Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

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, JULY 11, 1995 No. 111 House of Representatives

The House met at 9 a.m. and was Americans who fled their country to We watch OSHA deny the regulations called to order by the Speaker pro tem- escape Communist tyranny. exist at the same time they are scram- pore [Mr. RADANOVICH]. In 1992, candidate Clinton promised bling to change them. f never to lift the trade embargo on the I want to believe this is an honest at- Hanoi communists unless and until tempt at reform. I would like to be- DESIGNATION OF SPEAKER PRO there was a full accounting of Amer- lieve that OSHA tuned in to C–SPAN TEMPORE ican servicemen. Mr. Clinton then one day and said, ‘‘By golly, those Re- The SPEAKER pro tempore laid be- turned his back on our POW/MIA fami- publicans are right. We’ve got to fore the House the following commu- lies claiming that Hanoi had changed. change our emphasis.’’ nication from the Speaker: What change? Vietnam is one of the But I do not think that is how it hap- world’s worst human rights abusers. pened. WASHINGTON, DC, November 8 happened. July 11, 1995. Thousands are imprisoned for political For OSHA, this document is a matter I hereby designate the Honorable GEORGE and religious beliefs and Buddhist P. RADANOVICH to act as Speaker pro tem- monks are once again threatening to of self preservation. pore on this day. immolate themselves on the streets. I brought another document to the NEWT GINGRICH, Hanoi continues to torture our POW/ floor with me today. Speaker of the House of Representatives. MIA families with the slow and selec- This is the one the administration f tive release of information about their would like you to forget. husbands and fathers. In the 103d Congress, the administra- MORNING BUSINESS Mr. President, if you want to know tion’s idea of OSHA reform was H.R. The SPEAKER pro tempore. Pursu- why you are wrong listen to what my 1280. OSHA supported the Comprehensive ant to the order of the House of May 12, colleague SAM JOHNSON—7 years a pris- 1995, the Chair will now recognize oner of Hanoi—told the Washington OSHA Reform Act of 1994. The legislation which increased pen- Members from lists submitted by the Post about Vietnamese communists: alties, regulation, and paperwork. majority and minority leaders for ‘‘They have always lied to us, and they This is dated October 3, 1994. morning hour debates. The Chair will are still lying to us. I see normaliza- Let’s compare these documents: alternate recognition between the par- tion as an attempt on their part to get In 1994, OSHA wanted to impose $62 ties, with each party limited to not to access to American markets. They are billion in new costs on the private sec- exceed 25 minutes, and each Member, not to be trusted.’’ Mr. President, is tor. In 1995 OSHA is backing down from except the majority and minority lead- breaking faith with hundreds of brave strict new standards on ergonomics. er, limited to not to exceed 5 minutes, American families really worth the In 1994, OSHA wanted to redefine oc- but in no event shall exceed beyond 9:50 profits of the big multinationals cupational safety health standards in a.m. bankrolling your reelection campaign? order to justify costly new mandates. f f In 1995, OSHA plans to ‘‘improve, update, and eliminate confusing and out WHY FORMAL RECOGNITION OF OSHA’S NEW ATTITUDE of date standards.’’ COMMUNIST VIETNAM IS WRONG The SPEAKER pro tempore. Under In 1994, OSHA wanted to mandate The SPEAKER pro tempore. Under the Speaker’s announced policy of May even more paperwork requirements on the Speaker’s announced policy of May 12, 1995, the gentleman from Colorado even more businesses. In 1995 OSHA 12, 1995, the gentleman from North [Mr. HEFLEY] is recognized during wants to decrease redtape and paper- Carolina [Mr. FUNDERBURK] is recog- morning business for 5 minutes. work. nized during morning business for 1 Mr. HEFLEY. Mr. Speaker, I am In 1994, OSHA was willing to put minute. holding a copy of the administration’s their ideas into law. In 1995 OSHA is Mr. FUNDERBURK. Mr. Speaker, newest initiative regarding OSHA. It is not so willing. today President Clinton will formally bound in red, white, and blue, and is These two documents represent one recognize Communist Vietnam. While filled with lots of rhetoric about chang- of the great flip-flops of this adminis- American diplomats toast the brutal ing the way OSHA thinks. tration. Hanoi regime, this White House ignores In past Congresses I, and many of my If the administration wants to the wishes of hundreds of POW/MIA colleagues have criticized many of change OSHA’s approach, why don’t families and thousands of Vietnamese- OSHA’s ridiculous regulations. they put the change into law?

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 6739 H 6740 CONGRESSIONAL RECORD — HOUSE July 11, 1995 OSHA’s new approach means nothing did it pass by? It passed by 411 to 0, and grows up in this violence, they are if we leave them the ability to change you really cannot do any better than going to be violent. back to their old gestapo attitude that. So, after 200-and-some years of Second, imagine the horror for the whenever the political climate will tol- this Republic, we finally decided that many, many Americans living in this erate it. we would go right to the core of where type of situation. If you are afraid to Meanwhile, OSHA’s absurdities con- a lot of this violence was starting, in be on the street because of crime, but tinue: the home, and we also realized that, if you cannot even go home because you We heard about the specially de- children see every single dispute are also afraid to be there, what a signed rubber gloves used by Secret solved, every single dispute solved with nightmare. Service officials at the White House. violence at home, they are not going to So what a wonderful feeling it was a It was OSHA which cited serious vio- be able to be given a conflict-resolu- year ago when we all came together in lations of workers safety at Secret tion course for a couple of hours in a huge, bipartisan manner, and we Service guard stations. school to change their behavior. So, voted that out, and we got the bill In speaking with over 15 guards at going in and really saying for the first signed, and we got the details in order, our own capitol buildings, I failed to time this country was going to take and we really thought the train was find a single officer who had ever been this seriously I thought was marvelous. moving, and now we find the whole cut or injured, or that had ever heard Well, now we see that, while we train has been derailed, and they are of an officer being cut or injured, while passed the bill, apparently they are going to drop a little token, $1 million, searching someone’s belongings. taking all the money out. There was to in the box and say ‘‘Isn’t that wonder- They do have rubber gloves, but are be $161 million appropriated for such ful? Look what we have done.’’ allowed to use them at their discretion. things as shelters for victims of domes- Let me tell you what you have done. But that’s not all. Back in my home tic violence, for families; a hotline for You have done nothing. You have done district, a dental office was recently the very first time. We have never had absolutely nothing, and we will be back cited with 11 violations, all of them se- a national hotline on this issue. Also to business as usual on one of the most rious and most of them for paperwork for rape crisis centers $161 million was important crime generators and vio- violations. to go out this year to begin those lence generators in this country. And let us be perfectly clear about One violation included the office’s things, and, believe me, that money is this. It is easy to tell you about other written hazard communication. really needed because to say to the vic- things, but the most important thing is The office took the OSHA approved tims of these kinds of acts that you guidelines from another dental office the home and the family, and if the have to privatize it or you are going to home and the family is the roots of vio- and used them. have to pay for it yourself, good luck. OSHA cited them because they had lence, if the home and the family is ab- Part of the reason they have not been solutely torn asunder, then you are scratched out the name of the dentist able to get out of the violence at home, that originated the booklet and wrote never going to get off square one when or whatever, has been because of the it comes to fighting crime. in their office name. economic dependence they have on the To come into OSHA compliance the batterer, whether it be male or female, f office had to retype the 65 page docu- so that is very essential. THE MEDICARE CRISIS ment, word for word. Well, what happened? It appears, it The SPEAKER pro tempore. Under In other citations, OSHA took the appears that $161 million is now $1 mil- word of a disgruntled employee and the Speaker’s announced policy of May lion, that they took $61 million out. 12, 1995, the gentleman from Colorado made citations based on her accusa- Now that is an outrage. At that point tions. [Mr. ALLARD] is recognized during we ought to just say the act has been morning business for 5 minutes. The dentist was cited for bloodying canceled. I say to my colleague, ‘‘Let’s gloves while working on one patient, Mr. ALLARD. Mr. Speaker, the most be real honest about this. Don’t brag important act of this Congress over the and then using the same gloves, still about your vote if you vote to abso- next 3 months will be the reform of bloodied, on another patient. lutely gut this.’’ It is difficult to believe that any den- Medicare. I would like to take a few There was also $100 million put into minutes this morning to talk about tist, or any patient for that matter, the crime trust fund for this, and that what is at stake for America’s seniors. would allow that to happen. was to help train police and judges and The Medicare Program is in trouble. He was also cited for putting used to do more aid in the States and local- In April, the trustees of the Social Se- gloves in the same container as new ities to get their laws tougher and so curity and Medicare trust funds issued gloves, even though OSHA found no forth. I say to my colleagues, ‘‘Well, an alarming report. The report con- evidence of either of these practices ac- guess what? If that’s all zeroed out, cluded that next year the trust fund tually occurring. don’t brag that you voted for the Vio- that finances Medicare will begin It’s time for OSHA to use a little lence Against Women Act because ob- spending more than it takes in and will common sense. It’s time for real, per- viously that didn’t happen.’’ be bankrupt in 7 years. This will put manent, and radical OSHA reform. Now there will be people saying, ‘‘Oh, the health care of 36 million Americans f well, it is just women.’’ No, it is not. It in jeopardy. is men and women; let me make that Remarkably, this report received al- THE VIOLENCE AGAINST WOMEN perfectly clear. Violence against men most no coverage by the media. Un- ACT IS BEING DERAILED or violence against women in the home comfortable as it might be, the trust- The SPEAKER pro tempore. Under is wrong. Violence against children in ee’s report cannot be ignored. The the Speaker’s announced policy of May the home is wrong. Instead you see ev- trustees include the Secretaries of 12, 1995, the gentlewoman from Colo- erybody now moving to say that Gov- Health and Human Services, Labor, rado [Mrs. SCHROEDER] is recognized ernment should back out of all of that and Treasury, as well as the Social Se- during morning business for 5 minutes. and we should just again go back; the curity Commissioner and two other Mrs. SCHROEDER. Mr. Speaker, as home is totally off limits, and you can public trustees, one Republican and time evolves we are seeing more and batter children, batter spouses, do one Democrat. more about how things look and how whatever. The reason for the crisis is clear. things really are. I must say, as one of Mr. Speaker, it looks like we are Medicare spending is growing at an the people who has been very con- doing something, but we are not be- alarming rate. This year alone, it will cerned about the Violence Against cause we take all the money away. I increase from $176 billion to $196 bil- Women Act, because I think living hope that people in this country wake lion, a growth of 11 percent. This will rooms in America and kitchens in up and realize that because, if we ever be nearly three times the level of America are the classrooms of violence want to get crime on the streets under spending in 1986. It is obvious that any for many of our young people, I was so control, we are not going to do it until Federal program that triples its level proud when this body passed the Vio- we go to the source. We have had study of spending in a decade is headed for lence Against Women Act, and what after study showing that, if a person trouble. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6741 Doing nothing might be the easiest better fits their health care needs— and children. Unwed mothers under the course politically, but in my view that such as coverage for prescription drugs, age of 18 and repeat mothers already on is not an option. The crisis must be ad- dental, or even to establish a medical welfare, would be purged from the dressed now. If Medicare goes bank- savings account. rolls. Fortunately, the Senate bill is rupt, by law, no payments can be made The goal is to save Medicare. It will less radical in the changes it proposes for hospital care for Medicare bene- not be easy or painless, but it will be to welfare programs. And, with passage ficiaries or for any other trust fund- much less painful if we do it now, rath- of other bills, like the farm bill, more paid services. This means that anyone er than pass the buck one more time. level thinking may prevail. age 58 or older today will be imme- My hope is that reform can be accom- FOREIGN TRADE—ITS IMPORTANCE diately impacted in 2002. And if the plished in a serious manner, without a At the same time of these actions, a system is not then made solvent, mil- high level of misinformation and dis- bill was introduced on June 7, H.R. lions of Americans who are much tortion. Congress is now working care- 1756, which proposes to eliminate six younger will be hurt. fully on a reform plan. Many organiza- programs from the Department of Com- Medicare can be fixed right now. And tions, such as the American Medical merce and to privatize or transfer into if we do it now, we can make the trust Association, and individuals are pro- other departments, many other Com- fund solvent without reducing current viding helpful proposals. The final plan merce programs. A similar bill, S. 929, Medicare expenditures. will be available in early fall. has been introduced in the Senate. The Those who oppose reform will make Two things in particular should be bill would eliminate the Economic De- wild charges of draconian cuts. But kept in mind as the debate progresses. velopment Administration, the Minor- when you hear those charges ask your- First, no one is proposing any cuts in ity Business Development Agency, the self what opponents of reform are pro- Medicare, only a slower rate of growth. Office of the Secretary, General Coun- posing as a solution. The only other op- Second, those who decry the proposed sel and Inspector General at Com- tions are to either postpone the crisis a reforms should be challenged to merce, as well as several other pro- few more years, or substantially raise present their solution. Strengthening grams under the Department. Indeed, payroll taxes. Medicare is too important to be left to this bill effectively dismantles the While three members of the Presi- politics as usual. Doing nothing is not Commerce Department which has been dent’s Cabinet are Medicare trustees an option. the engine that has helped expand job and signed onto the trustees report, f opportunities in the global market. the President’s first budget included no reforms. The only response the Presi- THE MINIMUM WAGE BILL—WHAT ANALYSIS dent and his Democrat colleagues gave HAS HAPPENED? It is obvious to me that in our zeal to to this problem was criticism. How- The SPEAKER pro tempore. Under cut spending and balance the budget, ever, the new Clinton budget has the Speaker’s announced policy of May we are being penny wise and pound changed all that. 12, 1995, the gentlewoman from North foolish. We are putting people out of work, taking benefits from people President Clinton has admitted that Carolina [Mrs. CLAYTON] is recognized a balanced budget is best for our Na- during morning business for 5 minutes. without giving them work and keeping tion—though his budget falls close to Mrs. CLAYTON. Mr. Speaker, in Feb- those who are working at poverty lev- $1 trillion short of the amount actually ruary, the President proposed a modest els. We are creating a larger, and per- needed to achieve a balanced budget. increase in the minimum wage. Follow- haps more permanent, underclass by But most importantly for our seniors ing the President’s proposal, the Demo- these irrational actions. and soon to be seniors, the President cratic leader introduced H.R. 940, the This blind march toward the year admits that Medicare must be re- Working Wage Increase Act of 1995. 2002 fails to take into account that the formed and saved from bankruptcy. Under H.R. 940, the minimum wage best welfare reform is minimum wage Still, even with this, many of his Dem- would be increased, in two steps, to reform. This irresponsible cutting of ocrat colleagues still only criticize. $5.15 by Independence Day in 1996. trade programs fails to take into ac- In order to reform the Medicare sys- There are currently 91 cosponsors of count that foreign trade has created tem, we have slowed the rate of growth H.R. 940. 274,000 jobs in my State of North Caro- from over 10 percent to 6.5 percent a Nothing has happened on the mini- lina alone. year—a rate that will still exceed pri- mum wage bill since its introduction. I have consistently stated that I am vate-sector health care spending in- Could this be because all of the spon- for welfare reform. I have also consist- creases and inflation rate increases. sors are Democrats? It should be a bi- ently maintained that I support a bal- Even with this level of reform, the partisan effort to raise the minimum anced budget. The problem, however, country’s annual Medicare spending wage. It has been in times past. Both with the direction we are taking is will still rise from the current $4,700 Speaker GINGRICH and Senator DOLE that we have closed our eyes to the im- per beneficiary to $6,400 per beneficiary have supported minimum wage in- pact of our acts. We can cut programs, in 7 years. Similarly, in my own State creases. The minimum wage needs to refuse to raise the minimum wage and of Colorado, overall Medicare spending be increased now for two major rea- save money. between 1995 and 2002 will increase 60 sons. First, to help improve the quality But, the money we lose by these percent, which results in an increase of of life for all of our citizens. deeds could far exceed the amount we $1,385 per beneficiary. And, second, to raise the standards of gain. For example, while we are reduc- Much of the reform can be accom- our workers so that they can keep pace ing our domestic deficit, we are ignor- plished with more private sector in- with changing technologies and be bet- ing our trade deficit, and our trade def- volvement in the program, and by giv- ter prepared for competing with work- icit is soaring. We may save a few bil- ing seniors more choices and more ers around the world. lion dollars through eliminating Com- power over the way their health care WELFARE REFORM—AN UPDATE merce to help reduce the deficit, but we dollars are spent. Currently, Medicare While minimum wage is stalled, Con- will lose $20 billion through an in- beneficiaries are given only one op- gress is moving very fast to drive citi- creased trade deficit. What sense does tion—the bureaucratic, outdated, 30- zens off welfare. I support welfare re- it make to eliminate the very struc- year-old, one-size-fits-all program. It is form, but with provisions for training ture that assists American businesses time to bring Medicare into the 1990’s. and the minimum wage increase. The in expanding, large and small, and No longer should the Government welfare reform bill, H.R. 4, passed the helps create jobs for American work- interfere in the relationship between House on March 24 of this year and ers? patients and their doctors. We should passed the Senate Finance Committee SUPPORT THE MINIMUM WAGE ensure that Medicare beneficiaries and on May 26. The President’s minimum wage pro- soon to be beneficiaries are able to con- The House-passed bill would block posal, combined with the earned in- tinue their existing coverage—includ- grant cash welfare, child care, school come tax credit we passed last Con- ing their choice of doctors and hos- breakfast and lunch programs, and nu- gress, will go a long way in pushing pitals, or choose new coverage that trition programs for pregnant women millions of working Americans out of H 6742 CONGRESSIONAL RECORD — HOUSE July 11, 1995 poverty. Yet, some of us are in the are not. They may be executed by this stand to give aid and comfort to the midst of cutting the earned income tax deed of infamy in the Rose Garden at Communist forces in Hanoi. What a credit. It makes no sense. Sixty per- midday today. disgraceful day today is. cent or 6 out of every 10 of those who Last night I did a 1-hour special f are minimum wage workers are order. I had Robert Strange women. Many of them have children. McNamara’s evil book in my hands, RECESS And, most minimum wage workers are this book that the New York Times has The SPEAKER pro tempore. Pursu- poor. Increases in the minimum wage on the best seller list. Boggles my mind ant to clause 12 of rule I, the Chair de- have not kept pace with increases in that people would pay money to read clares the House in recess until 10 a.m. the cost-of-living. the words of this man who walked off Accordingly (at 9 o’clock and 30 min- That is why a worker can work full-time, 40 the battlefield in Vietnam, blood drip- utes a.m.) the House stood in recess hours a week, and still be below the poverty ping from his hands, resigned on Feb- until 10 a.m. level. Surely we can increase the minimum ruary 29, 1968, leap year day of that f wage for the first time since April, 1991, a pe- year, probably a deliberate choice of riod during which the cost of housing, food day. Lyndon Johnson disgracefully AFTER RECESS and clothing has greatly risen for the minimum gave Robert McNamara, Secretary of The recess having expired, the House wage worker. Defense, the choice of when he would was called to order by the Speaker at The best welfare reform is a job, at a livable resign. He made a speech in Canada in 10 a.m. wage. I support this constrained request to lift October 1967 saying we could not win f millions of workers out of poverty. If we lift the Vietnam war, and LBJ, instead of workers out of poverty, we will have less of a firing him the next day, gave him 4 or b 1000 demand for welfare. If we have less of a de- 5 more months of payroll, and that mand for welfare, we will have less of a bur- February 29 he resigned in a rainy cere- PRAYER den on this Nation's resources. mony over on the Mall, had canceled The Chaplain, Rev. James David If we have less of a burden on this Nation's his flyby, thank you God, no Air Force Ford, D.D., offered the following pray- resources, we can compete more effectively in veterans of that long struggle in Viet- er: the global marketplace. And, if we compete nam had to fly by and honor this dis- From the first hours of new life to more effectively in the global marketplace, we graceful man, and then guess where the last rays of the Sun, from the open- can reduce the trade deficit, further reduce the Mr. McNamara went, Mr. Speaker? He ing of each day of grace to the final domestic deficit, create more jobs, put people went skiing at Aspen and then took a moments of our time, may we, O gra- to work and restore America. Mr. Speaker, it diversionary side trip in March 1968 cious God, not neglect our words of makes sense to me. I can not understand why down to the Caribbean, back for more prayer, praise, and thanksgiving. While it does not make sense to my colleagues. skiing at Aspen while the hospitals in we know how easily we are absorbed in True vision is the art of seeing things invisible. Vietnam were filled with the broken our tasks and our eyes miss the heav- We see what we want to see. We can keep bodies of young Americans, some of enly vision, we know too that You do many of our workers at low wage, unskilled them triple and double amputees, and I not forget us; we acknowledge that our jobs, or we can pay them better and train remember one quadruple amputee, all lives stray here or there, yet we know them better. from that massive Tet offensive that too that Your goodness and Your love This is not 1945. The world community need we won, and Walter Cronkite is writing sustain us all our days. For these and not buy refrigerators from us. They can buy off our effort to LBJ, forcing him to re- all Your blessings, O God, we offer them almost anywhere. But, if we want to sell sign or to say he resigned from the these words of thanksgiving. Amen. our refrigerators, we better have workers who Presidential campaign on the 30th of f can make them well. Let's reform welfare. But, March, and Bob McNamara is still ski- let's also pass H.R. 940, the modest minimum ing at Aspen. THE JOURNAL wage bill. Here is what McNamara said in his The SPEAKER. The Chair has exam- f book, page 105. I am reading from last ined the Journal of the last day’s pro- night’s CONGRESSIONAL RECORD where I WHAT A DISGRACEFUL DAY ceedings and announces to the House inserted this. He writes: TODAY IS his approval thereof. It is a profound, enduring and universal Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. Under ethical and moral dilemma: How, in times of nal stands approved. the Speaker’s announced policy of May war and crisis, can senior government offi- f 12, 1995, the gentleman from California cials be completely frank to their own people [Mr. DORNAN] is recognized during without giving aid and comfort to the PLEDGE OF ALLEGIANCE morning business for 5 minutes. enemy? Mr. DORNAN. Mr. Speaker and my There is McNamara talking about The SPEAKER. Will the gentleman colleagues who may have clicked on Hanoi, North Vietnam calling him the from Ohio [Mr. CHABOT] come forward the floor proceedings in their offices enemy, and they were, and they still and lead the House in the Pledge of Al- this morning, and to a handful of visi- are, and he is talking about giving aid legiance. tors in the gallery, and to the million to the enemy in Hanoi, comfort to the Mr. CHABOT led the Pledge of Alle- or so people that track the proceedings enemy in Hanoi, and, less than 2 years giance as follows: of this, the world’s greatest legislature, after that, Bill Clinton was in Moscow I pledge allegiance to the Flag of the over C–SPAN, I rose this morning to giving aid to the people in Hanoi, giv- United States of America, and to the Repub- lic for which it stands, one nation under God, discuss again that 11 July of 1995 is a ing comfort to the people in Hanoi, giv- indivisible, with liberty and justice for all. disgraceful day in the history of our ing aid and comfort to the Communist country because the Commander in forces in Hanoi, and then went down to f Chief down at the White House in a Prague and did it some more. It is un- MESSAGE FROM THE SENATE Rose Garden ceremony—I gag on the believable that of all the human beings A message from the Senate by Mr. words a Rose Garden ceremony—is that should be in the White House, in Lundregan, one of its clerks, an- going to extend the honor and the dig- the Oval Office, in the Rose Garden, it nounced that the Senate had passed nity of diplomatic relations to the war is a man who let three high school men with amendments in which the concur- criminals, the Communist war crimi- go in his place. Maybe one of them was rence of the House is requested, bills of nals, who sit in power, and oppressive this young missing in action American, the House of the following titles: power, in Hanoi. The Americans that Jimmy Holt, captured February 7, 1968, we left behind in Laos, 499 men shot disappeared into the midst of South- H.R. 400. An act to provide for the exchange of lands within Gates of the Arctic down, some of them captured on the east Asia the very month that McNa- National Park and Preserve, and for other ground, Special Forces men, perform- mara is resigning, and this disgraceful purposes; and ing special operations, they may still book of McNamara is called ‘‘In Retro- H.R. 716. An act to amend the Fishermen’s be alive. There is no proof that they spect.’’ Clinton said it vindicates his Protective Act. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6743

The message also announced that the erty. That is what we need, and that is Mr. LAHOOD. Mr. Speaker, today is a Senate had passed bills of the following where we should be headed. very, very sad day for America, but it titles, in which the concurrence of the f is an even sadder day for American House is requested: families who are waiting word on loved S. 533. An act to clarify the rules governing SELLING POLITICAL FAVORS ones that have been designated as removal of cases to Federal court, and for (Mr. CHABOT asked and was given MIA’s or POW’s in Vietnam. The policy other purposes; and permission to address the House for 1 of normalizing relations with Vietnam, S. 677. An act to repeal a redundant venue minute and to revise and extend his re- which will be announced today by the provision, and for other purposes. marks.) President of the United States, is a f Mr. CHABOT. Mr. Speaker, while Re- slap in the face at those families who publicans are working to fulfill their are waiting word on their loved ones. U.N. CONTROL OF U.S. FORCES promise of changing business as usual This is not a correct policy, this is a UNCONSCIONABLE in Washington, liberal Democrats have wrong policy, and until the Govern- (Mr. SAM JOHNSON of Texas asked their sights set on campaign 1996. ment of Vietnam comes forward and and was given permission to address The Clinton White House has begun accounts for all of those who have been the House for 1 minute and to revise campaign efforts by starting their own missing in action or designated as and extend his remarks.) version of the Publisher’s Clearing- POW’s, we should not normalize rela- Mr. SAM JOHNSON of Texas. Mr. house Sweepstakes. Instead of buying tions with Vietnam. We should not do Speaker, well, here we go again. Our chances at winning the million dollar it for economic reasons. That is the President, without consulting the Con- grand prize, big Clinton campaign con- worst reason to do it. What we should gress, has allowed the United Nations tributors are buying chances at win- be saying to them is ‘‘give us a full ac- to make a decision to bomb in Bosnia. ning big White House favors. counting.’’ We owe it to the people who It is going on as I speak. The U.S. F– In this political game, grand prize have lost their loved ones. 18’s, according to the press, are over contributors of $100,000 win two dinners Mr. Speaker, I hope that all Ameri- there bombing. U.N. control of U.S. with President Clinton, two receptions cans will speak out against this. forces is unconscionable, without re- with Vice President AL GORE, plus, f sorting to consent from the Congress. their very own spot on a foreign trade A FEDERAL INVESTIGATION OF We did not declare war. mission with business and party lead- WACO FIASCO NEEDED If one American life is lost because of ers. these actions, I think it is a disgrace to They have yet to confirm if Ed (Mr. TRAFICANT asked and was American integrity. McMahon will announce the winners of given permission to address the House f these special White House perks. for 1 minute.) Mr. TRAFICANT. Mr. Speaker, the f ANNOUNCEMENT BY THE SPEAKER fiasco of Waco, TX, commando raids, The SPEAKER. The Chair will recog- UNITED STATES SHOULD RENEW machine guns, tear gas, bulldozers, nize 10 Members from each side for 1- DIPLOMATIC RELATIONS WITH loud music, the recorded screams of minute speeches. VIETNAM dying rabbits all night, young children, 90 dead. And any Federal agent could f (Mr. PETERSON of Florida asked and was given permission to address honestly testify that David Koresh AFFORDABLE HOUSING MUST BE the House for 1 minute and to revise could have been arrested without inci- PROVIDED FOR ALL AMERICANS and extend his remarks.) dent, without harm, without force, any morning he jogged outside that camp, (Mr. KENNEDY of Massachusetts Mr. PETERSON of Florida. Mr. every single morning. asked and was given permission to ad- Speaker, today the President will an- The truth is, the Federal agencies nounce the renewal of diplomatic rela- dress the House for 1 minute and to re- wanted a media milestone. The Federal tions to Vietnam. I applaud these ef- vise and extend his remarks.) agencies instead ended up with a media Mr. KENNEDY of Massachusetts. Mr. forts. It is time. massacre. Yes, there must be a con- Speaker, first I might start off the For the record, I spent 61⁄2 years as a POW in Vietnam. I know about as gressional investigation. There must morning by hoping that all of our col- be. Waco screams out louder than the much about Vietnam as anyone in the leagues will perhaps say a prayer today recorded screams of those dying rabbits House. I am convinced that these ef- for our esteemed colleague, JOE MOAK- for a congressional investigation. The forts will enhance our search for the LEY, who has just been raised from crit- Federal agencies earned it, they de- fate of the missing MIA’s. We have ical to serious condition in the hospital serve it. after a liver transplant in Virginia. He made significant progress over the last Mr. Speaker, let us get on with our is a terrific fellow, as we all know, and 4 years in our joint efforts with the Vi- business. deserves our prayers and consideration etnamese, searching all over Vietnam, f this morning. with access to prisons, access to vir- Mr. Speaker, I rise today in strong tually anyone on the street, and cer- CHANGING THE STATUS QUO opposition to the action taken by the tainly access to their archives. We (Mr. JONES asked and was given per- Committee on Appropriations last have sincere, trustworthy, and commission to address the House for 1 night in their 25-percent reduction in petent people working together in minute and to revise and extend his re- our Nation’s housing funding. Vietnam in this effort. marks.) We have decimated our Nation’s But now we are at a point if we do Mr. JONES. Mr. Speaker, since tak- housing funding over the course of the not renew diplomatic relations, the Vi- ing control of Congress, the Republican last week and a half. A week ago we etnamese could unilaterally just say Party has stayed focused on the com- cut $7 billion out of the Nation’s hous- get out of here, we quit. We do not mitment we made with the American ing. Yesterday evening we cut an addi- want to lose the progress we have people—to change the status quo. tional $7 billion, 25 percent of the an- made. It is time for diplomatic rela- While the Democrats are playing poli- nual budget. tions. It is time to move on, with the tics by creating a ‘‘buyers market’’ for We take photo ops and give sound world bringing Vietnam into the the White House, we are trying to save bites in front of the worst public hous- League of Nations. and protect Medicare for senior citi- ing, ignoring the fact that 90 percent of f zens and for future generations. the public housing in this country is in Our plan abolishes the one-size-fits- good, decent shape and providing af- ADMINISTRATION’S NEW VIETNAM all plan, designed over 30 years ago. We fordable housing for the poorest, most POLICY IS WRONG replace it with a program that allows vulnerable people in this country. (Mr. LAHOOD asked and was given senior citizens to have the same health Let us stand for something in this permission to address the House for 1 care choices as other Americans. country. Let us not conduct a war on minute and to revise and extend his re- Also, the well-documented waste and the poor. Let us conduct a war on pov- marks.) fraud of the Medicare system, will be H 6744 CONGRESSIONAL RECORD — HOUSE July 11, 1995 rooted out allowing for a 54-percent TRIBUTE TO FOSTER FURCOLO, Ms. DELAURO. Mr. Speaker, on Sat- spending increase—the spending per FORMER MASSACHUSETTS CON- urday, the Washington Times con- senior will increase from $4,800 to more GRESSMAN AND GOVERNOR firmed what seniors have feared about than $6,700. (Mr. NEAL of Massachusetts asked Republican plans to cut Medicare. The Bottom line, the Republicans stand and was given permission to address conservative newspaper reported that for change and the Democrats stand for the House for 1 minute and to revise the Republican leadership’s ultimate the status quo. It is time to put aside and extend his remarks.) goal is to privatize Medicare. political games and address the con- Mr. NEAL of Massachusetts. Mr. Now, Republicans claim that their cerns of the American people. Speaker, I rise today in this Chamber plan to privatize Medicare will offer to pay tribute to a former member of seniors more choices in the private f this institution, who has represented health care market. But, unfortunately MEDICARE the Second Congressional District of seniors know that the only choices Massachusetts, who passed away this that privatization offers them is to pay (Ms. VELA´ ZQUEZ asked and was past Wednesday. and pay and pay. given permission to address the House A distinguished Italian-American The privatization of Medicare will for 1 minute and to revise and extend from western Massachusetts, Foster mean that seniors will pay more in pre- her remarks.) Furcolo served as a Member of the 81st miums and deductibles. Recipients who Ms. VELA´ ZQUEZ. Mr. Speaker, I rise and 82d Congresses from 1949 to 1952, now pay $46.10 per month for Medicare to take strong exception to the Repub- where he was known as a moderate part B would pay more than $110 per lican budget resolution that will dras- Democrat. Five years after serving in month, under the GOP plan. tically slash Medicare payments to this House, Foster Furcolo became Thirty years ago when Medicare was senior citizens. Massachusetts’ 60th Governor. established, 95 percent of Republicans Instead of wasting less on weapons A product of Yale University opposed the plan. Now, Republicans are and military spending, the Republicans undergrad and law school, educational out to achieve a 30-year goal, disman- want to balance the budget on the achievement was on the forefront of tling what they never wanted in the backs of the elderly. This plan will Furcolo’s political agenda. His proud- first place—Medicare. est achievement in Massachusetts was slash $270 billion from future Medicare f spending, the largest cut in history. the establishment of the community college system. He also expanded the Large reductions in Medicare pay- MEDICARE University of Massachusetts and spon- ments will mean that Seniors will have (Mrs. SEASTRAND asked and was sored growth in loan and scholarship to pay more for health care out of their given permission to address the House programs. He strengthened programs own pockets. for 1 minute and to revise and extend for the elderly, and outlawed housing her remarks and include extraneous Republicans are cutting Medicare in discrimination. order to give $240 billion to wealthy Hailing from Longmeadow, MA, Fos- material.) corporations. ter Furcolo was a mentor to those of us Mrs. SEASTRAND. Mr. Speaker, over Balancing the budget is a worthy from the western part of the State who the last month or so, liberal Democrats goal, but it should be done more fairly, were interested in public service and have proven over and over that they and not at the expense of the health government. His contributions to Mas- have become the party of obstruction. and well-being of our Nation’s elderly. sachusetts will not be forgotten. They have no ideas, they offer no vision. More importantly, they have Senior citizens have worked hard and f completely ignored reports of the im- contributed all their lives to this coun- pending insolvency of Medicare. try. Let’s end these shameless cuts and MEDICARE AT A CROSSROADS choose an equitable path to a balanced (Mr. GUTKNECHT asked and was Liberal Democrats act so very con- budget. Less for guns and corporate given permission to address the House cerned about Medicare. But let us ask welfare; more for children, working for 1 minute and to revise and extend this: Why have they not recognized the families and seniors. his remarks.) report by the Medicare Trustees saying Mr. GUTKNECHT. Mr. Speaker, the that Medicare will go bankrupt in just f Medicare system is at a crossroads. 7 years? How come they have not put forth a program to save Medicare? A MAN OF CHANGE? The Medicare Board of Trustees have said, and I quote from page 3 of their The differences between the parties (Mr. HEFLEY asked and was given report, ‘‘* * * The fund is projected to on Medicare are all too obvious. Repub- permission to address the House for 1 be exhausted in 2001 * * *.’’ That leaves licans are committed to saving Medi- minute and to revise and extend his re- this country with two options. We can care from bankruptcy and preserving it marks.) either take the path to protect, pre- for future generations. Liberal Demo- Mr. HEFLEY. Mr. Speaker, recently serve, and save Medicare or we can do crats play lip service to Medicare and House Democrats have been posting what the President would like to do attempt to scare the elderly all in the signs outside their offices that read and walk down the road to no idea land name of their twisted class warfare ‘‘Not For Sale.’’ I guess their reasoning that would throw millions of Ameri- agenda. for doing so is to distance themselves cans off needed health benefits. Every- f from the current administration. one agrees that there is a problem but Democrats might argue that it’s in ref- only the Republicans pose a solution. COMPACT-IMPACT AID erence to their blatant hypocrisy over Where’s your plan Mr. President? Your (Mr. UNDERWOOD asked and was a committee seat, but since the White own trustees agree that Medicare will given permission to address the House House has begun selling access to the go broke yet you do nothing. Does that for 1 minute and to revise and extend open ear of the executive branch, I mean that you would rather stay on his remarks.) think it’s because it looks bad back the political median than save Medi- Mr. UNDERWOOD. Mr. Speaker, in home. The reason it looks bad, is be- care from bankruptcy? The answer to 1986 the United States flung open its cause it is bad. This administration that question is clear. Our President is borders to the three countries of the claims to be the party of the poor and once again absent without leadership. former U.S. Trust Territory of the Pa- working class. Mr. Speaker, I ask how f cific. The Compact of Free Association, many factory workers, teachers or civil negotiated between these nations and servants you know who could afford to DISMANTLING MEDICARE the United States, waives all usual INS spend $100,000 for a couple of meals at (Ms. DELAURO asked and was given procedures allowing totally unre- the White House. This administration permission to address the House for 1 stricted immigration into the United has claimed to be the party of change minute and to revise and extend her re- States. Because of Guam’s proximity and I guess it’s true because $100,000 is marks and include extraneous mate- to these islands, we bear the brunt of a lot of change. rial.) this in-migration. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6745 The law implementing the Compact there is an oasis of peace and quiet, exposing the true conditions and pur- of Free Association authorized reim- free from the guns and beatings and poses of these Chinese labor camps. bursement to Guam for the impact of mayhem and sexual material that is so Our message, Mr. Speaker, to the this policy. Today, over 8,000 foreign frequently used to attract TV audi- Chinese Government and to the world citizens, 6 percent of our population, ences. must be crystal clear. No American cit- now legally reside on Guam. This is nothing more or less than an izen shall be arrested and mistreated The Government of Guam has carried on-off button, modernized for today’s anywhere in the world without all the water for this ill-conceived immi- world. Parents can’t be home all day, Americans being threatened and all gration policy since 1986 and has in- so technology will block shows until Americans responding. curred costs in excess of $70 million. I parents get home. The Congress will soon be consider- urge my colleagues to support an It is not censorship, it is parental ing most-favored-nation trade status amendment that I will offer to the In- choice. with China. The Chinese are currently terior appropriations bill to restore the It is not content regulation, it is pa- running a $36 billion a year trade sur- administration’s request of $4.58 mil- rental mobilization. plus with us. Without MFN, Mr. Speak- lion for Guam compact-impact aid. It is not big brother, it is big mother er, most of its exports will cease. Let Guam may be 10,000 miles away, but on and big father. us make Dr. Wu the $36 billion man and this immigration issue, Guam will not Ninety percent of parents polled withhold MFN from these barbaric buy the excuse that the Federal Gov- want it. Within the next couple of days goons. ernment lost our compact-impact the gentleman from Virginia [Mr. f check in the mail. MORAN], the gentleman from South f Carolina [Mr. SPRATT], the gentleman ACCESS TO THE PRESIDENT CAN from Nebraska [Mr. BEREUTER], the BE PURCHASED MEDICARE OR MEDISCARE gentleman from Arkansas [Mr. DICK- (Mr. HOKE asked and was given per- (Mr. HAYWORTH asked and was EY], and I will be introducing legisla- mission to address the House for 1 given permission to address the House tion to advance this cause. minute.) for 1 minute and to revise and extend f Mr. HOKE. Mr. Speaker, the gen- his remarks.) tleman from California [Mr. STARK] is THE FISCAL YEAR 1995 EMER- Mr. HAYWORTH. Mr. Speaker, we absolutely right about Harry Wu. have heard it again this morning. The GENCY SUPPLEMENTAL AND RE- I want to quote this morning in the gentlewoman from Connecticut brings SCISSIONS spirit of bipartisanship from a book it up. The only change the guardians of (Mr. LUCAS asked and was given per- that President Clinton wrote in 1992 the old order want to make is to mission to address the House for 1 called ‘‘Putting People First’’: change the name from Medicare to minute.) American politics is being held hostage by Mediscare. They are intent on scaring Mr. LUCAS. Mr. Speaker, as H.R. big money interests, including political ac- senior citizens, despite the report of 1944, the House-passed rescission and tion committees, lobbies and cliques of the Medicare Trustees that tell us that emergency supplemental bill, wallows $100,000 donors who buy access to Congress Medicare goes broke over the next few on the other side of this Nation’s Cap- and the White House. years if we fail to do anything. itol, the people’s business again is held The President actually wrote that in The new majority is committed to captive by a tiny fragment of the 1992. It is right out of ‘‘Putting People governing this Nation, is committed to makeup of the U.S. Congress. First.’’ Well, last week we saw the cul- saving Medicare, and, yes, is commit- Their opposition to making govern- mination of what has been a rather ted to a variety of alternatives. Far be ment smaller and more efficient cre- shameless parade to the well and a it from the fear tactics of one-size-fits- ates collateral damage to which they spectacle of self-righteousness un- all with one type of tactic to use. We seemingly turn a blind eye to. They equaled in history. Every day that the want to broaden the options, to save must be made aware that H.R. 1944 is House is in session, liberals take to the Medicare for future generations, be- not just about deficit reduction, timber House floor and denounce and beat cause our responsibility to govern al- salvage or any other partisan issue. their chests about the floods of special lows us to do nothing less. H.R. 1944 is about victims of flood, interest money. Their self-righteous f earthquake, and terror. whimpers can be heard for miles from I represent the area of Oklahoma here. b 1020 City that was rocked by a man-made But we just had the disclosure that THE V-CHIP devastation never before seen in this the DNC is not immune. Apparently, (Mr. MARKEY asked and was given country. H.R. 1944 contains crucial aid look what is happening. For $100,000 permission to address the House for 1 to help this damaged but healing city you can go to dinner at the White minute and to revise and extend his re- get back on its feet. I would plead with House four times, get a spot on a trade marks.) those who oppose this measure to lis- mission. For $50,000 you get a Presi- Mr. MARKEY. Mr. Speaker, yester- ten to the calls of the President, con- dential dinner plus high-level briefings. day the violence chip received the en- gressional leadership, and overwhelm- Come on. Let us back off and get dorsement of the President of the Unit- ing majorities in each House to free real. ed States. this legislation. It’s time we put clo- f This is a watershed moment in the sure on this issue and put the people’s WE JUST NEED THE GUTS TO PAY fight for balance between parents who business above partisan politics. FOR MEDICARE feel overwhelmed by the 200-channel f television world of the future, and (Mr. GENE GREEN of Texas asked CHINA AND HUMAN RIGHTS those who believe that the first amend- and was given permission to address ment denies government any role in (Mr. STARK asked and was given the House for 1 minute and to revise managing television. permission to address the House for 1 and extend his remarks.) Parents can set their sets to block minute and to revise and extend his re- Mr. GENE GREEN of Texas. Mr. out violent shows, and the V-chip does marks.) Speaker, the Republicans have a plan the rest. Any show carrying a rating Mr. STARK. Mr. Speaker, my con- to cut $270 billion from Medicare be- that the parent wants to keep out, gets stituent, Dr. Harry Wu of Milpitas, CA, tween now and the year 2002. During blocked. a Chinese-born American citizen, has that same period, they plan to cut at For those of you who can’t program campaigned to publicize conditions in least $245 billion in taxes for the most the clock on your VCR, this is easier. If the Chinese labor camps. He has re- affluent in our country. Does that you want, you can set it once and not cently been arrested and charged with sound like they are concerned about reset it until your kids are grown. espionage by the Chinese government, the senior citizens in our country? In the meantime, a parent knows and he could face execution if con- The Republicans claim that Demo- that at least in his or her living room, victed. Dr. Harry Wu’s only crime is crats are engaging in scare tactics. H 6746 CONGRESSIONAL RECORD — HOUSE July 11, 1995

They want the public to believe that tleman from Ohio [Mr. HALL] pending ments are protected and each one has $270 billion in Medicare cuts will be which time I yield myself such time as adequate debate time. pain-free and that seniors will be bet- I may consume. During consideration To those who may rise to claim that ter off, maybe even have more freedom. of this resolution, all time yielded is this rule is not fair, I would point out Seniors have the freedom of choice for the purpose of debate only. the hours upon hours that this body right now. They can go to their own (Mr. GOSS asked and was given per- has spent voting on unnecessary mo- doctor. They can go to their own hos- mission to revise and extend his re- tions already on this appropriations pital. Let me reiterate to my Repub- marks and to include extraneous mate- bill, procedural motions, dilatory mo- lican colleagues, this is free enterprise. rial.) tions, time that could have been used I think the public would be a little Mr. GOSS. Mr. Speaker, I think be- to finish the bill under a completely more confident in the Republican fore we start the proceedings this open rule. promises if the Medicare cuts were morning that we all want to be re- By calculations of the chairman of driven by a genuine health care con- minded of the fact that our good friend the Committee on Rules, if I have read cern instead of the balanced budget. and colleague, the ranking member of his quotes right, so far 27 hours have Medicare is not bankrupt any more the Committee on Rules, the gen- been used in debate on this, which is 5 than the Defense Department is bank- tleman from Massachusetts, JOE MOAK- more than we used to debate Desert rupt. If you want to have senior citizen LEY, is in the hospital. We wish him Storm in 1991, and that involved hos- health care, you have to pay for it. You Godspeed and early return and all good tile open warfare. have to pay for it every year just like health. This rule strikes an important bal- we have to pay for the Defense Depart- Mr. Speaker, in the week leading up ance between the rights of Members to ment. to the Fourth of July break, we wit- offer amendments, most notably the The Medicare system is not bank- nessed one of the longest campaigns of three Democrat Members, I say the rupt. We just need to have the guts to dilatory floor tactics in the recent his- three Democrat Members who still pay for it. tory of the House of Representatives. have amendments pending are being f That campaign continues. Yesterday’s provided for under this rule, and one Roll Call quotes a minority leadership other amendment as well, and the need PROVIDING FOR FURTHER CONSID- aide as saying, ‘‘We are blowing up the to finish consideration of this legisla- ERATION OF H.R. 1868, FOREIGN House on Monday.’’ Well, it is Tuesday tion in a timely manner, which is our OPERATIONS, EXPORT FINANC- and we are still here, and we are responsibility. ING, AND RELATED PROGRAMS pleased about that. I think this is the right balance. It APPROPRIATIONS ACT, 1996 The minority Members have made allows those who had amendments Mr. GOSS. Mr. Speaker, by direction references to guerilla warfare. Mr. pending to complete the business of of the Committee on Rules, I call up Speaker, these are not the sentiments this bill. It does get the bill moving. I House Resolution 177 and ask for its of the people of the United States who urge my colleagues to support the rule. immediate consideration. are interested in working for the na- Mr. Speaker, I reserve the balance of The Clerk read the resolution, as fol- tional interest. Unfortunately, it is my time. lows: clear that the minority has decided to Mr. HALL of Ohio. Mr. Speaker, I hold the foreign operations bill and yield myself such time as I may H. RES. 177 possibly other legislation hostage in consume. Resolved, That during further consideration order to grandstand on what is an ex- (Mr. HALL of Ohio asked and was of H.R. 1868 pursuant to House Resolution given permission to revise and extend 170, consideration of the bill for amendment traneous issue and now one that I hope in the Committee of the Whole House on the is behind us and resolved. his remarks and to include extraneous state of the Union shall proceed without in- To anyone who still has questions material.) tervening motion except the amendments about the matter of committee ratios, Mr. HALL of Ohio. Mr. Speaker, I printed in the report of the Committee on I simply urge them to look at the his- rise in opposition to House Resolution Rules accompanying this resolution. Each of tory of ratios in the House under 177, the second rule on the foreign oper- those amendments may be considered only in Democratic rule. I think the evidence ations appropriations bill for fiscal the order printed in the report, may be of- very clearly shows, as we pointed out year 1996. Approximately 2 weeks ago, fered only by a Member designated in the re- in debate yesterday, that the Repub- on June 22 when we were debating the port, shall be considered as read, shall be debatable for twenty minutes equally divided licans indeed are more generous to the first rule on this bill, I stood here and and controlled by the proponent and an op- minority on the Committee on Ways commended my colleagues on the other ponent, shall not be subject to amendment, and Means than we have experienced side of the aisle for reporting an essen- and shall not be subject to a demand for divi- when it was the other way around. So tially open rule. Now, after several sion of the question in the House or in the let us end that discussion and get on days of full and fair debate on many Committee of the Whole. All points of order with the business. important amendments under the 5 against amendments printed in the report Mr. Speaker, the majority is here to minute rule, we are suddenly closing are waived. The chairman of the Committee do the people’s business and today that down the process. of the Whole may postpone until a time dur- business is the passage of the foreign Under this new rule, only the four ing further consideration in the Committee of the Whole a request for a recorded vote on operations appropriations bill. Reluc- amendments specified in the accom- any amendment made in order by this reso- tantly, I am here with a second rule, a panying rules report may be offered. lution. The chairman of the Committee of rule that will enable us to finish this These are amendments by Mr. ENGEL, the Whole may reduce to not less than five bill and continue the important work Ms. JACKSON-LEE, Mr. VOLKMER, and minutes the time for voting by electronic de- of considering appropriations bills. As Mr. SMITH of New Jersey. They are device on any postponed question that imme- we all know, we have many left to go batable for only 20 minutes each, diately follows another vote by electronic before the August recess. equally divided between an opponent device without intervening business, pro- As Members are aware, under the and proponent. Members will not be vided that the time for voting by electronic device on the first in any series of questions rules of the House, limitation amend- able to strike the last word and con- shall be not less than fifteen minutes. Imme- ments to appropriation bills are sub- tinue debating the merits of these diately after disposition of the amendments ject to the majority leader’s motion to amendments. No Member may offer printed in the report, the Committee shall rise. In fact, we could cut off all debate any other amendment, regardless of rise and report the bill to the House with here and now and proceed to final pas- how meritorious it may be. such amendments as may have been adopted. sage. But at this point we choose not to Mr. Speaker, this is no way to do The SPEAKER pro tempore (Mr. do that. But it is an important point, business. I have stated before that DICKEY). The gentleman from Florida so let me restate it. Under the rules, some bills may require a structured [Mr. Goss] is recognized for 1 hour. we could end the amending process rule, I have, in fact, supported struc- Mr. GOSS. Mr. Speaker, for purposes right now. But we are not going to do tured rules on foreign operations ap- of debate only, I yield the customary 30 that. Instead we have crafted a rule to propriations bills in the past. However, minutes to the distinguished gen- ensure that the four pending amend- if we are going to structure a rule, it July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6747 should be done from the beginning and basic education activities for millions national Affairs budget represents only in an upfront way. Changing the rules of poor children overseas was the sub- 1.3 percent of total Federal spending. It in the middle of the game is not fair to ject of meaningful debate and drew has already been cut by 40 percent Members who may have been legiti- support from both sides of the aisle. I since 1985. As this bill was reported to mately planning to draft amendments, regret that other Members may not the floor the fund for Africa absorbed a but are now precluded from doing so. have an equal opportunity to offer 21-percent cut, and another 40 percent Early on we were promised an open their ideas in amendment form. was squeezed out of development aid. rule on this bill and that promise I am also concerned that under this Funds in these areas go for self-help, should be kept. rule, Mr. FRANK will not be allowed to preventive programs which actually In my opinion, we have seen some offer his amendment to withhold funds save money down the road. This is a very good debate has taken place in to Indonesia. The Frank amendment story we need to tell the American peo- this body over amendments which addresses a very severe human rights ple. And to tell our story properly we sometimes went for 2 or even 3 hours. I issue of repression against the people should do it in a timely and delibera- think that is good. I think our con- of East Timor. This is a subject that tive manner. stituents want us to think about what should certainly be addressed in the we are doing with their money and to context of our country’s foreign aid ex- I do plan to vote ‘‘no’’ on this rule debate it fully before we act hastily. penditures. and I urge my colleagues to join me to My own children’s amendment to Finally, Mr. Speaker, as I indicated oppose it. transfer $108 million in funds to the during the debate on the American Mr. Speaker, I include for the new Child Survival Fund and to include Overseas Interests Act, the Inter- RECORD the following information. FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

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. 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 legislative 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 germaneness 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 amendments; 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. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a bal- 1D anced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as original 1D text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the committee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act against N/A. the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster substitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of Iowa . H. Res. 145 Open ...... N/A. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Facil- H. Res. 146 Open ...... N/A ity. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; 10 hr. N/A time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the committee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-executes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of order 36R; 18D; 2 against the bill, substitute and amendments printed in the report. Gives the Chairman en Bipartisan bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House ...... passed budget numbers as threshold for spending amounts pending passage of Budget. H 6748 CONGRESSIONAL RECORD — HOUSE July 11, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of order Bipartisan are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gilman N/A amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster amend- N/A ment as the first order of business; waives all points of order against the amendment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit the H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the Ap- N/A propriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four amend- ...... ments printed in the rules report (20 min each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. * Contract Bills, 67% restrictive; 33% open. ** All legislation, 64% restrictive; 36% 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 included 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 But we also had some intentionally going to agree to make a unanimous- my time. dilatory tactics that I have just men- consent request to lengthen that period Mr. GOSS. Mr. Speaker, I yield such tioned, including votes on frivolous of time, at the request of the ranking time as he may consume to the distin- motions and prolonged and repetitive minority member of the Committee on guished gentleman from New Glens debates that normally would not have Appropriations, the gentleman from Falls, NY [Mr. SOLOMON], chairman of happened. If the majority had put out a Wisconsin, Mr. OBEY. We are going to the Committee on Rules. structured rule, we would have allowed cooperate in every way that we can, in Mr. SOLOMON. Mr. Speaker, I thank 15 or 20 minutes on 30 minutes on most spite of these dilatory tactics, which the gentleman from Sanibel, FL for of those amendments, and that would are upsetting me. yielding time to me. have been satisfactory in years past. Mr. Speaker, we have also prevented Mr. Speaker, the gentleman who just But no, now the Democrats want to any intervening motions of the kind spoke on the other side of the aisle is drag it out for several hours on rel- that have continuously interrupted our one of my best friends in this Congress atively noncontroversial issues. work on this bill over the last month. because he is one of our most respected b We have allowed for the votes on the Members. But I just have to take some 1040 amendments to be postponed and to be exception to a couple of things he said. I do not think it can be said that clustered, which was done before under One of the things he said was that these tactics were in protest of a com- the Democrat leadership. this is no way to do business. Well, he pletely open rule, Mr. Speaker. Some In short, Mr. Speaker, this is an emi- is right. This is no way to do business. of it was in protest of the policy nature nently fair rule. It allows for more I would just ask those that are watch- of a perfectly legitimate limitation amendments to be considered than are ing and those in the gallery and those amendment that was offered on Haiti. required under a completely open rule. in the press to watch what happens Some of it was completely unrelated to We have made in order three times as when this rule comes to a vote. That is the foreign operations bill itself. many Democrat amendments as Repub- no way to do business, dilatory tactics. When we began the final stage of the licans’ in this second rule, all that The statement made by a very promi- amendment process dealing with limi- were requested and that had been nent Democrat late last week was that tation amendments, it was the right of preprinted in the RECORD. We have they would blow up this place on Mon- the majority leader to move that the even protected them against points of day. That is no way to do business. All committee rise and report at any time. order that would otherwise lie against of those dilatory tactic votes that we That is according to the rules of the some of them, which means they could had all last week interrupting the peo- House. Instead, we agree to allow for have been knocked out without any deple’s business, that is no way to do the further consideration of limitation bate on this floor. business. So I get a little agitated amendments, and debate went on under Mr. Speaker, the Committee on Rules when I hear statements like that. the regular rules of the House with no has tried to be as fair as possible under Let me just say, to underscore some end in sight. the circumstances. We have bent over of the things that my good friend from Therefore, what the Appropriations backward to allow for an open debate Sanibel, FL has mentioned, that I real- Committee and our leadership rec- in an amendment process on a bill that ly do regret things have to come to ommended was to go back to the Com- has never had an open rule before. Yet, this juncture. We did something this mittee on Rules and make in order the we have been met with demands for year that has not been done in 8 years four limitation amendments that were rollcall votes on the previous question when the Democrats were in control, pending when the Committee of the to the rule, which will appear again since 1987, and that is we put out a Whole last rose. We took them all, here today in a few minutes, and on the completely open rule on this foreign every amendment that was pending at adoption of a completely open rule. operations appropriation bill, a very that time and which was printed in the The minority has not been content controversial bill we put it out under RECORD. with open rules, it seems. Instead, it an open rule so that any Member could In order to allow for these extra has demanded endless debates on offer amendments to this important amendments, we also had to deal with amendments not in order under a regu- piece of legislation. the prospect of more dilatory tactics. lar open amendment process. I think that as a result of that, we Consequently, we have a rule now that Mr. Speaker, the time has come to did have some good debates on various limits these four amendments to 20 recognize that we had a full debate, a amendments, like the one by the gen- minutes each, a concession we made to fair debate, and an open amendment tleman from Ohio [Mr. HALL]. That was the minority after initially moving process on this bill. We must bring it a good amendment. We had a good sub- that each be debated for 10 minutes to a final vote, and the time to do it is stantial debate on it. We had some each. right now. We will ultimately be good interplay with second degree Now I understand, Mr. Speaker, that judged not only on how fair and open amendments along the way as well. the gentleman from Alabama, SONNY we have been in arriving at a final pas- And hopefully, the House was better CALLAHAN, who will be the manager on sage on this bill, but on how well we able to make more informed and wise this side of the aisle on this bill when have handled the responsibility that decisions. the rule brings this to the floor, is goes with that openness. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6749 Let us now act like responsible legis- Mr. VOLKMER. That amendment is Mr. VOLKMER. Mr. Speaker, even lators, the people expect us to do that, included in that CONGRESSIONAL though the Committee on Rules in and conclude this debate and take a RECORD. their generosity has made the amend- final vote. Members should not think Mr. SOLOMON. Mr. Speaker, I would ment that I had printed in the RECORD that the American people are not be glad to have the gentleman come in order, I still rise strongly in opposi- watching out there, Mr. Speaker. They over here and show it to me afterward. tion to this rule. I do so because it is see these silly shenanigans that are Mr. VOLKMER. If the gentleman will another case of not letting the House going on here, and they resent it as continue to yield, Mr. Speaker, he can act on amendments that are normally much as I do. read it very easily: ‘‘None of the funds in order but restricting amendments by Let us get on with the people’s busi- made available in this act may be used this rule. ness. Let us put these amendments on for assistance for Indonesia.’’ Mr. Speaker, I think, again, it is a the floor that were pending, all of Mr. SOLOMON. Mr. Speaker, I would case of here we go again. When the them, and let us bring them to vote. ask the gentleman, was that the day Congress initially started, the day Then let us go to final passage. we adjourned? after, we were sworn in on the 4th of Mr. VOLKMER. Mr. Speaker, will the Mr. VOLKMER. Yes. January, on the 5th the chairman of gentleman yield? Mr. SOLOMON. Mr. Speaker, it was the Committee on Rules stood in that Mr. SOLOMON. I yield to the distin- not preprinted in advance in the well, right at the podium on the Repub- guished gentleman from Missouri, the RECORD. That is why we took all of lican side, and talked about rules, and home of Harry Truman. those amendments that were what we were going to do in rules, and Mr. VOLKMER. Mr. Speaker, I thank preprinted in the RECORD. We went up- how long it took for a bill to get out of the gentleman for yielding to me. stairs and made them in order. The committee, reports to be filed, and Mr. Speaker, it has been brought to gentleman evidently dropped it in just rules had to be done, and then the bill my attention that at the time that the as we were closing that night, which could come to the floor. It was very Committee rose, before we took off for did not qualify it, in my opinion. elaborate, very good, a very good edu- the Fourth of July, that there was a Mr. VOLKMER. Mr. Speaker, if the cation. Too bad there were not very fifth amendment, not the fifth amend- gentleman will continue to yield. I do many here to listen. This gentleman ment. appreciate the gentleman making this was, as the gentleman from New York gentleman’s amendment in order. I Mr. SOLOMON. Mr. Speaker, who is knows. want to recognize that. taking the fifth amendment around However, at that time, Mr. Speaker, Mr. SOLOMON. Mr. Speaker, the gen- here? I and the gentlewoman from Colorado tleman is a very respected Member of inquired of the gentleman and lo and Mr. VOLKMER. Mr. Speaker, a fifth the House. The gentleman was diligent behold, the gentleman said that by the amendment was pending at the desk, at in filing his amendment several days time the year was over, we were going the Reading Clerk, that was not in- before. to have 70 percent of our rules that cluded and made in order by this rule. Mr. VOLKMER. Yes. were going to be open rules, open rules I would just like to, out of curiosity, If the gentleman will continue to on bills. Mr. Speaker, we are not even know why the amendment of the gen- yield, the other thing I would like to 40 percent now. Here we go again. This tleman from Massachusetts [Mr. ask of the gentleman, Mr. Speaker, is not an open rule on this bill. It was FRANK] was not included in this rule. just to perhaps, because the gentleman an open rule, but it no longer is. Do the Members have something has the power, or the gentleman from Mr. Speaker, the next time we see against the gentleman from Massachu- Florida, to do this. They can do this. this bill, I dare say the next time will setts, or what is it? They can offer an amendment to the be when we are getting ready for the Mr. SOLOMON. Absolutely not, Mr. rule, amending it. I notice that if it is train wreck, when we get all the appro- Speaker. As a matter of fact, we made time that the gentleman is worried priation bills, we get the reconciliation amendments in order by the gentleman about, that the gentleman from Ala- bill, we get the tax bill, we get the debt from Massachusetts many, many times bama [Mr. CALLAHAN], who is now here, limit bill, we get all of the farm bill, when they were germane and to the he is going to extend the time. and all of these things will be stacked point. That amendment was not pend- Mr. SOLOMON. The very distin- up in one big bill and sent to the Presi- ing. It had not been preprinted in the guished gentleman. dent by the majority. RECORD. Mr. VOLKMER. Right, the very dis- Mr. Speaker, when this occurs, every- Mr. VOLKMER. It was not tinguished gentleman. He is going to body is going to be able to see what we preprinted. give us 10 additional minutes on each on this side have been saying, and said Mr. SOLOMON. Mr. Speaker, the gen- amendment. That is a total of 40 more it again this morning. It was denied tleman asked me to answer his ques- minutes. again by the Gingrich Republican mation. Let me answer it and then he can Mr. SOLOMON. That is right. He is jority. That is that at that time, we respond, too. very cooperative. are going to see the cuts in Medicare Mr. Speaker, I have here in front of Mr. VOLKMER. If the gentleman will coming down the road. Where is the me something I cannot read. As a mat- yield further, what I was thinking of, money going? We are going to see it in ter of fact, I even had it magnified. Mr. Speaker, is rather than doing that, the tax bill. It is all going to be in one This is the amendment that somebody we can just take our minutes and add bill. We are going to see these big tax brought down to the desk just before that other amendment in, and there is breaks for the wealthy. We are going to we adjourned the other day. But I cannot any more time, and we can vote on see our senior citizens in my district, not even read the amendment. the question of Indonesia. where we have no HMO’s, we have no Second, the amendment was not in Mr. SOLOMON. Mr. Speaker, I would HMO’s, we are going to see them have order. It would have been subject to a just say to the gentleman, he really to pay by the year 2002, or supposedly point of order. Consequently, we took ought to speak to the gentleman from when this balanced budget is coming the three Democrat amendments and Wisconsin [Mr. OBEY]. The gentleman down the pike, that they are going to the one Republican amendment that from Wisconsin was the one requesting be paying over two to three times more had been preprinted in the RECORD, we the additional time. Perhaps the gen- for Medicare out of their meager Social made them in order, we waived points tleman could work that out over there. Security check, so the wealthy at the of order against them. Now they are I appreciate the gentleman’s point of same time are getting that $20,000 a going to be debated on this floor. That view. year tax break. That is the next time is fair, I will say to the gentleman. Mr. HALL of Ohio. Mr. Speaker, I Members are going to see this bill. Mr. VOLKMER. Mr. Speaker, if the yield 4 minutes to the gentleman from I daresay that I think we had better gentleman will continue to yield, did Missouri. [Mr. VOLKMER]. recognize that this bill, along with all the gentleman examine the RECORD of (Mr. VOLKMER asked and was given the other appropriation bills, and the June 30, 1995? permission to revise and extend his re- big spending bills, like the defense Mr. SOLOMON. No. marks.) spending bill, and at the same time the H 6750 CONGRESSIONAL RECORD — HOUSE July 11, 1995 reconciliation bill, which is the one (Mr. DREIER asked and was given ment to the people of East Timor for that cuts my farm programs, is going permission to revise and extend his re- some time. to cut my senior citizens programs, marks.) There are currently negotiations going to cut the school lunches for the Mr. DREIER. Mr. Speaker, I thank going on now between the Portuguese kids, it is going to do all of that, and at the distinguished chairman of the Sub- and Indonesian Governments in which the same time in that bill we are going committee on Legislative and the the Portuguese Government is trying to have a big tax break bill for the Budget Process, which I understand is to bring some help to these beleaguered wealthy. That is the next time we see at this moment taking testimony over people. Having us debate this and per- this bill. in the Rayburn Building, for yielding haps adopt an amendment could be Mr. Speaker, for that reason, I am me this time. very helpful. not only not going to vote for this rule, Mr. Speaker, I would like to say that As I understand it, Mr. Speaker, dur- I am not even going to vote for the bill, it saddens me that we have come to the ing the original debate, someone on the because I think this bill is a lousy bill. point where we have to have this rule. other side was going to offer an amend- I think that we ought to just send it We have tried desperately to enhance ment and decided not to. When I back to committee and get rid of it. the level of deliberation in this institu- learned that, I came to the floor and Mr. GOSS. Mr. Speaker, I am privi- tion. On January 24 when we put into offered one. I had one that was in fact leged to yield 2 minutes to the distin- place the opening day reforms, that offered and it was at the desk that first guished gentleman from Alabama [Mr. was one of the major guides we had, to night. We then adjourned. I later CALLAHAN], chairman of the sub- make this a deliberative body, and one learned earlier the next day, or later committee in the Committee on Appro- might claim that staying up around the next day, that there was a rule that priations. the clock, as we did the week before was coming and we had to submit, so I Mr. CALLAHAN. Mr. Speaker, I last, was part of the deliberative proc- hastily, it is true, wrote it and submit- thank the gentleman for his kind and ess. Nothing could be further from the ted it. However, in fact I had had an generous allotment of time. truth. We all know that the dilatory amendment at the desk the night be- Mr. Speaker, I rise in total support of tactics that came from some of our fore. I submitted one the next day the rule. I want to tell all the Members very, very, very distinguished col- when I was told, with very little notice on both sides of the aisle that through- leagues jeopardized the ability to delib- that it was required to do that. out the entire 27 hours of debate on erate over this very important piece of The question is this: Should we be al- this issue, I have tried diligently to legislation. lowed to debate Indonesia? When we work with both sides. I have tried to We desperately want to have every talked about Haiti there was great con- work and have worked with the gen- single rule open. Some have claimed cern for democracy on the other side. tleman from Texas [Mr. WILSON]. I that we have had many, many closed Indonesia now is engaging in East have tried and have worked with the rules. Sixty-two percent of the legisla- Timor in the worst repression I believe gentleman from Wisconsin [Mr. OBEY]. tion has come up under an open amend- that is going on in the world, a repres- I have assented to just about every re- ment process, as the chairman of the sion that is as bad as any going on in quest that they have made within my Committee on Rules has just said. We the world. However, Indonesia will be realm of possibility. want more and more open rules. We sheltered by the Republican Party Therefore, I am not going to support have done it so far. from an amendment which would put the four amendments that are offered, However, when people are standing in some pressure on them to stop the sys- but, in the spirit of working together the way of our responsibility to meet tematic denial of the rights of the peo- toward a resolution to this issue, we the appropriations deadlines, we have ple of East Timor. are going to give people the oppor- little choice other than to move ahead As I said, negotiations are now going tunity to debate them. I am going to with some sort of structure with the on trying to deal with that, but the Re- ask for unanimous consent to give rule. To me, as one who has worked publican Party is going to use its ma- them even more time. I think we have and continues to this day to work on jority to keep that from even being de- come as far as we can come on this bill, reform of the institution, I am very bated. having done that, Mr. Speaker, Mr. Speaker. sorry that we have to in fact move for- when they then talk about their con- I realize the dilatory tactics that are ward with this kind of structure to the cern for human rights and democracy taking place. I realize why they are rule. elsewhere, it will seem hollow indeed, doing it. However, at the same time I I hope that when we go ahead with because one of the worst cases, the In- think we have dilly-dallied long the remaining appropriations bills, Mr. donesian repression in East Timor, will enough on this bill. I think we ought to Speaker, that we will be able to work go unnoticed in this actual debate. go ahead and accept this rule today as in a bipartisan way to implement the I would repeat, there was an amend- it is written, so we can get on with the kind of legislation that the American ment that was to be offered. When that passage of this bill. people said last year they wanted us to was withdrawn, I hastily tried to make Mr. HALL of Ohio. Mr. Speaker, I proceed with, and that I believe with a up for it, and they are going to repress yield 2 minutes to the gentleman from majority of this institution wants us to this and protect the Indonesian autoc- Texas [Mr. WILSON] implement. racy. Mr. WILSON. Mr. Speaker, I would I thank the gentleman for yielding to Mr. GOSS. Mr. Speaker, I reserve the just like to say that the chairman of me, and I rise in support of this rule, balance of my time. the subcommittee, the gentleman from because we have no alternative, unfor- Mr. HALL of Ohio. Mr. Speaker, I Alabama, has certainly been as accom- tunately. I hope we will be able to fi- yield myself such time as I may modating as he possibly could. His nally bring a successful conclusion to consume. leadership has been exemplary, and I this very important piece of legisla- I have no further requests for time, think in a couple of cases when we tion. Mr. Speaker. I would simply like to say were going through the very difficult Mr. HALL of Ohio. Mr. Speaker, I to the chairman of the subcommittee, times the week before last in certain yield 2 minutes to the gentleman from the gentleman from Alabama [Mr. CAL- cases, it was only his cool tempera- Massachusetts [Mr. FRANK]. LAHAN], that I appreciate all the tur- ment that held things together. I Mr. FRANK of Massachusetts. Mr. moil and tribulation that he has had to would just like to make that note. Speaker, we see a continuation of the go through on this bill. This is a very Mr. GOSS. Mr. Speaker, I yield such pattern here that when amendments difficult bill, it always is, and he has time as he may consume to my col- are inconvenient, they are simply pre- been accommodating. He has been a league and the distinguished gen- vented from being offered. I gather gentleman, working with both sides of tleman from greater San Dimas, CA there was some reference to my hand- the aisle very, very well. I appreciate [Mr. DREIER], the chairman of the Sub- writing, which I will concede is not that. committee on Rules and Organization much better than my diction, but what We disagree on a portion of the bill, of the House of the Committee on happened was I have been interested in because it has been cut severely, in my Rules. the issue of Indonesia and its mistreat- opinion. Since 1985 there has been a 40- July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6751 percent cut. We are cutting it, of time for consideration of amendments Mr. Speaker, even I think our col- course, even much further this year. and would permit consideration of the leagues on the Committee on Rules on Frank amendment, prohibiting funds the other side have admitted that, al- b 1100 to Indonesia. though they feel maybe we are not I am going to support the bill. I am Mr. FRANK of Massachusetts. Mr. doing quite as well as we hoped we going to support the bill because of the Speaker, will the gentleman yield? would do. I think that is a subject of way the gentleman from Alabama [Mr. Mr. HALL of Ohio. I yield to the gen- some debate, but I do not think it is CALLAHAN] protected the children’s tleman from Massachusetts. debatable that we have not had more programs relative to immunization and Mr. FRANK of Massachusetts. Mr. open rules. I think we definitely have. relative to ORT, oral rehydration ther- Speaker, I have just been speaking to With regard to the opportunity for apy, and UNICEF and the kinds of pro- the gentleman from Wisconsin [Mr. more amendments here, I think there grams that really affect children. OBEY], the ranking Democrat on the are probably an endless array of I offered an amendment that was ac- Committee on Appropriations. The amendments that could come up under cepted. The gentleman from Alabama gentleman tells me that someone won- the foreign operations appropriation. I [Mr. CALLAHAN], of course, did not like dered where he was and the gentleman certainly had a couple of more Haiti it. We debated it, but I believe that it would like it reported that where he is amendments I was ready to bring out, really adds to the bill. is in the Committee on Appropriations. but I think probably everybody is re- I hope someday that maybe the gen- Because under the way this House is lieved that that has not happened, tleman from Alabama [Mr. CALLAHAN] now functioning, the Committee on Ap- since we have already spent 6 hours on and I can maybe travel to some of propriations is meeting and the gentle- Haiti and that is probably more than these Third World nations together and man’s presence is required there while enough. see some of these programs, some of the rule is being debated. With regard to East Timor, I had un- The gentleman would like to be here the immunization programs and some derstood that the gentleman from Mis- to object to this unfair rule, but he has of the basic education programs and souri [Mr. VOLKMER], the gentlewoman been tied down by the need to be at his how they really help children and fami- from New York [Mrs. LOWEY], and the committee; an example of how the lies develop. gentleman from Virginia [Mr. WOLF], House is not functioning very well I appreciate what the gentleman has had all discussed this amongst them- tried to do. He has had a very difficult these days. Mr. HALL of Ohio. Mr. Speaker, I in- selves and had discussed this somewhat task. I praise him certainly for the in the past and the fact that if there children’s portion of this bill. I realize sert in the RECORD the amendment that I would offer to the rule, as fol- was a casualty on East Timor on this it is a difficult bill. lows: matter, that it is truly a casualty of I have said before that I have favored the dilatory debate tactics. Because AMENDMENT TO H. RES. 177 structured rules and I have supported had it not been for the dilatory debate, them and handled them when we were On page 2, line 2 insert before the period ‘‘and the amendment described in Section 2 I suspect that would have happened. in the majority. But the other side said of this resolution’’ But for the record I must state that that this was going to be an open rule, ‘‘On page 2, line 5, strike ‘‘twenty’’ and in- the Committee on Rules met on the and I praised the process of an open sert ’‘thirty’’ 29th and filed the rule on the 29th. The rule, but now we are closing it down. After the period on page 2, line 24, insert rule was filed. So a day late and a dol- There are a couple of amendments the following: lar short, it seems to be the situation that wanted to be offered that cannot ‘‘Section 2. The amendment numbered 86 printed pursuant to clause 6 of rule XXIII with the gentleman from Massachu- be offered. The gentleman from Massa- shall be considered as the printed amend- setts [Mr. FRANK]. I am sorry that it chusetts [Mr. FRANK] was going to ment numbered 5 in the report accompany- happened. offer, in my opinion, a wonderful ing this resolution to be offered by Rep- I suggest that the gentleman from amendment. resentative Frank or his designee.’’ Massachusetts [Mr. FRANK] should talk I have been, with the gentleman from Mr. HALL of Ohio. Mr. Speaker, I to the leadership in the Democratic Massachusetts [Mr. FRANK], and even have no further requests for time, and Party and the minority party about before, a proponent of taking money I yield back the balance of my time. the use of dilatory tactics. away from Indonesia because of the Mr. GOSS. Mr. Speaker, I will be the The other point, and my good friend, whole situation with the island of East closing speaker and I just have a few the gentleman from Ohio [Mr. HALL], Timor, which used to be a Portuguese cleanup remarks I would like to make. with whom I serve very happily and colony and was taken over by Indo- Much of the commentary we have proudly on the Committee on Rules, nesia when the Portuguese left. Out of heard has been the subject of other de- has said that we began with an open 700,000 people that live on the island, bate and there is no point in hashing it rule, and I am sorry we did not stay 200,000 people have been killed, in my over at this point. with an open rule. I feel exactly the opinion by the Indonesian Government Mr. Speaker, I think we are about 80 same way. We did not begin with an and it is something that really ought minutes away from ending a debate understanding that we were going to to be debated. that has so far consumed 27 hours, have dilatory tactics on an entirely ex- People ask me why do we mess which I point out has been some 5 traneous matter. around with East Timor. Nobody hours more than the House spent de- I do not know what the problem real- knows about it. There is no constitu- bating Desert Storm back in 1991. That ly was. I do not know whether it was a ency in this country. It is because of was probably the most important vote question of Democratic unity or wheth- the Nation of who we are. And if we are that I have made since I have been a er it was a question of a Medicaid going to give taxpayers’ moneys to a Member of Congress and I am sure speech or whether it was a question of country that oppresses its people, then many other Members would feel that really the committee statistics, the I think we ought to take a second look way. standings of the committees and the at it and have a tremendous debate and Regarding some other points that Ways and Means issue. I do not know we were not able to really vote on this have been made about open rules and what the issue was, but it clearly was issue. so forth, I think it is fair to go back not related to the foreign operations I hope during this whole process, be- and we can put into the procedure, if appropriation. It was extraneous, it fore the possibility of the previous necessary, the amendment process was dilatory, and that is a matter of question being defeated, maybe we under the special rules by our Commit- record. could bring this up. Certainly I will at- tee on Rules, and comparing the 103d The fact that we have had a casualty tempt to do that, but maybe in the and 104th Congress. And yes, we argue here and had to close down I think is Senate. about definitions, I know. But accord- regrettable. I think that it is very Mr. Speaker, before I close, I would ing to, I think, a fair and reasonable clear where that came from and what urge a no vote on the previous question judgment, we have, indeed, had many the problem with it is. and if defeated, I would offer an amend- more open rules or modified open rules Having said all that, I think we have ment which would increase the debate in the 104th Congress. done our very best to make sure that H 6752 CONGRESSIONAL RECORD — HOUSE July 11, 1995 all the amendments we did know about Mr. GOSS. The people of East Timor voted against it and the 3 Democrats at the time that we filed were taken have been the victims for a long time. voted for it. So there was a discussion. care of, that were timely filed and that I agree it is a serious problem. I recog- It was not something that we did not we felt had been discussed one way or nize the gentleman represents people have a chance to really talk about. We the other. I think we have done a very from Portugal in his district. I under- discussed it and we voted on it. fair and reasonable job. stand his sensitivity. I also know that Mr. GOSS. Reclaiming my time, the Mr. FRANK of Massachusetts. Mr. other Members of this body have dealt gentleman is absolutely right, of Speaker, will the gentleman yield? with the East Timor situation and course. The concern we have is there Mr. GOSS. I yield to the gentleman reached the conclusion not to offer the were other Republicans who also said, from Massachusetts. amendment. ‘‘Look, we have got things we want to Mr. FRANK of Massachusetts. I Mr. VOLKMER. Mr. Speaker, will the put in there, too.’’ I just said that I had thank the gentleman for yielding. gentleman yield? another Haiti amendment. Mr. Speaker, first I want to say that Mr. GOSS. I yield to the gentleman The line was drawn and said, what we to say that you are sorry that the East from Missouri. have got is what is in; if we start open- Timor situation is a victim of dilatory Mr. VOLKMER. Mr. Speaker, the ing up, then you are going to find all tactics seems to me an example of the whole thing about not knowing of the kinds of little notes all over this place. kind of disproportion we can get into. amendment of the gentleman from People have said, ‘‘I had intended to do We are talking about repression. Hurt Massachusetts, I am a little fuzzy on that, had I only known.’’ You have to feelings between ourselves should not that. I just cannot figure this out. draw the line somewhere. I think we get in the way of our being able to deal The gentleman from New York drew it fairly. I think we tried to give with repression. stands up here and shows us a big sign fair treatment to the four that we have The amendment that I offered, I that has the amendment of the gen- provided for in here. came to the floor during the first pe- tleman from Massachusetts as it was Mr. Speaker, in closing I wanted to riod of debate, found to my disappoint- written, has now been enlarged into a point out that there are some alarming ment that people who I thought were sign. I assume that means that he had things going on. I read the distin- going to offer that amendment had not that at the time. guished minority whip, the gentleman offered it. I then offered it, I submitted Mr. GOSS. Reclaiming my time, the from Michigan [Mr. BONIOR], in the it. It had been in fact at the desk. This chairman did not have that big sign at New York Times as saying about these is not something that just happened the time. I think the only reason he dilatory tactics that ‘‘We’re going to the morning after. As soon as I found had it is it has become sort of a cause keep this up until we get justice.’’ I out that that was not being submitted, celebre. would say that you want to be careful I submitted it. The next day when I Mr. VOLKMER. The other thing I about justice. Sometimes when you was told there was a rule, I submitted would like to ask the gentleman about, pray for it, you get it. I think when you look at some of the it again. the gentleman mentioned on the sub- ways that we are trying to accommo- As far as dilatory tactics, you are ject of Indonesia that the gentlewoman date the minority, that we are doing only doing 20 minutes of amendments, from New York, the gentleman from better than in fact was the case when so we could hardly have been prolong- Missouri, and the gentleman from Vir- we were in the minority. It is some- ing it. I submitted it, you come out ginia had discussed it. Was the gen- thing we are all aware of. We are deter- with a rule that only does 20 minutes tleman when you are talking about mined to try to do better and be fairer. per amendment. I do not think another Missouri, were you talking about this If we are abused by dilatory tactics, 20 minutes to allow us to deal with the gentleman? obviously we are going to have to take horrible situation of repression in East Mr. GOSS. I was told that they had appropriate countermeasures because Timor would have been a problem. To coordinated with you. If that is not we have the Nation’s business to at- say to them, ‘‘Sorry, you don’t count true, then I am misinformed. In any tend to. I read this morning in Con- because we’re mad about dilatory tac- even the gentlewoman from New York gress Daily, I was unhappy to read it, a tics and we can’t spare you 20 min- [Mrs. LOWEY] and the gentleman from statement by the minority leader, the utes,’’ I think degrades the process. Virginia [Mr. WOLF] apparently did gentleman from Missouri [Mr. GEP- Mr. GOSS. Reclaiming my time, I have such an amendment. HARDT], that says, ‘‘We continue to be would assure the gentleman I do not Mr. VOLKMER. We had discussed it. deeply concerned about the Republican believe that was the situation. I believe I just wanted to make sure you were leadership’s attempt to stack the Ways the Committee on Rules dealt with talking about this gentleman and not and Means Committee.’’ what they felt they knew were amend- someone else from Missouri. But I also We disposed of that yesterday. I sup- ments that had been timely filed with had an amendment on Indonesia that I pose I should say I am astonished, us. We did not know what other amend- had planned to offer. I did not, as a re- shocked, dismayed, incredulous about ments might have been out there. If sult of a discussion that I had with the the minority leader’s statement, but I there had been other amendments that chairman of the subcommittee, but am not speechless about it. The fact is might have been on the same basis as that should not preclude any other that the Committee on Ways and yours at the time we met, what would Members if they wished to offer it. Means minority is getting better treat- we have done? Mr. GOSS. I agree. I think what hap- ment under this majority than the Mr. FRANK of Massachusetts. If the pened clearly was there was the other way around, on a percentage gentleman would yield further, I filed thought, the expectation, that others basis. it the night before. As soon as I was were going to offer the amendment, Mr. VOLKMER. Point of order, Mr. told that there was a requirement for and it did not happen and we got into Speaker. The gentleman is not speak- putting an amendment in, I scribbled it this dilatory process. ing on the rule. out and put it in. It was not written Mr. HALL of Ohio. Mr. Speaker, will Mr. GOSS. In fact I am speaking on well, but it was submitted to the com- the gentleman yield? the rule, Mr. Speaker, because what I mittee before the committee voted. It Mr. GOSS. I yield to the gentleman am talking about is the rule that we had been submitted the night before from Ohio. have had to put in place is exactly be- and it was submitted again before the Mr. HALL of Ohio. I thank my friend cause we have run into problems that committee voted. I cannot do any more the gentleman from Florida for yield- we did not anticipate and I am sorry than that. ing. that we have. I am saying that the Mr. GOSS. Reclaiming my time, I Mr. Speaker, I just want to close by Committee on Rules will be forced to think that the gentleman was in fact a saying that we did really have a discus- consider shutting down some of the victim of process which was derailed by sion on the Frank amendment. As a openness of debate that we strive for dilatory tactics. matter of fact, it was offered in com- and want to have to get the Nation’s Mr. FRANK of Massachusetts. It was mittee, we had a vote on it, the vote business done if we are subjected to the people of East Timor who were the was 6 to 3, I think it was the last vote meaningless, wasteful, dilatory tactics. victims. that we took, and all 6 Republicans That is just the fact. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6753 I urge the passage of this resolution. Saxton Souder Waldholtz ents and inadvertently missed the vote. Had I Mr. Speaker, I yield back the balance Scarborough Spence Walker been present, I would have voted ``yes.'' Schaefer Stearns Walsh of my time, and I move the previous Schiff Stockman Wamp Mr. VOLKMER. Mr. Speaker, I move question on the resolution. Seastrand Stump Weldon (FL) to reconsider the vote by which the The SPEAKER pro tempore (Mr. Sensenbrenner Talent Weldon (PA) previous question was ordered. Shadegg Tate DICKEY). The question is on ordering Weller Shaw Tauzin White MOTION TO TABLE OFFERED BY MR. GOSS the previous question. Shays Taylor (NC) Whitfield Mr. GOSS. Mr. Speaker, I move to Shuster Thomas The question was taken; and the Wicker Skeen Thornberry lay the motion to reconsider the vote Speaker pro tempore announced that Wolf Smith (MI) Tiahrt on the table. Young (AK) the ayes appeared to have it. Smith (NJ) Torkildsen The SPEAKER pro tempore (Mr. Mr. HALL of Ohio. Mr. Speaker, I ob- Smith (TX) Upton Young (FL) Zeliff DICKEY). The question is on the motion ject to the vote on the ground that a Smith (WA) Volkmer Solomon Vucanovich Zimmer offered by the gentleman from Florida quorum is not present and make the NAYS—162 [Mr. GOSS] to lay on the table the mo- point of order that a quorum is not tion to reconsider offered by the gen- present. Abercrombie Gonzalez Oberstar tleman from Missouri [Mr. VOLKMER]. The SPEAKER pro tempore. Evi- Ackerman Gordon Obey Baesler Green Olver The question was taken; and the dently a quorum is not present. Baldacci Gutierrez Ortiz Speaker pro tempore announced that Pursuant to clause 5(b)(1) of rule XV, Barcia Hall (OH) Orton the ayes appeared to have it. the minimum time for electronic vot- Barrett (WI) Hamilton Pallone Becerra Harman Pastor RECORDED VOTE ing on adoption of the resolution, if or- Beilenson Hefner Payne (VA) dered, will be reduced to 5 minutes. Bentsen Hinchey Pelosi Mr. VOLKMER. Mr. Speaker, I de- The Sergeant at Arms will notify ab- Berman Holden Peterson (FL) mand a recorded vote. Bevill Hoyer Pickett A recorded vote was ordered. sent Members. Bonior Jackson-Lee Pomeroy The vote was taken by electronic de- Borski Jacobs Poshard The SPEAKER pro tempore. This is a vice, and there were—yeas 236, nays Boucher Johnson (SD) Rahall 15-minute vote followed by a 5-minute 162, not voting 36, as follows: Brewster Johnston Reed vote. Browder Kanjorski Richardson [Roll No. 478] Brown (CA) Kaptur Rivers The vote was taken by electronic de- YEAS—236 Brown (OH) Kennedy (MA) Roemer vice, and there were—ayes 235, noes 167, Bryant (TX) Kennedy (RI) Roybal-Allard not voting 32, as follows: Allard Emerson Kolbe Cardin Kennelly Sabo Archer English LaHood Chapman Kildee Sanders [Roll No. 479] Armey Ensign Largent Clement Kleczka Sawyer AYES—235 Bachus Everett Latham Coleman Klink Schroeder Baker (CA) Ewing LaTourette Condit LaFalce Schumer Allard Dreier Kasich Baker (LA) Farr Laughlin Costello Lantos Serrano Archer Duncan Kelly Ballenger Fawell Lazio Coyne Levin Sisisky Armey Dunn Kim Barr Fields (TX) Leach Cramer Lewis (GA) Skaggs Bachus Ehlers King Barrett (NE) Flanagan Lewis (CA) Danner Lincoln Skelton Baker (CA) Ehrlich Kingston Bartlett Foley Lewis (KY) de la Garza Lipinski Slaughter Baker (LA) Emerson Klug Barton Forbes Lightfoot DeFazio Lofgren Spratt Ballenger English Knollenberg Bass Fowler Linder DeLauro Lowey Stark Barr Everett Kolbe Bateman Fox Livingston Dellums Luther Stenholm Barrett (NE) Ewing LaHood Bereuter Franks (CT) LoBiondo Deutsch Maloney Studds Bartlett Fawell Largent Bilbray Franks (NJ) Longley Dicks Manton Stupak Barton Fields (TX) Latham Bilirakis Frelinghuysen Lucas Dingell Markey Tanner Bass Flanagan LaTourette Bliley Frisa Manzullo Dixon Martinez Taylor (MS) Bateman Foley Laughlin Blute Funderburk Martini Doggett Mascara Tejeda Bereuter Forbes Lazio Boehlert Gallegly McCollum Dooley Matsui Thompson Bilbray Fowler Leach Boehner Ganske McCrery Doyle McCarthy Thornton Bilirakis Fox Lewis (CA) Bonilla Gekas McDade Durbin McDermott Thurman Bliley Franks (CT) Lewis (KY) Bono Gilchrest McHugh Edwards McHale Torres Blute Franks (NJ) Lightfoot Brownback Gillmor McInnis Engel McNulty Torricelli Boehlert Frelinghuysen Linder Bryant (TN) Gilman McIntosh Eshoo Meehan Traficant Boehner Frisa Livingston Bunn Goodlatte McKeon Evans Meek Velazquez Bonilla Funderburk LoBiondo Bunning Goodling Metcalf Fazio Menendez Vento Bono Gallegly Longley Burr Goss Meyers Fields (LA) Miller (CA) Visclosky Brownback Ganske Lucas Burton Graham Mica Filner Mineta Ward Bryant (TN) Gekas Manzullo Buyer Greenwood Miller (FL) Foglietta Minge Waters Bunn Gilchrest Martini Callahan Gunderson Molinari Frank (MA) Mink Waxman Bunning Gillmor McCollum Calvert Gutknecht Moorhead Furse Mollohan Williams Burr Gilman McCrery Camp Hall (TX) Morella Gejdenson Montgomery Wilson Burton Goodlatte McDade Canady Hancock Myers Gephardt Moran Wise Buyer Goss McHugh Castle Hansen Myrick Geren Murtha Woolsey Callahan Graham McInnis Chabot Hastert Nethercutt Gibbons Neal Wyden Calvert Greenwood McKeon Chambliss Hastings (WA) Neumann Camp Gunderson Metcalf Chenoweth Hayes Ney NOT VOTING—36 Canady Gutknecht Meyers Christensen Hayworth Norwood Andrews Frost Rangel Castle Hall (TX) Mica Chrysler Hefley Nussle Bishop Hastings (FL) Reynolds Chabot Hancock Miller (FL) Clinger Heineman Oxley Brown (FL) Hilliard Rose Chambliss Hansen Molinari Coble Herger Packard Clay Jefferson Rush Chenoweth Hastert Moorhead Coburn Hilleary Parker Clayton Johnson, E. B. Scott Christensen Hastings (WA) Morella Collins (GA) Hobson Paxon Clyburn McKinney Stokes Chrysler Hayes Myers Combest Hoekstra Petri Collins (IL) Mfume Towns Clinger Hayworth Myrick Cooley Hoke Pombo Collins (MI) Moakley Tucker Coble Hefley Nethercutt Cox Horn Porter Conyers Nadler Watt (NC) Coburn Heineman Neumann Crane Hostettler Portman Fattah Owens Watts (OK) Collins (GA) Herger Ney Crapo Houghton Pryce Flake Payne (NJ) Wynn Combest Hilleary Norwood Cremeans Hunter Quillen Ford Peterson (MN) Yates Cooley Hobson Nussle Cubin Hutchinson Quinn Cox Hoekstra Oxley Cunningham Hyde Radanovich b 1135 Crane Hoke Packard Davis Inglis Ramstad Crapo Horn Parker Deal Istook Regula Mr. SALMON and Mr. YOUNG of Cremeans Hostettler Paxon DeLay Johnson (CT) Riggs Alaska changed their vote from ‘‘nay’’ Cubin Houghton Petri Diaz-Balart Johnson, Sam Roberts to ‘‘yea.’’ Cunningham Hunter Pombo Dickey Jones Rogers Davis Hutchinson Porter Doolittle Kasich Rohrabacher So the previous question was ordered. Deal Hyde Portman Dornan Kelly Ros-Lehtinen The result of the vote was announced DeLay Inglis Pryce Dreier Kim Roth as above recorded. Diaz-Balart Istook Quillen Duncan King Roukema PERSONAL EXPLANATION Dickey Jacobs Quinn Dunn Kingston Royce Dingell Johnson (CT) Radanovich Ehlers Klug Salmon Mr. WATTS of Oklahoma. Mr. Speaker, on Doolittle Johnson, Sam Ramstad Ehrlich Knollenberg Sanford rollcall No. 478, I was meeting with constitu- Dornan Jones Regula H 6754 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Riggs Skeen Upton The SPEAKER pro tempore (Mr. Upton Watts (OK) Wicker Roberts Smith (MI) Vucanovich Vucanovich Weldon (FL) Wolf DICKEY). The question is on the resolu- Rogers Smith (NJ) Waldholtz Waldholtz Weldon (PA) Young (AK) Rohrabacher Smith (TX) Walker tion. Walker Weller Young (FL) Ros-Lehtinen Smith (WA) Walsh The question was taken; and the Walsh White Zeliff Roth Solomon Wamp Wamp Whitfield Zimmer Roukema Souder Speaker pro tempore announced that Watts (OK) the ayes appeared to have it. NOES—156 Royce Spence Weldon (FL) Salmon Stearns Weldon (PA) RECORDED VOTE Abercrombie Gonzalez Neal Sanford Stockman Weller Ackerman Gordon Oberstar Saxton Stump Mr. HALL of Ohio. Mr Speaker, I de- White Baesler Green Obey Scarborough Talent Baldacci Whitfield mand a recorded vote. Gutierrez Olver Schaefer Tate Barcia Hall (OH) Ortiz Wicker A recorded vote was ordered. Schiff Tauzin Barrett (WI) Hamilton Orton Wolf Seastrand Taylor (MS) The SPEAKER pro tempore. This Becerra Harman Pallone Sensenbrenner Taylor (NC) Young (AK) will be a 5-minute vote. Beilenson Hefner Pastor Young (FL) Shadegg Thomas The vote was taken by electronic de- Bentsen Hinchey Payne (VA) Shaw Thornberry Zeliff Berman Holden Pelosi Shays Tiahrt Zimmer vice, and there were—ayes 246, noes 156, Bevill Hoyer Peterson (FL) Shuster Torkildsen not voting 32, as follows: Bonior Jackson-Lee Peterson (MN) Borski Jacobs Pickett NOES—167 [Roll No. 480] Boucher Johnson (SD) Pomeroy Abercrombie Gonzalez Obey AYES—246 Brewster Johnston Poshard Brown (CA) Kanjorski Rahall Ackerman Gordon Olver Allard Fox McIntosh Brown (OH) Kaptur Reed Baesler Green Ortiz Archer Franks (CT) McKeon Bryant (TX) Kennedy (MA) Richardson Baldacci Gutierrez Orton Armey Franks (NJ) Metcalf Cardin Kennedy (RI) Rivers Barcia Hall (OH) Pallone Bachus Frelinghuysen Meyers Chapman Kennelly Rose Barrett (WI) Hamilton Pastor Baker (CA) Frisa Mica Clement Kildee Roybal-Allard Becerra Harman Payne (VA) Baker (LA) Funderburk Miller (FL) Coleman Kleczka Sabo Beilenson Hefner Pelosi Ballenger Gallegly Molinari Condit Klink Sanders Bentsen Hinchey Barr Ganske Montgomery Peterson (FL) Conyers LaFalce Sawyer Berman Holden Barrett (NE) Gekas Moorhead Peterson (MN) Costello Lantos Schroeder Bevill Hoyer Bartlett Geren Moran Pickett Coyne Levin Schumer Bonior Jackson-Lee Barton Gilchrest Morella Pomeroy Danner Lewis (GA) Skaggs Borski Johnson (SD) Bass Gillmor Myers Poshard de la Garza Lipinski Slaughter Boucher Johnston Bateman Gilman Myrick Rahall DeFazio Lofgren Spratt Brewster Kanjorski Bereuter Goodlatte Nethercutt Reed DeLauro Lowey Stark Browder Kaptur Bilbray Goodling Neumann Richardson Dellums Luther Studds Brown (CA) Kennedy (MA) Bilirakis Goss Ney Rivers Deutsch Maloney Stupak Brown (OH) Kennedy (RI) Bliley Graham Norwood Roemer Dicks Manton Tanner Bryant (TX) Kennelly Blute Greenwood Nussle Rose Dingell Markey Taylor (MS) Cardin Kildee Boehlert Gunderson Oxley Roybal-Allard Dixon Martinez Tejeda Chapman Kleczka Boehner Gutknecht Packard Sabo Doggett Mascara Thompson Clement Klink Bonilla Hall (TX) Parker Sanders Dooley Matsui Thornton Coleman LaFalce Bono Hancock Paxon Sawyer Doyle McCarthy Thurman Condit Lantos Brownback Hansen Petri Schroeder Durbin McDermott Torres Conyers Levin Bryant (TN) Hastert Pombo Schumer Edwards McHale Torricelli Costello Lewis (GA) Bunn Hastings (WA) Porter Serrano Eshoo McNulty Velazquez Coyne Lincoln Bunning Hayes Portman Sisisky Evans Meehan Vento Cramer Lipinski Burr Hayworth Pryce Skaggs Farr Meek Visclosky Danner Lofgren Burton Hefley Quillen Skelton Fazio Menendez Volkmer de la Garza Lowey Buyer Heineman Quinn Slaughter Fields (LA) Mfume Ward DeFazio Luther Callahan Herger Radanovich Spratt Filner Miller (CA) Waters DeLauro Maloney Calvert Hilleary Ramstad Stark Foglietta Mineta Waxman Dellums Manton Camp Hobson Regula Stenholm Ford Minge Williams Deutsch Markey Canady Hoekstra Riggs Studds Frank (MA) Mink Wilson Dicks Martinez Castle Hoke Roberts Stupak Furse Mollohan Wise Dixon Mascara Chabot Horn Roemer Gejdenson Murtha Woolsey Doggett Matsui Tanner Chambliss Hostettler Rogers Gibbons Nadler Wyden Dooley McCarthy Tejeda Chenoweth Houghton Rohrabacher Thompson Doyle McDermott Christensen Hunter Ros-Lehtinen NOT VOTING—32 Durbin McHale Thornton Chrysler Hutchinson Roth Edwards McNulty Thurman Clinger Hyde Roukema Andrews Frost Reynolds Engel Meehan Torres Coble Inglis Royce Bishop Gephardt Rush Ensign Meek Torricelli Coburn Istook Salmon Browder Hastings (FL) Scott Eshoo Menendez Traficant Collins (GA) Johnson (CT) Sanford Brown (FL) Hilliard Serrano Evans Mfume Velazquez Combest Johnson, Sam Saxton Clay Jefferson Stokes Farr Miller (CA) Vento Cooley Jones Scarborough Clayton Johnson, E. B. Towns Fazio Mineta Visclosky Cox Kasich Schaefer Clyburn McKinney Tucker Fields (LA) Minge Volkmer Cramer Kelly Schiff Collins (IL) Moakley Watt (NC) Collins (MI) Owens Filner Mink Ward Crane Kim Seastrand Wynn Fattah Payne (NJ) Foglietta Mollohan Waters Crapo King Sensenbrenner Yates Frank (MA) Montgomery Waxman Cremeans Kingston Shadegg Flake Rangel Furse Moran Williams Cubin Klug Shaw Gejdenson Murtha Wilson Cunningham Knollenberg Shays b 1203 Gephardt Nadler Wise Davis Kolbe Shuster So the resolution was agreed to. Geren Neal Woolsey Deal LaHood Sisisky Gibbons Oberstar Wyden DeLay Largent Skeen The result of the vote was announced Diaz-Balart Latham Skelton as above recorded. NOT VOTING—32 Dickey LaTourette Smith (MI) The SPEAKER pro tempore (Mr. Andrews Frost Rangel Doolittle Laughlin Smith (NJ) Dornan Lazio Smith (TX) DICKEY). Without objection, a motion Bishop Goodling Reynolds Dreier Leach Smith (WA) to reconsider is laid on the table. Brown (FL) Hastings (FL) Rush Duncan Lewis (CA) Solomon Clay Hilliard Scott Mr. VOLKMER. Mr. Speaker, I ob- Clayton Jefferson Dunn Lewis (KY) Souder Stokes Ehlers Lightfoot Spence ject. Clyburn Johnson, E. B. Towns Mr. SOLOMON. Mr. Speaker, I move Collins (IL) McIntosh Ehrlich Lincoln Stearns Tucker Emerson Linder Stenholm to reconsider the vote. Collins (MI) McKinney Watt (NC) Fattah Moakley Engel Livingston Stockman Wynn MOTION TO TABLE OFFERED BY MR. GOSS Flake Owens English LoBiondo Stump Yates Ford Payne (NJ) Ensign Longley Talent Mr. GOSS. Mr. Speaker, I offer a mo- Everett Lucas Tate tion. Ewing Manzullo Tauzin b 1154 Fawell Martini Taylor (NC) The SPEAKER pro tempore. The Fields (TX) McCollum Thomas Clerk will report the motion. So the motion to table was agreed to. Flanagan McCrery Thornberry The Clerk read as follows: Foley McDade Tiahrt The result of the vote was announced Forbes McHugh Torkildsen Mr. GOSS moves to lay the motion to reas above recorded. Fowler McInnis Traficant consider on the table. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6755 The SPEAKER pro tempore. The Tiahrt Wamp Wicker call votes 478, 479, 480, and 481 be shown Torkildsen Watts (OK) Wolf question is on the motion offered by in the RECORD at the appropriate Upton Weldon (FL) Young (AK) the gentleman from Florida [Mr. GOSS] Vucanovich Weldon (PA) Young (FL) places as ‘‘no.’’ to lay on the table the motion to re- Waldholtz Weller Zeliff I was unavoidably detained. consider. Walker White Zimmer f Walsh Whitfield The question was taken; and the Speaker pro tempore announced that NOES—153 PERMISSION TO EXTEND DEBATE the ayes appeared to have it. Abercrombie Gutierrez Obey TIME DURING FURTHER CONSID- Ackerman Hall (OH) Olver ERATION OF H.R. 1868, FOREIGN RECORDED VOTE Baesler Hamilton Ortiz OPERATIONS, EXPORT FINANC- Mr. VOLKMER. Mr. Speaker, I de- Baldacci Harman Orton Barcia Hefner Pallone ING, AND RELATED PROGRAMS mand a recorded vote. Barrett (WI) Hinchey Pastor APPROPRIATIONS ACT, 1996 A recorded vote was ordered. Becerra Holden Payne (VA) Beilenson Hoyer Pelosi Mr. CALLAHAN. Mr. Speaker, I ask The vote was taken by electronic de- Bentsen Jackson-Lee Peterson (FL) unanimous consent that during further vice, and there were—ayes 248, noes 153, Berman Johnson (SD) Pomeroy consideration of the bill, H.R. 1868, in not voting 33, as follows: Bevill Johnston Poshard the Committee of the Whole, pursuant Bonior Kanjorski Rahall [Roll No. 481] Borski Kaptur Reed to House Resolutions 170 and 177, each AYES—248 Browder Kennedy (MA) Richardson of the amendments printed in House Brown (CA) Kennedy (RI) Rivers Report 104–167 be debatable for 30 min- Allard Flanagan McCollum Brown (OH) Kennelly Roemer Archer Foley McCrery Bryant (TX) Kildee Rose utes rather than 20 minutes, equally di- Armey Forbes McDade Cardin Kleczka Roybal-Allard vided and controlled by the proponent Bachus Fowler McHugh Chapman Klink Sabo and an opponent. Baker (CA) Fox McInnis Clement LaFalce Sanders The SPEAKER pro tempore (Mr. Baker (LA) Franks (CT) McIntosh Coleman Lantos Sawyer Ballenger Franks (NJ) McKeon Collins (IL) Levin Schroeder DICKEY). Is there objection to the re- Barr Frelinghuysen Metcalf Costello Lewis (GA) Schumer quest of the gentleman from Alabama? Barrett (NE) Frisa Meyers Coyne Lipinski Serrano There was no objection. Bartlett Funderburk Mica de la Garza Lofgren Skaggs Barton Gallegly Miller (FL) DeFazio Lowey Slaughter f Bass Ganske Molinari DeLauro Luther Spratt Bateman Gekas Montgomery Dellums Maloney Stark GENERAL LEAVE Bereuter Geren Moorhead Deutsch Manton Studds Mr. CALLAHAN. Mr. Speaker, I ask Bilbray Gilchrest Myers Dicks Markey Stupak Bilirakis Gillmor Nethercutt Dingell Martinez Tanner unanimous consent that all Members Bliley Gilman Neumann Dixon Mascara Tejeda may have 5 legislative days in which to Blute Goodlatte Ney Doggett Matsui Thompson Boehlert Goodling Norwood revise and extend their remarks on Doyle McCarthy Thornton H.R. 1868, the bill about to be consid- Boehner Goss Nussle Durbin McDermott Thurman Bonilla Graham Oxley Edwards McHale Torres ered, and that I may include tabular Bono Greenwood Packard Eshoo McNulty Torricelli and extraneous material. Boucher Gunderson Parker Evans Meehan Traficant The SPEAKER pro tempore. Is there Brewster Gutknecht Paxon Farr Meek Velazquez Brownback Hall (TX) Peterson (MN) Fazio Menendez Vento objection to the request of the gen- Bryant (TN) Hancock Petri Fields (LA) Mfume Visclosky tleman from Alabama? Bunn Hansen Pickett Filner Miller (CA) Volkmer There was no objection. Bunning Hastert Pombo Foglietta Mineta Ward Burr Hastings (WA) Porter Ford Minge Waters f Burton Hayes Portman Frank (MA) Mink Waxman Buyer Hayworth Pryce Furse Mollohan Williams ANNOUNCEMENT BY THE SPEAKER Callahan Hefley Quillen Gejdenson Moran Wilson PRO TEMPORE Calvert Heineman Quinn Gibbons Murtha Wise Camp Herger Radanovich Gonzalez Nadler Woolsey The SPEAKER pro tempore. Pursu- Canady Hilleary Ramstad Gordon Neal Wyden ant to clause 5, rule I, the Chair will Castle Hobson Regula Green Oberstar Wynn now put the question on each motion Chabot Hoekstra Riggs Chambliss Hoke Rogers NOT VOTING—33 to suspend the rules on which further Chenoweth Horn Rohrabacher Andrews Frost Payne (NJ) proceedings were postponed on Mon- Christensen Hostettler Ros-Lehtinen Bishop Gephardt Rangel day, July 10, in the order in which that Chrysler Houghton Roth Brown (FL) Hastings (FL) Reynolds Clinger Hunter Roukema motion was entertained. Clay Hilliard Roberts Votes will be taken the following Coble Hutchinson Royce Clayton Jefferson Rush Coburn Hyde Salmon Clyburn Johnson, E. B. Scott order: H.R. 1642 denovo; H.R. 1643 Collins (GA) Inglis Sanford Collins (MI) McKinney Stokes denovo; H.R. 1141, denovo; and S.523, Combest Istook Saxton Conyers Moakley Towns denovo. Condit Jacobs Scarborough Danner Morella Tucker Cooley Johnson (CT) Schaefer Fattah Myrick Watt (NC) The Chair will reduce to 5 minutes Cox Johnson, Sam Schiff Flake Owens Yates the time for any electronic vote after Cramer Jones Seastrand the first vote in this series. Crane Kasich Sensenbrenner b 1222 Crapo Kelly Shadegg f Cremeans Kim Shaw So the motion to table was agreed to. Cubin King Shays The result of the vote was announced EXTENDING MOST-FAVORED-NA- Cunningham Kingston Shuster as above recorded. TION TREATMENT TO CAMBODIA Davis Klug Sisisky Deal Knollenberg Skeen f The SPEAKER pro tempore. The un- DeLay Kolbe Skelton finished business is the question of sus- Diaz-Balart LaHood Smith (MI) PERSONAL EXPLANATION Dickey Largent Smith (NJ) pending the rules and passing the bill, Dooley Latham Smith (TX) Ms. EDDIE BERNICE JOHNSON of Texas. H.R. 1642. Doolittle LaTourette Smith (WA) Mr. Speaker, during rollcall votes Nos. 478, The Clerk read the title of the bill. Dornan Laughlin Solomon 479, 480, and 481 on H.R. 1868, I was un- The SPEAKER pro tempore. The Dreier Lazio Souder avoidably detained. Had I been present I Duncan Leach Spence question is on the motion offered by Dunn Lewis (CA) Stearns would have voted ``no'' on all. I ask unanimous the gentleman from Illinois [Mr. Ehlers Lewis (KY) Stenholm consent that my statement appear in the CRANE] that the House suspend the Ehrlich Lightfoot Stockman RECORD immediately following rollcall vote No. rules and pass the bill, H.R. 1642. Emerson Lincoln Stump Engel Linder Talent 481. The question was taken; and (two- English Livingston Tate f thirds having voted in favor thereof), Ensign LoBiondo Tauzin the rules were suspended and the bill Everett Longley Taylor (MS) PERSONAL EXPLANATION was passed. Ewing Lucas Taylor (NC) Fawell Manzullo Thomas Mr. HASTINGS of Florida. Mr. A motion to reconsider was laid on Fields (TX) Martini Thornberry Speaker, I ask that my votes on roll- the table. H 6756 CONGRESSIONAL RECORD — HOUSE July 11, 1995 EXTENDING MOST-FAVORED-NA- House on the State of the Union for the (B) the creation of an international protec- TION TREATMENT TO BULGARIA further consideration of the bill (H.R. torate for Kosova; 1868) making appropriations for foreign (2) there is substantial improvement in the The SPEAKER pro tempore. The un- human rights situation in Kosova; finished business is the question of sus- operations, export financing, and relat- (3) international human rights observers pending the rules and passing the bill, ed programs for the fiscal year ending are allowed to return to Kosova; and H.R. 1643. September 30, 1996, and for other pur- (4) the elected government of Kosova is The Clerk read the title of the bill. poses, with Mr. HANSEN in the chair. permitted to meet and carry out its legiti- The SPEAKER pro tempore. The The Clerk read the title of the bill. mate mandate as elected representatives of the people of Kosova. question is on the motion offered by The CHAIRMAN. When the Commit- the gentleman from Illinois [Mr. tee of the Whole rose on the legislative The CHAIRMAN. Pursuant to the day of Wednesday, June 28, 1995, the CRANE] that the House suspend the order of the House of today, the gen- rules and pass the bill, H.R. 1643. bill was considered read through page tleman from New York [Mr. ENGEL] The question was taken; and (two- 78, line 9. and a Member opposed will each be rec- thirds having voted in favor thereof), Pursuant to House Resolution 177, ognized for 15 minutes. the rules were suspended and the bill further consideration of the bill for The Chair recognizes the gentleman was passed. amendment shall proceed without in- from New York [Mr. ENGEL]. A motion to reconsider was laid on tervening motion except the amend- Mr. ENGEL. Mr. Chairman, I yield the table. ments printed in House Report 104–167. myself such time as I may consume. Those amendments may be considered Mr. Chairman, for too long ethnic Al- f only in the order printed in the report, banian citizens of Kosova, who com- SIKES ACT IMPROVEMENT by a Member designated in the report, prise 90 percent of the province’s popu- AMENDMENTS OF 1995 are considered read, shall not be sub- lation, have been dominated and reject to amendment, and shall not be pressed by Serbia. Today I rise to offer The SPEAKER pro tempore. The un- subject to a demand for division of the an amendment which will demonstrate finished business is the question of sus- question. support for Kosova and serve America’s pending the rules and passing the bill, Pursuant to the order of the House of interests by helping prevent a regional H.R. 1141, as amended. today, each amendment shall be debat- spreading of the Balkan conflict. The Clerk read the title of the bill. able for 30 minutes, equally divided and The people of Kosova voted over- The SPEAKER pro tempore. The controlled by the proponent and an op- whelmingly for the independence of question is on the motion offered by ponent of the amendment. their state in September of 1990 and the gentleman from Alaska [Mr. The Chairman of the Committee of chose Ibraham Rigova, a professor of YOUNG] that the House suspend the the Whole may postpone until a time literature, who recently met with Sec- rules and pass the bill, H.R. 1141, as during further consideration in the retary of State Chirstopher, to be the amended. Committee of the Whole a request for a first President of the newly declared The question was taken; and (two- recorded vote on any amendment. republic. Serbia, however, has not seen thirds having voted in favor thereof), The Chairman of the Committee of fit to recognize these valid and legiti- the rules were suspended and the bill, the Whole may reduce to not less than mate acts of self-determination. Bel- as amended, was passed. 5 minutes the time for voting by elec- grade has prevented the new govern- A motion to reconsider was laid on tronic device on any postponed ques- ment from meeting in the capital of the table. tion that immediately follows another Pristina and strictly from meeting in f vote by electronic device without in- the capital of Pristina and strictly con- tervening business, provided that the COLORADO BASIN SALINITY trols the media and all speech. time for voting by electronic device on CONTROL ACT AMENDMENTS The human rights situation in the first in any series of questions shall Kosova is grave and worsened with the The SPEAKER pro tempore. The un- not be less than 15 minutes. July 1993 expulsion of international finished business is the question of sus- monitors according to Amnesty Inter- b 1230 pending the rules and passing the Sen- national and Human Rights Watch. ate bill, S. 523. It is now in order to consider amend- Ethnic Albanians are denied access to The Clerk read the title of the Senate ment No. 1 printed in House Report education, health care, and legal proc- bill. 104–167. ess solely on the basis of their eth- The SPEAKER pro tempore. The AMENDMENT OFFERED BY MR. ENGEL nicity. question is on the motion offered by Mr. ENGEL. Mr. Chairman, I offer an I might say, by the way, Mr. Chair- the gentleman from California [Mr. amendment. man, that with the events happening in DOOLITTLE] that the House suspend the The CHAIRMAN. The Clerk will des- Bosnia, we can say that those events rules and pass the Senate bill, S. 523. ignate the amendment. will look like a tea party compared to The question was taken; and (two- The text of the amendment is as fol- what might happen in Kosova if Bel- thirds having voted in favor thereof) lows: grade gets its way. the rules were suspended and the Sen- Amendment offered by Mr. ENGEL: Page 63, The security situation in Kosova is ate bill was passed. after line 4, insert the following new section: also very troubling. If Serbia escalates A motion to reconsider was laid on SEC. 540A. RESTRICTIONS ON THE TERMINATION its aggressive behavior in Kosova the the table. OF SANCTIONS AGAINST SERBIA AND MONTENEGRO. Balkan conflict may expand into Mac- f (a) RESTRICTIONS.—Notwithstanding any edonia, drawing in Albania, Bulgaria, other provision of law, no sanction, prohibi- Greece, and possibly Turkey. I support FOREIGN OPERATIONS, EXPORT tion, or requirement described in section 1511 statements by the U.S. Government FINANCING, AND RELATED PRO- of the National Defense Authorization Act threatening a stern American response GRAMS APPROPRIATIONS ACT, for Fiscal Year 1994 (Public Law 103–160), ‘‘in the event of conflict in Kosova 1996 with respect to Serbia or Montenegro, may caused by Serbian action.’’ The SPEAKER pro tempore. Pursu- cease to be effective, unless— In recent months, however, negotia- (1) the President first submits to the Con- ant to House Resolution 170 and rule gress a certification described in subsection tions with Serbia have progressed to XXIII, the Chair declares the House in (b); and the point where the international com- the Committee of the Whole House on (2) the requirements of section 1511 of that munity has offered to ease sanctions the State of the Union for the further Act are met. against Belgrade if it recognize Bosnia. consideration of the bill, H.R. 1868. (b) CERTIFICATION.—A certification de- While this policy may produce some scribed in this subsection is a certification positive results in Bosnia, it will turn b 1228 that— (1) there is substantial progress toward— over all leverage we have on Kosova. IN THE COMMITTEE OF THE WHOLE (A) the realization of a separate identity I fully agree with President Clinton Accordingly, the House resolved it- for Kosova and the right of the people of when, on January 4 of this year, he self into the Committee of the Whole Kosova to govern themselves; or wrote to the gentlewoman from New July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6757

