- minimum State drug formulary. trust fund. ganization of health care and support Fifth, it modifies representation on Perhaps such dramatic change is nec- services. the title I planning councils to more essary if we are to reverse the trend of As the HIV epidemic continues, the accurately reflect the demographics of debt spending in Washington. Perhaps need for this important legislation re- the HIV epidemic in the eligible area. this sort of reduction in Federal in- mains. There is a need as well to mod- Sixth, for the title I supplemental volvement is exactly what the voters ify its provisions to take into account grants, a priority is established for eli- called for last November. I happen to the changing face of the HIV epidemic gible areas with the greatest preva- believe that a need still exists for Fed- since the CARE Act was first enacted lence of comorbid conditions, such as eral involvement in some of these in 1990. Once primarily a coastal urban tuberculosis, which indicate a more se- areas. The interstate nature of flooding area problem, the HIV epidemic now vere need. warrants Federal coordination and as- reaches the smallest and most rural I believe that the changes proposed sistance. areas of this country. In addition, mi- by this legislation will assure the con- Yet, spending reductions must be norities, women, and children are in- tinued effectiveness of the Ryan White made. As in 1986, we are being called creasingly affected. CARE Act by maintaining its success- upon to make tough choices in the ef- This reauthorization bill builds on ful components and by strengthening fort to define the appropriate Federal the successful four-title structure of its ability to meet emerging chal- role for construction and management the current CARE Act and includes lenges. Putting together this legisla- of water-related resources. many important improvements. Chief tion has involved the time and commit- WRDA 1995 among these are changes in the funding ment of a wide variety of individuals I believe that Senator WARNER has formulas which would ensure greater and organizations. I want to acknowl- struck a careful balance in the legisla- funding equity and which provide a sin- edge all of their efforts, and I particu- tion he is proposing today. This bill is gle appropriation for titles I and II. larly appreciate the constructive and cost conscious. Preliminary estimates The General Accounting Office [GAO] cooperative approach which Senator conducted by the Congressional Budget has identified large disparities and in- KENNEDY has lent to the development Office score the authorization level of equities in the current distribution of of this legislation. It is my hope that this measure at less than 50 percent of CARE Act funding. This legislation, de- the Senate can act promptly in approv- the nearly $3 billion authorized by veloped with GAO input, authorizes eq- ing this measure. I ask unanimous con- WRDA 1992. Even though significant uity formulas for titles I and II based sent a summary of this bill be made a cost and scope reductions are made on an estimation of the number of indi- part of the RECORD. here—we still authorize a broad mix of viduals currently living with AIDS and There being no objection, the sum- navigation, flood control, shoreline the costs of providing services. In addi- mary was ordered to be printed in the protection, and environmental restora- tion, the new title II formula includes RECORD, as follows: tion projects and studies. an adjustment to offset the double- SUMMARY OF THE REAUTHORIZATION ACT counting of individuals by States, when While the administration has every 1. The current four-title structure of the right to propose long-term savings such States also include title I cities. Ryan White CARE Act is maintained. through broad, overarching policy The purpose of these changes is to as- Title I: Provides emergency relief grants to shifts and program phase-outs, I am sure a more equitable allocation of eligible metropolitan areas (EMAs) dis- convinced that we can achieve more funding, based on where people with proportionately affected by the HIV epi- significant and equitable spending re- the illness are currently living. With demic. One-half of the Title I funds are dis- ductions through the authorization any formula change, there is always tributed by formula; the remaining one-half is distributed competitively. process. the concern about the potential for dis- ruption of services to individuals now Title II: Provides grants to states and ter- I am grateful that Senator WARNER ritories to improve the quality, availability, has taken the lead this year on water receiving them. To address this con- and organization of health care and support resources reauthorization. Mr. Presi- cern, the bill maintains home-harmless services for individuals with HIV disease and dent, with his direction and with the floors designed to assure that no entity their families. The funds are used: to provide cooperation of colleagues, I am con- receives less than 92.5 percent of its medical support services for individuals who fident that we will see passage of this 1995 allocation over the next 5 years. are not included in the Title I areas; to con- bill this year. In an effort to target resources to the tinue insurance payments; to provide home areas in greatest need of assistance, care services; and to purchase medications By Mrs. KASSEBAUM (for her- the bill also limits the addition of new necessary for the care of these individuals. Funding for Title II is distributed by for- self, Mr. KENNEDY, Mr. HATCH, title I cities to the program. Beginning mula. Mr. JEFFORDS, Mr. FRIST, Mr. in fiscal year 1998, current provisions Title III(b): Supports early intervention PELL, Mr. DODD, Mr. COATS, and which establish eligibility for areas services on an out-patient basis—including Mr. SIMON): with a cumulative AIDS caseload in ex- counseling, testing, referrals, and clinical, S. 641. A bill to reauthorize the Ryan cess of 2,000 will be replaced with provi- diagnostic, and other therapeutic services. White CARE Act of 1990, and for other sions offering eligibility only when This funding is distributed by competitive purposes; to the Committee on Labor over 2,000 cases emerge within a 5-year grants. and Human Resources. period. Title IV: Provides grants for research and services for pediatric patients. THE RYAN WHITE CARE REAUTHORIZATION ACT The legislation makes a number of 2. A single appropriation for Title I grants OF 1995 other important modifications: ∑ to eligible metropolitan areas and Title II Mrs. KASSEBAUM. Mr. President, on First, it moves the Special Projects grants to states is authorized for fiscal year behalf of myself and Senators KEN- of National Significance Program to a 1996. NEDY, HATCH, PELL, JEFFORDS, FRIST, new title V, funded by a 3-percent set- A single appropriation should help unify DODD, COATS, and SIMON, I introduce aside from each of the other four titles. the interest of grantees in assuring funding

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4731 for all individuals living with AIDS, regard- The AIDS Education and Training Centers infected with the AIDS virus. AIDS less of whether they live in EMAs or states. program is transferred from federal health itself has now become the leading kill- The appropriation is divided between the professions education legislation. This pro- er of young Americans ages 25 to 44. two titles based on the ratio of fiscal year gram provides funding for the training of AIDS is killing brothers and sisters, 1995 appropriations for each title. Sixty-four health personnel in the diagnosis, treatment, percent is designated for Title I. The Sec- and prevention of HIV disease. Its purpose is children and parents, friends and loved retary is authorized to develop and imple- to assure the availability of a cadre of ones—all in the prime of their lives. ment a method to adjust the distribution of trained individuals for the CARE Act pro- More than 400,000 Americans have funding for Title I and Title II to account for grams. been diagnosed with AIDS. Over half new Title I cities and other relevant factors 7. A statewide coordination and planning have already died—and yet the epi- for fiscal year 1997 through fiscal year 2000. If process is created to improve coordination of demic marches on unabated. the Secretary does not implement such a services, including services in Title I cities As the crisis continues year after method, separate appropriations for titles I and Title II states. year, it has become more and more dif- and II are authorized, beginning in fiscal 8. Representation on the Title I planning year 1997 and extending through fiscal year councils is changed to more accurately re- ficult for anyone to claim that AIDS is 2000. flect the demographics of the HIV epidemic. someone else’s problem. 3. Equity formulas are authorized for Ti- 9. Guidelines for a minimum state drug for- The epidemic has cost the Nation im- tles I and II based on an estimation of the mulary are authorized. measurable talent and energy in young number of individuals living with AIDS and Therapeutics improve the quality of life of and promising lives struck down long the costs of providing services. patients with HIV disease and minimize the before their time. We must do better to The present distribution formulas have led need for costly inpatient medical care. The provide care and support for those to disparity in funding for individuals living medical state of the art is constantly chang- caught in the epidemic’s path. And with AIDS based on where they live. This is ing. The guidelines will help states to keep due to: a caseload measure which is cumu- abreast of these changes and to develop a with this legislation, we will. lative, the absence of any measure of service drug formulary which is composed of avail- Five years ago, in the name of Ryan costs, and the counting of EMA cases by both able Food and Drug Administration approved White and all the other Americans who the Titles I and II formulas. therapies. had lost their battle against AIDS, The equity formulas will include an esti- 10. Administrative caps for Titles I and II Congress passed and President Bush mate of living cases of AIDS. This estimate are extended to contractors and subcontrac- signed into law the Comprehensive is calculated by applying a different weight tors. AIDS Resources Emergency Act. to each year of cases reported to the Centers Administrative costs for grantees and sub- for Disease Control and Prevention over the Since then, the CARE Act has been a contractors are tightly defined and limited. model of bipartisan cooperation and ef- most recent ten-year period. A cost index is This limitation will ensure monies are uti- determined by using the average Medicare lized to provide services for people living fective Federal leadership. Today that hospital wage index for the three-year period with AIDS rather than subsidizing excessive bipartisan tradition continues. immediately preceding the grant award. administrative expenses. The CARE Act provides emergency Over a five-year period, hold-harmless floors BACKGROUND ON THE AIDS EPIDEMIC relief for cities hardest hit by the AIDS for the formulas are provided in order to as- epidemic, and additional funding for all sure that no entity receives less than 92.5 1. The HIV epidemic continues to be a na- tional problem: States to provide health care, early percent of its 1995 allocation. The phase-in is intervention, and support services for provided to avoid disruption of services to The number of AIDS cases has increased to beneficiaries, while still allowing for the re- 441,000; one-fifth of the new cases occurred in individuals and families with HIV dis- distribution of funds. 1994. ease in both urban and rural areas. 4. The addition of new Title I cities will be AIDS is now the leading cause of death for In Boston, the CARE Act has led to limited. all Americans between the ages of 25 to 44. dramatically increased access to essen- The current designation criteria for Title I Cases are distributed across the United tial services. This year, because of cities was developed to target emergency States—with only relative sparing of a few Northern Plains and Mountain states. Ryan White, 15,000 individuals are re- areas. Five years after the initial enactment ceiving primary care, 8,000 are receiv- of the Ryan White CARE Act, the epidemic 2. Trends: persists. However, the needs have changed The Northeast incidence is higher for the ing dental care, and 9,000 are receiving from emergency relief to maintenance of ex- injecting drug user than for other popu- mental health services. An additional isting efforts. In addition, Title II funding lations. 700 are receiving case management has been used to develop infrastructure in The Southern region cases remain pri- services and nutrition supplements. large metropolitan areas, decreasing the rel- marily among the gay male population. This assistance is reducing hospitaliza- ative need for emergency Title I funding. The proportion of the epidemic among gay tions, and is making an extraordinary However, to allow for true future emer- males in the Midwest and the West has sta- bilized. difference in people’s lives. gencies, the Title I definition is refined to While much has changed since 1990, include only those areas which have a popu- The heterosexual AIDS epidemic is in- lation of at least 500,000 individuals and a cu- creasing dramatically. the brutality of the epidemic remains mulative total of more than 2,000 cases of Heterosexual transmission is now the lead- the same. When the act first took ef- AIDS in the preceding five years. This re- ing cause of AIDS in women. fect, only 16 cities qualified for ‘‘emer- quirement will not apply to any area that is The highest concentration of infected gency relief.’’ In the past 5 years, that deemed eligible before fiscal year 1998. women is in the coastal Northeast, the mid- number has more than tripled—and by 5. A priority for the Title I supplementary atlantic, and the Southeast. next year it will have quadrupled. Cases in the Northeast remain primarily grants is established. This crisis is not limited to major The severity of illness has a major impact within urban centers, while cases in the on the delivery of services. The reauthoriza- Southeast are more likely to be located in urban centers. Caseloads are now grow- tion establishes a priority for the distribu- small towns and cities. ing in small towns and rural commu- tion of funds which accounts for co-morbid 3. Minorities: nities, along the coasts and in Amer- conditions as indicators of more severe HIV- Blacks and latinos comprise nearly 75 per- ica’s heartland. From Weymouth to disease. Such conditions include sexually cent of all women infected. Wichita, no community will avoid the transmitted diseases, substance abuse, tuber- The rates of infection for black women epidemic’s reach. culosis, severe mental illness, and homeless- range from 7 to 27 times higher than the We are literally fighting for the lives rates for caucasian women. ness. of hundreds of thousands of our fellow 6. The Special Projects of National Signifi- 4. Adolescents: cance (SPNS) and the AIDS Education and Adolescents have the fastest growing rate citizens. These realities challenge us to Training Centers are included in a new Title of infection. move forward together in the best in- V. The rates of infection among adolescents terest of all people living with HIV. Currently, SPNS is part of Title II and is are similar among women and men, but the And that is what Senator KASSEBAUM funded by a 10 percent Title II set-aside. The rates are the highest among blacks.∑ and I have attempted to do. reauthorization bill provides that the SPNS Mr. KENNEDY. Mr. President, it is a The compromise in this legislation program will receive a 3 percent set-aside privilege to join Senator KASSEBAUM in acknowledges that the HIV epidemic from each of the other four titles. The SPNS introducing the Ryan White CARE Re- has expanded its reach but we have not project will address the needs of special pop- ulations, assist in the development of essen- authorization Act of 1995. forgotten its roots. While new faces tial community-based service infrastructure, For 15 years, America has been strug- and new places are now affected, the and ensure the availability of services for gling with the devastating effects of epidemic rages on in the areas of the Native American communities. AIDS. More than a million citizens are country hit hardest and longest.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4732 CONGRESSIONAL RECORD — SENATE March 28, 1995 The pain and suffering of individuals It is also about caring and the Amer- during a hearing of the Subcommittee and families with HIV is real, wide- ican tradition of reaching out to people on Children I chaired in the last Con- spread, and growing. All community- who are suffering and in need of help. gress. Geraldine Jensen testified about based organizations, cities, and States Ryan White would be proud of what has struggling as a single mother and re- need additional support from the Fed- happened in his name. His example, ceiving no help from her exhusband. eral Government to meet the needs of and the hard work of so many others, She had to work 60 hours a week just those they serve. are bringing help and hope to our to make ends meet. One day she real- The revised formulas in this legisla- American family with AIDS. I urge my ized her kids had gone from two par- tion will make these desperately need- colleagues to support this vital initia- ents to one parent when her husband ed resources available based on the rel- tive. left, and then from one parent to none ative number of people living with HIV when she had to take her second job. By Mr. DODD (for himself and disease—and the relative cost of pro- She was working so much that she had Mr. ROCKEFELLER): viding these essential services. no time for her children. The new formula will increase the S. 642. A bill to provide for dem- onstration projects in six States to es- So Ms. Jensen quit her jobs and went medical care and the support services tablish or improve a system of assured on AFDC. She finally collected the available to individuals with HIV in minimum child support payments, and child support owed her 7 years later, many cities, including Boston, Los An- for other purposes; to the Committee and she was able to get back on her geles, Philadelphia, and Seattle, and in on Finance. feet. many States. THE CHILD SUPPORT ASSURANCE ACT OF 1995 Equally important, the compromise CHILD SUPPORT AND POVERTY ∑ will ensure the ongoing stability of the Mr. DODD. Mr. President, I reintro- duce a piece of legislation whose sub- Unfortunately, the reality today is existing AIDS care system in areas of that there are far too many families the country with the greatest inci- ject should be central to our debate over welfare reform. I say this because out there like Ms. Jensen’s. And far too dence of AIDS. The HIV epidemic in many children are plunged into pov- New York, San Francisco, Miami, and the Child Support Assurance Act of 1995 promotes work, family, self-suffi- erty when their parents do not live up Newark is far from over—and in many ciency, and personal responsibility. At to their responsibilities. The poverty ways, the worst is yet to come. rate for single-parent families headed This legislation represents a com- the same time, it seeks to put a stop to by women is nearly 33 percent. This promise, and like most compromises, it one of the principal causes of child pov- compares to a poverty rate of under 8 is not perfect and it will not please ev- erty in this country, lack of financial support from absent parents. I am de- percent for two-parent families. eryone. But on balance—it is a good lighted to be joined in this effort by my bill—and its enactment will benefit all Why is the poverty rate so high for colleague from West Virginia, Senator people living with HIV everywhere in households led by single women? The ROCKEFELLER, who has long been a the Nation. We have sought common primary reason is a lack of support champion of children’s causes and this ground. We have listened to those on from absent fathers—42 percent of sin- concept in particular. the frontlines. We have attempted to gle mothers do not even have child sup- support their efforts, not tie their WELFARE REFORM, WELFARE PREVENTION port orders for their children. For poor I firmly believe we will not succeed hands. women, this figure is 57 percent. And Congress and the AIDS community in reforming welfare until we succeed even a child support order is no guar- must put aside political, geographic, in reforming child support. Of course, antee of support. In 1989, half of all we need welfare reform that will en- and institutional differences to face mother-led families with child support courage people to become self-suffi- this important challenge squarely and orders received no support at all or less cient and leave Government assistance. successfully. The structure of the than the amount due. But just as important, we need welfare CARE Act—affirmed in this reauthor- prevention policies to allow people to We have known for some time now ization—provides a sound and solid avoid welfare in the first place. We that our child support system needs a foundation on which to build that need to seriously ask ourselves, what major overhaul. The Child Support unity. can we as a nation do to support fami- Amendments of 1984 and the Family Hundreds of health, social service, lies in danger of sliding into poverty? Support Act of 1988 made modest im- labor, and religious organizations At or near the top of our list of an- provements. For every 100 child sup- helped to shape the act’s provisions swers should be putting some teeth and port cases in 1983, there were 15 in and have made its promise a reality. some assurances into our child support which there was a collection. In 1990, The act has been praised by Governors, system. Lack of child support is one of there were 18. Out of 100, 15 to 18 is a mayors, county executives, and local the principal causes of poverty for one- step in the right direction, but we and State AIDS directors and health parent families. The Census Bureau il- clearly have a long, long way to go. officers. It has required all levels of lustrated this fact when it estimated ENFORCEMENT AND ASSURANCE CRITICAL government to join together in pro- that between 1984 and 1986 approxi- viding services and resources. And suc- mately half a million children fell into As the Senate considers proposals for cess stories of this coordination are poverty after their father left home. welfare reform, I suggest that putting now plentiful. In 1989 alone, the children and single teeth into our child support enforce- Community-based AIDS service orga- parents of America were owed $5.1 bil- ment system is absolutely critical to nizations and people living with HIV lion in unpaid child support. If every the goal of moving people off welfare have had critically important roles in single-parent family had an award and and into self-sufficiency. the development and implementation the awards were paid in full, it would of humane and cost-effective service It is time for us to stop this slide to- mean $30 billion a year for the children ward public assistance by insisting delivery networks responsive to local of America. Can you imagine the dif- needs. that parents meet the responsibilities ference it would make if our kids re- they have for the children they bring Although the resources fall far short ceived the sums they are being cheated of meeting the growing need, the act is into the world. The children of Amer- out of annually? ica will be the true winners of such a working. It has provided life-saving Connecticut is no different from any policy, but the taxpayers will also care and support for hundreds of thou- other State. Despite a child support en- come out ahead because of reduced wel- sands of individuals and families af- forcement system that ranks among fare expenditures. Toward this end, fected by HIV and AIDS. Through its the best in the Nation, its child sup- Senator BRADLEY, myself, and others unique structure, it has quickly and ef- port delinquencies now total nearly have introduced a tough enforcement ficiently directed assistance to those half a billion dollars. That is half a bil- bill, supported by Members on both who need it most. lion dollars in a State of only 31⁄2 mil- The Ryan White CARE Reauthoriza- lion people. sides of the aisle. tion Act, however, is about more than The clear connection between child The bill I am introducing today Federal funds and health care services. support and welfare was illustrated would take us further down the road

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4733 toward an effective child support sys- (3) family dissolution often brings the eco- (ii) the number of cases in which child sup- tem. It would create incentives for re- nomic consequence of a lower standard of port orders are obtained; and sponsible behavior: incentives for cus- living for the custodian and children; (iii) the number of cases with child support todial parents to seek child support or- (4) children are nearly twice as likely to be orders in which collections are made; and in poverty after a family dissolution as be- (C) to the maximum extent possible under ders, incentives for noncustodial par- fore a family dissolution; current law, will use Federal, State, and ents to follow those orders, and incen- (5) one-fourth of the single mothers who local job training assistance to assist indi- tives for States to make sure this are owed child support receive none and an- viduals who have been determined to be un- whole process works. As a last resort, other one-fourth of such mothers receive able to meet such individuals’ child support it would provide a minimum level of only partial child support payments; obligations; support for all children not living with (6) single mothers above and below the pov- (7) describe the extent to which multiple both parents. erty line are equally likely to receive none agencies, including those responsible for ad- of the child support they are owed; and ministering the Aid to Families With De- Right now, the poor children of (7) the failure of children to receive an ade- America are the ones paying for the pendent Children Program under part A of quate level of child support limits the ability title IV of the Social Security Act and child failings of our families and the failings of such children to thrive and to develop support collection, enforcement, and pay- of our child support system. It is my their potential and leads to long-term soci- ment under part D of such title, will be in- view that the welfare reform bill etal costs in terms of health care, welfare, volved in the design and operation of the passed by the House of Representatives and loss in labor force productivity. child support assurance project; and last week takes us further in the direc- (b) PURPOSE.—It is the purpose of this Act (8) contain such other information as the to enable participating States to establish Secretary may require by regulation. tion of punishing children. I strongly child support assurance systems in order to believe that welfare reform that does improve the economic circumstances of chil- (c) USE OF FUNDS.—A State shall use not try to prevent families from slip- dren who do not receive a minimum level of amounts provided under a grant awarded ping into welfare dependency is child support from the noncustodial parents under this section to carry out a child sup- doomed to failure. of such children and to strengthen the estab- port assurance project designed to provide a lishment and enforcement of child support RIGOROUS REQUIREMENTS minimum monthly child support benefit for awards. The child support assurance ap- each eligible child in the State to the extent The child support assurance bill proach is structured on a demonstration would authorize demonstration grants that such minimum child support is not paid basis in order to implement and evaluate dif- in a month by the noncustodial parent. to six States for use in guaranteeing ferent options with respect to the provision child support benefits. Participating of intensive support services and mecha- (d) REQUIREMENTS.— States would have to meet a rigorous nisms for administering the program on a (1) IN GENERAL.—A child support assurance set of requirements. To qualify, States national basis. project funded under this section shall pro- SEC. 3. ESTABLISHMENT OF CHILD SUPPORT AS- vide that— would already have to be doing a good SURANCE DEMONSTRATION (A) any child (as defined in paragraph (2)) job of collecting child support and PROJECTS. with a living noncustodial parent for whom a would have to be at, or above, the na- (a) IN GENERAL.—In order to encourage child support order has been sought (as de- tional median for paternity establish- States to provide a guaranteed minimum fined in paragraph (3)) or obtained and any ment. And during the course of the level of child support for every eligible child child who meets ‘‘good cause’’ criteria for grant, the State would have to show not receiving such support, the Secretary of not seeking or enforcing a support order is Health and Human Services (hereafter in eligible for the assured child support benefit; real, measurable improvement in pa- this section referred to as the ‘‘Secretary’’) ternity establishment, child support (B) the assured child support benefit shall shall make grants to not more than 6 States be paid promptly to the custodial parent at orders, and collections. to conduct demonstration projects for the least once a month and shall be— Just as the Child Support Assurance purpose of establishing or improving a sys- (i) an amount determined by the State Act calls on participating States to tem of assured minimum child support pay- which is— meet their obligations, it would do the ments in accordance with this section. (I) not less than $1,500 per year for the first (b) CONTENTS OF APPLICATION.—An applica- child, $1,000 per year for the second child, same for participating families. To tion for a grant under this section shall be and $500 per year for the third and each sub- qualify, the custodial parent would submitted by the Chief Executive Officer of a have to possess, or be seeking, a child State and shall— sequent child; and support award or have a good reason (1) contain a description of the proposed (II) not more than $3,000 per year for the not to. child support assurance project to be estab- first child and $1,000 per year for the second and each subsequent child; We hope that this approach will serve lished, implemented, or improved using amounts provided under this section, includ- (ii) offset and reduced to the extent that as a model for the country. To test this the custodial parent receives child support in proposition, the Department of Health ing the level of the assured benefit to be pro- vided, the specific activities to be under- a month from the noncustodial parent; and Human Services would conduct 3- taken, and the agencies that will be in- (iii) indexed and adjusted for inflation; and and 5-year evaluations of the dem- volved; (iv) in the case of a family of children with onstration programs to gauge the effec- (2) specify whether the project will be car- multiple noncustodial parents, calculated in tiveness of the approach. ried out throughout the State or in limited the same manner as if all such children were I hope my colleagues will join Sen- areas of the State; full siblings, but any child support payment from a particular noncustodial parent shall ator ROCKEFELLER and me in sup- (3) estimate the number of children who will be eligible for assured minimum child only be applied against the assured child porting this legislation and demanding support benefit for the child or children of that we all meet our responsibilities to support payments under the project, and the amounts to which they will be entitled on that particular noncustodial parent; America’s children. average as individuals and in the aggregate; (C) for purposes of determining the need of Mr. President, I ask unanimous con- (4) describe the child support guidelines a child or relative and the level of assist- sent that the full text of this bill be and review procedures which are in use in ance, one-half of the amount received as a printed in the RECORD. the State and any expected modifications; child support payment shall be disregarded There being no objection, the mate- (5) contain a commitment by the State to from income until the total amount of child rial was ordered to be printed in the carry out the project during a period of not support and Aid to Families With Dependent Children benefit received under part A of RECORD, as follows: less than 3 and not more than 5 consecutive fiscal years beginning with fiscal year 1997; title IV of the Social Security Act equals the S. 642 (6) contain assurances that the State— income official poverty line (as defined by Be it enacted by the Senate and House of Rep- (A) is currently at or above the national the Office of Management and Budget, and resentatives of the United States of America in median paternity establishment percentage revised annually in accordance with section Congress assembled, (as defined in section 452(g)(2) of the Social 673(2) of the Omnibus Budget Reconciliation SECTION 1. SHORT TITLE. Security Act (42 U.S.C. 652(g)(2)); Act of 1981) that is applicable to a family of This Act may be cited as the ‘‘Child Sup- (B) will improve the performance of the the size involved; port Assurance Act of 1995’’. agency designated by the State to carry out (D) in the event that the family as a whole SEC. 2. FINDINGS AND PURPOSE. the requirements under part D of title IV of becomes ineligible for aid to families with (a) FINDINGS.—The Congress finds that— the Social Security Act by at least 4 percent dependent children under part A of title IV (1) the number of single-parent households each year in which the State operates a child of the Social Security Act due to consider- has increased significantly; support assurance project under this section ation of assured child support benefits, the (2) there is a high correlation between in— continuing eligibility of the caretaker for childhood poverty and growing up in a sin- (i) the number of cases in which paternity aid to families with dependent children gle-parent household; is established when required; under such title shall be calculated without