York [Ms. MOLINARI] and myself and The CHAIRMAN. Is the gentleman The administration has also lobbied said, ‘‘There are a large number of is- from Alabama opposed to the amend- this Congress against lifting the arms sues, including Kosova, that must be ment? embargo and this Congress has voted addressed before Belgrade should be Mr. CALLAHAN. Yes, Mr. Chairman. overwhelmingly on a couple of occa- freed of U.N. sanctions.’’ The CHAIRMAN. The gentleman sions to lift the arms embargo. The amendment I offer today would from Alabama [Mr. CALLAHAN] will be I do not think that the administra- condition the lifting of sanctions recognized for 15 minutes. tion is proposing effective solutions at against Serbia upon improvement in Mr. CALLAHAN. Mr. Chairman, I all in this area and I think it behooves human rights in Kosova. Until yield myself such time as I may us in Congress to state very, very Milosevic, the leader of Serbia, gives consume. strongly that we will not stand for Kosova the right to self-determination, Mr. Chairman, I rise in opposition to human rights abuses in this part of the ends human rights violations, allows the amendment. I rise in opposition world. Perhaps if we had been showing international monitors to return, and more to the amendment than to the a little gumption over the past few permits the elected government of philosophy. years, the Serbs would not be acting If this Congress is going to Kosova to carry out its mandate as the way they are acting in the Bal- micromanage the executive branch of representatives of the people of kans. government with respect to foreign af- Kosova, we should not lift sanctions on Mr. Chairman, I yield 2 minutes to fairs, I think it is a tremendous mis- Belgrade. Considering the intensified the gentleman from Massachusetts take. The Constitution very clearly persecution of the ethnic Albanian ma- [Mr. OLVER]. gives the authority and the responsibil- Mr. OLVER. Mr. Chairman, I thank jority in Kosova, I strongly believe ity for foreign affairs to the adminis- the gentleman from New York for that sanctions should remain in place trative branch of government. Congress yielding me the time. until the situation in Kosova improves. has the right to provide or deny funds. Mr. Chairman, this is a mild and a bi- I urge Members to support this impor- It seems that every time a Member of tant amendment. Congress, and certainly this is no re- partisan amendment that I do support. I might say that the gentleman from flection upon the gentleman from New It provides a little bit of protection to New York [Mr. GILMAN], the chairman York, but every time a Member of Con- Kosova. If you wonder why is it that of the Committee on International Re- gress travels to some foreign nation, Kosova needs protection, what is the lations, is fully in support of this they come back with an adopted coun- risk for Kosova? All you need do is re- amendment. It has very deep biparti- try and they start trying to demand member Bosnia. Remember that Ser- san support. through legislation the direction that bia, the last communist dictatorship in Let me finally add, in view of the ac- they want the administration to work. Europe, will stop at nothing in pursuit tions of the Serbs in Bosnia today I think it grossly interferes with the of their goal of a greater Serbia. which led to U.N. and NATO air strikes ability of the administration to have Remember the ethnic cleansing and on them, is it any wonder that they an effective foreign policy. slaughter of whole families in Bosnia. continue to thumb their nose at the I am at a distinct disadvantage on Remember the elected Vice President world and continue to think they can Kosova. I have never been to Kosova. I of Bosnia dragged from a U.N. vehicle slide away from the international sanc- do not even know exactly where and summarily shot by the Serbs. Re- tions that have been imposed on them? Kosova is. I know it is somewhere over member U.N. resolutions for safe areas We must not let this happen. I urge my near Bosnia and I know it is some- unenforced by the U.N., ignored by the colleagues to support this amendment. where in the former Yugoslavia, but Serbs. Mr. HOYER. Mr. Chairman, will the nevertheless I am not familiar with it. As we speak here today, one of those gentleman yield? I do not deny that there are human safe areas, Srebrenica, is under attack. Mr. ENGEL. I yield to the gentleman rights abuses there. I do not deny that Remember the old man recovering in a from Maryland. we ought to be concerned about that, hospital bed from surgery in Sarajevo Mr. HOYER. I thank the gentleman but I am concerned about the fact that who was shot by a Serb sniper. Remem- for yielding. I appreciate him allowing we in Congress are beginning to be 435 ber the funeral processions that were me to intervene at this time. little Under Secretaries of State trav- bombarded; the school yard full of 10- Mr. Chairman, I rise in very strong eling all over the world and coming and 11-year-olds playing soccer, support of the gentleman’s amend- back and telling the administration bombarded by the Serbs. ment. I have been to Kosova and that you cannot do this, you should not Remember the women and children Pristina, the capital. I have talked to do that. standing in water lines because the the Serbian leadership in Kosova. They So I am sure that the gentleman water had been cut off to Sarajevo. Re- have no appreciation for human rights from New York [Mr. ENGEL] is very sin- member the bombardments of those and no appreciation of the individuals cere in his desire to improve human water lines. there who have a right to practice rights situations in Kosova and I re- When the U.N. accepts its humilia- their own religion, pursue their own spect that. And I certainly want tion in Bosnia at the orchestration of culture, use their language of choice, human rights protected all over the Milosevic, the last communist dictator and to enjoy the human rights which world. I want them protected here in in Europe, then it will be Kosova’s are guaranteed by the Helsinki final the United States of America. turn. Because the Serbs, under act. Mr. Chairman, I am opposed to it, be- Milosevic in Serbia, will stop at noth- I congratulate the gentleman from cause the administration has contacted ing to achieve Greater Serbia. New York for this amendment, which me this morning. The Assistant Sec- Mr. Chairman, the amendment that is critical. Frankly, the Milosevic re- retary of State told me that this we have before us will not make it easi- gime is a regime which has been as- amendment will seriously interfere er for Serbia to strangle Kosova, but it sessed to be a criminal regime by our with the ability of the administration is a start by making certain that those former Deputy Secretary of State, to have an effective solution to the sanctions are not lifted too early in the Larry Eagleburger. I think he was cor- problems in Bosnia. process. So I hope very much that this rect. I have to respect the administra- amendment will be adopted. Kosova is a specific example of where tion’s decision in opposing the amend- Mr. CALLAHAN. Mr. Chairman, I do the Milosevic government in Belgrade ment, while at the same time respect- not think we have any more speakers, tramples upon the rights that they are ing the gentleman’s concerns about because probably 90 percent of the Con- pledged to protect under the Helsinki human rights violations in Kosova. gress does not know where Kosova is. final act. We ought not to consider lift- Mr. Chairman, I reserve the balance But, nevertheless, I do stand by my ing sanctions. We ought not to consider of my time, but still in opposition to philosophy; that I think it is a very se- making the Milosevic regime’s life one the Engel amendment. rious mistake for this Congress, or any whit better without the human rights Mr. ENGEL. Mr. Chairman, I yield Congress, to interfere this way in the situation in Kosova very, very substan- myself 30 seconds to answer the gen- ability of the administration to have a tially improving. tleman from Alabama [Mr. CALLAHAN]. foreign policy. H 6758 CONGRESSIONAL RECORD — HOUSE July 11, 1995 I think that the President has se- undercut our efforts to build democratic in- witness after witness from the adminis- lected Warren Christopher to be the stitutions and promote good governance. tration tell us that they would not lift Secretary of State, and I do not think This amendment would undercut our efforts sanctions on the Belgrade regime until we need pseudo—Secretaries of State to build democratic institutions and promote the human rights situation in Kosova good governance. This amendment would trying to dictate policy. Although I also adversely affect our ability to use Inter- improved. still respect what the gentleman from national Military Education and Training Yet, we see a slipping back of those New York [Mr. ENGEL] is saying with (IMET) funds to train the Kenyan military, solemn promises made by Secretary of regard to his concerns for human an apolitical force that has not been impli- State Christopher and other adminis- rights, I still oppose the amendment. cated in human rights abuses. tration officials. So I think it is very, Mr. Chairman, I insert the following Finally, we oppose the amendment that very important at this point in time for the RECORD: would prohibit the availability of funds pro- that we stand up very, very strongly, vided in the bill for the salaries and expenses U.S. DEPARTMENT OF STATE, of personnel implementing the Migration as this Congress has on this bill in Washington DC, July 11, 1995. and Refugee Assistance Act (MRA). While many other places all around the Hon. SONNY CALLAHAN, the Department agrees that none of the world, and say that the United States Chairman, Subcommittee on Foreign Oper- funds appropriated for refugees should be is not going to stand for human rights ations, Committee on Appropriations, House spent on population activities, our budget re- violations. of Representatives. quest for FY 1996 proposed consolidating pro- DEAR MR. CHAIRMAN: As the House contin- gram funding and administrative costs into b 1245 ues its deliberations on H.R. 1868, the For- one account in an effort to simplify the man- eign Operations, Export Financing and Re- We have witnessed the tragedy in agement of the Bureau of Population, Ref- lated Programs Appropriations Bill for FY uges and Migration (PRM). An added benefit Bosnia. We have witnessed what hap- 1996, I wanted to provide you with the De- would be a reduction of Appropriations Com- pens when aggression goes unchecked. partment’s views on the four amendments mittee oversight responsibility to one rather We have witnessed what happens when that may be offered during floor consider- than two subcommittees. This amendment the world turns a blind eye. ation and seek your support in defeating would divide oversight responsibility and them. We do not want it to happen in would have the effect of cutting funding for While the Administration supports the Kosova. There are 2 million ethnic Al- the State Department’s already strained op- goals of the Kosovo amendment, we believe banians living in Kosova. They have erations by another $12 million, as PRM’s ad- its effects would be counterproductive to our ministrative expenses would be borne by the been denied the basic principles of free- efforts to achieve a regional peace settle- Department’s Salaries and Expenses ac- dom. They do not have schools. They ment in the former Yugoslavia, which offers count. cannot speak their own language. They the best hope for protecting the rights of Thank you for considering the views we cannot do what they need to do. Kosovar Albanians. It is already U.S. and Contact Group policy have outlined above. We look forward to con- People are summarily fired because that some sanctions on Belgrade should re- tinuing to work with you and your col- they are Albanian, and there are ele- main in place until the autonomy of Kosovo leagues to achieve the passage of a bill which ments in the Serbian regime that garners wide bipartisan support. is restored. However, making Kosovo the would like nothing more than to drive linchpin for any easing of the embargo would Sincerely, ENDY R. SHERMAN, a million or a million and a half ethnic seriously undermine the President’s ability W Assistant Secretary, Legislative Affairs. Albanians out of Kosova, out of the to negotiate a regional settlement in Bosnia. border into Albania or over the border Current diplomatic efforts, for example, cen- Mr. Chairman, I yield back the bal- ter on the possibility of limited sanctions ance of my time. into Macedonia and again making what suspension in exchange for key Serbian con- Mr. ENGEL. Mr. Chairman, may I in- happens in Bosnia look like a tea party cessions in recognizing Bosnia and improving quire how much time I have remain- by comparison. the border monitoring regime. ing? I urge my colleagues to stand up. At the same time, we are concerned that The CHAIRMAN. The gentleman Again, the chairman of the committee, this new provision could bar the democracy the gentleman from New York [Mr. promotion program in Serbia that many in from New York [Mr. ENGEL] has 8 min- Congress have been encouraging us to ex- utes remaining. GILMAN] is in full support of this pand. Programs such as recent U.S. efforts to Mr. ENGEL. Mr. Chairman, I yield amendment. This amendment mirrors establish a democracy commission in Serbia myself such time as I may consume. legislation that he has, the chairman provide an important counterweight to reac- Mr. Chairman, let me say most re- of the committee, the gentleman from tionary, anti-democratic forces that are respectfully to my friend, the gentleman New York [Mr. GILMAN], has submitted sponsible for so much of the current tragedy from Alabama [Mr. CALLAHAN], that this year; the gentlewoman from New in the former Yugoslavia. this bill which we have previously de- York [Ms. MOLINARI], my colleague, We object as to the amendment that would and I for many years have cosponsored cut off assistance to Ethiopia if the govern- bated all night long contains many ment there has not made progress on human statements in policy, which we in Con- such legislation; and other members of rights. In the last year, the Government of gress have seen fit to put in, involving the committee such as the gentleman Ethiopia took a number of steps to improve human rights violations all over the from New Jersey [Mr. SMITH] and the its human rights practices. Procedurally fair world. And, certainly, when we talk gentleman from California [Mr. elections were held. Several thousands per- about human rights violations all over ROHRABACHER] and the gentleman from sons detained without charge were released the world, Kosova ranks up there, un- Virginia [Mr. MORAN] have all sup- and the camps in which they were confined ported this. were closed. The concept of respect for the fortunately, with the best, or should I rule of law is gaining acceptance, and open say with the worst. Mr. Chairman, I yield such time as and procedurally fair trials have begun for On a trip to Kosova a couple of years she may consume to my colleague and defendants charged with committing crimes ago with my colleagues, the gentleman friend, the gentlewoman from New against humanity during the Mengistu re- from New York [Mr. KING], the gentle- York [Ms. MOLINARI]. gime. Terminating aid would undercut our woman from New York [Ms. MOLINARI], Ms. MOLINARI. I thank the gen- ability to encourage further human rights and the gentleman from New York [Mr. tleman for leading the charge here progress and would penalize ordinary Ethio- PAXON], we were all appalled at what today, and certainly historically, to- pians, who are among the world’s poorest ward the betterment of the quality of people. Of $153 million in U.S. aid provided in we saw. Truly, people under occupa- FY 1994, $120 million was food aid, which was tion. And it is certainly something I life and the sanctity of life and doing crucial in feeding approximately 2.5 million think that we cannot turn a blind eye all he possibly can to restore some Ethiopians. to, particularly when we are making semblance of sanity in the area called We also object to the amendment that statements throughout this bill on Kosova. A time when most people pre- would prohibit aid to the Government of human rights violations all over the fer to turn a blind eye, the gentleman Kenya because it denies its citizens the right world. from New York [Mr. ENGEL], has really to free and fair elections. While we share Mr. Chairman, I might also add that been a leader in human rights in that Congress’ concern about Kenya’s human rights record, much of our assistance is di- we have had extensive hearings on area of the country, and I am ex- rected to projects to improve Kenya’s human Kosova in the Committee on Inter- tremely grateful. rights performance, including its electoral national Relations, previously the For- Mr. Chairman, while the Balkan practices. Passage of this amendment would eign Affairs Committee. We have had spotlight is focused on Bosnia today, a July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6759 tragedy of immense proportions is hap- of the United States, but also the val- The amendment recognizes the peo- pening just 120 miles southeast of Sara- ues of the United States, and we are deple of Kosova are a captive nation. jevo in the Republica of Kosova. manding today by this resolution that These ethnic Albanians, who take The amendment which we offer today the Serbian regime recognize it is deal- great pride in their own history, lan- will address what is an urgent crisis. ing with people who have rights in guage, and culture, have been forced to Serbian police terrorism, directed at Kosova and that they refrain from the submit to a foreign rule, first by great the 92-percent Albanian majority in terrible violations and the repression power politics and then by a com- Kosova, has been skyrocketing. The that has been going on with these peo- munist tyranny. Prishtina-based Council for the De- ple. The amendment also recognizes the fense of Human Rights and Freedoms, If we do not send this message, the harsh conditions, and we have had reported last week that during June people there will pay a horrible price, hearings on the Helsinki Commission alone 918 Albanians in Kosova were and we are on the people’s side, not the on this, Mr. Chairman, and it is very, subjected to various forms of Serbian repressors’ side. very, very harsh, and they have been repression. Some 384 were arrested, 87 The CHAIRMAN. The gentleman imposed by the Serb state. had their homes raided, 379 were sub- from New York has 1 minute remain- It further recognizes that until basic jected to arms searches, 243 were beating. justice is done, Kosova will always be a en with 9 requiring medical treatment Mr. ENGEL. Mr. Chairman, would it place not only of oppression but also of after having been tortured, 62 were de- be possible to ask unanimous consent potential conflict. tained, 210 were summoned for police for an additional 1 minute? We have Finally, the Engel amendment recog- interrogation, all in 1 month. two colleagues here that would like to nizes the potential of the Kosova con- Complete abrogation of human, civil, speak. I would like to give them each 1 flict to affect relations among a large and national rights of the 2 million Al- minute. number of states, including not only banians in Kosova have been per- The CHAIRMAN. It would be impera- Serbia but also Albania, Macedonia, petrated by the Serbs since 1989. How tive that both sides have additional Bulgaria, Turkey. It is a good amendment. I hope the much longer can the Albanians live time. Mr. CALLAHAN. What was the gen- body will accept it. under the most brutal, diabolical form tleman’s request? Mr. GILMAN. Mr. Chairman, will the of marshal law? It started in Croatia, Mr. ENGEL. I would ask for an addi- gentleman yield? Mr. Chairman, it moved to Bosnia, and tional minute. We have two Members Mr. SMITH of New Jersey. I yield to unless this Congress and the United who would like to speak for 1 minute the gentleman from New York. States and maybe, pray God, someday each, and I only have 1 minute. (Mr. GILMAN asked and was given the United Nations rises up against Mr. CALLAHAN. I would like to re- permission to revise and extend his re- Serbian aggression in this area of the mind the gentleman we have already marks.) world, Kosova will be next, and we do extended debate time 10 minutes at Mr. GILMAN. Mr. Chairman, I just not know where it goes from there. your request, but we have got to move wanted to rise in support of the gentle- Today we have an opportunity to on with this. We have other bills. man’s amendment. I think it is long make a very important statement Mr. ENGEL. Would the gentleman be overdue that we take a strong stand against the communist Serbs that have able to yield an extra minute? We had and not lift the sanctions of Serbia terrorized so many innocents in that a vote in the Committee on Inter- until human rights in Kosova improve. area once called the former Yugo- national Relations. I support the amendment proposed by the slavia. It is happening also in Kosova. Mr. CALLAHAN. I have already gentleman from New York, [Mr. ENGEL], whom They have no friends, they have no one yielded back my time. I will not object I wish to commend for his initiative. This watching. Today we send a message to 1 additional minute, but we are not amendment essentially mirrors language con- that as Americans we care and we will going to continue this on. I promised tained in H.R. 1360 which I introduced earlier do all that we can in this democracy to the Committee on Rules if they would this year. Ordinarily, I would oppose such a make sure that some day they may live not object to my unanimous-consent measure being attached to an appropriations free also. request to extend your time limitation, bill, but I am convinced that the situation in Mr. Chairman, I urge reply col- that we would move through this expe- Kosova is an extraordinary case, and requires leagues to join me in supporting this ditiously, so I gave up all of my time, urgent action by this body in order to ensure important amendment which at the and now, I will not object to the 1 addi- that in the fast-breaking events of the Balkan very least will send a strong message tional minute. crisis we do not overlook the suffering of the to the Milosevic regime: Stop the siege The CHAIRMAN. Without objection, Kosovar population. of Kosova. both sides are given 1 additional Adoption of this amendment will help ame- I thank the gentleman again for lead- minute. liorate in an important way an apparent gap in ing this all important effort. There was no objection. United States policy concerning the conflict in Mr. ENGEL. Mr. Chairman, I yield 1 Mr. ENGEL. Mr. Chairman, I yield 1 the former Yugoslavia. It will require the ad- minute to the gentleman from Califor- minute to the gentleman from New ministration to be mindful of the deplorable sit- nia [Mr. ROHRABACHER]. Jersey [Mr. SMITH]. uation in Kosova whose people have had their Mr. ROHRABACHER. Mr. Chairman, Mr. CALLAHAN. Mr. Chairman, I political and cultural identity brutally stripped I would like to compliment my col- yield 1 minute to the gentleman from from them by Serbian overlords. The amend- league, the gentleman from New York New Jersey [Mr. SMITH]. ment establishes a specific set of conditions on the leadership he has provided on Mr. SMITH of New Jersey. Mr. Chair- aimed at restoring the political autonomy en- this issue, but also on human rights is- man, I rise in support of the amend- joyed by the people of Kosova prior to 1989. sues across the spectrum. ment offered by my friend and col- It requires the President to certify to Congress The fact is this is an issue that league on the Committee on Inter- that the conditions have been met prior to the should unite Republicans and Demo- national Relations, the gentleman relaxation by our Government of all the U.N. crats and does to the degree that Re- from New York [Mr. ENGEL]. economic sanctions imposed upon Serbia. publicans and Democrats in this body It would require the retention of Regrettably, it has become necessary to are aware of the human rights abuses sanctions currently imposed against consider this amendment at this time because that are going on in this world. Serbia until the Serbian Government the administration, while it has focused on the What we are saying today is that we implements specific improvements in debacle in Bosnia, forgets that the situation in recognize that the Serbian oppression the human rights situation in Kosova. Kosova needs to be redressed before a true in Kosova is unacceptable and that we The amendment implements the and just peace can be restored to the former see what is going on and that we will Kosova Peace, Democracy and Human Yugoslavia. That conflict springs from complex view further human rights violations of Rights Act of 1995, which was intro- roots and sources, but we should not forget these people as not only just a slap in duced by the gentleman from New that the current campaign of ethnic cleansing the face of the Congress but an attack York [Mr. GILMAN], cosponsored by the by Serbia began in Kosova. Until the people of on the basic values of the American gentleman from New York [Mr. ENGEL] Kosova are again able to exercise their politi- people. We represent, yes, the interests and myself, among others. cal, cultural and social rights, as they had H 6760 CONGRESSIONAL RECORD — HOUSE July 11, 1995 when Serbia recognized the autonomous sta- gates fiscal year 1996 funds for Ethiopia ap- This amendment is the best of all tus of Kosova prior to 1989, there can be no propriated in this act. worlds. It moves Ethiopia along toward lasting peace in the Balkans. The CHAIRMAN. Is there objection a path of self-sufficiency and a period Accordingly, I urge my colleagues to support to the request of the gentlewoman of fairness for all of its citizens. Ethio- this amendment, and send a strong signal that from Texas? pia has just completed a period of tran- the Congress has not forgotten Kosova and its There was no objection. sitional government and recently held long-suffering people. The CHAIRMAN. Pursuant to the elections. Though the elections were Mr. ENGEL. Mr. Chairman, I yield order of the House of today, the gentle- not elections without incident, they the balance of my time to the gen- woman from Texas [Ms. JACKSON-LEE], were elections nonetheless. tleman from Virginia [Mr. MORAN]. and a Member opposed will each be rec- Ethiopia is moving on the path, and Mr. MORAN. I thank my friend from ognized for 15 minutes. the right path, and I am proposing that New York and my friend from New Jer- The Chair recognizes the gentle- we help ensure Ethiopia’s continued sey. woman from Texas [Ms. JACKSON-LEE]. growth by encouraging a greater atten- I was recently in Kosova. It is an un- Ms. JACKSON-LEE. Mr. Chairman, I tion to human rights by this new and believable situation. There are 60,000 yield myself such time as I may fledgling government. paramilitary people, military officers, consume. Are we trying to dictate foreign pol- Let me first of all, Mr. Chairman, policemen, who are controlling 2 mil- icy? No, we are not. What we are sim- thank the gentleman from Alabama lion Albanian Kosovans. They are con- ply trying to do is to be a partner in [Mr. CALLAHAN] and the gentleman trolling them in the most brutal way this movement toward human rights from Texas [Mr. WILSON] for the very progress. Is it not the right and the possible, with constant murders, beat- cooperative spirit on the trend and di- ings, rapes, wholesale thefts of prop- role of those of us who would argue and rection of this amendment. speak for human rights in this nation erty. Let me also acknowledge the gen- In fact, when President Milosevic of to be able to join in with our friends, tleman from Georgia [Mr. KINGSTON] yes, our friends, and encourage their Serbia, who represents only 5 percent and the chairman of the Subcommittee of the population, forced the with- progress? on Africa for their cooperation and the Mr. GILMAN. Mr. Chairman, will the drawal of the CSCE human rights mon- spirit of support that they have given itors in July 1993, the incidents of beat- gentlewoman yield? the direction of this amendment. Ms. JACKSON-LEE. I yield to the ings, rapes, and murders has gone up by Likewise, I want to acknowledge the gentleman from New York. 85 percent. task force work that included Mr. (Mr. GILMAN asked and was given We went to the office that docu- PAYNE and Mr. HASTINGS and the gen- permission to revise and extend his re- mented all of these atrocious, inde- tleman from Georgia, Mr. KINGSTON, in marks.) scribable, brutal acts, and, you know, working with the country of Ethiopia. Mr. GILMAN. Mr. Chairman, I just the police had just been there, had For a moment let me share some want to rise to join with the gentle- beaten up the staff, had stolen all the background on this matter and on my woman from Texas to praise the modi- documentation. The lawyer who at- concern. Certainly, I pay great tribute fication of her amendment, and I think tempted to intervene to complain, he to a Congressperson who served in this that her proposal of monitoring what is was visited at his apartment and bludg- great body and, in fact, gave his life for going on in Ethiopia will be extremely eoned on the head for it. his concern abut humanitarian needs helpful, and I thank the gentlewoman This has to change. I support the in Ethiopia, and that is the Hon. Con- for working on this amendment so that amendment very strongly. gressman Mickey Leland, who served it has language we can all agree upon. The CHAIRMAN. All time has ex- the 18th Congressional District in Mr. Chairman, I join with the gentlewoman pired. Texas in the 1980’s. His concern was from Texas to praise the modification of her The question is on the amendment that of freedom and justice, and cer- amendment. offered by the gentleman from New tainly it was a concern for those who Ethiopia represents an enormous humani- York [Mr. ENGEL]. could not speak for themselves. And he tarian challenge. From 1984 to 1991, we spent The amendment was agreed to. repeatedly went back to the nation of over one billion dollars on disaster relief for The CHAIRMAN. It is now is order to Ethiopia to provide food for the chil- Ethiopia. Famines in 1984 and 1990 killed consider amendment No. 2, printed in dren, but at the same time he wanted thousands of Ethiopians. All of this occurred House Report 104–167. to extend to them his arm of help but while Ethiopia was ruled by one of the most AMENDMENT OFFERED BY MS. JACKSON-LEE also the understanding of the freedoms brutal communist dictatorships in the world. Ms. JACKSON-LEE. Mr. Chairman, I and democracy of this Nation. Today, Ethiopia faces a structural food defi- offer an amendment. Mr. Chairman, I rise to offer an cit. Millions of Ethiopians are dependent on The CHAIRMAN. The Clerk will des- amendment that strives to improve the the international communityÐparticularly the ignate the amendment. conditions in this poverty-stricken United StatesÐfor food and basic services. The text of the amendment is as fol- land. It is, yes, to applaud the progress Fortunately, the current government in Ethi- lows: that has been made, but it is to ac- opia is actively assisting us in these humani- Amendment offered by Ms. JACKSON-LEE: knowledge that we do have a moral tarian efforts. This is a vast improvement from Page 78, after line 6, insert the following new commitment in this Nation to be able previous regimes which actively opposed our section: to join in with our allies and our relief efforts and used starvation as a weapon SEC. 564. None of the funds appropriated in friends and to encourage them to move against its domestic opponents. Our assist- this Act may be made available to the Gov- toward human rights progress. ance program in Ethiopia must be seen in this ernment of Ethiopia if it is made known to Let me also applaud Assistant Sec- context. the State Department that during fiscal year retary of State for Africa, George 1996 the Ethiopian government has not made The Government of Ethiopia does not meas- progress on human rights. Moose, for he has worked vigorously ure up to our high standards of democracy, with Ethiopia, along with Ambassador MODIFICATION OF AMENDMENT OFFERED BY MS. human rights and economic reform. The larg- Hicks, and the emphasis that we had in JACKSON-LEE est ethnic groups in Ethiopia have not been Ms. JACKSON-LEE. Mr. Chairman, I discussing this amendment was to em- sufficiently included in the government, and ask unanimous consent that my phasize we wanted to have the country the ruling party often uses coercion to manipu- amendment be modified. of Ethiopia move forward, to improve late the political process. The CHAIRMAN. The Clerk will re- its stand greatly after the massive pe- The concerns must be addressed, but I be- port the modification. riods of starvation and civil war. lieve they are best addressed by a close rela- There is much more to be done, Mr. The Clerk read as follows: tionship between the Government of Ethiopia, Chairman, and my amendment pro- which has shown remarkable competence in Amendment, as modified, offered by Ms. poses to encourage the government of JACKSON-LEE: Page 78, after line 6, insert the other areas, and the United States, which pro- following new section: Ethiopia, throughout the State Depart- vides the bulk of humanitarian assistance. SEC. 564. The Department of State should ment, to continue its progress toward Mr. Chairman, I now support this amend- closely monitor and take into account human rights for the citizens of Ethio- ment and commend the gentlewoman for the human rights progress in Ethiopia as it obli- pia. modification of the amendment. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6761 Ms. JACKSON–LEE. I thank the gen- account human rights progress in Ethi- Department, with AID, and with the tleman so very much for your very opia. other factions, and I strongly support kind words. Let me also pay tribute to Mr. Chairman, that is what the Con- the bill. you for the hard effort that has been gress should do. We should give these Mr. Chairman, again I congratulate made towards human rights through- types of messages when we have a con- the gentlewoman on the fine work she out this entire world on behalf of those cern, but, at the same time, not dictate has done. who believe in those issues. policy, and recognize that the adminis- Mr. CALLAHAN. Mr. Chairman, I If I might finish and conclude, Mr. tration has to weigh all of the involve- yield back the balance of my time. Chairman, my remarks, I would hope, ments of all the nations in the world in Ms. JACKSON-LEE. Mr. Chairman, I as we move in friendship with Ethiopia, determining their policy. yield myself the balance of my time. affirming again the progress but look- So, I am not going to object to the The CHAIRMAN. The gentlewoman ing toward more progress, we will see amendment, Mr. Chairman, because from Texas is recognized for 1 minute. Ms. JACKSON-LEE. Mr. Chairman, I prospectively an integrated military, she has corrected it with her modifica- will not use all of that; simply I want we will see future elections that will tion. to conclude by thanking all of those come voluntarily, free and open, all po- Ms. JACKSON-LEE. Mr. Chairman, who have had the opportunity to work litical viewpoints will be heard, as we will the gentleman yield? on this bill and to thank the gentleman know they are moving toward, and, Mr. CALLAHAN. I yield to the gen- from Florida [Mr. JOHNSTON] and his yes, we would hope that political pris- tlewoman from Texas. work in the task force and to affirma- oners whatever their perspective, that Ms. JACKSON-LEE. Mr. Chairman, I tively firm up the position that we they will come out in freedom but as appreciate the gentleman’s yielding, take, and that is for human rights and well in support of an administration and I thank him so very much for both for the support of Ethiopia moving and and regime that supports human his cooperative spirit and the direction making progress in human rights. rights. that I think speaks well of this entire body. The CHAIRMAN. The question is on b 1300 Mr. Chairman, if the gentleman the amendment, as modified, offered As we move toward human rights, we would yield to me, I would appreciate from the gentlewoman from Texas [Ms. hope the trade unions will be recog- having the opportunity to yield to the JACKSON-LEE]. The amendment, as modified, was nized, and its members should not be gentleman from Florida [Mr. JOHN- agreed to. subjugated. We want the action com- STON] on this matter for 2 minutes. The CHAIRMAN. It is now in order to missions to be supported in their dis- Mr. CALLAHAN. Mr. Chairman, I consider amendment No. 3 printed in sent and also the journalists. yield such time as she may consume to House Report 104–67. Mr. Chairman, I do not propose to the gentlewoman from Texas [Ms. AMENDMENT OFFERED BY MR. VOLKMER bring about overnight change for the JACKSON-LEE] to do whatever she wants Mr. VOLKMER. Mr. Chairman, I offer people of Ethiopia. However, I wish to to do. an amendment. support the current process of democ- Mr. JOHNSTON of Florida. Mr. The CHAIRMAN. The Clerk will des- ratization in Ethiopia and empower its Chairman, will the gentlewoman yield? ignate the amendment. citizens through free speech, recogni- Ms. JACKSON-LEE. I yield to the The text of the amendment is as fol- tion of human rights, and the diver- gentleman from Florida. lows: sification of the military. I urge my Mr. JOHNSTON of Florida. Mr. Amendment offered by Mr. VOLKMER: At colleagues to join me in support of the Chairman, I do appreciate the gen- the end of the bill, add the following new sec- people of Ethiopia and the continued tleman and the gentlewoman yielding tion: growth of their nation. this time to me. SEC. . None of the funds appropriated in Let me also thank my esteemed col- Mr. Chairman, I have probably been this Act may be made available to the Gov- league, no longer with us, the honor- the most severe critic of Ethiopia and, ernment of Kenya already known to be a able Congressman Mickey Leland, for on the next one, Kenya, under human country which denies its citizens the right to his service to human rights and his rights. Last year I visited both coun- free and fair elections as identified in the Department of state Country Reports on commitment to human rights as his tries, spoke to President Moi at length Human Rights Practices. Provided, That this life exemplified through the time he of Kenya, spoke to President Meles at section may be waived if the President deter- served in Congress. length in Ethiopia. Also, I met with mines such waiver is in the United States Mr. CALLAHAN. Mr. Chairman, I President Meles here in Washington national interest. yield myself such time as I may last year and tried to go over the items The CHAIRMAN. Pursuant to the consume. that I am sure the gentlewoman from order of the House of today, the gen- Mr. Chairman, two of the three re- Texas [Ms. JACKSON-LEE] has already tleman from Missouri [Mr. VOLKMER] maining amendments, ironically, are enumerated. and a Member opposed will each be rec- amendments that impact a possible cut I will say this though in Ethiopia: ognized for 15 minutes. to aid in Ethiopia and to Kenya, two Everything being relative, if you check The Chair recognizes the gentleman nations in Africa. I find that rather what happened in the Mengistu regime from Missouri [Mr. VOLKMER]. amusing, but let me compliment the versus what has happened in the Meles Mr. VOLKMER. Mr. Chairman, I gentlewoman from Texas. regime, it is light years advancement doubt very much if we will take the I chastised this House a few minutes there. No. 2 is Ethiopia has helped tre- full 15 minutes on this side, but, as we ago about Members of Congress becom- mendously in our conflict in Sudan, look at the world in which we live, it is ing pseudo-Secretaries of State, and and has intervened there, and has we in this country who enjoy the lib- travelling all over the world, and com- shown that they would like to come erties of a democratic society, and ing back here and dictating policy to into the community of nations. under our Constitution, and we try to the administration. I explained my phi- There is a task force that has met provide that same type of freedom losophy about the lessons that civics with the opposing parties in Ethiopia, throughout the world for other peoples teaches us—that the executive branch in Washington here, in the early win- and re-review what is going on in other has the authority and the responsibil- ter, in which the State Department, parts of the world, in other countries, ity for foreign policy, apart from ap- and the Carter Center, and myself, and and we have some reservations about propriations. Congressman HASTINGS met with these the democratization process that is The gentlewoman’s amendment does parties for 3 days, and I think we are evolving in those countries, and at the not dictate to the administration. She about to arrive at a breakthrough same time we are asking our taxpayers has a legitimate concern that she has there in which human rights will be ob- to provide funds to those countries brought here, and she wants to make served better than it has been in the even though the people, many of them, certain that the administration hears past, and I look forward. I appreciate do not have the freedoms that we be- her message. In her amendment she the gentlewoman’s understanding here lieve that they should enjoy. states that the State Department in her ability to come to, I think, an One of the main reasons I say that I should closely monitor and take into excellent compromise with the State offer to develop this amendment on H 6762 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Kenya, and we can do it on Indonesia ities, but opposition candidates still polling station in a convoy of vehicles and several others countries in the won 63 percent of the vote. Diplomatic escorting the KANU Secretary General. world, is that early on in debate on this observers have viewed the 10 by-elec- I wonder what President Moi has to bill we had an amendment up concern- tions that have been held in 1994 as say about that following the announce- ing a very small Caribbean nation of generally more free and fair despite ment of October’s election results in Haiti, and, as a result of that, we had some minor irregularities, however the which two opposition candidates won a long discussion, about 6 hours, on the government continued to harass and parliamentary seats. Fights again democratization process that is ongo- intimidate the political opposition. erupted resulting in the death of at ing in this small nation, a few people, The President, Moi, exercises sweep- least six people. and it just started, and yet we can look ing powers over the local political Another round of by-elections were around the world, as I have done, and I structure as well as the National As- held in January 1995—were to be held find that we have a process, been ongo- sembly, and the KANU Party he heads following the high court’s decision in ing for a longer period of time, that is controlled 118 out of the 200 National November that nullified opposition ma- not near the part and the place where Assembly seats even though the oppo- jorities, victories, in two 1992 par- it is in Haiti, and yet no one on this sition got 63 percent of the vote. liamentary elections. committee, no one in this Congress, The President appoints both the pow- b 1315 not one person, has offered to say, erful provincial and district commis- ‘‘Hey, we should cut off aid unless such sioner, as well as a multitude of dis- It appears that in Kenya, if you do and such is done.’’ trict and village officials. At the dis- not win at the ballot box, then they So for that reason I decided that trict and village level these political control the supreme court and you will since, in my observation, we have se- parties are responsible for security as win there and get rid of the opposition vere human rights violations in Kenya, well as disbursement of Federal devel- that way. The court overturned the re- that I would offer the amendment that opment funds. At the national level a sult of one election because the opposi- would stop the development assistance constitution authorized the President tion winner had allegedly administered and the military aid to the country of to dissolve the legislature and pro- tribal oaths to supporters, although Kenya because of the violations that hibits assembly debate on issues under the decision was based on contradic- are occurring and continue to occur. consideration by the courts, and this tory testimony given by witch doctors. Even under the constitution of Kenya very interesting: Although there are no legal restric- one would think otherwise. This law, in conjunction with the tions on participation of women and They are, I will agree, in Kenya; they Speaker of the Assembly’s ruling that minorities in politics, the role of have some improvement in human the subject of the President’s conduct women in the political process, none- rights, but I think they have a long is inappropriate for parliamentary de- theless, remains circumscribed by tra- way to go. We still have serious human bate—reminds me a little bit of this ditional attitudes. In 1994 there were rights problems persisting there. The place—has severely limited the scope six female members of parliament, no government continues to intimidate of deliberation on many controversial female cabinet ministers, and one fe- and harass those opposed to the gov- political issues. male assistant minister. Within the po- ernment party, the Kenya Africa Na- Members of the Parliament are enti- litical opposition, women figure most tional Union known as KANU. These tled to introduce legislation, but in significantly in the Democratic Party, actions included violations of civil lib- practice it is the attorney general who where 25 percent of the party’s na- erties like freedom of speech, freedom does so. As the head of the KANU, the tional office holders are women. of press, assembly, and association in President also influences the legisla- Mr. CALLAHAN. Mr. Chairman, I an attempt to silence critics. Security tive agenda. He has also bolstered rise in opposition to the amendment. forces continue to arrest and tempo- KANU’s majority by acting on its con- The CHAIRMAN. The gentleman rarily detain opposition parliamentar- stitutional authority by appointing 12 from Alabama is recognized for 15 min- ians and journalists. They also har- members of Parliament. utes. assed voters in several by-elections and Three opposition parties, the Demo- Mr. CALLAHAN. Mr. Chairman, I have broken up lawful public gather- crat Party, the FORD–K, and the yield 2 minutes to the gentleman from ings. FORD–A, hold the majority of the op- Missouri [Mr. EMERSON]. The arrest of 15 opposition members position’s 82 seats. KANU used a vari- (Mr. EMERSON asked and was given of parliament after they brought relief ety of pressure tactics—and I would permission to revise and extend his re- supplies to a displaced persons camp; like for the gentleman to listen to this marks.) the government characterized the trip one—used a variety of pressure tactics Mr. EMERSON. Mr. Chairman, I as an unlicensed meeting in which they to entice opposition, Members of Par- thank the distinguished chairman of uttered words calculated to incite the liament, to defect to KANU, and by the subcommittee for yielding time to public against the President, President year’s end six opposition Members of me. Moi. Parliament had done so. As a result, Mr. Chairman, I rise to strongly urge As my colleagues know, the League there were 10 by-elections including my colleagues to vote against the of Women Voters attempted to hold a two forced by the death of two mem- Volkmer amendment. I want to address seminar in Kenya, and approximately bers of Parliament. the issue raised in this amendment by 100 armed police chased participants During the seven by-elections held in speaking primarily from experiences I from the place by beating them with June, last year, there were credible re- have personally gained through my in- clubs. Freedom of assembly is provided ports that government and KANU offi- volvement with our programs provid- in the constitution, but is seriously cials bribed voters, purchased voters’ ing basic humanitarian assistance. limited by the Public Order Act which cards, forcibly removed an election ob- This amendment is counter- prohibits unlicensed meetings of 10 or server from a polling station. There productive. In my judgment, it does more persons without an approval from was also violent incidents at public ral- not honor what has been a long-stand- the district commissioner, and the gov- lies prior to the June elections involving and supportive relationship be- ernment denied the right to assemble ing both opposition and KANU’s re- tween the governments of Kenya and by not granting the permits. porters. Street skirmishes between the United States. As my colleagues know, the Kenya supporters of contending parties also Speaking from personal experience, I citizens theoretically have a right to broke out on the day of two by-elec- recall having first met President Moi change their government through free tions in October. A U.S. Embassy ob- during a 1984 trip with the late Mickey and fair elections if they have free and server witnessed an assault in front of Leland to address the famine relief op- fair elections. But their ability to do so a polling station on a FORD–A can- erations in drought-stricken Ethiopia. is yet to be demonstrated fully. Their didate, who was later hospitalized. The Moi and his Government were entirely presidential and parliamentary elec- assailant, who struck the candidate to responsive to our requests that relief tion in 1992 were marked by violence, the ground with repeated blows as into Ethiopia be headquartered in intimidation, fraud, other irregular- armed police looked on, came to the Kenya. It was my experience then, as it July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6763 has been consistently since, that Presi- inism. Since gaining independence in 1962, Nevertheless, I am sympathetic to dent Moi and his Government, for over Kenya has held competitive elections six the concerns expressed by Mr. VOLK- a decade, have provided first-rate co- times, a record very few African countries can MER. The Government of Kenya’s re- operation in meeting the requests of match. spect for human rights is, at best, er- the humanitarian community, in in- In the recent 1992 general elections eight ratic. Lately, the use of ethnic clash- cluding ours, as it mounts emergency candidates competed for the presidency. es—encouraging violence between dif- relief operations within the Greater President Moi won because the opposition ferent ethnic groups—has been a sad Horn of Africa. was unable to unite behind one candidate and characteristic of the Moi regime. As many of my colleagues concerned was deeply divided along ethnic lines. These Under President Moi, the Government with humanitarian issues know, almost opposition parties are now actively engaged in of Kenya has repressed political activi- all national and multinational humani- Kenya's parliament. And, I contend that our ties, the freedom of speech and other tarian relief organizations working in aim should be to encourage these opposition basic civil rights. This is the inevitable the region have retained their head- parties in their reform efforts rather than at- result of a government that does not quarters in Nairobi for many years. tempting to punish the entire country through have the support of a majority of the Kenya consistently has welcomed the a distorted review of an election which is by population. humanitarian community and has af- now 3 years old. But we must also look at the positive forded it the necessary political envi- I say we should be supportive of such a side of Kenya. For all of its faults, the ronment as well as dependable commu- strategic ally as Kenya has consistently been Moi government held elections in 1992. nication and logistical capabilities to us. Rather than punish her unfairly by But for the division of the opposition needed to do its work. Our operations threatening to cut this modest amount of $18 into competing parties, there would be providing emergency food and basic million aid, I urge this body to properly evalu- a different government in Kenya today. medical care in Somalia and to the ref- ate our long-standing and significant relation- In addition, Kenya has made a number ugees of Rwanda have all been ship with Kenya. Far better that we do not of important and difficult economic re- headquartered in Nairobi. vote to diminish our valuable relationship with forms that we and other donor nations Many of you are aware of Operation Lifeline Kenya by inaccurately inflicting a punishment have encouraged. Sudan through which the United Nations has or threatening the embarrassment of requiring Our assistance program reflects both airlifted food relief into southern Sudan to the a presidential waiver. Rather, our vote should the good and the bad in Kenya. Permit victims of the decades-long Sudanese civil be to clearly support an even more active rela- me to remind the gentleman from Mis- war. Begun in 1989, this life-sustaining oper- tionship, promoting more direct involvement souri [Mr. VOLKMER] that in response ation could never have been possible, not to both politically and economically, between our to human rights abuses, we have reduced our assistance from $34 million mention sustained, if Kenya had not consist- two countries. ently granted permission to the U.N. to base I strongly urge my colleagues to vote in 1990 to $18 million next year. This its operations within Kenya at a place called against the Volkmer amendment. level of assistance allows us to remain Lokichokio, just inside its border with Sudan. Mr. CALLAHAN. Mr. Chairman, I engaged in Kenya and to help bring reformist elements to the fore. The border proximity of Lokichokio has made yield 2 minutes to the gentleman from Mr. Chairman, the United States has an airlift viable in terms of cost and flying con- Texas [Mr. WILSON], the ranking mem- had a strong bilateral relationship with ditions. With Kenya's unfaltering help, thou- ber of the subcommittee. Mr. WILSON. Mr. Chairman, I rise in Kenya for many years, including dur- sands of Sudanese lives have been saved. ing the cold war. We have cooperated Kenya has demonstrated its commitment to strong opposition to this amendment. with Kenya on a number of issues, from being a responsible member of the inter- Mr. Chairman, I would point out to military base rights to humanitarian national community in other ways as well. For all of my colleagues that the sub- relief efforts in the Horn of Africa. example, Kenya is the second largest contrib- committee has already cut assistance to Africa in general by 50 percent. That While Kenya’s human rights record has utor of peacekeeping troops in Africa, after deteriorated recently, I do not believe will, of course, affect Kenya. The gen- Ghana. Kenya peacekeeping troops continue that we should disengage from Kenya tleman’s amendment relates human to assume significant roles in Iraq and Bosnia. at this time. Kenya has strongly sup- We must give full measure to the fact that rights to the ability to receive funds in ported our Navy’s deployments to the Kenya has been a staunch supporter of the Kenya, and I submit that is a standard Persian Gulf and for that I must oppose United States. For over a decade, with no that could not be met by many other the Volkmer amendment. questions asked, Kenya has always agreed to countries in Africa, and, indeed, many Mr. CALLAHAN. Mr. Chairman, I United States military requests to use Kenyan countries around the world. yield 2 minutes to the gentleman from I would add to what the gentleman airports, roads, and port facilities. Specifically, Florida [Mr. JOHNSTON]. during the Persian Gulf war, Kenya provided from Missouri [Mr. EMERSON] said Mr. JOHNSON of Florida. Mr. Chair- important logistical support to the United about Kenya being an important stag- man, I thank the gentleman for yield- States military, and kept its critical facilities ing area for humanitarian relief into ing. opened to support our military operations, with other countries in Africa, and certainly Mr. Chairman, I want to compliment no questions asked. it has been an important staging area the gentleman from Alabama [Mr. CAL- This amendment aims to punish Kenya. Yet, for our operations in Somalia, as well LAHAN]. I went to him 2 weeks ago at to my mind, Kenya has been and continues to as other African countries. Mombasa is the conclusion, when we buttoned down be one of the most valuable United States al- a very important logistics center for then, and told him what an incredible lies in Africa. the United States. job I thought he and the ranking mem- I am particularly concerned about the poten- We should continue to work with ber were doing under a lot of strain tial consequences of the Volkmer amendment Kenya to improve its human rights here. The gentleman felt it ironic that because it comes at a time when we currently record, but certainly this is an ill-ad- two out of four amendments were cut- are renegotiating the access agreement. How vised amendment. We should not sever ting Africa. I felt it ironic that the irresponsible our Government would appear relations. We should certainly not have Committee on Rules authorized only should we pass the Volkmer amendment while the funding cut off at this time. four amendments, half of which cut in the same breath request Kenya to continue Mr. CALLAHAN. Mr. Chairman, I money from Africa. to allow our military their free access to its yield 2 minutes to the distinguished I have visited Kenya, talked to Moi. ports, airports, and roads which it has enjoyed gentleman from New York [Mr. GIL- The election in 1992 was not perfect, for more than a decade. It is incredibly irre- MAN], the chairman of the Committee but it at least gave them a chance to sponsible for such a proposal to even be put on International Relations. vote there. In Nairobi I had an oppor- under floor consideration. (Mr. GILMAN asked and was given tunity to meet all the factions in This amendment alleges that Kenya denies permission to revise and extend his re- southern Sudan which were killing its citizens the right to free and fair elections. marks.) each other down there. It was set out Yet, the facts show that Kenya is one of a Mr. GILMAN. Mr. Chairman, I join by the Kenyan Government there. handful of countries in Africa that kept a rel- with the gentleman from Alabama, I strongly oppose the amendment atively open political system in an era where Chairman CALLAHAN, in opposing this proposed here, for a lot a different rea- most countries opted for Marxism and Len- amendment. sons, but the government has started H 6764 CONGRESSIONAL RECORD — HOUSE July 11, 1995 auditing their banks and things of that that has not yet been implicated in any have not completely taken root there. nature. While I was there they closed human rights violations there.’’ And, yes, they have a long way to go down one of the newspapers. They al- So let me just say there is going to before they achieve a full-fledged free lowed me to approach and talk to the come a time in the future when we market economy. Yes, we must con- attorney general of that country and need Kenya once again, when we are tinue to work to improve the situation complain. faced with a situation like in Rwanda there. However, by adopting this The gentleman from Missouri, Mr. or Somalia, and we are going to have amendment, we will do serious damage EMERSON, and the ranking member, the to utilize the bases and help that to the important relationship between chairman of the committee, Mr. GIL- Kenya provides to the United States the United States and Kenya. MAN, mentioned the fact of what we did and to other areas that are just as con- In the past few years we have seen in Somalia through Kenya. I visited a cerned about human rights violations unsteady progress in human rights, but refugee camp in Mombasa, where there as the gentleman. in a telling sign, the press has re- were 50,000 Somalians, and they were Mr. Chairman, let me also say that mained sufficiently free, and that has principally there at the behest and at this money, most of this money, that is been a consistently critical voice of the consent of the Kenyan Govern- not earmarked but that would be ap- dissent against the government. ment. proved for Kenya, does not go to the Whereas in years past we have over- The Development Fund for Africa Government of Kenya. It goes toward looked Kenya’s human rights viola- does not spend that much money in the humanitarian needs of the people tions, as we did similarly with other this country, and there was already a of Kenya. countries in order to keep their sup- cut to $18 million from $34 million. Fi- So while I appreciate where the gen- port during the cold war, we no longer nally, I would like to point out that tleman is coming from with respect to tolerate these violations. only 6 percent of the money goes to the his concerns of human rights, this is In fact, our assistance program has government. The rest of it goes to not the issue. I certainly take a back built in performance-based budgeting NGO’s and PVO’s. And I strongly rec- seat to the gentleman with respect to systems, and aid to Kenya has actually ommend that we seriously consider our his knowledge of international affairs. decreased over the past several years. future in this country, the fact that it I know that he is well informed and Not only has development aid to Kenya has helped us in the adjoining coun- well read on that. I know of his per- dropped from $34 million in 1990 to $18 tries, and the fact they are making sonal concerns about Kenya. But I million today, but only 6 percent of some progress, though small I would would respectfully submit once again this aid now goes through government admit, but I think they are making that the gentleman go back to basic channels. some progress. To cut them off now I civics and understand that the people There is no doubt that Kenya still think would be counterproductive. of this country elected President Clin- has a long journey toward fulfilling Mr. Chairman, I strongly oppose the ton as President of these United democratic principles and we should amendment. States. continue to press for improvements in I did not vote for him, but he is my Mr. CALLAHAN. Mr. Chairman, I individual freedoms and human rights, President, and the Constitution tells to yield myself such time as I may but we must also keep in mind our the President, you select the Secretary consume. I also am opposed to the overall relationship and Kenya’s key of state that you think is the best per- amendment. role in the region as well as the loss of son to run all of our international af- influence which will occur if we elimi- Mr. Chairman, let me start off by fairs, all of our foreign policy. He senate all government-to-government saying that everyone in this Chamber lected Mr. Christopher, and I think Mr. aid. and everyone in this Congress, if not Christopher has done a tremendous job. b everyone in this country, is concerned I am a great admirer of his. 1330 about human rights violations So I did not vote for the President, I stand prepared to work with the throughout the world. Some come be- thus Mr. Christopher would not have gentleman from Missouri [Mr. VOLK- fore us and talk as if we are not con- been there if my candidate had won. MER] in pressing for future and further cerned about that when they offer But we have a responsibility to the reforms, but cutting off all aid to this these amendments. President because he is the President government would eradicate the re- Let me assure you that we are all of the United States, and the charge maining lever we have preserved just as concerned as the gentleman that the American people have given through a very small amount of aid, 6 from Missouri [Mr. VOLKMER] about the him includes an effective and humani- percent of our DFA funding which is possibility of any human right viola- tarian foreign policy. I think he is funneled through the government. tions anywhere. So this is not the doing the best he can do, and I think to I urge our colleague to consider with- issue. The issue is whether or not we hamstring him further will be a tre- drawing this amendment. And in the are going to tell Kenya that we dis- mendous mistake. absence of that, I urge its defeat. agree with what they have been doing So I would respectfully request that Mr. CALLAHAN. Mr. Chairman, I with respect to improving the position we vote against this amendment, that have no further requests for time, and of human rights violations. we adhere to the request of the Presi- I yield back the balance of my time. Mr. Chairman, let me say that the dent and we adhere to the request of Mr. VOLKMER. Mr. Chairman, I Department of State has contacted me the Secretary of State, and recognize yield myself such time as I may as late as this morning and they say to that we are also helping the people of consume. me, ‘‘We object to the amendment that Kenya. Mr. Chairman, I think that every- would prohibit aid to the Government Mr. Chairman, I yield 2 minutes to body should read the amendment be- of Kenya because it denies its citizens the gentleman from New York [Mr. cause the opponents talks like we are the right to free and fair elections. ACKERMAN]. cutting off all aid. The gentleman from While we share Congress’ concern Mr. ACKERMAN. Mr. Chairman, I Alabama, he is correct, I agree with about Kenya’s human rights record, thank the gentleman for yielding. him completely, that the President much of our assistance is directed to Mr. Chairman, I regrettably rise in should run the foreign policy. I think projects to improve Kenya’s human strong opposition to the amendment we should have some input into that, rights performance, including its elec- offered by my good friend and col- but basically it is up to the administra- toral practices. Passage of this amend- league, the gentleman from Missouri tion to do so. ment would undercut our efforts to [Mr. VOLKMER]. Simply put, this is an The amendment, the last phrase of build democratic institutions and pro- unhelpful amendment proffered at the the amendment says, ‘‘This section mote good government. This amend- wrong time. While I can understand the may be waived if the President deter- ment would also adversely affect our gentleman’s motivations, I certainly mines such a waiver is in the United ability to use international military cannot agree with the approach. States national interest.’’ educational training funds to train the Yes, Kenya’s human rights record is I do not see how you can make it Kenyan military as a political force blemished. Yes, democratic principles anymore easy for him to say, no, we July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6765 are not going to do this. That is all he will hand deliver to him, giving him Department to raid the refugee budget has to say. So it really does not really my concerns but principally the gentle- to pay its operating expenses. It al- cut off anything, as long as the Presi- man’s concerns. ready has $2.1 billion in the two largest dent says we need to do it. I think that Mr. VOLKMER. Mr. Chairman, I operating accounts alone. is probably what the President would thank the gentleman very much. I will Under current law, the PRM Bureau do. be glad to do it. gets its salaries and expenses from Basically what this amendment is at- Mr. Chairman, I ask unanimous con- these accounts just like every other tempting to do, and I think the gen- sent to withdraw the amendment. bureau in the State Department. The tleman from New York and maybe the The CHAIRMAN. Is there objection State Department operating accounts gentleman from Florida really caught to the request of the gentleman from have not taken the steep cuts that the it better than anybody else, I am just Missouri? operating budgets of USIA or AID and trying to tell President Moi, the people There was no objection. other agencies have taken. of Kenya, especially the Kanu party, The CHAIRMAN. It is now in order to Finally, the refugees really do need that, hey, let democratization take consider amendment No. 4 printed in the money more than the bureaucrats. place, that as we have shown in this House Report 104–167. Let me cite three examples. In the country, you do not have to have one AMENDMENT OFFERED BY MR. SMITH OF NEW current fiscal year at the height of the party rule for the rest of your life for JERSEY Rwanda refugee crisis, UNHCR found it a country to survive, for a country to Mr. SMITH of New Jersey. Mr. Chair- necessary to reduce food rations in the persevere. man, I offer an amendment. camps that were holding Rwandan ref- As long as the people of the country The CHAIRMAN. The Clerk will des- ugees. This was because the World work within the constitution that pro- ignate the amendment. Food Program had run out of food. The vides for a process in which you have a The text of the amendment is as fol- UNHCR said it had no money to pay for government continuation, as we have lows: the food program, in large part because in this country, they could have the Amendment offered by Mr. SMITH of New the State Department said there was same thing in Kenya and other places Jersey: Page 20, line 25, strike the semicolon not enough money in the refugee ac- in the world, that you do not have to and all that follows through ‘‘Code’’ on page 21, line 5. count to make a contribution for this use physical force and violence per- purpose. fected by the Government and con- Page 21, line 7, strike the final comma and all that follows through line 9 and insert the Surely an extra $12 million, perhaps trolled to stymie, to stifle opposition. following: even a smaller amount, would have That you should actually, for the good : Provided, That none of the funds appro- made it unnecessary to cut those ra- of the country, permit that opposition priated under this heading shall be available tions. to speak, to be able to gather, to be for salaries and expenses of personnel as- In Thailand, the State Department able to discuss, to be able to vote, to signed to the bureau charged with carrying decided to shut down an English-lan- elect whoever they want to elect. That out the Migration and Refugee Assistance guage school for the Hmong refugees in is up to them to decide. That is the Act. order to save money. This will make it voters’ choice and the voters should be The CHAIRMAN. Pursuant to the more difficult for these refugees to as- supreme in any nation as they are in order of the House of today, the gen- similate in the U.S., if they are reset- this Nation. That is basically what I tleman from New Jersey [Mr. SMITH] tled here. Shutting down the language am trying to send a message. will be recognized for 15 minutes, and a I know that the country of Kenya has Member opposed will be recognized for school may also have had the effect of done well, as far as facilitating the sup- 15 minutes. encouraging the Thai Government in plies that are necessary for humani- The Chair recognizes the gentleman its belief that the United States is not tarian relief in that part of Africa. I from New Jersey [Mr. SMITH]. serious about accepting those people. want to commend them on that. I want Mr. SMITH of New Jersey. Mr. Chair- Finally, in the refugee centers in to thank them for that. But I want to man, I yield myself such time as I may Croatia that hold victims of ethnic tell them also, hey, wake up. President consume. cleansing from Bosnia, the facilities Moi, you do not have to be president This amendment is designed to are inadequate and the screening proc- forever. You are not going to be for- achieve several simple but important ess is slow and it is erratic. Thousands ever. I will guarantee you, you will not goals. First, it erects a firewall to en- of people have been in these centers for be forever. Somebody else is going to sure that money in the refugee assist- years. The United States claims it can- be president. Why do you not make it ance budget will be used for protecting not find more than a handful of refu- so that when that transition does come refugees, not for general operating ex- gees who are eligible for resettlement. about that there is not the big breakup penses at the State Department, which Refugee advocates point out that if you within the country as we have seen in are adequately funded elsewhere. cannot find genuine refugees in Bosnia, other countries where one person tries Second, it avoids a back-door $12-mil- we will never be able to find them any- to be the strong man and control it all lion cut in the refugee assistance budg- where else in the world. Many of these himself. I think that you should be et. We were very proud, in the Sub- people can never go home. Their vil- able to say, hey, there is somebody else committee on International Operations lages have been destroyed. Their fami- in this country that can do this job, and Human Rights, to have been able lies have been massacred. We have been too. to hold a few programs level with last unable or unwilling to commit the re- Mr. JOHNSTON of Florida. Mr. year. One of those was child survival. sources to do the job right. Chairman, will the gentleman yield? And I am very pleased that the Sub- Mr. Chairman, we all know we can- Mr. VOLKMER. I yield to the gen- committee on Foreign Operations, Ex- not solve all of the world’s problems. tleman from Florida. porting Financing and Related Pro- There are over 40 million refugees and Mr. JOHNSTON of Florida. Mr. grams of the Committee on Appropria- displaced persons in the world. We can- Chairman, this is a friendly observa- tions has likewise looked to protect not accept more than a tiny number of tion, and I thank the gentleman for this important program. Another was them here in the United States, but we yielding to me. refugee assistance. It was not easy, and can at least keep our priorities right. In the previous amendment on Ethio- I think we all know in these times of In this case, those priorities are so pia, I made a commitment to the gen- deficit reduction, holding anything obvious that my amendment has been tlewoman from Texas [Ms. JACKSON- harmless is very, very hard. But it was endorsed by human rights organiza- LEE] that I hoped to be in Ethiopia and done. tions as diverse as the U.S. Committee in Kenya in 3 weeks and that I would Third, my amendment would avoid a for Refugees, the Lutheran Immigra- hand deliver a letter jointly by her and corresponding $12-million back-door in- tion and Refugee Services, the U.S. me to president Meles. I would make crease in the general operating budget Catholic Conference, the Council of the same commitment to the gen- for the State Department for which, Jewish Federations, the Christian Coa- tleman that he and I sit down and draft again, we have authorized adequate lition and the Family Research Coun- out a letter to President Moi, which I funds. There is no need for the State cil. H 6766 CONGRESSIONAL RECORD — HOUSE July 11, 1995 The refugee budget has already ab- I am afraid that what the gentleman migration and refugee program, we sorbed real cuts this year, Mr. Chair- is doing is possibly just the opposite of ought to leave the funding right where man, both from inflation and from the what he intends to be doing with re- it is, in the program account, under the dramatic decrease in the value of the spect to the refugee funding program. jurisdiction of the subcommittee whose dollar against European currencies. The State Department may not be able bill is before us today. Otherwise, there The money they are spending this year to fund any of the $12 million because may be a well-funded program but no- will buy 15 percent to 20 percent less the State Department will not have the body to run it. overseas, less protection, less food, less money or the authorization to admin- So I support the chairman of the For- water, fewer sanitary facilities than ister the program. eign Operations Subcommittee, the the same amount that we spent last I know where the gentleman is com- gentleman from Alabama [Mr. CAL- year. ing from. I know what the gentleman LAHAN]. I commend him for looking out We could not afford to raise the refu- wants to do. But I am afraid also when as well as he has for the refugee pro- gee budget not even to keep our own we get into this jurisdictional problem grams, and I would hope that we would spending power even with last year. My through floor amendments, it is going reject this amendment. amendment, let me remind everyone, to cause problems in the future. I know Mr. CALLAHAN. Mr. Chairman, I does not add a penny to the budget. It that the gentleman from Kentucky yield 2 minutes to the gentleman from simply prohibits a back door transfer [Mr. ROGERS] has some concerns about Wisconsin [Mr. OBEY], the ranking that would fund $12 million of spending that. He is going to speak to it in just member of the full committee. here in Washington, DC. a few minutes. b I hope Members will vote ‘‘yes’’ on So while we all would like to do what 1345 this pro-refugee, pro-fiscal responsibil- the gentleman from new Jersey wants Mr. OBEY. Mr. Chairman, I thank ity amendment. to do, transferring the responsibility of the gentleman for yielding time to me. Mr. Chairman, I include for the administering the refugee program to I would like to follow up and express RECORD the following letter: another appropriations subcommittee my agreement with the comments just U.S. COMMITTEE FOR REFUGEES, is not the right thing to do. made by the gentleman from Ken- Washington, DC, June 21, 1995. Mr. Chairman, I yield 5 minutes to tucky. Let me simply say, Mr. Chair- Hon. CHRIS SMITH, the gentleman from Kentucky [Mr. man, that I think everyone on this Chairman, House International Relations Sub- ROGERS]. floor is concerned about decent treat- committee on Foreign Operations, House of Mr. ROGERS. Mr. Chairman, I thank ment of refugees. Certainly everyone in Representatives, Washington, DC. DEAR MR. SMITH: This letter is to inform the gentleman for yielding time to me. the subcommittee has demonstrated you and your colleagues of our strong sup- I share the gentleman’s sentiments. I that over a lifetime. port for your proposed floor amendment that know that we both agree with the gen- However, I do want to suggest that would prohibit using the Migration and Ref- tleman from New Jersey [Mr. SMITH], there is a certain aspect to this amend- ugee Assistance (MRA) account to pay for the sponsor of the amendment, emo- ment that bothers me, because what it the State Department’s general salaries and tionally, in that we want to provide as in essence is saying is, ‘‘Look, let us administrative expenses. much aid as we can. However, I think take in every possible refugee.’’ But The Foreign Operations Appropriations bill, H.R. 1868, would, as currently written, this amendment is counterproductive when it comes to actually paying for use $12 million of MRA funds to pay for sala- in that we have already cut the State the administration of those programs, ries and expenses. This would be a damaging Department personnel account furi- they expect somebody else to perform a change from current law and would effec- ously. As a matter of fact, the adminis- magic loaves and fishes miracle in tively result in a $12 million reduction in di- tration’s request would have required a order to produce the resources to run rect assistance to refugees. Your amendment reduction of 350 people from the State those programs in an efficient way. In would wisely retain current law, which al- Department’s personnel accounts and the real world, things do not work like lows all MRA expenditures to go toward pro- the closing of 21 posts around the that. grams, and pays for salaries and expenses by It just seems to me that whether we drawing from the Diplomatic and Consular world. That was before we got hold of Programs account. it. are asking the State Department to Your amendment would prevent a back- Our markup of the State Department perform miracles with no resources, or door cut in U.S. assistance to the world’s 16.2 accounts reduced the President’s re- whether in fact we are asking local million refugees. H.R. 1868 should be amend- quest another $40 million. And we are communities who we have largely ed. We wholeheartedly endorse your amend- looking at double the proposed reduc- abandoned to take refugees without ment and urge other Members to give it bi- tions. So if you want to administer this having the Federal Government meet partisan support on the House floor. its fair share of the cost for retraining Sincerely, refugee and migration account, it ROGER P. WINTER, ought to be done internally, because we and educating and resettling those ref- Director. just do not have the resources in the ugees so that the full burden does not Mr. Chairman, I reserve the balance State Department to manage that kind fall on local taxpayers, we have the of my time. of an operation. Neither do we have the same sort of unreality here. Mr. CALLAHAN. Mr. Chairman, I authorization. Therefore, Mr. Chairman, I under- rise in opposition to the amendment. So I would hope that the gentleman stand that the gentleman is going to The CHAIRMAN. The gentleman would reconsider his amendment be- accept the amendment. I understand from Alabama [Mr. CALLAHAN] is recog- cause, if it is successful, the only other why. However, that does not mean that nized for 15 minutes. place that the salaries and expenses to this amendment does not have signifi- Mr. CALLAHAN. Mr. Chairman, I run this program could come from cant problems, both in equity and in yield myself such time as I may would be out of the State Department practicality. I would say we are going consume. regular accounts; and we have already to have to do a lot of work in con- Mr. Chairman, again, while I know slashed them unmercifully and perhaps ference to fix it up, because frankly, in what the gentleman from New Jersey there is even more to come. its present form, I simply do not agree wants to do, he wants to provide more The amendment would transfer the with it. money for the refugee assistance pro- costs of 90 employees from where they Mr. CALLAHAN. Mr. Chairman, I gram, and we all do. are now to the State Department to an yield 1 minute to the gentlewoman However, what he is saying in his account that is already requiring re- from California [Ms. PELOSI]. amendment is that we do not want to ductions of five times that number of Ms. PELOSI. Mr. Chairman, I thank provide out of the allocation of this ap- people. The money is not there. It was the gentleman for yielding time to me. propriation bill any money to the pro- not requested there. It was not appro- Now that the chairman has resolved gram. Instead, he wants to transfer the priated there. And there is no room the issue of the Smith amendment, I administrative cost over to the State there for anything more. thought I would take a moment to Department’s jurisdiction, under the So I would say to the gentleman from once again commend him for his lead- funding jurisdiction of the gentleman New Jersey, that if we want to ensure ership in bringing this bill to the floor, from Kentucky [Mr. ROGERS]. that there are enough people to run the working with our ranking member, the July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6767 gentleman from Texas [Mr. WILSON]. It ing to help the people that we are say- Since its inception, United States develop- was, indeed, very encouraging to hear ing in the bill that we are going to try ment aid to Africa has been a foreign policy in the course of the debate on this bill, to do. The refugee assistance account success story. The DFA, funded at less than which was a long debate, an overnight needs the $12 million that would be cut one-tenth of 1 percent of the U.S. budget, has debate on the strong commitment to so we can provide the assistance. helped bring about great change. Since the human rights expressed in this House We should not let a back door at- 1960's, infant mortality rates in Africa have of Representatives. tempt to get money to pay for salaries fallen by one-half, average life expectancy has I also want to point out to our col- and expenses be used to try to fund fur- risen by 17 years, and more than 24 countries leagues, Mr. Chairman, as we move to ther State Department salaries. We on the African continent have graduated from vote on the bill in another couple of should make sure that the monies go foreign aid dependents to U.S. trading part- motions, that the United States, with where they are supposed to go, pro- ners. all this talk about our foreign aid, the gram funding for programs, not for ad- Yet still more than half of Africa's popu- United States gives .2 percent of our ministrative salaries and expenses. lationÐ54 percentÐlives in abject poverty, GDP to overseas development assist- Mr. Chairman, I would urge the Mem- and as high as that number is, it is projected ance. We rank 21st of the donor coun- bers to consider the Smith amendment to grow by 50 percent by the turn of the cen- tries, behind countries including Por- as one that just repeats what we have tury if African development efforts are de- tugal and New Zealand. said we want to do, not an authoriza- serted. If we abandon this cost-effective and Mr. Chairman, I think in some ways tion bill for foreign assistance. What successful program, our conflict resolution ef- our country must examine our prior- we should be saying in our appropria- forts, microenterprise, agriculture, and health ities. I think in certain ways we are ab- tions bill, that when we allocate care projects will be undermined. Forsaking dicating our responsibilities to promot- money, do what we say we are going to the sustainable development programs that ing freedom and raising the living do. If Members say they are going to have made such a difference in the lives of Af- standard of people throughout the give money to refugees and migration rica's poor and hungry will open the gates for world. However, I do say that while assistance, give it to refugees and mi- hopelessness and despair to come rushing commending our chairman for doing gration assistance, they should not do right back in. the good job that he did with this legis- a back door end around and give it to Assistance to Africa enjoys widespread sup- lation. administration and salaries instead port among Americans. Two-thirds of the Mr. CALLAHAN. Mr. Chairman, I and say that they are giving it to refu- American people believe that the United have no further requests for time, and gees. States has a moral responsibility to help indi- I yield back the balance of my time. I urge Members to support the Smith gent nations. Over 60 percent deem it in our Mr. SMITH of New Jersey. Mr. Chair- amendment. economic interest to aid developing countries. man, I yield such time as he may Mr. SMITH of New Jersey. Mr. Chair- And over 75 percent feel we have a respon- consume to the gentleman from Cali- man, I yield myself such time as I may sibility to aid starving people regardless of fornia [Mr. BECERRA]. consume. whether other foreign policy objectives will be Mr. BECERRA. Mr. Chairman, I Mr. Chairman, I thank the gentleman promoted in the process. thank the gentleman from New Jersey from California for his very fine state- for yielding time to me. ment. I urge Members to support this Now, one sentiment that my colleagues are Mr. Chairman, let me join with the amendment. I think it is very pro refu- well aware of is the public's view that our Na- gentleman from New Jersey [Mr. gee. As the gentleman pointed out, tion spends too much money on foreign aid. In SMITH] in urging Members to vote for there are over $2 million in operating a public opinion poll conducted in January this particular amendment. What we expenses for salaries for the State De- 1995, participants asked to estimate the share are trying to do with this amendment partment. We held seven hearings in of the Federal budget devoted to foreign aid is provide $12 million that was already my subcommittee. A portion of those responded, on average, that 15 percent of the allocated for refugee and migration as- hearings were looking at precisely that budget went overseas. When asked what they sistance and make sure it goes for that very point. There is room there, believe thought the percentage should be, the aver- particular purpose, to fund program ex- me, to fund the salaries and expenses of age answer was 5 percent, and when in- penses, not to fund salaries and not to the PRN Bureau as there is using those formed that foreign aid amounts to less than fund administrative costs out of mon- proper spigots to fund the other bu- 1 percent of the budget, fewer than 20 percent ies that should be spent for program- reaus and not take it away from the still thought we were spending too much. ming. refugees, which again we tried to hold The reality is that less than one-tenth of 1 The biggest problem we have some- harmless. percent of the Federal budget is spent on for- times in Congress is making sure that I hope this amendment, if passed, eign aid to Africa. The reality is that U.S. ex- the money we allocate is spent the way will survive in conference, because ports to developing countries have more than it was meant to be spent as it came out again we are awash in refugees, and I doubled in the past decade, and that every of committee. What we would have think we need to recognize this is a additional $1 billion in exported goods creates here, with the way that the bill cur- modest effort we are making, and there an estimated 20,000 U.S. jobs. The reality is rently is drafted, is money going not is nothing above and beyond in preserv- that the bulk of the money we budget for for- for programs, when it is earmarked for ing this $12 million. eign aid is actually spent on goods and serv- programs, but to pay for salaries and The CHAIRMAN. The question is on ices in the United States. The reality is that expenses. It may even be spent on sala- the amendment offered by the gen- assistance promoting self-help development ries and expenses for people who do not tleman from New Jersey [Mr. SMITH]. and crisis prevention is cost-effective. And the even work on refugee and migration as- The amendment was agreed to. reality is that a stronger Africa is in the long- sistance issues. Mr. MARKEY. Mr. Chairman, I rise today to term interests of America. I agree that we It is $12 million. The State Depart- express my support for development aid for need to balance the budget. But balancing it ment has over $2.1 billion to pay for Africa, and to register my concern over the on the backs of Africa's impoverished is clear- staff and administrative expenses al- deep cuts in development assistance to that ly not the way to do it. ready. This $12 million would be taken continent that are being considered as part of Mr. Chairman, we have a chance to help Af- from the program accounts for refugee current proposals to cut foreign aid. For exam- rica become a self-sufficient, prosperous, assistance and would do great damage ple, H.R. 1561, the American Oversees Inter- democratic continent. We have the oppor- to a program that is already under- ests Act, cuts funding for the development tunity, we have the ability, and we have the funded to try to help the refugees fund for Africa [DFA] by over $170 million from moral obligation to do so. Let us rise and meet throughout this world. the $802 million requested by the administra- the call. There is no country that has been tion for this important program. As we con- Mr. WALSH. Mr. Chairman, I rise today in more generous when it comes to trying tinue to review our foreign assistance budget, strong support of the initiative the House has to help refugees in this entire world DFA stands to lose even more of its funding. approved against expropriation in the Domini- than the United States. We should not Curtailing assistance to AfricaÐaid that has can Republic in the report accompanying H.R. do it more harm by taking away $12 saved lives, promoted democracy, and created 1868, the fiscal year 1996 foreign operations million to pay for things that do noth- hopeÐis a bad decision. appropriations bill. H 6768 CONGRESSIONAL RECORD — HOUSE July 11, 1995 This initiative grew specifically from an egre- Little evidence exists that the bank’s cred- Mr. Chairman, I believe government gious expropriation executed by the Domini- it assistance creates jobs; shouldn't choose winners in the economy. can Republic's military in April 1994 against Providing subsidies to promote exports is With Eximbank, the big winners are foreign contrary to the free-market policies the Western Energy, Inc. Western Energy is a United States advocates. consumers, large corporations and profes- United States company that was then operat- sional speech coaches. The losers are Amer- The Congressional Research Service writes ing an important liquid petroleum gas facility in ican taxpayers. that: the Dominican Republic, and operates a simi- Mr. Chairman, it's time to derail this gravy lar facility in my district. Most economists doubt that a nation can train. improve its welfare over the long run by sub- The CHAIRMAN. Under the rule, the The expropriation of Western Energy's prop- sidizing exports; erty was clearly premeditated, and, I under- At the national level, subsidized export fi- committee rises. stand, in total disregard of specific Dominican nancing merely shifts production among sec- Accordingly, the Committee rose; contractual procedures for dispute resolution tors within the economy, rather than adding and the Speaker pro tempore (Mr. and without any opportunity for Western En- to the overall level of economic activity; DREIER) having assumed the chair, Mr. ergy to be heard or defend itself. The loss is Export financing subsidizes foreign con- HANSEN, the Chairman of the Commit- very substantial for the company, but efforts to sumption at the expense of the domestic tee of the Whole House on the State of economy; resolve the situation have thus far been Subsidizing financing will not raise perma- the Union, reported that that Commit- unavailing. nently the level of employment in the econ- tee, having had under consideration Mr. Chairman, if the initiative the House has omy. . . . the bill, H.R. 1868, making appropria- approved does not lead to a resolution of the The Heritage Foundation recommends Con- tions for foreign operations, export fi- expropriation Western Energy has suffered, gress ``close down the Export-Import Bank.'' nancing, and related programs for the then I urge my distinguished colleagues to Heritage further states: fiscal year ending September 30, 1996, support further steps to achieve that objective Subsidized exports promote the business and for other purposes, pursuant to at the earliest opportunity. The United States interests of certain American businesses at House Resolution No. 170, had directed must not tolerate expropriation of United the expense of other Americans; him to report the bill back to the States property in the Dominican Republic, Little evidence exists to demonstrate that House with sundry amendments adopt- and around the world. subsidized export promotion creates jobs—at ed in the Committee of the Whole. Mrs. COLLINS of Illinois. Mr. Chairman, I least net of the jobs lost due to taxpayer fi- The SPEAKER pro tempore. Under rise in opposition to one more in an inevitable nancing and the diversion of U.S. resources the rule, the previous question is or- into government-favored export activities at series of highly restrictive rules that have the expense of non-subsidized businesses. dered. plagued this 104th Congress since its incep- Is a separate vote demanded on any According to Heritage, phasing out sub- tion under the new Republican majority, the amendment? If not, the chairman will sidies will save 2.3 billion over 5 years. new rule governing debate on H.R. 1868, the put them en gros. The Director of Regulatory studies at the The amendments were agreed to. Foreign Operations Appropriations for fiscal Cato Institute calls the subsidy activity of year 1996. I rise once again to accentuate The SPEAKER pro tempore. The Eximbank ``corporate pork.'' He stated, ``Even question is on the engrossment and what is increasingly evident to anyone watch- in the face of unfair international competition, ing the proceedings of this body over the last third reading of the bill. the U.S. government doesn't have a right to The bill was ordered to be engrossed 6 monthsÐaccountability and democracy have use tax dollars to match equally stupid sub- once again become captive to the irrational, and read a third time, and was read sidies.'' third time. frenzied efforts of the Gingrich army to shove Eximbank's financial statements show that MOTION TO RECOMMIT OFFERED BY MR. OBEY legislation through this House for no apparent the bank has paid $3.8 billion in claims from Mr. OBEY. Mr. Speaker, I offer a mo- reason. 1980 to 1994. These dollars paid off commer- tion to recommit. Despite the fact that several Members on cial banks who couldn't collect from foreign both sides of the aisle would like to have the The SPEAKER pro tempore. Is the borrowers. American taxpayers took the hit. gentleman opposed to the legislation? opportunity to offer additional amendments to Export financed by Eximbank actually hurt Mr. OBEY. In its present form, I am, this disastrous piece of legislation, the new competitive U.S. exporters not selected for Mr. Speaker. rule before us allows only four amendments, subsidies. The bank chooses winners and los- debateable for 20 minutes, and bars all others. The SPEAKER pro tempore. The ers in the economy. The only winners are se- Clerk will report the motion to recom- The last I checked, Mr. Speaker, this was still lected foreign consumers and selected U.S. the United States Congress, the outpost of mit. corporations. The Clerk read as follows: free speech and open debate. Does the new The Eximbank is a prime example of cor- majority want to turn it into Tiananmen Mr. OBEY moves to recommit the bill H.R. porate welfare. The majority of Eximbank sub- 1868 to the Committee on Appropriations Square? If they keep up these rules, they'll sidies go to Fortune 500 companies that could certainly continue to encounter vehement ob- with instructions to report the same back to easily afford financing from commercial banks: the House forthwith with the following jects from myself and my Democratic col- BoeingÐover $2 billion worth of loan guar- amendment: leagues. antees Insert at the end of the bill: I urge my colleagues to stand by the histori- McDonnell DouglasÐ$647 million ‘‘Basic education for children cally democratic processes of this institution Westinghouse ElectricÐ$491 million SEC. . Not more than $108,000,000 under and this Nation, vote against this rule, and General ElectricÐ$381 million the Agency for International Development work to end the outrageous tape over the At&TÐ$371 million Children and Disease Programs Fund may be mouth tactics of those on the other side of the To raise funds for its lending and guarantee used for basic education for children.’’ aisle. programs, Eximbank puts additional pressure Mr. OBEY. Mr. Speaker, this motion Mr. SMITH of Michigan. Mr. Chairman, I rise on Treasury borrowing, driving up interest to recommit is really in essence a bi- to address the issue of corporate welfare. As rates for private borrowers. That's all of us. partisan motion. I understand it will be we eliminate the fat from the federal budget, From a corner barbershop wanting to expand accepted by the committee. It simply we should recommit ourselves to making sure to a young family trying to finance their first clarifies that funds for basic education all projects and programs are closely exam- home. We all pay the price. included under the children’s fund may inedÐnot just the politically easy ones. Sadly, there's more. only be used for basic education pro- The Export-Import Bank (Eximbank) sub- Eximbank appears to have wasted money grams for children. Other basic edu- sidizes loans and loan guarantees to Amer- on frivolous items as well. After 50 years with cation programs for adults must be ican exporters. These corporate welfare sub- the same agency logo, Eximbank decided it funded through other accounts. The sidies have been appropriated $787 million for needed a new one. Designing a new logoÐin- motion has bipartisan support, and I 1996. cluding creation, copyright search, and the re- would urge adoption of the recommital The experts agree; Eximbank should be design of bank brochures and literatureÐcost motion. abolished. nearly $100,000 last year. Mr. CALLAHAN. Mr. Speaker, we The Congressional Budget Office makes the And in 1993, Eximbank spent $30,000 to agree with the gentleman. following observation: train 20 employees how to speak in publicÐ The SPEAKER pro tempore. Without Eximbank has lost $8 billion on its oper- including chairman Kenneth Brody. An outside objection, the previous question is or- ations, practically all in the last 15 years; consultant was paid $3,000 a day for this task. dered on the motion to recommit. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6769 There was no objection. Johnston Miller (FL) Sisisky b 1418 The SPEAKER pro tempore. The Kasich Mineta Skeen Kelly Molinari Skelton The Clerk announced the following question is on the motion to recommit. Kennedy (MA) Moorhead Slaughter pairs: The motion was agreed to. Kennedy (RI) Moran Smith (MI) On this vote: Mr. CALLAHAN. Mr. Speaker, pursu- Kennelly Morella Smith (NJ) Mr. Yates for, with Mr. Foglietta against. ant to the instructions of the House, I Kildee Myers Smith (TX) Ms. McKinney for, with Mr. Peterson of Kim Myrick Smith (WA) Florida against.. Richardson for, with Mr. report the bill, H.R. 1868, back to the King Nadler Solomon House with an amendment. Kingston Neal Souder Jefferson against. The SPEAKER pro tempore. The Kleczka Nethercutt Spence Mr. JONES, Mrs. CLAYTON, Mr. Clerk will report the amendment. Klink Neumann Spratt ROYCE, and Mr. HILLIARD changed Klug Ney Stenholm their vote from ‘‘yea’’ to ‘‘nay.’’ The Clerk read as follows: Knollenberg Norwood Stockman Amendment: Kolbe Nussle Stokes Mr. WYNN, Mrs. MEEK of Florida, Insert at the end of the bill: LaHood Obey Studds Ms. WATERS, Mr. TIAHRT, and Ms. ‘‘Basic education for children Lantos Ortiz Stupak EDDIE BERNICE JOHNSON of Texas SEC. . Not more than $108,000,000 under Largent Owens Talent changed their vote from ‘‘nay’’ to the Agency for International Development Latham Oxley Tate ‘‘yea.’’ Children and Disease Programs Fund may be LaTourette Packard Taylor (NC) Laughlin Pallone Tejeda So the bill was passed. used for basic education for children.’’ Lazio Parker Thomas The result of the vote was announced The SPEAKER pro tempore. The Leach Paxon Thornberry as above recorded. question is on the amendment. Levin Payne (VA) Thurman A motion to reconsider was laid on Lewis (CA) Pelosi Tiahrt the table. The amendment was agreed to. Lewis (GA) Peterson (MN) Torkildsen The SPEAKER pro tempore. The Lewis (KY) Petri Torres f question is on the engrossment and Lightfoot Pickett Torricelli third reading of the bill. Linder Pomeroy Towns REFERRAL OF H.R. 1784, VALIDAT- The bill was ordered to be engrossed Lipinski Porter Tucker ING CERTAIN CONVEYANCES Livingston Portman Upton MADE BY THE SOUTHERN PA- and read a third time, and was read the LoBiondo Poshard Velazquez third time. Longley Pryce Visclosky CIFIC TRANSPORTATION CO. TO The SPEAKER pro tempore. The Lowey Quinn Vucanovich THE COMMITTEE ON RESOURCES question is on the passage of the bill. Luther Radanovich Waldholtz Mr. HANSEN. Mr. Speaker, I ask Maloney Ramstad Walker Pursuant to clause 7 of rule XV, the Manton Reed Walsh unanimous consent that the bill, H.R. yeas and neas are ordered. Manzullo Regula Wamp 1784, a bill to validate certain convey- The vote was taken by electronic de- Markey Riggs Ward ances made by the Southern Pacific vice, and there were—yeas 333, nays 89, Martini Rivers Waters Transportation Co. within the cities of Mascara Ros-Lehtinen Watts (OK) not voting 12, as follows: Matsui Rose Waxman Reno, NV and Tulare, CA, and for other [Roll No. 482] McCarthy Roukema Weldon (FL) purposes, be referred to the Committee YEAS—333 McCollum Roybal-Allard Weldon (PA) on Resources. McCrery Rush Weller The SPEAKER pro tempore (Mr. Ackerman Chrysler Fowler McDade Salmon White DREIER). Is there objection to the re- Allard Clement Fox McHale Sanford Whitfield Andrews Clinger Franks (CT) McHugh Sawyer Wicker quest of the gentleman from Utah? Archer Clyburn Franks (NJ) McInnis Saxton Williams There was no objection. Armey Coble Frelinghuysen McIntosh Scarborough Wilson Bachus Coleman Frisa f McKeon Schiff Wise Baesler Collins (GA) Funderburk McNulty Schumer Wolf Baker (CA) Collins (IL) Furse DIRECTING THE SECRETARY OF Baker (LA) Collins (MI) Gallegly Meehan Scott Woolsey THE SENATE TO MAKE TECH- Meek Seastrand Wyden Baldacci Costello Ganske NICAL CORRECTIONS IN ENROLL- Ballenger Cox Gejdenson Menendez Serrano Wynn Barcia Coyne Gekas Metcalf Shadegg Young (AK) MENT OF S. 523, COLORADO Barr Cramer Gephardt Mfume Shaw Zeliff BASIN SALINITY CONTROL ACT Barrett (WI) Crane Geren Mica Shays Zimmer AMENDMENTS Bartlett Crapo Gilchrest Barton Cremeans Gillmor NAYS—89 Mr. HANSEN. Mr. Speaker, I ask Bass Cubin Gilman Abercrombie Greenwood Payne (NJ) unanimous consent for the immediate Bateman Cunningham Goodlatte Barrett (NE) Hall (TX) Pombo consideration of the concurrent resolu- Bentsen Davis Gordon Becerra Hancock Quillen Bereuter Deal Goss tion (H. Con. Res. 82) directing the Sec- Beilenson Hansen Rahall Berman DeLauro Graham retary of the Senate to make technical Brown (CA) Hayes Roberts Bevill DeLay Green Brown (OH) Hefley Roemer corrections in the enrollment of S. 523. Bilbray Deutsch Gunderson Bryant (TX) Hefner The Clerk read the title of the con- Bilirakis Diaz-Balart Gutierrez Rogers Bunning Herger Rohrabacher current resolution. Bishop Dickey Gutknecht Chenoweth Hilliard Bliley Dicks Hall (OH) Roth The SPEAKER pro tempore. Is there Clay Jacobs Royce Blute Dixon Hamilton Clayton Jones objection to the request of the gen- Sabo Boehlert Doggett Harman Coburn Kanjorski Sanders tleman from Utah? Boehner Dooley Hastert Combest Kaptur Schaefer There was no objection. Bonilla Dornan Hastings (FL) Condit LaFalce Schroeder The Clerk read the concurrent reso- Bonior Doyle Hastings (WA) Conyers Lincoln Bono Dreier Hayworth Cooley Lofgren Sensenbrenner lution, as follows: Borski Dunn Heineman Shuster Danner Lucas H. CON. RES. 82 Boucher Durbin Hilleary Stark de la Garza Martinez Resolved by the House of Representatives (the Brewster Edwards Hinchey DeFazio McDermott Stearns Browder Ehlers Hobson Dellums Meyers Stump Senate concurring), That in the enrollment of Brown (FL) Ehrlich Hoekstra Dingell Miller (CA) Tanner the bill (S. 523) to amend the Colorado River Brownback Emerson Hoke Doolittle Minge Tauzin Basin Salinity Control Act to authorize addi- Bryant (TN) Engel Holden Duncan Mink Taylor (MS) tional measures to carry out the control of Bunn English Horn Everett Mollohan Thompson Burr Ensign Hostettler salinity upstream of Imperial Dam in a cost- Fattah Montgomery Thornton effective manner, and for other purposes, the Burton Eshoo Houghton Traficant Fields (LA) Murtha Secretary of the Senate shall make the fol- Buyer Evans Hoyer Ford Oberstar Vento Callahan Ewing Hunter Frank (MA) Olver Volkmer lowing corrections: Calvert Farr Hutchinson Gonzalez Orton Watt (NC) (1) In the last sentence of paragraph (1) of Camp Fawell Hyde Goodling Pastor Young (FL) section 1 of the bill (adding a new paragraph Canady Fazio Inglis (6) to section 202(a) of the Colorado River Cardin Fields (TX) Istook Basin Salinity Control Act) insert a period Castle Filner Jackson-Lee NOT VOTING—12 Chabot Flake Johnson (CT) Foglietta McKinney Reynolds after the words ‘‘submits such report’’. Chambliss Flanagan Johnson (SD) Frost Moakley Richardson (2) In paragraph (2)(B) of section 1 of the Chapman Foley Johnson, E. B. Gibbons Peterson (FL) Skaggs bill (amending section 205(a)(4)(i) of the Colo- Christensen Forbes Johnson, Sam Jefferson Rangel Yates rado River Basin Salinity Control Act) H 6770 CONGRESSIONAL RECORD — HOUSE July 11, 1995 strike ‘‘section 202(a)(4) and (5)’’ and insert After disposition of that amendment, the Mr. Speaker, I’d like to congratulate ‘‘sections 202(a)(4) and (5)’’. provisions of the bill as then perfected shall my very good friend, Chairman JOHN (3) At the end of paragraph (4) of section 1 be considered as original text. During fur- MYERS and the ranking minority mem- of the bill (amending section 202(b)(4) of the ther consideration of the bill for amend- ber, TOM BEVILL, for continuing their Colorado River Basin Salinity Control Act) ment, the Chairman of the Committee of the strike the period before the closing Whole may accord priority in recognition on long-standing tradition of bringing for- quotation marks. the basis of whether the Member offering an ward a bipartisan, fiscally responsible The concurrent resolution was agreed amendment has caused it to be printed in the bill. They’ve been working together on to. portion of the Congressional Record des- this committee for many years. This ignated for that purpose in clause 6 of rule bill is $1.6 billion lower than the fiscal A motion to reconsider was laid on XXIII. Amendments so printed shall be con- the table. year 1995 level, and the committee has sidered as read. At the conclusion of consid- done an outstanding job in making f eration of the bill for amendment the Com- these limited funds go a long way. mittee shall rise and report the bill to the REPORT ON H.R. 2002, DEPART- House with such amendments as may have H.R. 1905 makes appropriations for MENT OF TRANSPORTATION AND been adopted. The previous question shall be the Corps of Engineers, the Bureau of RELATED AGENCIES APPROPRIA- considered as ordered on the bill and amend- Reclamation, the Department of En- TIONS BILL, 1996 ments thereto to final passage without inter- ergy, and various independent agen- vening motion except one motion to recom- cies. I am particularly pleased that Mr. WOLF, from the Committee on mit with or without instructions. funding for the Appalachian Regional Appropriations, submitted a privileged The SPEAKER pro tempore. The gen- Commission and the Tennessee Valley report (Rept. No. 104–177) on the bill tleman from Tennessee [Mr. QUILLEN] Authority has been included in this (H.R. 2002) making appropriations for is recognized for 1 hour. bill. Although both received sizable re- the Department of Transportation and Mr. QUILLEN. Mr. Speaker, for the ductions, the committee recognized the related agencies for the fiscal year end- purpose of debate only, I yield the cus- valuable contributions they make to ing September 30, 1996, and for other tomary 30 minutes to the gentleman recipient States. purposes, which was referred to the from California [Mr. BEILENSON] pend- The Appalachian Regional Commis- Union Calendar and ordered to be ing which I yield myself such time as I sion is regional economic development printed. may consume. During consideration of agency established 30 years ago to f this resolution, all time yielded is for bring almost 400 counties in the 13 Ap- the purpose of debate only. palachian States into the mainstream PROVIDING FOR CONSIDERATION (Mr. QUILLEN asked and was given of the American economy. ARC’s mis- OF H.R. 1905, ENERGY AND permission to revise and extend his re- sion is to equip Appalachian citizens WATER DEVELOPMENT APPRO- marks.) with the skills and enterprise develop- PRIATIONS ACT, 1996 Mr. QUILLEN. Mr. Speaker, House ment resources they need to create Mr. QUILLEN. Mr. Speaker, by direc- Resolution 171 is an open rule provid- self-sustaining local economies where tion of the Committee on Rules, I call ing for the consideration of H.R. 1905, people take control over their own eco- up House Resolution 171 and ask for its the Energy and Water Development nomic destiny and contribute as tax- immediate consideration. Appropriations Act for fiscal year 1996. payers to the national economy. The Clerk read the resolution, as fol- The rule provides 1 hour of general de- Over the years, as a result of ARC lows: bate divided equally between the chair- programs, the regional poverty rate H. RES. 171 man and ranking minority member of has been cut in half, the percentage of Resolved, That at any time after the adop- the Committee on Appropriations. The adults with a high school education has tion of this resolution the Speaker may, pur- bill will be read by title for amend- doubled, and the region’s infant mor- suant to clause 1(b) of rule XXIII, declare the ment, with each title considered as tality rate has been cut by two-thirds. House resolved into the Committee of the read. But much more remains to be done, Whole House on the state of the Union for The rule waives clause 2 of rule and the funding provided in this bill consideration of the bill (H.R. 1905) making XXI—prohibiting unauthorized appro- will enable the ARC to continue its appropriations for energy and water develop- priations and legislation in an appro- mission. ment for the fiscal year ending September 30, priations bill—and also waives clause 6 Mr. Speaker, of equal importance is 1996, and for other purposes. The first read- of rule XXI—prohibiting reappropri- ing of the bill shall be dispensed with. Gen- the continued funding for the Ten- eral debate shall be confined to the bill and ations—against provisions of the bill nessee Valley Authority. There seems shall not exceed one hour equally divided except for the proviso beginning on to be some confusion and misinforma- and controlled by the chairman and ranking page 6 at line 6 pertaining to the Coo- tion about the use of Federal dollars minority member of the Committee on Ap- per Lake and Channels, TX project. for TVA, and I want to emphasize that propriations. After general debate the bill Under the rule, it shall be in order to no Federal money goes toward subsi- shall be considered for amendment under the first consider an amendment offered by dizing the electric power program. This five-minute rule. The bill shall be considered Representative SHUSTER of Pennsylva- program is entirely funded through by title rather than by paragraph. Each title nia printed in the Rules Committee Re- shall be considered as read. Points of order power sales and the issuance of securi- against provisions in the bill for failure to port to accompany this rule. The ties, and there is no Federal subsidy for comply with clause 2 or 6 of rule XXI are amendment shall be considered as read, the consumer. shall be debatable for 10 minutes, waived except as follows: beginning with ‘‘: b Provided further’’ on page 6, line 6, through equally divided between the proponent 1430 ‘‘such transfer’’ on line 13. Where points of and an opponent of the amendment. Federal dollars are used specifically order are waived against part of a paragraph, This amendment is not subject to for maintenance of the Tennessee River points of order against a provision in an- amendment or to a demand for a divi- System and stewardship of the Federal other part of such paragraph may be made sion of the question in the House or the lands under TVA’s control. This is only against such provision and not against the entire paragraph. Before consideration of Committee of the Whole. All points of comparable to the functions provided any other amendment it shall be in order to order are waived against the amend- by the Corps of Engineers in other consider the amendment printed in the re- ment. If adopted, the amendment shall areas. port of the Committee on Rules accompany- be considered as original text for the Federal dollars also go toward a vari- ing this resolution if offered by Representa- purpose of further amendment under ety of targeted economic development tive Shuster of Pennsylvania or his designee. the 5-minute rule. programs. And to the Land-Between- That amendment shall be considered as read, The rule authorizes the Chair to ac- the-Lakes, a Federal recreation area in shall be debatable for ten minutes equally cord priority in recognition to Mem- Tennessee and Kentucky, which is the divided and controlled by the proponent and bers who have pre-printed their amend- largest contiguous forest east of the an opponent, shall not be subject to amendment, and shall not be subject to a demand ments in the CONGRESSIONAL RECORD. Mississippi River. These are important for division of the question in the House or Finally, the rule allows one motion to services mandated by statute, and we in the Committee of the Whole. All points of recommit, with or without instruc- have an obligation to continue to pro- order against that amendment are waived. tions. vide funding. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6771 Mr. Speaker, this open rule will allow vent flood control. As I said, such other scuttled from the program mandated all Members to fully participate in the functions in other States are con- by the Congress. amendment process, and I urge its trolled by the Corps of Engineers and So I urge Members to be aware that adoption. federally funded. Mr. Speaker, alluding further to the I understand there may be an amend- the Federal Government provides fund- Federal funding, for the TVA, already ment offered to eliminate these funds. ing for the programs of maintenance of the committee has recommended a $42 I want to caution the proponents of flood control and operation of other million cut in the program. This is TVA that this is an amendment that dams and that this is a program that only $19 million for economic develop- we must watch, that we must defeat the Federal Government should con- ment, and the balance in the bill goes when and if it is presented, because the tinue. So, being alerted to that end, I for operation of the dams, the tribu- purpose of the amendment is flawed in urge the membership to be on the floor taries of the Tennessee River, and the its inception, and we must watch care- if such an amendment is offered, and to streams that flow into the river to pre- fully to ensure that the TVA is not vote against it. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 10, 1995]

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

Open/Modified-open 2 ...... 46 44 31 71 Modified Closed 3 ...... 49 47 12 27 Closed 4 ...... 9 9 1 2 Totals: ...... 104 100 44 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of May 12, 1995]

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

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/10/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: v.v. (2/2?/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/1/95) H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95) H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95) H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95) H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95) H. Res. 115 (3/14/95) ...... MO ...... H.R. 1158 ...... Making Emergency Supp. Approps...... A: 242–190 (3/15/95) H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95) H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95) H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95) H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95) H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95) H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95) H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95) H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95) H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95) H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95) H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95) H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95) H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95) H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 233–183 (6/13/95) H. Res. 167 (6/15/95) ...... O ...... H.R. 1517 ...... MilCon Appropriations FY 1996 ...... PQ:223–180 A: 245–155 (6/16/95) H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95) H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ:221–178 A: 217–175 (6/22/95) H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95) H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps...... PQ: 236–194 A: 234–192 (6/29/95) Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of and water appropriations bill for fiscal We do not object to the waivers. My my time. year 1996. colleagues will recall, however, that Mr. BEILENSON. Mr. Speaker, I Mr. Speaker, the rule does contain the authors of this rule complained yield myself such time as I may waivers of standing House rules for sev- over and over again last year about consume. eral provisions in the bill. The waivers legislating in an appropriations bill, Mr. Speaker, I thank the gentleman protect the provisions from points of calling it, and I quote, a cumbersome from Tennessee [Mr. QUILLEN] for order that could be raised against them and inefficient way of doing business, yielding the customary 30 minutes of because they violate House rules that end of quote. It appears many Members debate time to me. prohibit appropriations for authorized have now discovered that that is often Mr. Speaker, we support this rule for projects and legislation in an appro- necessary to waive points of order for consideration of H.R. 1905, the energy priations bill. that purpose. Since the majority raised H 6772 CONGRESSIONAL RECORD — HOUSE July 11, 1995 no objection to the waivers provision A motion to reconsider was laid on time, and that relationship has contin- in the bill, we did feel it would have the table. ued. Nothing goes in the bill unless we been fair to protect the amendments of f both agree, and we just do not have several Members who requested waiv- that—I will say not bipartisan, non- ers for them. GENERAL LEAVE partisan—everything that went into We sought unsuccessfully to make Mr. MYERS of Indiana. Mr. Speaker, this bill was totally on the merits. Pol- several of those amendments in order. I ask unanimous consent that all Mem- itics had nothing to do with it, and it We asked that the Brewster-Harman bers may have 5 legislative days in was difficult this year. Many commit- amendment, which seeks to ensure which to revise and extend their re- tees have experienced problems be- that any savings from the bill be ap- marks on the consideration of the bill cause we do have new staffs this year; plied directly to deficit reduction, and (H.R. 1905) making appropriations for we lost very experienced staff members the Traficant Buy America sense-of- energy and water development for the last year; Hunter Spillan is gone, de- Congress resolution, receive the nec- fiscal year ending September 30, 1996, cided to retire this year, but Jim essary waivers. Unfortunately, our re- and for other purposes, and that I be Ogsbury came in and filled those shoes quests were defeated on straight party- permitted to include tabular and extra- with a few times that we had to take line votes. neous material. the racing stripes off, as they say in In addition, Mr. Speaker, we re- The SPEAKER pro tempore (Mr. racing. But our staff, Jeanne Wilson, of quested that the Chapman provision in CUNNINGHAM). Is there objection to the course, great job; Bob, wherever Bob is the reported bill receive the same pro- request of the gentleman from Indiana? here, and I guess he is here someplace, tection that was accorded all other un- There was no objection. yes, Bob Schmidt—we had of course authorized projects in the bill. We felt f Judy, Judy Penry, came in to join us, it was only fair that it be treated in and I do not see one of our staff mem- the same way and not be singled out in ENERGY AND WATER DEVELOP- bers here, Lori Whipp. Lori is here this manner. Our effort in this respect MENT APPROPRIATIONS ACT, someplace, but the great staff and our was also unsuccessful. 1996 individual staffs who put the bill to- Mr. Speaker, we are concerned about The SPEAKER pro tempore. Pursu- gether this year—— the clear shift in direction that is re- ant to House Resolution 171 and rule But this year’s bill is $18,700,000,000. flected in the funding priorities in this XXIII, the Chair declares the House in This is the smallest appropriation bill $18.7 billion spending bill. While we un- the Committee of the Whole House on for energy and water development we derstand the budget constraints the the State of the Union for the consider- have had for 6 years. The important Appropriations Committee faced in de- ation of the bill, H.R. 1905. thing is that we are $1,600,000,000 below veloping this bill, there is some con- b 1436 last year. cern that the choice to cut energy re- Now to put that in the vernacular of search so drastically was in exchange IN THE COMMITTEE OF THE WHOLE talk show hosts who often talk about for maintaining a status quo approach Accordingly the House resolved itself ignoring baseline budgeting, this bill is to funding other projects. into the Committee of the Whole House $1.6 billion below the baseline budget. I Many Members are especially con- on the State of the Union for the con- want to emphasize $1.6 billion below cerned about the severe cut of 51 per- sideration of the bill (H.R. 1905) mak- the baseline budget, making real sig- cent recommended by the committee ing appropriations for energy and nificant cuts. It is $2 billion less than in renewable energy research an devel- water development for the fiscal year the President requested. But, breaking opment funding. These energy sources ending September 30, 1996, and for it down, we have $3,200,000,000 for the are essential if we are to reduce the other purposes, with Mr. OXLEY in the Corps of Engineers. We have a few new trade deficit, and curb greenhouse gas chair. start projects this year, but we have emissions, air pollution, and other The Clerk read the title of the bill. held those down. waste generation from energy use. We The CHAIRMAN. Pursuant to the We could not begin to respond to all very much regret that our commit- rule, the bill is considered as having the requests we had. But we did ignore ment to renewable energy supplies is been read the first time. the new proposal, the criteria for flood apparently foundering. Under the rule, the gentleman from control that the administration rec- In any event, Mr. Speaker, under this Indiana [Mr. MYERS] will be recognized essentially open rule, Members will be for 30 minutes, and the gentleman from ommended which was that to be eligible for flood control, historically the able to offer amendments to cut spend- Alabama [Mr. BEVILL] will be recog- ing further and to change the spending nized for 30 minutes. Corps of Engineers has provided flood priorities, and, in fact we anticipate The Chair recognizes the gentleman control and preented floods as much as they could, but the administration pro- quite a number of amendments on a from Indiana [Mr. MYERS]. wide range of issues. Mr. MYERS of Indiana. Mr. Chair- posed to be eligible a program, a We commend the new chairman of man, I yield myself such time as I may project, would have to have more than the committee, the gentleman from In- consume. 50 percent of the water falling in another State, a State different from diana [Mr. MYERS] and the ranking (Mr. MYERS of Indiana asked and member, the gentleman from Alabama was given permission to revise and ex- where the flood treatment would be taken care of and reverse the local [Mr. BEVILL] for their good work and tend his remarks.) their cooperation in bringing this bill Mr. MYERS of Indiana. Mr. Chair- project sponsorship and payment from to the House. man, this appropriation bill that is for persently 75 percent Federal to 25 per- Mr. Speaker, to repeat, we support water and energy development in our cent local to just the reverse. Under the rule. We urge our colleagues to ap- country is a bill that touches every their proposal, 25 percent Federal, and prove it so that we may proceed to the congressional district in the country, 75 percent local, made a great many of consideration of the energy and water and it was a difficult job this year, but, these projects just impossible to fund. appropriation bill and amendments to through the leadership of our fine staff In the second title, the Bureau of it as soon as possible. and the other Members, we were able Reclamation, we have $813 million. Mr. Speaker, we have no requests for to accomplish very close to what I This bill is $28 million less than last time on this side, and I yield back the would consider to be a miracle. I do year, but it is $24 million more than balance of my time. want to thank my colleague, the gen- the President requested, including the Mr. QUILLEN. Mr. Speaker, I, too, tleman from Alabama [Mr. BEVILL]. Central Utah Project where we are try- have no other requests for time, I yield TOM and I came to Congress 29 years ing to expedite and get the project back the balance of my time, and I ago together, served on this committee completed as soon as possible to reduce move the previous question on the res- for a great many years, he as chair- the cost. olution. man, and I was his ranking member, In the Department of Energy we have The previous question was ordered. and he was always most courteous and $14,800,000,000. Surprisingly, $10 billion The resolution was agreed to. considerate for the minority at that of this is defense and defense-related July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6773 projects. A lot of people do not under- years, we prohibited any studies for efforts under difficult budgetary circumstances. stand that nuclear weapons come privatizing the Power Marketing Ad- I would like to extend special thanks to my through this subcommittee. The nu- ministrations, the five of them. We re- good friend, the Honorable BOB LIVINGSTON, clear weapons and the naval reactors fused to permit any study about privat- the chairman of the Committee and a Member for naval ships come through our sub- ization. We eliminated this restriction. of the Subcommittee, for his support and guid- committee. So in this $10 billion out of There has been a prohibition on ance. the $14 billion is for defense activities. study of optional rates and employ- By remaining within its 602(b) allocation, the One of the areas that we had some ment for the power administrations. Energy and Water bill turns the rhetoric of def- problems with this year is the nuclear We eliminated this. The privatization icit reduction into a reality. The bill's total waste disposal fund, which since 1982 of hydropower and the rate fixing for spending level of $18.7 billion is $1.6 billion utilities and utility users have been those, we eliminated this prohibition. below last year's level and $2 billion below the paying into a trust account to provide So we allow now reconsideration of budget request. It is the smallest Energy and for a repository for the nuclear waste, rate making, and also other rate mak- Water Development appropriations bill re- high-level waste. In 1988–89 we started ing prohibitions we had in previous ported by the Committee since fiscal year exploration of Yucca Mountain in Ne- years. 1990. vada. Up until this year they have been In closing my remarks, this is not In recommending funding levels for pro- moving very slowly, but under the con- the ideal bill that any of us would have grams funded by the bill, the Committee has tract we had with the utility users in written if we had had the sole respon- worked closely and cooperatively with various the country by 1998 we were to take the sibility for the 602(b) allocations, which authorizing committees of the House. I con- nuclear wastes away from the utilities is the allocation of how much money gratulate these committees for their dedicated and have it in permanent storage. It is can be spent. If we had been operating efforts to report authorization bills this year, obvious from this committee’s hearings as in the previous years where money and I thank them for their cooperation. that that will not be possible, so we was not an object, we, of course, would Title I of H.R. 1905 appropriates $3.2 billion have decided this year we would back have taken a lot more into consider- for the civil works program of the U.S. Army off, not back off from the consideration ation for some projects that many of Corps of Engineers. This is $189 million (or of Yucca Mountain, but we have to you requested. 6%) lower than the FY 1995 level and $88 mil- concentrate on finding a spot to take But this bill touches every congres- lion (or 3%) lower than the President's re- the nuclear waste; so, this year we sional district. As an example, in the quest. have recommended $425 million, and Corps of Engineers, in general inves- In considering the Administration's budget that would include interim storage tigations, we touched this year 41 request, the Committee soundly rejected a someplace so we can start meeting our States. There are going to be investiga- proposed new policy of the Corps, which contractual responsibility to taking tions in 41 States. In construction, we would limit Federal involvement to projects of the waste from some of the utilities. have construction going in 38 States, national scope and significance. If adopted, We now have 109 reactor sites in the plus Puerto Rico. In operation and this policy would eliminate the Corps' tradi- country, and a number of those are al- maintenance, operating the locks and tional participation in flood control projects, ready having dry storage, depositing dams, the 25,000 miles of inland water- small harbor maintenance and shore protec- their storage outside, which is dan- ways we have in the United States, it tion activities. In rejecting this ill-advised pro- gerous, so we are thinking about and touches 48 States, plus Puerto Rico and posal, the Committee has revalidated the considering that we are going to have the District of Columbia. Corps' proud tradition of protecting our citizens to find permanent storage, and we So this is truly a bill that, when the from the devastating impacts of floods. The could not designate where that interim gentleman from Alabama [Mr. BEVILL] Committee has also recognized the great storage would be, but the authorizing and I came to Congress a good many value in continuing the Corps' important role in committee will be talking about this years ago, was called the all-American harbor maintenance and shore protection later in our bill. bill. This year, again, it is the all- projects. In title IV; that is, independent agen- American bill. It is an austere bill, one In order to maximize the value of the Corps' cies, we have two agencies that we that meets the minimum requirements, limited resources, the bill deletes funds for a have been making reductions, particu- one that we can be proud of. Again, it number of low-priority programs and initiatives. larly the Appalachian Regional Com- is not the bill we would like to see, but These include the Construction Productivity mission where this year we provide for one I hope that all can support. Advancement Research program, research on $142 million, which is a $41 million re- Members are going to be offering the economic impacts of global warming, and duction from last year or a 22-percent some amendments to cut some projects environmental service partnerships. reduction. The Tennessee Valley Au- that the committee in its wisdom and Title II of the bill includes funds for the U.S. thority that the gentleman from Ten- study believes we should consider and Bureau of Reclamation. The bill recommends nessee [Mr. QUILLEN] just spoke about fund. We hope the Members will stick an appropriation of $813 million for the Bu- earlier in the rule, we provide for $103 with the committee, which has had reau. This is $28 million (or 3 percent) lower million, which is $37 million from last thousands of pages of hearings, heard than the fiscal year 1995 level and $24 million year for reduction of 25 percent below thousands of witnesses, had five Gov- (or 3 percent) higher than the President's last year. ernors appear before it, and a great budget request. Increases above the budget many Members of Congress. It is good request are included to expedite water b 1445 legislation, and we commend it for projects for which the Administration has not We did not fund the three River your consideration. requested sufficient funding. The bill deletes Basin Commissions. Historically, a Mr. Chairman, I reserve the balance funds for a number of low-priority programs number of years ago a number of of my time. and new initiatives of the Bureau, including a States formed a compact over control Mr. Chairman, I rise in support of H.R. National Fish and Wildlife Foundation grant of the rivers and recommendations for 1905, the Energy and Water Development Ap- and the Water Conservation Challenge Part- the operation of the rivers. The Dela- propriations Bill, 1996. nerships program. ware River, the Susquehanna River, Because of unprecedented budgetary con- Title III of H.R. 1905 funds programs and and the Potomac River were three of straints, assembling this year's energy and activities of the Department of Energy. The those projects that no one came before water development bill has been a tremen- appropriation of $14.8 billion for the Depart- our committee to testify for requests dous challenge. The Committee, however, has ment is $940 million (or 6 percent) less than for money, so we did not put the money risen to the challenge and has produced a bill the fiscal year 1995 level and $1.9 billion (or in. The compacts continue, but they that is balanced and fair. Programs and 11 percent) below the Administration's reserve the States a lot more than they projects that have marginal value for the tax- quest. do the Federal Government, so we took payer have been eliminated, while funding for The bill effects serious reductions through- the money out for this. essential activities has been preserved. The out the Department of Energy. Unneeded bu- We have had a number of repeals of bill reflects difficult choices among competing reaucracy is cut from the budget, while essen- legislation this year. We have three re- priorities, and I congratulate my friends and tial and necessary activities of the Federal peals in legislation. In the previous colleagues on the Committee for their heroic Government are preserved. General science H 6774 CONGRESSIONAL RECORD — HOUSE July 11, 1995 and research activities are preserved within international solar research, hydropower re- Mr. Chairman, I would like to take this op- funding constraints, while applied research search, and technology transfer programs. It portunity to recognize the tremendous efforts and commercialization activitiesÐespecially also repeals a provision of law prohibiting the of all Members of the Subcommittee on En- those for which private industry investment is use of appropriated funds to study the sale of ergy and Water Development. Throughout an more appropriateÐare eliminated or dramati- power marketing administrations. arduous hearing process and the difficult de- cally reduced. Title IV of the bill includes funding for inde- liberations on program funding, the Members The appropriation for general science is pendent agencies and commissions. For fiscal of the Subcommittee have put partisan con- $991 million, a $7 million increase over last year 1996, the independent agencies under cerns aside and have consistently acted in ac- year's level. The appropriation for solar and the Committee's jurisdiction are funded at a cordance with the best interests of all Ameri- renewable energy activities is reduced to $222 level of $276 million. This represents a $195 cans. Their dedication and hard work have million, well under the budget request of $423 million reduction from last year's level and a been an inspiration, and serving as their million. decrease of $93 million from the budget esti- Chairman has been both an honor and a privi- The appropriation for defense environmental mate. lege. As reported by the Appropriations Commit- restoration and waste management is $5.3 bil- Finally, Mr. Chairman, I would like pay spe- tee, the bill terminates Federal participation in lion, consistent with the authorization level de- cial tribute to one of the most honorable and three river basin commissions: the Delaware veloped by the National Security Committee. distinguished gentleman to ever serve in this This is the largest single item within the $10 River Basin Commission, the Susquehanna chamber. My friend, the Honorable TOM BE- billion appropriation for the atomic energy de- River Basin Commission and the Interstate VILL, proudly served as the Subcommittee's Commission on the Potomac River Basin. Fur- fense activities of the Department of Energy. Chairman for 18 years. As Chairman, his vir- The bill appropriates $425 million to pursue thermore, the bill effects dramatic reductions tues of honesty, fairness, and wisdom were al- solutions to the country's growing nuclear in the Appalachian Regional Commission and ways in abundant evidence. As Ranking Mi- waste problem. The Committee directs the De- the appropriated programs of the Tennessee nority Member, his service has been no less partment of Energy to downgrade site charac- Valley Authority. At $142 million, the appro- honorable. His service to the Committee and terization activities at Yucca Mountain in Ne- priation for ARC is 22 percent less than re- to the country have been invaluable, and I am vada in order to develop a national interim quested by the Administration and approxi- deeply grateful for his cooperation, his assist- storage program. Authorizing committees re- mately one-half of the fiscal year 1995 level. ance, and his friendship. tain flexibility to craft a new direction for the ci- Funding for the TVA is 25 percent less than vilian nuclear waste program. requested in the budget, and for TVA's Envi- Mr. Chairman, I urge all of my colleagues to The bill eliminates a number of depart- ronmental Research Center has been deleted support H.R. 1905. mental programs and initiatives, including: altogether. I reserve the balance of my time. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6775

INSERT OFFSET FOLIO 370B HERE E:\GRAPHICS\EH11JY95.000 H 6776 CONGRESSIONAL RECORD — HOUSE July 11, 1995

INSERT OFFSET FOLIO 370C HERE E:\GRAPHICS\EH11JY95.001 July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6777 Mr. BEVILL. Mr. Chairman, I yield level of government or any city in the a close cooperation here that I think is myself such time as I may consume. United States that could afford to pay producing the right kind of policies in (Mr. BEVILL asked and was given 75 percent of the cost of flood control the energy area. The bill does reflect a permission to revise and extend his re- projects that are needed and are criti- very strong commitment to both good, marks.) cal? They actually tried to think of a fundamental science that is vital to Mr. BEVILL. Mr. Chairman, this 1996 place, but could not think of one in the this Nation’s future, and to a balanced appropriations bill, effective October 1, whole United States. budget. The fact is that as we look at has been the most difficult bill Chair- So I think that tells the story pretty development of a lot of our basic man MYERS and I have worked on. As well. On nuclear waste the utilities are science programs, we have to do it in the gentleman has pointed out so well, paying. The ratepayers in this Nation the context of our need to balance the he and I have worked together for all are paying today through their utility budget by the year 2002. This bill goes these years. We have exchanged seats bills to dispose of the nuclear waste a long way down that road. now. He is the chairman and I am the throughout the United States. As For example, this bill does specify a ranking member, and we are working Chairman MYERS pointed out, we have commitment to the hydrogen program right along just as we have been doing been very unhappy with the success, or that I think is a useful direction for for the last 18 years. The gentleman is the lack of success would be a better the Nation to go. It is a very small pro- great to work with, and I just want to way of putting it, of getting this waste gram, but it is one that has gone commend him. His leadership has al- disposed of, nuclear waste, and getting through the right process. We author- ways played a big role in getting this a storage place for it. ized the program earlier this year out bill put together, making this bill pos- So the fund is in there, and the rate- of this committee. We authorized it at sible and getting the support of the payers are paying for it, and they are a somewhat higher level than what is Congress. So we are proud of this bill, not getting it. We are supposed to have in the bill that comes before us, but, when we consider the circumstances a place ready for this waste to start nevertheless, we are making a strong and what we have had to face in the being hauled to and in place by 1997 or commitment to an energy resource way of cuts. 1998. Certainly it does not look like we that also happens to be an environ- For example, the appropriation bill are going to meet that target. But we mentally safe resource, and I think this time contains $18.7 billion. Just 2 would say on the Yucca Mountain that is a very, very good direction to years ago it was $22 billion. It is 10 per- project, that while we have been very go in. cent less than the President’s budget disappointed in the past on it, it does This is also a bill that does a lot in request for this year. It is 7 percent seem to be moving now. In the past few terms of basic energy sciences and in less than what we appropriated last months, for the first time, it is actu- high energy and nuclear physics year. So we have done our part in tak- ally moving and getting somewhere, science. What we have here is a coming our share of the cuts, and many and we feel that now we are on the mitment to the idea that we ought to good programs have not been funded as right track, and we hope that we are, be doing basic research in this country, much as we feel like they should be. and we can do our duty and get this that there is an underlying need to de- As a matter of fact, there are many waste disposal underway. velop those new knowledge bases that good programs we have had to actually Mr. Chairman, I urge Members to this country will depend upon in the just leave out. This is very, very dif- support this legislation. We rec- years ahead. ficult. As Chairman MYERS pointed ommend this bill to Members highly. We cannot afford, under a balanced out, the recommendation by the ad- Mr. Chairman, I reserve the balance budget scenario, to go out and fund ministration on the flood control of my time. every project that somebody wants to projects in our judgment would be a Mr. MYERS of Indiana. Mr. Chair- have on a live support system that has disaster, and we are not going to do it. man, I yield 3 minutes to the gen- been developed in the past, but simply We are not going to accept that rec- tleman from Pennsylvania [Mr. WALK- was not commercially viable at the ommendation. The flood control ER]. time that it was developed. We cannot projects are some of the most impor- Mr. WALKER. Mr. Chairman, I thank continue to do that. But we should and tant work that the U.S. Army Corps of the gentleman for yielding. can continue to do the right kind of Engineers does, and they need every Mr. Chairman, I rise in strong sup- basic science work in this country. dollar in this bill that they will receive port of this piece of legislation. The This bill moves in that direction. This in the 1996 fiscal year. gentleman from Indiana [Mr. MYERS] bill is that kind of bill. In my judgment, if we had to pick has, to the extent possible within his Mr. Chairman, I congratulate the out the most important thing the U.S. subcommittee’s 602(b) allocation, leadership on both sides of the aisle for Army Corps of Engineers does, and tracked the energy research and devel- the bill they have brought forward, and they do a good job, it is flood control. opment priorities of the Committee on look forward to supporting it strongly. There we are talking about not only Science as outlined in the authoriza- Mr. BEVILL. Mr. Chairman, I yield 4 saving property, but we are talking tion bills that are still to come to the minutes to the gentleman from New about saving lives. Certainly we cannot floor, but have been cleared out of our Jersey [Mr. PALLONE]. put any dollar value on saving lives. committee. I think that the work that Mr. PALLONE. Mr. Chairman, I just The corps has estimated and they the gentleman and his staff have done want to take a moment to thank the have testified before our panel several with my committee has been done to chairman of the subcommittee, the times to the effect that for every $1 an unprecedented extent, and I want to gentleman from Indiana [Mr. MYERS], that we invest in flood control thank the gentleman for it, and want the gentleman from Alabama [Mr. BE- projects, there are benefits in the to thank the gentleman from Alabama VILL], and the gentleman from New amount of $6. So it is something that for the leadership he has provided to Jersey [Mr. FRELINGHUYSEN], for their pays. Of course, the administration, for this subcommittee over the years, and work on this bill, particularly with re- some reason, wants to change this for- I think that we are seeing the results gard to the Army Corps policy and the mula that has been in effect for years, of a lot of good work here in the course recommendations made by the admin- where the local governments would not of the development of this bill. istration. be paying the 25 percent of the cost of The gentleman from Indiana [Mr. Mr. Chairman, I do support the bill. I the flood control projects, but it would MYERS] worked closely with the gen- think it is an excellent bill. But I change to where the local government tleman from California [Mr. think, in particular, the fact that the would pay 75 percent. Actually when ROHRABACHER], the chairman of the committee in its report language spe- the division engineers were testifying, Committee on Science Subcommittee cifically says that they are not abiding most of them, as Members know, are on Energy and Environment, and I by the recommendations of the Presi- major generals in the U.S. Army Corps thank him for that as well. dent with regard to Army Corps of Engineers, and I asked them the This bill is proof that the appropria- projects is significant. question, do you know of any State in tions process can work along with the I cannot think of any proposal that the Union or any government or any authorization process, because we have has been made in the last 6 months H 6778 CONGRESSIONAL RECORD — HOUSE July 11, 1995 that is more ill-conceived than the ad- tee in its report asked the administra- I am pleased that the subcommittee ministration’s proposal with regard to tion to essentially reverse its policy. I rejected this proposal during consider- Army Corps flood control, shore pro- think that is important, because theo- ation of the fiscal year 1996 energy and tection, and small scale navigational retically, even though we pass this bill water appropriations bill. In southeast dredging. I think we all recognize that and even though it ultimately is signed Texas, the administration’s plan would flood waters do not recognize state of by the President, there still could be a have been devastating. coastal boundaries. certain amount of discretion on the During October 1994, southeast Texas Just to give you an example, if this part of the administration to withhold suffered some of the worst flooding our policy that was put forward by the ad- funds for some of these projects, unless area had ever seen. Several lives and ministration were to come into effect, they decide to reverse their policy. So millions of dollars in homes and prop- a large state like California, for exam- I think it is also important that in the erty were lost. ple, would be responsible for flood con- subcommittee report language, they Under the administration’s proposal, trol projects within its boundaries, specifically call upon the administra- seven severely needed projects in the which would easily qualify as inter- tion, and I call upon them as well, to Houston area, including Braes, Sims, state projects in another area of the reverse this policy because I would not Greens, and Clear Creek Bayous, would country. So just because a state hap- want to see the various projects that have been halted because the adminis- pens to be large or because a state hap- are funded in this legislation to be tration would not classify them as ‘‘na- pens to be largely along the coast of jeopardized at all. I think that the tionally significant.’’ overall presidential/administration pol- the United States, all of a sudden, be- This designation would have left icy was ill-conceived and should be re- cause 50 percent of the flood waters many vital flood control projects in my that are affecting or damaging and reversed. Mr. MYERS of Indiana. Mr. Chair- district and around the country in sulting in the need for a flood control limbo. project are not within the state or not man, I yield 2 minutes to the gen- In addition to threatening the safety interstate, if you will, the project tleman from New York [Mr. BOEH- of our constituents and their property, would no longer qualify. LERT]. In effect, I think the chairman and Mr. BOEHLERT. Mr. Chairman, I the loss of these funds would create a difficult financial burden on our State the gentleman from Alabama [Mr. BE- want to engage the chairman in a col- and local governments. VILL] mentioned that what we would be loquy. As you well know, one of the doing if this policy were to come into problems that led to the demise of the Local taxpayers would have been effect is simply not providing for these superconducting super collider was forced to fund the lion’s share of the flood control or shore protection that it never received international $1.5 billion needed to complete these projects to move forward, because most support. projects. That’s $1.5 billion they cannot I said throughout that debate over of the states and the localities would afford. the SSC that the infrastructure of not be able to afford to pay for them, More to the point, this plan would physics must become as international particularly if the cost sharing, which have penalized intrastate projects but as the science. High energy physicists is now 75 percent Federal and 25 per- not interstate projects. here and abroad have taken the mes- cent non-Federal, were to switch and Southeast Texas includes Houston, sage to heart and are ready to move become 75 percent non-Federal or local. our Nation’s fourth largest city, the ahead with a large hadron collider. It is Just to give you an example, in my bulk of the country’s oil and gas infra- my understanding that this bill pro- own district, we have a major shore structure. vides funding to enable preparatory protection project along the coast. We work to proceed on the LHC; is that Under the administration’s plan, have towns, I will give you an example, correct? local taxpayers would foot almost the such as Bellmawr, where we have a few Mr. MYERS of Indiana. Mr. Chair- entire bill, while taxpayers in smaller thousand residents, but in the summer man, will the gentleman yield? States with similar projects could still are besieged by thousands of people Mr. BOEHLERT. I yield to the gen- rely on majority Federal funds. who use the beach from Pennsylvania, tleman from Indiana. Most importantly, if we can prevent New York and other states. There is no Mr. MYERS of Indiana. Mr. Chair- disasters with proper flood control way that a small town like Bellmawr, man, I hope his analogy is not analo- planning, the Federal Government and I have others that are even small- gous of what happened in Texas, but would not be forced to spend billions of er, could possibly afford to contribute yes, we have provided $6 million as re- taxpayers’ dollars on emergency and the amount of money that would be quested. disaster relief. It is clear that flood necessary for the state to go ahead Mr. BOEHLERT. I thank the gen- control projects save Federal dollars in with that project. Even though the tleman, because I think the authoriza- the long run. flood waters are totally from within tion reported out by the Committee on In a time when this Congress is con- the state, if you will, because it is the Science last week gives a clear green sidering turning over many responsibil- ocean, the bottom line is that the peo- light to negotiations with the Euro- ities to State and local governments, I ple that use the beaches and take ad- peans on this project. I hope negotia- believe we should maintain Federal vantage of that shore protection tions can move forward swiftly and support for flood control projects. project are from a number of states and that we can inaugurate a new, truly The devastating damage from last many times not even a majority from international era in research, an era year’s floods are a clear reminder that our own State of New Jersey. that will also ensure that American our lives, our infrastructure, and our physics continues to strive. b 1500 economy depend on these projects. This Mr. BEVILL. Mr. Chairman, I yield 3 bill maintains that commitment. I ap- So the policy simply makes no sense. minutes to the gentleman from Texas Also I think about the fact that the plaud the work of the chairman, the [Mr. BENTSEN]. ranking member, and my fellow Texan, Federal Government and the Corps (Mr. BENTSEN asked and was given Mr. CHAPMAN. I urge my colleagues to have the expertise, the consulting, en- permission to revise and extend his re- support H.R. 1905. gineering and construction expertise to marks.) do these projects, which the state and Mr. BENTSEN. Mr. Chairman, I Mr. MYERS of Indiana. Mr. Chair- the local municipalities do not. would first like to thank Mr. BEVILL, man, I yield 2 minutes to the gen- So overall, I just wanted to commend the ranking minority member on the tleman from Nebraska [Mr. BEREUTER]. again the subcommittee for moving Energy and Water Subcommittee, for (Mr. BEREUTER asked and was ahead with projects and basically set- the opportunity to speak on this im- given permission to revise and extend ting aside the President’s recommenda- portant piece of legislation. his remarks.) tions. Earlier this year the Clinton admin- Mr. BEREUTER. Mr. Chairman, this One of the things I am still concerned istration and the Army Corps of Engi- Member rises in strong support of H.R. about though is I do think it is nec- neers proposed a phase-out of Federal 1905 and would like to commend the essary and I know that the subcommit- funding for local flood control projects. distinguished gentleman from Indiana July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6779

[Mr. MYERS], the chairman of the En- NE. Therefore, this Member is ex- tidal flooding and shore erosion and ergy and Water Development Sub- tremely pleased the committee agreed damage to shore-front development, committee, and the distinguished gen- to continue funding for the Lower most recently in 1992. tleman from Alabama [Mr. BEVILL], the Platte River and tributaries flood con- Since the committee has rejected the ranking member of the subcommittee, trol study. This study should help to President’s proposal with regard to for their exceptional work in bringing formulate and develop feasible solu- shore protection studies and since New this bill to the floor. Extremely tight tions which will alleviate future flood York State has already provided budgetary constraints made the job of problems along the Lower Platte River money for its share of the project, the subcommittee much more difficult. and tributaries. Additionally, the bill would the chairman be willing to work The subcommittee is to be commended provides continued funding for a flood- with me as the bill moves through the for its diligence in creating such a fis- plain study of the Antelope Creek process to see that the Federal Govern- cally responsible bill. In light of these which runs through the heart of Ne- ment provides its share of the cost? budgetary pressures, this Member braska’s capital city, Lincoln. Mr. MYERS of Indiana. Mr. Chair- would like to express his appreciation Finally, Mr. Chairman, this Member man, will the gentleman yield? to the subcommittee and formally rec- strongly commends the subcommittee Mr. ACKERMAN. I yield to the gen- ognize that the energy and water devel- for rejecting the administration’s pro- tleman from Indiana. opment appropriations bill for fiscal posed policy which would radically re- Mr. MYERS of Indiana. Mr. Chair- year 1996 includes funding for several vise the Army Corps of Engineers’ mis- man, the committee has worked with water projects that are of great impor- sion and severely restrict its role in the gentleman from New York on this tance to Nebraska. local flood control projects. The rigid erosion problem for a number of years Importantly, the bill provides fund- set of criteria proposed by the adminis- and is well aware of the problem. We ing for two Missouri River projects tration would greatly restrict the certainly shall be working to make which are designed to remedy problems Corps’ presence in numerous states. sure that the reconnaissance study is of erosion, loss of fish and wildlife Under the new criteria, projects would be done and be working toward solving habitat, and sedimentation. First, the limited to those in which first, more than half the problem that you have. bill provides $5.7 million for the four- the damaging flood water comes from outside Mr. ACKERMAN. Mr. Chairman, I State Missouri River Mitigation the boundaries of the State where the damage thank the gentleman for his support in project. This funding is needed to re- is occurring; second, the benefit-to-cost-ratio is the past and for his pledge of support store fish and wildlife habitat lost due two or greater; and third, the non-Federal as this process moves forward. I am to the federally sponsored channeliza- sponsor is able and willing to pay 75 percent deeply appreciative. tion and stabilization projects of the of the first cost of the project. These require- I would also like to thank the gen- Pick-Sloan era. The islands, wetlands, ments set an impossibly high threshold for tleman from Alabama as well as for his and flat floodplains needed to support many necessary and worthy projects. support in the past on this project and the wildlife and waterfowl that once The administration's proposed changes ask the distinguished ranking member lived along the river are gone. An esti- would result in a seriously short sighted and for his continued assistance in the fu- mated 475,000 acres of habitat in Iowa, misguided policy. They would delay urgently ture as this bill moves through the leg- Nebraska, Missouri, and Kansas have needed projects and result in unnecessary islative process. been lost. Today’s fishery resources are costs for states. Under such a policy, each Mr. BEVILL. Mr. Chairman, will the estimated to be only one-fifth of those state would be forced to obtain the contract- gentleman yield? which existed in predevelopment days. ing, engineering, and construction experience Mr. ACKERMAN. I yield to the gen- The Missouri River Mitigation which the Corps already possesses. This tleman from Alabama. project addresses fish and wildlife habi- Member is pleased the subcommittee firmly Mr. BEVILL. Mr. Chairman, I concur tat concerns much more effectively rejected this seriously flawed administration with the remarks of the gentleman than the Corps’ overwhelmingly un- proposal. from Indiana [Mr. MYERS] pertaining popular and ill-conceived proposed Again, Mr. Chairman, this Member com- to this project. changes to the Missouri River master mends the distinguished gentleman from Indi- Mr. ACKERMAN. Mr. Chairman, I manual. Although the Corps’ proposed ana [Mr. MYERS], the chairman of the sub- thank both distinguished gentlemen. plan was designed to improve fish and committee, and the distinguished gentleman Mr. MYERS of Indiana. Mr. Chair- wildlife habitat, these environmental from Alabama [Mr. BEVILL], the ranking mem- man, I yield 2 minutes to the gen- issues are already being addressed by ber of the subcommittee for their continued tleman from New Jersey [Mr. the Missouri River Mitigation project. support of projects which are important to Ne- FRELINGHUYSEN], a very valued new In 1986 the Congress authorized over $50 braska and the First Congressional District, as member of this committee. million to fund the Missouri River well as to the people living in the Missouri (Mr. FRELINGHUYSEN asked and Mitigation project to restore fish and River Basin. was given permission to revise and ex- wildlife habitat lost due to the con- Again, Mr. Chairman, I commend the tend his remarks.) struction of structures to implement distinguished gentlemen and the sub- Mr. FRELINGHUYSEN. Mr. Chair- the Pick-Sloan plan. committee for their work. Their efforts man, I rise today in support of H.R. Second, the bill provides $200,000 for have been appreciated by this Member 1905 making appropriations for energy operation and maintenance and $20,000 and my colleagues from Nebraska and and water development for fiscal year for construction of the Missouri Na- elsewhere in the Missouri River Basin. 1996. As a new member of this sub- tional Recreation River project. This Mr. Chairman, I thank the gentleman committee, I would like to thank project addresses a serious problem in for yielding time to me. Chairman MYERS and ranking member protecting the river banks from the ex- Mr. BEVILL. Mr. Chairman, I yield 2 BEVILL for their leadership and direc- traordinary and excessive erosion rates minutes to the gentleman from New tion. I would also like to thank the caused by the sporadic and varying re- York [Mr. ACKERMAN]. dedicated and capable staff of the sub- leases from the Gavins Point Dam. Mr. ACKERMAN. Mr. Chairman, I committee for their expertise and These erosion rates are a result of pre- rise to engage the chairman of the knowledge of these important issues. vious work on the river by the Federal committee in a brief colloquy, if I The bill before the House today re- Government. might. duces spending and downsizes the Fed- In addition, the bill provides funding Mr. Chairman, the committee has in- eral Government, while maintaining for flood-related projects of tremen- cluded money in H.R. 1905 to complete funding for critical flood safety dous importance to residents of Ne- the reconnaissance portion of the projects, coastal protection, and impor- braska’s First Congressional District. coastal erosion study on the north tant energy research programs like fu- Mr. Chairman, flooding in 1993 tempo- shore of Long Island, but it does not sion energy. rarily closed Interstate 80 and seri- contain money to begin the feasibility We had to make the tough choices ously threatened the Lincoln munici- portion of that study. about where to reduce spending while pal water system which is located As the chairman knows, the north supporting programs that are in the along the Platte River near Ashland, shore has had an extensive history of best interest of our country. H 6780 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Overall the bill reflects the changing tons, stored at DOE sites around the Do I agree with every line item in the priorities of the new Congress by re- nation. bill? Of course not. ducing spending for the Department of This electrometallurgical research But I see this bill as laying the foun- Energy, Bureau of Reclamation, and could save taxpayers billions of dollars dation for a new partnership that we other agencies by almost $1.6 billion by treating spent fuel that cannot be can build on next year. from last year’s level: An 8-percent re- disposed of safely. The National Acad- I urge my colleagues to support this duction. Unlike the budget resolution emy of Sciences supports continued bill. which passed the House in May, the de- funding of this nuclear technology re- Mr. Chairman, I thank the ranking cisions in this bill will directly reduce search, saying that it represents prom- member, the gentleman from Alabama Federal spending and are essential in ising technology for treating a variety [Mr. BEVILL], and the gentleman from our efforts to reach a balanced budget. of DOE spent fuels. Indiana [Mr. MYERS], again for the I am also very pleased with the sub- In addition, further funding of the re- great cooperation we have had in put- committee decision to flatly reject the search is predicated on the continued ting this together. President’s wish to end flood control approval of the National Academy of Mr. BEVILL. Mr. Chairman, I have and coastal protection projects. These Sciences so that funding for the nu- no further requests for time, and I projects are nationally significant and clear technology research and develop- yield back the balance of my time. it is my belief that the President’s pol- ment program was requested by the Mr. MYERS of Indiana. Mr. Chair- icy, was ill-conceived and not founded Clinton administration and the Depart- man, I thank the authorizing commit- on solid fact. By rejecting the Presi- ment of Energy. tees for the nice words they have said. dent’s policy, New Jersey’s shore and At $18 million, the nuclear tech- Mr. Chairman, I yield back the balance flood prone areas will be protected nology program has already been cut 28 of my time, and I hope the authorizing again. percent below the fiscal year 1995 level, committees continue to work as they This bill represents real progress to- 50 percent below the fiscal year 1996 re- have. ward a smaller, smarter government. It quest, and I believe that it is sound Mr. MILLER of California. Mr. Chair- is one more step closer to balancing science. man, I rise in support of H.R. 1905 mak- the budget and keeping our promises to Again, I commend the gentleman ing appropriations for the energy and YERS] for the lead- the American people. Mr. Chairman, I from Indiana [Mr. M water development for fiscal year 1996. urge the adoption of this bill. ership that he has shown in a very dif- This bill provides funds for critical flood con- Mr. MYERS of Indiana. Mr. Chair- ficult task, I know, in putting together trol and navigation projects in Contra Costa man, I thank the gentleman for his re- this appropriation bill. marks. The subcommittee continues to County and the San Francisco Bay Area of b be a supporter of fusion, but the plas- 1515 California. I appreciate the Committee's con- ma research will continue. Mr. MYERS of Indiana. Mr. Chair- tinued support for these projects. Mr. Chairman, I yield 2 minutes to man, I thank the gentleman for his H.R. 1905 and the accompanying Commit- the gentleman from Illinois [Mr. FA- leadership. This committee has worked tee report also raise several issues which I will WELL]. very closely with the authorizing com- address in my capacity as Ranking Demo- Mr. FAWELL. Mr. Chairman, I thank mittee, the gentleman from Illinois cratic Member of the Committee on Re- the gentleman very much and com- [Mr. FAWELL], and certainly the gen- sources. mend him for the leadership he has ex- tleman from California [Mr. First, H.R. 1905 will fund important individ- ercised in bringing this bill to the ROHRABACHER], who we have worked ual projects and program activities of the Bu- floor. I certainly rise in support of the very closely with. reau of Reclamation. The Bureau of Reclama- Energy and Water Appropriation Act of Mr. Chairman, I yield 1 minute to the tion has demonstrated consistent leadership in 1995. gentleman from California [Mr. the Administration's efforts to implement sig- As a fiscal conservative Member, I ROHRABACHER]. nificant reforms to Federal water management believe that we have a moral impera- Mr. ROHRABACHER. Mr. Chairman, and construction programs. tive to balance the Federal budget. I rise in support of this bill. Second, H.R. 1905 includes significant fund- Surely every area of Federal spending This energy and water appropriations ing to implement various programs authorized must be open to the possibility of re- bill reflects the tough choices made by by P.L. 102±575, the Reclamation Projects duction, and no role of the Federal members of the Appropriations Sub- Authorization and Adjustment Act of 1992. In Government must remain unexamined. committee to put us on the path to a particular, title 34 of the law, the Central Val- Equally important, however, is our balanced budget in 7 years. ley Project Improvement Act [CVPIA], includes quest to balance the budget, however, As chairman of the authorizing sub- many innovative measures to conserve water with the knowledge that we must and committee for a portion of this bill, I and to restore fish and wildlife habitat that has we cannot afford to be penny-wise and would like to commend both Chairman been adversely affected by the development pound-foolish. MYERS and the ranking minority mem- of water and power projects in California. A few weeks ago, the House Commit- ber, Mr. BEVILL, and their staffs, for a Water marketing, changes in project oper- tee on Science moved to reauthorize good faith attempt to work with the ations and water allocations, incentives for the budget for the Department of En- Science Committee and its staff in conservation, and specific goals for fish and ergy and the science and technology crafting the portions of this bill that wildlife restoration are all included in this title. programs it oversees. As a member of apply to programs under Science Com- I am in complete support of the Bureau of the committee, I commend the House mittee jurisdiction. Reclamation's efforts to fairly and promptly im- Committee on Appropriations for its This year’s bill was not produced plement the provisions of the CVPIA, and I adherence to authorization legislation under ideal circumstances. strongly oppose any attempts to amend this adopted by the Committee on Science. The press of legislation during the law through the appropriations process. I spe- During consideration of H.R. 1905, first 100 days before many of the com- cifically note at this time my strong objections there may be an amendment to strike mittees were fully reorganized and to language contained in the Committee Re- $18 million for the nuclear technology staffed-up hampered the process. port accompanying H.R. 1905 (House Report research and development at Argonne The result is not an ideal product but 104±149), which ``directs that the $1,000,000 National Laboratory both in Idaho does represent an historic change in requested for the San Joaquin River Basin Falls and in the State of Illinois. the authorization/appropriations proc- Resource Management Initiative not be ex- The environmental nuclear waste ess. pended for that purpose.'' As my colleagues treatment program, electrorefining of Rather than take a meat-ax approach are well aware, this study is required by law; spent nuclear fuel, has the strong po- to budget reductions, the bill attempts, it is not optional. The study was authorized so tential to significantly reduce the as we did in the Science Committee, to that we could determine what needs to be amount of high level waste and spent preserve basic research funding while done to restore fish to the San Joaquin River, nuclear fuel, decreasing the toxicity terminating market and development where irrigation water deliveries have wiped and the volume of over 100 different programs that are best handled by the out several stocks of commercially valuable types of spent fuel, some 2700 metric private sector. anadromous fish. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6781 The Appropriations Committee is obviously penses associated with the cleanup of while the measures suggested by the Appro- determined to kill this study and prevent peo- Kesterson Reservoir and the completion of the priations Committee will encourage conflict ple from learning the truth about the destruc- San Joaquin Valley Drainage Study Program. and will probably do little to sustain the salm- tion of fishery resources in the San Joaquin Under current law, these costs are a legal re- on. River. The effort to kill this study is important sponsibility of the water users whose contami- If the agencies cannot take the regionally- only to a small group of CVP beneficiaries nated irrigation wastewater has caused this supported steps towards salmon recovery, far who continue to profit from their subsidized massive pollution problem. They should be re- more disruptive and costly actions may be re- water supplies at the expense of California's quired to pay their bills just like everybody quired to make sure the salmon are not driven commercial and sport fish resources. I wish to else. to extinction. Forcing the agencies into this po- associate myself with the views of my col- I also remind my colleagues that committee sition defies common sense. league from California, Ms. PELOSI, who cor- report language from last year's Energy and Finally, I note that the Committee rec- rectly noted that ``the San Joaquin study has Water bill specifically noted that repayment of ommendation includes $94,225,000 for con- been authorized by Congress and is being these cleanup and study costs should begin struction of the Central Arizona Project, a gen- conducted properly by the Bureau of Reclama- soon after the Bureau's report was made erous $1,500,000 above the budget request. tion. It should be allowed to proceed without available: While I am generally supportive of plans to interference from special interests.'' It was and is the intent of the Committee complete this project, I note that recent at- Third, with regard to the repayment of costs that the [forthcoming Interior Department] tempts to negotiate a ``restructuring'' of repay- of cleaning up Kesterson Reservoir and con- report be used as a resource to assist in the ment terms for the Central Arizona Project ducting the San Joaquin Valley Drainage fair and just apportionment of Kesterson and have failed. It is likely that the project spon- Study Program, I am concerned that the Ap- other drainage related costs and not serve as sors will soon begin a costly legal battle to propriations Committee is again attempting to a method of delaying indefinitely repayment settle their disputes with the United States obligations. (House Report 103–533). legislate matters of policy without consulting over the amount of money owed for repay- the authorizing Committee. Since FY 1991, House Appropriations Com- ment of project construction costs. At the My colleagues will recall that the Federal mittee Report language has directed the De- present time, hundreds of millions of dollars Government has spent approximately $35 mil- partment specifically not to collect payments are in dispute, and there is no guarantee that lion for the cleanup of Kesterson Reservoir, a from water users until the Bureau of Reclama- these costs will ever be repaid. It should fur- series of ponds in the San Joaquin Valley that tion completed the report on allocation of ther be noted that we have already provided were built in the 1970's to contain subsurface costs. That report was received over four tens of millions of dollars to make extensive irrigation drainage water collected from farms months ago. Now that the Bureau of Reclama- repairs to the CAP water delivery system, and in the Bureau of Reclamation's San Luis Unit, tion has submitted the report we requested, I suspect we have just started to understand part of the Central Valley Project. The the water users have decided that they don't how much this project will eventually cost the Kesterson facility was closed in March of 1985 like the conclusions of that report and they taxpayers. by then-Secretary of the Interior Donald Hodel have asked the Appropriations Committee to Mr. FAZIO of California. Mr. Chairman, I rise because the drainage water was contaminated indefinitely delay the repayment. This is di- in strong support of H.R. 1905, the Energy with selenium and other chemicals. Many mi- rectly contrary to representations made to this and Water Appropriations bill. gratory birds using the Kesterson ponds were House by the water users regarding their in- I wish to thank the members of the sub- being killed in violation of the Migratory Bird tention to proceed with repayment once the committee and full committee for their efforts Treaty Act. Other birds were hatched with gro- results of the Bureau's study were made avail- in developing this measure. Developing this tesque deformities caused by selenium poi- able. proposal was a difficult challenge for all of us soning. Congress has appropriated tens of The fact of the matter is that the Central considering the tough financial choices we had millions of dollars to clean up this mess on be- Valley Project and San Luis Unit water users to make. half of the project beneficiaries of the San Luis are accountable by current law for the money Even in that light, Mr. Speaker, this House Unit, and we have also funded extensive that has been spent on Kesterson cleanup appropriations bill reflects a relatively balanced multi-disciplinary and multi-agency studies of and the San Joaquin Valley Drainage Pro- approach for energy and water, although I how to reduce or eliminate irrigation drainage gram. have some reservations regarding solar and contamination. Until the authorizing Committees and the renewables which was cut in half. There is no legislative language in H.R. Full House and Senate and the President As my colleagues know, I am and always 1905 that would amend current law regarding have had an opportunity to review information have been a strong supporter of Solar and repayment responsibilities for cleaning up on cleanup costs and decide whether changes Renewable Energy and would have preferred Kesterson Reservoir and conducting the San to current law are appropriate or not, the Sec- an increased level of funding. I offered an Joaquin Valley Drainage Study Program. The retary of the Interior is obligated to begin col- amendment in committee to add back $15 mil- report accompanying H.R. 1905, however lecting money. The study released this year by lion which was successful. While I am happy (House Report 104±149), refers to a recent re- the Bureau of Reclamation supports that con- about this modest increase, more is still need- port from the Bureau of Reclamation, and conclusion. There is no basis whatsoever for the ed. That is why I have coauthored the Klug cludes that San Luis Unit contractors should Appropriations Committee to indefinitely for- amendment which will restore funding for solar work with the Bureau of Reclamation ``to de- give the proper repayment of these costs, and and renewable energy. velop a reasonable and cost-effective drainage this language is not and should not be con- Mr. Speaker, I know there also will be an at- solution''. The Committee Report also contains strued as binding on the Secretary. tempt to delete funds for the Gas Turbine- the following statement regarding the subject Fourth, the elimination of funding for the Bu- Modular Helium Reactor [GT-MHR] Program. I of Kesterson and drainage study repayment: reau of Reclamation and the Army Corps of think deleting this funding would be a big mis- The Committee believes it is premature for Engineers to assist salmon migration in the take and I urge my colleagues to support the Reclamation to collect any costs before Columbia River basin is outrageously short- Appropriations Committee recommendation. these negotiations are complete and appro- sighted. These are not trivial actions by the The bill includes funding for the biochemical priate drainage service is provided. There- Bureau and the Corps; the agencies agreed to conversion program in the solar and renew- fore, the Committee directs that the Bureau take these steps only in response to a court of Reclamation take no action to collect able accounts that fully supports the level rec- costs associated with the Kesterson Res- order. The court concluded that ``business as ommended by the House Science Committee. ervoir Cleanup Program or the San Joaquin usual'' in the Columbia basin could place en- This nation now consumes 70 percent of its Valley Drainage Program until drainage dangered salmon in jeopardy of final extinc- energy in the transportation sector, predomi- service negotiations are complete, drainage tion. nantly liquid fuel petroleum. Once again, over service is provided, or the authorizing Com- In part as a result of the court's decision, half this oil is imported. Therefore, efficient mittee has acted on this issue. the agencies have tried to find the most cost- production of ethanol should be a high na- The above conclusion and Committee direc- effective and least disruptive solution to salm- tional priority. tive to the Bureau of Reclamation are unwar- on migration. The Bureau of Reclamation has The bill includes critical water resource ranted and are not supported by any facts been purchasing water from willing sellers in projects in every State and every region of the whatsoever. Without even consulting the au- the Snake River basin and the Corps has country which will help environmental restora- thorizing committee, the Appropriations Com- been studying the possibility of lowering the tion and improvement. mittee has decided to indefinitely forgive the John Day reservoir during migratory periods. We have provided funding for the key en- repayment of tens of millions of dollars in ex- These measures enjoy broad regional support, ergy, science and water projects, and we have H 6782 CONGRESSIONAL RECORD — HOUSE July 11, 1995 done so within our subcommittee's allocation. Point to the Fire Island Inlet, will provide valu- the International Affairs Budget of the Bureau. We are under the President's budget request, able long-term information on the coastal proc- In August 1993 the Commissioner stated, under the 602(b) allocation, and under the esses of Long Island's south shore. It is ex- International Major Civil Works Construc- amount appropriated last year. pected to take approximately 10 years and tion does not fit or contribute to Reclama- This bill is a joint effort to hold the line finan- $14 million to complete. Over the past two fis- tion’s new direction and should be phased cially and continue the process of downsizing. cal years, a total of $5 million has been appro- out in order to make human resources and It is about looking ahead for our children's fu- priated by this committee for the reformulation funding available. ture and making our economy stronger and study. This has provided important information Even the Clinton administration's own offi- our communities safer. I strongly urge a yes and will lay the groundwork for possible in- cials agreed with this analysis and have vote on this year's Energy and Water Appro- terim projects needed to shore-up Long Is- adopted a policy to reduce the Bureau's priations bill. land's coastline. The fiscal year 1996 segment spending. Mr. LAZIO of New York. Mr. Chairman, I rise of the study will cost $2.18 million, and this The United States spends enough on for- today to support H.R. 1905, the FY 1996 En- amount was included in H.R. 1905 as part of eign aid without subsidizing water projects in ergy and Water Appropriations bill. a $10.4 million total appropriation in this area. wealthy countries. Make the Bureau of Rec- As you may know, part of my district lies Moving away from flood protection, the final lamation live up to its own claims of a new di- along New York's Atlantic Coast. Like coastal project is a navigation project. The waterways rection of responsible resource management. areas in many parts of the country, the barrier involved, Reynolds Channel and the New York Mr. Chairman, I am pleased that Mrs. SMITH islands along the coast in my district have State Boat Channel, run through the western has worked with the leadership on this impor- been hit extremely hard by the storms of the portion of my district, part of Congressman tant amendment and I am pleased to support the Smith amendment to the Energy and past few winters and remain in a delicate PETER KING's district, 3rd CD, and part of Con- Water Appropriations bill. In addition, I want to state, vulnerable to breaches and overwashes. gressman DAN FRISA's district, 4th CD. The Thankfully, this winter was relatively mild, but State and local municipalities have only been commend the gentleman from Indiana, Mr. past damage has never been corrected, and a able to maintain these waterways on a limited MYERS, for taking the steps to ensure that the storm of any significance could be devastating basis, causing safety concerns among the par- important programs in this appropriation bill to the mainland of Long Island. ties that use them. Subsequently, the State are protected while we continue to strive for a The barrier islands protect Long Island in and local municipalities have sought Federal balanced budget for the American taxpayer. the same manner that the levees on the Mis- assistance. A request for an appropriation of Mr. MCDERMOTT. Mr. Chairman, I rise in sissippi River protect the river towns. A vulner- $170,000 has been included in the President's strong opposition to the treatment of renewable barrier island system cannot protect Long fiscal year 1996 budget in order to complete able energy and energy conservation pro- Island's south shore, which has a multi-billion the reconnaissance phase and initiate the fea- grams in the fiscal year 1996 Appropriation dollar economy and significant public infra- sibility phase, and again, that amount was bills. These bills threaten America's commit- structure. The barriers afford protection to the granted in this bill. There is strong local inter- ment to proven energy sources and their sub- freshwater wetlands and waters of the back est and support in improving navigation stantial economic and environmental benefits. bays, thus nurturing the clamming and fishing through Reynolds Channel and the New York In the rush to cut the Federal budget, Con- industries. Furthermore, Fire Island, Jones Is- State Boat Channel. These waterways provide gress should not recklessly endanger Ameri- land, Long Beach Island and the rest of Long important thoroughfares for large volumes of ca's future environmental health and economic Island's barrier system provide recreation for industrial and commercial traffic. competitiveness. Renewable energy and energy conservation programs will improve the citizens of Long Island and tourists from all In this time of tight budgets on every level, America's future by offering clean energy over the world. As the tourism industry is the I understand the fiscal constraints we face. I sources at an affordable cost. Instead of cut- largest employer on Long Island, loss of this agree that every expenditure must pass strin- ting these programs, we should be expanding vital resource will means loss of jobs. gent economic tests, and I am confident that, While the President's budget recommends our commitment and support. upon examination, expenditure for these that the Army Corps of Engineers get out of Gains in renewable energy are made almost projects will pass such tests. The importance the business of local flood and shore protec- daily. Energy generated by the wind is now of the waterways and the barrier islands to tion, I believe the Army Corps has a cost-ef- being competitively marketed in the State of homes and businesses on Long Island and fective and justifiable role in these projects. Washington at 3.5 cents per kilowatt hour. In New York cannot be stressed enough. As Savings can surely be made in the way the addition to existing solar energy stations, Westhampton has taught us, the establish- Corps carries out its mission. But the mission plans for a high volume solar energy plant in ment of protective measures now will save the itself is vital to the Nation's coastal commu- Nevada will competitively market solar energy Federal, State, and local government millions nities, and it is not one that can be easily in rural areas at a price of 5.5 cents per kwh. of dollars in the long term. I urge my col- transferred to State or local governments. The Besides being cheap, there are no hidden leagues to support this bill. shoreline protection projects the Corps is in- costsÐsuch as environmental degradation volved in are vitally important to the livelihood Mr. MARTINI. Mr. Chairman, I want to com- through air pollution or threats to human of the communities they seek to protect and mend the gentlewoman from Washington health. often end up saving the taxpayers money in State with respect to her amendment. Republican efforts to cut renewable energy the long run. I find it bizarre that the Federal Government research and development and conservation The first project would provide New York of the United States would consider sending programs by almost 50 percent below fiscal with accurate, real-time information on its American taxpayer funds to some of the year 1995 levels sets back the Nation's at- coastal processes. Many coastal states al- wealthiest countries in the world. Especially in tempt to kick its harmful addiction to fossil ready have monitoring systems in place, and a time when we are trying to take the nec- fuels. While prices for fossil fuels fluctuate on such a system is essential for New York. A essary steps to balance our Federal budget a whim, fuel costs for renewable energy are federally funded monitoring system was au- within 7 years. zero. If strides are not made in finding alter- thorized for New York in the 1992 Water Re- The Bureau of Reclamation is spending tax- native energy sources today, it is estimated sources Development Act, and appropriations payer funds on water projects in the oil rich that by the year 2010, foreign oil will make up have been made over the past 2 years to initi- countries of the Middle East. As my colleague 65 percent of U.S. oil consumption. Without an ate its implementation. realizes, the Bureau of Reclamation is a water alternative energy plan, the Nation's addictive As the authorization states, successful im- resource agency in 17 contiguous western reliance on oilÐboth U.S. and foreignÐwill plementation will take $1.4 million for up to 5 States, primarily for irrigation. It is supposed to continue to harm the global environment and years, at which time the State of New York will focus its efforts on western water and power increase the Nation's trade deficit by billions of take over funding and program implementa- related issues. Apparently, the Agency has dollars. tion. The President has included the full $1.4 taken it upon itself to provide water projects In addition to finding new sources of energy, million for this program in his fiscal year 1996 for the rest of the world regardless of financial it is important to remember that much can be budget request, and the fiscal year 1996 En- status. I think we need to take steps to ensure saved conserving what we already have. The ergy and Water Development Appropriations that we are providing for our country before Interior Appropriations bill, to be debated later bill also allocates this amount. we begin to provide this type of aid to our for- this week, makes substantial cuts in energy The second project has also been re- eign neighbors. conservation. For example, by the year 2000, quested by the President. This project, the re- The amendment from the gentlewoman from a $150 million investment in energy conserva- formulation study of the area from Montauk Washington State would cut the spending for tion programs will save my own State of July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6783

Washington almost $700 million, reduce CO2 wish to end flood control and coastal protec- clude nuclear research, weapons stewardship, emissions by 1.74 millions of metric tons per tion projects. These projects are ``nationally and nuclear waste management. carbon equivalent [MMTCE]Ðand create more significant'' and it is my belief that the Presi- To be candid, I am not happy about every than 10,000 jobs across the State. If the con- dent's policy was ill-conceived and not found- provision of this appropriations bill. For exam- servation programs escape radical cuts from ed on solid fact. By rejecting the President's ple, I would support smaller cuts in the fusion the budget knife, the country stands to save policy, New Jersey's shore and flood-prone energy program that promises a safe and in- over $21 billion in energy costs in the year areas will be protected again. expensive energy source for the future. And I 2000 and would reduce its carbon emissions This bill represents real progress toward a would seek further cuts in some of the applied by 4.3 percent. Clearly, relatively small invest- smaller, smarter government. It is one more technologies, like the solar and renewable en- ments today could provide huge savings in the step closer to balancing the budget and keep- ergy program. But we cannot let perfection be future. ing our promises to the American people. Mr. the enemy of the good. This bill restores pru- Unfortunately, the Republicans don't want to Chairman, I urge the adoption of this bill. dence by balancing our interest in fiscal re- hear these facts, and, instead, prefer to cut Mr. KNOLLENBERG. Mr. Chairman, I rise in sponsibility and our interest in a safe, clean state weatherization programs by 50 percent. support of this bill. and efficient energy and water program. Programs that not only will save energy, they This is a good bill. This bill was created in I seek and encourage your support of this keep low income individuals warm in the win- the spirit of fiscal constraint, yet it prudently bill. ter, help institutions such as hospitals become continues the gradual downsizing of the Fed- Mr. SMITH of New Jersey. Mr. Chairman, I more energy efficient, and spur the local econ- eral energy and water program. I believe it is appreciate this opportunity to speak to several omy. We are so close to providing reliable alter- imperative for this Nation to set its priorities provisions of the Energy and Water Appropria- native sources of energyÐthrough renewables regarding Federal spending. This bill has cut tions bill for fiscal year 1996 which will pro- and energy conservationÐwhich will have almost $1.6 billion from the 1995 budget and foundly affect my home State of New Jersey. lasting benefits to us all. Why stop now? over $2 billion from the Administration's rec- First of all, I am pleased that the committee Congress should be working to improve ommendation. In consideration of these cuts, has soundly rejected President Clinton's short- America's future by building on today's suc- this bill prioritizes where the funds should be sighted proposal to phase out the important cesses. Let's not squander this opportunity by appropriated. work of the Army Corps of Engineers in shore turning our backs on sources of energy that The Energy and Water Appropriation Sub- protection, navigation, and flood study. The are vital to improving America's economy and committee has placed a high priority on basic Army Corps has worked to reduce erosion its environment. research and development. During the past 17 along the Jersey Shore, to make waterways The Republican budgetary treatment of re- years since the creation of the Department of safe for fishing and commercial boat passage, newable energy and energy conservation is Energy, the DOE's focus has been dispersed and has protected homeowners from flooding. short-sighted and foolish. I cannot support bills to a wide array of large Federal programs. There is still work to be done. so absurd in thinking that they ignore the obvi- Solar and renewables, magnetic fusion, nu- The Shore is the lifeblood of my home State ous benefits of establishing clean and efficient clear, and fossil energy begin the list of en- of New Jersey. The Coast Alliance estimates alternative sources of energy. I urge you to ergy sources the Department of Energy that three-quarters of the State is located in vote against this legislation. Thank you. spends billions of dollars each year in an at- the coastal zone and that more than 90 per- Mr. FRELINGHUYSEN. Mr. Chairman, I rise tempt to find the safe and efficient answer to cent of the people in the Nation's most popu- today in support of H.R. 1905 making appro- our energy needs. lated State live in this coastal zone. These priations for energy and water development for Frankly, I believe an open and free market people depend on the Army Corps' experience fiscal year 1996. As a new member of this is a preferable forum to decide our Nation's and know-how to maintain the quality of life subcommittee, I would like to thank Chairman energy policy. Withstanding my commitment to they have come to know. In addition, the MYERS and Ranking Member BEVILL for their a free market, I do recognize that the Federal coastal zone contributes more than $79 bil- leadership and direction. I would also like to Government has a proper role in Energy pol- lionÐor over half of the State's gross State thank the dedicated and capable staff of the icy to a limited extent, especially in basic re- productÐto the New Jersey economy through subcommittee for their expertise and knowl- search and development. tourism, fishing, and boating or other rec- edge of these important issues. However, once an energy discovery be- reational activities. The bill before the House today reduces comes an applicable energy source, I believe While we all realize that cuts in Federal spending and downsizes the Federal Govern- the role of the Federal Government should be spending are necessary, they should not be ment, while maintaining funding for critical limited, and eventually eliminated. Let the en- arbitrary and they should be based on sound flood safety projects, coastal protection, and trepreneurial spirit of America apply tech- cost-benefit analyses. The President's pro- important energy research programs like fu- nology obtained through basic research and posal disregarded the long-term benefits of the sion energy. We had to make the tough development into a practical application. Let Army Corps' work and simply shifted much of choices about where to reduce spending while the working American family encourage the the cost of their work to the states. I am proud supporting programs that are in the best inter- entrepreneur through the direct support of this to have been part of a bipartisan group of leg- est of our country. Overall the bill reflects the changing prior- entrepreneur's innovation. Encourage the indi- islators who successfully worked against this ities of the new Congress by reducing spend- vidual innovator by removing burdensome and proposal from its very onset. ing for the Department of Energy, Bureau of intrusive regulations. Don't stifle the scientists' In addition, Mr. Chairman, as if to provide Reclamation, and other agencies by almost imagination by forcing him to plod through a evidence of the importance of the Army Corps $1.6 billion from last year's level. An 8-percent mountain of paper work to obtain Federal to New Jersey, H.R. 1905 includes two Corps reduction. Unlike the budget resolution which funding. And when the consumer chooses one projects in my district which will help to main- passed the House in May, the decisions in this energy source over another, don't interfere tain our strong fishing and tourism industries. bill will directly reduce Federal spending and with the consumer judgment. Specifically, the bill includes funding to com- are essential in our efforts to reach a balanced Although we have cut over $2 billion from plete a reconnaissance study of the erosion budget. the administration's budget, including over problem along the Shore from Manasquan Specifically, the bill will fund fusion energy $1.8 billion cut directly from the Department of Inlet to Barnegat Inlet. The study was begun research at $229 million, slightly below the Energy's budget, we did not eliminate the De- in fiscal year 1995 and, with the $290,000 ap- new authorized level. I am hopeful that as this partment of Energy itself. And it is not the Ap- propriated in H.R. 1905, will be completed this bill moves through the committee process we propriations proper role to do so. The proper year. The bill also provides for $100,000 to will be successful in meeting this new number. place for such legislation to be introduced is in begin work on maintenance dredging of the In another area, the bill will close the Ten- the authorizing committees, where an open Manasquan Inlet. nessee Valley Authority's environmental re- and full public debate can follow. It is impor- These appropriations, Mr. Chairman, are search center, a facility which I questioned the tant to understand that even if the Department modest, but the benefits they will bring to the need for during our hearing process. This is of Energy is disbanded, a number of programs State are enormous. Tourism is the second clearly not a priority when we have a $5 trillion would remain which require Federal oversight greatest contributor to the New Jersey econ- debt and we have an EPA that is responsible and interaction. For example, the largest focus omy, pumping in $22.6 billion in 1994 alone. for these same activities. of the DOE is its defense and national security A stable and preserved shoreline is vital to the I am also very pleased with the subcommit- programs which take up over 60 percent of success of that industry. In fact, in 1993, the tee decision to flatly reject the President's the Department's funding. These programs in- New Jersey coastal regions received almost H 6784 CONGRESSIONAL RECORD — HOUSE July 11, 1995 14 million overnight visitors who spent an esti- and water. With DOE oversight, much tleman from Pennsylvania [Mr. SHU- mated $10.3 billion and created more than progress has been made at Fernald in clean- STER] or his designee. That amendment 171,000 jobs. ing up these hazards. However, problems per- shall be considered read, is not subject Fishing is also a key industry to the State sist. to amendment, and is not subject to a economy. New Jersey leads the Nation in A specific proposal has been developed to demand for division of the question. clam production and is a major producer of accelerate remediation, so that the site will be Debate on the amendment is limited to scallops and other seafood. In 1993, the New clean in 10 years. Having reviewed the pro- 10 minutes, equally divided and con- Jersey commercial fishing fleet caught more posal and consulted with the various inter- trolled by the proponent and an oppo- than $96 million worth of seafood. In addition, ested parties, I am convinced it is a sound ap- nent of the amendment. anglers contributed more than $649 million to proach. It enjoys widespread support, could After disposition of that amendment, the State economy in 1993. Waterways, like serve as a model of successful cleanup ef- the bill as then perfected will be con- the Manasquan Inlet, must be maintained to forts, and would result in significant savings to sidered as original text. allow the fishing industry to do its work. the taxpayer. In fact, I understand that accel- During consideration of the bill for Mr. Chairman, while I am pleased that the erating the schedule for cleanup from 25 years amendment, the Chairman of the Com- Committee gave these Army Corps proposals down to 10 years would result in a savings to mittee of the Whole may accord prior- appropriate attention, I am disappointed that the taxpayer of approximately $1.4 billion. ity in recognition to a member who has the Committee has neglected another industry I am extremely pleased that the Appropria- caused an amendment to be printed in of importance not only to New Jersey, but to tions Committee has also specifically recog- the designated place in the CONGRES- the Nation, and that is fusion energy research. nized the prospects for immediate cleanup at SIONAL RECORD. Those amendments For years, the Princeton Plasma Physics Fernald. The Committee Report cites that, will be considered read. Lab in Princeton, New Jersey has been a key ``the Committee supports [Fernald's] proposal The clerk will designate title 1. contributor to the United States' efforts to de- to reduce costs and accelerate cleanup activi- The text of title 1 is as follows: velop fusion energy for mass consumer use. ties and expects the Department to make H.R. 1905 Just this past year, the Lab reached record every effort to increase funding for this Be it enacted by the Senate and House of Rep- levels of energy production and seemed to be project.'' resentatives of the United States of America in on its way to making this safe and clean en- Again, I urge my colleagues to support this Congress assembled, That the following sums ergy source a reality. Unfortunately, H.R. 1905 appropriations legislation. It provides fair fund- are appropriated, out of any money in the stops their progress just as it is beginning to ing levels for our national energy and water Treasury not otherwise appropriated, for the truly pay off. I am hopeful that this will be cor- priorities, including the cleanup of the Govern- fiscal year ending September 30, 1996, for en- rected as we move through the conference ment's nuclear waste sites, while still providing ergy and water development, and for other purposes, namely: process. for savings that will help move us to a bal- Mr. PORTMAN. Mr. Chairman, I rise today anced budget by 2002. Thank you. TITLE I in support of the Energy and Water Appropria- Mr. DE LA GARZA. Mr. Chairman, included in DEPARTMENT OF DEFENSE—CIVIL tions bill. This bill represents a good balance the fiscal year 1996 Energy and Water Appro- DEPARTMENT OF THE ARMY between competing interests for a limited pool priations package are two projects of great in- CORPS OF ENGINEERS—CIVIL of resources, and I applaud the Appropriations terest to me for which I want to express my The following appropriations shall be ex- Committee for their good efforts. support for funding. They are as follows: pended under the direction of the Secretary One issue that I have closely monitored dur- Corpus Christi Ship Channel, Texas, is a of the Army and the supervision of the Chief ing the formulation of this bill is the appropria- navigation project which is budgeted for oper- of Engineers for authorized civil functions of tion for the Department of Energy's [DOE] En- ations and maintenance at $2,190.000. Con- the Department of the Army pertaining to vironmental Restoration and Waste Manage- tinued funding of this project is essential due rivers and harbors, flood control, beach erosion, and related purposes. ment Budget. Those of us who represent dis- to the impact on the local economy. The tricts containing sites where the Department of project provides for widening and deepening GENERAL INVESTIGATIONS Energy carried out nuclear energy or weapons the existing channels to (40.5 miles) and ba- For expenses necessary for the collection research and production activities that resulted and study of basic information pertaining to sins from the Gulf of Mexico to deepwater river and harbor, flood control, shore protec- or weapons research and production activities ports at Harbor Island, Ingleside, and Corpus tion, and related projects, restudy of author- that resulted in radioactive and hazardous Christi, and a branch channel to the port of La ized projects, miscellaneous investigations, contamination are committed to ensuring that Quinta to provide a project depth of 45 feet. It and, when authorized by laws, surveys and this budget maintain responsible levels of also includes the construction of mooring detailed studies and plans and specifications funding to meet the Federal Government's areas and dolphins at Port Ingleside, one of projects prior to construction, $129,906,000, clean up obligations. If there are no funds to mooring area and six dolphins constructed ini- to remain available until expended, of which clean up the environmental and health haz- tially with seven others deferred to be con- funds are provided for the following projects ards caused by our nation's nuclear weapons in the amounts specified: structed when required. Norco Bluffs, California, $375,000; production, the sites will continue to cause an Lower Rio Grande Basin, South Main Chan- Indianapolis Central Waterfront, Indiana, imminent danger to citizens living near the fa- nel, Texas, is a comprehensive flood control- $2,000,000; cilities. drainage project which is budgeted at Ohio River Greenway, Indiana, $1,000,000; I believe the Environmental Restoration and $900,000. It provides the major outlet compo- and Waste Management Budget appropriation is nent of an overall flood protection plan for Mussers Dam, Middle Creek, Snyder Coun- fair given the Government's budget con- Willacy and Hidalgo Counties. The authorized ty, Pennsylvania, $300,000. straints. The recommended appropriation rep- plan calls for construction of a major channel CONSTRUCTION, GENERAL resents a 7.6 percent increase from last year's extending from near McAllen to the Laguna For the prosecution of river and harbor, budget, increasing spending from $4.9 billion Madre, and related fish and wildlife mitigating flood control, shore protection, and related in fiscal year 1995 to $5.3 billion in fiscal year measures. The authorized plan would provide projects authorized by laws; and detailed 1996. I understand that the committee has two year protection to rural areas which drain studies, and plans and specifications, of sought to protect funding for cleanup mile- projects (including those for development into the South Main Channel; one hundred with participation or under consideration for stones established in compliance agreements year flood protection to the cities of Edinburg, participation by States, local governments, by directing cuts against support service con- McAllen and Lyford; and 50-year flood protec- or private groups) authorized or made eligi- tracts, excessive headquarters and field over- tion for the cities of La Villa and Edcouch. ble for selection by law (but such studies sight, and by reducing the number of new con- The CHAIRMAN. All time for general shall not constitute a commitment of the struction starts proposed to begin in fiscal year debate has expired. Government to construction), $807,846,000, to 1996. I agree that it is important to ensure that Pursuant to the rule, the bill shall be remain available until expended, of which this funding is sued for actual clean up of considered under the 5-minute rule by such sums as are necessary pursuant to Pub- sites, instead of wasted on overhead costs. titles and each title shall be considered lic Law 99–662 shall be derived from the In- land Waterways Trust Fund, for one-half of The Fernald site, a former uranium process- read. the costs of construction and rehabilitation ing center, lies in my congressional district. At Before consideration of any other of inland waterways projects, including reha- no fault of their own, thousands of people liv- amendment, it shall be in order to con- bilitation costs for the Lock and Dam 25, ing near Fernald have potentially been ex- sider the amendment printed in House Mississippi River, Illinois and Missouri, posed to dangerous material in the air, soil Report 104–154 if offered by the gen- Lock and Dam 14, Mississippi River, Iowa, July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6785

Lock and Dam 24, Mississippi river, Illinois waters and wetlands, $101,000,000, to remain for any use of the MCFARLAND to perform and Missouri, and GIWW-Brazos River, available until expended. work other than emergency dredging work. Floodgates, Texas, projects, and of which FLOOD CONTROL AND COASTAL EMERGENCIES The CHAIRMAN. Are there any funds are provided for the following projects For expenses necessary for emergency points of order against title 1? in the amounts specified: flood control, hurricane, and shore protec- Red River Emergency Bank Protection, POINT OF ORDER tion activities, as authorized by section 5 of Mr. SHUSTER. Mr. Chairman, I Arkansas and Louisiana, $6,600,000; the Flood Control Act approved August 18, Sacramento River Flood Control Project 1941, as amended, $10,000,000, to remain avail- make a point of order against page 6, (Glenn-Colusa Irrigation District), Califor- able until expended. line 6, beginning with the words ‘‘pro- nia, $300,000; vided further,’’ through line 13 on page OIL SPILL RESEARCH San Timoteo Creek (Santa Ana River 6. For expenses necessary to carry out the Mainstem), California, $5,000,000; The CHAIRMAN. Does the gentleman Indiana Shoreline Erosion, Indiana, purposes of the Oil Spill Liability Trust $1,500,000; Fund, pursuant to Title VII of the Oil Pollu- from Indiana [Mr. MYERS] wish to be Harlan (Levisa and Tug Forks of the Big tion Act of 1990, $850,000, to be derived from heard on the point of order? Sandy River and Upper Cumberland River), the Fund and to remain available until ex- Mr. MYERS of Indiana. Mr. Chair- Kentucky, $12,000,000; pended. man, we concede the point of order. Williamsburg (Levisa and Tug Forks of the GENERAL EXPENSES Mr. SHUSTER. Mr. Chairman, if I Big Sandy River and Upper Cumberland For expenses necessary for general admin- might be heard in support of my point River), Kentucky, $4,100,000; istration and related functions in the Office of order, nevertheless I want to empha- Middlesboro (Levisa and Tug Forks of the of the Chief of Engineers and offices of the size that I am sympathetic to the lan- Big Sandy River and Upper Cumberland Division Engineers; activities of the Coastal guage that my friend, the gentleman River), Kentucky, $1,600,000; Engineering Research Board, the Humphreys Salyersville, Kentucky, $500,000; from Texas [Mr. CHAPMAN] has at- Engineer Center Support Activity, the Engi- tempted to insert here. The problem is Lake Pontchartrain and Vicinity (Hurri- neering Strategic Studies Center, and the cane Protection), Louisiana, $11,848,000; Water Resources Support Center, $150,000,000: we have had many requests for author- Red River below Denison Dam Levee and Provided, That not to exceed $60,000,000 of the izations come before our committee Bank Stabilization, Louisiana, Arkansas, funds provided in this Act shall be available from both sides of the aisle, including and Texas, $3,800,000; for general administration and related func- Members of our own committee, which Broad Top Region, Pennsylvania, $4,100,000; tions in the Office of the Chief of Engineers: we have not agreed to. Therefore, I feel Glen Foerd, Pennsylvania, $200,000; and Provided further, That no part of any other Wallisville Lake, Texas, $5,000,000. constrained to oppose this particular appropriation provided in title I of this Act authorization because we have already FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- shall be available to fund the activities of disagreed and opposed so many. TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- the Office of the Chief of Engineers or the ex- ISIANA, MISSISSIPPI, MISSOURI, AND TEN- ecutive direction and management activities Mr. Chairman, I want to emphasize NESSEE of the Division Offices: Provided further, That that I understand the purpose of the For expenses necessary for prosecuting with funds provided herein and notwith- provision, and that we will consider it work of flood control, and rescue work, re- standing any other provision of law, the Sec- very seriously and I believe favorably pair, restoration, or maintenance of flood retary of the Army shall develop and submit in the context of our authorizing legis- control projects threatened or destroyed by to the Congress within 60 days of enactment lation to be brought before the Con- flood, as authorized by law (33 U.S.C. 702a, of this Act, a plan which reduces the number gress. I want to give my good friend, 702g–1), $307,885,000, to remain available until of division offices within the United States the gentleman from Texas, that assur- Army Corps of Engineers to no less than 6 expended. ance. OPERATION AND MAINTENANCE, GENERAL and no more than 8, with each division responsible for at least 4 district offices, but The CHAIRMAN. The point of order For expenses necessary for the preserva- does not close or change the function of any is sustained. tion, operation, maintenance, and care of ex- district office: Provided further, That not- It is now in order to consider the isting river and harbor, flood control, and re- withstanding any other provision of law, the amendment printed in House Report lated works, including such sums as may be Secretary of the Army is directed to begin necessary for the maintenance of harbor 104–154. implementing the division office plan on channels provided by a State, municipality AMENDMENT OFFERED BY MR. SHUSTER May 1, 1996, and such plan shall be imple- or other public agency, outside of harbor Mr. SHUSTER. Mr. Chairman, I offer mented prior to October 1, 1997. lines, and serving essential needs of general an amendment. commerce and navigation; surveys and ADMINISTRATIVE PROVISIONS The CHAIRMAN. The Clerk will des- charting of northern and northwestern lakes Appropriations in this title shall be avail- ignate the amendment. and connecting waters; clearing and able for official reception and representation The text of the amendment is as fol- straightening channels; and removal of ob- expenses (not to exceed $5,000); and during structions to navigation, $1,712,123,000, to re- the current fiscal year the revolving fund, lows: main available until expended, of which such Corps of Engineers, shall be available for Amendment offered by Mr. SHUSTER: Page sums as become available in the Harbor purchase (not to exceed 100 for replacement 8, line 3, strike ‘‘May 1, 1996’’ and insert ‘‘Au- Maintenance Trust Fund, pursuant to Public only) and hire of passenger motor vehicles. gust 15, 1996’’. Law 99–662, may be derived from that fund, GENERAL PROVISION Page 9, line 6, strike ‘‘McFARLAND,’’ and all that follows through line 8 and insert and of which such sums as become available CORPS OF ENGINEERS—CIVIL from the special account established by the ‘‘McFARLAND.’’. SEC. 101. (a) In fiscal year 1996, the Sec- Land and Water Conservation Act of 1965, as The CHAIRMAN. Pursuant to the retary of the Army shall advertise for com- amended (16 U.S.C. 460l), may be derived petitive bid at least 7,500,000 cubic yards of rule the gentleman from Pennsylvania from that fund for construction, operation, the hopper dredge volume accomplished with [Mr. SHUSTER] and a Member opposed and maintenance of outdoor recreation fa- government-owned dredges in fiscal year will each be recognized for 5 minutes. cilities: Provided, That not to exceed 1992. $5,000,000 shall be available for obligation for The Chair recognizes the gentleman (b) Notwithstanding the provisions of this national emergency preparedness programs: from Pennsylvania [Mr. SHUSTER]. section, the Secretary is authorized to use Provided further, That $5,926,000 of the funds Mr. SHUSTER. Mr. Chairman, as the the dredge fleet of the Corps of Engineers to appropriated herein are provided for the chairman of the authorizing committee undertake projects when industry does not Raystown Lake, Pennsylvania, project: Pro- having jurisdiction over the water re- perform as required by the contract speci- vided further, That the Secretary of the fications or when the bids are more than 25 sources programs of the Army Corps of Army is authorized to transfer an appro- percent in excess of what the Secretary de- Engineers, I rise to offer an amend- priate amount of land at the Cooper Lake termines to be a fair and reasonable esti- ment to title I of the bill. My amend- and Channels, Texas, project, not to exceed mated cost of a well equipped contractor ment, Mr. Chairman, is in two parts: 300 acres, from mitigation or low-density doing the work or to respond to emergency recreation to high-density recreation, and is first, to change the effective date of a requirements. further authorized to take whatever actions plan to close some of the Corps of Engi- (c) None of the funds appropriated herein are necessary, including the acquisition of neers divisions offices, and second, to or otherwise made available to the Army additional mitigation lands, to accomplish delete a prohibition against the use of Corps of Engineers, including amounts con- such transfer. tained in the Revolving Fund of the Army the dredge McFarland during fiscal REGULATORY PROGRAM Corps of Engineers, may be used to study, de- year 1996. For expenses necessary for administration sign or undertake improvement or major re- Regarding the first part of my of laws pertaining to regulation of navigable pair of the Federal vessel, MCFARLAND, or amendment, I certainly applaud the H 6786 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Committee on Appropriation’s efforts eight offices to be more efficient. We that Federal dollars are spent wisely. to streamline the corps and to save selected May 1 because by this time At the same time, we recognize that money. The Corps of Engineers must be next year we will have a bill on the the authorizing committee has the allowed to downsize and make itself floor. major role in deciding the need for and more efficient. The bill requires a plan It is not just quite as easy as closing the appropriate size and scope of the to close three to five division offices. up an office and walking away. It re- Federal hopper dredge fleet. Our intent This plan will be only implemented quires appropriations to close some of was simply to defer expenditures for after Congress has had an opportunity these offices and to consolidate them. major repairs of one of the vessels until to review it. I have supported this as- We chose May 1 in order to be able to the ongoing study is completed. pect of the bill. next year appropriate for that consoli- Further, we felt that a more accurate The effect of my amendment simply dation. I hope the committee will assessment of the existing Federal is to assure that by changing the effec- make every effort to try to get the job fleet was through a market test—using tive date from May 1, 1996, to August done, to make these consolidations as industry first and the Corps vessel in 15, 1996, that the authorizing commit- soon as possible, so we can appropriate reserve if industry can’t do the job. It tee has a reasonable amount of time to next year. was never our intent to usurp the juris- review the plan after it has been trans- Mr. SHUSTER. Mr. Chairman, we diction of the authorizing committee. mitted to the Congress. have a responsibility to get our job Mr. SHUSTER. I want to thank the The second part of the amendment done, I would say to the gentleman, gentleman for his reassurance and indi- recognizes the need to avoid the ex- and we will make every effort to get cate that the authorizing committee penditure of funds to rehabilitate a that done. also is seeking to find savings wherever vessel that may not fit into the long- Mr. MYERS of Indiana. It was my un- possible and to support the private sec- term plans for the corps’ dredging pro- derstanding we had an understanding tor if it can demonstrate it can do the gram. Yet, this amendment allows the about May 1. We were not trying to be job. We intend to look carefully at the vessel to be kept operational while de- arbitrary, but it was just a misunder- performance of the private sector in cisions are reached. We must carefully standing between the authorizing com- evaluating the appropriate scope of and review the corps’ long-term needs for mittee and us. need for a Federal dredging fleet at the Mr. SHUSTER. Mr. Chairman, if hopper dredges and the private dredg- earliest opportunity. there is no Member in opposition, I ask ing industry’s capability to provide Mr. FRELINGHUYSEN. Just for clar- unanimous consent that I be yielded timely and cost-effective dredging ification, the compromise that we have that 5 minutes. services. The proper place to conduct agreed to would prohibit the expendi- The CHAIRMAN. The Chair would in- this review is in the context of Water ture of funds for improvement or major quire if there is any Member in opposi- Resource’s authorizing legislation, repair of the dredge McFarland. tion to the amendment offered by the which will be addressed by the Com- This language is intended to prohibit gentleman from Pennsylvania [Mr. mittee on Transportation and Infra- the Corps from going forward with any SHUSTER]. structure. If not, without objection, the gen- substantial new investment in upgrad- H.R. 1905 prohibits the use of funds tleman from Pennsylvania is recog- ing the McFarland or extending the available to the corps in fiscal year nized for 5 minutes vessel’s useful life, but not to limit the 1996 for rehabilitating the dredge There was no objection. Corps’ ability to undertake repairs McFarland and for use of the dredge for Mr. SHUSTER. Mr. Chairman, I yield needed to keep the vessel operational anything other than emergencies. The myself such time as I may consume. as part of the Corps’ minimum dredge effect of my amendment is to retain Mr. FRELINGHUYSEN. Mr. Chair- fleet and to meet Coast Guard certifi- the prohibition against rehabilitating man, will the gentleman yield? cation. I would ask the gentleman the McFarland, but to allow continued Mr. SHUSTER. I yield to the gen- whether this is his understanding as use of the vessel in its current capacity tleman from New Jersey. well. as part of the corps’ minimum dredge Mr. FRELINGHUYSEN. Mr. Chair- Mr. SHUSTER. The gentleman is cor- fleet. This will allow the authorizing man, I rise to request a colloquy with rect, that is our understanding. There committee to fully explore all options the gentleman from Pennsylvania [Mr. is no expenditure of additional Federal for the long-term disposition of the SHUSTER], chairman of the Committee funds involved here. McFarland as well as the overall direc- on Transportation and Infrastructure. Mr. FRELINGHUYSEN. I thank the tion of the dredging program. Mr. SHUSTER. Mr. Chairman, I gentleman for his time and comments. Both of these recommended changes would be happy to enter into a col- Mr. BORSKI. Mr. Chairman, will the to the bill will result in needed im- loquy with the gentleman from New gentleman yield? provements and cost savings, and at Jersey. Mr. SHUSTER. I yield to the gen- the same time assure that the issues Mr. FRELINGHUYSEN. As author of tleman from Pennsylvania. they represent are fully addressed in section 101 of the bill, let me clarify (Mr. BORSKI asked and was given the proper form. my intent and the intent of the Com- permission to revise and extend his re- I certainly want to emphasize our ap- mittee on appropriations. Our primary marks.) preciation for the cooperation shown motivation was saving extremely Mr. BORSKI. Mr. Chairman, I wish to by my colleagues on the Committee on scarce dollars without adversely im- express my support for the Shuster Appropriations during the development pacting essential Corps missions. In ad- amendment which will allow the of this legislation, especially from the dition, we intended to take steps that Dredge McFarland to keep operating to chairman, the gentleman from Indiana would be supportive of the private sec- meet the dredging needs of the ports of [Mr. MYERS], and the ranking member, tor which is so essential in ensuring the east coast and gulf throughout fis- the gentleman from Alabama [Mr. BE- the proper maintenance of the Nation’s cal year 1996. VILL]. navigation channels. Specifically, the I compliment the Chairman of the Mr. Chairman, I urge the adoption of amendment I offered in Committee Transportation and Infrastructure this amendment. would prohibit the Army Corps of Engi- Committee for taking the initiative on Mr. MYERS of Indiana. Mr. Chair- neers from going forward with major this important matter. man, will the gentleman yield? repairs and improvements to the gov- I look forward to working with the Mr. SHUSTER. I yield to the gen- ernment owned dredge McFarland, es- chairman when our committee reviews tleman from Indiana. pecially when earlier studies ques- this issue as part of our water re- Mr. MYERS of Indiana. Mr. Chair- tioned the justification of the current sources development legislation later man, we accept the gentleman’s Federal hopper dredge fleet and when this year. amendment. First let me state, it has the Corps is, once again, conducting a The continued operation of the been noted that the Corps has tried to reevaluation of the Federal hopper Dredge McFarland is absolutely vital consolidate, not close but consolidate, dredge fleet and industry capability. to the port of Philadelphia and the some of the division offices around the We on the Appropriations Committee many businesses which depend on the country. We could cut back to six or have the responsibility of ensuring Delaware River Channel. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6787 The Delaware River ports handle al- Mr. SHUSTER. Mr. Chairman, I to change the river level, the depth of most 80 million tons of cargo annually. thank the gentleman, and I yield back the river. It is now 18 feet. We would They generate $4 billion in commerce the balance of my time. have to change it to 12.5 feet. We would for the region. The CHAIRMAN. The question is on like to do it this year, before the ice These ports depend on the 120-mile the amendment offered by the gen- moves in in northern Michigan, by the Delaware River Channel being kept tleman from Pennsylvania [Mr. SHU- first of the year. open. The river has a high silt content STER]. Mr. Chairman, we are scheduled, and frequently requires a rapid, effec- The amendment was agreed to. under the negotiated agreement be- tive response. b 1530 tween all the parties, to begin capping It is too much of a risk for the econ- on August the 1st. I have been able to omy of the Greater Philadelphia region AMENDMENT OFFERED BY MR. STUPAK draft this amendment, and I again to eliminate the McFarland without Mr. STUPAK. Mr. Chairman, I offer would like to thank the principals in- having a proven substitute. an amendment. volved in helping me to draft this The Clerk read as follows: There has been no demonstration amendment to make it acceptable to Amendment offered by Mr. STUPAK: Page 9, that the private dredging industry will this legislation. provide an effective replacement to the after line 8, insert the following new section: SEC. 102. (a) SAND AND STONE CAP IN NAVI- We are not here asking for an author- McFarland. GATION PROJECT AT MANISTIQUE HARBOR, ization of any money now or in the fu- The private dredging industry was of- MICHIGAN.—The project for navigation, ture. Any costs associated with this fered an opportunity in last year’s Manistique Harbor, Schoolcraft County, amendment will be picked up by the Water Resources Development Act to Michigan, authorized by the first section of potential responsible parties with this prove it can do the job while the the Act entitled ‘‘An Act making appropria- negotiated settlement. McFarland was being repaired. tions for the construction, repair, and pres- I am not here for, nor does my If private industry proved up to the ervation of certain public works on rivers and harbors, and for other purposes’’, ap- amendment request, any authorizing task, the McFarland would be kept in funds or reprogramming funds. This is reserve until it was needed for emer- proved March 3, 1905 (33 Stat. 1136), is modified to permit installation of a sand and not an authorization amendment. gency work. stone cap over sediments affected by poly- Therefore, I would ask my colleagues Mr. Chairman, contrary to some chlorinated biphenyls in accordance with an to adopt this amendment. Any delay statements, there has been no Corps of administrative order of the Environmental would be a serious delay in the nego- Engineers study that finds that the Protection Agency. tiated settlement between the parties, corps’ dredge fleet should be reduced. (b) PROJECT DEPTH.— the Army Corps of Engineers and the The study that the corps submitted (1) IN GENERAL.—Except as provided in paragraph (2), the project described in sub- EPA. As I said, capping is slated to on this issue was rejected by the Army begin next month. If we could pass it Audit Agency for using poor data and section (a) is modified to provide for an authorized depth of 18 feet. through with this legislation now, we poor methodology. (2) EXCEPTION.—The authorized depth shall will move on to the Senate and we are The Acting Assistant Secretary of be 12.5 feet in the areas where the sand and confident we can get it done yet this the Army, John Zirschky said, ‘‘Given stone cap described in subsection (a) will be year. the uncertainties associated with placed within the following coordinates: Therefore, Mr. Chairman, I would dredging needs, the existing studies do 4220N–2800E to 4220N–3110E to 3980N–3260E to 3190N–3040E to 2960N–2560E to 3150N–2300E to once again ask that this amendment be not provide sufficient certainty that adopted as written and I appreciate the the dredging needs of the country can 3680N–2510E to 3820N–2690E and back to 4220N–2800E. cooperation of all the parties involved. be met by the private sector alone.’’ (c) HARBOR OF REFUGE.—The project de- The CHAIRMAN. The question is on He said, ‘‘It would not be prudent to scribed in subsection (a), including the the amendment offered by the gen- reduce the fleet.’’ breakwalls, pier, and authorized depth of the tleman from Michigan [Mr. STUPAK]. The Army Audit Agency reviewed the project (as modified by subsection (b)), shall The agreement was agreed to. proposed corps study and found that its continue to be maintained as a harbor of ref- The CHAIRMAN. Are there further data reliability was too low for its con- uge. amendments to title I? clusions to be carried out. The Army Mr. STUPAK (during the reading). If not, the Clerk will designate title Audit Agency asked for a new study. Mr. Chairman, I ask unanimous con- II. That is why the corps is studying the sent that the amendment be considered The text of title II is as follows: issue again—because the previous stud- as read and printed in the RECORD. TITLE II ies were inadequate. The CHAIRMAN. Is there objection DEPARTMENT OF THE INTERIOR Again, I thank the chairman of the to the request of the gentleman from CENTRAL UTAH PROJECT Transportation and Infrastructure Michigan? CENTRAL UTAH PROJECT COMPLETION ACCOUNT Committee for offering this amend- There was no objection. ment and I thank the chairman of the Mr. STUPAK. Mr. Chairman, I would For the purpose of carrying out provisions of the Central Utah Project Completion Act, subcommittee, Mr. MYERS, and the like to thank the gentleman from Indi- Public Law 102–575 (106 Stat. 4605), and for ranking Member, Mr. BEVILL, for ac- ana [Mr. MYERS] and the gentleman feasibility studies of alternatives to the cepting the amendment. from Pennsylvania [Mr. SHUSTER] and Uintah and Upalco Units, $42,893,000, to re- Mr. FOGLIETTA. Mr. Chairman, I rise in the gentleman from Alabama [Mr. BE- main available until expended, of which strong support of the amendment offered by VILL] and the gentleman from Califor- $23,503,000 shall be deposited into the Utah Mr. SHUSTER. nia [Mr. MINETA] for their assistance Reclamation Mitigation and Conservation I cannot stress enough the importance of on this amendment. Account: Provided, That of the amounts de- the dredge McFarland to the operation of the This amendment is to allow a harbor posited into the Account, $5,000,000 shall be Delaware River ports. These ports handle 80 considered the Federal Contribution author- to be capped in accordance with an ad- ized by paragraph 402(b)(2) of the Act and million tons of cargo, and generate $4 billion ministrative order negotiated between $18,503,000 shall be available to the Utah Rec- in commerce for our region. Eight-five percent the U.S. Environmental Protection lamation Mitigation and Conservation Com- of the Northeast's heating oil also passes Agency and the Army Corps of Engi- mission to carry out activities authorized through these ports. Both our economy and neers and potentially responsible par- under the Act. environment could be devastated if the Dela- ties at the Manistique Harbor. In addition, for necessary expenses in- ware Channel was not served by the McFar- EPA has agreed that a hybrid remedy curred in carrying out responsibilities of the land. of dredging and capping could be nec- Secretary of the Interior under the Act, And as the only dredge currently operating $1,246,000, to remain available until ex- essary to cap PCB’s in the Manistique pended. with sea turtle deflectors, the McFarland is Harbor. This agreement was just en- BUREAU OF RECLAMATION proven effective in preserving sensitive marine tered into within the last 2 weeks. The For carrying out the functions of the Bu- habitats. This has sent the McFarland to sev- dredging which is part of the remedy reau of Reclamation as provided in the Fed- eral key ports in Florida and Louisiana which negotiated here has already begun in eral reclamation laws (Act of June 17, 1902, have required dredging in sensitive waters. I the Manistique Harbor. 32 Stat. 388, and Acts amendatory thereof or urge support for the Shuster amendment, and We would like to cap yet this year. In supplementary thereto) and other Acts appli- continued operation of the McFarland. order to cap this year, we would have cable to that Bureau as follows: H 6788 CONGRESSIONAL RECORD — HOUSE July 11, 1995 GENERAL INVESTIGATIONS vances shall remain available until ex- The text of the amendment is as fol- For engineering and economic investiga- pended: Provided further, That revenues in lows: tions of proposed Federal reclamation the Upper Colorado River Basin Fund shall Amendment offered by Mrs. SMITH of projects and studies of water conservation be available for performing examination of existing structures on participating projects Washington: Page 14, line 13, strike and development plans and activities pre- ‘‘$48,630,000’’ and insert ‘‘$48,150,000’’. liminary to the reconstruction, rehabilita- of the Colorado River Storage Project. tion and betterment, financial adjustment, BUREAU OF RECLAMATION LOAN PROGRAM Mrs. SMITH of Washington. Mr. or extension of existing projects, to remain ACCOUNT Chairman, the amendment I am offer- available until expended, $13,114,000: Pro- For the cost of direct loans and/or grants, ing is a $480,000 cut in the Bureau of vided, That, of the total appropriated, the $11,243,000, to remain available until ex- Reclamation’s appropriation for their amount for program activities which can be pended, as authorized by the Small Reclama- international program. Let me explain financed by the reclamation fund shall be de- tion Projects Act of August 6, 1956, as why I am offering this amendment. rived from that fund: Provided further, That amended (43 U.S.C. 422a–422l): Provided, That Mr. Chairman, I did not know that funds contributed by non-Federal entities for such costs, including the cost of modifying purposes similar to this appropriation shall such loans, shall be as defined in section 502 the Bureau of Reclamation had an be available for expenditure for the purposes of the Congressional Budget Act of 1974: Pro- international program until a constitu- for which contributed as though specifically vided further, That these funds are available ent asked me at a town hall meeting appropriated for said purposes, and such to subsidize gross obligations for the prin- why we were spending money on sewer amounts shall remain available until ex- cipal amount of direct loans not to exceed systems in Egypt. First, I told him I pended. $37,000,000. did not think we were, but then I took In addition, for administrative expenses CONSTRUCTION PROGRAM necessary to carry out the program for di- a look. (INCLUDING TRANSFER OF FUNDS) rect loans and/or grants, $425,000: Provided, What I found was that the Bureau of For construction and rehabilitation of That of the total sums appropriated, the Reclamation is spending over a million projects and parts thereof (including power amount of program activities which can be dollars annually to help build water transmission facilities for Bureau of Rec- financed by the reclamation fund shall be de- projects in some of the wealthiest na- lamation use) and for other related activities rived from the fund. tions on earth, including Saudi Arabia. as authorized by law, to remain available CENTRAL VALLEY PROJECT RESTORATION FUND until expended, $417,301,000, of which Part of this is reimbursed, but not all. For carrying out the programs, projects, These countries can afford to hire $27,049,000 shall be available for transfer to plans, and habitat restoration, improvement, the Upper Colorado River Basin Fund au- and acquisition provisions of the Central American private sector consultants to thorized by section 5 of the Act of April 11, Valley Project Improvement Act, to remain teach them to build dams or improve 1956 (43 U.S.C. 620d), and $94,225,000 shall be available until expended, such sums as may irrigation canals. They do not need the available for transfer to the Lower Colorado be collected in the Central Valley Project technical assistance that they can get River Basin Development Fund authorized Restoration Fund pursuant to sections from professionals in the international by section 403 of the Act of September 30, 3407(d), 3404(c)(3), 3405(f) and 3406(c)(1) of Pub- 1968 (43 U.S.C. 1543), and such amounts as and private sector. lic Law 102–575: Provided, That the Bureau of In fact, the American Consulting En- may be necessary shall be considered as Reclamation is directed to levy additional though advanced to the Colorado River Dam mitigation and restoration payments total- gineers Council supports this amend- Fund for the Boulder Canyon Project as au- ing $30,000,000 (October 1992 price levels) on a ment. There are 200,000 engineers that thorized by the Act of December 21, 1928, as three-year rolling average basis, as author- could do this in the private sector and amended: Provided, That of the total appro- ized by section 3407(d) of Public Law 102–575. not have to complete with public dol- priated, the amount for program activities lars. They support this amendment be- which can be financed by the reclamation GENERAL ADMINISTRATIVE EXPENSES fund shall be derived from that fund: Pro- For necessary expenses of general adminis- cause they believe they can do the job vided further, That transfers to the Upper tration and related functions in the office of and do it competitively. Colorado River Basin Fund and Lower Colo- the Commissioner, the Denver office, and of- The Bureau of Reclamation commis- rado River Basin Development Fund may be fices in the five regions of the Bureau of Rec- sioner pledged, when he first came in, increased or decreased by transfers within lamation, $48,630,000, of which $1,400,000 shall to phase this program out, but he did the overall appropriation under this heading: remain available until expended, the total amount to be derived from the reclamation not do it. Mr. Chairman, I guess what I Provided further, That funds contributed by am asking today is that we put our non-Federal entities for purposes similar to fund and to be nonreimbursable pursuant to this appropriation shall be available for ex- the Act of April 19, 1945 (43 U.S.C. 377): Pro- vote behind what we have been saying penditure for the purposes for which contrib- vided, That no part of any other appropria- and get unnecessary spending out, re- uted as though specifically appropriated for tion in this Act shall be available for activi- turn to the private sector, and save the said purposes, and such funds shall remain ties or functions budgeted for the current fis- taxpayers some money. available until expended: Provided further, cal year as general administrative expenses. But even if we do not cut this totally That all costs of the safety of dams modifica- SPECIAL FUNDS out of the budget, we can find some- tion work at Coolidge Dam, San Carlos Irri- (TRANSFER OF FUNDS) where where want to spend $480,000; gation Project, Arizona, performed under the Sums herein referred to as being derived somewhere else. I am sure there are authority of the Reclamation Safety of from the reclamation fund or special fee ac- Dams Act of 1978 (43 U.S.C. 506), as amended, count are appropriated from the special projects on children or other projects are in addition to the amount authorized in funds in the Treasury created by the Act of that would be better served by this section 5 of said Act. June 17, 1902 (43 U.S.C. 391) or the Act of De- money than these wealthy nations. OPERATION AND MAINTENANCE cember 22, 1987 (16 U.S.C. 460l–6a, as amend- Mr. MYERS of Indiana. Mr. Chair- For operation and maintenance of rec- ed), respectively. Such sums shall be trans- man, will the gentlewoman yield? lamation projects or parts thereof and other ferred, upon request of the Secretary, to be Mrs. SMITH of Washington. I yield to facilities, as authorized by law; and for a soil merged with and expended under the heads the gentleman from Indiana. herein specified; and the unexpended bal- and moisture conservation program on lands Mr. MYERS of Indiana. Mr. Chair- under the jurisdiction of the Bureau of Rec- ances of sums transferred for expenditure lamation, pursuant to law, to remain avail- under the head ‘‘General Administrative Ex- man, the gentlewoman from Washing- able until expended, $278,759,000: Provided, penses’’ shall revert and be credited to the ton has discussed her amendment with That of the total appropriated, the amount reclamation fund. the members of this committee and we for program activities which can be financed ADMINISTRATIVE PROVISION find it acceptable. by the reclamation fund shall be derived Appropriations for the Bureau of Reclama- Mrs. SMITH of Washington. I thank from that fund, and the amount for program tion shall be available for purchase of not to the gentleman. activities which can be derived from the spe- exceed 9 passenger motor vehicles for re- cial fee account established pursuant to the placement only. The CHAIRMAN. The question is on the amendment offered by the gentle- Act of December 22, 1987 (16 U.S.C. 460l–6a, as The CHAIRMAN. Are there any woman from Washington [Mrs. SMITH] amended), may be derived from that fund: amendments to title II? Provided further, That funds advanced by The amendment was agreed to. water users for operation and maintenance AMENDMENT OFFERED BY MRS. SMITH OF WASHINGTON The CHAIRMAN. Are there further of reclamation projects or parts thereof shall amendments to title II? be deposited to the credit of this appropria- Mrs. SMITH of Washington. Mr. tion and may be expended for the same pur- Chairman, I offer an amendment. If not, the Clerk will designate title pose and in the same manner as sums appro- The CHAIRMAN. The Clerk will des- III. priated herein may be expended, and such ad- ignate the amendment. The text of title III is as follows: July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6789

TITLE III ATOMIC ENERGY DEFENSE ACTIVITIES year 1996 so as to result in a final fiscal year DEPARTMENT OF ENERGY WEAPONS ACTIVITIES 1996 appropriation estimated at not more than $239,944,000. ENERGY SUPPLY, RESEARCH AND For Department of Energy expenses, in- DEVELOPMENT ACTIVITIES cluding the purchase, construction and ac- OFFICE OF THE INSPECTOR GENERAL For expenses of the Department of Energy quisition of plant and capital equipment and For necessary expenses of the Office of the activities including the purchase, construc- other incidental expenses necessary for Inspector General in carrying out the provi- tion and acquisition of plant and capital atomic energy defense weapons activities in sions of the Inspector General Act of 1978, as equipment and other expenses incidental carrying out the purposes of the Department amended, $26,000,000, to remain available thereto necessary for energy supply, re- of Energy Organization Act (42 U.S.C. 7101, et until expended. seq.), including the acquisition or condemna- search and development activities, and other POWER MARKETING ADMINISTRATIONS activities in carrying out the purposes of the tion of any real property or any facility or Department of Energy Organization Act (42 for plant or facility acquisition, construc- OPERATION AND MAINTENANCE, ALASKA POWER U.S.C. 7101, et seq.), including the acquisition, or expansion; and the purchase of pas- ADMINISTRATION tion or condemnation of any real property or senger motor vehicles (not to exceed 79, of For necessary expenses of operation and any facility or for plant or facility acquisi- which 76 are for replacement only, including maintenance of projects in Alaska and of tion, construction, or expansion; purchase of one police-type vehicle), $3,273,014,000, to re- marketing electric power and energy, passenger motor vehicles (not to exceed 25, main available until expended. $4,260,000, to remain available until ex- of which 19 are for replacement only), DEFENSE ENVIRONMENTAL RESTORATION AND pended. $2,596,700,000, to remain available until ex- WASTE MANAGEMENT BONNEVILLE POWER ADMINISTRATION FUND pended. For Department of Energy expenses, in- Expenditures from the Bonneville Power URANIUM SUPPLY AND ENRICHMENT ACTIVITIES cluding the purchase, construction and ac- Administration Fund, established pursuant For expenses of the Department of Energy quisition of plant and capital equipment and to Public Law 93–454, are approved for offi- in connection with operating expenses; the other incidental expenses necessary for cial reception and representation expenses in purchase, construction, and acquisition of atomic energy defense environmental res- an amount not to exceed $3,000. plant and capital equipment and other ex- toration and waste management activities in During fiscal year 1996, no new direct loan penses incidental thereto necessary for ura- carrying out the purposes of the Department obligations may be made. nium supply and enrichment activities in of Energy Organization Act (42 U.S.C. 7101, et OPERATION AND MAINTENANCE, SOUTHEASTERN carrying out the purposes of the Department seq.), including the acquisition or condemna- POWER ADMINISTRATION of Energy Organization Act (42 U.S.C. 7101, et tion of any real property or any facility or seq.) and the Energy Policy Act (Public Law for plant or facility acquisition, construc- For necessary expenses of operation and 102–486, section 901), including the acquisition, or expansion; and the purchase of pas- maintenance of power transmission facilities tion or condemnation of any real property or senger motor vehicles (not to exceed 7 for re- and of marketing electric power and energy any facility or for plant or facility acquisi- placement only), $5,265,478,000, to remain pursuant to the provisions of section 5 of the tion, construction, or expansion; purchase of available until expended. Flood Control Act of 1944 (16 U.S.C. 825s), as electricity as necessary; $64,197,000, to re- OTHER DEFENSE ACTIVITIES applied to the southeastern power area, main available until expended: Provided, $19,843,000, to remain available until ex- For Department of Energy expenses, in- pended. That revenues received by the Department cluding the purchase, construction and ac- for uranium programs and estimated to total quisition of plant and capital equipment and OPERATION AND MAINTENANCE, $34,903,000 in fiscal year 1996 shall be retained other incidental expenses necessary for SOUTHWESTERN POWER ADMINISTRATION and used for the specific purpose of offsetting atomic energy defense, other defense activi- For necessary expenses of operation and costs incurred by the Department for such ties in carrying out the purposes of the De- maintenance of power transmission facilities activities notwithstanding the provisions of partment of Energy Organization Act (42 and of marketing electric power and energy, 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Pro- U.S.C. 7101, et seq.), including the acquisi- and for construction and acquisition of vided further, That the sum herein appro- tion or condemnation of any real property or transmission lines, substations and appur- priated shall be reduced as revenues are re- any facility or for plant or facility acquisi- tenant facilities, and for administrative ex- ceived during fiscal year 1996 so as to result tion, construction, or expansion penses, including official reception and rep- in a final fiscal year 1996 appropriation esti- $1,323,841,000, to remain available until ex- resentation expenses in an amount not to ex- mated at not more than $29,294,000. pended. ceed $1,500 connected therewith, in carrying RANIUM NRICHMENT ECONTAMINATION AND U E D DEFENSE NUCLEAR WASTE DISPOSAL out the provisions of section 5 of the Flood DECOMMISSIONING FUND Control Act of 1944 (16 U.S.C. 825s), as applied For nuclear waste disposal activities to to the southwestern power area, $29,778,000, For necessary expenses in carrying out carry out the purposes of Public Law 97–425, to remain available until expended; in addi- uranium enrichment facility decontamina- as amended, including the acquisition of real tion, notwithstanding the provisions of 31 tion and decommissioning, remedial actions property or facility construction or expan- U.S.C. 3302, not to exceed $4,272,000 in reim- and other activities of title II of the Atomic sion, $198,400,000, to remain available until bursements, to remain available until ex- Energy Act of 1954 and title X, subtitle A of expended. the Energy Policy Act of 1992, $278,807,000, to pended. DEPARTMENTAL ADMINISTRATION be derived from the fund, to remain available CONSTRUCTION, REHABILITATION, OPERATION For salaries and expenses of the Depart- until expended: Provided, That at least AND MAINTENANCE, WESTERN AREA POWER ment of Energy necessary for Departmental $42,000,000 of amounts derived from the fund ADMINISTRATION for such expenses shall be expended in ac- Administration and other activities in carry- cordance with title X, subtitle A, of the En- ing out the purposes of the Department of (INCLUDING TRANSFER OF FUNDS) ergy Policy Act of 1992. Energy Organization Act (42 U.S.C. 7101, et For carrying out the functions authorized GENERAL SCIENCE AND RESEARCH ACTIVITIES seq.), including the hire of passenger motor by title III, section 302(a)(1)(E) of the Act of vehicles and official reception and represen- August 4, 1977 (42 U.S.C. 7101, et seq.), and For expenses of the Department of Energy tation expenses (not to exceed $35,000), other related activities including conserva- activities including the purchase, construc- $362,250,000, to remain available until ex- tion and renewable resources programs as tion and acquisition of plant and capital pended, plus such additional amounts as nec- authorized, including official reception and equipment and other expenses incidental essary to cover increases in the estimated representation expenses in an amount not to thereto necessary for general science and re- amount of cost of work for others notwith- exceed $1,500, $257,652,000, to remain available search activities in carrying out the pur- standing the provisions of the Anti-Defi- until expended, of which $245,151,000 shall be poses of the Department of Energy Organiza- ciency Act (31 U.S.C. 1511, et seq.): Provided, derived from the Department of the Interior tion Act (42 U.S.C. 7101, et seq.), including That such increases in cost of work are off- Reclamation fund: Provided, That of the the acquisition or condemnation of any real set by revenue increases of the same or amount herein appropriated, $5,283,000 is for property or facility or for plant or facility greater amount, to remain available until deposit into the Utah Reclamation Mitiga- acquisition, construction, or expansion; pur- expended: Provided further, That moneys re- tion and Conservation Account pursuant to chase of passenger motor vehicles (not to ex- ceived by the Department for miscellaneous title IV of the Reclamation Projects Author- ceed 12 for replacement only), $991,000,000, to revenues estimated to total $122,306,000 in ization and Adjustment Act of 1992: Provided remain available until expended. fiscal year 1996 may be retained and used for further, That the Secretary of the Treasury NUCLEAR WASTE DISPOSAL FUND operating expenses within this account, and is authorized to transfer from the Colorado For nuclear waste disposal activities to may remain available until expended, as au- River Dam Fund to the Western Area Power carry out the purposes of Public Law 97–425, thorized by section 201 of Public Law 95–238, Administration $4,556,000 to carry out the as amended, including the acquisition of real notwithstanding the provisions of section power marketing and transmission activities property or facility construction or expan- 3302 of title 31, United States Code: Provided of the Boulder Canyon project as provided in sion, $226,600,000, to remain available until further, That the sum herein appropriated section 104(a)(4) of the Hoover Power Plant expended, to be derived from the Nuclear shall be reduced by the amount of mis- Act of 1984, to remain available until ex- Waste Fund. cellaneous revenues received during fiscal pended. H 6790 CONGRESSIONAL RECORD — HOUSE July 11, 1995 FALCON AND AMISTAD OPERATING AND Energy and Water Appropriations are that you ought not follow the prior- MAINTENANCE FUND cut by 7 percent. Funding for energy ities as set by the House itself. I think For operation, maintenance, and emer- supply research and development is cut that is disappointing. It is kind of a gency costs for the hydroelectric facilities at by 22 percent. Funding for solar and re- shame. the Falcon and Amistad Dams, $1,000,000, to newable energy programs is cut by 43 remain available until expended and to be It is also, I think interesting to note derived from the Falcon and Amistad Oper- percent. that the programs that the gentleman ating and Maintenance Fund of the Western Hydrogen research is the only pro- from Wisconsin is defending because he Area Power Administration, as provided in gram in the solar and renewable energy says, well, they have been cut and this section 423 of the Foreign Relations Author- category that receives any increase, one is being increased, but the pro- ization Act, fiscal years 1994 and 1995. and the increase is enormous. By freez- grams that he is defending, the solar FEDERAL ENERGY REGULATORY COMMISSION ing the appropriation at last year’s program costs $149 million in the bill, SALARIES AND EXPENSES level, my amendment would restore nuclear is $164 million in the bill, $229 For necessary expenses of the Federal En- fairness and balance to the energy re- million for fusion, fossil is $379 million, ergy Regulatory Commission to carry out search and development budget. Hydro- conservation is $400 million, in the bill. the provisions of the Department of Energy gen research should not be immune to The gentleman is complaining about Organization Act (42 U.S.C. 7101, et seq.), in- fiscal responsibility. cluding services as authorized by 5 U.S.C. the fact that there were cuts in those 3109, including the hire of passenger motor Opponents of my amendment will areas but that this one was increased. vehicles; official reception and representa- argue that $5 million in budget savings Well, let’s consider what we are talk- tion expenses (not to exceed $3,000); is insignificant and that Congress ing about here. We are talking about $132,290,000, to remain available until ex- should go ahead and fund the hydrogen an increase of a program that is at $10 pended: Provided, That notwithstanding any program at $15 million, as the commit- million now and is going to $15 million. other provision of law, not to exceed tee recommends. Nobody can convince One of the reasons why we ought to be $132,290,000 of revenues from fees and annual me, however, that $5 million is insig- charges, and other services and collections in doing what we are doing is readjusting fiscal year 1996, shall be retained and used nificant. priorities. We ought to be saying that for necessary expenses in this account, and Moreover, allowing the funding for there are some areas of research that shall remain available until expended: Pro- programs like these to be increased have had their day, where we have done vided further, That the sum herein appro- without adequate justification only good R&D, we have found out what we priated shall be reduced as revenues are re- worsens the deficit problem. The ad- need to know, and then we ought to ceived during fiscal year 1996 so as to result ministration, which oversees the ac- in a final fiscal year 1996 appropriation esti- apply some money toward doing other tual research, only requested $7.3 mil- areas of high priority research. mated at not more than $0. lion. But if $15 million goes to the De- The CHAIRMAN. Are there any This House earlier this year deter- partment of Energy, we all know what mined that hydrogen was one of those amendments to title III? will happen. DOE will find other ways AMENDMENT OFFERED BY MR. BARRETT OF areas that we want to do good research. to spend it. And when DOE makes its The gentleman says he is not against WISCONSIN budget request next year, it will ask Mr. BARRETT of Wisconsin. Mr. hydrogen. Of course he is. Of course he for more dollars to pay for the new ini- is. Chairman, I offer an amendment. tiatives that it launched with this The CHAIRMAN. The Clerk will des- Ten million dollars is what we spent year’s appropriation. By providing ignate the amendment. this year. If he does not want to move more than is necessary, we are only The text of the amendment is as fol- beyond where we are, then he is op- feeding the appetite of the deficit. lows: posed to doing some research in an Mr. Chairman, I want to make it Amendment offered by Mr. BARRETT of area that promises to be a very good clear that I am not opposed to Federal Wisconsin: Page 16, line 1, after the dollar energy resource as well as being an en- dollars going toward hydrogen re- amount, insert the following: ‘‘(less vironmentally sound energy resource. search. Hydrogen research is legiti- $5,000,000)’’. You do not often get those kinds of mate science that holds the promise of Mr. BARRETT of Wisconsin. Mr. combinations. Chairman, concern over the size of the substantial returns in the next century. But opponents of my amendment Is there scientific knowledge to be deficit is at an all-time high, and the gained from this? Yes. This is a place last thing taxpayers want to see right have not made the case for increasing it by 50 percent when so many other where we could get some significant now is a Federal program receiving an scientific discovery. The fact is that unjustified 50 percent increase in fund- programs are being slashed. If we are to craft a responsible budg- what this is an effort to do is to stop ing. Yet, that is precisely what is hap- that from happening, is to simply say, pening with the Department of Ener- et and a fair budget, then we will have to learn to reject increases in spending ‘‘We don’t want to learn, we don’t want gy’s hydrogen research program. new knowledge in this area. We would Despite all of the hot air about cut- for programs we like. My amendment simply like to say where we are, de- ting spending, the hydrogen research provides the opportunity to save the spite the fact that the House has forced budget has ballooned. The administra- taxpayers several million dollars while tion asked for $7.3 million for fiscal rejecting a meat-ax approach to cut- us to move ahead.’’ year 1996, and the Energy and Water ting spending. I urge my colleagues to As I said, that is disappointing. It is Appropriations Subcommittee re- vote in favor for the amendment. particularly disappointing when what sponded by providing $10 million. Then Mr. WALKER. Mr. Chairman, this is the gentleman is doing is complaining the Appropriations Committee saw fit a disappointing amendment because I about the fact that we are cutting pro- to increase funding in the bill to $15 think it goes after an area where there grams in the areas of fossil, for exam- million, more than double the adminis- is a legitimate attempt to try to do all ple, where we have done research for tration’s request and 50 percent more of this process the right way. many, many years, and are now spend- than this year’s funding level. Earlier in this Congress the House ing $379 million in this bill versus the Mr. Chairman, my amendment is passed a hydrogen research bill. We ac- $15 million that we are spending in the very simple. It would reduce the appro- tually passed an authorization bill. It hydrogen program. priation for hydrogen research by $5 is the only item in the energy portion I agree with the gentleman. Five mil- million. It would fund hydrogen re- of this bill on which the House has ac- lion dollars is always a lot of money. search at its fiscal year 1995 level, and tually acted. But I have got to tell you, so is $379 at the level recommended by the En- This amount of money that is in the million a lot of money. What we need ergy and Water Subcommittee. bill represents 60 percent of the to be doing is deciding what our prior- The generous funding for the hydro- amount that the House has previously ities are in this kind of approach. Do gen program is excessive when com- authorized in its attempt to upgrade we want to go with $379 million in re- pared to other funding levels in this hydrogen research in the country. search in energies that are admittedly legislation. Take a close look at H.R. When you try to do the process the environmentally questionable? Or 1905 see how it compares to the fiscal right way, you then end up with an should we do research in an area that year 1995 budget: amendment like this one suggesting is environmentally sound? July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6791 We are simply suggesting in this par- Payne (VA) Scarborough Stupak Waxman Wicker Woolsey ticular bill with this particular spend- Peterson (FL) Schroeder Tanner Weldon (FL) Wilson Wynn Peterson (MN) Schumer Tate Weldon (PA) Wise Young (AK) ing that we ought to, for once, direct Petri Sensenbrenner Taylor (MS) White Wolf Young (FL) the Energy Department to be doing Pomeroy Shays Tejeda NOT VOTING—9 some energy research in an area where Portman Skaggs Thurman we can produce environmentally sound Poshard Skelton Torres Bonior Hall (OH) Moakley Ramstad Slaughter Towns Collins (MI) Jefferson Reynolds energy. I am disappointed the gen- Rangel Smith (MI) Tucker Frost McKinney Yates tleman from Wisconsin does not want Reed Smith (WA) Vento Rivers Solomon to proceed down that track. I would Volkmer b 1611 Roemer Souder Ward hope that it would be something that Ros-Lehtinen Spratt Watt (NC) The Clerk announced the following we could unite around, particularly Rose Stark Weller pair: since the bill that passed the House of Roukema Stearns Royce Stenholm Whitfield On this vote: Representatives earlier in this Con- Williams Rush Stockman Ms. McKinney for, with Mr. Yates against. gress passed by an ovewhelming mar- Sabo Stokes Wyden gin. Sanders Studds Zeliff Messrs. MARTINEZ, GUNDERSON, Sanford Stump Zimmer HOLDEN, BROWNBACK, WAXMAN, b 1545 NOES—243 and Ms. ROYBAL-ALLARD, Ms. The role of the Federal Government PELOSI, Mr. ABERCROMBIE, Ms. Abercrombie Flake McKeon ´ should be in funding long-term basic Archer Flanagan Meek VELAZQUEZ, Mr. HALL of Texas, Mr. research that does have a chance for Armey Foley Mfume CRAMER, and Ms. WOOLSEY changed significant scientific payoff. This is Bachus Forbes Mica their vote from ‘‘aye’’ to ‘‘no.’’ one of those places. Baesler Fowler Miller (FL) Baker (CA) Fox Mineta Mr. KLUG, Mr. COOLEY, Ms. EDDIE If you support the gentleman’s ap- Baker (LA) Franks (CT) Mink BERNICE JOHNSON of Texas, and proach of cutting out our investigation Barcia Franks (NJ) Molinari Messrs. GENE GREEN of Texas, of that long-term research, I think Bartlett Frisa Mollohan LARGENT, HORN, PORTMAN, Barton Gallegly Montgomery that would be disappointing. I would Bateman Gekas Moorhead SCARBOROUGH, WELLER, TATE, hope that the House would stick with Beilenson Gibbons Moran MCINTOSH, GOODLATTE, HILLEARY, this modest increase in a program that Bentsen Gilchrest Morella ORTON, and Ms. SLAUGHTER and Mr. has a chance for massive payoff for us Bereuter Gillmor Murtha Berman Gilman Myers STOCKMAN changed their vote from in the years ahead. Bevill Gonzalez Myrick ‘‘no’’ to ‘‘aye.’’ The CHAIRMAN. The question is on Bilbray Goodling Norwood So the amendment was rejected. the amendment offered by the gen- Bilirakis Goss Nussle Blute Graham Oxley The result of the vote was announced tleman from Wisconsin [Mr. BARRETT]. Boehlert Gunderson Packard as above recorded. The question was taken; and the Boehner Gutknecht Pallone Mr. YOUNG of Florida. Mr. Chair- Chairman announced that the noes ap- Bonilla Hall (TX) Paxon man, I move to strike the last word. peared to have it. Bono Hansen Payne (NJ) Browder Harman Pelosi Mr. Chairman, I rise to engage in a RECORDED VOTE Brown (CA) Hastert Pickett brief colloquy with the gentleman from Mr. BARRETT of Wisconsin. Mr. Brown (FL) Hastings (FL) Pombo Brownback Hastings (WA) Porter Indiana [Mr. MYERS], the chairman of Chairman, I demand a recorded vote. Bryant (TX) Hayes Pryce the Subcommittee on Energy and A recorded vote was ordered. Bunn Hayworth Quillen Water. The vote was taken by electronic de- Bunning Hefner Quinn Mr. Chairman, as you and the mem- vice, and there were—ayes 182, noes 243, Burton Heineman Radanovich Buyer Herger Rahall bers of the committee know, one of the not voting 9, as follows: Callahan Hilliard Regula Department of Energy facilities that is [Roll No. 483] Calvert Hobson Richardson in the process of ceasing production is Camp Hoekstra Riggs AYES—182 Canady Hoke Roberts the Pinellas plant, which I have the Ackerman Edwards Klink Cardin Holden Rogers privilege of representing. As noted in Allard Ehrlich Klug Castle Houghton Rohrabacher your report, we are engaged in a very Andrews Engel LaFalce Chrysler Hoyer Roth Baldacci Ensign LaHood Clayton Hunter Roybal-Allard innovative effort there to convert this Ballenger Eshoo Lantos Clement Hutchinson Salmon defense facility to a commercial facil- Barr Evans Largent Clinger Hyde Sawyer ity. As part of this effort, the Depart- Barrett (NE) Farr Latham Clyburn Istook Saxton ment of Energy has transferred owner- Barrett (WI) Fattah Lewis (GA) Coburn Jackson-Lee Schaefer Bass Foglietta Lincoln Coleman Jacobs Schiff ship of the Pinellas facility to the Becerra Ford Lipinski Collins (GA) Johnson (CT) Scott Pinellas County Board of County Com- Bishop Frank (MA) LoBiondo Cox Johnson, Sam Seastrand missioners in an agreement that bene- Bliley Frelinghuysen Lofgren Cramer Jones Serrano Borski Funderburk Lowey Crane Kanjorski Shadegg fits both the Federal Government and Boucher Furse Luther Crapo Kasich Shaw the people of Pinellas County, FL, I Brewster Ganske Maloney Cremeans Kennedy (MA) Shuster represent. The Federal Government Brown (OH) Gejdenson Manzullo Cunningham Kim Sisisky saves valuable resources by not having Bryant (TN) Gephardt Markey Davis King Skeen Burr Geren Mascara de la Garza Knollenberg Smith (NJ) to bulldoze the facility and go through Chabot Goodlatte McCarthy Deal Kolbe Smith (TX) the time consuming process of Chambliss Gordon McDermott DeLay LaTourette Spence surplusing the property. The county Chapman Green McIntosh Dellums Laughlin Talent Chenoweth Greenwood McNulty Dickey Lazio Tauzin gains from retaining access to this fa- Christensen Gutierrez Meehan Dicks Leach Taylor (NC) cility which will save many of the jobs Clay Hamilton Menendez Dingell Levin Thomas that would otherwise be lost from its Coble Hancock Metcalf Dixon Lewis (CA) Thompson closure. Collins (IL) Hefley Meyers Dooley Lewis (KY) Thornberry Combest Hilleary Miller (CA) Doolittle Lightfoot Thornton Mr. Chairman, in decommissioning Condit Hinchey Minge Dornan Linder Tiahrt and closing out the defense mission of Conyers Horn Nadler Doyle Livingston Torkildsen the Pinellas facility, the Department Cooley Hostettler Neal Dreier Longley Torricelli Costello Inglis Nethercutt Durbin Lucas Traficant of Energy has certain obligations to Coyne Johnson (SD) Neumann Ehlers Manton Upton leave the facility in compliance with Cubin Johnson, E. B. Ney Emerson Martinez Velazquez various state and local codes and con- Danner Johnston Oberstar English Martini Visclosky DeFazio Kaptur Obey Everett Matsui Vucanovich figured in such a way that it is safe and DeLauro Kelly Olver Ewing McCollum Waldholtz able to be utilized for its new commer- Deutsch Kennedy (RI) Ortiz Fawell McCrery Walker cial mission. The cost of these require- Diaz-Balart Kennelly Orton Fazio McDade Walsh ments is much less than the cost the Doggett Kildee Owens Fields (LA) McHale Wamp Duncan Kingston Parker Fields (TX) McHugh Waters Department would incur if it was to Dunn Kleczka Pastor Filner McInnis Watts (OK) simply bulldoze the entire facility. H 6792 CONGRESSIONAL RECORD — HOUSE July 11, 1995 b 1615 tle capacity. The remaining capacity of Mr. HOYER. Mr. Chairman, will the Mr. Chairman, I would like to clarify the Hart-Miller Island site is limited. gentleman yield? that nothing in the bill or accompany- Although we are in the process of de- Mr. CARDIN. I yield to the gen- ing report would in any way impede veloping a new containment site within tleman from Maryland. Mr. HOYER. Mr. Chairman, I rise to the ongoing effort to decommission and the port, site constraints are such that echo the words of the distinguished convert the Pinellas plant from a na- its capacity will be relatively limited, gentleman from Maryland [Mr. CARDIN] tional defense to a commercial facility. too. In sum, in order to meet the dredg- Mr. MYERS of Indiana. Mr. Chair- ing needs of the port, we must supple- who does such an outstanding job rep- man, will the gentleman yield? ment these measures with other op- resenting Baltimore, the port, and our Mr. YOUNG of Florida. I yield to the tions. State. Mr. Chairman, I wanted to also rise gentleman from Indiana. Working with many concerned par- Mr. MYERS of Indiana. The gen- ties, the Corps of Engineers and the to thank the gentleman from Indiana tleman is correct. The committee is State of Maryland have studied a full [Mr. MYERS], the chairman of the com- well aware of the innovative ideas and range of placement options. As a re- mittee, who has been a longstanding work that the Pinellas County Board of sult, four potential beneficial use supporter. I came here in 1981 and Commissioners is doing in Florida. We projects have been identified. Based on started working on the dredging of the hope this will be a model that more in- a consensus of various Federal, State, Baltimore Harbor along with others. dustry can take over where the cor- and local agencies, our first priority is One of the predecessors on the commit- porations or the government moves out the Poplar Island project. Poplar Island tee was not too enthusiastic about and that corporation or industry can will provide additional capacity for the that, as the gentleman may recall. But move in. So you are doing a good job, placement of dredge materials, while the gentleman from Indiana [Mr. and we are very much aware of it. simultaneously enhancing the quality MYERS] and the gentleman from Ala- Mr. YOUNG of Florida. Mr. Chair- of the Chesapeake Bay. bama [Mr. BEVILL] have been tremen- man, I thank the gentleman for that. Across the Nation, many ports are dously helpful to the Port of Balti- Mr. CARDIN. Mr. Chairman, I move facing similar constraints in finding more. I thank them, thank the com- to strike the requisite number of large, new disposal sites for necessary mittee, and join my colleague from words. dredging work. Unless methods are de- Maryland in his remarks. Mr. Chairman, I rise to enter into a veloped to allow this work to proceed, Mr. CARDIN. Mr. Chairman, let me colloquy with the gentleman from Indi- the efficiency of our ports is increas- thank the chairman for the work of his ana [Mr. MYERS]. ingly threatened and the costs of inter- committee. Mr. Chairman, I would ask if my col- national trade could grow signifi- Mr. DEFAZIO. Mr. Chairman, I ask league, WAYNE GILCHREST, and I might cantly. unanimous consent to reopen title II engage with you in a colloquy on the Mr. Chairman, I know that my col- for the purposes of an amendment future of beneficial use projects for the league, the gentleman from Maryland which I have at the desk, and that the disposal of dredge spoils. We are par- [Mr. GILCHREST], joins me in this col- debate be limited, as per prior agree- ticularly interested in the Poplar Is- loquy, and I would say to the chair- ment, to 5 minutes per side. land project, planned for the Chesa- man, if I might, that we appreciate the The CHAIRMAN. Is there objection peake Bay, which could provide a subcommittee’s report language this to the request of the gentleman from model for such projects throughout the year supporting the Poplar Hill Oregon? Mr. MYERS of Indiana. Mr. Chair- Nation. projects through the use of section 204 man, reserving the right to object, and As you are well aware, the Port of wetlands and aquatic habitat creation I hope we will not, this is the only time Baltimore is central to the Maryland, funds. In this Congress we will be we are willing to do this, with the un- regional, and national economies. An working with the Committee on Trans- derstanding to limit the debate to 5 estimated 87,000 jobs are directly or in- portation and Infrastructure to shape a minutes pro, 5 minutes con, and no directly related to port activity in comprehensive water resource project amendments to the gentleman’s Maryland. In 1993 a total of 25 million authorization package that will in- amendment. tons of cargo passed through the Port clude Poplar Island. Recognizing tre- Mr. DEFAZIO. Mr. Chairman, if the of Baltimore. Over the past 2 years a mendous fiscal restraints facing your gentleman will yield, that is the under- total of 15 steamship lines have begun subcommittee, I hope we can also work standing. or expanded service at the port. Suc- with you to see that Federal resources Mr. MYERS of Indiana. Mr. Chair- cess in maintaining and improving ship necessary to move this project forward man, I withdraw my reservation of ob- channels will help assure the continued as a national model will be made avail- jection. growth in activity at the Port of Balti- able over the coming years. The CHAIRMAN. Is there objection more into the 21st century and facili- Mr. MYERS of Indiana. Mr. Chair- to the request of the gentleman from tate efficient international trade activ- man, will the gentleman yield? Oregon? ity for the United States. Mr. CARDIN. I yield to the gen- There was no objection. In order to maintain shipping chan- tleman from Indiana. AMENDMENT OFFERED BY MR. DE FAZIO nels serving the Port of Baltimore at Mr. MYERS of Indiana. I thank the Mr. DEFAZIO. Mr. Chairman, I offer their existing authorized depths, each gentleman for yielding. You, the gen- an amendment. year approximately 4 million cubic tlemen from Maryland, Mr. CARDIN and The Clerk read as follows: yards of material must be dredged from Mr. GILCHREST, have worked with our Amendment offered by Mr. DEFAZIO: Page the Maryland waters of the Chesapeake committee very closely in making sure 11, line 7, strike ‘‘$417,301,000’’ and insert Bay. Any new work, such as improve- that the Port of Baltimore, which is ’’$412,180,000’’. ment or deepening of channels, re- very important to the economy of our The CHAIRMAN. The gentleman quires dredging additional amounts of Nation, is kept open. from Oregon [Mr. DEFAZIO] will be rec- material. Spoil from dredging is a problem that ognized for 5 minutes, and a Member In the past, the Port, working with our committee has been facing for a opposed will be recognized for 5 min- the Army Corps of Engineers, has been number of years, finding a site to dis- utes. able to meet its dredge disposal needs pose of it. The program you have The Chair recognizes the gentleman through careful use of overboard place- worked out here with Poplar Island, of from Oregon [Mr. DEFAZIO] ment within Chesapeake Bay waters being able to dispose of the waste, of Mr. DEFAZIO. Mr. Chairman, I yield and by use of the Hart-Miller Island the dredged material, to enhance the myself such time as I may consume. disposal site. Although limited over- ecosystem, to enhance the environ- Mr. Chairman, this goes to the ulti- board placement of dredged material ment and wetlands, has been very, very mate commitment of $700 million of will be continued—if and where it can beneficial. We appreciate the good Federal taxpayer money. The Commit- be done without adversely impacting work you have done, and the committee on Appropriations in its wisdom the marine environment—this option tee is very much aware of the project, saw fit to add $5 million to the admin- will nevertheless provide relatively lit- as we have evidenced in our report. istration’s request on the Animas-La July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6793 Plata project. The administration It does not make sense to go forward I would suggest respectfully that if asked to continue studies and planning now and commit this Congress and the we do not do so, we have gone back and for the Animas-La Plata project, a po- taxpayers of this country to a $701 mil- repeated what we have done over the tential $701 million Federal obligation. lion project, when less expensive alter- years, breaking our word again and The committee has added $5 million to natives are available and when this again. I would suggest respectfully this actually begin construction, that is, does not provide a position cost-benefit amendment is not appropriate if we are make an irrevocable commitment to go analysis to the American taxpayers. to fulfill our obligations. I urge a forward. Beyond that, it is particularly out- strong no vote. Let us speak with a I would suggest that this is poor tim- rageous to go forward, when the Clin- straight tongue, and not forked tongue. ing. We have a report from the inspec- ton administration is concealing a Mr. MCINNIS. Mr. Chairman, I yield tor general of the Department of Inte- very, very negative report downtown, myself such time as I may consume. rior dated July 1994 which finds that and they are going to release it just Mr. Chairman, first of all, let us start this project is not economically justi- after we vote. If you vote to keep these out, the gentleman from Oregon states fied. Further, the report of the inspec- funds in the bill, you will be very em- that the President’s recommendation tor general says, barrassed next week when they finally did not include construction. The gen- Inform the Congress of the economic and release that report and show the bene- tleman is wrong on that. The President financial viability of the Animas-La Plate fit to be 0.36 to 1, 36 cents on the dollar did include construction. The President project based on the results of the reevalua- to the Federal taxpayers. supports this, Bruce Babbitt supports tion. If warranted, the commissioner should Mr. MCINNIS. Mr. Chairman, I rise in it, there are a lot of people in support seek congressional approval for restructur- opposition to the amendment. for this, except for the Sierra Club. ing the project to limit the size and scope of The CHAIRMAN. The gentleman is Why are they in support of it? It is be- the project to only those water supply func- recognized for 5 minutes. cause we have a treaty with the native tions that are either economically or finan- Mr. MCINNIS. I yield to the gen- Americans. Let me read a letter, one of cially viable or required under the terms of tleman from Alabama [Mr. BEVILL]. the most moving letters I have read. the Colorado Ute Indian Water Right Settle- Mr. BEVILL. Mr. Chairman, I rise in ment Act. support of the committee and opposed b 1630 Mr. Chairman, that report has been to this amendment. This project con- This is from the Southern Ute Indian prepared. We know the numbers. It is cerns two large Indian tribes in south- Tribal Council, from the chairman: being concealed downtown, withheld, west Colorado. We have been working After reading the article on the Animas-La by the Clinton administration. They on this project for 10 years. The unem- Plata Projection the June 29, 1995, edition of have twice withheld release of this re- ployment rate in the area is some 62 The Washington Post, I knew how my ances- port, delayed release of this report, and percent, and this is water over which tors must have felt when the United States were prepared to release it this week, the Indians have given up their water government repeatedly broke treaties with but are now going to withhold until the Colorado Ute Indians. First in 1863, then rights, very valuable water rights, that in 1868, 1873 and, finally, in 1880. With each after we take this vote. they were given 100 years ago. As a The last evaluation said that this treaty, the homelands of the Utes were re- matter of fact, the negotiations have duced in size. Finally, in 1880, Congress con- had a cost-benefit ratio of 0.6 to 1, col- been going on for 100 years between the fiscated all of the Ute lands in Colorado— leagues—$701 million of Federal State of Colorado, the Bureau of Rec- over one-third of the state of Colorado. In money, and we will get back a return lamation, the United States Govern- the 1930’s, a small remnant of our aboriginal of 0.6. According to the rules of the De- ment, and the Department of the Inte- homelands in Southwestern Colorado were partment of Interior, Bureau of Rec- restored to tribal ownership. rior. This has been going on for 100 Now, The Washington Post suggests that lamation, the project should not go for- years, and they reached agreement. ward. the United States government breach the Secretary Babbitt says this is an obli- agreement that was entered into in 1988. At On a per acre cost, the irrigation will gation to the United States of Amer- that time, the Colorado Utes chose to nego- be $7,664 per acre, and the repayment ica, and we are going to stick with our tiate rather than litigate and entered into will be $303. We would be better to buy agreement. The subcommittee has sup- another treaty, or contract, with America, out those irrigators or to give them ported this position for 10 years, and in return for deferring the Colorado Utes’ half that amount of money, rather we expect this project to move on. We senior Winters water claims on the rivers in than spending all of this Federal Southwestern Colorado that cross the res- do not want to see this project side- ervation. Congress and then President money. tracked again. It has been an environ- This is a project born in a very dif- Reagan said, ‘‘We will build the Animas-La mental matter for years, been in the Plata Project. The Utes will have wet ferent time: Cheap power, cheap water courts, and now it is all wrapped up. water—not paper water rights.’’ Upon pas- subsidies to agriculture, limitless Fed- We owe it to these Indians, who have sage of the Colorado Ute Indian Water eral resources. It was first authorized given up very valuable rights in order Rights Settlement Act, the legislation was in 1968. Times have changed, and so to get this project going. I urge Mem- hailed as a model for all tribes to follow—ne- should this project. bers to vote ‘‘no’’ on the amendment. gotiate, do not litigate. Since passage, the States of Colorado, New Mexico, the water If we appropriate this additional $5 Mr. MCINNIS. Mr. Chairman, I yield districts, the municipalities, and the Indian million and make an irrevocable com- to the chairman of the Committee on mitment, begin to turn dirt, you all tribes, have been strangled in a swamp of red Resources, the gentleman from Alaska tape and bureaucratic backpeddling. know how difficult it will be next year [Mr. YOUNG]. Now comes The Washington Post, not un- to revisit this after we get the new re- (Mr. YOUNG of Alaska asked and was like the Indian givers of the last century. Do port from the Department of Interior, given permission to revise and extend not honor our commitment to the Indians. which is rumored to have lowered the his remarks.) Ignore the trust responsibility the United cost-benefit ratio from 0.6 to 1 to 0.36 Mr. YOUNG of Alaska. Mr. Chair- States government has under the Constitu- to 1. That is 36 cents on the dollar re- man, I rise in opposition to the amend- tion of the United States. Sacrifice the In- turned, in the most generous terms, to ment. The gentleman from Alabama dian water claims on the alter of economics. It is too expensive to build the Animas-La the Federal taxpayers for this project. put it very clearly: This is not about Plata. Let’s give he Indians ‘‘wampum’’ in- We should take out this $5 million. It the author of the amendment’s state- stead of water. My ancestors were all too fa- will not kill the project, and it allows ment about money. This is about, very miliar with the ‘‘beads for Manhattan’’ men- continued planning and evaluation and frankly, the environmental community tality of the early Indian traders. Colorado allows us to look for cheaper alter- opposes this dam. Let us get beyond Ute Indian tribes honorably negotiated the natives. There will still be $5 million in that. Let us go to the commitment we Colorado Ute Indian Water Rights Settle- the bill for the project. But then we have made to the American Indian. Let ment Act, which mandates construction of will have the benefit of the report from us make that commitment one not of the Animas-La Plata Project. In his inau- the inspector general, the new cost- the forked tongue. This project has gural message to the Congress, President Bush said ‘‘great men, like great nations, benefit analysis, and perhaps have an been worked on for over 100 years. It is must keep their promises. The Colorado Ute opportunity to review less costly alter- time that this Congress speaks with a Indian tribes expect this great nation to natives next year before we make this straight tongue and fulfill our obliga- keep is promise and construct the Animas- irrevocable commitment. tions. La Plata Project.’’ H 6794 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Above everything else, the number Camp Hefner Oxley So the amendment was rejected. Canady Heineman Packard The result of the vote was announced one issue that we have to face as Mem- Castle Herger Pallone bers of the United States Congress and Chambliss Hilleary Parker as above recorded. on this very amendment that is in Chenoweth Hilliard Pastor The CHAIRMAN. The Committee will front of us today is will we or will we Christensen Hobson Paxon rise informally in order that the House Chrysler Hoekstra Payne (NJ) not honor our treaty agreement with Clay Hoke Peterson (FL) may receive a message. the native Americans. If you vote yes Clement Holden Pickett f on this amendment, you once again Clinger Horn Pombo walk away from the native Americans Clyburn Hostettler Pomeroy MESSAGE FROM THE PRESIDENT Coburn Houghton Porter of this country. Vote ‘‘no’’ on DeFazio. Collins (GA) Hunter Portman The SPEAKER pro tempore. (Mr. The CHAIRMAN. The question is on Combest Hutchinson Pryce CAMP) assumed the chair. the amendment offered by the gen- Condit Hyde Quillen The SPEAKER pro tempore. The Cox Inglis Quinn E AZIO tleman from Oregon [Mr. D F ]. Coyne Istook Radanovich Chair will receive a message. The question was taken; and the Cramer Johnson (CT) Ramstad f Chairman announced that the noes ap- Crane Johnson (SD) Regula Crapo Johnson, Sam peared to have it. Richardson MESSAGE FROM THE PRESIDENT Cremeans Jones Riggs RECORDED VOTE Cubin Kanjorski Roberts A message in writing from the Presi- Cunningham Kasich Rogers dent of the United States was commu- Mr. DEFAZIO. Mr. Chairman, I de- Danner Kelly Ros-Lehtinen nicated to the House by Mr. Edwin mand a recorded vote. Davis Kennedy (RI) Rose A recorded vote was ordered. de la Garza Kildee Roth Thomas, one of his secretaries. Deal Kim Roukema The SPEAKER pro tempore. The The vote was taken by electronic de- DeLay King vice, and there were—ayes 151, noes 275, Sanford Committee will resume its sitting. Diaz-Balart Kingston Saxton not voting 8, as follows: Dickey Klink Schaefer f Dicks Knollenberg Schiff [Roll No. 484] Dixon Kolbe Seastrand ENERGY AND WATER DEVELOP- Doolittle Lantos AYES—151 Shadegg MENT APPROPRIATIONS ACT, Dornan Largent Abercrombie Goodlatte Poshard Shuster Doyle Latham 1996 Ackerman Gordon Rahall Sisisky Dreier LaTourette Andrews Green Skeen AMENDMENT OFFERED BY MR. BARTON OF TEXAS Rangel Dunn Laughlin Barcia Gutierrez Skelton Reed Ehlers Lazio Mr. BARTON of Texas. Mr. Chair- Barrett (WI) Hamilton Smith (NJ) Rivers Ehrlich Leach Becerra Harman Smith (TX) man, I offer an amendment. Roemer Emerson Lewis (CA) Bentsen Hinchey Smith (WA) The Clerk read as follows: Rohrabacher English Lewis (KY) Berman Hoyer Spence Amendment offered by Mr. BARTON of Roybal-Allard Ensign Lightfoot Boehlert Jackson-Lee Royce Everett Lincoln Spratt Texas: On page 24, after line 18, insert: Bonior Jacobs Rush Ewing Linder Stearns Sec. . Appropriations made available by Borski Johnson, E. B. Sabo Fawell Livingston Stump the Energy and Water Development Act, 1995 Brown (FL) Johnston Salmon Fazio Longley Talent Brown (OH) Kaptur (P.L. 103–316), for a medical treatment facil- Sanders Fields (TX) Lucas Tate Bryant (TX) Kennedy (MA) ity at the site of the terminated Sawyer Flanagan Manton Tauzin Cardin Kennelly Superconducting Super Collider project shall Foglietta Martinez Taylor (MS) Chabot Kleczka Schroeder be rescinded on the thirtieth day after the Foley Martini Taylor (NC) Chapman Klug Schumer Forbes Mascara Tejeda date of enactment of this Act if: (1) the with- Clayton LaFalce Scott Fowler McCollum Thomas drawal by the State of Texas of its applica- Coble LaHood Sensenbrenner Fox McCrery Thompson tion to the Department of Energy for a con- Coleman Levin Serrano Franks (CT) McDade Thornberry Collins (IL) Lewis (GA) Shaw tribution to the completion of such facility Franks (NJ) McHale Thornton Collins (MI) Lipinski Shays remains in effect on such thirtieth day, and Frelinghuysen McHugh Tiahrt Conyers LoBiondo Skaggs (2) prior to such thirtieth day, the Attorney Frisa McInnis Torkildsen Cooley Lofgren Slaughter General of the United States has determined Funderburk McKeon Traficant Costello Lowey Smith (MI) Gallegly McNulty Visclosky that the United States has constitutional DeFazio Luther Solomon Ganske Metcalf Volkmer authority to rescind such appropriation. DeLauro Maloney Souder Gekas Meyers Vucanovich In the fiscal year 1995 Energy and Water Dellums Manzullo Stark Gibbons Mica Waldholtz Development Appropriations Act, Congress Deutsch Markey Stenholm Gillmor Miller (FL) Walker Dingell Matsui permitted the Department of Energy to Stockman Gonzalez Molinari Walsh Doggett McCarthy make $65 million of previously appropriated Stokes Goodling Mollohan Wamp Dooley McDermott funds available to the State of Texas for a Studds Goss Montgomery Watts (OK) Duncan McIntosh Stupak Graham Moorhead Weldon (FL) one-time contribution for the construction Durbin Meehan Tanner Greenwood Morella Weldon (PA) of a medical treatment facility at the site of Edwards Meek Thurman Gunderson Murtha Weller the terminated Superconducting Super Engel Menendez Torres Gutknecht Myers White Collider. The Committee understands that Eshoo Mfume Torricelli Hall (TX) Myrick Whitfield Evans Miller (CA) the State recently withdrew its application Towns Hancock Nethercutt Wicker Farr Mineta to the Department of Energy for the $65 mil- Hansen Neumann Williams Fattah Minge Tucker lion grant. Accordingly, the Committee has Hastert Norwood Wilson Fields (LA) Mink Upton Hastings (FL) Nussle Wise included language to rescind the $65 million, Filner Moran Velazquez Hastings (WA) Oberstar Wolf provided that: (1) the State’s withdrawal of Flake Nadler Vento Hayes Olver Young (AK) its application remains in effect thirty days Ford Neal Ward Hayworth Ortiz Young (FL) after the enactment of this act, and (2) the Frank (MA) Ney Waters Hefley Orton Zeliff Furse Obey Watt (NC) Attorney General of the United States deter- Gejdenson Owens Waxman NOT VOTING—8 mines that the funds are subject to rescis- Gephardt Payne (VA) Woolsey sion. Frost McKinney Scarborough Geren Pelosi Wyden Mr. BARTON of Texas (during the Gilchrest Peterson (MN) Wynn Hall (OH) Moakley Yates Gilman Petri Zimmer Jefferson Reynolds reading). Mr. Chairman, I ask unanimous consent that the amendment be NOES—275 b 1653 considered as read and printed in the Allard Bass Boucher The Clerk announced the following RECORD. Archer Bateman Brewster pair: On this vote: Armey Beilenson Browder The CHAIRMAN. Is there objection Bachus Bereuter Brown (CA) Mr. Yates for, with Mr. Scarborough to the request of the gentleman from Baesler Bevill Brownback against. Texas? Baker (CA) Bilbray Bryant (TN) Baker (LA) Bilirakis Bunn Mr. ROSE and Mr. DIXON changed There was no objection. Baldacci Bishop Bunning their vote from ‘‘aye’’ to ‘‘no.’’ Mr. MYERS of Indiana. Mr. Chair- Ballenger Bliley Burr Messrs. DEUTSCH, CONYERS, man, I reserve a point of order on the Barr Blute Burton LAHOOD, KLUG, RAHALL, amendment. Barrett (NE) Boehner Buyer Bartlett Bonilla Callahan GILCHREST, TOWNS, and GILMAN Mr. BARTON of Texas. Mr. Chair- Barton Bono Calvert changed their vote from ‘‘no’’ to ‘‘aye.’’ man, last year on August 10 before this July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6795 body, we had the same piece of legisla- b 1700 million to the U.S. Treasury; is that tion, the Energy and Water Appropria- Mr. LIVINGSTON. Then the State of correct? tions bill. Texas asked for the money, accepted Mr. BARTON of Texas. If the gen- At that point in time there was an the money, and was to use the money tleman would yield, it would be the in- amendment offered by the Senate to for the cancer research facility, but tent of my amendment, if passed, to specifically set aside $65 million as since that decision has been made and put the money back in Federal control, part of the settlement agreement with all agreements were expected to go for- and let the authorizing committees in the State of Texas for the construction ward, the State of Texas has unilater- the House and the Senate reprogram of the SSC to use to build a medical ally decided not to go forward with the funds to the best purpose that they treatment center for cancer and re- that facility. Is that correct? see fit. That would be the intent of my search. I stood on this floor and sup- Mr. BARTON of Texas. That is cor- amendment. ported that agreement, as did many rect. As a part of the settlement agree- Mr. LIVINGSTON. But because of other Members on both sides of the ment, there is an alternative settle- House rules and the structure of the aisle. ment procedure that gives the State rule for this bill, the gentleman is not At that time, there was some concern the right to do so. That alternative set- permitted to go forward with his that the State might decide at a future tlement agreement was not a part of amendment, or if he were to go for- point in time not to use the money for the public record. ward, it could be struck on a point of the building of the cancer treatment What is a part of the public record is, order; is that correct? center, and I again said that that and it was unequivocal in the con- Mr. BARTON of Texas. That is cor- would not happen. To make a long ference report, in the report language rect. story short, Since August 1994 the and in all the public comments, was Mr. LIVINGSTON. At this point, State of Texas has, in fact, decided not that if the House and the Senate would there is nothing really that the gen- to use the $65 million to build and oper- agree, this $65 million would in fact be tleman can do except to clarify the ate the cancer treatment center. They record that it was not the intent of the want to use the money for other pur- used to build this cancer research and treatment center if it passed peer re- Congress when this legislation first poses. I think that the only honorable went through in fiscal year 1995 that thing to do, since I was a supporter of view, which it did. Mr. LIVINGSTON. But if the gen- the $65 million would be used for any- the agreement, is for me to offer an tleman would yield further, as I under- thing other than the cancer treatment amendment to rescind that money, if it stand it, now that the State of Texas center. is constitutional to do so. That is what has decided to abandon its plans to go Mr. BARTON of Texas. All I am try- this amendment does. ing to do is keep my word to the House I am told that a point of order can be forward with the cancer research center, it still intends to use that $65 mil- of Representatives when I stood on the made against it. The distinguished floor and said these funds would go for chairman of the subcommittee has re- lion on other projects that the State of Texas deems worthwhile; is that cor- cancer treatment and research. I be- served that point of order, so at the ap- lieve that. I still at this point in time propriate time, unfortunately, I will rect? Mr. BARTON of Texas. That is cor- think that was the most appropriate have to withdraw the amendment. use, but our State leaders have decided However, I believe that we should put rect. Mr. LIVINGSTON. But was that not otherwise. They have the legal author- ECORD that we did intend for in the R ity to do so. this money to be used to build a cancer the intention of the Congress when they decided to leave the $65 million I would just hope that between now treatment center. It was my purpose at and the conference, the subcommittee the time to have the money spent for with the State of Texas after the super chairman will work with the ranking that reason. I still think that was the collider project collapsed? member to work with the Attorney best use of those funds. Mr. BARTON of Texas. That is cor- Mr. LIVINGSTON. Mr. Chairman, rect. In fact, we have a monologue by General to see if there might be some will the gentleman yield? the gentleman from Indiana [Mr. way yet to rescind these funds. Mr. BARTON of Texas. I yield to the MYERS], the chairman, last year on Mr. LIVINGSTON. I commend the gentleman from Louisiana. that very point. He asked the Depart- gentleman on his position. I think he Mr. LIVINGSTON. Mr. Chairman, I ment of Energy and they said specifi- has been true to his word from the very just want to be sure that I understand cally that they did not believe that beginning, from the inception of his the facts. I know that the gentleman they could authorize $210 million uni- support for the Super Collider project, for some 10 years was the most stal- laterally; that they felt like the most throughout that project, and since wart supporter of the super collider in they could give to the State in cash then. the House of Representatives. I person- was $145 million, but they could sup- Mr. MYERS of Indiana. Mr. Chair- ally supported the super collider as port the $65 million for the cancer man, will the gentleman yield? well, and think that the House and the treatment center if it passed peer re- Mr. LIVINGSTON. I yield to the gen- Congress as a whole made a terrible view. tleman from Indiana. mistake when it turned its back on Mr. LIVINGSTON. If the gentleman Mr. MYERS of Indiana. Mr. Chair- that productive science and chose not would yield further, do I understand it man, this subcommittee did support to go forward with what would have is the gentleman’s position that if the the SSC up to its final blow. It is not reaped great results for the American money is not to be used as a cancer re- quite as simple as has been presented people. search and treatment center, then in- here today. However, Congress did decide to deed the money should be rescinded? In settlement for the SSC, the Fed- scrap the super collider as the project The CHAIRMAN. Does the gentleman eral Government agreed to a two- was well underway. There were facili- from Indiana [Mr. MYERS] continue to pronged approach, which this sub- ties that were left, and there were reserve his point of order? committee opposed for quite some moneys that were unexpended in the Mr. MYERS of Indiana. Mr. Chair- time, not so much the cash settlement super collider account. If I am correct, man, I continue to reserve my point of with Texas but the fact that that $65 Mr. Chairman, and I hope if I am not order. million is not left in the account, not the gentleman would correct me, but Mr. LIVINGSTON. Mr. Chairman, I at all. It was placed in escrow. It can as I understand it, the $65 million left move to strike the last word. be spent as far as this committee is in the super collider account which, in Mr. Chairman, as I understand it, concerned only for one purpose, the order to mollify, in effect, the people of now that the super collider project has construction of the cancer treatment Texas for the loss of this project that fallen through and the State of Texas facility. was begun and then abandoned by the has decided unilaterally not to go for- The subcommittee is not opposed to Congress, was expected to go into a ward with the cancer treatment and re- that by any means, but we did not feel cancer research facility. search center, that it is the position of that we should tie up the money. Texas Mr. BARTON of Texas. Mr. Speaker, the gentleman from Texas that the should still have the right yet today to that is correct. right thing would be to return that $65 spend that money any way they wanted H 6796 CONGRESSIONAL RECORD — HOUSE July 11, 1995 to. So it is not quite like leaving the Much about this settlement disturbs me— you that the settlement outlined in the money there so it can be spent any way and should disturb every Member of this terms of agreement can be paid for out of exit wants to. It was committed. body. Under the settlement, taxpayers will isting appropriations? When I was a trust officer some years be forced to shell out more money for a dead The Department’s proposed settlement with Texas goes much further toward satis- ago, when something was put in trust, project to pay off spurious claims by Texas— claims that were expressly rejected by this fying the state’s unreasonable claims than I we had to fulfill that trust. We could body in 1990. would prefer. Still, like you, I would prefer not change that agreement by anyone. Worse still, the agreement sets up a mock to put this whole sorry chapter behind us We tried to say, just take the $210 peer review process to provide additional (And in bills like the one Congressman Bou- million and give it to Texas. DOE funds to the States. The review process in cher and I have drafted, providing for high would not accept that. With an agree- the settlement has more in common with a energy and nuclear physics, we are indeed ment with the authorities in Texas, shotgun wedding than with normal scientific looking toward the future.) I hope you can they said the only way we can do this merit evaluation. offer me the reassurances I need to back the is to give the State of Texas $145 mil- Under the settlement, if the reviewers— proposed settlement on the House floor. I whom Texas will have a say in selecting—do lion in cash, which they got, and then look forward to hearing from you. not approve the $65 billion grant, the entire Sincerely, place $65 million for this cancer center, settlement is nullified. This sounds more SHERWOOD BOEHLERT, for which we were told Texas probably like peer pressure than peer review. I hope Member of Congress. would never vote. no potential source of future funds for the They wanted to bypass the system in linear accelerator is taken in by this unusual THE SECRETARY OF ENERGY, Texas to obligate the money; am I not arrangement. Washington, DC, August 8, 1994. correct on this point? Now I think Finally, I’m concerned that the Depart- Hon. Sherwood Boehlert. there is a serious legal question. How ment of Energy already seems to be sidling U.S. House of Representatives, Washington, DC. DEAR CONGRESSMAN BOEHLERT: I was very do we correct the mistake—and I call it away from its initial statements that the settlement can be funded entirely from fiscal pleased to receive the advice contained in a mistake—that was made 2 years ago 1994 appropriations. I hope the Department your letter of July 28, 1994 that the briefing when this $65 million was put into es- proves more capable of living within cost es- on the Department’s settlement terms with crow. timates than it has in the past. Texas conducted by Under Secretary Curtis This is the reason I must object Still, despite all this, and despite the co- was helpful to you. I share your hope that today, until we find out what we can vert way the Department has proceeded, I our lines of communication remain open and legally do. We do not want to hang it will reluctantly go along with this settle- constructive. up here and leave it hanging again. ment because I believe delaying the shut- Turning to your specific questions, the De- Let’s settle it once and for all how we down now will cost taxpayers even more partment has made no commitment for future Federal funding of former approach this problem. money. There’s a benefit to be gained simply in putting this entire episode behind us. Superconducting Super Collider facilities. To Mr. LIVINGSTON. Reclaiming my In addition, my two primary concerns have the contrary, the $65 million grant toward time, would the distinguished chair- been addressed. In a letter that I will include completion of the Lear Accelerator as a med- man of the subcommittee be inclined in the RECORD, the Department has pleaded ical facility is described explicitly as a one- to at least address this issue in con- that this will be the last Federal money time contribution. The settlement terms ference so that we get all the facts and going to the SSC site and that termination clearly state that the Department is to have understand really what happened costs should be held to the level already ap- no continuing or additional obligation in fi- there? propriated. nancing this or any other former Mr. MYERS of Indiana. If the gen- HOUSE OF REPRESENTATIVES, Superconducting Super Collider facility. Washington, DC, July 29, 1994. The full scope of termination activities in- tleman would continue to yield, in dis- cludes costs of a settlement of the Texas re- cussion with the gentleman from Texas Hon. HAZEL R. O’LEARY, Secretary of Energy, U.S. Department of En- imbursement claim and the above-mentioned [Mr. BARTON], we discussed that. Let’s ergy, Washington, DC. grant associated with Texas’ future use of settle the legal question, whether we DEAR MADAM SECRETARY: I appreciated the the Linear Accelerator. During negotiations can do this as simply as we are trying briefing I received from the deputy secretary with Texas, the Department has emphasized to do it today, before we try to do it. If and our staff last week on the terms of the importance of minimizing the prospect it gets settled before we go to con- agreement with Texas. I hope the lines of of requiring any additional appropriations ference, of course, we will agree with communication can remain open in the fu- for Super Collider activities. Based upon our that. ture. current cost estimates and planning assump- Mr. BARTON of Texas. If the gen- I do continue to have several concerns tions, the Department fully expects that all about the agreement with Texas that I hope anticipated termination expenses—including tleman will yield further, I thank the you can allay. settlement with Texas and a $65 million one- subcommittee chairman and the full First, the agreement seems to set up a sit- time Federal contribution toward comple- committee chairman. uation in which Texas could be coming back tion of the LINAC—can be accommodated Mr. Chairman, I submit material quickly to the federal government for addi- with existed appropriated funds. We will from last year’s RECORD for this tional funds to operate former Super- work aggressively to achieve this goal RECORD, as follows: conducting Super Collider (SSC) facilities. through management efficiencies and, to the Senate amendment No. 35: Page 19, line 19, The grant to complete the Linear Accelera- extent possible, changing the scope of termi- after ‘‘tract’’ insert: ‘‘: Provided further, That tor (LINAC) with its unusual peer review nation activities. of the amounts previously appropriated to provisions and the continuation of the plan- Your letter notes concerns regarding the orderly terminate the Superconducting ning grant to Texas—also awarded under un- reliability of prior Department of Energy Super Collider (SSC) project in the Energy usual procedures—would seem to indicate cost estimates regarding the and Water Development Appropriations Act, that Texas still wishes to encumber the fed- Superconducting Super Collider project, I 1994, amounts not to exceed $65,000,000 shall eral government in the future with projects share those concerns. Therefore I must ac- be available as a one-time contribution to unrelated to national scientific priorities. knowledge that judgments about estimated the completion, with modification, of par- Has the Department agreed—either in the costs of termination necessarily will be reas- tially completed facilities at the project site agreement or in any other documents or dis- sessed as our knowledge increases while if the Secretary determines such one-time cussions—to any future funding of former project termination progresses. Nonetheless contribution (i) will assist the maximization SSC facilities? I believe it is imperative that our actions are directed to the goal, which of the value of the investment made in the the federal government severe all ties (ex- thus far seems an achievable one, of conclud- facilities and (ii) is in furtherance of a set- cept those concerning liability) with the SSC ing all termination activities—including the tlement of the claims that the State of site. settlement—from within the current appro- Texas has asserted against the United States Second, I remain concerned that the settle- priations of $735 million. in connection with the termination of the ment costs could exceed the funding avail- In order to maximize our prospects of SSC project: Provided further, That no such able from existing appropriations. The un- meeting our goals of funding all termination amounts shall be made available as a con- certainties associated with environmental activities from within the $735 million we are tribution to operating expenses of such fa- cleanup at the site, the proposed elimination conducting a complete rebaselining in order cilities’’. of contingency funds and the continuing to identify the management efficiencies and Mr. BOEHLERT. Mr. Speaker, the con- threat of claims and litigation from local au- potential changes in scope of work described ference report before us today in effect ap- thorities in Texas raise questions about the above. We will provide you a supplemental proves the tentative agreement reached to adequacy of the $735 million on hand to im- report on this work when it is concluded. settle the claims of Texas against the De- plement the settlement. And quite frankly, I hope this information will help allay the partment of Energy for shutdown of the our experience with Department of Energy concerns that you have raised, and that they superconducting super collider [SSC]. cost estimates is not good. How certain are will enable you to conclude, as I have, that July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6797 these settlement terms are in the national voted to kill it last Congress. The Na- Mr. OBEY. Mr. Chairman, I rise in interest and merit your support. tional Academy of Sciences twice re- support of the pending amendment. Sincerely, jected this technology; once in 1992 and Mr. Chairman, as the previous speak- HAZEL R. O’LEARY. once in 1994. er indicated, this is a bipartisan Mr. BARTON of Texas. Mr. Chair- The National Taxpayers Union and amendment. It is being offered by the man, I ask unanimous consent to with- the Citizens Against Government gentleman from Wisconsin [Mr. KLUG] draw the amendment. Waste, Friends of the Earth, U.S. PIRG and by myself, and the gentleman from The CHAIRMAN. Is there objection and a number of other groups are all Florida [Mr. FOLEY], and by the distin- to the request of the gentleman from opposed to the technology. guished gentleman from Minnesota Texas? And may I add that a number of my [Mr. LUTHER]. There was no objection. colleagues in particular have been very This amendment, as has already been AMENDMENT OFFERED BY MR. KLUG supportive in my attempts to kill this indicated, cuts $20 million in the bill Mr. KLUG. Mr. Chairman, I offer an funding: My colleague, the gentleman for the gas turbine modular helium re- amendment. from Wisconsin [Mr. OBEY] the distin- actor. This program is a prime example The CHAIRMAN. The Clerk will des- guished ranking member of the com- of the continuation of corporate wel- ignate the amendment. mittee, who we will hear from in a few fare for a mature segment of the nu- The text of the amendment is as fol- minutes and, particularly, I would like clear industry for a program with ques- lows: to pay tribute to the gentleman from tionable technology. Amendment offered by Mr. KLUG: Page 16, Florida [Mr. FOLEY], a freshman Con- Mr. Chairman, as was pointed out, line 1 strike ‘‘$2,596,700,000’’ and insert gressman who led the fight in the au- the Committee on Science recently ‘‘$2,576,700,000’’. thorizing committee, in fact, over the voted 23 to 15 to kill the program, de- Mr. KLUG. My colleagues, this is an objections of his committee chairman, spite the support of the Chairman of amendment to try to attempt to termi- to defund this technology. that committee. No funds have been re- nate the GTMHR program, which is a Mr. Chairman, where does the De- quested for this program by the Presi- gas turbine nuclear reactor project. partment of Energy stand on this? This dent for 3 years in a row. That is fiscal But let me, if I can, put two numbers is from a letter written to the gen- 1994, 1995, and 1996. And yet somehow in perspective. tleman from Florida [Mr. FOLEY], June Congress finds room, within a brutal Taxpayers have already spent more 20, 1995. The Energy Department, budget for working people, to allocate than $900 million to develop this tech- .. . does not support continued funding for funds for this program. nology. This bill in front of us appro- the gas turbine nuclear helium reactor. Over the past 30 years, taxpayers priates $20 million under energy re- There are significant questions about the vi- have been asked to spend 900 million ability of this reactor type, including wheth- search supply activities to fund the smackeroos on gas-cooled reactor pro- er the fuel will retain fission products to the grams. And what do we have to show project and if we continue to fund the extent necessary for safety. project, the General Accounting Office There is little utility interest in this tech- for it? Absolutely zip. Mr. Chairman, as was indicated pre- estimates that we will spend nearly nology and we believe that development of viously, the only commercial version $2.6 billion in additional funds. this reactor concept would require Federal ever built was in Colorado. That oper- It is always interesting to come to expenditures in excess of $1 billion over the next decade.’’ ation had the worst operating record of this floor to try to argue to terminate any nuclear facility. It was shut down science projects, because we are invari- Again the General Accounting Office in 1990, after it operated at only 14 per- ably told that science projects are ei- says $2 billion. cent of capacity. And despite the ther are in two stages of development. Gas cooled reactor technology has been claims of the proponents of this tech- It is early enough in the project where under development by the Federal Govern- ment for approximately 30 years without nology about a new design and 50 per- we do not know if the technology is tangible benefits. The Department, there- cent private sector match, the tech- going to pay off, so we cannot stop it, fore, proposes to terminate work on the gas nology is still not proven. or we have invested so much money in turbine modular helium reactor. The real question is simply whether the project over the years, cannot af- Signed by Terry Lash, who works for we are going to continue to fund this ford to terminate it so we still have to Hazel O’Leary, who is the Secretary of program at an eventual cost of $5.3 bil- spend the money. Energy. lion. I would hope not. This amendment will simply elimi- So we have the Reagan administra- b nate the funding this year from the ap- tion, the Bush administration, the 1715 propriations bill for $20 million the Clinton administration, the Senate, I would point out there has not been amount appropriated to GTMHR. But the National Academy of Sciences, the a nuclear power plant successfully li- let me make it clear to my colleagues authorizing committee. The bottom censed in this country since 1974. The immediately that this year’s science line is that nobody thinks this tech- nuclear industry itself is lukewarm to authorization committee in full com- nology will work. this particular type of reactor, and, mittee specifically struck all funding In fact, once upon a time there actu- third, even nuclear advocates admit for this project. ally was a commercial project which that there are no utility orders for this Now, you know, you ask yourself why attempted to use this technology. It type of plant based on this technology we did not go to the Committee on was run in Colorado at Fort Saint that would be placed before the year Rules and ask them to strike on a Vrain. The reactor was closed down 2010. So it seems to me this is a little point of order since we have an appro- after 16 years after operating at a very premature. priations today which has never been impressive 14 percent of capacity. I would simply say that this Congress authorized. But we were told by the I think it is abundantly clear that appears to be all too willing to cut Committee on Rules that we could not after 30 years of funding this tech- Medicare, all too willing to cut edu- do it that way. We had to fight it on nology, it is virtually impossible to cation, all too willing to cut job train- the floor in order to kill it. But I think find any support for it in the scientific ing programs, all too willing to cut it is clear by the rules of the House, community. As we saw last month, other science, all too willing to cut when the authorizing committee kills a there is no support of it in our own anything that benefits directly the program by a vote of 2 to 1, there is ab- Committee on Science. Our Committee working people of this country, but solutely no way this program can on Science voted 2 to 1 to kill author- when it comes to hardware items, stand. ization for it. whether it is the F–22, which we do not Now, who wants this project killed? Again, the Department of Energy, need until the year 2014, whether it is Let me start back with the Reagan ad- the Reagan administration, the Bush this or whether it is several other reac- ministration which recommended it be administration, and the Clinton admin- tor technologies in the bill, evidently killed; followed by the Bush adminis- istration all recommended this pro- the Congress feels comfortable in fund- tration which recommended the program be terminated. I urge my col- ing and providing funds for that. I gram be terminated; followed by the leagues today, once and for all, to fi- think that represents misplaced prior- Clinton administration. The Senate nally put this technology behind us. ities. H 6798 CONGRESSIONAL RECORD — HOUSE July 11, 1995 I would urge you to vote for this And I think it is fair to ask the ques- the use of helium gas, for example, as amendment. Turn down this project. tion: What would you replace it with? the coolant because helium is inher- Save some money, leave a few table Do you replace it with oil at $1 billion ently safer than any other kind of scraps for programs that affect the wel- a week? Do you replace it with hydro? available coolant systems. There have fare of working people. Right now the environmentalists are been a number of other changes to im- This is a turkey. It is a boondoggle. trying to tear down dams because of prove the efficiency of the system. It It is unaffordable. It is not needed. We salmon and fish and so on, and there is employs a number of unique character- ought to kill it and kill it right now. none left. Do you replace it with fossil istics which take a great deal of time Mr. CUNNINGHAM. Mr. Chairman, I fuels and coal, which is damaging to to fully develop. The pelletized system move to strike the last word. the environment? Of course, the answer for containing the plutonium, for ex- Mr. Chairman, I respect the gentle- is ‘‘no.’’ ample, is a complex technology in it- man’s opinion. But let me put some ac- Twenty percent of our energy can be self. But it is my opinion and that of tual facts. replaced with this system, and is, and Chairman WALKER and obviously of the First of all, it was said that the tax- it is a viable system. gentleman from California, Mr. payers were against this. This tech- Taxes and jobs and lower electricity CUNNINGHAM, who spoke so eloquently nology replaces $1 billion per week in costs: We heard about LIHEAP and and has obviously done his homework oil that we are purchasing, $1 billion, that we are taking away the cost of on this technology about its potential and it is cleaner. supplementing because of energy costs We say there is not benefit from this. value, it is our view that with the fair- for poor individuals in this country. ly modest expenditure of funds that There is 75 percent less nuclear heavy Well, this reduces those energy rates metal waste. this can make a substantial contribu- for individuals not only in San Diego tion to the energy technologies of the It was also mentioned that Colorado but across this Nation, and I think that was a failure. It is because they used future. is important also, Mr. Chairman. Now, there is some complaint this is 25-year-old technology, mechanical Nuclear is part of a secure energy fu- technology. The system in Pennsylva- long-range, as much of our research ture. Can nuclear be improved? Yes, it and development is. It does not com- nia has been 86 percent efficient and can, and that is why we have these produces 50 percent higher yield than pare in long range to the fusion pro- kinds of pilot programs. gram, for example, which I have been any current nuclear operating plant If today’s nuclear plants were as effi- trying to nurse along for the last 30 that we have in existence. So there is cient as GTMHR, taxpayers would save years, and I am still told that in an- benefit. about $10 billion a year just because of The private industry itself has put in the increased proficiency that has been other 30 years it may produce a com- over $800 million into this program, proven. mercially feasible energy technology, and it is good science. Only the modu- The Committee on the Budget said and I believe that it will. But that is lar helium reactor has got these char- ‘‘yes’’ on the GTMHR. It fulfills the 6 quite a long-range program, and, of acteristics, that it is also meltdown- criteria for priority funding for essen- course, the cost of fusion is at least 10 proof, one of the problems that many tial science. times or more, 10 to 20 times what we people were afraid of in early nuclear I would also like to say to my fresh- are spending on this program, which technologies, which was that there was man colleagues, this system was spe- could pay off sooner and could provide going to be a meltdown. This system cifically mentioned in the Kasich budg- an opportunity for export in this coun- will not do that, Mr. Chairman. et because of its importance and is in try, which I think would be extremely Early demonstration plans in Penn- the balanced budget. It specifically ad- useful. sylvania and Colorado have proved the dresses it because of its importance. The company that is mainly involved integrity of the basic science. As I The Kasich budget that you voted for in developing this technology has spent mentioned, in Colorado they used 25- includes this program. tens of millions of dollars of its own year-old technology, and that is why I would like to ask you to vote money over the past 20 years. It is in- you have a pilot program is to deter- against this amendment and support volved in conversations or discussions mine the pluses and the minuses. We the turbine because it is the future of with the Russians about the possibility determined that it was a minus. So we energy and the future of science. of using this to assist them to replace established a system in Pennsylvania Mr. BROWN of California. Mr. Chair- the present Russian nuclear commer- which proved very, very effective. man, I move to strike the requisite cial reactor facilities, and I think this The effort in the 1990’s focused on number of words. is a very interesting and rater promis- driving down the cost, combining the Mr. Chairman, I rise in opposition to ing possibility. modular helium reactor with direct the amendment and in support of con- There are reasons why this Commit- drive gas turbine for higher efficiency. tinuing the modest funding for this gas tee on Appropriations, the authorizing Combined with higher thermal outputs, turbine modular helium reactor. committee, have both supported this it made dramatic increases in the I recognize that, as the distinguished over the past decade or more. It has power outputs. gentlemen from Wisconsin indicated, this kind of promise that I have indi- I could tell you the per module kilo- that there is a bipartisan effort to cated. It is worth nursing along. watt-hour, but I will not. It has more strike this $20 million from the funding While we are pressed for funds, obvi- than doubled it, more than any current in this bill and hope that that will bal- ously, this is included in the budget nuclear facility, and that is important, ance the Federal budget. I confess to projections, as the gentleman from we feel, also. having historic interest in this pro- California [Mr. CUNNINGHAM] has indi- The $20 million appropriation should gram and to indicate that there is bi- cated, because it is a promising tech- be compared, as I mentioned, with $1 partisan support for continuing with nology and it is a relatively expensive billion spent by U.S. foreign oil each the program. energy technology compared to most of week. I note that Chairman WALKER and I the others that we are promoting at Several years ago the National Acad- both signed a ‘‘Dear Colleague’’ asking this time. emy expressed some concerns over the you to support this program, and when So I ask you to support the commit- economic competitiveness of GTMHR. you get Chairman WALKER and me to tee, support those of us admittedly in Since the increase in power and the in- agree, you cannot get any more bipar- the minority on the authorizing com- crease in costs have been lowered, we tisan than that. And I suggest that our mittee. This was a generational thing. expect another report. reasons for doing that are because we The senior Members voted for it, but Nuclear provides 20 percent of our have been involved in supporting this we are outnumbered by the junior power today, nuclear energy. There are program with good cause for the better Members who want to make their im- some Members on the floor, and they part of the past generation. This is an pact by cutting out something, and have a right to that opinion, are evolving technology. It will not bear this was their target of choice. against nuclear energy. We feel that fruit overnight. I do not think this is the proper way the energy policy of this country has It has undergone several changes to legislate and disregard the efforts got to involve nuclear energy. over the past decade. It has moved to that have gone on, as I say, for the last July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6799 15 or 20 years to support promising which greatly reduces waste, we are Mr. BILBRAY. I think there is an technologies of this sort. going to have to spend some govern- issue there, and I would ask everybody Mr. HUNTER. Mr. Chairman, I move ment dollars, and we, as conservatives that would love to vote for this amend- to strike the requisite number of and liberals and moderates in this ment to recognize that if they want to words. body, have to accept and understand try to kill this technology in this re- My colleagues, the distinguished gen- that. search, then be ready to go back to tleman who offered this amendment Let me just say, the gentleman from their district and say, ‘‘I don’t think stated that there is no legitimate sup- California [Mr. BROWN], who just the issue of our military-grade pluto- port for this reactor, but, in fact, there spoke, was very eloquent on that point. nium, the hundred tons that is going to is, and I have a couple of letters, one We have a common interest in this exist between Russia and the United here from Duke Power that says, body in following this technology. States, is an issue that we really need ‘‘GTMHR represents breakthrough po- So, if you just want to be anti-nu- to worry about right now.’’ This tech- tential for nuclear power.’’ Maybe its clear, vote for this amendment. But if nology takes a problem and creates an opponents do not want a breakthrough, you want to approach and continue de- answer to it, and for those of us that but if there is no breakthrough, it is velopment in a rational manner, to have been involved in environmental hard to explain where the world’s elec- meet the two great challenges, that is, issues, we use a term called appro- tricity is going to come from in the meltdown and, second, waste disposal priate technology, and this is the ap- next century. problems, with respect to nuclear reac- propriate technology for the use of an The Nuclear Energy Institute simi- tors, then please vote to reject this existing system, and it is probably the larly writes a letter of support, stating, amendment. best example, Mr. Chairman, of mili- ‘‘The nuclear industry also supports Mr. BILBRAY. Mr. Chairman, will tary conversion. Federal funding for other advanced re- the gentleman yield? I say to my colleagues, ‘‘Let’s take actor technologies, such as the Mr. HUNTER. I am happy to yield to that military equipment, the pluto- GTMHR. These technologies will have the gentleman from California. nium, and let’s convert it into power so an important role in America’s elec- b 1730 the civilian use can help our economic tricity supply, and the industry has in- prosperity built on past military ex- vested more than $10 million in R&D Mr. BILBRAY. Mr. Chairman, I ap- penditures.’’ efforts to date on advanced nuclear en- preciate the gentleman from California The CHAIRMAN. The time of the ergy technologies.’’ [Mr. HUNTER], my colleague. I think gentleman from California [Mr. HUN- Now, my colleagues, we have got a those of us that were involved in the TER] has expired. lot of conservatives and a number of nuclear debate back in the 1970’s would (By unanimous consent, Mr. HUNTER Members who are more liberal, alike, recognize that waste production was was allowed to proceed for 1 additional but who are concerned about govern- the major concern at that time, and if minute.) ment expenditures, who say, ‘‘Well, that nuclear could have come before Mr. PACKARD. Mr. Chairman, will doggone it, why is private industry not America and said, ‘‘We will not only the gentleman yield? paying for this R&D?’’ And I think the produce nuclear wastes, we will Mr. HUNTER. I yield to the gen- American nuclear society states it best consume waste,’’ then I think there tleman from California. when they explain why private indus- would be a whole lot of different dis- Mr. PACKARD. Mr. Chairman, I will try is not coming forth with that cussion by those of us who were in- be very brief. I simply want to com- money. It is because there is presently volved in the debate at that time. This mend the committee chairman, the a chilling effect throughout this coun- technology not only has the capability gentleman from Indiana [Mr. MYERS] try and throughout industry on any of avoiding those pitfalls, but it also and the gentleman from Alabama [Mr. type of reactor. When did we build the has the ability of consuming a waste BEVILL] for a very good bill, and on last reactor? How many decades ago problem that has been totally ignored this issue I strongly urge the Members was it we built the last reactor? by this body at this time, and that is to resist the amendment and rise in Let me just quote what is stated by the fact that there is going to be over support of the bill language. the American Nuclear Society, a group 100 metric tons of plutonium, military- Mr. HUNTER. Mr. Chairman, I thank which incidentally very strongly sup- grade plutonium between Russia and the gentleman from California, and I ports this reactor. They say, ‘‘The the United States; that all we are talk- also commend the chairman and rank- United States no longer holds a posi- ing about right now is putting it in the ing member for their excellent work. tion of competitive leadership within ground and hoping, hoping that some- Please oppose this amendment. The the international commercial nuclear body does not know it is there, and use committee put together a responsible industry, due, in large part, to a web of it for operations we do not care about. mark here, and this is specifically in- disincentives imposed upon nuclear en- I think one of the concerns we need cluded in the balanced-budget resolu- ergy technologies, including tax laws to recognize is that this technology, it tion. It is within that resolution. discouraging collaborative research not only consumes waste, it not only Mr. LUTHER. Mr. Chairman, I move and development among corporations.’’ produces power, but there is this na- to strike the requisite number of We cannot deny that. That exists tional defense issue that I think we got words. today. That is why private industry is to talk about. They will say, ‘‘Why Mr. Chairman, I rise today as a co- not coming forth. ‘‘Nuclear plant li- doesn’t the private sector do this?’’ I sponsor of this amendment. Recently, ability coverage requirements far in will tell my colleagues we cannot walk along with the gentleman from Florida excess of other industries, despite de- away from our obligation to address [Mr. FOLEY] I was part of the biparti- monstrably lower risks to public safe- the plutonium issue, not only in the san effort that has been referred to ty.’’ We cannot deny, in fact, that ex- United States, but across the globe. We here in the House Committee on ists, that liability exists. That chills have 100 metric tons that this tech- Science which eliminated a $25 million the industry and deters private indus- nology can address so that it would not authorization for this particular try from investing. ‘‘Trade policies pro- be used against the people of the Unit- project. Now I stand before my col- hibiting sale of nuclear energy equip- ed States. leagues to urge my colleagues to sup- ment,’’ that does exist. ‘‘Failure of The CHAIRMAN. The time of the port this amendment which would governmental agencies to fulfill man- gentleman from California [Mr. HUN- eliminate the appropriations for the dates for spent fuel storage and waste TER] has expired. same project. management, which creates over- (By unanimous consent, Mr. HUNTER I respect the motives of the support- whelming economic uncertainties for was allowed to proceed for 1 additional ers of this particular program, but I be- potential investors,’’ my colleagues, all minute.) lieve it should be terminated because, of those things exist in the private sec- Mr. BILBRAY. Mr. Chairman, will based on all of the available informa- tor, and that is why, if we are going to the gentleman yield? tion, it is too unlikely to become a meet this challenge for a reactor tech- Mr. HUNTER. I yield to the gen- competitive energy resource for the nology which does not melt down and tleman from California. Congress to justify a request for more H 6800 CONGRESSIONAL RECORD — HOUSE July 11, 1995 taxpayer dollars. The scientific com- lion tons of carbon dioxide, 5 million Science markup, I strongly opposed it munity in this country has rejected the tons of sulfur dioxide, and 2 million then, and I strongly oppose it today. claims of the supporters of this project. tons of nitrogen oxides. However, 70 Today, nuclear energy produces Studies by the National Academy of percent of the electrical power is being about 20 percent of our electricity. Sciences, the Department of Energy provided by burning fossil fuels—most- This is the largest producer next to and the Electric Power Research Insti- ly coal, some natural gas, and some oil. coal. World electricity demand is ex- tute have pointed out that this tech- Combustion of these fuels results in pected to triple over the course of the nology is expensive, inefficient, poten- the production of significant environ- next century and I feel it would be ex- tially unsafe, and a poor option for the mental pollution—greenhouse gases tremely short-sighted to eliminate this disposition of excess plutonium. such as carbon dioxide, acid rain gases program when we are going to need a Funding for this program is also op- such as sulfur dioxide, and smog means to meet the worlds increasing posed by the National Taxpayers Union effluents such as nitrogen oxides. electricity demands. and Citizens Against Government Concern for environmental quality is Living in a country which now con- Waste. placing an increased emphasis on de- sumes $1 billion in foreign oil imports Last November, Mr. Chairman, the velopment of electricity generation op- each week, I think it is imperative to voters in my State of Minnesota and tions which avoid the environmental explore other energy options. across the country sent a message to impact of burning fossil fuels. Nuclear The GT–MHR is one of the most the U.S. Congress. They said the time power has stalled in the United States promising next generation nuclear re- has come for us to balance our budget because of concerns with uncertain actors. As a scientist, let me tell you by establishing priorities and making safety, marginal economics, waste dis- why I am supportive of this reactor. It tough decisions. Like all programs, a posal, and proliferation resistance. The combines a meltdown-proof reactor and case can be made for this particular GT-MHR is designed to mitigate or to advanced gas turbine technology in a program. But this program has been re- resolve these concerns. The GT–MHR powerplant that can provide 50 percent jected by the administration, the sci- has: First, the highest safety of any nu- more electrical power per unit of ther- entific community, the U.S. Senate, clear power system; second, the lowest mal energy than other reactors. the House Committee on Science. It is cost of any alternative system; third, The current design dramatically low- simply not a high enough priority to the least waste of any nuclear system; ers the production of radioactive justify further expenditure of taxpayer and fourth, the highest proliferation wastes and thermal emissions which dollars with the budget crisis that we resistance of any nuclear power sys- results in a new kind of powerplant face in this country. tem. It couples a high-efficiency gas that is efficient and safe provider of When I came to Congress, people turbine to the passively safe modular low-cost electricity. warned me, ‘‘Be careful about what you helium reactor developed specifically Mr. Chairman, this is a prime exam- start here because once a program is in response to our requests for a simple of the kind of technology we need begun, it just keeps on going and pler, safe nuclear power system. to pursue and I urge a no vote on the amendment. going. You can never stop it here.’’ It achieves a 50 percent improvement Mr. MINGE. Mr. Chairman, I move to I believe that this particular project in generation efficiency over present is a classic example of that kind of strike the requisite number of words. nuclear systems. This efficiency im- Mr. Chairman, I have an important self-perpetuation. But today we can provement plus the physics character- disprove that admonition. We can stop announcement for the American peo- istics of the modular helium reactor ple. Pork-barrel politics is alive and this project today on the House floor. result in a 75 percent reduction in Quite simply, Mr. Chairman, I leave well in Washington. heavy metal radioactive waste genera- my colleagues with this thought. If we My colleagues may have thought tion and a 50 percent reduction in ther- cannot cut this program, what program that the change which took place last mal discharges per kilowatt hour pro- can we cut in this Congress? I urge my November would bring an end to poli- duced. These environmental advan- colleagues to make the tough decision tics as usual. But that is not the case tages coupled with the absence of emis- and show the American people that when it comes to bringing home the sions make the GT–MHR a clear choice Washington can change, that we can pork. True, we are making significant to reduce the environmental impact of prioritize and that we can cut pro- efforts to cut overall spending to bal- burning fossil fuels. grams. A vote in support of this ance the budget—and I support those amendment is a bipartisan vote to The unique safety, economic, and en- efforts. But despite the deep spending change the way Washington operates vironmental characteristics of the GT– cuts, members of the Appropriations and a step toward restoring the con- MHR system are the reasons why its Committee have managed to slip fidence people have in government. development was undertaken in the wasteful, unauthorized and unre- Mr. FAZIO of California. Mr. Chair- first place. We have made a significant quested projects into this spending bill man, I move to strike the requisite investment and have made major for the benefit of local or special inter- number of words. progress in this technology. In the ab- ests back home. Mr. Chairman, the sponsors of this sence of an energy policy which indi- As a cochair of the Porkbusters Coa- amendment to terminate the gas tur- cates otherwise, now is not the time to lition, I rise today in strong support of bine-modular helium reactor [GT– abandon this technology and discard the Klug amendment to cut the $20 MHR] program appear not to appre- our investment. We are on the thresh- million in this bill which is earmarked ciate the environmental benefits pro- old of realizing the promise of the high for researching an impractical nuclear vided by nuclear power and the par- temperature reactor technology. I urge technology referred to as the gas tur- ticularly unique environmental advan- my colleagues’ support to defeat this bine-modular helium reactor. The GT– tages of the GT–MHR technology. To amendment, and I hope we can make MHR is a prime example of what the exploit the benefits of nuclear power, valid the investment that this commit- Federal Government ought not to be the development of advanced nuclear tee and this Congress have made for a funding. This $20 million appropriation technologies needs to be continued number of years. We have eliminated was not requested by the President in with the objective of achieving higher many of the alternatives. It seems to his budget and has not been authorized efficiencies, enhanced safety character- me we should stay the course on those by the Science Committee. In fact, as a istics, lower costs, greater prolifera- that show the most promise. member of the Science Committee, I tion resistance, and less environmental Mr. BARTLETT of Maryland. Mr. participated in a bipartisan vote to impact. Chairman, I move to strike the req- eliminate the GT–MHR. This wasteful The GT–MHR is the only foreseeable uisite number of words. boondoggle was also opposed by the option that offers an improvement in Mr. Chairman, I rise to express my Reagan and Bush administrations. In these characteristics. Today, over 20 strong opposition to the amendment. addition, several expert organizations percent of the Nation’s electricity is When a similar amendment was intro- are opposed to funding the GT–MHR in- being produced by nuclear power which duced by the gentleman from Florida cluding the National Academy of is displacing, on a yearly basis, 600 mil- [Mr. FOLEY] during the Committee on Sciences, the Electric Power Research July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6801 Institute, and the Department of En- ment to pay the closeout costs of the mately $900 million has been appro- ergy. project. The closeout costs for the priated from taxpayers’ money to be Mr. Chairman, over the past 30 years, project are going to approximate the spent on high temperature gas cooled American taxpayers have seen nearly same $20 million. So we end up with an reactor technology. But this expendi- 900 million of their hard-earned dollars amendment that absolutely saves no ture has been a sound public invest- wasted on this inefficient reactor tech- money and would require the same ment for the following reasons. We nology without any tangible benefit. money to be spent in 1996 to terminate have had in fact a sound public invest- Incredibly, the General Accounting Of- a program that in a matter of a couple ment for these reasons: fice has estimated that it will take an- of years, after several hundred million Number one, an amount substan- other $5.3 billion to complete the GT– dollars’ worth of spending, will be com- tially equal to the taxpayers’ $900 mil- MHR. I ask my colleagues: Do you plete. lion has also been invested by private think your constituents would approve You tell me what the sense is on industry in the high-temperature gas- of throwing more of their money into that. You cannot come to the floor and cooled reactor technology. This is the this black hole of waste? I think not. suggest that there are rational ways of kind of government and industry part- I urge my colleagues to take the high doing these things if what you are pro- nership we want for research and devel- ground and suppress efforts such as posing is irrational. It’s absolutely ir- opment to advance promising tech- this to pull a fast one on the American rational to come to the floor, claim nologies. people. If we are insistent on cutting you are going to save money when These funds together have permitted spending, it should begin with cutting there are no savings, and in fact cancel the design, development, and construc- the wasteful pork projects which are out a program in which we have in- tion of two demonstration plants, per- squandering taxpayer dollars. Support vested hundreds of millions of dollars. I mitted the gas-cooled reactor to be se- the Klug amendment to cut the GT– have to tell you, I think what we ought lected by the Department of Energy as MHR. to do is go forward with this. a new production reactor, and provided Finally, let me state that one of the b 1745 the brood technology base which allows best reasons for proceeding ahead here a GT–MHR project to proceed. Mr. WALKER. Mr. Chairman, I move is what this could mean to us in terms Second, much of the taxpayers’ $900 to strike the requisite number of of global competition in the years just million has gone to our national lab- words. ahead. This is a reactor concept which, oratories who are involved in research Mr. Chairman, there has been a good if it proves feasible, can be done in deal of misinformation out here about and development. At present, there are small factory fabricatable designs that four prime contractors and several sub- GT–MHR, and I would like to at least are of modular construction. Now, clarify a point on a couple of things. contractors involved in this tech- what you have is then an opportunity nology. GT–MHR research and develop- First of all, it was stated by someone to produce electricity in increments of that the vote in the authorizing comment is being performed throughout 300 megawatts or less. This is what the country by several government lab- mittee to kill the GT–MHR was a two- utilities say that they need in order to to-one vote. In fact, that is not true. oratories and private companies. The meet steadily growing marginal de- prime beneficiary is our country. The vote was 23 to 15. A switch of four mands. Third, the breakthrough achieved by votes would have in fact passed the But the most important factor here the GT–MHR provides high prospects— program in the committee. So it was is this has an enormous potential for higher I am told than ever before—that nowhere close to a two-to-one vote in export into developed markets such as there will be an investment payoff. Its that committee. Japan. It is needed in smaller, less cap- safety, low cost, low environmental im- Second, it has been stated that ad- ital intensive bites for less developed pact, and high proliferation resistance ministrations for the past several years power grids such as those in the Far make it an ideal candidate for helping have not requested this program. Well, East and in Eastern Europe. So here is to meet the future electricity require- I have here the 1991 request from the a technology that we have a chance to ments which will provide jobs, an ex- Department of Energy. In fact, it was sell into the global marketplace. requested in 1991. It was only appro- Also, this is something where Rus- port product, and a technology to re- priated about half the level it was re- sians have expressed an interest in a duce our dependence on foreign oil. quested, but there had been in fact re- joint venture with us, in large part be- The gas-cooled reactor was one of the quests in the past. cause this can destroy all weapons two technologies selected in an exhaus- This is also a program I would say grade useful plutonium in a once- tive evaluation for development as a that has been authorized. Back in 1992, through fuel cycle. Ninety-five percent new production reactor and was evalu- when the Public Law 102–486 was destruction of PU–239 is involved in ated to be the most cost-effective al- passed, the Energy Policy Act of 1992, this particular technology. ternative. The project was deferred at Congress specifically went on record So it seems to me that what we have the end of the cold war because of a saying ‘‘The goals of the program es- here is an opportunity to really be eco- lack of immediate need. However, the tablished under subsection (a) shall in- nomical in what we are doing, support Department of Energy is now in posi- clude—to complete necessary research good science, and, in the end, end up tion of having to identify a new trit- and development on high temperature with a product that takes us into the ium supply source and is in the process gas-cooled reactor technology—by Sep- global marketplace. That seems like a of spending significant additional tax- tember 30th, 1998.’’ We specifically said pretty good bargain for the amount of payers’ dollars re-looking at tritium we ought to go forward with this pro- money we are proposing to spend. production alternatives. Why is this ef- gram in the Energy Policy Act only a Mr. Chairman, I would suggest we fort being performed again when it was couple of years ago. vote against this amendment. evaluated less than 10 years ago? This So the Committee on Appropriations Mr. FILNER. Mr. Chairman, I move is the kind of thing that should be ex- is acting not on a pork-barrel program. to strike the requisite number of amined to avoid wasting taxpayers’ They are acting on a direct authorized words. dollars. program, done by the Congress of the Mr. Chairman, I rise today as part of The GT–MHR breakthrough is a re- United States and our energy policy. a strong bipartisan opposition to this sult of the foresight which went into Finally, there is a real myth being amendment which would delete the past congressional actions on this tech- perpetrated here on the floor that funding for the GT–MHR Development nology, but it is imperative that the somehow we are going to save money Program. research and development be seen in 1996 by passing this amendment. The I have heard the opponents to this through to completion. To stop it now fact is not a dime will be saved by pass- program argue that it is a pork project, would really be a waste of the investing this amendment. The amendment that it is an example of corporate wel- ment. Worse yet, another country may purports to save $20 million in this fis- fare. They have said that this pork has step forward and capitalize on our in- cal year. The fact is that there is a cost the taxpayers $900 million. Well, vestment. We cannot let that happen. I legal obligation of the Federal Govern- let us set the record straight. Approxi- urge a ‘‘no’’ vote on this amendment. H 6802 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Mr. SPRATT. Mr. Chairman, I move highest probability for success if we People in the utility industry, this is to strike the requisite number of choose a second generation reactor. Bill Lee talking, who look ahead, want words. Furthermore, they said that this con- the improvements in nuclear power Mr. Chairman, I rise in opposition to cept, the high-temperature gas-cooled that are represented by this tech- the amendment. reactor, presents an opportunity for nology. The electric utility industry Mr. Chairman, I think it would be significant advantages in the level of supports the light water technology for useful to start by correcting a few safety over current commercial reactor its immediate potential benefits, but statements that have been made here experience. most people in the industry recognize on the floor that are just not supported Mr. Chairman, it has been stated that breakthrough potential of the gas by fact. It has been stated that the here on the floor that this particular turbine modular helium reactor and be- Electric Power Research Institute has design has inherent safety features. It lief that these breakthroughs must be decided that this technology is not is worth taking those one by one to pursued and that it is the proper role of worth pursuing. I have here a fairly show the House and the committee our Government for our Nation’s thick study by the Electric Power Re- why it is worth pursuing this particu- longer term energy competitiveness to search Institute done by Common- lar technology. underwrite them. First of all, the fuel particles, these wealth Edison, Duke Engineering, Yan- In my opinion, it is essential that uranium kernels, are encased in a ce- kee Atomic Energy Electric, here is this technology be continued along ramic coating that is pyrolytic, that is the conclusion in the executive sum- with the advanced light water reactor. fired, that is made of silicone and car- mary. This is a 1991 study: If it is not, I fear we will be buying bon, and, as a result, the uranium is in In conclusion, the utility review team rec- much of our nuclear power generating an impermeable, impervious case. Con- ognizes that the high temperature gas reac- equipment in the next century from sequently, once it is irradiated, it gives tor design offers a viable potential nuclear abroad. This would mean the loss of an option to the power industry for the next off heat, but it does not give off fission- century potential and deserves continuing able products. So you do not get the industry larger than the commercial development. This endorsement is consistent inner area of the reactor contaminated airplane market, and it would be sad with previous opinions expressed by the util- with fissionable products, with radio- indeed for the U.S. economy, U.S. jobs ity industry and more recently by the en- nuclides. These are still contained in and the U.S. standard of living. dorsement of the Advance Reactor Corpora- the ceramic case of the fuel particle. Mr. Chairman, I urge the defeat of tion in the January 10, 1990, report, and the Second, to the extent that any of this amendment. corporation’s ad hoc committee on DOE’s ad- Mr. MARKEY. Mr. Chairman, I move vanced reactor development plan. these radionuclides do escape, they are to strike the requisite number of By the same token, it has been said captured by a graphite matrix that is part of the fuel assembly. They absorb words, and I rise in support of the here on the floor that this program was amendment. terminated by the Reagan administra- them. Third, the reactor itself has a helium Mr. Chairman, I rise in support of the tion and terminated by the Bush ad- moderator or coolant. Rather than amendment because I wanted to be ministration. using light water or regular water, it In fact, the high-temperature gas- part of this historic debate. The gen- uses helium. Helium is inert. It does cooled reactor was one of two can- tleman from Wisconsin [Mr. KLUG] has not chemically react with the reactor didates for the new production reactor put together, in my opinion, the his- itself or with the fuel elements of the that would have gone to Savannah toric trifecta, Reagan, Bush, and Clin- fuel assembly. And, unlike water, it River or Idaho National Engineering ton, all supporting the position of the does not boil. This gives it another pas- Laboratory for the next tritium pro- gentleman from Wisconsin; in addition, sive safety feature. duction source. the National Taxpayers Union, the Finally, the fuel core is arranged so In fact the NPR team, the new pro- Friends of the Earth, and the National that there is a negative temperature duction reactor team at the Depart- Academy of Sciences, a combination of coefficient. As the temperature goes ment of Energy, headed by Dominique truly all-star proportions, all gathered up, radioactivity of the core goes down. Mineta, had settled upon this particu- together to kill one technology. All of these are passive safety fea- Now, why does this technology de- lar design, the high-temperature modu- tures. Why is it important? Because lar gas-cooled reactor, for the new trit- serve to be killed? Very simply, it is this reactor is safe without depending the second generation of the same ium production source, when Admiral upon the operator’s interaction. Watkins as the Secretary of Energy de- technology. And it is not basic re- Mr. CHAIRMAN. The time of the gen- search that we are talking about, it is cided that we did not need to incur the tleman from South Carolina [Mr. expense of building a new production applied research. That is, it is the SPRATT] has expired. point at which they are building this reactor. (By unanimous consent, Mr. SPRATT monstrosity for commercial purposes. Why? Because that fall, in late Sep- was allowed to proceed for 2 additional Now, ordinarily if you are talking tember 1991, the Bush administration minutes.) had entered into an agreement with Mr. SPRATT. Mr. Chairman, the im- about a nascent industry, one that is the Soviet Union for the drawdown of portant inherent safety features of this just beginning to get off the ground, it nuclear weapons, and we had far more reactor means that it does not depend would be one thing; and we can debate tritium generated as a result of that for its safety on an alert, astute opera- out here what the proper role is of the drawdown than we needed and there tor, who is wide awake. Nor does it de- Federal Government in subsidizing a was no urgent immediacy or need for pend upon backup systems and a power new industry. This, however, is one of tritium. Indeed, we do not need any system to supply these systems. the oldest industries in the United until the next century. That was the States and one of the two or three b reason that the Bush administration 1800 wealthiest industries. did no go forward with the high tem- It is passively and inherently safe by We are talking about the electric perature gas reactor at that time. its own design. This particular system utility industry of the United States. For the statement here on the floor has been endorsed and supported by a Every one of us, all 275 million Ameri- that that administration canceled it, number of people who believe that nu- cans, has a wire that goes into our has nothing to do with the merits of clear power still has a role to play in home. And every one of us has an elec- this program, and it does have merits. this country. One of those is Duke tric utility that every time we turn on It had merits, first of all, still for the Power Co., which is a prominent elec- a light bulb or have our toast pop up, Department of Energy as a tritium pro- tric utility in my own district. And the gets ready to send us another bill to duction source. Indeed, the Department head or chairman emeritus of that charge us for. This multi-hundred-bil- of Energy, while they are not pursuing company, Bill Lee, wrote us all a let- lion dollar a year industry makes an this as their primary source, did single ter, wrote the chairman of this com- enormous amount of money from doing it out and did say themselves, their En- mittee a letter. I would just like to that. We are grateful to them for the ergy Research Committee, said a cou- read what the chairman of that com- wonderful service which they provide ple of years ago, this concept has the mittee said. for us and do not really begrudge them July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6803 the incredible profits which this indus- that all understand the importance of Let me say to you in the hallways of try receives. this amendment. this Congress, those listening on their However, when they then turn to the Mr. FOLEY. Mr. Chairman, I move to TV sets around our Nation, as a fresh- very same 275 million people, as tax- strike the requisite number of words. man Republican, I came here to make payers, and say, by the way, we do not Mr. Chairman, I rise in strong sup- a difference. I came here to cut things want to actually pay for the next gen- port of this amendment. Let me quote that are wasteful spending. If we are to eration of our electric utility generat- the Bangor Daily News in their edi- meet the priorities of this Nation, we ing capacity; we would like you, the torial calling it a nuclear turkey: are going to have to start looking at taxpayers, to put up the money for ‘‘What’s tougher than the hide on a M– things like this and saying no to that as well, well, this is the point at 1 tank, more resilient than the projects like this. which the American taxpayer and hungriest garden pest and harder to I ask those private utilities again if Adam Smiths all begin to spin wonder- shake than a bad reputation? Time’s they like this technology so much, ing what is going on with the capitalist up. The answer is: a nuclear turkey. send a check. Bring a check for us. ‘‘Most taxpayers remember the mo- system. Let me also suggest to the commit- hair subsidies that annually clipped tee, we had a vote. It may have been 23 As we know, this technology is com- them for millions before Congress re- peting with oil and gas and geothermal to 15, but in my book of politics, 23 to cently found the courage to pull the 15 wins; 23 to 15 wins. When I ran for of- and conservation and the new wheeling plug. technologies and interconnection ca- fice, I was telling people every vote ‘‘Today the target is the gas turbine counts. People have won offices by one pacities which are reducing the need modular helium reactor, a nuclear tur- for electricity inside of our country or vote. So I think 23 to 15 is a fairly sig- key that deserves to be carved from the nificant victory in the committee, the generating them in 20 and 30 megawatt federal budget.’’ authorizing committee, for this size plants, using the new laws which Taxpayers have been paying $900 mil- project. we passed in 1992 to wheel that power lion for this technology. to where it is needed around the coun- The gentleman from Massachusetts The appropriation is unauthorized. We won in committee, and we are here try. [Mr. MARKEY] made some nice points. Now, the problem with the tech- He suggested that, if the nuclear and on the floor to ask the appropriations nology is that it goes back to an ear- electric companies are so supportive of process of this Chamber to agree with lier era, the late 1970’s and the early this, send a check. Send a check to sup- us. 1980’s. During that period of time, the port this technology. Do not just send We know the Senate will agree with electric utility industry testified be- a letter. The American public who is us because they voted on killing this fore Congress that we would need 500 paying for this technology is paying project before. We know the Presi- more 1,000-megawatt nuclear power over and over and over again for a sys- dent’s budget. The last three Presi- plants by the year 2000 or else we would tem that clearly does not work. dents, as has been mentioned, have not face blackouts of electricity across the You read all the documentation. I authorized this. Again, the vast major- country. And that was, I am sure, their can read you editorial after editorial, ity of my colleagues on the Committee sincere testimony before the Congress the Oregonian, the San Francisco on Science supported the efforts of the in the late 1970’s and early 1980’s. It re- Chronicle, the Atlanta Constitution. gentleman from Minnesota [Mr. LU- sulted in a lot of this basic research at All have weighed in on this subject. All THER], the gentleman from Wisconsin least being invested in. have looked at the expert testimony. [Mr. KLUG], the gentleman from Wis- consin [Mr. OBEY], and myself to termi- Well, it is 15, 20 years later. We did All have read the reports from the Na- nate this project. not build a single new nuclear power tional Academy of Sciences. All have Times have changed. Today we see a plant in our country during that period read the documentation. new coalition of Members on both sides of time. We have electricity surpluses Now, the gentleman from California, of the aisle. These coalitions are tak- across the country because we have, Mr. BROWN, suggested that it was only ing the will of the American people because of the law changes, so many new Members of Congress that wanted into consideration on every single smaller independent generators of elec- to eliminate this technology. Let me spending bill. tricity who are using the wires to correct the record, because three subcommittee chairman of the Committee This amendment will keep the tax- produce electricity using nonnuclear payers from having to continue being sources. on Science voted to end this project: the gentleman from New Mexico [Mr. high risk financiers for private cor- So as we hit the middle of the 1990’s, SCHIFF], the gentlewoman from Mary- porations. we have a fundamental question to ask land [Mrs. MORELLA], the gentleman If this program holds the potential ourselves. Should we, as the Represent- form Wisconsin [Mr. SENSENBRENNER]; that its proponents claim, then let the atives of the taxpayers of the United all subcommittee chairmen stood up private sector fund it. Stop ripping dol- States, be subsidizing the very wealthi- and voted against this appropriation. lars out of the constituents hard- est mature industry in the United This is not an antinuclear amend- earned taxpayer monies for wasteful States in applied research, as we build ment. I recognize and support the im- pork. the reactor for them, when in fact the portant role of nuclear technology in I urge every Member that comes to most that we can elicit from these the Nation’s energy needs. In my home this floor to vote to do what is right electric utility executives are letters of State, nearly one-third of the elec- for the American people and kill this support for us to spend taxpayers tricity is provided by nuclear facilities. boondoggle once and for all. money? But what I am interested in is cutting Mrs. LOWEY. Mr. Chairman, I move The capitalist system demands that funding for things that simply are to strike the requisite number of in the free market that private sector never going to occur in my lifetime. words. companies, especially those as well-to- Now, the chairman of the Committee Mr. Chairman, I rise in strong sup- do as the electric utilities of this coun- on Science suggests that we cannot cut port of this amendment. My colleagues, try, make the investment in the new this today because it is going to cost us when the National Taxpayers Union, technologies. If they do not, they must 20 million more dollars to terminate the Sierra Club, the Council of Citizens step aside and allow these newer, the program. Against Government Waste, the Cato smaller generators of electricity to Let me give you a letter from the De- Institute, Ralph Nader, the National continue to do the job for our country partment of Energy that suggests it Academy of Sciences and the House au- which they have over the past several will require an additional 1 billion of thorizing committee all agree, I would years. expenditures to bring this project to submit that we have to pay careful at- The gentleman from Wisconsin has fruition. tention. an amendment which must be em- I will take that bet. I will spend $20 This diverse group has concluded braced, if capitalist, free market prin- million to get out of this boondoggle that the gas turbine modular helium ciples are to endure in the electricity before I will spend $1 billion to find out reactor, a proposed gas-cooled nuclear marketplace of our country. I hope if it works. fission reactor in San Diego, fails the H 6804 CONGRESSIONAL RECORD — HOUSE July 11, 1995 important test of scientific merit, en- slightly different metaphor. As six Duke Power Co. Chairman Emeritus, vironmental safety, and cost effective- Cleveland Indians represent murderers’ another person who knows what they ness. And yet, unless we act today, this row in the American League this year are talking about, who deals with these project will continue to receive signifi- in the All Star team, I would say that matters every day says, ‘‘The cost of cant Federal support. our murderers’ row of Presidents the gas turbine is very small when How much will taxpayers be saddled Reagan, Bush, and Clinton, the Na- compared to its potential benefits. The with before this project is completed? tional Taxpayers Union, Friends of the gas turbine is a dramatically different The General Accounting Office says Earth, and Citizens Against Govern- helium reactor from that considered by the project will cost $5.3 billion, and ment Waste underscores the public op- the National Academy of Science.’’ He taxpayers will have to pick up half of position to this huge hunk of pork. states that; ‘‘The gas reactor rep- that tab. Adopting this amendment Mr. Chairman, I urge House support resents a breakthrough potential for will save taxpayers $20 million next of the amendment. nuclear power.’’ year and more than $2.5 billion when Mr. BEVILLE. Mr. Chairman, I move These are people that deal with nu- all is said and done. to strike the requisite number of clear power and are sold on this Two years ago the Senate voted to words. project. So, I urge my colleagues to cut off funding for the reactor. Now is Mr. Chairman, I rise in opposition to vote against this amendment and sup- the time for this body, once and for all, this amendment, and in support of the port the subcommittee’s recommenda- to do the right thing. subcommittee. This is a project that tion. This project has a future. It is At a time, my colleagues, when we this subcommittee is familiar with. We long-range research. We are not talk- are told that we must make massive have supported it over the years. We ing about a large amount of money, as cuts in Medicare that are going to af- hear all these things about the Na- the former chairman of the Committee fect thousands and thousands of people tional Academy of Sciences, criticizing on Science and present ranking mem- in my district and all of our districts this technology and actually the last ber, Mr. BROWN of California, has and when we are going to be cutting word on the GT–MHR from NAS was a pointed out. student loans and when we will be cut- letter to Senator BRADLEY dated De- ting a whole range of education pro- cember 10, 1993. The National Academy Japan and other countries are quick grams, it would be a shameful abdica- of Sciences’ committee chairman notes in pursuit of this project. They are put- tion of our responsibilities not to stop and points out, ‘‘The National Acad- ting money into it. They are working this wasteful spending. emy committee did not examine and on it. They are very supportive of it. I urge a yes vote on this amendment. therefore could not evaluate the gas We support this research and urge Members to support the subcommittee b turbine reactor.’’ 1815 Then we hear about the Department and the full Committee on Appropria- Mr. BROWN of Ohio. Mr. Chairman, I of Energy’s opposition to this project. tions of the House by voting against move to strike the requisite number of The Department of Energy—we con- this amendment. words. sider them the experts and we listen to Mr. KENNEDY of Massachusetts. Mr. Mr. Chairman, the gas turbine modu- them. Unfortunately, many times we Chairman, I move to strike the req- lar helium reactor fails to meet the have regretted listening to them. We uisite number of words. basic test of spending Americans’ hard- have the Clinch River breeder reactor, Mr. Chairman, I rise in strong sup- earned tax dollars: Does it work? The which is a hole in the ground in Ten- port of the King-Foley-Luther-Obey only commercial version of this reac- nessee, because we followed DOE’s ad- amendment to cut $20 million to termi- tor closed after 16 years of operation vice. They said this is a great project. nate the gas turbine modular helium and never achieved more than 14 years We put $1 billion in it, or so, and then reactor, the gas-cooled reactor. The of capacity. Based on this failure, the DOE decided they had something else fact is that before I came to the Con- National Academy of Sciences deter- better and the project was terminated. gress of the United States I spent over mined the reactor has low market po- Then they start the gas 10 years building up an energy com- tential and endorses its elimination. concentrifuge plant, and the same pany. That energy company worked in Even worse, as has been pointed out on thing happened. Then the mirror fu- oil, in gas, electricity. It worked in a the floor, the gas turbine is a budget- sion, and again, the same thing. They range of renewable energies, from solar buster. Eliminating it will save $20 mil- get us to start these projects and then energy to conservation energy. lion now in fiscal year 1996 and $2.5 bil- they come in and tell us they found lion later. something better. We just keep going. We ought to have a very simple en- Several opponents of this amend- Therefore, do not get carried away ergy policy in this country which is, ment, proponents of this boondoggle, with what the Department of Energy ‘‘Cheaper is better.’’ If we followed that have said it does not really save $20 says. I think there is more reliable in- rule, we would be pumping not billions million now. The fact is, every time formation from people who actually of dollars into this ridiculous tech- there is a huge budget-busting engi- deal with nuclear power and who so en- nology, but we would be putting money neering project on this floor, whether thusiastically support this source of into energy conservation. We would it is Super collider, whether it is the energy—the public utilities who use recognize that we could dramatically space station, whether it is this reac- nuclear power. reduce the amount of administering tor, the proponents of these boon- Here is a letter from a friend of mine that this country needs. We could dra- doggles always argue ‘‘It will not save from the State of Alabama who has matically reduce our balance of trade any money today,’’ and they do not been involved with nuclear power ever problems with all the countries around talk about how much money it will since it came into being. He served as the world, where we have such tremen- save in the future. That cost savings, president of Southern Company Nu- dous difficulties these days. We could that $2.5-billion cost saving in the long clear that handles all of Southern Com- increase our own independence if we run, is what is so important. panies’ nuclear power plants in Geor- had a simple policy, if we got away Additionally, the gas turbine modu- gia, Alabama, and northern Florida. He from the kind of corporate welfare that lar helium reactor, Mr. Chairman, is a says, this is the best single example of that potential environmental hazard. The One of the most promising technologies for exists in the budget of the United reactor does not have a containment the future is the gas turbine engineering re- States. structure to prevent an accidental en- actor program, which has been supported by Why should we be writing a taxpayer vironmental catastrophe in the event the nuclear industry and by the Congress for check to the richest industry in this of a problem. The gentleman from Mas- a number of years. It is an extremely safe country? The fact of the matter is that and efficient technology . . . and it creates sachusetts [Mr. MARKEY] called the what we need is the kind of wheeling less waste for disposition. With a program support for this by Presidents Reagan, such as this, if it was terminated, it would be capabilities that allow us to trade en- Bush, and Clinton, as a trifecta. extremely difficult if not impossible to ergy among different utilities all On this day, Mr. Chairman, of the renew our investment. Valuable technology across America that in and of itself baseball All Star game, I would use a would be lost if we discontinue it. will bring down our cost of electricity July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6805 and increase our capability dramati- First off, Mr. Chairman, I would say ings and all of the cooling system cally. Those are the kinds of areas that to the gentleman from Florida [Mr. working. It had a very low availability. we ought to be concentrating in. FOLEY] and the gentleman from Massa- However, at the same time, Peach Mr. Chairman, if we want to create chusetts [Mr. KENNEDY], who men- Bottom I, which was a gas reactor, had greater energy independence, put tioned the utilities putting their an 85-percent availability. Therefore, money into basic research. However, money up. There is more than $800 mil- Members only looked at one, did they this notion of applied research funded lion spent by the utility companies, not, Fort St. Vrain in Colorado? The by taxpayers is absolutely outrageous. the utility consortium, they have put Public Service Company of Colorado It does nothing to help out our coun- in $800 million of their own money so sent us a letter saying it would be a se- try. All it does is line the pockets of a far, and they are still supporting it, as rious mistake for the Department of specific industry. has been expressed here. It was said it Energy to turn its back on this supe- If we look at the actual technologies cost over $2 billion, $2.6 billion, to con- rior technology. Mr. Chairman, it is that are going into this particular tinue the research. That would be a easy to cut the money out, but if Mem- thing, we have a proven failure. Colo- new power reactor which would be the bers want to have a new source of reac- rado’s Fort St. Vrain reactor, the reactor to destroy high level fuel. That tor that is reliable, safe, then we have world’s only commercial version of this has nothing to do with that, it would to start looking for the 21st century, technology, has had one of the worst be entirely owned by government, en- and this is the reactor we should look operating records of any nuclear facil- tirely paid for by government. It is a to. ity and has consistently operated at a different reactor entirely. Mr. Chairman, I urge a ‘‘no’’ vote on very low capacity. Both the National It has been estimated to us that this this amendment. Academy of Sciences and the Electric gas turbine modular helium reactor Mr. KLUG. Mr. Chairman, I ask Power Research Institute have con- can be completed, all the research, all unanimous consent to strike the req- cluded that the reactor is not commer- the development, and the certification uisite number of words. cially viable. can be completed for about $2 billion. The CHAIRMAN. Is there objection Therefore, why do we pick this par- The question here is, Mr. Chairman, to the request of the gentleman from ticular technology to pump $1 billion are we going to have a new reactor or Wisconsin? There was no objection. into? Nobody can give us a reason. I are we going to continue with the old Mr. KLUG. Mr. Chairman, I just want know it has to be located in some- workhorse, the light water reactor. to make two points. The National body’s congressional district, but that It has been stated here about the Na- Academy of Sciences in a report from is no reason to override the authorizing tional Academy of Sciences. A letter this year says the basic HMHTGR de- committee. That is no reason to over- by the chairman of the national com- sign has been available for many years ride the best judgment of three Presi- mittee says, ‘‘The National Academy and has not been commercially suc- dents, no reason to do anything other Committee did not examine and there- cessful. Let me reiterate the point than finally kill this program, put the fore could not evaluate the gas turbine made by the gentleman from Wisconsin funds that are necessary into where reactor,’’ only the old reactor, which [Mr. OBEY], the gentleman from Min- this country can gain its efficiencies, was the high temperature gas reactor. nesota [Mr. LUTHER], and the gen- can gain its independence, can do The one test they did in 1992, they tleman from Florida [Mr. FOLEY]. If things that will help out ordinary citi- only tested HTGR, which is an earlier money talks, then in this case the util- zens in their electrical utility needs. version, not the modern one we are discussing here now. In 1994 the discussion ity industry has fundamentally There are a great many areas where walked. we should be putting our money into there was about using HTGR to destroy research. Just because we are opposed plutonium. Again, it was decided it was b 1800 to this kind of boondoggle does not not the efficient way, because the gas reactor could be used. However, if you Nothing in this amendment prevents mean that we should oppose the basic any private utility company in the research budgets of this country. Our were interested in destroying plutonium, as has been earlier said, this gas United States from going ahead with country needs vital investments in this design. It simply says, after $900 basic research, so we can have that turbine can destroy 95 percent of plutonium, compared to about 50 percent million, $2 billion more to finish the kind of independence that America has project, we have had enough of it. always striven for. This is not basic re- with the light water reactor. This is a reactor that can be used. It It used to be called the MHTGR. It is search, Mr. Chairman. This is money to now called the GTMHR, which is an in- line the pockets of particular utilities is of utility interest. That has been already discussed here. There has been teresting anagram. But, Mr. Chairman, that have already made this invest- I suggest that any way you spell it, it ment, and now want the taxpayer to one letter that no one has discussed. Many will remember Eddy Teller, Dr. ultimately is a waste of billions of dol- bail them out. Let us not bail out the lars and fundamentally it is a radio- utility industry, let us bail out the Teller. He just sent us a letter, and I will just quote a couple of things, and active boondoggle and I urge a ‘‘yes’’ American taxpayer and support the on the amendment. Obey-Foley amendment. he was kind of the father and knows more about nuclear industry and nu- Mr. ROEMER. Mr. Chairman, world elec- Mr. MYERS of Indiana. Mr. Chair- clear research than anybody else that I tricity demands are expected to triple in the man, I move to strike the requisite know of in the country: next centuryÐwe will need nuclear power to number of words. meet this need. We need technologies that re- First off, Mr. Chairman, I would ask Of all the nuclear technologies, the GT– MHR is a promising and essential step to the duce our dependence on foreign energy the gentleman, are his children and ultimate reactors which will some day be sourcesÐwe now consume $1 billion in for- grandchildren going to have power, the deep under ground and have no moving parts eign oil imports each week. electric energy we are using now to . . . . The research and development of the The Gas Turbine-Modular Helium Reactor cool this building? The light water re- gas turbine reactor is promising and I produces only two-thirds of the high-level actor has been the workhorse for the strongly recommend the continuation of its waste and one-third of the heavy metal waste past 40 years for the Department of En- funding by the House. as current reactors. Contrary to opponents' ergy, the only reactor we have. What is In closing, it has been discussed claims, the National Academy of Sciences has going to be the power source for our about Fort St. Vrain in Colorado. Yes, never evaluated this project. The 1988 study children and grandchildren? This is it operated I think for 17 years, but opponents of this project are waving around what we are looking to now. Sure, it is here again, it is like comparing a was for a completely different design of gas- looking down the road a ways, but do Model T to the modern vehicles we cooled reactor. we want safe, available power? Then have today. It was the first generation. The direct-drive turbine system of this reac- this gas-cooled, yes, helium-cooled, but It did have some problems. However, tor make it far more efficient than traditional it is a gas turbine, an entirely different the problem was not with the reactor steam-driven reactors. The GT±MHR could be reactor than most of the Members have itself, the problem was in the cooling meltdown-proof modular technology, creating been describing here today. system. They could not keep the bear- a safe as well as efficient reactor technology. H 6806 CONGRESSIONAL RECORD — HOUSE July 11, 1995 And contrary to opponents' assertions, the Maloney Payne (VA) Slaughter Messrs. HANCOCK, SAXTON, Manton Pelosi Smith (MI) project enjoys wide support from the utility in- Manzullo Peterson (MN) Smith (NJ) BROWDER, and HERGER changed dustry. Markey Petri Smith (WA) their vote from ‘‘no’’ to ‘‘aye.’’ The GT±MHR will also create economical Martinez Pomeroy Souder So the amendment was agreed to. production of hydrogen, and can destroy over Martini Porter Stenholm The result of the vote was announced Mascara Portman Stockman as above recorded. 90 percent of surplus weapons-grade pluto- McCarthy Poshard Stokes nium by using it as fuel to provide electrical McCrery Pryce Studds AMENDMENT OFFERED BY MR. OBEY energy. Development of new and advanced McDermott Quinn Stump Mr. OBEY. Mr. Chairman, I offer an McHale Radanovich Stupak amendment, amendment No. 23. energy sources requires government support. McHugh Rahall Talent Continued government support of this tech- McInnis Ramstad Tanner The CHAIRMAN pro tempore (Mr. nology will create the technical base needed McNulty Rangel Tate LAHOOD). The Clerk will designate the for industry to assume complete development. Meehan Reed Thompson amendment. Meek Richardson Thurman The text of the amendment is as fol- Mr. Chairman, this is an important techno- Menendez Rivers Tiahrt logical investment, and I urge my colleagues Metcalf Roberts Torkildsen lows: to oppose this amendment which would end Meyers Ros-Lehtinen Torres Amendment offered by Mr. OBEY: On page Mfume Roth Towns 16, line 1, insert ‘‘(less $18,000,000)’’, before the GT±MHR program. Miller (CA) Roukema Tucker ‘‘to remain’’. The CHAIRMAN. The question is on Miller (FL) Roybal-Allard Upton Mr. MYERS of Indiana. Mr. Chair- the amendment offered by the gen- Minge Royce Velazquez Mink Rush Vento man, will the gentleman yield? tleman from Wisconsin [Mr. KLUG]. Molinari Sabo Visclosky Mr. OBEY. I yield to the gentleman The question was taken; and the Moran Salmon Volkmer from Indiana. Chairman announced that the noes ap- Morella Sanders Waldholtz Myrick Sanford Wamp Mr. MYERS of Indiana. Mr. Chair- peared to have it. Nadler Sawyer Ward man, I wonder if the gentleman from RECORDED VOTE Neal Saxton Waters Wisconsin [Mr. OBEY] would consider Nethercutt Scarborough Watt (NC) Mr. OBEY. Mr. Chairman, I demand a Neumann Schiff Watts (OK) limiting the time on his amendment recorded vote. Ney Schroeder Waxman equally divided between yourself and A recorded vote was ordered. Norwood Schumer Weldon (FL) myself, say, at 20 past 7 for this amend- Nussle Scott Weldon (PA) ment? The vote was taken by electronic de- Oberstar Seastrand White vice, and there were—ayes 306, noes 121, Obey Sensenbrenner Whitfield Mr. OBEY. Half an hour, with three not voting 7, as follows: Olver Serrano Williams speakers on each side? Ortiz Shadegg Wilson Mr. MYERS of Indiana. I would like [Roll No. 485] Orton Shaw Woolsey to equally divide a half hour, but make AYES—306 Owens Shays Wyden Pallone Shuster Wynn the time certain and equally divided, Allard Deal Hamilton Paxon Sisisky Zeliff yes. Andrews DeFazio Hancock Payne (NJ) Skaggs Zimmer Mr. OBEY. Surely. I have no objec- Bachus DeLauro Hastings (FL) tion. Baesler Dellums Hefley NOES—121 Baldacci Deutsch Heineman Mr. MYERS of Indiana. Mr. Chair- Barcia Dickey Herger Abercrombie Filner Packard man, I ask unanimous consent for such Ackerman Flanagan Parker Barr Dicks Hilleary a request. Barrett (NE) Dingell Hilliard Archer Gallegly Pastor Barrett (WI) Dixon Hinchey Armey Gekas Peterson (FL) The CHAIRMAN pro tempore. Is Barton Doggett Hobson Baker (CA) Gilchrest Pickett there objection to the request of the Bass Dooley Hoekstra Baker (LA) Gonzalez Pombo gentleman from Indiana? Ballenger Goodling Becerra Dornan Hoke Quillen There was no objection. Beilenson Doyle Holden Bartlett Hall (TX) Regula Bateman Hansen The CHAIRMAN pro tempore. The Bentsen Duncan Horn Riggs Bevill Harman Bereuter Dunn Hostettler Roemer Chair understands that the amendment Bilbray Hastert Berman Durbin Hoyer Rogers and all amendments thereto will be de- Bishop Edwards Hutchinson Bilirakis Hastings (WA) Bliley Hayes Rohrabacher bated for 30 minutes, divided evenly be- Blute Ehrlich Istook Rose Boehlert Engel Jackson-Lee Boucher Hayworth tween both sides. The gentleman from Schaefer Boehner English Jacobs Brown (CA) Hefner Wisconsin is recognized for 15 minutes. Skeen Bonilla Ensign Johnson (CT) Bunn Houghton The Chair recognizes the gentleman Burton Hunter Skelton Bonior Eshoo Johnson (SD) from Wisconsin [Mr. OBEY]. Bono Evans Johnston Buyer Hyde Smith (TX) Borski Farr Jones Callahan Inglis Solomon Mr. OBEY. Mr. chairman, I yield my- Brewster Fattah Kanjorski Calvert Jefferson Spence self such time as I may consume. Browder Fields (LA) Kaptur Canady Johnson, E.B. Spratt Mr. Chairman, I thank the House for Chenoweth Johnson, Sam Brown (FL) Fields (TX) Kasich Stearns their support on the last vote, and I Brown (OH) Flake Kelly Clement Kim Tauzin Brownback Foglietta Kennedy (MA) Clinger Knollenberg Taylor (MS) would ask that they continue that sup- Bryant (TN) Foley Kennedy (RI) Coleman Lazio Taylor (NC) port for the next two amendments. Bryant (TX) Forbes Kennelly Cox Lightfoot Tejeda This amendment simply cuts $18 mil- Cramer Bunning Ford Kildee Livingston Thomas Crapo Lucas lion from the nuclear technology re- Burr Fowler King Thornberry Cunningham Matsui search and development program. Camp Fox Kingston Thornton Davis McCollum Castle Frank (MA) Kleczka Torricelli Mr. Chairman, last year the Congress de la Garza McDade Chabot Franks (CT) Klink Traficant voted decisively to kill the advanced Chambliss Franks (NJ) Klug DeLay McIntosh Diaz-Balart McKeon Vucanovich liquid metal reactor program. It was Chapman Frelinghuysen Kolbe Walker Christensen Frisa LaFalce Doolittle Mica judged to be too costly at $3.3 billion, Walsh Chrysler Funderburk LaHood Dreier Mineta Weller and the technology too questionable to Clay Furse Lantos Ehlers Mollohan Wicker continue. Clayton Ganske Largent Emerson Montgomery Clyburn Gejdenson Latham Everett Moorhead Wise The Department of Energy, which Coble Gephardt LaTourette Ewing Murtha Wolf has never been able to end a program Coburn Geren Laughlin Fawell Myers Young (AK) on its own, sought and received ap- Fazio Oxley Young (FL) Collins (GA) Gibbons Leach proval from the subcommittee to re- Collins (IL) Gillmor Levin Collins (MI) Gilman Lewis (CA) NOT VOTING—7 program $21 million to terminate this Combest Goodlatte Lewis (GA) Cardin Moakley Yates program. After receiving approval for Condit Gordon Lewis (KY) Frost Reynolds this reprogramming, the department Conyers Goss Lincoln McKinney Stark Cooley Graham Linder reneged on its commitment, terminated only a few people with buyouts, Costello Green Lipinski b 1849 Coyne Greenwood LoBiondo and sought $37 million more in fiscal Crane Gunderson Lofgren Mrs. CHENOWETH, Mr. WELLER, 1996 to continue to pay the people af- Cremeans Gutierrez Longley Cubin Gutknecht Lowey and Mr. BUNN of Oregon changed their fected while searching for a new mis- Danner Hall (OH) Luther vote from ‘‘aye’’ to ‘‘no.’’ sion for them. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6807 One part of DOE claimed the concept the people whom he is trying to defend. around this Nation in Idaho, Washing- of nuclear fuel reprocessing technology But I can recall many an occasion ton, Tennessee, South Carolina, and may be a potential treatment for DOE when he has come to this floor saying other places. In fact, Congress last year spent fuel, but internal documents we should be knocking out congres- specifically reaffirmed the importance from another entity of DOE show that sional pork in other peoples’ districts. of this nuclear waste research program there is no consensus within the de- Well, this is, to me, an example of con- precisely because of its applications to partment on the use of this technology gressional pork which has no justifica- help solve current problems with the and, in fact, DOE’s waste managers tion. It is an agency and a program in storage and treatment of nuclear have developed plans for spent fuel search of a mission. We ought to save waste. I want to reemphasize it has got which do not involve reprocessing. this money. nothing to do with the program that In fact, their preference is to obtain Mr. Chairman, I reserve the balance was terminated last year. approval to haul spent fuel in canisters of my time. Is this research supported by the sciences? Yes. The National Academy and dispose of it directly in a reposi- b 1900 tory. of Sciences does support continued Opponents of my amendment are Mr. MYERS of Indiana. Mr. Chair- funding of this research saying that it sending around a Dear Colleague say- man, I yield 6 minutes to the gen- represents, and I quote, promising ing that this program will actually tleman from Illinois [Mr. FAWELL]. technology for treating a variety of De- save taxpayers’ dollars. But, in fact, Mr. FAWELL. Mr. Chairman, it is partment of Energy spent fuels, end of the National Academy of Science’s re- too bad the time is a bit short, but, Mr. quote. Indeed further funding of this port yesterday, on page 412, states that Chairman, I certainly rise in opposi- research is predicated on the continued the pyro processing approach would re- tion to the Obey amendment. This approval of the National Academy of quire substantial additional engineer- amendment would zero out an appro- Sciences, and I have the most recent ing development and construction of priation of $18 million for what I be- report from the National Academy of major new facilities, and I am quoting lieve is an extremely important ongo- Sciences, which came this day, which now, ing environmental nuclear waste re- deals with the electrometallurgical duction research program being con- including what would amount to a sizable process that we are talking about here liquid metal reactor fuel reprocessing plant ducted by the Department of Energy in in regard to the treatment of spent to provide feed material, and it would Illinois and Idaho. This environmental fuels, and their quotes, and I set this produce a waste form that has not been char- nuclear waste treatment program was forth as a quote: ‘‘Notwithstanding the acterized at all for long-term deposition, and funded at $25.7 million in fiscal year above,’’ and they went over disadvan- it would probably be unsuitable for emplace- 1995, the current year. The administra- tages and concerns, ‘‘it is desirable ment in Yucca Mountain. All of this is, it tion and the Department of Energy re- that this process technology based at strikes our panel. quested funding this year at approxi- Argonne National Laboratory be kept They went on to say, mately $36 million. The House Commit- viable as a problem-solving research As a prescription for long delays and big tee on Science and the Subcommittee program.’’ This is specifically in regard investments in pursuit of a program for on Energy and Environment of that to the electrometallurgical process, which satisfactory approaches are much committee have both authorized fund- and I believe that the gentleman from closer at hand. ing for that amount in fiscal year 1996, Wisconsin was talking about a Na- It would, therefore appear that the so there is no question about author- tional Academy’s report of yesterday. jury is still out, at minimum, on the ization here. The House energy water The safe disposal of more than 2,700 position of the National Academy of appropriation bill wrestled with this. metric tons of nuclear waste is a dire Sciences on the issue of electro refin- They have a long background and responsibility of the Federal Govern- ing of spent nuclear fuel. It would also knowledge obviously of what they are ment. It will not go away. We are not appear that the agenda of those who talking about, and they cut the appro- doing anything about being able to advocate this funding is to keep alive priation down to $18 million from the store this properly, and now we have the possibility of reviving the advanced $36 million that had been authorized, a reticence, I gather by some, to do liquid metal reactor program or a hy- 50-percent reduction so that there has something about the problem of treat- brid of it. been some cutting that has taken ment. We need places in which to store What is really going on here is that place. spent nuclear waste, and we need the the Department of Energy is seeking Now the Obey amendment would zero technology to electrometallurgically funds to keep Argonne National Labs out this nuclear waste reduction pro- treat these wastes in order to lessen in Idaho and Chicago going until some- gram altogether, and apparently, and I their volumes and toxicity as well as to body figures out a new mission for want to stress this point on the mis- assure their safe disposal. them. taken conclusion that it represents Now I want to emphasize this: The Department of Energy was sin- continued funding for the Department The committees of jurisdiction, both gled out for elimination in the House of Energy’s advanced liquid metal reac- authorizing and appropriations, the ad- budget, but the inability of this com- tor IFR program, which was termi- ministration, the Department of En- mittee to recommend the termination nated by Congress last year, I think ergy, the National Academy of of this tiny program, I think, is a per- mistakenly, at a cost of something like Sciences all have recommended contin- fect illustration of the difficulty that $330 million over 4 years; but this is ued funding of this research, and I be- people seem to have in going from the not the ALMRIFR program, an ad- lieve it is good science. I certainly urge general to the specific, when it comes vanced nuclear research program my colleagues to vote no on the Obey to budget cutting. aimed at developing a new and safe nu- amendment. How on Earth are we to take seri- clear reactor which recycled and Mr. OBEY. Mr. Chairman I yield 5 ously all of the rhetoric about the ne- consumed its own nuclear waste, which minutes to the distinguished gen- cessity to abolish the Energy Depart- I felt was good, but that is gone. It is tleman from Massachusetts [Mr. MAR- ment, if you cannot even abolish this terminated; it is in the process of ter- KEY]. tiny little program which most unbi- mination at a cost, as I said, of $330 Mr. MARKEY. Mr. Chairman, just so ased people recognize is a waste of million. everyone can understand what it is money and a turkey? Now the environmental nuclear that we are debating out here on the Now, what made matters worse is waste treatment program here, which floor, this is basically a baby breeder that the committee added $8 million to is the subject of this amendment, in- reactor. The name has been changed to the original subcommittee mark at the volves research on an elec- protect the guilty, but it is just the time we met in full committee at the trometallurgical process that is aimed next generation of the breeder reactor, request of the distinguished gentleman at decreasing the toxicity and the vol- that whole debate we had about the from Illinois [Mr. FAWELL]. ume of over 2,700 metric tons of more Clinch River Breeder Reactor and all of Now, I have great respect for the gen- than 150 different types of nuclear that. I say to my colleagues, ‘‘If you tleman, and I have great respect for waste stored at the various DOE sites remember, this miracle technology is H 6808 CONGRESSIONAL RECORD — HOUSE July 11, 1995 going to produce electricity too cheap Mr. MARKEY. I yield to the gen- One of the advantages of the project to meter, and it is also going to solve tleman from Illinois. that is before us is that it is an at- our reprocessing problem, if such ex- Mr. FAWELL. I simply want to point tempt to separate waste into the high- isted.’’ out the gentleman said this is private- activity, long-life waste and the high- The problem with it was that it cre- sector technology. We are talking activity, short-life waste, and, if we ated two problems. One, it, in fact, cost about spent nuclear fuel that the pub- can do that, I would expect that to re- more than anyone had ever imagined lic owns and creates. This is Depart- sult, result in a substantial savings to that it could cost to generate elec- ment of Energy spent nuclear fuel the American taxpayers who are cur- tricity; and, second, it blew a hole which is spread all over this Nation at rently paying for the Yucca Mountain right through our nonproliferation pol- public sites. The private entities have facility. icy because, as we began the process of nothing to do with this metallurgical Getting rid of nuclear waste is a very constructing a technology to reprocess processing of waste products. It has got complex business. If it were easy, it plutonium, we were sending a signal to nothing to do with any physical reac- would have been done long ago, and I North Korea, and Iran, and Iraq, and tors. hope that in fact we do manage to re- Libya, and every other country around I say to the gentleman, you have got solve this problem and deal with nu- the world that was contemplating the all your information wrong. clear wastes in a safe, sane, and less use of this technology to extract nu- Mr. MARKEY. Reclaiming my time, I costly fashion in the future. clear-weapons-grade fuel and telling do not have my information wrong. In I do not claim to be an expert on the them, ‘‘Don’t listen to what we say. fact, as the gentleman knows, the DOE technology that is under discussion Don’t in any was believe that we are has not even decided whether or not here in this particular amendment, but sermonizing on the subject. Just look they want to use this technology at all. I will certainly say this is not a nu- at this huge amount of money that we The gentleman is substituting his own clear reactor, and certainly it does not are willing to spend on the same tech- scientific judgment for that of the De- deal with purely the private sector’s nology that we are telling you that you partment of Energy. waste. In fact, it is aimed primarily at Moreover, we are not even talking should not in fact invest in.’’ the nuclear wastes that are produced about the reprocessing of the spent fuel So the $18 million which the gen- by the Federal Government and its fa- from the 40 years of the cold war. So tleman from Wisconsin seeks to cut cilities at Hanford and elsewhere. what is at the heart, as the gentleman out of this budget goes right to the I think we ought to continue this. I knows, is the plan to reuse this fuel in heart of this debate. One, we should agree with the report. That is we have a civilian context. It is a source of fuel not be subsidizing once again private- a pre-publication copy of the report that could be used. The Clinch River sector technology which is supposed to from the National Research Council. Breeder Reactor was originally in- ultimately reuse this spent fuel for You have heard the Congressman from other purposes. That would be wrong. tended for that purpose. This technology ultimately has the same pur- Illinois read a section from that a few Eighteen million dollars for the nu- moments ago. clear utility industry would be about pose. It is nothing more than a second $100,000 in electric utility per year. If generation of that same objective. b 1915 So, the DOE says that it will, in fact, they think it is such a wonderful tech- They recommend that even though cost $85 billion if we do reprocessing for nology for a hundred thousand bucks there are substantial concerns at this spent fuel from civilian reactors. apiece, the wealthiest industry in point, it is desirable to continue work- Eighty-five billion dollars is the num- America should be able to finance it. ing on this process and keep it viable ber of the Department of Energy. There But second, we all have to ask wheth- until we determine whether or not it in er or not our 20-year-old policy of turn- is no way we are going to spend that kind of money. This is a civilian pork fact will assist us in disposing of our ing our back to this reprocessing tech- nuclear wastes at a lower cost. nology which blows a hole into our barrel project that blows a hole through our nonproliferation policy. I agree with that conclusion. I be- nonproliferation regime is something lieve we should continue this project. we want to destroy. Now they can use Mr. MYERS of Indiana. Mr. Chair- man, I yield 5 minutes to the gen- We should try to determine whether or this new term of pyral processing, but, not it will work, because if it does if we are pyromaniacs here, we are ba- tleman from Michigan [Mr. EHLERS], work, the payoff is large. sically going to burn up 18 million who was a practicing scientist. A lot of us have been quoting scientific facts The report goes on to say if this does bucks and burn up our nonproliferation not prove out, we should not hesitate policy simultaneously out here on the here today from what we have read, to terminate it. I am sure if this does floor this evening. The vote, the cor- but our colleague is one of the few sci- not prove to be a valid technology, the rect vote, is to insure that the private entists we have in Congress. maker of the motion and those speak- sector funds this if in fact it is deemed (Mr. EHLERS asked and was given ing in favor of the motion will be back to be worthy as a generator of a new permission to revise and extend his re- next year or the year after, waving this era of nuclear powerplant fuel, and sec- marks.) language at us and saying ‘‘See, it did ond, we should understand that the $18 Mr. EHLERS. Mr. Chairman, in the not work. Let’s cut it out.’’ million we spend absolutely makes us middle of the desert and underneath a My response is if in fact that does look like hypocrites on the world mountain in the western United States happen and the National Research stage, and we try to convince North we were building or trying to build a Council agrees with the conclusion it Korea and others that the nonprolifera- repository for nuclear waste. It is com- does not work, all of us should vote to tion regime of the United States has monly known as Yucca Mountain. We cut it out. But at this point it looks any credibility. have already collected billions and bil- Mr. VOLKMER. Mr. Chairman, will lions of dollars from the consumers in like a promising, useful approach to the gentleman yield? this country, consumers of electric dealing with nuclear waste, and I urge Mr. MARKEY. I yield to the gen- power, in order to pay for that waste defeat of the amendment and continu- tleman from Missouri. storage facility and the problems that ation of the project until we determine Mr. VOLKMER. It is 18 million this arise from it in the future. And we are precisely whether or not it will or will year. How much next year, the follow- talking about billions and billions of not work. ing year, and the following year? dollars for that purpose alone. Mr. OBEY. Mr. Chairman, I yield my- Mr. MARKEY. It is a pile as high as The question is can we perhaps im- self 5 minutes. the Moon because ultimately this tech- prove the operation of that facility, Mr. Chairman, I would simply like to nology will never produce any final can we perhaps save some money by make four points once again. After the product which was an unfortunate ex- not simply dumping things in there, Congress voted to end the advanced liq- perience which we had with the Clinch but rather processing them first, cat- uid metal reactor program, the agency River Breeder Reactor. It never re- egorizing the waste, putting the short- asked Congress for money to terminate sulted in a final product. lived waste in one type of container, that program and to begin to lay off Mr. FAWELL. Mr. Chairman, will the putting the long-lived waste in another people at the labs associated with that gentleman yield? type of container? program. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6809 After they got permission from the Peace group that goes out there and blocks that are facing us in the han- Congress to do it, the agency then de- has been trying to sink the nuclear dling of our spent nuclear fuel, its stor- cided they wanted to change their power industry in this country for age and treatment. mind. They asked for $37 million to years. Thank God they did not. This technology is critical. The sci- continue employing 900 people at these Then you have the other kind that entists in the country say it is needed, labs who were going to be doing work are kind of political and they want to the Clinton administration says it is on that project. They asked to con- go after the gentleman from Illinois needed, the Department of Energy says tinue to employ them rather than to [Mr. FAWELL] because he is a noted that it is needed, the authorizing com- terminate them. Yet they do not have pork buster. mittee says that it is needed. It is time any new mission. That seems to me to Mr. Chairman, there is nothing in that we stop undercutting the nuclear be a very big waste of money. this amendment dealing with pork research in this country and move for- Second, DOE claims that reprocess- whatsoever. There is nothing in here ward to the kinds of solutions that are ing technology might be a treatment that this gentleman put in this bill. It critical to the handling of these issues. that can be used for disposing of spent has been there. This is an ongoing pro- Mr. MYERS of Indiana. Mr. Chair- fuel. But the fact is that internal docu- gram. man, I yield 1 minute to the gentleman ments in that very same agency show If you want to cut something, here is from Illinois [Mr. FAWELL]. that there is no consensus within that $900 billion in cuts, which I have given Mr. FAWELL. Mr. Chairman, I thank agency on the subject, and they show to every appropriator in this House and the gentleman for yielding. that in fact their planners are proceed- every Member of Congress. You can Mr. Chairman, I think it is awfully ing ahead under the assumption that take it page by page, and you can cut, important to understand that in this their plans for dealing with spent fuel cut, cut, cut, cut. We want to see these case there is no National Taxpayers’ will not involve reprocessing. amendments offered on the floor. They Union opposition to what we are doing Third, I will read once again from the are real cutting amendments. It is how here. There is no Citizens Against Gov- report of the National Academy of we can really balance the budget and ernment Waste opposition to what we Sciences released just yesterday enti- bring back some fiscal responsibility to are doing here. This has been author- tled ‘‘Plutonium Disposition Reactor this body. ized by the authorizing subcommittee, Related Options,’’ page 412. It says, Please, I ask all Republicans, vote by the House Committee on Science it- ‘‘The pyro processing approach would ‘‘no’’ on this, and you fiscally respon- self, and then when it came over to the require substantial additional engi- sible Democrats, you do the same appropriators they did their job in cut- neering development and construction thing. Let us defeat this amendment. ting. I felt they cut too much, because Mr. MYERS of Indiana. Mr. Chair- of major new facilities, and it would it went down to $18 million. man, I yield 2 minutes to the gen- produce a waste form that has not been So the job has been done. It has gone characterized at all for long-term dis- tleman from Idaho [Mr. CRAPO]. Mr. CRAPO. Mr. Chairman, once through the process. You have a Na- position, and it would probably be un- tional Academy of Sciences report that suitable for emplacement in Yucca again I stand in strong opposition to the efforts to eliminate some of the deals with electrometallurgical proc- Mountain,’’ which has just been men- essing, and the gentleman from Wis- tioned. critical nuclear research that is necessary for our country’s nuclear energy consin is talking about one that deals They go on to say, ‘‘All of this with plutonium disposition options. We strikes our panel as a prescription for programs. We fought these kinds of battles repeatedly, but I think it is im- are not talking about plutonium dis- long delays and big investments in pur- position options. We are talking about suit of a problem for which satisfactory portant that we recognize, as we did in previous years, that the National Acad- a metallurgical process on spent fuel approaches are much closer at hand.’’ that the public, that the DOE, has cre- In plain English, it seems to me that emy of Sciences has recognized this ated. says Don’t waste the money. technology as critical, and the reports Now, the last point I would simply that have been talked about today do Mr. MYERS of Indiana. Mr. Chair- make is that if you voted for the budg- not correctly reflect the information man, I yield myself the balance of my et resolution which called for the abo- that has come out of the National Re- time. lition of the Energy Department, then search Council and their testing. Mr. Chairman, the argument during you have no logical choice, it seems to In fact, as the gentleman from Illi- the last amendment that successfully me, but to vote to end this program. nois has already indicated, today’s re- reduced by $20 million research for a Why on Earth should the country be- port states that notwithstanding the reactor for the next century was the lieve that you are serious about abol- above information in the report, it is fact that, first, the President had not ishing thee Department of Energy if desirable that the process technology requested it, second, that the Depart- you cannot even vote to abolish a pro- here that we are talking about based at ment of Energy did not favor it and, gram which the Energy Department it- national laboratories be kept viable as third, it was not authorized. self decided they had to close down and a problem solving resource. We must This program meets all three of those asked permission from the Congress in recognize that, according to the DOE, criteria. The President requested $37.3 fact to do so? So if you voted for the this research can significantly reduce million, it is authorized, and DOE has budget resolution, which called for the the amount of high level waste in spent strongly supported the program. So if abolition of that department, then how nuclear fuel. This offers us the poten- you are going to be consistent, the 300 on Earth can you not follow through by tial key for the safe treatment of our of you voted a while ago to cut funds voting to abolish some of the tiny pro- spent nuclear fuel. for those reasons or some other rea- grams which that department runs, Funding fur nuclear technology re- sons, now you have no other choice but programs which obviously right now search and development was requested to vote for this because it meets the are just spinning their wheels, spend- by the Clinton administration and the three criteria you spelled out during ing money in search of a mission? Department of Energy and authorized the last amendment. Mr. Chairman, I urge Members to de- by the House Committee on Science. Mr. Chairman, one of our greatest fend the taxpayer rather than a piece At these amounts, we are already see- threats today is nuclear waste. This is of pork. I urge Members to vote for this ing significant reductions for budget an attempt to, and hopefully it will, amendment. balancing purposes. Now we must fol- find a solution to the problem. I ask for Mr. MYERS of Indiana. Mr. Chair- low the strong science in this country a strong vote of no on their amend- man, I yield 1 minute to the gentleman and support continuing nuclear re- ment. from New York [Mr. SOLOMON]. search. The CHAIRMAN. The question is on Mr. SOLOMON. Mr. Chairman, let us We have a problem in this country in the amendment offered by the gen- be blunt and call a spade a spade. There dealing with spent nuclear fuel and nu- tleman from Wisconsin [Mr. OBEY]. are two kinds of people supporting this clear waste. We have a scientific oppor- The question was taken; and the amendment. One is what I call the tunity to find the solution, to unlock Chairman announced that the noes ap- ‘‘Screaming Greenies,’’ the Green the problems and to get past the road- peared to have it. H 6810 CONGRESSIONAL RECORD — HOUSE July 11, 1995 RECORDED VOTE Gilchrest Lipinski Rush Mr. OBEY. Mr. Chairman, I would Gillmor Livingston Salmon tell the gentleman, I certainly hope so. Mr. OBEY. Mr. Chairman, I demand a Gilman Lucas Saxton recorded vote. Goodlatte Manzullo Scarborough Mr. MYERS of Indiana. Is that my A recorded vote was ordered. Goss Martini Schaefer understanding of the agreement we The vote was taken by electronic de- Graham Mascara Schiff have? Greenwood McCollum Seastrand Mr. OBEY. Mr. Chairman, if the gen- vice, and there were—ayes 155, noes 266, Gunderson McCrery Shadegg not voting 13, as follows: Gutierrez McDade Shaw tleman will yield, that certainly would Gutknecht McHugh [Roll No. 486] Shuster be my hope and expectation. We are Hall (TX) McInnis Sisisky being asked to go into a markup at this AYES—155 Hancock McIntosh Skaggs Hansen McKeon point at 8 p.m., and it seems to me if Abercrombie Hamilton Payne (NJ) Skeen Hastert Meek we are going to have an appropriation Ackerman Harman Pelosi Smith (MI) Hastings (FL) Metcalf Andrews Hefley Smith (NJ) subcommittee markup we should not Peterson (MN) Hastings (WA) Meyers Baesler Hefner Smith (TX) Petri Hayes Mica have to be in two places at the same Baldacci Hilleary Smith (WA) Pomeroy Hayworth Miller (FL) time, so I see no reason for us to con- Barcia Hinchey Solomon Rahall Heineman Mineta Barrett (WI) Hobson Souder tinue the session this evening. Ramstad Herger Molinari Bass Holden Spence Mr. MYERS of Indiana. Mr. Chair- Rangel Hilliard Mollohan Becerra Hostettler Stearns Reed Hoekstra Montgomery man, we will have the colloquies and Beilenson Jacobs Stockman Rivers Hoke Moorhead the Committee will rise. There will be Berman Johnson (SD) Stump Roemer Horn Morella Bishop Johnson, Sam Talent no more votes this evening, if it can be Rose Houghton Murtha Blute Johnston avoided. Roth Hoyer Myers Tate Bonior Kanjorski Roukema Hunter Myrick Tauzin AMENDMENT OFFERED BY MR. SKAGGS Borski Kaptur Roybal-Allard Hutchinson Nethercutt Taylor (MS) Browder Kennedy (MA) Mr. SKAGGS. Mr. Chairman, I offer Sabo Hyde Norwood Taylor (NC) Brown (FL) Kennedy (RI) an amendment. Sanders Inglis Nussle Tejeda Brown (OH) Kildee Sanford Istook Ortiz Thomas The CHAIRMAN. The Clerk will des- Chabot Kleczka Sawyer Jackson-Lee Owens Thornberry ignate the amendment. Chapman Klug Schroeder Johnson (CT) Packard Thornton Christensen LaFalce The text of the amendment is as fol- Johnson, E. B. Pallone Thurman Clayton Lantos Schumer lows: Jones Parker Tiahrt Clyburn Levin Scott Kasich Pastor Torricelli Amendment offered by Mr. SKAGGS: On Collins (GA) Lewis (GA) Sensenbrenner Kelly Paxon Traficant page 19, line 7, strike ‘‘$5,265,478,000’’ and in Collins (MI) LoBiondo Serrano Kennelly Payne (VA) Upton Condit Lofgren Shays lieu thereof insert ‘‘$5,411,478,000’’. Kim Peterson (FL) Vucanovich Conyers Lowey Skelton King Pickett Waldholtz Mr. MYERS of Indiana. Mr. Chair- Danner Luther Slaughter Kingston Pombo Walker man, on this amendment I reserve a DeFazio Maloney Spratt Klink Porter Walsh Dellums Manton Stenholm point of order. Knollenberg Portman Wamp Deutsch Markey Stokes Mr. SKAGGS. Let me just reassure Kolbe Poshard Watts (OK) Dingell Martinez Studds LaHood Pryce Weldon (FL) my colleagues, Mr. Chairman, even Dixon Matsui Stupak Largent Quillen Weldon (PA) though we have called this up as an Doggett McCarthy Tanner Latham Quinn Weller Doyle McDermott Thompson amendment, this will not involve a LaTourette Radanovich White Duncan McHale Torkildsen Laughlin Regula Whitfield vote. Edwards McNulty Torres Lazio Richardson Wicker Mr. Chairman, I expect that the dis- Engel Meehan Towns Leach Riggs Wilson Eshoo Menendez Tucker tinguished gentleman from Indiana Lewis (CA) Roberts Wise Farr Mfume Velazquez [Mr. MYERS] may insist on his point of Lewis (KY) Rogers Wolf Fattah Miller (CA) Vento Lightfoot Rohrabacher Young (AK) order. I appreciate the opportunity to Fields (LA) Minge Visclosky Lincoln Ros-Lehtinen Young (FL) have made these arguments on behalf Foglietta Mink Volkmer Linder Royce Zeliff Furse Moran Ward of this issue. Ganske Nadler Waters NOT VOTING—13 Mr. Chairman, this amendment Gephardt Neal Watt (NC) would add a modest amount, $146 mil- Geren Neumann Waxman Boehner Jefferson Reynolds Gonzalez Ney Williams Brown (CA) Longley Stark lion, in order to partially correct a se- Goodling Oberstar Woolsey Cardin McKinney Yates rious mistake in this bill. Gordon Obey Wyden Clement Moakley That mistake is a reduction in fund- Frost Oxley Green Olver Wynn ing for the Energy Department’s envi- Hall (OH) Orton Zimmer b 1947 ronmental management program—the NOES—266 The Clerk announced the following program to clean up the enormous Allard Camp Dornan pair: mess at the various nuclear weapons Archer Canady Dreier On this vote: facilities—a reduction of more than Armey Castle Dunn $740 million. In making that reduction, Bachus Chambliss Durbin Ms. McKinney for, with Mr. Yates against. Baker (CA) Chenoweth Ehlers the committee’s leadership was taking Baker (LA) Chrysler Ehrlich Messrs. EVANS, PETERSON of Flor- its lead from the authorizing commit- Ballenger Clay Emerson ida, DE LA GARZA, and ENSIGN tee, which cut the authorization for Barr Clinger English changed their vote from ‘‘aye’’ to ‘‘no.’’ Barrett (NE) Coble Ensign these programs in order to increase Bartlett Coburn Evans Mr. MFUME changed his vote from spending for missile defenses—the Barton Coleman Everett ‘‘no’’ to ‘‘aye.’’ ‘‘Star Wars’’ programs—by a like Bateman Collins (IL) Ewing So the amendment was rejected. Bentsen Combest Fawell amount. Bereuter Cooley Fazio The result of the vote was announced In this respect, the priorities in the Bevill Costello Fields (TX) as above recorded. defense authorization bill were exactly Bilbray Cox Filner Mr. MYERS of Indiana. Mr. Chair- wrong. We shouldn’t repeat the mis- Bilirakis Coyne Flake man, I move to strike the last word. Bliley Cramer Flanagan take. We need to clean up our room be- Boehlert Crane Foley Mr. Chairman, it is my understand- fore we spend our allowance to buy new Bonilla Crapo Forbes ing there has been a discussion and an toys. Bono Cremeans Ford agreement from the minority that this Through its environmental manage- Boucher Cubin Fowler Brewster Cunningham Fox last vote will be the last vote for the ment programs, the Energy Depart- Brownback Davis Frank (MA) evening, but we will have some col- ment carries out the work of cleaning Bryant (TN) de la Garza Franks (CT) loquies with Members who have some up the Rocky Flats site in Colorado, Bryant (TX) Deal Franks (NJ) Bunn DeLauro Frelinghuysen expression here of the intent of legisla- and the other facilities where America Bunning DeLay Frisa tion. developed and built the nuclear weap- Burr Diaz-Balart Funderburk Mr. OBEY. Mr. Chairman, will the ons that enabled us to win the cold Burton Dickey Gallegly gentleman yield? war. Buyer Dicks Gejdenson Callahan Dooley Gekas Mr. MYERS of Indiana. I yield to the The costs of this cleanup are part of Calvert Doolittle Gibbons gentleman from Wisconsin. the costs of that victory. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6811 They have to be paid. There is noth- Mr. MYERS of Indiana. Mr. Chair- Furthermore, I understand that it is ing speculative about the environ- man, will the gentleman yield? the intention of the committee to sup- mental and safety problems at Rocky Mr. SKAGGS. I yield to the gen- port the Bates Linear Accelerator Cen- Flats, or Savannah River, or the Han- tleman from Indiana. ter in Middleton, MA, again within the ford Reservation, or any of the other Mr. MYERS of Indiana. Mr. Chair- available funds. Is this understanding sites. While the benefits that might man, what the gentleman speaks he correct? come from spending more than the De- speaks firsthand, because Rocky Flats Mr. MEYERS of Indiana. Mr. Chair- fense Department proposes for the Star in his State is one of the worst in the man, will the gentleman yield? Wars programs are at best speculative, country as far as environmental clean- Mr. TORKILDSEN. I yield to the gen- there is nothing speculative about the up. The committee has been well aware tleman from Indiana. health, safety, and environmental ben- of the problem there. We have been try- Mr. MYERS of Indiana. Mr. Chair- efits from cleaning up Rocky Flats and ing to clean that up for the last several man, the gentleman is correct. The the other sites. Nor about the serious years. We finally, I think, are making committee continues to support uni- risks posed to worker and public health more progress today. versity-based research in high physics, and safety unless funding is at least However, the committee has realized recognizing that much of the research partly restored. that almost a $1 billion increase each is done by universities. But even year occurs in the environmental res- maybe more importantly, it supports Much has been done already. The Of- toration and the clean-up, and it is a the development and teaching of sci- fice of Environmental Management has very serious problem this committee entists for the future, so it really already safeguarded more than 20 met- and the country faces, but we have not serves two purposes. The committee ric tons of weapons-usable plutonium; had much success that the gentlemen has been a long supporter and will con- prevented explosives in tanks of high- has been addressing here as far as DOE tinue. The gentleman is correct, we are level wastes; treated more than 4 bil- is concerned. continuing that support. lion gallons of contaminated water; What we have done, without preju- Mr. TORKILDSEN. Mr. Chairman, I and removed or stabilized enough con- dice to the future, we have said, ‘‘Look, thank the gentleman, and I want to taminated soil to fill trucks stretching you have to improve the efficiency and thank the chairman of the appropria- from Alabama to Los Angeles. But effectiveness of your clean-up,’’ This is tions subcommittee for clarifying this more—much, much more—remains to what we are trying to do here. We will very important point. be done. work very closely with the gentleman Mr. SCHAEFER. Mr. Chairman, I Progress has been made recently in to make sure we do get the most bang move to strike the last word. improving the efficiency of the clean- for our buck. Mr. Chairman, I do rise for the pur- up. For example, the administration Mr. SKAGGS. Mr. Chairman, I under- pose of entering into a colloquy with expects to save a billion dollars by stand and share the Chairman’s inter- the gentleman from Indiana [Mr. privatizing some operations, to let est in promoting greater efficiency in MYERS]. market forces push costs down, and by this area, DOE. As the gentleman Mr. Chairman, as I understand it, changing contract incentives to reward knows, the department has taken some H.R. 1905 provides $425 million for the efficiency and costs savings, reducing important steps itself. I hope the chair- nuclear waste program, which is a re- work forces, and focusing research and man would agree with me that while duction from past levels. The commit- development on the areas of most greater efficiency is desirable, that tee report on H.R. 1905 states this fund- pressing needs. But these improved ef- these programs meet an important re- ing level is insufficient to aggressively ficiencies cannot make up for the ex- sponsibility and that we need to con- pursue site characterization activities cessive cuts that would be made by this tinue to provide necessary resources. at Yucca Mountain, and that the Ap- bill. Mr. MYERS of Indiana. We certainly propriations Committee will be unable The effects of this bill’s underfunding do. to provide resources to match the are more severe because they come Mr. SKAGGS. I hope we can work to- project’s ambitious funding profile for down on top of reductions self-imposed gether on this in connection with the the coming years. by DOE and rescissions adopted for fis- 1997 legislation. The committee report also directs cal 1995 funds. Last year, we cut these Mr. MYERS of Indiana. The commit- DOE to concentrate available resources programs by more than $89 million tee makes that commitment to all on the development and implementa- below the fiscal 1994 level, providing Members. tion of a national interim storage pro- $124.7 million less than the administra- Mr. SKAGGS. With that in mind, Mr. gram. I would ask the gentleman if this tion had said was needed for fiscal 1995. Chairman, rather than putting the is correct, if I am reading this right. chairman to the point of order, I ask Compared to the nearly $6.58 billion re- b 2000 quirement for fiscal 1996 contemplated unanimous consent to withdraw the Mr. MYERS of Indiana. Mr. Chair- in its previous budget submission, the amendment. man, will the gentleman yield? Department this year has requested The CHAIRMAN. Is there objection to the request of the gentleman from Mr. SCHAEFER. I yield to the gen- only $6 billion in the actual fiscal 1996 tleman from Indiana. budget submitted this year. That re- Colorado? There was no objection. Mr. MYERS of Indiana. The gen- duction, more than $557 million, re- Mr. TORKILDSEN. Mr. Chairman, I tleman is correct. This committee has flects an enormous internal effort by move to strike the last word. supported long-term storage. At this the Department to search out and im- Mr. Chairman, I would like to engage time we have continued to support the plement savings and efficiencies on its my colleague, the gentleman from In- characterization of the site in Nevada own. diana [Mr. MYERS], the chair of the known as Yucca Mountain, while rec- Unless it’s amended, this bill would Subcommittee on Energy and Water ognizing our contractual responsibility fall another $742.5 million below what Development of the Committee on Ap- as well as our moral responsibility to DOE says it needs to do the job. That’s propriations, in a colloquy regarding accept the nuclear waste that is now at why I am urging the House to adopt H.R. 1905. 71 locations with 109 reactors around this amendment and to provide more Specifically, I rise to inquire about the country where much of the storage funding than is now in the bill. title 3 for the Department of Energy in is outside in dry storage. We recognize Even with this increase, the bill will general science and research activities, we have to do something about meet- not provide all that’s necessary for this subheading for nuclear physics. It is ing that obligation we have by accept- vital work in the next fiscal year. In my understanding that the $304.5 mil- ing that storage of the nuclear fuel, fact, even with the amendment’s in- lion will be appropriated for fiscal year spent fuel, from these reactors. That crease the bill will fall short of the ad- 1996. Of those dollars, I understand that has to be accomplished by 1998. The ministration’s request by nearly $600 is the intention of the committee to only way we can see being able to do million. But adoption of the amend- support the university-based accelera- that is to focus on interim storage. ment will at least partially close the tors under the nuclear physics account Mr. SCHAEFER. Reclaiming my gap, and I urge its adoption. within the funds available. time, I appreciate the gentleman’s H 6812 CONGRESSIONAL RECORD — HOUSE July 11, 1995 comments. The committee report also crease as management builds more effi- ting process for areas that do not con- directs DOE to downgrade, suspend or ciencies into the LBL system. tain high-quality vernal pools. In Pub- terminate its activities at Yucca As reported by the Committee on Ap- lic Law 102–580, the 102d Congress di- Mountain. It is my understanding that propriations, the recommended Federal rected the Secretary of the Army to the energy and water development ap- contribution to LBL is $3.1 million, a provide technical assistance to the propriations bill does not force DOE to reduction of $3 million from the budget task force in drafting a plan for the de- abandon site characterization work at request of $6.1 million. Although I ap- velopment and preservation of high- Yucca Mountain and that DOE has tes- preciate the serious budgetary con- quality seasonal wetlands on the Santa tified in hearings before the Energy straints under which the committee is Rosa plain. and Power Subcommittee that the operating, I fear that this reduced level The task force has now completed funding level for the nuclear waste dis- of funding will frustrate TVA’s ability the first phase of developing an appli- posal program in H.R. 1905 is adequate to manage a smooth transition to LBL cation to the Army Corps of Engineers to both develop a Federal interim stor- self-sufficiency. general permit, namely, identifying age facility and maintain site charac- In the past, TVA has used steward- the areas to be considered potential terization activity at Yucca Mountain, ship account funds to support functions high-quality sites. Specifically at this although site characterization activity of LBL. To the extent that TVA is able point, I would like to express my un- would be slow down. to realize reductions, savings, or effi- derstanding of actions that the sub- Is it the gentleman’s view that H.R. ciencies, I presume the committee will committee encourages the Vernal 1905 would permit continued site char- allow TVA the flexibility to allocate Pools Task Force to undertake with re- acterization at Yucca Mountain, al- available resources so that stewardship spect to modifying its operations in a though at a slower pace than in the funds could be used from LBL if nec- number of areas and then ask the sub- past? essary. committee chairman if he concurs in I would just like to enter into a col- those expectations. Mr. MYERS of Indiana. If the gen- First of all, approximately one-half tleman would yield further, the com- loquy with the chairman and ask him if he agrees with that understanding. of the current task force consists of mittee has of course worked with your representatives of Federal and State subcommittee very closely on this Mr. MYERS of Indiana. Mr. Chair- man, will the gentleman yield? agencies. The involvement of the agen- issue. You have visited this mountain cies as voting members of the task more recently than we have. It is ex- Mr. WHITFIELD. I yield to the gentleman from Indiana. force has inhibited development of a actly the criteria that we developed in plan that is community-driven. To rec- this appropriation that while we are Mr. MYERS of Indiana. This is exactly the position the committee took. tify this, it may be preferable for Fed- not trying to prejudice any future deci- eral and State officials to serve in an sion, the aggressive program we have We have long supported TVA but we realize with the limited resources you advisory manner and not to have a had in the last year especially would vote on the task force. have to be slowed own. Site character- spoke of, we just cannot continue all of these. But we would be glad to work Second, the committee understands ization of some type will continue, but that a large amount of land under con- we just do not have the dollars to do with the Tennessee Valley Authority and the Congressmen from that area, sideration by the task force is agricul- both the aggressive characterization by tural in nature and in use, yet the agri- the drilling in the mountain that we both Tennessee and Kentucky, because this is a problem we have to address cultural community does not have suf- would have and still find the interim ficient representation on the task site. but that we are not expecting to be addressed and solved overnight. We will force. We would encourage three addi- Mr. SCHAEFER. Reclaiming my be glad to work with the gentleman. tional members be added to represent time, the committee report on H.R. Mr. WHITFIELD. I appreciate the the agricultural community as deter- 1905 also states the Department should hard work that the committee has mined by the Sonoma County Farm anticipate enactment of expanded au- done and commend the chairman for Bureau. thority to accept waste for interim Third, the task force does not cur- trying to balance the needs of the pub- storage and should refocus the civilian rently include a representative from lic versus the resources that we are radioactive waste program accord- my congressional office representing working with. I appreciate your work- ingly. I want to assure the gentleman California’s First District. The task ing with TVA and allowing them some from Indiana that the Committee on force should include one nonvoting rep- flexibility on these funds. resentative each from the First and Commerce will soon take up the legis- Mr. RIGGS. Mr. Chairman, I move to Sixth Congressional District offices. lation to direct DOE to develop an in- strike the last word. terim storage site. I thank the gen- And finally, we believe that affected Mr. Chairman, at the outset, let me property owners should have a mecha- tleman for engaging in this colloquy. express as one member of the Sub- Mr. MYERS of Indiana. I thank the nism to appeal any task force decision committee on Energy and Water Devel- to list their property as high-quality gentleman for bringing the issue up opment of the Committee on Appro- and look forward to working with him wetlands. Before completion of phase II priations my appreciation to the gen- with the funds appropriated by the sub- in the future development of a site for tleman from Indiana [Mr. MYERS], the our nuclear waste. committee, all owners of property des- chairman of the subcommittee, and the ignated as high-quality wetlands Mr. WHITFIELD. Mr. Chairman, I gentleman from Alabama [Mr. BEVILL], should be notified of the pending des- move to strike the last word. the ranking member, for their help in ignation and the task force should de- Mr. Chairman, I represent the First including in the fiscal year 1996 Energy velop an appeals process for affected District of Kentucky, which includes and Water appropriations bill $250,000 property owners. the Land Between the Lakes. LBL is a in funds for the Sonoma County, Cali- So at this point, Mr. Chairman, I 170,000-acre national recreation and en- fornia Vernal Pools Task Force. These would like to yield to the gentleman vironmental education area managed funds which I sought along with my from Indiana [Mr. MYERS], the sub- by the Tennessee Valley Authority. colleague the gentlewoman from Cali- committee chairman, again commend LBL supports a $400 million regional fornia [Ms. WOOLSEY] will enable com- him for his fine work in drafting this tourism industry and provides high- pletion of the second phase of a preser- complex and important piece of legisla- quality recreation and environmental vation plan for Vernal Pools which are tion, and ask the gentleman if I am opportunities to over 2 million visitors a very sensitive and fragile form of correct that the committee views these a year. ecosystem and wetlands. actions as appropriate. Mr. Chairman, TVA has been work- As the subcommittee chairman Mr. MYERS of Indiana. Mr. Chair- ing to create a new public and private knows, the Vernal Pools Task Force man, will the gentleman yield? partnership to increase the rate of re- was established at my initiative in 1991 Mr. RIGGS. I yield to the gentleman turn from LBL. User fees are being col- before my sabbatical from Congress from Indiana. lected from the public, and the need for and its primary goal is simplification Mr. MYERS of Indiana. Mr. Chair- Federal subsidies is expected to de- of the Army Corps of Engineers permit- man, the gentleman from California July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6813