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4734 CONGRESSIONAL RECORD — SENATE March 28, 1995 consideration of the assured child support Secretary may terminate a project before meets the improvements specified in sub- benefit; and the end of such period if the Secretary deter- section (b)(6)(B). (E) in order to participate in the child sup- mines that the State conducting the project (k) COORDINATION WITH CERTAIN MEANS- port assurance project, the child’s caretaker is not in substantial compliance with the TESTED PROGRAMS.—For purposes of— shall apply for services of the State’s child terms of the application approved by the (1) the United States Housing Act of 1937 support enforcement program under part D Secretary under this section. (42 U.S.C. 1437 et seq.); of title IV of the Social Security Act. (g) COST SAVINGS RECOVERY.—The Sec- (2) title V of the Housing Act of 1949 (42 (2) DEFINITION OF CHILD.—For purposes of retary shall develop a methodology to iden- U.S.C. 1471 et seq.); this section, the term ‘‘child’’ means an indi- tify any State cost savings realized in con- (3) section 101 of the Housing and Urban vidual who is of such an age, disability, or nection with the implementation of a child Development Act of 1965 (12 U.S.C. 1701s); educational status as to be eligible for child support assurance project conducted under (4) sections 221(d)(3), 235, and 236 of the Na- support as provided for by the law of the this Act. Any such savings realized as a re- tional Housing Act (12 U.S.C. 1715l(d)(3), State in which such individual resides. sult of the implementation of a child support 1715z, 1715z–1); (3) DETERMINATION OF SEEKING A CHILD SUP- assurance project shall be utilized for child (5) the Food Stamp Act of 1977 (7 U.S.C. PORT ORDER.—For purposes of this section, a support enforcement improvements or ex- 2011 et seq.); child support order shall be deemed to have pansions and improvements in the Aid to (6) title XIX of the Social Security Act (42 been ‘‘sought’’ where an individual has ap- Families With Dependent Children Program U.S.C. 1396 et seq.); and plied for services from the State agency des- conducted under part A of title IV of the So- (7) child care assistance provided through— ignated by the State to carry out the re- cial Security Act within the participating (A) part A of title IV of the Social Security quirements of part D of title IV of the Social State. Act (42 U.S.C. 601 et seq.); (h) EVALUATION AND REPORT TO CON- Security Act or has sought a child support (B) the Child Care and Development Block GRESS.— order through representation by private or Grant Act of 1990 (42 U.S.C. 9858 et seq.); or (1) EVALUATION.—The Secretary shall con- public counsel or pro se. (C) title XX of the Social Security Act (42 duct an evaluation of the effectiveness of the (e) CONSIDERATION AND PRIORITY OF APPLI- U.S.C. 1397 et seq.), demonstration projects funded under this CATIONS.— any payment made to an individual within section. The evaluation shall include an as- (1) SELECTION CRITERIA.—The Secretary the demonstration project area for child sup- sessment of the effect of an assured benefit shall consider all applications received from port up to the amount which an assured States desiring to conduct demonstration on— child support benefit would provide shall not projects under this section and shall approve (A) income from nongovernment sources be treated as income and shall not be taken not more than 6 applications which appear and the number of hours worked; into account in determining resources for likely to contribute significantly to the (B) the use and amount of government sup- the month of its receipt and the following achievement of the purpose of this section. ports; month. In selecting States to conduct demonstration (C) the ability to accumulate resources; (l) TREATMENT OF CHILD SUPPORT BEN- projects under this section, the Secretary (D) the well-being of the children, includ- EFIT.—Any assured child support benefit re- shall— ing educational attainment and school be- ceived by an individual under this Act shall (A) ensure that the applications selected havior; and be considered child support for purposes of represent a diversity of minimum benefits (E) the State’s rates of establishing pater- the Internal Revenue Code of 1986. distributed throughout the range specified in nity and support orders and of collecting (m) AUTHORIZATION OF APPROPRIATIONS.— subsection (d)(1)(B)(i); support. There are authorized to be appropriated such (B) consider the geographic dispersion and (2) REPORTS.—Three and 5 years after com- sums as may be necessary in each of fiscal variation in population of the applicants; mencement of the demonstration projects, years 1996, 1997, 1998, 1999, 2000, and 2001 to (C) give priority to States with applica- the Secretary shall submit an interim and carry out the purposes of this Act.∑ tions that demonstrate— final report based on the evaluation to the (i) significant recent improvements in— Committee on Finance and the Committee ∑ Mr. ROCKEFELLER. Mr. President, (I) establishing paternity and child support on Labor and Human Resources of the Sen- as we focus on the issues of welfare re- awards; ate, and the Committee on Ways and Means form and child support enforcement, I (II) enforcement of child support awards; and the Committee on Economic and Edu- am proud to join my distinguished col- and cational Opportunities of the House of Rep- league from Connecticut, Senator (III) collection of child support payments; resentatives concerning the effectiveness of CHRIS DODD, in introducing a dem- (ii) a record of effective automation; and the child support assurance projects funded (iii) that efforts will be made to link child under this section. onstration project to explore the mer- support systems with other service delivery (i) STATE REPORTS.—The Secretary shall its of child support assurance. This is a systems; require each State that conducts a dem- bipartisan idea to ensure minimum (D) ensure that the proposed projects will onstration project under this section to an- support to single parents as a way to be of a size sufficient to obtain a meaningful nually report such information on the promote work and responsibility. measure of the effects of child support assur- project’s operation as the Secretary may re- I first became interested in the inno- ance; quire, except that all such information shall vative idea of child support assurance be reported according to a uniform format (E) give priority, first, to States intending as Chairman of the bipartisan National to operate a child support assurance project prescribed by the Secretary. on a statewide basis, and, second, to States (j) RESTRICTIONS ON MATCHING AND USE OF Commission on Children which en- that are committed to phasing in an expan- FUNDS.— dorsed a demonstration of child sup- sion of such project to the entire State, if in- (1) IN GENERAL.—A State conducting a port assurance in its unanimous 1991 terim evaluations suggest such expansion is demonstration project under this section report, ‘‘Beyond Rhetoric, a New Amer- warranted; and shall be required— ican Agenda for Children and Fami- (F) ensure that, if feasible, the States se- (A) except as provided in paragraph (2), to lies.’’ lected use a variety of approaches for child provide not less than 20 percent of the total amounts expended in each calendar year of The Commission urged the Federal support guidelines. Government, in partnership with sev- (2) REQUIREMENTS FOR GRANTEES.—Of the the project to pay the costs associated with States selected to participate in the dem- the project funded under this section; eral States, to undertake a demonstra- onstration projects conducted under this sec- (B) to maintain its level of expenditures tion to design and test the effects of an tion, the Secretary shall require, if feasible— for child support collection, enforcement, assured child support plan that com- (A) that at least 2 provide intensive inte- and payment at the same level, or at a high- bines enhanced child support enforce- grated social services for low-income partici- er level, than such expenditures were prior ment with a Government-insured min- pants in the child support assurance project, to such State’s participation in a demonstra- imum benefit for children. for the purpose of assisting such participants tion project provided by this section; and (C) to maintain the Aid to Families With Under our demonstration, eligible in improving their employment, housing, parents would have to have a child sup- health, and educational status; and Dependent Children benefits provided under (B) that at least 2 have adopted the Uni- part A of title IV of the Social Security Act port award in place or be fully cooper- form Interstate Family Support Act. at the same level, or at a higher level, as the ating in establishing paternity which (f) DURATION.—During fiscal year 1996, the level of such benefits on the date of the en- would create a real incentive for par- Secretary shall develop criteria, select the actment of this Act. ents to get a child support award. Once States to participate in the demonstration, (2) EXCEPTION.—A State participating in a such an award is established, the Fed- and plan for the evaluation required under demonstration project under this section eral and State Government can aggres- subsection (h). The demonstration projects may provide not less than 10 percent of the conducted under this section shall com- total amounts expended to pay the costs as- sively seek to collect the payments mence on October 1, 1996, and shall be con- sociated with the project funded under this from absent parents. But the minimum ducted for not less than 3 and not more than section in years after the first year such assured benefit will protect the inno- 5 consecutive fiscal years, except that the project is conducted in a State if the State cent child from hardship and economic

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4735 uncertainty when one parent is shirk- The Government has a role to play in S. 643. A bill to assist in imple- ing his/her obligation. ensuring that parents accept their fi- menting the plan of action adopted by Such stable, consistent support is nancial obligations to support their the World Summit for Children; to the vital for children. A 1994 study by the children. This does not ignore or dis- Committee on Foreign Relations. National Institute of Child Health and count the importance of emotional sup- WORLD SUMMIT FOR CHILDREN Human Development noted that chil- port from both parents. But realisti- IMPLEMENTATION ACT dren of single-parent families are at in- cally, the Federal Government is lim- creased risk. It notes that the single ited in its ability to address parental Mr. JEFFORDS. Mr. President, I rise most important factor in accounting involvement and emotional support. I today to introduce, on behalf of myself for the lower achievement of children support other legislation to encourage and Senator MURRAY, the James P. in single-parent families is poverty and demonstrations projects to improve Grant World Summit for Children Im- economic insecurity. Income dif- meditation and visitation issues among plementation Act of 1995. ferences account for half of the in- parents as way to respond to this other This is a bill designed to help the creased risk for disadvantages. The re- key facet. United States implement its commit- But the Federal Government can searchers noted that because income is ment to our children and to children at have a major effect on child support such an important factor in the in- risk throughout the world. creased risk for disadvantages among enforcement and child support assur- In 1990, the United States and 158 children in single-parent families, poli- ance. It must be involved because fami- other nations participated in the World cies that serve to minimize the nega- lies that do not get the child support Summit for Children at which they tive economic impact on children may payments they deserve, often turn to Federal assistance programs including signed a plan of action setting goals to help reduce their difficulties. The National Child Support Assur- Aid to Families with Dependent Chil- be reached by the year 2000. Those ance Consortium issued a compelling dren [AFDC] and food stamps to make goals were: To reduce child death rates ends meet. Instead of allowing families report called ‘‘Childhood’s End’’ in by at least one-third; to reduce mater- to slip into dependency, I believe it January 1993 that outlined what hap- nal deaths and child malnutrition by would be better to invest in systems pens to children when child support one-half; to provide all children access and incentives to collect the more than payments are missing, or just plain to basic education; to provide all fami- $30 billion in unpaid child support. late. Let me share just a few of the re- lies access to clean water, safe sanita- I want to emphasize that this is a bi- tion, and family planning information; port’s significant findings about what partisan idea intended to promote happens to children when child support and to reduce medical costs for chil- work and independence. In its 1991 re- dren. is not paid. port, ‘‘Moving Ahead: Initiatives for Fifty-five percent of mothers re- Expanding Opportunity in America,’’ Our legislation also urges full fund- ported that their children missed reg- the House Wednesday Group rec- ing by the year 2001 for Head Start, a ular health check-ups; ommended Federal funding for large- program that dramatically improves Thirty-six percent of mothers re- scale demonstrations of child support the performance of children in their ported that their children did not get assurance and time-limited welfare. early years in school. medical care when they became ill; and The report notes that: Internationally, this bill would shift Fifty-seven percent of the mothers Child support assurance has several attrac- funds within the U.S. foreign assist- reported that their children lost their tive features. First it is not welfare. The ance budget to meet the urgent needs regular child care. benefit would be universal; all single-parent of children. Specifically, it would in- The list goes and on, and it is tragic families would be eligible for the assured crease allocations in foreign assistance that absent parents are not living up to benefit. For most families, the absent parent for a few cost-effective programs: Child their financial obligations and placing would pay more than the assured benefit; the survival, basic education, nutrition their own children at risk. President government would then recapture its expend- iture and the rest would be forwarded to the programs, UNICEF, AIDS prevention, Clinton estimates that 800,000 people child. For families in which the absent par- CARE, refugee assistance, and family could leave the welfare system and de- ent did not pay at least the amount of the planning. pendency if they were paid the child assured benefit, the government would pay support that they are owed. It is wrong the amount guaranteed to the child and then If we are truly concerned about the to penalize these families and push attempt to recoup its outlays by vigorous kind of future we leave for our chil- them into dependency. Rather we must child support enforcement. One way to think dren, we must look beyond our borders aggressively move on child support en- of the assured benefit, then, is government’s to the world they will inherit as they commitment to guarantee at least a given come of age. If we want our Nation to forcement and explore the benefits of level of cash support to all custodial parents. providing a minimum Government ben- The assured benefit can also be seen as a be prosperous, we must invest in our efit in cases where our State enforce- program that encourages independence . . . future. In times of fiscal restraint, it is ment efforts fail to timely collect child The assured benefit is a blanket of insulation more important than ever we clearly support owed to children. between a single mother and dependency on focus on our top priorities. Children, As Chairman of the National Com- welfare. Equally important, unlike welfare both here and throughout the world, mission on Children, I want to put this payments, the assured benefit may have the are the top priority. attractive feature of minimizing work dis- child support assurance demonstration incentive. Mrs. MURRAY. Mr. President, I am project into perspective. Our bipartisan While noting some questions about proud to join my colleague from commission report clearly stated that child support assurance, the House Vermont, Senator JEFFORDS, in intro- children do best in stable, two-percent Wednesday Group did support a dem- ducing the James P. Grant World Sum- families. I wish that every child could onstration project to test the potential mit for Children Implementation Act grow up in a caring home with both of this innovative concept. Other of 1995. I take this opportunity to com- parents and financial security. groups supporting our proposal include: mend Senator JEFFORDS for his leader- But in reality, over 15.7 million chil- the Center for Law and Social Policy, ship on this issue, and I am proud to be dren are living in a single-parent the Women’s Legal Defense Fund, and associated with this effort. household and in need of child support. the Children’s Defense Fund. Because the nations of the world Demographers warn us that 1 out of Mr. President, as we consider dra- every 2 children growing up today will have become so interdependent, there matic reform of our welfare system, we can be no doubt that the well-being of spend some time living with only one also should focus on child support en- parent; and, therefore, half of children children around the globe affects us forcement and child support assurance here in the United States. Children are today will depend on child support at as promising alternatives to promote some point. the foundation of our society, of our responsibility and work over welfare economy, of our future. I strongly believe that both parents— and dependence.∑ mothers and fathers—have a moral ob- It seems obvious, then, that we would ligation to financially and emotionally By Mr. JEFFORDS (for himself provide adequately for the world’s chil- support their children. and Mrs. MURRAY): dren, but sadly we do not.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4736 CONGRESSIONAL RECORD — SENATE March 28, 1995 According to UNICEF, every week, tack and misunderstood. While foreign S. 565 more than 250,000 children die of easily aid has never been popular, it has al- At the request of Mr. PRESSLER, the preventable illness and malnutrition. ways served our Nation well. The names of the Senator from Montana Every day, measles, whooping cough, money needed to support the kinds of [Mr. BURNS] and the Senator from Wyo- and tetanus—all of which can be pre- programs we are concerned about in ming [Mr. THOMAS] were added as co- vented by an inexpensive course of vac- this bill is not large in the scope of our sponsors of S. 565, a bill to regulate cines—kill nearly 8,000 children. budget—indeed, our total foreign aid interstate commerce by providing for a Every day, diarrheal dehydration— program represents less than 1 percent uniform product liability law, and for preventable at almost no cost—kills al- of our entire Federal budget. In my other purposes. most 7,000 children. view, our foreign aid dollars are best S. 578 Every day, pneumonia—fully treat- spent when we are investing in pro- able by low-cost antibiotics—kills At the request of Mr. D’AMATO, the grams that strengthen families around name of the Senator from Delaware more than 6,000 children. the globe, and give a special helping And for every child that dies, several [Mr. BIDEN] was added as a cosponsor of hand to women and children. S. 578, a bill to limit assistance for more live on with poor growth, ill For these reasons, I urge my col- Turkey under the Foreign Assistance health, and diminished potential. leagues to join Senator JEFFORDS and Act of 1961 and the Arms Export Con- The world’s political leadership can me in support of this important legisla- trol Act until that country complies ill-afford to ignore these statistics. We tion. are all in this together. The success or with certain human rights standards. f failure of economies thousands of miles S. 631 away can directly affect us here at ADDITIONAL COSPONSORS At the request of Mr. LAUTENBERG, home. This is especially true in my S. 5 his name was added as a cosponsor of trade-dependent home State of Wash- At the request of Mr. DOLE, the S. 631, a bill to prevent handgun vio- ington. names of the Senator from Minnesota lence and illegal commerce in firearms. As the old saying goes, we are only as [Mr. GRAMS] and the Senator from New strong as our weakest link. If our trad- York [Mr. D’AMATO] were added as co- f ing partners in Asia or Latin America sponsors of S. 5, a bill to clarify the cannot provide the necessary education war powers of Congress and the Presi- SENATE RESOLUTION 95—REL- or health care for their children, we dent in the post-cold war period. ATIVE TO COMMITTEE APPOINT- MENT will not have strong partners to trade S. 254 with in the next generation. And in the At the request of Mr. LOTT, the name Mr. DASCHLE submitted the fol- end, alleviating poverty promotes eco- of the Senator from California [Mrs. lowing resolution; which was consid- nomic development, which serves us FEINSTEIN] was added as a cosponsor of ered and agreed to: all. S. 254, a bill to extend eligibility for S. RES. 95 So it is extremely important that we veterans’ burial benefits, funeral bene- continue to work to implement the Resolved, That the following shall con- fits, and related benefits for veterans of stitute the minority party’s membership on plan of action adopted at the 1990 U.N. certain service in the United States World Summit for Children, which the following Senate committees for the merchant marine during World War II. 104th Congress, or until their successors are rightly placed the needs of children at S. 256 appointed: the top of the world’s development At the request of Mr. DOLE, the Energy and Natural Resources: Mr. John- agenda. names of the Senator from Kentucky ston, Mr. Bumpers, Mr. Ford, Mr. Bradley, That is why Senator JEFFORDS and I [Mr. FORD] and the Senator from Texas Mr. Bingaman, Mr. Akaka, Mr. Wellstone, are introducing the James P. Grant Mr. Heflin, and Mr. Dorgan. [Mrs. HUTCHISON] were added as cospon- Veterans’ Affairs: Mr. Rockefeller, Mr. World Summit for Children Implemen- sors of S. 256, a bill to amend title 10, tation Act of 1995, legislation that sup- Graham, Mr. Akaka, Mr. Dorgan, and Mr. United States Code, to establish proce- Wellstone. ports life-saving, cost-effective pro- dures for determining the status of cer- grams to protect the health and well- tain missing members of the Armed f being of children worldwide. Forces and certain civilians, and for The world’s children have a right to other purposes. AMENDMENTS SUBMITTED adequate nutrition, full immunization, education, and health care. The United S. 442 States must continue to lead the world At the request of Ms. SNOWE, the in promoting that message. name of the Senator from Wyoming THE REGULATORY TRANSITION To reach children, of course, we must [Mr. SIMPSON] was added as a cosponsor ACT OF 1995 reach out to the world’s women—who of S. 442, a bill to improve and are often overlooked in traditional de- strengthen the child support collection system, and for other purposes. velopment programs. Fortunately, the NICKLES (AND OTHERS) S. 530 World Summit for Children recognized AMENDMENT NO. 410 that to improve the lot of the world’s At the request of Mr. GREGG, the Mr. NICKLES (for himself, Mr. REID, children, the status of the world’s name of the Senator from Missouri Mr. BOND, and Mrs. HUTCHISON) pro- women also had to improve. [Mr. ASHCROFT] was added as a cospon- For example, recognizing the impor- sor of S. 530, a bill to amend the Fair posed an amendment to the bill (S. 219) tant link between child survival and Labor Standards Act of 1938 to permit to ensure economy and efficiency of family planning, the world summit for State and local government workers to Federal Government operations by es- children called for universal access to perform volunteer services for their tablishing a moratorium on regulatory family planning education and services employer without requiring the em- rulemaking actions, and for other pur- by the end of this decade. ployer to pay overtime compensation, poses; as follows: Family planning saves the lives of and for other purposes. Strike out all after the enacting clause and both women and children. We know S. 539 insert in lieu thereof the following: that babies born in quick succession, to At the request of Mr. COCHRAN, the SECTION 1. SHORT TITLE. a mother whose body has not yet re- names of the Senator from Mississippi This Act may be cited as the ‘‘Regulatory covered from a previous birth, are the [Mr. LOTT], the Senator from South Transition Act of 1995’’. least likely to survive. Increasing Carolina [Mr. THURMOND], the Senator SEC. 2. FINDING. funds in this area has been a top pri- from Alaska [Mr. MURKOWSKI], and the The Congress finds that effective steps for improving the efficiency and proper manage- Senator from New Mexico [Mr. BINGA- ority for me in my work in the U.S. ment of Government operations will be pro- Senate, and is addressed in the legisla- MAN] were added as cosponsors of S. moted if a moratorium on the effectiveness tion we are introducing today. 539, a bill to amend the Internal Rev- of certain significant final rules is imposed I realize that in this current political enue Code of 1986 to provide a tax ex- in order to provide Congress an opportunity climate, foreign aid is often under at- emption for health risk pools. for review.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4737 SEC. 3. MORATORIUM ON REGULATIONS; CON- convenes, section 4 shall apply to such rule (B) the rule is published in the Federal GRESSIONAL REVIEW. in the succeeding Congress. Register. (a) REPORTING AND REVIEW OF REGULA- (2) TREATMENT UNDER SECTION 4.— (c) DISCHARGE.—If the committee to which TIONS.— (A) In applying section 4 for purposes of is referred a resolution described in sub- (1) REPORTING TO CONGRESS.— such additional review, a rule described (A) Before a rule can take effect as a final section (a) has not reported such resolution under paragraph (1) shall be treated as (or an identical resolution) at the end of 20 rule, the Federal agency promulgating such though— rule shall submit to each House of the Con- calendar days after the submission or publi- (i) such rule were published in the Federal cation date defined under subsection (b)(2), gress a report containing— Register (as a rule that shall take effect as (i) a copy of the rule; such committee may be discharged by the a final rule) on the 15th session day after the Majority Leader of the Senate or the Major- (ii) a concise general statement relating to succeeding Congress first convenes; and ity Leader of the House of Representatives, the rule; (ii) a report on such rule were submitted to as the case may be, from further consider- (iii) the proposed effective date of the rule; Congress under subsection (a)(1) on such ation of such resolution and such resolution and date. shall be placed on the appropriate calendar (iv) a complete copy of the cost-benefit (B) Nothing in this paragraph shall be con- of the House involved. analysis of the rule, if any. strued to affect the requirement under sub- (B) Upon receipt, each House shall provide section (a)(1) that a report must be sub- (d) FLOOR CONSIDERATION.— copies to the Chairman and Ranking Member mitted to Congress before a final rule can (1) IN GENERAL.—When the committee to of each committee with jurisdiction. take effect. which a resolution is referred has reported, (2) EFFECTIVE DATE OF SIGNIFICANT RULES.— (3) ACTUAL EFFECTIVE DATE NOT AF- or when a committee is discharged (under A significant rule relating to a report sub- FECTED.—A rule described under paragraph subsection (c)) from further consideration of, mitted under paragraph (1) shall take effect (1) shall take effect as a final rule as other- a resolution described in subsection (a), it is as a final rule, the latest of— wise provided by law (including other sub- at any time thereafter in order (even though (A) the later of the date occurring 45 days sections of this section). a previous motion to the same effect has after the date on which— (e) TREATMENT OF RULES ISSUED BEFORE been disagreed to) for a motion to proceed to (i) the Congress receives the report sub- THIS ACT.— the consideration of the resolution, and all mitted under paragraph (1); or (1) OPPORTUNITY FOR CONGRESSIONAL RE- points of order against the resolution (and (ii) the rule is published in the Federal VIEW.—The provisions of section 4 shall apply against consideration of resolution) are Register; to any significant rule that is published in waived. The motion is not subject to amend- (B) if the Congress passes a joint resolution the Federal Register (as a rule that shall ment, or to a motion to postpone, or to a of disapproval described under section 4 re- take effect as a final rule) during the period motion to proceed to the consideration of lating to the rule, and the President signs a beginning on November 20, 1994, through the other business. A motion to reconsider the veto of such resolution, the earlier date— date on which this Act takes effect. vote by which the motion is agreed to or dis- (i) on which either House of Congress votes (2) TREATMENT UNDER SECTION 4.—In apply- agreed to shall not be in order. If a motion and fails to override the veto of the Presi- ing section 4 for purposes of Congressional to proceed to the consideration of the resolu- dent; or review, a rule described under paragraph (1) tion is agreed to, the resolution shall remain (ii) occurring 30 session days after the date shall be treated as though— the unfinished business of the respective on which the Congress received the veto and (A) such rule were published in the Federal House until disposed of. objections of the President; or Register (as a rule that shall take effect as (2) DEBATE.—Debate on the resolution, and (C) the date the rule would have otherwise a final rule) on the date of the enactment of on all debatable motions and appeals in con- taken effect, if not for this section (unless a this Act; and nection therewith, shall be limited to not joint resolution of disapproval under section (B) a report on such rule were submitted to more than 10 hours, which shall be divided 4 is enacted). Congress under subsection (a)(1) on such equally between those favoring and those op- (3) EFFECTIVE DATE FOR OTHER RULES.—Ex- date. posing the resolution. A motion further to cept for a significant rule, a rule shall take (3) ACTUAL EFFECTIVE DATE NOT AF- limit debate is in order and not debatable. effect as otherwise provided by law after sub- FECTED.—The effectiveness of a rule de- An amendment to, or a motion to postpone, mission to Congress under paragraph (1). scribed under paragraph (1) shall be as other- or a motion to proceed to the consideration (b) TERMINATION OF DISAPPROVED RULE- wise provided by law, unless the rule is made of other business, or a motion to recommit MAKING.—A rule shall not take effect (or con- of no force or effect under section 4. the resolution is not in order. (f) NULLIFICATION OF RULES DISAPPROVED tinue) as a final rule, if the Congress passes (3) FINAL PASSAGE.—Immediately following BY CONGRESS.—Any rule that takes effect a joint resolution of disapproval described the conclusion of the debate on a resolution and later is made of no force or effect by the under section 4. described in subsection (a), and a single enactment of a joint resolution under sec- (c) PRESIDENTIAL WAIVER AUTHORITY.— quorum call at the conclusion of the debate tion 4 shall be treated as though such rule (1) PRESIDENTIAL DETERMINATIONS.—Not- if requested in accordance with the rules of withstanding any other provision of this sec- had never taken effect. (g) NO INFERENCE TO BE DRAWN WHERE the appropriate House, the vote on final pas- tion (except subject to paragraph (3)), a rule sage of the resolution shall occur. that would not take effect by reason of this RULES NOT DISAPPROVED.—If the Congress does not enact a joint resolution of dis- (4) APPEALS.—Appeals from the decisions Act may take effect, if the President makes approval under section 4, no court or agency of the Chair relating to the application of a determination under paragraph (2) and sub- may infer any intent of the Congress from the rules of the Senate or the House of Rep- mits written notice of such determination to any action or inaction of the Congress with resentatives, as the case may be, to the pro- the Congress. regard to such rule, related statute, or joint cedure relating to a resolution described in (2) GROUNDS FOR DETERMINATIONS.—Para- resolution of disapproval. subsection (a) shall be decided without de- graph (1) applies to a determination made by SEC. 4. CONGRESSIONAL DISAPPROVAL PROCE- bate. the President by Executive order that the DURE. REATMENT IF OTHER HOUSE HAS rule should take effect because such rule is— (e) T (a) JOINT RESOLUTION DEFINED.—For pur- ACTED.—If, before the passage by one House (A) necessary because of an imminent poses of this section, the term ″joint of a resolution of that House described in threat to health or safety or other emer- resolution″ means only a joint resolution in- subsection (a), that House receives from the gency; troduced after the date on which the report other House a resolution described in sub- (B) necessary for the enforcement of crimi- referred to in section 3(a) is received by Con- section (a), then the following procedures nal laws; or gress the matter after the resolving clause of shall apply: (C) necessary for national security. which is as follows: ‘‘That Congress dis- (1) NONREFERRAL.—The resolution of the (3) WAIVER NOT TO AFFECT CONGRESSIONAL approves the rule submitted by the ll re- other House shall not be referred to a com- DISAPPROVALS.—An exercise by the President lating to ll, and such rule shall have no mittee. of the authority under this subsection shall force or effect.’’ (The blank spaces being ap- (2) FINAL PASSAGE.—With respect to a reso- have no effect on the procedures under sec- propriately filled in.) lution described in subsection (a) of the tion 4 or the effect of a joint resolution of (b) REFERRAL.— House receiving the resolution— disapproval under this section. –– (1) IN GENERAL.—A resolution described in (d) TREATMENT OF RULES ISSUED AT END OF paragraph (1) shall be referred to the com- (A) the procedure in that House shall be CONGRESS.— mittees in each House of Congress with juris- the same as if no resolution had been re- (1) ADDITIONAL OPPORTUNITY FOR REVIEW.— diction. Such a resolution may not be re- ceived from the other House; but In addition to the opportunity for review ported before the eighth day after its sub- (B) the vote on final passage shall be on otherwise provided under this Act, in the mission or publication date. the resolution of the other House. case of any rule that is published in the Fed- (2) SUBMISSION DATE.—For purposes of this (f) CONSTITUTIONAL AUTHORITY.—This sec- eral Register (as a rule that shall take effect subsection the term ‘‘submission or publica- tion is enacted by Congress— as a final rule) during the period beginning tion date’’ means the later of the date on (1) as an exercise of the rulemaking power on the date occurring 60 days before the date which— of the Senate and House of Representatives, the Congress adjourns sine die through the (A) the Congress receives the report sub- respectively, and as such it is deemed a part date on which the succeeding Congress first mitted under section 3(a)(1); or of the rules of each House, respectively, but