[Mr. RIGGS] is correct. Under his strong I might add that the disposal of the the Secretary authorizes the payment of leadership before, when the gentleman dredged material is an environmental travel expenses of the Secretary or other em- was here the first term, he became a issue. At this time, there are few places ployees of the Department of Energy in ex- leader in this field and much of what we can dispose of this material, as it cess of an aggregate of $5,246,200 for fiscal year 1996. Such report shall describe the has been accomplished so far is because may risk 2,400 acres of hardwood-wet- amount authorized, the purposes for which of the gentleman’s endeavor and hard land wildlife habitat. such funds were originally allocated, and the work. He continues to do the same job The highlights of the important of travel expenses for which they are used. as a member of this subcommittee. We the Montgomery Point Lock and Dam Mr. HOKE (during the reading). Mr. work closely with the gentleman and thus are twofold. By constructing this Chairman, I ask unanimous consent continue, as we have in the past, and lock and dam, we can provide industry that the amendment be considered as the gentleman is correct in what we with a less expensive means of trans- read and printed in the RECORD. are trying to do . porting its good in and out of the Mid- The CHAIRMAN. Is there objection Mr. RIGGS. Mr. Chairman, I thank west and the Southwest United States. to the request of the gentleman from the gentleman for his very kind re- Mr. Chairman, the gentleman from Ohio? marks. Indiana [Mr. MYERS], in his bill, indi- There was no objection. Mr. DICKEY. Mr. Chairman, I move cates his recognition that this is a Mr. MYERS of Indiana. Mr. Chair- to strike the last word. problem and has included $5.4 million man, I reserve a point of order on this Mr. Chairman, I would like to enter to begin land acquisition for the plan- amendment. into a colloquy with the gentleman ning and construction of roads and fa- The CHAIRMAN. The gentleman re- from Indiana [Mr. MYERS]. I first want cilities for the Montgomery Point serves a point of order. to compliment the gentleman and his Lock and Dam. The amendment as offered by the staff for this fine bill, particularly in For the past 5 years, Mr. Chairman, gentleman from Ohio [Mr. HOKE] goes light of the fiscal situation with which as you know, language has been in- to title V. we are faced, and the yeoman’s job the cluded expressing congressional intent Mr. HOKE. Mr. Chairman, I withdraw gentleman has done today just staying that this project be built. Unfortu- the amendment. with it and I know we will continue to- nately, the Corps, despite Congress’ in- The CHAIRMAN. Without objection morrow. tent to move on this project, has not the gentleman from Ohio withdraws Of great importance to Arkansas, and seen fit to act. the amendment. many other states in the Southwest Mr. Chairman, I would ask the gen- There was no objection. United States, is the McClellan-Kerr tleman from Indiana [Mr. MEYERS] if it Mr. HOKE. Mr. Chairman, I move to navigation project on the Arkansas is his intent to direct the Army Corps strike the last word. River. Grain, steel, lumber and finished of Engineers to undertake the activi- Mr. Chairman, I rise to engage the products are shipped and received on ties in fiscal year 1996 as outlined in gentleman from Indiana in a colloquy. this inland navigation system. this bill’s accompanying report, there- Mr. Chairman, as you know, I recently The surface level of the Mississippi by enabling Century Tube of Pine submitted for the RECORD this amend- River is expected to decline to 95 feet Bluff, farmers, and other shippers to ment which was designed to restore above sea level, roughly 15 feet lower use this critical waterway year round. some degree of sanity to the official than the original design elevation at Mr. MYERS of Indiana. Mr. Chair- travel policies at the Department of the confluence of the river and the man, will the gentleman yield? Energy. I want to take a moment just McClellan-Kerr project. Without cor- Mr. DICKEY. I yield to the gen- to discuss the reasoning behind the rective action, not even empty tows tleman from Indiana. amendment. could go either way on the river. They Mr. MYERS of Indiana. Mr. Chair- b 2015 would be resting on the bottom with no man, the gentleman from Arkansas water for navigation. [Mr. DICKEY] has very accurately de- Some months ago I began an inves- Delays and unreliable service due to scribed the conditions on the McClel- tigation of the Secretary of Energy’s these low water levels will adversely lan-Kerr Waterway and it is a very se- proclivity to spend generously on her- impact industry as far west as Texas vere problem and we are well aware of self and her aides in the course of what and Colorado and as far north as Iowa that. We have been trying to tell the has been called or billed as ‘‘official and Nebraska. As the President of Cen- Corps that we intend it to be built. We travel.’’ Through a preliminary inquiry tury Tube Corp. of my hometown of have had some difficulty getting it into the agency’s activities, it is appar- Pine Bluff, AR, Robert Pfautz, indi- started, but we will work you and the ent that Secretary O’Leary has already cated in a letter last month, Corps to make sure that they do fulfill transferred in excess of $400,000 from We have experienced river closing in the the intent of Congress. nuclear accounts, including accounts past which lasted several weeks and caused We thank the gentleman for his dili- used by scientists and technicians in us to take emergency actions to keep our the department’s nuclear safeguards production lines running at significant cost gence. Perseverance is not lacking in and possible plant shutdowns. If barges are his character. and security programs by pay for this unable to enter into the Arkansas River Mr. DICKEY. Mr. Chairman, also pa- travel. from the Mississippi, then we are forced to tience and tolerance is not lacking in Although the Secretary claims that offload steel at ports on the Mississippi and the gentleman’s qualifications either. her use of official funds is not out of transport the steel by truck to our plant. Let me ask the gentleman one other the ordinary, the facts paint an en- This process is very expensive. question. Does this action that he is di- tirely different picture. According to a Shortage of water not only stops recting constitute the start of the con- recent L.A. Times article, the Sec- traffic on the river, it also causes peo- struction process? retary believes in traveling in business ple to initially choose more reliable Mr. MYERS of Indiana. Mr. Chair- and first class more often than not, and and expensive transportation during man, we think it is, yes. We will be she spent approximately $815 per trip, certain times of the year. working with the Corps to make sure for a total of nearly $50,000 on her do- In 1993, the Army Corps of Engineers that is carried out, and with the gen- mestic travels alone. That does not in- finalized a study that detailed the ne- tleman, I am sure. clude the costs associated with those cessity of the construction of lock and AMENDMENT OFFERED BY MR. HOKE who are traveling with her, her staff, dam at the confluence of the Mis- Mr. HOKE. Mr. Chairman, I offer an which has included as many has 10 peo- sissippi and the entrance to the amendment. ple, nor does that take into account McClellan-Kerr project. The other al- The Clerk read as follows: the Secretary’s overseas junkets, ternative was dredging. Dredging, which include bank-busting visits to which is a process that digs land from Amendment offered by Mr. HOKE: At the Russia, to Italy and to France. end of the bill, insert after the last section the bottom of the river to ensure that (preceding the short title) the following new It is truly shocking and without water levels are maintainable, costs section: precedent that the Department of En- between $6 million and $7 million every SEC. 505. The Secretary of Energy shall ergy seems to become a travel service year. transmit a report to the Congress each time for the Secretary of Energy. In fact, H 6814 CONGRESSIONAL RECORD — HOUSE July 11, 1995 she has recently demanded that pro- On July 4, I had a nephew born, Keen- Department of Energy and the Sec- gram offices responsible for safeguard- an Tiahrt. He was born July 4, 1995, and retary of that department to take seri- ing our Nation’s nuclear deterrent because of spending like this that goes ously and to get under control and to cough up additional funds to pay for an to the debt, he is going to have to pay do it now. August trip to South Africa. $197,000 in taxes just to pay the interest As you know, government officials The onset of this travel investigation on the debt. So we are charging it to are permitted to claim up to 100 per- has coincided with the resignation of his account and to my children’s ac- cent of the maximum per diem in spe- the No. 2 official in the dependent and count and to the next generation’s ac- cial or unusual circumstances. How- with rumors of other top-level officials count. ever, Secretary O’Leary has sought re- leaving the department. So it is a little bit difficult. We do imbursement for expenses in excess of As we can all no doubt recall, the not want to micromanage this. But I the maximum per diem on 61 of the 71 President campaigned in 1992 on a am not sure what we are going to have occasions when she stayed at a hotel in pledge his administration would be free to do, whether we have to shame the the United States. She appears to be- from even the taint of inappropriate Secretary of the Department of Energy lieve that the special or unusual cir- activity. to travel on the same budget the rest cumstances are the rule when she trav- In light of all of these recent develop- of us travel on. Why does she have to els. ments and because I am mindful of the be excessive on the taxpayers’ dollars? Now, she has transferred $400,000 fact my amendment may constitute I wanted to say I understand why you from other program accounts to fi- legislating on an appropriations bill, I cannot offer this because of the way nance this travel. She has just redo not intend to offer it later today on the rules are written, but I think that turned from a trip to Paris, Florence, part 5. However, I do intend to revisit we should have some sanity in the way and Baku. She is currently in Russia the issue in the very near future, for of traveling. I appreciate Chairman for the 8th time, and she is soon going that reason, I would like to yield for MYERS watching the Secretary. to be off to South Africa. It is enough. your thoughts and comments on this I know that I had an amendment that Enough is enough, Mr. Chairman, and important issue. I was going to offer. I am not going to we want this kind of extravagant trav- Mr. MYERS of Indiana. Mr. Chair- offer it because he has done a good job el to stop, and we want the money to man, will the gentleman yield? of reducing the Administration’s budg- Mr. HOKE. I yield to the gentleman be stopped being taken from the ac- et, forcing the Secretary of Energy to from Indiana. counts and wasted on the travel ac- Mr. MYERS of Indiana. I thank the travel differently. count. gentleman for bringing up this issue. Mr. TIAHRT. Mr. Chairman, I move Mr. TIAHRT. Reclaiming my time, I The committee is well aware of the to strike the last word. wanted to note, I want you to know I just wanted to, before I yield to the press coverage and the accusations of this goes beyond just the travel budget. gentleman from Ohio, I would just like extravagant, if not unnecessary, spend- We have instances pointed out by Vice to say I think Chairman MYERS has ing on travel. President GORE in his National Per- We have reduced the administrative done a good job of taking one step for- formance Review that the Department resources for the Department of En- ward in seeing we reduce the adminis- of Energy, in their environmental man- ergy this year. They have done their trative budget by about approximately agement area, has missed 20 percent of part. We will be watching this very 20 percent. their milestones, which means they are closely. Also, we appreciate you work- All the corporations across the Unit- behind schedule. They are 40 percent ing with the committee. We will be ed States have reduced, and I think it inefficient. It could cost us $70 billion watching it very closely. I assure you has made them more efficient. If you over the next 30 years. I think Vice of that. talk to the corporations, you will find President GORE’s National Perform- Mr. HOKE. I do appreciate the chair- out that by downsizing, they have be- ance Review is clear we need to do man’s offer and expression of support come more efficient. something about the management on that. So I think this is a good step in the practices at the Department of Energy. Mr. MYERS of Indiana. Thank you right direction. That is why I am not Mr. MYERS of Indiana. Mr. Chair- for drawing our attention to that. offering my amendment. I understand man, I move to strike the last word. Mr. HOKE. I know gentleman from the rules, you know, that we cannot Mr. Chairman, I hope the Secretary Kansas also wanted to add some micromanage and we cannot put this was watching C-SPAN in Russia and thoughts on this. onto the appropriations bill. I think we got the message firsthand. Mr. TIAHRT. Mr. Chairman, will the are taking the right steps to downsize. We are about to finish here the com- gentleman yield? I have a bill that will eliminate the mittee’s business this day. On behalf of Mr. HOKE. I yield to the gentleman Department of Energy. I think we are the committee, I want to thank the from Kansas. in line towards even that goal. So we professional staff here as well as our Mr. TIAHRT. I know we have some are taking the right steps as a Con- staff members for the patience and unlimited time. We do not have time to gress, and I just want to commend derstanding and cooperation today. talk about how the Secretary averages Chairman MYERS. Tomorrow will be chapter 2, and we more on a 3-day trip than the next per- Mr. HOKE. Mr. Chairman, will the expect to finish by noon tomorrow, son in the Cabinet averages on a 5-day gentleman yield? noon someplace, anyway, but we have a trip. We really do not have time to talk Mr. TIAHRT. I yield to the gen- few more amendments tomorrow, but about the time when the Secretary tleman from Ohio. with the understanding and coopera- went to Boston and spent $337 per night Mr. HOKE. The fact is we have got a tion, we can finish it. Be here at 10 in a hotel when the head of the EPA problem at the Department of Energy o’clock sharp, tomorrow morning. was just there subsequently and only with travel, and it is not just a small Mr. VOLKMER. Mr. Chairman, will spent $83 per night. We do not have problem, because what it does do is it the gentleman yield? time a talk about how the Secretary of takes money away from the accounts Mr. MYERS of Indiana. I yield to the the Department of Energy always trav- that safeguard our nuclear energy pro- gentleman from Missouri. els with 7 or more, as an average, aides. gram, and it is spending it in a way Mr. VOLKMER. Mr. Chairman, I was We do not have time to talk about up- that is very difficult, to say the least, listening to the latest discussion by grading costs when she took a trip to understand by Members of Congress the gentleman from Ohio and the gen- from Chicago to London along with who are charged with oversight of the tleman from Kansas. members of her staff, and the upgrades Department of Energy. Sitting here, it just struck me, if we alone cost $10,265 to the taxpayer. I will give you one other example of are really talking about saving money, What really is kind of bothering me this, because I think it is instructive, and I am not taking up with the Sec- about this is it is being charged not to because I think it is important that retary of Energy, Secretary O’Leary, just this budget but also to the future. our colleagues know that there is a the amounts, or urge the amounts that We are borrowing this money. We are real problem. It is a genuine problem, have been set out. I am not taking up going to go out and borrow this money. and it is a problem that we want the for her. But what was interesting for July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6815 me to hear that we are running up the cerning emigration laws and policies of adoption of the budget resolution. This com- big deficit by Secretary O’Leary charg- Romania. You will find that the report parison is needed to implement section 302(f) ing hotel rooms and airplane flights indicates continued Romanian compli- of the Budget Act, which creates a point of and everything else and just, well, an ance with U.S. and international stand- order against measures that would breach the section 602(a) discretionary action allo- hour ago, everybody had a chance to ards in the area of emigration policy. cation of new budget authority or entitle- save $18 million. I do not think Sec- WILLIAM J. CLINTON. ment authority for the committee that re- retary O’Leary has spent $18 million. THE WHITE HOUSE, July 11, 1995. ported the measure. It is also needed to im- Mr. MYERS of Indiana. She is not f plement section 311(b), which exempts com- home yet. mittees that comply with their allocations Mr. VOLKMER. She has not spent $18 b 2030 from the point of order under section 311(a). The section 602(a) allocations printed in the million. We could have saved $18 mil- SPECIAL ORDERS lion. They did not want to save that. conference report on H. Con. Res. 218 (H. Mr. MYERS of Indiana. Mr. Chair- The SPEAKER pro tempore (Mr. Rept. 103–490) were revised to reflect the changes in committee jurisdiction as speci- man, today’s business for the commit- BARR). Under the Speaker’s announced policy of May 12, 1995, and under a pre- fied in the Rules of the House of Representa- tee is finished at this point. tives adopted on January 4, 1995. Mr. Chairman, I move that the Com- vious order of the House, the following The third table compares the current lev- mittee do now rise. Members are recognized for 5 minutes els of discretionary appropriations for fiscal The motion was agreed to. each. year 1995 with the revised ‘‘section 602(b)’’ Accordingly, the Committee rose; f suballocations of discretionary budget au- and the Speaker pro tempore (Mr. thority and outlays among Appropriations subcommittees. This comparison is also BARR) having assumed the chair, Mr. COMMUNICATION FROM THE CHAIRMAN OF THE COMMITTEE needed to implement section 302(f) of the LAHOOD, Chairman pro tempore of the Budget Act, since the point of order under Committee of the Whole House on the ON THE BUDGET REGARDING CURRENT LEVELS OF SPENDING that section also applies to measures that State of the Union, reported that that would breach the applicable section 602(b) Committee, having had under consider- AND REVENUES FOR FISCAL suballocation. The revised section 602(b) ation the bill (H.R. 1905), making ap- YEARS 1995–1999 suballocations were filed by the Appropria- propriations for energy and water de- The SPEAKER pro tempore. Under a tions Committee on September 21, 1994. velopment for the fiscal year ending previous order of the House, the gen- The aggregate appropriate levels and allocations reflect the adjustments required by September 30, 1996, and for other pur- tleman from Ohio [Mr. KASICH] is rec- section 25 of H. Con. Res. 218 relating to ad- poses, had come to no resolution there- ognized for 5 minutes. ditional funding for the International Reve- on. Mr. KASICH. Mr. Speaker, on behalf of the nue Service compliance initiative. f Committee on the Budget and pursuant to Sincerely, sections 302 and 311 of the Congressional JOHN R. KASICH, REPORT ON RESOLUTION PROVID- Budget Act, I am submitting for printing in the Chairman. ING FOR CONSIDERATION OF CONGRESSIONAL RECORD and updated report H.R. 1977, DEPARTMENT OF THE on the current levels of on-budget spending REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE INTERIOR AND RELATED AGEN- and revenues for fiscal year 1995 and for the BUDGET STATUS OF THE FISCAL YEAR 1995 CONGRES- CIES APPROPRIATIONS ACT, 1996 5-year period fiscal year 1995 through fiscal SIONAL BUDGET ADOPTED IN H. CON. RES. 218—RE- FLECTING ACTION COMPLETED AS OF JUNE 30, 1995 Mr. SOLOMON, from the Committee year 1999. [On-budget amounts, in millions of dollars] on Rules, submitted a privileged report This report is to be used in applying the fis- (Rept. No. 104–182) on the resolution (H. cal year 1995 budget resolution (H. Con. Res. Fiscal year 218), for legislation having spending or reve- Res. 185) providing for consideration of 1995 1995-1999 the bill (H.R. 1977) making appropria- nue effects in fiscal years 1995 through 1999. tions for the Department of the Inte- HOUSE OF REPRESENTATIVES, Appropriate Level (as set by H. Con. Res. 218): rior and related agencies for the fiscal COMMITTEE ON THE BUDGET, Budget authority ...... 1,238,705 6,892,705 year ending September 30, 1996, and for Washington, DC, July 10, 1995. Outlays ...... 1,217,605 6,767,805 Revenues ...... 977,700 5,415,200 other purposes, which was referred to Hon. NEWT GINGRICH, Speaker, U.S. House of Representatives, Current Level: the House Calendar and ordered to be Budget authority ...... 1,233,103 (1) Washington, DC. Outlays ...... 1,216,173 (1) printed. DEAR MR. SPEAKER: To facilitate applica- Revenues ...... 978,218 5,383,557 Current Level over(+)/ under(¥) Appropriate f tion of sections 302 and 311 of the Congres- Level: sional Budget Act, I am transmitting a sta- Budget authority ...... ¥5,602 (1) REPORT TO CONGRESS CONCERN- tus report on the current levels of on-budget Outlays ...... ¥1,432 (1) ING EMIGRATION LAWS AND spending and revenues for fiscal year 1995 Revenues ...... 518 ¥31,643 POLICIES OF ROMANIA—MES- and for the 5-year period fiscal year 1995 1 Not applicable because annual appropriations Acts for Fiscal Years 1997 through 1999 will not be considered until future sessions of Congress. SAGE FROM THE PRESIDENT OF through fiscal year 1999. THE UNITED STATES (H. DOC. The term ‘‘current level’’ refers to the BUDGET AUTHORITY amounts of spending and revenues estimated NO. 104–93) Enactment of measures providing more for each fiscal year based on laws enacted or than $5.602 billion in new budget authority The SPEAKER pro tempore (Mr. awaiting the President’s signature as of June for FY 1995 (if not already included in the BARR) laid before the House the follow- 30, 1995. current level estimate) would cause FY 1995 ing message from the President of the The first table in the report compares the budget authority to exceed the appropriate United States; which was read and, to- current level of budget authority, outlays, level set by H. Con. Res. 218. and revenues with the aggregate levels set gether with the accompanying papers, by H. Con. Res. 218, the concurrent resolu- OUTLAYS without objection, referred to the Com- tion on the budget for fiscal year 1995. This Enactment of measures providing new mittee on Ways and Means and ordered comparison is needed to implement section budget or entitlement authority that would to be printed: 311(a) of the Budget Act, which creates a increase FY 1995 outlays by more than $1.432 point of order against measures that would billion (if not already included in the current To the Congress of the United States: breach the budget resolution’s aggregate lev- level estimate) would cause FY 1995 outlays On May 19, 1995, I determined and re- els. The table does not show budget author- to exceed the appropriate level set by H. Con. ported to the Congress that Romania is ity and outlays for years after fiscal year Res. 218. in full compliance with the freedom of 1995 because appropriations for those years REVENUES emigration criteria of sections 402 and have not yet been considered. Enactment of any measures producing any 409 of the Trade Act of 1974. This action The second table compares the current lev- net revenue loss of more than $518 million in allowed for the continuation of most- els of budget authority, outlays, and new en- FY 1995 (if not already included in the cur- favored-nation (MFN) status for Roma- titlement authority of each direct spending rent level estimate) would cause FY 1995 rev- committee with the ‘‘section 602(a)’’ alloca- enues to fall below the appropriate level set nia and certain other activities with- tions for discretionary action made under H. by H. Con. Res. 218. out the requirement of a waiver. Con. Res. 218 for fiscal year 1995 and for fis- Enactment of any measure producing any As required by law, I am submitting cal years 1995 through 1999. ‘‘Discretionary net revenue loss for the period FY 1995 an updated Report to Congress con- action’’ refers to legislation enacted after through FY 1999 (if not already included in H 6816 CONGRESSIONAL RECORD — HOUSE July 11, 1995 the current level estimate) would cause revenues for that period to fall further below the appropriate level set by H. Con. Res. 218. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(a) [Fiscal years, in millions of dollars]

1995 1995–99 NEA NEA BA Outlays BA Outlays

HOUSE COMMITTEE Agriculture: Allocation ...... 0 0 0 0 0 4,861 Current level ...... 499 ¥155 0 497 ¥152 0 Difference ...... 499 ¥155 0 497 ¥152 ¥4,861 National Security: Allocation ...... 0 0 0 0 0 0 Current level ...... 42 37 0 221 210 82 Difference ...... 42 37 0 221 210 82 Banking, Finance and Urban Affairs: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥25 ¥25 0 –75 –75 0 Difference ...... ¥25 ¥25 0 –75 –75 0 Economic and Educational Opportunities: Allocation ...... 0 0 309 0 0 5,943 Current level ...... 8 ¥13 297 104 81 1,674 Difference ...... 8 ¥13 ¥12 104 81 ¥4,269 Commerce: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 International Relations: Allocation ...... 0 0 0 0 0 0 Current level ...... 5 4 0 11 11 0 Difference ...... 5 4 0 11 11 0 Government Reform and Oversight: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 4 4 ¥3 Difference ...... 0 0 0 4 4 ¥3 House Oversight: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Resources: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥8 ¥8 4 0 ¥2 4 Difference ...... ¥8 ¥8 4 0 ¥2 4 Judiciary: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥58 ¥58 0 ¥6 ¥6 0 Difference ...... ¥58 ¥58 0 ¥6 ¥6 0 Transportation and Infrastructure: Allocation ...... 2,161 0 0 64,741 0 0 Current level ...... 2,161 0 0 4,375 0 0 Difference ...... 0 0 0 –60,366 0 0 Science: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... 0 0 340 0 0 5,743 Current level ...... 2 2 334 3 3 1,888 Difference ...... 2 2 ¥6 3 3 ¥3,855 Ways and Means: Allocation ...... 0 0 0 0 0 214 Current level ...... 44 ¥37 98 ¥3,674 ¥5,711 ¥3,655 Difference ...... 44 ¥37 98 ¥3,674 ¥5,711 ¥3,869 Total Authorized: Allocation ...... 2,161 0 649 64,741 0 16,761 Current level ...... 2,670 ¥253 733 1,460 ¥5,637 ¥10 Difference ...... 509 ¥253 84 ¥63,281 5,637 ¥16,771

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1995—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(b) [In millions of dollars]

Revised 602(b) Suballocations (September 21, Current level Difference 1994) General purpose Violent crime General purpose Violent crime General purpose Violent crime Budget Budget Budget Outlays Budget Outlays Budget Outlays Budget Outlays authority Outlays authority Outlays authority authority authority authority

Agriculture, Rural Development ...... 13,397 13,945 0 0 13,396 13,945 0 0 ¥1 0 0 0 Commerce, Justice, State ...... 24,031 24,247 2,345 667 23,821 24,205 2,345 667 ¥210 ¥42 0 0 Defense ...... 243,432 250,515 0 0 241,405 249,636 0 0 ¥2,027 ¥879 0 0 District of Columbia ...... 720 722 0 0 712 714 0 0 ¥8 ¥8 0 0 Energy & Water Development ...... 20,493 20,888 0 0 20,293 20,784 0 0 ¥200 ¥104 0 0 Foreign Operations ...... 13,785 13,735 0 0 13,492 13,717 0 0 ¥293 ¥18 0 0 Interior ...... 13,521 13,916 0 0 13,516 13,915 0 0 ¥6 ¥2 0 0 Labor, HHS & Education ...... 69,978 69,819 38 8 69,678 69,807 38 7 ¥300 ¥12 0 ¥1 Legislative Branch ...... 2,368 2,380 0 0 2,367 2,380 0 0 ¥1 0 0 0 Military Construction ...... 8,837 8,553 0 0 8,735 8,519 0 0 ¥102 ¥34 0 0 Transportation ...... 13,704 36,513 0 0 13,622 36,511 0 0 ¥82 ¥2 0 0 Treasury-Postal Service ...... 11,741 12,256 40 28 11,575 12,220 39 28 ¥166 ¥36 ¥1 0 VA-HUD-Independent Agencies ...... 70,418 72,781 0 0 70,052 72,780 0 0 ¥366 ¥1 0 0 Reserve ...... 2,311 6 0 0 0 0 0 0 ¥2,311 ¥6 0 0 Grand total ...... 508,736 540,276 2,423 703 502,664 539,133 2,422 702 ¥6,072 ¥1,143 ¥1 ¥1 July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6817 U.S. CONGRESS, cuss the value and the importance of of Maryland found that 85 percent of CONGRESSIONAL BUDGET OFFICE, the Peace Corps and how the corps is the public support maintaining or in- Washington, DC, July 10, 1995. affected by this year’s budget. creasing Peace Corps’s budget. Hon. JOHN KASICH, As with most other Federal pro- The Peace Corps consumes only $1.50 Chairman, Committee on the Budget, of every $10,000 spent by the Federal U.S. House of Representatives, Washington, DC. grams, the Peace Corps is facing cuts. DEAR MR. CHAIRMAN: Pursuant to section The current budget for the Peace Corps Government. These dollars are well and 308(b) and in aid of section 311 of the Con- is $231 million. Let me repeat that. The cost-effectively spent. In Kazakhstan, gressional Budget Act, as amended, this let- current budget for the Peace Corps is volunteers are teaching English to 3,000 ter and supporting detail provide an up-to- $231 million. That is a very little primary, secondary, and university date tabulation of the on-budget current lev- amount of money in light of what we students; in Armenia the first inde- els of new budget authority, estimated out- have been discussing here today in rel- pendent radio station in the country lays, and estimated revenues for fiscal year evance to the history that the Peace was established with help from the vol- 1995. These estimates are compared to the appropriate levels for those items contained Corps has played for this country. unteers; in Cameroon, volunteers in the 1995 Concurrent Resolution on the But today the House only appro- helped to develop a textbook for teach- Budget (H. Con. Res. 218), and are current priated $224 million, a cut of $7 million ing AIDS prevention. The result is through June 30, 1995. A summary of this from the current budget. This cut is there are 5,000 students learning how to tabulation follows: going to have a profound effect on the prevent AIDS. In Ghana, over 1 million [In millions of dollars] Peace Corps operations. It will cut at seedlings are planted each year to help least 500 volunteers who could be serv- volunteers helping in the prevention of Budget res- House cur- olution (H. Current ing, who would be sent overseas next erosion. level +/¥ rent level Con. Res. resolution year. There are approximately 6,500 Mr. Speaker, let me conclude by just 218) currently serving this country in coun- saying that the Peace Corps has had Budget authority ...... 1,233,103 1,238,705 ¥5,602 tries all over the world. Given the over 30 years of bipartisan support. It Outlays ...... 1,216,173 1,217,605 ¥1,432 Revenues: enormous contributions just a few of has earned this support because every- 1995 ...... 978,218 977,700 518 the volunteers can provide, this means one knows that the Peace Corps works. 1995–1999 ...... 5,383,557 5,415,200 ¥31,643 major loss of aid for thousands of Just ask the villager who learned how Since my last report, dated June 8, 1995, needy people. to irrigate his farm, or the hundreds of there has been no action to change the cur- I am a former Peace Corps volunteer, people who did not die from parasites rent level of budget authority, outlays or now serving in Congress. There are six because their doctors were taught how revenues. of us in this House, and we are very to prevent them, or the thousands of Sincerely, proud of that service. We remember the students around the world that now JUNE E. O’NEILL, vital programs that served the coun- speak English because of the Peace Director. tries that we were invited by those Corps teaching them English. countries to serve in, Programs will be We need to continue this valuable PARLIAMENTARIAN STATUS REPORT, 104TH CONGRESS, ended entirely in many countries, sev- and cost-effective program. Let us not 1ST SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL eral countries, in addition to the pro- let our budget cutting frenzy cut mere- FOR FISCAL YEAR 1995 AS OF CLOSE OF BUSINESS grams in Nigeria and the Cook Islands, ly for the sake of cutting. The Peace JUNE 30, 1995 which are already scheduled to be Corps is probably one of America’s [In millions of dollars] closed. proudest symbols of how we, living in Budget What my colleagues and I are here to this affluent country, can reach out authority Outlays Revenues discuss today is the valuable and effec- and help countries around the world. I ENACTED IN PREVIOUS SESSIONS tive Peace Corps experience, that expe- cannot think of a more cost-effective Revenues ...... 978,466 rience that is shown everywhere program in the Federal Government. I Permanents and other spending around the world, and how we will need would urge my colleagues to reconsider legislation ...... 750,343 706,271 ...... Appropriation legislation ...... 738,096 757,783 ...... to guarantee a stable budget for the the cuts that were made. Offsetting receipts ...... ¥250,027 ¥250,027 ...... Peace Corps in the future, not to go on f Total previously enacted .... 1,238,412 1,214,027 978,466 a roller coaster road that this Congress is starting on. COST EFFECTIVENESS OF THE ENACTED THIS SESSION Let me give you just a few examples PEACE CORPS 1995 Emergency Supplementals and Rescissions Act (P.L. 104– of what makes the Peace Corps so The SPEAKER pro tempore. Under a 6) ...... ¥3,386 ¥1,008 ...... unique and effective. Then I will yield previous order of the House, the gen- Self-Employed Health Insurance Act (P.L. 104–7) ...... ¥248 time to my colleagues who have also tleman from Connecticut [Mr. SHAYS] served in the Peace Corps. is recognized for 5 minutes. Total enacted this session ¥3,386 ¥1,008 ¥248 In Lesotho, wells and rain catchment Mr. SHAYS. Mr. Speaker, I just want ENTITLEMENTS AND MANDATORIES systems built by volunteers provide Budget resolution baseline esti- to be here tonight to say that the mates of appropriated entitle- drinking water for 32,000 people. In Peace Corps changed my life in an ex- ments and other mandatory pro- Benin, volunteers trained 400 people traordinary way, as it did my wife, but grams not yet enacted ...... ¥1,923 3,154 ...... from 1,700 villages in parasite eradi- I get my greatest satisfaction in think- Total Current Level 1 ...... 1,233,103 1,216,173 978,218 Total Budget Resolution ...... 1,238,705 1,217,605 977,700 cation, and worm cases in those areas ing about what volunteers have done Amount remaining: fell by some 64 percent. In Ghana, vol- through the course of the past 30 years Under Budget Resolution ...... 5,602 1,432 ...... Over Budget Resolution ...... 518 unteers created locally staffed vaccina- to change the lives of so many people tion clinics in 20 villages, which today around the world. 1 In accordance with the Budget Enforcement Act, the total does not include $3,905 million in budget authority and $7,442 million in outlays for serve nearly 50,000 people. Joining with my colleague to just ex- funding of emergencies that have been designed as such by the President Now, I would like to remind the view- press the tremendous satisfaction I and the Congress, and $841 million in budget authority and $917 million in outlays for emergencies that would be available only upon an official budget ers and my other colleagues who will have in knowing that Peace Corps vol- request from the President designating the entire amount requested as an be here in a minute, and particularly unteers are not those fancy consult- emergency requirement. Mr. SHAYS, who served in the Peace ants, high priced consultants going to f Corps in Fiji and has been a strong sup- countries, staying for a month or two porter of the Peace Corps, and Mr. and writing a report, the thing about a VALUE AND IMPORTANCE OF THE WARD, who served in Gambia as a Peace Corps volunteer is that they are PEACE CORPS Peace Corps volunteer. actually living in the communities. The SPEAKER pro tempore. Under a Cuts in the Peace Corps are going to They are riding the buses that the in- previous order of the House, the gen- hurt States with large populations, and digenous people ride, they are living in tleman from California [Mr. FARR] is I represent one of those, California, the same communities, in the huts recognized for 5 minutes. with 32 million people. Our State has that they live in, eating the food and Mr. FARR. Mr. Speaker, I rise today more volunteers serving than any speaking their language. with my colleagues who will be on the other State in the Union, 827 this year While I am not here to criticize the 4- floor a little bit later tonight to dis- alone. A recent study by the University percent reduction in cuts to the Peace H 6818 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Corps, given the other cuts that are up into his own personal living quar- live, has a tremendous benefit to help- taking place throughout our budget, I ters. And volunteers know the symbol- ing us understand their culture, but am here to just caution my colleagues ism and the significance of when we also having them appreciate Ameri- to make sure that we recognize that were visiting a neighbor, if they would cans. So it is not just the Peace Corps, the Peace Corps is one of the most actually bring us into the most per- but it was our American soldiers who cost-effective organizations that you sonal part of their own home, it was a were there before us. could possibly have. The real fact is great honor. That electrified the Third Mr. WARD. Mr. Speaker, reclaiming that you cannot ask for an organiza- World, that he had shown such respect my time for a moment, that was one of tion that has done more to help people to a great African leader by inviting the things that was most striking to in Third World countries than this or- him into his own personal quarters. me, as an American in Gambia, West ganization begun by President Kennedy Becoming sensitive to the concerns Africa, which was also a former British and continued by Presidents of both and the ways that people live in other colony. And when I would meet folks, parties. countries was just a definite part of meet Gambians and begin to talk to At this time I would like to yield to this whole Peace Corps experience. them, I would find there was in the the gentleman from California [Mr. Candidly, this has brought a tremen- country a certain negative feeling FARR] and just thank him for his will- dous ability for me to interact with about Europeans, as you might expect, ingness to speak out on this issue. people of all income levels and all dif- in a former colony. Mr. FARR. Mr. Speaker, I thank the ferent social economic circumstances, But I found that the minute I said I gentleman very much. all educational levels, and realize that was a Peace Corps volunteer, a Peace Mr. Speaker, we wanted to show to- behind that income level or that edu- Corps, the ‘‘s’’ was pronounced, al- night that there is a bipartisan support cation is an extraordinarily real person though I was pronouncing the ‘‘s’’ be- for the Peace Corps, that this is not an that I am about to interact with. fore I got in it, the minute I said that though I found that barriers fell, just issue that has ever been just a one f party effort. as the gentleman from Connecticut I would just caution my colleagues in IMPORTANCE OF THE PEACE says. I found that people became more the House that as the world grows CORPS open, more willing to listen. smaller and as we need to have more The SPEAKER pro tempore. Under a Then as the gentleman from Califor- effort to sort of hypereducate the world previous order of the House, the gen- nia said, when I began to speak Wolloff, which is the language of the Ollif peo- population, there is not a more cost ef- tleman from Kentucky [Mr. WARD] is ple, there may be 1.5 million people in fective way of doing that than allowing recognized for 5 minutes. young Americans and old alike, be- Mr. WARD. Mr. Speaker, I yield to Western Africa who speak Wolloff, cause there is no limit on serving in the gentleman from California. when I began to speak the language, the Peace Corps, to be able to volun- Mr. FARR. I thank the gentleman certainly not with the ability to dis- teer. They get paid, we got paid a small from Kentucky. cuss nuclear physics, but with an abil- amount when we were in the Peace Mr. Speaker, I was commenting that ity to go through a number of greet- Corps, a stipend. one of the unique feelings we all had ings and to ask after family and friends Mr. SHAYS. Reclaiming my time, it was that each of us had the ability to and, to get to the point, we discussed was not quite the minimum wage, but live in a minority in another land and about the total familiarity of saying it sure met our needs. learn another language and learn an- ‘‘Summa harit, sa harit,’’ ‘‘My house is I notice our colleague from Ken- other culture, and essentially be able your house.’’ tucky, and we have very little time to really understand what it is like to b 2045 left. I would love to yield time to my be outside of our own culture and our That was the phrase that really tend- colleague. own values, because I think in order to ed to bring people together and to bond Mr. WARD. Mr. Speaker, I appreciate educate people and bring them into us, as humans, as people who populate the gentleman yielding that time. I changing behavior patterns that may the Earth. I think that there is no bet- have a 5-minute opportunity coming have been in existence for hundreds of ter way for America to be represented. up, and we can continue this discus- years, behavior patterns that might That is why I was very discouraged sion, because I think it is important to not have been good health, sanitary when I heard proposals which have recognize and to emphasize that this is conditions, or nutritional habits, that since been dropped but proposals that a bipartisan effort. you really have to be a part of them in would have made the Peace Corps part Mr. Speaker, there are six former order to bring that about. That learn- of the State Department. I feel very Peace Corps volunteers who serve in ing that other culture, that other lan- strongly that the Peace Corps needs to the House of Representatives, and it is guage, and the language I learned in remain an independent entity so that evenly divided, three Democrats and Spanish, they say with every language there is no question of its allegiance, of three Republicans. I think that speaks comes a second soul. its goals, of its motives. to the fact that all sorts of folks have Mr. SHAYS. I notice that the gen- Mr. SHAYS. When I was in the Peace made the commitment, have been will- tleman from New York [Mr. SOLOMON] Corps, one experience you are talking ing to spend the time and go far afield is here, who has been so active in sup- about, we were visiting with a whole from where they grew up to give a lit- port of the veterans and what they number of villagers. We were landing tle back and to learn a lot, because one have done. In Fiji, Mr. SOLOMON, the on the moon. And I can remember the thing that I often tell people about my impact that Americans had during aura that my villagers had with the time in the Peace Corps is that I bene- World War II had such an incredible re- fact that Americans were on the moon fited far more than the people I was sult to the people of Fiji, because this and the pride that I had as an Amer- there helping. was a British colony and yet the Amer- ican. But to be able to sit with them in Mr. SHAYS. Mr. Speaker, I just icans went and just comfortably lived their environment and to talk about would say to my colleague, I think with the Fijians where they lived and what we were actually doing was quite about this experience, remembering went in the same buses they did. an experience for me. being in a Fijian hut and seeing a pic- In fact, there is a wonderful story of Mr. WARD. Of course, as I would re- ture of President Kennedy, and how an American soldier being driven by an mind the gentleman, I was in high much the Third World reached out to Indian in Fiji, because there are a lot school that year. Sorry. But that is the this President who was reaching out to of Indians around the world as we kind of reaction that you got. When I the Third World, and thinking about a know, and when he came to this Brit- was up country one time to go to a lit- great African leader who visited Presi- ish hotel, the Indian was not allowed tle tiny store, literally 200 miles in the dent Kennedy, and President Kennedy, in. And the American soldier said the interior of Africa and there is a picture who was sensitive to the culture of the hell with that, and just brought his In- of Mohammed Ali, another great Amer- African community, instead of inviting dian taxicab driver in to stay with him. ican who is probably the most famous him into the East Room or the Green But this kind of interaction, this one person in the world, along with Presi- Room or the Blue Room, invited him on one on the street, living as they dent Kennedy. And I said that he was July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6819 from my home town. And there were a have to take care of it. What does it problems of every society when government lot of questions, they wanted to discuss also mean? It means 32 percent of the seeks to establish a strong, self-serving bu- it. That is what we really get with the land cannot be owned by the private reaucratic organization. They were also warned that in order to pay Peace Corps. sector. Therefore, to pay for the up- for an ever-increasing bureaucratic organiza- Mr. SHAYS. Mr. Speaker, I thank the keep of that land and all the other gov- tion, they would pay more and more taxes. gentleman for yielding to me. ernmental services, we are only work- All people living in a democratic society f ing with 68 percent. But actually it is must be aware that the more government less than 68 percent when you take out provides, the more they take from producing GOVERNMENT 101 the state and the locally owned land. citizens and the more control they exercise The SPEAKER pro tempore (Mr. Two hundred seventy million acres is over the people. managed by the Bureau of Land Man- Whenever the State increases its control BARR). Under a previous order of the over the nation’s economy, enlarging its House, the gentleman from Georgia agement. This is the size, Mr. Speaker, staff of officials and workers, and exacts an [Mr. KINGSTON] is recognized for 5 min- of California, Oregon, Washington, and ever-growing portion of the nation’s wealth utes. Arizona. And about half of the 270 mil- through taxation, it becomes a monster Mr. KINGSTON. Mr. Speaker, a good lion acres is severely restricted for en- which no longer serves the people but en- friend of mine Dave Reed from Savan- vironmental reasons, and the public slaves them. nah, Georgia sent me an article which cannot even go on it. The great privileges of a free people must he entitled Democracy and Govern- You may remember the story last be safeguarded by every citizen’s commit- year of a Boy Scout troop that was ment to and participation in government ment 101. It was an article written by that maintains law and order, administers Cecil Hodges, also from Savannah, hiking in the wilderness area and one economic justice, prevents oppression of the Georgia who is a friend of mine and 12-year-old got lost on the trail. And weak, and resists the temptation to serve its pastor of Bible Baptist. the Boy Scout troop started looking own ends. He talks in the article about the size for him and could not find him. Finally All Americans should ask themselves, ‘‘Is of government and basically what hap- they called out all the correct authori- the government here for us or are we here for pens when government gets too big. I ties, and he was located by helicopter. the government?’’ Our government should be am going to read parts of this article, They found the 12-year-old boy by heli- of the people and for the people. Mr. Speaker: copter. They spotted him and then f they called, I believe it was the Park When government is strong, especially TRIBUTE TO SHARON PORTMAN when it is centralized, it poses a real threat Service, Mr. Speaker. They said: We to its citizens who are liable to many abuses. need permission to land because this is The SPEAKER pro tempore. Under a Every democracy faces the tendency of gov- a motorized vehicle, and this is a pubic previous order of the House, the gen- ernment demanding more and more taxes be- land that restricts motorized vehicles. tleman from New Jersey [Mr. PALLONE] cause some of its citizens are seeking ever- And sure enough the jar-headed bu- is recognized for 5 minutes. increasing benefits of the state. reaucrats said no, you cannot do it. Mr. PALLONE. Mr. Speaker, I rise I thought this was a very telling arti- How would you like to be that 12- today to pay tribute to a community cle. It goes on to say that a great por- year-old. How would you like to be the activist whose passing has left a void tion of the manpower in the country parents of that 12-year-old? They told in the lives of our many friends at the becomes employed in governmental the kid to wait where he was, that they New Jersey shore and in the lives of services. This becomes a problem be- would try to locate him on foot. Even- many other people who did not know cause when the government seeks to tually they figured out they could not her personally but who have been establish a strong bureaucracy, it has find him on foot. They did give permis- touched in one way or another by her to support itself. And of course, we sion for the helicopter to land. But good work. know in this congress that the way it what an absurd notion that we have. Sharon Portman of Ocean Township, supports itself is by requiring the citi- But that is what happens when the gov- New Jersey died last week at the age of zens through confiscatory policies to ernment owns too many things, when 54 after a two-year battle with cancer. pay more and more taxes. the government gets too big for prac- She was one of the most caring mem- Then it says: All people living in a tical and common sense. bers of our community in Monmouth democratic society must be aware that Mr. Speaker, I bring that up just to County. Sharon received much praise the more government provides, the further illustrate the story of what and honor for her many years of kind more they take from the producing Dave Reed called, Dr. Hodges’ article, and generous contributions to both the citizens, and the more they control and Government and Democracy 101. Jewish community and the community exercise over the people. And in fact Government gets too big, our own at large. the article goes on, Dr. Hodges points freedoms pay the price. Back in September of 1993, on the oc- out to us that eventually it enslaves Mr. Speaker, I include for the casion of the historic signing of the its people. RECORD the article to which I referred. peace accord between Israel yell and This is a problem that we are faced GOVERNMENT FOR THE PEOPLE the Palestinians on the White House with in our government today. This is (By Cecil Hodges) lawn, I brought Sharon as my guest. one of the things that I am so proud of, She had dedicated so much of her time When government is strong, especially the current freshman class, the 73 new when it is centralized, it poses a real threat and energy to working for a strong and Republican freshmen who have come in to its citizens, who are liable to many secure Israel. She believed passionately here to cut down on the size of govern- abuses. that one day Israel would achieve ment because they cannot do that Every democracy faces the tendency of peace with her Arab neighbors, and she without cutting down on the bureauc- government demanding more and more taxes recognized that the best way to accom- racy. because some of its citizens seek ever-in- plish this goal was to build a State of Just to give you an idea, most people creasing benefits from the State. Israel that remained true to the values always say, I hate to see the land all For three hundred years a nation was gov- of Jewish teaching and a democratic erned by Judges. They brought chaos to this going away. The size of the Federal nation. The people demanded a king. They political system process, while main- Government, Mr. Speaker, I know you were warned to be prepared for dangers in- taining the ability to resist military probably will be shocked to learn; the herent in government under sinful men. invasion and terrorism. Federal Government owns, listen to Three hazards to a strong centralized au- When the PLO leadership finally de- this number, 726,686,000 acres of land in thority were given. cided to give up its relentless hostility the United States of America. The Fed- They were warned that a king would con- against Israel and work for mutual rec- eral Government, not mentioning the script their sons for military service. He ognition and peace, the view that Shar- state and local government, owns 32 would appoint leaders and engage workers to on Portman had always supported and render civil service to him and his organiza- percent of the land in America. tion of bureaucrats. worked for was finally vindicated. Now, what does that mean? Of course Thus a great portion of the manpower of Sharon Portman was a lot of things it needs the taxes to support the serv- the country would be employed in govern- to a lot of people. She was a staunch ices required on that land, people who mental service. This has been one of the environmentalist and advocate for the H 6820 CONGRESSIONAL RECORD — HOUSE July 11, 1995 disadvantaged, a women’s rights advo- THE FIRST 6 MONTHS OF THE time. This bill is still pending in the cate, a friend of animals, and a busi- 104TH CONGRESS House of Representatives and still may nesswoman, as well as a wife and moth- The SPEAKER pro tempore. Under a pass during this term of Congress. It is er. I knew her best because of her love previous order of the House, the gen- my hope and my desire that we see our of politics. She exemplified for me that tleman from Wisconsin [Mr. NEUMANN] way clear to actually passing those motto that we often see on bumper is recognized for 5 minutes. cuts that get us to a balanced budget stickers that says, think globally, act Mr. NEUMANN. Mr. Speaker, I in five years instead of seven. locally. stayed late tonight to tell the Amer- The best news of all is that the peo- She commented incessantly on inter- ican people that we have come a long ple that are here right now in this Con- national and national issues, but she way in the first 6 months of this new gress realize that government cannot understood that the best way she could Congress. We came here realizing that keep doing for people what people influence public policy was by working this nation was $4.8 trillion in debt, ought to be doing for themselves. It is in New Jersey for candidates and $19,000 for every man, woman, and child with that note that I would conclude causes in which she believed. But Shar- in the United States of America. For a this evening. We have got a great start, on did not just work herself. She had family of five like mine, the nation folks. We have a long ways to go. I am an incredible ability to get others in- faces a $95,000 debt. In our district, the happy to tell you that the first 6 volved. income, the average income is about months have been successful, and I $32,000 a year and to do nothing but pay look forward to continued successes At her funeral service last Sunday, I the interest on that federal debt, the here in this Congress. was talking about politics with a group families in my district will be saddled f of people and one person said that he with the payment of over $6,000 a year, had little interest in running for office. $6,000 a year out of a $32,000 average DRUG INTERDICTION STRATEGY If Sharon were present, she would have household income going to do nothing The SPEAKER pro tempore. Under talked to that man and encouraged but pay the interest on the federal the Speaker’s announced policy of May him to participate for the future of his debt. 12, 1995, the gentleman from Maryland local community, for the state and for We came here, the 104th Congress, re- [Mr. EHRLICH] is recognized for 30 min- the country. She would know how to alizing that something had to be done utes as the designee of the majority get him involved. about it. And after 6 months, I am leader. Sharon was above all a friend to me happy to tell you that something has Mr. EHRLICH. Mr. Speaker, I yield and everyone else that she could help started. We have a long way to go but to the gentleman from New York [Mr. in difficult times. She suffered for two we have taken a lot of steps in the SOLOMON]. years from a brain tumor, and she re- right direction. NOVEMBER’S ELECTION fused to give up. She wanted to help First, we have passed a seven-year Mr. SOLOMON. Mr. Speaker, I am others who were afflicted by the same balanced budget plan that at least is here tonight basically to commend disorder. going to stop the continued growth of something that has happened in this Last summer my father-in-law was this debt that seems to be endless when House, and that was the election that diagnosed with brain cancer, and every we start looking at it and how big the took place back in November, because time I spoke to Sharon she asked me numbers are. Although we have passed you know it brought 73 new Republican about him and wanted to help. She sug- that, we have done some other things faces to this Congress that have lit- gested literature, hospitals, methods of that I think are equally significant. We erally changed this Congress. treatment, and just general informa- have talked about budgets that go even I can recall last year, the year before, tion on how our family could deal with further than the seven-year plan. the year before that, when very few of the problem and all this while she suf- Out of my office we introduced a plan us even talked about a balanced budg- fered so much herself. that would have balanced the budget in et. The real problem facing this Nation five years, and for the first time out being the national deficit that is lit- Sharon Portman will be remembered here in Washington we started talking erally turning this country into a sea by me and others for a long time be- about paying off the debt. Our plan in- of red ink and is threatening our chil- cause she served as such a wonderful cluded a repayment plan so that in a dren and our grandchildren. example of what helping others is all 30-year period of time we could have re- b about. paid the entire federal debt. 2100 f It did a third thing as we produced Mr. Speaker, when I look at what has this plan on the floor of the House happened now, when we brought the The SPEAKER pro tempore. Under a about 3 months ago, our first 6 months budgets to the floor of this Congress, previous order of the House, the gen- in office. For the first time we did not all the alternatives this year were with tleman from New York [Mr. TOWNS] is use the Social Security surplus as part a balanced budget. Even the liberals recognized for 5 minutes. of the computations to balance the were forced to come on this floor and [Mr. TOWNS addressed the House. budget. That is a significant step for- offer a balanced budget. Theirs deci- His remarks will appear hereafter in ward for this country. mated the defense budget, it ruined our the Extensions of Remarks.] Our plan would have balanced the foreign policy. Nevertheless, every vote budget in five years, paid off the debt that was taken was on a balanced f in 30 years, and not used the Social Se- budget. Now we even have the Presi- The SPEAKER pro tempore. Under a curity trust fund to do it. It is impor- dent of the United States talking about previous order of the House, the gen- tant the American people understand doing it sometime into the next cen- tleman from New York [Mr. OWENS] is that the Social Security system every tury, which is not satisfactory. recognized for 5 minutes. year collects more money in taxes than Mr. Speaker, what we were debating what it pays back out to our senior was this. Here is a 1,700-page document [Mr. OWENS addressed the House. citizens in benefits and those extra that is a legislative encyclopedia con- His remarks will appear hereafter in monies that are selected should be set taining more than 500 specific spending the Extensions of Remarks.] aside and our budget plan would have reform proposals, as the gentleman f done just that. from Wisconsin, MARK NEUMANN, has In addition to the budget plans that spoken to earlier. It contains more The SPEAKER pro tempore. Under a were debated here, we also had intro- than $900 billion in budget savings over previous order of the House, the gentle- duced by my good friend from New 5 years, itemized program by program woman from Ohio [Ms. KAPTUR] is rec- York a plan that actually would have in a format that is so easily trans- ognized for 5 minutes. balanced the budget in five years. The formed into other individual bills or [Ms. KAPTUR addressed the House. specific cuts were laid out item for amendments. Her remarks will appear hereafter in item that would have gotten us to a The bill is not intended to be used in the Extensions of Remarks.] balanced budget in a five-year period of total but as a resource document that July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6821 any Member of this Congress can use. us are. We want to see that we balance fact, there is $293 million that has gone Whether it is page 47 or page 1,600, the the budget. to eight large corporations. work has been done for each of the 435 As the gentleman from Wisconsin, In spending this money for them we Members of Congress that want to live Mr. NEUMANN, has pointed out, we have have in effect given them corporate up to their rhetoric, and that is to made great strides to get the budget welfare. We have required that welfare bring about a balanced budget and stop balanced and restore faith in our econ- reform comes to those who are truly in this irresponsible spending by this Con- omy. However, it is also important need, and they are going to have to gress. that we do other things like preserve work for their benefits and do a lot of Mr. Speaker, I will not go on any fur- Medicare. In order to achieve those things through block grants. Now it is ther, but the bill, of course, does some- goals we are going to have to look with time I think that we look at corporate thing that needs to be done. I recall a close eye to the details of what has welfare. back in 1985 when we had something been going on inside Congress. I just have eight big beneficiaries called a Gramm-Rudman bill that was I have headed up, with a group of here that I have uncovered that have supposed to balance the budget in 5 others and over 50 cosponsors, a bill been receiving corporate welfare. years. Of course, the bill was well-in- that will eliminate the Department of Some, I think, are notable because tentioned, but the truth of the matter Energy as a Cabinet-level position. We they are spending less and less money is that after a couple of elections, and are not doing this just to put some on research and development and yet the changing faces of the Congress, type of a goal to achieve, we are doing they are spending government money Congress decided they could not live up this because we are concerned about whenever possible. to the Gramm-Rudman piece of legisla- the future. When I got home before One is Citicorp. They are a $250 bil- tion, and consequently, we abandoned July 4 for the in-district work period, I lion corporation according to 94 reve- it entirely, and so did we abandon any landed about 9:30 at Wichita, Kansas. I nues. Their profits were $3.4 billion. kind of fiscal responsibility. got out of the airplane, walked out of Yet, they required $10 million from the Mr. Speaker, I would offer this again Midcontinental International Airport, government to help them with re- to every single Member of the Con- my necktie blew over my shoulder, I search. gress, and hope that as we debate these knew I was in Kansas. At home I saw They are taking scientists off of their appropriation bills one by one over the out in the wheat fields farmers that payroll and funding them with our tax next 5 weeks, that Members will take were combining at 10:30 at night, try- dollars, even when they have $3.4 bil- advantage of what has been done here ing to get a few more bushels before lion in revenues. Another company in this legislation, use it, and let us the next rainstorm came through. that I would like to talk about was IBM, $64.1 billion in revenues, and $3.0 bring about some fiscal sanity to this I thought about how hard they are billion in profits in 1994. Yet over the Congress. working for their dollars, and that over last 4 years, we have spent $58 million Again, Mr. Speaker, I want to com- half of their money goes to the govern- helping them with research. I think it mend the freshman Republican class ment, by the time you add up State is time we get a handle on this. All this for what they have done. We are really and local and Federal taxes, and taxes by the way goes through the Depart- going to do it this time, and it is so ex- upon taxes, about half their income. I ment of Energy. That is how I uncov- citing. The American people really thought about the factory workers who ered it. ought to be excited about it. I com- work at Boeing, where I used to work, What we have been trying to do is mend all of the Members for their great that works a little overtime so their create jobs and encourage the private work. kids can have something extra. sector. They say ‘‘We have some suc- Mr. EHRLICH. Mr. Speaker, on be- I saw my brother-in-law who had cess stories.’’ They do not really name half of the freshman class, the chair- been working some overtime, he works the factories or the individuals that man of the Committee on Rules is an at Boeing. he showed me his overtime have been successful. They usually talk honorary Member of the freshman check. Over half the money was going about their CRDAs, cooperative re- class. His enthusiasm, his leadership, over to taxes for the Federal Govern- search and development agreements, has pulled a lot of us through, not just ment, and how he is struggling to pro- with companies. They have about 1,400 during the campaign, but certainly vide a little extra for his kids, and of those. How many jobs have they ac- during the first 6 months of our term most of it is going to the government tually created? here in the 104th Congress. We love him because we have so much we are spend- Here is one they think is a success and we look to him for leadership and ing. story. A guy up in Fairbanks, Alaska we thank him. I think about the single mother who has come up with a self-composting Mr. Speaker, I yield to the gentleman is working a second shift trying to pro- toilet. We gave him $90,000, and we from Kansas. vide a future for her children. That is thought it was a great idea. We gave Mr. TIAHRT. Mr. Speaker, I thank what balancing the budget is about. It him that money in 1990. Since then he the gentleman from Maryland for is about that single mother who is has sold 12, for $10,000 each. They de- yielding to me. Mr. Speaker, I came to working so hard, trying to preserve a clared that a success story. Washington because I was concerned future, just like I am for my children. We have another gentleman that about the future for my children. I She is trying to preserve a future for used to work for the Los Alamos lab, have three children: Jessica, who is 14; hers. but he had a good idea, so he went John, who is 10; and Lucas, 7. They are We are all off on the task of trying to home and he wanted to create this soft- very important to me. I wanted to pre- balance the budget, and in doing that ware package that he could use as kind serve for them the same opportunity I we are going to have to eliminate agen- of electronic mail. He was going to sell had while growing up in this free soci- cies, to quote Fred Smith from the it to a Japanese company. ety. I wanted to preserve a future for Competitive Enterprise Institute. He Then he found out that his biggest them. However, when I look at the said, ‘‘If we cannot eliminate the De- competitor was the United States Gov- budget and our mounting Federal debt, partment of Energy as a Cabinet-level ernment. The very people that he and the obligations we have for the position, we have no hope of worked with in Los Alamos wanted to trust fund, like the Social Security downsizing government.’’ If we have no give away this software program to the trust fund, I get very concerned. hope of downsizing government, we same Japanese company that he was There are some schools of thought have no hope to balance the budget and trying to sell it to. It is going to cost that think that this country may in preserve the future for our kids. him $600,000 because we are giving fact be bankrupt, that our obligations Mr. Speaker, in looking at the details away this money. actually exceed our assets, including of the Department of Energy, I found We have a lot of problems in the De- all the ground that we have accumu- out that we have been spending billions partment of Energy, and I think it is lated and highways and buildings. Mr. of dollars trying to create jobs, but ac- time we start uncovering these. If we Speaker, I was very concerned about tually we have failed at it. The govern- look at the way it has been run, as the future, and I think many others of ment has not done a very good job. In many parts of government, it cannot H 6822 CONGRESSIONAL RECORD — HOUSE July 11, 1995 withstand the scrutiny of the public committee that has made this such an we all recall Nancy Reagan just off- eye. It is time for us to look. It is time important priority. We are dealing hand, at some stop on her tour, on her for us to work to balance the budget, with Waco, a bunch of other things, but anti-drug tour, talked about ‘‘Just say to get rid of the waste, and preserve the most important thing we can pos- no, it is wrong.’’ It was funny, in a very the future for our children. sibly deal with is the drug war for cynical sense, because she became the Mr. EHRLICH. Mr. Speaker, I con- America. target of some people in this country gratulate all my colleagues for the If we combine drugs and crime into who like to make fun of ‘‘Just say no.’’ wonderful job they have done in bring- one statistic, it has to be the most Mr. ZELIFF. Right, but she also being the true message about the budget overriding issue of national importance came a role model for those people. and the fiscal problems we have in this to our national security. It is our hope Mr. EHRLICH. Absolutely, abso- country today to the American people. within our committee that we are able lutely, because there are some people Mr. Speaker, I rise today to engage to put this on the front burner again in this country who had just given up. my colleague, the gentleman from New and start getting everybody to take a Nancy Reagan never said the entire Hampshire [Mr. ZELIFF], the honorable leadership role. I think it is absolutely strategy consists of ‘‘Just say no.’’ She chair of the Subcommittee on National vital to the future of our country and never did. But for some, really on the Security of the Committee on Govern- to our kids. cynical side of politics, she became a ment Reform and Oversight, in a col- You just reminded me of my trip to target of abuse. How unfortunate that loquy. Framingham, MA, to a women’s prison, a part of our total strategy must be Mr. Chairman, I know we have a lot the first time I have ever been inside a ‘‘Just say no,’’ because there is a moral of things to talk about tonight. I know prison. That is pretty scary when you context to this whole argument. That we have a lot of numbers, we have hear the closing of those doors. is what we are trying to bring back as graphs to show the American public, We visited, Dr. Lee Brown, the Presi- well. but before we get into that I would like dent’s drug czar, and myself, visited Mr. ZELIFF. Mr. Speaker, I would to thank you as your vice chairman on with some of those ladies in there, in ask the gentleman, if I can, do we not our subcommittee for the leadership their probably late thirties that were need to have the leadership of just say- you have shown with respect to what is in for 7 or 8 or 9 times. They were in in- ing no, role models, along with treat- in my mind the most important issue volving drug abuse. That is basically ment programs, along with interdic- confronting this country today, the where they started going wrong, finally tion programs? Do we not need to com- drug epidemic that drives so many of they have hit the bottom and are try- bine all of these pieces together to our social problems in our country. ing desperately to put their lives back have an effective package that will Mr. Speaker, I know the gentleman together. confront drug use in America? brought some graphs and he has some It is a tragic set of events, and what Mr. EHRLICH. It is demand, it is treatment, it is source country, and it opening remarks. What the gentleman is happening right now, drug use is up is interdiction zone, the transit zone. I does not know and what I had actually in all age categories and drastically up. know we are going to talk about that, not planned on was a group of kids As these charts will show, you can just those four elements more in the future. came to my office today from the Hick- see, 17- to 18-year-olds, 15- to 16-year- We have talked about this a great deal. ey school in Baltimore County, Mary- olds, 13- to 14-years-olds, each cat- As I have said earlier, I really com- land, troubled kids. These kids had egory, and particularly I just broke it mend your leadership on this, because made a wrong decision at some point in up into various administrations, there is no more important issue facing their life but now they are turning Reagan, Bush, and Clinton. parents in this country today. their lives around. They came to tell We can just see the difference here Like you, when I go to schools, par- me about the fact they had chosen the where when we stop talking about lead- ticularly junior high schools and senior right way. This was what in past days ership in drugs, we stop as a country high schools, I search for something, would have been referred to as a reform talking about this in our living rooms, anything, I can say to leave a message, school, but we have privatized it and in the rotary clubs, in the chambers of to maybe just impact one kid. We have the vendor there is doing a good job. commerce, and every day talking about taken a trip recently down South, Just out of curiosity, I asked every just say no, like Nancy Reagan talked down to Florida, and talked to DEA, kid, there must have been a dozen kids about in her leadership, when we stop talked to Customs, talked to the Coast in my office, ‘‘How many of you abused doing it, we stop doing interdiction. Guard, talked to Navy. drugs?’’ Every one raised their hands. I You just see as we stopped on the chart Mr. ZELIFF. People in the front asked them ‘‘How many thought that of interdiction, we stopped putting re- lines. drug abuse had led you down the wrong sources into interdiction, drug use Mr. EHRLICH. Right on the front path?’’ which ended them up at the starts to go up. It coincided with our lines, people truly putting themselves Hickey school, and every one raised national policies. in harm’s way for our country. their hands. What a timely incident in We are desperately trying very hard b my office today to be the predicate to to get the President to join us in this 2115 our colloquy here tonight. war. I hope he will. We talked to BOB One thing that I feel very positive I really want to thank you for talk- DOLE in the Senate and NEWT GINGRICH about as a result of our trip and some- ing about this issue. We talked about in the House. What we are hoping to do thing that I intend to talk about a lot, so many different issues on this floor is through the efforts of our commit- on many occasions during my visits to in the course of our campaigns, the tee, get a nonpartisan across-the-board schools, is the relationship between first 6 months of the 104th Congress: support group going where we take young American men and women being drug abuse, prison construction, wel- leadership roles. put in harm’s way, many miles from fare reform, the budget deficit. How- We individually go across the States, home, and the demand for illegal sub- ever, in some way or another, every across the country, and we go to our stances in this country. major issue in this country today, TV stations, our radio stations, give I really trotted this out recently at a every major issue, is in some very di- public service announcements. Let us high school in my district. I talked to rect way related to the drug epidemic start bringing this issue out front. It is the kids. Their eyes became wider that has hit this country, particularly very, very serious. I know the gen- when I said, you know, there’s a rela- in the last 15 years. I know you have tleman has some thoughts that he tionship between a demand for cocaine some charts you want to share with us would like to add to that. at this school in Baltimore County, MD tonight. Mr. Speaker, I yield to the Mr. EHRLICH. Mr. Speaker, harking and deaths of American DEA agents in gentleman from New Hampshire. back to our visit from the former First South America. There was a disconnect Mr. ZELIFF. Mr. Speaker, I thank Lady, Nancy Reagan, and her testi- there. They never really thought about the gentleman for yielding. mony before our committee, was it not that relationship. But in our unending Mr. Speaker, I thank the gentleman interesting when she said she never campaign to strike a responsive chord for his leadership as a vice chair, and thought ‘‘Just say no’’ would take off with the youth of this country in try- particularly his leadership within the the way it did. I know you recall and ing to get this message across, I think July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6823 we have to be innovative. One way cer- by land, in cargo trucks, in cars over through Mexico, and that the Clinton tainly is to draw that direct parallel, the Mexican border, an issue we have administration’s drug strategy in the that direct line, between the demand talked about a great deal. Over half of source countries has serious account- for drugs in this country, which some all cocaine, 20 percent of all heroin, ability problems. people just laugh off, saying we cannot and 60 to 80 percent of foreign-grown What we need to do together in a win the war, and the fact that we put marijuana available in the United nonpartisan way, we need to declare DEA agents, FBI agents, CIA agents States pass through or originates in war on this effort. We need to pool re- and Coast Guard personnel and Navy Mexico. The demand in this country is sources that are needed. Yes, we do personnel and all these fine young men so great. have budget problems, but we need to and women that we met in the course We have talked a lot about putting place priorities. We need to beef up the of our trip in harm’s way. Making that more resources into the transit zone. interdiction effort. We need to declare connection in the minds of young peo- The Clinton administration, as you this a No. 1 issue. We need to go after ple I think is certainly one very posi- know, has taken resources away from it in a serious way and win that war. tive way we can get the message transit, put it into source country. The Mr. EHRLICH. Very well put. The across. source country is part of the strategy, numbers are indeed compelling. There Mr. ZELIFF. Another interesting but the fact is the demand in this coun- is one last point I would like to make. thing, we visited on Saturday after- try drives this problem. You have cited the numbers. Our strat- noon down there the folks that served Mr. ZELIFF. Let me just add a cou- egy obviously needs to change. But on board the USS Mellon, the Coast ple of things to your very important people always come up to me, particu- Guard cutter that had a successful comments. larly parents, and say, ‘‘What can I pickup on the high seas of some 5,000 Our third and fourth drug hearings do?’’ We have talked about this a great pounds of marijuana. Each bale is which were held on June 27 and June 28 deal in our private conversations. $88,000. Just picture how that can influ- had testimony from the head of the There is one thing that every single ence people, how that can influence DEA, head of U.S. Customs, head of the man and woman in this country can do, basic infrastructure in terms of the Coast Guard, President Clinton’s inter- particularly those who enjoy leader- money value, how that can destroy diction coordinator and GAO investiga- ship positions, not just Members of economies, how that can destroy coun- tors who revealed they have just com- Congress, not just the President, not tries, how that can destroy people. pleted, and this is GAO, a major study just Members of State legislatures, but What it is doing to us is just a quiet of the Clinton administration’s drug Cub Scout troop leaders, Lions Club cancer day by day. The amount of strategy in source countries. presidents, little league coaches. If drugs that are coming up through Here is what we learned: anyone in this country is in a position Puerto Rico, because once it gets into The head of the DEA, Administrator of authority, I believe it is incumbent Puerto Rico, it is just like a State, it Constantine, admitted that our explod- upon that person to renew our commit- goes straight into the United States. ing drug use in this country which was ment to a coherent drug strategy in The amount of drugs coming out of Co- falling until 3 years ago and the inter- this country. lombia and going right into Mexico, national drug cartels should be seen as That means when you have a stage, being dropped off in the middle of Mex- the No. 1 national security threat. He whether you are addressing your Lions ico and then just transported across ranked it above ballistic missiles for Club, your little league team, your the border into the United States. Yes, the impact on our Nation. Yet he ad- neighbors, it does not matter the demand is important. mitted that it is not given that rank- forum, venue is irrelevant. When you Here is yesterday’s Washington Post: ing by his own administration’s Na- have the opportunity to talk, particu- U.S. Falling Far Short in Drug War, tional Security Council. He spoke from larly to kids, we need to get the mes- Global Criminal Groups Expand Pro- the heart and called this threat a time sage across. It is incumbent upon every duction, Markets. bomb. adult in this country to help our kids The United States and other developed What he is saying is that if you put make the right decision. Because we all countries are falling further behind in the crime and drugs together, the National know, it only takes one night, one sin- war on drugs as criminal organizations in Security Council should look at this gle occasion, to make the wrong deci- Latin America and Asia have increased pro- threat as being the No. 1 issue facing sion and you can be dead. duction and become more sophisticated in our country. Mr. ZELIFF. Right. distributing cocaine and heroin, according to The President’s interdiction coordi- Mr. EHRLICH. We have wonderful recent U.S. intelligence reports. nator, Admiral Kramek, admitted that parents in this country and most par- We have got to wake up. If we don’t his office which is supposed to coordi- ents do a wonderful job. We have peer we are going to be in serious trouble. nate the Nation’s whole drug interdic- pressure in this country on the other Mr. EHRLICH. I have some more re- tion effort has just 6 people and that side. But the fact is parents and coach- cent statistics to back up, in fact, that the whole interdiction effort has been es and politicians cannot go with kids story. If our purpose is to awaken the cut for 3 straight years. We got admis- when they go out on Friday night and American public, hopefully colloquies sions from DEA, the President’s inter- they are with their friends. That is like this will assist us in that goal. A diction coordinator and the head of really the troublesome time. That is 1994 University of Michigan study U.S. Customs that Clinton’s drug strat- the time that these kids need to make showed that 33 percent of all 8th grad- egy is not fulfilling expectations. the right decision. One bad decision out ers, 40 percent of all 10th graders, and I just hope and pray that we can all of a million could end them up on the 50 percent of all 12th graders, high get this thing together and start put- wrong side of the street. school seniors, have used some type of ting this on the front burner. Mr. ZELIFF. I just want to add, illicit drug. Most important of all was the GAO again to all of the things you have just Marijuana. Among eighth graders, bombshell dropped in the hearing. This said very ably, I was with Dan Golden twice as many have experimented with is available to anybody that would like on Monday with astronaut David Lowe, marijuana in 1993 as compared to 1991. to have a copy. After investigating the and I also had Rick Seerfoss, the astro- Daily use by high school seniors in this drug strategy in source countries, in- naut on a previous mission that was up country is up by 50 percent. The drug cluding extensive interviews in Colom- in New Hampshire, we went and in 21⁄2 abuse warning network showed an 8 bia and Mexico, they released a study days visited with 7500 kids. You talk percent increase in drug-related emer- that shows that the Clinton antidrug about a 38-year-old colonel with 3 kids, gency room visits in 1991 due to strategy in the source countries is very an Eagle Scout, a role model that can overdoses, suicide attempts, and drug- badly managed, poorly coordinated talk about math and science and doing related diseases. among agencies, and holds a low prior- your homework and reaching out and The numbers go on and on. I have ity in key embassies including the doing the things that we should be many, many numbers here. Approxi- United States embassy in Mexico, even doing in an exciting way and how ex- mately 70 percent of the illegal drugs though 70 percent of the cocaine com- citing life is in general and talking coming into our country today enter ing into the United States comes in about his travels in space and some of H 6824 CONGRESSIONAL RECORD — HOUSE July 11, 1995 the products that we have been able as IN MEMORIAM SISTER JUDITH CLEARY Mr. GUTKNECHT. Representative a by-product of the space program, the Mr. Speaker, before beginning or col- FOX, I want to thank you for reserving space station, and all of this. loquy tonight with the gentlewoman this time tonight to speak to other I asked Dan Golden on Monday morn- from Washington [Mrs. SMITH] and the Members who are watching in their of- ing if he would be willing to have the gentleman from Minnesota [Mr. fices, and Americans who may be astronauts join us in our effort in GUTKNECHT], I did want to discuss just watching, to talk a little bit about terms of role models so that we can for a moment if I could a special part what has happened in the last six start talking about this in space as the of the order tonight dealing with some- months. It really has been an exciting next mission goes up. I hope that will one who was close to me and I think and historic time to be here in Wash- be successful. We have just got to be close to many people in my area, the ington. able to reach out. We ought to think Delaware Valley. This week just sud- And I think it is important. As I flew about doing drug testing for Members denly a tragic death, Sister Judith home for the 4th of July recess, I said of Congress in terms of a volunteer ef- Cleary of the St. Joseph Order in Phila- to myself, how lucky we are to be a fort, and then staffs, and then poten- delphia who suddenly died. part of this important point in history. tially maybe every person that gets a She was someone who was 50 years And more importantly, how much has Government paycheck, because what is old, did many accomplishments in her really been accomplished, if you look the big deal if we really want to do lifetime, many more than those who back in just six short months. this, we have got to declare war on it may live twice her age. She was a great In fact, I remember when some of our and we have got to be prepared to win humanitarian, a great teacher, dean of critics and cynics were saying in Octo- the war. We have got to just say that, students at Bishop Conwell Egan, a ber, ‘‘Well, the Republicans have this hey, we have a choice. We can lose ev- great friend to all. Contract With America, but they will erything we have got in terms of the What was great about Sister Judith never be able to pass it.’’ And then as next generation, we can lose our coun- Cleary and I think that her life is in- we went through the contract on the try, we can lose, for example, in Puerto structive to all of us who are looking first day, as you will remember, as Rico, in those source countries, in Mex- for role models and heroes and hero- Representative SMITH will remember, ico, but the bottom line is we have got ines, Sister Judith Cleary would take our very first official act in this con- to start speaking out so that we curb those students, making sure no one gress was to pass the Shays Act, H.R. 1, demand. was left behind and no one left out, she which was to make certain that Con- Mr. EHRLICH. Roles models become would look to each person to find that gress had to play by the same laws and role models because they set an exam- which was special about them and to the same rules as everybody else. So ple. I look forward to working with you inspire them to greatness. I think that that process began. and the members of our subcommittee is really what made her life and her ac- We also cut the size of Congress it- in a bipartisan manner to reenergize complishments a special milestone in self. We eliminated three full commit- the leadership in this society. As I said, the St. Joseph Convent and the Bishop tees. We eliminated 25 subcommittees. not just the political leadership, the Conwell Egan School and, for that mat- We cut our committee staff by a third. leadership in all respects as we again ter, in the life of those who are in We banned proxy voting, which had be- reemphasize the message that just say- Philadelphia and the Delaware Valley. come so customary, where Members ing no is the right thing. It is the right She was really the spirit of the St. would not even show up for committee thing for your future. Joseph Convent where she made sure meetings anymore. Now we have to ac- Mr. ZELIFF. I publicly invite, on be- that everything got organized and done tually show up to cast our vote. half of the committee, President Clin- in a real humanitarian way. The world Those meetings are open to the pub- ton, NEWT GINGRICH, and BOB DOLE to will not be the same without her but it lic so people can see what actually hap- join us at the very top as we will sup- is richer for her contributions. While pens. And we also required a three- port their efforts at the very top across God will need another angel in heaven fifths vote to pass any kind of a tax in- this country as we fan out to every sin- to help in His works, we will continue crease. That all happened on the very gle State in this country, and hopefully remembering Sister Judith Cleary by first day. Then we went through the we can get it back on the front burner. making sure that what we do in our Contract. The Fiscal Responsibility Mr. EHRLICH. There is no more im- life for many of us whose lives she Act, Take Back Our Streets Act, Per- portant thing that we are going to ac- touched, to try to live life a little bit sonal Responsibility Act, the Family complish in the 104th Congress than to closer to others who need us, to do Reenforcement Act, the American reenergize the people with respect to those things that have to be done that Dream Restoration Act, right on down this issue. I thank the gentleman again could be forgotten but are often re- through the list. for his leadership. membered because we took the time to We passed all of those bills with one f do them. exception, and that was term limits, I hope that this one great American and the Speaker has promised that THE REVOLUTIONARY 104TH is someone that others who hear about that will be H.R. 1 in the next Con- CONGRESS her and who have seen her will try to gress. And I would not hesitate to men- The SPEAKER pro tempore (Mr. carry on her great work. We will al- tion that we got 85 percent of our Mem- BARR). Under the Speaker’s announced ways miss her. We love her. bers on this side of the aisle to vote for policy of May 12, 1995, the gentleman At this time, I would ask the gen- it, while approximately 85 percent of from Pennsylvania [Mr. FOX] is recog- tleman from Minnesota [Mr. the people on the other side voted nized for 30 minutes as the designee of GUTKNECHT] and the gentlewoman from against it. But even with that, the the majority leader. Washington [Mrs. SMITH] to join us in American people I think ultimately Mr. FOX of Pennsylvania. Mr. Speak- this special continued presentation will prevail. er, I appreciate the opportunity to dealing with the 104th Congress march We have made tremendous progress have some of my colleagues join me to- to revolution for change, a revolution in beginning. As Representative NEU- night. to be more accountable, a revolution to MANN said so well, when we came here I first wanted to thank Chairman spend less of the public’s money and re- the budget was a serious concern to all ZELIFF and Vice Chairman EHRLICH for turn more to the American people. of us, the legacy that we are going to the outstanding job that they have leave for our kids. And now as the ap- b conducted, not only tonight the col- 2130 propriations bills come to the floor, we loquy but for the ongoing work they In that regard I would ask Congress- are seeing bill after bill that is actu- have done in the war against drugs. We man GUTKNECHT to give us an update ally meeting the mark and we are mov- look forward to working with them on where he thinks we are in the first 6 ing on that path toward a balanced legislative matters that are coming up, months of this revolution as a new en- budget. I think things are happening. not only their hearings but the other tering freshman; how he thinks we Let me just mention one other thing. work that follows. We congratulate have done to date and where he sees us I serve on the Washington, DC, sub- them for their efforts. going from this point. committee and when I volunteered to July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6825 serve on that subcommittee, I did not And starting to sell a building. How ex- public in the institution so that more realize how serious the problems were citing. We are going to cut back the people will want to run? We will have here in Washington, DC. The more I staff, and there is not going to be an of- the term limits, so we will have the in- learned, the more I wished I had volun- fice if they try to expand it again. fusion of new ideas and we will be more teered for a different subcommittee.x This is a new place and it is abso- accountable back home about spending But even there, I think there is rea- lutely exciting. One thing that we have less? son for hope and there is progress being done that I like a lot, too, is that we Mrs. SMITH of Washington. Yes. made. We have appointed a special are actually going after the size of the Mr. FOX of Pennsylvania. Do you see oversight board to watch over the Dis- budget in tangible ways. We have had that already happening in your district, and largely, I have to give a tre- amendment after amendment, on top of trict? mendous amount of credit to our chair- the appropriations bills already coming Mrs. SMITH of Washington. Yes, and man on the subcommittee, TOM DAVIS, out lower, that are trimming them when people see that they are not from just across the river in Virginia, back or peeling back each layer of bu- going to have to be running a campaign who has been a tremendous leader and reaucracy, looking underneath it to see against every big special interest group negotiator. But we are on the right if it is necessary. in the Nation, it kind of encourages path, I think, even in the city of Wash- And even today we took out millions them to get involved. ington to getting the city’s fiscal house of unnecessary bureaucracy that just And I am encouraged because I be- in order. did not need to be there. We passed an lieve that there is enough guts in this More important than even that, it amendment today that said we will not area now to make this big change. But was announced just last week that the build sewers and water systems in can you just imagine just running your Mayor and the chairman of the school Egypt. Egypt and Saudi Arabia, where election in your district, not having to board now have come together and the money was going to, have their worry about tobacco money from the they are talking about privatizing at own money. South or Jane Fonda or actors from least 11 of the most troubled schools So we are just marching on, but I California? here in Washington, DC, and if that is think there is something that we have I had to run against all the PAC’s in not enough, they are even going to ex- not done and something that keeps get- the Nation, including most of the periment with vouchers here in Wash- ting shuffled around, because it is so money from outside my district. But I ington, DC. difficult, and that is clean house. We want to tell you, you can do it. My race Mr. FOX of Pennsylvania. Whoever still have things that are old ways, be- was so short, but it was mostly people, thought that we would have such a rev- cause they have always gone that way, and it shows you can do it. olution right here in the Capital? that we have to fix, and one of those is Mr. FOX of Pennsylvania. The power Mr. GUTKNECHT. It is amazing. I any fund-raising in Washington, DC. of the individuals over the special in- am just amazed, and I would like to see There is a little bit of trouble when terests. their voucher plan expanded to you have to explain that to people and Mrs. SMITH of Washington. That is nonpublic, private, religious-related they say, ‘‘Why don’t you do that at right. I was an incumbent in our State. schools. That is not going to be the home?’’ A lot of good people are elected I had an 88 percent name ID, and so case, at least for the first phase of this. here. They come here, often running that gave me a help. But what if you But as I said, back in the Midwest we against, like one man in our state had were just some good person that want- have an expression. When people say to run against a woman called the ed to run and you were going to have to that will never happen, one of the ways ‘‘PAC Queen.’’ She was an incumbent. run against an incumbent called the of saying that is ‘‘When pigs fly.’’ Be- She raised millions from PACs. So he ‘‘PAC Queen,’’ would you have much of lieve it or not, here in Washington we ran against her, ended up with a debt, a chance? are seeing vouchers and experimen- came here and has to raise money all I think when we change the selection tation with privatizing the schools. So the time to try to pay off his debt. system to where you put the elections I am not going to criticize them for not Good man; bad system. We need to go back in the States, you take good peo- going full scale with a voucher plan, to and change that system. ple and allow them to run good, clean because when pigs fly, I do not think Mr. FOX of Pennsylvania. Do you not campaigns, and you do not put them we should criticize them for not stay- have legislation to try to address some here, having to work, I consider it like ing up very long. So, we are making of these reforms? swimming around in a polluted pond. It tremendous progress. Mrs. SMITH of Washington. Yes, would be a lot more fun to swim in a Mr. FOX of Pennsylvania. I think there is a package coming out with a clean structure. And we put good peo- what you are talking about is what the group of people, freshmen and old-tim- ple here under a system that just needs freshman class is working on, and the ers too, that will literally stop fund- to be changed. gentlewoman from Washington, LINDA raising in Washington, DC. It also abol- Mr. FOX of Pennsylvania. It is cer- SMITH, has been a leader on that, when ishes all gifts and all trips. tainly true. One of the items that I it comes to our Federal agencies look- You know, good people do things be- would like to get the Congressman ing at reducing, privatizing, consoli- cause the system is the way it is. In from Minnesota to talk about. dating and eliminating. I know that our State of Washington in 1992, we Mr. KINGSTON. If the gentleman Congresswoman SMITH from Washing- passed a package of legislation in an would yield. ton State was a leader in her own state initiative that literally changed Wash- Mr. FOX of Pennsylvania. Before you in making sure that the taxpayers got ington, and we just got the 1994 reports could, Congressman KINGSTON, their money’s worth and no tax in- out. When we abolished all these big reglatory reform was an area that I crease got through as long as she was groups’ ability to give a lot of money, wanted to touch on. around. it dropped the cost of campaigns down Mr. KINGSTON. I just wanted one I would like to get her impression on by over a third and it increased indi- second. I never would have accused the where we are in the reform movement vidual involvement. gentlewoman from Washington [Mrs. now after the first 6 months. We literally had an explosion of SMITH] of being concerned about Jane Mrs. SMITH of Washington. This was grassroots activity. And people would Fonda. And I was curious about that, a person who this time last year said I have never thought they could run be- because I see her pawing the ground was not going to run for Congress because they were not running against each night in the House Chamber look- cause Congress never did anything. these big groups. If they could get a ing for somebody to debate. So, I just And then I was a write-in candidate, grassroots group together, then they could not let that go by, and I yield and in about seven weeks I was here. could run. back. I have to say I was wrong. This is a Mr. FOX of Pennsylvania. Do not you Mr. FOX of Pennsylvania. Congress- new Congress. Those first votes were think these kinds of reforms that Con- man KINGSTON, thank you. I would like the most exciting things I have ever gressman GUTKNECHT is talking about, you to join us in this colloquy. We do done; cutting this place by a third. We and the ones you are talking about, are want to see the continuation, I believe, did not just say we were going to do it. going to restore the confidence of the of what Congressman GUTKNECHT has H 6826 CONGRESSIONAL RECORD — HOUSE July 11, 1995 been working on; that is, the regu- Mrs. SMITH of Washington. Will the tleman from Georgia [Mr. KINGSTON] latory reform. gentleman yield? Average? mentioned, is the fact that the new Many of the businesses and individ- Mr. GUTKNECHT. July 9th. The av- Congress is about change. It is about uals in this country have been stifled erage American will work this year proving to the American public we did in their individual effort to try to start until July 9th to pay all of the costs of not come to Washington to be a part of a business, to in fact have the quality government. a system. We came from the commu- of life they want, because regulations Mr. FOX of Pennsylvania. Regula- nities. We love our communities. We and taxation have been so heavy that tions and taxes and all fees? want to go back to our communities. they cannot move forward. And the Mr. GUTKNECHT. Regulations and More importantly, we want to go back problem has been the Federal Govern- taxes. The average American, and this to our communities with the respect ment. is according to some research done, and that we asked them to send us here in GIL, if you could take a moment to most of the numbers I think originally Washington. reflect on where you think we are on came from CBO, the average American The lockbox will provide us the op- that war against over-regulation, bur- will work 190 days this year to pay his portunity for monies we save in the densome rules, and over-taxation, I am or her share of government. budget; if members of the freshman sure the American people would like to That is 13 days to pay interest on the class or Members of Congress in gen- hear, and my colleagues, where you national debt, 15 days to pay for na- eral find $5 million or $10 million, the think we are on that issue. tional defense, 29 days to pay for Social concept basically is to put that money Mr. GUTKNECHT. I thank the gen- Security and Medicare, 36 days to pay in a reserve account, a lockbox, to pay tleman from Pennsylvania. I would for all other Federal programs, 42 days off the Federal debt and deficit of this just, in follow-up to what Representa- to pay for Federal regulations, and 55 country. tive SMITH was talking about, I think days to pay for State and local taxes For too long, if somebody found a the key component of what is happen- and other local regulations. The re- savings, if somebody found $10 million, ing here in Washington today is some- maining 175 days, they get to work for and around here that is small money, I thing, it is a line from Representative themselves. am sad to say to the American public, PAT ROBERTS, he said, ‘‘The status quo Mr. KINGSTON. Will the gentleman and $10 million to me is a fortune, so doesn’t live here anymore.’’ yield? much money I cannot even envision, And we were talking about this ear- Mr. GUTKNECHT. I would be happy but up here they talk about billions as lier today and one of our colleagues to yield to the gentleman from Geor- if it is, Do not worry about it, America, used the example of Cortez, when he gia. that is not a lot of money. The lockbox came to the New World, he had his peo- Mr. KINGSTON. You know, one of provides us an opportunity to put that ple burn their ships because there was the tax statistics we do hear over and no turning back. And hopefully we money aside, take it away from the over again is that in the 1950’s a mid- have come to a new world here in hands of the politicians and say you dle-class family paid as a percentage of Washington. And there is going to be cannot have access to that $25 million, their income tax on the Federal level 2 no turning back. $50 million, $100 million, $1 billion. It is In fact, the Vikings when they would percent. In 1972, that was 16 percent. In in a lockbox for deficit reduction. invade the foreign country, Vikings are 1995, on an average, that is 24 percent. Now, we testified before the Commit- tee on Rules, because they are finally more popular in the neighborhood b 2145 where I come from, they would do the getting serious about it. For the long- So you can imagine the middle-class same thing. They would burn their est time, the Committee on Rules said, tax squeeze. The Secretary of the ships so they understood that there no, we cannot use a lockbox; that takes Treasury says often that we are not was no turning back and there was away the power of the appropriators, only one way they were going to leave gaining. Of course, we are not. Any that really ruins the system of Con- and that was victorious. gains we make the Federal Govern- gress being able to negotiate, you And the battles that we have in front ment takes, and they are just taking it know, you hear all the terms around of us, whether it be on regulatory re- right off the plate. here, negotiate, satisfy, placate, work form, ethics reform, campaign finance Mr. FOX of Pennsylvania. I thank it out, conference. The American pub- reform, downsizing the Federal Govern- the gentleman from Georgia. We appre- lic did not send us here for happy ment, bringing real sanity to the way ciate your leadership, being an honor- games, Here, you take care of me this the Federal Government spends our tax ary freshman and keeping your enthu- week, I will take care of you next dollars, and more importantly our siasm for the positive things we do. week. grandchildren’s tax dollars, I think we Mr. KINGSTON. Does that mean I get Mrs. SMITH of Washington. If the have to keep that reformist attitude paid what Rush Limbaugh is getting gentleman will yield, I think I get this, that there is no turning back. We can- paid? He is an honorary freshman. it just simply means when my amend- not go back. There is only one way Mr. FOX of Pennsylvania. I do not ment passed today, when we got rid of that we can leave. think so. You would not want the money going to Saudi Arabia and I want to share a couple of things, be- money anyhow. Egypt, I could have put that against cause we talked about the six-month The gentleman from Florida [Mr. the deficit. anniversary that we celebrated last FOLEY] has been a leader on another re- Mr. FOLEY. Absolutely; absolutely. week of coming here as the new Mem- form, and I would like him to join our Mrs. SMITH of Washington. Instead bers of the 104th Congress. But we also colloquy, if he would, on the idea of of maybe somewhere along the lien celebrated a couple of special holidays having a lockbox to make sure when somebody says, ‘‘Oh, she saved $500,000, last week. we have savings achieved they actually let’s use it over there.’’ We have to do One was, of course, Independence go to deficit reduction. I think you this. I totally agree. Day, the Fourth of July. But most should share with the colleagues what Mr. FOLEY. A greater tragedy was Americans do not know that we cele- you did this morning on the Govern- the other day in the Science Commit- brated on July 9th Independence from ment Reform and Oversight Committee tee I saved $25 million on one project. Government Day. Most people know and joint committee with Rules, and if I did not commit it to anything else. I that we work for the Federal and State you would share that with us now, we said that money should be saved. government for a long, long time, but would appreciate hearing about it. The next day, a colleague on the what most people do not know is if you Mr. FOLEY. I thank the gentleman other side of the aisle found that $25 add the total cost of regulations, regu- from Pennsylvania. You have been a million, fully committed it to another latory reform has got to be on our list leader of the freshmen, and I really program. So after my efforts to save and certainly is, but the average Amer- enjoy working with you. $25 million, they were all in vain. ican will work this year through Sun- The thing that is so exciting, as the Today, you had that excellent amend- day, July 9th to pay all the costs of gentleman from Minnesota [Mr. ment on the foreign operations budget. Federal, State, and local taxes and reg- GUTKNECHT] and the gentlewoman from That money represents savings for the ulations. Washington [Mrs. SMITH] and the gen- American public for the first time if July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6827 we, in fact, have a lockbox, and LINDA way. I did not go to the bathroom. I did We cut total legislative appropria- SMITH can say to her constituents, ‘‘I not want to part with my briefcase and tions by $155 million, and again, you saved millions of dollars, and it is the diamond ring. I got real nervous know, in a place where we talk about tucked away, no longer available for about it. I came up here, and I think billions, that may not seem like a lot pork projects.’’ within 30 minutes of being here, I of money, but if we would reduce the Mrs. SMITH of Washington. If the voted, as you said, on $2 billion or $3 entire Federal budget by that same gentleman will yield, see, I do not look billion of appropriations. I thought percentage point, we would pay off the at it as savings to people right now. I how silly I am, getting worked up and debt or we would get to a zero deficit look at it and look at my five grand- paranoid, about this diamond ring, and within about 5 years rather than 7 children and I say it is not charging yet with that same voting card, I have years, and let me also say that we are that to your future, because we are got one, too, readily vote for billions contributing more to our pensions. We spending $200 billion a year, and it is and billions of appropriations, and as are reducing congressional pensions. I like the charge card with my grand- the gentlewoman from Washington have a bill, and I hope you will all help children’s picture on it. We are charg- [Mrs. SMITH] was saying about that $25 me get it passed, which will limit pening away their future, and so for me it million from Egypt or your amendment sion accrual for Members of Congress is just like every time I find some- on $25 million, what we have been to 12 years, which will mean the end of thing, I want to make sure that it goes doing is we cut it, but we really just $100,000 pensions. It will mean the max- to reducing the deficit, the debt, and non-earmark it. We free it up, and then imum pension a Member could collect establishes a future for my grandkids. the bill goes to the Senate. Your $25 would be $27,000. The good news about They are just tiny little tikes, but I do million is sitting there, and some Sen- the 104th Congress and particularly the not know how we can face them after a ator says, ‘‘Ah-hah, I have got a new freshman class, and I thank you again while if we do not do something serious water project in my district. I am for reserving this time, is we are stay- now. going to get that $25 million,’’ and if ing on offense. We are pressing reforms, Mr. FOLEY. It is important you men- for some reason it goes through the and I think as long as we do that, I tion that. But you have to think of Senate and that $25 million is setting think we are going to win. We are your families. The wonderful wife of there, then it comes back to the House, going to get more points on the board. the gentleman from Pennsylvania, and then the conference committee, I think that is the key. I think that is Judy, is home in Pennsylvania talking they see that $25 million, and you can what the American people want. to the constituents that sent her hus- bet every single dollar ends up being Mr. KINGSTON. If the gentleman band here. She has to explain the work earmarked. So these hours and hours will yield, since I am only an honorary he is doing while we are in session. We we have debating, cutting the budget, member, I wanted to say this, what I come to Washington. we are not really cutting the budget. say about the freshman class, when I We get caught up in that beltway We are just not earmarking it. go back home, on a bumper sticker, the mentality; this charge card, this card Mr. FOX of Pennsylvania, I think the freshman class is a group of normal we vote with, is the largest credit card fact is that we are all saying, we are people who do not want to be Presi- in the world, unlimited expenditures. talking about accountability, whether dent, they do not want to be in the U.S. We have got to be able to once and it is lockbox legislation, which the Senate, they do not want to be here for all explain to our constituents we gentleman from Florida [Mr. FOLEY] forever, but some of that may happen. are serious about saving their money. and the gentlewomen from Washington But for the time being, they want this, I suggested the other day on a radio [Mrs. SMITH] and the gentleman from and that is to cut the budget and go show maybe some Members of Congress Georgia [Mr. KINGSTON] were talking home, and you are a class of business need to go on Oprah Winfrey, have a about, which is going to force the Con- people, of homemakers, of lawyers, of therapist there, and talk about work- gress to spend less and make sure we teachers, of entrepreneurs, you have all ing it out. worry about our children and grand- kinds of different people there, but, They are so hungry and hell bent on children and to make sure we actually again, you want less regulation, less spending money that does not belong spend money on things that help peo- government, less micromanagement to them. ple, not more bureaucrats, more bu- out of Washington, more personal free- If this was my Master Card or your reaucracies. That is what it comes dom. I think because of that that is Visa—— down to. I call on, if I can, the gen- why you are on the offense, because the Mrs. SMITH of Washington. I would tleman from Minnesota [Mr. American people are with you 100 per- be maxed out. They would not let me GUTKNECHT] to talk about leading by cent. charge more. example, because, frankly, if we do not Mr. FOX of Pennsylvania. One of the Mr. FOLEY. You would be very cau- continue the same kind of verve and other items we are embracing, I think, tious about charging on that account. spirit this next 6 months and the next is the idea of Corrections Day, whether Mrs. SMITH of Washington. No, the year and a half in this Congress that it is the gentleman from Florida [Mr. difference is they would tap me some- we have in the first 6 months, then the FOLEY], yourself, the gentlewoman where. public will not be supporting us with from Washington [Mrs. SMITH], the Mr. FOLEY. This is phony. the new reforms we are going for. gentleman from Minnesota [Mr. Mr. KINGSTON. I had an interesting Mr. GUTKNECHT. I thank the gen- GUTKNECHT], we are trying to make experience the other day. A friend of tleman. I would just share, you know, sure we get through those special re- mine from Savannah, where I am from, in any football game, there are 60 min- forms to make this institution be more asked me, he has a son up here, he said, utes. If you look in the box scores, it accountable, now that we are working ‘‘Would you mind taking an engage- will show time of possession, and you closely with the Speaker, NEWT GING- ment ring up to them?’’ They did not either are on offense or you are on de- RICH, to make sure that when we have want to mail a diamond ring at the fense. The games are almost always noncontroversial items, we can bypass Post Office. I could not imagine why. won by teams on offense most of the the committee system so we get the They did not want to trust this family time. changes the American people want, not heirloom, and they wanted me to take The good news about this freshman get it to the next Congress or next it up there, so I said I would be glad to class, and we are happy to have the year. take it up tomorrow. So I picked up gentleman from Georgia [Mr. KINGS- Mr. FOLEY. I think it is appropriate the ring, and I started, and, you know, TON] as an honorary member, is we are at this point to talk about leadership in the airplane, I started thinking, you staying on offense, whether we are of this Chamber. You know, past Con- know, I have got a $5,000 or $10,000 dia- talking about campaign finance re- gresses, many freshman Members came mond ring here in my briefcase. I form, lockbox reform, budget reform, to Congress with the idea of reform, pulled the briefcase up closer to my and we are leading by example. As you and they were told by the leadership, chest, put a bear hug around it. I start- say, we actually cut our own franking ‘‘Listen, sit in the back row, be quiet, ed getting a little nervous. I went privileges by one-third in this Con- you will get a chance to participate, through the Charlotte airport on the gress. wait 4, 5, 6 years, you, too, may be vice H 6828 CONGRESSIONAL RECORD — HOUSE July 11, 1995 chairman of a committee. Don’t rock LEAVE OF ABSENCE Mr. CUNNINGHAM. the boat.’’ By unanimous consent, leave of ab- Mr. GALLEGLY. What I found in the leadership here sence was granted to: Mr. RADANOVITCH. Mr. SOLOMON. with the gentleman from Georgia [Mr. Mr. YATES (at the request of Mr. GEP- Mr. SMITH of New Jersey. GINGRICH], the gentleman from Texas HARDT), on Tuesday, July 11, on ac- Mr. PACKARD. [Mr. DELAY], the gentleman from count of illness in the family. Mr. SHAW. Texas [Mr. ARMEY], is the fact they Miss COLLINS of Michigan (at the re- Mr. HANSEN. said, ‘‘Listen, you were sent here by quest of Mr. GEPHARDT), between 2 p.m. (The following Members (at the re- your constituents. You are equal to us. and 4:15 p.m. today, on account of med- quest of Mr. KINGSTON) and to include We are not any higher than you are in ical reasons. extraneous matter:) the electoral process. We are all Mem- Mr. FOGLIETTA (at the request of Mr. Mr. HORN. bers of the House of Representatives. GEPHARDT), on Monday, July 10, on ac- Mr. BROWN of California. We each have constituents to answer count of medical reasons. Mr. DE LA GARZA. for. Give it your best shot.’’ I have Ms. MCKINNEY (at the request of Mr. Mr. GILLMOR. never once been called down to the of- GEPHARDT) for today, on account of of- Mr. FATTAH. fice, as happened in the past, for a ficial business. f scolding or a lecture or being told, f ‘‘You know, Mark, you are going out SENATE BILLS REFERRED on a limb. You are embarrassing the SPECIAL ORDERS GRANTED Bills of the Senate of the following Congress,’’ or, you know, ‘‘That is not By unanimous consent, permission to titles were taken from the Speaker’s appropriate, you are a freshman, let a address the House, following the legis- table and, under this rule, referred as senior Member lead.’’ I have got to tell lative program and any special orders follows: you, I am gratified in this process that heretofore entered, was granted to: S. 533. An act to clarify the rules governing I have been able, as a freshman, a new (The following Members (at the re- removal of cases to Federal court, and for Member coming here from the very quest of Mr. PALLONE) to revise and ex- other purposes; to the Committee on the Ju- first day to speak on the floor, I have tend their remarks and include extra- diciary. S. 677. An act to repeal a redundant venue been given the opportunity to be in the neous material:) chair, as I know the gentleman from provision, and other purposes; to the Com- Mr. FARR, for 5 minutes, today. mittee on the Judiciary. Pennsylvania [Mr. FOX] has, and I be- Mr. WARD, for 5 minutes, today. f lieve the others have, that is a unique Mr. PALLONE, for 5 minutes, today. opportunity to participate fully in this Mr. TOWNS, for 5 minutes, today. BILL PRESENTED TO THE democracy. Mr. OWENS, for 5 minutes, today. PRESIDENT So I have to tip my hat to our leader- Ms. KAPTUR, for 5 minutes, today. Mr. THOMAS, from the Committee ship for giving us the chance to partici- (The following Members (at the re- on House Administration, reported pate fully. quest of Mr. FOX of Pennsylvania) to that that committee did on the follow- Mr. KINGSTON. I would only say if revise and extend their remarks and in- ing date present to the President, for they had not given you the chance, you clude extraneous material:) his approval, a bill of the House of the would have made it or taken it. Mr. DIAZ-BALART, for 5 minutes each following title: Mrs. SMITH of Washington. I just day, on July 12 and 13. On July 5, 1995: want to make a comment on what the Mr. KASICH, for 5 minutes, today. H.R. 483. An act to amend the Omnibus gentleman from Florida [Mr. FOLEY] Mr. SHAYS, for 5 minutes, today. Budget Reconciliation Act of 1990 to permit said, not only is this freshman class Mr. KINGSTON, for 5 minutes, today. Medicare select policies to be offered in all anxious but we are able to fully join. I f States. did not even think about being a fresh- f man. In fact, you do not remember who EXTENSION OF REMARKS freshman are. By unanimous consent, permission to ADJOURNMENT Have you ever seen a time in history, revised and extend remarks was grant- Mr. KINGSTON. Mr. Speaker, I move I am chairing a subcommittee. Now, ed to: that the House do now adjourn. that is not a major job, but it used to (Mr. MILLER of California, during The motion was agreed to; accord- take you 20 years to get there. I do not consideration of H.R. 1905, in the Com- ingly (at 9 o’clock and 59 minutes think there is any woman on the other mittee of the Whole today.) p.m.), the House adjourned until to- side, as well as most men, who have (The following Members (at the re- morrow, Wednesday, July 12, 1995, at 10 had an opportunity to chair unless quest of Mr. PALLONE) and to include a.m. they have 10, 20 years under their belt. extraneous matter:) f I had 10–20 minutes under my belt and Mr. TEJEDA. EXECUTIVE COMMUNICATIONS, was chairing the Subcommittee on Mr. UNDERWOOD. ETC. Taxation and Finance for Small Busi- Mr. KLECZKA. ness. They have taken the energies and Mr. HAMILTON in two instances. Under clause 2 of rule XXIV, execu- the talents of all Members, taken a Mrs. KENNELLY. tive communications were taken from look at them, whether they have been Mr. MILLER of California. the Speaker’s table and referred as fol- here 1 minute, 2 years or 20 years, and Mr. SKELTON in two instances. lows: they said, ‘‘Let us use them for the Mr. COLEMAN. 1165. A letter from the President and people instead of let us let them wait Mr. STARK. Chairman, Export-Import Bank of the United until they have become ripe,’’ and that Mr. BENTSEN. States, transmitting a report involving Unit- is just different, and I appreciate the Mr. VISCLOSKY. ed States exports to Indonesia, pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on leadership, too, and the other fresh- Mr. TORRICELLI. Banking and Financial Services. man, because this freshman class has Mr. CARDIN. 1166. A letter from the Executive Director, just been fantastic at working to- (The following Members (at the re- Thrift Depositor Protection Oversight Board, gether. It has been competitive, but quest of Mr. FOX of Pennsylvania) and transmitting the annual report of the Over- competitive for the people, and the to include extraneous matter:) sight Board on the Resolution Funding Cor- American people are really winning by Mr. DAVIS. poration for the calendar year 1994, pursuant this. Mr. MOORHEAD. to Public Law 101–73, section 511(a) (103 Stat. 404); to the Committee on Banking and Fi- Mr. FOX of Pennsylvania. I think all Mr. WELLER. nancial Services. the Members who joined me for this Mr. WHITE. 1167. A letter from the Executive Director, special colloquy. I hope we can con- Mr. HUNTER. Thrift Depositor Protection Oversight Board, tinue a report back to the American Mr. WATTS of Oklahoma. transmitting the audited financial state- people on a regular basis. Mr. PORTMAN. ment of the Resolution Trust Corporation as July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6829 of December 31, 1994, and for the year then sources Act, pursuant to Public Law 103–283, By Mr. WOLF: ended, pursuant to Public Law 101–73, section section 312(d)(1)(B) (108 Stat. 1444); jointly, to H.R. 2002. A bill making appropriations for 501(a) (103 Stat. 385); to the Committee on the Committees on House Oversight and Ap- the Department of Transportation and relat- Banking and Financial Services. propriations. ed agencies for the fiscal year ending Sep- 1168. A letter from the Executive Director, 1179. A letter from the Secretary, Depart- tember 30, 1996, and for other purposes. Thrift Depositor Protection Oversight Board, ment of Defense, transmitting semi-annual By Mr. DE LA GARZA (for himself, Mr. transmitting the annual report of the Over- report on program activities to facilitate EMERSON, Mr. BALDACCI, Mr. BROWN sight Board for the calendar year 1994, pursu- weapons destruction and nonproliferation in of California, Ms. DELAURO, Mr. DEL- ant to Public Law 101–73, section 501(a) (103 the former Soviet Union, October 1, 1994, LUMS, Mr. FARR, Mr. FAZIO of Califor- Stat. 387); to the Committee on Banking and through March 31, 1995, pursuant to 22 U.S.C. nia, Mr. FRANK of Massachusetts, Mr. Financial Services. 5956; jointly, to the Committees on Inter- FROST, Mr. GEJDENSON, Mr. HALL of 1169. A letter from the National Center for national Relations, National Security, and Ohio, Ms. KAPTUR, Mrs. KENNELLY, Education Statistics, Commissioner, Office Appropriations. Mr. OLVER, Mr. PASTOR, Mr. SAND- ERS, Mr. STENHOLM, and Mr. WILSON): of Educational Research and Improvement, f transmitting the National Center for Edu- H.R. 2003. A bill to authorize the Secretary cation Statistics [NCES] report entitled, REPORTS OF COMMITTEES ON of Agriculture to make temporary assistance ‘‘The Condition of Education,’’ pursuant to PUBLIC BILLS AND RESOLUTIONS available to support community food secu- 20 U.S.C. 9005; to the Committee on Eco- rity projects designed to meet the food needs nomic and Educational Opportunities. Under clause 2 of rule XIII, reports of of low-income people, increase the self-reli- 1170. A letter from the Director, Defense committees were delivered to the Clerk ance of communities in providing for their Security Assistance Agency, transmitting for printing and reference to the proper own food needs, and promote comprehensive, notification concerning the Department of calendar, as follows: inclusive, and future-oriented solutions to the Air Force’s proposed Letter(s) of Offer Mr. WALKER: Committee on Science. H.R. local food, farm, and nutrition problems; to and acceptance [LOA] to Singapore for de- 1175. A bill to amend Public Law 89–454 to the Committee on Agriculture. fense articles and services (Transmittal No. provide for the reauthorization of appropria- By Mr. BOEHNER: H.R. 2004. A bill to amend the Internal Rev- 95–31), pursuant to 22 U.S.C. 2776(b); to the tions; with an amendment (Rept. 104–123 Pt. enue Code of 1986 to exclude from the Social Committee on International Relations. 2). Referred to the Committee of the Whole Security tax on self-employment income cer- 1171. A letter from the Assistant Secretary House on the State of the Union. for Legislative Affairs, Department of State, Mr. LIVINGSTON: Committee on Appro- tain amounts received by insurance salesmen transmitting notification of a proposed li- priations. Report on the Subdivision of after retirement; to the Committee on Ways cense for the export of major defense equip- Budget Totals For Fiscal Year 1996 (Rept. and Means. ment and services sold commercially to Ger- 104–175). Referred to the Committee of the By Mr. FORBES: H.R. 2005. A bill to direct the Secretary of many (Transmittal No. DTC–41–95), pursuant Whole House on the State of the Union. to 22 U.S.C. 2776(c); to the Committee on Mr. YOUNG of Alaska: Committee on Re- the Interior to make technical corrections in International Relations. sources. H.R. 1091. A bill to improve the Na- maps relating to the Coastal Barrier Re- 1172. A letter from the Assistant Secretary tional Park System in the Commonwealth of sources System; to the Committee on Re- for Legislative Affairs, Department of State, Virginia; with an amendment (Rept. 104–176). sources. transmitting notification of a proposed li- Referred to the Committee of the Whole By Mr. GEKAS: H.R. 2006. A bill to amend title 31, United cense for the export of major defense equip- House on the State of the Union. States Code, to provide an automatic con- ment sold commercially to the Netherlands Mr. WOLF: Committee on Appropriations. tinuing appropriation for the U.S. Govern- (Transmittal No. DTC–42–95), pursuant to 22 H.R. 2002. A bill making appropriations for ment; to the Committee on Appropriations, U.S.C. 2776(c); to the Committee on Inter- the Department of Transportation and relat- and in addition to the Committee on Rules, national Relations. ed agencies for the fiscal year ending Sep- for a period to be subsequently determined 1173. A letter from the Assistant Secretary tember 30, 1996, and for other purposes (Rept. by the Speaker, in each case for consider- for Legislative Affairs, Department of State, 104–177). Referred to the Committee of the ation of such provisions as fall within the ju- transmitting notification of a proposed li- Whole House on the State of the Union. cense for the export of major defense articles Mr. MOORHEAD: Committee on the Judi- risdiction of the committee concerned. H.R. 2007. A bill to amend titles 5, 31, and and and services sold commercially to Aus- ciary. H.R. 587. A bill to amend title 35, Unit- 37 of the United States Code to provide for tralia (Transmittal No. DTC–32–95), pursuant ed States Code, with respect to patents on the continuance of pay and the authority to to 22 U.S.C. 2776 (c) and (d); to the Commit- biotechnological processes (Rept. 104–178). make certain expenditures and obligations tee on International Relations. Referred to the Committee of the Whole during lapses in appropriations; to the Com- 1174. A letter from the Assistant Secretary House on the State of the Union. for Legislative Affairs, Department of State, Mr. MOORHEAD: Committee on the Judi- mittee on Appropriations, and in addition to transmitting notification that the President ciary. H.R. 1170. A bill to provide that cases the Committee on Government Reform and proposes to exercise his authority under sec- challenging the constitutionality of meas- Oversight, for a period to be subsequently de- tion 614(a)(1) of the Foreign Assistance Act ures passed by State referendum be heard by termined by the Speaker, in each case for of 1961, as amended, to provide $3 million in a 3-judge court; with amendments (Rept. 104– consideration of such provisions as fall with- defense articles and services to countries 179). Referred to the Committee of the Whole in the jurisdiction of the committee con- participating in the Rapid Reaction Force House on the State of the Union. cerned. [RRF] in Bosnia, pursuant to 22 U.S.C. Mr. MOORHEAD: Committee on the Judi- By Mr. SHAYS (for himself, Mr. JACOBS, 2364(a)(1); to the Committee on International ciary. S. 464. An Act to make the reporting Mr. ARCHER, Mr. ARMEY, Mr. BAKER Relations. deadlines for studies conducted in Federal of California, Mr. BARRETT of Wiscon- 1175. A letter from the Assistant Secretary court demonstration districts consistent sin, Mr. BASS, Mr. BEILENSON, Mr. for Legislative Affairs, Department of State, with the deadlines for pilot districts, and for BERMAN, Mr. BLUTE, Mr. BONO, Mr. transmitting a copy of Presidential Deter- other purposes (Rept. 104–180). Referred to BORSKI, Mr. BROWN of Ohio, Mr. CAS- mination No. 95–31: suspending restrictions the Committee of the Whole House on the TLE, Mr. CHABOT, Mrs. COLLINS of Illi- on United States Relations with the Pal- State of the Union. nois, Mr. COX, Mr. DELLUMS, Mr. DOR- estine Liberation Organization, pursuant to Mr. MOORHEAD: Committee on the Judi- NAN, Mr. DOYLE, Mr. DREIER, Mr. Public Law 103–236, section 583(b)(2) (108 ciary. S. 532. An act to clarify the rules gov- ENGLISH of Pennsylvania, Mr. EN- Stat. 489); to the Committee on Inter- erning venue, and for other purposes (Rept. SIGN, Mr. FAWELL, Mr. FOGLIETTA, national Relations. 104–181). Referred to the Committee of the Mr. FRANK of Massachusetts, Mr. 1176. A letter from the Secretary, Depart- Whole House on the State of the Union. FRANKS of New Jersey, Mr. FRANKS of ment of the Interior, transmitting 1994 an- Ms. PRYCE: Committee on Rules. House Connecticut, Mr. FRELINGHUYSEN, nual report of the Southwestern Pennsylva- Resolution 185. Resolution providing for con- Mr. FRISA, Ms. FURSE, Mr. GALLEGLY, nia Heritage Preservation Commission, pur- sideration of the bill (H.R. 1977) making ap- Mr. GEJDENSON, Mr. GEKAS, Mr. suant to Public Law 100–698, section 104(b) propriations for the Department of the Inte- GILLMOR, Mr. GOODLING, Mr. HALL of (102 Stat. 4621); to the Committee on Re- rior and related agencies for the fiscal year Ohio, Mr. HANCOCK, Mr. HANSEN, Mr. sources. ending September 30, 1996, and for other pur- HEFLEY, Mr. HINCHEY, Mr. HOEKSTRA, 1177. A letter from the Inspector General, poses (Rept. 104–182). Referred to the House Mr. HOKE, Mr. HORN, Mr. HUTCHINSON, Department of Justice, transmitting audit of Calendar. Mr. HYDE, Mr. KANJORSKI, Mr. KA- the Department’s private counsel debt col- f SICH, Mr. KIM, Mr. KING, Mr. KLINK, lection program, pursuant to Public Law 102– Mr. KLUG, Mr. KNOLLENBERG, Mr. 589, section 6 (106 Stat. 5135); to the Commit- PUBLIC BILLS AND RESOLUTIONS KOLBE, Mr. LATOURETTE, Mr. LAZIO tee on the Judiciary. of New York, Mr. LIPINSKI, Mr. 1178. A letter from the Architect of the Under clause 5 of rule X and clause 4 LOBIONDO, Mrs. LOWEY, Mr. LUTHER, Capitol, transmitting report of the accom- of rule XXII, public bills and resolu- Mr. MARKEY, Mr. MARTINEZ, Mr. plishments in achieving the requirements of tions were introduced and severally re- MARTINI, Mr. MEEHAN, Mr. the Architect of the Capitol Human Re- ferred as follows: MENENDEZ, Mr. MILLER of Florida, H 6830 CONGRESSIONAL RECORD — HOUSE July 11, 1995