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applicable only with respect to the procedure the Federal Reserve System or the Federal ‘‘(1) REPORTING TO CONGRESS AND THE to be followed in that House in the case of a Open Market Committee. COMPTROLLER GENERAL.— resolution described in subsection (a), and it SEC. 10. EFFECTIVE DATE. (A) Before a rule can take effect as a final supersedes other rules only to the extent This Act shall take effect on the date of rule, the Federal agency promulgating such that it is inconsistent with such rules; and the enactment of this Act and shall apply to rule submit to each House of the Congress (2) with full recognition of the constitu- any significant rule that takes effect as a and to the Comptroller General a report con- tional right of either House to change the final rule on or after such effective date. taining— rules (so far as relating to the procedure of (i) a copy of the rule; that House) at any time, in the same man- (ii) a concise general statement relating to ner, and to the same extent as in the case of HARKIN (AND OTHERS) the rule; and any other rule of that House. AMENDMENT NO. 411 (iii) the proposed effective date of the rule. SEC. 5. SPECIAL RULE ON STATUTORY, REGU- Mr. HARKIN (for himself, Mr. (B) The Federal agency promulgating the LATORY AND JUDICIAL DEADLINES. GRAHAM, and Mr. D’AMATO) proposed rule shall make available to each House of (a) IN GENERAL.—In the case of any dead- an amendment to amendment No. 410 Congress and the Comptroller General, upon line for, relating to, or involving any signifi- request: proposed by Mr. NICKLES to the bill S. cant rule which does not take effect (or the (i) a complete copy of the cost-benefit effectiveness of which is terminated) because 219, supra; as follows: analysis of the rule, if any; of the enactment of a joint resolution under At the appropriate place insert the fol- (ii) the agency’s actions relevant to section section 4, that deadline is extended until the lowing: 603, section 604 section 605 section 607, and date 12 months after the date of the joint SEC. . SENSE OF SENATE REGARDING AMER- section 609 of P.L. 96–354; resolution. Nothing in this subsection shall ICAN CITIZENS HELD IN IRAQ. (iii) the agency’s actions relevant to title be construed to affect a deadline merely by (a) FINDINGS.—The Senate makes the fol- II, section 202, section 203, section 204, and reason of the postponement of a rule’s effec- lowing findings: section 205 of P.L. 104–4; and tive date under section 3(a). (1) On Saturday, March 25, 1995, an Iraqi (iv) any other relevant information or re- EADLINE DEFINED.—The term ‘‘dead- (b) D court sentenced two Americans, William quirements under any other Act and any rel- line’’ means any date certain for fulfilling Barloon and David Daliberti, to eight years evant Executive Orders, such as Executive any obligation or exercising any authority imprisonment for allegedly entering Iraq Order 12866. established by or under any Federal statute without permission. (C) Upon receipt, each House shall provide or regulation, or by or under any court order (2) The two men were tried, convicted, and copies to the chairman and Ranking Member implementing any Federal statute or regula- sentenced in what was reported to be a very of each committee with jurisdiction. tion. brief period during that day with no other (2) REPORTING BY THE COMPTROLLER GEN- SEC. 6. DEFINITIONS. Americans present and with their only legal ERAL.— For purposes of this Act— counsel having been appointed by the Gov- (A) The Comptroller General shall provide (1) FEDERAL AGENCY.—The term ‘‘Federal ernment of Iraq. a report on each significant rule to the com- agency’’ means any ‘‘agency’’ as that term is (3) The Department of State has stated mittees of jurisdiction to each House of the defined in section 551(1) of title 5, United that the two Americans have committed no Congress by the end of 12 calendar days after States Code (relating to administrative pro- offense justifying imprisonment and has de- the submission or publication date as pro- cedure). manded that they be released immediately. vided in section 4(b)(2). The report of the (2) SIGNIFICANT RULE.—The term ‘‘signifi- (4) This injustice worsens already strained Comptroller General shall include an assess- cant rule’’ means any final rule, issued after relations between the United States and Iraq ment of the agency’s compliance with proce- November 9, 1994, that the Administrator of and makes resolution of differences with Iraq dural steps required with subsection (A)(iv) the Office of Information and Regulatory Af- more difficult. through (vii). fairs within the Office of Management and (b) SENSE OF SENATE.—The Senate strongly (B) Federal agencies shall cooperate with Budget finds— condemns the unjustified actions taken by the Comptroller General by providing infor- (A) has an annual effect on the economy of the Government of Iraq against American mation relevant to the Comptroller Gen- $100,000,000 or more or adversely affects in a citizens William Barloon and David Daliberti eral’s report under subsection (2)(A) of this material way the economy, a sector of the and urges their immediate release from pris- section.’’ economy, productivity, competition, jobs, on and safe exit from Iraq. Further, the Sen- On page 14, at the beginning of line 5, in- the environment, public health or safety, or ate urges the President of the United States sert, ‘‘section 3(a)(1)–(2) and’’, and on line 5 State, local, or tribal governments or com- to take all appropriate action to assure their strike ‘‘3(a)(2)’’ and insert in lieu thereof munities; prompt release and safe exit from Iraq. ‘‘3(a)(3)’’. (B) creates a serious inconsistency or oth- erwise interferes with an action taken or LEVIN (AND GLENN) AMENDMENT planned by another agency; NO. 412 (C) materially alters the budgetary impact DASCHLE (AND PRESSLER) of entitlement, grants, user fees, or loan pro- Mr. LEVIN (for himself and Mr. AMENDMENT NO. 414 grams or the rights and obligations of recipi- GLENN) proposed an amendment to ents thereof; or amendment No. 410 proposed by Mr. Mr. REID (for Mr. DASCHLE and Mr. (D) raises novel legal or policy issues aris- NICKLES to the bill S. 219, supra; as fol- PRESSLER) proposed an amendment to ing out of legal mandates, the President’s lows: amendment No. 410 proposed by Mr. priorities, or the principles set forth in Exec- NICKLES to the bill S. 219, supra; as fol- utive Order 12866. On page 9, line 2, strike everything after ‘‘discharged’’ through the period on line 6 lows: (3) FINAL RULE.—The term ‘‘final rule’’ At the appropriate place insert the fol- means any final rule or interim final rule. As and insert the following: ‘‘from further con- lowing: used in this paragraph, ‘‘rule’’ has the mean- sideration of such resolution in the Senate ing given such term by section 551 of title 5, upon a petition supported in writing by 30 TITLE ll—TERM GRAZING PERMITS United States Code. Members of the Senate or by motion of the Majority Leader supported by the Minority SEC. ll01. FINDINGS AND PURPOSE. SEC. 7. CIVIL ACTION. Leader, and in the House upon a petition (a) FINDINGS.—Congress finds that— An Executive order issued by the President supported in writing by one-fourth of the (1) the Secretary of Agriculture (referred under section 3(c), and any determination Members duly sworn and chosen or by mo- to in this Act as the ‘‘Secretary’’) admin- under section 3(a)(2), shall not be subject to tion of the Speaker supported by the Minor- isters the 191,000,000-acre National Forest judicial review by a court of the United ity Leader, and such resolution shall be System for multiple uses in accordance with States. placed on the appropriate calendar of the Federal law; SEC. 8. APPLICABILITY; SEVERABILITY. House involved.’’ (2) where suitable, 1 of the recognized mul- (a) APPLICABILITY.—This Act shall apply tiple uses for National Forest System land is notwithstanding any other provision of law. grazing by livestock; (b) SEVERABILITY.—If any provision of this DOMENICI (AND NICKLES) (3) the Secretary authorizes grazing Act, or the application of any provision of AMENDMENT NO. 413 through the issuance of term grazing permits this Act to any person or circumstance, is Mr. DOMENICI (for himself and Mr. that have terms of not to exceed 10 years and held invalid, the application of such provi- NICKLES) proposed an amendment to that include terms and conditions necessary sion to other persons or circumstances, and amendment No. 410 proposed by Mr. for the proper administration of National the remainder of this Act, shall not be af- Forest System land and resources; fected thereby. NICKLES to the bill S. 219, supra; as fol- (4) as of the date of enactment of this Act, SEC. 9. EXEMPTION FOR MONETARY POLICY. lows: the Secretary has issued approximately 9,000 Nothing in this Act shall apply to rules On page 2, strike lines 6 through 20, and in- term grazing permits authorizing grazing on that concern monetary policy proposed or sert in lieu thereof and renumber accord- approximately 90,000,000 acres of National implemented by the Board of Governors of ingly: Forest System land;

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4739 (5) of the approximately 9,000 term grazing whether the analysis required by the Na- PRYOR (AND OTHERS) permits issued by the Secretary, approxi- tional Environmental Policy Act of 1969 (42 AMENDMENT NO. 415 mately one-half have expired or will expire U.S.C. 4321 et seq.) and other applicable laws by the end of 1996; has been completed, or final agency action Mr. PRYOR (for himself, Mr. STE- (6) if the holder of an expiring term grazing respecting the analysis has been taken— VENS, Mr. PRESSLER, Mr. WELLSTONE, permit has complied with the terms and con- (1) to the holder of an expiring term graz- and Mr. COCHRAN) proposed an amend- ditions of the permit and remains eligible ing permit ; or ment to amendment No. 410 proposed and qualified, that individual is considered (2) to the purchaser of a term grazing per- by Mr. NICKLES to the bill S. 219, supra; to be a preferred applicant for a new term mit holder’s permitted livestock or base as follows: grazing permit in the event that the Sec- property if— retary determines that grazing remains an (A) between January 1, 1995, and December On page 13, beginning on line 12, strike all appropriate use of the affected National For- 1, 1996, the holder has waived the term graz- through line 8 on page 14 and insert in lieu est System land; ing permit to the Secretary pursuant to sec- thereof the following: ‘‘(2) SIGNIFICANT RULE.—The term ‘‘signifi- (7) in addition to the approximately 9,000 tion 222.3(c)(1)(iv) of title 36, Code of Federal cant rule’’— term grazing permits issued by the Sec- Regulations; and (A) means any final rule, issued after No- retary, it is estimated that as many as 1,600 (B) the purchaser of the term grazing per- vember 9, 1994, that the Administrator of the term grazing permits may be waived by per- mit holder’s permitted livestock or base Office of Information and Regulatory Affairs mit holders to the Secretary in favor of a property is eligible and qualified to hold a within the Office of Management and Budget purchaser of the permit holder’s permitted term grazing permit. finds— livestock or base property by the end of 1996; (b) TERMS AND CONDITIONS.—Except as pro- (i) has an annual effect on the economy of (8) to issue new term grazing permits, the vided in subsection (c)— $100,000,000 or more or adversely affects in a Secretary must comply with the National (1) a new term grazing permit under sub- material way the economy, a sector of the Environmental Policy Act of 1969 (42 U.S.C. section (a)(1) shall contain the same terms economy, productivity, competition, jobs, 4321 et seq.) and other laws; and conditions as the expired term grazing the environment, public health or safety, or (9) for a large percentage of the grazing permit; and State, local, or tribal governments or com- permits that will expire or be waived to the (2) a new term grazing permit under sub- munities; Secretary by the end of 1996, the Secretary section (a)(2) shall contain the same terms (ii) creates a serious inconsistency or oth- has devised a strategy that will result in and conditions as the waived permit. erwise interferes with an action taken or compliance with the National Environ- (c) DURATION.— planned by another agency; mental Policy Act of 1969 and other applica- (1) IN GENERAL.—A new term grazing per- (iii) materially alters the budgetary im- ble laws (including regulations) in a timely mit under subsection (a) shall expire on the pact of entitlement, grants, user fees, or loan and efficient manner and enable the Sec- earlier of— programs or the rights and obligations of re- retary to issue new term grazing permits, (A) the date that is 3 years after the date cipients thereof; or where appropriate; on which it is issued; or (iv) raises novel legal or policy issues aris- (10) for a small percentage of the grazing (B) the date on which final agency action ing out of legal mandates, the President’s permits that will expire or be waived to the is taken with respect to the analysis re- priorities, or the principles set forth in Exec- Secretary by the end of 1996, the strategy quired by the National Environmental Pol- utive Order 12866. will not provide for the timely issuance of icy Act of 1969 (42 U.S.C. 4321 et seq.) and (B) does not include any agency action new term grazing permits; and other applicable laws. that establishes, modifies, opens, closes, or (11) in cases in which ranching operations (2) FINAL ACTION IN LESS THAN 3 YEARS.—If conducts a regulatory program for a com- involve the use of a term grazing permit final agency action is taken with respect to mercial, recreational, or subsistence activity issued by the Secretary, it is essential for the analysis required by the National Envi- relating to hunting, fishing, or camping.’’ new term grazing permits to be issued in a ronmental Policy Act of 1969 (42 U.S.C. 4321 timely manner for financial and other rea- et seq.) and other applicable laws before the LEVIN (AND GLENN) AMENDMENT sons. date that is 3 years after the date on which (b) PURPOSE.—The purpose of this Act is to a new term grazing permit is issued under NO. 416 ensure that grazing continues without inter- subsection (a), the Secretary shall— Mr. LEVIN (for himself and Mr. ruption on National Forest System land in a (A) cancel the new term grazing permit; manner that provides long-term protection GLENN) proposed an amendment to and amendment No. 410 proposed by Mr. of the environment and improvement of Na- (B) if appropriate, issue a term grazing per- NICKLES to the bill S. 219, supra; as fol- tional Forest System rangeland resources mit for a term not to exceed 10 years under while also providing short-term certainty to terms and conditions as are necessary for the lows: holders of expiring term grazing permits and proper administration of National Forest On page 14, strike lines 3 through 7, and in- purchasers of a permit holder’s permitted System rangeland resources. sert in lieu thereof: livestock or base property. (d) DATE OF ISSUANCE.— ‘‘SECTION 7. JUDICIAL REVIEW. SEC. ll02. DEFINITIONS. (1) EXPIRATION ON OR BEFORE DATE OF EN- No determination, finding, action, or omis- In this Act: ACTMENT.—In the case of an expiring term sion under this Act shall be subject to judi- (1) EXPIRING TERM GRAZING PERMIT.—The grazing permit that has expired on or before cial review.’’ term ‘‘expiring term grazing permit’’ means the date of enactment of this Act, the Sec- a term grazing permit— retary shall issue a new term grazing permit LEVIN (AND GLENN) AMENDMENT (A) that expires in 1995 or 1996; or under subsection (a)(1) not later than 15 days NO. 417 (B) that expired in 1994 and was not re- after the date of enactment of this Act. placed with a new term grazing permit solely (2) EXPIRATION AFTER DATE OF ENACT- Mr. LEVIN (for himself and Mr. because the analysis required by the Na- MENT.—In the case of an expiring term graz- GLENN) proposed an amendment to tional Environmental Policy Act of 1969 (42 ing permit that expires after the date of en- amendment No. 410 proposed by Mr. U.S.C. 4321 et seq.) and other applicable laws actment of this Act, the Secretary shall NICKLES to the bill S. 219, supra; as fol- has not been completed. issue a new term grazing permit under sub- lows: (2) FINAL AGENCY ACTION.—The term ‘‘final section (a)(1) on expiration of the expiring agency action’’ means agency action with re- term grazing permit. On page 14 of the amendment, line 2, strike spect to which all available administrative (3) WAIVED PERMITS.—In the case of a term the period and insert: ‘‘, except that such remedies have been exhausted. grazing permit waived to the Secretary pur- term does not include any rule of particular (3) TERM GRAZING PERMIT.—The term ‘‘term suant to section 222.3(c)(1)(iv) of title 36, applicability including a rule that approves grazing permit means a term grazing permit Code of Federal Regulations, between Janu- or prescribes for the future rates, wages, or grazing agreement issued by the Sec- ary 1, 1995, and December 31, 1996, the Sec- prices, services, or allowances therefor, cor- retary under section 402 of the Federal Land retary shall issue a new term grazing permit porate or financial structures, reorganiza- Policy and Management Act of 1976 (43 under subsection (a)(2) not later than 60 days tions, mergers, or acquisitions thereof, or ac- U.S.C. 1752), section 19 of the Act entitled after the date on which the holder waives a counting practices or disclosures bearing on ‘‘An Act to facilitate and simplify the work term grazing permit to the Secretary. any of the foregoing or any rule of agency of the Forest Service, and for other pur- organization, personnel, procedure, practice SEC. ll04. ADMINISTRATIVE APPEAL AND JUDI- or any routine matters.’’ poses’’, approved April 24, 1950 (commonly CIAL REVIEW. known as the ‘‘Granger-Thye Act’’) (16 U.S.C. 580l), or other law. The issuance of a new term grazing permit under section ll03(a) shall not be subject to WELLSTONE AMENDMENT NO. 418 SEC. ll03. ISSUANCE OF NEW TERM GRAZING administrative appeal or judicial review. PERMITS. Mr. REID (for Mr. WELLSTONE) pro- (a) IN GENERAL.—Notwithstanding any SEC. ll05. REPEAL. posed an amendment to amendment other law, the Secretary shall issue a new This Act is repealed effective as of January No. 410 proposed by Mr. NICKLES to the term grazing permit without regard to 1, 2001. bill S. 219, supra; as follows:

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4740 CONGRESSIONAL RECORD — SENATE March 28, 1995 On page 8, line 4, delete everything from COMMITTEE ON ENERGY AND NATURAL base policy in review of the Defense au- ‘‘after’’ through ‘‘Congress’’ on line 5 and in- RESOURCES thorization request for fiscal year 1996 sert ‘‘during the period beginning on the Mr. NICKLES. Mr. President, I ask and the future year’s defense program. date on which the report referred to in sec- unanimous consent that the Com- The PRESIDING OFFICER. Without tion 3(a), is received by Congress and ending mittee on Energy and Natural Re- 45 days thereafter,’’. objection, it is so ordered. sources be granted permission to meet SUBCOMMITTEE ON INTERNATIONAL FINANCE during the session of the Senate on NICKLES AMENDMENT NO. 419 Mr. NICKLES. Mr. President, I ask Tuesday, March 28, 1995, for purposes of unanimous consent that the Sub- Mr. NICKLES proposed an amend- conducting a full committee hearing ment to amendment No. 410 proposed committee on International Finance, which is scheduled to begin at 9:30 a.m. of the Committee on Banking, Housing, by him to the bill S. 219, supra; as fol- The purpose of this oversight hearing lows: and Urban Affairs be authorized to is to consider the nomination of Daniel meet during the session of the Senate On page 12, line 7, strike the word ‘‘signifi- R. Glickman to be Secretary of Agri- cant’’; on Tuesday, March 28, 1995, at 2:30 p.m. culture. to conduct a hearing on the reauthor- On page 13, line 2, of amendment No. 415 The PRESIDING OFFICER. Without strike the words ‘‘, issued after November 9, ization of the export-import banks tied 1994,’’; objection, it is so ordered. aid warchest. On page 14, line 23, strike the word ‘‘sig- COMMITTEE ON FINANCE The PRESIDING OFFICER. Without nificant’’. Mr. NICKLES. Mr. President, I ask objection, it is so ordered. unanimous consent that the Finance f SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Committee be permitted to meet Tues- NOTICES OF HEARINGS MANAGEMENT day, March 28, 1995, beginning at 9:30 Mr. NICKLES. Mr. President, I ask COMMITTEE ON INDIAN AFFAIRS a.m. in room SD–215, to conduct a hear- unanimous consent that the Sub- Mr. McCAIN. Mr. President, I would ing on child support enforcement. committee on Oversight of Government like to announce that the Senate Com- The PRESIDING OFFICER. Without Management and the District of Co- mittee on Indian Affairs will be holding objection, it is so ordered. lumbia be permitted to meet during a a markup on Wednesday, March 29, COMMITTEE ON FOREIGN RELATIONS session of the Senate on Tuesday, 1995, beginning at 10:30 a.m., in room Mr. NICKLES. Mr. President, I ask March 28, 1995, at 9:30 a.m., to hold a 485 of the Russell Senate Office Build- unanimous consent that the Com- hearing on reducing the cost of Pen- ing on S. 325, a bill to make certain mittee on Foreign Relations be author- tagon travel processing. technical corrections in laws relative ized to meet during the session of the The PRESIDING OFFICER. Without to native Americans, and for other pur- Senate on Tuesday, March 28, 1995, at objection, it is so ordered. poses; S. 441, a bill to reauthorize Pub- 10 a.m. to hold a hearing on U.S. As- SUBCOMMITTEE ON STRATEGIC FORCES lic Law 101–630, the Indian Child Pro- sistance to Europe and the NIS. Mr. NICKLES. Mr. President, I ask tection and Family Violence Preven- The PRESIDING OFFICER. Without unanimous consent that the Sub- tion Act; S. 349, a bill to reauthorize objection, it is so ordered. appropriations for the Navajo-Hopi Re- committee on Strategic Forces of the COMMITTEE ON THE JUDICIARY Committee on Armed Services be au- location Housing Program; S. 510, a bill Mr. NICKLES. Mr. President, I ask to extend the reauthorization for cer- thorized to meet on Tuesday, March 28, unanimous consent that the Com- 1995, at 9:30 a.m. in open session to re- tain programs under the Native Amer- mittee on the Judiciary be authorized ican Programs Act of 1974, and for ceive testimony on U.S. ballistic mis- to meet during the session of the Sen- sile defense requirements and programs other purposes; and to approve the ate on Tuesday, March 28, 1995, at 11 committee’s budget views and esti- in review of the Defense authorization a.m. to hold a hearing on judicial request for fiscal year 1996 and the fu- mates. nominees. Those wishing additional information ture year’s defense program. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without should contact the Committee on In- objection, it is so ordered. dian Affairs at 224–2251. objection, it is so ordered. COMMITTEE ON THE JUDICIARY COMMITTEE ON RULES AND ADMINISTRATION f Mr. NICKLES. Mr. President, I ask Mr. STEVENS. Mr. President, I wish unanimous consent that the Com- ADDITIONAL STATEMENTS to announce that the Committee on mittee on the Judiciary be authorized Rules and Administration will meet at to meet during the session of the Sen- 9:30 a.m., in SR–301, Russell Senate Of- ate on Tuesday, March 28, at 2 p.m. to BUDGET SCOREKEEPING REPORT fice Building, on Thursday, March 30, hold hearing on ‘‘Federal Habeas Cor- ∑ Mr. DOMENICI. Mr. President, I 1995, to hold a markup. pus Reform: Eliminating Prisoners’ The Committee will consider the fol- hereby submit to the Senate the budg- Abuse of the Judiciary Process.’’ lowing legislative item: Senate Resolu- et scorekeeping report prepared by the The PRESIDING OFFICER. Without tion 24, providing for the broadcasting Congressional Budget Office under sec- objection, it is so ordered. of press briefings on the floor prior to tion 308(b) and in aid of section 311 of the Senate’s daily convening, and an COMMITTEE ON LABOR AND HUMAN RESOURCES the Congressional Budget Act of 1974, amendment in the nature of a sub- Mr. NICKLES. Mr. President, I ask as amended. This report meets the re- stitute to Senate Resolution 24. unanimous consent that the Com- quirements for Senate scorekeeping of For further information concerning mittee on Labor and Human Resources section 5 of Senate Concurrent Resolu- these hearings, please contact Mark be authorized to meet for a Hearing on tion 32, the first concurrent resolution Mackie of the committee staff on 224– S 454—Health Care Liability Reform on the budget for 1986. 3448. and Quality Assurance Act of 1995, dur- This report shows the effects of con- ing the session of the Senate on Tues- gressional action on the budget f day, March 28, 1995, at 9:30 a.m. through March 24, 1995. The estimates AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without of budget authority, outlays, and reve- MEET objection, it is so ordered. nues, which are consistent with the COMMITTEE ON COMMERCE, SCIENCE, AND SUBCOMMITTEE ON ACQUISITION AND technical and economic assumptions of TRANSPORTATION TECHNOLOGY the concurrent resolution on the budg- Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask et (H. Con. Res. 218), show that current unanimous consent that the Senate unanimous consent that the Sub- level spending is below the budget reso- Committee on Commerce, Science, and committee on Acquisition and Tech- lution by $2.3 billion in budget author- Transportation be authorized to meet nology of the Committee on Armed ity and $0.4 billion in outlays. Current on March 28, 1995, at 9:30 a.m. on pend- Services be authorized to meet at 2:30 level is $0.8 billion over the revenue ing committee business. p.m. on Tuesday, March 28, 1995, in floor in 1995 and below by $8.2 billion The PRESIDING OFFICER. Without open session, to receive testimony on over the 5 years 1995–99. The current es- objection, it is so ordered. the defense technology and industrial timate of the deficit for purposes of

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4741 calculating the maximum deficit THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. For a nation seeking to convince the amount is $238.7 billion. $2.3 billion SENATE, 104TH CONGRESS, 1ST SESSION, SENATE world—and the European Union in par- below the maximum deficit amount for SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF ticular—that it is committed to democ- 1995 of $241.0 billion. CLOSE OF BUSINESS MAR. 24, 1995—Continued racy, the rule of law, and respect for Since my last report, dated March 13, [In millions of dollars] human rights, the invasion of Iraq and 1995, there has been no action that af- the ongoing military campaign to Budget au- fects the current level of budget au- thority Outlays Revenues eliminate the PKK undermine Turkey’s thority, outlays, or revenues. commitment to these principles and The report follows: Entitlements and mandatories raises legitimate questions about the Budget resolution baseline esti- nature and extent of our relationship U.S. CONGRESS, mates of appropriated entitle- CONGRESSIONAL BUDGET OFFICE, ments and other mandatory with Turkey. Washington, DC, March 27, 1995. programs not yet enacted ...... (1,887) 3,189 (*) Turkey, I fear, has fallen victim to Hon. PETE DOMENICI, Total current level 1 ...... 1,236,489 1,217,181 978,466 the temptation to combat terrorism Chairman, Committee on the Budget, U.S. Sen- Total budget resolution .. 1,238,744 1,217,605 977,700 Amount remaining: with reciprocal and punitive acts of vi- ate, Washington, DC. Under budget resolution 2,255 424 (*) olence more destructive than PKK acts DEAR MR. CHAIRMAN: The attached report Over budget resolution ... (*) (*) 766 of terrorism. The Turkish military has for fiscal year 1995 shows the effects of Con- 1 In accordance with the Budget Enforcement Act, the total does not in- systematically emptied Kurdish vil- gressional action on the 1995 budget and is clude $1,394 million in budget authority and $6,466 million in outlays in current through March 24, 1995. The esti- funding for emergencies that have been designated as such by the Presi- lages and uprooted many Kurdish citi- mates of budget authority, outlays and reve- dent and the Congress, and $877 million in budget authority and $935 mil- zens from their homes. Human rights lion in outlays for emergencies that would be available only upon an official nues are consistent with the technical and budget request from the President designating the entire amount requested organizations have documented exten- economic assumptions of the 1995 Concurrent as an emergency requirement. sive human rights abuses, including Resolution on the Budget (H. Con. Res. 218). * Less than $500 thousand. torture and political assassination. The This report is submitted under Section 308(b) Notes.—Numbers in parentheses are negative. Detail may not add due to rounding. military’s actions often wreak havoc and in aid of Section 311 of the Congressional and destruction on innocent Kurds and Budget Act, as amended, and meets the re- f quirements of Senate scorekeeping of Sec- provide an incentive for Kurds to sup- TURKEY’S INVASION OF IRAQ port the PKK. tion 5 of S. Con. Res. 32, the 1986 First Con- ∑ current Resolution on the Budget. Mr. KERRY. Mr. President, I com- I fear that relations between our two Since my last report, dated March 13, 1995, mend the Senator from Rhode Island nations will deteriorate unless Turkey there has been no action that affects the cur- for his principled stand on this issue takes demonstrable steps to improve rent level of budget authority, outlays, or and am pleased to join him as an origi- its human rights record, abandon the revenues. nal cosponsor of Senate Resolution No. military campaign, and seek alter- Sincerely, 91, which condemns Turkey’s invasion native solutions to the Kurdish prob- JAMES L. BLUM of Iraq. lem. Turkey’s recognition, that its (For June E. O’Neill). On March 20, an estimated 35,000 Kurdish civilians have civil, cultural, Turkish troops poured across Iraq’s THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- political, and human rights is an essen- northern border in a massive assault CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION, AS tial first step. Failure to recognize on the Kurdish guerrilla group known OF CLOSE OF BUSINESS MAR. 24, 1995 these rights would be folly, for it is as the Kurdistan Workers’ Party, or [In billions of dollars] simply inconceivable for Turkey, if it PKK. Although Turkish Prime Min- is to remain committed to the fun- ister Tansu Ciller defended the inva- Budget Current damentals of democracy, the rule of resolution Current level over/ sion as a legitimate act of self-defense, (H.Con. law, and respect for human rights, to level 2 under res- the nature and extent of Turkey’s inva- Res. olution seek a military solution where one- 218) 1 sion of northern Iraq belie this asser- fifth of the Turkish population—15 mil- On-budget: tion. Accordingly, this resolution calls lion—is Kurdish. Budget authority ...... $1,238.7 $1,236.5 $¥2.3 on President Clinton to express strong Outlays ...... 1,217.6 1,217.2 ¥0.4 Turkey has long been a loyal and Revenues: opposition to Turkey’s invasion and to trusted allay and a valuable member of 1995 ...... 977.7 978.5 0.8 request that the United Nations Secu- 1995–99 3 ...... 5,415.2 5,407.0 ¥8.2 NATO. Like all nations, Turkey is Maximum deficit amount ...... 241.0 238.7 ¥2 .3 rity Council condemn the invasion and struggling with the difficult task of de- Debt subject to limit ...... 4,965.1 4,756.4 ¥208 .7 seek an immediate and unconditional Off-budget: fining its diplomatic, security, and eco- 1995 ...... 287.6 287.5 ¥0.1 withdrawal of Turkey’s forces back to nomic roles in the post-cold-war era. 1995–99 ...... 1,562.6 1,562.6 * 0 Turkey. Social Security Revenues: This task is compounded by the need to 1995 ...... 360.5 360.3 ¥0.2 Turkey’s invasion contradicts its ob- combat PKK terrorism and the expan- ¥ 1995–99 ...... 1.998.4 1,998.2 0.2 ligations under the United Nations sion of violent Islamic fundamen- 1 Reflects revised allocation under section 9(g) of H.Con. Res. 64 for the Charter and the Organization for Secu- talism. However, these challenges, dif- Deficit–Neutral reserve funded. rity and Cooperation in Europe which 2 Current level represents the estimated revenue and direct spending ef- ficult though they may be, in no way fects of all legislation that Congress has enacted or sent to the President oblige Turkey to respect the territorial legitimize Turkey’s invasion of north- for his approval. In addition, full-year funding estimates under current law integrity of other states, and to sup- are included for entitlement and mandatory programs requiring annual ap- ern Iraq, and the United States must propriations even if the appropriations have not been made. The current port the human rights, fundamental make it clear to Turkey that such be- level of debt subject to limit reflects the latest U.S. Treasury information on freedoms, and the self-determination of public debt transactions. havior is damaging to our relationship 3 Includes effects, beginning in fiscal year 1996, of the International Anti- all peoples. and inconsistent with the announced trust Enforcement Act of 1994 (P.L. 103–438). I and many of my colleagues sym- goals of democracy, human rights, and * Less than $50 million. pathize with Turkey’s struggle to de- Note.—Detail may not add due to rounding. the rule of law.∑ feat the Marxist PKK which has been THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. engaged in a struggle for over a decade f SENATE, 104TH CONGRESS, 1ST SESSION, SENATE to establish an independent Kurkish SOCIAL SECURITY FUNDS NOT SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF state and has adopted terrorism as the IMMUNE FOREVER CLOSE OF BUSINESS MAR. 24, 1995 principle means toward that end. How- [In millions of dollars] ever, the nature and brutality of the ∑ Mr. SIMON. Mr. President, one of the tactics Prime Minister Ciller and the interests of all Members of the House Budget au- military have adopted to combat the and Senate, I am sure, is to preserve thority Outlays Revenues PKK are unacceptable, counter- Social Security. We may differ on the Enacted in previous sessions productive, and unlikely to succeed. avenue to achieve that, but we share Revenues ...... (* ) (* ) $978,466 The invasion, besides violating the that concern. Permanents and other spending legislation ...... $750,307 $706,236 (*) fundamentals of international law, is What should be clear to anyone who Appropriation legislation ...... 738,096 757,783 (*) likely to exacerbate the conflict rather looks at the Social Security matter Offsetting receipts ...... (250,027) (250,027) (*) than calm it. Moreover, Turkey’s ac- with any serious concern is that the Total previously enacted 1,238,376 1,213,992 978,466 tion seriously detracts from its stand- national debt is the threat to Social ing in the international community. Security.

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4742 CONGRESSIONAL RECORD — SENATE March 28, 1995 I have just finished reading an edi- deficit, if Congress didn’t have to keep pay- Throughout his entire legal career, torial column in Congressional Quar- roll taxes at such high levels to finance the Stew Bell has distinguished himself as terly written by David S. Cloud, titled Social Security system. Some of those bene- an outstanding trial attorney, defend- ‘‘Social Security Funds Not Immune fits are going to retirees who, by any defini- ing thousands of criminal, civil, busi- tion, are well-off. In 1990, families with in- Forever.’’ come above $100,000 received more than $8 ness, and domestic cases. He is one of In that article he says what is the billion in Social Security benefits. the few attorneys to receive the simple reality: ‘‘The longer Congress The logic of capturing some of that money Martindale-Hubbell A V Rating, the and the White House delay dealing for deficit reduction proved inescapable in highest possible attorney rating for with the deficit, the greater the threat 1993, when Congress raised taxes on some professional competence and ethics. to Social Security’s long-term exist- upper-income retirees by taxing more of In addition to professional achieve- ence.’’ their Social Security benefits. (House Repub- ments, Stew Bell has also been a com- No one can seriously question the va- licans now want to repeal that tax increase.) mitted leader in the legal and civic There seems to be no appetite for under- lidity of that statement. taking a bolder attempt at scaling back So- community of Nevada. He has served as I hope that sometime between now cial Security benefits among recipients fur- president and vice president of both the and the time this Congress adjourns, ther down the income scale. The other op- Nevada bar and the Clark County Bar we can get one more vote for the bal- tion—increasing payroll taxes—does not Associations, on numerous State legal anced budget amendment. seem likely. panels, as a court appointed special At this point, I ask unanimous con- Yet the longer Congress and the White prosecutor, and as an alternate munic- sent to print the complete David Cloud House delay dealing with the deficit, the ipal judge and juvenile court referee. greater the threat to Social Security’s long- editorial column in the RECORD. Stew has also contributed hundreds term existence. The column follows: The reason rests with what is happening to of hours to youth programs such as the CQ ROUNDTABLE—SOCIAL SECURITY FUNDS all those surplus dollars Social Security is Variety Club for Handicapped Children, NOT IMMUNE FOREVER now accumulating. The trust funds are being the Boys and Girls Club, and the Vegas (By David S. Cloud) invested in U.S. Treasury bonds, with the Girls Soccer League. His list of civic If Republicans and Democrats in Congress promise that the money plus interest will be achievements is too lengthy to enu- are as dedicated to eliminating the federal paid back next century. In other words, the merate, and I have always been amazed deficit as they profess, someday soon they government is borrowing from the Social Se- at his ability to juggle his civic, will have to answer serious questions about curity trust funds and eventually will have church, family, and professional re- to repay those funds. the future of Social Security. Otherwise, nei- sponsibilities. Yet he has always done ther party’s promise to preserve Social Secu- But continuation of massive borrowing from now until then will only make it harder so with energy, enthusiasm, and zest. rity—or to balance the budget—can be con- A dedicated family man, Stew is sidered altogether credible. to repay the obligations when the baby Congressional debates about Social Secu- boomers retire. married to Jeanne Bell and together, rity center almost entirely on charges that When will this demongraphic crunch hit? they have raised four wonderful chil- one party or the other is plotting to deny Baby boomers will begin to retire around dren: Linda, a recent graduate of the benefits to retirees or is looting the trust 2010. According to the 1994 Social Security University of San Diego School of Law; funds of payroll tax revenue. While deep cuts Board of Trustees report, the trust funds will Kristen, who is currently attending the in Social Security are certainly possible in not run dry until 2036, absent further con- University of Nevada, Reno; Stephen, a coming years, it won’t happen because of gressional action. But the fiscal strain will actually arrive much sooner—beginning student at Bonanza High School, and some secret desire by elected officials; it will Greg, who is attending Cashman Junior happen because Congress is left with no around 2013, when the Social Security sys- other choice. tem starts drawing heavily on interest pay- High. The relationship between Social Security ments from the Treasury to pay for benefits. Last year, Stew Bell entered into his and the deficit is not obvious. Thanks to big If the federal government is still running a first political campaign, for the pres- payroll tax increases enacted in 1977 and deficit, making those interest payments to tigious position of district attorney for 1983, Social Security recovered from near- the Social Security trust funds will neces- Clark County. Because of his ernest bankruptcy and is now taking in more rev- sitate a massive addition to government bor- reputation and his commitment to enue from workers’ paychecks than it pays rowing, or a big income tax increase. All of the choices will be unappetizing—a hard work, Stew was able to win the out in benefits every year. The result is a election handily. growing trust fund balance, expected to be mountain of additional debt, angry workers about $900 billion by 2000, that many view as asked to more heavily subsidize retirees, or On Sunday, April 2, the Paradise a nest egg to pay benefits for baby boomer sharp cuts in Social Security benefits. And Democratic Club will be honoring retirees next century. The surplus is often any effort by today’s politicians to segregate Stewart Bell with the ‘‘Outstanding used as justification for leaving Social Secu- Social Security from the rest of the budget Democrat of the Year Award.’’ I can rity alone. will matter not a whit.∑ think of no one more deserving of this There are indeed good reasons to view So- f award. Stew Bell represents all that is cial Security as unique. No other program STEWART L. BELL: A NEW FACE good about public service, and he is an has such a broad base or such a strongly im- excellent role model for the children plied contract: Workers sacrifice now in the IN POLITICS and adults of our State.∑ form of payroll deductions for the security of ∑ Mr. REID. Mr. President, it is a f benefits after they retire. And the program pleasure for me to rise today to con- has an uncontested record of sharply reduc- gratulate a good friend of mine and of PERSPECTIVE: BACKS DR. HENRY ing poverty among the elderly. FOSTER’S NOMINATION But defending Social Security in isolation the State of Nevada for a lifetime of from the rest of the federal budget is as mis- outstanding achievement, Clark Coun- ∑ Mr. SIMON. Mr. President, the Presi- leading as it is enticing. Politicians are espe- ty District Attorney Stewart Bell. dent of the United States has nomi- cially prone to try. Stew Bell has been a resident of nated Dr. Henry Foster to become Sur- House Speaker Newt Gingrich, R-Ga., has southern Nevada since 1954. He grad- geon General of the United States. singled out Social Security as the only pro- uated from Western High School with I have had the chance to visit with gram immune from cuts as Republicans work honors in 1963 while also distinguishing to balance the budget by 2002. Senate Demo- him and see him at one public meeting crats recently killed the constitutional himself as the Nevada State High in action, and I have been favorably amendment to require a balanced budget School Mathematics Champion. In 1967, impressed. after they failed to win special protections he graduated with distinction from the I believe there has been great distor- for Social Security. University of Nevada, Las Vegas and, 3 tion of who he is and what he stands But all this ignores a central fact: It is un- years later, was awarded a Juris Doc- for. likely that the budget can be balanced with- torate from UCLA. I was interested in seeing in the Chi- out affecting a program that now constitutes He returned to Las Vegas to work in cago Defender the other day, a state- more than a fifth of federal spending. the Clark County Public Defender’s Of- Why can’t Social Security be left alone as ment by the president of Fisk Univer- long as it is self-financing? For openers, a fice and, in 1973, he went into private sity on the Henry Foster nomination. program of Social Security’s immenity—$330 practice and became a senior partner of Because of its insights, I ask that the billion in fiscal 1994—consumes tax revenue one of the State’s most prestigious statement be printed in the RECORD. that could otherwise go toward reducing the firms. The statement follows:

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4743 [From the Chicago Defender, Mar. 13, 1995] the nomination and concur with them that Irish and British Governments aimed at BACKS DR. HENRY FOSTER’S NOMINATION the strong credentials Foster brings to the bringing about a permanent settlement of (By Dr. Henry Ponder) position of surgeon general outweighs presi- the conflict. dential staff bungling and error or at worst I support Dr. Henry Foster’s nomination to DUBLIN misjudgment. become the next surgeon general of the I wholeheartedly support foster’s nomina- Meeting with Tainiste Dick Spring: I ar- United States. I would speak against the three most-men- tion and I ask the Senate to confirm him and rived in Dublin on February 17. Senator tioned reasons why he should not be con- for the country to stand by the president’s George Mitchell, who last December was ap- firmed. They are: (1) the number of abortion excellent choice. He shouldn’t be punished or pointed the President’s Special Advisor on procedures he has performed over the last 30 scapegoated for the controversy and the ten- Economic Initiatives in Ireland, was also in years; (2) his integrity; and (3) the bungling sions that abortion brings to the political Dublin that day accompanied by a delegation of his nomination by the White House. arena for there are rational people on both of officials from the White House and Com- Regarding the first point, it is yet to be sides of the battle. merce Department, and our two delegations proven that Foster committee any crime or Better yet, there are some who are work- met over lunch with Tainiste Dick Spring. illegalities in the years that he has practiced ing to eliminate at the root, the instances Our discussions focused on the Framework medicine as one of America’s premier board- that lead to teenage pregnancy. Foster is a Document, which Tainiste Spring has had a certified obstetrician/gynecologists. general in this army and he deserves to be central role in negotiating, and plans for the It must be reiterated that abortion is not confirmed as surgeon general.∑ May 1995 Trade and Investment Conference. considered illegal in America for, under Roe f Representatives of the Irish and American vs. Wade, the Supreme Court has ruled that business communities, and the political par- abortion procedures performed by a doctor, PEACE IN NORTHERN IRELAND ties, will meet in Washington over a three however abhorrent and immoral it is to a siz- ∑ day period to discuss potential American- able portion of Americans, is still constitu- Mr. LEAHY. Mr. President, I re- Irish joint ventures and other investment op- tionally acceptable. Until that ruling is re- cently returned from a short visit to portunities in the Republic and Northern Ire- versed, Foster and any number of other doc- Ireland, Northern Ireland, and London, land. tors will not be in violation of the law. England, where I met with government There is universal agreement among all Ironically, Foster pointed out recently on officials and representatives of the po- factions that economic development, espe- ‘‘Nightline’’ with Ted Koppel, that he ‘‘ab- litical parties in Northern Ireland, on cially in areas of high unemployment in the hors abortion.’’ In cases which he had to per- developments in the peace process North, is key to any lasting peace since form abortion procedures, he said they were there. This is an exciting time in there is a direct correlation between high only ‘‘for rape, incest and saving the life of levels of unemployment and violence. There the mother.’’ Should a man be castigated for Northern Ireland, where a ceasefire is holding for the first time in a quarter is also widespread recognition of the crucial something his society allows or permits as role that the United States can play in pro- lawful, or should his society confer good be- century. I ask that the report of my moting economic investment. Four areas havior upon him for being law-abiding? I trip be printed in the RECORD. with high potential have already been identi- think rational men and women would agree The report follows: fied: tourism, food processing; pharma- with the latter rather than the former. CODEL LEAHY—TRIP REPORT, REPUBLIC OF ceuticals; and telecommunications. It can be clearly shown that Foster has IRELAND, NORTHERN IRELAND, ENGLAND, done nothing wrong, illegal or unconstitu- Senator Mitchell, after quoting President FEBRUARY 17–21 tional. He has stayed within the confines of Franklin Roosevelt that ‘‘the best social pro- his professional ethical code and parameters From February 17–21, I traveled to the Re- gram is a job,’’ stressed that this is to be an and societal jurisprudence. He should be public of Ireland, Northern Ireland, and Lon- economic conference, not a political con- commended and not assailed. don, England, to meet with leaders of Irish ference, although it is inevitable that poli- The second issue being used to stop Fos- and British Governments and representa- tics will play a part. Ireland has much to ter’s nomination is integrity. It is said that, tives of the political parties in Northern Ire- recommend it, including its highly trained, at different times. Foster said he performed land, and to observe the use of funds admin- English-speaking workforce and location at about 12, 39 or some 700 abortions over the istered by the International Fund for Ireland the gateway to 350 million European con- last 30 years. Foster said that he misspoke (IFI). In London, in addition to meeting with sumers. Setting up follow-up mechanisms to about the number of abortion procedures he British and American officials on develop- assist potential investors will be particularly has performed in his career. How many of us ments in Northern Ireland, I also discussed important. Senator Mitchell and I stressed have not misspoken and corrected ourselves efforts to limit the proliferation and use of that while the U.S. can help facilitate in- when we learned the facts? antipersonnel landmines. I was accompanied vestment in Northern Ireland, this is a long- I think the worst kind of man is the one by Tim Rieser and Kevin McDonald of my term endeavor which depends on the sus- who refuses upon learning he is mistaken to personal staff. Travel was by commercial air tained efforts of all the people on the island. correct himself. Foster, before the nation and rental car. There was also a general discussion about and on ‘‘Nightline,’’ stated that upon reflec- INTRODUCTION the important role the International Fund tion and in hindsight, he should have con- I have closely followed the situation in for Ireland has played in bringing economic sulted his records more thoroughly about it. Northern Ireland for many years. I was development to disadvantaged areas during a When Foster had the chance to reexamine among those who last year urged President period when the Northern Ireland violence his files, he, as any man with integrity will Clinton to grant Gerry Adams, leader of Sinn caused many potential investors to go else- do, correct himself and apologized for the Fein, the political arm of the Irish Repub- where. error. lican Army (IRA), a visa to travel to the US. Address to peace and Reconciliation This should not taint one’s character. It Forum: Shortly after the IRA cease-fire, the should rather brighten it. But, unfortu- That decision is widely credited with having led to the IRA ceasefire and the peace proc- Irish Government initiated a ‘‘Peace and nately, in today’s America, contrition on the Reconciliation Forum’’ as a way to quickly part of anyone is a sign of ‘‘a damaged good’’ ess that is now unfolding. The timing of this trip was important be- bring Sinn Fein into informal discussions that is irreparable. with the government and other political par- Even the good book, the Holy Bible, says cause of developments in Northern Ireland ties. Although the Unionist parties com- that one should be forgiven in their contri- since the December 1993 Joint Declaration plained that the Forum was an Irish Govern- tion. Integrity to me is being able to say you between former Irish Prime Minister Rey- ment affair and declined to participate, the are wrong when you discover that you are. nolds and British Prime Minister Majors. Foster should not be raked over the coals That Declaration initiated the latest at- Forum has provided a bridge between the for admitting error, if in the process, he sets tempt to resolve the Northern Ireland con- cease-fire and formal all-party talks which his records straight. flict which has claimed over 3,200 lives in the are anticipated in the future. Thirdly, there is no question that the past 25 years. Most importantly, the two Senator Mitchell and I were each invited White House bungled this nomination. They leaders agreed that any change in the status to address the Forum, which is held each have said as much. this whole affair could of the North could only occur with the con- Friday at Dublin Castle. Among the audience have been handled better in a straight and sent of a majority of the people there. of approximately two hundred were Tainiste clearer manner by presenting Foster as a na- In August 1994, shortly after Gerry Adams Spring of the Irish Government, Gerry tionally renowned medical practitioner who, received a visa to visit the US, the IRA an- Adams of Sinn Fein, and John Alderdice of over 30 years, has performed abortion proce- nounced a unilateral cease-fire which led to the Alliance Party. After introductions by dures to save the life of the mother, or due October cease-fires by Protestant para- Forum Chair Judge Catherine McGinness to rape or incest. It would also have been military groups. Since then, informal talks and Ambassador Jean Kennedy Smith, I ex- communicated that he abhors abortions and have been conducted between the Irish Gov- plained that I had come at this pivotal time only performed them under the rarest of ernment and Sinn Fein. I arrived in the Re- to give encouragement to all the parties in- such cases. public just six days before the publication of volved in the peace process, and to empha- I accept the statements by the president’s a controversial ‘‘Framework Document,’’ size that the United States would fully sup- staff that they made a mistake in handling which contains proposals put forth jointly by port their efforts in an even-handed way. I

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4744 CONGRESSIONAL RECORD — SENATE March 28, 1995 stressed that the Framework Document, por- paramilitary groups will surrender their Dairy Farm IFI Project: Shortly after ar- tions of which had been leaked to the press weapons incrementally as further progress is riving in Belfast I toured the ‘Dairy Farm’’ and were already the focus of much debate made towards a final peace agreement. It shopping center with International Fund for and intense criticism from Unionists, should was also suggested that the British Govern- Ireland Chairman Willie McCarter, and IFI be treated as a discussion document rather ment exaggerated the amount of weapons Joint Directors General Chris Todd and than a final blueprint. I said that as long as possessed by the IRA to suit their own ends, Brendan Scannell. The center, located in a it was based on the principle of consent, it and it also coincidently benefitted the IRA. Catholic area of West Belfast, is a commu- should threaten no one. Now it is a problem for both, and there is no nity-owned project developed with $3.8 mil- Senator Mitchell, who was in the final day way to prove how many weapons they have. lion from the IFI. It includes a retail com- of his visit, described the strong desire he Giving up a small amount of semtex to a plex with a large supermarket, multi-pur- had sensed among the people for a better life third party such as the United Nations or the pose civic center, library, retail units, and and the importance of moving quickly to at- United States, as I and others have sug- service businesses that have brought life to a tract economic investment. He noted that gested, would be a positive gesture that depressed community that lacked any of the majority of the 44 million Irish immi- could help build confidence. these facilities. grants in the U.S. are non-Catholics, and Meeting with former Taoiseach Albert In later meetings with IFI officials, I dis- that economic hardship in Northern Ireland Reynolds: Without the forceful leadership of cussed past management problems with the is felt by both Catholics and Protestants. He former Taoiseach Reynolds it is doubtful Fund and reports that the House and Senate mentioned several items that will be on the that there would be a cease-fire or peace Budget Committees have proposed to elimi- May conference agenda, including: establish- process today. Reynolds told me that the nate United States funding for the IFI in FY ment of U.S.-owned plants; support for com- Unionists, who claim they were not con- 1996. They assured me that the IFI is no munity banking; tax free regimes for U.S. in- sulted on the text of the Framework Docu- longer financing golf courses and other kinds vestors; duty free status for Irish imports; ment, had significant input into the 1993 addressing the problem of under-represented Joint Declaration. Reynolds said it was his of projects that drew past criticism, includ- communities in the workforce; the problem idea to replace Article 3 of the Irish Con- ing from myself. It targets disadvantaged of dual currencies in North an South; and the stitution, which contains Britain’s claim of communities, Catholic and Protestant, in MacBride principles. sovereignty over Northern Ireland, with the the North and in border counties in the Re- Our speeches were followed by a general principle of consent. The aim was to shift re- public. Since its inception a decade ago, the discussion among the participants, which in- sponsibility for the status of the North to a IFI, with total contributions of about $400 cluded several appreciative comments about majority of the people there. This was a cru- million from the US and the European Com- the important role of the United States in cial initiative that has become the corner- munity, has leveraged twice that amount in moving the peace process forward. stone of the Framework Document. private sector investment. These funds have Meeting with Taoiseach John Bruton: Al- Reynolds described the future as unpre- been used to support economic regeneration though there was some initial speculation in dictable. The demographics of the North are projects in some 300 communities. the press that Taoiseach Bruton might not changing. Today, 57 percent are Protestant, I pointed out that whether or not there is be as seized with the peace process as his down from 63 percent a decade ago. In an- an earmark for the IFI in the foreign aid ap- predecessor, he has won praise for keeping other generation the majority may be Catho- propriation, the President has said he will the process moving steadily forward. Senator lic. But not all Catholics want to be part of provide a $30 million contribution to it in Mitchell and I met privately with the the Republic. each of FY 1996 and FY 1997, a $10 million in- Taoiseach for approximately 45 minutes. We Reynolds said that both sides accept the crease from FY 1995. IFI officials, and indeed discussed the Framework Document and reality that the weapons will have to be sur- everyone I spoke to in Dublin, Belfast and events leading up to it, and how he thought rendered, but it will take time. As the proc- London concerned with the situation in it would be received. We also emphasized ess develops it will become less of an issue. Northern Ireland, argued persuasively that President Clinton’s strong, personal interest He said the IRA will never turn over their continued United States funding is an impor- in the peace process and the importance of weapons to the British, since it would imply tant measure of its support for the peace pressing ahead despite Unionist threats to surrender. It will have to be to a third party. process. Reynolds said United States support for the boycott the talks. Comber Orange Lodge: In preparation for peace process has been critical. He said the Dinner hosted by Ambassador Smith: A my visit to Northern Ireland, I requested the decision to grant Adams a visa was what led dinner hosted by the Ambassador included opportunity to speak to a Unionist audience. to the cease-fire, but that there was no way Judge Catherine McGinness, Senator Mau- Arrangements were made for me to address Adams would or could renounce terrorism at rice Manning, Reverend Roy Magee, and Dr. the Orange Order in Comber, a middle-class that time and that anyone who thought so Martin Mansergh, all of whom have had a community near Belfast. The Orange Order was naive. He agreed with the view that the role in the peace process. I discussed the is the oldest and largest Protestant organi- Unionist leadership is out of touch. They British Government’s demand that the IRA zation in Northern Ireland, with over 80,000 decommission some of its weapons before never thought a cease-fire would happen, and in the unlikely event that it did they as- active members, and some 4,000 members in Sinn Fein is rewarded with a seat at the ne- the Republic. They regard themselves as gotiating table. The general view was that sumed it would be short-lived. They have not thought about what they would do in the ab- British subjects and are intensely pro-Union- Prime Minister Major has backed away from ist. this position somewhat, recognizing that the sence of violence, and were unprepared for My purpose in addressing the Orange Order IRA is unlikely to respond favorably at this the situation they now find themselves in. was, as an Irish American Catholic, to at- point and that it would be a mistake to link BELFAST tempt to counter the impression that the further progress in the peace talks to this The trip from Dublin to Belfast was nota- United States Government, and especially single issue. The point was made that turn- ble for the dramatic change that has oc- Irish American Catholics like myself, seek a ing over weapons by one side has never hap- curred at the border, where just six months particular outcome in the North. I stressed pened in Irish history, and that the aim ago a British military checkpoint slowed that the United States has one goal only, should be to keep the dialogue moving for- traffic to a crawl and subjected travelers to peace, and that it will support the peace ward. The issue of disarmament by all par- close scrutiny by armed soldiers and process even-handedly. I expressed support ties will be dealt with in the process of the searches of any suspicious vehicles. Today, for the principle that the status of the North talks. (Since my return, Sinn Fein leader the checkpoint is unmanned and vehicles should not change without the consent of a Gerry Adams, in response to President Clin- pass through without delay. Although Brit- majority of its people. I also stressed the im- ton’s decision to permit him to raise funds in ish military observation posts still protrude portance of protecting the civil rights of all the United States, agreed to discuss the from the tops of hills, the military presence people, majority and minority. issue of disarmament with the British Gov- generally is far from what it was. In Belfast, ernment at the ministerial level. Although where armored troop carriers and helmeted Several people in the audience vigorously the President’s decision was criticized by troops regularly patrolled the streets in criticized the Framework Document. I re- British officials, I am hopeful that it will large numbers, daytime patrols there have sponded that rather than reject a document lead to further progress towards peace which ended. British troops now wear berets in- that has not yet been published, they should would be to everyone’s advantage.) stead of helmets. look towards bringing their ideas and con- The Northern Ireland conflict has been The reduced British military presence in cerns to the negotiating table and to treat winding down since about 1989. The IRA con- Northern Ireland has won wide acclaim from the Framework for what it is, a discussion cluded that violence was accomplishing very Catholics. However, the day before I arrived paper rather than a final settlement. little, and that the political process might in Northern Ireland heavily armed British Unionists fear that the British Govern- offer more. On the other hand, the Unionists, troops conducted a raid in the IRA-strong- ment’s real purpose in seeking a resolution lacking imaginative and dynamic leadership, hold are of Crossmaglen near the border, to the Northern Ireland conflict is to aban- have lost touch with the people, who des- which drew strong criticism from Sinn Fein don them, and they see the United States as perately want peace. But while the war is as well as Irish Government officials, who part of a pro-Nationalist plot. They fear over, the guns are not going to be relin- felt that the eve of publication of the Frame- being isolated—foresaken by Britain and un- quished immediately. As the British move work Document was a time for both sides to willing to become Irish. Lacking dynamic their troops out, the IRA and Protestant show restraint. and imaginative leadership, they are at risk