Mr. MOAKLEY, Mr. MOORHEAD, Mrs. SMITH of New Jersey, Mr. DELAY, Mr. H.R. 240: Mr. THOMPSON. MORELLA, Mr. NEY, Mr. ORTON, Mr. ENGLISH of Pennsylvania, Mrs. H.R. 259: Mr. DORNAN. OXLEY, Mr. PACKARD, Mr. PALLONE, KELLY, Mr. TAUZIN, Mr. NEY, MR. H.R. 303: Mr. MCHALE, Mr. WATTS of Okla- Mr. PORTER, Mr. PORTMAN, Mr. GILMAN, Ms. ESHOO, Mr. MORAN, Mr. homa, and Mrs. MINK of Hawaii. RADANOVICH, Mr. RAMSTAD, Mr. REED, HASTINGS, of Washington, Mr. WATTS H.R. 311: Ms. FURSE. Mr. REGULA, Mr. RIGGS, Ms. RIVERS, of Oklahoma, and Mr. GUTKNECHT): H.R. 312: Mr. STOCKMAN. Mr. ROHRABACHER, Mrs. ROUKEMA, H.R. 2013. A bill to provide for the display H.R. 357: Mr. LUTHER and Mr. BARCIA of Mr. ROYCE, Mr. SALMON, Mr. SAXTON, of the POW/MIA flag at each Department of Michigan. Mrs. SCHROEDER, Mr. SCHUMER, Mr. Veterans Affairs medical center until the H.R. 359: Mr. PICKETT. H.R. 394: Mr. DICKEY, Mr. CLEMENT, Mr. SENSENBRENNER, Mr. SHAW, Mr. President determines that the fullest pos- CHRYSLER, and Mr. JOHNSON of South Da- SKAGGS, Mr. SMITH of New Jersey, sible accounting of all Vietnam-era POW/ Mr. SOLOMON, Mr. SOUDER, Mr. MIA’s has been made; to the Committee on kota. H.R. 436: Mr. DOOLITTLE, Mr. HAYES, Mr. STARK, Mr. STOCKMAN, Mr. TALENT, Veterans’ Affairs. LEACH, Mr. POMBO, Mr. PACKARD, Ms. DUNN Mr. TORKILDSEN, Mr. TORRES, Mr. By Mr. HERGER (for himself, Mr. HAN- of Washington, Mr. LIGHTFOOT, and Mr. COX. TORRICELLI, Mr. TRAFICANT, Mr. COCK, and Mr. CHRISTENSEN): H.R. 460: Mr. DEFAZIO, Mr. HANCOCK, Mr. UPTON, Mr. VISCLOSKY, Mrs. H.R. 2014. A bill to amend the Internal Rev- BILIRAKIS, Mr. LEWIS of California, Mr. WALDHOLTZ, Mr. WALKER, Mr. WAMP, enue Code of 1986 to allow a credit or refund DAVIS, Mr. OBERSTAR, Mr. GUTKNECHT, and Mr. ZELIFF, and Mr. ZIMMER): of motor fuel excise taxes on fuel used by the Mr. FORBES. H.R. 2008. A bill to repeal the quota and motor of a highway vehicle to operate cer- H.R. 468: Mr. ACKERMAN and Mr. MARKEY. price support programs for peanuts; to the tain power takeoff equipment on such vehi- Committee on Agriculture. H.R. 488: Mr. EVANS. cle; to the Committee on Ways and Means. H.R. 598: Mr. DIAZ-BALART, Mr. BROWN of By Ms. WOOLSEY: By Mrs. KENNELLY: H.R. 2009. A bill to amend title 5, United Ohio, Mr. BARCIA of Michigan, Mr. MILLER of H.R. 2015. A bill to amend the Internal Rev- Florida, Mr. ORTON, Mr. OBERSTAR, Mr. States Code, to include medical foods as a enue Code of 1986 to provide tax incentives specific item for which coverage may be pro- HASTINGS of Florida, Mr. COX, Mr. FOLEY, for the economic recovery of areas affected Mr. LARGENT, and Mr. CLEMENT. vided under the Federal Employees Health by the loss of employment in the financial Benefits Program; to the Committee on Gov- H.R. 662: Mr. LATOURETTE, Mr. institution and real estate sectors; to the ROHRABACHER, Mr. FIELDS of Texas, and Mrs. ernment Reform and Oversight. Committee on Ways and Means. By Mr. ZIMMER (for himself, Mr. KELLY. By Mr. UNDERWOOD: H.R. 682: Mr. ENGEL. SCHUMER, Mr. MILLER of Florida, Mr. H.R. 2016. A bill to amend title 10, United H.R. 703: Mr. ZIMMER. FRANK of Massachusetts, Mr. SHAYS, States Code, to eliminate the requirement H.R. 713: Mr. ENGEL and Mr. JACOBS. Mr. JACOBS, Mr. PORTER, Mr. that commissioned officers of the armed H.R. 739: Mr. EMERSON. ROHRABACHER, Mr. ANDREWS, Mr. services be initially appointed as reserve of- H.R. 752: Ms. EDDIE BERNICE JOHNSON of SAXTON, Mr. MEEHAN, Mr. SALMON, ficers regardless of the source of their com- Texas, Mr. PAXON, Mr. COLEMAN, Mr. Mr. FRANKS of New Jersey, Mr. mission; to the Committee on National Secu- HOEKSTRA, Mr. STUPAK, Mr. SHADEGG, Mr. GREENWOOD, Mr. HORN, Mr. ENSIGN, rity. BREWSTER, Mr. MARTINEZ, Ms. RIVERS, Mr. and Mr. FRELINGHUYSEN): By Mr. MOORHEAD: FOLEY, and Mr. SCHIFF. H.R. 2010. A bill to reduce target prices for H.J. Res. 100. Joint resolution to encourage H.R. 789: Mr. PAYNE of Virginia. wheat, feed, grains, rice, and cotton, to pro- States to study and adopt interstate com- H.R. 797: Mr. ENGEL. vide for the determination of deficiency pay- pacts for the regulation of interstate insur- H.R. 806: Mr. NETHERCUTT and Mr. BRYANT ments and marketing loans of these crops, to ance; to the Committee on the Judiciary, of Tennessee. abandon the use of acreage reduction pro- and in addition to the Committee on Com- H.R. 866: Mr. MANZULLO and Mr. KENNEDY grams regarding these crops, to prohibit the merce, for a period to be subsequently deter- of Massachusetts. provision of deficiency payments for acreage mined by the Speaker, in each case for con- H.R. 952: Mr. STUMP, Mr. FOLEY, Mr. INGLIS diverted from these crops, to impose income sideration of such provisions as fall within of South Carolina, Mr. HEFLEY, Mr. PAXON, limitations on participation in programs re- the jurisdiction of the committee concerned. and Mr. PETE GEREN of Texas. garding these crops, and to limit Commodity H.R. 972: Mr. POMEROY, Mr. MCHALE, and By Mr. YOUNG of Alaska: Credit Corporation outlays on behalf of these H. Con. Res. 82. Concurrent resolution di- Mr. HALL of Texas. crops; to the Committee on Agriculture. H.R. 973: Mr. MCHALE. recting the Secretary of the Senate to make By Mr. CARDIN (for himself, Mrs. ROU- H.R. 979: Mr. COOLEY. technical corrections in the enrollment of S. KEMA, Mr. MCDERMOTT, Mr. TOWNS, H.R. 997: Mr. BARTON of Texas, Mr. EVANS, 523; considered and agreed to. Mr. PALLONE, Ms. RIVERS, Mr. Mr. HINCHEY, Mr. NEY, and Mr. ORTIZ. NADLER, Mr. WISE, Mr. LEWIS of f H.R. 1023: Mr. KILDEE. Georgia, Mr. FAZIO of California, Mr. H.R. 1073: Mr. OWENS, Mr. MORAN, Mr. MORAN, Mr. BEILENSON, and Mr. MEMORIALS ORTIZ, Mr. WILLIAMS, Mr. MARTINEZ, Mr. AN- JOHNSON of South Dakota): Under clause 4 of rule XXII, memori- DREWS, Mr. FRAZER, and Mr. WELDON of H.R. 2011. A bill to assure equitable cov- Pennsylvania. als were presented and referred as fol- H.R. 1074: Mr. OWENS, Mr. MORAN, Mr. erage and treatment of emergency services lows: under health plans; to the Committee on ORTIZ, Mr. WILLIAMS, Mr. FRAZER, Mr. Commerce, and in addition to the Committee 127. By the SPEAKER: Memorial of the STUDDS, and Mr. WELDON of Pennsylvania. on Ways and Means, for a period to be subse- Senate of the State of Nevada, relative to H.R. 1114: Mr. WELDON of Florida, Mr. quently determined by the Speaker, in each urging the Congress of the United States to FOLEY, Mr. LAHOOD, and Mr. JOHNSON of case for consideration of such provisions as investigate the utility of importing water to South Dakota. fall within the jurisdiction of the committee Nevada from sources outside Nevada; to the H.R. 1127: Mr. LATHAM, Ms. DUNN of Wash- concerned. Committee on Resources. ington, Mr. CHRISTENSEN, Mr. ENSIGN, Mrs. By Mr. CREMEANS: 128. Also, memorial of the Senate of the CUBIN, Mr. SAXTON, Mr. CHAMBLISS, Mr. SAN- H.R. 2012. A bill to amend the Internal Rev- State of Nevada, relative to the management FORD, Mr. OXLEY, and Mr. FRANK of Massa- enue Code of 1986 to revise the income, es- of public rangelands in the State of Nevada; chusetts. tate, and gift tax rules applicable to individ- to the Committee on Resources. H.R. 1172: Mr. FLAKE, Ms. RIVERS, Mr. LEACH, Mr. GUNDERSON, Mr. DEUTSCH, and uals who lose U.S. citizenship; to the Com- f mittee on Ways and Means. Mr. FOX. H.R. 1222: Ms. WOOLSEY. By Mr. FOX (for himself, Mr. SPENCE, ADDITIONAL SPONSORS H.R. 1299: Mr. MILLER of California and Mr. Mr. MONTGOMERY, Mr. CUNNINGHAM, Under clause 4 of rule XXII, sponsors ENGEL. Mr. TATE, Mr. DORNAN, Mr. STOCK- H.R. 1318: Mr. STENHOLM. MAN, Mr. HOLDEN, Mr. KING, Mr. were added to public bills and resolu- H.R. 1363: Mr. BAKER of Louisiana. STEARNS, Mr. ROYCE, Mr. GALLEGLY, tions as follows: H.R. 1370: Mr. EDWARDS, Mr. PETE GEREN of Mr. WELLER, Mr. LIPINSKI, Mr. H.R. 43: Mr. ENGEL. Texas, and Mr. STENHOLM. FROST, Mr. SAXTON, Mr. LARGENT, H.R. 60: Mr. WICKER, Mr. BACHUS, Mr. H.R. 1386: Mr. DORNAN. Mr. WELDON of Pennsylvania, Mr. RA- CHRYSLER, Mr. CALLAHAN, and Mr. FLANA- H.R. 1454: Mr. RADANOVICH, Mr. CLEMENT, HALL, Mr. CRAMER, Mr. SOLOMON, Ms. GAN. Mr. TORRES, Mr. SKEEN, Ms. ROYBAL-ALLARD, WATERS, Mr. KENNEDY of Massachu- H.R. 65: Mr. WATTS of Oklahoma. and Mr. PETRI. setts, Mr. MCHALE, Mr. DOYLE, Mr. H.R. 104: Mr. LATOURETTE, Ms. NORTON, H.R. 1547: Mr. BONIOR. MASCARA, Mr. QUINN, Mr. FLANAGAN, and Mr. WELDON of Pennsylvania. H.R. 1637: Mr. EWING, Mr. PORTER, Mr. ENG- Mr. BUYER, Mr. HANCOCK, Mr. ARMEY, H.R. 109: Mr. ENGEL. LISH of Pennsylvania, and Mr. ZIMMER. Mr. HAYWORTH, Mr. HOEKSTRA, Mr. H.R. 123: Mr. TANNER, Mrs. CUBIN, Mr. H.R. 1644: Mr. SOUDER and Mr. SANFORD. PETERSON of Minnesota, Mr. BASS, Mr. KLUG, and Mr. ROTH. H.R. 1661: Mr. CUNNINGHAM, Mr. BAKER of GUTIERREZ, Mr. COSTELLO, Mr. H.R. 157: Mr. HEINEMAN. Louisiana, Mr. PICKETT, Mr. MINGE, Mr. EVANS, Ms. DUNN of Washington, Mr. H.R. 218: Mr. WHITFIELD. UNDERWOOD, and Mr. TALENT. July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6831

H.R. 1662: Mr. KLECZKA, Mr. KINGSTON, Mr. insurance for tobacco for the 1996 or later essary expenses for the Office of Indian Edu- JOHNSON of South Dakota, Ms. DUNN of crop years. cation, $81,000,000.’’. Washington, and Mr. MINGE. H.R. 1976 H.R. 1977 OHNSON H.R. 1684: Mr. J of South Dakota OFFERED BY: MR. GUTIERREZ OFFERED BY: MR. COBURN and Mr. OXLEY. AMENDMENT NO. 7: Page 55, line 24 insert AMENDMENT NO. 14: Page 5, strike lines 11 H.R. 1687: Mr. SALMON. after ‘‘law’’ the following: through 17. H.R. 1735: Ms. RIVERS and Mr. THOMPSON. Page 11, strike lines 9 through 17. H.R. 1739: Mr. MINGE. , and which includes a reasonable amount that shall be expended to prepare a report, to Page 17, strike lines 15 through 26. H.R. 1744: Mr. EHLERS, Mr. MINGE, and Mr. Page 47, strike lines 17 through 25. SMITH of New Jersey. be submitted to the Congress not later than 30 days after the date of the enactment of Page 66, strike lines 11 through 15 and in- H.R. 1749: Mr. DOYLE, Mrs. MORELLA, and sert the following: Mr. ARMEY. this Act, identifying the nature and extent DEPARTMENT OF EDUCATION H.R. 1758: Mr. HILLIARD. of the adverse health effects that would be H.R. 1781: Mr. MARTINEZ. caused by restricting eligibility for food OFFICE OF ELEMENTARY AND SECONDARY H.R. 1807: Mr. LEWIS of Georgia and Mr. stamp benefits as a result of enacting section EDUCATION CLEMENT. 403 of H.R. 4 as passed on March 24, 1995, by INDIAN EDUCATION H.R. 1818: Mr. SOUDER, Mr. MCKEON, Mr. the House of Representatives For necessary expenses to carry out, to the MCINTOSH, and Mr. EHLERS. H.R. 1976 extent not otherwise provided, title VI of the H.R. 1853: Mr. SERRANO and Mr. LAFALCE. OFFERED BY: MRS. LOWEY Elementary and Secondary Education Act of H.R. 1856: Mr. BONO and Mr. BILBRAY. AMENDMENT NO. 8: At the appropriate place 1965, $52,500,000, to be allocated directly to H.R. 1883: Mr. CREMEANS and Mr. STEN- in the bill, insert the following new section: local educational agencies in direct propor- HOLM. SEC. . None of the funds made available in tion to the funding received in fiscal year H.R. 1904: Mr. STUPAK. this Act may be used to provide deficiency 1995, with no administrative costs at the H.R. 1915: Mr. HASTINGS of Washington, Mr. payments and land diversion payments de- Federal level. BEREUTER, Mr. COMBEST, and Mr. BARTLETT scribed in paragraph (1), or other payments H.R. 1977 of Maryland. described in paragraph (2)(B), of section 1001 OFFERED BY: MR. COBURN H.R. 1950: Mr. MARTINI, Mr. PAYNE of New of the Food Security Act of 1985 (7 U.S.C. AMENDMENT NO. 15: Page 5, strike lines 11 Jersey, Mr. MORAN, Mr. MARTINEZ, and Ms. 1308) to any person when it is made known to through 17. WATERS. the Federal entity or official to which the Page 11, strike lines 9 through 17. H.R. 1957: Mr. TRAFICANT. funds are made available that the person has H.R. 1963: Mr. LAZIO of New York, Mrs. Page 17, strike lines 15 through 26. an annual adjusted gross income of $100,000 Page 47, strike lines 17 through 25. THURMAN, and Mr. FLAKE. or more from off-farm sources. Page 66, strike lines 11 through 15 and in- H.R. 1967: Mr. CAMP, Mr. ENSIGN, Mr. LEWIS H.R. 1976 sert the following: of Georgia, and Mr. MCCRERY. OFFERED BY: MRS. LOWEY H.R. 1972: Mr. HOKE, Mr. LAHOOD, and Mr. Department of Education PETERSON of Minnesota. AMENDMENT NO. 9: At the appropriate place OFFICE OF ELEMENTARY AND SECONDARY H.R. 1984: Mr. OXLEY and Mr. ZIMMER. in the bill, insert the following new section: EDUCATION SEC. . None of the funds made available in H.R. 1987: Mr. ROTH, Mr. ROYCE, Mr. INDIAN EDUCATION this Act may be used for a quota support MANZULLO, Mr. BALLENGER, Ms. ROS- For necessary expenses to carry out, to the LEHTINEN, Mr. ROHRABACHER, Mr. KING, Mr. rate greater than $550 per ton for the 1996 crop of quota peanuts. extent not otherwise provided, title VI of the BROWNBACK, Mr. FUNDERBURK, Mr. CHABOT, Elementary and Secondary Education Act of H.R. 1976 Mr. SALMON, Mr. HOUGHTON, Mr. SANFORD, 1965, $52,500,000. and Mrs. MEYERS of Kansas. OFFERED BY: MR. SCHUMER H.R. 1977 H. Con. Res. 21: Ms. MOLINARI, Ms. NORTON, AMENDMENT NO. 10: Page 29, line 24, strike OFFERED BY: MR. CREMEANS and Mr. FRANK of Massachusetts. ‘‘$10,400,000,000’’ and insert ‘‘$10,290,000,000’’. AMENDMENT NO. 16. Page 94, after line 24, H. Con. Res. 23: Mr. WYNN, Mr. LATHAM, H.R. 1976 and Miss COLLINS of Michigan. add the following: OFFERED BY: MR. SCHUMER H. Con. Res. 79: Mr. DELLUMS, Mr. BOU- SEC. 318. None of the funds appropriated or CHER, Mr. MARTINEZ, Mr. THOMPSON, Mr. AMENDMENT NO. 11: Page 71, after line 2, in- otherwise made available by this Act may be EVANS, and Ms. WOOLSEY. sert the following new section: used for the purposes of acquiring lands in SEC. 726. None of the funds made available H. Res. 174: Mr. KENNEDY of Massachusetts, the counties of Lawrence or Washington, in this Act may be used to pay the salaries Ms. PELOSI, Mr. DEFAZIO, Mr. FARR, Mr. Ohio, for the Wayne National Forest. of personnel who carry out a market pro- FRAZER, Ms. RIVERS, Mr. OBERSTAR, and Mr. H.R. 1977 motion program pursuant to section 203 of BEILENSON. OFFERED BY: MR. FAZIO OF CALIFORNIA the Agricultural Trade Act of 1978 (7 U.S.C. f 5623). AMENDMENT NO. 17. Page 2, line 11, strike H.R. 1976 ‘‘$570,017,000’’ and insert ‘‘$569,417,000’’. AMENDMENTS Page 2, line 12, strike ‘‘of which’’ and all OFFERED BY: MR. SCHUMER Under clause 6 of rule XXIII, pro- that follows through ‘‘, and’’ on line 17. AMENDMENT NO. 12: Page 71, after line 2, in- Page 3, line 4, strike ‘‘$570,017,000’’ and in- posed amendments were submitted as sert the following new section: sert ‘‘$569,417,000’’. follows: SEC. 726. (a) LIMITATION ON USE OF FUNDS.— H.R. 1977 H.R. 1976 None of the funds made available in this Act OFFERED BY: MR. FAZIO may be used to pay the salaries of personnel OFFERED BY: MR. DEUTSCH who carry out a market promotion program AMENDMENT NO. 18: Page 2, line 11, strike AMENDMENT NO. 5: Page 71, after line 2, in- pursuant to section 203 of the Agricultural ‘‘$570,017,000’’ and insert ‘‘$569,417,000’’. sert the following new section: Trade Act of 1978 (7 U.S.C. 5623). Page 2, line 12, strike ‘‘of which’’ and all SEC. 726. None of the funds made available (b) CORRESPONDING REDUCTION IN FUNDS.— that follows through ‘‘, and’’ on line 17. in this Act may be used to provide assistance The amount otherwise provided in this Act Page 3, line 4, strike ‘‘$570,017,000’’ and in- to, or to pay the salaries of personnel who for ‘‘Commodity Credit Corporation Fund— sert ‘‘$569,417,000’’. carry out a market promotion program pur- Reimbursement for Net Realized Losses’’ is Page 16, line 10, strike ‘‘$1’’ and insert suant to section 203 of the Agricultural hereby reduced by $110,000,000. ‘‘$1,700,000’’. Trade Act of 1978 (7 U.S.C. 5623) that provides H.R. 1977 H.R. 1977 assistance to, the U.S. Mink Export Develop- OFFERED BY: MR. FAZIO ment Council or any mink industry trade as- OFFERED BY: MR. CHABOT AMENDMENT NO. 19: Page 2, line 11, strike sociation. AMENDMENT NO. 11: Page 73, strike line 16 and all that follows through page 74, line 15. ‘‘$570,017,000’’ and insert ‘‘$569,417,000’’. H.R. 1976 Page 2, line 12, strike ‘‘of which’’ and all H.R. 1977 OFFERED BY: MR. DURBIN that follows through ‘‘, and’’ on line 17. OFFERED BY: MRS. CLAYTON Page 3, line 4, strike ‘‘$570,017,000’’ and in- AMENDMENT NO. 6: Page 71, after line 2, in- AMENDMENT NO. 12: Page 55, line 5, strike sert the following new section: sert ‘‘$569,417,000’’. ‘‘$384,504,000’’ and insert ‘‘$304,504,000’’. Page 16, line 5, strike ‘‘$1,088,249,000’’ and SEC. 726. None of the funds made available Page 66, strike lines 14 and 15 and insert insert ‘‘$1,088,849,000’’. in this Act to the Department of Agriculture the following: ‘‘For necessary expenses for Page 16, line 9, strike ‘‘, and’’ and all that may be used (1) to carry out, or pay the sala- the Office of Indian Education, $81,000,000.’’. follows through ‘‘serve’’ on line 12. ries of personnel who carry out, any extension service program, market news program, H.R. 1977 H.R. 1977 or market analysis program for tobacco or OFFERED BY: MRS. CLAYTON OFFERED BY: MR. FAZIO tobacco products; or (2) to provide, or to pay AMENDMENT NO. 13: Page 66, strike lines 14 AMENDMENT NO. 20: Page 2, line 11, strike the salaries of personnel who provide, crop and 15 and insert the following: ‘‘For nec- ‘‘$570,017,000’’ and insert ‘‘$569,417,000’’. H 6832 CONGRESSIONAL RECORD — HOUSE July 11, 1995 Page 2, line 12, strike ‘‘of which’’ and all Page 56, line 10, strike ‘‘$133,946,000’’ and concentrates or products derived therefrom that follows through ‘‘, and’’ on line 17. insert ‘‘$138,926,000’’. which are produced or stored on a mining Page 3, line 4, strike ‘‘$570,017,000’’ and in- Page 56, line 17, strike ‘‘$107,446,000’’ and claim, and such provisions shall conform sert ‘‘$569,417,000’’. insert ‘‘$112,426,000’’. with such minimum standards as the Sec- Page 16, line 10, strike ‘‘$1’’ and insert H.R. 1977 retary may prescribe by rule, taking into ac- ‘‘$1,700,000’’. count the variety of circumstances on min- OFFERED BY: MR. KLECZKA H.R. 1977 ing claims; and AMENDMENT NO. 31: Page 55, line 5, strike OFFERED BY: MR. FAZIO ‘‘$384,504,000’’ and insert ‘‘$379,524,000’’. (B) not later than the 5th business day after production begins anywhere on a min- AMENDMENT NO. 21: Page 2, line 11, strike H.R. 1977 ing claim, or production resumes after more ‘‘$570,017,000’’ and insert ‘‘$569,417,000’’. OFFERED BY: MR. MILLER OF CALIFORNIA than 90 days after production was suspended, Page 2, line 12, strike ‘‘of which’’ and all notify the Secretary, in the manner pre- that follows through ‘‘, and’’ on line 17. AMENDMENT NO. 32: Page 5, line 15, strike scribed by the Secretary, of the date on Page 3, line 4, strike ‘‘$570,017,000’’ and in- ‘‘$8,500,000’’ and insert ‘‘$14,750,000’’. which such production has begun or re- sert ‘‘$569,417,000’’. Page 11, line 16, strike ‘‘$14,100,000’’ and in- Page 16, line 5, strike ‘‘$1,088,249,000’’ and sert ‘‘$67,300,000’’. sumed. insert ‘‘$1,088,949,000’’. Page 17, line 21, strike ‘‘$14,300,000’’ and in- (4) The Secretary may by rule require any Page 16, line 10, strike ‘‘$1’’ and insert sert ‘‘$84,550,000’’. person engaged in transporting a locatable ‘‘$1,700,000’’. Page 17, line 26, strike ‘‘$1,500,000’’ and in- mineral, concentrate, or product derived sert ‘‘$3,240,000’’. therefrom to carry on his or her person, in H.R. 1977 Page 47, line 23, strike ‘‘$14,600,000’’ and in- his or her vehicle, or in his or her immediate OFFERED BY: MR. FAZIO sert ‘‘$65,310,000’’. control, documentation showing, at a mini- AMENDMENT NO. 22: Page 16, line 9, strike Page 55, line 5, strike ‘‘$384,504,000’’ and in- mum, the amount, origin, and intended des- ‘‘, and’’ and all that follows through ‘‘serve’’ sert ‘‘$200,854,000’’. tination of the locatable mineral, con- on line 12. H.R. 1977 centrate, or product derived therefrom in H.R. 1977 OFFERED BY: MR. MILLER OF CALIFORNIA such circumstances as the Secretary determines is appropriate. OFFERED BY: MR. FAZIO AMENDMENT NO. 33: Page 45, line 24, strike (c) RECORDKEEPING AND REPORTING RE- AMENDMENT NO. 23: Page 16, line 5, strike ‘‘$1,276,688,000’’ and insert ‘‘$1,245,720,000’’. QUIREMENTS.—(1) A claim holder, operator, or ‘‘$1,088,249,000’’ and insert ‘‘$1,088,849,000’’. H.R. 1977 other person directly involved in developing, Page 16, line 9, strike ‘‘, and’’ and all that OFFERED BY: MR. MILLER OF CALIFORNIA follows through ‘‘serve’’ on line 12. producing, processing, transporting, purchas- AMENDMENT NO. 34: Page 47, line 13, strike ing, or selling locatable minerals, con- H.R. 1977 all that follows after ‘‘United States’’ centrates, or products derived therefrom, OFFERED BY: MR. FAZIO through line 16 and insert a period. subject to this Act, through the point of roy- AMENDMENT NO. 24: Page 16, line 10, strike H.R. 1977 alty computation shall establish and maintain any records, make any reports, and pro- ‘‘$1’’ and insert ‘‘$1,700,000’’. OFFERED BY: MR. OWENS H.R. 1977 vide any information that the Secretary may AMENDMENT NO. 35: Page 94, after line 24, reasonably require for the purposes of imple- OFFERED BY: MR. FAZIO insert the following new section: menting this section or determining compli- AMENDMENT NO. 25: Page 16, line 5, strike SEC. 318. (a) RESERVATION OF ROYALTY.— ance with rules or orders under this section. ‘‘$1,088,249,000’’ and insert ‘‘$1,088,949,000’’. Production of all locatable minerals from Such records shall include, but not be lim- Page 16, line 10, strike ‘‘$1’’ and insert any mining claim located under the general ited to, periodic reports, records, documents, ‘‘$1,700,000’’. mining laws, or mineral concentrates or and other data. Such reports may also in- H.R. 1977 products derived from locatable minerals clude, but not be limited to, pertinent tech- from any mining claim located under the OFFERED BY: MR. GALLEGLY nical and financial data relating to the quan- general mining laws, as the case may be, tity, quality, composition volume, weight, AMENDMENT NO. 26: Page 34, line 24, strike shall be subject to a royalty of 8 percent of and assay of all minerals extracted from the ‘‘$69,232,000’’ of which (1) $65,705,000 shall be’’ the gross income from such production. The mining claim. Upon the request of any offi- and insert ‘‘$52,405,000, to remain’’. claimholder and any operator to whom the cer or employee duly designated by the Sec- Page 34, line 25, strike ‘‘technical assist- claimholder has assigned the obligation to retary or any State conducting an audit or ance’’ and all that follows through ‘‘controls, make royalty payments under the claim and investigation pursuant to this section, the and’’ on line 1 of page 35. any person who controls such claimholder or appropriate records, reports, or information Page 35, strike lines 11 and 12 and insert: operator shall be jointly and severally liable which may be required by this section shall ‘‘272): Provided’’. for payment of such royalties. be made available for inspection and duplica- Page 35, line 25, strike ‘‘funding:’’ and all (b) DUTIES OF CLAIM HOLDERS, OPERATORS, tion by such officer or employee or State. that follows through line 23 on page 36 and AND TRANSPORTERS.—(1) A person— (2) Records required by the Secretary insert ‘‘funding.’’. (A) who is required to make any royalty under this section shall be maintained for 6 H.R. 1977 payment under this section shall make such years after cessation of all mining activity payments to the United States at such times OFFERED BY: MR. GILCHREST at the claim concerned unless the Secretary and in such manner as the Secretary may by AMENDMENT NO. 27: Page 19, line 17, insert notifies the operator that he or she has initi- rule prescribe; and after ‘‘program’’ the following: (B) shall notify the Secretary, in the time ated an audit or investigation involving such when it is made known to the Federal offi- and manner as may be specified by the Sec- records and that such records must be main- cial having authority to obligate or expend retary, of any assignment that such person tained for a longer period. In any case when such funds that the volunteers are not prop- may have made of the obligation to make an audit or investigation is underway, erly trained or that information gathered by any royalty or other payment under a min- records shall be maintained until the Sec- the volunteers is not carefully verified. ing claim. retary releases the operator of the obligation to maintain such records. H.R. 1977 (2) Any person paying royalties under this (d) AUDITS.—The Secretary is authorized to OFFERED BY: MR. GUTKNECHT section shall file a written instrument, together with the first royalty payment, af- conduct such audits of all claim holders, op- AMENDMENT NO. 28: Page 94, after line 24, firming that such person is liable to the Sec- erators, transporters, purchasers, processors, insert the following new section: retary for making proper payments for all or other persons directly or indirectly in- SEC. 318. None of the funds provided in this amounts due for all time periods for which volved in the production or sales of minerals Act may be made available for the Mis- such person as a payment responsibility. covered by this title, as the Secretary deems sissippi River Corridor Heritage Commission. Such liability for the period referred to in necessary for the purposes of ensuring com- H.R. 1977 the preceding sentence shall include any and pliance with the requirements of this sec- OFFERED BY: MR. KENNEDY OF all additional amounts billed by the Sec- tion. For purposes of performing such audits, MASSACHUSETTS retary and determined to be due by final the Secretary shall, at reasonable times and upon request, have access to, and may copy, AMENDMENT NO. 29: Page 55, line 5, strike agency or judicial action. Any person liable all books, papers and other documents that ‘‘$384,504,000’’ and insert ‘‘$379,524,000’’. for royalty payments under this section who assigns any payment obligation shall remain relate to compliance with any provision of H.R. 1977 jointly and severally liable for all royalty this section by any person. OFFERED BY: MR. KENNEDY OF payments due for the claim for the period. (e) COOPERATIVE AGREEMENTS.—(1) The MASSACHUSETTS (3) A person conducting mineral activities Secretary is authorized to enter into cooper- AMENDMENT NO. 30: Page 55, line 5, strike shall— ative agreements with the Secretary of Agri- ‘‘$384,504,000’’ and insert ‘‘$379,524,000’’. (A) develop and comply with the site secu- culture to share information concerning the Page 56, line 3, strike ‘‘$552,871,000’’ and in- rity provisions in operations permit designed royalty management of locatable minerals, sert ‘‘$557,851,000’’. to protect from theft the locatable minerals, concentrates, or products derived therefrom, July 11, 1995 CONGRESSIONAL RECORD — HOUSE H 6833 to carry out inspection, auditing, investiga- value of the production on basis on which it Page 56, line 3, strike ‘‘$552,871,000’’ and in- tion, or enforcement (not including the col- was reported, or sert ‘‘$652,871,000’’. lection of royalties, civil or criminal pen- (B) such person had substantial authority Page 56, line 10, strike ‘‘133,946,000’’ and in- alties, or other payments) activities under for reporting royalty on the value of the pro- sert ‘‘$233,946,000’’. this section in cooperation with the Sec- duction on the basis on which it was re- Page 56, line 17, strike ‘‘$107,446,000’’ and retary, and to carry out any other activity ported, or insert ‘‘$207,446,000’’. described in this section. (C) such person previously had notified the H.R. 1977 (2) Except as provided in paragraph (4)(A) Secretary, in such manner as the Secretary OFFERED BY: MR. SCHAEFER of this subsection (relating to trade secrets), may by rule prescribe, of relevant reasons or and pursuant to a cooperative agreement, facts affecting the royalty treatment of spe- AMENDMENT NO. 41: Page 57, line 7, strike the Secretary of Agriculture shall, upon re- cific production which led to the ‘‘$287,000,000’’ and all that follows through quest, have access to all royalty accounting underreporting, or ‘‘Reserve’’ on line 21, and insert the follow- information in the possession of the Sec- (D) such person meets any other exception ing: retary respecting the production, removal, which the Secretary may, by rule, establish. $187,000,000, to remain available until ex- or sale of locatable minerals, concentrates, (7) All penalties collected under this sub- pended, which shall be derived by transfer of or products derived therefrom from claims section shall be deposited in the Treasury. unobligated balances from the ‘‘SPR petro- on lands open to location under the general (g) EXPANDED ROYALTY OBLIGATIONS.—Each leum account’’. mining laws. person liable for royalty payments under H.R. 1977 (3) Trade secrets, proprietary, and other this section shall be jointly and severally confidential information shall be made avail- liable for royalty on all locatable minerals, OFFERED BY: MR. SCHAEFER able by the Secretary pursuant to a coopera- concentrates, or products derived therefrom AMENDMENT NO. 42: Page 57, line 9, strike tive agreement under this subsection to the lost or wasted from a mining claim located ‘‘and’’ and all that follows through ‘‘Re- Secretary of Agriculture upon request only or converted under this section when such serve’’ on line 21. if— loss or waste is due to negligence on the part H.R. 1977 (A) the Secretary of Agriculture consents of any person or due to the failure to comply OFFERED BY: MR. SCHAEFER in writing to restrict the dissemination of with any rule, regulation, or order issued the information to those who are directly in- under this section. AMENDMENT NO. 43: Page 57, line 11, strike volved in an audit or investigation under (h) EXCEPTION.—No royalty shall be pay- ‘‘: Provided’’ and all that follows through this section and who have a need to know; able under subsection (a) with respect to ‘‘Reserve’’ on line 21. (B) the Secretary of Agriculture accepts li- minerals processed at a facility by the same H.R. 1977 ability for wrongful disclosure; and person or entity which extracted the min- (C) the Secretary of Agriculture dem- OFFERED BY: MR. SKAGGS erals if an urban development action grant onstrates that such information is essential AMENDMENT NO. 44: On page 5, line 10, after has been made under section 119 of the Hous- to the conduct of an audit or investigation the period insert the following: ing and Community Development Act of 1974 under this subsection. None of the funds appropriated to imple- (f) INTEREST AND SUBSTANTIAL with respect to any portion of such facility. ment such Act shall be used for payments (i) EFFECTIVE DATE.—The royalty under UNDERREPORTING ASSESSMENTS.—(1) In the with respect to entitlement lands (as defined case of mining claims where royalty pay- this section shall take effect with respect to in such Act) whose ownership is subject to ments are not received by the Secretary on the production of locatable minerals after litigation or with respect to which a State or the date that such payments are due, the the enactment of this Act, but any royalty political subdivision of a State has asserted Secretary shall charge interest on such payments attributable to production during a formal claim of ownership. the first 12 calendar months after the enact- under payments at the same interest rate as H.R. 1977 is applicable under section 6621(a)(2) of the ment of this Act shall be payable at the expi- Internal Revenue Code of 1986. In the case of ration of such 12-month period. OFFERED BY: MR. SKAGGS an underpayment, interest shall be computed H.R. 1977 AMENDMENT NO. 45: On page 17, line 5, and charged only on the amount of the defi- OFFERED BY: MR. RICHARDSON strike ‘‘$114,868,000,’’ and in lieu thereof insert ‘‘$89,868,000 to be used at the discretion ciency and not on the total amount. AMENDMENT NO. 36: Page 23, line 19, strike (2) If there is any underreporting of roy- of the Secretary of the Interior and ’’ ‘‘$87,000,000’’ and insert ‘‘$60,220,000’’. alty owed on production from a claim for Page 55, line 5, strike ‘‘$384,504,000’’ and in- H.R. 1977 any production month by any person liable sert ‘‘$357,724,000’’. OFFERED BY: MR. SKAGGS for royalty payments under this section, the Page 55, line 22, strike ‘‘$151,028,000’’ and Secretary may assess a penalty of 10 percent AMENDMENT NO. 46: On page 56, line 10, insert ‘‘$124,247,000’’. strike ‘‘$133,946,000,’’ and in lieu thereof in- of the amount of that underreporting. Page 66, strike lines 11 through 15 and in- (3) If there is a substantial underreporting sert ‘‘$148,946,000’’; on page 56, line 17, strike sert the following: of royalty owed on production from a claim ‘‘$107,446,000’’ and in lieu thereof for any production month by any person re- DEPARTMENT OF EDUCATION ‘‘$120,446,000’’; and on page 56, line 18, strike sponsible for paying the royalty, the Sec- OFFICE OF ELEMENTARY AND SECONDARY ‘‘$26,500,000’’ and in lieu thereof insert retary may assess an additional penalty of 10 EDUCATION ‘‘$28,500,000’’. percent of the amount of that INDIAN EDUCATION H.R. 1977 underreporting. For necessary expenses to carry out, to the OFFERED BY: MRS. SMITH OF WASHINGTON (4) For the purposes of this subsection, the extent not otherwise provided, title VI of the term ‘‘underreporting’’ means the difference AMENDMENT NO. 47: Page 72, line 12, strike Elementary and Secondary Education Act of ‘‘$6,152,000’’ and insert ‘‘$5,140,100’’. between the royalty on the value of the pro- 1965, $81,341,000. duction which should have been reported and H.R. 1977 H.R. 1977 the royalty on the value of the production OFFERED BY: MR. ZIMMER which was reported, if the value which OFFERED BY: MR. RICHARDSON AMENDMENT NO. 48: Page 94, after line 24, should have been reported is greater than AMENDMENT NO. 37: Page 29, line 15, strike insert the following new section: the value which was reported. An ‘‘Provided further,’’ and all that follows SEC. 318. None of the funds made available underreporting constitutes a ‘‘substantial through ‘‘November 30, 1997:’’ on line 18. in this Act may be used (1) to demolish the underreporting’’ if such difference exceeds 10 H.R. 1977 bridge between Jersey City, New Jersey, and percent of the royalty on the value of pro- OFFERED BY: MR. SANDERS Ellis Island; or (2) to prevent pedestrian use duction which should have been reported. of such bridge, when it is made known to the (5) The Secretary shall not impose the as- AMENDMENT NO. 38: Page 37, line 19, strike Federal official having authority to obligate sessment provided in paragraphs (2) or (3) of ‘‘$55,982,000’’ and insert ‘‘$53,919,000’’. or expend such funds that such pedestrian this subsection if the person liable for roy- Page 75, line 15, strike ‘‘$1,000,000’’ and in- use is consistent with generally accepted alty payments under this section corrects sert ‘‘$3,063,000’’. safety standards. the underreporting before the date such per- H.R. 1977 son receives notice from the Secretary that OFFERED BY: MR. SANDERS H.R. 1977 an underreporting may have occurred, or be- AMENDMENT NO. 39: Page 37, line 19, strike OFFERED BY: MR. ZIMMER fore 90 days after the date of the enactment ‘‘$55,982,000’’ and insert ‘‘$53,919,000’’. AMENDMENT NO. 49: Page 94, after line 24, of this section, whichever is later. Page 75, strike lines 14 through 17 and in- insert the following new sections: (6) The Secretary shall waive any portion sert ‘‘For expenses necessary for the Advi- of an assessment under paragraph (2) or (3) of sory Council on Historic Preservation, this subsection attributable to that portion $3,063,000’’. SEC. 318. DEFICIT REDUCTION TRUST FUND. of the underreporting for which the person (a) ESTABLISHMENT.—A trust fund known H.R. 1977 responsible for paying the royalty dem- as the ‘‘Deficit Reduction Trust Fund’’ (here- onstrates that— OFFERED BY: MR. SANDERS inafter in this Act referred to as the ‘‘Fund’’) (A) such person had written authorization AMENDMENT NO. 40: Page 55, line 5, strike shall be established in the Treasury of the from the Secretary to report royalty on the ‘‘$384,504,000’’ and insert ‘‘$284,504,000’’. United States. H 6834 CONGRESSIONAL RECORD — HOUSE July 11, 1995

(b) CONTENTS.—The Fund shall consist only SEC. 320. DEFICIT REDUCTION LOCK-BOX PROVI- actment of all general appropriation bills for of amounts contained in the deficit reduc- SIONS OF APPROPRIATION MEAS- the same fiscal year, an amount not to ex- tion lock box provision of any appropriation URES. ceed the amount by which the section 602(a) Act. Such amounts shall be transferred to (a) DEFICIT REDUCTION LOCK-BOX PROVI- allocation of new budget authority exceeds the Fund as specified in subsection (c). SIONS.—Title III of the Congressional Budget the sum of all new budget authority provided (c) TRANSFERS OF MONEYS TO THE FUND.— Act of 1974 is amended by adding at the end by appropriation bills enacted for that fiscal Within 10 days of enactment of any appro- the following new section: year plus that supplemental appropriation priation Act which has a deficit reduction ‘‘DEFICIT REDUCTION LOCK-BOX PROVISIONS OF bill (as reported by that committee). lock box provision, there shall be transferred APPROPRIATION BILLS ‘‘(c) Whenever a Member of either House of from the general fund to the Fund an ‘‘SEC. 314. (a) Any appropriation bill that is Congress offers an amendment (whether in amount equal to that amount. being marked up by the Committee on Ap- subcommittee, committee, or on the floor) (d) USE OF MONEYS IN THE FUND.—Notwith- propriations (or a subcommittee thereof) of to an appropriation bill to reduce spending, standing any other provision of law, the either House shall contain a line item enti- that reduction shall be placed in the deficit amounts in the Fund shall not be available, tled ‘Deficit Reduction Lock-box’. The dollar reduction lock-box unless that Member indi- in any fiscal year, for appropriation, obliga- amount set forth under that heading shall be cates that it is to be utilized for another pro- tion, expenditure, or transfer. an amount equal to the section 602(b)(1) or gram, project, or activity covered by that SEC. 319. DOWNWARD ADJUSTMENTS OF DISCRE- section 302(b)(1) allocations, as the case may bill. If the amendment is agreed to and the TIONARY SPENDING LIMITS. be, to the subcommittee of jurisdiction over reduction was placed in the deficit reduction (a) DOWNWARD ADJUSTMENTS.—The discre- the bill of the Committee on Appropriations lock-box, then the line item entitled ‘Deficit tionary spending limit for new budget au- minus the aggregate level of budget author- Reduction Lock-box’ shall be increased by thority for any fiscal year set forth in sec- ity or outlays contained in the bill being the amount of that reduction. tion 601(a)(2) of the Congressional Budget considered. ‘‘(d) It shall not be in order in the House of Act of 1974, as adjusted in strict conformance ‘‘(b) Whenever the Committee on Appro- Representatives or the Senate to consider a with section 251 of the Balanced Budget and priations of either House reports an appro- conference report that modifies any Deficit Emergency Deficit Control Act of 1985, shall priation bill, that bill shall contain a line Reduction Lock-box provision that is beyond be reduced by the amount of budget author- item entitled ‘Deficit Reduction Account’ the scope of that provision as so committed ity transferred to the Fund for that fiscal comprised of the following: to the conference committee.’’. year under section 2(c), as calculated by the ‘‘(1) Only in the case of any general appro- (b) CONFORMING AMENDMENT.—The table of Director of the Office of Management and priation bill containing the appropriations contents set forth in section 1(b) of the Con- Budget. The adjusted discretionary spending for Treasury and Postal Service (or resolu- gressional Budget and Impoundment Control limit for outlays for that fiscal year and tion making continuing appropriations (if Act of 1974 is amended by inserting after the each outyear as set forth in such section applicable)), an amount equal to the item relating to section 313 the following 601(a)(2) shall be reduced as a result of the amounts by which the discretionary spend- new item: reduction of such budget authority, as cal- ing limit for new budget authority and out- ‘‘Sec. 314. Deficit reduction lock-box provi- culated by the Director of the Office of Man- lays set forth in the most recent OMB se- sions of appropriation meas- agement and Budget based upon such pro- questration preview report pursuant to sec- ures.’’. grammatic and other assumptions set forth tion 601(a)(2) exceed the section 602(a) alloca- in the joint explanatory statement of man- tion for the fiscal year covered by that bill. SEC. 321. CBO TRACKING. agers accompanying the conference report on ‘‘(2) Only in the case of any general appro- Section 202 of the Congressional Budget that bill. All such reductions shall occur on priation bill (or resolution making continu- Act of 1974 is amended by adding at the end the same day that the amounts triggering ing appropriations (if applicable)), an the following new subsection: the reductions are transferred to the Fund. amount not to exceed the amount by which ‘‘(i) SCOREKEEPING ASSISTANCE.—To facili- (b) DEFINITION.—As used in this section, the appropriate section 602 (b) allocation of tate compliance by the Committees on Ap- the term ‘‘appropriation bill’’ means any new budget authority exceeds the amount of propriations with section 314, the Office shall general or special appropriation bill, and any new budget authority provided by that bill score all general appropriation measures as bill or joint resolution making supple- (as reported by that committee). passed the House of Representatives and as mental, deficiency, or continuing appropria- ‘‘(3) Only in the case of any bill making passed the Senate and have such scorecard tions. supplemental appropriations following en- published in the Congressional Record.’’. 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, JULY 11, 1995 No. 111 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9 a.m., on the ex- SCHEDULE ernment’s full support of this crucial piration of the recess, and was called to Mr. CAMPBELL. Mr. President, this project. Otherwise, it would appear order by the President pro tempore morning, the leader time has been re- that the Post is knowingly joining in a [Mr. THURMOND]. served, and there will be a period for deliberate misinformation campaign on morning business until the hour of 9:45 the part of high-dollar environmental PRAYER a.m., with Senators permitted to speak groups seeking to describe the Animas La Plata as one of the last great dam The Chaplain, Dr. Lloyd John up to 10 minutes each. At 9:45 a.m., the projects to be built in the American Ogilvie, offered the following prayer: Senate will resume consideration of S. 343, the regulatory reform bill. Rollcall West. Sovereign God, we all have two There is no dam on the Animas things in common as we begin this day. votes can be expected throughout today’s session of the Senate. Also, the River. There is no dam on the La Plata We all have great concerns, but we also River and there is none planned. Senate will be in recess between the have You, a great Lord, who will help There is, however, a small, off-river hours of 12:30 p.m. and 2:15 p.m. for the us with those concerns. Often, we dam proposed on a small arroyo which worry about loved ones and friends. In weekly policy luncheons to meet. is necessary to create a water storage our work, unfinished projects and unre- f reservoir. The entire project entails a solved perplexities weigh us down. MORNING BUSINESS pumping plant, nothing more, on the Problems in our Nation and world dis- bank of the Animas River at Durango, tress us. Uncertainty about the future, The PRESIDING OFFICER (Mr. CO. and our inability to solve everything, FRIST). Under the previous order, there Under the project plan, water could remind us of our human limitations. now will be a period for the transaction be pumped out of the river and into the We need release from the tension of of morning business, not to extend be- Ridges Basin Reservoir. Pumping trying to manage our burdens on our yond the hour of 9:45 a.m., with Sen- would cease if the water level reaches a own strength. ators permitted to speak therein for certain minimum flow necessary to Help us to hear and accept the psalm- not to exceed 10 minutes each. protect fish. Most water would be ist’s prescription for peace. ‘‘Cast your f pumped during flood stages. The fact is that the Ute Indian Tribes burden on the Lord and He shall sus- ANIMAS LA PLATA tain you’’.—Psalm 55:22. own the senior water rights to the In this quiet moment of liberating Mr. CAMPBELL. Mr. President, I rise Animas, La Plata, and Florida River prayer, we deliberately commit each today to comment on an article which systems—as well as four other rivers— one of our burdens, large or small, into appeared in the June 29, 1995, issue of by virtue of various treaties with the Your gracious care. Help us not to the Washington Post, regarding the U.S. Government. These treaty rights snatch them back. Give us an extra Animas La Plata water storage project have been upheld by the Supreme measure of Your wisdom, insight, and in my home State of Colorado. There Court of the United States when dis- discernment as we tackle the chal- were a great many omissions in that putes have arisen in other States. lenges of this day. Make this a produc- article which, unfortunately, created a Those disputes took the form of expen- tive day in which we live with con- false impression that the Animas La sive and protracted litigation in the fidence that You will guide our think- Plata project was unneeded, which I Federal courts. The tribes and the water districts ing, unravel our difficulties, and em- consider to be very unfair and cer- chose negotiation over litigation. power our decisions. We are ready for tainly untrue. It is especially appropriate that I re- Rather than engage in expensive and the day. We intend to live it with free- spond to that article and the false im- divisive legal battles, the tribes and dom and joy, in Your powerful name. pression it created, since the House of the citizens of Colorado and New Mex- Amen. Representatives is taking up the Inte- ico chose to pursue a negotiated settle- f rior appropriations bill this week. I ment. The Ute Nations agreed to share trust that my colleagues in the House their water with all people. RECOGNITION OF THE ACTING will be advised of my comments today. The people came together in partner- MAJORITY LEADER In fairness to the Washington Post, I ship and cooperation with the Federal The PRESIDENT pro tempore. The will presume that its editors were sim- Government to reach a mutually bene- able Senator from Colorado, the acting ply unaware of several key consider- ficial solution: the Animas La Plata majority leader, is recognized. ations which mandate the Federal Gov- project. Their settlement agreement