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4745 of history passing them by. Many long for a for the project because of the economic bene- they are going to keep using them against past that never was, dream of a future that fits it will bring, but concern that too little their own people and their neighbors. never would be, and they fear a present they has been done to involve community mem- The British officials expressed concern do not understand. bers in the planning of the project. She fears that insurgent groups would not comply Members of the Comber Orange Lodge were that many of the high paying jobs will go to with a complete ban on antipersonnel mines. impassioned, but respectful. They claimed to outsiders, and local people will be left only I said that while there will always be some support tolerance and jobs for all people, and the menial jobs. I later conveyed her concern who ignore a ban, if the use of landmines is pointed out that many Protestants are as to IFI Chairman Willie McCarter. treated as a war crime they will be rarely bad off as Catholics. Several complained LONDON used. This is what we have seen with chem- about not being able to interest the US Meeting with Ambassador William Crowe ical weapons. Sir Timothy said they are media in their cause, although they refuse and Under Secretary Peter Tarnoff: At an afraid to take an ‘‘all or nothing approach’’ the press access to their own meetings. evening meeting with Ambassador Crowe and that could jeopardize support in the Third Meeting with Gerry Adams: I spent about World for less drastic measures. I pointed an hour with Gerry Adams. I commended the Under Secretary Tarnoff, we discussed a wide range of issues including Northern Ireland out that the approach being advanced in- efforts he, John Hume and Albert Reynolds volves an elaborate, largely unenforceable have made to seize this opportunity for and the problem of the proliferation of anti- personnel landmines. The issue of Gerry scheme that will not solve the problem. peace. We discussed Adams’ request to raise The subject of demining was discussed. I funds in the United States, which at the Adams’ request to raise funds in the United States came up, and the Ambassador ex- was told that Britain has contributed £7 mil- time was under consideration by the Clinton lion towards this effort, and that 67 British Administration. He felt that British opposi- pressed concern that the IRA has done noth- ing since the cease-fire to enhance con- troops are involved in training deminers in tion to it was nothing more than an effort to Cambodia. While this is important, all control the peace talks, since it is even in- fidence in its commitment to peace. Ambas- sador Crowe also expressed concern about agreed it was a far cry from what is needed. consistent with their own policy of letting Finally, we discussed the Northern Ireland him raise funds there. He added that Sinn the landmine problem and described some of his own experiences with landmines in com- situation. Sir Timothy spoke of the strong Fein can already raise funds in the United sense of alienation felt by Unionists in the States, only he and certain other leaders are bat. Meeting with Under Secretary Sir Timothy North. He said the overwhelming majority of banned from doing so. I told him that the people in Britain want to get out, but they fundraising issue is an issue primarily be- Daunt: I met for approximately 90 minutes with Under Secretary Daunt and three mem- also have a sense of responsibility that is re- cause the British have made it one. flected in the £4.5 billion in aid Britain sends Adams said the United States contribution bers of his staff on funding for UN peace- to Northern Ireland annually. to the IFI enables the Administration and keeping operations, international efforts to Meeting with Member of Parliament Paul the Congress to speak with credibility on the stop the proliferation and use of anti- Murphy: Paul Murphy is the Labour Party’s peace process. He added that the Catholics personnel landmines, and developments in chief spokesman on Northern Ireland. He were organized and ready to make proposals Northern Ireland. began the meeting by describing his contacts to the Fund, unlike the Protestants, but that Sir Timothy and his staff expressed alarm with leaders of Sinn Fein, who he said are Protestant leaders have since been impressed at proposals under consideration in Congress skillful and well-informed, if somewhat un- by the Fund’s accomplishments. which would have the effect of drastically re- Adams raised the case of an IRA prisoner ducing United States funding for UN peace- sure of how to proceed. They clearly want to in Tucson, Arizona, who is charged with buy- keeping operations. They specifically men- get back into the political process, and are ing explosive detonators. He expressed con- tioned legislation that would apply the cost anxious to be treated as politicians although cern about the conditions of his imprison- of in-kind contributions, such as transport they control only 8–12 percent of the vote. He ment. costs and materiel, towards UN assessments. said Sinn Fein is a growing political threat Meeting with West Belfast Catholics: On They said the effect of this, if applied to to John Hume’s Social Democratic and Sunday morning, after meeting with Sister Britain, would be that the UN would owe Labour Party. He said he is encouraged that Mary Turley and Father Myles Kavanaugh of Britain hundreds of millions of dollars it Protestant gunmen have also spoken about the Flax Trust, which like the IFI funds does not have and UN peacekeeping would the need to solve social problems. The armed projects in disadvantaged neighborhoods in quickly end. The logical results would be groups have become used to peace, to being Belfast, I met with a group of Catholic com- greater direct United States military in- able to walk around without fear. He be- munity workers in West Belfast. Geraldine volvement in regional peacekeeping activi- lieves that anyone who threatens that will McAteer, the spokesperson for the group, ex- ties. I told them that I agreed that these pro- be harshly criticized. plained that they work in both Catholic and posals are misguided, and that what is need- I told Murphy that I was very impressed Protestant neighborhoods. She said there ed is a permanent UN logistical force that with Prime Minister Major’s leadership on was a great desire for peace, and that with can respond to humanitarian crises without the Northern Ireland issue, and Murphy con- the ceasefire they were finally able to stop unnecessary delay. firmed that the British Labour Party fully living in fear of seeing their children beaten On the subject of landmines, Sir Timothy supports the British government’s policy. He or killed. She said people of both traditions said that Britain and the US are near agree- said both have strong Unionists in their want equal social and cultural rights. She ment on a comprehensive agreement (‘‘con- ranks, but agree on the principles in the emphasized the importance of equal self-es- trol regime’’) on the production, use and Framework Document. He added that there teem. She said Unionists should be able to transfer of antipersonnel landmines. He said may be some disagreement over the pace of act British if they choose, and Nationalists Britain accepts elimination of antipersonnel moving ahead. He said the Ulster Unionist should be able to act and feel Irish. She said landmines as the final goal. They favor re- Party is facing a successionist vote, and that there is room on the island for both, and that structuring landmine stockpiles in favor of it’s current head, James Molyneaux, may re- both have much in common. mines that self-destruct or deactivate within sign in favor of David Trimble who has been We talked about why there was a sense 48–72 hours, if they are not in marked and a vocal opponent of the Framework. He said that this time the conflict might really be guarded minefields. no Unionist can embrace any kind of ‘‘all over. They said that working class Protes- I explained the problems posed by such an Ireland’’ structures, although the obvious tants have come to recognize that although approach, namely, that they do not always and intelligent solution is to have one ap- they always thought being tied to Britain self-destruct and that it assures the contin- proach in such areas as energy, tourism, would make them better off, it has not ued use of non-self-destruct mines by coun- trade, and agriculture. He said he under- turned out that way. Their kids are doing tries that cannot afford the more expensive stands the Unionists’ fear of being absorbed worse in school than Catholics. They said alternative. Sir Timothy said that while into a theocracy, but questioned why they the Unionists need to learn to fend for them- Britain recognizes these arguments, which are so upset when they know the Framework selves, because the government is not going are also put forward by certain Members of enshrines the principle of consent and they to do it for them. Catholics realized that a Parliament and nongovernmental organiza- constitute a majority. He said the Unionists long time ago. tions, the government continues to regard will complain about the Framework but they They said the Unionists fear that a united landmines as a legitimate and necessary will be under considerable pressure from Irish Catholic majority would mistreat them weapon. He said that in the future there may their constituents, who want peace, to join as they have mistreated the Catholic minor- be alternatives and changes in military the process. ity in the North. At the same time, when strategy, but that elimination of these weap- We discussed the issue of Gerry Adams’ re- they as Catholics imagine a united Ireland, ons is not feasible in the short or medium quest to raise funds in the United States. they become concerned about being part of a term. He added that the British military be- Murphy said he has no objection to this as religious state. They favor separation be- lieves they can assure a failure rate of self- long as the proceeds are not used to buy tween church and state, and the right of all destruct mines of not more than 1/1000. I said weapons. We also discussed the need for re- to worship as they please. that while the United States and British form of the Royal Ulster Constabulary, the Ms. McAteer mentioned the planned con- Governments can say they will use only self- Protestant police force in Belfast which is struction of a public university on land with- destruct mines, Third World governments hated and feared by Catholics. Murphy said in their community, funded in part with £5 will be unmoved. They are not going to de- that any Catholic who joined the RUC would million from the IFI. She expressed support clare war against either of our countries, but be killed. Sinn Fein favors disbanding the

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4746 CONGRESSIONAL RECORD — SENATE March 28, 1995 RUC and creating a new, united police force safe foods and warns against regu- petition. This competition encourages for the whole island. latory reforms that will doom us to re- middle-school students to help envision Meeting with Minister of State Tony peat that history. solutions to facing our Nation’s cities. Baldry: Minister Baldry’s portfolio includes This article deserves the attention of North America, foreign assistance, and inter- These seventh- and eighth-grade stu- national counternarcotics programs. We dis- the Senate as we prepare for the up- dents use math and science skills to de- cussed recent changes in the Congress, and coming debate on regulatory reform so sign tabletop models of futuristic cit- the need for more interaction between legis- I ask that it be printed in the RECORD. ies, and each group of students is as- lators from our two countries. We also dis- The article follows: sisted by a teacher and a volunteer en- cussed Northern Ireland, and the use of the [From the New Yorker, Mar. 6, 1995] gineer. British Virgin Islands as a transhipment RATS: WHAT’S FOR DINNER? DON’T ASK. This year a team of students from point by narcotics traffickers. Ninety years ago, Upton Sinclair’s im- Glencoe, IL, was among the seven CONCLUSIONS mensely popular documentary novel ‘‘The teams from around the country that The single most compelling message I Jungle’’ exposed the conditions then pre- went to the final competition at the heard from the people of the Irish Republic vailing in the American meat-packing indus- National Science Foundation, and I and Northern Ireland was that they are done try. ‘‘Rats were nuisances, and the packers was pleased when they took third place with violence, and that anyone who returns would put poisoned bread out for them; they in the competition. to violence would be condemned by a major- would die, and then rats, bread, and meat ity of people of both traditions. I could feel would go into the hoppers together,’’ Sin- Those deserving special recognition an intense desire on the island to find a way clair wrote, in one of many vivid passages are Stephanie Richart, Alexandra for both Catholics and Protestants to coex- based on his research in Chicago, and he Wang, and Denise Armbruster, and ist. However, I also sensed that some Union- added, ‘‘There were things that went into the their teacher, Barbara James, of Cen- ists, who have willingly seen themselves as sausage in comparison with which a poisoned tral School in Glencoe, and also Bob British subjects their whole lives, are so rat was a tidbit.’’ Armbruster who volunteered his serv- fearful that their way of life is coming to an Peering back in time from the moral ices in helping the group with their end that they could ignite renewed violence heights of the present, we may find it hard to project.∑ if they are not reassured otherwise. make out why the captains of industry circa Despite this danger, I was very impressed 1905 conducted their businesses so rapa- f with the momentum the peace process has ciously. Were their hearts more resistant to MAKING MINORITY gained. The visionary leadership of John the promptings of conscience than those of APPOINTMENTS TO COMMITTEES Hume coupled with the courageous decision today’s corporate executives? Or did of British Prime Minister Major, former Sinclair’s villains do what they did because Mr. REID. Mr. President, I ask unan- Irish Prime Minister Reynolds, and Prime it kept costs down and, besides, they could imous consent that the Senate proceed Minister Bruton, to seize this opportunity, get away with it? Such questions are of more to the consideration of Senate Resolu- have constructed a process that I am opti- than just literary interest right now, for tion 95 at the desk, which was sub- mistic will lead to lasting peace. what can be got away with may be on the mitted earlier by the Democratic lead- The much-anticipated Framework Docu- brink of vast expansion. er. ment was published the day after I arrived Sinclair’s best-seller helped spur the pas- back in Washington, where it was very well sage by Congress, in 1906, of America’s first The PRESIDING OFFICER. Without received. Since then, President Clinton has great consumer-protection measures—a fed- objection, it is so ordered. The clerk agreed to permit Gerry Adams to raise funds eral meat-inspection law and the Pure Food will report the resolution. in the United States, and Adams responded and Drug Act, which together prohibited the The legislative clerk read as follows: by declaring his readiness to discuss the de- shipment of adulterated or mislabeled foods A resolution (S. Res. 95) making minority commissioning of arms with the British Gov- in interstate commerce. The first great po- party appointments to the Committee on En- ernment. The British Government recip- litical obstruction of consumer protection ergy and Natural Resources, and the Com- rocated by withdrawing 400 of its troops from quickly ensued. When producers of dried mittee on Veterans’ Affairs. Northern Ireland. Ministerial level talks be- fruit complained that limits on the use of Mr. REID. Mr. President, I ask unan- tween Britain and Sinn Fein are expected sulfur as a preservative might hurt sales, imous consent that the resolution be President Roosevelt’s Secretary of Agri- soon. I believe this is crucial to reassuring agreed to and the motion to reconsider Unionists that they will not be left defense- culture, James Wilson, backed down. ‘‘We less to a renewed IRA threat. have not learned quite enough in Washington be laid upon the table. The role of the United States in this effort to guide your business without destroying The PRESIDING OFFICER. Without cannot be overstated. After a somewhat in- it,’’ Mr. Wilson explained to them apologet- objection, it is so ordered. auspicious beginning, the International Fund ically, no doubt omitting to deride the in- So the resolution (S. Res. 95) was for Ireland has served a vital role in creating side-the-Beltway outlook of the Depart- agreed to, as follows: jobs—29,000 at last count, and bringing hope ment’s scientists only because the Beltway Resolved, That the following shall con- to hundreds of the most depressed commu- had yet to be built. Pro- and anti-regulatory stitute the minority party’s membership on nities, both Catholic and Protestant, in forces have grappled for advantage ever the following Senate committees for the Northern Ireland and the border countries of since. This week, the House Republicans, as 104th Congress, or until their successors are the Republic. The IFI is clearly a short-term part of their Contract with America, are appointed: solution. If peace takes hold, private invest- striving to rout the rulemakers once and for Energy and Natural Resources: Mr. John- ment should replace the IFI as the engine of all with a set of measures they imagina- ston, Mr. Bumpers, Mr. Ford, Mr. Bradley, economic development within two or three tively call the Job Creation and Wage En- Mr. Bingaman, Mr. Akaka, Mr. Wellstone, years. Until then, the IFI is an important hancement Act of 1995. The legislation would Mr. Heflin, and Mr. Dorgan. symbol of U.S. support for the peace process erect new obstacles in the already tortuous Veterans’ Affairs: Mr. Rockefeller, Mr. and a tangible way to support that process path of risk assessment. Graham, Mr. Akaka, Mr. Dorgan, and Mr. during this fragile period. f Wellstone. In addition, President Clinton’s willingness f to take political risks that the Irish and GLENCOE STUDENTS WIN British Governments were either unwilling ENGINEERING AWARD ORDERS FOR WEDNESDAY, MARCH or unable to take themselves, has made an ∑ Mr. SIMON. Mr. President, more 29, 1995 enormous difference. My hope is that my re- Mr. NICKLES. Mr. President, I ask inforcing his message in Dublin, Belfast and than 1.8 million Americans are em- London I was able to give some added impe- ployed as engineers, making it the Na- unanimous consent that when the Sen- tus towards lasting peace in the land of my tion’s second largest profession. ate completes its business today, it father’s father.∑ National Engineers Week has been stand in recess until the hour of 9:45 f celebrated annually since 1951 in order a.m., Wednesday, March 29, 1995, and to increase recognition of the contribu- that following the prayer, the Journal REGULATORY REFORM tions that engineering and technology of the proceedings be deemed to be ap- ∑ Mr. SIMON. Mr. President, the make in the quality of our lives. Dur- proved to date, the time for the two March 6, 1995 edition of the New Yorker ing the week of February 19 to 25, more leaders be reserved for their use later included a thoughtful piece on regu- than 40 well-known engineers partici- in the day; that the Senate proceed to latory reform by James Kunen. He re- pated in a variety of activities to help a period of routine morning business calls the history that led to the enact- promote engineering. not to extend beyond the hour of 10:45 ment of laws and agency regulations Among those activities was the na- a.m., with Members recognized to designed to protect the public from un- tional engineers week future city com- speak for up to 5 minutes each, with

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — SENATE S4747 the following exceptions: Senator today. I think we have improved the for a period not to exceed 5 minutes as CAMPBELL, 10 minutes; Senator bill as well. in morning business. MOSELEY-BRAUN, 40 minutes; Senators f The PRESIDING OFFICER. Without NICKLES and REID, for a combination of objection, it is so ordered. ORDER TO PROCEED TO H.R. 1158 10 minutes. Mr. JEFFORDS. Mr. President, I The PRESIDING OFFICER. Without Mr. NICKLES. I ask unanimous con- thank the Chair. objection, it is so ordered. sent that the Senate begin consider- (The remarks of Mr. JEFFORDS per- Mr. NICKLES. Under the previous ation of H.R. 1158 immediately fol- taining to the introduction of S. 643 are order, at 10:45 a.m., a rollcall vote will lowing passage of S. 219. located in today’s RECORD under occur on the passage of the regulatory The PRESIDING OFFICER. Without ‘‘Statements on Introduced Bills and moratorium bill, S. 219. objection, it is so ordered. Joint Resolutions.’’) Mr. REID. Mr. President, I would like f Mr. JEFFORDS. Mr. President, I to take this opportunity to express to yield the floor. my friend from Oklahoma, my appre- PROGRAM ciation for his patience, perseverance, Mr. NICKLES. For the information of f and his diligence in arriving at this all Senators, a vote will occur tomor- point. row at 10:45 on passage of the regu- RECESS UNTIL 9:45 A.M. I think the bill to be voted on, as latory moratorium bill, and the Senate TOMORROW amended by the substitute, is a very will then begin the supplemental dis- The PRESIDING OFFICER. Under important piece of legislation for this aster assistance bill. the previous order, the Senate stands country. This could not have been done Therefore, votes can be expected to in recess. but for the leadership of my friend occur throughout Wednesday’s session Thereupon, the Senate, at 7:14 p.m., from Oklahoma. I have enjoyed the of the Senate. The Senate could also be recessed until Wednesday, March 29, process. I think it has been one that asked to remain in session into the 1995, at 9:45 a.m. has been educational for us all, and I evening on Wednesday in order to think as we proceed through the cal- make progress on the appropriations f endar this year, we will look back to bill. NOMINATIONS this as a significant improvement in f the lives of the American public. Executive nominations received by I say that the American public ORDER TO RECESS the Senate March 28, 1995: should understand that it is possible to Mr. NICKLES. I now ask that fol- DEPARTMENT OF ENERGY do things on a bipartisan basis. My lowing the remarks of Senator JEF- JAMES JOHN HOECKER, OF VIRGINIA, TO BE A MEMBER friend from Oklahoma is chairman of FORDS, the Senate stand in recess under OF THE FEDERAL ENERGY REGULATORY COMMISSION FOR THE TERM EXPIRING JUNE 30, 2000. (REAPPOINT- the conference committee. I have a the previous order. MENT.) like position on the Democratic side. The PRESIDING OFFICER. Without IN THE AIR FORCE Again, I publicly commend and applaud objection, it is so ordered. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT the Senator from Oklahoma for his Mr. NICKLES. Mr. President, I sug- TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- work in this matter. gest the absence of a quorum. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION Mr. NICKLES. Mr. President, I thank The PRESIDING OFFICER. The 601: my friend and colleague, Senator REID. clerk will call the roll. To be lieutenant general We have worked together on many The legislative clerk proceeded to LLOYD W. NEWTON, 000–00–0000 issues over the years in the Senate. It call the roll. has been a pleasure to work with him Mr. JEFFORDS. Mr. President, I ask IN THE NAVY on this issue. I think this is a signifi- unanimous consent that the order for THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF VICE ADMIRAL WHILE ASSIGNED TO A cant bill and one that has been im- the quorum call be rescinded. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER proved because it has been bipartisan. I The PRESIDING OFFICER (Mr. TITLE 10, UNITED STATES CODE, SECTIONS 601 AND 5137: again thank Senator LEVIN and Sen- SANTORUM). Without objection, it is so CHIEF OF THE BUREAU OF MEDICINE AND ator GLENN, and many other colleagues ordered. SURGERY AND SURGEON GENERAL on this side of the aisle, for some of Mr. JEFFORDS. Mr. President, I ask To be vice admiral their amendments that we agreed to unanimous consent that I may proceed HAROLD M. KOENIG, MEDICAL CORPS, 000–00–0000

VerDate Aug 31 2005 04:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S28MR5.REC S28MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 703 EXTENSIONS OF REMARKS

PRIVATIZE AMERICAN EDUCATION The most feasible way to bring about a revolution within China that led to its being gradual yet substantial transfer from gov- opened up to the rest of the world. Similarly, HON. PHILIP M. CRANE ernment to private enterprise is to enact in a political revolution took place in Latin each state a voucher system that enables America that, over the course of the past OF ILLINOIS parents to choose freely the schools their several decades, has led to a major increase IN THE HOUSE OF REPRESENTATIVES children attend. I first proposed such a in the fraction of people there who live in Tuesday, March 28, 1995 voucher system 40 years ago. countries that can properly be described as Many attempts have been made in the Mr. CRANE. Mr. Speaker, the public edu- democracies rather than military dictator- years since to adopt educational vouchers ships and that are striving to enter open cation system in America, having been infil- with minor exceptions, no one has succeeded world markets. in getting a voucher system adopted, thanks trated by Federal regulations, has significantly The technological revolution has made it primarily to the political power of the school diminished fundamental learning opportunities possible for a company located anywhere in establishment, more recently reinforced by that should be available to all students. the world to use resources located anywhere Since the Department of education was es- the National Education Association and the American Federation of Teachers, together in the world, to produce a product anywhere tablished in 1980, curriculum standards, as the strongest political lobbying body in the in the world, to be sold anywhere in the well as the incentive for students to succeed United States. world. It’s impossible to say, ‘‘this is an have plummeted. What many people do not (1) THE DETERIORATION OF SCHOOLING American car’’ or ‘‘this is a Japanese car,’’ and the same goes for many other products. recognize is that future social stability and The quality of schooling is far worse today The possibility for labor and capital any- adequate education run parallelÐwhen one than it was in 1955. There is no respect in where to cooperate with labor and capital rises, the other will follow. which inhabitants of a low-income neighbor- It is obvious that quality education in Ameri- hood are so disadvantaged as in the kind of anywhere else had dramatic effects even be- ca's schools, mainly public, needs to be resur- schooling they can get for their children. fore the political revolution took over. It rected. The fundamental step in reforming The reason is partly the deterioration of our meant that there was a large supply of rel- central cities, partly the increased cen- atively low-wage labor to cooperate with public school systems begins with decen- capital from the advanced countries, capital tralization. The power to reduce the standard tralization of public schools—as evidenced by the decline in the number of school dis- in the form of physical capital, but perhaps curriculum, held by the Department of edu- tricts from 55,000 in 1955 to 15,000 in 1992. even more important, capital in the form of cation, should never have been created. There Along with centralization has come—as both human capital—of skills, of knowledge, of is no benefit no bureaucratic control over our cause and effect—the growing strength of techniques, of training. Nation's learning institutions. It literally threat- teachers’ unions. Whatever the reason, the Before the political revolution came along, ens the level of competence that future adults fact of deterioration of elementary and sec- this international linkage of labor, capital will possess. ondary schools is not disputable. and know-how had already led to a raid ex- Dr. Milton Friedman, a senior research fel- The system over time has become more de- pansion in world trade, to the growth of mul- low at the Hoover Institution in Stanford, CA, fective as it has become more centralized. tinational companies and to a hitherto un- Power has moved from the local community imaginable degree of prosperity in such for- and a recipient of the Nobel Prize in 1976, in- to the school district to the state, and to the troduces the benefits of a voucher system merly underdeveloped countries in East Asia federal government. About 90 percent of our as the ‘‘Four Tigers.’’ Chile was the first to within privatized schooling. In his article, ``Pub- kids now go to so-called public schools, benefit from these developments in Latin lic Schools, Make Them Private,'' he illustrates which are really not public at all but simply America, but its example soon spread to how the voucher will eventually boost student private fiefs primarily of the administrators Mexico, Argentina and other countries in the performance and help low income families pay and the union officials. region. In Asia, the latest to embark on a for school without raising taxes. We all know the dismal results: some rel- program of market reform is India. I commend to the attention of my colleagues atively good government schools in high-in- The political revolution greatly reinforced come suburbs and communities; very poor the technological revolution in two different the following article written by Dr. Friedman in government schools in our inner cities with ways. First, it added greatly to the pool of the hopes that we can correct the flaws in high dropout rates, increasing violence, low-wage, yet not necessarily unskilled labor American education. lower performance and demoralized students [From the Washington Post, Feb. 19, 1995] and teachers. that could be tapped for cooperation with labor and capital from the advanced coun- PUBLIC SCHOOLS: MAKE THEM PRIVATE These changes in our educational system tries. The fall of the Iron Curtain added per- (By Milton Friedman) have clearly strengthened the need for basic reform. But they have also strengthened the haps a half-billion people and China close to Our elementary and secondary educational obstacles to the kind of sweeping reform a billion, freed a least partly to engage in system needs to be radically reconstructed. that could be produced by an effective vouch- capitalist acts with people elsewhere. That need arises in the first instance from er system. The teachers’ unions are bitterly Second, the political revolution discredited the defects of our current system. But it has opposed to any reform that lessens their own the idea of central planning. It led every- been greatly reinforced by some of the con- power, and they have acquired enormous po- where to greater confidence in market mech- sequences of the technological and political litical and financial strength that they are anisms as opposed to central control by gov- revolutions of the past few decades. Those prepared to devote to defeating any attempt ernment. And that in turn fostered inter- revolutions promise a major increase in to adopt a voucher system. The latest exam- national trade and international coopera- world output, but they also threaten ad- ple is the defeat of Proposition 174 in Califor- tion. vanced countries with serious social conflict nia in 1993. arising from a widening gap between the in- These two revolutions offer the oppor- comes of the highly skilled (cognitive elite) (2) THE NEW INDUSTRIAL REVOLUTION tunity for a major industrial revolution com- and the unskilled. A radical reconstruction of our educational parable to that which occurred 200 years A radical reconstruction of the educational system has been made more urgent by the ago—also spread by technological develop- system has the potential of staving off social twin revolutions that have occurred within ments and freedom to trade. In those 200 conflict while at the same time strengthen- the past few decades: a technological revolu- years, world output grew more than in the ing the growth in living standards made pos- tion—the development, in particular, of preceding 2000. That record could be ex- sible by the new technology and the increas- more effective and efficient methods of com- ceeded in the next two centuries if the peo- ingly global market. In my view, such a radi- munication, transportation and transmission ples of the world take full advantage of their cal reconstruction can be achieved only by of data; and a political revolution that has new opportunities. privatizing a major segment of the edu- widened the influence of the technological cational system—i.e., by enabling a private, revolution. (3) WAGE DIFFERENTIALS for-profit industry to develop that will pro- The fall of the Berlin Wall was the most The twin revolutions have produced higher vide a wide variety of learning opportunities dramatic event of the political revolution. wages and incomes for almost all classes in and offer effective competition to public But it was not necessarily the most impor- the underdeveloped countries. The effect has schools. Such a reconstruction cannot come tant event. For example communism is not been somewhat different in the advanced about overnight. It inevitably must be grad- dead in China and has not collapsed. And yet countries. The greatly increased ratio of low- ual. beginning in 1976, Premier Deng initiated a cost labor to capital has raised the wages of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 704 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 1995 highly skilled labor and the returns on phys- sition to make innovative changes. For that, LEGISLATION TO AUTHORIZE CON- ical capital but has put downward pressure we need a much larger and more vigorous GRESSIONAL MEDAL OF HONOR on the wages of low-skilled labor. The result private enterprise system. POSTHUMOUSLY TO BREVET has been a sharp widening in the differential The problem is how to get from here to BRIG. GEN. STRONG VINCENT between the wages of highly skilled and low- there. Vouchers are not an end in them- skilled labor in the United States and other selves; they are a means to make a transi- advanced countries. tion from a government to a market system. HON. PHIL ENGLISH If the widening of the wage differential is The deterioration of our school system and OF PENNSYLVANIA allowed to proceed unchecked, it threatens the stratification arising out of the new in- to create within our own country a social IN THE HOUSE OF REPRESENTATIVES dustrial revolution have made privatization problem of major proportions. We shall not Tuesday, March 28, 1995 be willing to see a group of our population of education far more urgent and important move into Third World conditions at the than it was 40 years ago. Mr. ENGLISH of Pennsylvania. Mr. Speaker, same time that another group of our popu- Vouchers can promote rapid privatization today I am introducing legislation to authorize lation becomes increasingly well off. Such only if they create a large demand for pri- the Congressional Medal of Honor be given stratification is a recipe for social disaster. vate schools to constitute a real incentive posthumously to Brevet Brig. Gen. Strong Vin- The pressure to avoid it by protectionist and for entrepreneurs to enter the industry. That cent for his actions in the defense of Little other similar measures will be irresistible. requires first that the voucher be universal, Round Top at the Battle of Gettysburg. available to all who are now entitled to send (4) EDUCATION General Vincent's heroic leadership was re- So far, our educational system has been their children to government schools, and second that the voucher, though less than sponsible for the speedy placement of his bri- adding to the tendency to stratification. Yet gade and tenacious defense against over- it is the only major force in sight capable of the government now spends per pupil on edu- offsetting that tendency. Innate intelligence cation, be large enough to cover the costs of whelming odds. General Vincent directed the undoubtedly plays a major role in determin- a private profit-making school offering a men defending Little Round Top to ``hold ing the opportunities open to individuals. high-quality education. If that is achieved against all hazards.'' Yet it is by no means the only human qual- there will in addition be a substantial num- Without the leadership of Gen. Strong Vin- ity that is important, as numerous examples ber of families that will be willing and able cent the Confederate Army would have taken demonstrate. Unfortunately, our current to supplement the voucher in order to get an Little Round Top, enabling them to place their educational system does little to enable ei- even higher quality of education. As in all artillery at the top of the hill and attack the ther low-IQ or high-IQ individuals to make cases, the innovations in the ‘‘luxury’’ prod- flank of the Union Army. If Little Round Top the most of other qualities. Yet that is the uct will soon spread to the basic product. way to offset the tendencies to stratifica- would have fallen, the Battle of Gettysburg For this image to be realized, it is essen- tion. A greatly improved educational system would have had a different ending. tial that no conditions be attached to the ac- can do more than anything else to limit the Gen. Strong Vincent was mortally wounded ceptance of vouchers that interfere with the harm to our social stability from a perma- while rallying the 16th Michigan Regiment to nent and large underclass. freedom of private enterprisers to experi- ment, to explore and to innovate. If this reorganize and hold their ground. General Vin- There is enormous room for improvement cent acted above and beyond the call of duty in our educational system. Hardly any activ- image is realized, everybody, except a small ity in the United States is technically more group of vested interests, will win; parents, and saved the day for the Union Army at the backward. We essentially teach children in students, dedicated teachers, taxpayers—for Battle of Gettysburg. the same way that we did 200 years ago: one whom the cost of the educational system For these important reasons, I am pleased teacher in front of a bunch of kids in a closed will decline—and especially the residents of to offer this bill to the House. room. The availability of computers has central cities, who will have a real alter- f changed the situation, but not fundamen- native to the wretched schools so many of tally. Computers are being added to public their children are now forced to attend. PERSONAL RESPONSIBILITY ACT schools, but they are typically not being The business community has a major in- OF 1995 used in an imaginative and innovative way. terest in expanding the pool of well-schooled I believe that the only way to make a potential employees and in maintaining a SPEECH OF major improvement in our educational sys- free society with open trade and expanding tem is through privatization to the point at HON. NANCY PELOSI which a substantial fraction of all edu- markets around the world. Both objectives OF CALIFORNIA cational services are rendered to individuals would be promoted by the right kind of by private enterprises. Nothing else will de- voucher system. IN THE HOUSE OF REPRESENTATIVES stroy or even greatly weaken the power of Finally, as in every other area in which Thursday, March 23, 1995 the current educational establishment—a there has been extensive privatization, the necessary precondition for radical improve- privatization of schooling would produce a The House in Committee of the Whole ment in our educational system. And noth- new, highly active and profitable private in- House on the State of the Union had under ing else will provide the public schools with dustry that would provide a real opportunity consideration the bill (H.R. 4) to restore the the competition that will force them to im- for many talented people who are currently American family, reduce illegitimacy, con- prove in order to hold their clientele. deterred from entering the teaching profes- trol welfare spending and reduce welfare de- No one can predict in advance the direc- sion by the dreadful state of so many of our pendence: tion that a truly free-market educational schools. Ms. PELOSI. Mr. Chairman, I rise today to system would take. We know from the expe- This is not a federal issue. Schooling is and remind my colleagues of the most critical as- rience of every other industry how imagina- should remain primarily a local responsibil- pect of this welfare reform debateÐthe effect tive competitive free enterprise can be, what ity. Support for free choice of schools has this legislation will have on poor children in new products and services can be introduced, been growing rapidly and cannot be held how driven it is to satisfy the customers— our Nation. back indefinitely by the vested interests of Child poverty is an enormous drain on the that is what we need in education. We know the unions and educational bureaucracy. I how the telephone industry has been revolu- Nation's economy. Every year of child poverty sense that we are on the verge of a break- tionized by opening it to competition; how will end up costing billions of dollars in lower through in one state or another, which will fax has begun to undermine the postal mo- future productivity, special education, crime, nopoly in first-class mail; how UPS, Federal then sweep like a wildfire through the rest of the country as it demonstrates its effective- foster care, and teenage pregnancy. Express and many other private enterprises We must create long-term solutions for this have transformed package and message de- ness. livery and, on the strictly private level, how To get a majority of the public to support shameful problem of child poverty in our coun- competition from Japan has transformed the a general and substantial voucher, we must try. Yet this Republican welfare reform bill domestic automobile industry. structure the proposal so that (1) it is simple seeks to solve this problem by punishing our The private schools that 10 percent of chil- and straightforward so as to be comprehen- Nation's children simply for this misfortune of dren now attend consist of a few elite schools sible to the voter, and (2) guarantees that being born to a family without means or re- serving at high cost a tiny fraction of the the proposal will not add to the tax burden sources. population, and many mostly parochial non- in any way but will rather reduce net gov- This bill punishes children born out of wed- profit schools able to compete with govern- ernment spending on education. A group of lock, born to an unmarried teenage mother, ment schools by charging low fees made pos- us in California has produced a tentative sible by the dedicated services of many of born to a welfare family, or born without estab- proposition that meets these conditions. The lished paternity. the teachers and subsidies from the sponsor- prospects for getting sufficient backing to Poor young children in working families are ing institutions. These private schools do have a real chance of passing such a propo- provide a superior education for a small frac- sition in 1996 are bright. victims of this bill. Twenty six percent of chil- tion of the children, but they are not in a po- dren under 6 years old live in poverty, nearly March 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 705 twice the number of poor adults over 18. Yet Rights Foundation) organized a human ous shortfalls in Turkey’s administration of the Republican proposal would reduce Federal rights fact-finding mission to Turkey (2/25–3/ justice. funding for child care by 20 percent over 5 1/95). The delegation was led by the Honor- able J. Kenneth Blackwell, a Member of the IV. SUMMARY OF FINDINGS years. Child care assistance is often the key Board of Directors and former U.S. Ambas- The Interior Ministry indicates that 1,046 to whether families can move from welfare to sador to the United Nations Human Rights villages in the emergency region have been work. How can reform succeed if this need is Commission (UNHRC). The delegation also evacuated; human rights monitors say sev- not sufficiently addressed? included David L. Phillips, President of the eral thousand villages have been destroyed; Disabled children are victims of this bill. The Foundation. The purpose of the trip was to homes and their claimed inhabitants have Republican proposal would cut SSI benefits to investigate reported human rights violations been burned; use of chemical agents and poi- disabled children by $10.9 billion over 5 years. committed by the Government of Turkey, son gas are reported. The Government ac- particularly the abuses against its citizens of Within 6 months, 250,000 of the 900,000 se- knowledges that 940 combatants have been Kurdish origin. The delegation also inves- killed; however, other reports claim that verely disabled children now receiving benefits tigated violations by the PKK, a separatist would lose them. These children already face organization committed to armed struggle. thousands have died. The population of difficulties in coping with the world, only to be Based on the delegation’s findings, a report Diyarbakir has doubled to more than 1.2 mil- met with more challenges in these cuts. has been submitted to officials in Geneva, lion as internally displaced persons have Abused and neglected children are victims Members of the U.S. Congress, the European sought refuge in the city. of this bill. Incidents of child abuse number up Parliament, and National Assemblies in Eu- The DEP parliamentarians were convicted to 3 million a year, yet child welfare and pro- rope. in proceedings many observers labelled a tection programs, including foster care and II. PROGRAM ‘‘show-trial.’’ The Government of Turkey in- adoption assistance, will be replaced with a The delegation visited Istanbul, dicates that 8,682 persons have been sen- tenced under its Anti-Terror Act, which per- block grant, cutting $2.7 billion in funding over Diyarbakir, and Ankara. In order to consider mits arbitrary arrest. Many of those known 5 years. a broad range of views, the delegation spoke with Turkish officials from the Office of the to be arrested, as well as persons who have Hungry children are victims of this bill. The Prime Minister, the Ministry of Justice, the disappeared, were just attempting to peace- School Breakfast and Lunch programs and the Ministry of Foreign Affairs, the Turkish fully exercise freedoms of speech, associa- WIC program will be replaced with nutrition Grand National Assembly, the Governor and tion, or other internationally recognized block grants. Funding for these block grants is Deputy Governor of the Emergency Region, human rights. The Turkish Human Rights set below the funding which would have oc- and Turkish Army personnel. The delegation Association reports instances of curred under the current programs, yet the also met with representatives of the Turkish extrajudicial killings and torture of persons number of families in need of these programs Human Rights Association, the Turkish held in incommunicado for political crimes. continues to rise. Human Rights Foundation, the Diyarbakir There are 250 cases/appeals presently before We are responsible for our children's future. Bar Association, HADEP officials, a DEP the European Court of Human Rights and the Parliamentarian, lawyers representing the European Commission on Human Rights. When our children are neglected, our Nation DEP MPs, former MPs of Kurdish origin, and The Constitutional Court of Turkey has no will suffer. President Harry Truman said that Kurdish citizens. right of review for ‘‘decrees with the force of nothing is more important in our national life Our official request for meetings with than the welfare of our children. If you believe Layla Zana and Ahmet Turk, imprisoned law’’ issued under the state of emergency. this as I do, you will join with me in opposition parliamentarians and members of the Foun- The Anti-Terror Act, adopted in 1991, re- to this legislation that will undeniably harm our dations Interparliamentary Human Rights stricts many civil liberties, including attor- ney access to, as well as the rights of, per- most valuable resource. Network (IPN), was declined. Despite assur- ances from the Governor of the Emergency sons in detention. The Anti-Terror Act and f Region, our travel to Kurdish villages out- state of emergency provisions also restrict DELEGATION DETAILS HUMAN side of Diyarbakir was blocked at military freedom of expression. Government agencies RIGHTS CONDITIONS IN TURKEY checkpoints. The office of the Diayarbakir harass and imprison human rights minors, Human Rights Association was closed and journalists, lawyers, and professors. The four members were arrested within 24 hours Act’s broad and ambiguous definition of ter- HON. CHRISTOPHER H. SMITH of the delegation’s meeting with representa- rorism, particularly Article 8, has led to OF NEW JERSEY tives of the Association. widespread abuses of innocent civilians. IN THE HOUSE OF REPRESENTATIVES III. SUMMARY OF OBSERVATIONS In addition, the Constitutional Court has Tuesday, March 28, 1995 Turkish authorities are systematically banned the DEP party, a vehicle for the ex- violating the rights of Turkish citizens, in- pression of Kurdish cultural identity and full Mr. SMITH of New Jersey. Mr. Speaker, cluding those of Kurdish origin. The Anti- citizenship rights. In the past two years, 26 earlier this month members of a Parliamentary Terror Act and the State of Emergency pro- DEP and HADEP members have been killed. Human Rights Foundation delegation returned vide legal sanction for gross human rights In the run-up to recent elections, the DEP from a fact-finding mission to Turkey. The violations, particularly in Southeast Tur- headquarters was bombed. The press law per- human rights situation in that country has sig- key. mits banning of publications with a court nificantly deteriorated in recent years despite Turkish authorities state that their objec- order and states that ‘‘responsible editors’’ assurances otherwise by Turkey's leaders. tion is to the non-combatants terrorism. bear responsibility for the content of their At present, internal tensions have reached However, many civilian non-combatants suf- publications; 19 journalists have been tried new heights, threatening to tear apart the fer human rights violations as a result of the under the Anti-Terror Act. On December 3, struggle between Turkish authorities and multiethnic fabric of Turkish society while de- 1994, a journal reputed to be pro-PKK, the the PKK. The PKK is an extremist, militant ‘‘Izgur Ulke’’ was bombed. There are no inde- stabilizing the entire region. Turkey's cam- organization responsible for acts of terror- pendent Kurdish language newspapers, tele- paign against the Kurdish Worker's Party ism in which Turkish military and police vision, or radio. Regarding cultural expres- [PKK] has been used to justify the recent inva- personnel are targeted, as are Kurdish civil- sion of Northern Iraq as well as sweeping re- ians. It should be noted, however, that the sion, the Constitution does not recognize Kurds as a national, racial, or ethnic minor- strictions on pro-Kurdish expression and PKK has recently called for a ‘‘civilian solu- ity. Two hundred Kurds were arrested during peaceful political activity. And, while the PKK tion’’ to the Kurdish question and has recog- nized Turkey’s borders. Newroz New Year celebrations in Diyarbakir. continues to operate and gather support, Tur- It is important to note that the PKK, it- key's democratic credentials are increasingly The Government of Turkey believes all persons who seek political and cultural ex- self, is responsible for gross human rights questioned. pression for the Kurds are ‘‘separatists’’ and violations by targeting village officials, Mr. Speaker, at this time I ask that the re- PKK sympathizers. Suspected by Turkish au- guards, informants, teachers, and young men port of the Parliamentary Human Rights Foun- thorities as bases for PKK operations, more who refuse to take up arms against the au- dation delegation, which outlines many of the than one thousand Kurdish villages have thorities. By the admission of its own rep- human rights problems in Turkey and offers been destroyed. Human rights monitors re- resentatives, the PKK has recently killed 179 constructive recommendations on how Tur- port instances of arbitrary detention, tor- village guards, 66 collaborators, and police key's Government might better address such ture, extrajudicial killing, and restrictions officials. The well-being of almost every on freedom of expression. In addition, demo- problems be printed in the RECORD. Kurd is adversely affected by the conflict. cratically elected parliamentarians of Kurd- As a result of the conflict, Turkey’s citi- REPORT ON HUMAN RIGHTS CONDITIONS IN ish origin have been jailed and convicted for TURKEY, MARCH 2, 1995 zens of Kurdish origin have become bereft of disseminating ‘‘separatist’’ propaganda and many democratic rights and are denied effec- I. SUMMARY supporting an ‘‘armed band’’ while, in re- tive political and cultural expression. The The Parliamentary Human Rights Founda- ality, they were merely representing the in- tion (formerly the Congressional Human terests of their constituents. There are seri- E 706 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 1995 resulting radicalization of the Kurds is con- scribe its purpose best. ``To preserve and ative action represents nothing more than a tributing to a worsening security situation strengthen comradeship among its members; Government-designed racial spoils system. throughout the country. An increasing num- to assist worthy comrades; to perpetuate the Equal treatment, not preferential treatment, ber of Kurds are turning to the pro-Muslim memory and history of our dead, and to assist Welfare Party. should be the standard. Equal opportunity, not their widows and orphans; to maintain true al- V. RECOMMENDATIONS equal results, must be the goal. legiance to the Government of the United For the past 30 years, Government quotas The international community should pro- States of America.'' mote improvement in human rights condi- and guidelines have promoted a society that tions in Turkey by encouraging a dialogue On March 28, 1920, the Chateau Cantigny treats some Americans differently from others. Post No. 367 in Joliet was formed. Its name between Turkish authorities and legitimate Government dictates how varying ethnic was derived from the men who served with representatives of Kurdish interests. To this groups will divvy up jobs, promotions, con- the 1st Division and saw action at the end, amnesty should be provided to con- tracts, and college admissions. Affirmative ac- victed DEP parliaments so that they can Cantigny Woods. John Baron served as the participate in a dialogue concerning the re- first commander of the post which had 38 tion promotes opportunity based on race and duction of tensions and the normalization of charter members. creed not merit. This premise promotes the relations between Turkish authorities and Since that day, Cantigny Post 367 members false idea that minorities cannot compete with- Turkey’s citizens of Kurdish origin. have contributed greatly to the community. out special favors. Simply put, it implies inferi- Within the competence of the UNHRC, the ority. Working Group on Arbitrary Detention, and They dedicate their time and energy to assist- the Special Rapporteurs on Torture and ing hospitalized veterans through raising funds Affirmative action pits group against group, Freedom of Expression should investigate for Hines VA Hospital, Danville VA Hospital, stirring envy and resentment while eroding the human rights conditions in Turkey. The North Chicago VA Hospital, the VFW National value of individual worth. You do not raise Government of Turkey has ‘‘invited’’ the Home and the Veterans Home in Manteno, IL. yourself up by holding others down. Govern- Special Rapporteur on Summary Executions The post also presents flags to high ment-imposed favoritism demeans the genuine to visit Turkey. A suitable itinerary and schools, ROTC groups and other civic organi- achievements of those it is supposed to help. near term date should be finalized. zations. Mr. Speaker, in the twisted game of affirma- Efforts should be made by the U.S. and the It is a distinct pleasure to have such an hon- E.U. to establish mutual reinforcing restric- tive action, quantity takes precedence over tions on the sale of military equipment orable and patriotic group in the 11th Con- quality allowing discrimination to pose under which might be used against civilian popu- gressional District and I applaud your efforts. the guise of fairness. We must not confuse Congratulations on your 75th anniversary and lations. The US and EU should also coordi- equal opportunity with equal results any please continue your hard workÐit is truly ap- nate the extension and/or relaxation of tariff longer. The more equal the opportunity the and trade privileges based on Turkey’s over- preciated. more diverse the results. It is time to end af- all human rights performance. f Technical assistance programs in the rule firmative action. We need to promote fair com- of law should be undertaken among Members PERSONAL RESPONSIBILITY ACT petition in our society, not Government quotas of the Turkish Grand National Assembly, OF 1995 and favoritism. European Parliament, and U.S. Congress in order to strengthen democratic institutions SPEECH OF f and assist in constitutional and legislative reform. The Anti-Terror Act should be HON. NANCY PELOSI MRS. VIRLIN MILLEE WATSON FOR amended so that the rights of Turkish citi- OF CALIFORNIA HAVING REACHED HER 100TH IN THE HOUSE OF REPRESENTATIVES zens are safeguarded, as is the right of the BIRTHDAY state to protect its territorial integrity. Wednesday, March 22, 1995 Electronic computer networks should be es- tablished between the TGNA and parliamen- The House in Committee of the Whole tary bodies in other countries. House on the State of the Union had under HON. JAY DICKEY These recommendations are provided so consideration the bill (H.R. 4) to restore the that the international community can be- American family, reduce illegitimacy, con- OF ARKANSAS come fully seized by the worsening human trol welfare spending and reduce welfare de- IN THE HOUSE OF REPRESENTATIVES rights conditions in Turkey. The authors of pendence: this report hope for reconciliation through Ms. PELOSI. Mr. Chairman, I rise in opposi- Tuesday, March 28, 1995 dialogue so that peace, prosperity, and de- tion to the Talent amendment. The Republican mocracy may flourish for all citizens of the Mr. DICKEY. Mr. Speaker, today I would welfare reform plan is weak on work, and this like to pay tribute to Mrs. Virlin Millee Watson. Turkish Republic. amendment does not solve that problem. Mrs. Watson was born on March 25, 1895, to f This amendment provides neither enforce- the late James William Millee and Sarah Jane CONGRATULATIONS TO CANTIGNY ment of its work requirements or resources to meet them. This amendment has no guaran- Long Millee in Sebastian County, AK, near the POST 367 ON ITS 75TH ANNIVER- town of Fort Smith, where she lived until 1906 SARY tees that those who get work will make a living wage. when her family moved south to Pine Bluff, The Talent amendment would not lift people AK. HON. JERRY WELLER out of welfare and into work. It would create Mrs. Watson graduated from Pine Bluff High OF ILLINOIS an even large class of working poor in this School and began work in June 1915 for IN THE HOUSE OF REPRESENTATIVES country than we have now. Schober-Martin Dry Goods Co. as a pattern Tuesday, March 28, 1995 Real welfare reform should emphasize self- clerk and also answered the telephone. She Mr. WELLER. Mr. Speaker, today, I con- sufficient employment that provides a liveable studied bookkeeping in night classes at a pri- gratulate the Veterans of Foreign Wars wage, that can create a long-term solution to vately-run school in Pine Bluff and in 1916 Cantigny Post 367 in Joliet, IL, as it celebrates the crisis of poverty. was hired by Joe Hankins & Co. cotton buyers its 75th anniversary and thank them for their The Talent amendment does not strengthen as a bookkeeper. In 1919 she became book- hard work and dedication to the community the work requirements in the Republican bill or keeper for Pine Bluff Produce and Provision and our country. provide real job opportunity. I urge my col- Co. and worked in that position until her mar- For the past 75 years and more, the veter- leagues to vote ``no'' on the Talent amend- riage. During this time she was an active ans have given their time, and in some cases ment. member of the Ohio Street Baptist Church and their lives, and their service to America. Today f also enjoyed an active social life. we show our appreciation. ENDING DISCRIMINATION On November 15, 1922, she was married to Thank you for your lifelong devotion to de- Clarence Watson. Mr. Watson was employed mocracy. HON. RON PACKARD in the administrative office of the Cotton Belt The Veterans of Foreign Wars was orga- OF CALIFORNIA Railroad. After the marriage, she joined the nized in 1899 and is composed of Army, IN THE HOUSE OF REPRESENTATIVES First Baptist Church and, in addition to church Navy, and Marine veteransÐall of whom share a comradery and a distinct allegiance to Tuesday, March 28, 1995 both country and each other. Perhaps the ob- Mr. PACKARD. Mr. Speaker, one does not jectives listed for the VFW organization de- solve discrimination with discrimination. Affirm- March 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 707 activities, was a dedicated homemaker and a now that the Republican majority has given us Rich Products Corp. now employs over member of several social clubs composed of a bill that is not only mean, but also com- 7,000 people nationally and internationally with young matrons of the city. pletely unworkable. manufacturing sites and field offices through- On May 9, 1931, she gave birth to Clarence The Deal substitute works in partnership out North America and the world. Rich's is Watson, Jr., and in November of that same with State and local governments to ensure headquartered on the banks of the Niagara year the Watsons moved to a new house at that special situations receive adequate re- River in Buffalo, NY with sales now exceed 3003 Cherry Street, where Mrs. Watson would sources and flexibility and that the goal of get- $940 million annually. live for some 59 years thereafter. On June 2, ting people off welfare into work can be met. Throughout all its history, Rich Products 1951, Mrs. Watson began a second career. Individuals can begin a job search with the Corp. has maintained a strong commitment to Mr. Watson's failing health contributed to the assistance of a Work First program and re- the western New York community. Rich's and need and desire for Mrs. Watson to once sources for child care. They have the option of its president, Robert E. Rich, Jr., dem- again enter the work force. She was placed in starting or continuing education. This plan ac- onstrated this with their effort to keep baseball charge of the tuberculosis unit of the Jefferson knowledges that, in order to get people to in Buffalo. Bob Rich took a failing franchise County, AK, health unit. She remained em- work and to keep working, we must assist and brought it to the forefront of professional ployed in that position until her retirement in them with their individual needs. No one situa- baseball in many ways including breaking the January 1958. Mr. Watson died September tion is the same, and this substitute addresses million mark in attendance for 5 straight years. 11, 1958. that dilemma. Bob Rich, Jr., also serves on numerous Mrs. Watson continues to maintain interest Further, the Deal substitute explicitly states boards throughout the western New York com- in the affairs of her church as well as city, that all savings from the bill will be applied to munity. State, and national affairs. She also remains a deficit reduction, not to pay for tax cuts for the Rich Products Corp. is also the parent com- devoted Arkansas Razorback football and bas- wealthy. pany for Rich Communications which runs two ketball fan. In late 1993 she moved to Trinity And most importantly, the Deal substitute radio stations in the western New York broad- Village but continues to maintain her Cherry does not in any way attempt welfare reform at cast market. Street home for occasional use. Her son, C.E. the expense of poor children. Robert E. Rich, Sr., has also demonstrated Watson, and his wife Frances live in San Mr. Chairman, I urge my colleagues to sup- his commitment to the community by serving Diego, CA. She has two grandchildren, Kevin port the Deal substitute. It is a realistic and re- on the boards of over 30 organizations in Scott Watson, of California, and Leslie Claire sponsible means by which to end the cycle of western New York including the University of Watson, of Florida. welfare dependency by focusing on work. Buffalo, Buffalo General Hospital, and the In short Mr. Speaker, Mrs. Watson is an ex- f United Fund of Buffalo and Erie County just to traordinary woman whose life can be looked at name a few. as an example of what America is all about. THE 50TH ANNIVERSARY OF RICH Mr. Speaker, I am proud to honor the Rich Through the good times and the bad times PRODUCTS CORP. Products Corp.; the chairman of the board, she has shown love and dedication to her Robert E. Rich, Sr.; and the president, Robert family and community, and by so doing has HON. JACK QUINN E. Rich, Jr. I salute their 50-year history and made this world a better place in which to live. the lifelong commitment of both these citizens OF NEW YORK Mr. Speaker, today I ask my colleagues to to the western New York community. I wish join me in paying tribute to Mrs. Virlin Millee IN THE HOUSE OF REPRESENTATIVES them continued success into the next century. Watson as she and her loved ones celebrate Tuesday, March 28, 1995 f the reaching of yet another milestone in her Mr. QUINN. Mr. Speaker, I rise today in rec- life. ognition of the 50th anniversary of Rich Prod- FIFTIETH ANNIVERSARY OF f ucts Corp., the Nation's largest family-owned SCRANTON PREPARATORY SCHOOL PERSONAL RESPONSIBILITY ACT frozen foods manufacturer founded and OF 1995 headquartered in Buffalo, NY. HON. JOSEPH M. McDADE Rich Products has had a long-standing tra- OF PENNSYLVANIA SPEECH OF dition of teamwork, innovation, and a commit- IN THE HOUSE OF REPRESENTATIVES ment to excellence. HON. NANCY PELOSI This all began in 1945 when Robert E. Rich, Tuesday, March 28, 1995 OF CALIFORNIA Sr., founder and chairman of the board, di- Mr. MCDADE. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES rected a laboratory team to find a vegetable- commemorate the 50th anniversary of Scran- Thursday March 23, 1995 based replacement for whip cream from the ton Preparatory School, the high school found- The House in Committee of the Whole new source known as the soybean. They dis- ed by the Society of Jesus in Scranton, PA. House on the State of the Union had under covered that the soybean substance could be Scranton Prep has achieved great success consideration the bill (H.R. 4) to restore the frozen, thawed, and whipped. in providing a value-oriented education to American family, reduce illegitimacy, con- This new, revolutionary product was named young men and women. Its curriculum, based trol welfare spending and reduce welfare de- Rich's Whip Topping and served to open and on the Jesuit tradition of classical studies, is pendence: define the new world of nondairy products to intended to prepare students for the chal- Ms. PELOSI. Mr. Chairman, I rise today in the frozen food industry. It also made Rich lenges of the modern world. support of the Deal substitute to the Personal Products the leader and innovator in the in- Besides traditional academic pursuits, Responsibility Act. dustry. Scranton Prep fosters cooperation, respect, The Deal alternative, unlike the legislation Since this time, Rich's Products Corp. has and responsibility through community service before us, was crafted to make good on the introduced innovative products like Coffee and opportunities for personal religious promise of moving people from welfare to Rich, the Nation's first nondairy creamer. it is growth. One of the ways in which Scranton work. It ensures the welfare recipients will be the only nationally distributed creamer on the Prep aids in the fulfillment of these goals is better off economically be taking a job rather market that is truly 100 percent cholesterol through summer volunteer service projects in than staying on welfare. free and low in saturated fats. Mexico and Appalachia. While the Republican welfare proposal of- Rich Products continued to expand both in The importance of academic excellence at fers no real resources for able-bodied recipi- size and its product line. Frozen baked goods Scranton Prep is evinced by the fact that 99 ents to find work, the Deal substitute engages were soon added to Rich's lineup. This was percent of its graduate go on to college. Stu- each AFDC recipient in an individual respon- followed by the additions of frozen dough, fro- dents are prepared for their college careers sibility plan detailing the ways in which he or zen seafood specialties, soup bases, gravy through advanced placement classes and a she can find work and how the State can as- mixes, powdered coffee creamers, frozen Ital- strong emphasis on classical education includ- sist in this goal. ian pasta and meat, frozen fruit and barbecue ing the study of Latin and Greek. This morning, the front page of the Wash- and specialty meat products. I have had the great pleasure of witnessing ington Post told us that the Congressional Rich's also opened a new area in the indus- the growth of this school from its original stu- Budget Office estimates that none of the try with another innovation known as freeze dent body of 120 young men into an accred- States will be able to meet the Republican flo. This is an all natural process that allows ited institution which now enrolls 790 young welfare proposal's work requirements. We see foods to remain soft while frozen. women and men from throughout the region. E 708 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 1995 As the school has grown, it has remained mo- them, and States who do would benefit from PERSONAL RESPONSIBILITY ACT tivated by the Jesuit ideals of Christian hu- an additional incentive for participation. It is OF 1995 manistic education. time to quite penalizing families who are trying Mr. Speaker, I am privileged to count myself to save for their children's education. among the proud alumni of Scranton Pre- In September, 1993, my home State of SPEECH OF paratory School and I ask my colleagues to Pennsylvania started a program to provide for join me in honoring my alma mater as we ob- the advance purchase of college tuition cred- HON. NANCY PELOSI serve this landmark anniversary. its. Tuition credit prices are set annually based OF CALIFORNIA on current tuition prices, expected tuition infla- f IN THE HOUSE OF REPRESENTATIVES tion and the expected earnings of the fund. PERSONAL RESPONSIBILITY ACT The program allows the credits to be used Friday, March 24, 1995 OF 1995 anytime after they mature. Unfortunately, any The House in Committee of the Whole increase in the value of the credits are subject House on the State of the Union had under SPEECH OF to Federal income taxation. The purchaser will consideration the bill (H.R. 4) to restore the HON. NANCY PELOSI incur a tax liability when the credits are used, American family, reduce illegitimacy, con- or in the event of a refund. OF CALIFORNIA trol welfare spending and reduce welfare de- While Pennsylvania's program is new and pendence: IN THE HOUSE OF REPRESENTATIVES participants are not yet able to use the credits, Ms. PELOSI. Mr. Chairman, I rise in strong Wednesday, March 22, 1995 when they do, they will be met with a huge tax support of the Mink substitute to the welfare The House in Committee of the Whole burden. Other States who have this type of reform legislation. The Mink plan is a straight- House on the State of the Union had under program are all too familiar with the disincen- forward proposal for reform which can effec- consideration the bill (H.R. 4) to restore the tive this liability is to the program, and States tively accomplish what the Republican pro- American family, reduce illegitimacy, con- who are contemplating starting a program are posal simply will not doÐmove welfare fami- trol welfare spending and reduce welfare de- thinking twice. lies from dependency to self-sufficiency pendence: For these important reasons, I am pleased through work. Ms. PELOSI. Mr. Chairman, I rise today to to offer this bill to the House. The emphasis is on the poor finding work oppose this welfare reform bill. It contains pro- f and keeping it. Through a self-sufficiency plan visions which discriminate against legal immi- individualized for each participant in the JOBS grants by denying them access to programs A TRIBUTE TO WILLIAM R. program, welfare recipients can work to iden- that they have paid for with their taxes and McCLAIN tify their goals and needs and achieve them. their contributions to the Social Security and The Mink substitute retains the entitlement unemployment insurance systems. HON. SAM JOHNSON status of AFDC, child care programs, nutrition This extreme Republican legislation would OF TEXAS programs, and child welfare programs to in- bar legal immigrants from receiving Medicaid, IN THE HOUSE OF REPRESENTATIVES sure that poor families are protected while Food Stamps, disability aid, and other critical Tuesday, March 28, 1995 they try to break out of the prison of poverty. programs which provide a safety net to citi- Mr. SAM JOHNSON of Texas. Mr. Speaker, Most importantly, the Mink plan protects our zens and noncitizens alike. I rise today to pay tribute to Mr. William R. most valuable resource and the innocent vic- Mr. Chairman, it seems un-American to McClain, who retires as the vice president, tims in the welfare reform debateÐour chil- deny legal residents access to programs that government and international operations for E- dren. It does not include requirements to deny they have already paid for through taxes and Systems on March 31. Bill has had a long and benefits to children of teenage mothers of chil- payroll deductions. distinguished career in the service of our dren born to families already on AFDC. It pro- Indeed, it should be noted that legal immi- country, including 4 years in the Air Force, 30 vides critical resources necessary to obtain a grants pay far more in taxes than they receive years at the Federal systems division of IBM, job, such as education, job training, and child in benefits. According to the Urban Institute, and the last 8 years with E-Systems. During care. legal and undocumented immigrants pay ap- his years of service, Bill has been involved The Mink plan also does not discriminate by proximately $70.3 billion per year in taxes, but with many sensitive defense, intelligence, and denying benefits to legal immigrants, very few receive only $42.9 billion in services such as space programs affecting the security of our of whom come to the United States seeking education and public assistance. Nation. The sheer number of programs he has public assistance. Mr. Chairman, like the other bills in the Re- been associated with over such a long career Mr. Chairman, the Mink substitute seeks a publican contract, this bill targets the weak is impressive, but the diversity of those pro- positive and realistic long-term solution to the and defenseless. grams is remarkable. Included in his portfolio problem of welfare dependency. I support this This bill punishes those who came here le- have been the Titan rocket, AWACS, global amendment, and urge my colleagues to do the gally and waited years to obtain legal resi- positioning system, the space shuttle, and the same. dency, played by the rules, paid their taxes, RC±135 and U±2 aircraft programs, to name and contributed to the Social Security and un- a few. f employment insurance systems. Bill had been successful for many reasons, I urge my colleagues to vote no on this bill. the most important being his lovely wife Flo A TRIBUTE TO MICHAEL D. f and their four children. Among the other im- FRANCIS FOR OUTSTANDING portant reasons for his success have been his COMMITMENT AND ACHIEVE- THE TUITION ACCOUNT ability to reduce complex technical problems MENT ASSISTANCE ACT OF 1995 or situations to their simplest terms, and to then apply clear and precise solutions. Over HON. PHIL ENGLISH the years, Bill's consummate skill in the area HON. DICK ZIMMER of marketing resulted in significant business OF PENNSYLVANIA OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES opportunities for both IBM and E-Systems. This resulted in high quality products for the IN THE HOUSE OF REPRESENTATIVES Tuesday, March 28, 1995 U.S. Government, high quality jobs for U.S. Mr. ENGLISH of Pennsylvania. Mr. Speaker, workers, and added leverage for U.S. competi- Tuesday, March 28, 1995 today I am introducing the Tuition Account As- tiveness in the international arena. Mr. ZIMMER. Mr. Speaker, one of the most sistance Act of 1995. It is my sincere hope As Bill and Flo retire in their lovely home on remarkable people I know, Michael D. Francis, that this legislation will help clarify the middle- a beautiful golf course in North Carolina, they is being presented with the American Jewish class benefits of capital gains tax reduction. can enjoy what they have worked hard for all Committee's Institute of Human Relations This legislation would enable parents or these years. They can also enjoy knowing that Award on March 29, and I would like to tell my guardians to save for their children's education they have made a positive contribution to the colleagues why he so richly deserves this through a State college tuition-savings pro- security of our great Nation. award. gram without tax penalties. This legislation Good luck and best wishes Bill and Flo, and The Institute of Human Relations Award is would also encourage States to adopt tuition remember to keep your head down and follow given only to those who stand apart both in savings programs if they do not currently have through. their professional achievements and in their March 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 709 service to their community; and Mike Francis I wish all the best to Mike, his wife Marjorie, A rush to recommend policies, mandates, has surely met both criteria. and their children, Lauren and Robert. and potential regulations based on generally Few people have devoted as much time or f inconclusive studies and information. energy as Mike in the work he has undertaken Unfunded mandates on everything from mu- in both the private and public sectors. Despite TIME TO CLOSE THE BOOKS ON nicipal treatment facilities to farmers to the enormous career demands as chief executive THE LAKE CHAMPLAIN BASIN owners of all paved areas in the region. officer of Planned Building Services, Inc., and PLAN A total failure to assess and consider eco- Planned Building Security, Inc., he has given nomic impacts and jobs as part of developing 100 percent to those who have needed his the plan's recommendations, with a very inad- help. As a result, Mike has become an indis- HON. GERALD B.H. SOLOMON equate and attempt at economic analysis. pensable part of New Jersey's community fab- OF NEW YORK Numerous recommendations aimed at in- ric, lending his assistance and expertise to nu- IN THE HOUSE OF REPRESENTATIVES merous institutions and organizations over the creasing the size and complexity of Govern- Tuesday, March 28, 1995 years, from the Newark Beth Israel Medical ment in an era when we need to all be work- Center and the American Institute of Life Mr. SOLOMON. Mr. Speaker, in 1990, Con- ing on making Government smaller and sim- Threatening Illness and Loss to his local Unit- gress enacted the Lake Champlain Special pler. ed Way campaign. Designation Act and authorized $25 million for Many recommendations or suggestions As chairman of the board of the New Jersey a 5-year environmentalist study of a region en- which have troubling implications for the rights Sports and Exposition Authority, he has pro- compassing over 8,000 square miles, includ- of property owners in a region where these vided that vital agency with strong and vision- ing much of the Adirondack-North Country rights have already been greatly com- ary leadership. Mike's commitment applies as area. promised. well to his efforts on behalf of the alumni as- I opposed this undertaking at the time out of These critical concerns emanate not just sociations of the Wharton School of the Uni- a genuine concern that it was setting in motion from one or two of the plan's recommenda- versity of Pennsylvania and Rutgers University a process which would almost inevitably tions, which would be fixable, but from virtually School of Law. produce an imbalanced plan. Now that a draft every chapter, revealing a process and ap- Mike is enormously respected in New Jer- basin plan has been released for public reac- proach which was clearly misdirected from the sey by business, industry, and community tion, it turns out that my concerns were very start. leaders alikeÐand for good reason. It is an well founded. Mr. Speaker, I have asked my colleague honor to count him as a friend, and a pleasure In reading and analyzing this complex and and friend, BOB LIVINGSTON, chairman of the to see him recognized for his outstanding far-reaching document, I am profoundly struck House Appropriations Committee, to close the achievements. I can think of none more de- by several overriding and preconceived no- serving of the American Jewish Committee's tions which place the entire effort in enormous books, once and for all, on this ill-advised and Institute of Human Relations Award. doubt: dangerous scheme. Tuesday, March 28, 1995 Daily Digest Senate commercial, recreational, or subsistence activities re- Chamber Action lated to hunting, fishing, or camping will not be Routine Proceedings, pages S4675–S4747 canceled or interrupted. Pages S4705±07 Measures Introduced: Twelve bills and one resolu- Subsequently, the amendment was modified. tion were introduced, as follows: S. 632–643 and S. Page S4711 Res. 95. Pages S4716±17 (6) Levin Amendment No. 416 (to Amendment No. 410), to establish judicial review procedures. Measures Passed: Page S4708 Committee Appointments: Senate agreed to S. (7) Levin/Glenn Amendment No. 417 (to Amend- Res. 95, making minority party appointments to the ment No. 410), to further define the meaning of the Committee on Energy and Natural Resources and term ‘‘final rule’’. Page S4712 the Committee on Veterans’ Affairs. Page S4746 (8) Reid (for Wellstone) Amendment No. 418 (to Regulatory Transition Act: Senate concluded con- Amendment No. 410), of a technical nature. sideration of S. 219, to ensure economy and effi- Page S4715 ciency of Federal Government operations by estab- (9) Nickles Amendment No. 419 (to Amendment lishing a moratorium on regulatory rulemaking ac- No. 410), to make technical corrections. Page S4715 tions, agreeing to the committee amendment in the (10) Nickles Amendment No. 410, in the nature nature of a substitute, and taking action on amend- of a substitute. Pages S4687±91, S4695±S4709, S4711±15 ments proposed thereto, as follows: A unanimous-consent agreement was reached pro- viding for a vote on final passage of the bill to occur Pages S4686±91, S4695±S4709, S4711±15 thereon at 10:45 a.m., on Wednesday, March 29, Adopted: (1) By a unanimous vote of 99 yeas 1995. Page S4715 (Vote No. 116), Harkin Amendment No. 411 (to Amendment No. 410), to express the sense of the FEMA Supplemental Appropriations/Rescis- Senate regarding American citizens held in Iraq. sions—Agreement: A unanimous-consent agree- Pages S4690±91, S4695±97 ment was reached providing for the consideration of (2) Levin/Glenn Amendment No. 412 (to Amend- H.R. 1158, making emergency supplemental appro- ment No. 410), regarding committee discharge pro- priations for additional disaster assistance and mak- cedures. Page S4700 ing rescissions for the fiscal year ending September Subsequently, the amendment was modified. 30, 1995, on Wednesday, March 29, 1995. Page S4747 Page S4708 (3) Domenici/Nickles Amendment No. 413 (to Messages From the President: Senate received the Amendment No. 410), to provide reports to Con- following messages from the President of the United gress from the Comptroller General. Pages S4702±03 States: Subsequently, the amendment was modified. Transmitting, the report on the Health Care for Page S4707 Native Hawaiians Program; to the Committee on In- (4) Reid (for Daschle) Amendment No. 414 (to dian Affairs. (PM–37). Page S4715 Amendment No. 410), to require the Secretary of Transmitting, the report on the national emer- Agriculture to issue new term permits for grazing on gency with respect to Angola; to the Committee on National Forest System lands to replace previously Banking, Housing, and Urban Affairs. (PM–38). issued term grazing permits that have expired, will Pages S4715±16 expire, or are waived to the Secretary. Pages S4704±05 Nominations Received: Senate received the follow- Subsequently, the amendment was modified. ing nominations: Page S4709 James John Hoecker, of Virginia, to be a Member (5) Pryor Amendment No. 415 (to Amendment of the Federal Energy Regulatory Commission for No. 410), to ensure that a migratory birds hunting the term expiring June 30, 2000. season will not be canceled or interrupted, and that 1 Air Force nomination in the rank of general. D 423 D 424 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 1995 1 Navy nomination in the rank of admiral. and industrial base policy, receiving testimony from Page S4747 Joshua Gotbaum, Assistant Secretary of Defense for Messages From the President: Pages S4715±16 Economic Security; Thomas W. Rabaut, United De- fense, Arlington, Virginia; Don Fuqua, Aerospace In- Messages From the House: Page S4716 dustries Association, Washington, D.C.; and Jacques Executive Reports of Committees: Page S4716 Gansler, Analytic Sciences Corporation, Alexandria, Statements on Introduced Bills: Pages S4717±36 Virginia. Subcommittee will meet again on Thursday, Additional Cosponsors: Page S4736 March 30. Amendments Submitted: Pages S4736±39 APPROPRIATIONS—DEFENSE Notices of Hearings: Page S4740 Committee on Armed Services: Subcommittee on Strate- Authority for Committees: Page S4740 gic Forces held hearings on proposed legislation au- Additional Statements: Pages S4740±46 thorizing funds for fiscal year 1996 for the Depart- ment of Defense and the future years defense pro- Record Votes: One record vote was taken today. gram, focusing on United States ballistic missile de- (Total–116) Page S4696 fense requirements and programs, receiving testi- Recess: Senate convened at 9 a.m., and recessed at mony from Vice Adm. T.J. Lopez, USN, Deputy 7:14 p.m., until 9:45 a.m., on Wednesday, March CNO, Resources, Warfare Requirements and Assess- 29, 1995. (For Senate’s program, see the remarks of ments; Rear Adm. J.T. Hood, USN, Program Execu- the Acting Majority Leader in today’s RECORD on tive Officer, Theater Air Defense; Lt. Gen. Jay M. pages S4746–47.) Garner, USA, Commanding General, U.S. Army Space and Strategic Defense Command; and A.Q. Committee Meetings Oldacre, Deputy Program Executive Officer for Mis- sile Defense, Department of the Army. (Committees not listed did not meet) Subcommittee recessed subject to call. APPROPRIATIONS—ARMY AUTHORIZATION—TIED AID/EXPORT- IMPORT BANK Committee on Appropriations: Subcommittee on Defense held hearings on proposed budget estimates for fiscal Committee on Banking, Housing, and Urban Affairs: year 1996 for the Department of the Army, receiv- Subcommittee on International Finance concluded ing testimony from Togo D. West, Jr., Secretary of hearings on proposed legislation authorizing funds the Army; and Gen. Gordon R. Sullivan, Chief of for the Export-Import Bank of the United States’ Army Staff. Tied Aid Credit Program, focusing on United States Subcommittee will meet again on Tuesday, April efforts to counter competitors’ tied aid practices, 4. after receiving testimony from Kenneth D. Brody, President and Chairman, Export-Import Bank of the APPROPRIATIONS—FOREIGN ASSISTANCE/ United States; William E. Barreda, Deputy Assistant AFRICA Secretary of the Treasury for Trade and Investment Committee on Appropriations: Subcommittee on Foreign Policy; JayEtta Z. Hecker, Director, International Operations held hearings on proposed budget esti- Trade, Finance, and Competitiveness, General Gov- mates for fiscal year 1996 for foreign assistance pro- ernment Division, General Accounting Office; Peggy grams, focusing on Africa humanitarian and refugee A. Houlihan, Coalition for Employment Through issues, receiving testimony from George E. Moose, Exports, Washington, D.C.; and Peter A. Bowe, Assistant Secretary for African Affairs, and Phyllis E. Ellicott Machine Corporation International, Balti- Oakley, Assistant Secretary for Population, Refugees more, Maryland. and Migration, both of the Department of State; and BUSINESS MEETING John S. Hicks, Assistant Administrator, Bureau for Africa, Agency for International Development. Committee on Commerce, Science, and Transportation: Subcommittee recessed subject to call. Committee ordered favorably reported the following business items: AUTHORIZATION—DEFENSE The nomination of Thomas Hill Moore, of Flor- Committee on Armed Services: Subcommittee on Acqui- ida, to be a Commissioner of the Consumer Product sition and Technology held hearings on proposed Safety Commission; legislation authorizing funds for fiscal year 1996 for S. 288, to abolish the Board of Review of the the Department of Defense and the future years de- Metropolitan Washington Airports Authority, with fense program, focusing on the defense technology an amendment in the nature of a substitute; and March 28, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 425 S. 625, to amend the Land Remote Sensing Policy Director for Support Services, National Security Act of 1992. Agency; George Scarfo, American Express Travel AGRICULTURE SECRETARY-DESIGNATE/ Management Services, Phoenix, Arizona; and Mat- FUTURE OF THE FOREST SERVICE thew W. Appel, Tenneco, Inc., Houston, Texas. Hearings were recessed subject to call. Committee on Energy and Natural Resources: Committee concluded hearings to discuss the future of the For- NOMINATIONS est Service with regard to the nomination of Daniel Committee on the Judiciary: Committee concluded R. Glickman, of Kansas, to be Secretary of Agri- hearings on the nominations of Maxine M. Chesney, culture, after receiving testimony from the nominee. to be United States District Judge for the Northern District of California; Curtis L. Collier, to be United CHILD SUPPORT ENFORCEMENT States District Judge for the Eastern District of Ten- Committee on Finance: Committee held hearings to ex- nessee; Eldon E. Fallon, to be United States District amine proposals to improve the effectiveness and ef- Judge for the Eastern District of Louisiana; Joseph ficiency of child support enforcement programs, re- Robert Goodwin, to be United States District Judge ceiving testimony from Margaret Campbell Haynes, for the Southern District of West Virginia; and American Bar Association, Washington, D.C., on be- Susan Y. Illston, to be United States District Judge half of the U.S. Commission on Interstate Child for the Northern District of California, after the nominees testified and answered questions in their Support; Leslie L. Frye, California Department of So- own behalf. Ms. Chesney was introduced by Senator cial Services, Sacramento; Bill L. Harrington, Feinstein, Mr. Collier was introduced by Senators Kelleher Law Offices, Seattle, Washington, on behalf Frist and Thompson and Representative Wamp, Mr. of the American Fathers Coalition; Michael R. Fallon was introduced by Senator Breaux, Mr. Good- Henry, Virginia Department of Social Services, Rich- win was introduced by Senators Byrd and Rocke- mond; Geraldine Jensen, Association for Children for feller, and Ms. Illston was introduced by Senator Enforcement of Support, Inc., Toledo, Ohio; and Boxer. Marilyn Ray Smith, Massachusetts Department of Revenue, Cambridge. HABEAS CORPUS REFORM Hearings were recessed subject to call. Committee on the Judiciary: Committee concluded hearings on proposed legislation to reform Federal ASSISTANCE TO EUROPE AND NEW habeas corpus procedures, focusing on eliminating INDEPENDENT STATES prisoners’ abuse of the judicial process, including re- Committee on Foreign Relations: Subcommittee on Eu- lated provisions of S. 623 and S. 3, after receiving ropean Affairs concluded hearings to examine the testimony from Nicholas deB. Katzenbach, former Attorney General of the United States; California At- status of United States assistance to Europe and the torney General Daniel E. Lungren, Sacramento; New Independent States of the former Soviet Union, Texas Attorney General Dan Morales, Austin; Colo- after receiving testimony from Thomas A. Dine, As- rado Attorney General Gale A. Norton, Denver; Ne- sistant Administrator for Europe and the New Inde- braska Attorney General Don Stenberg, Lincoln; Lee pendent States, United States Agency for Inter- Chancellor, Citizens for Law and Order, Inc., Oak- national Development; and Thomas W. Simons, Jr., land, California; and Douglas G. Robinson, Skadden, Coordinator for U.S. Assistance to the New Inde- Arps, Slate, Meagher & Flom, Washington, D.C. pendent States, and Ralph R. Johnson, Coordinator for East European Assistance, European and Cana- HEALTH CARE LIABILITY dian Affair Bureau, both of the Department of State. Committee on Labor and Human Resources: Committee held hearings on S. 454, to reform the health care PENTAGON TRAVEL PROCESSING liability system and improve health care quality Committee on Governmental Affairs: Subcommittee on through the establishment of quality assurance pro- Oversight of Government Management and the Dis- grams, receiving testimony from Senators McConnell trict of Columbia held oversight hearings to examine and Lieberman; Nancy W. Dickey, Fort Bend Fam- initiatives to reduce the cost of Pentagon travel proc- ily Health Center, Richmond, Texas, on behalf of the American Medical Association; Thomas Scully, essing, receiving testimony from Jack L. Brock, Jr., Federation of American Health Systems, Washing- Director, Information Resources Management/Na- ton, D.C., on behalf of the Health Care Liability Al- tional Security and International Affairs Group, Ac- liance; Laura Wittkin, National Center for Patients’ counting and Information Management Division, Rights, New York, New York; and Lynne and Carol Langelier, Evaluator, both of the General Lindenthal and Luke Lindenthal, both of Mercer Accounting Office; John J. Hamre, Under Secretary County, New Jersey. of Defense (Comptroller); James J. Devine, Deputy Hearings were recessed subject to call. D 426 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 1995 House of Representatives tional Forest in Idaho for non-Federal lands within Chamber Action the forest in Wyoming; Pages H3824±25 Bills Introduced: Seventeen public bills, H.R. Dayton Aviation Heritage Preservation: 1326–1342; one private bill, H.R. 1343; and three H.R. 606, to amend the Dayton Aviation Heritage resolutions, H. Con. Res. 50–52, were introduced. Preservation Act of 1992; Pages H3825±26 Pages H3878±79 Reports Filed: Reports were filed as follows: Northwest Atlantic Fisheries: H.R. 622, amend- H.R. 1240, to combat crime by enhancing the ed, to implement the Convention on Future Multi- penalties for certain sexual crimes against children, lateral Cooperation in the Northwest Atlantic Fish- amended (H. Rept. 104–90); eries; and Pages H3826±28 H.R. 660, to amend the Fair Housing Act to Fort Carson-Pinon Canyon military lands with- modify the exemption from certain familial status drawal: H.R. 256, to withdraw and reserve certain discrimination prohibitions granted to housing for public lands and minerals within the State of Colo- older persons, amended (H. Rept. 104–91) rado for military uses. Pages H3828±31 Page H3878 Term Limits: House agreed to H. Res. 116, provid- Speaker Pro Tempore: Read a letter from the ing for the consideration of H.J. Res. 73, proposing Speaker wherein he designates Representative an amendment to the Constitution of the United Longley to act as Speaker pro tempore for today. States with respect to the number of terms of office Page H3809 of Members of the Senate and the House of Rep- Recess: House recessed at 1:28 p.m. and reconvened resentatives. Pages H3831±40 at 2 p.m. Page H3816 Recess: House recessed at 4:20 p.m. and reconvened Commission on Congressional Mailing Standards: at 5 p.m. Page H3841 The Speaker appointed the following Members to Defense Supplemental Appropriations: House the House Commission on Congressional Mailing disagreed to the Senate amendments to H.R. 889, Standards: Representatives Thomas of California, making emergency supplemental appropriations and Chairman, Roberts, Ney, Fazio, Clay, and Gordon. rescissions to preserve and enhance the military read- Page H3817 iness of the Department of Defense for the fiscal year Presidential Messages: Read the following mes- ending September 30, 1995; and agreed to a con- sages from the President: ference. Appointed as conferees: Pages H3841±45 National Emergency with Angola: Message For consideration of Senate amendments numbered wherein he transmits his report on the developments 3, 5, 6, 7, and 10 through 25, and the Senate regarding the national emergency with respect to amendment to the title of the bill: Representatives Angola—referred to the Committee on International Livingston, Myers of Indiana, Young of Florida, Relations and ordered printed (H. Doc. 104–53); Regula, Lewis of California, Porter, Rogers, Wolf, and Page H3821 Vucanovich, Callahan, Obey, Yates, Stokes, Wilson, Health Care for Native Hawaiians: Message Hefner, Coleman, and Mollohan. Page H3844 wherein he transmits the report on the Health Care As additional conferees for consideration of Senate for Native Hawaiians Program—referred to the amendments numbered 1, 2, 4, 8, and 9: Represent- Committee on Commerce. Page H3821 atives Young of Florida, McDade, Livingston, Lewis of California, Skeen, Hobson, Bonilla, Nethercutt, Suspensions: House voted to suspend the rules and Neuman, Murtha, Dicks, Wilson, Hefner, Sabo, and pass the following measures: Obey. Page H3844 Age discrimination in employment: H.R. 849, Rejected the Obey motion to instruct House con- to amend the Age Discrimination in Employment ferees to form a conference agreement that does not Act of 1967 to reinstate an exemption for certain add to the national deficit in the current fiscal year bona fide hiring and retirement plans applicable to and cumulatively through fiscal year 1999 (rejected State and local firefighters and law enforcement offi- by a yea-and-nay vote of 179 yeas to 240 nays, Roll cers; Pages H3822±24 No. 270). Page H3844 Targhee National Forest land exchange: Agreed to the Livingston motion that the con- H.R. 529, amended, to authorize the exchange of ference meetings between the House and the Senate National Forest System lands in the Targhee Na- on Senate amendments Nos. 1, 2, 4, 8, and 9, be March 28, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 427 closed to the public at such times as classified na- AGRICULTURE, RURAL DEVELOPMENT, tional security information is under consideration: FDA, AND RELATED AGENCIES Provided, however, That any sitting Member of Con- APPROPRIATIONS gress shall have the right to attend any closed or Committee on Appropriations: Subcommittee on Agri- open meeting (agreed to by a yea-and-nay vote of culture, Rural Development, Food and Drug Admin- 403 yeas to 14 nays, Roll No. 271). Pages H3844±45 istration, and Related Agencies held a hearing on the Health Insurance: House disagreed to the Senate FDA. Testimony was heard from David A. Kessler, amendment to H.R. 831, to amend the Internal M.D., Commissioner, FDA, Department of Health Revenue Code of 1986 to permanently extend the and Human Services. deduction for the health insurance costs of self-em- COMMERCE, JUSTICE, STATE, AND ployed individuals, to repeal the provision permit- JUDICIARY APPROPRIATIONS ting nonrecognition of gain on sales and exchanges effectuating policies of the Federal Communications Committee on Appropriations: Subcommittee on Com- Commission; and agreed to a conference. Appointed merce, Justice, State, and the Judiciary (and Related as conferees: Representatives Archer, Crane, Thomas Agencies) held a hearing on State and Local Law En- of California, Gibbons, and Rangel. Pages H3845±52 forcement. Testimony was heard from the following Rejected the Gibbons motion to instruct House officials of the Department of Justice: John Schmidt, conferees to agree to the provisions contained in sec- Associate Attorney General; and Laurie Robinson, tion 5 of the Senate amendment which changes the Assistant Attorney General, Office of Justice Pro- tax treatment of U.S. citizens relinquishing their grams. citizenship (rejected by a yea-and-nay vote of 193 ENERGY AND WATER DEVELOPMENT yeas to 224 nays, Roll No. 272). Pages H3851±52 APPROPRIATIONS Senate Messages: Messages received from the Senate Committee on Appropriations: Subcommittee on Energy appear on pages H3816–17. and Water Development continued appropriation Amendments Ordered Printed: Amendments or- hearings. Testimony was heard from Members of dered printed pursuant to the rule appear on pages Congress and public witnesses. H3880–81. FOREIGN OPERATIONS APPROPRIATIONS Quorum Calls—Votes: Three yea-and-nay votes de- Committee on Appropriations: Subcommittee on Foreign veloped during the proceedings of the House today Operations, Export Financing and Related Programs and appear on pages H3844, H3844–45, and held a hearing on Export-Import Bank, OPIC, and H3851–52. TDA. Testimony was heard from Kenneth D. Brody, Adjournment: Met at 12:30 p.m. and adjourned at President and Chairman, Export-Import Bank; and 11:05 p.m. Ruth R. Harkin, President and Chairman, Overseas Private Investment Corporation, U.S. International Committee Meetings Development Cooperation Agency. FEDERAL CROP INSURANCE REFORM ACT INTERIOR APPROPRIATIONS Committee on Agriculture: Subcommittee on Risk Man- Committee on Appropriations: Subcommittee on Interior agement and Specialty Crops held an oversight hear- (and Related Agencies) held a hearing on Depart- ing to review the Federal Crop Insurance Reform ment of Energy: Conservation and on the Indian Act of 1994. Testimony was heard from the follow- Health Service. Testimony was heard from Christine ing officials of the Consolidated Farm Service Agen- A. Ervin, Assistant Secretary, Energy Efficiency and cy, USDA: Grant B. Buntrock, Acting Adminis- Renewable Energy, Department of Energy; and Mi- trator; and Kenneth D. Ackerman, Acting Deputy chael H. Trujillo, M.D., Director, Indian Health Administrator, Office of Risk Management; and Service, Department of Health and Human Services. public witnesses. LABOR—HHS—EDUCATION DEFENSE DEPARTMENT SUPPLEMENTAL APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Labor, Committee on Appropriations: Agreed to a motion au- Health and Human Services, and Education (and Re- thorizing the Chairman to move to go to Conference lated Agencies) held a hearing on the SSA and on on H.R. 889, making emergency supplemental ap- the Administration for Children and Families. Testi- propriations and rescissions to preserve and enhance mony was heard from the following officials of the the military readiness of the Department of Defense Department of Health and Human Services: Shirley for fiscal year ending September 30, 1995. A. Chater, Commissioner, SSA; and Mary Jo Bane, D 428 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 1995 Assistant Secretary, Administration for Children and Federal Telecommunications System Post-FTS 2000. Families. Testimony was heard from Robert J. Woods, Associ- MILITARY CONSTRUCTION ate Administrator for FTS 2000, GSA; and Emmett APPROPRIATIONS Paige, Jr., Assistant Secretary, Command, Control, Communications, and Intelligence, Department of Committee on Appropriations: Subcommittee on Mili- Defense. tary Construction held a hearing on Base Closure Environmental Cleanup. Testimony was heard from REGULATORY SUNSET AND REVIEW ACT Sherri Goodman, Deputy Under Secretary, Environ- mental Security, Department of Defense. Committee on Government Reform and Oversight: Sub- committee on National Economic Growth, Natural TREASURY, POSTAL SERVICE, AND Resources, and Regulatory Affairs held a hearing on GENERAL GOVERNMENT APPROPRIATIONS H.R. 994, Regulatory Sunset and Review Act of Committee on Appropriations: Subcommittee on Treas- 1995. Testimony was heard from Representatives ury, Postal Service, and General Government held a Chapman and Mica; Sally Katzen, Administrator, hearing on Office of National Drug Control Policy. Office of Information and Regulatory Affairs, OMB; Testimony was heard from Lee Patrick Brown, Di- and public witnesses. rector, Office of National Drug Control Policy. VA, HUD AND INDEPENDENT AGENCIES DEFENSE AUTHORIZATION APPROPRIATIONS Committee on National Security: Subcommittee on Mili- Committee on Appropriations: Subcommittee on Veter- tary Installations and Facilities continued hearings ans’ Affairs, Housing and Urban Development, and on the fiscal year 1996 national defense authorization Independent Agencies held a hearing on NASA. Tes- request, with emphasis on the quality of defense fa- timony was heard from Daniel S. Goldin, Adminis- cilities and infrastructure. Testimony was heard from trator, NASA. the following officials of the Department of Defense: FINANCIAL SERVICES COMPETITIVENESS Brig. Gen. Robert L. Herndon, USA, Director, Fa- ACT cilities and Housing Directorate, Office of the As- sistant Chief of Staff, Installation Management; Committee on Banking and Financial Services: Continued RAdm. Patrick W. Drennon, USN, Director, Facili- hearings on the following: H.R. 1062, Financial ties and Engineering Division, Department of the Services Competitiveness Act of 1995; Glass-Steagall Navy; Maj. Gen. James McCarthy, USAF, Air Force Reform; and related issues. Testimony was heard Civil Engineer, Department of the Air Force; and from public witnesses. Brig. Gen. Thomas A. Braaten, USMC, Director, Fa- Hearings continue tomorrow. cilities Services Division, Installations and Logistics OVERSIGHT Department, U.S. Marine Corps. Committee on Commerce: Subcommittee on Health and Hearings continue April 4. Environment held an oversight hearing on the Budg- etary Effects of the Growth of Health Care Entitle- DEFENSE AUTHORIZATION ments. Testimony was heard from Senators Kerrey of Committee on National Security: Subcommittee on Mili- Nebraska and Domenici; Representative Kasich; and tary Personnel continued hearings on the fiscal year public witnesses. 1996 national defense authorization request, with MISCELLANEOUS MEASURES emphasis on the TRICARE Managed Health Care Program. Testimony was heard from David Baine, Committee on Economic and Educational Opportunities: Director, Federal Health Care Delivery Issues, GAO; Subcommittee on Employer-Employee Relations held a hearing on the following bills: H.R. 995, ERISA Neil Singer, Deputy Assistant Director, National Se- Targeted Health Insurance Reform Act; and H.R. curity Division, CBO; the following officials of the 996, Targeted Individual Health Insurance Reform Department of Defense: Stephen Joseph, M.D., As- Act of 1995. Testimony was heard from public wit- sistant Secretary, Health Affairs; Maj. Gen. James B. nesses. Peake, USA, Commander, Madigan Army Medical Center; Lt. Gen. Alcide M. Lanque, USA, Surgeon POST FEDERAL TELECOMMUNICATIONS General of the Army; VAdm. Donald F. Hagen, SYSTEM USN, Surgeon General of the Navy; and Lt. Gen. Committee on Government Reform and Oversight: Sub- Edgar R. Anderson, Jr., USAF, Surgeon General of committee on Government Management, Informa- the Air Force; and a public witness. tion, and Technology concluded hearings on Post Hearings continue March 30. March 28, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 429 DEFENSE AUTHORIZATION full Committee action amended H.R. 1323, Pipeline Committee on National Security: Subcommittee on Mili- Safety Act of 1995. tary Research and Development continued hearings on the fiscal year 1996 national defense authorization SELF-EMPLOYED HEALTH INSURANCE request, with emphasis on the Department of De- PERMANENT DEDUCTION RESTORATION fense research and development request. Testimony Committee on Ways and Means: Agreed to a motion was heard from Paul Kaminski, Under Secretary, Ac- authorizing the Chairman to move to go to con- quisition and Technology, Department of Defense. ference on H.R. 831, to amend the Internal Revenue Hearings continue April 4. Code of 1986 to permanently extend the deduction DEFENSE AUTHORIZATION for the health insurance costs of self-employed indi- viduals, to repeal the provisions permitting non- Committee on National Security: Special Oversight recognition of gain on sales and exchanges effectuat- Panel on the Merchant Marine held a hearing on the ing policies of the Federal Communications Commis- Panama Canal Commission authorization request and sion. the Maritime Administration authorization. Testi- mony was heard from the following officials of the INFORMATION SYSTEMS SECURITY Panama Canal Commission; Gilberto Guardia, Ad- Permanent Select Committee on Intelligence: Met in execu- ministrator; and Joe R. Reeder, Chairman, Board of tive session to hold a hearing on Information Sys- Directors; Anne Paterson, Deputy Assistant Sec- tems Security. Testimony was heard from depart- retary, Central America, Department of State; the mental witnesses. following officials of the Department of Defense: Frederick C. Smith, Principal Deputy Assistant Sec- f retary, International Security Affairs; and Adm. Phil- COMMITTEE MEETINGS FOR ip M. Quast, USN, Commander, Military Sealift WEDNESDAY, MARCH 29, 1995 Command, Department of the Navy; and Adm. Al- bert H. Herberger, USN (Ret.), Administrator, Mar- (Committee meetings are open unless otherwise indicated) itime Administration, Department of Transportation. Senate MISCELLANEOUS MEASURES Committee on Appropriations, Subcommittee on Agri- Committee on Resources: Subcommittee on National culture, Rural Development, and Related Agencies, to hold hearings on proposed budget estimates for fiscal year Parks, Forests and Lands held a hearing on the fol- 1996 for the Food Safety and Inspection Service, Animal lowing bills: H.R. 1280, to establish guidelines for and Plant Health Inspection Service, Agricultural Market- the designation of National Heritage Areas; and ing Service, and the Grain Inspection, Packers and Stock- H.R. 1301, to establish the American Heritage yards Administration, all of the Department of Agri- Areas Partnership Program. Testimony was heard culture, 10 a.m., SD–138. from Dennis Galvin, Associate Director, Planning Subcommittee on Commerce, Justice, State, and the and Development, National Park Service, Depart- Judiciary, to hold hearings on proposed budget estimates ment of the Interior; and public witnesses. for fiscal year 1996 for the Judiciary, Administrative Of- fice of the Courts, and the Judicial Conference, 10 a.m., SMALL BUSINESS INVESTMENT COMPANY S–146, Capitol. PROGRAMS Committee on Armed Services, closed business meeting, to Committee on Small Business: Held a hearing to review consider certain pending military nominations, 10 a.m., the SBA’s Small Business Investment Company Pro- SR–222. gram. Testimony was heard from the following offi- Subcommittee on Airland Forces, to resume hearings on proposed legislation authorizing funds for fiscal year cials of the SBA: Mary Jean Ryan, Associate Deputy 1996 for the Department of Defense and the future years Administrator, Economic Development; and James defense program, focusing on tactical aviation issues, 2:30 Hoobler, Inspector General; James Wells, Associate p.m., SR–222. Director, Housing and Community Development Is- Committee on Banking, Housing, and Urban Affairs, sues, GAO; and public witnesses. Housing Opportunity and Community Development and COMMITTEE BUSINESS HUD Oversight and Structure, to hold joint hearings on the reorganization of the Department of Housing and Committee on Standards of Official Conduct: Met in ex- Urban Development, 10 a.m., SD–538. ecutive session to consider pending business. Full Committee to hold a closed briefing with the PIPELINE SAFETY ACT Committee on Energy and Natural Resources, on the po- litical and economic situation in Mexico, and the key fac- Committee on Transportation and Infrastructure: Sub- tors affecting it, including oil reserves and production, committee on Surface Transportation approved for and other matters, 2 p.m., S–407, Capitol. D 430 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 1995