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

S 9647 S 9648 CONGRESSIONAL RECORD — SENATE July 11, 1995 was executed on December 10, 1986. The representatives of all of the entities The Animas La Plata project is a Settlement Act was ratified by Con- potentially interested in receiving good deal for the taxpayers. gress and signed into law on November water from the project and environ- The Southern Ute Indians and the 3, 1988. mental groups such as the Sierra Club Ute Mountain Ute Indian Tribes have The Settlement Act is Federal law: and the San Juan Ecological Society. rejected the buyout proposals. Just the law of the land. It also provided a The advisory team met 11 times in a like everyone else in our country, they cost-sharing agreement. 21⁄2-year period. In addition, 10 other simply want decent and reliable water The water districts and the States of public meetings were held with specific supplies—using their own water—for Colorado and New Mexico have ‘‘put groups during that same period. their people. their money where their mouth is’’ and The advisory team evaluated alter- In exchange, all the people of the have already lived up to the terms of natives by comparing critical items for area will benefit. Opponents are appar- these agreements: each alternative; alternatives were ently willing to spend even more tax First, the State of Colorado has: eliminated until the best overall plan dollars to ‘‘buy off’’ the Indians than it Committed $30 million to the settle- was identified. would cost to complete the project. ment of the tribes’ water rights claims; Critical items included: impact on So, as the Washington Post sug- Has expended $6 million to construct wildlife habitat, fisheries, any poten- gested, there are, indeed, ‘‘politics’’ be- a domestic pipeline from the Cortez tial visual degradation, conservation hind the Animas La Plata controversy. municipal water treatment plant to impacts, construction costs, operation I would suggest, however, the politi- the Ute Mountain Ute Indian Reserva- costs, water conservation, river flows cal ‘‘games’’ are not being played by tion at Towaoc; and for rafting and fishery protection, project supporters, but rather by a few Has contributed $5 million to the power usage, recreation, impact on na- elite and select high dollar special in- tribal development funds. tional historic monuments, and others. terest groups—‘‘beltway environ- Second, the U.S. Congress has appro- Over 60 reservoir sites were identified mentalists’’—and their ensconced cro- priated and turned over to the Ute by the team, approximately 20 in the nies in the Department of the Interior Mountain Ute and Southern Ute Indian La Plata River drainage and the re- and the EPA. Tribes $49.5 million as part of their mainder in the Animas River drainage. It is time to end the trail of broken tribal development funds, and The best potential site in the La Plata treaties and fulfill our commitments. Third, water user organizations have River drainage is the Southern Ute Great nations, like great people, keep signed repayment contracts with the Reservoir site included in the 1979 Defi- their words of honor. Bureau of Reclamation. nite Plan Report [DPR]. The Ridges I implore my colleagues in the House The construction of the Animas La Basin Reservoir site was determined to to help us keep our word to the people Plata project is the only missing piece be the best site in the Animas River of Colorado and New Mexico. to the successful implementation of drainage from an engineering and envi- I thank the Chair, and I yield the the settlement agreement and the Set- ronmental perspective. floor. tlement Act. It is time that the U.S. In both La Plata County, CO, and Mr. MURKOWSKI addressed the Government kept its commitment to San Juan County, NM, public elections Chair. the people. were held on Reclamation’s decision to The PRESIDING OFFICER. The Sen- Historically, this country has chosen move forward with the A/LP project. ator from Alaska. to ignore its obligations to our Indian All of the so-called current objec- f people. Members of the Ute Tribe had tions were raised and discussed in pub- been living in a state of poverty that lic forums during the course of the NORMALIZATION OF RELATIONS can only be described as obscene. Their election campaigns in those commu- WITH VIETNAM only source of drinking water was from nities, including the following issues: Mr. MURKOWSKI. Mr. President, it ditches dug in the ground. I find it no analysis of alternatives, adverse im- is my intention to speak on two sub- most distressing that the same groups pact on rafting, no water for the Indi- jects this morning. One is a very time- and special interests who are now ans, reduced flows in the Animas River, ly subject relative to an announcement scrambling to block this project also, ability of farmers to pay for water, ef- that we anticipate will be made today in other contexts, hold themselves out fect on wetlands, and the impact on by the President with regard to rela- as the only real defenders of minority trout and elk habitat. tions between the United States and rights in this country. Hogwash. At the end of the process, the general Vietnam. This project would provide adequate public voted overwhelmingly, on De- I want to commend our President. By water reserves to not only the Ute Na- cember 8, 1987, in La Plata County, CO, moving to establish full diplomatic re- tion, but to people in southwestern and on April 17, 1990, in San Juan Coun- lations with the Government of Viet- Colorado, northern New Mexico, and ty, NM, to endorse Reclamation’s con- nam, the two-decade-long campaign to other downstream users who rely on struction of the A/LP project. obtain the fullest possible accounting this water system for a variety of cru- In a last ditch effort, two environ- of our MIA’s in Southeast Asia really cial needs which range from endan- mental organizations, the Sierra Club now enters a new and more positive gered species protection to safe drink- and the Environmental Defense Fund, phase. ing water in towns and cities—perhaps again raised ‘‘environmental con- I support the President’s decision be- even filling swimming pools for some cerns.’’ Additional meetings were held cause I continue to believe, and the of our critics. to address those unstated concerns and evidence supports, that increased ac- Opponents of the Animas La Plata the groups simply decided not to show cess to Vietnam leads to increased project have alleged that the Bureau of up. When asked why, they just re- progress on the accounting issue. Re- Reclamation [BUREC], has not ade- sponded that they would ‘‘get back to solving the fate of our MIA’s has been quately analyzed alternative projects. us.’’ and will remain the highest priority of That is not true. They never did. our Government. This Nation owes BUREC has performed a thorough Since then, they have chosen to sim- that to the men and the families of the analysis of all reasonable alternatives. ply funnel money into opposition cam- men who made the ultimate sacrifice No new circumstances exist which re- paigns. These groups have no real sug- for their country and for freedom. quire reevaluation of the prior alter- gestions to make. They simply believe In pursuit of that goal, I have person- natives studies. themselves to be somehow more pure, ally traveled to Vietnam on three occa- Exhaustive studies, involving exten- environmentally, than anyone else. sions. I held over 40 hours of hearings sive public participation have dem- The only alternative these groups on that subject as chairman of the Vet- onstrated that there is no realistic al- suggest is to ‘‘buy off’’ the Indians. Of erans’ Committee back in 1986. I think ternative to the Animas La Plata course, the proposed ‘‘buy off’’ would the comparison between the situation project. be funded by hundreds of millions of in 1986 and today is truly a dramatic This public alternatives process in- taxpayer dollars but the groups do not one. In 1986, I was appalled to learn volved an advisory team consisting of care about that. that we had no first-hand information July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9649 about the fate of POW/MIA’s because tailed and informative reports’’ pro- that is currently before this body, reg- we had no access to the Vietnamese vided so far by the Government of Viet- ulatory reform. Government, to its military archives nam on missing Americans. Very briefly, we have been reviewing or to its prisons. We could not travel to During the post-embargo period, the some of the principles associated with crash sites. We had no opportunity to Vietnamese Government cooperated on regulatory reform. I would like to talk interview Vietnamese individuals or of- other issues as well, including resolv- a little bit about risk assessment this ficials. ing millions of dollars of diplomatic morning and some guidelines for which All of this has now changed. Amer- property and private claims of Ameri- the applicability of risk assessment ican Joint Task Force-Full Accounting cans who lost property at the end of should be used, and why it can be very, (JTF–FA) personnel located in Hanoi the war. very helpful as we address the respon- now have access to Vietnam’s Govern- While we have made progress, Ameri- sibility of determining which policies ment, to its military archives, and to cans should not be satisfied by any make sense and which policies are re- its prisons. They now travel freely to means. But there are limits to the redundant and costly and inefficient. crash sites and interview Vietnamese sults we can obtain by continuing a If we establish principles for risk as- citizens and individuals. The extent of policy which, even though modified, re- sessment, some of the bases for evalua- United States access is illustrated by mains rooted in the past and is still tion should include the following: an excavation last month that involved dominated by the principle of isola- First, the use of sound science and overturning a Vietnamese gravesite. tion. I think we have reached that analysis as the basis for conclusions As a result of these developments, limit, Mr. President. It is time to try a about risk. the overall number of MIA’s in Viet- policy of full engagement. Second, to use the appropriate level nam has been reduced to 1,621 through Recognizing Vietnam does not mean of detail for any analysis. a painstaking identification process. forgetting our MIA’s, by any means. Third, to use postulates, or assump- Most of the missing involve men lost Recognizing Vietnam does not mean tions, only when actual data is not over water or in other circumstances that we agree with the policies of the available. where survival was doubtful and where Government of Vietnam. But recogniz- Fourth, to not express risk as a sin- recovery of remains is difficult or un- ing Vietnam does help us promote gle, high-end estimate that uses the likely. Significantly, the number of basic American values, such as free- worst-case scenario. discrepancy cases—the cases of those dom, democracy, human rights, and I think we have all heard horror sto- servicemen where the available infor- the marketplace. When Americans go ries about various cases where applica- mation indicated that either the indi- abroad or export their products, we ex- tions are promoted and promulgated, vidual survived or could have sur- port an idea, a philosophy, and a gov- and over an extended period of time, vived—has been reduced from 196 to 55. ernment. We export the very ideals when much expenditure has taken The remaining 55 cases have been in- that Americans went to fight for in place in evaluating the prospects for a vestigated at least once, and some sev- Vietnam. particular approval, we find that the eral times. We justify most-favored-nation sta- agency has evaluated under a worst- Much, if not most, of this progress tus for China for many reasons, one of case basis. If we, in our daily lives, has come since 1991 when President which is that it allows us a means to were to make our decisions based on a Bush established an office in Hanoi de- interact and to communicate with the worst-case scenario, we probably would voted to resolving the fate of our Chinese in an attempt to bring about not get out of bed in the morning. As a MIA’s. Opening this office ended al- change in China. The same application consequence, to reach that kind of an most two decades of isolation, a policy is appropriate for Vietnam. evaluation is clearly misleading, in which failed to achieve America’s Moreover, diplomatic relations give many cases, to the applicant that goals. us greater latitude to use the carrot It is an understatement to say that never would have proceeded with a re- and stick approach. Diplomatic, eco- our efforts to resolve the fates of our quest for approval from the various nomic, and cultural relations should MIA’s from the Vietnam war have con- agencies if the applicant had assumed flourish, but we retain leverage be- stituted the most extensive such ac- that the agency would come down to cause Vietnam still seeks most-fa- counting in the history of human war- the worst-case basis. vored-nation status and other trading fare. Oftentimes the agency will follow a privileges which the United States con- There are over 8,000 remaining MIA’s particular line to reach a worst-case trols. from the Korean war. A large number basis, and after expending a great deal of those are believed to have perished Establishing diplomatic relations of money and time, they look at anin North Korea, and we have had little should also advance other important other alternative, but only at the con- cooperation from the Government of U.S. goals. A prosperous, stable, and clusion of reaching a worst-case sce- North Korea on that issue. There are friendly Vietnam integrated into the nario. So there are other opportunities over 78,000 remaining MIA’s from World international community will serve as that should be pursued with regard to War II. These are wars where we were an important impediment to Chinese that. victorious and controlled the battle- expansionism. Normalization should Further, some of the other principles field. So I find it ironic that we have offer new opportunities for the United for risk assessment would require com- already moved to set up liaison offices States to promote respect for human paring the risk to others that people in North Korea when that Government rights in Vietnam. Finally, competi- encounter every day to place it in a has not agreed to the joint operation tive United States businesses which perspective. I could speak at some teams that have been used successfully have entered the Vietnamese market length on that, but I think that is obvi- in Vietnam. Nor has North Korea after the lifting of the trade embargo ous to all of us. granted access to archives, gravesites, will have greater success with the full Further, to describe the new or sub- or former POW camps. Vietnam, on the faith and confidence of the United stitute risks that will be created if the other hand, has worked steadily over States Government behind them. risk in question is regulated. the last 4 years to meet the vigorous Mr. President, let me conclude by Use independent and external peer re- goal posts laid down by successive saying that I hope this step will con- view to evaluate risk results. United States administrations. tinue this country’s healing process. I Finally, to provide appropriate op- In 1993, opponents of ending our iso- think the time has come to treat Viet- portunities for public participation. lationist policy argued that lifting the nam as a country and not as a war. So what we are talking about here is trade embargo would mean an end to f improved risk assessment, which helps Vietnamese cooperation. This is dis- the homeowners, farmer, small busi- tinctly not the case. As the Pentagon PRINCIPLES FOR RISK ness, taxpayers, consumers—all Ameri- assessment from the Presidential dele- ASSESSMENT cans. To conclude, risk reduction gation’s recent trip to Vietnam notes, Mr. MURKOWSKI. Mr. President, I equals benefit. the records offered are ‘‘the most de- want to talk briefly about the matter I thank the Chair and yield the floor. S 9650 CONGRESSIONAL RECORD — SENATE July 11, 1995 COMPREHENSIVE REGULATORY also the dean of the Senate for the Washington, DC. Nothing demonstrates REFORM ACT statement that he made. that arrogance more than the volumes Mr. THURMOND. Mr. President, I Senator THURMOND has been in this of one-size-fits-all regulations which rise today in support of S. 343, the Senate a long time. He has seen the pour out of this city and impact on the Comprehensive Regulatory Reform Act evolution of the regulations that have daily life of the American people. of 1995. Regulatory reform is a critical come as a result of the laws that are The regulators in Washington, it issue which the Congress should act on passed by Congress. seems, believe that everyone can fit promptly in order to significantly ben- I think the Senator from South Caro- into one cookie-cutter mold. They do efit our Nation. lina is saying that the regulators have not take into account the different sit- When unnecessary regulations are gone far beyond congressional intent. uations in each business, in each State, avoided or eliminated, American pro- He believes, as I do, that we must bring in each city, and the things that might duction will be more competitive and back the regulators, tell them what be affecting safety or whatever the reg- provide more jobs for American work- our congressional intent is, and try to ulation is covering in that city. ers. With true regulatory reform, bring some balance into the system. I believe the voters went to the polls I thank the senior Senator from American consumers will have more because they felt harassed by their South Carolina for his leadership in choices at lower prices. Government, the Government that is- this area and appreciate very much We all are concerned that the health sues regulations without any thought that, with his long experience, he and safety of Americans not be com- of the impact on the small businesses would weigh in on behalf of this bill. In promised. By using more common of this country. fact, it is a very important bill. You just do not feel the pinch of sense, however, our Nation can achieve One issue about which all Members being a small business person unless the same level of health and safety at have heard from our constituents over you have been there, unless you have far lower costs. Avoiding unnecessary and over again is the need for fun- lived with the regulations and the regulations frees up our economic re- damental reform of the tortured and mandates and the taxes that our small sources to be used for more important increasingly tangled web of Federal business people live with every day. purposes. Every billion dollars saved by overregulation. Our small business people, Mr. Presi- avoiding wasteful regulations is a bil- Congress passes laws. We delegate dent, are the economic engine of this lion dollars that the private sector can their implementation to regulators. If country. Government is not the eco- invest in new enterprises and new jobs. the regulators do not do what is envi- nomic engine of America. Small busi- This will generate additional revenues sioned by Congress, it is our respon- ness is. They create 80 percent of the to bolster our national defense, edu- sibility to step in. new jobs in this country. Sometimes cation, crime reduction, and other pri- In recent months, I have spoken on they feel like their Government is try- orities. the floor of the Senate offering exam- ing to keep them from growing and The principle of applying cost-benefit ples of Federal Government overregu- prospering and creating new jobs. analysis and risk assessment to Gov- lation and unintended consequences of If they do not grow and prosper and ernment regulations is hard to seri- regulatory excess that puts Americans create new jobs, how are we going to ously dispute. It is based on the simple out of work. It usurps our constitu- absorb the new people coming into our concept that the Government should tional rights. It saps our productivity. economic system, the young people not impose rules and regulations unless It saps our economic competitiveness. graduating from college, the immi- the benefits justify all the costs. The Americans have a right to expect grants who are coming into our coun- legislation which we are now consider- their Government to work for them, try? How are we going to absorb them ing has been through numerous drafts not against them. Instead, Americans if we continue to force our small busi- and compromises in order to achieve have to fight their Government in nesses to put money into regulatory this purpose. order to drive their cars, graze cattle compliance and redtape and filling out The bill articulates standards by on their ranches, or operate their small forms, instead of into the business to which the costs and benefits of regula- businesses in a reasonable, common- buy new machines that create new tions are to be compared, and provides sense manner. jobs. That is the issue we are talking for judicial review of actions by the I hear this every time I go home, or about today. Government. The bill applies not only when I go to other States. The people When I meet with small business peo- to new regulations as they are formu- of this country are tired of the harass- ple, men and women across our coun- lated, but also to existing rules. The ment of their Government, and I think try, complaints about excessive Fed- legislation applies to relatively large that was the message they sent in No- eral regulations are always at the top regulations, which impose substantial vember 1994. of their list. In fact, a few weeks ago costs. Importantly, risk assessments The legislation before the Senate the White House hosted a conference are standardized and must rely on the today provides lawmakers with a tool on small business and, according to best available science. for ensuring that Federal agencies are those with whom I spoke who went to Mr. President, it is my belief that the carrying out Congress’ regulatory in- the conference, no one issue and no one principles in S. 343 are vital for this tent properly and within the confines agency energized the participants more Nation. Great effort has been put forth of Congress and no farther. Agencies than the need for comprehensive regu- to bring the bill to this point, and ev- have gotten into the habit of issuing latory reform. eryone involved in moving this bill for- regulations which go far beyond the in- They talk about taxes, yes. But, ward deserves our thanks. tended purpose of the authorizing legis- mostly, those small business people For all of these reasons, I urge my lation. This bill is simply an extension say, ‘‘If you will get the regulations off colleagues to support this regulatory of the system of checks and balances our backs so we can compete, that’s reform legislation. which has served our country so well when we will be able to throw the In closing, Mr. President, I wish to for more than two centuries. shackles off and grow and prosper and commend the able Senator from Texas Senator THURMOND has not been here create the new jobs for our country.’’ [Mrs. HUTCHISON] for the great job she for all two centuries, but we all know So, Mr. President, I am proud to be a has done on this important matter, that it has gotten out of whack since cosponsor of the Comprehensive Regu- which will be of such benefit to our Na- Senator THURMOND has been in this latory Reform Act of 1995. This bill is tion. Senate, and most certainly in the last necessary to get the regulatory process I yield the floor. 10 years, or 5 years, we have seen the under control. The Republican major- f balance go in the wrong direction. It is ity of this Congress recognizes that the time to put the balance back in our problems that business owners face are FEDERAL OVERREGULATION Government and the ability of our Gov- hurting our country and we are com- Mrs. HUTCHISON. Thank you, Mr. ernment to regulate our people. mitted to doing something about it. We President. I want to commend the sen- In November, the voters sent a mes- are committed to regulatory reform ior Senator from South Carolina and sage: We are tired of the arrogance of legislation that will establish a flexible July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9651 decisionmaking framework for Federal of the regulatory burden imposed on chine. We find that there are also infra- agents, so they know what the param- consumers by the Federal Government. red rays that will pick up at an entry eters are. We need to make our con- Is the price increase, necessitated by ramp the emissions that do not meet gressional intent very clear. the regulation, to people who are in the the test. We have an experiment that is Some of the regulators might have grocery store, worth the benefit to be in the works right now that would give gotten out of control unwittingly. gained? And, further, will the benefit us the ability to buy some time and in Maybe we were not clear enough. Con- actually be gained? That is a question a much more cost-efficient way with gress has passed broad, general sorts of that is not asked. Will the regulation much less hassle for the consumers of guidelines in the past. Maybe it is time actually achieve the purpose that it is the cities all across America that are we pass laws that are specific, so the supposed to achieve? That is a very im- in the noncontainment areas. We could regulators have no doubts. I think that portant, basic concept, and that is have something just as effective for is our responsibility, and this bill will what a cost-benefit analysis does. them at a much less cost. That is what take a step in that direction. I want to talk more about cost-bene- risk assessment and cost-benefit analy- We need to increase public participa- fit analysis because there have been sis will do for our country and for the tion in the regulatory decisionmaking some studies done that show that we regulators. process. That is what this bill will do. can spend $900 million to possibly save Judicial review. Without judicial re- It will bring in peer groups to talk one life when we could take the same view, there is no way to ensure that about the effects of the regulations so $900 million and assure that we would the Federal agencies will use the risk the regulators will know if there is a save hundreds of lives in other ways. assessment and the cost-benefit analy- scientific basis for this regulation, if So it becomes a matter of how we sis to write the regulations. I mean, we really need it, how does it affect the spend our resources. How will it benefit that is what we have to have. We have workplace, the marketplace, worker the most people? And that is what to have the leverage that is out there safety, worker harassment—that is bringing common sense into the sys- so that we will be able to go to the what this bill will speak to. tem will do. judges and say, ‘‘Did we meet the It will require political and judicial Risk assessment is an important standard that is required under the accountability. If you do not have judi- complement to cost-benefit analysis. law?’’ And Congress is being specific cial accountability, there will not be The problem with the current regu- about congressional intent. any teeth in this law. So we will have latory process is that it often focuses Good science, open science. It is im- the ability to have judicial review, to on minor risks while ignoring far portant that we have the scientific see if the regulation meets the test of greater threats to public health and basis for these regulations because we the law that is passed. safety. There are many risks to public do not know for sure in many instances This bill will require the regulators health and, without effective risk as- that there really is good, sound science to ask and answer the questions, ‘‘Is sessment, funds available to address in the sunshine in the regulations that the regulation worth the cost?’’ And, these risks will be needlessly squan- are put forth. ‘‘Does this approach maximize the ben- dered on questionable programs that do This we assured in the bill with peer efits to society as a whole?’’ That is little to really promote public health review. In most cases today, the sci- what the basic concept of this bill is. and safety and environmental protec- entific and technical assessment on We have heard a lot about food safe- tion. ty. That is something the press has In my home State of Texas we had which regulations are based are not really talked about in the last couple the incredible experience of having a subjected to independent external peer of days. They have shown meatpacking new mandate put on the citizens of review. As a result, the scientific and plants and talked about the E. coli Dallas and Houston and El Paso and technical underpinnings of agency ac- virus and the things that might happen Beaumont—cities that were in non- tions that may have enormous con- if we have regulatory reform that will attainment areas for air quality, cities sequences often are not adequately require the things we are talking that are trying desperately to do some- tested. Regulation reform is necessary about. thing about it. El Paso has tried in to assure that there will be an inde- The fact is, food safety is exempt every way to clean its air. But, because pendent external peer review. We can from this bill. It is not spoken to. It is there is smoke coming across the bor- get many of the scientists that under- exempt because no one wants to worry der from Juarez, they are not able to stand these issues to be on a peer re- about the safety of our food. So it is do anything. And it is not their fault. view panel to make sure that we have very important, as we look at the press Nevertheless, they were put under a the ability to say absolutely for cer- that is going to be coming out of this mandate to have a vehicles emissions tain this regulation will accomplish bill, that we realize there are some test by a certain specific machine that what it is intended to accomplish. So very important exceptions because we would possibly, we are told, have regulation reform will reduce the bur- want to make sure we do not do some- cleaned the air maybe 0.5 percent— den of unnecessary Federal regulation. thing that is going to hurt the health maybe, rather than with other types of Requiring cost-benefit analysis, risk or welfare of the people of this country. machines that are much cheaper, that assessment, judicial review, and the No, the Regulatory Reform Act of would not have required the hassle to threat of congressional action will go a 1995 is trying to put balance and com- every consumer in those cities, and long way toward ensuring common mon sense back into the system. We which would have done much the same sense in the promulgation of Federal have survived in this country for 2 cen- but at much less cost. And it was not regulations. turies with a balanced approach. It is even proven that was the only machine There will be the ability in this bill only in the last 5 or 10 years that we that would be able to detect these for Congress to have 60 days to review have gone so far in the direction of ex- emissions. Yet we had the requirement any regulation and turn it back. That cesses that we must now say to our that we had to go to certain centers is a very important point. It is very business people, ‘‘We are going to try with just that machine, and the cost important that Congress will be able to to put some common sense into this was in the hundreds of millions of dol- come in and say to regulators that equation. We are going to put people lars to the consumers of Texas. We they have gone beyond what we in- ahead of blind salamanders.’’ That is were faced with doing that because of tended. That is the ultimate respon- the purpose of this act. dealing with the EPA and not being sibility of Congress, and it is one that The key principle embodied in this able to have the flexibility to do what we must take. bill is cost-benefit analysis. Is it worth we could in a cost-beneficial manner. So, Mr. President, we are beginning it? The premise is simple. Before an We are all trying to clean up the air. now to set the framework in this de- agency promulgates a regulation, it Of course, we are. But how much is bate. There has been a lot of hot air in systematically measures the benefits going to be the cost to possibly get a the last week about what might happen of the regulation and compares those 0.5-percent benefit to the air quality? if we do not have this ability to come benefits to the costs. This analysis al- And we are not even sure that it was in and put checks on the system. A lot lows a full and complete understanding necessary just to have that one ma- has been said about what will happen if S 9652 CONGRESSIONAL RECORD — SENATE July 11, 1995 we put some checks and balances in the ment assistance for entrepreneurial ac- ery. He has left us richer for his cour- system. tivities. age and perseverance. For all the ex- Mr. President, I think this is a great Paul H. Henson’s distinguished busi- traordinary gifts he possessed and step for the small business people of ness career and his reinvestment in the shared with us, we are grateful. We will this country, and I am proud that the community through support of the hu- miss him. sponsors of the bill have done such a manitarian initiatives championed by f terrific job on a bipartisan basis to the CARE Foundation have rightly help the small business people of our earned him the distinction of being ONE HUNDRED AND TWENTY-FIVE country compete. awarded the Foundation’s Inter- YEARS OF COPYRIGHT IN THE Mr. President, I will stop here be- national Humanitarian Award. LIBRARY OF CONGRESS cause I know that at 9:45 they are f Mr. HATCH. Mr. President, I rise going to propose another amendment. today to recognize the 125th anniver- But I just want to thank the managers IN MEMORY OF WHITE EAGLE sary of the act of 1870 which estab- of the bill, the sponsors of the bill, and Mr. PRESSLER. Mr. President, last lished our first central national copy- the leadership for taking this very im- Friday, the operatic tenor White Eagle right registration and deposit system portant step to free our businesses to passed away at age 43. My wife, Harriet by bringing it into the Library of Con- compete in the international market- and I join with countless others from gress. Last Saturday marked the anni- place and for our small businesses to be around the world in expressing our con- versary of the act being signed into law able to grow and prosper and create the dolences to his friends and family. Our and today Librarian of Congress James jobs that are going to keep this econ- Nation has lost an exemplary individ- Billington and Register of Copyrights omy vital for the new people and to ual who had an extraordinary voice. Marybeth Peters are hosting a program keep the young people graduating from White Eagle was a Lakota. His to honor the employees of the Copy- high school and college employed. That Lakota name was Wanbli ska. He first right Office for the work they do both is the goal, Mr. President. sang in public in his father’s church. for our national copyright system and I thank the Chair. I yield the floor. He was only 5 years old. It was the the Library. f voice of the great Mario Lanza that in- Article 1 of the Constitution grants spired the young White Eagle to be- Congress the power to ‘‘promote HONORING THE HUMANITARIAN come an opera singer. In 1985, he grad- Science * * *’’, or knowledge, by grant- EFFORTS OF PAUL H. HENSON uated from the Merola Opera Program ing authors, for a limited time, exclu- Mr. ASHCROFT. Mr. President, at the San Francisco Opera. He went sive rights in their writings. The intent today I am proud to honor a man who on to perform with the Pennsylvania of the Framers was to increase the has distinguished himself in business, Opera Theater, the Florentine Opera, knowledge of the people by encourag- as a civic leader, a caring neighbor, and the Western Opera Theater, the Cleve- ing authors to create works. The first a friend to those in need. Mr. Paul H. land Opera, and the Skylight Comic copyright law, enacted in 1790, re- Henson will soon be awarded the Inter- Opera. flected that purpose in its title: ‘‘An national Humanitarian Award by the Many of my friends and colleagues act for the Encouragement of Learning CARE Foundation at its 50th Anniver- here in Washington should remember * * * ’’. The 1790 act also established a sary International Humanitarian well White Eagle’s rich tenor voice. In system of copyright registration where Award dinner. Mr. Henson was nomi- 1989, White Eagle performed the finale a person wishing to register a work did nated for the award for his sustained at the Inaugural Gala for President so in the nearest Federal court and support of humanitarian causes, for his George Bush. Two years later, the sent a copy of the work to the Sec- community foresight, and for his busi- President and I had the opportunity to retary of State in the Nation’s Capital. ness ingenuity. It is with much pleas- hear and appreciate his extraordinary The registration statute changed ure that I add my voice to the scores of talent at the Golden Anniversary of somewhat after 1790, but it was not others praising Mr. Henson for his ef- the Mount Rushmore National Memo- until 1870 that Congress passed legisla- forts to aid the world’s poor and help rial. And in 1993, he debuted in Carne- tion which established the Library of them achieve social and economic well- gie Hall, and was inducted into the Congress as the first central agency being. South Dakota Hall of Fame as Artist of which would both perform the copy- Mr. Henson began his successful ca- the Year. right registration function and serve as reer in the telecommunications indus- I am pleased that a scholarship fund the custodian of copyright deposits in try as a groundman for the Lincoln has been established in his name. It is the United States. Telephone Co., in his native State of a fitting remembrance of his spirit, his The 1870 act allowed for a national Nebraska. After attaining the position leadership, and his legacy as a role system of copyright registration with of chief engineer, Mr. Henson moved to model for native American youth. improved efficiency for the Federal United Telecom—now Sprint—in Kan- It is said that a man’s talents are a Government, for authors and artists, sas City. In 1964, at the age of 38, he be- mere extension of his soul. That is cer- and for publishers. Works submitted came president of United and began to tainly true of White Eagle. The for copyright registration were sent to implement an aggressive leadership strength, the beauty, and the richness one location and could be carefully re- and expansion strategy to transform of his voice were a reflection of his corded and cataloged. For the first the predominantly rural telephone character, and the values of the Lakota time, a copy could be used as both a company into an international commu- Sioux—the values of bravery, integrity, record of registration and as a resource nications force. Henson presided over wisdom, determination, and generos- available to future generations of the construction of the first—and still ity. His voice moved us all. Americans. the only—nationwide 100 percent digi- Mr. President, White Eagle exempli- In addition to strengthening our tal, fiber-optic network and made it fied those values yet again when, in copyright registration system, the 1870 the centerpiece of the company’s long- 1990, he was diagnosed with AIDS. act also ensured that the Library of distance strategy. After his leadership After he made his illness public, he be- Congress would be the recipient of the of Sprint for 25 years, the company came a tireless advocate for AIDS tremendous amount of material sub- now claims over 6 million local tele- awareness. His role as advocate was mitted for copyright registration. The phone customers, 97 percent of which equal to his role as artist, because 1870 act put the Library on a path to are digitally switched. through his voice, through his mes- becoming the greatest repository of Mr. Henson currently serves as chair- sage, he brought people together. His knowledge in the world. To this day, man of the board and chairman of the last years are a reminder to each of us the Library relies on the works it re- executive committee of Kansas City of the capacity in ourselves to reach ceives through copyright. Southern Industries, Inc. He has also out to family and friends in times of The Copyright Office, a part of the formed Kansas City Equity Partners, human struggle and suffering. Library, provides Congress with non- L.C., a venture capital fund dedicated White Eagle left us in the manner he partisan analysis of copyright law and to providing seed capital and manage- lived among us—with dignity and brav- implements all aspects of this law. It July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9653 also serves as a valuable resource to the Army (in the case of a violation of sec- Mr. President, back to the pop quiz: the domestic and international copy- tion 404), or the State determines that the How many million in a trillion? There right communities. The Office registers unit of local government is not carrying out are a million million in a trillion. almost 600,000 works a year. the compliance plan in good faith. ‘‘(3) OTHER ENFORCEMENT.—A waiver of f Copyright has been a critical element penalties provided under paragraph (1) shall of American creative and economic life not apply with respect to a violation of any THE 50TH SITTING BULL since the beginning of our Nation. provision of this Act other than the provi- STAMPEDE Today, our core copyright industries sion that is the subject of the agreement de- Mr. PRESSLER. Mr. President, last have become an increasingly important scribed in paragraph (1)(A).’’. week marked the 50th Annual Sitting part of our national economy and a Bull Stampede in Mobridge, SD. People major area of our international trade WASHINGTON, DC, June 27, 1995. from across the State and Nation relationships. We in the Congress must DEAR COLLEAGUE: When the Senate begins joined together in celebrating a long- continually ensure that the basic prin- consideration of S. 343, the Regulatory Re- standing tradition which first began in ciples of copyright remain applicable form Bill, I intend to offer an amendment to 1946. The stampede has a long and to a scientific and creative world in lift the unfair burden of excessive civil pen- colorful history, and it serves to re- which technology changes very rapidly. alties from the backs of local governments mind people of South Dakota’s proud I would like to join the Librarian and that are working in good faith with the heritage. the Register in saluting the work of Clean Water Act. Under current law, civil penalties begin to It is appropriate that the Sitting the Copyright Office and its staff on accumulate the moment a local government Bull Stampede is named after the this day and in paying tribute to the violates the Clean Water Act. Once this hap- famed Sioux leader. The multicultural important services they provide in pens, the law requires that the local govern- diversity of the event recognizes the keeping our copyright system strong ment present a Municipal Compliance Plan contributions of both native Americans and adaptive to change. for approval by the Administrator of the En- and non-native Americans to South f vironmental Protection Agency (EPA), or Dakota in the last century. As my col- the Secretary of the Army in cases of Sec- leagues know, Sitting Bull was a fa- REGULATORY REFORM tion 404 violations. However, even after a compliance plan has been approved, pen- mous leader and medicine man of the Mr. PRESSLER. Mr. President, dur- alties continue to accumulate. In effect, ex- Lakota people. This native American ing consideration of S. 343, the Regu- isting law actually punishes local govern- hero was born in the Mobridge area and latory Reform Act, I intend to offer an ments while they are trying to comply with lived there for much of his life. His re- amendment to waive administrative the law. mains are buried on a nearby bluff and civil penalties for local govern- Under my amendment, local governments overlooking the Missouri River. ments when Federal water pollution would stop accumulating civil and adminis- The Sitting Bull Stampede began as control compliance plans are in effect. trative penalties once a Municipal Compli- ance Plan has been negotiated and the local- a small rodeo organized by a group of I believe this amendment is a simple ity is acting in good faith to carry out the cowboys. As the rodeo became more issue of fairness to local governments plan. Further, my amendment would act as successful, the stampede began to take and I urge my colleagues to join me in an incentive to encourage governments to on a cultural focus. Last week’s cele- supporting this amendment. I ask move quickly to achieve compliance with bration was one of the biggest thus far, unanimous consent that my amend- the Clean Water Act. complete with parades, rodeos, a car- ment be printed in the RECORD, along This amendment is a simple issue of fair- nival, and many other festivities. More ness. Local governments must operate with a with my ‘‘Dear Colleague’’ letter. than 400 contestants competed in this There being no objection, the mate- limited pool of resources. Localities should not have to devote their tax revenue to pen- year’s rodeo. Miss Rodeo America, Jen- rial was ordered to be printed in the alties, while having to comply with the law. nifer Douglas, was on hand to assist in RECORD, as follows: Rather, by discontinuing burdensome pen- the crowning of this year’s stampede AMENDMENT NO. — alties, local governments can better con- queen, Anne Lopez of Keldron. At the appropriate place, insert the follow- centrate their resources to meet the intent Mr. President, I am very proud of the ing: of the law in protecting our water resources accomplishments of the people of the SEC. . WAIVER OF PENALTIES WHEN FEDERAL from pollution. Mobridge area in planning such a tre- I hope you will join me in supporting this WATER POLLUTION CONTROL ACT mendous event. The Sitting Bull Stam- COMPLIANCE PLANS ARE IN EF- commonsense amendment for our towns and FECT. cities. If you have any questions or wish to pede brings two cultures of our State Section 309 of the Federal Water Pollution cosponsor this amendment, please feel free together. It reminds us not to forget Control Act (33 U.S.C. 1319) is amended by to have a member of your staff contact our past as we progress into the future. adding at the end the following: Quinn Mast of my staff at 4–5842. I extend my best wishes to the citizens ‘‘(h) WAIVER OF PENALTIES WHEN COMPLI- Sincerely, of Mobridge and all who participated in ANCE PLANS ARE IN EFFECT.— LARRY PRESSLER, this year’s events. ‘‘(1) IN GENERAL.—Except as provided in United States Senator. f paragraph (2), notwithstanding any other f provision of this Act, no civil or administrative penalty may be imposed under this Act WAS CONGRESS IRRESPONSIBLE? CONCLUSION OF MORNING against a unit of local government for a vio- LOOK AT THE ARITHMETIC BUSINESS lation of a provision of this Act (including a Mr. HELMS. Mr. President, before The PRESIDING OFFICER. Morning violation of a condition of a permit issued business is closed. under this Act)— contemplating today’s bad news about ‘‘(A) if the unit of local government has en- the Federal debt, let us have ‘‘another f tered into an agreement with the Adminis- go,’’ as the British put it, with our lit- COMPREHENSIVE REGULATORY trator, the Secretary of the Army (in the tle pop quiz. Remember—one question, REFORM ACT case of a violation of section 404), or the one answer. State to carry out a compliance plan with The question: How many million dol- The PRESIDING OFFICER. Under respect to a prior violation of the provision the previous order, the Senate will now by the unit of local government; and lars in a trillion dollars? (While you ‘‘(B) during the period— are arriving at an answer, bear in mind resume consideration of S. 343, which ‘‘(i) beginning on the date on which the that it was the U.S. Congress that ran the clerk will report. unit of local government and the Adminis- up the Federal debt that now exceeds The assistant legislative clerk read trator, the Secretary of the Army (in the $4.9 trillion.) as follows: case of a violation of section 404), or the To be exact, as of the close of busi- A bill (S. 343) to reform the regulatory State enter into the agreement; and ness yesterday, Monday, July 10, the process and for other purposes. ‘‘(ii) ending on the date on which the unit exact Federal debt—down to the of local government is required to be in com- The Senate resumed consideration of pliance with the provision under the plan. penny—stood at $4,924,014,991,181.29. the bill. ‘‘(2) REQUIREMENT OF GOOD FAITH.—Para- This means that, on a per capita basis, Pending: graph (1) shall not apply during any period in every man, woman, and child in Amer- Dole amendment No. 1487, in the nature of which the Administrator, the Secretary of ica now owes $18,691.65. a substitute. S 9654 CONGRESSIONAL RECORD — SENATE July 11, 1995 Mr. HATCH addressed the Chair. Federal regulatory system and to im- which has been determined to be sub- The PRESIDING OFFICER. The Sen- prove the rulemaking process of public ject to the Regulatory Flexibility Act ator from Utah. notice and comment. The Judiciary be considered a major rule for the pur- Mr. HATCH. Mr. President, I suggest Committee report at that time found poses of cost benefit analysis and peri- the absence of a quorum. that the ‘‘dramatic costs of regulation odic review. Agencies frequently pro- The PRESIDING OFFICER. The suggest that we may be expending our pose rules whose annual economic im- clerk will call the roll. limited resources on uncertain regu- pact would not rise to the $50 million The assistant legislative clerk pro- latory remedies for various costs at a threshold set by this bill, but those ceeded to call the roll. significant human cost by depriving rules can and do place significant bur- Mr. HEFLIN. Mr. President, I ask other vital interests of these re- dens on small businesses. The Nunn unanimous consent that the order for sources.’’ amendment will assure that cost bene- the quorum call be rescinded. The 1982 report found that annual fit analysis benefit small businesses. The PRESIDING OFFICER. Without compliance costs of Federal regulation, I might add that the substitute ex- objection, it is so ordered. that is, costs which are borne by those empts from the definition of ‘‘rule’’ Mr. HATCH. Mr. President, will the who must comply with regulations, those rules which related to future Senator yield? were running ‘‘at more than $100 bil- rates, wages, prices, monetary policy, Mr. HEFLIN. Yes. lion a year.’’ The 1995 report from the Mr. HATCH. I ask unanimous consent protection of deposit insurance funds, Judiciary Committee concludes that that no amendment be filed until Sen- farm credit insurance funds, or rate these costs are now approximately $542 proceedings of the Federal Energy Reg- ator DOLE has an opportunity to get billion. Congress must act to address here from the wings. ulatory Commission. The PRESIDING OFFICER. Without this problem. Once an agency has determined that objection, it is so ordered. RULEMAKING a rule is a major rule, the agency must Mr. HEFLIN. Mr. President, I am I note that the first part of the sub- conduct a cost-benefit analysis to dem- pleased to support and cosponsor S. 343, stitute incorporates many procedural onstrate that, based on the rulemaking the Comprehensive Regulatory Reform improvements to section 553 of the Ad- record as a whole, the benefits justify Act of 1995. The time has come for ministrative Procedure Act which de- the costs and that the rule imposes the meaningful regulatory reform and for fines the rulemaking process. This sec- least cost of any of the reasonable al- the Congress to exercise its legitimate tion substantially incorporates and up- ternatives that the agency has the dis- legislative function to set statutory dates the provisions of S. 1080. cretion to adopt. Quite simply put, this standards to guide Federal agencies This section requires public notice of means that if a Chevrolet will get you with regard to their rulemaking au- proposed rulemaking in the Federal to your goal, pick it and not the Cad- thority. Register and expands the amount of in- illac model. Since my term as chief justice of the formation which must be given by an AGENCY REVIEW AND PETITION Alabama Supreme Court when I and agency to the public so that it can ade- The next section of this substitute others set out to reform Alabama’s an- quately comment on the proposal. An requires each agency to publish a list tiquated judicial system, I learned that exemption is established from this re- of existing rules, general statements of true reform never comes easy. En- quirement where such a proposed rule policy, or guidances that have the force trenched bureaucracy and vested inter- would be ‘‘contrary to an important and effect of rules, that the agency est groups will fight you every inch of public interest or has an insignificant deems to be appropriate for review, and the way, as I know they are now doing. impact.’’ each agency must publish a schedule President Clinton acknowledged the There are other provisions which are for systematic agency review of those need for regulatory reform in a speech too numerous to mention, but this sec- rules. The agency schedule shall pro- on March 16 of this year when he called tion is strongly supported by many pose deadlines for review of each rule for common sense in approaching regu- legal scholars and the American Bar and the deadlines will occur not later latory reform. He said, and I agree, Association. than 11 years from the initial schedule that ‘‘government can be as innovative ANALYSIS OF AGENCY RULES established by the agency. This time- as the best of our private sector busi- The second section of the substitute frame, to me, is a reasonable one and nesses. It can discard volume after vol- deals with the analysis of agency rules should allay concerns that agencies ume of rules and, instead, set clear defining expansively the terms ‘‘costs’’ will be swamped with too much work goals and challenge people to come up and ‘‘benefits’’ to include, not just as a result of this legislation. wit their own ways to meet them.’’ quantitative considerations, but also This bill also provides a petition The substitute bill that has emerged qualitative considerations of what a process to allow any interested person is the product of several hearings be- cost-benefit analysis should contain. subject to a major rule to petition an fore the Judiciary Committee, the En- This section also contains a definition agency to conduct a cost-benefit analy- ergy Committee, and the Govern- of a ‘‘major rule’’ which is set at $50 sis on an existing rule if it is a major mental Affairs Committee. Extensive million, a figure that is arguably too rule and that its benefits do not justify discussions have occurred over the last low especially since every President its costs, nor does the rule impose the several weeks in an attempt to fashion since Gerald Ford has defined, by Exec- least costs of the reasonable alter- a consensus bill which can pass the utive order, a major rule to be $100 mil- natives. A petitioner has a high stand- Senate and will be signed by the Presi- lion, as does S. 291, the regulatory bill ard to meet and will have to spend a dent. I believe our efforts will prove that reported out of the Governmental great deal of money to conduct its own successful because the bill under con- Affairs Committee. cost-benefit analysis to show there is a sideration is not extreme reform. An earlier draft of this legislation likelihood that the rule’s benefits do It does not contain a supermandate, provided that a major rule could also not justify its costs. as the House bill does, which would be less that $50 million if it were likely I also supported an amendment of- overturn Federal laws to protect our to result in disproportionate costs to a fered by Senator ABRAHAM which will environment, protect worker safety, or class of persons or businesses within be included in this section to ensure guarantee product safety. the regulated sector. This provision that agencies periodically review the The last time the Senate attempted would have given relief to many small need for rules which have a substantial to legislate in this area was 15 years businesses who are all too often threat- impact on small businesses. As section ago when working in a bipartisan man- ened with being put out of business due 623 is now written rules will not be sub- ner we passed 94–0 a bill known as S. to the costs of implementing a rule. I ject to review unless an agency chooses 1080. Regretfully, certain interest support an amendment offered by Sen- to place them on the review schedule groups prevailed upon the House of ator NUNN which will assure that our or unless an interested party success- Representatives to kill our reform ef- Nation’s small businesses will derive fully petitions to have the rule placed forts. the benefits intended by our reform ef- on the schedule. Thus rules which have I was a cosponsor of S. 1080 which was forts in this bill. The Nunn amendment a substantial impact on small busi- drafted to address deficiencies in the would require that a proposed rule nesses might be left off of the review July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9655 schedule. The Abraham amendment sis or risk assessment shall constitute Mr. DOLE. Mr. President, what is the would require agencies to include on part of the whole rulemaking record pending business? their review schedules any rule des- and not be subject to separate, inde- The PRESIDING OFFICER. The ignated for review by the Chief Counsel pendent consideration. The provisions Chair advises the pending business is S. for Advocacy of the Small Business Ad- in the substitute provide for effective 343. ministration. This amendment creates, judicial review of cost-benefit analyses AMENDMENT NO. 1492 TO AMENDMENT NO. 1487 in effect, a small business counterpart and risk assessments ‘‘to determine (Purpose: To address food safety concerns) to the petition process available to whether the analysis or assessment Mr. DOLE. Mr. President, I send an larger industries and makes section 623 conformed to the requirements’’ of the amendment to the desk to the sub- stronger and fairer for all the regulated bill. stitute and ask for its immediate con- community. The judicial review provision does sideration. I, therefore, support the provisions of not allow judicial nitpicking to over- The PRESIDING OFFICER. The section 623 relating to agency review turn a final rule if an agency fails to clerk will report. and the petitioning process. I believe follow a procedure required by this law. The legislative clerk read as follows: that a reasonable effort and com- However, if the substance of a cost-ben- promise has been achieved which will The Senator from Kansas [Mr. DOLE] pro- efit analysis or risk assessment is poses an amendment numbered 1492 to not overly burden our regulatory agen- flawed, a court can and should review amendment No. 1487. cies and at the same time will ensure such a flawed conclusion as a part of On page 25, delete lines 7–15, and insert the that current rules are revised, if nec- the final agency rulemaking. following in lieu thereof: essary, and terminated if they become MISCELLANEOUS ‘‘(f) HEALTH, SAFETY, OR FOOD SAFETY OR outdated or useless. There are other provisions which I EMERGENCY EXEMPTION FROM COST-BENEFIT DECISIONAL CRITERIA will not attempt to address at length ANALYSIS.—(1) A major rule may be adopted and may become effective without prior Let me turn briefly to the decisional at this time. There is an extensive pro- criteria section of this legislation. In compliance with this subchapter if— vision relating to risk assessment, a ‘‘(A) the agency for good cause finds that my judgment, it does not go as far as section known as regulatory flexibility conducting cost-benefit analysis is imprac- the House bill on the issue of analysis which passed the Senate last ticable due to an emergency, or health or supermandate. The House bill’s provi- year, which I supported, to give relief safety threat or a food safety threat (includ- sions require that a rule’s benefits to small businesses and a provision ing an imminent threat from E. coli bacteria) that is likely to result in significant must justify costs and that the rule supported by Senator GRASSLEY known achieves greater net benefits or the harm to the public or natural resources; as congressional review which will give and’’. rule must be rescinded outright. The Congress the right to veto agency rules House bill thus supersedes, before they take effect. Perhaps this Mr. DOLE. Mr. President, I ask for supermandates, and trumps all other should be limited to veto major rules the yeas and nays on the amendment. previous statutory criteria. The provi- or we may risk being inundated with The PRESIDING OFFICER. Is there a sions of this substitute ‘‘supplement paperwork. With congressional staffs sufficient second? any other decisional criteria otherwise shrinking, it may be wise to limit this There is a sufficient second. provided by law.’’ Despite what the provision, or this provision may prove The yeas and nays were ordered. critics may say, the Senate bill is not meaningless. AMENDMENT NO. 1493 TO AMENDMENT NO. 1492 a supermandate, nor is it a wholesale The substitute bill before the Senate (Purpose: To address food safety concerns) massacre of our Nation’s environ- is a major step in the right direction Mr. DOLE. Mr. President, I send a mental, health, or safety laws and reg- toward meaningful regulatory reform. second-degree amendment to the pend- ulations. Congressional action to give agencies ing amendment to the desk and ask for Under this legislation, Federal agen- some greater guidance is warranted its immediate consideration. cies are directed to conduct cost-bene- and long overdue. I applaud the admin- The PRESIDING OFFICER. The fit analyses on all major rules they istration for its recent actions to im- clerk will report. propose to issue. As a general rule, no prove the situation, but it is not The legislative clerk read as follows: final major rule shall be promulgated enough for my constituents who must The Senator from Kansas [Mr. DOLE] pro- unless the agency head finds: First, live with the reality of regulatory poses an amendment numbered 1493 to that the benefits justify the costs; sec- overkill on some occasions. I am quite amendment No. 1492. ond, that the rule employs flexible al- certain that the entrenched Federal Mr. DOLE. Mr. President, I ask unan- ternatives, and third, that the rule bureaucracy will never approve of true imous consent that reading of the adopts the ‘‘least cost alternative of reform. They want unlimited authority amendment be dispensed with. the reasonable alternatives that to make rules as they see fit. The PRESIDING OFFICER. Without achieve the objectives of the statute.’’ However, I believe the Congress has a objection, it is so ordered. If the underlying statute does not responsibility to set some reasonable The amendment is as follows: allow the agency to consider whether a standards for the bureaucrats to fol- In lieu of the language proposed to be in- rule’s benefits justify its cost, the low. This historic regulatory reform serted, insert the following: agency can still issue the rule—unlike bill is the most comprehensive effort ‘‘(f) HEALTH, SAFETY, OR FOOD SAFETY OR the House bill where the rule is pre- since the Administrative Procedure EMERGENCY EXEMPTION FROM COST-BENEFIT cluded from going forward—as long as Act was adopted in 1946. ANALYSIS.—(1) Effective on the day after the the rule employs flexible alternatives, I began my public career reforming date of enactment, a major rule may be and adopts the ‘‘least cost alternative one system, and as I approach the end adopted and may become effective without prior compliance with this subchapter if— that achieves the objectives of the of my career, I am pleased to join the statute.’’ ‘‘(A) the agency for good cause finds that reform that is now needed for the Fed- conducting cost-benefit analysis is imprac- What is unreasonable about Congress eral executive branch of the Govern- ticable due to an emergency, or health or requiring agencies to follow these ment. safety threat, or a food safety threat (includ- standards when a rule’s benefits do not Mr. HATCH. Mr. President, I suggest ing an imminent threat from E. coli bac- justify its costs? This is what regu- the absence of a quorum. teria) that is likely to result in significant latory reform is all about—trying to The PRESIDING OFFICER (Mr. harm to the public or natural resources; and’’. give the unelected Federal bureaucrats COVERDELL). The clerk will call the some guidance in their rulemaking au- roll. Mr. DOLE. Mr. President, the only thority. The legislative clerk proceeded to change is that it becomes effective 1 JUDICIAL REVIEW call the roll. day after the date of enactment in the Next, the judicial review provisions Mr. DOLE. Mr. President, I ask unan- second-degree amendment. of the substitute adequately address imous consent that the order for the As I stated yesterday, opponents of concerns that I have raised, and judi- quorum call be rescinded. regulatory reform have avoided the cial review is granted to review final The PRESIDING OFFICER. Without merits and, instead, have engaged in agency actions. Any cost-benefit analy- objection, it is so ordered. scare tactics. S 9656 CONGRESSIONAL RECORD — SENATE July 11, 1995 One of the most recent, perhaps most protect their little preserves are the The Senator from Kansas [Mr. DOLE] pro- offensive, of the scare tactics has been ones who are peddling the false infor- poses an amendment numbered 1494. the suggestion that regulatory reform mation and trying to scare people. Ob- Mr. DOLE. Mr. President, I ask unan- means tainted meat, specifically, fur- viously, you can scare people if you imous consent that reading of the ther outbreaks of E. coli food poison- distort the facts. amendment be dispensed with. ing. This is an insult to the American Now that I have offered the amend- The PRESIDING OFFICER. Without people. ment, opponents will no doubt come up objection, it is so ordered. It is also false. Opponents know that with more imaginary scenarios. But I The amendment is as follows: this claim is false, and the media am putting them on notice that we Strike the word ‘‘analysis’’ in the bill and knows it. Yesterday, I included in my chose the broadest possible phrase. In insert the following: statement and accompanying fact the event that somebody missed it, it ‘‘analysis. sheet in the RECORD two specific provi- is, ‘‘emergency and health safety ‘‘( ) HEALTH, SAFETY, OR FOOD SAFETY OR sions already in the bill to make it ob- threats.’’ We chose it in the first place EMERGENCY EXEMPTION FROM COST-BENEFIT vious that this bill would not hold up for a very good reason. We want to ANALYSIS.—(1) A major rule may be adopted meat inspection rules. make certain that every possible re- and may become effective without prior compliance with this subchapter if— One provision allows the implemen- sponse to health and safety threats is ‘‘(A) the agency for good cause finds that tation of a regulation without first exempted from delay where that is ap- conducting cost-benefit analysis is imprac- complying with other requirements of propriate. Adding a laundry list, as op- ticable due to an emergency, or health or the bill where there is ‘‘an emergency ponents would have us do, undermines safety threat, or a food safety threat (includ- or health or safety threat.’’ the very public policy goal opponents ing an imminent threat from E. coli bac- That seems pretty clear to me. That pretend they seek. This is so because it teria) that is likely to result in significant is in the bill. It does not get any clear- raises the possibility that someone harm to the public or natural resources.’’ er than that. It is a sign of either slop- could read this provision to exclude Mr. DOLE. Mr. President, I ask for py journalism or extreme cynicism, anything not specifically included. I do the yeas and nays on the amendment. and this amendment ought to be named not think that is what ought to hap- The PRESIDING OFFICER. Is there a the Ralph Nader-Margaret Carlson-Bob pen. sufficient second? Herbert amendment. I have listened to That is not our intent. We want the There is a sufficient second. these commentators—who probably broadest possible language so that we The yeas and nays were ordered. never read the bill—and they talk can take care of all of the situations AMENDMENT NO. 1495 TO AMENDMENT NO. 1494 about the terrible things that can hap- where health or safety threats exist. Mr. DOLE. Mr. President, I send an pen and that we are all going to eat Mr. President, I certainly urge the amendment to the desk and ask for its tainted meat. Margaret Carlson said adoption of this amendment. It seems immediate consideration. 5,000 people are going to die, and then to me, as I have said earlier, based on The PRESIDING OFFICER. The she corrected it to 500 before the pro- the misinformation, flatout distor- clerk will report. gram ended. It seems that the media do tions, and flatout false statements that The legislative clerk read as follows: not worry about the facts if they have I have read in the media, heard in com- The Senator from Kansas [Mr. DOLE] pro- a good story. I hope to send a message mentary, heard on television, I offer poses an amendment numbered 1495 to to the media—at least those three—and this amendment. It should not be nec- amendment No. 1494. those on the left who need to read the essary to offer this amendment, but, as Mr. DOLE. Mr. President, I ask unan- bill, to read what really happens. The I have suggested, it is being offered to imous consent that reading of the media have chosen to buy into these make certain that nobody misunder- amendment be dispensed with. distortions in the face of language that stands—nobody on this floor, on either The PRESIDING OFFICER. Without makes clear that we have responsibly side of the aisle. There is nobody that objection, it is so ordered. taken health and safety concerns into I know of who does not support food The amendment is as follows: account. safety. In lieu of the language proposed to be in- I do not believe for a moment that Mr. President, I want to make an inserted, insert the following: opponents are unaware of this health quiry of the managers momentarily. In ‘‘analysis. and safety exemption. But in an effort an effort to get a vote on this amend- ‘‘( ) HEALTH, SAFETY, OR FOOD SAFETY OR to ensure that we begin focusing on is- ment and make certain this is the first EMERGENCY EXEMPTION FROM COST-BENEFIT sues legitimately in this debate, I am amendment we will have a vote on, ANALYSIS.—(1) Effective on the day after the offering an amendment to make crys- procedurally, I also would need to date of enactment, a major rule may be tal clear that S. 343, the regulatory re- amend the bill itself. I am amending adopted and may become effective without prior compliance with this subchapter if— form bill before us, has no effect on ef- the substitute. But if I can have some ‘‘(A) the agency for good cause finds that forts to address food safety. Period. assurance that we can have a vote conducting cost-benefit analysis is imprac- End. That is it. without any further amendments to ticable due to an emergency, or health or No one here, Democrat or Repub- the bill on this issue, then I will not safety threat, or a food safety threat (includ- lican, wants to interfere with food safe- proceed to sort of fill up the tree. I ing an imminent threat from E. coli bac- ty. I hope we can lay that to rest by make that inquiry of the Senator from teria) that is likely to result in significant having a big vote on this amendment. Ohio. harm to the public or natural resources.’’ The words ‘‘health and safety,’’ already Mr. GLENN. Mr. President, I am glad Mr. DOLE. Mr. President, I think part of the bill, obviously include con- the majority leader has addressed the this is a clear-cut issue. My view is cerns about food safety. But this E. coli situation. I would like to check that the amendment is not necessary. amendment adds the words ‘‘food safe- with some of the people who were in- But this is an effort to have the oppo- ty, included an imminent threat from terested in this on our side before we nents who are really concerned about E. coli bacteria.’’ proceed with this. It might even be pos- this bill focus on the issues rather than Mr. President, it concerns me that sible to accept it, I do not know. I trying to frighten the American people, such distortions are being made. E. coli would like to check on it further before saying that somehow anybody who is bacteria and the illnesses that occur as I agree to anything at this point. for this bill is out here trying to peddle a result of that bacteria are serious Mr. DOLE. It may be just a matter dirty meat. That was a charge made problems for the people of this country. of—well, I will go ahead and fill up the over the weekend and in the past few Every Member of Congress, regardless tree and amend the bill in two degrees. days. of party, is concerned. It is not a par- AMENDMENT NO. 1494 I think probably it is in the interest tisan issue and should not be a partisan Mr. DOLE. Mr. President, I send an of everybody who supports regulatory issue. But opponents—I do not mean amendment to the desk ask for its im- reform that the amendments be of- the opponents in the legislative body. I mediate consideration. fered. I am the one being criticized by think the opponents have come from The PRESIDING OFFICER. The the media. ‘‘Senator DOLE’s bill is pro- outside the bureaucracy and in the clerk will report. moting dirty meat.’’ And some say media. All these people who want to The legislative clerk read as follows: maybe I am doing it for the July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9657 meatpackers. Well, I do not know any including the Presiding Officer, who time to time, and certainly the outside meatpackers. I do not have any connec- have been working on this on a daily groups—I have to say, evidently, the tion there. In any event, this is just to basis. media, or some aspects of the media. I calm down the hysteria of some in the My view is if we were to work in a bi- actually have watched the media over media. But they will get hysterical partisan way we can complete action the last number of years, and I think about something else. They are good on on the bill this week. I am happy to they have been for the most part re- their feet. As soon as this matter is re- yield the floor to the Senator from sponsible, but on this issue they have solved, they will have some other Louisiana. not been responsible since this bill has hysterical notion or a figment of some- Mr. JOHNSTON. Mr. President, I been laid down, or at least those who body’s imagination, and some state- want to thank the majority leader for have been primary purveyors of what ment will be made, or there will be a his comments. they think this bill stands for. ludicrous charge that they will pick up Mr. President, this amendment, in We have over 100 amendments we on. There are, unfortunately, some peo- my view, is totally unnecessary, but if have agreed to with the White House ple in the bureaucracy who believe that it helps to clarify and reassure, then I and others on this bill, trying to ac- the Government should do everything will support it. The provision that it commodate and resolve these prob- in America. They do not want any reg- amends was one of those provisions put lems. ulatory reform. in at our behest, and agreed to by the I might add, we have worked very They are not one of the American majority leader, in order to take care closely with the distinguished Senator families who are paying an average of of this very situation. from Louisiana and others in doing so. $6,000 a year for regulatory reform. Whether it is cryptosporidium, E. I want to compliment the majority They are not a farmer or rancher or coli bacteria, or Ebola virus—what- leader for his willingness to try and small businessman or small business- ever—the bill already covers that kind make this bill as perfect as we possibly woman who is trying to make a living of health emergency. The bill says that can. for their family and all they get are you do not have to comply with either One of the amendments we agreed to more and more and more regulations cost benefit or with risk assessment if was described by our distinguished from the Federal Government. they find that there is an emergency or Senator from Louisiana, that he fought I happen to believe that regardless of health or safety threat that is likely to for in our negotiations, that really anybody’s party affiliation, if you are a result in significant harm to the public solved this problem. I think it is unfor- businessman, a businesswoman, a farm- or to natural resources. tunate we have to resolve it again and er, rancher, whatever, you have to be- Mr. President, it is clear the bill al- again and again because of hysteria lieve there are too many regulations ready covers that, and this was one of and the use of fear tactics on the part and you have to believe there is some those 100-odd amendments that were of the left, really, in this country. way to protect health and safety as we accepted by the majority leader at our I have to say, certain Members of the should, also, to make certain that behest. media, in my opinion, have acted irre- there is some way we can review and I believe it has been a very good bi- sponsibly. I hope that the media will make certain that some of these regu- partisan effort. It is not a complete and read this bill, those who are respon- lations never are implemented, because perfect bill yet. We still have some sible will read it, and start talking they have no benefit, a great deal of amendments which we hope will be ac- about this bill in the manner that it cost, and all they do is put a burden on cepted. There is an ongoing dialog deserves. somebody in America. about that. It is amazing to me the lengths sup- Democrat, Republican, somebody out Mr. President, I am still very hopeful porters of big government status quo there will pay. That is why we find this this bill can be passed overwhelmingly will go to in opposing the Dole-John- coalition of the left and the media and on both sides of the aisle. I hope we can ston regulatory reform bill. The newest those in the bureaucracy and others proceed not with drawing lines in the media myth spread at the end of last who are fearful they might lose a job, dirt and lines in the sand and tossing week is that the bill’s cost-benefits re- I guess, or they might make life easier bombs at one another, but, rather, try quirement will somehow block the U.S. for the average Americans, who are vi- to make this bill a more perfect bill, a Department of Agriculture’s meat safe- tally opposed to any regulatory reform. better bill. ty rules for 2 or 3 years. That is pure I mentioned to the President this Believe me, Mr. President, risk as- bunk. It is apparent opponents of the morning, we had a meeting at the sessment and cost-benefit analysis is bill are preying on the fear of the pub- White House, and I apologize to the needed by the taxpayers who are over- lic and on individuals who have suf- managers for being late, this was a bill burdened in this country today, and fered from E. coli bacteria. that I thought had potential to have just to try to defeat this bill by phony What these advocates of fear do not broad bipartisan support. I met pri- issues is not the way to go. We should reveal, enforcement of food safety rules vately with the President after a regu- try to improve it with real amend- is predominantly done not through lar meeting. I told him the number of ments. rules but through adjudicatory enforce- changes we have already made, and we I believe that the distinguished Sen- ment and inspection orders against are prepared to look at other changes ator from Utah, the floor manager of meat processors and handlers, which that are legitimate, and we are still this bill, and I believe the majority are explicitly exempt from S. 343’s re- having ongoing—as I understand—the leader, will show cooperation, because quirements. Senator from Utah has an ongoing dis- they have so far. What they did not reveal is that S. cussion with Members on the other I will vote for this amendment. It is 343, in any event, contains a provision side. totally unnecessary. The bill already that exempts health, safety, or emer- I will not repeat what the President covers this kind of emergency. gency rules from cost-benefit analysis said. I do not want to repeat discus- Mr. HATCH. Mr. President, I know when there is a threat to the public. sions of the President, but I want him the distinguished Senator from Ohio They also do not reveal S. 343 man- to understand, talking about biparti- wants to comment. I will just take a dates the promulgation of rules that sanship, and lowering the rhetoric, this few minutes. are both cost efficient and that are is an opportunity, right here, this bill. I want to thank the distinguished likely to significantly reduce health, There is no reason this bill does not Senator from Louisiana for his cogent safety, and environmental risks. pass this body by a vote of 75 to 20 or remarks. He is right. This matter was They did not reveal that the USDA 80 to 20—good, strong, regulatory re- taken care of in our negotiations. We had already conducted a cost-benefit form bill. I would hope that we can have language in this bill that com- analysis and concluded that the bene- continue in the spirit we have started. pletely resolves this problem without fits of the rule far outweighed its cost. I want to commend the Senator from this amendment. Finally, I want to mention the most Louisiana, the Senator from Utah, Sen- In the interest of trying to pacify and outrageous statement attacking the ator HATCH, and the Senator from resolve some of the hysteria and fear bill in this media campaign of fear was Delaware, Senator ROTH, and others, that seems to pervade this body from made last Thursday on C-SPAN. To S 9658 CONGRESSIONAL RECORD — SENATE July 11, 1995 generate fear of S. 343’s cost-benefit re- The silliest of all as far as I am con- other side of the aisle voting to keep E. quirement, a spokesperson for the lob- cerned, for today’s list: coli in, in that regulatory moratorium. bying group Public Citizen, contended No. 1. A company was fined $34,000 by Mr. JOHNSTON. Will the Senator that cost-benefit analysis was some- the EPA for failing to fill out form ‘‘R’’ yield? thing the Nazis conducted to compute in spite of the fact that they do not re- Mr. GLENN. No, I will not yield at the worth of prisoners in concentration lease any toxic material. this point. camps. These are the type of things we are The PRESIDING OFFICER. The Sen- That is highly offensive. Such claims trying to correct. These are the type of ator has not yielded. are pure bunk. They are nonsense. It things this bill will correct. These are Mr. GLENN. I will not yield. demonstrates how really desperate the the type of things that have Americans We hear it is not needed. We hear desperate can be. all over this country upset, and rightly that such rules are exempted in this These people want overregulatory ac- so. bill—but it still leaves it up to the tivity because that is where the power This is why we have worked so hard, agency. What if we have somebody in has been. They control the whole U.S. the distinguished Senator from Louisi- the agency who does not want to do population from this little beltway ana and our majority leader and oth- this? I am not going to make too much called Washington, DC. When we come ers, to come up with a bill that really out of that because, we have to trust to this floor and bring reasonable rules makes sense, that will make a dif- the people in the agencies. But to say that will change the status quo and ference, that will help us all to get rid that we should have no concern, that cause people to be able to live within of some of these silly, ridiculous, cost- nobody on this floor, nobody in the certain norms and restraints and save ly and really harmful regulations and whole U.S. Senate is against health the taxpayers’ moneys and cause our interpretations of regulations as well, and safety rules when we had a vote in society to work better, then these de- and to give the people some power to committee that prevented rules ad- fenders of the status quo, these leftists, make the bureaucrats have to think dressing E. coli and cryptosporidium, start making these outrageous com- before they issue regulations and inter- which was another vote, from being ex- ments. pretations of those regulations as well. empted from that moratorium is just The Dole amendment makes crystal At that point, I yield the floor. not right. There is very, very good rea- clear that S. 343 does not impede the The PRESIDING OFFICER. The son why we are concerned about this. all-important protection of public Chair recognizes the Senator from We did not have a single Democratic health and food safety. Ohio. vote that was against exempting these In that regard, let me just take a Mr. GLENN. Mr. President, I am important rules, but we did have votes couple more minutes, because I think sorry the majority leader, who pro- on the Republican side that prevented this is a perfectly appropriate place for posed the amendment, has left the that exemption being made in commit- me to give my daily Top 10 List of Silly floor. I hope he may be listening, be- tee. That is the reason we are con- Regulations. Let me start with No. 10, cause there is more reason to be concerned about this. This is not some- a regulation holding up the residential cerned about this than he indicates. thing we are making up. It is not some- building project for a wetland, .0006 We hear repeatedly, ‘‘This is not thing fictitious. It showed the intent acres in size—about the size of a Ping needed, it is not needed, it is not need- on the other side, at least in that case, Pong table. ed.’’ Everybody says that. Yet we are under the regulatory moratorium, of No. 9. Creating an Endangered Spe- still leaving it up to the agencies to not being willing to give one inch on cies Act recovery plan for a breed of make the decisions. Maybe that is OK. this issue. Not even when we have snail that will only flourish in an ice But let me tell you why we were plan- about 250 deaths a year, and over 20,000 age or during the ice ages. ning to address E. coli this morning people made ill by E. coli bacteria No. 8. A regulation making the play- anyway before the majority leader every year. ing of a musical instrument near a came back and put in the amendment. Further, under this bill, there are campfire in a national forest a Federal There is a track record here, going still problems even if the agency de- class B misdemeanor. I mean, my good- back into committee, of Republicans clares an emergency. An emergency ex- ness. not voting to take E. coli out of consid- emption is provided, and I agree and I No. 7. Fining a company for not hav- eration here. We had a regulatory mor- know the Senator from Louisiana is ing a comprehensive hazardous commu- atorium bill proposed a few months going to say that the agency has the nications program for its employees. back that came before the Govern- discretion to exempt these rules, and Its employees were two part-time mental Affairs Committee. It would they can. But the bill now says that workers. That is our Federal Govern- have stopped everything in its tracks. within 180 days of putting the rule out, ment in action. No. 6. Requiring $6 hospital masks in- It was a regulatory moratorium for ev- the agency has to go back and do the stead of $1.50 masks, without any evi- erything from the last election on—any cost-benefit analysis and risk assess- dence that the more expensive mask is rule, any regulation that was in consid- ment. Even with that kind of an ex- needed. eration. Even some of those that had emption by the agency, I do not know No. 5. Requiring such stringent water been finalized already and were in ef- whether they can do a cost-benefit testing, that local governments actu- fect were cut off. analysis or whole risk assessment in ally had to consider handing out bot- We had a list of rules in committee 180 days. That is very difficult. Some- tled water in order to save money. that we thought should be exempted, times these things take years—2, 3, or That is our Federal Government in that should not be subject to that regu- 4 years or more. If they cannot com- action, at work. latory moratorium. There was no ex- plete the work required what happens No. 4. Denying a permit to build a emption for health and safety in com- then? And even then, these rules would pond to raise crawfish because the mittee on that. And what happened? I still be subject to the petition process. habitat provides food and shelter to ‘‘a put in an amendment in committee The agencies might have to review the wide variety of * * * fish * * * includ- that would exempt rules to protect rule again, which is subject in turn to ing the red swamp crawfish.’’ against E. coli. We had parents who judicial review, or judicial challenge, No. 3. Barring a couple from building lost children come before the commit- anywhere along the line. So there are their dream house because the tee and testify as to the horrible death still weaknesses and there are areas goldencheeked warbler had been found that their children suffered with E. where we are still concerned about in the canyons adjacent to their land. coli. Their children died. And I put in this. Just think about that. This is happen- an amendment in committee to exempt But I come back to why we are con- ing in America. E. coli from that moratorium. We had cerned about this. We are not digging No. 2. Requiring so much paperwork a record rollcall vote and I lost, be- up things. We are not desperate. We are for a company over 50 employees—8 cause the Republicans opposed it. I lost not wild-eyed leftists over here. We are pounds, by the way, 8 pounds of paper- on that, 7 to 7, one Republican being trying to protect the people of this work—that they purposely do not hire absent. I lost that vote to exempt E. country from E. coli in this particular any more people. coli, with seven Republicans on the case. I think the majority leader has July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9659 addressed some of the problem with nents are not willing to take yes for an And if there is a real problem with this. Maybe it is sufficient. I do not answer. I do not know what happened cryptosporidium or E. coli, why do not know. We will have to talk it over a in committee. I do not know whether you offer the amendment? Let us see if little bit to see what we want to do on the Republicans were opposed or were we can work it out rather than come in this. not opposed to some particular provi- on the floor with white-hot debate and But there is very, very good reason sion on E. coli bacteria. But I am tell- mothers with children who die from why I personally had concern about ing you. various things. We are just as con- this. It is heartwrenching to sit in the Mr. ROTH. Will the distinguished cerned about that, those of us who committee and hear mothers and fa- Senator yield a moment on that point? want regulatory reform, as anybody in thers come before the committee talk- Mr. JOHNSTON. Yes, for a question. this Chamber. And we have taken care ing about how they lost their children Mr. ROTH. I wanted to make a state- of it. To suggest that it is not taken to E. coli. ment on what happened in the commit- care of is just not ingenuous, Mr. Presi- We see statistics. We know that there tee. dent. are estimates that about 4 percent of Mr. JOHNSTON. If the Senator will We need regulatory reform. We need the meat is tainted. So you had better let me make a few comments, I will bipartisan regulatory reform. If there cook it well. I will tell you that. Four yield the floor. are serious amendments, let us con- percent—that means that 1 out of Mr. ROTH. All right. sider them on their merits and not on every 25 times you buy a hamburger, it Mr. JOHNSTON. The point is not the basis of something that is not in could be tainted. We want to protect what has happened in past history. We this bill. the people of this country against that are dealing with what this bill says Several Senators addressed the kind of meat contamination, if we can. now here. I and my staff worked with Chair. Of course, we do. We brought this up in the majority leader on this very provi- The PRESIDING OFFICER. The committee. We could not get that ex- sion to take care of not only E. coli, Chair recognizes the Senator from emption through in the committee. It not only cryptosporidium, not only Delaware. was not exempted from the morato- Ebola virus, but all public safety Mr. ROTH. Mr. President, what the rium. That is the reason we are con- threats so that we exempted from any distinguished Senator from Louisiana cerned about this. cost-benefit analysis or any risk as- has just said is exactly on point. What So this is not something fictitious. sessment if it is impractical due to an we are seeking to do is to make this a This is something that we have already emergency or health or safety threat cleaner environment for all people. voted on in committee. The Repub- that is likely to result in significant What has happened too often by scare licans voted solidly on the other side to harm to the public or natural re- tactics is that we find actions being not exempt E. coli from that regu- sources. taken that are unnecessary and unwar- latory moratorium that was proposed Mr. President, what could be more ranted. The Senator is absolutely at that time. The regulatory morato- clear than that? If it is a threat to pub- right. There is language already in the rium still has not been completed, be- lic health or safety or likely to result proposed legislation that will take care cause we have not gone to conference in any significant harm to the public of these emergencies where there is a with the House yet. or natural resources, you do not have threat to health and safety. And there I still have some concern about the to do a cost-benefit analysis. You do is no way. It is totally impossible to processes under this bill, S. 343, that not have to do a risk assessment. That eliminate where all of those threats are would require that within 180 days a was not in the original Dole bill. They going to arise in the future. That is the cost-benefit and risk assessment would accepted this amendment. Now they do reason for the general language that, have to be done for rules that have not want to take yes for an answer. where there is an emergency or a prob- been issued under this exemption. I do Mr. President, we need to get this lem of health and safety, an exemption, not know whether that can be done. bill to be really considered for what it an exception, is made to the require- But if it is not done, what would hap- says. I just received a statement of ad- ments of the legislation. But the basic pen then? It would still be subject to ministration policy on this Comprehen- purpose of the legislation is to ensure petitions to review the rule all over sive Regulatory Reform Act which I that we do a better job of regulating, of again, even though everybody can say must tell you, Mr. President, I find of- eliminating the risks and problems E. coli is a danger to the health and fensive. I think it is disingenuous. I sat faced by this Nation. It is already cost- safety of the people of this country. in the room with Sally Katzen who is ing every American family something Yet, in committee Republicans voted head of the OIRA. She came up with like $6,000 a year. We need to ensure against exempting that; voted to not some very good suggestions among that those dollars are well spent, that give the protection that the people of which was a method—I call it the we get the biggest bang for the buck. this country deserve. Katzen fix—whereby we could combine Just let me point out that what ex- So I am glad that the majority leader all of the scheduling of rules to be con- ists in this legislation also existed in has done what he has done this morn- sidered, of look backs of the petition the moratorium. The moratorium pro- ing. We will have to discuss whether we process to have it all considered at the vided that the President had the right think this goes far enough. But there is same time with that schedule con- to exempt health and safety regula- very good reason why we are concerned trolled by the Administrator. We actions from the moratorium. That about this. Our concerns are not ficti- cepted this suggestion completely— would include various diseases, E. coli tious, not something we are making Senator DOLE and his staff, and Sen- or whatever else might be of emer- up, and it is not something where poli- ator HATCH and others. And now I find gency nature. The important point was tics is involved. It is the health and that this is unacceptable and agencies that when the Republicans voted the safety of the people of this country. It are overwhelmed with petitions and way they did they were relying on the is not because of politics, as the major- the lapsing of effective regulations. It general language. I do not care how ity leader indicated a little while ago, is just disingenuous because they ac- many amendments we add. I support that we are talking about E. coli. And cepted the very proposals which were the amendment of the distinguished an exemption is needed. The vote in made. majority leader. But legally, it is not committee showed that we needed leg- Let us get serious about this bill, Mr. necessary. islation in this regard. So we will see President. Look. This bill is not about Would not the Senator from Louisi- whether we think it is adequate or not. E. coli bacteria or about ana agree with that? I yield the floor. cryptosporidium. Those are scare tac- Mr. JOHNSTON. Mr. President, I will Mr. JOHNSTON addressed the Chair. tics. That has been taken care of in say in response that really the major- The PRESIDING OFFICER. The this bill. There may be a lot of things ity leader’s amendment adds nothing Chair recognizes the Senator from Lou- to oppose on real grounds. But I think to what is already in the bill except it isiana. we ought to get real about it. We ought says including E. coli. Health including Mr. JOHNSTON. Mr. President, the to be ingenuous about our opposition, E. coli. A health threat already in- problem with this bill is that the oppo- those who propose various provisions. cluded E. coli. It already includes S 9660 CONGRESSIONAL RECORD — SENATE July 11, 1995 cryptosporidium. It also includes the first place, which is to protect them, to the operative language is you do not Ebola virus. It already includes every- create security for them from harms have to comply with the chapter if thing that is encompassed in the world from which they cannot protect them- there is a health or safety threat. health. selves. The inspection of meat, to pro- Now, would the Senator not agree So it is totally unnecessary. But if it tect people—and people have died from with me that the phrase ‘‘health or reassures somebody that now we are bacteria in meat—is part of that appa- safety threat’’ would encompass any of taking care of E. coli, so much the bet- ratus. these problems such as E. coli, ter. So it is after Congress recognizes a cryptosporidium, Ebola, flu, the com- Mr. ROTH. I could not agree more. I problem, creates a law, and the Presi- mon cold? It covers everything relating personally intend to support the dent signs it, that then, because the to a health or safety threat. Would not amendment of the distinguished major- law cannot cover every contingency, the Senator, my friend, agree with ity leader. But the important point is the administrators come along and that? that in this legislation we want to deal they adopt regulations to carry out the Mr. LIEBERMAN. Mr. President, to with not only the threats we face today rule, to apply it to specific cases. And respond through the Chair to the Sen- but we face in the future. That is the this, frankly, is where we have gotten ator from Louisiana, first, I thank him reason for the general legislation. Who into some of the problems that have for his kind words and, second, it seems knows what horrible disease may de- generated the bill before us and the to me on the face of it the intention is velop sometime in the future. That is substitute that many of us on the Gov- certainly to cover those health and the purpose of the language in this leg- ernmental Affairs Committee sup- safety threats. The question is whether islation. ported, S. 291, now adopted almost it is effectively done or comprehen- So I just want to say I agree with completely in the Glenn-Chafee bill. sively done, and I would like to work what the distinguished Senator from You would have a hard time, Mr. with the Senator. Louisiana said. It was exactly the same President—at least I have not found in Let me just say that the other day situation when we were dealing with this Chamber of 100 Senators represent- we received the paper flying all over regarding the moratorium. We had gen- ing every State in this Union—one about the Food and Drug Administra- eral language to cover health and safe- Member who will say that he or she is tion comments of the overall bill, and ty. We gave the President the author- not for regulatory reform. We all have they say as part of their comments: ity to exempt it. There was no need for been home and talked to our constitu- The exemption for likely health or safety it. That is the reason many of the Sen- ents, small business people, large busi- threats will not permit the agency to take ators voted as they did. ness people, individuals who can cite expeditious action to avert harm. First, the Several Senators addressed the for us an example where there is just finding of good cause would be imposed in Chair. too much regulation, but even more addition to the statutory violation finding The PRESIDING OFFICER. The that the agency currently is required to regulation without common sense. make before taking any action, unless the Chair recognizes the Senator from Con- My friend and colleague from Utah, necticut. intent is to override the statutory finding. Senator HATCH, has been providing This requirement is burdensome and inap- Mr. LIEBERMAN. I thank the Chair. what I might call the daytime version propriate. Second— Mr. President, I appreciate the fact of David Letterman’s nighttime list of And this is something that I have that the majority leader has offered the 10 best. We have Senator HATCH in this amendment this morning, not just been concerned about— the morning, and we have heard these neither ‘‘significant harm’’ nor ‘‘likely’’ is because it clarifies that the language stories and they are real, and it is why of the bill was not intended to hold up defined. As a result, it is unclear how many we are all for regulatory reform. But situations would fall under this standard. Is this rule on bacteria in meat, which the reason why some of us are con- the threat of one spontaneous abortion— the Centers for Disease Control tells us cerned about the content of the bill be- is a serious health problem, but be- The example they use— fore us and why we seriously want to or one death a significant harm? Under what cause the amendment reminds us why go through this process and see hope- we have regulation. The amendment circumstances would the threat be deemed fully if we cannot work together in the likely? Would the adulterated product need reminds us that regulation does not end to get to a position where all of us, to be in domestic commerce before the simply emanate out of a vacuum in or at least most of us, can support the threat was likely? which some bureaucrat falls to impose bill is our fear that inadvertently in re- The requirement that the harm render the irrational rules. Regulation comes sponding to some of the excesses and completion of a detailed risk-benefit analy- from laws that we adopt in Congress, foolishness of regulation and bureauc- sis impractical adds a further level of com- that are signed by the President, that plexity to what should be a straightforward, racy, we may impede the accomplish- expedited determination. recognize some public problem that we ment, the purpose of the underlying I am not embracing all of these ques- as the elected representatives of the public health and safety laws that I be- tions as my own, but I think they are people have concluded the people them- lieve the public wants. reasonable, and I would like to work selves cannot protect themselves from; Mr. JOHNSTON. Will the Senator with the Senator to make sure that we they cannot handle that problem on yield at that point. do put to rest any of the concerns that their own. Mr. LIEBERMAN. I would be happy are raised in here about public health There are a lot of problems like that to yield to my friend from Louisiana. and safety, although I must say that I in our increasingly complicated, so- Mr. JOHNSTON. The Senator, my have an underlying concern about some phisticated, globalized world. It is not friend from Connecticut, is one of the of the other sections as they affect the like the old days where you basically best lawyers in this body, and I con- regulatory process even in cases where grew what you ate. We are eating a lot sider him to be one of the best lawyers they are not health and safety. of stuff that comes from halfway in the country. It is for that reason But let me finally, bottom line, re- around the world. We are breathing air that I ask him, on page 25 of the bill, it spond. I understand that the intention that contains pollutants that come contains language that says: from thousands of miles away. We are here is to cover all of the concerns, the A major rule may be adopted and may be- specific cases, of the bacteria and the affected, when we go out on a sunny come effective without prior compliance day in the summer, by rays that are with this subchapter if the agency, for good rest, and I would like to review the lan- coming through the hole in the ozone cause, finds that conducting a cost-benefit guage in the majority leader’s amend- layer that has been created by chemi- analysis is impractical due to an emergency ment and work with the Senator from cals that are being sent up there from or health or safety threat that is likely to Louisiana to make sure that we do just all around the globe, and so on and so result in significant harm to the public or that. forth. natural resources. It seems to me, as I said a few mo- So we have created a series of protec- We have the same language over on ments ago, I think we all share two tions as part of what I would consider page 49 that has to do with the risk as- common goals. The Senator from Ohio the police power of the State, which is sessment. So it covers both cost-bene- has outlined these as his test for why people form governments in the fit analysis and risk assessment, and whether he will support a regulatory July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9661 reform bill. And to paraphrase and in Connecticut, I do not find anybody dividuals and the environmental com- state them simply, we are all for regu- saying to me there is too much envi- munity. I am fearful that if cooler latory reform. We agree there are ex- ronmental protection. I do not find heads do not prevail in this particular cesses. There is foolishness. But in anybody saying to me there is too debate, and debates are going on about achieving regulatory reform let us much consumer protection, there is too other laws, that that partnership is make sure that inadvertently we do much food safety protection, too much going to be broken. It will have a bad not block the accomplishment of the protection of toys. Yes, I find some effect overall. It is going to lead, first, purpose of the legislation that is un- business people saying to me that some to the kind of conflict that does not derneath the regulations. of the ways in which these goals you produce results, does not clean up the Mr. JOHNSTON. Mr. President, if the put into legislation are being enforced environment, but, second, I am afraid Senator will further yield, I appreciate by some of the inspectors, the bureau- from the point of view of business, one his candor. Let me say that this crats are ridiculous. The average busi- of whose understandable goals is to amendment was put in at my behest to ness person I talk to says, ‘‘Look, I’m seek consistency of regulation, of law, deal with the problem. It was our best not just a business person, I’m a citi- there is going to be inconsistency, we judgment as to how to deal with what zen, I’m a father, I’m a husband, I’m a are going to swing from extreme to ex- really was, we thought, a problem with grandfather. I have as much interest in treme, and that is not good. the original language. This was printed clean air and clean water and safe Finally, if we do not get together and up, as you know, and then we went into drinking water and safe food and safe be reasonable with one another and negotiations on our side of the aisle. I toys as anybody else.’’ adopt a good regulatory reform bill, it personally spent something like 24 I am saying as we go forward, let us is going to face a Presidential veto. hours in direct face-to-face negotia- remember both sides. Then nothing is going to be accom- tions with our caucus and our Members I have two more general points. No. 1 plished. We would have spent a lot of and our staff. I did not, up until today, is, I am a member of the Environment time, filled the air with a lot of rhet- hear any criticism of this language. and Public Works Committee. I have oric, but ultimately, we are going to be If there is a way better to make it spent a lot of time on that committee. left with a regulatory system that all absolutely clear that you can deal with Let me say briefly that I find there is of us find inadequate. these imminent threats without any an extraordinary broad base of support So I hope as we go forward that we delay, without having to do anything in my State, and I believe throughout will keep those thoughts in mind. I be- like cost-benefit or risk assessment, if this country, for environmental protec- lieve that the bill before us still, be- that is not absolutely clear—and I be- tion. In fact, environmental protection cause of the petition process in it, lieve it is as clear as the noonday Sun is, as the writer Gregg Easterbrook which is an invitation to delay, be- on a cloudless day, I think it just pointed out in articles and a book re- cause of some of the standards that are shines through—but if it is not, then I, cently, probably the single greatest set, inadvertently puts at risk some of for one, will certainly help clear it up. success story of American Government the accomplishments of the last two or I will solicit the help of my good friend in the postwar period. It is an interest- three decades. I personally prefer S. 291. I prefer it and good legal advisor from Connecti- ing thing to talk about. Again, it is not in part because I worked on it in the cut in helping to sharpen that lan- to say everything has been done to pro- Governmental Affairs Committee guage. tect the environment rationally and under the leadership of the Senator Mr. LIEBERMAN. I thank my col- sensibly. Twenty-five years ago, the from Delaware and the Senator from league from Louisiana. Obviously, I Connecticut River was described by Ohio. It came out of our committee 15 have respect for him, his judgment, his somebody as the prettiest sewer in to 0, a bipartisan vote. It is tough regu- word, and his good faith. I accept the America. Today, the river is fishable latory reform. It requires a determina- challenge to work with him to clarify and swimmable. That has happened all tion of whether the benefits justify the the intention of the bill overall with around America with rivers, lakes, and costs. It requires regular review by the regard to emergency health and safety streams. agencies of the regulations. It goes on problems. The same is true of the air, that was to create sunshine in the process and I know that the Senator from Ohio heading rapidly in the direction of not to put some common sense into the has a statement he wishes to make. I just smog that is hard to see through, regulatory process without jeopardiz- am going to spend a few minutes more but really affecting people’s health. I ing the underlying laws. and then I will yield the floor. am hesitant, after the discussion we So I prefer it to the alternative we I do want to say in overall terms, to had today about numbers here, but have before us, but I hope we can put in a different context these two there are fairly credible scientists and bridge the ground and, most of all, get goals that we have, that there is no doctors who say still in our country something done to change the status question that part of what motivates tens of thousands of people die pre- quo without jeopardizing the purposes the bill before us is the broadly held maturely—which is to say what it says, that have engendered the status quo. feeling in America that Government they would have lived somewhat longer I thank the Chair. I thank my col- has become too big and too intrusive. were it not for forms of air pollution. leagues for their patience, and I yield But reflecting only what I hear from This is particularly true of vulnerable the floor. my constituents in Connecticut, which populations. Several Senators addressed the is that, I also hear from them that There is an epidemic of asthma in Chair. there are certain things that they very our country. It has gone up 40 percent The PRESIDING OFFICER (Mr. much want Government to continue to in the last 10 years, particularly among KYL). The Senator from Ohio. do for them because they know they children. I have a child who has asth- PRIVILEGE OF THE FLOOR cannot do it alone and it cannot be ma. More and more of these kids are Mr. GLENN. Mr. President, I ask privatized. vulnerable to pollutants in the air. We unanimous consent that Jeneva Craig, I remember somebody once said—it is have done a pretty good job of cutting of my staff, be granted the privilege of not my thought—the law exists in soci- the number of those pollutants, but the floor during consideration of this ety in relationship to the natural good- still we have a greater amount of work legislation. ness and perfection of the species; in to be done. I am saying, as we try to The PRESIDING OFFICER. Without other words, in Heaven, if you will, make the regulatory process more ra- objection, it is so ordered. there is no law because everyone does tional, more reasonable, let us not pull Mr. GLENN. Mr. President, we got the right thing; in Hell, it is all law be- away from the underlying goals. off to a rather fast start yesterday and cause no one does the right thing; and Finally, one of the things that has we did not get to give our opening we on Earth are somewhere in between. happened in the environmental area is statements on the general view of the The law expresses our aspirations, our a general acceptance of the environ- legislation before us. I would like to do values, our desire for a just society. mental ethic, as I said a moment ago, that at this time. Do we overdo it sometimes? Sure, we and, I think, a growing partnership be- This is a most important matter that do. I have to tell you, when I am home tween the business community and in- comes before us with this legislation. S 9662 CONGRESSIONAL RECORD — SENATE July 11, 1995 It may well prove to be, as far as im- legislation strike an appropriate bal- But we also want agencies to be effec- pact on the American public, the most ance? That is the question. tive. The American public does not important legislation we pass this Those are the two tests this legisla- want the Federal Government to be year. I am under no illusions it will get tion must meet. I believe that if it can more inefficient or to have more public the most attention, but it may be the meet those two tests, there will be protections delayed or bogged down in most important. broad support for this effort. Any bill redtape and delay and courtroom argu- Before I launch into my statement, I that relieves regulatory burdens but ment. That is why Senator CHAFEE, ask unanimous consent to have three threatens the protections for the myself, and several others offered an editorials from the Washington Post, American people in health, safety and alternative bill just before the recess. the New York Times, and the Cleveland the environment should be opposed. It is S. 1001, and it is based on that Plain Dealer, which discuss the issue of Regulatory reform is very com- same Governmental Affairs Committee regulatory reform, printed in the plicated. The idea sounds great, but the bill, S. 291, that was reported out with RECORD following my statement. devil is in the details. Cost-benefit full bipartisan support. The vote was 15 The PRESIDING OFFICER. Without analysis, risk assessment, judicial re- to 0. There were eight Republicans and objection, it is so ordered. view, the specific elements of regu- seven Democratic votes out of commit- (See exhibit 1.) latory reform, are complex—very com- tee. Mr. GLENN. Mr. President, regu- plex. The parts do not make easy sound S. 1001 provides for tough, but fair, latory reform is one of the most impor- bites. But without making sense of the reform. It will require agencies to do tant issues before us. Make no mistake, words, there can be no real reform, let cost-benefit analysis and risk assess- I want regulatory reform. I think we alone a workable Government. ments, but it will not tie up all their need regulatory reform. Large busi- I am very concerned that in order to resources unnecessarily. It does not nesses want regulatory relief, so do keep up with the schedule established provide for special interest fixes. It small businesses, so do individuals. by the other body, the Senate is being does not create a lawyer’s dream. It And their general discontent with reg- rushed to consider a complex and provides for reasonable, fair, and tough ulatory burdens is, in many ways, jus- lengthy proposal whose consequences reform. It reflects the work of the Gov- tified. I believe that. That is why I are not yet fully understood. Regu- ernmental Affairs Committee on S. 291 want regulatory reform to be the right latory reform should be arrived at and only changes this bill in three balance. through a process of deliberation and ways. Why do we have to have a lot of regu- bipartisan consultation. That is the First, the definition of a major rule lations? Are bureaucrats just deciding process we used in the Governmental is one that has an economic impact of to write as many regulations as they Affairs Committee. From our land- $100 million. There are no narrative can think of over in the agencies? No, mark regulatory reform study clear definitions, such as ‘‘significant impact that is not the answer. The process is back in 1977, through legislation and on wages.’’ that Congress passes laws and agencies more than a decade of oversight of Second, the automatic sunset of rules carry out the intent of these laws OMB and OIRA paperwork and regu- that are not reviewed has been through regulations, through the de- latory review, and now to the consider- changed. If agencies do not review tails that are necessary to make the ation of legislative proposals in this rules within the allotted timeframe, laws applicable. Congress, the Governmental Affairs they must commence a notice of pro- Unfortunately, Congress passes a lot Committee has approached this issue posed rulemaking to repeal the rule. In of ill-thought-out laws in insufficient in an open and bipartisan manner. other words, the rule could not just sit detail in the first instance, and then we That was our mode of operation during there and automatically become unen- complain bitterly when the regulation my years as chairman. And this year, forceable. With this approach, there is writers in the agencies overstep into under the leadership of the new chair- opportunity for public comment, and unintended areas. In other words, if we man, Senator ROTH, our committee rules will not sunset without adequate want to look at some of the culprits in held four hearings and developed a opportunity for review. overregulation, let us look at our- unanimous bipartisan regulatory re- Third, we limited the risk assessment selves, let us look in the mirror. form bill, and S. 291 was the number as requirements to particular programs I repeat that sentence. Congress it came out of committee. Our commit- and agencies. We also made some tech- passes a lot of ill-thought-out laws in tee report also reflects this bipartisan nical changes in line with the National insufficient detail in the first instance, spirit and deliberative process. Academy of Sciences’ approach to risk and then we complain bitterly when Now, I make these points because the assessment. Those are the three the regulation writers in the agencies proposal, S. 343, that has been brought changes to S. 291 that we incorporated overstep into unintended areas. to the floor has been developed in a when it became S. 1001. I believe Congress needs to write laws similar open and deliberative manner. Let us remember what is at stake more clearly and give agencies more The bill is based on the Judiciary Com- here. Regulation is important because guidance. That way, agencies will not mittee’s reported bill that reflected a rules are needed to implement most have to guess what our intent was divisive committee, a proceeding that laws. There is no way around it. Public when they write the regulations that was cut short. health and safety, environmental pro- implement the laws. Until recently, negotiations on this tection, equal opportunity in education In other words, Congress should do bill went on behind closed doors. Dur- and in employment, stability in agri- the work and weigh our actions more ing the past several weeks, there have culture and other sectors of our econ- carefully, including the costs and bene- been many attempts to work together omy, each area has shown that it needs fits of a law. We should be doing all of to improve this bill. A number of Mem- the help of legislation and regulation that right here before passing legisla- bers have worked diligently to explain that follows to make it workable. tion that will be implemented through our differences and what we think I would like to talk for a few minutes regulation. needs to be changed. Before these dis- about a different, but related, regu- As we debate how to reform the regu- cussions were completed, S. 343—this latory matter. I mentioned it earlier latory process, we need to ask our- bill—was brought to the floor. It is a this morning. That was regulatory selves two essential questions. First, bill that we believe continues to have a moratorium. We debated that at the does the bill before us provide for rea- great number of problems. The result, end of March. I want to talk about sonable, logical, and appropriate from what I can see, is a bill tailored to here, because I believed many of the changes to regulatory procedures that special interests. It is a lawyer’s provisions of S. 343 could have a simi- eliminate unnecessary burdens on busi- dream. It does not meet the dual goals lar effect in undermining health and nesses and on individuals? of protecting health and safety and, at safety protections for the American Second, at the same time, does the the same time, having a more effective people, their families and their chil- bill maintain our ability to protect the and more efficient Government. dren. environment, health, and safety of all Yes, we want agencies to have more If there was ever a proposal to make of our people? In other words, does the thoughtful and less burdensome rules. one stop and think about what is at July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9663 stake, the moratorium would do it. It using the best scientific and economic I do not believe S. 343 follows these would have stopped all regulations analyses to do so. principles; instead it does special fa- dead in their tracks, starting back at What is the economic impact of regu- vors for a special few—and in so doing last year’s election through the end of lation? How do we measure that im- creates a process that will delay impor- this year, no matter what State the pact? How do we weigh economic costs tant decisions, waste taxpayer dollars, regulations were in, no matter whether and benefits? What are the societal enrich lawyers and lobbyists, under- they were good or bad regulations. costs and benefits? Agencies need to do mine protections for health, safety, Now, proponents of the moratorium, better in each of these areas, and I be- and the environment, and further erode like proponents of S. 343, are ready to lieve true regulatory reform can im- public confidence in Government. subject the people of this country to prove agency analysis and make the I mentioned the seven principles. Let the slashing of regulations without due Federal rulemaking process work bet- me talk about each of the seven prin- examination of what could happen, ter. But accomplishing these reforms is ciples I raised in a little more detail. without considering what health and easier said than done. Principle 1. Agencies should perform There is wide disagreement in both safety protections may be at stake. risk assessments and cost-benefit anal- the economic and scientific commu- We had hearings in committee, and I ysis for all major rules. Most of us nities about the methodologies and un- met with Nancy Donley of Illinois and would agree that before an agency puts derlying assumptions used in perform- Rainer Meuller of California, who both out a major rule, it should do a costing these analyses. In our committee, lost children to E. coli-tainted ham- we heard from witnesses on every side benefit analysis, and if it makes sense, burgers. Both came to Washington in- of these issues. In developing S. 1001, a risk assessment. tent on looking in the eyes of politi- we tried to craft a workable framework Let us start with one of the most fun- cians who were more willing to toler- for regulatory decisionmaking. The damental questions in this debate: ate endangering children than facing product of our committee work was a What should be considered a major up to a responsibility and making a unanimously supported, tough regu- rule? In the Glenn-Chafee bill and the regulatory process that works. Accord- latory reform bill. With only a few bill we reported out of the Govern- ing to USDA’s Food Safety and Inspec- changes—the ones mentioned—Senator mental Affairs Committee on a bi-par- tion Service, 3,000 to 7,000 Americans CHAFEE, myself, and others have pro- tisan, 15-to-0 vote, we decided that a die of tainted food each year, and 3 to posed this bill, S. 1001, as an alter- major rule should be one that has an 7 million Americans are sickened by native approach to regulatory reform. impact of $100 million. A $100 million food-borne illness. This is costing lives It would improve agency decisions, threshold has been the standard under and health and millions of dollars. lessen burdens on the American public, Presidential Executive orders for regu- Can anyone honestly say that we do improve the implementation of our latory review since President Reagan not need protections and an effective laws, and make Government more effi- in the early 1980’s. If anything, given regulatory process? Further, I heard cient and more effective. I intend to inflation, that threshold should go up, from airline pilots who were angry that offer S. 1001 as a substitute to S. 343 at not down, if you think about it. Congress might sacrifice air safety the appropriate time. The debate on S. 343 has a threshold of $50 million; standards in order to appear strong not the regulatory reform before us will, I the House bill casts an even wider net by being proponents of enhancing safe- believe, reveal many of the failings of of $25 million. These are just simply ty regulations, but by going too far the S. 343, and the more practical advan- too low. Remember—this bill will cover other way and delaying and even slash- tages of the Glenn-Chafee bill. all Federal agencies—not just the Envi- ing safety rules, all in the name of reg- Regulatory reform should focus on ronmental Protection Agency or the ulatory reform. In other words, we the following central issues, which are Food and Drug Administration. All would reform ourselves into greater reflected in S. 1001. I will expand on Federal agencies—Treasury, Com- danger for every airline passenger. these principles in more detail later in merce, Agriculture, and so on—would I heard from public health experts my statement: have to do extensive analysis for every who are alarmed at the threats to the First, agencies should be required to single rule that had a $50 million im- safety of drinking water from dangers perform risk assessments and cost-ben- pact. Or, if the House wins on this, a like cryptosporidium, which killed 100 efit analysis for all major rules. $25 million impact. people in Milwaukee in 1993, and made Second, cost-benefit analysis should What are we trying to accomplish 400,000 sick. So the moratorium would inform agency decision making, but it here? If it is to make the agencies use have halted drinking water safety rules should not override other statutory these important tools for important, until the end of the year. rulemaking criteria. economically significant rules, I be- Third, risk assessment requirements But the point of bringing up the mor- lieve we should keep the threshold should apply only to major risks as- atorium here is not to confuse the high. If we demand that rigorous cost- sessments, and these requirements issue, it is to point out that the bill we benefit analysis and risk assessment be take up today could well delay some of must not be overly prescriptive. Fourth, agencies should review exist- required for just about every rule, we these items well beyond the end of the ing rules, but their review should not will guarantee that we will use up val- year. It could delay them significantly be dictated by special interests. uable agency resources with very little beyond that. Fifth, Government accountability re- to gain. Of course, rules, regulations, and reg- quires sunshine in the regulatory re- One group that testified before the ulators are not always right. There can view process. Governmental Affairs Committee esti- be different approaches to protecting Sixth, judicial review should be mated that the House bill would add 2 the public from disease or injury. That available to ensure that final agency years to the rulemaking process and is why reform is important. Regula- rules are based on adequate analysis. It cost agencies a minimum of $700,000 per tions do not come free. Their costs are should not be a lawyer’s dream, with rule. I had some figures yesterday that weighing down the American people. unending ways for special interests to computed how expensive that could be Businesses, private citizens, univer- bog down agencies in litigation. and it gets up into the hundreds of mil- sities, and State and local governments Seventh, regulatory reform should lions of dollars. Let us remember that all complain that too many regulations not be the fix for every special interest. we are cutting the Federal work force go too far, that they just are not worth These principles would establish for and consolidating agency functions. it. the first time a Government-wide com- This bill should not create needless So our job is to find a balance that prehensive regulatory reform process. work that has little benefit. What is recognizes both the essential role of This process will produce better, less the cost-benefit analysis for using $50 regulations in our society and the so- burdensome, and probably fewer regu- million or $25 million? I believe it is cial and economic price paid by an lations. It will also provide the protec- going to cost the agencies a bundle of overreliance on regulation. Finding tions for the public interest that the money and resources and the benefits this balance means evaluating the ben- American people demand of their Gov- are few. Talk about poor cost-benefit efits as well as the burdens of rules and ernment. ratios. Let us stick to truly major S 9664 CONGRESSIONAL RECORD — SENATE July 11, 1995 rules and set that threshold at $100 First, in passing legislation, we, in ify this was offered during negotiations million. Congress, have said to agencies, ‘‘Go on this bill, but it was rejected. We I say let us first see how this works issue a regulation, based on what we’ve still do not have clarifying language on at the $100 million level. If we see that said in the statute’’—whether it be ‘‘an this point. If there was no it works well, I would be in favor of re- adequate margin of safety’’ or what- supermandate lurking here, why was ducing the threshold at a later date to ever. The agency should not have the the clarifying language rejected? So capture more rules, whether down to power to say, ‘‘Well, we can’t justify the more I hear that this is not a prob- $50 million or $25 million. But I want to the costs given the benefits of this lem, but that the language cannot be make sure that what we pass now rule, and therefore, we are not going to clarified, the more I have to wonder. works, is fair, and brings relief for the issue this rule.’’ This would basically Another problem that many of my biggest problems. I do not want to be handing our congressional respon- colleagues have discussed at length flood the system with so many rules sibility over to the agencies, based on a with the supporters of this bill is the that nothing works, and we find our- less-than-perfect tool of cost-benefit issue of least cost. Right now, this bill selves back here in 3 or 4 years reform- analysis. requires two major determinations being the regulatory process once again. I heartily believe that agencies fore a rule can be issued: One, that the I feel this even more strongly after should tell us if they really do not benefits justify the costs; and, two, yesterday’s acceptance of an amend- think a rule’s benefits justify its costs. that the rule adopts the least-cost al- ment to include significant rules under But then the rule should come back to ternative. Let us think hard about the Regulatory Flexibility Act in the us in Congress to figure out what to do. these words ‘‘least cost.’’ Do we always definition of major rule. This will add This will also help to inform us in Con- want the agencies to do the cheapest well over 500 rules to those having to gress about a law that should be alternative? What if an alternative go through cost-benefit analysis under changed. For these reasons, I strongly that costs just $2 extra saves 200 more S. 343. This is just too much. support—and my colleague Senator lives? Do we say pick the cheapest, and Principle 2. Cost-benefit analysis LEVIN has been a strong leader on this do not look at benefits of the alter- should not override existing statutes. issue—a congressional review or the natives before you? Another question that we must decide right to veto rules through an expe- is how cost-benefit analysis should be dited review process. This makes a lot That is what this bill does. We should used. I believe, and many of my col- more sense than having a superman- give the agencies some leeway to use leagues believe, that in no way should date,’’ which would make cost-benefit common sense. They should be able to cost-benefit analysis override existing analysis override an existing statute. choose the most cost-effective ap- statutes. This is the so-called Remember that the congressional re- proach, looking not just at costs but supermandate issue. We all agree that view of rules passed the Senate 100 to 0. also at the benefits. Here, we would be it is a good idea to make agencies fig- It makes sense to do business this way. requiring them to pick the cheapest al- ure out what the costs and benefits of Let me give an example of how hard ternative, which may not always be the a rule are before issuing it, and to see it is to figure out costs. Everyone ac- most cost effective. whether the benefits justify the costs. knowledges that it can be very difficult In talking about this economic anal- But let us keep in mind that this tool to quantify benefits, but most assume ysis, let me say a quick word about is far from a hard and fast analytical that cost numbers are easier to esti- trying to reduce the costs of regulation science. There are lots of assumptions mate accurately. But let us consider on industry. In our efforts to reform that go into figuring out the costs of a the example from the Occupational the regulatory process, we should en- rule and the benefits of a rule, and Safety and Health Administration courage agencies to take a hard look at many benefits and costs are unquanti- [OSHA] of the cotton dust standard. market-based incentives to achieve fiable. That is certainly no argument Several hundred thousand textile in- regulatory goals. Many have shown for not doing it. I believe it can be a dustry workers developed brown lung— that we can achieve our environmental very useful tool in the decisionmaking a crippling and sometimes deadly res- goals, for example, at a lower cost than process, but it does show that caution piratory disease—from exposure to cot- we do now by using market-based is in order. ton dust before OSHA issued protective mechanisms. These alternatives allow Agencies often have to get cost data regulations in 1978. That year, there industries more flexibility in how they from the industry it is intending to were an estimated 40,000 cases, meet a standard. For example, rather regulate. And some industries have amounting to 20 percent of the indus- than telling every factory, new or old, been known to overstate how much it try work force. By 1985, the rate had that they must purchase the same will cost to comply with a regulation. dropped to 1 percent. equipment to fix a problem, we would The benefit side also has lots of dif- The initial estimates in 1974 for in- give them flexibility, reducing their ficulties. How much value do we place dustry to comply with a stricter stand- compliance costs while reducing the on a human life? Does it matter if that ard was nearly $2 billion. By 1978, same amount of pollution overall. human is an old man or a young girl? OSHA estimated the same costs to in- I agree with the part of S. 343, Sen- What is the value of preserving a plant dustry to be just under $1 billion. So ator DOLE’s bill, in which we are re- species? What is the value of avoiding the estimate fell by 50 percent by the quiring agencies to consider market- an injury to a worker? Clearly, agen- time the standard was issued. When the based mechanisms. We have a similar cies should not be forced to quantify actual costs of compliance were re- provision in the Glenn-Chafee bill, S. everything. On this point, Senator ported in 1982, they were four times 1001. DOLE, Senator JOHNSTON, Senator lower than the $1 billion estimate. It is Principle 3. Risk assessment require- CHAFEE, and I—and in fact, probably all likely that if OSHA had to use a cost- ments must not be overly proscriptive of us—agree. We should encourage benefit analysis to figure out whether and should apply only to major risk as- agencies to estimate costs and bene- to put out this standard in 1978, not sessments. Risk assessment require- fits—both quantifiable and having the knowledge that they did in ments are an important part of regu- nonquantifiable—and make totally 1982, they would not have done it, even latory reform because many of the clear what assumptions they use to do though it is clear to me that the great rules we want to address in this legisla- the analysis. This can help inform success of this rule certainly justifies tion relate to health, safety, or the en- their decisionmaking. its costs. But this is where we differ: Should Let us be clear on this point: Cost- vironment. the result of a cost-benefit analysis benefit analysis should not override ex- Risk assessment can help us better trump all other criteria for deciding isting statutory rulemaking criteria. understand what the risks are to the whether or not an agency should go Proponents of S. 343 say that this bill public or the environment, which in forward with a rule? The way S. 343 is does not have a supermandate. It has turn lets us figure out how best to written right now, that is what would been repeated over and over that this lower those risks. happen, and I do not think that makes bill does not have the supermandate. Scientists, agencies, and others have sense. Many of us disagree. Language to clar- testified that it is essential that we do July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9665 not make these requirements too preview, that ‘‘There is no reason why For this reason, agencies should take a scriptive. Risk assessment is an evolv- these boards should be granted the hard look at major rules that they being science. The last thing Congress power to meet in secrecy. Indeed, there lieve deserve review. Of course, this should be doing under regulatory re- is every reason why they must meet in process should be open for public com- form is freezing this science by laying public.’’ ment so that those who are interested out in excruciating detail how an agen- Senator GRASSLEY, on the same sub- in particular rules can make their con- cy must do a risk assessment. ject, stated, ‘‘I ask my colleagues to cerns known to the agencies. But this I believe that both S. 1001, as well as adopt the amendment to make FACA review should not be dictated by spe- this bill, do try to strike a good bal- apply, because we ought to be doing ev- cial interests. ance. I must commend Senator JOHN- erything in the sunshine. If we do, the While I think a retrospective look at STON for his leadership in the area of mold will not grow there.’’ rules is essential, I do not believe in a risk assessment. He has done a lot of I agree completely with both of those process that would allow anyone sub- work on that. S. 1001 outlines smart statements. I do not see why the peer ject to a rule to petition an agency to risk assessment principles that are in review panels under S. 343 should be review a rule, which then requires line with recommendations of the Na- any different. stringent action by the agency to re- tional Academy of Sciences. Another issue about peer reviews: Do spond to that petition. That could just There are still a few problems in S. we really need to require peer review gridlock agencies and put special inter- 343, however, when it comes to the spe- panels for every risk assessment for ests and the courts, not the agencies, cific risk assessment requirements. For every environmental cleanup project? the executive branch, or the Congress, example, what is exempted from these S. 343 applies risk assessment and cost- in charge of the review. requirements and what is not? This bill benefit requirements to all Superfund The latest draft of S. 343 uses a peti- states that an agency does not have to and Department of Energy cleanups tion process to put rules on a schedule do a risk assessment for a rule ‘‘that that cost more than $10 million. for review. If the agency grants the pe- authorizes the introduction into com- Aside from the fact that I do not be- tition, it has to review the rule in 3 merce * * * of a product.’’ lieve we should deal with Superfund in years. That is a very short timeframe I ask my colleagues, what if an agen- a regulatory reform bill, I am very con- for such matters. If it fails to review cy determines that a product is unsafe cerned about the resources that agen- the rule in that time, the rule auto- and should be removed from com- cies would have to use to comply with matically sunsets, it becomes unen- merce? Under this bill, the agency this bill. There are hundreds of DOE forceable. This process, it seems to me, would have to do a full-blown risk as- sites and close to 1,000 Superfund sites puts the petitioner in the driver’s seat, sessment, complete with extensive peer that would be affected by these re- not the agencies or the Congress who review, before it could take a product quirements. I do not think it makes passed the law in the first place. off the market. If you want to put sense to require such extensive peer re- Mr. JOHNSTON. Mr. President, will something on the market, no sweat. If view requirements for each one of these the Senator yield on that point? you want to take something off the risk assessments. How will the agen- Mr. GLENN. No, I want to complete market, it is not so easy. And it will cies ever be able to find so many pan- my statement. Then I will yield the take time, a lot of time. els, for instance, that are truly bal- floor at that point. I do not think this makes sense. Pub- anced? How much will this cost the It also creates a process that is more lic health and safety can be harmed by Government? What would we gain from prone to killing regulations than creat- dangerous products on the market. All it? Where is the cost-benefit analysis of ing a thoughtful review of regulations. we have to do is remember back to the this approach? I think we should delete In addition to the peer review peti- thalidomide situation, for example, of the peer review requirement for envi- tions, S. 343 has many other petitions a few years ago, when talking about ronmental cleanups. for any interested party to challenge taking products off the market. We do Finally, the position of those sup- an agency on any rule, not just the not want to make it more difficult. porting the Glenn-Chafee bill is that major rule. These are yet more exam- Another problem is that the peer re- the procedural requirements of these ples of the lawyer’s-dream approach view requirements are exempted from assessments should be, of course, open taken under this bill. Under S. 343, the Federal Advisory Committee Act. to peer review, but they should not be someone could petition for issuance, Let me state first that peer review of reviewed by the court. The courts are amendment, or repeal of any rule; or, major risk assessments I think is abso- not the appropriate place to determine amendment or repeal of an interpretive lutely essential. Scientific experts whether particular assumptions or tox- rule or general statement of policy or should evaluate the information put icological data in a risk assessment are guidance; and, interpretation of the together by the agencies, and a good appropriate. The way the judicial re- meaning of a rule, interpretative rule, peer review process will ensure high- view section is written, this is indeed a general statement of policy, or guid- quality assessments. But how is the major concern. I will address that issue ance. peer review going to be run? The way just a bit later. And just to add to the confusion, S. S. 343 is written now, no peer review Principle 4. Agencies should review 343 also has a separate section, section would have to comply with FACA. existing rules, but that review should 629, for a petition for alternative com- FACA was set up to ensure sunshine, not be dictated by special interests. pliance. Any person subject to a major accountability, public input, public ac- Regulatory reform is not just about rule could petition an agency to modify cess—in fact, fairness to all parties in- improving new rules and developing or waive the specific requirements of a volved in such Advisory Committee new techniques for addressing new major rule and to allow the person to processes. problems. Regulatory reform must also demonstrate compliance through alter- FACA was put in to guarantee a bal- address the great body of existing rules native means not permitted by the ance of views on peer reviews, and yet that currently govern so many activi- rule. FACA would not apply to the require- ties in business, in State and local gov- In addition, S. 343 adds another peti- ments for peer review under this act. ernments, and which affect so many of tion process in section 634 so that in- The Federal Government currently us as individuals. terested persons may petition an agen- uses many peer review groups, most in For regulatory reform to be effective, cy to conduct a scientific review of a the fields of health, science, and tech- it must look back and review existing risk assessment. nology. These are all subject to FACA. regulations to eliminate outdated, du- Each agency decision on every one of The proponents of S. 343, who now plicative, or unnecessary rules, and to these petitions, except the petition for want to exempt these panels from reform and streamline others. This re- alternative compliance, is judicially FACA, were strong advocates of having view is required most simply because reviewable. It could be challenged in FACA apply to the health care review over time, many decisions become out- the courts. What a dream for the law- panels just last August, less than a dated. Review is also needed because of yers. All of these petitions and reviews year ago. For example, the majority the rising cumulative burden of exist- add up to one of the worst parts of this leader stated, quite properly in my ing rules on businesses and individuals. bill. I think it is a formula for true S 9666 CONGRESSIONAL RECORD — SENATE July 11, 1995 gridlock. Agencies will have to spend Principle 6. Judicial review should be The regulatory reform bill should ad- enormous resources responding to each allowed for the final rulemaking, not dress regulatory issues, not be a and every petition, and then they can for each step along the way. Regu- Christmas tree for lobbyists to hang be dragged to court if they turn down a latory reform should not become a law- solutions to whatever problems they petition. This does not come close to yer’s dream, with unending ways for may have. Let us look at some of these being real regulatory reform. This is special interests to bog down agencies provisions a little more carefully. regulatory and judicial gridlock. This in litigation. We firmly believe in a First, delays and higher costs for en- is a way to keep the agencies from court’s role in determining whether a vironmental cleanups. Every Superfund doing their jobs and to keep lawyers rule is arbitrary and capricious. S. 1001 and Department of Energy cleanup happy and extremely prosperous. This authorizes judicial review of the deter- that costs more than $10 million would bill would make all the rhetoric about minations of whether a rule is major have to go through a risk assessment tort reform a big joke except that in and therefore subject to the require- and cost-benefit analysis. This is not this case judicial gridlock means that ments of the legislation. Also, it allows just for activities that will be starting the health and safety of the American judicial review of the whole rule- up, not just for new projects. It covers people could be jeopardized. making record, which would include cleanups that are already under way. Principle 5. Government accountabil- any cost-benefit and any risk assess- EPA and DOE will have to stop any ity requires sunshine in the regulatory ment documents. We should not, how- progress they are making to go back review process. Agencies must work to ever, provide unnecessary new avenues and do additional costly analyses. This involve all interested parties in the for technical or procedural challenges is guaranteed to slow the pace of clean- regulatory process, from soliciting that can be used solely as impediments up even further, something we have all comments to disseminating drafts to by affected parties to stop a rule. been concerned about for a long time. ensuring broad participation in peer re- Courts should not, for example, be EPA estimates that 600 to 1,000 view. Accountability also requires pub- asked to review the sufficiency of an Superfund cleanups spread across every lic disclosure of regulatory review doc- agency’s preliminary cost-benefit anal- State in the Union would be caught in uments, including related communica- ysis or the use of particular units of this requirement. The Department of tions from persons outside the Govern- measurement for costs and benefits. Energy estimates that about 300 clean- ment. There can be no public con- While courts have a vital role, they ups would be affected. Does this make fidence in Government when some can should not become the arbiters of the any sense? I would prefer to spend the use back doors to decisionmakers. S. adequacy of highly technical cost-bene- taxpayers’ money on cleanup rather 1001 requires reasonable disclosure con- fit analyses or risk assessments inde- than repetitious, redundant studies and sistent with recommendations of the pendent of the rule itself. more lawsuits. Administrative Conference of the Unit- I believe, the way the bill is cur- To make matters even worse, these ed States. rently drafted, that lawyers and the cleanups have to go through the hoops of the decisional criteria, yet another Over the past 25 years, the most no- courts will get into the details of a risk supermandate in this bill. For each $10 table regulatory reform accomplish- assessment or cost-benefit analysis. I million cleanup, agencies would have ment has been development of central- think that is a mistake. From what I to prove that the benefits of the activ- ized Executive oversight of agency understand, there has been a great deal ity justify the costs, the activity em- rulemaking. This effort, while not of discussion about this issue, and I be- ploys flexible alternatives, and the ac- truly reforming the regulatory process, lieve many of us want the same result. The question is how to get there from tivity adopts the least cost alternative. has had a substantial impact on the Now, I and many others here recog- Federal regulatory process. It led to here. Leaving the language as ambiguous as it is now is not acceptable. nize the need for Superfund reform, and the development of agency regulatory we worked hard on that last Congress. analysis capabilities and better coordi- Principle 7. Regulatory reform should not be the fix for special inter- That is where this provision belongs, nation among agencies, though the under Superfund reform, not regu- record is quite uneven across agencies. ests in every program. Many parts of S. 343 are very different from the bill we latory reform. If we are going to fix the The development of centralized regu- reported out from the Governmental problem, let us fix it right. Adding new latory review has also led to more con- Affairs Committee on a bipartisan burdens and hurdles is certainly not sistent policy direction and priority basis and the alternative bill we intro- the right approach. setting from the Office of the Presi- duced before the recess. In the bill be- Second, gutting of the toxics release dent, though the record here is uneven fore us, S. 343, several provisions are inventory, the TRI. The TRI is in- as well, due largely to partisan con- aimed at benefiting special interests or tended to provide the public with infor- troversy about Presidential use of that stalling particular programs. Frankly, mation about chemicals being released power to affect agency decisions. Many they have no place in a regulatory re- into their local environment. This bill times over the past 15 years many of us form bill that should attempt to set a would fundamentally change the way have been in the Chamber debating the fair process, fair and equal to all. the TRI works and would swamp the use of OMB regulatory review. First, let me say that I sympathize agency. In reforming the regulatory Much of the controversy that has with those who would like to fix par- process, we are trying to encourage dogged centralized regulatory review ticular problems. I know of examples agencies to use flexible approaches to since it was formalized in 1981 by Presi- where regulations go too far and where regulation and make the agencies more dent Reagan in Executive Order No. agencies go too far. As testimony be- efficient. The TRI currently provides 12291 revolves around public confidence fore our committee showed, 80 percent information to the public and encour- in the integrity of the regulatory proc- of the rules are required by Congress. ages the voluntary reduction of toxic ess. The issue has come to be known as It is not just the regulatory process emissions through whatever means a the regulatory sunshine issue. And that needs fixing. We in Congress are company chooses to use. This program while the Governmental Affairs Com- also responsible for a lot of these prob- has not only provided maximum flexi- mittee has in the past been divided lems. Let us focus on making the regu- bility to companies, but it has also re- about how much sunshine is needed latory process better as a whole and sulted in significant reductions in and at what stages in the process, the not a fix for special interests. emissions. Since 1988, companies have committee has always agreed on the Let me give some examples. reported a decrease in emissions of list- need for sunshine and public confidence This bill tries to delay Superfund ed chemicals of more than 2 billion in the regulatory process. cleanups. It rewrites the Delaney pounds a year. In this bill, we would S. 343 has no sunshine provisions. It clause, shuts down the EPA toxic re- change the standard for removing is not like the Glenn-Chafee bill, S. lease inventory, provides enforcement chemicals from the list. We would force 1001. S. 343 has no sunshine provisions relief for companies, and so on. EPA to perform thousands of site-spe- for regulatory review, and I believe Now, I agree that some of these are cific risk assessments in a very short that is a fundamental flaw that needs legitimate problems that deserve our time. This sounds less like regulatory to be addressed. attention, but this is not the place. reform and more like make-work for July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9667 the agency. If Congress wants to able to foodborne pathogens and therefore at The Office of Management and Budget ad- change the standard in TRI, we should greatest risk. vises that there is no objection to the pres- do it in the context of Emergency On February 3, 1995, USDA proposed reform entation of this report to the Congress. of the federal meat and poultry inspection Planning and Community Right-to- Sincerely, system to incorporate science into its in- DAN GLICKMAN, Know Act legislation. This provision spection system. USDA’s proposal would re- Secretary. has no place being in this bill. quire the use of scientific testing and sys- Mr. GLENN. Mr. President, I quote Third, repeal of the Delaney clause. tematic measures to directly target and re- some from that RECORD, in closing, to You will get no argument from me that duce harmful bacteria. The goal is simple: to improve food safety and to reduce the risk of show how some of these things can it is time to change the Delaney work. They address E. coli, salmonella, clause. It should have been done a long foodborne illness from consumption of meat and poultry products. and some other things we addressed time ago. But this regulatory reform Under the proposal, the Nation’s 9,000 fed- earlier on the floor today. bill does not fix it. I believe this is just erally inspected slaughter and processing In this letter from the Secretary of one more case of a very important and plants would be required to adopt science- Agriculture, he points out some of the substantive area that should be dealt based HACCP procedures. Targets would be difficulties. He says: set for reducing the incidence of contamina- with outside the context of regulatory I am writing in regard to the effect that S. tion of raw meat and poultry with harmful reform. 343 would have on the efforts of the Depart- bacteria. Meat and poultry plants would be ment of Agriculture to improve the meat and In conclusion, I want regulatory re- required to test raw products for pathogens, poultry inspection system and the safety of form, but S. 343 does not provide bal- and to take corrective action, if necessary, the Nation’s supply of food. The Food Safety anced regulatory reform. Its overall to meet food safety targets. impact will be to swamp the agencies S. 343 would significantly delay this essen- and Inspection Service published a proposed rule to significantly reform the Federal in- to the point of ineffectiveness, provide tial reform by requiring USDA to establish a peer review panel which satisfies the criteria spection system by requiring the adoption of lots of jobs for lots of lawyers, and to science-based Hazard Analysis and Critical in S. 343, submit a cost-benefit analysis and make some companies very happy. Control Point procedures. S. 343 would need- risk assessment (analyses) to the panel, and lessly delay USDA’s efforts to reform the I would like to work hard with every- convene the panel to review the analyses. one here, all my colleagues, to make a meat and poultry inspection system. The panel would then be required to prepare Foodborne pathogens in meat and poultry good, fair and truly balanced regu- and submit a report to FSIS detailing the latory reform bill. products, such as E. coli, Salmonella and scientific and technical merit of data and Listeria, are believed to cost the Nation bil- So I hope we can address many of the methods used for the risk assessment, in- lions of dollars from lost productivity, medi- issues I have raised today. I urge every- cluding any minority views. FSIS would cal costs, and death. The virulent E. coli bac- one to take a hard look at the regu- have to respond in writing to all significant teria alone is estimated to cause 20,000 ill- latory reform approaches in the Dole- comments made in the report. The report nesses and 500 deaths annually. Young chil- and the FSIS response would become part of dren and the elderly are particularly vulner- Johnston and the Glenn-Chafee bills the rulemaking record and would be subject and then ask yourselves: Are we reliev- able to foodborne pathogens and therefore at to judicial review provisions of S. 343. These greatest risk. ing regulatory burden on industries procedures would significantly delay the es- On February 3, 1995, USDA proposed reform and individuals? Are we protecting the sential reform effort by a minimum of six of the Federal meat and poultry inspection environment and health and safety of months. system to incorporate science into its in- the American people? While peer review can be a useful tool to spection system. USDA’s proposal would re- We must work together in a true bi- improve the rulemaking analyses, the poten- quire the use of scientific testing and sys- tial benefits from a peer review of the tematic measures to directly target and re- partisan spirit to meet these two essen- HACCP reform proposal does not justify de- tial goals of regulatory reform. To- duce harmful bacteria. The goal is simple: laying reform of this system—a reform that To improve food safety and reduce the risk gether we can truly improve how our is supported by all interests. Similar review of foodborne illness from consumption of Government works. has been already been occurring. The sci- meat and poultry products. Mr. President, I asked consent earlier entific foundation of the HACCP proposal, in Under the proposal, the Nation’s 9,000 fed- for insertions into the RECORD. I will short, will have been the subject of extensive erally inspected slaughter and processing ask for one more. We have a letter that review and comment as part of the rule- plants would be required to adopt science- was addressed to both leaders, the ma- making process. based HACCP procedures. Targets would be First, FSIS published the preliminary reg- set for reducing the incidence of contamina- jority and minority side, from the De- ulatory impact analysis (PRIA) in the Fed- tion of raw meat and poultry with harmful partment of Agriculture. I think it is eral Register for comment with the proposed bacteria. Meat and poultry plants would be worth including in the RECORD also. I HACCP rule. The PRIA contained a prelimi- required to test raw products for pathogens, ask unanimous consent that that letter nary cost-benefit analysis and risk assess- and to take corrective action, if necessary, be printed in the RECORD. ment which explained the assumptions re- to meet food safety targets. There being no objection, the letter garding the risks and costs of foodborne ill- S. 343 would significantly delay this essen- was ordered to be printed in the ness to the public, the costs of the proposed tial reform by requiring USDA to establish a rule to the regulated community, and the peer review panel which satisfies the criteria RECORD, as follows: range of benefits in terms of reduced in S. 343, submit a cost-benefit analysis and DEPARTMENT OF AGRICULTURE, foodborne illness that the proposed HACCP risk assessment analyses to the panel, and OFFICE OF THE SECRETARY, rule would achieve. Before publishing any convene the panel to review the analyses. Washington, DC, July 11, 1995. final regulation, FSIS will revise and finalize The panel would then be required to prepare Hon. ROBERT DOLE, this cost-benefit analysis based on the com- and submit a report to FSIS detailing the Majority Leader, U.S. Senate, Washington, DC. ments received. Second, peer review of the scientific and technical merit of data and DEAR BOB: I am writing in regard to the ef- HACCP proposal is unnecessary since FSIS methods used for the risk assessment, in- fect that S. 343 would have on the efforts of has held at least 11 public meetings to dis- cluding any minority views. FSIS would the Department of Agriculture (USDA) to cuss and obtain comments on all aspects of have to respond in writing to all significant improve the meat and poultry inspection the reform proposal. Three of those meetings comments made in this report. The report system and the safety of the nation’s supply were two-day conferences which addressed and the FSIS response would become part of of food. The Food Safety and Inspection various scientific and technical issues raised the rulemaking record and would be subject Service (FSIS) published a proposed rule to by the rulemaking. Third, the National Advi- to judicial review provisions of S. 343. These significantly reform the federal inspection sory Committee for Microbiological Criteria procedures would significantly delay the es- system by requiring the adoption of science- in Foods, which provides impartial, sci- sential reform effort by a minimum of 6 based Hazard Analysis and Critical Control entific review of agency actions relative to months. Point (HACCP) procedures. S. 343 would food safety, also reviewed the HACCP pro- While peer review can be a useful tool to needlessly delay USDA’s efforts to reform posal and submitted comments. All com- improve the rulemaking analyses, the poten- the meat and poultry inspection system. ments received in connection with these pub- tial benefits from a peer review of the Foodborne pathogens in meat and poultry lic meetings have been placed in the rule- HACCP reform proposal does not justify de- products, such as E. coli, Salmonella and making record. laying reform of this system—a reform that Listeria are believed to cost the nation bil- S. 343 simply adds another level of review is supported by all interests. Similar review lions of dollars from lost productivity, medi- which in this case would result in an unnec- has already been occurring. The scientific cal costs, and death. The virulent E. coli bac- essary delay of essential food safety reform. foundation of the HACCP proposal, in short, teria alone is estimated to cause 20,000 ill- For this and other reasons, I would rec- would have been the subject of extensive re- nesses and 500 deaths annually. Young chil- ommend that the President veto S. 343 if en- view and comment as part of the rulemaking dren and the elderly are particularly vulner- acted in its present form. process. S 9668 CONGRESSIONAL RECORD — SENATE July 11, 1995 First, FSIS published the preliminary reg- All that’s to the good; the only problem is The problem with the Dole bill, co-spon- ulatory impact analysis in the Federal Reg- that regulatory matters are rarely that tidy. sored by Senator J. Bennett Johnston, Dem- ister for comment with the proposed HACCP Among much else, they often involve a great ocrat of Louisiana, is that its complex lan- rule. The NPRM contained a preliminary deal of scientific guesswork, and the bene- guage would not fulfill promises made by the cost-benefit analysis and risk assessment fits—of a cleaner lake, for example—often sponsors. Mr. Dole says his bill would not which explained the assumptions regarding can’t be quantified. The questions are fur- override existing health and safety laws that the risks and costs of foodborne illness to ther complicated when the winners and los- explicitly forbid balancing benefits against the public, the costs of the proposed rule to ers aren’t the same people. Whether or not to costs nor invite judicial challenge of the the regulated community, and the range of issue a particular rule will always be in part minute procedures by which agencies con- benefits in terms of reduced foodborne ill- a value judgment. The cost of compliance duct their analyses. But the actual words ness that the proposed HACCP rule would should be a larger factor in reaching such and likely impact of the bill provide no deci- achieve. Before publishing any final regula- judgments than it has often been in the past; sive protections. tion, FSIS will revise and finalize this cost- it should not be the only factor. That’s the The bill builds in elaborate petition rights benefit analysis based on the comments re- policy zone that this bill seeks to define. by which regulated industries can force received. Second, peer review of the HACCP It isn’t easy. The bill now forbids an agen- view of existing regulations. That will allow proposal is unnecessary since FSIS has held cy to issue a major rule without a finding the affected industries to tie up regulations at least 11 public meetings to discuss and ob- that the benefits ‘‘justify’’ the costs. Some in court and bury agencies in costly adminis- tain comments on all aspect of the reform deregulatory advocates think that’s too trative reviews. The bill also establishes proposal. Three of those meetings were two- weak a word and want the bill to read ‘‘out- seemingly contradictory standards. In some day conferences which addressed various sci- weigh’’ instead. The bill says that, in requir- sections it tells agencies to pick rules that entific and technical issues raised by the ing the weighing of benefits against costs, generate large benefits relative to their rulemaking. Third, the National Advisory the intent is not to ‘‘supersede’’ but to ‘‘sup- costs, but in other places it favors rules that Committee for Microbiological Criteria in plement’’ the ‘‘decisional critera’’ in other simply minimize cost. Foods, which provides impartial, scientific statutes. Environmentalists and the admin- Mr. Glenn’s bill fixes many of these review of agency actions relative to food istration say that’s a word game and that missteps. It would allow industry to chal- safety, also reviewed the HACCP proposal the bill would still override the other stat- lenge only arbitrary or capricious rules, and and submitted comments. All comments re- utes—clean air, clean water and all the not procedural miscues. It would cut admin- ceived in connection with these public meet- rest—because the supplementary standard istrative burdens by limiting cost-benefit ings have been placed in the rulemaking would still have to be met. The bill suggests analysis to major rules. Mr. Glenn would in one place that courts could toss out agen- record. protect against overzealous rule-making by S. 343 simply adds another level of review cy actions only if arbitrary or capricous—the subjecting new rules to review by outside ex- which in this case would result in an unnec- current standard—but elsewhere says the perts and giving Congress 45 days to review agency actions would also have to be sup- essary delay of essential food safety reform. major rules before they go into effect. That ported by ‘‘substantial evidence,’’ a higher For this and other reasons, I would rec- puts Congress, rather than the courts, in standard. ommend that the President veto S. 343 if en- Our own sense is that regulating regula- charge. There is no problem with the existing regu- acted in its present form. tion may turn out to be as hard as regulating The Office of Management and Budget ad- anything else, which suggests that there’s a latory system that warrants Mr. Dole’s radi- vises that there is no objection to the pres- limit to what can likely be constructively cal approach. Why not start with the Glenn entation of this report to the Congress. accomplished by this bill. To require as clear bill, and do more later if necessary? Mr. President, I know that is a a statement as possible of the risks to which lengthy statement this morning. But I a rule is addressed (how serious are they? [From the Plain Dealer, July 9, 1995] wanted to get my views in. We did not how sure can we be?) as well as the likely REASON AND REGULATION have opening statements yesterday. I costs and benefits of compliance (and of rival Sen. John Glenn, a longtime aficionado of think I have laid out today the major approaches) is absolutely the right thing to dry but important issues, is not about to do. To insist that an agency demonstrate differences between S. 343, the bill be- change his image with his latest mission; a that a rule is sensible policy—plainly, that’s bid to temper legislation that would weaken fore us now, and S. 1001. S. 1001 is based right as well. the federal government’s power to impose on the bill that came out of the Gov- The question is, demonstrate where and to regulations. ernmental Affairs Committee on a 15–0 whom? The bill is set up to be enforced But however unglamorous his latest cru- unanimous vote, except for the three through litigation. The courts would become sade may be, there is no question that Glenn changes I mentioned, which are im- the arbiters of whether benefits had been is making a critical contribution on an issue provements to the bill. shown to ‘‘justify’’ costs—but the courts are that is far more consequential than it Mr. JOHNSTON. Will the Senator the wrong place to make such judgments. sounds. At stake is the federal government’s There’s a better idea in a rival bill; when a yield for a question? ability to protect Americans from all sorts major rule is issued, sent it first to Congress, of health, safety and environmental dangers. Mr. GLENN. I hope people will look which would have, say, 45 days in which to Glenn, the ranking Democrat on the Gov- very carefully at these differences and, veto it or let it take effect. It’s Congress, ernmental Affairs Committee, is leading the at the appropriate time, we may want after all, that passed the laws that gave rise challenge to a sweeping regulatory-reform to recommend or may submit as a sub- to the regulations. Since these are essen- bill pending on the Senate floor. stitute S. 1001. I yield the floor. tially political judgments anyway, let Con- The bill, offered by Majority Leader Bob gress also be the one, on the strength of all EXHIBIT 1 Dole, would slow down the regulatory proc- the studies this bill would require, to bless ess by subjecting a broad range of regula- [From the Washington Post, July 6, 1995] or block the results. That’s the right way to tions to cumbersome risk-assessment and REGULATING REGULATION do it. cost-benefit studies. It also would make it The Senate is about to embark on a major easier for industries to fight regulations debate over regulatory reform. The fun- [From the New York Times, July 7, 1995] with lawsuits and petitions. The Dole bill, damental issue is how much weight to give OVERKILL IN REVISING REGULATION which already has been moderated a bit to to costs in measuring the costs and benefits Senator Bob Dole’s bill to reform regu- draw some Democratic support, is generally of regulation. The principal bill is sponsored latory procedures would erect needless ob- similar to legislation already passed by the by Majority Leader Bob Dole. Its backers stacles to adopting Federal health, safety House. say, we think with cause, that in the last 25 and environmental rules. Its excessive provi- Glenn, however, hopes to moderate the to 30 years particularly, too many federal sions invite filibuster by angry Democrats Senate bill further. Though he embraces regulations of too many kinds have been is- and a Presidential veto. The majority leader Dole’s overarching goal of reducing unneces- sued without sufficient regard to cost. That’s could exercise better leadership by joining sary government regulation, as well as some partly because these costs don’t show up in forces with John Glenn, Democrat of Ohio, of Dole’s prescriptions, he is wisely warning any budget. The politicians can impose whose alternative bill would bring common that the Dole bill poses a new bureaucratic them, and for all practical political pur- sense to Federal rules, not extinguish them. risk: that the government will become en- poses, they disappear. Both Mr. Dole and Mr. Glenn start off right tangled in even more paperwork from a flur- The legislation seeks to impose greater by requiring Federal agencies to weigh bene- ry of new litigation, cost-benefit analyses, discipline by requiring more use of both risk fits against costs to weed out regulations and risk-assessment studies. assessment and cost-benefit analysis, the that do more harm than good. The calcula- Glenn is proposing a more reasonable al- first to lay out more clearly the risks that tions are necessarily inexact, especially ternative—a bipartisan regulatory-reform each rule is meant to abate, the second to where non-quantifiable benefits, like the bill almost identical to one approved earlier compare the expected benefits and costs of value of clean air over the Grand Canyon, this year by the Government Affairs Com- compliance. It would then require a finding are involved. But forcing agencies to explain mittee. Glenn’s bill contains numerous pro- that the benefits are somehow commensu- the pros and cons of rules and justify their visions designed to streamline the federal rate with the costs. wisdom gives the public vital information. regulatory process, but it takes a less drastic July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9669 approach than Dole’s. Glenn’s bill, for exam- Mr. GLENN. He is talking about peer in the Federal Register of the question ple, would require risk-assessment and cost- review and subjecting it to judicial re- of whether or not it is a major rule, benefit studies of regulations expected to view. whether or not it pertains to health, have an economic impact exceeding $100 mil- Mr. JOHNSTON. I invite my friend safety, or the environment, or whether lion; Dole’s bill would apply to rules with an impact of $50 million. from Ohio to go back and read the let- or not it affects small business requir- When the Senate returns this week from ter. He may be also complaining about ing the reg-flex—that must be pub- its holiday recess, negotiations are likely to judicial review provisions. Did the Sen- lished in the Federal Register and ap- resume over a possible compromise between ator have any judicial review in his peal taken on that limited question the Glenn and Dole versions. Glenn should proposal? within the first 60 days. Does the Sen- hang tough as long as possible, knowing that Mr. GLENN. Of the final rule. Of the ator agree with me that that is not any compromise he endorses is likely to win final rule only. In S. 1001, we do not what—— Senate approval and then be watered down permit judicial review at each step Mr. GLENN. Well, what I will have to further in negotiations with the House. along the way, as is provided in S. 343. do, I answer my colleague, I would The rules of regulating may not be most have to get a clarification from the politicians’ idea of an exciting cause. But it That is what I mentioned several times is well worth Glenn’s time and effort. this morning. That is just a lawyer’s Secretary as to exactly what he meant dream, as I see it, because they can in some of this. There can be two inter- Mr. GRASSLEY addressed the Chair. challenge at any point along the way pretations of it, as there can be dif- Mr. JOHNSTON. Mr. President, will virtually where we provide for a final ferent interpretations as to whether ju- the Senator yield for a question? rule. You can take the whole rule- dicial review is required each step The PRESIDING OFFICER (Mr. making process, and once it is ready to along the way. That is not certain at ASHCROFT). The Senator from Iowa. become finalized, to become a rule, this point. I think there are different Mr. JOHNSTON. Will the Senator then it can be challenged in court. interpretations of that. I believe that from Ohio yield for a question? Then you can have judicial review. is one of the areas in which we had Mr. GLENN. I yield the floor. Mr. JOHNSTON. Is the Senator trouble getting language clarified, was Mr. JOHNSTON. He will not yield for aware that S. 343 does not allow judi- it not? a question? cial review at every step along the Mr. JOHNSTON. I think the Glenn Mr. GLENN. I yield the floor. way? It simply allows an interlocutory bill is ambiguous on that question. I do Mr. JOHNSTON. He yields the floor review for three limited questions. not believe S. 343 is in its present form. or yields for a question? First, whether it is a major rule; that We will debate that at a separate time. Mr. GLENN. Yield for a question. is, whether its impact will be $50 mil- I am simply saying that the Glenn bill Mr. JOHNSTON. I thank the Senator lion—and I hope we can change that to is subject to the same thing on peer re- from Ohio. Mr. President, the Senator $100 million—but the size of the rule. view that he says the Secretary of Ag- from Ohio just read a copy of a letter Second, whether it is a matter affect- riculture says S. 343 has. Only ours is from Secretary of Agriculture Dan ing health, safety or the environment, more flexible with respect to peer re- Glickman to Democratic leader TOM which would require a risk assessment. view than his because we allow for in- DASCHLE dated July 11 which he read in Third, whether it would require the formal peer review, and the Glenn bill full which recommended veto because reg-flex for small business. And that does not. Mr. GLENN. S. 343 would take effect the Dole-Johnston bill added another limited appeal would have to be made sooner and would affect these rules level of procedure, which would be the in 60 days. That is not to give a law- more, where our effective date is later. peer review of these matters in food yer’s dream; that is to give certainty, safety. Mr. JOHNSTON. Now, if I may ask so that you do not, at the end of the the Senator this. The Senator said that I am looking at the Glenn substitute, process, have to go back and do the particularly pages 27, 35, 36, and 37, and under S. 343 rules automatically sun- peer review and the risk assessment if set. Now, two questions: I see a peer review situation of exactly you were incorrect about the size of the sort that Secretary Glickman de- First, is he not aware that in S. 343 the impact of the rule. Now, that is not we now provide—this has been added scribes. I ask the Senator from Ohio, what he is complaining about here, am I not correct, does he not include since it originally started—that any in- that interlocutory appeal. That is a terested party may petition the court the same kind of peer review and, in- separate thing. Would the Senator not deed, that includes on page 27 review of of appeals for D.C. to get an extension agree with me that I have correctly of up to 2 years upon a showing that the Food Safety and Inspection Service stated what S. 343 states, and if I have the rule is likely to terminate, that the for peer review? not stated it correctly, would he cor- agency needs additional time, that ter- Mr. GLENN. I think what the Sec- rect me on how I have misstated it? minating the rule would be in the pub- retary is complaining about is the ef- Mr. GLENN. Well—— lic interest, and that the agency has fective date on this. Ours would not Mr. SIMON. Parliamentary inquiry, not expeditiously completed its review. have the same time of effectiveness as Mr. President. You cannot only get an extension of 2 S. 343. The PRESIDING OFFICER. The Sen- years, but you can get such court or- In addition, as the Senator from Lou- ator from Iowa has the floor. ders as are appropriate, such as to com- isiana will note, one of the major dif- Mr. SIMON. That was my question: plete the rulemaking, or commence the ferences he had with S. 343 is making Who has the floor? rulemaking, or advance the schedule, the record subject to judicial review The PRESIDING OFFICER. The Sen- whatever court orders are necessary; provisions which could delay things in ator from Ohio yielded the floor. The and is he aware of that, and in light of a major way, as he says at the top of chair recognized the Senator from that, would he not say that a sunset is the second page of his letter. I might Iowa, who yielded for this colloquy. not automatic under S. 343 but is sub- add, the letter was not just to the mi- Mr. GLENN. Repeat your question. ject to that extension? nority leader, it was to both the major- Mr. JOHNSTON. The Senator says Mr. GLENN. What happens at the end ity and minority leaders. that the Secretary of Agriculture ob- of 2 years? Two years is not much in Mr. JOHNSTON. Do I misread this jects because there is an interlocutory this rulemaking thing, as he is aware. when he says in the last paragraph on appeal provided in S. 343. Having recog- Sometimes it takes 3 or 4 years to get the first page that ‘‘S. 343 would sig- nized that both bills, the Glenn sub- a rule put into effect. Two years is not nificantly delay this essential reform stitute and S. 343, provide for an appeal a long period of time. by requiring USDA to establish a peer from the final agency action. So what Mr. JOHNSTON. After the 3 years, 5 review panel which satisfies the cri- the Senator from Ohio says is that the years. teria in S. 343, submit a cost-benefit Secretary of Agriculture is objecting Mr. GLENN. At the end of that time analysis and risk assessment [analyses] because of an interlocutory appeal. My it would sunset, is that correct? to the panel, and convene the panel to question to him is, would he not agree Mr. JOHNSTON. At the end of the 5- review the analyses’’? He is not talking with me that that interlocutory ap- year period, it would sunset. Keep in about appeal or effective date, he is peal—that is, an appeal taken within mind that it did not get on the sched- talking about peer review, is he not? the first 60 days after the publication ule and that the person at the agency S 9670 CONGRESSIONAL RECORD — SENATE July 11, 1995 was in charge of the schedule, and so ment, because there are a lot of this issue and for this reason I fully he or she could advance the rule as misperceptions about the legislation. support it. quickly as he could. Would the Senator I support the Dole amendment on E. But I think what is at issue here is say that 5 years is not a sufficient coli and other food borne pathogens. I this. The regulators and organizations time? would like to be able to argue that the in this town who support massive big Mr. GLENN. It took 5 years to get amendment is necessary to protect the Government regulation—and of course put into place. public health from threats to food safe- Members of this body who are support- Mr. SIMON. Point of order, Mr. ty. ive of that concept as well—see their President. But I think we have to be honest power to stretch the meaning of legis- The PRESIDING OFFICER. The Sen- with each other. The regulatory reform lation to an extreme, to do what is in ator from Iowa has the floor. Does he act of 1995—that is the title of the bill their mind everything the law will yield for an inquiry? before us—will not in any way jeopard- allow, just stretch the intent of Con- Mr. JOHNSTON. Will the Senator ize the safety of this country’s food gress as much as you can—they see this from Iowa yield for another question? supply. So then why the Dole amend- legislation as impeding their power. Mr. GRASSLEY. I will yield. But is ment? They do not like that. It is this power it going to come to a close soon? The Dole amendment is necessary in this town versus, then, the power of Mr. JOHNSTON. Yes. due to fear mongering and scare tactics the people at the grassroots who want Mr. GRASSLEY. I ask unanimous used by opponents of regulatory reform to make sure that public health and consent to extend the time to recess in this town. They are doing this in an safety is protected. We all want that to until 12:45. attempt to kill this legislation, S. 343, happen. But we want to make sure that Mr. GLENN. Reserving the right to which has been caught up in the poli- it is done in a reasonable way—not object. tics and misinformation over the pro- from emotion but from reason. Mr. GRASSLEY. Why do I not take posed meat inspection regulations. The regulators’ mindset is to look at the floor then. I thought this was a We have all seen television commer- scientific data differently than the way good exchange. cials, and we have seen the political scientists look at scientific data. This Mr. JOHNSTON. If I could ask one cartoons characterizing Republicans, legislation is going to make sure that more question. in particular, as supporting ‘‘dirty Mr. GLENN. I could not agree to risk assessment and regulation gen- meat.’’ It makes it sound like we are doing that. That is done by the leader- erally has a scientific basis. It is a way rolling back meat inspection require- ship. of taking emotion out of so much of Mr. JOHNSTON. One more question. ments. This is demagoguery, Mr. Presi- the debate that comes with regulation. Did the bill which the Senator has dent, at its worst. There is not a Mem- There have been many instances in touted that came out of committee by, ber of this Chamber that would put the which regulatory agencies have issued I think, a unanimous vote, not provide health of this Nation’s children at risk, regulations and then they would put for a sunset of all bills with no exten- or anybody of any age at risk. together panels of scientists, most Yet, the administration and the op- sion at the end of 10 years on the sun- from academia, to come in and look at ponents of this bill would have you be- set provisions. Did that bill not so pro- the science behind the regulations that lieve that the proposed meat inspection vide? are issued. There are instances in Mr. GLENN. We have changed that in regulation would somehow be delayed which the scientific panels would say the Glenn-Chafee bill. or even eliminated altogether by this that the science is not good; where the Mr. JOHNSTON. With a 5-year exten- bill. That is simply not the case. panels would not back the science of sion. This bill already allows agencies to the regulatory agency that was behind Mr. GLENN. We changed the sunset avoid conducting cost-benefit analyses the regulation writing. Panels of sci- and review provision. and risk assessment when a regulation entists would say to the agency, ‘‘Go Mr. JOHNSTON. The bill you voted is necessary to avoid an ‘‘emergency or back to the drawing board. Start over for in committee. health safety threat.’’ And the words again.’’ The politics of the agency or Mr. GLENN. We no longer have a ‘‘emergency or health safety threat’’ the politics of this town gets in the sunset in this. The bill came out in are from the legislation. Furthermore, way of good regulation writing because committee and we changed that later even if this exemption were not in the of the regulators’ mindset to not view on. bill, the proposed regulation on meat scientific data the same way that sci- Mr. JOHNSTON. The bill out of com- inspection has already passed cost-ben- entists would. mittee did have the sunset and did not efit scrutiny by both USDA and OMB. The attitude in this town is to have have any ability to get court orders to So a regulation that they fear is in just enough science as a rationale for order the agency to take action. jeopardy has already gone through this your regulation. The attitude in this Mr. GLENN. No, it came out with a process to satisfy this legislation. The town is that we do not want science to 10-year limit, with a Presidential right administration and opponents of regu- disprove anything. Regulatory agencies to extension. If the agency did not re- latory reform somehow seem to want it do not want science to disprove any- view it, it would sunset. We now realize both ways. On the one hand, they argue thing. What they basically want is just that was wrong because somebody that if this bill is passed, there will be enough data to support a regulatory could delay it over in an agency and a serious and imminent threat to the decision already made, a political deci- sunset a bill by not doing anything. So Nation’s food supply. sion already made. we took that out. S. 1001 does not have If this argument is correct, the ex- So what this legislation does is put that in there. emption in this bill allows for the im- in process a procedure by which sci- Mr. JOHNSTON. I thank the Senator plementation of the meat inspection entific evidence is going to carry a from Iowa for yielding. regulation without conducting cost- greater weight. Most important, Mr. GRASSLEY. The Senator from benefit analysis and risk assessment. though, there is going to be judicial re- Louisiana has been so involved in this But, on the other hand, they argue that view and congressional review of the legislation, so I thought it was very if the exemption does not apply, the decisionmaking process so regulators, important that I give him time to have meat inspection regulation will be held who are told to use sound science, will that communication with the Senator up because it would not pass muster have to use sound science. Or, if they from Ohio, because I think there is a under this bill. do not, there are going to be other peo- lot of misperception about this legisla- That is not true. Because, appar- ple looking over their shoulders. tion. I think what the Senator from ently, the regulation has already This legislation is going to make the Louisiana just had to say in the way of passed the cost-benefit analysis that is regulatory process more intellectually asking questions helped clear up some required. So even though I do not be- honest. It is going to eliminate those of the misperceptions about this legis- lieve this amendment is necessary, I instances in which the politics of this lation. think it does help clarify the meaning town or the politics of a regulatory Also, the Dole amendment is before of the bill. Most important, it is going agency say which regulations they are us. I want to speak on the Dole amend- to stop opponents from demagoging on going to write, and then scientists July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9671 come in and say sound science does not Let me give another example. leading illness of all U.S. children. A back up the regulation, so go back to When it was proposed that we have young boy named Kyle Damitz spoke the drawing board. There should not be safety belts in our cars, the automobile at this press conference. He and his any more need to go back to the draw- industry was not enthusiastic about brother both spoke. Here is what Kyle ing board unless a court would say that that, as many of us here will recall. Damitz had to say. they should, or the Congress would say Here is Henry Ford II, in response to Hi, my name is Kyle Damitz. that they should, through the process this proposal, in 1966. I am 6 years old. of review. Many of the temporary standards are un- I go to Farnsworth school. It is very important that we have a reasonable, arbitrary and technically unrea- I have asthma. sound scientific basis for regulation. sonable. If we cannot meet them when they I love to play sports. In the summer when the air is dirty, I are published, we’ll have to close down. But it is more important that the regu- can’t go outside. I can’t breathe in the dirty lation writers are held accountable, by This was seatbelts. They were going air. having somebody look over their shoul- to have to close down American auto- And my mom makes me come inside. der. This legislation is very rational, a mobile manufacturing because of seat- This is not fair to me and my brothers and very rational approach to regulation belts. everyone with asthma. writing. This legislation is badly need- We voted for seatbelts and, lo and be- We need to tell the president, to make new laws. So that all the kids with asthma can ed to make sure that regulation is hold, it has not hurt American manu- within the least costly approach to play outside all the time. facturing. As a matter of fact, the Jap- How do you do a cost-benefit analysis give us the most benefit. anese were there ahead of us and we This legislation is simply common on kids playing outside who have asth- are saving thousands of lives every ma? I think you have to recognize the sense, and that is what we do not have year. enough of in this town—maybe even in cost-benefit test simply is not a work- Here is Lee Iacocca, and I am ordi- able test. the laws we write, but most important narily a Lee Iacocca fan. He was then in the regulations. That is why Senator Mr. JOHNSTON. Mr. President, will vice president of Ford Motor Co., in a the Senator yield on that point? DOLE’s amendment is very important, meeting with President Richard Nixon, Mr. SIMON. Let me finish, and then to take some of the emotion out of this April 27, 1971: I will be happy to yield to my colleague debate. It is very important that we . . . the shoulder harness, the head rests from Louisiana. get some of this legislation passed, this are complete wastes of money. You can see The State of Illinois tried a cost-ben- regulatory reform bill passed, so we that safety has really killed all of our busi- efit criteria in terms of its water and take some of the emotion out of the ness. We’re not only frustrated, but we’ve air pollution and found it just was not whole process of regulation writing in reached the despair point. workable. this town. Now, all of a sudden it sells cars. Now Jacob Dumelle, the chairman of the Mr. President, I have a request from they are bragging about the very Pollution Control Board from 1973 to the leader to read a unanimous-consent things that they opposed: Airbags. I 1988 commented about why the Illinois request. can remember, in 1990, the fall of 1990, Pollution Control Board had banned The PRESIDING OFFICER. The Sen- right after the election I wanted to buy ator from Iowa. the mandatory economic impact analy- an American car. The only American sis. This is a quote from him: Mr. GRASSLEY. Mr. President, I ask car that had airbags on the passenger unanimous consent that the order for Cost-benefit analyses are expensive, hard side was a Lincoln—meaning no dis- to do. In the end, you try to put a dollar the recess at 12:30 be delayed for up to respect, I am not the Lincoln type. I 15 minutes in order to allow for a state- value on human lives. am a Ford, Chevrolet, or Plymouth. I You just cannot do that effectively. ment by Senator SIMON. could not buy an American car that The PRESIDING OFFICER. Without The cost-benefit test just does not had airbags on the passenger side. I fi- make sense. objection, it is so ordered. nally bought a Chevrolet that had Mr. GLENN. Reserving the right to Let me quote, and I ask unanimous them on the driver’s side, not on the object. consent, Mr. President, that an article The PRESIDING OFFICER. Is there passenger side. Now they are bragging of July 17 from Business Week be print- about the very things they opposed. objection? ed in the RECORD. Without objection, it is so ordered. If this law were not in effect, would There being no objection, the mate- The Senator from Illinois is recog- we have moved ahead on seatbelts and rial was ordered to be printed in the nized. airbags? I think the answer is clearly RECORD, as follows: we would not have. Mr. SIMON. Mr. President, I thank [From Business Week, July 17, 1995] Let us take a look at a few other my colleague from Iowa for making the ARE REGS BLEEDING THE ECONOMY? unanimous-consent request. things. Lead solder out of food cans. MAYBE NOT—IN FACT, THEY SOMETIMES BOOST What we need in this field is some These are examples from the FDA. COMPETITIVENESS balance. There is no question we have Final rules published June 27, 1995; ef- (By John Carey, with Mary Beth Regan) overregulation. Anyone, in any field—I fective date to stop manufacturing do not care whether it is education, cans with lead solder is December 27, To the Republican Congress, regulations 1995. What is going to happen if this are like a red cape waved in front of a raging medicine, what the field is—recognizes bull. ‘‘Our regulatory process is out of con- we have overregulation. But the bill law comes into effect? I do not know. trol,’’ says House Science Committee Chair- that came out of the committee headed Requiring quality standards for mam- man Robert S. Walker (R–Pa.). He and other by Senator ROTH and Senator GLENN, mography tests, publication of pro- GOP leaders charge that nonsensical federal being the ranking member, that came posed regulations are planned for Octo- rules cripple the economy, kill jobs, and sap out 15 to nothing—that strikes me as ber 1995. You have people who are not innovation. That’s often true: Companies having that balance. Let us just take a providing quality tests for women. must spend enormous sums making toxic- look at a few examples. What happens if this goes into effect? waste sites’ soil clean enough to eat or ex- Cables and lead wires in hospitals have tracting tiny pockets of asbestos from be- Iron poison—between 1990 and 1993, 28 hind thick walls. children under the age of 6 died from caused the deaths of a number of peo- That’s why GOP lawmakers on Capitol Hill iron poisoning after taking adult iron- ple. FDA has proposed a regulation to want to impose a seemingly simple test. In a containing products. Overdoses of iron require that cables which connect pa- House bill passed earlier this year and a Sen- tablets by children can result in intes- tients to a variety of monitoring and ate measure scheduled for a floor vote in tinal bleeding, shock, coma, seizures, diagnostic devices be designed so that July, legislators demand that no major regu- or possibly death. Iron is now a leading the cables could not be plugged di- lation be issued unless bureaucrats can show cause of poisoning deaths for children rectly into a power source or electric that the benefits justify the costs. ‘‘The reg- outlet. Proposed rules were published ulatory state imposes $500 billion of burden- under the age of 6. some costs on the economy each year, and it The FDA has proposed warning la- June 12, 1995. What happens? is simply common sense to call for some con- bels. This bill might well delay what Take another example, Mr. Presi- sideration of costs when regulations are is- could come, and would permit judicial dent. I had a press conference with two sued,’’ says Senate Majority Leader Bob Dole review that clearly could cause delay. little boys with asthma. Asthma is the (R–Kan.). S 9672 CONGRESSIONAL RECORD — SENATE July 11, 1995 That sounds eminently reasonable. But technology that boosted productivity while the last sentence of this article. This is there’s a serious flaw, according to most ex- lowering worker exposure. not from some wild-eyed radical liberal perts in cost-benefit calculations. ‘‘The les- Of course, it’s possible to find examples of publication. This is from Business underestimated regulatory costs. And even son from doing this kind of analysis is that Week. it’s hard to get it right,’’ explains economist critics of the GOP regulatory reform bills Dale Hattis of Clark University. It’s so hard, aren’t suggesting that cost-benefit analysis Overreliance on cost-benefit analysis could in fact, that estimates of costs and benefits is worthless. ‘‘We should use it as a tool’’ to make things worse for business, workers, and may vary by factors of a hundred or even a get a general sense of a rule’s range of pos- the environment. thousand. That’s enough to make the same sible effects, says Joan Claybrook, president I think we ought to be going back to regulation appear to be a tremendous bar- of the Ralph Nader-founded group Public Cit- the bill by our colleague from Dela- gain in one study and a grievous burden in izen. But she and other critics strongly op- ware, Senator ROTH. I think that has the next. ‘‘If lawmakers think cost-benefit pose the Republican scheme to kill all regs balance. I think this bill does not have that can’t be justified by a cost-benefit exer- analysis will give the right answers, they are balance. This bill is going to end up in deluding themselves,’’ says Dr. Philip J. cise. As a litmus test for regulation, ‘‘the uncertainties are too broad to make it terribly endless litigation. I know my colleague Landrigan, chairman of the community med- from Louisiana is sincere, as is the ma- icine department at Mount Sinai Medical useful,’’ says Harvard University environ- Center in New York. mental-health professor Joel Schwartz. jority leader. But I think it is moving There’s a greater problem: The results What is useful is moving away from a com- in the wrong direction. from these analyses typically make regula- mand-and-control approach to regulation. I am pleased to yield to my colleague tions look far more menacing than they are There’s widespread agreement among compa- from Louisiana for a question. in practice. Costs figured when a regulation nies and academic experts that bureaucrats Mr. JOHNSTON. I ask my friend, is issued ‘‘almost without exception are a should not specify what technology compa- would he not agree that benefits to profound overestimate of the final costs,’’ nies must install. It’s far better simply to set a goal, then give industry enough time to health, safety, or the environment are says Nicholas A. Ashford, a technology pol- by their nature nonquantifiable; icy expert at Massachusetts Institute of come up with clever solutions. ‘‘We need the freedom to choose the most economic way to human life, health, clean air? Technology. For one thing, there’s a tend- meet the standard,’’ explains Alex Krauer, Mr. SIMON. They are not. That is ency by the affected industry to exaggerate chairman of Ciba-Geigy Ltd. Krauer, for ex- the regulatory hardship, thereby overstating why I think we have to be very, very ample, points to new, cleaner, processes for the costs. careful in this area. producing chemicals that end up being far More important, Ashford and others say, If I may regain my time just for a cheaper than installing expensive control flexibly written regulations can stimulate minute, when you talk, for example, in technology at the end of the effluent pipe. companies to find efficient solutions. Even an area that the Senator from Louisi- critics of federal regulation, such as Murray DUMB THINGS ana knows much about, and the Presid- L. Weidenbaum of Washington University, But when goals are being set for industry, ing Officer does, and I do, and that is point to this effect. ‘‘If it really comes out of the proposed cost-benefit analysis approach flood control, then when you talk your profits, you will rack your brains to re- could have a perverse effect. That’s because agencies are rarely able to foresee the low- about cost-benefit, it is very easy. duce the cost,’’ he explains. That’s why When you talk about something like many experts say the $500 billion cost of reg- pollution processes industries may concoct. ulation, bandied about by Dole and others, is Smokestack scrubbers are a good example. asthma, then you are talking about way too high. The bean-counters will use the known price something where it becomes very, very Take foundries that use resins as binders of expensive scrubbers in their analyses. difficult. in mold-making. When the Occupational Their cost-benefit calculations will then Mr. JOHNSTON. Is the Senator Safety & Health Administration issued a new argue for less stringent standards. And those aware that at my behest, we put in lan- standard for worker exposure to the toxic won’t help spark cheaper technology. The re- guage in the bill contained on page 36 chemical formaldehyde in 1987, costs to the sult can be the worst of both worlds: costlier that says if scientific, technical, or industry were pegged at $10 million per year. regulation without significant pollution re- economic uncertainties or ductions. ‘‘It’s a vicious circle,’’ explains The assumption was that factories would nonquantifiable benefits to health, have to install ventilation systems to waft Stone. ‘‘If you predict that the costs are away the offending fumes, says MIT econo- high, then you stimulate less of the innova- safety, or the environment identified mist Robert Stone, who studied the regulation that can bring costs down.’’ by the agency in the rulemaking record tion’s impact for a forthcoming report of the There’s no doubt reform is needed. ‘‘Frank- make a more costly alternative that congressional Office of Technology Assess- ly, we have a lot of dumb environmental reg- achieves the objectives of the statute, ment (OTA). ulations,’’ says Harvard’s Schwartz. But he appropriately and in the public inter- puts much of the blame on Congress for or- BOTTOM LINES est, that that more costly alternative dering agencies to do dumb things. Now, may be accepted because of the Instead, foundry suppliers modified the Congress is tackling an enormously complex resins, slashing the amount of formaldehyde. issue without fully understanding the rami- nonquantifiable benefits to health, In the end, ‘‘the costs were negligible for fications. Schwartz and other critics worry. safety, and the environment, or be- most firms,’’ says Stone. What’s more, the Overreliance on cost-benefit analysis could cause of the uncertainty of science and changes boosted the global competitiveness make things worse for business, workers, and data? boosted the global competitiveness of the the environment. Is the Senator aware that that U.S. foundry supply and equipment industry, REGULATION ISN’T ALWAYS A COSTLY BURDEN amendment was added to this bill since making the regulations a large net plus, he argues. Many regulations cost much less than ex- that Business Week article was writ- While federal rules that improve bottom pected because industry finds cheap ways to ten? lines are rare, regulatory costs turn out to comply with them. Mr. SIMON. Let me just add, there is be far lower than estimated in case after COTTON DUST no question that the Senator from Lou- case (table). In 1990, the price tag for reduc- 1978 regulations aimed at reducing brown isiana has improved the bill before us. ing emissions of sulfur dioxide—the cause of lung disease helped speed up modernization Mr. JOHNSTON. Does that not cover acid rain—was pegged at $1,000 per ton by and automation and boost productivity in the exact things the Senator from Illi- utilities, the Environmental Protection the textile industry, making the cost of nois was talking about, the boy with Agency, and Congress. Yet today the cost is meeting the standard far less than predicted. the asthma, the kid with the lead? $140 per ton, judging from the open-market VINYL CHLORIDE Mr. SIMON. I think the answer is price for the alternative, the right to emit a Reducing worker exposure to this carcino- ton of the gas. Robert J. McWhorter, senior what is quantifiable and what is gen was predicted to put a big chunk of the nonquantifiable is going to become a vice-president for generation and trans- U.S. plastics industry out of business. But mission at Ohio Edison Co., says the expense automated technology cut exposures and matter of jurisdiction of the courts could rise to $250 when the next round of con- boosted productivity at a much lower cost. under this legislation. I think we are trols kicks in, ‘‘but no one expects to get to ACID RAIN going to have endless litigation. $1,000.’’ The reason: Low-sulfur coal got Mr. JOHNSTON. Under the definition Efficiencies in coal mining and shipping cheaper, enabling utilities to avoid costly of benefits, we have already included scrubbers for dirty coal. cut prices of low-sulfur coal, reducing the need to clean up dirty coal with costly scrub- the quantifiable benefits. That is put Likewise, meeting 1975 worker-exposure into your cost-benefit ratio. This says standards for vinyl chloride, a major ingredi- bers. So utilities spend just $140 per ton to ent of plastics, ‘‘was nothing like the catas- remove sulfur dioxide, vs. the predicted that this is a little extra that you are trophe the industry predicted,’’ says Clark $1,000. able to add. If you are not able to quan- University’s Hattis. He found in a study he Mr. SIMON. Mr. President, that arti- tify the value of life, which by its na- did while at MIT that companies developed cle is about this legislation. Listen to ture is nonquantifiable, or the value of July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9673 clean air, then you can add that on and COMPREHENSIVE REGULATORY precluded from spending it on things have a more costly alternative. REFORM ACT that could really be more important That is exactly and precisely to deal The Senate continued with the con- and helpful to us. with the problem that my friend from sideration of the bill. Cost-benefit analysis, some people Illinois so eloquently described, which Mr. KYL addressed the Chair. say, is a new and a foreign concept. is the kid with asthma, the people with The PRESIDING OFFICER. The Sen- Well, businesses fail if they do not uti- safety belts, and all that. It is ator from Arizona. lize cost-benefit analysis. At every nonquantifiable. It is human life. You Mr. KYL. Mr. President, I would like turn, individuals are confronted with do not put a dollar value on human life to speak for a moment in support of decisions that require weighing the or on the value of clean air. the Dole amendment, and therefore in pluses and minuses and the benefits I urge my colleagues to go back and support of this legislation as we will and costs. These are decisions that we read on page 36 those words. I think it amend it. make every day. We call it common covers this like a hand in a glove. The question before us is whether or sense. When we decide to get in our Mr. LEVIN. Will the Senator from Il- not benefits justify costs. That is real- automobile and drive somewhere, we linois yield on that exact same point? ly all we want to know. Given that the know that the national highway fatal- ity and accidents statistics weigh fair- Mr. SIMON. I am pleased to yield to Judiciary Committee’s report places ly heavily toward the possibility that my colleague from Michigan. the regulatory burden on our economy at over $881 billion, I think that is a sometime in our life we are going to be Mr. LEVIN. I hope also all of us will reasonable question to ask. That aver- involved in an accident in which we are read that language which was referred ages just under $6,000 for every house- going to be harmed and yet we con- to by the Senator from Louisiana. But hold in this country—$6,000 that fami- sciously make the decision that be- what it does not cover are areas where lies in this country cannot spend on cause the benefits to us of arriving at we cannot quantify the benefits, such other things because the money has to our destination using our automobile as how many fewer asthma attacks will be given to the Government or has to are worth more than the risks, we de- result? That is quantifiable, let us as- be used in other ways to comply with cide to take those risks. sume for a moment. The value of avoid- the costs of regulation. In another more simple example, we ing it may not be quantifiable. But the That is why these costs are cloaked cross the street every day, and most of fact that we could avoid a certain num- in what amounts to a hidden tax. They us understand that there is some de- ber of asthma attacks, or deaths in are passed on through lower wages, gree of risk in crossing the street; peo- many cases, is very quantifiable. through higher State and local taxes, ple are harmed every day by doing We sought from the Senator from through higher prices, through slower that, but the benefits of us getting to Louisiana and others language which growth and fewer jobs. I said fewer our destination exceed the costs, or the would say that where you can quantify jobs. According to William Laffer in a potential risk to us in making that a reduction in deaths or asthma at- 1993 Heritage Foundation report, and I particular trip. tacks, we should then not be forced to am quoting: So as human beings, as families, as use the least costly approach. We may There are at least three million fewer jobs individuals, we make decisions, many want to reduce more asthma attacks in the American economy today than would decisions every day that involve some and save more lives with a slightly have existed if the growth of regulation over theoretical and sometimes not so theo- more expensive approach. We were un- the last 20 years had been slower and regula- retical risks to ourselves. Yet we do able to get that language. tions more efficiently managed. that knowingly, and we do that under- So, yes. It is very important that all To put it in perspective further, the standing that sometimes benefits can of us understand the point that is made Americans for Tax Reform Foundation outweigh those risks. It is the applica- by the Senator from Louisiana. But it found that each year Americans work tion of common sense. And what we are does not solve the problem which has until May 5 to pay for all Government asking for with respect to the regula- been raised by the Senator from Illi- spending. If you add the cost of regulations that are imposed upon us, is that nois. tions, each American has to work until there be a little bit more common Mr. SIMON. Mr. President, I think July 10—I believe that was yesterday— sense, a little bit more care to go into the dialog we have just had suggests in order to pay for all of the taxes and the development of these regulations. that my point is valid, that we are regulations imposed upon us. That is Now, one of my colleagues this morn- going to end up with the courts decid- over a half year of work to pay the ing spoke, and I thought made an ex- ing what is quantifiable and what is total cost of Government, and 2 cellent point, that Government gen- not quantifiable. I think we should months of that hard work must pay for erally is supposed to do for us what we move slowly in this area. I have been in the costs of regulation. As I said, that cannot do for ourselves. Most of us be- Government a few years now, Mr. is money families could spend making lieve that. We appreciate the fact that President. I was first elected to the their own decisions on how to spend for in many cases we cannot as individuals State legislature when I was 25. I am their own health care, safety, and edu- understand the risks involved and we now 66. I have found generally that cation. cannot police everything that could when we take solid, careful steps, we According to a 1993 IPI policy report, pose a particular risk to us. And so we are much better off than when we do regulations add as much as 95 percent ask the Government to do that for us. these sweeping things. to the price of a new vaccine. And Jus- We empower Government agencies to I think what we have before us now is tice Breyer, who has recently been ele- do tests, to do analysis, and to actually well intentioned, but too sweeping, in vated to the Supreme Court, wrote a establish standards. Then they fre- answer. The pendulum will go from one book called ‘‘Breaking the Vicious Cir- quently report those standards to us on cycle to the other. cle,’’ in which he poses the following a product or on a label or by some reg- Mr. President, I yield the floor. question: ‘‘Does it matter if we spend ulation precluding the manufacture or too much overinsuring our safety?’’ use of something that would be dan- f And he answers his own question. ‘‘The gerous to us. We do that certainly in our food in- RECESS money is not, nor will it be, there to spend, at least not if we want to ad- dustry in a way that is understood by The PRESIDING OFFICER. Under dress more serious environmental or all, in the approval of drugs and in the previous order, the hour of 12:55 social problems—the need for better many, many other ways. We ask the having arrived, the Senate stands in re- prenatal care, vaccinations and cancer Government to do for us what we can- cess until the hour of 2:15 p.m. diagnosis, let alone daycare, housing, not do for ourselves, to understand the Thereupon, the Senate, at 12:46 p.m., and education.’’ risks. That is called a risk assessment, recessed until the hour of 2:15 p.m.; In other words, Mr. President, it is to do a cost-benefit analysis. Indeed, whereupon, the Senate reassembled foregone opportunity in the sense that most Presidents since President Ford when called to order by the Presiding by spending this money on something have, in fact all Presidents I think Officer (Mr. GRAMS). where its benefits are marginal, we are have, in effect, imposed a cost-benefit S 9674 CONGRESSIONAL RECORD — SENATE July 11, 1995 analysis requirement on most Govern- of being able to enforce those regula- that little sucker, but supposedly it is ment agencies as a matter of Executive tions. there. Let us assume that it exists. And order. The problem is it is enforced That is why we need to be very, very if it does, we certainly want to pre- more in the breach than in the compli- careful about the kind of regulations serve it and save it. ance. And so many agencies do not fol- that have been imposed; and, second, But what the local officials were ask- low that cost-benefit analysis in the es- because we have certainly seen in- ing the Army Corps of Engineers to do tablishment of regulations. And that, I stances in which there has been an was to build up a little dirt berm, now will get back to, is basically what we overregulation; and, third, because the that the river has gone back down are asking these Government agencies cost of those regulations on our society again and does not flow very heavily, to do. When we give to them the obli- cannot necessarily be fully appreciated to redirect the river back to its origi- gation of protecting us in some way, by the individual who is promulgating nal channel. Now, if the sucker exists, we want them to do it in a way that the regulation. and if it lived all of these years in its represents common sense and at the That is why we want to make it very original channel in the Gila River, then least cost consistent with the protec- clear to the people to whom we entrust presumably it can do just fine living tion which we want. with that authority that we, the Con- where it always lived, and it is no dan- Now, there is an argument that has gress, want them to examine both the ger to that species that the river is been made that the regulatory agencies risks and the costs against the benefits being redirected back where it always ought to be expected to exercise the to be achieved by the regulations that was. And by doing that, the bridge can same sort of common sense that indi- they would impose. be constructed, the people can travel viduals do. I want to make a couple Let me give you an example, Mr. safely, and life returns normally to the points about that. President, that occurred in my home people in Graham County. But, alas, First of all, Mr. President, whenever State not too long ago. It is an exam- the Army Corps of Engineers could not we hand power to the Government, it ple I cite because it really had a happy get the approval from the Department should be viewed with a special or ending, but no thanks to the law that of the Interior to go forward with these through a special lens because the Gov- we wrote and the regulations that were plans. promulgated pursuant to that law. ernment exercises power far beyond Finally, the situation was dangerous that which can be exercised by any of In Graham County, AZ, a rural area primarily of cotton farming and other enough, the people were fed up enough, us as individuals or even as a business the situation was frustrating enough, agriculture, there is a river called the organization. Some call it the heavy costing enough, that the people of Gra- Gila River, which does not overflow hand of Government. But we all appre- ham County said, ‘‘We’ve got to do very often but when it does, unfortu- ciate the fact that when we pass a law something about this ourselves. We nately, it is a wild river. It flooded in in the Congress, and when the execu- have to take matters into our own 1993 in January. The flood was signifi- tive branch agencies of Government ad- hands, apply a little common sense.’’ minister that law pursuant to our di- cant enough to wipe out a bridge about They notified the Army Corps of En- rection, they are doing so under the 5 miles east of Safford, the county seat gineers of their plans to build a little color of, under the authority of, under of Graham County. Unfortunately, dirt berm, to redirect the channel back the color of law—the power of the Gov- when that happened, the river changed where it had been and build a little ernment to enforce that law. And we as its course and went several hundred low-river crossing there. And, fortu- citizens are supposed to know what yards to the south wiping out a lot of nately, the Army Corps of Engineers that law is. farmland and causing a great deal of We all learned in school that igno- havoc. The primary thing that hap- exercised what they call ‘‘enforcement rance of the law is no excuse. And yet pened was that there was no more op- discretion’’ and did not cite the county there are over 20 million words of regu- portunity to cross the river there for officials when that is precisely what lation today, about 36,000 pages of reg- the people who lived on the other side occurred. ulations in the Federal Register. We without a 28-mile detour across a Now the river has been channeled cannot all be expected to know what bridge that was very narrow, 20 feet back in its original place. A low-river those are. We do not need to know wide, a bridge one could not build crossing has been built. And plans are what they all are. But I daresay that today under Federal regulations, and going forward to reconstruct the there are a lot of regulations that probably a good thing because it is not bridge. An application of common could end up suggesting that we are in a very safe bridge. School kids got up sense by common people, having their violation of some law that, in fact, we an hour earlier in the morning and lives to live, who just could not afford do not even know about. That is cer- stayed an hour later in order to ride to wait any longer to live in this bu- tainly the case with a lot of businesses. that extra distance to and from home. reaucratic morass that we have cre- The fact is there are a lot of regula- And the traffic was all routed on a ated. tions. They have behind them the small State road. Since it is a farming Well, who is really at fault? It is power of the law to enforce them. So community, the farm implements were probably ultimately the Congress’ fault when we ask the Government to do obviously traveling on the same road for writing a statute that permits this something for us, we should be very as the highway traffic. Of course, these kind of regulatory authority. But it is careful about ceding too much author- can be very wide. They are 20 feet wide also the fault of the agency in not exer- ity, because the Government can, in sometimes and travel at maybe 10 or 15 cising the common sense to authorize the enforcement of those regulations, miles an hour. I saw many instances in the project to go forward. impose fines and impose other kinds of which, because motorists were frus- When one considers the quality be- penalties upon us. And, of course, the trated, they passed the double line. tween protecting this species, which is stories in the newspapers and so on are They should not do it. It is against the somewhat questionable, as I said—and full of stories about examples of situa- law. But clearly, health and safety I think the folks would agree with tions in which an innocent citizen has were implicated in the fact that people that—in any event, protecting it by gotten himself or herself into hot could not cross the bridge that existed letting it go back into the same chan- water because he has run afoul of some before. nel it had always been in, when you Federal regulation, frequently of which The Federal Highway Program had weigh that against the risk of lives to he was not even aware. funds available through disaster assist- people for having to cross this very So, when we say, well, a Federal bu- ance to reconstruct the bridge, and the narrow bridge 5 miles downstream and reaucrat can certainly be trusted to ex- Army Corps of Engineers was willing to traveling behind slow-moving farm im- ercise the same degree of common reconstruct the bridge. The problem plements and all the rest of it, it seems sense that an ordinary citizen would, was that it had to consult with the to me that it is a good example of how we appreciate the hard work that our Fish and Wildlife Service because it is sometimes we do not apply common so-called bureaucrats do for us, but we believed that there is an endangered sense in these regulations, and it was also have to appreciate the power that species in the Gila River called the ra- necessary for people to take matters stands behind that bureaucrat in terms zorback sucker. Now, nobody can find into their own hands. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9675 When it has gotten to this point, we lives all use common sense and Let us talk about common sense. have a problem, and that is the prob- prioritize the risks against the costs. What is common sense for a corporate lem we are trying to correct here with So that is not a concept that we should executive is not necessarily common the process changes that are embodied be arguing against. We should be im- sense for the average citizen. in the Dole-Johnston substitute. We plementing it in the law. If you are a corporate executive and are not changing the underlying sub- I cited the Harvard School of Public you are running a steel plant in the stantive law. Endangered species, clean Health study. It indicated: Midwest, common sense dictates that air, clean water, all of those laws that . . . reallocating resources to more cost-ef- you build a great big, high smokestack, we have created for the protection and fective programs could save an additional like we used to see in the forties and safety of our environment and our peo- 60,000 lives per year without increasing costs fifties and sixties, 350 feet high. Com- ple still exist. They still will prevail. to the public or to the private sector. mon sense dictates that because it is But in the establishment of regulations In other words, Mr. President, cost- the cheapest thing for you to do. And now, we are asking the people who im- benefit analyses would not only pre- then you emit out of that gigantic plement those laws to take certain vent the squandering of our scarce re- smokestack into the upper airstream things into consideration, such as an sources, it would actually enable us to damaging particles to people’s health, assessment of risks and a cost-benefit maximize their impact and end up sav- and you blow them across the country analysis, when that is appropriate, and, ing more lives and preventing more into Delaware, and you blow them into in the case of certain regulations where harm to our citizenry than is the case the State of New York and you have it is appropriate, to do peer review. today. acid rain and you kill our fish and you Those are all very reasonable concepts. Mr. President, there are many, many kill our wildlife and you kill some of I am certain in a bipartisan way we examples. I will conclude by saying us. Now, that is common sense. can work out any differences that exist that it is my view that the substitute You are the chief executive officer. relative to the application of those represents a good-faith effort to meet Someone comes along and says, ‘‘Now, principles to the administering of the the concerns of those who thought that I’ll tell you what I can do for you here. laws that we write. this legislation might either inten- We can, by you having to spend an ad- Let me just conclude with a couple of tionally or accidentally go too far in ditional half a billion dollars, clean other thoughts, Mr. President. undermining existing substantive law your plant up. We can see to it that John Graham, professor and founding by assuring that it is strictly a process with the Clean Air Act, we are going— director of the Center for Risk Analy- change which supplements the author- it is going to cost you now, it is going sis at the Harvard School of Public ity of the people we ask to administer to cost your stockholders, it may even Health, wrote in the Wall Street Jour- these laws today to engage in the kind cost jobs, what it is going to do is cost nal recently: of risk assessment and cost benefit you $400, $500 million to clean the plant Since zero risk is not a feasible goal, we which all of us do every day of our up.’’ need to rank risks in order of priority. lives; that that makes common sense; If you are the corporate executive For example, he agrees that child- that it will end up saving more lives; sitting at your desk, that is not com- hood lead poisoning is a serious public that it will end up saving a lot of mon sense to you to go and spend all health problem and asserts, neverthe- money and, in the end, will provide a that money. So what do we have to do less, that fewer resources should be safer climate for the people of our to make sure that the streams in Dela- used to excavate soil at Superfund sites country than exists today. ware are not polluted, that the Adiron- where the probability of childhood ex- So I certainly urge all of my col- dacks do not have dead lakes where posure to lead is low, whereas more re- leagues at the appropriate time to sup- nothing lives because of acid rain? We sources should be directed toward port the Dole-Johnston substitute. have the Government come along and cleaning up older homes in poor com- Several Senators addressed the say, ‘‘We’re going to make you do that, munities, where each day kids are in- Chair. we’re going to make you do it.’’ gesting house dust contaminated with The PRESIDING OFFICER. The Sen- It is common sense to the person liv- deteriorating lead paint. In other ator from Delaware. ing in Delaware that it is not a good words, an example of where we prob- Mr. BIDEN. Mr. President, I say to idea to have all those particles coming ably have our priorities wrong because my friend from Idaho, I will be brief. from the industrial Midwest into my of the rigidity with which we developed I think the Senator from Arizona is State and choking us. That is common these laws, and they are being adminis- correct. We should not be arguing sense. It is a good idea to clean the air. tered pursuant to that rigidity. We are about whether we should have cost- But that is not common sense for the trying to loosen that process up in the benefit analyses. The Glenn bill does corporate executive. I am not suggest- Congress by giving discretion to our not argue about that. The argument is ing they are bad or good guys, but lis- agencies to apply more common sense about whether or not the Dole bill tening to my friend from Arizona, it is in the development of a regulation. takes too much of a risk with the pub- The Hillary Clinton task force, as a lic safety or not a sufficient risk. like if we all just sat down and talked matter of fact, used the same type of My friend from Arizona cited some about this, common sense would pre- prioritization and analysis. Her task things that I think could confuse folks. vail. force included a proposal for mammo- He indicated that the cost of regula- Why did the Federal Government get grams for 50 year olds at $100 million tion—and cited a study—was X billions in the business of air pollution and per life saved, while mammograms for of dollars per year, that that cost jobs, water pollution? Because the State of 40 year olds at $158 million per life it cost every household $6,000 or $16,000, Arizona did not do it, the State of saved were rejected as too costly. I do not know what his number was, Delaware did not do it, the State of The conclusion is, in both cases, ob- per year; the implication being, if you Kansas did not do it. viously there are lives at stake, but in vote for the Dole bill, those costs will I was raised in a place called one case it was simply deemed too evaporate, those costs will go away. Claymont, DE. It sits on the border of costly for the Government to provide The truth is, the Dole bill could be Pennsylvania and Delaware. the source of revenue for the mammo- implemented tomorrow and the cost to There are more oil refineries per grams, considering the risks involved. households will actually go up, not go square mile along the Delaware River One can argue with that particular down. But let me just make a point. We in Marcus Hook and Chester, PA— analysis. One can say, ‘‘No, that’s still all hear, and I can cite and will cite as which is less than a half mile from too great a risk.’’ this debate goes on, horror stories of where I was raised—than any place in My point in citing the example is regulations that have occurred in my America. When I was a kid, I would simply to note the fact that the Presi- State of Delaware, absolutely foolish, come out of where we lived, Brookview dent’s wife in her task force and all of stupid things that bureaucrats do. We Apartments, my uncle would drive me the work that she did on this, a profes- are all about here trying to rationalize to school. If it was a misty fall morn- sor from Harvard, Government agen- this and have an element of common ing, you would put on the windshield cies today, all of us in our individual sense. wipers and literally there would be an S 9676 CONGRESSIONAL RECORD — SENATE July 11, 1995 oil slick on your windshield—not figu- more cars got on the road, even States ran up 30, 40 feet that had a red light ratively, literally. figured, hey, wait a minute, a lot of and a green light on it at either end, The State of Pennsylvania under- folks are getting killed because they and that guy would be able to look stood the prevailing wind went into are putting in brakes that do not work, down, since his eyes were good, and he Delaware. This was the southeast cor- steering mechanisms that do not func- could see green so that he knows to ner of Delaware, and it was a tion. So we have all these regulations. press red, and he can see red and he multibillion-dollar industry for the Now, they are costly. They are costly. will know to press green. His hearing State of Pennsylvania. The idea that The only broad point that I wish to would be taken out of it.’’ the folks in Pennsylvania were going make now is that I hope no one here— I will quote my friend—I guess I will to pass a law saying that all those oil I do not think my friend from Arizona not because there was profanity in it. refineries in southeast Pennsylvania, is doing so—is arguing that we should But he basically said, ‘‘Why in the which blew into New Jersey and Dela- not have those kinds of regulations. We heck do I need him then, if I am going ware, had to clean up their refineries are talking about the margins here. to do that?’’ That is a bizarre outcome, was nonexistent—zero. There would be What we are debating here on this floor in my view, for a well-intended piece of a lot of political pain for those legisla- is what kind of oversight, if you will, legislation. tors in voting against those captains of by the judiciary, and what kind of But assume we took out all of those industry in their States, maybe costing oversight by industry, if you will, nonsensical aberrations of regulations jobs at that refinery, maybe costing in- should there be to prevent the aberra- that we pass. I doubt whether anybody come to that county. tions that occur—and they do occur— on this floor—and again, I beg the in- So the reason we got in the business and the unnecessary costs that occur— dulgence of my friend from Arizona. He in the first place is because industry and they do occur—from occurring? gave a figure of several billion dollars did not do it. They did not do it. The But if the good Lord could come down and about $6,000 per household, I think. States did not do it. How about clean and divine for us every bureaucratic If we got rid of every one of those stu- water? I wonder how many people in glitch that occurs in implementing pid things, we are still at about $5,000 a this Chamber visiting Washington regulations —I will give you one by the household. So I do not want anybody would like us to get out of the business way. Unintended consequences. on the floor—we kind of mix things up of assuring that their water is clean. I In my own State a friend of mine, a on the floor here. Listening to my do not know where they live, but I now kid I grew up with, a very successful friend from Arizona, I think the aver- live along a place called the Brandy- highway contractor in Delaware, shows age person would think that, well, if wine River. A factory was there, and up at a function with me. He walks up the Dole bill passes, a lot more people when I was a kid, there used to be a and says, ‘‘JOE, I am helping you again are going to be employed, and instead pipe that came right out of the factory, this year, but I could kill you.’’ of my paying $5,000, $6,000 a year, I am a pipe that went right into the Brandy- I said, ‘‘Why?’’ not going to have to pay that any- wine, because common sense dictated He said, ‘‘You voted for that Ameri- more—not unless he is talking about that if you owned that factory, it made cans With Disabilities Act.’’ doing away with the Clean Water Act sense to spill that effluent into the I said, ‘‘Yes, but you were for that.’’ and the Clean Air Act and all of these river and wash it out into the Delaware He said, ‘‘Yes, but I did not know you major environmental pieces of legisla- River and into the Atlantic Ocean be- were going to do what you did.’’ tion. cause it costs millions of dollars to put I said, ‘‘What did I do?’’ The third point I want to make—and on devices to catch that dirty water. He said, ‘‘I will tell you what that act then I will yield the floor—is that he Well, today, I literally—not figu- did.’’ He owns a highway contracting mentioned lead paint. When I first got ratively—can raft down the Brandy- company, and he hires flag persons. here in 1973, I was on the Environment wine River, which is a tradition in our You know, we have them in all our and Public Works Committee, which State, on inner tubes on a Sunday with States while they are repairing the then was called the Public Works Com- my kids. It is clean. Does anyone in roads. One guy with a flag puts up a mittee. I was given by the then chair- this Chamber believe that had we not stop sign, and with a walkie-talkie he man, Senator Randolph of West Vir- imposed costs on industry that that calls the person at the other end and ginia, a subcommittee assignment that river would be clean today? Name me a says, ‘‘You let your folks go, I will put had no legislative authority. I had au- place in America where that happened the stop sign up on this end.’’ thority to hold hearings. It is called without regulation, because common He said, ‘‘I hired a guy that turned the Subcommittee on Technology. And sense dictated that it is better to give out to be hard of hearing, and so when I could not understand why he was the stockholders more money in their he was given the walkie-talkie, he being so gracious to me until I found dividends than less. picked up the walkie-talkie and the out the first assignment I was given. I I am not making a moral judgment. I guy down there would say, ‘OK, stop was given the assignment—being one of am not making a statement about them.’ But he did not hear them. So the Senators from Delaware, a State greed or anything. It is just common what would happen is cars would be with a lot of small companies like Du- sense. It made sense. It was all right if coming through and they banged into Pont and others residing in that the Government let you put it in the one another.’’ State—I was given the assignment of river and that took it away. Instead of He said, ‘‘I moved him to another job. writing a report, after holding hear- spending $12 million to treat it on-site, I put him behind a grader, and he sued ings, on whether or not we should put it in the river. me under the Americans With Disabil- phase out lead in gasoline or have lead My friend said we all take risks, that ities Act.’’ traps in gasoline. we get in our automobiles and we walk He called over one of the most promi- The DuPont Co. had a patent for a across streets. Guess why people get in nent lawyers in Delaware and said, lead trap. If I had written a report say- their automobiles? They get in auto- ‘‘Francis, tell him what you told me I ing, ‘‘Do not phase out lead in gasoline, mobiles today because they know that have to do.’’ do not eliminate lead in gasoline, just the tires they buy meet certain stand- Francis Biondi walks over and says, have lead traps like we had for pollu- ards that the Government imposes on ‘‘JOE, I told him he had to settle this tion control devices,’’ I was under the manufacturers. So you do not have for’’—I will not mention the amount— impression that would be a multi- what you had in the 1940’s and 1950’s, ‘‘a sizable amount of money.’’ It was million dollar, probably billion dollar, tires shredding and people getting several times what the average Amer- decision for the company. I do not re- killed. We now have things called in- ican makes in a whole year. call any corporation during those hear- spections. In every one of our States, I said, ‘‘How could that be?’’ ings coming and saying we should take in the beginning, you could drive a car He said, ‘‘Well, they ruled that I had lead out of gasoline. There was over- when the motor car came along and to take every possible action to accom- whelming scientific evidence along the you did not have to go to an inspection modate this person’s disability. So do lines of those my friend from Arizona station, you did not have to show up you know what they told me I should cited. He stated that it makes more there. You just took your risks. As do? I should have had an extension that sense to clean up the lead paint, dust, July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9677 and particles in existing older housing The third and final point I will make tion? It has no part in this legislation. than it does to take the last traces of is that when we look at the cost, I ask We are told, when we raise that, it is a lead out of contaminated sites in the my friends to count the increased cost red herring. I would like him to supply ground where folks do not live, that in the number of bureaucrats that suspenders on that one, too, for me. We are now Superfund sites. I happen to would have to be hired to meet the have a belt; let us have suspenders. agree with him. timetables imposed by the Dole legisla- The next one I would like to con- But the broader point I wish to make tion, and the cost in additional number sider, and then I will yield the floor is, were it not for a regulation by the of judges we would have to hire and the completely, a second one is we are told Government in the first instance, there additional number of lawyers that will the Dole-Johnston legislation does not was no commonsense reason why cor- be paid, litigating every jot and tittle in any way overrule existing environ- porate America thought it made sense of the change in the Dole legislation. mental law. Why do we not just say to take lead out of gasoline. They all We should count those costs, compared that? Why not use that exact language, repeatedly made what we would call them to the costs that come from the just say it, give us the suspenders commonsense arguments. First, the overstepping bureaucrat and the unrea- along with the belt, because some of reason lead is put in gasoline is that sonable regulation. us, although maybe we ‘‘doth protest you can go further on a gallon of gaso- Senator GLENN and Senator CHAFEE too loudly’’ maybe we are a little too line with lead in it than without lead have a bill that at one time was a to- cynical, maybe we read things in this in it. Second, it is not as costly to tally bipartisan bill. It passed out of legislation that are truly not intended make the gasoline. Third, you will em- the Committee on Governmental Af- to be there. ploy more people. Fourth, we have an fairs unanimously—without a dissent- Mr. KYL. Will the Senator yield? oil embargo. It went on and on. There ing vote; every Democrat and every Re- Mr. LEVIN. Will the Senator yield? were commonsense, legitimate rea- publican. Then, Senator HATCH, my es- Mr. BIDEN. I yield to the Senator sons—but against the public interest teemed chairman at the Judiciary from Michigan. overall. Because, from the public’s Committee, presented the Hatch-Dole Mr. LEVIN. There will be an amend- standpoint, common sense said, if you bill. I do not know what was so wrong ment which will do precisely that, be- lived in a metropolitan area and you with the bill that passed out unani- cause of the concerns the Senator from had a child, you would have to live mously from the Government Affairs Delaware and others raised. These are with lead in gasoline coming out of Committee, a major piece of legisla- legitimate concerns which a whole host tailpipes of automobiles or defective tion, significantly rewriting regulatory of people who are deeply involved in lead traps—which would be the case. law, significantly lifting the burden on this issue have raised as to whether or And there would have been an incred- American business without, in my not there is any—where there is a con- ible, enormous cost of maintaining view, doing unjust harm to American flict, if there is one, between the provi- those lead traps, additional costs. consumers. But something happened on sions of this bill and an underlying law, States would have to inspect the lead the way to the floor. what governs. We have been assured traps when you got your car inspected, Now we have the Dole bill. Senator over and over again there is no and so forth. Common sense for the cit- DOLE came here today and proposed an supermandate, there is no intent to izen said: My kid ingests that air just E. coli amendment. Now, we argued in have any superimposition or any like the dust particles the Senator committee that the Dole bill, unless it undoing of existing law. from Arizona referred to. was changed, would increase the pros- But the language is not clear enough. pect that people would die from E. coli So there will be an amendment to add So the common sense for the public— the suspenders to the belt in that area, for us, as representatives of the pub- in meat in their hamburgers—feces in their food. We were assured that can- or the belt to the suspenders in that lic—was to say, ‘‘No lead in gasoline.’’ area, just as the Senator from Dela- The commonsense position for those not possibly happen under this law. If it was not going to be able to happen, ware has suggested. And I hope—I do who made gasoline, and lead, was, not predict—but I hope there will be ‘‘Lead in gasoline.’’ why did Senator DOLE have to come to the floor and propose an amendment on unanimous support for that amend- Again, I am not making a moral ment when it reaches the floor. judgment. What I am saying is that, that? Mr. KYL. Will my friend yield on Mr. BIDEN. I thank my friend. ‘‘What is good for the goose ain’t nec- that? Again, I hope that occurs because, essarily good for the gander.’’ What Mr. BIDEN. I will be delighted to look, most of us on this floor want seri- seems to be common sense—there is an yield. ous regulatory reform. This is not a de- old expression. I believe it is an Eng- Mr. KYL. Senator DOLE came to the bate about whether or not we want reg- lish expression. ‘‘What is one man’s floor to offer the amendment to take ulatory reform. No one can argue, that meat is another man’s poison.’’ And away the political argument, because a the original bill out of the Govern- that is literally true, literally true in red herring, as it were, was being mental Affairs Committee was not sig- environmental law. raised, an argument that somehow his nificant regulatory reform. I am for it. So, I hope, as we get into the detailed bill was going to permit people to get I was for it then. I am for it now. meat—no pun intended—of this debate, sick when, in fact, the bill would not So this is not a debate about whether we do not confuse three things. One, redo that at all. But to get the issue off or not we have significant regulatory gardless of which bill prevails, the the table so people would not continue reform, whether or not we are going to total cost—I will argue later and hope- to talk about it, he said, ‘‘Fine, we will satisfy purists, whether or not we want fully will be able to prove to my col- create a belt and suspenders. The bill to be bird lovers of America, to be leagues—the total cost to the Amer- already prohibits it, but we will make happy with what we do. That is not my ican public in terms of dollars, the dif- it crystal clear so that argument can- objective. My objective is to make sure ference will be de minimis. not be made anymore, so people cannot that we do not unintentionally or in- No. 2, there will be, still, a signifi- scare people.’’ tentionally undo the one success story cant cost to the American public for May I make one other point? of America, the one thing I can turn to these regulations because the Amer- Mr. BIDEN. Let me respond. I will and tell my kids beyond the fact that ican public decided that their ultimate yield in a moment. Let me respond to black children can now go to school priority is the air they breathe, the that. I am glad to hear that, and that with white children in my State which water they drink, the food they ingest. is useful. Maybe the Senator from Ari- was segregated by law. I can literally And the American public has had over zona and Senator DOLE would consider, take them through the county where I 200 years of experience, culminating at then, taking away a couple of more of live and say, ‘‘I could not swim there the turn of the century with Lincoln what they think are red herrings. when I was your age. You can now.’’ I Steffens and others, about what hap- For example, why are we trying to can tell them and take them in the pens when you do not regulate people undo all the Superfund site plans that neighborhood I was raised in and say, who deal with our air, affect our water, are soon to go into effect? Why do we ‘‘I can walk out in the morning any- and produce our food. not take Superfund out of this legisla- where in this development where you S 9678 CONGRESSIONAL RECORD — SENATE July 11, 1995 live and work and breathe the air.’’ Mr. JOHNSTON. Mr. President, if I to zero tolerance on some chemical, They do not now have to breathe in oil. may reclaim the time for just a clearly it would not pass a cost-benefit They can turn on their windshield wip- minute, it is irrelevant what the House analysis. ers and the windshield is clear. wanted or what they wanted on the ini- Let us assume the cost-benefit analy- I can point out to them that the tial bill. I wanted no supermandate. sis was done and it is clear that they Brandywine River, Christiana River, The point is, what does the language come back and say, ‘‘Look, this is the Delaware River, and people sail on say? going to cost $10 billion or $1 million or it now. When we were kids, there were Mr. President, I have been telling my $500 million for every life you save.’’ If big signs saying we could not do it. I colleagues, including my dear friend the legislative bodies and the President can take them to the beaches, the pris- from Delaware, that we ought some- wanted to do that, would they still be tine beaches of my State and say, ‘‘You time to take yes for an answer. When able to do that? can swim anywhere any time and you language is clear, unambiguous, we Mr. JOHNSTON. I thank the Senator don’t have to worry about medical need not put forth ambiguity into it. for his question because it is a critical waste rolling up here.’’ I can point to The Senator came to one of our nego- question. The answer is yes. It is ex- them and tell them that you no longer tiating sessions. We talked about judi- plicit. It says we shall supplement and take what they took up until 12 years cial review. I believe I am correctly not supersede. ago—garbage less than 1 mile out from judging the Senator’s reaction that Mr. BIDEN. May I add a followup the shores of my area—and dump it so when he read what we had about judi- question? This is sort of a parlance it washes in. cial review, there was a light bulb. I that I can understand and everybody I The environmental story in America think I see what he is doing now. I think can understand. has been a success story even with this think you will see here that not only Let us assume we pass such a bizarre aberration. I want to tell you, if my do we have that language which says it law to protect the welfare of individ- friends are as concerned, as I hope they supplements and does not supersede, uals and it only gathered up 10, 12 peo- are, about the environment as well as but we also have language that explic- ple in all America who are affected by it. If a company, if an individual, af- the aberration, I hope they will make itly recognizes that there will be times fected by that cost and the onerous clear these ambiguities. Maybe the when you cannot meet the test; that is, burden they would have to go through Senator from Michigan and I are wrong that the benefits justify the cost. to meet the law, if they thought it was about what the legislation says. But There will be times when you cannot a bad idea, tell the Senator from Dela- they can clear it up. They can clear it do that because the statute requires ware what they would be able to do up very quickly for us and put to rest otherwise. under this law to get to the point any of those steps. If you look on page 36, we say if ap- where the section the Senator referred I yield the floor. plying the statutory requirements— Mr. JOHNSTON addressed the Chair. to takes control. What I mean by that this is line 22—if, applying the statu- The PRESIDING OFFICER (Mr. is, could an individual or a company tory requirements upon which the rule THOMPSON). The Senator from Louisi- come along and say, ‘‘OK, I demand is based, a rule cannot satisfy the cri- ana. that the EPA do a cost-benefit analysis teria of subsection B, it goes on to tell Mr. JOHNSTON. Mr. President, just anywhere.’’ very briefly, one of the biggest fights you what to do. But the point is that Mr. JOHNSTON. I will tell the Sen- we have had about this bill—and make explicitly recognizes that there are cir- ator exactly what is required. He is no mistake, it has been a fight—is cumstances in which because of the un- talking about a rule already in oper- about the question of supermandates; derlying statute, you cannot satisfy ation. that is, whether this bill supersedes the the fact that the benefits justify the Mr. BIDEN. Yes. We, the Congress, underlying bill such as the Clean Air costs because they told you in the pass a law explicitly stating that this Act. Clean Air Act to use the maximum end must be met and we assign it to an Mr. President, I laid down a marker achievable control technology, for ex- agency in effect, and an agency writes in negotiation with Senator DOLE and ample. That is an explicit test in the a rule. his staff, and Senator HATCH and oth- Clean Air Act which may make meet- Mr. JOHNSTON. And DuPont wants ers, that we would simply not accept a ing the test of subsection B here impos- to contest the rule, say. supermandate. The way the bill was sible. Mr. BIDEN. All right. drawn as it came from the House was Mr. BIDEN. Will the Senator yield Mr. JOHNSTON. Here is what would that it said this section shall supersede for a question on that? happen. Within 1 year after the passage existing law—supersede. As it was re- Mr. JOHNSTON. Yes. of this act, the head of each of the ported out of the Senate Judiciary Mr. BIDEN. The Senator from Ari- agencies shall look at all the rules Committee, it said this bill shall sup- zona cited—I apologize. I do not have a under their supervision, determine plement existing law. As we finally copy of the statement. But I hope I which ones need to be looked at, and agreed, we came up with language that state it correctly. He cited a section. therefore come up with a preliminary says this bill shall supplement and not He referred to it as the Hillary Clinton schedule. That schedule will be pub- supersede existing law. report on mammography, or something lished a year afterward. If this rule is Mr. BIDEN. If the Senator will yield to that effect, where he said that re- on that schedule, then DuPont, since just one second on that point, the point port included that women under the they are from Delaware—that is the the Senator just made I hope illus- age of 40 for mammographies—the av- only reason I use them—would not trates why the Senator from Michigan erage cost was, and I forget the num- have to take further action because it and I are not suspect of the Senator ber—it was $150,000, or $15 million, is going to be reexamined. If it is not from Louisiana but why we are cynical whatever it was. For women over the on the schedule and they want it reex- about this because we know that the age of 50, it would cost less. And it was amined, then they would petition. Senator from Utah and the Senator suggested that we should follow a cost- Their burden is to show that there is a from Kansas wanted to supersede it. benefit analysis, and decide that substantial likelihood that the rule They kept telling us they did not. But mammographies maybe should be only would not be able to reach, to satisfy we know they wanted to supersede. for women over 50 years of age because the requirements of section 624. That is the problem. of the cost. Mr. BIDEN. That is the key. Let me I think Senator JOHNSTON has gone a The way this legislation is written, if stop the Senator there, if I may, Mr. long way to correcting that. But I just in the wisdom or the lack of wisdom of President. Section 624 is a different want the record to reflect, do not let the U.S. Congress and with the Presi- section than the section cited, making anybody kid anybody. These folks, my dent signing the legislation, if we were it clear that you do not—that cost-ben- colleagues, wanted, intended, to super- to pass a piece of legislation which on efit analysis need not prevail if there sede. That is the point. That is why its face made absolutely no economic are other factors. You cannot super- folks like me said ‘‘bad idea.’’ sense, and we decided that even if it sede the underlying law. The underly- Mr. LEVIN. Mr. President, will the cost $10 million per life in order not to ing law says on its face this is going to Senator from Louisiana yield? even have one life lost, you had to get cost, say, an exorbitant amount. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9679 Mr. JOHNSTON. If the underlying Mr. JOHNSTON. Mr. President, I will because it does not pass the cost-bene- law says that, if applying the statutory answer the question like this. I do not fit test. requirements upon which the rule is care how many Cabinet people say this Now, there is an argument—there is based, the underlying law that requires thing is ambiguous. It is not. It is as an argument which has been raised the mammography, let us say, a rule clear as the English language can be. that the Senator from Louisiana, I cannot satisfy that criteria of sub- Now, whether they are ingenuous or would hope, would want to address. section (b)—subsection (b) criteria are disingenuous in their criticism, I do He recognized very forthrightly to that the rule justify the cost, that you not know. I know that this letter of ad- the Senator from Delaware what hap- have the least-cost alternative unless ministrative policy, much of it is, to be pens when you go through all the cost- there are scientific or data uncertain- charitable, disingenuous, because I sat benefit analysis, the risk assessment. ties or nonquantifiable benefits—— in the room and negotiated part of it It does not make any sense to have a Mr. BIDEN. Let me make it easy for and accepted some of the things that double hulled tanker rule, but that is the Senator because I think it is im- came from the administration and then the law. The Senator from Louisiana portant the public understand this ar- was met with the argument coming says the law governs. The double cane notion. back out that that which we accepted hulled tanker law governs, period. Let us say the Congress passes a law, was a fault in the bill. Then it seems to me that the concerns and the President signs it, that says no Mr. LEVIN. But on this particular which have been raised by so many matter what it costs—in the legisla- issue, on this particular issue—— Members here and so many of the ad- tion—— Mr. JOHNSTON. On this particular ministration that we ought to say it Mr. JOHNSTON. I am giving the Sen- issue, let me—the point is the fact that clearly should be addressed. We ought ator an answer to that. they have said it does not make it so. to say it clearly. Mr. BIDEN. No matter what it costs. I believe it is clear. Mr. JOHNSTON. If the Senator will Mr. JOHNSTON. Then it satisfies the Now, what I believe also is that this yield, the problem is your suggested requirements of section 624. language would really put an ambigu- language does not say it clearly. I be- Mr. BIDEN. And it is ended right ity into it because in the event of a lieve it says it clearly when you say it there? conflict the statute under which the shall supplement and not overrule. And Mr. JOHNSTON. And your petition rule is promulgated shall govern. Now, then, when you have this alternative would be rejected. the statute under which the rule is pro- requirements language which explic- Mr. LEVIN. Will the Senator yield on mulgated did not require risk assess- itly recognizes that there will be times that point? We have offered language ment, did not require cost-benefit anal- when you cannot meet the criteria of to say it that clearly in this bill, and it ysis, did not require that you go the benefits justifying the cost because has been rejected. And let me just get through any of those procedural hoops. the statute requires it, if in applying right to the heart of the matter. We I could make the strong argument that the statutory requirement, you cannot have about 10 Cabinet officers that this would say that that rule under meet the criteria, then it tells you have issued a statement of administra- which it was promulgated, if at the what to do. You can go ahead and pro- tion policy. time it was promulgated satisfied those mulgate the rule. That is precisely Mr. JOHNSTON. Mr. President, I rules, then that governs and that this what it means. have the floor, and I would be glad to statute, the petition process, the look- Now, if you come up with some other entertain the question. back process, is taken out of the pic- language that does not itself make an Mr. LEVIN. The question is this. Let ture; it is no longer valid. ambiguity where there is not now, I me just read who it is that signed this Does the Senator see what I am talk- mean, I would be glad to clarify. If you before I ask the question. Secretaries ing about? supplement and not override—I believe of Labor, Agriculture, Health and Mr. LEVIN. No. I think the question when you say ‘‘supplement,’’ that Human Services, Housing and Urban I asked though is a simple one. Where means you are supposed to read the Development, Transportation, Treas- there is a conflict, where there is a two in harmony, but you are not over- ury, Interior, EPA, OMB have said that conflict between the underlying stat- riding the substantive requirements of this bill ‘‘could be construed to con- ute’s criteria and the criteria in this the underlying law. It is very tricky to stitute a supermandate that would statute, the question is what governs? start talking about what is the under- override existing statutory require- Now, we have been assured—I mean, lying law and what is procedure, what ments.’’ we have heard many speeches on this is substance; what is supplement, what Now, when you have that many folks, floor that there is no intent to have a is override. I believe we have hit the I would think, of average or better in- supermandate, that the underlying appropriate balance, particularly in telligence—— statute is going to govern. And yet light of the alternative requirements Mr. BIDEN. I hope so. when it comes right down to the very language of page 36. Mr. LEVIN. Who say it can be inter- specific question, if there is a conflict Mr. LEVIN. If the Senator from Lou- preted that way, and when you have a between the criteria in this statute—— isiana again would yield, the language whole bunch of Senators here who say Mr. JOHNSTON. If the Senator will which the Senator points to as being it can be interpreted that way, and let me answer, the question is, what is the clarifying language for the issue when it is the intent now of the Sen- a conflict? If one statute requires that we are discussing does not address ator from Louisiana and the Senator something, a cost-benefit analysis, a critical issue. In fact, I think it from Kansas and the Senator from which this does, or a risk assessment makes it more ambiguous. We have Utah not to have it interpreted that and the other statute does not, is that talked about this at some length off way, because that is what you have a conflict or is that supplementing? the floor, and perhaps to some extent said over and over again, why then not Mr. LEVIN. The other question is, we covered it this morning. But what accept the language which we have of- what does the word ‘‘supplement’’ the Senator says is, if, applying statu- fered during our discussion which says mean? It has to have some meaning. tory requirements upon which the rule that in case of a conflict, in case of a For instance, if you could not issue a is based, a rule cannot satisfy criterion conflict between the underlying law regulation to enforce the double hulled in subsection (b), then you go to (c). and this bill, the underlying law gov- tanker law—for instance, we passed a Mr. JOHNSTON. Yes. erns? double hulled tanker law. A lot of peo- Mr. LEVIN. When you go to (c), That is a very simple question. Why ple thought it was actually a bad mis- which is what the Senator says we not just simply make it explicit that in take in terms of cost-benefit, but we should do, what (c) says is that in cer- the event that there is a conflict be- passed it. tain circumstances underlying laws are tween the requirements of this bill and Now, the agency comes along and the going to govern. And here is what he underlying law, the requirements of agency is supposed to implement that says. Here is what the bill says. ‘‘If sci- underlying law govern? That will just in terms of the time of implementa- entific, technical or economic uncer- eliminate all of these doubts. That is tion, and so forth. It goes through this tainties are nonquantifiable benefits to the suspenders and the belt. bill. It cannot implement it. It cannot health, safety and the environment,’’ S 9680 CONGRESSIONAL RECORD — SENATE July 11, 1995 then certain things follow from that. Senator does not provide for quantifi- trator could come in and say, well, And so the question which many of us able and nonquantifiable benefits, but look, it would be nice to go to 50 or 55 have asked is, what happens if the ben- only for nonquantifiable. You have not because we like that more. If Congress efits are quantifiable? done in (c) what you did in your defini- has spoken and the intent is clear, then Mr. JOHNSTON. First of all—— tion of benefits. And there is no reason you must follow congressional intent. Mr. LEVIN. I am not talking about not to do it, by the way. There is no If—— lives. I understand that the Senator reason. Mr. LEVIN. If the Senator would use from Louisiana believes that the value Mr. JOHNSTON. Let me tell you my hypothetical where you must get to of a life is not quantifiable. That per- why. When you go to (c), then you can- at least 10 parts per trillion reduction. haps is common parlance here. I know not satisfy your benefits justifying the Mr. JOHNSTON. If the phraseology it is used differently from the agencies. cost. But the statute required you to of the statute is ‘‘at least,’’ then that That is not the question I asked. do something. And so you are required in turn would give discretion to the What happens, for instance, if a law to go ahead and do what the statute agency head. says that you have to reduce the parts says, notwithstanding that the benefits Mr. LEVIN. Under the provision of per trillion of a certain toxic substance did not justify the cost. Keep in mind this bill, you must use the least costly to at least 10? That is what the law that those benefits included all of your alternative to get to the goals set by says. Beyond that, an agency will do a quantifiable as well as nonquantifiable Congress. The least costly alternative cost-benefit analysis. If the agency, benefits. is to get to 10. Under my hypothetical, after doing that cost-benefit analysis, Mr. KERRY. Would my colleague for a very slight additional cost, you reaches the conclusion that it makes yield for a question? can get to 6. After 6 the cost goes off good sense to go to, let us say, 6 parts Mr. JOHNSTON. Not yet. the chart. per trillion, now, that is quantifiable. And you can go ahead and do what Mr. JOHNSTON. As I say, the simple That is very quantifiable. They have the statute tells you. Moreover, you answer is yes, unless congressional in- gone from cost per parts per trillion in can do more than the least cost of what tent prohibits that by having spoken dollars. We are not now talking about the statute tells you. You can go be- on it, and the Senator’s hypothetical lives or asthma or other kinds of prob- yond that if there are uncertainties of example would indicate by the use of lems. We are talking about parts per science, uncertainties of data or the words ‘‘at least’’ that it is within a trillion. Under this language, since it is nonquantifiable benefits to health, permissible interpretation. quantifiable, there is no escape from safety or the environment. So this is Mr. LEVIN. Under this bill, it is not (b). over and above to that which the stat- the least cost. Mr. JOHNSTON. There is, if the Sen- ute required. And the statute required Mr. JOHNSTON. The answer is that ator will follow this through with me. you to do something that was not cost- they could, because those parts per See, the agency has a lot of discretion. benefit justified. million would relate to a benefit to Now, the agency discretion in the first Mr. LEVIN. On that issue, to pursue health or the environment and, there- instance is to interpret the statute. it, can you move to a more costly pro- fore, would be a nonquantifiable bene- What does the statute mean? There gram if the benefits are quantifiable? fit to health or the environment. will be a level of discretion between a Mr. JOHNSTON. Is it beyond what Mr. LEVIN. If I could, again, ask the minimal list interpretation and a max- the statute required? Senator to yield for a question. It is imum interpretation where the agency Mr. LEVIN. No. Using my example, very quantifiable. There is no way can pick that interpretation and is not the statute says you have got to get to under which my hypothetical can rea- overruled unless their judgment is ar- at least 10 parts per trillion reduction. sonably be described as setting forth a bitrary and capricious or an abuse of That is the toxic substance. We want nonquantifiable. discretion. So, in the first instance, as a minimum to get to 10 parts per Mr. JOHNSTON. What is quantifiable they can pick that interpretation; that trillion. with the Senator is parts per million. is to say, they can pick that level of Mr. JOHNSTON. Yes. Mr. LEVIN. That is exactly what is cost. Now they must meet the test of Mr. LEVIN. Now, the agency does a in the statute. It does not talk about the benefits justifying the cost. But cost-benefit analysis and it finds that lives and it does not talk about breath- when you meet the test of the benefits for a few dollars extra it can get to 6. ing. What the statute says in my hypo- justifying the cost, you use the defini- After 6 parts per trillion, it becomes so thetical is you must get to at least 10 tion of benefits as found on page—I costly it probably is not worth it. parts per trillion of a toxic substance. think it is 621, subsection (5)—which My question is, this is highly quan- Beyond that, the agency is allowed to says that benefits include both quantifiable. We know exactly how many use some discretion using cost-benefit tifiable and nonquantifiable benefits to dollars for each part per trillion. But analysis and risk analysis. health, safety and the environment. So under the language of this bill, you Under my hypothetical, you get to that, if it is quantifiable, then you pick could not get to 6 parts per trillion be- six in a very cost-effective way, but it up in the first instance of benefits cause 10 parts is slightly cheaper than under the Senator’s bill, because it justifying the cost. But we wanted to 6 and it meets the test of the statute says you must use the least-cost meth- be sure that sometimes there will be that the agency get at least to 10. od to get to an alternative, which is in some lagniappe, some nonquantifiable Mr. JOHNSTON. Let me answer the the statute, since 10 is an alternative benefits to health, safety and the envi- Senator’s question. I think the simple permitted by statute, your least cost ronment. I believe that clean air is not answer is, yes, you can, but there is a drives you to 10, whereas cost-benefit quantifiable as a benefit. I believe that caveat. If it is within the discretion of drives you to six. the benefits of health are non- the agency head and the interpretation There is a conflict between the cost- quantifiable. Notwithstanding, my of the statute to have some leeway as benefit and the least cost and I think— friend from Michigan thinks a life, you to the interpretation, then yes, you by the way, Senator ROTH is someone can put a dollar value on it. can. who is on the floor who knows a great Mr. LEVIN. No. I am saying that the Mr. LEVIN. How would that be least deal about this subject and I think has agencies do—because a risk assess- costly? some similar concerns with this. ment—you have to make those kinds of Mr. JOHNSTON. Wait a minute. The Mr. JOHNSTON. The Senator has assessments. statute is clear under the Chevron asked a question, and the answer to his Mr. JOHNSTON. If they can pick it case, the Supreme Court case. What it question is, if it is parts per million of up as a quantifiable matter under the said is that if the Congress has spoken a toxic substance, therefore it relates definition on 621(5)—no—621(2) and (3). on an issue and congressional intent is to benefits to health or to the environ- Mr. LEVIN. If the Senator from Lou- clear, then that congressional intent ment and, therefore, is specifically cov- isiana will yield for 1 more minute. The must be enforced. So that if, for exam- ered under the phrase that says where question is, if you cannot meet the re- ple, you required that you meet 40 nonquantifiable benefits to health, quirements of (b), if you cannot meet miles per gallon as a cafe standard, safety or the environment makes a them, then you go to (c). Under (c) the then I do not believe that the adminis- more expensive alternative appropriate July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9681 or in the public interest, then you may ator from Michigan does, and I find thetical, are you telling me that the pick the more costly alternative. that in the answers of the Senator quantifiable and nonquantifiable bene- Mr. LEVIN. Since there is an ambi- from Louisiana there is, in effect—not fits would not justify the cost, what- guity here at a minimum, I think a fair consciously necessarily, but because of ever the statute said? reading would be since the word is the difference of interpretation or defi- Mr. KERRY. I think to answer your ‘‘nonquantifiable’’ and my hypo- nition, there is an unavoidable sliding question and to sort of continue the thetical is very quantifiable, at least away from the meat or the center of colloquy, if we can, the answer is that reasonably interpreted, although the the hypothetical posed. there is an uncertainty as to that, be- Senator from Louisiana does not agree The hypothetical that was posed by cause what is contained in the defini- with the interpretation, surely I gave a the Senator from Michigan is really tional portion of the statute is never a very quantifiable hypothetical. more than a hypothetical. It is an ev- sufficient clarification for what is con- My question is, why not eliminate eryday occurrence in the reality of tained in a particular section where that ambiguity by stating that if there agency rulemaking. I think the Sen- the substance is interpreted by the is either a quantifiable or a ator from Louisiana knows that almost court. The court may find that the def- nonquantifiable benefit which is cost- all the agencies quantify almost every inition intended one thing, but in the effective and permitted by statute that benefit. substance of the section, the court will the administrator will be allowed to go So let me ask a first threshold ques- find there is a conflict with the defini- to the most cost-effective rather than tion. Does the Senator from Louisiana tion, and they are going to go with the the least-cost conclusion? That is the accept that some benefits are quantifi- substance. question. Why not eliminate the ambi- able? So what the Senator from Michigan guity? Mr. JOHNSTON. Of course. is saying and what I think a number of Mr. JOHNSTON. The answer is we Mr. KERRY. If some benefits are us are saying is, let us not allow for took care of whatever ambiguity there quantifiable, does the Senator accept that ambiguity. In our legislative role, was at the behest of the Senator from that a certain health benefit could be we have identified this ambiguity, we Michigan. You will recall our negotia- quantifiable? are troubled by the potential impact of tion on this, and we added quantifiable Mr. JOHNSTON. It depends on what this ambiguity, and we are suggesting and nonquantifiable to the definition of kind of health and certain aspects—— a remedy that is precisely in keeping benefit in section 621. Mr. KERRY. Let me ask the Senator with the stated intent of the Senator Mr. LEVIN. That was not at my be- this. Does the Senator believe that it is from Louisiana. hest. That was before I raised this issue possible to quantify the number of hos- So the question comes back that I which I raised with you. pitalization cases for emphysema or know the Senator from Michigan has Mr. JOHNSTON. No, this was done lung complications that might follow asked previously: Why would we not between the time we filed the first from reducing air quality to a certain therefore legislate to a greater capac- Dole-Johnston amendment—— ity of perfection the intent that the Mr. LEVIN. Not at the behest of the level of parts per million? Mr. JOHNSTON. You can certainly Senator says is contained in the lan- Senator from Michigan. guage? It does no other change to the Mr. JOHNSTON. Well, the issue was quantify statistically those things. You cannot quantify the value and the bill. at least talked about by the Senator Mr. JOHNSTON. I do not know value of the benefit. from Michigan. I do not know that the whether the Senator understands what Mr. KERRY. Well, I question that. Senator from Michigan suggested this I am saying. Did the benefits justify That is an interesting distinction be- exact fix. He was at least in the room. the cost of your—what was it—did they I thought it was he who raised this cause—— Mr. JOHNSTON. If so, you can take or did they not? question of quantifiable and Mr. KERRY. No. nonquantifiable. into consideration for the purpose of Mr. JOHNSTON. You see, his hypo- Whoever raised it, we changed that your benefits justifying your costs. thetical was that if you add a little bit definition so that benefit means identi- Mr. KERRY. As the Senator knows, of extra cost, you get a big benefit. fiable significant favorable effects, in the newspapers in the last months, Mr. KERRY. It is not a hypothetical. quantifiable and nonquantifiable, so we have seen repeated stories of the Mr. JOHNSTON. If that is so, the that you are able to use it, whether it rise of asthma and allergy reactions in benefit justified the cost. is quantifiable or nonquantifiable, in children in the United States. We have Mr. KERRY. If we have a statute— meeting that test of cost-benefit. This a quantifiable number of asthma pre- the underlying statute suggests that, is when you go beyond the quantifi- scriptions that are issued as a con- for reasons of the health of our citi- able. You already quantified your bene- sequence of this rise of asthmatic con- zens, we want to achieve a minimum fits, but there will be other benefits dition. That is quantifiable in cost. We reduction in emission standards to 10 nonquantifiable—the value of a life, have a rising number of visits to doc- parts per million—a minimum stand- the value of clean air, the smell of tors for diagnosis, and that is quantifi- ard. But the legislation empowers the flowers in the springtime—all able in cost by the reporting levels agency to go further. It is a minimum unquantifiable. That is what you can that have allowed the newspapers to standard. take into consideration, and we explic- report a percentage of increase in Now, under your language, a meas- itly recognize that. You have already America. urement would be made as to the bene- taken into consideration quantifiable, To follow up on the so-called hypo- fit of the minimum standard, but it as well as nonquantifiable wants, but thetical of the Senator from Michigan, would also—— we are going beyond the statute at this those costs are quantifiable. We know, Mr. JOHNSTON. A measure would be point. in many cases, how much it costs made as to the rule, the rule as inter- Does the Senator have a question? America in money spent on health preted by the agency. That is what is Mr. KERRY. I appreciate the Senator care, in money spent on hospitaliza- subjected to the benefit-cost ratio. being willing to take some time. I tion, in lost time at work in a series of Mr. KERRY. I agree. And the judg- would like to follow up on the ques- quantifiable effects. We know that, and ment made by the agency would be, tioning of the Senator from Michigan, that can be measured against the cost does this rule or some—at the moment, because I believe that he has targeted of reducing whatever is the instigator we make the standard according to one of the most serious conflicts, ambi- of those particular effects. health-based and technology-based cri- guities—whatever you want to label it Mr. JOHNSTON. Right. teria. And we make an evaluation as to at this point in time—and clearly in Mr. KERRY. The Senator agrees. what are the benefits of reducing the the legislative process, we ought to Mr. JOHNSTON. Yes, but you see, all air quality. We make an analysis of strive, where we identify that kind of of those costs, whether quantifiable or what is the benefit of breaking it down ambiguity, to avoid it. I am sure the nonquantifiable in the first instance, to the 10 parts per million. Let us say Senator would agree. to determine whether the benefits jus- that for 10 parts per million reduction, As I read the relevant sections, I tify the cost, were taken into consider- the cost-benefit analysis shows an ex- confront the same quandary the Sen- ation. So I ask under your hypo- penditure of $100 and it saves 100 lives. S 9682 CONGRESSIONAL RECORD — SENATE July 11, 1995 But the same analysis has shown that supposedly the stated intent of the move the ambiguity to make it clear for an expenditure of $105, you could Senator. that there is no supermandate that un- save 150 lives. Mr. JOHNSTON. That is absolutely derlying law governs. That is the issue Mr. JOHNSTON. Yes, well, did—— the intent. here. That is stated to be the intent of Mr. KERRY. Let me just finish. Mr. KERRY. Why can the simple lan- the Senator from Louisiana, and the Under your language of least-cost al- guage not say, in the event of a con- language which can make sure that in- ternative, and the distinction between flict, the underlying statute prevails? tent is carried forward in this statute quantifiable and nonquantifiable, the Mr. JOHNSTON. I would have no is, I believe, quite easily drawn. We agency would be restricted to the $100 problem with proper language to do will be offering that language later on expenditure and 100 lives, even though that. The problem is that, first of all, I this afternoon, and I hope the Senator $105 could save you 150 lives. think we have very clear language from Louisiana can join in that clari- Mr. JOHNSTON. Not true, Mr. Presi- right now. I think it is very clear. The fication. dent, I tell my colleague, because there offered language creates its own ambi- Mr. JOHNSTON. I certainly will. is nothing here—first of all, I do not guity. Does the Senator understand my prob- know of any statute that says a mini- Mr. KERRY. I agree. I think the of- lem with the phrase, ‘‘in the event of mum of so many parts per million with fered language—I do not disagree, if he conflict, the statute under which the discretion to go higher. is referring to the language proffered rule is promulgated shall govern’’? Mr. KERRY. There is a statute. The earlier by the Senator from Ohio. Mr. KERRY. The Senator is saying Clean Air Act has minimal standards. Mr. JOHNSTON. It says, ‘‘In the that he believes that it is opening up a Mr. JOHNSTON. It is maximum event of a conflict, the statute under whole rule interpretation, is that cor- achievable controlled technology, which the rule is promulgated shall rect? which is not stated in parts per mil- govern.’’ Mr. JOHNSTON. What I am saying is lion. There are other standards. For ex- Mr. KERRY. I could walk the Sen- we do not define what—conflict. What ample, there are radiation standards ator through now literally section by we really mean is the substantive re- that do specify so many rems or section, and I think that when you do quirements of a health-based standard millirems per year, et cetera. The that, the ambiguity sort of leaps out at or a technology-based standard; that Clean Air Act is maximum achievable you. And when you have to go from one those health-based or technology-based controlled technology. That gives to section to the other and then ulti- standards shall govern. And we do not the administrator a broad discretion as mately find in the remote definition mean that the procedures under which to what is maximum and what is section one word—‘‘social’’—that some- the rule was adopted shall govern. achievable; that is to say, what is on how embraces this concept that you If you can get an appropriate way to the shelf. will have this relevant benefit analysis, phrase that concept, I certainly would Mr. KERRY. But the underlying stat- I think we are asking lawyers to start recommend it. Even though I think it ute—if I can say to the Senator, I have to tie up the regulatory process. The is clear, we want to reassure where we the examples. I did not come to the whole purpose of a lot of our efforts can. floor with them at this moment be- here in the Congress now is to reduce Mr. KERRY. In furtherance of that cause I came from another meeting. the need for anyone to have to litigate reassurance, could I just ask the Sen- But this particular colloquy was tak- what we are trying to legislate. ator, is it the clear intent of the Sen- ing place. I can assure the Senator that Mr. JOHNSTON. I tell my friend that ator to invoke into the rulemaking I will provide him with specific statu- it is indeed a complicated statute. But process a practicable, efficient, cost tory examples where this so-called hy- I think it is clear, and the problem is analysis? pothetical clash exists. All I am sug- that—you talk about will ‘‘social’’ em- Mr. JOHNSTON. Of course. Of course. gesting—— brace all these things. We say ‘‘bene- Mr. KERRY. I would say to the Sen- Mr. JOHNSTON. I would like to see fit’’ means the reasonably identifi- ator that I accept that. The Senator that because we have talked about able—this is page 13, section 621(2), line from Michigan accepts that. And that these hypothetical clashes. You see, in 8: The term benefit means ‘‘reasonably is what we want to achieve. your hypothetical, the benefits justi- identifiable, significant favorable ef- In the doing of that, I assume the fied the cost, because in the first in- fects.’’ Senator would want to also guarantee stance you saved lives—— Mr. KERRY. Are we reading from that cost analysis does not become a Mr. KERRY. I agree that the benefits the—— supermandate? do, but—— Mr. JOHNSTON. We are reading ac- Mr. JOHNSTON. Oh, of course. Mr. JOHNSTON. And if it is within tually from the substitute. In any Mr. KERRY. Therefore we should, I the realm of discretion of the adminis- event, it says, ‘‘reasonably identifiable, think, be able to arrive at language— trator—— significant favorable effects, quantifi- driven at by the Senator from Michi- Mr. KERRY. But there is no discre- able and nonquantifiable, including so- gan—that achieves an avoidance of the tion. cial and environmental health and eco- ambiguity, but without creating a new Mr. JOHNSTON. Under the law of the nomic effects.’’ potential for disruption of that cost Supreme Court, in the Chevron case, We did not want to go into a laundry analysis. the last and most definitive case I list because my friend knows the old Mr. JOHNSTON. May I suggest here a know of on the issue, they say specifi- rule about specifying one thing ex- way, perhaps, to get at this question of cally if the Congress has specifically cludes those matters not specified. You conflict? Part of my problem is to say spoken to an issue and the intent is will remember the old rule from law that ‘‘in the event of conflict’’—in my clear, then the agency must follow the school. That is the problem here. But it judgment there is no possibility of con- intent of Congress—‘‘Must’’ follow. is, I think, really clear. flict. We have written conflict out. So, Mr. KERRY. But the—— To get back to your question of the therefore, you do not want to admit Mr. JOHNSTON. I do not think you underlying statute governing, I insist the possibility of that which you have disagree with that. that it is absolutely clear. Neverthe- written out, which injects its own am- Mr. KERRY. The problem I think we less, I would recommend to my col- biguity. So you ought to take that are underscoring here—and I cannot for leagues a clarification, if the clarifica- phrase out and simply say that nothing the life of me understand the restraint tion does not inject its own ambiguity. herein shall derogate or diminish or re- on a simple clarification which actu- Mr. LEVIN. If the Senator will yield, peal or modify the health-based stand- ally codifies the stated intent of the I am delighted to hear that because in ards or the technology-based standards Senator in this colloquy. I mean, this the eyes of many, and I think many of environmental statutes—or words to is very simple language. It seeks to say who work with the Senator, who the that effect. if there is a conflict between the cost- Senator knows and are reasonable in Mr. LEVIN. We are drafting language benefit analysis in the underlying stat- their reading of laws, there is ambigu- to address an ambiguity that we per- ute and the least-cost standards, the ity in this language. There has been an ceive to be in the bill. And we will try underlying statute prevails. That is important and intensive effort to re- to write it in such a way—we will write July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9683 it in such a way that it does not create The PRESIDING OFFICER. The Sen- technology. This is sometimes referred any other ambiguity. ator from Rhode Island. to as BAT, best available technology. Mr. JOHNSTON. If you would just Mr. CHAFEE. Mr. President, the reg- Our science and engineering is too lim- leave out that ‘‘in the event of con- ulatory reform bill now pending before ited to know how to achieve an abso- flict,’’ because there is no conflict. the Senate would, if enacted, bring lutely safe level, so we say to those en- That is why we say it shall supplement sweeping changes to the regulations gaged in activities that may cause pol- and not supersede, because we have that protect the health and safety of lution, ‘‘Do the best you can to limit written it in such a way that it does the American people and of our natural the impact on others, or on nature.’’ not conflict and we do not want courts environment. But that is not the theory of this bill. to find conflict where none is there. What am I talking about? Let us The purpose of this bill brings an end Mr. KERRY. Suppose we say in the take a look at this cost-benefit analy- to that philosophy of ‘‘do the best you event of unforeseen consequences, in- sis business. Perhaps the most impor- can.’’ The report of the Judiciary Com- capable of being described by the sa- tant feature of this bill is the new role mittee says it very well. The Judiciary gacity of the drafter of the bill, we nev- for cost-benefit analysis in evaluating Committee says, ‘‘The proper philoso- ertheless—— health, safety and environmental rules. phy for environmental law is summed Mr. LEVIN. In the event somebody Under S. 343, which is the bill before up in this question: Is it worth it in finds it. us, the Dole-Johnston bill, every major dollars and cents?’’ That is on page 71 Mr. JOHNSTON. We do not admit of rule issued by a Federal agency must of the Judiciary Committee report. ‘‘Is that possibility. be accompanied by a study setting this action worth it in dollars and Mr. President, I think this has been a forth the costs that will be imposed by cents.’’ very useful exchange. And I hope, the rule and the benefits that will be That is a new philosophy. No longer maybe following up on this, we can experienced when the rule is fully im- is the question asked, ‘‘What is safe? make clear that those health-based plemented. What is the best we can do to preserve standards and technology-based stand- In other words, you figure the costs our natural heritage?’’ Those may have ards of the environmental statutes are on one side and figure the benefits on been the principles that formed our en- not affected, repealed, or modified in the other. vironmental policies over the last This is not exactly a new develop- other ways. quarter of a century, ever since 1972, ment. That has been required by Exec- Mr. LEVIN. And other statutes also, but now we are being told that policy utive order since the beginning of which are important to health and is too expensive. We should pay only as President Reagan’s administration. much as we are going to get back. Is it safety; the underlying statutes. There are, however, two new twists Mr. JOHNSTON. What we are talking to this, in this legislation. First, there worth it in dollars and cents? That is the new philosophy that is in about is health-based or technology- is a prohibition on the issuance of any this bill. This, it seems to me, this based standards. Is there any other rule, unless the Federal agency can cost-benefit approach—everything in standard we are talking about? certify that the benefits of the rule jus- dollars and cents—ought to appeal to Mr. LEVIN. Could be just a standard tify the costs. And, second, the oppor- the man described by Oscar Wilde in that the Congress sets. tunity exists for extensive court review the last century. Oscar Wilde described Mr. JOHNSTON. Yes, I—— of the scientific and economic studies somebody as being the following: He Mr. LEVIN. Could be the double- that form the basis for the agency’s hulled tanker. I am not sure what that certification. knows the price of everything and the is based on. We made a decision on that In other words, there are two new value of nothing. and you do not intend that anything in features in this bill. We have had cost- Is it worth it? It may seem like a this bill is intended to supersede it. benefit analysis in the past. But this commonsense test that should apply to The problem is, because of the ambigu- requires it. In other words, there can all regulations. But it falls well short ity we pointed out, it could be inter- be no issuance of any rule unless the of the envision that has been the foun- preted that there is an ambiguity in agency, the Federal agency, can certify dation of our environmental laws for that kind of situation. that the benefits justify the costs. Sec- the past quarter of a century. Much of Mr. JOHNSTON. The point is let us ond, we have in this legislation this ex- our current environmental law is based make it relate to standards and not to tensive judicial review. on the common law concept of nui- procedures. The cost-benefit analysis becomes a sance. Simply stated it is this: People Mr. LEVIN. Right. gate through which all of our health have a right to be free from injury Mr. JOHNSTON. Because the proce- and environmental policies must pass. caused by the activities of another. dures surely do supplement and they do And the gate will be guarded by a host Under common law, going back to the not conflict. of litigants in Federal courts all across 16th century, each property owner has Mr. LEVIN. It is our intent that our our land. They will spend millions of the private right of action to abate or language address the ambiguity that dollars on legal challenges to prevent to receive compensation for a nuisance we and many others perceive in the bill new rules from becoming effective. imposed by a neighbor. This is a prop- without creating any other ambiguity. This is a big departure from the ex- erty right. One type of nuisance fre- We will show it to the Senator before isting situation that we now have in quently addressed in common law we offer it. our country. Although cost-benefit courts was the matter of foul odors cre- Mr. JOHNSTON. I thank the Senator. analysis is now a useful tool in writing ated by some activity such as keeping I think we made progress. regulations, it is important to remem- livestock or operating a slaughter- Mr. KERRY. I think the Senator is ber that most health and environ- house. In fact, the first nuisance case correct. mental policies are not based on a involved odors caused by pigs kept in Mr. CHAFEE addressed the Chair. strict cost-benefit calculus. Other val- the alleys of London. The common law The PRESIDING OFFICER. The Sen- ues are also important in setting na- courts took action to prevent these ator from Rhode Island. tional goals. In some laws, the instruc- nuisances such as noxious odors be- Mr. CHAFEE. Mr. President, I won- tion to the agency is to protect public cause one person has no right to act in der if those Senators have completed health and to set a standard that en- ways that infringe on the property their discussion? I would like to pro- sures that no adverse health effect will rights of another. Under the common ceed for a few minutes. result from pollution. Some of our laws law, public officials could also bring Mr. JOHNSTON. Did the Senator are based on the principle of conserva- action to prevent a nuisance that af- wish to ask a question? tion. Agencies are directed to take fected the whole community. Mr. CHAFEE. No. I wanted to pro- whatever action is necessary to save a As our society became more industri- ceed. I did not want to intervene with species, an endangered species, for ex- alized, more complex, the potential in- something if they were just about con- ample, or to save a wild area from de- juries caused by pollution became more cluding. velopment or exploitation. far reaching and subtle. The ability of Mr. JOHNSTON. No, Mr. President. I In many cases our laws require the common law to abate and redress inju- yield the floor. use of best available pollution control ries effectively was undermined. S 9684 CONGRESSIONAL RECORD — SENATE July 11, 1995 So it was not the old question of your now. But that is not how this new law I want to make it clear that it is not neighbor suddenly bringing a whole lot works as proposed. the information provided by the cost- of pigs on his property, and you are Under the cost-benefit approach benefit analysis that concerns me. I downwind causing your property to be- there would be a limit on how much we think that all regulatory options come of less value because of the nox- could ask that plant to do to clean up should be rigorously analyzed and the ious odors. That is the simple case. But its pollution. The limit would be deter- options selected should put a premium it became much more complex as soci- mined by putting a price tag on the ad- on efficiency and flexibility and good ety became more complex. verse effects of the pollution. How science. We want all of these things. General pollution control regula- many people get sick? What is the cost The cost benefit studies that have tions, imposed first by the States and for their medical care? How many days been done under the Executive orders then by the Federal Government, have are they off from work or home from as exist now under President Reagan been established as the more efficient school because of illness? What is it and others have provided a useful tool, alternative, and have largely super- worth to be able to fish in a stream a tool to improve the quality of the seded the role of common law remedies that flows near the plant and to enjoy regulations. I have sponsored, along in protecting our rights to be free from outdoor exercise in that town on a with Senator GLENN, a bill that would pollution. For example, the concern for clear summer day free from smog and require cost-benefit analyses and risk air pollution that started under com- pollution? Under the cost-benefit ap- assessment for all major rules. The in- mon law as a complaint against these proach, pollution control is only re- formation generated by these studies is noxious odors I just described have quired if it costs less than the medical quite helpful to the agencies. been transformed into a concern for care for those stricken. It is quite another matter to say that the serious health affects that may be If the medical care is higher and you any polluter can go to court and chal- caused by air pollution. Today, we have are doing more damage and causing lenge a rule because it imposes more the Clean Air Act that sets Federal more sickness than the cost of the costs on his activities than the benefits standards for smog and carbon mon- equipment, then you have to put the that are realized by the neighbors. oxide and lead. The foundation of these equipment on. But if the equipment Under this bill, S. 343, you say you can- laws is, in part, the belief that we have cost is higher than the cost of the sick- not make me put that pollution con- a right to live free from threats to ness, you do not have to put it on. trol equipment on because, yes, I am human health caused by the actions of causing bad health downstream to my A stream is not cleaned up unless the others. The underlying principle has neighbors, but that is all right because recreational business or commercial been retained. One person engaging in the cost of their missing school or fisheries that use the stream are worth private activities does not have the missing work or the old people suffer- more than the investment in the pollu- right to impose injuries on another or ing from asthma, we put a price on tion control equipment. Some people the community at large. That principle that, and the price of that is less than may get sick. Some people miss work is the source of many standards that the cost of my equipment that I have or school. A fisherman may lose his instruct agencies to reduce pollution to to put on so I do not have to put it on. job. A boat house may close down. But levels that are safe or at which no ad- That is the new philosophy that is in that is all OK under this bill because verse public health effects will occur. this legislation. The right to be free from pollution is the alternative—asking the factory to Mr. President, here is the second gen- compromised by this bill, S. 343. This do its best to reduce the pollution— eral point. I am concerned about the bill imposes a cost-benefit test on regu- would cost too much, would cost more explosion in litigation that will result lations to control pollution. The the- than the losses suffered by the neigh- if this bill is enacted. All of us are say- ory behind the cost-benefit analysis is bors. ing we do not like the proliferation of your neighbor has a right to pollute as To me this is an outrage. I mean legal challenges that are coming up in long as the damage to you is less costly have you ever heard anything like different legislation. We want to stop than the cost of pollution control de- this? It is all right to cause pollution. that. This bill is a lawyer’s employ- vices are to the neighbor. In other You do not have to stop it as long as ment act. This bill ought to be ap- words, if you are damaged less than the the cost of the equipment to stop it plauded by every member of the bar as- cost you can impose on him to stop would be greater than the cost of the sociation, every student in law school this pollution, he does not have to in- sickness you are causing to your neigh- because this represents potential work. stall the pollution control. Yes. You bors and those downwind and the oth- There is a case to be made for regu- suffer. But that is tough luck. ers in the area. This is a very different latory reform. I am for that. Senator Let us suppose a large manufacturing ethic than that which guides our cur- GLENN is for that. All of us in this firm locates a new plant in the commu- rent policies. It abandons the prin- Chamber are for that. We have limited nity. The company’s owner admits that ciples of safety and conservation and resources to spend on environmental the plant will release pollution into the doing the best we can. It abandons the protection. It is essential that we air and water of the community. They notion of the right to be free from pol- spend those resources wisely. More also admit that, depending on the level lution that is the basis of our current science, better risk assessment, peer of pollution control required, the pollu- laws. review, all of these, if done right, will tion may cause illness or even death All of this is coming from a Senate do a better job protecting health and among the neighboring residents. How that is saying we protect private prop- natural resources. The regulatory re- much pollution control should the erty. We want people to be paid when form bill now pending will not result in plant be required to install? One way there are takings. Indeed, this is a bill smarter or more cost-effective environ- to answer that question is to set limits that comes over from the House that mental laws and regulations. Rather, it on the pollution so that there will be says if the cost of endangered species will cause regulatory gridlock. It will no adverse effects on the health or on and having that and protecting the en- entangle agencies in a web of proce- the community as a whole. Another an- dangered species is more than 30 per- dures and paperwork and endless swer is that the plant should be recent of your land, you have to be com- rounds of review and make the imple- quired to use the best available tech- pensated because that is a taking. But mentation of our environmental laws nology to control the pollution. We it is all right to take somebody’s nearly impossible. may not know precisely what is safe or health. You do not bother with that. This bill would substantially increase at what levels or by what routes people Somehow everything has gone crazy the number and complexity of court will be exposed to the solution. So we around this place. challenges to environmental regula- ask the owners of the plant. We do not This bill would allow your neighbor tions. There are nearly a dozen new ask them. We tell them. That is the to take your property rights unless the ways to get a regulation before court way it works now—to make the invest- Government can prove that the adverse under this bill even before the final ac- ment in the best pollution control effects you suffer are worth more than tion has been taken. This bill would re- equipment they can afford, to do the the cost that would be imposed for the sult in lawsuits. Is there a Senator who best we can. That is how the law works pollution equipment. believes that more lawsuits will lead to July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9685 better regulation? The Federal courts The Clean Water Act is probably our this cost-benefit business and this are not the place to decide questions of most successful environmental law. In plethora of lawsuits that would result science and economics that will be as- the late 1960’s, the Nation was stunned from this legislation. signed under this bill. when the Cuyahoga River in Cleveland I wish to thank the Chair. Congress, because we are upset about caught fire. A river caught fire. That Mr. GRASSLEY addressed the Chair. the cost of health and environmental shows you the condition of our rivers The PRESIDING OFFICER (Ms. regulations, is impatient, is too impa- and lakes and streams in the latter SNOWE). The Senator from Iowa. Mr. GRASSLEY. The legislation that tient to wait for a statute-by-statute part of the 1960’s. Our waters were being used as open sewers—the Poto- is before us is not about whether or not review of its own enactments. It is us the Government should write regula- and the laws that we have passed which mac, absolutely foul. In responding to this problem, Con- tions or whether or not we should have have resulted in all these rules. What regulators. That is an accepted fact. It we ought to do is look at these laws gress passed the Clean Water Act in 1972 and set some very ambitious goals has been a part of the process of Gov- and examine the rules under them. But ernment a long time before we had the we should not turn everything into a including the elimination of all discharges to surface waters by 1985. Administrative Procedure Act in 1946. judicial review that goes up to our All that did was basically conform all courts. Well, we did not meet that goal of 1985, but we have made a lot of progress regulation writing to the same process. Mr. President, no doubt we will hear This legislation is about bringing since the Cuyahoga River caught fire many horror stories about environ- common sense to the whole process of in the 1960’s. When we began this effort mental regulations while this bill is writing regulations. And all of the hor- under the Clean Water Act, more than being debated. And many have been pa- ror stories that can be told about bad two-thirds of our lakes, rivers and raded already. But we ought not to lose regulations and the bad enforcement of streams in the United States of Amer- sight of the big picture. These laws maybe even good regulations is related ica failed to meet the clean water have worked. They have improved the to the fact that people affected feel standards. quality of life for all Americans. Let that there is not a commonsense ap- With these 20 years of effort behind me give you some examples. proach to the regulation writing. The us, some of our most polluted waters— bottom line is, that we need legislation In a period that has seen significant Lake Erie, the Potomac River, Narra- to bring common sense to regulation growth in population, significant gansett Bay in my own State—have growth in industrial activity and in and the enforcement of regulation. made remarkable recoveries. Today, This legislation before us does that. automobile travel, we have more than those streams and lakes and bays are held our own against the most difficult And yet there are people that are com- fishable and swimmable. ing to present possible horrors that air pollution problems. Between 1975 On the international scene, the Unit- and 1990—that is a 15-year period—the will result if this legislation is passed. ed States has led the way as the world This is just not so as far as I am con- total vehicle miles traveled in the has faced up to the threat of ozone de- United States increased by 70 percent. cerned. This legislation is not going to pletion. Each new development in our change any existing laws on the books It went from 1.3 trillion miles to 2.2 scientific understanding of trillion miles driven in a year—a 70- that deal with public health, and safe- chlorofluorocarbons and their impact ty, environmental laws. Not one. percent increase in mileage driven in on the ozone layer has confirmed the the United States in 15 years. In that There are many false accusations wisdom of the Montreal Protocol, the about this legislation that it would same period, the vehicle emissions of global agreement to ban production of hydrocarbons, which is one of the pol- override existing law. There are a half- CFC’s that was signed by a Republican dozen places in the legislation that lutants that cause smog, were cut President in 1987, President Reagan. nearly in half. Up went mileage by 70 makes it clear that this legislation is Since the Endangered Species Act not a supermandate imposing the lan- percent, pollutants, emissions of hy- was passed in 1973, populations of guage of this legislation in place of any drocarbons dropped by nearly 50 per- whooping cranes, brown pelicans, and specific public health and safety laws cent, from 10 million tons to 5.5 million peregrine falcons have come back from on the books. But this legislation is tons a year. near extinction. The bald eagle is ready about process to make sure that regu- Now, that just did not happen. That to be moved from the endangered to lation writers cannot go hog wild in did not come about because industry the threatened list. Both the California trying to accomplish their goals. wanted to do it. It came about because gray whale and the American alligator This legislation has in it judicial re- of Government regulation. We required have recovered to the point they have view of regulation writing, and judicial the automobile industry to produce a been removed from the endangered list review of regulatory activity, and judi- car that would reduce emissions by 90 altogether. cial review of the actions of regulators. percent, and they did it. Just since Now, what does all this mean to us? We ought to have judicial review to 1990, in only 5 years, between now and The American people can be proud of make sure that the process conforms to 1990, the number of areas in violation the accomplishments that have been the statute and to the intent of Con- of the carbon monoxide standard in made under the Clean Air Act, the gress. Regulation writing and the proc- this country have dropped from 40 Clean Water Act, the Endangered Spe- ess of analyzing information that goes areas to less than 10. Since the mid- cies Act, and our other environmental into regulation writing and particu- 1970’s, lead in the air is down by 98 per- laws over the past quarter of a century, larly scientific analysis should not be cent. The amount of lead in the air has and the American people are proud of above the law. And the only way I decreased by 98 percent—98 percent. this. And when asked, most often they know to assure that regulators do not Why do we care about this? Because say that we have not been tough go beyond congressional intent is to lead in the air affects the developmen- enough on water pollution and air pol- make sure that there is judicial review. tal capacity of children growing up in lution. They want us to do more. They Well, there are an awful lot of accusa- congested urban areas. These are the want Government to work better. But tions from opponents of this bill that most vulnerable Americans. And who they want it to continue working for somehow if this bill becomes law it is are they? They are low-income areas, the health and environmental goals going to compromise public health and they are poor children who live there, that have been achieved and are being safety. On the other hand, those of us and we have cut the lead in those areas achieved in our country today. The who are proponents of this legislation by 98 percent. If this bill had been in American people cherish their right to can give example after example of place during that time, EPA Adminis- their property and the right to pass it where the existing process, without the trator Carol Browner has said that we on to their children free from pollu- proper safeguards in the existing legis- could not have achieved those reduction. lation, have become a real horror for tions in lead in gasoline. That mar- So I think, Mr. President, we have a certain individuals who are affected. velous accomplishment that we are so lot to be proud of that we have Yesterday I had the opportunity to proud of could not have been achieved achieved under the existing laws. I cer- present an instance in which an in- with a strict cost-benefit analysis. tainly hope we do not get involved with formant who was a former disgruntled S 9686 CONGRESSIONAL RECORD — SENATE July 11, 1995 employee, brought to the attention of So I want to take the opportunity to tons, but all 700 grain elevators are af- EPA the possibility of the burying of discuss at least one example where con- fected by this regulation. some toxic waste on the business of the ducting a cost-benefit analysis would How this could be the case ought to Higman Gravel Co. of Akron, IA. And, have avoided the enactment of an ab- defy all logic and does. During a sub- of course, there was not any such toxic surd regulation that has cost small committee hearing that I conducted on waste buried there. But they acted on businesses in my State and many other the bill before us, we heard testimony information of an informant and one States hundreds of thousands of dollars from an operator of a grain elevator in morning at 9 o’clock came to the place and has resulted in absolutely no bene- Mallard, IA, in northwest Iowa. This of business. It was a usual morning at fit to the environment, absolutely no particular elevator takes in grain for the business. Mr. Higman was gassing benefit to the environment. The 1990 only 30 to 40 days per year and has a up his truck to start the process of Clean Air Act amendments regulate capacity of 3 million bushels. But ac- work for that day. His accountant was what are called major sources of emis- cording to the EPA, this little country behind the desk in the office doing sions and it defines ‘‘major sources’’ as elevator in Mallard, IA, has the capac- what you would expect accountants to those that have the potential to admit ity to process over 11 billion bushels of do. And all of a sudden that quiet 100 tons per year of a criteria pollut- grain per year. Let us put this 11 bil- morning, 40 local and Federal law en- ant, such as dust. The EPA in further lion bushels of grain per year EPA fig- forcement agents come with cocked defining ‘‘potential’’ to emit assumes ures this grain elevator can handle in guns to this place of business telling that facilities operate 24 hours a day, the context of our crop for 1 year in the Mr. Higman to shut up while the gun 365 days a year. entire United States. was pointed at him. They had, by the Now that is quite an assumption—sit- Last year, the U.S. corn harvest set a way, bulletproof vests on. They went ting in a marble palace someplace in record at 10.3 billion bushels. This into the office and stuck the gun in the Washington, DC, to assume when you year, because of the early rain in some face of the accountant. All of that in a are writing a regulation that every parts of the Midwest, the USDA is pro- little place of business, acting because business is going to operate 365 days a jecting a 7 to 8 billion bushel harvest. a disgruntled employee had given some year, 24 hours a day. Yet, the Environmental Protection misinformation. When you apply that faulty logic to a Agency assumes that 11 billion bushels It cost Mr. Higman $200,000 in legal seasonal business, such as grain ele- of corn, more corn than has ever been fees and lost business and probably vators in my State—and if some of you produced in this country in a year, will still injured his reputation to some ex- are confused about the term ‘‘grain ele- go through that one country elevator tent. But he had to fight it in the vator,’’ just let me simply say, that is in Mallard, IA. courts to get out of criminal charges a big cement silo where you store This calculation, of course, would be that were unjustified. Now, just a little grain, where the farmers deliver grain, laughable but for the fact this elevator bit of common sense in the process of where grain can be processed from or will expend a lot of money and a lot of regulation writing in the process of en- grain can, in turn, be loaded onto hop- time as a result of this EPA regulation. forcement could have saved a lot of per cars to be shipped to another loca- Last fall, at the height of harvest, the trouble, damaged reputation for a good tion, even overseas when it gets to the Mallard elevator received a 280-page businessperson, damaged reputation for terminal. But when you apply this permit application based upon the reg- the legitimate work of the EPA. faulty logic, assuming that a business ulation I am talking about. The appli- I have another example that I would is going to operate 365 days a year, 24 cation is so complex that the elevator’s like to refer to because some people are hours a day, for grain elevators, it be- managers were required to obtain an making the argument that environ- comes evident how absurd this regula- outside consultant to help complete mental legislation should not be sub- tion is in practice and how a simple the application. The cost of this assist- ject to cost-benefit analysis or to risk cost-benefit analysis would have illus- ance is estimated to be in the neighbor- assessment because a price tag cannot trated this fact. hood of $25,000 to $40,000. Remember be placed on an individual’s health. In my State of Iowa, we have ap- that my State has about 700 of these There is not a price tag placed upon proximately 700 grain elevators. I elevators, all required to pay up to individual health. But when it comes think I know what I am talking about $40,000 to comply with an absurd regu- to cost-benefit analysis, if there is a $5 when I talk about a grain elevator. My lation. cost to saving a life, or a $50 cost to son and I have a family farming oper- So there is a very identifiable cost saving a life, what is wrong with tak- ation. My son operates it almost to- associated with this regulation from ing the $5 cost to saving a life as op- tally by himself. I try to help when I EPA in terms of money, in terms of posed to the $50 cost of saving a life? am home and we are not in session. time and in terms of jobs. The benefit Common sense would dictate that you In the fall of the year, my son runs to the environment and to the public ought to use the less costly approach. what we call a combine, a grain-har- health is less clear, however. In other But people are arguing that requiring vesting machine. This combine har- words, I am about to say that there is the EPA to assess and scrutinize the vests our corn and our soybeans. One of no need for this regulation because cost of regulations will somehow lead the things I can do to help my son in there is not any impact on the public to a rollback of environmental protec- the fall is to haul the grain, the corn, health, what the EPA assumes is a tion. or the soybeans from the combine from health problem. Now, I agree that a price tag cannot the field 3 or 4 miles into town to First of all, all emissions from grain be placed on the health of citizens. And weigh and to unload at our local New elevators are in the form of dust, and we do not intend to roll back the gains Hartford Cooperative elevator close to that is not considered toxic. Second, made in environmental protection in our farm. these dust particles—if you want to this country over the last 25 years. We deliver grain to these local coun- know where the dust comes from, I told Senator CHAFEE, who we have just try elevators. We have 700 of these in you how you take the grain from the heard, the distinguished chairman of the State of Iowa, and there are about field off the combine, on the wagon be- our Environment Committee, is cor- 96,000 farming units in my State that hind the tractor or in your truck to the rect. Many gains have been made in en- use these 700 elevators to sell their local grain elevator. You weigh it be- vironment in the last 25 years. And we corn to and to process their grains. fore you unload it. Then you pull into should not turn our backs on these sig- Although less than 1 percent of these a pit with a grate over it. You drive nificant achievements. elevators actually emit more than 100 your tractor over the grate, you open But once again, if the question is a tons, which is what EPA has defined as up the door and the grain unloads. $50 cost to saving a life versus a $5 cost the level to be classified as a ‘‘major While this grain is falling about 2 or 3 to saving a life, we would chose the $5 source,’’ if you use EPA calculations, feet into the pit, there is some dust as- approach. The life is going to be saved all 700 grain elevators in Iowa are con- sociated with that grain. Farmers live either way. And we want that life sidered major sources of emission. Only with that every day on the farm. EPA saved. 1 percent actually emit more than 100 does not try to interfere on the farm, July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9687 but they do try to interfere when you rule were only applicable to the time He recognized that this was a good haul your grain to town and unload it. that the business was creating dust in thing, but he also stated that this may Those dust particles are fairly large the first place—how stupid to assume not be enough because such emergency in size. They are just specks, in a that a business is going to be emitting provisions leave too much to agency sense, but fairly larger in size than dust into the air 365 days out of the discretion. Perhaps a separate provi- most of the types EPA is trying to reg- year, 24 hours a day, when it only prob- sion just dealing with E. coli bacteria ulate. They fall to the ground, after ably operates about 10 hours a day, and is needed, he concluded. the winds have caught them, and they the activity they want to control only Now I want to point out that Senator may blow away from where you are un- takes place maybe 30 to 40 days out of GLENN’S own substitute does not con- loading. They fall to the ground. They a year. tain a separate provision dealing with never enter the atmosphere. We are entitled to some common- E. coli bacteria and bad meat. Thus, if there is even a remote sense regulation, and we are never Instead, the Glenn bill also contains chance the particles can be harmful, going to get it until we have legisla- an emergency provision that exempts the group most at risk are the employ- tion that dictates that we use a com- rules from risk assessment require- ees of the facility. Are we concerned monsense approach. This legislation ments when there exists a threat to about the employees of the facility? does it. public safety. Yes, we are concerned about the em- Mr. DOLE addressed the Chair. This is exactly the approach the Dole ployees’ health. But this concern has The PRESIDING OFFICER. The ma- bill takes. You simply cannot specifi- already been addressed by OSHA regu- jority leader. cally exempt all emergencies that may lations; not EPA regulations, but Mr. JOHNSTON. Will the Senator arise that requires a speedy promulga- OSHA regulations. In fact, the elevator yield for a question? tion of a rule. that I talked about, the Mallard eleva- Mr. DOLE. I will be happy to yield. If you did that you would have to tor, spent $12,000 in 1994 for training Mr. JOHNSTON. Madam President, enumerate every disease and natural and equipment to ensure the safety of we have been debating the Dole amend- catastrophe that ever existed. The bill its employees who work around grain ment here all today. I have heard real- would become too long and would wind dust. ly no criticism at all on the Dole up looking like one of those 100 page The primary reason that the regula- amendments. If our side is willing to insurance policies. I support the Dole amendment not tion results in little public health ben- accept those on a voice vote, and I do because it is necessary—rules that need efit, however, is that these elevators not know that they are, is the majority be quickly promulgated because of an have actual emissions of well under 100 leader willing to let those go on a voice emergency and agency safety inspec- tons, and, in most cases, well under 20 vote? Or does he want—— tion and enforcement actions are al- tons. Mr. DOLE. I think we want a rollcall. Under the Clean Air Act, they are not I read so much about this from Joan ready exempt from S. 343’s require- required to reduce emissions, but they Claybrook and Ralph Nader, I want ments—but because adding the words are still covered by the regulations. So them to be assured by a unanimous ‘‘food safety’’ in the emergency provi- after spending hours completing a 280- vote that we heeded the great contribu- sion may somehow quell the unneces- page application and paying maybe up tion, not only that they made, but the sary hype over food safety and the to $40,000 to a consultant to help fill New York Times and other ex- myth that S. 343 does not protect the out this 280-page application, the result tremely—— public. Mr. JOHNSTON. Does the Senator Mr. CRAIG addressed the Chair. is that emissions are not reduced at The PRESIDING OFFICER. The Sen- all. They are not reduced at all. wish a rollcall on all the amendments or just the first one? ator from Utah. This type of regulation—one that Mr. HATCH. Madam President, I seems to impose large costs on small Mr. DOLE. I think if we had a rollcall on the first one, then I assume the oth- yield 10 minutes to the distinguished businesses and individuals without any Senator from Idaho. public benefit—is exactly the reason we ers could be disposed of by voice vote. We would be glad to ask consent that The PRESIDING OFFICER. The Sen- need a cost-benefit analysis, and ex- ator from Idaho. actly the type of regulation that is now vote occur at 5:30. Mr. JOHNSTON. At 5:30. Mr. CRAIG. Madam President, it ap- saddling the public, and we will avoid Mr. DOLE. Could I get consent? I pears we are about to vote on the Dole saddling businesses in the future if we make the request there occur a vote at amendment to S. 343. I must say, I am pass S. 343. But, you see, we have regu- 5:30 on amendment No. 1493 and, if the extremely pleased the Republican lead- lators that do not know when to quit amendment is agreed to, amendment er came to the floor this morning and regulating. They do not stop to think, No. 1942, as amended, be agreed to, and propounded this amendment to stop Well, should we really be regulating amendments numbered 1494 and 1495 be what I have watched over the last this or that? They get some sort of a automatically withdrawn, and that the week—at best, journalistic silliness pseudo-science to justify some regula- time between now and 5:30 be equally and a tremendous effort to distort tion, and some of these agencies even divided in the usual form. what are, in fact, facts and realities as ask scientists from academia to come The PRESIDING OFFICER. Is there it relates to certain processes that in and review their scientific analysis objection? have gone on and are still going on at which is the basis for their regulation Mr. GLENN. Reserving the right to the Department of Agriculture. writing. We can show you examples of object. When I read headlines in the New when those scientific panels have come The PRESIDING OFFICER. The Sen- York Times that suggest—and they in and said, ‘‘You have to go back and ator from Ohio. did—‘‘Let Them Eat Poison, Repub- start over again. There is no scientific Mr. GLENN. I do not object. licans Block a Plan That Would Save basis for the regulation you are writ- The PRESIDING OFFICER. The Sen- Lives,’’ I say that is in fact a knowl- ing.’’ ator withdraws his objection. edgeable and outright distortion of the But they are not looking for a sci- Hearing no objection, it is so ordered. facts as we know them and certainly as entific basis for regulation. They are ONE LAST POINT ON E. COLI AMENDMENT this Senator knows them. only looking for a small part of a sci- Mr. HATCH. Madam President, this So, for the next few moments I would entific justification for what they want morning, my friend Senator GLENN, like to relate to you some unique expe- to do anyway. They want to do what criticized S. 343 for not containing an riences I have had serving on the Sen- they want to do, regardless of the cost. explicit and separate provision exempt- ate Agriculture Committee that have And this legislation will impose some ing regulations dealing with food safe- dealt directly with the issue of the E. common sense on the regulation writ- ty and E. coli bacteria. coli bacteria and what this Congress ers, which common sense, if it were To be fair, Senator GLENN recognized and this administration has attempted used, would not have resulted in a reg- that S. 343 contains emergency provi- to do and, in some instances, has failed ulation that affects 700 grain elevators sions that would allow agencies to to do. in my State when, in fact, only 1 per- quickly deal with bad meat and E. coli First, I want to talk about how they cent are over the EPA limit. And if the emergencies. are playing fast and loose with the S 9688 CONGRESSIONAL RECORD — SENATE July 11, 1995 facts with, in my opinion, a direct ef- I, working along with the then Sec- the food safety and inspection service fort to generate public attitude, and, in retary Espy, began to move rapidly to in our country has been locked in a this instance, the attitude would be try to solve this problem because it static environment since 1906, unwill- one of fear. Second, I want to talk was an issue whose time had come and ing to move with the times and unwill- about this administration, what it can it was important that the Congress of ing to move with the science of today. do, if it is sincere in helping improve the United States face and deal with But today’s challenges are food safety, with or without S. 343. And food inspection in this country when microbiological in nature. It is not a I want to show it is flatout wrong to they had in fact failed for years and matter of sight. It is not a matter of claim that this bill, S. 343, and all of years to do so. inspecting because of an animal disease the proceedings to it, along with this So let me suggest to you that one of whether meat appears to be safe or it is amendment, are going to do one single the arguments that has to be placed be- not safe. It is really now a question of thing to damage food safety in this fore the American consumer is simply science. It is a question of bringing on country. this: True methods that transcend gen- line a technique that we all know ex- Madam President, we take for grant- erations of Americans, whether we in- ists out there. It is called HACCP. It is ed, in the United States, that we have spect the way we inspect or whether we called hazardous analysis and critical the safest food supply in the world— regulate the way we regulate, or control point. and we should take it for granted be- whether we change the rules of the These are the issues at hand, Madam cause we do. We are indisputably a na- cause and effect, the bottom line is you President. That is why we are here de- tion that places before its consuming cook your meat and your poultry thor- bating today. Is there blame to cast public the safest of all food supplies. oughly. And if there is an example— around? Oh, yes, there is. But blame Let me suggest that, when I make and there is argumentatively statistics should not rest with this legislation. that statement, I do not suggest that today—that suggest there is an in- Blame should rest with past Congresses all food is, on all occasions, absolutely, crease in E. coli poisoning and bac- and past administrations that were un- every day, totally safe. New regula- terial poisoning, I believe it is because willing to bring on line the kind of sci- tions do not save lives; safe food proc- the consuming public no longer has the entific food inspections that our coun- esses save lives. And it is phenome- knowledge or has not gained the try and our consumers deserve today. nally important for us to remember knowledge that you have to prepare I hope the Dole amendment will take that the responsibility of safe food lies your food properly. They just expect away from this debate the kind of with everyone involved, in produc- the Government to put on the plate gamesmanship that was clearly going tion—that is the one side we are talk- every day and at all times safe food. on in the press of this country because Let me suggest to the person who is ing about, because that is where the I think it ought to be stopped. My the preparer of food—and that is all of rules and regulations are—and on the guess is the vote today will do so. us—that you just do not pop it in the Opponents of regulatory reform consumption side, and that is where microwave. You had better learn that claim it endangers health and safety— you and I and all other consumers, food that is improperly prepared can in especially in the area of food safety. I Madam President, have a responsibil- fact be life-threatening on occasion, if am here to set the record straight. ity. you mishandle it. And in 97 percent of First, I want to talk about how they Here is an interesting statistic that the cases between 1973 and 1989 that are playing fast and loose with the has been ignored by the press even was in fact the fact. I do not think that facts, to generate public fear. though they know it. From 1973 to 1987 any of us today should be confused by Second, I want to talk about what the Centers for Disease Control, which the playing or the gamesmanship that the Clinton administration can do if it I think has credibility, reported that 97 has gone on with this issue. is sincere about helping to improve percent of foodborne illnesses were at- To the critics that claim that Gov- food safety. tributable to errors that occurred after ernment should bear all the respon- Third, I will show that it is flatout meat and poultry leave the plant; in sibility of food safety, I think you can wrong to claim this bill will do any- other words, leave the processing tell by my expression this afternoon thing to endanger food safety. plant, the slaughterhouse, the prepara- that I just flatly disagree. However, I SAFE FOOD SUPPLY tion plant, the packing area, if you do want to make one point. The admin- We take for granted that in the Unit- will, however you wish to describe it; istration has had the authority to ad- ed States of America we have the 97 percent of all foodborne illnesses are dress any food safety issues and in my safest food supply in the world. attributed after that. Yet, the debate opinion has not delivered. They have New regulations do not save lives. today, and the foolish rhetoric in the worked at it for 21⁄2 years. What hap- Safe food processes save lives. The repress, has been on the other side of pened? When an industry pleads with sponsibility for safe food lies on every- that issue. them to bring on new regulation be- one involved in the production and con- Why have they missed the point? cause the appearance of food that is sumption. How could they come to be or appear to not safe damages the reputation of the For the time period from 1973–87, the be so ignorant to the fact? Is it because industry, it obviously causes great con- Centers for Disease Control reported they want it to be? Is it possibly be- cern to the consumer. Yet, this admin- that 97 percent of foodborne illnesses cause they want to distort the basis of istration has stumbled repeatedly in- were attributable to errors that occur the debate and the arguments behind side USDA to bring about a new set of after meat and poultry leaves the why this Congress is moving S. 343? standards and regulations that the in- plant. Most foodborne illness can be Most foodborne illnesses can be pre- dustry placed before them and said, prevented with proper practices in res- vented with proper food handling or Please do it. Please bring about proc- taurants and home kitchens. preparation practices in restaurants essing that results in a regulatory ef- The best way to ensure that food is and in home kitchens. Observers this fort that will cause in all appearances safe is a tried and true method that afternoon might say this Senator has a and hopefully in reality safe food. transcends the generations: Cook your bias. He comes from a life in the cattle Why has it not happened? Why are we meat and poultry thoroughly. The industry. Madam President, my bias still generally operating under a stand- basic rule of thumb is that meats does not exist there because when the ard that was put in place in 1906? Is it should be cooked until the fluids run debate on E. coli began 21⁄2 years ago— because of the political interests? Is it clear and the internal temperature has I come from a beef-producing State. because of the tug and pull of a labor reached 160 degrees Fahrenheit. But we had young people in our State interest that simply said, ‘‘We will not Unfortunately, that lesson has not growing ill, and in one instance a near give up our featherbedding and our em- always been heeded. In my grand- death, because of a contaminated ham- ployees for a safer, more scientific mother’s scrapbook there is an article burger eaten at a fast food restaurant process?’’ Oh, yes. Madam President, detailing the death of a family of six in my home State of Idaho. So I was that is part of the debate that some- near Cambridge, ID, due to improper clearly caught in the middle of this de- how we wanted to quietly skirt around food preparation. This unfortunate oc- bate. when in fact it is fact, and that is why currence took place in 1929. As you can July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9689 see, the issue of food safety is not a Neither consumers, nor industry, can MEGA REG INCREASES RISK new one. afford to pay for the undue burden of For example, the FSIS proposal The food preparer and consumer al- unnecessary regulations. would require that plants be kept far ways have and still must accept ulti- THE MEGA REG BUILDS ON A WEAK FOUNDA- colder than they ever had before. These mate responsibility for food safety. Un- TION—THE CURRENT INSPECTION SYSTEM cold temperatures can help keep bac- fortunately, that responsibility, along Unfortunately, the HACCP provisions teria from developing, but can be with all others in this life, occasionally in the mega reg would be layered on harmful to workers. Cold temperatures bears a consequence. top of the old system. These two sys- increase the risk of repetitive motion To the critics that claim the Govern- tems do not blend. In fact, they actu- disorders. ment should bear all responsibility for ally work against one another. The MEGA REG MOTIVES food safety—I must disagree. However, current system tries to detect prob- The nature of change and seriousness I want to point out that this adminis- lems, not prevent them. The HACCP of food safety underscores the need to tration has had the authority to ad- portions of the mega reg try to prevent involve all parties equally. Although, dress any food safety issue and has not problems. This contradiction is not in the current administration has spent delivered. the best interests of food safety and over 2 years discussing meat inspection A number of petitions from industry the American consumer. reform, their proposal does not satisfy to utilize existing technology and im- Additionally, the regulatory require- anyone involved. For instance, the in- prove food safety have been stalled at ments of the two systems, when taken dustry is concerned that USDA has the U.S. Department of Agriculture. together, are literally overwhelming to paid more attention to the concerns of One example is a steam vacuum that companies, especially small businesses, labor than it has to other groups, in- can be used to remove contamination who fear that the new requirements cluding packers and processors. from carcasses. Only after multiple re- would force them to close their doors. The union that represents meat and quests did the Food Safety and Inspec- To make real progress, the current sys- poultry inspectors is concerned about tion Service even allow a testing pe- tem must be discontinued so that a new approaches to meat and poultry riod to begin. It is not right for fingers newer and stronger foundation can be inspection because they fear their jobs to recently be pointed at the Repub- laid. may be at stake. lican Party, when this administration FINISHED PRODUCT MICROBIOLOGICAL TESTING USDA’s Acting Under Secretary for has consistently delayed food safety SOUNDS GOOD, COSTS A LOT AND ACHIEVES Food Safety Michael Taylor is an April improvement and reform. LITTLE 7 memo told all FSIS employees that The administration’s response to this The mega reg contains requirements ‘‘as we implement HACCP, we will be issue and others in meat inspection for finished product microbiological expanding, not shrinking the range of was released in February 1995, and has testing, meaning that products would regulatory roles and inspectional tasks since been nicknamed the ‘‘mega reg.’’ be tested at the end of the production required of our employees’’. Mega reg, as introduced by the Food process. To the lay person, this sounds But changes to the inspection system Safety and Inspection Service [FSIS]: like a good idea. But in practical terms must be made based on what is sci- The current meat inspection system is it doesn’t work and it has been rejected entifically sound, not based on the outdated and outmoded. Established in by groups like the National Academy needs of any one special interest group. 1906, the system has remained largely of Sciences and the General Account- If food safety was really a priority to unchanged and relies on visual inspec- ing Office. this administration they would balance tions of every carcass to ensure safety. Take the example of a test on a ham- the needs of all affected interests. The That made sense at the turn of the cen- burger patty. Conceivably, one side administration would enter into a tury when animal diseases were a might be negative for a particular bac- process that could expedite meat in- major concern. teria while the other side potentially spection reform. The administration But today’s challenges are could be positive. So how does a plant has the authority, although it has not microbiological in nature. Because it is know where it should test? And how been used, to enter into negotiated so difficult to detect microbiological can it feel confident that test results rulemaking and devise an acceptable problems, and because it is impossible ensure safety? The best assurance is a and effective solution. to see bacteria, the best approach is process control system like HACCP. As written, the mega reg is not a so- one of prevention. Such an approach is The only way to guarantee that a prod- lution to the needs of meat inspection called hazard analysis and critical con- uct is bacteria-free is to cook it prop- and food safety. Utilizing the advances trol points or HACCP. erly. of modern science and technology Unfortunately, the administration So where does microbiological test- would be a solution. chose to combine both of these choices ing fit into meat processing? The best MEGA REG IS UNRELATED TO THE DOLE- rather than make clear and sweeping approach is to use microbiological test- JOHNSTON SUBSTITUTE reform. ing during the production process to Regardless of your position relating Most troubling is the fact that the ensure that processes are working as to the mega reg, it cannot be cited as administration’s proposal would not re- they should be, not at the end of the a reason to oppose regulatory reform. place the old outdated system, as has process to try and find a needle in a The language in section 622 of the sub- been recommended by scientific groups haystack. stitute provides a ‘‘health, safety or including the National Academy of THE MEGA REG WOULD INCREASE REGULATORY emergency’’ exemption from the cost- Sciences and the General Accounting REQUIREMENTS, BUT DOES NOT PROVIDE THE benefit analysis and risk assessment Office. Instead, mega reg would layer a NECESSARY EMPLOYEE TRAINING requirements if they are not practical host of new, costly requirements on top The meat and poultry industry is the due to an emergency or health or safe- of the weak foundation that is the cur- second most regulated industry in the ty threat. rent inspection system. country, just behind the nuclear indus- In addition, section 624 of the sub- Almost everyone involved, including try. On-site inspectors keep track of stitute allows for an agency to select a consumers and the meat and poultry reams of detailed requirements. The higher cost regulation when industry, agrees that change is impera- mega reg would add to those require- ‘‘nonquantifiable benefits to health, tive. But the current proposal does not ments dramatically, but the nature of safety or the environment’’ make that embody these critical improvements. the new requirements would be en- choice ‘‘appropriate and in the public In fact, the current proposal cannot de- tirely different than earlier regula- interest’’. liver on its promises and will largely be tions. This regulatory reform bill focuses a hollow promise to consumers who are If implemented, such a change calls on the process of rulemaking and re- seeking safer meat and poultry. for comprehensive training of those sults of regulation. It no way hinders When, not if, but when the system is who would enforce the regulations. But the legislative process. Congress will overhauled, change must be envisioned the proposal does not address this still have full and complete authority and implemented correctly. Not on the issue. This omission has the potential to pass laws addressing health safety second or third try, but the first time. to create chaos in practice. situations. Past laws that are already S 9690 CONGRESSIONAL RECORD — SENATE July 11, 1995 on the books will not be superseded by Kalispell, MT, to look at new regula- give the employer options. In the case bill. tions for logging operations. They of roofers, the employer can hire a roof Critics have targeted food safety. If range from silly to impractical to monitor who tells roofers when they the critics want food safety change, downright dangerous. get too close to the edge. Now that is they should address those in the ad- SAFE WORKPLACE ridiculous. ministration with the power and au- One of the regulations requires a By now, we have probably all heard thority to make meaningful and imme- health care provider to inspect and ap- the statistics before—the cost of regu- diate change. prove first aid kits on logging sites lations to our economy is staggering. Whether it is food safety or any other once a year. It makes me wonder just Federal regulation costs have been es- area of our lives as U.S. citizens, we how that health care provider would be timated between $450 billion and $850 must answer a fundamental question: reimbursed for that visit—is it a house billion every year. That works out to What level of risk are we willing to ac- call? Making certain that first aid kits about $6,000 per household every year. cept in our daily lives? contain the needed supplies is certainly That might be acceptable if we knew For example, one mode of transpor- something the employer can do on his we were getting our money’s worth. tation may be safer than another, we or her own. Requiring a health care And that is what this is all about. oftentimes accept a small level of risk provider to inspect each kit is ludi- S. 343 will allow us to decide whether and choose the mode that takes us crous. the benefits of the regulation justify from point A to point B in the least Another regulation required loggers the costs. That may not always be amount of time. to wear foot protection that is not even easy, but it’s necessary. It is respon- Even though technology is con- available. Specifically, they must have sible. It will give us a tool to decide stantly improving, it is unrealistic to on waterproof, chain-saw resistant, whether the regulation is truly needed think we will ever live in a risk-free sturdy, ankle-supporting boots. If and whether it is practical. world. Instead of setting policy based Kevlar boots were available and afford- But one of the sections of this bill on a minuscule chance, we must set able, they would not be flexible enough that I am most pleased with is the con- policy that is fair and responsible. to wear in the logging field. On top of gressional review. I have been calling The American public wants change in this, the regulations charge the em- for this since I arrived in the Senate. our process of setting public policy. ployer with the responsibility of assur- We pass laws here—that is our job. And Supporting the Dole-Johnston sub- ing that every employee has the proper then we leave it up to the agencies to stitute will reduce the overall regu- boots, wears them and the employer write the rules and regulations. But we latory burden, without harming public must inspect them at the beginning of never get to review the final product. health or food safety. each shift to make sure they are in So, the law we pass and the rules en- Mr. BURNS addressed the Chair. good condition. forced may be completely different. The PRESIDING OFFICER (Mr. Add to this the new requirement that They may not be what we intended at ABRAHAM). Who yields time? the employer is now responsible for in- all. Mr. HATCH. How much time do we specting any vehicle used off public S. 343 requires the regulating author- have on this side? roads at logging work sites to guaran- ity to submit a report to the Congress, The PRESIDING OFFICER. Six min- tee that the vehicle is in serviceable spelling out the rule, making available utes. condition—and the employer may as the cost—benefit analysis, and allow- Mr. HATCH. I yield 5 of those 6 min- well spend all his time as a watch dog. ing the committees with jurisdiction to utes to the distinguished Senator from Since when is an employer held respon- review the new rules. And we have 60 Montana. sible for the employee’s property? Why days to decide whether the rule follows The PRESIDING OFFICER. The Sen- should they limit this to just loggers? the intent of the law. ator from Montana is recognized. Perhaps OSHA would like to require Now I know some folks are worried Mr. BURNS. Mr. President, I thank the U.S. Senate to ensure all our em- that we will be stifling rules that are the manager of the bill. We are getting ployees are commuting to and from the meant to protect the safety and health short on time. Hill in cars that are serviceable. of children. That will not happen. Show Mr. President, I rise today in support But the regulations are not just bur- me one person who would willingly put of the Comprehensive Regulatory Re- densome, one regulation may even his family’s or his constituent’s health form Act. It has been a long time com- prove hazardous to the logger. They re- at risk. Rules will still be promulgated, ing. quire the lower portion of the opera- regulations will still go into effect, to I am very impressed with the com- tor’s cab to be enclosed with solid ma- protect the safety and health of all of promise that has been worked out and terial to prevent objects from entering us. What we will cut down on is the un- I think Senator DOLE and Senator the cab. Unfortunately, when logging, necessary red tape. JOHNSTON need to be congratulated. you need to see below your cab. One In 1991, the Federal Government is- To begin with, this bill brings some gentleman who testified at my hearing sued 70,000 pages worth of regulations common sense back to Government and said, ‘‘Any rule that would require and in 1992 the Federal Government starts to give some much-needed relief loggers to enclose areas of machines employed over 122,000 regulators. These to businesses all across our Nation. But that operators need to see out of, in are the people responsible for such reg- in Montana, where 98 percent of our order to safely operate the machine, is ulations as the prohibition of making businesses are small businesses, the on- poor logging practice.’’ obscene gestures in a National Forest. slaught of regulations in the past years It became very clear during our pro- These people are responsible for the have been a stranglehold. Regulations ceedings that the OSHA paper pushers regulation requiring outdoorsmen to have a number of effects, two of which who wrote these regulations had never carry with them a bear box, to store are to inhibit growth of a business and felled a tree. They probably had never perishables in while camping—a box to discourage folks from even opening even been at a logging site. And yet, the size of which would require a horse a new business. the regulations written were to be en- to carry. And these regulations are re- There is no doubt that some regula- forced last February. It is only because sponsible for the destruction of private tions are necessary. This bill will not of an outcry by the industry that these property when land owners are prohib- do away with all rules and regulations. are now being reviewed. ited from preventing erosion on their What it will do is require the regulat- But, Mr. President, this is just one land in order to not disturb local bee- ing authority to justify the regulation. example in just one industry. Regula- tles. By requiring the agencies to do certain tions have been published that deal We need to restore common sense to things, such as a cost-benefit analysis, with fall protection on construction Government. That may be a foreign no- we will eliminate those ridiculous rules sites. They almost make me laugh. Re- tion, but its time we try. This bill does that seem to only add to the paperwork quiring employers to have their em- that. or cost of doing business. ployees harnessed if they are higher We passed unfunded mandates. We Let me give you some examples. Ear- than six feet, would cover anyone on passed paperwork reduction. Now let us lier this year I held a field hearing in top of a standard ladder. But they do pass the Comprehensive Regulatory July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9691 Reform Act and give our businesses the available today. They are Kevlar boots. I just love these illustrations. We go relief they so desperately need. Now, if they were here, the majority of to No. 9 in our list of top 10 right now. Mr. President, let me reiterate that I the people could not afford to wear No. 9. Fining a person $5,000 for fill- rise today in support of the Dole-John- them. On top of this, the regulations ing an acre-large glacial pothole and ston substitute. I will tell you why, be- charge the employer with the respon- expanding another acre-large glacial cause I think for the first time maybe sibility in assuring that all of the em- pothole to 2 acres. In addition to fining we bring back some common sense in ployees have proper boots, primarily him, they made him dig out the origi- this business of rulemaking. these boots, and inspect them every nal pothole. I am very supportive of that part of day at the beginning of the shift to No. 8. Prohibiting a couple from pre- this legislation that requires Congress make sure they are in good condition. venting erosion on their property, to look at the final rule before it is Now, add this to the new requirement which, of course, threatened their published in the Register and goes into that the employer is now responsible house, because the Government told effect. I have said ever since I came to for inspecting any privately owned ve- them that it might destroy tiger bee- this body that this is what we have to hicle that you and I drive back and tles. So the tiger beetles were more im- do. For so many times after legislation forth to work for safe condition and portant than the individual property is passed by this Congress, and it is serviceable condition. So what it owners’ house. signed into law by the President, it is meant was that the employer was the No. 7. Requiring elderly residents of a turned over to some faceless people to watchdog. He had to even look at all neighborhood to have to walk to a clus- write the administrative rules. Some- the pickups and cars that you drove to ter mailbox to save time for the letter times those rules look nothing like the work every day. Of course, being in a carrier while admitting in a Postal intent of the legislation. mountain area, that is probably not a Service self-audit that the average let- But I want to talk about something bad idea, but, my goodness, can you ter carrier wastes 1.5 hours per day. today that probably in the rulemaking imagine the cost for the employer just No. 6. Here is one example which I I think becomes very important. to comply? know my friend, Senator MURKOWSKI, Let me repeat that 98 percent of the The PRESIDING OFFICER. The Sen- is familiar with. The use of a bear re- businesses in my State of Montana are ator’s time has expired. pellent was prohibited because it had classified as small business. So we have Mr. BURNS. I rise in support of this not been proven effective in spite of a small business part in this piece of amendment. And I appreciate what is the fact that Alaskan residents have legislation to look into those things. trying to be done here. We realize that successfully fended off bear attacks There is no doubt in my mind that some rules and regulations are nec- with it many times. some regulations are necessary. No- essary. No. 5. Admonishing the Turner body in business today, and especially I yield the floor. Broadcasting System for showing 15 those who have a very close relation- The PRESIDING OFFICER. Who seconds too many commercials during ship with working men and women and yields time? a January 14, 1992 broadcast of Tom their families, wants to have an unsafe Mr. GLENN. I suggest the absence of and Jerry’s Funhouse. I will hurry workplace. It just does not make good a quorum. since I see that the minority leader is sense. For sure it is not good business The PRESIDING OFFICER. The here. to have an unsafe workplace. clerk will call the roll. No. 4. Prohibiting the construction of This bill will not do away with all of The bill clerk proceeded to call the levees for rice production in spite of those rules and regulations. But the roll. the fact that it would have increased regulating authorities have to justify Mr. HATCH. Mr. President, I ask the amount of wetlands. the regulation by requiring the agen- unanimous consent that the order for No. 3. Prosecuting a company for cies to do certain things, such as cost- the quorum call be rescinded. ‘‘conspiring to knowingly transport benefit analysis. It will eliminate some The PRESIDING OFFICER. Without hazardous waste’’ because the waste of those ridiculous rules that seem to objection, it is so ordered. water the company discharged con- only add to paperwork and the cost of The Chair advises the Senator from tained .0003 percent of methylene chlo- doing business. And they do very little Utah he has 37 seconds remaining. ride. I might add that decaffeinated to improve a safe workplace. Mr. HATCH. Could I ask my col- coffee has a higher percentage. Earlier this year, I held a field hear- league for a few more minutes? No. 2. Attempting to fine a company ing in Kalispell, MT, with regard to Mr. GLENN. I yield 5 minutes. over $46,000 because they underpaid new regulations written for logging op- The PRESIDING OFFICER. The Sen- their multimillion dollars tax bill by 10 erations in our part of the country. ator from Utah. cents. Let us just take a second and think They range from the silly to the im- Mr. HATCH. Mr. President, I appreciate my colleague doing that because about this No. 1, the silliest of all. practical and sometimes downright No. 1. Fining a poor electrician $600 I strongly support, as I think most outrageous. because someone else left an extension Let me give you an example. One of every Senator will, the Dole amend- cord on the job. the regulations required a health care ment. I agree with Senator DOLE; it is Well, this is my third list of top 10 provider to inspect and approve first time to put these myths to bed and silly regulations. I suspect it is a aid kits on logging sites once a year. these conjured-up illustrations that never-ending list, but I will endeavor That is a health care provider. That is some of the far left have been trying to to try to bring a few to our attention not somebody within the company pass on to the media and to an every day just to show why this bill is going by every now and again and look- unsuspecting media, I have to say, be- so important in what we are fighting ing at the first aid kit to make sure all cause I personally do not believe these for. of the items are in there. That is just media writers are literally going to I yield the floor. common sense. We do not need rules just distort this the way they have Mr. DASCHLE addressed the Chair. for that. I tell you what the rule was without being fed the wrong material. The PRESIDING OFFICER. The created for. If your health care pro- So hopefully this will end some of Democratic leader. vider did not go and look at it, then these outrageous articles that literally Mr. DASCHLE. Mr. President, the de- that is the place for a fine. Back in are not based on fact and in fact are bate that has been taking place all day 1990, I think we set up the reauthoriza- downright untruthful. today on the impact of this bill on food tion of OSHA a little bit differently; in I cannot wait until tomorrow to safety and specifically its impact on the tax bill we handled it a little dif- bring up my next top 10 silly regula- the Department of Agriculture’s pro- ferently. That is probably not meeting tions. Let me start with 10. posed rule to require science-based haz- with great open arms in the public No. 10. Trespassing on private land ard analysis and critical control point now. and seizing a man’s truck on the claim or HACCP systems in meat and poultry Another regulation required loggers that he poisoned eagles even though plants is really very important. to wear a certain footwear protection the Federal Government had no evi- Secretary Glickman sent a letter this that was not even available and is not dence that he did so. morning to the majority leader and to S 9692 CONGRESSIONAL RECORD — SENATE July 11, 1995 me expressing his strong opposition to tions a couple of years ago. To provide Mr. JOHNSTON. Will the Senator S. 343 because it would unnecessarily consumers with information on how to yield? delay USDA’s food safety reform, avoid foodborne illness from pathogens Mr. DASCHLE. Yes. among other things. I believe Senator like E. coli and salmonella, the USDA Mr. JOHNSTON. I had three com- GLENN has submitted the letter for the issued emergency recommendations ments with respect to the Secretary’s record. providing safe handling labels on meat letter. First of all, his comments about The letter explains that the peer re- and poultry products. These safe han- peer review. view requirement in S. 343 will delay dling regulations were issued without Mr. DASCHLE: I would be happy the USDA’s food safety reform by at least notice and comment. The USDA was yield for a question. 6 months. As I read this bill and Sec- sued and lost and had to go through the Mr. JOHNSTON. Yes. First of all, are retary Glickman’s letter, the bill re- rulemaking process before labels could you aware that the Glenn substitute quires that risk assessments underly- be required. The result, then, of that has peer review in it of an even strong- ing both proposed and final regulations emergency provision was delay. er variety than is contained in S. 343? be peer reviewed prior to becoming In addition to the opportunities that Mr. DASCHLE. Well, I think that is final. And there has been a good discus- this bill would create for litigation— subject to some dispute. I understand sion about the applications of peer re- and which are not addressed by the that we have attempted to clarify the view this afternoon. In other words, be- Dole amendment—the bill also affords language and have found a way to ad- fore USDA can issue a final regulation opportunities for those opposed to dress the concerns raised by the Sec- reforming our meat and poultry inspec- these rules to challenge them through retary. tion systems—a regulation that has the petition process. So even if we Mr. JOHNSTON. I would submit to been in the works for more than 2 managed to get the rule released from my dear friend—— years and is based on more than 10 USDA without delay—something that Mr. DASCHLE. I think the Secretary years’ of reform efforts—S. 343 would again would not be guaranteed by the would find the language in the Glenn require that the final rule be peer re- Dole amendment—the rule could be substitute much more to his liking viewed. According to Secretary Glick- challenged on the basis that it does not than the Dole amendment. man, this peer review requirement meet the decisional criteria in the bill Mr. JOHNSTON. With all due re- would result in a 6-month delay in this and should therefore be weakened or spect, I would ask my friend to look at essential food safety reform. The Dole could be subject to petitions calling for the provisions. The only difference in amendment does not address this un- a repeal of the rule under the so-called the peer review in the Glenn substitute necessary delay. As an initial matter, lookback authority. and in our peer review is that we do the amendment applies only to the In short, there are numerous hurdles permit informal peer review panels cost-benefit subchapter of S. 343. As I that are created by this bill which ef- whereas the Glenn substitute does not. explained earlier, the delay that S. 343 fectively can be used to delay or pre- In other words, it is more stringent. would impose is the result of the peer vent the issuance of these important Mr. DASCHLE. If I could just respond review requirements. So the amend- rules or lead to their repeal. That is to the Senator. If the Secretary would ment really does nothing in this re- unacceptable. find that the Glenn amendment is not gard. Food safety reform is essential not as acceptable as he would like it to be, Even if the amendment were changed only to provide American consumers I am sure we could accommodate the to apply to the risk assessment and with safer food, but also to ensure that Secretary’s concerns here, just as we peer review requirements, the amend- American agricultural producers have are doing with the pending bill. ment still would not address the unnec- a strong market for their products. I Mr. JOHNSTON. All right. essary delay that S. 343 would impose. understand the concerns that many in Mr. DASCHLE. The pending bill obvi- Consumers and agricultural producers the agriculture community have with ously is the bill before us. We have to should not be asked to delay these es- USDA’s proposed reform. clarify that prior to the time we even sential reforms—reforms the entire ag- However, I was the chairman of the have an opportunity to get to other riculture and consumer communities subcommittee that first conducted the amendments and the substitute. So, have been calling for now for several hearings on the tragic outbreak in 1993 clearly that is what I think most of us years. and have held numerous followup hear- would like to do. And to address the First, the Dole amendment simply ings in which the industry, producers, Secretary’s concerns, let us address adds food safety to the list of reasons and consumers have all repeatedly them. We may not have to address the an agency could declare an emergency called for reforming and modernizing language in the Glenn amendment or and bypass the cost-benefit require- the meat and poultry inspection sys- anything else. I think that is the issue. ments of the bill. But the bill already tem. We can ill afford to delay these Can we clarify the Dole amendment contains an emergency exemption to long-needed reforms. Yet that is pre- adequately enough to ensure that his protect health. I believe a food safety cisely the outcome that will result concerns are addressed and that we do emergency is by definition a health under this bill even if this body adopts not further encumber those efforts by emergency. People get sick from un- the current language in the Dole the Department of Agriculture to pro- safe food. So an agency acting to pre- amendment. mulgate these regulations in a timely vent or address a food safety threat So, as my colleagues consider this manner? would be acting to protect health. amendment, I want there to be no mis- Mr. JOHNSTON. Is my friend aware Even if the amendment does expand take about its effect. It is a harmless of, on page 49 of the Dole-Johnston the scope of emergency by including provision, one I support, but it will not amendment, where it explicitly says, food safety, I do not believe that it will fix the problem. It will do nothing to ‘‘This subchapter shall not apply to alleviate the unnecessary delay that avoid the delay that the bill will re- risk assessment performed with respect the bill would impose on USDA food quire in the USDA’s food safety pro- to—’’ you go down to ‘‘(C), a human safety reform. posal. health, safety or environmental inspec- USDA published the proposed rule in Later in this debate, I will offer an tion, an action enforcing a statutory February of this year with a 120-day amendment to fix the problem. My provision, rule, or permit or an individ- comment period. The USDA also ex- amendment—in no uncertain terms— ual facility or site permitting action, tended the comment period at the re- will ensure that this bill cannot be except to the extent provided’’? quest of a large number of commenters. used by those who would oppose efforts In other words, it exempts the human Given this excessive comment period, to improve food safety to prevent, health, safety or environment inspec- if the USDA suddenly declared an ex- delay the issuance of, or repeal the De- tion from the risk assessment. emption to avoid the peer review delay, partment of Agriculture meat inspec- Moreover, was my friend aware that it would be opening itself to litigation tion regulations regarding the E. coli. under subsection (f) on page 25: and, unfortunately, greater delay. That seems to me to be the right objec- A major rule may be adopted and may be- I would also note that USDA at- tive and one which I hope every Mem- come effective without prior compliance tempted to publish food safety regula- ber of this body will support. with the subchapter if—(A) the agency for July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9693 good cause finds that conducting cost-benefit basis on which to satisfy the Secretary Lugar Packwood Simon analysis is impractical due to an emergency and everybody else. Mack Pell Simpson or health safety threat that is likely to re- McCain Pressler Smith Mr. DASCHLE. I think the Senator McConnell Pryor Snowe sult in significant harm to the public or nat- Mikulski Reid Specter ural resources . . .? would be wise to do so. I think, again, it confirms that there is a lack of clari- Moseley-Braun Robb Stevens Moynihan Rockefeller Thomas So, in other words, my question is, is fication, there is uncertainty, enough my friend—indeed, is the Secretary— Murkowski Roth Thompson so that the Secretary has seen fit to Murray Santorum Thurmond aware that, first of all, inspections are send a letter to express his concerns. I Nickles Sarbanes Warner exempt and, second, that you can go hope that we can clarify this issue and Nunn Shelby Wellstone ahead and do a rule without either alter the provisions of the bill in what- NOT VOTING—1 cost-benefit analysis or a risk assess- ever ways may be necessary. I do not Bond ment if there is a threat to health or think we ought to minimize those con- So the amendment (No. 1493) was safety? cerns or the problems of the Secretary Mr. DASCHLE. Let me respond to agreed to. with regard to the issue before us right Mr. DOLE addressed the Chair. the distinguished Senator, my friend now. Food safety is one of our greatest The PRESIDING OFFICER. The ma- from Louisiana, in this manner. The concerns, and we have to ensure that jority leader. Secretary has examined the language we do not undermine the confidence of Mr. DOLE. Is leader time reserved? to which you refer. And it is the Sec- the American people in our food supply The PRESIDING OFFICER. The lead- retary’s view that it falls far short of as we address the need for regulatory er time was reserved. his standards and the expectations that reform. That is all we are trying to Mr. DOLE. I ask that I might use my he would apply to his own ability to do—ensure that we accomplish regu- leader time. address food safety. It is his view that latory reform in a meaningful way, a The PRESIDING OFFICER. The ma- this provision and many of the other comprehensive way, but do it in a way jority leader is recognized. provisions that the Senator has ad- that does not encumber the Secretary’s f dressed in the language of the legisla- efforts to provide a better system of tion is deficient. What the Secretary is ensuring food safety than we have THOUSANDS OF BOSNIANS FLEE simply saying is that unless we correct right now. Mr. DOLE. Mr. President, just a these deficiencies, his efforts to assure I yield the floor. short while ago, CNN reported that the adequate standards and adequate con- Mr. HATCH. Mr. President, I think so-called U.N. safe area of Srebrenica fidence in our food safety system will the Secretary should read the bill and had fallen—Bosnian Serb tanks have be severely undermined. They are not the comments of Senator JOHNSTON, reached the town center and thousands my words. Those are the words of the because they are completely different of the 40,000 Bosnians in the enclave Secretary himself. But the Secretary is from what he said in his letter. have begun to flee. saying that if we—— I ask for the yeas and nays on the The main argument made by the ad- Mr. JOHNSTON. They are the Sec- ministration in opposition to with- retary’s words. amendment. The PRESIDING OFFICER. Is there a drawing the U.N. forces and lifting the Mr. DASCHLE. If I could again re- arms embargo on Bosnia was that such confirm that unless we address a num- sufficient second? There is a sufficient second. action would result in the enclaves ber of these issues, the Secretary him- falling and would lead to a humani- The yeas and nays were ordered. self has indicated that it presents some tarian disaster. Well, that disaster has serious problems for him, and he would VOTE ON AMENDMENT NO. 1493 occurred today—on the U.N.’s watch, advise we either amend the legislation The PRESIDING OFFICER. All time with NATO planes overhead. or support an alternative. for debate has expired, and the Senate If it was not before, it should now be So I am hopeful that whether it is will proceed to vote on agreeing to perfectly clear that the U.N. operation through an amendment, as I will be amendment No. 1493 offered by the main Bosnia is a failure. Once again, be- proposing later on, or through an alter- jority leader. The yeas and nays have cause of U.N. hesitation and weakness native draft, as the Senator from Ohio been ordered. The clerk will call the we see too little NATO action, too late. is proposing, we will be able to address roll. Two Serb tanks were hit by NATO it in a meaningful way. The assistant legislative clerk called planes today—hardly enough to stop an Again, I would like to address it the roll. all-out assault that began days ago. As through amendments that we will be Mr. LOTT. I announce that the Sen- a result, in addition to thousands of offering, but whether it is through ator from Missouri [Mr. BOND] is nec- refugees, the lives of brave Dutch amendments or in some manner, I essarily absent. peacekeepers are in serious danger. think the deficiencies outlined by the The PRESIDING OFFICER. Are there Mr. President, there can be no doubt, Secretary ought to be of concern to ev- any other Senators in the Chamber de- the U.N.-designated safe areas are safe erybody. It is in our interest and I siring to vote? only for Serb aggression. What will it think in the country’s interest to try The result was announced—yeas 99, take for the administration and others to do a better job of addressing the nays 0, as follows: to declare this U.N. mission a failure? concerns than we have right now. [Rollcall Vote No. 299 Leg.] Will all six safe areas have to be over- Mr. JOHNSTON. One final short YEAS—99 run first? question. I ask my friend to read the It is time to end this farce. It is time Secretary’s letter. It pertains only to Abraham Craig Hatch Akaka D’Amato Hatfield to let the Bosnians do what the United risk assessment, which, as I say, is con- Ashcroft Daschle Heflin Nations is unwilling to do for them. tained in the Glenn-Daschle bill. That Baucus DeWine Helms The Bosnians are willing to defend is all he talks about. He does not talk Bennett Dodd Hollings themselves—it is up to us to make Biden Dole Hutchison about the exception. I invite you and Bingaman Domenici Inhofe them able by lifting the arms embargo. the principal author of the alternative Boxer Dorgan Inouye Mr. President, I have just been on the to read your own bill, and I invite the Bradley Exon Jeffords telephone with the Prime Minister of Breaux Faircloth Johnston Secretary to read the exceptions, be- Bosnia, along with Senator LIEBERMAN, Brown Feingold Kassebaum cause they except from the operation Bryan Feinstein Kempthorne Prime Minister Silajdzic in Sarajevo. of risk assessment these inspections. Bumpers Ford Kennedy He was giving us the latest conditions At an appropriate time, I will be of- Burns Frist Kerrey in Srebrenica, one of the safe havens, Byrd Glenn Kerry fering an amendment to exempt all Campbell Gorton Kohl where 40,000 men, women, and children regulations where notice of proposed Chafee Graham Kyl are now fleeing Serb aggression. He regulation was commenced prior to Coats Gramm Lautenberg also indicates that other safe havens July 1, 1995, because I think there is a Cochran Grams Leahy are under attack, or threatened attack. Cohen Grassley Levin problem going back and looking at Conrad Gregg Lieberman It seems to me that if there was ever that, and maybe that will give us a Coverdell Harkin Lott a moment when we ought to have a S 9694 CONGRESSIONAL RECORD — SENATE July 11, 1995 unanimous vote in this Chamber, it will provide a clear message that the Amer- Vietnam willfully withholding infor- ought to be when we take up the reso- ican people do not want to deprive the people mation which could resolve the fate of lution to lift the arms embargo. I do of Bosnia and Herzegovina of the right to de- many Americans lost in the war. not know how many times it has been fend themselves against aggression and geno- On Veterans Day in 1992, President- cide. on the floor, how many votes we have Sincerely, elect Clinton stated, ‘‘There will be no had. We have had strong bipartisan DR. HARRIS SILAJDZIC, normalization of relations with any na- support. And, in my view, I think it is Prime Minister. tion that is at all suspected of with- growing. Mr. DOLE. I will conclude by saying holding any information.’’ That was I am not asking about committing we have always had the argument that President-elect Clinton’s standard. The American troops. We are talking about if we lifted the arms embargo, it would standard was not simply cooperation. giving these poor people who are being result in the fall of these enclaves, The standard was not simply allow- killed by the dozens every day a chance these safe havens, and that would lead ing field operations. The 1992 standard to defend themselves by lifting the to humanitarian disaster. That argu- was at all suspected of withholding any arms embargo, which they have a right ment is gone today because it has been information. No normalization if there to do as a member of the United Na- overrun by the Serbs. Forty-thousand is any suspicion of any withholding of tions, an independent nation under ar- people are fleeing, and other safe ha- any information. By 1994, the standard ticle 51 of the U.N. Charter. vens are being attacked. So that argu- has clearly changed from suspected of The right of self-defense is an inher- ment is gone. withholding information to selective ent right, in my view. We deny them It ought to be perfectly clear that cooperation. As I said yesterday on the that right by not lifting the arms em- the U.N. operation is a failure. Once Senate floor at about this same time, if bargo. again, because of U.N. hesitation and President Clinton was unable to state I said before, the U.N. mission is a weakness, we see too little NATO ac- unequivocally that Vietnam had done failure. I commend the courage of the tion too late. Two Serb tanks were hit all it could do, it would be a strategic, U.N. protection forces there. But it by NATO planes, hardly enough to stop diplomatic, and moral mistake to seems to me that the policy is not the all-out assault that began days begin business as usual with Vietnam. going to change. They have had little President Clinton has made his deci- ago. As a result, the lives of thousands pin pricks and they called them air sion today. Congress has no say in this of refugees and of the brave Dutch strikes. They knocked out two tanks. decision. In the coming weeks and peacekeepers are in serious danger. The That was the effort by NATO. Accord- months, Congress will monitor the safe areas are safe only for Serb aggres- ing to the Prime Minister, the U.N. progress of relations with Vietnam. sion. They are not safe for anybody representative, Mr. Akashi, waited Our role will not be passive. Congress else—not for the poor Moslems who are until it was too late for the air strikes must approve any additional funds for there, not for the peacekeepers, or the to have any impact. United States diplomatic operations in U.N. Protection Forces. They are being So we hope to work in a very biparti- Vietnam. The Senate must confirm any taken hostage again. san way—or a nonpartisan way, better U.S. Ambassador to Vietnam. Any fur- So what will it take for our Govern- yet—on this issue in the next week. ther improvement in relations will re- ment and other governments to declare I ask unanimous consent that a fax quire action by Congress—granting of this U.N. mission a failure? Will all six just received in the last hour from the most-favored-nation status or begin- areas have to be overrun? Maybe it will Republic of Bosnia and Herzegovina, ning any operations by the Export-Im- take that much. from the Government’s prime minister, port Bank, the Overseas Private In- So it is the view of many of us—and Mr. Silajdzic, be printed in the RECORD. vestment Corporation, or the Trade this is not partisan —that it is time to There being no objection, the letter and Development Agency. was ordered to be printed in the end this farce and let the Bosnians do President Clinton said today that we what the United Nations is unwilling RECORD, as follows: should look to the future. I agree that to do for them. The Bosnians are will- THE REPUBLIC OF BOSNIA AND we should look to the future, and ex- ing to defend themselves. In fact, this HERZEGOVINA, amine future Vietnamese cooperation July 11, 1995. letter says that it is up to us to make on POW/MIA issues, as well their Hon. ROBER DOLE, them able by lifting the arms embargo. record on human rights in the after- Majority Leader, U.S. Senate, Washington, DC. This letter says it is essential that the math of today’s announcement. But as DEAR SENATOR DOLE: Today, the United elected representatives of the Amer- we look to the future we should not Nations allowed the Serb terrorists to over- ican people immediately pass a bill to run the demilitarized ‘‘safe area’’ of and will not forget the past—especially lift the arms embargo. This will pro- the importance of doing all we can to Srebrenica. Helpless civilians in this area vide a clear message that the American are exposed to massacre and genocide. Once resolve the fate of those Americans people do not want to deprive the peo- and for all, these events demonstrate conclu- who made the ultimate sacrifice in sively that the United Nations and the inter- ple of Bosnia and Herzegovina of the Vietnam. national community are participating in right to defend themselves against ag- Mr. President, I yield the remainder genocide against the people of Bosnia and gression and genocide and possible of my leader time to the distinguished Herzegovina. massacre of thousands of civilians. The strongest argument of the opponents Senator from North Carolina. f of the lifting of the arms embargo toppled Mr. HELMS addressed the Chair. The PRESIDING OFFICER. The Sen- today in Srebrenica. They claimed that the NORMALIZATION WITH VIETNAM lifting the arms embargo would endanger the ator from North Carolina. safety of the safe areas. The people in Mr. DOLE. Mr. President, as antici- Mr. HELMS. I thank the Chair. Srebrenica are exposed to massacre precisely pated today, President Clinton, in a The PRESIDING OFFICER. The Sen- because they did not have weapons to defend ceremony at the White House, an- ator from North Carolina is recognized themselves, and because the United Nations nounced that he was taking steps to for 3 minutes. did not want to protect them. Attacks are normalize U.S. diplomatic relations Mr. HELMS. Three minutes. Well, I also under way against the other safe areas with the Socialist Republic of Viet- will make haste, then. in Bosnia and Herzegovina. That is why we think it is extremely im- nam. I thank the distinguished majority portant that the American Senate votes to In his statement, President Clinton leader. lift the arms embargo on the legitimate Gov- cited progress in POW/MIA coopera- f ernment of Bosnia and Herzegovina. tion. But, unfortunately the President If the Government of the United States of did not address the central issue, and DIPLOMATIC RELATIONS WITH America claims that it has no vital interests that is, does Vietnam continue to with- COMMUNIST VIETNAM in Bosnia, why then does it support the arms hold information and remains which Mr. HELMS. Mr. President, President embargo and risk being associated with genocide in Bosnia and Herzegovina? could easily be provided? Clinton’s announcement today that the It is essential that the elected representa- The President ignored this question United States will establish full diplo- tives of the American people immediately in announcing his decision, for the very matic relations with Communist Viet- pass the bill to life the arms embargo. This good reason that all signs point to nam, is a mistake, in my judgment, of July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9695 the highest order. It is not timely yet. even gain admission to the United Na- Mr. GLENN. Mr. President, I suggest Vietnam has not earned recognition. tions, and practically had to be forced the absence of a quorum. While the U.S. Constitution stipu- by Congress to issue a visa to Taiwan’s Mr. DOLE. Mr. President, will the lates that the President is solely re- democratically elected President for a Senator withhold? I think there is still sponsible for sending and receiving private United States visit, they are some unfinished business with ref- Ambassadors, Congress has the power enthusiastically conferring full diplo- erence to the last amendment there, of the purse. I fully support the able matic recognition on Vietnam’s recal- under the consent agreement. majority leader, Mr. DOLE, and the dis- citrant Communist dictatorship. What AMENDMENT NO. 1492 tinguished Senator from New Hamp- kind of message does that send about The PRESIDING OFFICER. Under shire, Mr. SMITH, in their efforts to ex- our Nation’s priorities? the previous order, amendment No. 1492 ercise that power by withholding fund- If the President insists on going is agreed to. ing for this normalization until all through with the normalization of rela- The amendment (No. 1492) was agreed American POW’s are fully accounted tions, I can only say this: as chairman to. of the committee that confirms ambas- for. AMENDMENTS NOS. 1494 AND 1495 WITHDRAWN sadorial nominations, it’s going to be a Mr. President, Congress has the ines- The PRESIDING OFFICER. Under capable responsibility to weigh in on tough road to confirmation for nay am- bassadorial nominee to Vietnam before the previous order, amendments 1494 this decision if we believe President and 1495 are withdrawn. Clinton is wrong. And I believe him to the Vietnamese have accounted for the be terribly wrong. unresolved POW–MIA cases. The amendments (Nos. 1494 and 1495) The President has not yet fulfilled As long as Vietnam remains an unre- were withdrawn. his commitments to resolve the POW/ pentant Communist dictatorship, as AMENDMENT NO. 1496 TO AMENDMENT NO. 1487 MIA issue. The Vietnamese know much long as they refuse to provide all infor- (Purpose: To clarify that the bill does not more than they are telling us about the mation they have about missing Amer- contain a supermandate) fate of our missing American POW/ ican servicemen, the United States Mr. DOLE. Mr. President, on behalf MIA’s. Yet, despite the $100 million we should not reward their leaders by wel- of myself, Senator LEVIN, Senator paid the Vietnamese Government each coming them into the community of HATCH, Senator ROTH, and Senator year to assist our Government in inves- friendly nations. JOHNSTON, I send an amendment to the tigating those POW and MIA cases, the The President’s announcement today desk and ask for its immediate consid- Vietnamese still renege on giving us a is just the first step of many. The ad- eration. full accounting. Until the Vietnamese ministration will have to approach The PRESIDING OFFICER. The give us the full accounting of all miss- Congress to discuss the conferral of clerk will report. ing American servicemen, it makes no benefits such as MFN, GSP, or OPIC in- The legislative clerk read as follows: surance. Those will be a matter of sense whatsoever to confer upon them The Senator from Kansas [Mr. DOLE] for the honor of U.S. recognition. great debate here in Congress and there himself, Mr. LEVIN, Mr. JOHNSTON, Mr. ROTH, The President insists that normaliza- is no reason for us to move on those and Mr. HATCH, proposes an amendment tion of relations will result in the Unit- until the Vietnamese have earned it. numbered 1496 to amendment No. 1487. ed States gaining more access to the We should take the Vietnamese Gov- On page 35, line 10, delete lines 10–13 and insert in lieu thereof: ‘‘(A) CONSTRUCTION Vietnamese Government—the more di- ernment for what it is: a Communist one. It should continue to be treated as WITH OTHER LAWS.—The requirements of this alog, he argues, the faster they will section shall supplement, and not supersede, move toward democracy. The trouble such until it makes true political reform by establishing a legal code and any other decisional criteria otherwise pro- with this spurious argument is that it vided by law. Nothing in this section shall be has been used in Washington to justify respect for the general human rights of construed to override any statutory require- United States accommodation of Red all Vietnamese citizens as individuals, ment, including health, safety, and environ- rather than merely supporters of the China—and just take a look at where mental requirements.’’ State. that policy has gotten us. Mr. DOLE. Mr. President, let me in- Vietnam has a long way to go if it The Chinese have certainly moved to- dicate to my colleagues, because I wants to reestablish its position in the ward a greater opening of their econ- know a lot of people are wondering international community. We should omy—foreigners can not invest fast about the balance of the evening, we not put the cart before the horse and enough, and China is taking in dollars are trying to find an additional amend- extend them U.S. recognition before hand over fist. But what has China sac- ment or two we can bring up tonight they have earned it. and have votes on. rificed for all that Western hard cur- I yield the floor. rency? Has our policy of engagement Mr. DOLE. Mr. President, I suggest Again, let me indicate it is not very persuaded the Chinese Communists to the absence of a quorum. long to when the August recess is sup- adopt any democratic reforms whatso- The PRESIDING OFFICER. The posed to start. We would like to get ever? clerk will call the roll. some of this work done. So I think it is No, to the contrary, the Chinese lead- The legislative clerk proceeded to incumbent on all of us, if we can maybe ership is today more hard line and au- call the roll. have the Johnston amendment on thoritarian than it has been since Mr. GLENN. Mr. President, I ask thresholds offered and voted on to- Mao’s Cultural Revolution. Today, unanimous consent that the order for night? The $50 to $100 million? China is once again rounding up dis- the quorum call be rescinded. Mr. JOHNSTON. Yes. We have that sidents; they are using prison slave The PRESIDING OFFICER (Mr. GOR- ready. We can put that in. labor to create products for export TON). Without objection, it is so or- Mr. DOLE. You will do that this abroad; they are executing prisoners on dered. evening? demand to sell their organs to wealthy f Mr. JOHNSTON. We can do that. foreigners; and they are enforcing a Mr. DOLE. Mr. President, I think brutal forced abortion policy that has COMPREHENSIVE REGULATORY this amendment will be accepted. Let resulted in the mass execution of mil- REFORM ACT me just say for the record here, there is lions of Chinese children. Clearly Unit- The Senate continued with the con- an effort to try to work these things ed States recognition and engagement sideration of the bill. out on a bipartisan basis. We have had of Red China hasn’t bought us any in- PRIVILEGE OF THE FLOOR some success in this area. I thank the fluence with the Communist thugs in Mr. GLENN. Mr. President, I ask Senator from Michigan for his coopera- Beijing. If anyone doubts this, just ask unanimous consent that Carolyn Clark, tion. I think it does answer some of the Harry Wu how much the Communist a fellow on Senator PAUL WELLSTONE’s questions that some have raised, legiti- regime there values our opinion. staff, be granted the privilege of the mate questions. We have tried to ad- I think it is a disgrace that, at the floor during the debate and vote on S. dress legitimate questions as we did in same time this administration refuses 334, regulatory reform bill. the last amendment, though I do not to support the efforts of Taiwan—a The PRESIDING OFFICER. Without think the amendment was necessary— friendly, free market democracy—to objection, it is so ordered. nor, for that matter, that this one is S 9696 CONGRESSIONAL RECORD — SENATE July 11, 1995 necessary. But if it helps to move the For those who have suggested that a useful way. That is the reason why bill along, obviously we are prepared to we seek the same objective, it appears the amendment does make a contribu- do that. that the problem is one of interpreting tion to further progress on the bill. Mr. President, opponents of S. 343, the current language—they have sug- This amendment makes it clear that the regulatory reform bill, have repeat- gested that it would be more clear to if, with respect to any action to be edly expressed concern that it would state clearly that S. 343 does not over- taken by a Federal agency, including override existing laws providing for ride existing laws. actions to protect human health, safe- protection of health, safety, and the In my view, there is no reason not to ty, and the environment, it is not pos- environment. They have made this ar- reemphasize as clearly as possible what gument despite the fact that the bill the bill does not does not do. There- sible for the agency to comply with the clearly states that its requirements fore, Mr. President, I offer an amend- decisional criteria of this section and ‘‘supplement and do not supersede’’ re- ment making clear that the require- the decisional criteria provisions of quirements in existing law. ments of S. 343 are not intended to other law—as interpreted by court de- They have made this argument de- ‘‘override any express statutory re- cisions—the provisions of this section spite the fact that every sponsor of S. quirements, including health, safety or shall not apply to the action. 343 has insisted that its provisions do environmental requirements.’’ I have expressed my concern about not override requirements of existing This is an effort to remove any per- this issue to the sponsors for several law. ceived confusion or murkiness in the weeks now. I am concerned that there It is ironic that this language is simi- former language, and I urge adoption of may be situations where the statute lar to language in other statutes, and this amendment. which is the basis for the issuance of a no one seems to have had difficulty un- The PRESIDING OFFICER. The Sen- regulation may conflict or be incon- derstanding the plain meaning of the ator from Ohio. sistent with the requirements of the Mr. GLENN. Mr. President, the ma- phrase before. As I stated yesterday, I decisional criteria in section 624. The jority leader was correct. We have do not for 1 minute really believe that sponsors say they believe that is not checked on our side of the aisle. We Ralph Nader or President Clinton’s possible because of the way section 624 staff are unaware of the language in will be glad to accept this amendment. I do not know whether there will be is drafted. I have not shared their con- our bill. But it apparently is inconven- fidence in that belief, but this amend- ient to focus on the facts—that tends other amendments to perfect this same idea here a little bit further on or not, ment makes that now clear. Where to get in the way of demonizing the bill there is an inconsistency or a conflict and its supporters. but I think this is acceptable. I would between the lawful requirements of the Mr. President, I, and the Senator be glad to accept it on behalf of our statute that is the basis for the regu- from Louisiana, Senator JOHNSTON, and side. every other supporter who has spoken The PRESIDING OFFICER. The Sen- latory action and the requirements of has made crystal clear that what we ator from Utah. this section, the requirements of the seek to achieve with this legislation is Mr. HATCH. Mr. President, I think statute that is the basis for the regu- that cost-benefit criteria are put on an this is just another illustration of how latory action govern or control. equal footing with requirements of ex- we have been trying to work together This amendment ensures that the re- isting law, where that is permitted by to try to resolve any conflicts on this quirements of the Clean Air Act, the existing law. We do not seek to trump bill. There have been over a hundred Clean Water Act, the Safe Drinking health, safety, and environmental cri- changes in the bill that we have done Water Act, and other important envi- teria. through our negotiations with col- ronmental and health and safety laws Many opponents, in the guise of criti- leagues on both sides of the aisle. We are not altered by the decisional cri- just appreciate the cooperation of Sen- cizing what they call a supermandate, teria contained in section 624. When really want a supermandate in the op- ators on both sides in doing this. We are prepared to accept the amend- push comes to shove, the underlying posite direction. That is, they want regulatory statutes are primary. any perceived conflict between an ex- ment as well. The PRESIDING OFFICER. Is there isting statute and considerations of I welcome this amendment and think further debate on the Dole amend- cost resolved in a way that would effec- it does improve the bill, but I want to ment? The Senator from Louisiana. tively deprive a cost-benefit analysis of be clear that this is but one problem I Mr. JOHNSTON. Mr. President, I any real meaning. There are times, as have with the decisional criteria provi- would simply like to thank Senator I have said—and the bill says—that sions of section 624. Other amendments LEVIN, Senator BIDEN, Senator GLENN, such a result is appropriate. But it can- are necessary in order to make this and others who have taken part in de- not be appropriate in all instances. particular section acceptable, and we bate on this. They have identified the Otherwise, what the opponents are will be proposing those as the debate problem in very specific terms. This really saying is that the tremendous on this bill progresses. amendment deals fully and completely, costs to the American family—about in my view, with the question of the Mr. President, let me also add on $6,000 a year—are an irrelevant consid- supermandate which is now laid to that note that I hope that the sponsors eration. rest. of the Dole-Johnston amendment Well, I do not think it is an irrele- There is no—N-O, none—super- would address the document which has vant consideration to the American mandate in this bill. It is made abso- now been submitted to them as of family. I do not think it is irrelevant lutely crystal clear and repeated again about 10 days ago, which specifies ap- to the American small or medium-sized in this amendment. proximately 9 major issues and 23 business struggling to survive. I congratulate all concerned for get- smaller issues that a number of us have And it should not be irrelevant to us. ting it worked out and making it clear. with particular language in the Dole- So, I reject such an extreme ap- The PRESIDING OFFICER. Is there Johnston alternative. The Senator proach. Other opponents however, in- further debate on the amendment? from Utah had requested that docu- sist that they want the same thing as Mr. LEVIN addressed the Chair. ment when we were involved in discus- we do—that is, a level playing field The PRESIDING OFFICER. The Sen- sions on the bill. It has been submitted where considerations of cost are just ator from Michigan. as of about 10 days ago. I hope there one part of the agency decisionmaking Mr. LEVIN. Mr. President, many ob- could be a response, because, even process, no less and no more important servers and many of us have viewed though this amendment does address than the requirements of existing law. this bill as having a serious problem, part of one of those issues, there are Where Congress has already spoken and which is raising the possibility that many other issues which I think a bi- stated a policy judgment that consider- there is an inconsistency between what partisan effort could address and make ations of cost are not appropriate, that this bill requires and what other laws some progress on. policy judgment would stand. Our regu- require. latory reform legislation does not seek This amendment addresses one part The PRESIDING OFFICER. The Sen- to change that result. of that issue and it does it, I believe, in ator from Utah. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9697 Mr. HATCH. Mr. President, if I could The Senator from Louisiana [Mr. JOHN- million or is it $100 million? In addition respond, we are, as far as I am con- STON] proposes an amendment numbered 1497 to that, you have a petition process so cerned, going to continue ongoing ne- to amendment No. 1487. that any person who feels themselves gotiations and keep the door open to do Mr. JOHNSTON. Mr. President, I ask aggrieved by a present rule will be able what we can to resolve these problems. unanimous consent that reading of the to petition to have that put on the On many of the points that were amendment be dispensed with. schedule for review. It is an enormous raised, I thought the Senator from The PRESIDING OFFICER. Without amount of work. Michigan was well aware that there are objection, it is so ordered. So what we want to do is set this objections to a number of the provi- The amendment is as follows: limit at $100 million for a major rule sions, on both sides. So we will just On page 14, line 4, strike out subsection rather than at $50 million hopefully to keep working together and see what we (5)(A) and insert in lieu thereof the following new subsection: make the amount of work to be done can do to continue to make headway ‘‘(A) a rule or set of closely related rules manageable. We do not want to kill like we have on this amendment. that the agency proposing the rule, the Di- these agencies with so much kindness If we can continue to do that, we rector, or a designee of the President deter- or so much work that they are not able will. And we will certainly mention— mines is likely to have a gross annual effect to do anything. What industry wants is where we disagree, where we disagree. on the economy of $100,000,000 or more in rea- to be able to get some of these rules But we will keep working with the dis- sonably quantifiable increased costs (and that are burdensome and adopted with- tinguished Senator from Michigan, the this limit may be adjusted periodically by out science and adopted without proper Senator from Massachusetts, and oth- the Director, at his sole discretion, to account for inflation); or’’. procedures. They want to get them re- ers who were very concerned about this viewed. If you allow for a review of any matter. Mr. JOHNSTON. Mr. President, this rule at $50 million as opposed to $100 THE PRESIDING OFFICER. If there amendment is very simple. million, it may so overburden the agen- be no further debate, the question is on The PRESIDING OFFICER. Will Sen- cies that they cannot do anything, that agreeing to the amendment. ators withhold? The Senator from Lou- you will have gridlock, that you will The amendment (No. 1496) was agreed isiana. not be able to do whatever one wants Mr. JOHNSTON. Mr. President, this to. to do and which is to have good risk as- amendment is very simple. It sets the Mr. HATCH. Mr. President, I move to sessment, good cost-benefit analysis, definition of a major rule at $100 mil- reconsider the vote. good science brought into rulemaking. lion and gives to the director, at his Mr. DOLE. I move to lay that motion It is a very straightforward amend- sole discretion, the ability to adjust on the table. ment. It simply ups it to $100 million. that $100 million for inflation. The motion to lay on the table was I hope my colleagues are willing to Mr. President, $100 million has been agreed to. accept this amendment. The PRESIDING OFFICER. The ma- the threshold for triggering the review I yield the floor. jority leader. of proposed major rules since the Ford Mr. DOLE. Mr. President, I think if administration. The effect over the Mr. ROTH. Mr. President I support we could now have a time agreement years has been that $100 million now is the current amendment to raise the on the Johnston amendment, then that much less. dollar threshold for major rules from would let our Members know how much Mr. GLENN. Could we have order? $50 to $100 million. I support this time they might have between now and The PRESIDING OFFICER. The Sen- amendment because it would help en- the time of the vote. ator from Ohio is correct. Could con- sure that this bill will work for us, not Mr. DASCHLE. Mr. President, I have versations on the floor be removed against us. been consulting with the distinguished elsewhere? The purpose of S. 343 is to ensure bet- Senator from Louisiana. He is pre- Would the Senate be in order, in ter, more rational regulations and to pared—I will let him speak for him- order that debate can be heard? reduce the regulatory burden while self—but on our side we would be satis- The Senator from Louisiana. still ensuring that important benefits fied with a very short timeframe, per- Mr. JOHNSTON. Mr. President, the are provided. S. 343 aims to restrain haps a half-hour, 45 minutes. trigger for a major rule reevaluation regulators from issuing ill-conceived Mr. DOLE. An hour equally divided? was begun in the Ford administration regulations. It requires better analysis Mr. JOHNSTON. Mr. President, I at $100 million. If we use that same of costs, benefits, and risks, so that would say 30 minutes, really, ought to amount today in value, $100 million in regulators will issue smarter, more do it. It is very straightforward. It is the Ford administration would now be cost-effective regulations. This is com- just a question of setting the threshold worth $252 million, and in the Carter mon sense reform, not rollback. We at $100 million. administration it would be $231 mil- want agencies to work for the public’s I hope it is not controversial; 30 min- lion, or in the Reagan administration best interests, not against them. utes would suit us fine, equally divided. it would be $154 million. In other But we cannot so overburden the Mr. DOLE. Could we make that 40 words, this is only a fraction of the def- agencies with analytical requirements minutes equally divided? inition we have used since the Ford ad- that they cannot properly carry out Mr. DASCHLE. Mr. President, 40 ministration for triggering major their mission to serve the public. That minutes. rules. is why we need a dollar threshold be- Mr. DOLE. If there is no objection, The problem here, Mr. President, is fore requiring regulators to subject when the Senator lays down his amend- simply one of agency overload. We are rules to detailed analysis—cost-benefit ment, I ask unanimous consent there requiring these agencies any time they analysis and risk assessment. Costly be 40 minutes equally divided on the put out a new rule—and we think there rules, of course, merit detailed analy- amendment. will be probably over 135 major new sis. But less costly rules do not. The The PRESIDING OFFICER. Is there rules that are in process right now at reason is simple. Cost-benefit analysis objection to the time agreement? With- the $100 million threshold—they will and risk assessment are themselves out objection, it is so ordered. have to do cost-benefit analysis, they costly and time-consuming. The Senator from Louisiana. will have to do risk assessment with This is why, since cost-benefit analy- AMENDMENT NO. 1497 TO AMENDMENT NO. 1487 peer review, and judicial review, all of sis was first required by President Ford (Purpose: To revise the threshold for a defi- those things for rules which the admin- over 20 years ago, it only applied to nition of a ‘‘major rule’’ to $100 million, to istration now has in process. major rules costing over $100 million. be adjusted periodically for inflation) In addition to that, they are going to Every President since then, including Mr. JOHNSTON. Mr. President, I have to go back and review all rules Presidents Carter, Reagan, Bush, and send an amendment to the desk and which they select for review, all rules Clinton, have used the $100 million ask for its immediate consideration. that cannot meet the present cost-ben- threshold for required cost-benefit The PRESIDING OFFICER. The efit ratio, the cost-benefit test, and the analysis. This same threshold had clerk will report. risk assessment test. And the question strong precedent in the Senate. S. 1080, The legislative clerk read as follows: again is what is a major rule? Is it $50 supported by a vote of 94 to 0 in 1982, S 9698 CONGRESSIONAL RECORD — SENATE July 11, 1995 had a $100 million threshold. In addi- Mr. COVERDELL. Mr. President, I equation of helping businesses that tion, S. 291, the Regulatory Reform Act rise in opposition to the amendment. I have been suffering and the ramifica- of 1995, which I introduced in January spent the better part of yesterday ar- tions that come from that suffering and which received the unanimous sup- guing the unique problems that small and not on the side of these huge agen- port of the Governmental Affairs Com- businesses have in our country. The cies with millions and billions of dol- mittee, had a $100 million threshold. vast majority of businesses in America lars and attorneys, so many that you We also should keep in mind that the are small. Ninety-four percent of the 5 cannot even name them. We should be current value of this $100 million million-plus businesses in America moving in the direction of protecting threshold, set in 1974, is actually far have 50 employees or less. the people on Main Street America and less than $50 million in 1974 dollars. By elevating the threshold, I recog- not on being overly concerned about A $100 million threshold makes sense nize that we still have the amendment the burdens these big agencies face. because those costly rules account for that we adopted yesterday that would Mr. President, I yield back whatever about 85 percent of all regulatory take rules that get swept under reg- time is left. costs. Yet, there are a limited number flex, but nevertheless the broader ap- Mrs. HUTCHISON addressed the of such rules—about 130 rules per year plication of the bill’s threshold is being Chair. for nonindependent agencies. elevated by moving from $50 to $100 The PRESIDING OFFICER. Does the This means that the vast bulk of the million and reducing the size of the Senator from Utah yield to the Senator regulatory burden can be put under sweep, and I think it is moving in the from Texas? Mr. HATCH. I yield to the distin- control with a roughly predictable, and wrong direction. more importantly, manageable analyt- Mr. JOHNSTON. Mr. President, will guished Senator from Texas. The PRESIDING OFFICER. The Sen- ical burden. There is no good reason to the Senator yield? ator from Texas. have a lower dollar threshold for major Mr. COVERDELL. I yield. Mrs. HUTCHISON. Mr. President, I rules. A $50 million threshold would Mr. JOHNSTON. Actually, rules that would like to just address a question to sweep in many more rules but make it affect small businesses—how many did the Senator from Georgia on my time, all the more difficult for the agencies we say there were, how many million and that is I wonder if we have even to handle the analytical burden. We in this country? talked about the impact on other gov- just do not really know how many new Mr. COVERDELL. About 5 million. rules a $50 million threshold would cap- Mr. JOHNSTON. About 5 million. ernments of Federal regulations, such as our small towns across America. Our ture. When they affect small business, they small towns are reeling from regula- Even more troubling to me have been are likely to be a major rule. But we tions that require them to go into their recent attempts to further burden the have that provided for in the Coverdell water supply and test for items that do agencies—which would already be amendment of yesterday with the reg- not even relate to their part of the pressed hard by the requirements of S. flex, and I believe that solves that country. I just wanted to ask the Sen- 343—with more analytical require- problem. What we do not want to do is ator from Georgia if he does not think ments beyond those of the $50 million get agency overload here so that those that the lower threshold is also going threshold. The recent Nunn-Coverdell rules which are burdensome to small to be a boon to the smaller towns that amendment, for example, will dramati- businesses would not then be able to cally increase the burdens imposed by might not have the ability to have get—you would not have time to get legal staffs that can come up and talk S. 343. It would sweep into the defini- your petition done because the agency tion of major rule all rules that have a to Federal agencies? would be so overloaded with other Mr. COVERDELL. The Senator from significant impact on a substantial rules. I suggest to my friend that going number of small businesses, as defined Texas is exactly right. In fact, she ad- to $100 million is not going to be dif- monishes me in a way, because yester- by the Regulatory Flexibility Act. This ficult for small business because you could add many hundreds of additional day in talking about the reg-flex, or have already protected them under the the small businesses, I did not talk rules, including some very small rules, Coverdell amendment, and they are to the cost-benefit and petition process enough about small cities and towns, likely to be $100 million rules if they small government jurisdictions and of S. 343. I am deeply concerned about have broad application to small busi- the burdens imposed on small business. nonprofits. And as I said in my earlier ness, in any event. remarks, this is just moving in the But the Nunn-Coverdell amendment Mr. COVERDELL. In the time I have threatens to sink an already heavily wrong direction. This is removing remaining, I would like to respond. I these smaller jurisdictions, smaller loaded ship. understand the point my good col- businesses from the sweep of the intent Raising the major rule threshold to league from Louisiana is trying to $100 million is not enough to cure the of this bill. I do not think it devastates make, and I do appreciate the work the bill, but it is moving in the wrong overload problem confronting S. 343, that the Senator has expended for but it will help to lighten the load. It direction. many years, including this particular Mrs. HUTCHISON. Mr. President, I, will help make this bill a more work- debate. It has been a major contribu- like my colleague from Georgia, appre- able and more effective bill for the tion to the country, and I commend the ciate what the Senator from Louisiana American public. It is good govern- Senator for it. has done in this bill. He has worked to ment. I urge my colleagues on both I only assert that it is a move in the try to make it a good bill. But I am sides of the aisle to support this impor- wrong direction. I agree that the concerned if we raise the threshold tant amendment. amendment we adopted yesterday is a The PRESIDING OFFICER. Who that there might be people in that $50 step in the right direction because it to $100 million category—cities, towns, seeks recognition? will sweep those rules that are affected Mr. HATCH. Mr. President, I yield 2 maybe counties, maybe school districts by reg-flex into our system. But there minutes to the distinguished Senator or water districts, some of our smaller can be no argument that by moving from Texas. entities—that really might not have The PRESIDING OFFICER. The Sen- from a $50 million threshold to a $100 the protection of the good science, of ator from Texas. million threshold, we are removing the peer review, the ability to have Mrs. HUTCHISON. Thank you, Mr. protection from a class of businesses, cost-benefit analysis and risk analysis. President. and they will generally be smaller busi- I think what this bill does is so im- Mr. President, I would like to yield 2 nesses that are affected by the full portant to provide the basis upon minutes to the Senator from Georgia. ramifications of the bill and not just which people will know out in the open The PRESIDING OFFICER. The Sen- reg-flex. And let me say, as I said yes- what the effects of these regulations ator from Utah controls the time. terday, Mr. President, that if I am con- are, and it will have the effect, of Mr. HATCH. I am obviously happy to fronted with the issue of who suffers course, of making the regulators think yield 3 minutes to the distinguished the overload or the burden, and the ar- very carefully before they do these reg- Senator from Georgia. gument is between small businesses or ulations. The PRESIDING OFFICER. The Sen- medium-sized businesses or huge, mega Passing this bill in itself is going to ator from Georgia. agencies, Mr. President, I side on the have an effect on regulators in making July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9699 sure that they know exactly what they So, I think that the best way to get Mr. JOHNSTON. Mr. President, just are doing as they affect the small busi- this done is to go in the direction of very briefly. The reg-flex amendment nesses of our country or, indeed, the where we started in the Ford adminis- which we adopted yesterday which was local taxpayers of our country. tration that major rules defined in the designed to take care of small business So I join with my colleagues in say- Ford administration is $100 million. includes in its definition of small en- ing that I think it is very important And, you know, that amounts to $300 tity, small governmental jurisdiction, that we not leave that $50 to $100 mil- million something—$252 million. So we which goes on to mean government, lion range. In fact, I have to say if it have been coming down in that cities, towns, townships, villages, were my choice, I would not have a through the years. school districts, special districts, with range at all that was a floor. I would I hope my colleagues will recognize a population of less than 50,000, unless have from zero because I think no mat- this problem of overload. Look, if we an agency establishes another amount. ter what the regulation is, if it affects are not overloaded on this process in a So we took care really in the reg-flex your business or your small town or year or two the Senator can propose amendment of yesterday, I believe, of your water district, this is going to and I think the Senate would enact a the concerns about small towns and make a difference in the way you are lower threshold. I suspect what we are cities. And frankly I had not realized able to provide jobs or serve your tax- going to find is that we may be consid- that that definition was in reg-flex. payers. ering an upping of the threshold rather But I believe that covers the Senator’s So I do not think we should have any than a lowering of it simply because of concern for small towns and jurisdic- range that is excluded, but certainly I the question of legislative overload. tions. think the higher range is going to pro- Really, if we can get this $100 million, Mr. HATCH addressed the Chair. vide hardship for people who probably I think it makes a better and more The PRESIDING OFFICER. The Sen- do not have the legal staffs to really workable bill, one that will protect our ator from Utah. have their viewpoints known as well as small towns and counties and our small Mr. HATCH. How much time re- the people in the larger categories. businesses. And I hope my colleagues mains? The PRESIDING OFFICER. The Sen- So I respectfully argue against this will allow it to be done. ator from Utah has 9 minutes and 20 amendment as well, and hope that our Mrs. HUTCHISON addressed the colleagues will not have that group in seconds remaining. Chair. Mr. HATCH. How much on the other the $50 to $100 million category that The PRESIDING OFFICER. The Sen- might not be covered by sound science, side? ator from Texas. The PRESIDING OFFICER. Six min- science in the sunshine, cost-benefit Mr. HATCH. I will yield to the Sen- utes and 32 seconds on the other side. analysis, or risk analysis. And if it is a ator. burden on the large agencies, then per- Mr. HATCH. Mr. President, I am not Mrs. HUTCHISON. Mr. President, I sure from the discussion of the distin- haps we will have the effect of fewer, would just like to respond briefly and more important, good regulations rath- guished Senator from Louisiana that is say that I think it is a matter of where so, because as I recall the Coverdell er than so many regulations that do you err. And while the amendment of amendment just mentioned entities of cause a hardship on our smaller enti- the Senator from Louisiana would err small businesses. But we will check on ties. perhaps by saying that we could always Mr. JOHNSTON addressed the Chair. it. Be that as it may, the House has lower the threshold if we found that we listed a threshold of $25 million. The The PRESIDING OFFICER. The Sen- needed to because so many people were ator from Louisiana. threshold in this bill is $50 million. I exempt, I would err the other way. I ask the Senator, am I not wrong on Mr. JOHNSTON. Mr. President, I would say, let us set it at $50 million very much appreciate the contribution that? and make sure that every regulation Mr. JOHNSTON. This bill is $50 mil- that the Senator from Texas has made that we can possibly make well to this effort, and I share with her lion. thought out and well documented is, in Mr. HATCH. This particular bill’s completely her concern about small fact, well thought out and well docu- threshold is $50 million. And I have to businesses and small towns and coun- mented. And if we have to raise the say that all of small business through- ties. I have been in towns in Louisiana threshold later I would rather have to out this country is watching this par- which have been subjected to some of do that than to have to come in and try ticular vote. It is going to be the vote these incredible regulations that would to lower it because so many people are on small business, as was the Nunn- fine them for doing things which just harassed with regulations that did not Coverdell amendment. I understand the went contrary to common sense. I have the scientific basis and the risk arguments on both sides. But frankly, would sit there with the mayors of analysis and the cost-benefit analysis. with the House at $25 million, us at $50 these various towns and wring my So I think it is a matter of do we err million, there seems little or no real hands with them because it was so out- on the side of doing too much or do we justification for the $100 million. So I rageous sometimes what these regula- err on the side of doing too little? I support the $50 million threshold in tions provided. However, going from $50 would rather protect the people, the Dole-Johnston-Hatch. to $100 million does not hurt the small small business people of this country, This is a small business measure. The towns or small businesses. It is not the small towns of this country, the whole purpose of fighting this out on that by going down you exempt the small water districts of this country, the floor is to try and do it for small smaller people. Rather, you make it and then if it becomes an onerous bur- business people. The issue here is possible or feasible for small counties, den on the Federal agencies I am sure whether or not small businesses are small towns, small businesses to have we will hear about that and we can al- going to be treated the same as larger their regulations considered at all. In ways up the threshold. But I want to businesses. The reg-flex act may not other words, the problem here is agen- make sure that every regulation that cover all rules that affect small busi- cy overload. we can possibly make be well thought nesses. As you know, the standards in I have met at some length with Sally out, well documented in science, have a that act were adopted by the Coverdell Katzen, the head of OIRA. She said cost-benefit analysis, and in fact does amendment. And that amendment may You know, one of our problems here is have those criteria. not cover all situations affecting small peers. We have peer review, but how can we So, I do appreciate the position of the business, or at least I have been led to find enough peers to review hundreds and hundreds of regulations and have cost-bene- Senator from Louisiana. But I just believe that is the case. And I still fit ratios and risk assessments, scientific de- think it is more important for us to err have some concerns whether small terminations for these hundreds of rules on the side of caution and protection of towns are covered by that amendment, which are going to be simultaneously re- our small business people and our individuals, small nonbusiness associa- viewed? small towns than the opposite, so that tions, charities. Those are all not cov- And to do so by the way, in light of people are in a threshold of $50 million ered by the Coverdell amendment. And a budget which is now being cut in the than the $100 million and they do not should they not be protected by S. 343? appropriations process as we speak. It have those well-thought-out regula- And by this regulatory reform bill? I is going to be a formidable process. tions. think that is what we come down to. S 9700 CONGRESSIONAL RECORD — SENATE July 11, 1995 I would prefer to keep the threshold have budgets that will cover the cost of sis, but there are many small entities at $50 million. I am not going to go and cost-benefit, unable to hire the sci- that would not get the risk analysis weep in the corner if this amendment entists to do the studies to do the risk that is covered by this bill, and these goes down in defeat. But I have to assessment, and otherwise unable to are the entities that would be lost be- say—I mean, if the amendment is meet deadlines. That is a formula for tween the $50 million and $100 million adopted which the distinguished Sen- chaos. That is why the American Bar threshold. ator from Louisiana is advocating, and Association thinks we ought to go to So it is very important to the small I understand his reasons for doing so. $100 million. That is why the adminis- towns and the water districts and the But I believe that small business and tration thinks so, and that is why I small businesses that they have the individuals, small towns and cities, think so. availability of risk analysis for sound, nonprofit corporations, I might add, So, Mr. President, this amendment good regulatory bases, just as the larg- nonbusiness associations, do deserve will help pass—not only help pass and er entities would, and perhaps they the protection and the care that a $50 get signed into law—this legislation; it need it even more because they do not million threshold would give. With will make it workable. Everybody have the legal staffs that are available that, I am really prepared to yield back wants this legislation to work when in the upper echelons. any time we have, or I yield the floor. and if we pass it, and I believe we are I did want to make that one point so And I reserve the balance of my time. going to be able to pass it, because I that it was clear that we need risk Mr. JOHNSTON. Mr. President, I think the spirit of the floor, and of the analysis and the sound basis that risk would be prepared to yield back the proponents, certainly the majority analysis would provide for the $50 to balance of my time. Can we have a vote leader, Senator HATCH and others, has $100 million category that would be left at this time? been to accommodate reasonable criti- out if we adopt this amendment. Mr. HATCH. I suggest the absence of cisms in the present draft of S. 343. I Thank you, Mr. President. I yield the a quorum. really believe that is true. I think the floor. Mr. JOHNSTON. Will the Senator acceptance of that last amendment The PRESIDING OFFICER. Who withhold? As long as we have got to showed that kind of spirit, and I hope yields time? wait for this, let me say that, Mr. we can get that kind of spirit on this Mr. ROTH. Mr. President, I suggest President, this amendment is viewed $100 million amendment. This is really the absence of a quorum. very, very seriously by an awful lot of a crucial amendment, as the American The PRESIDING OFFICER. The people on our side and by the adminis- Bar Association has said, as the admin- clerk will call the roll. tration based on this question of agen- istration has said. The legislative clerk proceeded to cy overload. I really believe, as some- I have not gone along with all of the call the roll. one who has been involved in this risk administration’s criticisms of this bill. Mr. HATCH. Mr. President, I ask assessment now from the very start, As a matter of fact, I have not gone unanimous consent that the order for that this is a very legitimate concern along with most of the administra- the quorum call be rescinded. of the administration. The American tion’s criticisms of this bill. I think The PRESIDING OFFICER. Without Bar Association gives this question of some of it may be previous versions objection, it is so ordered. the definition of ‘‘major rule’’—it is that they are criticizing. I think some Mr. HATCH. Mr. President, I ask for the very first and most important crit- of it may be a fictitious bill that has the yeas and nays on the amendment. icism they have of S. 343. It is the most never been offered and is not now on The PRESIDING OFFICER. Is there a important criticism, or one of the most the floor that they are criticizing. But, sufficient second. important, of the administration, one Mr. President, this $100 million criti- There is a sufficient second. of the most important concerns over cism—that is, the criticism of the $50 The yeas and nays were ordered. here. million being too low and the desire to The PRESIDING OFFICER. If there Now, Mr. President, we very much go to $100 million—is right on target. It is no further debate, the question is on need to pass this legislation. I hope my is what it takes to make this bill work- agreeing to the amendment. colleagues on the other side of the aisle able. The clerk will call the roll. will give us enough votes to let us pass I beseech and implore my colleagues The legislative clerk called the roll. it. This is one of those important to let us get this limit to $100 million Mr. LOTT. I announce that the Sen- amendments that does not in any way where the bill can be allowed to work. ator from Missouri [Mr. BOND] and the derogate from the importance and the Mr. President, if none of my col- Senator from Arizona [Mr. MCCAIN] are central value of risk assessment, cost- leagues has further debate, I suggest necessarily absent. benefit analysis. But it may have a lot the absence of a quorum. The PRESIDING OFFICER (Mr. to do with making it workable. I mean, The PRESIDING OFFICER. The DEWINE). Are there any other Senators the American Bar Association is not clerk will call the roll. in the Chamber desiring to vote? out to do in small businesses or small The assistant legislative clerk pro- communities in our country. They are The result was announced—yeas 53, ceeded to call the roll. nays 45, as follows: simply aware, as they say, it will sweep Mr. JOHNSTON. Mr. President, I ask too broadly and, therefore, dilute the unanimous consent that the order for [Rollcall Vote No. 300 Leg.] ultimate impact of the bill. the quorum call be rescinded. YEAS—53 Quoting from the American Bar As- The PRESIDING OFFICER. Without Akaka Feinstein Lieberman sociation: objection, it is so ordered. Baucus Ford Mikulski Biden Glenn This change is crucial for Association sup- Moseley-Braun Mrs. HUTCHISON addressed the Bingaman Graham Moynihan port. Chair. Boxer Harkin Murray That is, American Bar Association The PRESIDING OFFICER. Who Bradley Hatfield Nunn support. yields time? Breaux Heflin Pell Bryan Hollings Pryor We can pass a bill without the Amer- Mr. HATCH. I yield such time as the Bumpers Inouye Reid ican Bar Association support, I under- Byrd Jeffords distinguished Senator may need. Robb Chafee Johnston stand that. But they are enthusiastic The PRESIDING OFFICER. The Sen- Rockefeller Cohen Kennedy supporters of the concept, as I am the ator from Texas. Conrad Kerrey Roth person who first proposed risk assess- Mrs. HUTCHISON. Mr. President, I Daschle Kerry Sarbanes ment here on the floor, but we have to thank the Senator from Utah. Dodd Kohl Simon make it workable. To go up to $100 mil- I wanted to answer one point of the Dorgan Lautenberg Snowe Exon Leahy Specter lion simply makes this more workable, Senator from Louisiana on his amend- Feingold Levin Wellstone Mr. President. Nothing could be worse ment, and that is the point that the than to have this vast plethora of regu- small entities would be covered under NAYS—45 lations all of a sudden dumped on agen- the reg-flex amendment that we adopt- Abraham Burns Coverdell Ashcroft Campbell Craig cies unable to contend with them, un- ed yesterday. In fact, the reg-flex Bennett Coats D’Amato able to find the peer review, unable to amendment covers cost-benefit analy- Brown Cochran DeWine July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9701 Dole Hutchison Packwood we thought would make the thing ac- Several Senators addressed the Domenici Inhofe Pressler Faircloth Kassebaum Santorum ceptable. Until we can get back an an- Chair. Frist Kempthorne Shelby swer to some of these things, I think it The PRESIDING OFFICER. The Sen- Gorton Kyl Simpson is going to be difficult to move ahead ator from Utah. Gramm Lott Smith too fast. Mr. BENNETT. Mr. President, I rise Grams Lugar Stevens Grassley Mack Thomas Mr. HATCH. Mr. President, may I re- to comment on the regulatory reform Gregg McConnell Thompson spond to the distinguished Senator? We bill, S. 343, that has occupied the atten- Hatch Murkowski Thurmond have looked at that and we understand tion of the Senate throughout the day. Helms Nickles Warner there are people on his side that do not I watched a good portion of the debate NOT VOTING—2 like some of those suggestions. There from my office, on television, and occa- Bond McCain are certainly a lot of people on our sionally here on the floor. I have been So the amendment (No. 1497) was side. So what we have been trying to do interested in my senior colleague from is work out individual items as we can. agreed to. Utah and his list of the top 10 horror Mr. GLENN. Mr. President, I move to But the vast bulk of those, we have had stories of regulatory excess. I have reconsider the vote. objections on one side or the other or been unable to gather as many as 10. Mr. JOHNSTON. I move to lay that both. My resources are perhaps not as good So, we will just keep working to- motion on the table. as my colleague’s, but I want to add gether with those who have submitted The motion to lay on the table was another to the horror stories of regu- those to us, and see what we can do. We agreed to. latory excess from the State of Utah, The PRESIDING OFFICER. The ma- have made some headway almost each and perhaps spend a little more time jority leader. and every day that we have been debat- on this one than the list that my senior Mr. DOLE. Mr. President, I want to ing this matter. colleague went through earlier. So, all I can do is pledge to keep make an inquiry now if there are any I am talking about a business called working at it and see what can be done. amendments on either side that can be Rocky Mountain Fabrication, which is But there are an awful lot of those sug- offered so we can have another vote or located in Salt Lake City, UT. It has gestions that are not going to be ac- two this evening? been operating at a site in industrial ceptable. north Salt Lake since the early 1980’s. As I understand, the Senator from Mr. DOLE. As I understand it, one of It needs to expand its operations to Ohio indicates there are no amend- the nine dealt with an amendment we meet the demands of an improving ments on that side. just disposed of. Mr. GLENN. No amendments. Mr. GLENN. That is what I just said. economy. Rocky Mountain employs Mr. DOLE. We are looking at one Mr. DOLE. There is some progress about 150 people. from the distinguished minority leader. being made there, but I think it is fair Its business is steel fabrication which We have not had a chance to review to say there will be no more votes to- requires the use of an outdoor yard. that yet. night. They have to lay out large pieces of Mr. GLENN. That is correct. We Mr. GLENN. I would like to address steel that are then moved by heavy thought there would be one, but you this again. What we thought we were equipment. Negotiations between are looking at it. We will have another going to have is an answer to this Rocky Mountain and EPA have been one ready in the morning. whole package. That was the way it going on since 1990, nearly 5 years. Mr. DOLE. Does that mean you are was originally presented. I know we They have cost the company $100,000 in about to run out? dealt with a couple of these items here, legal fees and other fees connected Mr. GLENN. I would not say that ex- but we would much prefer to see how with this fight. At the moment, a con- actly at this point. many of these things we could get clusion is no closer than it was when it Mr. DOLE. Are there any at this through as a package. If we could get started. There is no resolution in sight. point? an answer on some of these things, that Here are the facts. Rocky Mountain Mr. JOHNSTON. Mr. President, if the will certainly help. Fabrication acquired its 5-acre site in majority leader will yield, I wonder if Mr. DOLE. Let me yield to the Sen- 1981 and developed approximately 3 the majority leader would entertain an ator from Utah to respond. acres of the site. At the time, all the amendment at this point to make the Mr. HATCH. I would have to say land was dry. If you have been to Utah, bill not applicable to any notice of pro- again, I thought the other side was you know that is the normal pattern of posed rulemaking which would com- aware of the matters that we felt we land in Utah. It is part of the great mence on July 1, 1995, or earlier? In could work on and the matters we felt American desert. In 1983, we had un- other words, those on-going regula- we could not, that there could be no usual flooding in Utah. There was a tions which would still be subject to agreement on. But we will endeavor to combination of a bigger than normal the petition process, so you would not try to outline each and every item on snow pack, a late spring. It stayed in have to go back and redo and replow all that. But we are working with the the mountains in snow, and then sud- that same ground. other side. We are trying to accommo- denly a very rapid drop; a rise in tem- Do you want time to think about date. Today I think is good evidence of perature, and immediate thawing of all that? that. the snow, and we had runoff. Mr. HATCH. I think we need some We will work on it and try to get You may recall, Mr. President, and time to think about that because we back on each and every item. some others may recall, that we had need to know what all the rules are The PRESIDING OFFICER. The ma- literally a river running down the prin- that will be affected by it. But we will jority leader. cipal street of downtown Salt Lake certainly look at that. Mr. DOLE. Mr. President, as I under- with sandbags on either side to keep The PRESIDING OFFICER. The ma- stand it, there will be no further damage out of the business stores. jority leader. amendments offered but there will be That happened in 1983. Mr. DOLE. If there are no—— debate on the bill. I think there are a If you are following the EPA, you Mr. GLENN. Will the majority leader number of colleagues on either side know what is going to happen next. All yield? One point I would like to make, who wish to make statements on the of a sudden, this dry land on which on June 28 we gave a list of 9 major bill. Hopefully, we can find some Rocky Mountain Fabrication had been concerns we had and 23 minor ones. We amendment that can be offered, laid carrying on their business became a were told at that time that your side down early in the morning, so we can wetland because of the unusual nature would get back to us as fast as pos- get an early start. of this spring runoff. It kept happen- sible. Maybe in the meantime we can ad- ing. In 1985–86, EPA began investigat- We have been working through one or dress some of the questions raised by ing the site. In 1990, they got serious two—or a few of these things here the Senator from Ohio and get some re- with their investigation. today, but we have not had any answer sponse so we can move on. We would Approximately 1.3 acres of Rocky to this. We were told that would be ad- like to finish this bill tomorrow night Mountain’s property was filled. Oh, you dressed. This is our blueprint for what if we could. Which we cannot. cannot do that. You cannot take steps S 9702 CONGRESSIONAL RECORD — SENATE July 11, 1995 to change the nature of your own prop- am going to conduct an investigation, change, the one most difficult to ac- erty under Federal regulations. Rocky and I accept as one of the possibilities complish but ultimately the one that Mountain provided numerous propos- the possibility that you have not done must take place. als, technical studies, and other infor- anything wrong.’’ No, that is not in the Mr. President, S. 343 will not accom- mation to EPA to resolve this matter regulatory culture. plish that. We need a lot more con- so that it can expand its business. If we could get that notion in the cul- versation and a lot more change of at- These proposals included removing ture of regulatory agencies, that alone titudes throughout the entire Federal over half of the 1.3 acres filled together would take care of most of these horror establishment to accomplish that. But with mitigation in the form of a mone- stories, if the person doing the regulat- S. 343 will at least send a message tary donation to significant off-site ing were to say, ‘‘OK, somebody is com- throughout the Federal establishment projects around the Great Salt Lake, plaining. Someone has suggested there that we here in the Congress are aware or enhancement of 30 to 50 acres of wet- is something wrong here. But I am here of the need for those kinds of changes lands along the Great Salt Lake. to find out the facts. That is the cul- and we are willing to pass legislation All of these proposals have been re- ture of my regulatory agency, and I that will move in that direction. It is jected by the EPA. Instead, the agency come in with the understanding that for that reason I support the legisla- has demanded that Rocky Mountain re- you may not have done anything tion and urge its passage. move 2.9 acres from its 5-acre site, wrong. I am here to find out the facts.’’ Mr. INHOFE addressed the Chair. which would far exceed the amount I do not know how we pass legisla- The PRESIDING OFFICER. The Sen- filled in 1985–86, effectively rendering tion to change culture in an agency. I ator from Oklahoma. do not know how we accomplish this the property unusable and putting the ANNOUNCEMENT OF POSITION ON VOTES goal. But I do know that we do not get company out of business at its present Mr. INHOFE. I have two announce- the goal accomplished if we do not location. ments. First, I announce that, if I had In response to Rocky Mountain’s pro- start talking about it. been present and voting yesterday on posal to provide compensatory mitiga- So that is why I have decided to add rollcall vote No. 297 to this bill, I would tion through a financial contribution to this horror story that particular have voted ‘‘yea.’’ Second, if present to the $3.5 million offset wetland en- conversation. I intend, Mr. President, and voting on vote No. 298, I would hancement project contemplated by whenever a regulatory agency comes have voted ‘‘yea.’’ the Audubon Society around the Great before any subcommittee on the Appro- The PRESIDING OFFICER. The Salt Lake, EPA officials verbally re- priations Committee on which I sit to RECORD will so reflect. sponded that any such proposal would raise this issue with them. What is the require Rocky Mountain to contribute culture in your agency? Is it a culture Mr. INHOFE. Mr. President, what we the entire $3.5 million cost of the of let us go find the facts, or is it a cul- have been talking about today is a very project. Only that would be acceptable. ture of if I am here, there must be significant thing. It is something that Well, $3.5 million for 1.3 acres in in- something wrong? we are concerned about to the extent dustrial north Salt Lake? Boy, I would Indeed, some agencies are afraid to that those of us who ran for reelection love to be the landlord that got that come back from an investigation and last time can tell you that this is on kind of a price for selling that sort of say, ‘‘There was nothing wrong,’’ for the minds of the American people, not land. It is unbelievable. But this is the fear the culture in the management of just large and small businesses but in- best EPA can do after costs of over the agency will say, ‘‘Well, if you could dividuals as well. This issue is probably $100,000 to the citizen who did nothing not find anything wrong with that cir- the most critical issue to come before beyond working on his own land for 5 cumstance, there must be something the Congress in the minds of the Amer- years. wrong with you as an investigator. ican public. It will redesign the regu- Mr. President, this is an example—we Now go back and find something that latory process of the Federal Govern- have had many of them here on this you can fine them for. Find something ment. floor—of this kind of regulatory over- you can attack them for.’’ One of the distinctions, for those of kill. In that kind of a culture, of course, us who have served in both bodies, that I believe in this bill. I intend to vote you get the sense of us versus them is most noticeable is that over here on for this bill, and I urge all of my col- that seems to dominate the regulatory this side you only run every 6 years. leagues to vote for this bill. field in this country. The drawback to that is you sometimes This bill will not get at the core of So, Mr. President, as I say, I intend lose contact with what people are the problem. I hope it is a good first to vote for this bill. I urge all of my thinking. For those of us who went step towards the core of the problem, colleagues to vote for this bill. I raise through an election, Mr. President, but it will not get at the core of the horror stories like the one that I have this last time, I can assure you there problem. The core of the problem, Mr. recited, but I think the long-term solu- are two mandates that went with that President, is this, as more and more tion with which all of us must be con- election which have to be ranked No. 1 regulators themselves are discovering: cerned must be geared at changing the and No. 2, and I am not sure in which It has to do with the cultural attitude corporate culture, if you will, in regu- order they would be. of a regulatory agency. latory agencies and getting people who One, of course, is doing something I ran a business. I know how impor- are working for the Government to about the deficit, and the other is tant culture is to a business. The most begin to understand that taxpayers doing something about the abusive bu- important culture you can establish in must be treated like customers. There reaucracy and the overregulation that a business is this one: The customer must be a presumption that the tax- we find in our lives. I have had this for- comes first. We exist to serve the cus- payer, that the individual citizen, that tified since the election in that I have tomer. Whatever the customer asks the person being investigated may just had 77 townhall meetings since Janu- for, whatever the customer needs, we be completely innocent of any wrong- ary, and it always comes up. will do everything we can to provide it. doing. That possibility must be clearly The Senator from Utah was talking If you can get that culture in the in the minds of regulators when they about the horror stories. Let me assure minds of your employees and maintain go out. They must not be punished if you there are a lot of horror stories. it by the way you run your business, they find that that is, indeed, the case. We have heard a lot today, and we will you are almost certain to have a suc- If they come back and say, ‘‘We have have heard a lot more. But I have cat- cessful business. In a regulatory agen- conducted this investigation, and this egorized about six things that have cy, the culture is: The customer is company, this individual, we discov- come out of these townhall meetings lying; or, The customer is cheating; or, ered has done nothing wrong,’’ there which were prominent in the minds of The customer must have done some- must be no cultural opprobrium at- Americans during the last elections. thing wrong or I would not be here in tached to that result on the part of the They are: First, the American public this agency. management of the regulatory agency. wants a smaller Federal Government. I have never dealt with a regulatory That is the most ephemeral kind of Second, the public demands fewer Gov- agency who came in with the notion: ‘‘I change, the most subtle kind of ernment regulations. Third, people July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9703 want regulations that are cost effec- think we have kind of lost track of tiny—he said there is nothing closer to tive. Fourth, they want Federal bu- what it actually does, and then give immortality on the face of the Earth reaucracies to quit invading their lives. some examples of the types of regula- than a government agency. That is the Fifth, small businesses need regulatory tions that we are exposed to. As the way it is with regulations. They im- relief to survive and create jobs. Sixth, Senator from Utah, I spent 35 years of pose the regulations. Maybe the prob- people want the Government to use my life in the private sector so I have lem goes away or someone takes away common sense in developing new regu- been on the receiving end of these regu- that problem, but the regulations stay lations. lations. I know the costs of these regu- in. So this would require that every 5 When debating and discussing this lations. years they look and review to see if issue, most people focus on the direct An economist the other day said, they are still needed. If the agency de- cost of regulations on businesses and with all this talk about Japan, if you cides not to rewrite a particular regu- on the general public, which is enor- want to be competitive with Japan, ex- lation, then members of the regulated mous. Over $6,000 is the cost each year port our regulations to Japan and we community—those are the people that for each American family because of will be competitive. are paying taxes for all this fun we are the cost of regulation. For each sense- One section of the bill is cost-benefit having up here—can petition the agen- less and burdensome regulation, we analysis. The bill will require the use cy to have the rule reconsidered. have Government bureaucracies and of cost-benefit analysis for major rules, Now, this will allow the public to agencies proposing, writing, enacting, those which have gross annual effects draw attention to the needless regula- and enforcing these needless regula- on the economy of $50 million or more, tions that help put government back in tions, and this actually drives up the requiring that the benefits of the rule the hands of the American people. national debt. justify the costs of the rule. Nothing unreasonable about that at This is something that has not been This is not the more stringent lan- all. discussed, and I wish to give credit to guage we talked about at one time Then the fourth area is that of judi- a professor from Clemson University, back in January of the benefits out- cial review. The bill will also allow for Prof. Bruce Yandle, who made quite a weighing the costs, which I would pre- judicial review of these new regulatory discovery. He discovered that there is a fer, but a much more neutral com- requirements. This is important be- direct relationship between the deficit promise. This is a commonsense ap- cause the regulated community must each year and the number of regula- proach to costs and benefits. If you are have some redress for poorly designed tions. going to buy something for yourself at or arbitrary regulations. It is no good Our Federal Register is the document the store, you do not want to pay more to require regulatory agencies to in which we find the listing of the regu- than the benefits you receive from it. change their process if there is no one lations. The discovery that Professor It is like buying a 32 cent stamp for 50 watching over to make sure that they Yandle made is portrayed on this cents. You just do not do it. It is like comply with this. chart. This is kind of interesting be- throwing away your laptop computer I realize President Clinton and his regulatory agency heads are dead set cause the red line designates the num- at the end of each day. Smart shoppers against the provision. They did not ber of pages in the Federal Register. In want their money’s worth, and I think mind that they look over everybody other words, we are talking about the the American public is entitled to get else’s shoulders enforcing the regu- red line which goes up like this. And their money’s worth by having some latory nightmares on private citizens this out here is the peak of the Carter way to measure the value of these reg- and the companies that are paying for administration when we were trying to ulations. all these taxes, but they do not want get as many regulations on the books The second area that is addressed is the judicial process to oversee them. before they changed guard after Ronald risk assessment. The bill would require So overall the bill will go a long way Reagan was the designee for President a standardized risk assessment process toward preventing needless and overly of the United States. for all rules which protect human burdensome regulations from taking Now, the yellow columns here des- health, safety, or the environment. It effect. ignate in billions of dollars the Federal will require ‘‘rational and informed Unfortunately, there are many exam- deficit for that given year. Now, look risk management decisions and in- ples of existing regulations which have at this; it is really remarkable. You formed public input into the process of not followed this new process to help have this line that is trailing this line making agency decisions.’’ I do not see stop stupid regulation from being en- going across almost exactly at the how anyone can be against making in- acted. I would like to just highlight a same rate. In other words, in those formed decisions. couple of these, one having to do with years when we have a higher Federal This section will require the ‘‘best the wetlands regulations. deficit, we also have more pages of reg- reasonably available scientific data’’ to The EPA and the Army Corps of En- ulations. be used and the risk involved to be gineers have promulgated regulations And so I would contend to you that characterized in a descriptive manner, which broadly define the definition of the best way we can address the deficit and the final risk assessment will be what constitutes a wetland. Under the problem is to do something about the reviewed by a panel of peers. 1989 definition, land could be dry for 350 overregulation, do something to cut These are not outrageous require- days a year and still be classified as down the number of regulations in our ments but basic justifications which wetlands. And to add to some of the ex- society. should be met by the Government be- amples that have been made here on The bill under consideration today, fore it imposes costly regulations on the floor today: the Comprehensive Regulatory Reform businesses costing them millions of Mr. Wayne Hage, a Nevada rancher, Act of 1995, will go a long way to meet- dollars and on American families cost- hired someone to clear scrub brush ing the concerns of the American pub- ing them thousands of dollars. from irrigation ditches along his prop- lic on needless and burdensome Federal The third area is that of the regu- erty and faces up to a 5-year sentence regulations. And, as the Senator from latory review and petition process. The under the Clean Water Act because it Utah said, I would like to have this bill bill will require each agency to review redirected streams. stronger. I think it should be stronger. its regulations every 5 years to deter- Another example: Mr. John Pozsgai, But this is a compromise bill. This is mine if the rule is still necessary. You a 60-year-old truck mechanic in Phila- one that many people on the other side know, there are a lot of agencies that delphia, filled in an old dump on his of the aisle who really do not feel we are not necessary. property that contained abandoned are overburdened with regulation think I can remember a very famous speech tires, rusty cars, and had to serve near- is probably a good compromise. I would that was made one time by a man back ly 2 years in jail because he did not get prefer to have it stronger, but it is a in 1965 who later on became President a wetlands permit. compromise, and it is the best we could of the United States. He observed in James and Mary Mills of Broad Chan- hope for now. that speech, which I think should be in nel, NY, were fined $30,000 for building I would like to outline a few of the the textbooks of Americans today— it a deck on their house which cast a key components of the bill, because I was called A Rendezvous With Des- shadow on a wetland. S 9704 CONGRESSIONAL RECORD — SENATE July 11, 1995 Endangered species. The Endangered the same manner as human tissue in a that are taken into account as the reg- Species Act has infringed upon the closed container for disposal. ulations are developed and as the regu- property rights of property owners all In Florida, the owner of a three-per- lations are applied. So the notion that over the country. When 14-year-old son silk-screening company was fined somehow the good things that have Eagle Scout Robert Graham was lost by OSHA for not having a hazardous come about as a result of regulation— for 2 days in the New Mexico Santa Fe communications program for his two and, indeed, there have been and our National Forest, the Forest Service de- employees. friend cited the idea that we have a nied a rescue helicopter to land and Two employees of DeBest, Inc., a cleaner environment in many areas, pick up the Scout where he was spotted plumbing company in Idaho, jumped that we have better water than we have from the air because it was a wilder- into the trench to save the life of a co- had in years. That is true. That is not ness area. worker who had been buried alive. The the issue. We are not talking about Mr. Michael Rowe of California want- company was fined $7,875 because the doing away with those regulations. ed to use his land to build on, but it two workers were not wearing the So I think, Mr. President, we really was located in a known habitat of the proper head gear when they jumped ought to examine what we are doing Kangaroo rat. In order to build, he was into the trench. here, and the fact is we are looking for told—keep in mind this is his land that Mr. President, I could just go on and a way to apply regulations with more he owns—he was told to hire a biologist on as they have today with example common sense. We are looking for a for $5,000 to survey the land. If no rats after example of abuses that have way to apply regulations with less were found, he could then build only if taken place. And they are abusing the cost. We are looking for a way to ac- he paid the Government $1,950 an acre very people who are paying the taxes. complish what regulations are designed in development mitigation fees. If even Last, let me reemphasize, this chart to accomplish more efficiently. That is one rat was found, he could not build speaks for itself because there is a di- what it is all about. I understand that there are different at all. This is his property, property he rect relationship between the deficits views. I understand that there are bought long before this thing was in ef- that we have experienced every year those who do not choose to take issues fect. and the number of pages in the Federal like cost-benefit ratios into account. Here we have the Constitution with Register which indicates the number of regulations that are in effect. There are those, of course, as has been the 5th amendment and the 14th the case in almost all the issues we amendment that are supposed to pro- I thank the President for his time. Mr. THOMAS addressed the Chair. have undertaken this year, who prefer tect property rights without due proc- the status quo. ess. The PRESIDING OFFICER. The Sen- ator from Wyoming. But I suggest to you, if there was Here is Marj and Roger Krueger who Mr. THOMAS. Mr. President, I rise in anything that was loudly spoken in No- spent $53,000 on a lot for their dream- support of S. 343, and appreciate the vember of 1994 it was that the Federal house in the Texas hill country. But comments of my friend from Oklahoma Government is too big, it costs too they could not build on the land be- who talked a lot about the details that much, and there is too much regulation cause the golden-cheeked warbler had are very important here, the reason for in our lives, intrusive in our lives, that been found in the canyon adjacent to this bill. We have talked about it now it has to do with economy, it has to do their lands. for a good long time, as almost is al- with cost. And OSHA regulations. I remember ways the case here. Nearly everything We already mentioned cost. Some say when OSHA regulations first came out. has been said, I suppose, in terms of it ranges from $400 billion a year, more At that time I was in business. Of the detail, in terms of the bill. But I than all of the personal income tax combined, and I believe that is the course, I was a part-time legislator in would like to talk just a little bit case. the State of Oklahoma. I was in the about the fact that it is so important But we need to concentrate on what State Senate. I used to make speeches for us to deal with this question of reg- and take the manual that is about that we are seeking to do, and we are seek- ulation, overregulation. ing to make regulation a more effi- thick, the OSHA Manual of Regula- Clearly, at least in my constituency tions to which all manufacturers had cient, a more useful tool. in Wyoming, the notion of regulation There is a notion from time to time to comply, and I would speak to manu- and the overregulation, and the cost of facturers’ organizations. And I said, ‘‘I that those who seek the status quo are regulation and the interference of regu- more compassionate, are more caring can close anybody in the room down.’’ lation, is the item most often men- I would be challenged. ‘‘No. We run a than those who want change. I suggest tioned by constituents that I talk to. that is not the slightest bit in keeping good clean shop. You cannot close us.’’ There is no question, of course, that we I would find regulations that if you with the flavor of this bill; that, in- need regulation. There will continue to deed, we are seeking to find a way to were the type of inspector that would be regulation. And, indeed, there walk in, if you wanted to, you could do it better. should be regulation. Obviously that is So, Mr. President, the 1994 elections close someone down. one of the functions of government. were about change. The American peo- You know, Mr. President, this is one The question is not whether we have ple, I think, are demanding a change, of the problems we have. Years ago I regulation or not. And I wish to com- demanding a regulatory system that was mayor of the city of Tulsa. We had ment a little, one of our associates this works for us as citizens and not against about 5,000 uniformed police officers. afternoon rose and indicated that in us. I think there is a message that the Most of them were great. Now, you his view the idea of having some kind status quo is not good enough. have someone who cannot handle the of cost-benefit analysis meant that we For the first time in many years, authority that is vested in them by would no longer have clean water, that frankly, the first time in years I ob- law. The same is true when you get out we would no longer have clean air. I served Congress, certainly in the 6 in the field. It can happen in any bu- disagree with that thoroughly. years I was in the House, we have not reaucracy, whether it is the EPA, the I do not even think that is the issue. really taken a look at the programs OSHA regulators, inspectors, or FAA, The issue of regulation, the issue of that are there. If programs seemed not anyone else, certainly IRS and FDA, laws, the issue of having a clean envi- to be effective, if they were not accom- and the rest of them. ronment, a safe workplace is not the plishing much, what did we do? We put Anyway, the Occupational Safety issue. Too often we get off on that no- more money into it or increased the and Health Administration is supposed tion that somehow this bill will do bureaucracy. We did not really take a to protect safety and health for work- away with regulation. Not so at all. We look at ways to improve the outcome, ers. But too often the regulators at had an amendment today that said it to improve the effect to see if, indeed, OSHA have gone overboard, costing would be a supplement to the laws and there is a better way to do it. So we jobs and imposing fines. the statutes that exist and the regula- need meaningful and enforceable regu- For example, OSHA regulations have tions that exist. latory reform. put the tooth fairy out of business, re- It is designed to work in process. It There has been a great deal of misin- quiring dentists to dispose of teeth in deals with the process of the things formation about this bill, some of it on July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9705 purpose, some of it just as a matter of not there can be a cost-benefit ratio of process that is less burdensome, more not fully understanding. Most of it you what is going on, whether there is a effective, and more flexible. We need see on TV and talk shows, that it does risk assessment, and that is what this regulatory reform that provides rea- not have the regulatory protection. is designed to do. sonable, logical, and appropriate Not true, not true. Clean water, clean So, Mr. President, our effort here, I changes in the regulatory process that air, and safe food are not negotiable. think, is a laudable one. I am excited will eliminate unnecessary burdens on That is not the issue. This bill specifi- about it. I think we can finally do some businesses, State and local govern- cally exempts potential emergency sit- things that have needed to be done for ments, and individuals. We need regu- uations from cost-benefit, and it will a very long time and, I think, do them latory reform that maintains our Fed- strengthen sound regulations by allo- in a sensible way and preserve the rea- eral Government’s ability to protect cating the resources more wisely. son for regulation, preserve the envi- the health and safety of the American I cannot imagine anything that ronment, preserve the water quality, people. makes more sense, that makes more and do it in a way that is more effec- Mr. President, I am committed to the common sense than as a regulation is tive, more cost-effective, more user goal of purging regulations that have developed that you take a look at what friendly than in the past. outlined their usefulness, that are un- you are seeking to do, how you do it, I rise in strong support of this bill necessarily burdensome, or that create what it will cost, and what the benefits and, frankly, hope we can move to a needless redtape and bureaucracy. will be and seek the alternatives that speedy, successful conclusion. I believe that Federal agencies are there. That is what it is all about. Mrs. BOXER. Mr. President, one of should issue only those rules that will It also provides an opportunity for the primary functions of government is protect or improve the well-being of this body, for the Congress to take a to protect the public’s health and safe- the American people and I am commit- look at regulations as they are pre- ty. The purpose of the Federal regu- ted to regulatory reform that will en- pared by the agencies. We did this in latory process is to improve and pro- sure this. our Wyoming Legislature. It was a rou- tect the high quality of life that we For these reasons I am an original tine: The statutes were passed, the enjoy in our country. Every day, the cosponsor of the Glenn-Chaffee bill S. agencies developed regulations to carry people of our Nation enjoy the benefits 1001, the Regulatory Procedures Re- them out, and there was an oversight of almost a century of progress in Fed- form Act of 1995. function before those regulations were eral laws and regulations that reduce EXAMPLES OF THE KIND OF REGULATORY put into place to see if, indeed, they the threat of illness, injury, and death REFORM WE NEED carried out the spirit of the statute, to from consumer products, workplace Last year, I pushed a bill through the see if, indeed, they were doing what hazards, and environmental toxins. Senate to allow the city of San Diego they were designed to do. Unfortu- As the year 2000 approaches, Ameri- to apply for a waiver from certain nately, there, too, we did not have a cans can look back with immense pride Clean Water Act regulations. real analysis of the cost-benefit ratio, in the progress we have achieved in Scientists at the National Academy and I think that is terribly important. protections of our health and safety. of Sciences and the Scripps Institute of So we talk about compassion, and The economic benefits derived from Oceanography informed us that the sometimes those who want to leave Federal safeguards such as the Clean regulations mandating that the city things as they are accuse those who Air Act, the Clean Water Act, the Safe treat its sewage to full secondary level want change of not caring. It seems to Drinking Water Act, the Federal Insec- were unnecessary to protect the city’s me that when overregulation puts ticide, Fungicide and Rodenticide Act coastal waters. someone out of work, that is not very [FIFRA], the Food, Drug and Cosmetic Compliance with those regulations, compassionate. When we put a lid on Act, and the National Highway and put in place to protect inland lakes, the growth of the economy, that is not Traffic Safety Act, are incalculable. rivers, and streams, would do little to very compassionate. When we take peo- The National Highway and Traffic protect the marine environment but ple’s property without proper remu- Safety Administration and the Federal would cost San Diego over $1 billion. neration, that is not very compas- Highway Administration estimate that My bill allowed the city to seek a sionate. Federal safety rules have resulted in a waiver which is not available under So we are designed here to do some of net gain to the economy of $412 billion current law, giving San Diego the flexi- those things. It seems to me we have between 1966 and 1990. According to the bility it needs to protect the marine particular interest in the West where Department of Labor, workerplace environment and to focus its resources 50 percent of our State, for example, is safety regulations have saved at least on other environmental priorities. managed and owned by the Federal 140,000 lives since 1970. The Consumer The Environment and Public Works Government. So we find ourselves in Product Safety Commission estimates Committee, of which I am a member, is nearly everything we do, whether it be that standards in four product cat- currently working on the reauthoriza- recreation, whether it be grazing, egories alone save at least $2.5 billion a tion of the Safe Drinking Water Act, whether it be mining and oil, with a year in emergency room visits. the Clean Water Act, other environ- great deal of regulation that comes While I recognize the tremendous mental statutes and we are very aware with Federal ownership. benefits and value of our health and that we need to be mindful of situa- Much of it is not simply oriented in safety laws, I also recognize many in- tions like San Diego’s—situations business. We talked a lot about busi- stances where Federal agencies have where a regulation that makes sense in ness because I suppose, on balance, ignored the costs of regulation on busi- one place makes little or no sense in they are the largest recipients of over- nesses, State and local governments, another. regulation. Let me tell you, the small and individuals, who as a result feel For example, under the current Safe towns are also very much affected. We that they are being put upon—and Drinking Water Act, EPA may have to had several instances recently in the rightly so. issue a rule on radon in drinking water. town of Buffalo, WY, where they are This is why we need regulatory re- Radon is a known carcinogen and seeking to develop a water system, in form. should be regulated. But in the case of one instance, on forest lands. So they WE NEED REGULATORY REFORM a city like Fresno, CA, the costs of have to deal with the Forest Service to Mr. President, I firmly believe we compliance with such a regulation begin with, and then they have to deal need regulatory reform. I believe that could be staggering. Unlike many with the EPA, and then they have to all Senators on both sides of the aisle cities which have a single drinking deal with the Corps of Engineers and fi- feel very strongly about the need for water treatment plant, Fresno relies nally are turned down entirely and regulatory reform. Not one of us in the on water from over 200 wells, each of have to start over—millions of dollars Senate wants the status quo. Regu- which would require its own Radon of costs to a small town. latory reform is not a partisan issue. treatment facility. It has nothing to do with whether At issue this week will be what kind of Meeting the EPA’s proposed Radon they are going to have a clean water reform we achieve. We need regulatory rule could cost the city of Fresno sev- supply. It has to do with whether or reform that will create a regulatory eral times what it would cost other S 9706 CONGRESSIONAL RECORD — SENATE July 11, 1995 cities—over $300 million, an amount health and safety laws. One of their I support regulatory reform that will the city tells me is simply not avail- own pollsters, Luntz Research and create a regulatory process that is less able. We will therefore work to come Strategic Services, recently completed burdensome, more effective, and more up with a solution that protects public a poll on regulatory reform that asked: flexible. I support regulatory reform health, but doesn’t drive cities like Which should be Congress’ higher pri- that provides reasonable, logical and Fresno to bankruptcy. ority: cut regulations or do more to appropriate changes in the regulatory Mr. President, it is our job to fix protect the environment? Twenty-nine process that will eliminate unneces- these problems, to make changes to percent said cut regulations. Sixty-two sary burdens on businesses, state and eliminate the unintended consequences percent said protect the environment. local governments and individuals. I of good laws. The best way to avoid un- The pollster goes on to comment: support regulatory reform that main- necessary, costly and burdensome regu- This question is here as a tains our federal government’s ability lations is to ensure that the agency warning . . . The public may not like or ad- to protect the health and safety of the analysis of the proposed regulation is mire regulations, may not think more are American people. based on sound science and reasonable necessary, but puts environmental protec- Unfortunately, the Dole/Johnston policy assumptions. An agency must tion as a higher priority than cutting regula- bill does not achieve these goals. consider the costs and the benefits of a tions. The Dole/Johnston bill’s definition of regulation, and the possibility for al- They have come up with an ideal major rule to mean a rule—or a group ternative regulatory solutions or no back-door solution: This week we will of closely related rules—that is likely regulation at all. spend many hours debating the pro- to have a gross annual effect on the With this in mind, President Clinton posal forwarded to the Senate by the economy of $50 million or more in rea- issued Executive order 12866 in Septem- majority leader Senator DOLE, that sonably qualitifiable direct or indirect ber 1993. The Executive order empha- will, in the name of regulatory reform, costs will greatly increase the burden sizes that while regulation plays an im- seriously undermine existing health, of our agencies. Just about any rule portant role in protecting the health safety and environmental laws and se- can be made out to have a $50 million safety and environment of the Amer- riously weaken our ability to respond gross effect on the economy in reason- ican people, the Federal Government to current and future health, safety ably qualitifiable—direct and indi- has a basic responsibility to govern and environmental problems. Support- rect—increased costs. I seriously ques- wisely and carefully, regulating only ers of the Dole-Johnston bill are clear- tion whether the enormous number of when necessary and only in the most ly not listening to the American peo- regulations that could be swept in cost effective manner. ple. under this standard will benefit, and Can risk assessment and cost-benefit Unfortunately Mr. President, the Re- whether resources spent on the cost- analysis be useful tools to make our publican proposal before us today is benefit analysis will be well spent. Per- regulations more efficient and less bur- unashamedly aimed at our public haps we should subject the provisions densome? Yes, and under President health and safety and environmental of the Dole bill to a cost benefit analy- Clinton’s September 1993 Executive laws in the name of special interests. sis. order on regulatory planning and re- It is a direct attack by the Repub- With its petition process and look view, the Federal Government is using lican majority on the laws and regula- back provisions, the Dole bill will these tools appropriately and respon- tions that protect America’s natural allow any well financed bad actor to sibly. Unlike the Dole bill, the Presi- resources including those we take most paralyze an agency by flooding it with dent’s Executive order does not mis- for granted—laws that protect our petitions. This would prevent the agen- take a sometimes useful tool for the clean air and water and safe drinking cy from spending resources on develop- whole tool-box. water. It is a direct attack on the laws ing new rules, and from reviewing old As former Senator Robert Stafford— and regulations that protect the health rules—forcing a stay on enforcement the chairman of the Environment and and safety of the food and the medi- and the eventual sunset of rules. Public Works Committee when Repub- cines we buy every day, the toys we Its provisions on so called supple- licans controlled the Senate in the give to our children, the cars we drive, mental decision criteria create a 1980’s—put it: the places where we work. supermandate. Supporters of Dole/ We did not abolish slavery after a cost-ben- Supporters of Dole-Johnston will Johnston deny this claim. They insist efit analysis, nor prohibit child labor after a claim again and again over the course that the intent is not to supersede but risk assessment. We did those things because of this week, that it is only aimed at to supplement the decisional criteria money was only one way of expressing stopping regulatory excesses and at in other statutes. However, the bill value—and sometimes it is the least impor- making the Federal Government jus- clearly overrides other statutes includ- tant. tify the costs of the regulations it im- ing our health, safety and environ- When money becomes the only meas- poses. They will say that the Dole- mental laws because the supple- ure of value—as it would under the Johnston bill is aimed at restoring mentary standards would still have to Dole bill—we are in danger of losing common sense to the regulatory proc- be met. The Dole bill goes well beyond the things in life that really matter. ess. All this bill does, they will say, is sensible reform by establishing a goal You can’t put a price on saving lives, make the Government responsible by that is absolutely at odds with our re- preventing birth defects, avoiding making agencies consider the costs as sponsibility to improve the well-being learning disabilities, preserving na- well as the benefits of regulations. To of all the American people. It says that tional parks or saving the ozone layer. be opposed to this bill they will say is we should protect only those values Under the Dole-Johnston bill, the abil- to defend inefficient, irrational agency that can be measured in dollars and ity of our laws to protect public health decisions. cents—it is a corporate bean-counter’s and safety would depend upon a bu- Mr. President, the Dole-Johnston bill dream. Forget about saving lives, for- reaucrat’s estimate of the dollar value is not regulatory reform in the name of get about getting poison out of our air of a child’s learning disability, the pain efficiency and good government, it is and water, forget about preventing of cancer, or the loss of a life in an air- regulatory gridlock in the name of spe- birth defects, infertility and cancer—if craft accident. cial interests and corporate polluters. it you can’t put a price tag on it, it Mr. President, ultimately our respon- Republicans insist this bill is revolu- doesn’t count. sibility as legislators is to improve the tionary regulatory reform. The title of Its provisions on the toxic release in- lives of all the American people, not the Dole/Johnston bill is the Regu- ventory will significantly undermine a just the bottom line of the corpora- latory Reform Act of 1995. I think we community’s right to know who is pol- tions. should rename it for what it is—the luting and what kind of toxics are THE DOLE BILL IS NOT A RESPONSIBLE Lets Put Special Interest Profits Be- being released into the air. TRI is an REGULATORY REFORM BILL fore Health and Safety Act, or The effective cost-saving tool: Public scru- Republicans know they can’t risk the Regulatory Gridlock Act, or The Pol- tiny as a result of the information re- potential political consequences of an luters Protection Act, or The Special leased under the 1986 Emergency Plan- open attack on our environmental Interest Litigation Act. ning and Community Right to Know July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9707 Act has often prompted industry to water infected with cryptosporidium. a vote of 94–0 on the Senate floor and lower pollution levels without the need Will the Dole bill let our agencies designed into law by President Ronald for new Government regulations. termine that cryptosporidium poses a Reagan—people all across America All in all, Mr. President, the Dole/ significant harm, to the public? What if have been getting sick and even dying Johnston bill is a prescription for no 104 die as they did in 1993 in Milwau- from drinking tap water. Government protection. It does exactly kee? In 1987, 13,000 people became ill in the opposite of what’s advertised. If a woman has her mammogram read Carrollton, GA as a result of bacterial Another key aspect of the Dole/John- by someone who is poorly trained in contamination in their drinking water. ston bill is how it will affect our abil- mammography, is it of significant In 1990, 243 people became ill and 4 died ity to respond quickly to public health, harm to the public? It’s certainly sig- as a result of E-coli bacteria in the safety and the environment. nificant to the woman if that person drinking water in Cabool, MO. In 1992, The Dole bill will further delay the fails to detect a cancerous lump and to 15,000 people were sickened by contami- rulemaking procedures of the agencies other women who have mammograms nated drinking water in Jackson Coun- of the Department of Transportation, at that facility. ty, OR. And a year ago, 400,000 people particularly their ability to respond E-COLI in Milwaukee became ill and 104 died as promptly with new safety require- According to the Centers for Disease a result of drinking the water from ments. Control, E-coli in food makes 20,000 their taps which was infected with Many of the safety rules, particularly people severely ill every year and cryptosporidium. at FAA, already take too long. As the causes 500 deaths; that’s more than one A recent study completed by the Nat- FAA clearly knows, I have been con- death every day. Young children and ural Resources Defense Council ‘‘You cerned about air cabin safety since a the elderly are particularly vulnerable. Are What You Drink’’ found that from 1991 crash at Los Angeles airport when There is clearly an urgent need for ad- a sampling of fewer than 100 utilities 21 passengers died in a fire while trying ditional protection. that responded to their inquiries, over to exit the aircraft. We urged the FAA In January 1995, the U.S. Department 45 million Americans drank water sup- to require that the seat rows at the of Agriculture proposed a new rule that plied by systems that found the un- overwing exist be widened. The agency will modernize our food safety inspec- regulated contaminant had known since a 1985 crash in Eng- tion system for the first time since 1906 Cryptosporidium in their raw or treat- land that this was a problem, but it by requiring the use of scientific tested water. was not until 1992, 7 years after the ing to directly target and reduce harm- The solution? According to a Wall crash in England and nearly a year and ful bacteria. Street Journal article by Tim Fer- a half following the Los Angeles trag- Currently, meat inspectors do just as guson on June 27th titled ‘‘Drinking- edy did the agency issue a final rule. they did in 1906 to check for bad meat— Water Option Comes in a Bottle’’, the If these bills had been in law then, I they poke and sniff. No scientific sam- solution is for the American people to would not be surprised to still be wait- pling is required. Handling meat safely drink bottled water. He says: ing for the completion of the risk as- once we purchase it is not enough. Sellers (of bottled water) * * * have taken sessment and cost benefit analysis for The proposed regulation would re- water quality to a new level in a far more ef- this rulemaking. And the families of 21 quire keeping meat refrigerated at ficient manner than a Washington bureauc- passengers who died in the Los Angeles more steps during its processing, better racy is likely to do. Let us unscrew our bot- crash would still be waiting to know if procedures to prevent fecal contamina- tle caps and drink to the refreshment of any good had come out of their trag- tion, and testing to be sure that patho- choice. edy. gens like e-coli are controlled. On June 15th, 1995, two federal agen- Mr. President, we currently have What are the estimated benefits of cies, the Environmental Protection critically important regulations on e- this legislation? The preliminary im- Agency and the Centers for Disease coli, cryptosporidium and mammo- pact analysis by the USDA concluded Control and Prevention [CDC] warned grams that will grant the American that health benefits to the public that drinking tap water could be fatal people much needed health and safety would total $1 billion to $3.7 billion. to Americans with weakened immune protection. The Dole/Johnston bill The estimated cost of implementation systems and suggested that they take would delay and possibly prevent the of the regulation would be $250 million the precaution of boiling water before issuance of these regulations. per year for the first 3 years. I am consuming it. As the bill now stands, only those aware of the concerns of small business Dennis Juranek, associate director of rules which represent an emergency or about the potential impact of this reg- the division of parasitic diseases at the health or safety threat that is likely to ulation and I would urge the USDA to Centers for Disease Control and Pre- result in significant harm to the public do everything possible to mitigate the vention said: ‘‘We don’t know if the or natural resources would be exempt potential impact as effectively as pos- level of (cryptosporidium) in the water from the new requirements. sible rather than delay the rule. poses a public health threat, but we There is no definition of the terms The USDA held 11 public meetings, cannot rule out that there will be low significant or likely in the bill, making two 3-day conferences and received de- level transmission of the bacteria’’ to it unclear whether existing environ- tailed comments from the National Ad- people who consume the water directly mental and health regulations qualify visory Group for Microbiological Cri- from the tap. for an exemption. teria in Food. The CDC estimates that up to 6 mil- The Dole/Johnston bill has an exemp- The Dole/Johnston bill would among lion Americans could be affected be- tion for health and safety regulations other things require a new peer review cause they have weakened immune sys- that protect the public from significant process which would cause a 6 month tems: 3 to 5 million cancer patients, harm, but it does not define the term delay. Add to this that fact that the organ transplant recipients and indi- significant. Dole/Johnston peer review panel would viduals born with genetic immune defi- If one child dies as a result of eating not exclude individuals who have a ciencies, and 1 million persons infected contaminated meat, does that pose a conflict of interest. with HIV. significant harm to the public? It’s cer- CRYPTOSPORIDIUM—SAFE DRINKING WATER EPA is working on new regulations tainly significant to the child’s parents We have to ensure that one of the called the Enhanced Surface Water and to others who ate at the same res- most fundamental needs of any soci- Treatment Rule to better protect the taurant or bought meat at the same ety—safe drinking water—is available public’s drinking water against grocery store. to all Americans. cryptosporidium. If a person with a weakened immune Public health continues to be threat- The Dole/Johnston bill would delay system—for example a cancer patient, ened by contaminated drinking water. and possible prevent the issuance of an organ transplant recipient, an indi- Under the current law that is being the Enhanced Surface Water Treat- vidual born with genetic immune defi- criticized as overly costly and burden- ment rule—it would restrict risk as- ciencies, or a person infected with HIV some—a law approved by a Republican sessment to consideration of a best es- becomes ill and dies from drinking controlled EPW Committee, passed by timate of risk, defined as the average S 9708 CONGRESSIONAL RECORD — SENATE July 11, 1995 impacts on the population. It would ig- In 1992, Congress passed the Mam- The PRESIDING OFFICER (Mr. nore the potential health effects of mography Quality Standards Act in ASHCROFT). The Senator from Dela- drinking water contaminants upon order to establish national quality ware. children, infants, pregnant women, the standards for mammography facilities. Mr. BIDEN. Mr. President, I ask elderly, chronically ill people, and At the time, both the GAO and the unanimous consent that I be allowed 12 other persons who have particularly American College of Radiology testi- minutes in morning business. high susceptibility to drinking water fied before Congress that the former The PRESIDING OFFICER. Without contaminants. patchwork of Federal, State, and pri- objection, it is so ordered. According to the EPA, the Dole bill vate standards were inadequate to pro- f could preclude the timely data-gather- tect women. ing necessary to support the new pro- There were a number of problems at THE FALL OF SREBRENICA posed regulation. It could force EPA mammography facilities: poor quality Mr. BIDEN. Mr. President, I rise to- into a catch-22, in which data gather- equipment, poorly trained technicians night to deplore the fall of the Bosnian ing cannot proceed without a cost-ben- and physicians, a lack of regular in- City of Srebrenica. efit analysis that in the Dole bill re- spections, and facilities which told Almost 2 years ago, when Srebrenica quires up-front, the very data the EPA women they were accredited when in was under siege in the despicable pol- would need to collect. Even if the EPA fact they were not. icy of ethnic cleansing, instigated by was allowed to proceed with data col- The Mammography Quality Stand- President Milosevic of Serbia and exe- lection, the Dole bill’s elaborate, in- ards Act was passed to address these cuted by General Silajdzic and the flexible, time consuming risk assess- serious problems. Women’s health and leader of the Bosnian Serbs, Mr. ment and cost-benefit analysis proce- lives are at stake with this procedure. Karadzic, I met with Mr. Milosevic to dures would further hamper the EPA Quality standards are needed to ensure attempt to get into Srebrenica. I was from taking effective and timely ac- that they are getting the best care pos- unable to do that and went on up to tion with which the regulated commu- sible. Final regulations for the Mam- Tuzla where hundreds, eventually nity concurs, through negotiated rule- mography Quality Standards Act are thousands, of Bosnian Serbs and Croats making, to address the emergent expected in October. If the Dole bill were fleeing for their lives with all of threats of newly recognized waterborne passes, such regulations could be de- their possessions on their back and diseases. layed for years. Women would see their their families in tow. I met in Tuzla with a man and a MAMMOGRAPHY REGULATIONS health care diminished. Ten years ago woman in their early forties who told The Mammography Quality Stand- a survey by the Food and Drug Admin- istration found that over one-third of me they had to make a very difficult ards Act [MQSA] is an example of a decision as they fled over the moun- good and necessary regulation which the x-ray machines used for mammography produced substandard results. tains into Tuzla from Srebrenica, be- would be seriously delayed and under- cause they could not get back in. And mined by the Dole bill. We cannot go back. It is time for national quality standards. I was wondering what that terrible de- MQSA establishes national quality cision was they were about to tell me. CONCLUSION standards for mammography facilities, They pointed out they had left to die Mr. President, I would like to con- including the quality of films pro- on the mountain top in the snow the clude my remarks by saying again that duced, training for clinic personnel, man’s elderly mother who was 81. They supporters of the Dole/Johnston bill record-keeping and equipment. had to choose between taking their are clearly not listening to the Amer- The law was passed to address a wide kids or the mother-in-law, or the wife, ican people. The Dole/Johnston bill is a range of problems at mammography fa- who could make it, or no one making back door attack on our existing cilities: poor quality equipment, poorly it. health, safety and environmental laws trained technicians and physicians, The Bosnian Serb aggression and Ser- and will seriously weaken our ability false representation of accreditation, bian aggression—I know I sound like a to respond to current and future and the lack of inspections or govern- broken record, I have been speaking health, safety and environmental prob- mental oversight. about this for 2 years—seems to cause lems. One in nine women are at risk of very little concern in this country and The American people want regu- being diagnosed with breast cancer in the world. her lifetime. Breast cancer is the most latory reform that will create a regu- Mr. President, I think it is time for common form of cancer in American latory process that is less burdensome, an immediate and fundamental change women and the leading killer of women more effective, and more flexible. The in our policy in the former Yugoslavia. between the ages of 35 and 52. In 1995, American people want regulatory re- Mr. President, the news this morning an estimated 182,000 new cases of breast form that provides reasonable, logical, that the Bosnian Serbs have overrun, cancer will be diagnosed, and 46,000 and appropriate changes in the regu- finally, Srebrenica, one of the United women will die of the disease. Breast latory process that will eliminate un- Nations’ so-called safe areas, puts the self-examination and mammography necessary burdens on businesses, State, final nail in the coffin of a bankrupt are the only tools women have to de- and local governments and individuals. policy in the former Yugoslavia, begun tect breast cancer early, when it can be The American people want regulatory by the Bush administration and contin- treated with the least disfigurement reform that maintains our Federal ued with only minor adjustments by and when chances for survival are high- Government’s ability to protect the the Clinton administration. est. health and safety of the American Given the feckless performance of The quality of a mammogram can people. the United Nations in Bosnia, it is no mean the difference between life or In summary Mr. President, the surprise that the Bosnian Serbs con- death. If the procedure is done incor- American people want the passage of tinue to violate several United Nations rectly, and a bad picture is taken, then the Glenn/Chafee regulatory reform resolutions, and do it with impunity, a radiologist reading the x-ray may bill. and then thumb their nose at the en- miss seeing potentially cancerous f tire world and the peacekeeping force lumps. Conversely, a bad picture can there. show lumps where none exist and a MORNING BUSINESS In Srebrenica, the United Nations women will have to undergo the trau- Mr. DOLE. Mr. President, I ask there first disarmed the Bosnian Government ma of being told she may have cancer— now be a period for routine morning military. I want to remind everybody a situation known as a false positive. business with Members permitted to of that. The Bosnian Government mili- To get a good quality mammogram speak for not more than 10 minutes tary was in Srebrenica, as in other safe you need the right film and the proper each. areas, fighting the onslaught of Serbs equipment. To protect women under- The PRESIDING OFFICER. Without with heavy artillery. The solution put going the procedure, you also need the objection, it is so ordered. forward by the United Nations, after correct radiation dose. Mr. BIDEN addressed the Chair. having imposed an embargo on the July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9709 Bosnian Government, was to go in and That is nonsense. We are talking about should be given fair warning that if it take the weapons from the Bosnian a third-rate, poorly motivated, middle- tries to intervene, it, too, will receive Serbs, the Bosnian military in aged force that has to dragoon its re- immediate and disproportionate at- Srebrenica, in return for a guarantee of serves from the cafes of Belgrade to tacks on Serbia proper. protection for six safe areas. That was fight. There is no reason why our British, the deal. In reality, of course, this tiresome French, Dutch, and other NATO allies It was supposed to be putting the rhetoric has been a smokescreen for should object to this policy. If, how- city and the surrounding areas under doing nothing, for sitting back and ever, Mr. President, they do not wish the protection of the United Nations. watching this vile ethnic cleansing, to follow our lead, then we should re- Then the United Nations, of course, did mass rapes, cowardly sniping at chil- mind them that four years ago they not live up to its half of the bargain. dren, and other military tactics at wanted to handle this southern Euro- Its blue-helmeted peacekeepers were which the Bosnian Serbs excel. ‘‘How pean problem themselves. And we kept lightly armed and, as a con- regrettable,’’ the appeasers say pub- should say, ‘‘Well, good luck, it is now sequence, unable to withstand a licly. ‘‘But as long as these quarrel- your problem, handle it.’’ Bosnian Serb onslaught. NATO air some south Slavs contain their feuding I do not think for a minute, Mr. strikes were called for by the Dutch to Bosnia,’’ they add, ‘‘then it is noth- President, they will take on that re- blue hats. The United Nations con- ing to get too exercised about.’’ sponsibility. It is about time this cluded that this was not a good time to Well, Mr. President, it is something President and this administration undo that. NATO air strikes were eventu- to get exercised about. The derstands that we either should do it ally called in too late to have any ef- geostrategic reality of the 21st century our way or get out. fect. The safe area of Srebrenica proved is that the primary danger to peace Mr. President, nothing good can to be safe only for Serbian aggressors. will most likely come from regional come out of this latest fiasco in Srebrenica was filled with thousands ethnic crises. We must not allow cold- Bosnia. The United Nations has been of Moslem refugees from elsewhere in blooded aggressors like Karadzic and definitively discredited. NATO has eastern Bosnia, the victims of the vile Milosevic to get away with their ter- been defied. As usual, defenseless and Serbian practice that they refer to as rorism. Europe, unfortunately, has blameless Bosnian Moslems have been ethnic cleansing, the very people the other potential Karadzics and brutalized. United Nations pledged to protect in Milosevics. This madness must stop, Mr. Presi- return for them giving up what few After we lift the arms embargo on dent. We must change our policy imme- weapons they had. The United Nations Bosnia and Herzegovina, we should im- diately. Tomorrow is not soon enough. defaulted on its honor. It has disgraced mediately put into place a program to I yield the floor. itself. And these pathetic souls, al- train Bosnian Government troops, Mr. THOMPSON. Mr. President, I ready once driven from their ancestral probably in Croatia. want to join in the comments of my homes, are now reportedly fleeing We should make clear that we are distinguished colleague from Delaware. Srebrenica to an uncertain fate in un- not neutral parties in this conflict, we I could not agree with him more con- determined locations, and I expect are on the side of the aggrieved party, cerning the events of recent hours, and many will meet the fate of that family the Bosnian Government. as far as our policies are concerned I visited in Tuzla a year and a half ago. This does not require a single Amer- concerning those events in that part of Could the United Nations have saved ican troop to set foot in Bosnia and the country. Srebrenica? Of course it could have, if Herzegovina. I have been told time and What concerns me most about all of it only allowed NATO to do its job again that these folks cannot defend this is the credibility of the United promptly and fully. Perhaps the most themselves. Well, of course they cannot States of America. I am beginning to frustrating and maddening aspect of defend themselves, they have no weap- wonder if we have any credibility in the entire catastrophe is the fact that ons. any part of the world anymore. the Bosnian Serbs were able to defy We should make it clear, Mr. Presi- Following the disastrous U.N. lead, NATO, which has been hobbled by dent, that we are no longer signing on and to a certain extent the NATO lead being tied to the timorous U.N. civilian to this incredible policy that has been there, not getting them to go along command, led by Mr. Akashi. promoted in Europe. with sound policies and lifting the Mr. President, we must immediately We should call an emergency session arms embargo with their cooperation, change the course of our policy in the of the North Atlantic Council and tell one sad tale after another, we have former Yugoslavia. First of all, as I and our allies that NATO must imme- gone down a road of totally participat- others have been saying in this Cham- diately remove itself from the U.N. ing in the discrediting of the United ber for more than 2 years, we must lift chain of command in the former Yugo- Nations, of NATO, and our own coun- the illegal and immoral arms embargo slavia. The conflict there already con- try. on the Government of Bosnia and stitutes a clear and present danger to I think that the first step toward rec- Herzegovina. A resolution to that ef- the European members of the alliance. tifying that certainly is not putting fect, which I am cosponsoring, will be NATO does not need the blessing of the our own troops in there, but letting the introduced next week. I am confident United Nations to protect its members’ people defend themselves, which is all that it will pass with a comfortable vital interests. they say they want to do, lifting that majority. Furthermore, we should restate to arms embargo, stepping back and say- Mr. President, the fall of Srebrenica our NATO allies who have peacekeeping, ‘‘It is your problem. You solve it. has given the lie to pundits in the ing troops in Bosnia and Croatia that You take care of it.’’ United States—but especially in West- we will stand by President Clinton’s That is what they deserve to do. We ern Europe—who have ceaselessly is- commitment to extricate them, but cannot afford to stand by, through our sued dire warnings that if the United only if the entire operation is under policies, and let this murderous activ- States would unilaterally lift the arms the command of the Supreme Allied ity go on, and say to the world that we, embargo, the Bosnian Serbs would then Commander in Europe, a United States the strongest power in the world, sup- overrun the eastern enclaves. general, and only if the operation is posedly are going to countenance that Well, Mr. President, apparently, fully conducted under NATO rules of sort of thing and not use the many re- someone forgot to explain this causal engagement. sources, short of troops on the ground, relationship to the Serbs. I suppose the We should give immediate public that we have, to do something about apostles of appeasement will now say warning to the Bosnian Serbs and their such terrible activities. that if we lift the embargo, the patrons in Belgrade that any further f Bosnian Serbs will overrun the remain- locking-on of radar to American planes ing two enclaves, or maybe Sarajevo, flying over Bosnia will be cause for COMPREHENSIVE REGULATORY or maybe Western Europe. After all, total destruction of the Bosnian Serb REFORM ACT Mr. President, we have been led to be- radar facilities, which is fully, totally Mr. THOMPSON. Mr. President, I lieve that we are facing a juggernaut. within our capacity to do. Serbia rise tonight in support of S 9710 CONGRESSIONAL RECORD — SENATE July 11, 1995 S. 343, the Comprehensive Regulatory and issuing Federal rules. I think the otherwise reviewable agency action, to Reform Act of 1995. This bill is an es- American people would say that this consider the compliance of the agency sential part of our effort to make the approach is based in ordinary common with the requirements of this legisla- Federal Government run more effi- sense. This is how they make decisions tion. ciently and effectively, and curtail its on countless questions that come up in Mr. President, I will have more to ability to impose unnecessary burdens their own lives every single day. Do I say on the important subject of judi- on the American people. spend money for a newer, safer car, or cial review as this debate goes forward. We have already enacted laws that keep my old one? Do I put money aside S. 343 contains two other provisions will reduce unfunded mandates and the for retirement or do I spend it now? that will force Federal regulators to burdens of paperwork on State and Americans make calculations about produce sensible regulations also. The local governments, as well as the aver- the costs and benefits of their behavior first of these provisions, in my view is age citizen. We are moving decision- all the time. most important, that is chapter 8 of S. making back to the States in many im- And now, Americans are asking that 343, which authorizes congressional re- portant areas, because the States are the Federal Government approach view of regulations. My colleagues will closer to the people and to the prob- problems in this way too. They are recall that this language is virtually lems that need to be solved. We are asking regulators to make decisions as identical to the congressional review making real progress toward eliminat- if they were sitting around the kitchen bill that the Senate passed earlier this ing Federal departments and agencies table. They understand that the Fed- year in the place of a 1-year morato- that no longer serve a useful purpose. eral Government deals with com- rium on regulations. Most importantly, we are well on our plicated problems. What they don’t un- Section 801 gives the Congress 60 way to requiring that the Federal Gov- derstand is why the answers to these days to review a final rule before that ernment live within its means in the problems cannot be developed from the rule actually becomes effective. During form of a balanced budget. same process that they use at home. that time, Congress can determine This bill is the next logical step in Mr. President, so far, I have de- whether the rule is consistent with the this process of rethinking the role of scribed the method S. 343 lays out for law Congress passed in the first place. the Federal Government in everyday determining the costs and benefits of Perhaps more importantly, Congress life. This bill’s message is very simple. Federal regulations. Some of our col- can look at the rule to see if it makes It says: let Members make sure that leagues believe that S. 343 would be a good sense. I think that this process the Federal Government adequately pretty good bill if it just stopped right will not only hold the regulators’ feet protects the health and safety of every there. In my view, if we could trust the to the fire, but it will also keep Con- American. But, also make sure that, agencies to do the right thing, we could gress from passing laws that do not when agencies develop regulations to stop there. Unfortunately, recent his- work or are too costly. provide that protection, those regulatory tells us that the agencies some- S. 343 also makes Federal agencies tions are founded in good, common time need more encouragement to ac- accountable by requiring them to re- sense. Get out of the mindset that the tually do what is right. view periodically the rules that they Federal Government needs to regulate Since the early 1970’s, Presidents put on the books. Some rules that ad- everything in this country. And, set have asked Federal agencies to analyze dressed important needs a long time priorities, so that the Federal Govern- the costs and benefits of a regulation ago are no longer necessary. Some may ment addresses the most important before issuing it. On September 30, 1993, just need rethinking. In my view, this problems citizens face. President Clinton continued that long- is a healthy process for agencies to be How does this bill accomplish these standing tradition by putting in place engaged in on a regular basis. goals? Well, the bill requires agencies an Executive order. The philosophy and Mr. President, if all of this common to make accurate determinations principles contained in S. 343 largely sense is still not enough to get some of about the good a potential regulation mirror those in the Executive order of my colleagues to support this legisla- can bring about. In other words, how President Clinton. That is where the tion, perhaps a few statistics on the much disease or premature death can similarity stops. As with all Executive cost of Federal regulation will illus- be avoided? Or, how much less dan- orders, President Clinton’s specifically trate the need to reign them in. After gerous can a situation be made? In an- precludes judicial review as a way of all, Federal regulations operate as a swering these questions, the Federal forcing agencies to consider costs and hidden tax on every American. agency must be as precise as possible, benefits before issuing rules. It has been estimated that the total using the most carefully prepared and If Federal agencies were complying cost of Federal regulations is about up-to-date scientific information. with the Executive order, we would not equal to the Federal tax burden on the Then, the agency needs to look at the be here on the Senate floor tonight. American people—a cost of more than negative impact that very same regula- The fact is that they are not. When the $10,000 per household. One estimate of tion may have on Americans. For ex- whim suits them, Federal agencies the direct cost imposed by Federal reg- ample, how much more will the aver- comply with the Executive order. When ulations on the private sector and on age American have to pay for a par- it does not, they do not. In most cases, State and local governments in 1992 ticular product? Will some Americans agencies are not making careful assess- was $564 billion; another estimate put lose their jobs? Will some products no ments of the positive and negative im- the cost at $857 billion. longer be available to American people pacts of their regulations. When the total Federal regulatory at all? Will citizens have to spend a That is why, in my view, the judicial burden is broken down into parts, we greater amount of their leisure time review provisions of S. 343 are so im- find several staggering statistics. Eco- complying with Government man- portant—in fact, vital—to this legisla- nomic regulations—imposed largely on dates? Will preventing one disease tion. We must provide judicial review if the communications, trucking, and cause an increase in some other equal- the legal protections we enact in this banking industries—cost over $200 bil- ly dangerous disease? bill are to have any significance. Only lion a year. Paperwork costs—the cost Once all of these important questions the availability of judicial review will to merely collect, report, and maintain have been asked and answered, S. 343 ensure that agencies will analyze the information for Federal regulators— requires the Federal agency to put all costs and benefits of major rules, as add another $200 billion a year and of this information together and ask this bill requires. consume over 64 billion person hours the central question: Do the benefits of Mr. President, S. 343’s judicial review per year in the private sector. This fig- this rule outweigh the costs? Or, in provisions provide an essential tool for ure does not include the massive num- more simple terms: Does this rule citizens to hold their Government—and ber of hours Federal employees spend produce enough good things for our in particular unelected regulators—ac- on processing and evaluation informa- citizens to make the negative impacts countable. But, the bill does not—as its tion. tolerable? opponents charge—create new causes of Environmental regulation is esti- Mr. President, what I have just laid action that will clog the courts. This mated to cost $122 billion, which rep- out is S. 343’s approach to developing bill merely directs courts, reviewing resents approximately 2 percent of the July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9711 gross domestic product. And finally, in The statistics I have just reviewed some of the things that are happening 1992, safety and other social regula- make a sufficiently compelling case for in this country that we have to fix. The tions imposed costs ranging from $29 regulatory reform. But there is still buck stops right here, and only we can billion to $42 billion in 1992. more evidence to support the case for do it because we have passed these The numbers reflect the high costs of S. 343. Some of my colleagues have al- laws, and the regulators have gone far regulation to the private sector—and I ready described many examples of the beyond what Congress ever intended. should remind my colleagues that existing regulations that defy common I am the cochair of the Republican those costs must be borne by small sense. There are many more stories Task Force on Regulatory Reform. Be- businesses as well as the larger ones. that could be told. I would only like to cause of that, I have heard from lit- As we all know, a good portion of those add a couple to the growing list. erally hundreds of employers, from costs are passed through to all of us in One example of regulation gone wild Texas as well as small business people the form of higher prices. But we also can be found in the Environmental all over our country. I have heard doz- pay for the Government’s costs to ad- Protection Agency’s implementation of ens of absurd, even silly, examples of minister these regulations, and those the Federal Superfund Program. As the the impact of the Federal regulatory costs are soaring too. Members of this body well know, the excess in our daily lives. Measured in constant 1987 dollars, Superfund law requires the cleanup of Senator HATCH from Utah, who has Federal regulatory spending grew from some 1,200 toxic waste sites around the been managing the bill, has started $8.8 billion in 1980 to $11.3 billion by Nation. Under this program, the EPA talking about the 10 most absurd regu- 1992. In addition, by 1992, the Federal and private parties have spent billions lations of the day. He is now up to 20, Government employed 124,994 employ- of dollars with very little to show in and I am sure he is going to have 10 ees to issue and enforce regulations— the way of results. Few sites have actu- more tomorrow, that will just make an all-time high. ally been cleaned up. Of the ones that people wonder what in the world is in Higher prices and taxes are not the have been cleaned up, many have been the water up in Washington, DC. only result of government regulation. restored to a level of cleanliness that It is going to be a good question, and A recent study done for the U.S. Census far exceeds any real health risks to hu- I have a few myself that I want to Bureau found a strong correlation be- mans. share, to show the importance of pass- tween regulation and reduced produc- A March 21, 1993, article from the ing this bill, to try to take the harass- tivity. The study found that plants New York Times, describes the unreal- ment off the small business people of with a significant regulatory burden istic level of cleanup EPA required at our country. have substantially lower productivity one site. The many egregious stories about the rates than less regulated plants. And EPA officials said they wanted to make enforcement of some of these regula- that is one of the factors that I think the site safe enough to be used for any pur- tions have become legendary, and the is missing in our balanced budget de- pose—including houses—though no one was people are asking us to say, ‘‘time bate so often, Mr. President. propose to build anything there. With that out.’’ We are not the All Star baseball We talk about spending. We talk as the agency goal, the agency wanted to game tonight, but we know what time about taxes, as we must and as is prop- make sure children could play in the dirt, out is, at least for baseball, and this er. But we do not talk enough about even eat it, without risk. And since a chemi- time out is to get the regulatory train the need for growth and the need for cal in the dirt had been shown to cause can- back on the track. cer in rats, the agency set a limit low productivity. Unless we have produc- enough that a child could eat half a teaspoon Common law has relied on a reason- tivity in this country, unless we con- of dirt every month for 70 years and not get able person approach. The standard be- tinue to grow in this country, we will cancer. Last month, the EPA officials ac- hind our laws should be: What would a never balance the budget. We will knowledged that at least half of the $14 bil- reasonable person do under these cir- never balance the budget. And in order lion the nation has spent on Superfund cumstances? But many of our Federal to have that growth in productivity we clean-ups was used to comply with similar regulations seem to be designed to dic- must have investment. In order to have ‘‘dirt-eating rules,’’ as they call them. tate the way in which a person, reason- investment we must have savings. In Mr. President, in conclusion, burden- able or otherwise, must act in every order to have savings we must get a some Federal regulations are also im- single situation. You know that is im- handle on a ridiculous tax structure posed on small businesses. Dry clean- possible. You cannot anticipate every that we have in this country. We must ers, in particular, must clear a large single situation that might come up get a handle on the national debt. And number of hurdles just to begin operat- and write a regulation to cover that. we must do something about this regu- ing. According to the National Federa- What happens is you have too many latory burden. It all goes in together tion of Independent Businesses, as of regulations and people do not know and it all finds itself in the bottom line 1991, the Federal Government required what is really important. What are the of productivity. So we are really talk- a new dry cleaner to fill out and com- regulators going to really enforce? And ing about a budgetary matter here, in ply with nearly 100 forms and manuals what is just trying to get to some bit my estimation, as much as anything before it could open for business. of minutia? We have really taken the else. Yesterday, the Senate approved two reasonableness out of the equation, and Given all of these statistics, you important amendments to address the we have failed to allow for the applica- might assume that President Clinton special problems that all small busi- tion of good, old-fashioned common would cut back on Federal regulations. nesses, including dry cleaners, face. As sense. For that reason, this debate is This is what the American people have amended, S. 343 now requires regu- dominated by examples of Government been asking for. And, indeed, it is what latory agencies to review regulations out of control. President Clinton promised in his Na- imposed on small entities for cost ef- Let me give you a few. They may not tional Performance Review. In that re- fectiveness. rival Senator HATCH’s, but these are view, the President promised to ‘‘end Mr. President, I think the evidence is stories that have been related to me. the proliferation of unnecessary and clear that our Federal regulatory sys- Take the case of a plumbing company unproductive rules.’’ tem has become unreasonable and misin Dayton, TX, cited for not posting Instead of keeping that promise, guided. S. 343 will put it back on the emergency phone numbers at a con- President Clinton and his administra- right track and, therefore, I urge its struction site. The construction site tion have gone in the opposite direc- passage by my colleagues. was three acres of empty field being de- tion. For each of the first 2 years of the Mr. President, I yield the floor. veloped for low-income housing. OSHA Clinton administration, the number of The PRESIDING OFFICER. The dis- shuts the site down for 3 days until the pages of actual regulations and notices tinguished Senator from Texas. company constructs a freestanding published in the Federal Register ex- Mrs. HUTCHISON. Mr. President, I wall in order to meet the OSHA re- ceeded any year since the Carter adam very glad to follow the Senator quirement to post emergency phone ministration. Despite his rhetoric, from Tennessee. I think he made some numbers on a wall. President Clinton has increased, not very good points, and I think it is im- There is a roofing company in San decreased, the number of regulations. portant that the people of America see Antonio, TX, cited for not providing S 9712 CONGRESSIONAL RECORD — SENATE July 11, 1995 disposable drinking cups to their work- work for a living know and understand. current Federal regulations is esti- ers despite the fact that the company It is Congress that has refused to ac- mated at between $600 and $800 billion went to the additional expense of pro- knowledge how long overdue are the a year. viding sports drinks free to their em- fundamental reforms that we need to That is about the cost of the income ployees in glass containers which the bring common sense into the equation. tax. Corporate and individual taxes to- employees in turn used for drinking We must recognize that the Federal taled almost $700 billion in 1994. So if water. In this case you have a company Government cannot issue a rule that you put the stealth tax of regulation, that went the extra mile, went beyond will fix every problem which involves $600 to $800 billion a year on top of the just paper cups and water. They gave human behavior. income taxes that you pay, you can them the sports drink because that That is why one of the messages sent just double the checks that you wrote gets into the bloodstream faster. They by the American people in 1992, and on April 15. You can double it because did not meet the lesser standard and, again in 1994, was, ‘‘We have had that is the stealth tax, the cost of Fed- therefore, were cited by OSHA. enough, and you had better fix it.’’ eral regulatory compliance. Then there is the case of Mrs. Clay Mr. President, that is what we are We need fundamental change to the Espy, a rancher from Fort Davis, TX. trying to do with this bill. It is one of current regulatory process. The Regu- She allowed a student from Texas A&M the most important pieces of legisla- latory Reform Act of 1995 is what will to do research on the plants on her tion that we will take up this year in make this happen. ranch. He discovered a plant which he the reform that the people asked us to Businesses, especially small busi- thought to be endangered and reported make last year. Have we heard the nesses, are finding it increasingly dif- his finding. The Department of the In- message? That is really the question. I ficult to exist in this current regu- terior subsequently told Mrs. Espy that am not sure that everyone in Washing- latory environment—the same small she could no longer graze the cattle on ton really understands. I am a small business sector that is the engine of her family land. They had been grazing business person and I know what it is the economic growth of America. Gov- cattle there for over 100 years. But like to live with the regulations and ernment is not the economic engine of they were afraid that her cattle might the taxes that we have put on the America. It is the small business peo- eat this weed. Yes; eat the weed. It small business people of our country. ple of this country that are the eco- took a lawsuit and an expenditure of We must reverse this trend. Our Gov- nomic engine, and sometimes they over $10,000 by Mrs. Espy before the De- ernment must be put to the test. We think the Federal Government is try- partment reversed its ruling and de- must put our financial house in order, ing to keep them from growing and clared that the weed was not, in fact, and we must decrease the size of the prospering and creating the new jobs endangered. Federal Government and return many that keep this economy vital, so that Even more absurd, if you can believe of these programs to the States. we can absorb the new people into the it, is the Texas small businessman who The 10th amendment says that the system, the young people graduating happened to have painted his office the Federal Government will have certain from college, the immigrants that are day before an OSHA inspection, and he specific powers, and everything not coming to our shores for new opportu- was cited for not having a material specifically reserved to the Federal nities. We have to make sure that safety data sheet on his half-empty can Government will be left to the States those opportunities are there for our of Sherwin-Williams paint. and to the people. Somehow we have future generations. Then there is the employer cited at a lost track of the 10th amendment, and We have the responsibility to make job site, in which a hot roofing kettle we aim to get it back. And this bill, the sure that the regulators are doing what was in use, because the job foreman Comprehensive Regulatory Reform Act Congress intends for them to do. The was not wearing a long-sleeved shirt. of 1995, is one way that we are going to Regulatory Reform Act of 1995 is the The foreman was wearing a long- get this country back on track and put way to restore congressional intent sleeved shirt but he rolled up his the Government that is closest to the and hopefully, Mr. President, common sleeves between his wrists and his el- people down there in charge and to get sense. That is the mission that we bows because of the weather. the Washington bureaucrats—who have must have this year, so that the people Recently OSHA contacted a parent never been in small business, who real- of America know we heard their voices company of a chain of convenience ly do not understand what it is like to last year and we are going to make the stores in Texas threatening to conduct meet a payroll, to worry about your changes, however hard it may be, they compliance inspection after OSHA employees, to not be sure if you are asked us to make. learned two employees had gotten into going to be able to feed the families So, Mr. President, regulatory reform an argument and someone had thrown that work for you—we are going to is a very important step that we must a punch and struck the other. Well, in make sure that the Federal bureau- take. We must balance the budget. We Texas, that is not a big, unusual event, crats that do not understand that are must have regulatory reform. We must I have to say. But it was unusual to the no longer in control. have a fair taxation system. We must OSHA representative who demanded a If we are going to be able to compete not raise taxes, but, in fact, we will complete report of the incident and in the global marketplace, we have to lower taxes and give the people back threatened to follow up with a compli- change the regulatory environment. the money they rightfully earn and ance inspection if the report was not We passed this year GATT and NAFTA should be able to spend for themselves. completely satisfactory and timely. last year. We did that to open markets. Mr. President, I thank you for help- Mr. President, these numerous horror We wanted to open free trade in the ing us lead this country and do the stories which have come forward since world so that we would be able to ex- right thing for the working people who we began our efforts for regulatory report more. We will import more, too, are trying so hard to raise their fami- form provide convincing, I hope, evi- but we will export more. But we have lies and do a little better for their fam- dence of a Government regulatory told American business, yes, we are ilies than maybe they were able to get process that is out of control. It dem- going to give you free trade, but we are as they were growing up. onstrates the need to introduce com- going to make you compete with one I thank the Chair, and I yield the mon sense and reasonableness into a arm tied behind your back. We are floor. system where these qualities seem to going to put so many regulatory ex- I suggest the absence of a quorum. be sorely lacking. cesses on you that we are going to The PRESIDING OFFICER. The These cases also highlight the way drive up the prices and the costs, and clerk will call the roll. the regulatory excess has been allowed you are not going to be able to compete The legislative clerk proceeded to to drift into absurdity. When was it de- in this global economy that we have call the roll. cided and by whom that the Federal created for you. Mrs. HUTCHISON. Mr. President, I Government should become the na- Let us put in perspective just how ask unanimous consent that the order tional nanny? Indeed, the absurd is be- much this costs the businesses of our for the quorum call be rescinded. coming the norm as millions of Ameri- country. The businesses are the work- The PRESIDING OFFICER. Without cans who operate small businesses and ing people. The cost of complying with objection, it is so ordered. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9713 TRIBUTE TO DAVID H. SAWYER— By 1988, Mr. Sawyer’s clients included four nia and certain other activities with- 1936–1995 Senators, Daniel Patrick Moynihan, John D. out the requirement of a waiver. Rockefeller 4th, Edward M. Kennedy and Mr. MOYNIHAN. Mr. President, I rise As required by law, I am submitting John Glenn, six Governors as well as leading an updated Report to Congress con- today to pay tribute to David H. Saw- politicians in the Philippines and Israel. yer, a pioneer in the field of political One notable turnaround engineered by his cerning emigration laws and policies of consulting, a brilliant analyst, and a firm, D. H. Sawyer & Associates (later the Romania. You will find that the report dear friend. David died on July 2, 1995, Sawyer-Miller Group) was in the 1987 guber- indicates continued Romanian compli- in New York City. His presence will be natorial primary in Kentucky, where his cli- ance with U.S. and international stand- sorely missed by all those who knew ent, Wallace Wilkinson, started out with ards in the area of emigration policy. him. about 5 percent in the polls and went on to WILLIAM J. CLINTON. win against two strong contenders. THE WHITE HOUSE, July 11, 1995. ‘‘A pioneer in the ways to cope with Mr. Sawyer based his strategy then and f the weaker party machines of the later on polling studies of the electorate. In 1970s,’’ according to the New York the case of Kentucky voters, both major op- EXECUTIVE AND OTHER Times. In an interview he once defined ponents of Mr. Wilkinson had advocated tax COMMUNICATIONS his work this way, ‘‘I don’t manipulate increases and attacked each other bitterly. voters, because I can’t—they’re too so- In place of higher taxes, the Sawyer- The following communications were phisticated. I’m much more interested Wilkinson strategy advocated a state lot- laid before the Senate, together with tery. accompanying papers, reports, and doc- in the nature of communication itself. In a 1984 interview for the Inc. Publishing How do you create a dialogue with the uments, which were referred as indi- Company, Mr. Sawyer defined his work this cated: electorate? How do you control the dy- way: ‘‘I don’t manipulate voters, because I EC–1140. A communication from the Direc- namic of the campaign? Set the agenda can’t—they’re too sophisticated. I’m much tor of the Standards Conduct Office, Depart- for discussion? Answer an opponent’s more interested in the nature of communica- ment of Defense, transmitting, pursuant to tion itself. How do you create a dialogue charges? Those are my issues. You law, a report relative to DD Form 1787; to with the electorate? How do you control the have to get way inside a campaign be- the Committee on Armed Services. fore you can resolve them, too.’’ dynamic of the campaign? Set the agenda for EC–1141. A communication from the Gen- His firm, D.H. Sawyer and Associ- discussion? Answer an opponent’s charges? eral Counsel of the Department of Defense, Those are my issues. You have to get way in- ates, later renamed the Sawyer-Miller transmitting, a draft of proposed legislation side a campaign before you can resolve them, to provide for alternative means of acquiring Group, took some of the mystery out of too.’’ how to succeed in today’s complicated and improving housing and supporting facili- A Democrat, Mr. Sawyer worked only for ties for unaccompanied members of the electoral process. David brought a dy- Democratic candidates, but he had no prob- Armed Forces; to the Committee on Armed namic and insightful approach to polit- lem dispensing advice to big corporate cli- Services. ical campaigns. He was able to under- ents, including Coca-Cola, Apple Computer, EC–1142. A communication from the Execu- stand and connect with voters, and to Goldman Sachs, Time Warner and Resorts tive Director of the Thrift Depositor Protec- deliver his candidate’s message in a International. tion Oversight Board, transmitting, pursu- Colleagues, headed by Scott Miller, bought ant to law, the financial statement of the simple but absorbing manner. I came out Mr. Sawyer’s ownership interest in his to know David during my 1982 re-elec- Resolution Trust Corporation for 1994; to the firm, which had a staff of 40, in 1993. In that Committee on Banking, Housing and Urban tion campaign, and he has been a loyal same year he opened a political-economic Affairs. and trusted advisor on every campaign consulting firm called the G.7 Group. By this EC–1143. A communication from the First since. time there were more than 200 political con- Vice President and Vice Chairman of the Ex- David helped to open up the govern- sulting firms across the country and more port-Import Bank, transmitting, pursuant to ments of Eastern Europe and Latin than 3,000 people working in the field. law, a statement regarding a transaction in- David Haskell Sawyer was born June 13, volving U.S. exports to Colombia; to the America by introducing mass commu- 1936, in Boston. After earning a bachelor of nication into their electoral processes. Committee on Banking, Housing and Urban arts degree at Princeton University in 1959, Affairs. In an interview with the Los Angeles he made documentary films, working in the EC–1144. A communication from the Direc- Times he described this concept as cinema verite´ genre with Frederick Wiseman tor of the Office of Management and Budget, ‘‘electronic democracy,’’ and went on and Richard Leacock. One film dealt with Executive Office of the President, transmit- to say: ‘‘Because of mass communica- rural poverty in Maine. Another feature, ting, pursuant to law, a report relative to ditions and the legacy of the ’60s, people ‘‘Other Voices,’’ about mental health pa- rect spending or receipts legislation within now speak out, people can and will be tients, was nominated in 1970 for an Acad- five days of enactment; to the Committee on emy Award for best documentary. He was the Budget. heard. Eastern Europe in 1989 and 1990 drawn into political consulting in the early happened because information had got- EC–1145. A communication from the Sec- 1970’s in Illinois, where he did some film retary of Agriculture, transmitting, a draft ten through. What people think about work for an elected official. of proposed legislation to amend the Food their institutions is crucial to the in- He is survived by his wife, the former Nell Stamp Act of 1977, as amended; to the Com- stitutions’ ability to govern.’’ Michel; a son, Luke, and two stepsons, An- mittee on Agriculture, Nutrition and For- David leaves his wife, Nell; a son, drew and Gavin McFarland, all of New York; estry. Luke; two stepsons, Andrew and Gavin; his mother, Mrs. Edward Brewer of Hartford; EC–1146. A communication from the Under his mother Mrs. Edward Brewer; his a brother, Edward of Cleveland, and a sister, Secretary of Defense, Acquisition and Tech- Penny Sawyer, of New York. brother Edward; and a sister Penny. He nology and the Director of Operational Test will be greatly missed by those who f and Evaluation, transmitting, pursuant to law, a report relative to fire testing of the love him. REPORT ON THE EMIGRATION new attack submarine; to the Committee on I ask unaminous consent that the LAWS AND POLICIES OF ROMA- Armed Services. full text of the article from the New NIA—MESSAGE FROM THE EC–1147. A communication from the Gen- York Times be printed in the RECORD. PRESIDENT—PM 63 eral Counsel of the Department of Defense, There being no objection, the article transmitting, a draft of proposed legislation was ordered to be printed in the The PRESIDING OFFICER laid be- to amend section 404 of title 37, United RECORD, as follows: fore the Senate the following message States Code, to eliminate the requirement that travel mileage tables be prepared under [From the New York Times, July 4, 1995] from the President of the United States, together with an accompanying the direction of the Secretary of Defense; to DAVID H. SAWYER DIES AT 59; INNOVATOR IN the Committee on Armed Services. POLITICAL STRATEGY report; which was referred to the Com- mittee on Finance: EC–1148. A communication from the Presi- (By David Binder) dent and Chairman of the Export-Import WASHINGTON, July 3.—David H. Sawyer, a To the Congress of the United States: Bank, tranmsititng, pursuant to law, a re- pioneer in the field of political consulting On May 19, 1995, I determined and report relative to a transaction involving U.S. that burgeoned in the 1970’s and 1980’s as ported to the Congress that Romania is exports to India; to the Commiteee on Bank- party machines lost their clout in choosing in full compliance with the freedom of ing, Housing and Urban Affairs. EC–1149. A communication from the Execu- electoral candidates, died on Sunday in New emigration criteria of sections 402 and York Hospital. He was 59 and lived in Man- tive Director of the Thrift Depositor Protec- hattan. 409 of the Trade Act of 1974. This action tion Oversight Board, transmitting, pursu- He had been under treatment for several allowed for the continuation of most- ant to law, the annual report of the Over- weeks for a brain tumor, his family said. favored-nation (MFN) status for Roma- sight Board for calendar year 1994; to the S 9714 CONGRESSIONAL RECORD — SENATE July 11, 1995 Committee on Banking, Housing and Urban EXECUTIVE REPORTS OF 2. Spouse, none. Affairs. COMMITTEES 3. Children and Spouses: Thomas and Pris- EC–1150. A communication from the Execu- cilla Hobbs, none. tive Director of the Thrift Depositor Protec- The following executive reports of 4. Parents: Albert and Frances Hobbs, tion Oversight Board, transmitting, pursu- committees were submitted: none. ant to law, the annual report of the Resolu- By Mr. HELMS, from the Committee on 5. Grandparents: Deceased. tion Funding Corporation for calendar year Foreign Relations: 6. Brothers and Spouses: James Hobbs, 1994; to the Committee on Banking, Housing David C. Litt, of Florida, a Career Member none. and Urban Affairs. of the Senior Foreign Service, Class of Coun- 7. Sisters and Spouses: Jean McKeever, EC–1151. A communication from the Sec- selor, to be Ambassador Extraordinary and none; Linda and Steven McLure, none; Anna retary of Housing and Urban Development, Plenipotentiary of the United States of and Michael Citrino, none; and Sandra and transmitting, pursuant to law, a report rel- America to the United Arab Emirates. Brad Bach, none. ative to the status of the nonprofit housing (The following is a list of all members of sector; to the Committee on Banking, Hous- my immediate family and their spouses. I William J. Hughes, of New Jersey, to be ing and Urban Affairs. have asked each of these persons to inform Ambassador Extraordinary and Pleni- EC–1152. A communication from the Ad- me of the pertinent contributions made by potentiary of the United States of America ministrator of the Energy Information Ad- them. To the best of my knowledge, the in- to the Republic of Panama. (The following is a list of all members of ministration, Department of Energy, trans- formation contained in this report is com- my immediate family and their spouses. I mitting, pursuant to law, a report entitled plete and accurate.) have asked each of these persons to inform ‘‘International Energy Outlook 1995’’; to the Nomineee: David C. Litt. me of the pertinent contributions made by Committee on Energy and Natural Re- Post: United Arab Emirates. them. To the best of my knowledge, the in- sources. Contributions, Amount, Date, and Donee: formation contained in this report is com- EC–1153. A communication from the Chair- 1. Self: David C. Litt, none. 2. Spouse: Beatrice Litt, none. plete and accurate.) man of the United States Enrichment Cor- Nominee: William J. Hughes. poration, transmitting, a draft of proposed 3. Children and Spouses: Barbara Litt, and Giorgio Litt, none. Post: Ambassador to Panama. legislation to amend the Atomic Energy Act Nominated: February 2, 1995. of 1954 to provide for the privatization of the 4. Parents: Girard Litt (deceased) and Shir- ley Litt, none. Contributions, Amount, Date, and Donee. United States Enrichment Corporation; to 1. Self: William J. Hughes, $500 November 5. Grandparents: Louis Litt (deceased), the Committee on Energy and Natural Re- 8, 1994, Magazzu for Congress. Anna Litt (deceased), Henry Suloway (de- sources. 2. Spouse: Nancy L. Hughes, none. EC–1154. A communication from the Ad- ceased), and Fanny Suloway (deceased). 3. Children and spouses: Nancy L. Hughes ministrator of the Energy Information Ad- 6. Brothers and Spouses: none. and Douglas Walker, none. Barbara A. Sulli- 7. Sisters and Spouses: Leslie Klein (di- ministration, Department of Energy, trans- van and Barry K. Sullivan: $25.00, 9/22/94, Ben vorced), none; Bonnie Litt, none; and James mitting, pursuant to law, a report relative to Jones; $25.00, 10/26/94, Richard Gephardt; Paddack, none. foreign direct investment in U.S. energy; to $25.00, 8/04/93, Richard Gephardt; $25.00, 6/24/ the Committee on Energy and Natural Re- 92, Richard Gephardt; $25.00, 9/8/92, DNC Fed’l Patrick Nickolas Theros, of the District of sources. Acc’t. Tama B. Hughes, Dante A. Ceniccola, Columbia, a Career Member of the Senior f Jr., and William J. Hughes, Jr., none. Foreign Service, Class of Minister-Counselor, 4. Parents: William W. Hughes (deceased) to be Ambassador Extraordinary and Pleni- REPORTS OF COMMITTEES and Pauline Hughes Menaffey (deceased). potentiary of the United States of America 5. Grandparents: John Hughes (deceased), The following reports of committees to the State of Qatar. Belinda Hughes (deceased), Joseph Neicen were submitted: (The following is a list of all members of (deceased), and Mary Neicen (deceased). my immediate family and their spouses. I 6. Brothers and spouses: Daniel V. and Sue By Mr. MURKOWSKI, from the Committee have asked each of these persons to inform on Energy and Natural Resources, without D. Hughes, none. me of the pertinent contributions made by 7. Sisters and spouses: Charlotte and Ber- amendment: them. To the best of my knowledge, the in- S. 92. A bill to provide for the reconstitu- nie Keiffer, none; Paula and Arnold Green, formation contained in this report is com- none. tion of outstanding repayment obligations of plete and accurate.) the Administrator of the Bonneville Power Nominee: Patrick Nickolas Theros. Michael William Cotter, of the District of Administration for the appropriated capital Post: Ambassador to Qatar. Columbia, a Career Member of the Senior investments in the Federal Columbia River Contributions, Amount, Date, and Donee: Foreign Service, Class of Counselor, to be Power System (Rept. No. 104–102). 1. Self, $250, September 26, 1994, Senator Ambassador Extraordinary and Pleni- S. 283. A bill to extend the deadlines under Sarbanes and $75, October 6, 1994, Senator potentiary of the United States of America the Federal Power Act applicable to two hy- Snowe. to the Republic of Turkmenistan. droelectric projects in Pennsylvania, and for 2. Spouse: Aspasia (none). (The following is a list of all members of other purposes (Rept. No. 104–103). 3. Children and age: Nickolas, 17 (none); my immediate family and their spouses. I S. 468. A bill to extend the deadline under Marika, 15 (none); and Helene, 13 (none). have asked each of these persons to inform the Federal Power Act applicable to the con- 4. Parents: Father: Nickolas (deceased 1976) me of the pertinent contributions made by struction of a hydroelectric project in Ohio, and Mother: Marika (deceased 1956). them. To the best of my knowledge, the in- and for other purposes (Rept. No. 104–104). 5. Grandparents: Paternal grandfather: formation contained in this report is com- S. 543. A bill to extend the deadline under Patrikios (deceased, 1910); paternal grand- plete and accurate.) the Federal Power Act applicable to the con- mother: Chrysse (deceased, 1949); maternal Nominee: Michael William Cotter. struction of a hydroelectric project in Or- grandfather: Michael Condoleon (deceased, Post: Ambassador to Turkmenistan. egon, and for other purposes (Rept. No. 104– 1942); and maternal grandmother: Paraskevi Contributions, Amount, Date, and Donee: 105). Condoleon (deceased, 1929). 1. Self: Michael W. Cotter, none. S. 547. A bill to extend the deadlines appli- 6. Brothers and spouses: (None—I am an 2. Spouse: Joanne M. Cotter, none. cable to certain hydroelectric projects under only child). 3. Children and spouses: none. the Federal Power Act, and for other pur- 7. Sisters and spouses: (None—I am an only 4. Parents: Patrick W. Cotter: $35, 2/15/90, poses (Rept. No. 104–106). child). RNC; $25, 5/7/90, Sensenbrenner for Congress S. 552. A bill to allow the refurbishment Committee; $35, 7/27/90, RNC; $35, 12/26/90, and continued operation of a small hydro- David L. Hobbs, of California, a Career RNC; $35, 1/30/91, RNC of Wisconsin; $35, 1/30/ electric facility in central Montana by ad- Member of the Senior Foreign Service, Class 91, RNC; $35, 12/28/91, RNC; $35, 2/2/92, RNC; justing the amount of charges to be paid to of Minister-Counselor, to be Ambassador Ex- $25, 5/28/92, RNC; $50, 6/9/90, Moody for Con- the United States under the Federal Power traordinary and Plenipotentiary of the Unit- gress Cmte.; $25, 7/16/92, Kasten for Senate Act, and for other purposes (Rept. No. 104– ed States of America to the Co-operative Re- Cmte.; $50, 8/12/92, Marotta for Congress 107). public of Guyana. Cmte.; $50, 9/17/92, RNC; $25, 9/30/92, Sensen- S. 595. A bill to provide for the extension of (The following is a list of all members of brenner for Congress Cmte.; $35, 1/28/93, RNC; a hydroelectric project located in the State my immediate family and their spouses. I $50, 2/11/93, Republican Majority Campaign; of West Virginia (Rept. No. 104–108). have asked each of these persons to inform $35, 4/22/93, RNC of Wisconsin; $40, 1/27/94, S. 611. A bill to authorize extension of time me of the pertinent contributions made by RNC; $25, 7/28/94, RNC; $25, 7/28/94, Newman limitation for a FERC-issued hydroelectric them. To the best of my knowledge, the infor Congress Cmte.; $25, 9/29/94, Newman for license (Rept. No. 104–109). formation contained in this report is com- Congress Cmte. Lois K. Cotter, none. S. 801. A bill to extend the deadline under plete and accurate.) 5. Grandparents: William and Clara Cotter the Federal Power Act applicable to the con- Nominee: David L. Hobbs. (deceased); George and Eleanora Schaus (destruction of two hydroelectric projects in Post: Guyana. ceased). North Carolina, and for other purposes Contributions, Amount, Date, and Donee: 6. Brothers and spouses: Timothy and (Rept. No. 104–110). 1. Self, none. Laura Cotter, none; Patrick S. Cotter, none. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9715 7. Sisters and spouses: none. 6. Brothers and spouses: James F. and me of the pertinent contributions made by Bente N. Menzies, None. them. To the best of my knowledge, the in- Victor Jackovich, of Iowa, a Career Mem- 7. Sisters and spouses: None. formation contained in this report is com- ber of the Senior Foreign Service, Class of plete and accurate.) Minister-Counselor, to be Ambassador Ex- John Todd Stewart, of California, a Career Contributions, amount, date, and donee: traordinary and Plenipotentiary of the Unit- Member of the Senior Foreign Service, Class 1. Self: None. ed States of America to the Republic of Slo- of Minister-Counselor, to be Ambassador Ex- 2. Spouse: Jane E.C. Brynn, none. venia. traordinary and Plenipotentiary of the Unit- 3. Children and spouses: Names: Sarah, Ed- (The following is a list of all members of ed States of America to the Republic of ward, Kiernan, Anne, and Justin, none. my immediate family and their spouses. I Moldova. 4. Parents: Names: Walter Brynn and Mary have asked each of these persons to inform (The following is a list of all members of C. Brynn (deceased). me of the pertinent contributions made by my immediate family and their spouses. I 5. Grandparents: Names: Soeren and Agnes them. To the best of my knowledge, the in- have asked each of these persons to inform Brynn (deceased); Names: Laurence and formation contained in this report is com- me of the pertinent contributions made by Ellen Callahan (deceased). plete and accurate.) them. To the best of my knowledge, the in- 6. Brothers and Spouses: Names: Thomas Nominee: Victor Jackovich. formation contained in this report is com- and Claudia Brynn, none; David and Louise Post: Ambassador of Slovenia. plete and accurate.) Brynn, none; and Lawrence and Heather Contributions, Amount, Date, and Donee: Contributions, amount, date, and donee: Brynn, none. 1. Self: None. 1. Self and 2. Spouse: My wife Georgia E. 7. Sisters and Spouses: Names: Katherine 2. Spouse: Radmila Jackovich, None. Stewart and I jointly contributed $50 on and Charles Walther, none; and Mary Anne 3. Children and spouses: Jacob Jackovich, April 16, 1992, to the campaign of Dixon and Terence O’Brien, none. None. 4. Parents: Victor Jackovich and Mary Arnett, a candidate in the Republican primary in the 14th Congressional District of John L. Hirsch, of New York, a Career Jackovich, None. Member of the Senior Foreign Service, Class 5. Grandparents (deceased). California. 3. Children and spouses: Names: John An- of Minister-Counselor, to be Ambassador Ex- 6. Brothers and spouses: no brothers. traordinary and Plenipotentiary of the Unit- 7. Sisters and spouses: Janet and Sam drew Stewart and wife, Kristin, none; Fred- ed States of America to the Republic of Si- Clark, $10, monthly (1992), employees’ PAC; erick R. Stewart, none; and Elizabeth W. erra Leone. $50, 1992, Ron Staskiewicz (R) for U.S. House Stribling (stepdaughter), none. 4. Parents: John Harvey Stewart and Elea- (The following is a list of all members of of Representatives; $750, 1994, Jean Stence my immediate family and their spouses. I (R) for Governor of Nebraska. nor R. Stewart, both deceased. 5. Grandparents: John Harvey Stewart, Sr. have asked each of these persons to inform me of the pertinent contributions made by A. Elizabeth Jones, of Maryland, a Career and Anne M. Stewart, both deceased; Morris them. To the best of my knowledge, the in- Member of the Senior Foreign Service, Class W. Robinson and Ada T. Robinson, both de- formation contained in this report is com- of Minister-Counselor, to be Ambassador Ex- ceased. plete and accurate.) traordinary and Plenipotentiary of the Unit- 6. Brothers and spouses: None. 7. Sisters and spouses: None. Contributions, amount, date, and donee: ed States of America to the Republic of 1. Self: None. Kazakhstan. Peggy Blackford, of New Jersey, a Career 2. Spouse; Rita V., none. (The following is a list of all members of 3. Children and spouses: Names: None. Member of the Senior Foreign Service, Class my immediate family and their spouses. I 4. Parents: Names: William P. Hirsch, de- of Counselor, to be Ambassador Extraor- have asked each of these persons to inform ceased; Elizabeth I. Hirsch, deceased. me of the pertinent contributions made by dinary and Plenipotentiary of the United 5. Grandparents: Names: Joseph Hirsch, de- them. To the best of my knowledge, the in- States of America to the Republic of Guinea- ceased; Clementine Hirsch, deceased; and formation contained in this report is com- Bissau. Ella Rosenschein, deceased. plete and accurate.) (The following is a list of all members of 6. Brothers and spouses: Names: Max Nominee: A. Elizabeth Jones. my immediate family and their spouses. I Rosenschein, deceased. Post: Almaty, Kazakhstan. have asked each of these persons to inform 7. Sisters and spouses: Names: Susan E. Contributions, Amount, Date, and Donee: me of the pertinent contributions made by Hirsch, not married, none. 1. Self: A. Elizabeth Jones, none. them. To the best of the knowledge, the in- 2. Spouse: Thomas A. Homan, none. formation contained in this report is com- Vicky J. Huddleston, of Arizona, a Career 3. Children and Spouses: Todd W. Homan- plete and accurate.) member of the Senior Foreign Service, Class Jones and Courtney A. Homan-Jones, none. Contributions, amount, date, and donee: of Counselor, to be Ambassador Extraor- 4. Parents: William C. Jones III, none; Sara 1. Self: None. F. Jones: $30, 1993, Ntl. Democratic Cmt.; $50, dinary and Plenipotentiary of the United 2. Spouse: Not applicable. States of America to the Democratic Repub- 1994, Sen. Robb Campaign; $50, 1994, Dem. 3. Children and spouses: No applicable. Senator Campaign Committee. lic of Madagascar. 4. Parents: Deceased. The following is a list of all members of 5. Grandparents: Richard B. and Mabel C. 5. Grandparents: Deceased. my immediate family and their spouses. I Ferris, deceased; Clyde C. and Eunice E. 6. Brother and Spouse: Names: Barry and have asked each of these persons to inform Jones, deceased. Francis Lefkowitz, $250, August 25, 1991, me of the pertinent contributions made by 6. Brothers and spouses: none. Nader for Presidential; $50, January 28, 1992, them. To the best of my knowledge, the in- 7. Sisters and Spouses: Kathleen F. Jones, Feinstein for Senate; $250, August 26, 1992, formation contained in this report is com- none; Don Perovich, none; Sara M. Jones, Friends of Congressman Chris Smith; $250, plete and accurate. none; Robert Rooy, none; Diana J. Thomas, October 13, 1992, Friends of Congressman none; and Brett Thomas, none. Nominee: Vicky Huddleston. James Saxton; $35, October 13, 1992, Roma for Post: Antananarivo. Congress; $50, October 28, 1992, Kyrillos for John K. Menzies, of Virginia, a Career Contributions, amount, date, and donee: Congress; $35, October 30, 1992, LoBiondo for 1. Self: None. Member of the Senior Foreign Service, Class Congress; $500, October 6, 1993, Marks for of Counselor, to be Ambassador Extraor- 2. Spouse: Robert W. Huddleston, none. Senate; $500, December 20, 1993, Haytaian for 3. Children and spouses: Names: Robert S. dinary and Plenipotentiary of the United Senate; $13, January 8, 1994, Congressman States of America to the Republic of Bosnia Huddleston, none, and Alexandra D. Huddle- Andrews Breakfast Club; $100, February 11, ston, none. and Herzegovina. 1994, Cape May Country Dem. Organization; (The following is a list of all members of 4. Parents: Howard S. Latham, $10, April $80, February 23, 1994, Friends of Cardinale; my immediate family and their spouses. I 1992, Republican National Senate Campaign $100, April 15, 1994, LoBiondo for Congress; have asked each of these persons to inform Committee, and Duane L. Latham, none. $150, May 10, 1994, Andrews for Congress; $200, 5. Grandparents: Names: Marion and Pau- me of the pertinent contributions made by May 21, 1994, Gallo for Congress; $250, May 21, line Latham, deceased, and Edward and Mary them. To the best of my knowledge, the in- 1994, Lowe for Congress; $224, August 15, 1994, Dickinson, deceased. formation contained in this report is com- Lowe for Congress; and $200, August 21, 1994, 6. Brothers and spouses: Names: Gary and plete and accurate.) Haytaian—US Senate. Nominee: John Karl Menzies. Louise Latham, none; Jeff Latham, none; Post: Ambassador to Bosnia. 7. Sisters and Spouses: Not applicable. and Steve and Dana Latham, none. Contributions, amount, date, and donee: 7. Sisters and spouses: none. 1. Self: John K. Menzies, None. Edward Brynn, of Vermont, a Career Mem- 2. Spouse: Elizabeth A. McNamara, None. ber of the Senior Foreign Service, Class of Elizabeth Raspolic, of Virginia, a Career 3. Children: Lauren, Alexandra, and Mor- Minister-Counselor, to be Ambassador Ex- member of the Senior Foreign Service, Class gan Menzies: None. traordinary and Plenipotentiary of the Unit- of Counselor, to be Ambassador Extraor- 4. Parents: James S. and Iridell A Menzies, ed States of America to the Republic of dinary and Plenipotentiary of the United None. Ghana. States of America to the Gabonese Republic 5. Grandparents: William and Florence H. (The following is a list of all members of and to serve concurrently and without addi- Menzies, deceased; Frederick and Mabel W. my immediate family and their spouses. I tional compensation as Ambassador Extraor- Fisher, deceased. have asked each of these persons to inform dinary and Plenipotentiary of the United S 9716 CONGRESSIONAL RECORD — SENATE July 11, 1995 States of America to the Democratic Repub- none—no spouse; Michael J. Simpson, none— Melissa Buchanan Arkley, of Texas. lic of Sao Tome and Principe. no spouse; and Holly A. Simpson, none—no Barbara L. Armstrong, of Georgia. The following is a list of all members of spouse. Brian David Bachman, of Virginia. my immediate family and their spouses. I 4. Parents names: Howard A. Simpson, de- Carolyn R. Bargeron, of Maryland. have asked each of these persons to inform ceased; and Gladys E. Simpson, none. Mary Monica Barnicle, of Illinois. me of the pertinent contributions made by 5. Grandparents names: Maternal: Clarence Erica J. Barks, of Virginia. them. To the best of my knowledge, the in- and Emma Potts, both deceased; paternal: Russell Alton Baum, Jr., of California. formation contained in this report is com- William and Wilhelmina Simpson, both de- Keith Dermont Bennett, of Washington. plete and accurate. ceased. Donald Scott Boy, of Massachusetts. Nominee: Elizabeth Raspolic. 6. Brothers and spouses: No brothers. Jeremy Beckley Brenner, of Connecticut. Post: Gabon. 7. Sisters and spouses: No sisters. David Kerry Brown, of Washington. Contributions, amount, date, and donee: Ravi S. Candadai, of Washington. 1. Self: $500, (estimate), 1992–94, Emily’s James E. Goodby, of the District of Colum- Lisa G. Conner, of California. List (PAC) and suggested candidates. bia, for the rank of Ambassador during his David Francis Cowhig, Jr., of Virginia. 2. Spouse: Not applicable. tenure of service as Principal Negotiator and Theodore J. Craig, of Virginia. 3. Children and spouses: Not applicable. Special Representative of the President for Jeffrey R. Dafler, of Ohio. 4. Parents: Names: Anton Raspolic, de- Nuclear Safety and Dismantlement. Jason Davis, of Alaska. ceased and Mildred Raspolic, deceased. (The above nominations were re- Grant Christian Deyoe, of Maryland. 5. Grandparents: Names: Joseph Raynovic, Benjamin Beardsley Dille, of Minnesota. deceased and Edward and Lillian Raynovic, ported with the recommendation that James Edward Donegan, of New York. deceased. they be confirmed, subject to the nomi- Elizabeth Ann Fritschle Duffy, of Missouri. 6. Brothers Name: Anthony Raspolic, de- nees’ commitment to respond to re- Thomas M. Duffy, of California. clines to provide information for reason of quests to appear and testify before any Liisa Ecola, of Illinois. privacy. Andrew S.E. Erickson, of California. 7. Sisters and spouses: Not applicable. duly constituted committee of the Sen- ate.) Sarah J. Eskandar, of Tennessee. Oscar R. Estrada, of Florida. John M. Yates, of Washington, a Career Mr. HELMS. Mr. President, for the Katherine E. Farrell, of Indiana. Member of the Senior Foreign Service, Class Committee on Foreign Relations, I also Tamara K. Fitzgerald, of Colorado. of Minister-Counselor, to be Ambassador Ex- report favorably a nomination list in Recebba L. Gaghen, of Montana. traordinary and Plenipotentiary of the Unit- the Foreign Service which was printed Kira Maria Glover, of California. ed States of America to the Republic of in full in the CONGRESSIONAL RECORD of Ruth W. Godfrey, of Florida. Benin. Steven Arthur Goodwin, of Arizona. The following is a list of all members of June 26, 1995, and ask unanimous consent, to save the expense of reprinting Elizabeth Perry Gourlay, of South Caro- my immediate family and their spouses. I lina. have asked each of these persons to inform on the Executive Calendar, that this nomination lie at the Secretary’s desk Peter D. Haas, of Illinois. me of the pertinent contributions made by Matthew T. Harrington, of Georgia. them. To the best of my knowledge, the infor the information of Senators. Andrew B. Haviland, of Iowa. formation contained in this report is com- The PRESIDING OFFICER. Without Margaret Deirdre Hawthorne, of Illinois. plete and accurate. objection, it is so ordered. James William Herman, of Washington. Nominee: John M. Yates. (The nominations ordered to lie on Lawrence Lee Hess, of Washington. Post: Ambassador to Benin. Debra Lendiewicz Hevia, of New York. Contributions, amount, date, and donee: the Secretary’s desk were printed in Jack Hinden, of California. 1. Self: None. the RECORD of June 26, 1995 at the end 2. Spouse: None. of the Senate proceedings.) Richard Holtzapple, of California. 3. Children and spouses: Names; Catherine, Natalie Ann Johnson, of Arizona. The following-named Career Member of the Marion Louise Johnston, of California. none; John S. none; Maureen, none; Paul, Foreign Service for promotion into the Sen- none; and Leon Greg, none. Keith C. Jordan, of Ohio. ior Foreign Service to the class stated, and Richard M. Kaminski, of Nevada. 4. Parents: Names: Leon G. Yates (deceased for the appointment as Consular Officer and 1992) and Violet M. Yates, $25.00, 1990 and Anne Katsas, of Massachusetts. Secretary as indicated: Jonathan Stuart Kessler, of Texas. 1991, Republican Party; $10.00, 1994, Repub- Career Member of the Senior Foreign Serv- lican Party. Pamela Francis Kiehl, Pennsylvania. ice of the United States of America, Class of Karin Margaret King, of Ohio. 5. Grandparents: All deceased more than 25 Counselor; and Consular Officer and Sec- years. John C. Kmetz, of Kansas. retary in the Diplomatic Service of the Unit- Michael B. Koplovsky, of Massachusetts. 6. Brothers and spouses: Names: Leon ed States of America: James and Delphine Yates, none; David Ar- Samuel David Kotis, of New York. thur and Dolly Yates, none; Robert Loren DEPARTMENT OF AGRICULTURE Marnix Robert Andrew Koumans, of New Yates, none; Wilbur Allen and Karen Yates, John H. Wyss, of Texas. Hampshire. (1) one percent of salary (approximately $400/ The following-named persons of the agen- Steven Herbert Kraft, of Virginia. $500 annually) to Carpenters Legislative Im- cies indicated for appointment as Foreign Kamala Shirin Lakhdhir, of Connecticut. provement Committee; (2) $50, 1990, 1992, and Service officers of the classes stated, and John M. Lipinski, of Pennsylvania. 1994, Representative Tom Foley; (3) $25, 1992, also for the other appointments indicated Gayle Waggoner Lopes, of Nebraska. Representative Maria Cantwell; Dale Morris herewith: Donald Lu, of California. and Sandy Yates, none; and Larry Bruce and For appointment as Foreign Service Offi- Pamela J. Mansfield, of Illinois. Dubravka Ana Maric, of Connecticut. Linda Yates, none. cers of Class Two, Consular Officers and Sec- 7. Sisters and spouses: Names: Pearl and retaries in the Diplomatic Service of the William John Martin, of California. Paul Wiechmann, none; Ruth and Earl Enos, United States of America: Williams Swift Martin, IV, of the District of Columbia. $10, 1992 and 1994, Democratic Party; and DEPARTMENT OF COMMERCE Marilee and George Martin, none. John J. Meakem, III, of New York. David J. Murphy, of Massachusetts. Carlos Medina, of New York. For appointment as Foreign Service Offi- Alexander Jacob Meerovich, of Pennsylva- Daniel Howard Simpson, of Ohio, a Career cers of Class Three, Consular Officers and Member of the Senior Foreign Service, Class nia. Secretaries in the Diplomatic Service of the Mario Ernesto Merida, of Colorado. of Minister-Counselor, to be Ambassador Ex- United States of America: traordinary and Plenipotentiary of the Unit- James P. Merz, of Maryland. ed States of America to the Republic of DEPARTMENT OF COMMERCE Andrew Thomas Miller, of Michigan. Zaire. Janice A. Corbett, of Ohio. Keith W. Mines, of Colorado. (The following is a list of all members of Michael P. Keaveny, of California. Gregg Morrow, of New Hampshire. my immediate family and their spouses. I Gregory D. Loose, of California. Edward R. Munson, of Utah. have asked each of these persons to inform Rebecca L. Mann, of Florida. Joyce Winchel Namde, of California. me of the pertinent contributions made by For appointment as Foreign Service Offi- Robert S. Needham, of Florida. them. To the best of my knowledge, the in- cers of Class Four, Consular Officers and Sec- Stacy R. Nichols, of Tennessee. formation contained in this report is com- retaries in the Diplomatic Service of the Joseph L. Novak, of Pennsylvania. plete and accurate.) United States of America: Stephen Patrick O’Dowd, of Virginia. Nominee: Daniel H. Simpson. DEPARTMENT OF COMMERCE Sandra Springer Oudkirk, of Florida. Nedra A. Overall, of California. Post: Ambassador to Zaire. Donald G. Nay, of Colorado. Contributions, amount, date, and donee: Susan Page, of Washington. 1. Self: None. DEPARTMENT OF STATE Mark A. Patrick, of New Mexico. 2. Spouse: Elizabeth D. Simpson, none. Anne Marie Kremidas Aguilera, of New Mary Catherine Phee, of the District of Co- 3. Children and spouses names: Andrew D. Hampshire. lumbia. Simpson, none—no spouse; Mark H. Simpson, Jake Cosmos Aller, of Washington. Brian Hawthorne Phipps, of Florida. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9717 Theodore Stuart Pierce, of New York. Gregory Paul Macris, of Florida. sions testing system that was expen- Jeffrey D. Rathke, of Pennsylvania. Arthur H. Marquardt, of Michigan. sive, burdensome, and ineffective. Even Whitney A. Reitz, of Florida. Charles M. Martin, of Virginia. though the Clean Air Act itself does Timothy P. Roche, of Virginia. Joel Forest Maybury, of California. Daniel A. Rochman, of Nebraska. Sean Ian McCormack, of Maine. not mandate centralized testing, the Daniel Edmund Ross, of Texas. Heather D. McCullough, of Arkansas. EPA decided that, to prevent fraud, all Nicole D. Rothstein, of California. Julie A. Nickles, of Florida. cars would have to be tested at a State Kristina Luise Scott, of Iowa. Patricia D. Norland, of the District of Co- facility. It cost Texas over $100 million, Brian K. Self, of California. lumbia. but has been found to cause little or no Dorothy Camille Shea, of Oregon. Elizabeth Anne Noseworthy, of Delaware. additional reduction in emissions. Apar Singh Sidhu, of California. Barry Clifton Nutter, of Virginia. Tests have found auto emissions vir- John Christopher Stevens, of California. Wayne M. Ondiak, of Virginia. tually unchanged when similar central- Leilani Straw, of New York. Patrick Raymond O’Reilly, of Connecticut. Mona K. Sutphen, of Texas. Dale K. Parmer, Jr., of Virginia. ized programs were initiated in other Landon R. Taylor, of Virginia. Kay Elizabeth Payne, of Virginia. metropolitan areas. Decentralized test- Alaina B. Teplitz, of Missouri. Terence J. Quinn, of Virginia. ing is far less burdensome on drivers; James Paul Theis, of South Dakota. Timothy Meade Richardson, of Virginia. instead of centralized testing at State- Michael David Thomas, of Virginia. Edwina Sagitto, of Missouri. supervised facilities, private repair sta- Gregory Dean Thome, of Wisconsin. Mark Andrew Shaheen, of Maryland. tions and remote sensing could be used Susan Ashton Thornton, of Tennessee. Ann G. Soraghan, of Virginia. at far less cost without loss of effec- Leslie Meredith Tsou, of Virginia. Ronald L. Soriano, of Connecticut. tiveness. Thomas L. Vajda, of Tennessee. Karen K. Squires, of Illinois. Chever Xena Voltmer, of Texas. Cynthia A. Stockman, of Maryland. The fewer than 10 percent of the vehi- Eva Weigold-Hanson, of Minnesota. James F. Sullivan, of Florida. cles that account for more than half of Matthew Alan Weiller, of New York. Wilfredo A. Torres, of Virginia. all emissions do not emit the same Colwell Cullum Whitney, of the District of Horacio Antonio Ureta, of Florida. amount of pollutants from day to day. Columbia. Miguel Valls, Jr., of Virginia. They often escape penalties by failing David C. Wolfe, of Texas. Javier C. Villarreal, of Virginia. tests on one day, and then passing on Anthony C. Woods, of Texas. Lesley Moore Vossen, of Maryland. the next. Testing should focus on iden- Thomas K. Yadgerdi, of Florida. Philip G. Wasielewski, of Virginia. tifying and repairing these vehicles Joseph M. Young, of Pennsylvania. Joel D. Wilkinson, of Idaho. Marta Costanzo Youth, of New Jersey. Secretary in the Diplomatic Service of the first, and reducing the burden on ev- The following-named Members of the For- United States of America: eryone else. eign Service of the Departments of State and Sean D. Murphy, of Maryland. Cities with a high portion of their Commerce and the United States Informa- The following-named individual for pro- emissions from cars and trucks—such tion Agency to be Consular Officers and/or motion in the Senior Foreign Service to the as Dallas/Fort Worth in Texas—have Secretaries in the Diplomatic Service of the class indicated, effective October 6, 1991: been unable to reduce their emissions United States of America, as indicated: Career Member of the Senior Foreign Serv- because of the EPA’s mishandling of Consular Officers and Secretaries in the ice of the United States of America, Class of the Clean Air Act’s automobile emis- Diplomatic Service of the United States of Minister-Counselor: sions testing requirements. They de- America: James J. Blystone, of Virginia. Vicki Adair, of Washington. serve adequate notice of what will be f Stephen E. Alley, of the District of Colum- expected; an effective, low-cost, and ef- bia. INTRODUCTION OF BILLS AND ficient plan; and sufficient time to Victoria Alvarado, of California. JOINT RESOLUTIONS comply. Travis E. Anderson, of Virginia. The choice by the 1990 Clean Air Act Patricia Olivares Attkisson, of Virginia. The following bills and joint resolu- Amendments of a 1996 attainment date Courtney E. Austrian, of the District of Co- tions were introduced, read the first for moderate areas requires attainment lumbia. and second time by unanimous con- before implementation plans can be Barbara S. Aycock, of the District of Co- sent, and referred as indicated: lumbia. put in place, and air quality improve- Douglas Michael Bell, of California. By Mrs. HUTCHISON: ments shown. Today I am introducing Robert Gerald Bentley, of California. S. 1021. A bill to amend the Clean Air Act a bill to give moderate nonattainment Jerald S. Bosse, of Virginia. to extend the primary standard attainment 2 additional years to meet the attain- Bradley D. Bourland, of Virginia. date for moderate ozone nonattainment ment date for air quality. Steven Frank Brault, of Washington. areas, and for other purposes; to the Com- mittee on Environment and Public Works. An extension of the deadline gives Eric Scott Cohan, of Virginia. Dallas/Fort Worth, and other moderate Luisa M. Colon, of Virginia. By Mr. FEINGOLD (for himself, Mr. Patricia Ann Comella, of Maryland. BRADLEY, and Mr. WELLSTONE): nonattainment areas throughout the Clayton F. Creamer, of Maryland. S. 1022. A bill to amend the Internal Reve- United States, a chance to prove them- Thomas Edward Daley, of Illinois. nue Code of 1986 to eliminate the percentage selves without being reclassified as se- Mark Kristen Draper, of Washington. depletion allowance for certain minerals, rious non-attainment areas. It will give Jeanne M. Eble, of Maryland. and for other purposes; to the Committee on cities time to implement plans next Eric Alan Flohr, of Maryland. Finance. year and still have 2 more years to David William Franz, of Illinois. f meet the 3-consecutive-year require- Justin Paul Freidman, of Virginia. ment for air quality attainment. The 2- Stacey L. Fulton, of Virginia. STATEMENTS ON INTRODUCED year extension also will give the EPA Susan Herthum Garrison, of Florida. BILLS AND JOINT RESOLUTIONS William Robert Gill, Jr., of Virginia. time to overhaul its Clean Air Act Carolyn B. Glassman, of Illinois. By Mrs. HUTCHISON: automobile inspection and mainte- David L. Gossack, of Washington. S. 1021. A bill to amend the Clean Air nance program and administer it fairly Theresa Ann Grencik, of Pennsylvania. Act to extend the primary standard at- across the country. Richard Spencer Daddow Hawkins, of New tainment date for moderate ozone non- Dallas/Fort Worth has worked hard Hampshire. attainment areas, and for other pur- to improve its air quality, as I am sure Catherine B. Jazynka, of the Mariana Is- poses; to the Committee on Environ- lands. other moderate nonattainment cities Richard M. Johannsen, of Alaska. ment and Public Works. have, too. With the exception of en- Arturo M. Johnson, of Florida. THE CLEAN AIR ACT MODERATE NON- hanced monitoring, Dallas/Fort Worth Joanne Joria-Hooper, of South Carolina. ATTAINMENT EXTENSION ACT has improved air quality; almost half Natalie Joshi, of Virginia. Mrs. HUTCHISON. Mr. President, I of the 145 tons per day emission reduc- Erica Jennifer Judge, of New York. am committed to improving our air tion requirement to achieve attain- Jacquelyn Janet Kalhammer, of Virginia. quality, but we can’t expect cities to ment under the computer model are in Kimberly Christine Kelly, of Texas. meet arbitrary deadlines for air quality place today. Many of the largest em- Robert C. Kerr, of New York. Farnaz Khadem, of California. attainment if the EPA is going to ham- ployers have implemented voluntary Helen D. Lee, of Virginia. per rather than help their efforts. employee trip reduction programs. In Nancy D. LeRoy, of the District of Colum- The EPA required, as part of its en- order to provide moderate areas with bia. hanced monitoring program, an emis- the flexibility necessary for the proper S 9718 CONGRESSIONAL RECORD — SENATE July 11, 1995 implementation of the Clean Air Act, times the amount of the original in- tively encourages mining regardless of and to take into account Federal mis- vestment. the true economic value of the re- takes in administering this program, I There are two methods of calculating source. The effects of such mines on urge the Senate to enact this change as a deduction to allow a firm to recover U.S. lands, both public and private, has soon as possible. the costs of their capital investment: been significant—with tailings piles, cost depletion, and percentage deple- scarred earth, toxic byproducts, and By Mr. FEINGOLD (for himself, tion. Cost depletion allows for the re- disturbed habitats to prove it. Mr. BRADLEY, and Mr. covery of the actual capital invest- Ironically, as my earlier description WELLSTONE): ment—the costs of discovering, pur- highlights, the more toxic the com- S. 1022. A bill to amend the Internal chasing, and developing a mineral re- modity, the greater the percentage de- Revenue Code of 1986 to eliminate the serve—over the period which the re- pletion received by the producer. Mer- percentage depletion allowance for cer- serve produces income. Using cost de- cury, lead, uranium, and asbestos retain minerals, and for other purposes; pletion, a company would deduct a por- ceive the highest percentage depletion to the Committee on Finance. tion of their original capital invest- allowance, while less toxic substances ELIMINATION OF THE PERCENTAGE DEPLETION ment minus any previous deductions, receive lower rates. ALLOWANCE in an amount that is equal to the frac- Particularly in the case of the four Mr. FEINGOLD. Mr. President, I am tion of the remaining recoverable re- commodities covered by my bill, these pleased to introduce S. 1022, legislation serves. Under this method, the total tax breaks create absurd contradic- to eliminate percentage depletion al- deductions cannot exceed the original tions in Government policy. The bulk lowances for four mined substances— capital investment. of the tax break shared by these four asbestos, lead, mercury, and uranium— However, under percentage depletion, commodities goes to support lead pro- from the Federal Tax Code. This meas- the deduction for recovery of a compa- duction. Federal public health and en- ure is based on language passed as part ny’s investment is a fixed percentage of vironmental agencies are struggling to of the Energy Policy Act of 1992 by the gross income—namely, sales revenue— come to grips with a vast children’s other body during the 102d Congress. I from the sale of the mineral. Under health crisis caused by lead poisoning. am joined in introducing this legisla- this method, total deductions typically Nearly 9 percent of U.S. preschoolers, tion by my colleague from New Jersey, exceed, let me be clear on that point, 1.7 million children, have levels of lead Mr. BRADLEY, and my colleague from Mr. President, exceed the capital that in their blood higher than the gen- Minnesota, Mr. WELLSTONE. the company invested. erally accepted safety standard. Fed- Analysis by the Joint Committee on The rates for percentage depletion eral agencies spend millions each year Taxation on the similar legislation are quite significant. Section 613 of the to prevent lead poisoning, test young that passed the House estimated that, United States Code contains depletion children, and research solutions. At the under that bill, income to the Federal allowances for more than 70 metals and same time, the percentage depletion al- Treasury from the elimination of per- minerals, at rates ranging from 10 to 22 lowance subsidizes the mining of lead centage depletion allowances in just percent—which is the rate used for all with a 22-percent depletion allowance. these four mined commodities would uranium and domestic deposits of as- Lest we think that our nearly 15-year- total $83 million over 5 years, $20 mil- bestos, lead, and mercury. Lead and old ban on lead in paint, or the end of lion in this year alone. These savings mercury produced outside of the Unit- the widespread use of lead in gasoline are calculated as the excess amount of ed States are eligible for a percentage has solved our lead problems, exposure Federal revenues above what would be depletion at a rate of 14 percent. Asbes- problems still exist. In 1993, 390 million collected if depletion allowances were tos produced in other countries by U.S. tons of lead were produced in this limited to sunk costs in capital invest- companies is eligible for a 10-percent country, with a value of $275 million, ments. These four allowances are only allowance. according to the U.S. Bureau of Mines. a few of the percentage depletion al- Mr. President, in today’s budget cli- Some 82 percent of the production lowances contained in the Tax Code for mate we are faced with the question of came from 29 plants with annual capac- extracted fuel, minerals, metal, and who should bear the costs of explo- ities of more than 6,000 tons. There other mined commodities—with a com- ration, development, and production of continue to be major uses of lead in the bined value, according to 1994 esti- natural resources: all taxpayers, or the production of storage batteries, gaso- mates by the Joint Committee on Tax- users and producers of the resource? line additives and other chemicals, am- ation, of $4.8 billion. Given that we face significant budget munition, and solder. Even more iron- Mr. President, these percentage de- deficits, these subsidies are simply a ic, Mr. President, though the recovery pletion allowances were initiated by tax expenditure that raise the deficit and recycling of lead from scrap bat- the Corporation Excise Act of 1909. for all citizens or shift a greater tax teries was approximately 780 tons— Provisions for a depletion allowance burden to other taxpayers to com- twice the newly mined production—the based on the value of the mine were pensate for the special tax breaks pro- recycling industry received no such tax made under a 1912 Treasury Depart- vided to some industries. subsidy. ment regulation, but difficulty in ap- Mr. President, the measure I am in- To cite another example, hardly any plying this accounting principle to troducing, despite the fact that taxes individual in this body has not been mineral production led to the initial seem complicated, is fairly straight- acutely aware of the public health codification of the mineral depletion forward. It eliminates the percentage problem posed by asbestos. These com- allowance in the Tariff Act of 1913. The depletion allowance for asbestos, lead, pounds were extensively used in build- Revenue Act of 1926 established per- mercury, and uranium while continuing trades and have resulted in tens of centage depletion much in its present ing to allow companies to recover rea- thousands of cases of lung cancer and form for oil and gas. The percentage sonable cost depletion. fibrous disease in asbestos workers. As depletion allowance was then extended Though at one time there may have many as 15 million school children and to metal mines, coal, and other been an appropriate role for a Govern- 3 million school workers have the po- hardrock minerals by the Revenue Act ment-driven incentives for enhanced tential to be exposed because of the in- of 1932, and has been adjusted several mineral production, there is now a suf- stallation of asbestos containing mate- times since. ficiently large budget deficit which jus- rials in public buildings between 1945 Percentage depletion allowances tifies a more reasonable depletion al- and 1978. The EPA has already banned were historically placed in the Tax lowance that is consistent with those the use of asbestos in many building Code to reduce the effective tax rates given to other businesses. and flame retardant products, and will in the mineral and extraction indus- Moreover, Mr. President, these four phase out all other uses over the next tries far below tax rates on other in- commodities covered by my bill are 5 years. Asbestos fibers are released at dustries, providing incentives to in- among some of the most environ- all stages of mining, use, and disposal crease investment, exploration, and mentally adverse. The percentage de- of asbestos products. The EPA esti- output. However, percentage depletion pletion allowance makes a mockery of mates that approximately 700 tons per also makes it possible to recover many conservation efforts. The subsidy effec- year are released into the air during July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9719 mining and milling operations. It cer- Federal Government continuing to pro- our tax system anymore. And do you tainly seems quite peculiar to this Sen- vide taxpayer subsidies for the produc- know what Mr. President? They are ator, that a commodity, the use of tion of toxic substances like lead while right. Over the years our national Tax which the Federal Government will ef- our inner cities are struggling to re- Code has become riddled with cor- fectively ban before the year 2000, con- move lead-based paint from older porate tax breaks, loopholes, and out- tinues to receive a hearty tax subsidy. homes and buildings where children right giveaways, costing the Federal Mr. President, the time has come for may be exposed to this hazardous ma- Government over $400 billion each the Federal Government to get of the terial. I deeply appreciate their support year; Mr. President—talk about the business of subsidizing business in and encouragement for my efforts in gift that keeps on giving. These are tax ways it can no longer afford—both fi- this area. dollars that we forego—money that has nancially and for the health of its citi- Mr. President, I ask unanimous con- to be made up somewhere, and all too zens. This legislation is one step in sent that a copy of the legislation be often ends up costing American fami- that direction. printed in the RECORD. lies of modest means even more. Mr. President, in our efforts to re- There being no objection, the bill was These tax loopholes and corporate duce the Federal deficit and achieve a ordered to be printed in the RECORD, as giveaways are like trying to fill up a balanced budget, it is critical that we follows: bucket with water, but the bucket has look at tax expenditures that provide S. 1022 hundreds of holes that let the water special subsidies to particular groups, Be it enacted by the Senate and House of Rep- dribble out from every corner. You can such as those proposed to be eliminated resentatives of the United States of America in turn on the spigot and put more and in this legislation. Tax expenditures Congress assembled, more and more water into the bucket, are among the fastest growing parts of SECTION 1. CERTAIN MINERALS NOT ELIGIBLE but until the holes are plugged you’ll the Federal budget. According to the FOR PERCENTAGE DEPLETION. never keep the water where it belongs. General Accounting Office, these tax (A) GENERAL RULE.— That’s what this bill does; it begins expenditures already account for some (1) Paragraph (1) of section 613(b) of the In- to plug some of the tax holes. This bill $400 billion each year. GAO has rec- ternal Revenue Code of 1986 (relating to per- removes a special tax break that only a centage depletion rates) is amended— ommended that Congress begin scruti- (A) by striking ‘‘and uranium’’ in subpara- very few businesses have in this coun- nizing these areas of the budget as graph (A), and try—companies that mine lead, mer- closely as we do direct spending pro- (B) by striking ‘‘asbestos,’’, ‘‘lead,’’, and cury, uranium, and asbestos. It’s called grams. Earlier this year, the Senator ‘‘mercury,’’ in subparagraph (B). the special percentage depletion allow- from Minnesota [Mr. WELLSTONE] and I (2) Subparagraph (A) of section 613(b)(3) of ance, and it allows mining companies introduced a sense-of-the-Senate reso- such Code is amended by inserting ‘‘other to deduct 22 percent of their profits lution calling for imposing the same than lead, mercury, or uranium’’ after from their income each and every year kind of fiscal discipline in the area of ‘‘metal mines’’. for each and every mine they operate. (3) Paragraph (4) of section 613(b) of such tax expenditures that we do for other Code is amended by striking ‘‘asbestos (if Twenty-two percent, Mr. President. areas of the Federal budget, an issue paragraph (1)(B) does not apply),’’. Now I know of lots of small business that the Senator from New Jersey [Mr. (4) Paragraph (7) of section 613(b) of such operators in Minnesota who would love BRADLEY] has championed for some Code is amended by striking ‘‘or’’ at the end to have that kind of special allowance time as well. I am particularly pleased of subparagraph (B), by striking the period for their business—but they don’t have to have the Senator from New Jersey at the end of subparagraph (C) and inserting it. Those who mine these minerals have and the Senator from Minnesota join ‘‘, or’’, and by inserting after subparagraph it. me in this effort today. As GAO noted (C) the following new subparagraph: A twenty-two percent tax break—and ‘‘(D) mercury, uranium, lead, and asbes- for what? So miners can dig hazardous in its report last year, ‘‘Tax Policy: tos.’’ Tax Expenditures Deserve More Scru- (b) CONFORMING AMENDMENTS.—Subpara- heavy metals like lead and mercury tiny’’, many of these special tax provi- graph (D) of section 613(c)(4) of such Code is out of the ground? Do we give tax sions are never subjected to reauthor- amended by striking ‘‘lead,’’ and ‘‘ura- breaks to companies that take these ization or any type of systematic re- nium,’’. dangerous metals out of our environ- view. Once enacted, they become en- (c) EFFECTIVE DATE.—The amendments ment and recycle them? Why are we shrined in the Tax Codes and are dif- made by this section shall apply to taxable giving a tax break to companies that ficult to dislodge. years beginning after December 31, 1995. mine asbestos to encourage them to dig Of the 124 tax expenditures identified Mr. WELLSTONE. Mr. President, I more out of the ground when in just a by the Joint Tax Committee in 1993, am very pleased to be able today to few years the use of asbestos will be about half were enacted before 1950— speak on behalf of the bill that the dis- banned altogether? Why give a 22-per- nearly half a century ago. Clearly, in tinguished Senator from Wisconsin has cent tax credit to a company that this case, the economic conditions introduced and that I am co-sponsor- mines uranium and not to a company which may have once justified a special ing; a bill that I believe takes a crucial that produces ethanol, or solar panels, tax subsidy have dramatically changed. step toward returning some standard of or geothermal power? Eliminating these kinds of special tax fairness to our Nation’s Tax Code. Mr. President, this 22-percent tax de- preferences is long overdue. Mr. President, I believe I can speak duction is not free—it costs the Amer- Mr. President, in 1992 I developed an for a large majority of middle-income ican public. The Joint Committee on 82+point plan to eliminate the Federal families in this country when I say Taxation said that eliminating this de- deficit and have continued to work on that there are major problems with our duction for these minerals would save implementation of the elements of that tax system. When the American people the Government $83 million over the plan since that time. Elimination of send their checks to Washington every next 5 years. If corporations do not pay special tax preferences for mining com- April 15, they want to know that their their fair share of taxes, middle-class panies was part of that 82-plus-point money is being used wisely and that people have to pay more; the American plan. Achievement of a balanced budg- everyone in the country is carrying his public is in effect underwriting this tax et will require that these kinds of spe- or her share of the load. They want to dodge for these companies. That is not cial taxpayer subsidies to particular in- know that just because they don’t have right, it is not fair, and it should be dustries must be curtailed, just as their own personal lobbyist up on the stopped. many direct spending programs are Hill and that there is a standard of This bill takes a bold step, and I ap- being cut back. basic economic fairness that is applied plaud its author, my good friend the Finally, Mr. President, in conclusion in our tax system—that the distinguished Senator from Wisconsin I want to pay tribute to several elected superwealthy can and should pay more for bringing it to the floor. And, I officials from Milwaukee, Mayor John than those who are struggling. would say to the people of this coun- Norquist, State Representative Spen- But the American people are angry— try, and to my colleagues, that I see cer Coggs, and Milwaukee Alderman they are angry at Washington because this bill as a beginning. I hope it will Michael Murphy, who have brought to they feel in their hearts that there is be the beginning of an all-out effort to my attention the incongruity of the no standard of fairness being applied in reform what I and others have called S 9720 CONGRESSIONAL RECORD — SENATE July 11, 1995 corporate entitlements; an effort to cut S. 896 mary safeguard for the well-being and back on what are spending programs by At the request of Mr. CHAFEE, the protection of children is the family, fiat, programs that, unlike regular name of the Senator from Tennessee and that, because the United Nations spending programs, never come up for [Mr. FRIST] was added as a cosponsor of Convention on the Rights of the Child review in Congress or by the public at S. 896, a bill to amend title XIX of the could undermine the rights of the fam- large. It is an effort to return some Social Security Act to make certain ily, the President should not sign and standard of fairness to our tax system, technical corrections relating to physi- transmit it to the Senate. and rebalance the tax scales to ensure cians’ services, and for other purposes. f that corporations will pay more of S. 905 AMENDMENTS SUBMITTED their fair share—and the American At the request of Mr. AKAKA, the public will no longer be forced to un- name of the Senator from Hawaii [Mr. derwrite multinational corporations. INOUYE] was added as a cosponsor of S. COMPREHENSIVE REGULATORY f 905, a bill to provide for the manage- REFORM ACT OF 1995 ment of the airplane over units of the ADDITIONAL COSPONSORS National Park System, and for other S. 254 purposes. DOLE AMENDMENT NO. 1492 At the request of Mr. LOTT, the name S. 939 of the Senator from Wyoming [Mr. Mr. DOLE proposed an amendment to At the request of Mr. SMITH, the amendment no. 1487, proposed by Mr. THOMAS] was added as a cosponsor of S. name of the Senator from Oklahoma 254, a bill to extend eligibility for vet- DOLE to the bill (S. 343) to reform the [Mr. NICKLES] was added as a cosponsor regulatory process, and for other pur- erans’ burial benefits, funeral benefits, of S. 939, a bill to amend title 18, Unit- and related benefits for veterans of cer- poses, as follows: ed States Code, to ban partial-birth On page 25, delete lines 7–15, and insert the tain service in the U.S. merchant ma- abortions. rine during World War II. following in lieu thereof: S. 957 ‘‘(f) HEALTH, SAFETY, OR FOODSAFETY OR S. 354 At the request of Mr. BURNS, the EMERGENCY EXEMPTION FROM COST-BENEFIT At the request of Mr. BREAUX, the name of the Senator from South Da- ANALYSIS.—(1) A major rule may be adopted name of the Senator from New York and may become effective without prior kota [Mr. PRESSLER] was added as a co- [Mr. D’AMATO] was added as a cospon- compliance with this subchapter if— sor of S. 354, a bill to amend the Inter- sponsor of S. 957, a bill to terminate ‘‘(A) the agency for good cause finds that nal Revenue Code of 1986 to provide tax the Office of the Surgeon General of conducting cost-benefit analysis is imprac- incentives to encourage the preserva- the Public Health Service. ticable due to an energency, or health or tion of low-income housing. S. 969 safety threat or a foodsafety threat, (including an imminent threat from E. coli bac- S. 426 At the request of Mr. BRADLEY, the name of the Senator from Maryland teria) that is likely to result in significant At the request of Mr. WARNER, the harm to the public or natural resources; name of the Senator from New York [Ms. MIKULSKI] was added as a cospon- and’’. [Mr. D’AMATO] was added as a cosponsor of S. 969, a bill to require that health plans provide coverage for a sor of S. 426, a bill to authorize the DOLE AMENDMENT NO 1493 alpha phi alpha fraternity to establish minimum hospital stay for a mother Mr. DOLE proposed an amendment to a memorial to Martin Luther King, Jr., and child following the birth of the amendment no. 1493, proposed by Mr. in the District of Columbia, and for child, and for other purposes. DOLE to amendment No. 1487 to the other purposes. SENATE JOINT RESOLUTION 34 bill, S. 343, supra; as follows: S. 491 At the request of Mr. SMITH, the name of the Senator from Texas [Mrs. In lieu of the language proposed to be in- At the request of Mr. BREAUX, the serted, insert the following: HUTCHISON] was added as a cosponsor of name of the Senator from Maryland ‘‘(f) HEALTH, SAFETY, OR FOODSAFETY OR [Ms. MIKULSKI] was added as a cospon- Senate Joint Resolution 34, a joint res- EMERGENCY EXEMPTION FROM COST-BENEFIT sor of S. 491, a bill to amend title XVIII olution prohibiting funds for diplo- ANALYSIS.—(1) Effective on the day after the of the Social Security Act to provide matic relations and most favored na- date of enactment, a major rule may be coverage of outpatient self-manage- tion trading status with the Socialist adopted and may become effective without ment training services under part B of Republic of Vietnam unless the Presi- prior compliance with this subchapter if— ‘‘(A) the agency for good cause finds that the Medicare program for individuals dent certifies to Congress that Viet- namese officials are being fully cooper- conducting cost-benefit analysis is imprac- with diabetes. ticable due to an emergency, or health or S. 628 ative and forthcoming with efforts to safety threat, or a foodsafety threat (includ- At the request of Mr. KYL, the name account for the 2,205 Americans still ing an imminent threat from E. coli bac- of the Senator from Indiana [Mr. missing and otherwise unaccounted for teria) that is likely to result in significant LUGAR] was added as a cosponsor of S. from the Vietnam War, as determined harm to the public or natural resources; 628, a bill to repeal the Federal estate on the basis of all information avail- and’’. and gift taxes and the tax on genera- able to the U.S. Government, and for tion-skipping transfers. other purposes. DOLE AMENDMENT NO. 1494 S. 743 SENATE RESOLUTION 85 Mr. DOLE proposed an amendment to At the request of Mr. THURMOND, his At the request of Mr. CHAFEE, the the bill, S. 343, supra; as follows: name was added as a cosponsor of S. name of the Senator from Pennsylva- Strike the word ‘‘analysis’’ in the bill and 743, a bill to amend the Internal Reve- nia [Mr. SANTORUM] was added as a co- insert the following: ‘‘Analysis. nue Code of 1986 to provide a tax credit sponsor of Senate Resolution 85, a reso- ‘‘( ) HEALTH, SAFETY, OR FOODSAFETY OR for investment necessary to revitalize lution to express the sense of the Sen- EMERGENCY EXEMPTION FROM COST-BENEFIT communities within the United States, ate that obstetrician-gynecologists ANALYSIS.—(1) A major rule may be adopted should be included in Federal laws re- and may become effective without prior and for other purposes. compliance with this subchapter if— S. 885 lating to the provision of health care. ‘‘(A) the agency for good cause finds that At the request of Mr. MOYNIHAN, the SENATE RESOLUTION 133 conducting cost-benefit analysis is imprac- names of the Senator from Oregon [Mr. At the request of Mr. HELMS, the ticable due to an emergency, or health or HATFIELD], the Senator from Michigan names of the Senator from Mississippi safety threat or a foodsafety threat, (includ- [Mr. LEVIN], the Senator from Illinois [Mr. COCHRAN], the Senator from Wyo- ing an imminent threat from E. coli bacteria) that is likely to result in significant [Mr. SIMON], the Senator from Colorado ming [Mr. THOMAS], the Senator from harm to the public or natural resources.’’ [Mr. BROWN], and the Senator from Vir- South Dakota [Mr. PRESSLER], and the ginia [Mr. WARNER] were added as co- Senator from Alabama [Mr. SHELBY] sponsors of S. 885, a bill to establish were added as cosponsors of Senate DOLE AMENDMENT NO. 1495 U.S. commemorative coin programs, Resolution 133, a resolution expressing Mr. DOLE proposed an amendment to and for other purposes. the sense of the Senate that the pri- amendment No. 1494, proposed by Mr. July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9721