Committee on Energy and Natural Resources, business Subcommittee on Interior (and Related Agencies), on meeting, to consider pending calendar business, 9:30 Members of Congress, 9:30 a.m. and 1 p.m., B–308 Ray- a.m., SD–366. burn. Full Committee to hold a closed briefing with the Subcommittee on Labor, Health and Human Services, Committee on Banking, Housing, and Urban Affairs, on and Education (and Related Agencies), on Administration the political and economic situation in Mexico, and the on Aging, Inspector General and on HHS, 10 a.m., and key factors affecting it, including oil reserves and produc- on Vocational and Adult Education, and Special Edu- tion, and other matters, 2 p.m., S–407, Capitol. cation and Rehabilitation Services, 2 p.m., 2358 Ray- Committee on Environment and Public Works, Subcommit- burn. tee on Superfund, Waste Control, and Risk Assessment, Subcommittee on National Security, on Air Force Air- to hold oversight hearings on the Comprehensive Envi- lift Program, 1:30 p.m., H–140 Capitol. ronmental Response, Compensation, and Liability Act Subcommittee on Treasury, Postal Service, and General (CERCLA), 9 a.m., SH–216. Government, on GSA/Federal Construction, 10 a.m., and Committee on Finance, to hold hearings on welfare reform on GAO, 2 p.m., B–307 Rayburn. proposals, 9:30 a.m., SD–215. Committee on Banking and Financial Services, to continue Committee on Foreign Relations, to resume hearings on hearing on the following: H.R. 1062, Financial Services the ratification of the Treaty Between the United States Competitiveness Act of 1995; Glass—Steagall Reform; and the Russian Federation on Further Reduction and and related issues, 10:30 a.m., 2128 Rayburn. Limitation of Strategic Offensive Arms (The START II Committee on the Budget, to continue hearing on the Ad- Treaty) (Treaty Doc. 103–1), 10:30 a.m., SD–419. ministration’s Fiscal Year 1996 Budget, with emphasis on Subcommittee on East Asian and Pacific Affairs, to the Perspective of State and Local Governments, 10 a.m. hold hearings to examine market reform in New Zealand, and 11:30 a.m., 210 Cannon. 2 p.m., SD–419. Committee on Commerce, to mark up H.R. 483, to amend Committee on Labor and Human Resources, business meet- Title XVIII of the Social Security Act to permit Medicare ing, to mark up S. 141, to repeal the Davis-Bacon Act; Select Policies to be offered in all States, 9:45 a.m., 2123 S. 555, Health Professions Education Consolidation and Rayburn. Reauthorization Act of 1995; S. 184, Office for Rare Dis- Committee on Economic and Educational Opportunities, Sub- ease Research Act of 1995, proposed legislation authoriz- committee on Postsecondary Education, Training and ing funds for programs of the Ryan White Care Act; and Life-Long Learning, to continue hearings on training is- pending nominations, 9:30 a.m., SD–430. sues, Vocational Rehabilitation, 9 a.m., 2175 Rayburn. Committee on Indian Affairs, business meeting, to mark Committee on Government Reform and Oversight, Sub- up S. 349, to authorize funds through fiscal year 1997 committee on Civil Service, hearing on Contracting Out: for the Navajo-Hopi Relocation Housing Program; S. Part 1, 9:30 a.m., 311 Cannon. 441, authorizing funds through fiscal year 1997 for pro- Subcommittee on District of Columbia, to mark up grams of the Indian Child Protection and Family Vio- District of Columbia Financial Recovery Board Act, 2 lence Prevention Act; S. 510, authorizing funds through p.m., 2154 Rayburn. fiscal year 1999 for the Native American Social and Eco- Committee on International Relations, Subcommittee on nomic Development Strategies Grant Program adminis- International Economic Policy and Trade and the Sub- tered by the Administration for Native Americans; and S. committee on Asia and the Pacific, joint hearing on 325, to make certain technical corrections in laws relating United States-East Asian Economic Relations: A Focus on to Native Americans, and to consider other pending com- South Korea, 1 p.m., 2172 Rayburn. mittee business, 10:30 a.m., SR–485. Subcommittee on the Western Hemisphere, hearing to Select Committee on Intelligence, to hold closed hearings on review the Administration’s Certification Program for intelligence matters, 2 p.m., SH–219. Narcotics Producing the Transit Countries in Latin America, 1 p.m., 2200 Rayburn. House Committee on the Judiciary, Subcommittee on Courts and Intellectual Property, hearing on the following; H.R. Committee on Agriculture, Subcommittee on General 587, to amend title 35, United States Code, with respect Farm Commodities, hearing to review Government acre- to patents on biotechnolgical processes; and H.R. 1269, age idling provisions and their impact on program com- to amend the act of June 22, 1974, to authorize the Sec- modity crops, 9:30 a.m., 1300 Longworth. retary of Agriculture to prescribe by regulation the rep- Committee on Appropriations, Subcommittee on Agri- resentation of ‘‘Woodsy Owl,’’ 10 a.m., 2237 Rayburn. culture, Rural Development, Food and Drug Administra- Committee on National Security, Subcommittee on Mili- tion, and Related Agencies, on Congressional and Public tary Procurement, to continue hearings on the fiscal year Witnesses, 1 p.m. and 4 p.m., 2362A Rayburn. 1996 national defense authorization request, 9:30 a.m., Subcommittee on Commerce, Justice, State, and the 2118 Rayburn. Judiciary (and Related Agencies), on Immigration and Special Oversight Panel on Morale, Welfare and Recre- Border Security, 10 a.m. and 1 p.m., 2322 Rayburn. ation, hearing on the fiscal year 1996 national defense au- Subcommittee on Energy and Water Development, on thorization request, 2 p.m., 2212 Rayburn. Congressional and Public Witnesses, 9:30 a.m. and 2 Committee on Resources, Subcommittee on National p.m., 2362B Rayburn. Parks, Forests and Land, to mark up the following bills: March 28, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 431

H.R. 260, National Park System Reform Act of 1995; Committee on Transportation and Infrastructure, Sub- H.R. 1077, to authorize the Bureau of Land Manage- committee on Water Resources and Environment, to ment; and H.R. 1091, to improve the National Park Sys- mark up legislation to reauthorize and amend the Federal tem in the Commonwealth of Virginia, 10 a.m., 1334 Water Pollution Control Act, 10 a.m., 2167 Rayburn. Longworth. Committee on Ways and Means, Subcommittee on Trade, Subcommittee on Native American and Insular Affairs, to mark up the following: H.R. 553, Caribbean Basin hearing on the following: American Samoa Economic De- Trade Security Act; Fiscal Year 1996 Budget Authoriza- velopment Act; and Rongelap Community Resettlement tions for the Customs Service; International Trade Com- and Self-Reliance Act, 2 p.m., 1324 Longworth. mission; and the U.S. Trade Representative, 10 a.m., Committee on Rules, to consider H.R. 1215, Contract 1100 Rayburn. With America Tax Relief Act of 1995, 10 a.m., H–313 Capitol. Joint Meetings Committee on Small Business, Subcommittee on Procure- ment, Exports, and Business Opportunities, hearing on Conferees, on H.R. 889, making emergency supple- the appropriate role and the effectiveness of various Fed- mental appropriations and rescissions to preserve and en- eral Government programs in helping small businesses hance the military readiness of the Department of Defense find export opportunities around the world, 10 a.m., for the fiscal year ending September 30, 1995, 9:30 a.m., 2359 Rayburn. S–207, Capitol. D 432 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Wednesday, March 29 11 a.m., Wednesday, March 29

Senate Chamber House Chamber Program for Wednesday: After the recognition of four Program for Wednesday and Thursday: Complete con- Senators for speeches and the transaction of any morning sideration of H.J. Res. 73, proposing an amendment to business (not to extend beyond 10:45 a.m.), Senate will the Constitution of the United States with respect to the vote on S. 219, Regulatory Transition Act, following number of terms of office of Members of the Senate and which Senate will consider H.R. 1158, FEMA Supple- the House of Representatives. mental Appropriations/Rescissions.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Sam, Tex., E708 Smith, Christopher H., N.J., E705 McDade, Joseph M., Pa., E707 Solomon, Gerald B.H., N.Y., E709 Crane, Philip M., Ill., E703 Packard, Ron, Calif., E706 Weller, Jerry, Ill., E706 Dickey, Jay, Ark., E706 Pelosi, Nancy, Calif., E704, E706, E707, E708 Zimmer, Dick, N.J., E708 English, Phil, Pa., E704, E708 Quinn, Jack, N.Y., E707

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