DOLE to the bill, S. 343, supra; as fol- tee on Commerce, Science, and Trans- ized to hold a hearing during the ses- lows: portation be allowed to meet during sion of the Senate on Tuesday, July 11, In lieu of the language proposed to be in- the Tuesday, July 11, 1995, session of 1995, at 10 a.m. to consider State sov- serted, insert the following analysis. the Senate for the purpose of conduct- ereignty and the role of the Federal ‘‘() HEALTH, SAFETY, OR FOOD SAFETY OR ing a hearing on international aviation Government. EMERGENCY EXEMPTION FROM COST-BENEFIT and beyond rights. The PRESIDING OFFICER. Without ANALYSIS.—(1) Effective on the day after the The PRESIDING OFFICER. Without date of enactment, a major rule may be objection, it is so ordered. adopted and may become effective without objection, it is so ordered. SUBCOMMITTEE ON DISABILITY POLICY prior compliance with this subchapter if— COMMITTEE ON ENERGY AND NATURAL Mr. HATCH. Mr. President, I ask ‘‘(A) the agency for good cause finds that RESOURCES unanimous consent that the Sub- conducting cost-benefit analysis is imprac- Mr. HATCH. Mr. President, I ask committee on Disability Policy of the ticable due to an emergency, or health or unanimous consent that the Commit- Committee on Labor and Human Re- safety threat (or a food safety threat includ- tee on Energy and Natural Resources ing an imminent threat from E. coli bac- sources be authorized to meet for a teria) that is likely to result in significant be granted permission to meet during hearing on the student discipline in harm to the public or natural resources;’’. the session of the Senate on Tuesday, IDEA, during the session of the Senate July 11, 1995, for purposes of conduct- on Tuesday, July 11, 1995, at 2 p.m. DOLE (AND OTHERS) AMENDMENT ing a full committee hearing which is The PRESIDING OFFICER. Without NO. 1496 scheduled to begin at 9:30 a.m. The pur- objection, it is so ordered. pose of this hearing is to review the f Mr. DOLE (for himself, Mr. LEVIN, Secretary of Energy’s strategic re- Mr. JOHNSTON, Mr. ROTH, and Mr. alignment and downsizing proposal and ADDITIONAL STATEMENTS HATCH) proposed an amendment to other alternatives to the existing amendment No. 1487, proposed by Mr. structure of the Department of Energy. DOLE to the bill, S. 343, supra; as fol- The PRESIDING OFFICER. Without BUDGET SCOREKEEPING REPORT lows; objection, it is so ordered. On page 35, line 10, Delete lines 10–13 and ∑ Mr. DOMENICI. Mr. President, I COMMITTEE ON ENVIRONMENT AND PUBLIC insert in lieu thereof: hereby submit to the Senate the budg- WORKS ‘‘(A) CONSTRUCTION WITH OTHER LAWS.—The et scorekeeping report prepared by the Mr. HATCH. Mr. President, I ask requirements of this section shall supple- Congressional Budget Office under sec- unanimous consent that the full Com- ment, and not supersede, any other tion 308(b) and in aid of section 311 of mittee on Environment and Public decisional criteria otherwise provided by the Congressional Budget Act of 1974, law. Nothing in this section shall be con- Works be granted permission to meet as amended. This report meets the re- strued to override any statutory require- Tuesday, July 11, 1995, at 10 a.m., to quirements for Senate scorekeeping of ment, including health, safety, and environ- consider an original bill regarding uni- section 5 of Senate Concurrent Resolu- mental requirements.’’ form discharge standards for U.S. tion 32, the first concurrent resolution Armed Forces vessels under the Clean on the budget for 1986. JOHNSTON AMENDMENT NO. 1497 Water Act and an original bill waiving This report shows the effects of con- Mr. JOHNSTON proposed an amend- the local matching funds requirement gressional action on the budget ment to amendment No. 1497 proposed for the fiscal years 1995 and 1996 Dis- through June 30, 1995. The estimates of by Mr. DOLE to the bill, S. 343, supra; trict of Columbia highway program. budget authority, outlays, and reve- as follows: The PRESIDING OFFICER. Without nues, which are consistent with the On page 14, line 4, strike out subsection objection, it is so ordered. (5)(A) and insert in lieu thereof the following technical and economic assumptions of COMMITTEE ON FINANCE the concurrent resolution on the budg- new subsection: Mr. HATCH. Mr. President, I ask ‘‘(A) a rule or set of closely related rules et (H. Con. Res. 218), show that current that the agency proposing the rule, the Di- unanimous consent that the Commit- level spending is below the budget reso- rector, or a designee of the President deter- tee on Finance be permitted to meet lution by $5.6 billion in budget author- mines is likely to have a gross annual effect Tuesday, July 11, 1995, beginning at 2:30 ity and $1.4 billion in outlays. Current on the economy of $100,000,000 or more in rea- p.m. in room SD–225, to conduct a hear- level is $0.5 billion over the revenue sonably quantifiable increased costs (and ing on the taxation of U.S. citizens who floor in 1995 and below by $9.5 billion this limit may be adjusted periodically by expatriate. the Director, at his sole discretion, to ac- over the 5 years 1995–99. The current es- The PRESIDING OFFICER. Without timate of the deficit for purposes of count for inflation); or’’. objection, it is so ordered. f calculating the maximum deficit COMMITTEE ON FOREIGN RELATIONS amount is $238.0 billion, $3.1 billion NOTICE OF HEARINGS Mr. HATCH. Mr. President, I ask below the maximum deficit amount for unanimous consent that the Commit- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS 1995 of $241.0 billion. tee on Foreign Relations be authorized Mr. ROTH. Mr. President, I would Since my last report, dated June 20, to meet during the session of the Sen- like to announce for the information of 1995, there has been no action that af- ate on Tuesday, July 11, 1995, at 10 a.m. the Senate and the public that the Per- fects the current level of budget au- The PRESIDING OFFICER. Without manent Subcommittee on Investiga- thority, outlays, or revenues. objection, it is so ordered. tions of the Committee on Govern- The report follows: COMMITTEE ON VETERANS’ AFFAIRS mental Affairs will hold hearings re- U.S. CONGRESS, garding abuses in Federal student Mr. HATCH. Mr. President, I ask CONGRESSIONAL BUDGET OFFICE, grant programs proprietary school unanimous consent that the Commit- Washington, DC, July 10, 1995. abuses. tee on Veterans’ Affairs hold a hearing Hon. PETE DOMENICI, This hearing will take place on to consider options for compliance with Chairman, Committee on the Budget, U.S. Sen- ate, Washington, DC. Wednesday, July 12, 1995, in room 342 of budget resolution instructions and administration budget proposals relating DEAR MR. CHAIRMAN: The attached report the Dirksen Senate Office Building. for fiscal year 1995 shows the effects of Con- For further information, please contact to veterans’ programs. The hearing will gressional action on the 1995 budget and is Harold Damelin of the subcommittee be held on July 11, 1995, at 10 a.m., in current through June 30, 1995. The estimates staff at 224–3721. room 418 of the Russell Senate Office of budget authority, outlays and revenues f Building. are consistent with the technical and eco- The PRESIDING OFFICER. Without nomic assumptions of the 1995 Concurrent AUTHORITY FOR COMMITTEES TO objection, it is so ordered. Resolution on the Budget (H. Con. Res. 218). This report is submitted under Section 308(b) MEET SUBCOMMITTEE ON THE CONSTITUTION and in aid of Section 311 of the Congressional COMMITTEE ON COMMERCE, SCIENCE, AND Mr. HATCH. Mr. President, I ask Budget Act, as amended, and meets the re- TRANSPORTATION unanimous consent that the Sub- quirements of Senate scorekeeping of Sec- Mr. HATCH. Mr. President, I ask committee on the Constitution of the tion 5 of S. Con. Res. 32, the 1986 First Con- unanimous consent that the Commit- Committee on the Judiciary be author- current Resolution on the Budget. S 9722 CONGRESSIONAL RECORD — SENATE July 11, 1995 Since my last report, dated June 16, 1995, Assessment [OTA] of the U.S. Congress. from the OTA. And, as the OTA was there has been no action to change the cur- I believe that if more of my distin- charged to do, its report went well be- rent level of budget authority, outlays or guished colleagues, as well as the pub- yond just giving us the bad news. Be- revenues. lic, knew what the elimination of the cause its role is to provide useful infor- Sincerely, JUNE E. O’NEILL, OTA would mean to our deliberative mation to the Congress, the OTA pro- Director. processes, they, too, would support this vided sufficient analysis for us to see invaluable congressional resource. where our federally funded prevention THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Mr. President, there is considerable efforts were going wrong, and provided CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION, AS dedication among my colleagues to re- guidance to the executive branch on OF CLOSE OF BUSINESS JUNE 16, 1995 duce the Federal budget deficit and to how to better target Federal dollars for [In billions of dollars] streamline Federal agencies. This Con- adolescent health. gress deserves to be commended for Budget res- Current bringing the budget deficit, and its bur- I can give you numerous other exam- olution (H. Current level over/ ples of the OTA’s rigorous approach in Con. Res. level 2 under reso- den on future generations, to the at- 218) 1 lution tention of the American people more winnowing through cloudy data in order to provide us with information ON-BUDGET dramatically than ever before. I, too, that is both accurate and useful. For Budget Authority ...... 1,238.7 1,233.1 ¥5.6 support the reduction of Federal spend- Outlays ...... 1,217.6 1,216.2 ¥1.4 example, since the late 1970’s, the OTA Revenues: ing, but only where it makes good 1995 ...... 977.7 978.2 0.5 sense to do so. has been an often lonely voice in the 1995–99 ...... 5,415.2 5,405.7 ¥9.5 health care wilderness, carefully as- Deficit ...... 241.0 238.0 ¥3.1 However, I ask, what positive affect Debt Subject to Limit ...... 4,965.1 4,843.4 ¥121.7 will the elimination of the OTA—a 143- sessing whether the country is invest- OFF-BUDGET person, $20 million-a-year agency that ing sufficiently in evidence-gathering Social Security Outlays: performs a great service to the Con- on health care treatments. Valid infor- 1995 ...... 287.6 287.5 ¥0.1 mation about what works and what 1995–99 ...... 1,562.6 1,562.6 (3) gress and that potentially saves bil- Social Security Revenues: lions of dollars—have on reducing the doesn’t work is critical to the public 1995 ...... 360.5 360.3 ¥0.2 and private sectors of the health care 1995–99 ...... 1,998.4 1,998.2 ¥0.2 budget deficit? Mr. President, many of my col- industry, which represents one-seventh 1 Reflects revised allocation under section 9(g) of H. Con. Res. 64 for the Deficit-Neutral reserve fund. leagues know that the OTA does valu- of the Nation’s gross domestic product. 2 Current level represents the estimated revenue and direct spending ef- able work and that it is well-managed. Senators and staffers need this infor- fects of all legislation that Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law However, some argue that the OTA is a mation as they consider budget re- are included for entitlement and mandatory programs requiring annual ap- luxury that the Congress and the coun- quests from the U.S. Department of propriations even if the appropriations have not been made. The current level of debt subject to limit reflects the latest U.S. Treasury information on try can no longer afford. Mr. President, Health and Human Services, including public debt transactions. I submit that the OTA is not an indul- the upcoming reauthorization for the 3 Less than $50 million. gence, but rather a necessity for the National Institutes of Health, and pro- THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. Congress and the Nation. posed reforms to Medicaid, Medicare, SENATE, 104TH CONGRESS, 1ST SESSION, SENATE I have frequently turned to the OTA and the private insurance market. For SUPPORTING DETAIL FOR FISCAL YEAR 1995, AS OF for analysis and information. For ex- example, policymakers need to know CLOSE OF BUSINESS JUNE 30, 1995 ample, in 1986, the OTA provided an in- the extent to which consumers have valuable service to the Congress and [In millions of dollars] sufficient information to choose insur- the American Indian community by ance plans, health facilities and indi- Budget Outlays Revenues taking an unprecedented in-depth look vidual treatments. Just recently, the authority at native American health and health OTA, re-examined how we know what ENACTED IN PREVIOUS care. We learned an enormous amount works by looking at new health assess- SESSIONS about both the inadequacies of infor- ment technologies—OTA, Identifying Revenues ...... 978,466 Permanents and other spending mation technology and the health care Health Technologies That Work: legislation ...... 750,307 706,236 ...... delivery systems in the Federal agen- Searching for Evidence, September Appropriation legislation ...... 738,096 757,783 ...... Offsetting receipts ...... ¥250,027 ¥250,027 ...... cies that are charged with implement- 1994. I recommend that report to all of ing our nation-to-nation treaty agree- Total previously en- my colleagues and to their constitu- acted ...... 1,238,376 1,213,992 978,466 ments. As a result of the OTA’s study, ents in the health care business. the Congress will now enjoy a much ENACTED THIS SESSION higher degree of accuracy in reports on As another example, a health tech- 1995 Emergency Supplementals the status of Indian health. nology study by the OTA in December and Rescissions Act (P.L. 1988, Nurse Practitioners, Physician 104–6) ...... ¥3,386 ¥1,008 ...... Let me give you another example of Self-Employed Health Insurance how the OTA has responded to my re- Assistants, and Certified Nurse Mid- Act (P.L. 104–7) ...... ¥248 quests to deliver impartial informa- wives: A Policy Analysis, concluded Total enacted this ses- tion. I was one of the first primary re- that nonphysician providers were ‘‘es- sion ...... ¥3,386 ¥1,008 ¥248 questers of Adolescent Health—OTA, pecially valuable in improving access ENTITLEMENTS AND 1991—the first extensive national exam- to primary and supplemental care in MANDATORIES ination of the scientific evidence on rural areas and * * * for the poor, mi- Budget resolution baseline esti- norities and people without insur- mates of appropriated enti- the efficacy of prevention and treat- tlements and other manda- ment interventions directed toward im- ance.’’ This information was very help- tory programs not yet en- ful in developing health care systems acted ...... ¥1,887 3,189 ...... proving the health of our Nation’s ado- Total current level 1 ...... 1,233,103 1,216,173 978,218 lescent population. The OTA clearly enhanced by the utilization of Total budget resolution ...... 1,238,744 1,217,605 977,700 nonphysician care providers for our un- Amount remaining: gave the authorizing and appropriating Under budget resolution ...... 5,641 1,432 ...... committees the message that we derserved populations. Over budget resolution ...... 518 1 In accordance with the Budget Enforcement Act, the total does not in- should not trick ourselves into think- Similar, hard-hitting, tell-it-like-it- clude $3,905 million in budget authority and $7,442 million in outlays in ing that by simply labeling Federal ini- is analyses have been done by the OTA funding for emergencies that have been designated as such by the Presi- dent and the Congress, and $841 million in budget authority and $917 mil- tiatives as ‘‘prevention’’ of adolescent on subjects ranging from ground water lion in outlays for emergencies that would be available only upon an official substance abuse, delinquency, AIDS, or to space. These include classic assess- budget request from the President designating the entire amount requested as an emergency requirement.• pregnancy, the programs were effec- ments of polygraph testing, DNA anal- f tive. In fact, many of us on both sides ysis, police body armor, seismic ver- of the aisle were disturbed when the ification of nuclear test ban treaties CONTINUE FUNDING FOR THE OF- OTA concluded that there was very lit- and other work on weapons of mass de- FICE OF TECHNOLOGY ASSESS- tle evidence of success from the pre- struction, and on risk assessment MENT vention efforts that we had promoted. methods, all of which were greeted ∑ Mr. INOUYE. Mr. President, I rise However, the requesters soon came to with accolades from Members. Right today in support of continuing the realize how valuable it was to receive now, the OTA has work under way in funding for the Office of Technology an open-minded and impartial review areas as important and diverse as July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9723 earthquake damage prevention, ad- [In millions of dollars] Vietnam has shown that level of co- vanced automotive technologies, re- operation. The President has kept his Direct spending Entitlements newable energy, wireless communica- jurisdiction funded in annual commitment. Normalizing relations tions, and Arctic impacts of Soviet nu- appropriations with our former enemy is the right Committee clear contamination. Budget thing to do. author- Outlays Budget author- Outlays In 1991, President Bush proposed a Some of my colleagues have sug- ity ity gested that we don’t need an OTA— roadmap for improving our relations Veterans’ Affairs ...... 1,440 1,423 19,235 17,686 that is, our own group of experts in the with Vietnam. Under its provisions, Vietnam was required to take unilat- legislative branch capable of providing ∑ us with these highly technical analyses eral, bilateral, and multilateral steps f needed for developing legislation. How to help us account for our missing. many of us are able to fully grasp and RECOGNIZING RECIPIENT OF THE Vietnam’s cooperation has been excel- synthesize highly scientific informa- GIRL SCOUT GOLD AWARD FROM lent for some time now, and has in- tion and identify the relevant ques- THE STATE OF MARYLAND creased since the President lifted our tions that need to be addressed? trade embargo against Vietnam in 1994. ∑ Ms. MIKULSKI. Mr. President, each That view is shared by virtually The OTA was created to provide the year an elite group of young women every American official, military and Congress with its own source of infor- rise above the ranks of their peers and civilian, involved in the accounting mation on highly technical matters. confront the challenge of attaining the process, from the commander in chief Who else but a scientifically oriented Girl Scouts of the United States of of U.S. Forces in the Pacific to the en- agency, composed of technical experts, America’s highest rank in scouting, listed man excavating crash sites in re- governed by a bipartisan board of con- the Girl Scout Gold Award. mote Vietnamese jungles. It is also gressional overseers, and seeking infor- It is with great pleasure that I recog- shared by Gen. John Vessey who served mation directly under congressional nize and applaud Kerri Marsteller of three Presidents as Special Emissary auspices, and given the Congress and Monkton, MD, who is one of this year’s to Vietnam for POW/MIA Affairs, as ca- the country accurate and essential in- recipients of this most prestigious and pable and honorable a man as has ever formation on new technologies? time honored award. worn the uniform of the United States. Can other congressional support Kerri is to be commended on her ex- It is mostly my faith in the service of agencies and staff provide the informa- traordinary commitment and dedica- these good men and women that has tion we need? I am second to none in tion to her family, friends, community, convinced me that Vietnam’s coopera- my high regard for these agencies, but and to the Girl Scouts of the United tion warrants the normalization of our each has its own distinct role. The U.S. States of America. relations under the terms of the road- General Accounting Office is in effec- The qualities of character, persever- map. It would be injurious to the credi- tive organization of auditors and ac- ance, and leadership which enabled her bility of the United States and beneath countants, not scientists. The Congres- to reach this goal will also help her to the dignity of a great nation to evade sional Research Service is busy re- meet the challenges of the future. She commitments which we freely under- sponding to the requests of members is our inspiration for today and our took. for information and research. The Con- promise for tomorrow. I should also note that Adm. Jere- gressional Budget Office provides the I am honored to ask my colleagues to miah Denton, my acting senior ranking Congress with budget data and with join me in congratulating Kerri officer at the Hanoi Hilton and a coura- analyses of alternative fiscal and budg- Marsteller. She is one of the best and geous resister, as well as my dear etary impacts of legislation. Further- the brightest and serves as an example friend Ev Alvarez, the longest held more, each of these agencies is likely of character and moral strength for us POW in Vietnam, join me and many to have its budget reduced, or to be all to imitate and follow. other former POW’s in supporting the asked to take on more responsibilities, Finally, I wish to salute the families restoration of diplomatic relations. or both, and would find it extremely and Scout leaders who have provided Other factors make the case for full difficult to take on the kinds of spe- Kerri and other young women with diplomatic relations even stronger. In- cialized work that OTA has contrib- continued support and encouragement. creasingly, the United States and Viet- uted. It is with great pride that I congratu- nam have a shared strategic concern late Kerri Marsteller on this achieve- that can be better addressed by an im- I hope that the Congress does not be- ment.∑ provement in our relations. come a body that ignores common f I am not advocating the containment sense. If it is to remain the world’s of China. Nor do I think such an ambi- greatest deliberative body—possible RESTORATION OF DIPLOMATIC tious and complex strategic goal could only because of access to the best and RELATIONS WITH VIETNAM be achieved simply by normalizing re- most accurate and impartial informa- ∑ Mr. MCCAIN. Mr. President, I sup- lations with Vietnam. But Vietnam, tion and analysis—the Congress must port the President’s decision today to which will become a full member of retain the OTA. ∑ restore full diplomatic relations with ASEAN later this month, is an increas- f Vietnam. This would not be an easy de- ingly responsible player in Southeast cision for any President to make. Asian affairs. An economically viable ERRATA IN CONFERENCE REPORT President Clinton has shown courage Vietnam, acting in concert with its ON HOUSE CONCURRENT RESO- and honor in his resolve to do so. neighbors, will help the region resist LUTION 67 President Clinton, like Presidents dominance by any one power. That is a Bush and Reagan before him, took very development which is clearly in the ∑ Mr. DOMENICI. Mr. President, due to seriously his pledge to the American best interests of the United States. a printing error, the table in the con- people that the first priority in our re- Human rights progress in Vietnam ference report on House Concurrent lationship with Vietnam would be the should also be better served by restor- Resolution 67 setting forth the budget accounting for Americans missing in ing relations with that country. The authority and outlay allocations for action in Vietnam. Vietnamese have already developed Senate committees incorrectly shows a Given the importance of that com- complex relations with the rest of the budget authority allocation of $1,400 mitment, President Clinton insisted free world. Instead of vainly trying to million to the Senate Veterans’ Affairs that Vietnam cooperate with our ac- isolate Vietnam, the United States Committee for 1996. counting efforts to such an extent that should test the proposition that great- The 1996 budget authority allocation normalization was clearly justified and er exposure to Americans will render to the Senate Veterans’ Affairs Com- that tangible progress toward the full- Vietnam more susceptible to the influ- mittee is actually $1,440 million. est possible accounting be clear enough ence of our values. Therefore, the Veterans’ Affairs alloca- to assure us that the prospects for con- Vietnam’s human rights record needs tion for fiscal year 1996 is as follows: tinued cooperation were excellent. substantial improvement. We should S 9724 CONGRESSIONAL RECORD — SENATE July 11, 1995 make good use of better relations with underscores the fact that my votes on in the Jefferson Building’s Great Hall. the Vietnamese to help advance in that these amendments turned not on my I join with Dr. Billington in celebrat- country a decent respect for the rights views as to whether States should have ing the anniversary of this important of man. seatbelt and helmet laws, but rather on statute. Finally, the people of Arizona expect my belief that States ought to be able The act required both that all works me to act in the best interests of the to decide these issues for themselves. be registered in the Library and that Nation. We have looked back in anger Similarly, I opposed the Hutchinson the Library be the repository of these at Vietnam for too long. I cannot allow amendment to retain the Federal mo- copies. The Library could hold the copy whatever resentments I incurred dur- torcycle-helmet law mandate with re- of the work as a record of the copy- ing my time in Vietnam to hold me spect to States that do not assume the right registration, but it also had the from doing what is so clearly my duty. cost of treating injuries attributable to opportunity to make the work avail- I believe it is my duty to encourage a person’s failure to wear a helmet able as a resource for others. The join- this country to build from the losses while riding a motorcycle. This amending of copyright and the Library was, and the hopes of our tragic war in Viet- ment was presented as an attempt to and continues to be, a mutually bene- nam a better peace for both the Amer- marry States’ responsibility with ficial arrangement. Then-Librarian of ican and the Vietnamese people. By his States’ rights. And it is true that the Congress Ainsworth Spofford believed action today, the President has helped Federal Government assumes certain that bringing copyright to the Library bring us closer to that worthy goal. I medical costs through its Medicaid and could help it become a great library, strongly commend him for having done Medicare programs. But that does not and he strongly urged passage of the so.∑ mean the Federal Government should 1870 legislation. However, I think even f be able to mandate motorcycle-helmet he could not have foreseen that the Li- laws. For if it did, the Federal Govern- THE HIGHWAY BILL brary of Congress would become the ment could likewise mandate laws pro- great institution it is today. ∑ Mr. ABRAHAM. Mr. President, I hibiting other activities—say, smoking It is hard to overemphasize the im- want to take a few months to explain or mountain climbing—that involve an portance of copyright deposits to the several of my votes concerning S. 440, appreciable risk of physical harm. The collections of the Library and the re- the highway bill. I voted in favor of Hutchison amendment in fact would sulting growth of the institution. With- final passage of the bill because it have been a Trojan Horse for increas- in a decade after the 1870 statute, the would meet Federal transportation re- ing the power of the Federal Govern- Library’s collections tripled. When for- sponsibilities while returning to the ment at the expense of not only the eign works were granted U.S. copyright States much of their rightful authority prerogatives of the States, but also of protection in 1891, many works from to manage their own roadways. the liberties of the people. other countries were brought into the Many of the amendments offered to My support of the Byrd amendment Library through copyright deposit. the bill concerned the question of to encourage a national blood-alcohol Among the works the Library has re- whether the States should be required standard for minor drivers was bot- ceived through copyright deposit are: to enact various highway safety laws. tomed on these same principles. No one the first edition of a Dvorak opera; an Although the debate on these amend- argues that kids should be able to unpublished composition by the 14 ments focused to a large extent on the drink and drive. To the contrary, ev- year-old Aaron Copland; all the net- wisdom of the safety laws at issue, my eryone agrees that teenage drinking work news programs since the 1960’s; votes on the amendments turned more and driving is a danger that must be rare performances by artists such as on the threshold question of whether addressed. When there is this kind of Martha Graham captured on videotape; the States should retain the power to overwhelming national consensus with and important Civil War and Spanish- decide for themselves whether to enact respect to an issue, the question of American War photographs. those laws. As a general matter, I whether the issue should be decided at The importance of the copyright de- think the Federal Government should the State level in fact becomes merely posits to the Library continues today. decide only those issues that, by their theoretical. Under these cir- Some of the Library’s most heavily very nature, demand a uniform resolu- cumstances, the existence of a Federal used collections, such as the local his- tion throughout the Nation. On issues rule is not likely to frustrate the desire tory and genealogy collection, would like these, a resolution of the issue at of a State to enact a contrary rule. hardly exist were it not for copyright the State level would itself be harmful, Such is the case with teenage drinking deposit. In fiscal year 1994, the value of no matter how wisely the State legisla- and driving. In cases like these, the works received through copyright de- tures exercise their power. National de- practical, administrative benefits of a posit was estimated at more than $15 fense is one such example; the need for uniform Federal rule outweigh theo- million. The acquisition of these works central direction and economies of retical concerns related to federalism. ∑ could not have been accomplished scale preclude a satisfactory resolution f through purchasing and gifts. of the issue at the State level. But our laws in other areas should in the main THE 125th ANNIVERSARY OF LI- Mr. President, the Library of Con- be left to the discretion of the States, BRARY OF CONGRESS COPY- gress provides valuable and unique so that they can be tailored to the re- RIGHT SERVICE services to the Congress and the Na- tion. Copyright continues to play an spective circumstances and values ∑ Mr. HATFIELD. Mr. President, as prevalent in each State. Chairman of the Joint Committee on important role in the Library’s work These principles led me to oppose the the Library of Congress, it is my pleas- and I once again join in commemorat- Reid amendment to set a national ure to acknowledge the 125th anniver- ing the 125th anniversary of the act speed limit for trucks, the Lautenberg sary of the statute which centralized which brought our national copyright amendment to set a national speed our Nation’s copyright registration and system to the Library of Congress.∑ limit for all motor vehicles, and the deposit system in the Library. This f Dorgan amendment to prohibit open law, signed by President Ulysses S. RESTORING DIPLOMATIC containers of alcohol in motor vehi- Grant on July 8, 1870, was the single RELATIONS WITH VIETNAM cles. They likewise explain my support most important factor in ensuring that for the Smith amendment to repeal Congress’ library would eventually be- ∑ Mr. BINGAMAN. Mr. President, I feel Federal seatbelt and motorcycle hel- come the Nation’s library and, in fact, that it is important that the Members met law mandates, and the Snowe the greatest repository of knowledge in of this Chamber move history forward amendment to repeal the Federal mo- the world. and support the President’s decision to torcycle-helmet law mandate. None of Today, Dr. James Billington, our Li- normalize diplomatic relations with these issues demands a single resolu- brarian of Congress, will recognize the Vietnam. tion across the Nation. I further note role of the copyright in building the Li- Over the last 17 months, the Viet- that my home State of Michigan al- brary’s unsurpassed collection over the namese Government has helped to re- ready has a seatbelt law, which only past 125 years in a program being held solve many cases of Americans who July 11, 1995 CONGRESSIONAL RECORD — SENATE S 9725 were missing in action or held as pris- new markets, instead of having to domestic investment. A specific tenet oners of war. I strongly feel that our elbow in after others have wrapped up of U.S. policy, reflected in this Treaty, responsibility to the families of coura- the market. is that U.S. investment abroad and for- geous, patriotic Americans who fought Mr. President, America—more than eign investment in the United States in the Vietnam conflict, and who are any other nation in the Asian region— should receive national treatment. still missing, will never end until the should be the beneficiary of Vietnam’s Under this Treaty, the Parties also status of their fate is resolved. economic development. We have an im- agree to international law standards But important progress is being portant duty to determine the fate of for expropriation and compensation for made. As President Clinton stated this our lost and missing. But this effort expropriation; free transfer of funds re- afternoon, 29 families have received the will best be served by restoring diplo- lated to investments; freedom of in- remains of their loved ones with the as- matic relations and recognizing Viet- vestments from performance require- sistance of the Vietnamese Govern- nam’s Government. We must under- ments; fair, equitable, and most-fa- ment. Important documents have been stand that our national economic in- vored-nation treatment; and the inves- passed on to our Government to help terests are eroding each day that we tor or investment’s freedom to choose shed light on the fate of other missing allow other countries to push forward to resolve disputes with the host gov- Americans. And the number of discrep- into this emerging economy and leave ernment through international arbitra- ancy cases of Americans thought to be U.S. firms and American workers be- tion. alive after they were lost has been re- hind. I recommend that the Senate con- duced to 55. The time has come, Mr. President, sider this Treaty as soon as possible, Mr. President, we must continue seri- for us to engage Vietnam and to build and give its advice and consent to rati- ous efforts to secure information about a future with this Government and its fication of the Treaty, with Annex and our lost soldiers, and this effort can be people that helps us deal with our Protocol, at an early date. greatly enhanced by coordinating and wounds and helps our citizens into a WILLIAM J. CLINTON. working with the Vietnamese Govern- new era.∑ ment and its people. Normalizing rela- THE WHITE HOUSE, July 11, 1995. f tions will help our cause and further f our national interest. REMOVAL OF INJUNCTION OF SE- Mr. President, those who have argued CRECY—TREATY DOCUMENT NO. ORDERS FOR WEDNESDAY, JULY against normalization seem more com- 104–14 12, 1995 fortable with the past and have little Mrs. HUTCHISON. Mr. President, as Mrs. HUTCHISON. Mr. President, I vision of the future. We were engaged in executive session, I ask unanimous ask unanimous consent that when the in serious conflict in Vietnam, and consent that the Injunction of Secrecy Senate completes its business today, it much of our military presence in Asia be removed from the Investment Trea- stand in recess until the hour of 9 a.m. derived from the needs and require- ty with Trinidad and Tobago (Treaty on Wednesday, July 12, 1995; that fol- ments of that conflict. But who has lowing the prayer, the Journal of pro- benefited from American sacrifice? Not Document No. 104–14), transmitted to the Senate by the President on July 11, ceedings be deemed approved to date, many in this country. the time for the two leaders be re- Japan has just emerged as the largest 1995; that the treaty be considered as served for their use later in the day, foreign investor in Vietnam. During having been read for the first time, re- and there be a period for the trans- the first half of this year, Japan won 30 ferred with accompanying papers to action of morning business until the major infrastructure projects worth the Committee on Foreign Relations hour of 9:45 a.m., with Senators per- $755 million. Of Vietnam’s intake of and ordered to be printed; and that the mitted to speak for up to 5 minutes $3.58 billion for these first 6 months, President’s message be printed in the each, with the following exceptions: Taiwan, South Korea, and Singapore RECORD. Senator SANTORUM, 10 minutes; Sen- followed behind Japan in investment. The PRESIDING OFFICER. Without ator MURKOWSKI, 10 minutes; Senator The United States ranked sixth in this objection, it is so ordered. The President’s message is as fol- SIMPSON, 15 minutes; Senator DORGAN, major new growth market in the Asia lows: 10 minutes. Further, that at the hour Pacific region. of 9:45 a.m., the Senate resume consid- Although the United States dropped To the Senate of the United States: its trade embargo with Vietnam last With a view to receiving the advice eration of S. 343, the regulatory reform year, America’s failure to restore dip- and consent of the Senate to ratifica- bill. lomatic relations has meant that the tion, I transmit herewith the Treaty The PRESIDING OFFICER. Without Ex-Im Bank could not finance trade, Between the Government of the United objection, it is so ordered. that the Overseas Private Investment States of America and the Government f Corporation could not insure American of the Republic of Trinidad and Tobago firms’ commerce with Vietnam, and Concerning the Encouragement and PROGRAM that our Nation could not develop Reciprocal Protection of Investment, Mrs. HUTCHISON. For the informa- trade treaties with what many consider with Annex and Protocol, signed at tion of all Senators, the Senate will re- to be the most important, new, big- Washington on September 26, 1994. I sume consideration of the regulatory emerging market. Without the ability transmit also for the information of reform bill tomorrow at 9:45 a.m. Fur- to establish a treaty and grant MFN the Senate, the report of the Depart- ther amendments are expected to the status with Vietnam, it is unlikely ment of State with respect to this bill. Therefore, Senators should expect that the Vietnamese will earn money Treaty. rollcall votes throughout the day to- to purchase American products. The bilateral investment Treaty morrow and into the evening in order Mr. President, last year in the Wash- (BIT) with Trinidad and Tobago is the to make progress on the bill. ington Post, Alan Tonelson of the Eco- third such treaty between the United nomic Strategy Institute wrote about a States and a member of the Caribbean f 104-page Mitsubishi Corp. report enti- Community (CARICOM). The Treaty RECESS UNTIL 9 A.M. TOMORROW tled: ‘‘Master Plan for the Automobile will protect U.S. investment and assist Industry in Vietnam.’’ He noted that the Republic of Trinidad and Tobago in Mrs. HUTCHISON. Mr. President, if this Japanese trading firm had already its efforts to develop its economy by there is no further business to come be- organized its efforts and meticulously creating conditions more favorable for fore the Senate, I now ask unanimous established a framework to build a Vi- U.S. private investment and thus consent that the Senate stand in recess etnamese automotive industry, depend- strengthen the development of its pri- under the previous order. ent on Japanese support. For once, vate sector. There being no objection, the Senate, America needs to get ahead of the The Treaty is fully consistent with at 8:46 p.m., recessed until Wednesday, curve, to support U.S. firms entering U.S. policy toward international and July 12, 1995, at 9 a.m. July 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1405 EXTENSIONS OF REMARKS

RECOGNITION OF THE 125TH ANNI- As chairman of the Subcommittee on Courts colleges throughout New Jersey. She eventu- VERSARY OF COPYRIGHT IN THE and Intellectual Property, I work closely with ally attained the title of head nurse at Belleville LIBRARY OF CONGRESS the Copyright Office on the significant copy- Hospital in charge of diabetes, arthritis, and right issues Congress must address. This year general medicine. HON. CARLOS J. MOORHEAD those issues include proposals to extend the She did not allow her dedication to her ca- OF CALIFORNIA term of copyright and to grant digital perform- reer to interfere with her commitment to her IN THE HOUSE OF REPRESENTATIVES ance rights in sound recordings. family. After the birth of her first child in 1945, Today I join Dr. Billington and Ms. Peters in Tuesday, July 11, 1995 Ms. Krawiec became active in her local PTA saluting the Copyright Office for its work in and worked to strengthen the health care Mr. MOORHEAD. Mr. Speaker, I rise today keeping our national copyright system strong services in the Ridgefield community. After be- to acknowledge the 125th anniversary of the and for the role it continues to play in fortifying coming a part-time nurse at her daughter's statute which established our national copy- the Library of Congress. school, she decided to return to school at right system in the Library of Congress. f night and 4 years later graduated cum laude Our Nation's Founding Fathers recognized COMMENDING LT. COL. ALAN from Jersey City College with a BA in health not only the need to protect the rights and education and school nursing. property of individual Americans, but also the KRUSE importance of providing incentives to stimulate Even though Ms. Krawiec's children have the economic and cultural growth of the United HON. JERRY WELLER grown into adulthood, and she has retired from her nursing career, her volunteer work States. Thus, in article I, section 8 of the Con- OF ILLINOIS still continues. She is currently serving in her stitution, they gave the Congress the power IN THE HOUSE OF REPRESENTATIVES ``To promote the Progress of Science and 11th year as president of the American Legion Useful Arts, by securing for limited Times to Tuesday, July 11, 1995 Auxiliary and she chairs the SHARE program Authors and Inventors the exclusive Right to Mr. WELLER. Mr. Speaker, I would like to which provides low-cost meals for senior citi- their respective Writings and Discoveries.'' take this opportunity to commend Lt. Col. Alan zens. In 1870, Congress passed our first copyright Kruse for all his help with plans to redevelop Ms. Krawiec's commitment to her family, law which established a system of copyright the Joliet Army Ammunition Plant. Colonel job, and community serve as a model to all of registration through the Federal district courts. Kruse very capably served as the commander us. Mr. Speaker, I urge my colleagues to join This system was certainly inadequate in terms of the JAAP, and has dedicated much time me in wishing a happy and prosperous 75th of keeping a readily accessible public record and effort to supporting plans to productively birthday to Ms. Ladislava Potaski Krawiec. of copyright registration and an organized col- utilize this expansive area. lection of the works which had been submitted Colonel Kruse was involved with the Citi- f for registration. The 1870 legislation trans- zens Planning Commission that endorsed a ferred the entire copyright business from the plan to use much of the land for conservation PERSONAL EXPLANATION Federal courts to the Library of Congress. For and recreation, as well as a veterans ceme- the first time, our Nation had a central point tery, two areas for economic development, for both copyright registration and for the hold- and a county landfill. HON. J.C. WATTS, JR. ing of record copies of registered works. This plan has developed into legislation that OF OKLAHOMA By bringing copyright into the Library of is very close to passing both the House of Congress the law also provided the basis for Representatives and the Senate. Without the IN THE HOUSE OF REPRESENTATIVES making the Library what it is todayÐour Na- help of Colonel Kruse, seeing this project be- Tuesday, July 11, 1995 tion's Library whose collections are a reflection come a reality may not have been possible. It of the entire breadth of American creativity. By is so encouraging to have such aggressive, Mr. WATTS of Oklahoma. Mr. Speaker, last 1875, copyright deposits became the most im- and dedicated people such as Al Kruse work- Friday that we were in session, I had an un- portant source of acquisition for the Library. ing toward this goal. avoidable speaking conflict in Oklahoma. It For works such as maps, musical scores, and I extend my sincere thanks and best wishes was an event that had been scheduled 6 graphic arts, copyright deposit accounted for to Lt. Col. Alan Kruse. He will be missed in months before I came to Congress. On H.R. almost 90 percent of all such material ac- Joliet; and we would love to have him back 483, I would have voted yes and on the quired by the Library. soon to visit the Midewin National Tallgrass House Resolution 179, I would have voted The Library's reliance on copyright deposits Prairie, and the Joliet National Cemetery. yes. continues to this day. The Library of Congress f collections now encompass almost 110 million f items, a substantial number of which have TRIBUTE TO MS. LADISLAVA come to the Library as a result of copyright. POTASKI KRAWIEC PERSONAL EXPLANATION The type of material received has broadened over the years to include photographs, tele- HON. ROBERT G. TORRICELLI HON. GEORGE E. BROWN, JR. vision shows, movies, compact discs, and OF NEW JERSEY computer programs on CD±ROM's. The value IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA of the material transferred to the Library from the copyright system in fiscal year 1994 was Tuesday, July 11, 1995 IN THE HOUSE OF REPRESENTATIVES in excess of $15 million. Mr. TORRICELLI. Mr. Speaker, I rise today Tuesday, July 11, 1995 The importance of the Copyright Office to to pay tribute to an outstanding American citi- the Library and the work of the Office in ad- zen as she approaches her 75th birthday. Mr. BROWN of California. Mr. Speaker, I vancing the principles of copyright in a chang- Now living in Ridgefield, NJ, Ms. Ladislava was absent from the House on Monday, July ing technological world is being acknowledged Potaski Krawiec has dedicated her life to serv- 10, 1995, in order to attend the dedication of today by the Librarian of Congress, Dr. James ing her family and community. She served as the new salinity laboratory at the University of Billington, in a program being held in the great a school and community nurse for 45 years California, Riverside, which is very important hall of the Thomas Jefferson Building. Our until her retirement in 1987. At a time when to my region of California. I regret that I Register of Copyrights, Marybeth Peters, will women were not encouraged to attend col- missed the votes that day related to the ap- also address her staff on the current and fu- lege, Ms. Krawiec continued to develop her pointment of Representative GREG LAUGHLIN ture role of that important office. health care skills through schooling at various to the Committee on Ways and Means.

∑ 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 1406 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 1995 COMMENDING AN ARTICLE IN THE would ignore a book today called ‘‘You Can’t And Al was not the only member of the WALL STREET JOURNAL Do Business With Le Duc Anh.’’ But it re- Hadley household to live by the code of vol- mains as true today as in the 1930s: The U.S. unteerism, and service to others. shouldn’t open ties with dictatorships that Cecilia was a church organist and piano HON. DUNCAN HUNTER respect neither their own citizens nor foreign OF CALIFORNIA treaty obligations. teacher for 30 years, although few of her IN THE HOUSE OF REPRESENTATIVES many students ever paid for more than their f music. She knitted uncounted numbers of Tuesday, July 11, 1995 CLINTON RECESSION sweaters and blankets for the organization, Mr. HUNTER. Mr. Speaker, I rise today to ``Birthright,'' and served as a hospital auxiliary commend to the House an article in today's volunteer for many yearsÐmaking patients' Wall Street Journal. Written by the very HON. RON PACKARD hospital stays a little bit brighter through her thoughtful and articulate Bruce Herschensohn, OF CALIFORNIA ready care and ready smile. An accomplished it details, concisely, just what the President is IN THE HOUSE OF REPRESENTATIVES cook, she has most recently donated her time giving away by recognizing the Socialist Re- Tuesday, July 11, 1995 and talents as an English coach in a local ele- public of Vietnam. mentary school. Mr. PACKARD. Mr. Speaker, President Clin- DON’T REWARD VIETNAM The Hadleys also found time to raise their ton is preparing to attack the Contract With own family, of course, and have two loving (By Bruce Herschensohn) America and the Republican policies we have This week, President Clinton plans to give sonsÐPeter and DavidÐfive grandchildren worked so hard to pass. He is going to claim and one great-granddaughter. full diplomatic recognition to the Socialist that these policies are to blame for a reces- Republic of Vietnam. Most of the con- Mr. Speaker, it is rare that one comes troversy surrounding the move has focused sion that is just around the corner. Mr. Speak- across one person as dedicated to serving on the POW/MIA issue. While this is impor- er, nothing could be further from the truth. Our others as Al and Cecilia. If is rarer still that tant, it obscures the real significance of the tax cuts and balanced budget proposals have one encounters two such people, particularly administration’s decision: By recognizing not even been enacted into law and he is two celebrating their 60th wedding anniver- Vietnam now, Mr. Clinton would send a mes- claiming Republicans are responsible. sary. sage to foreign governments that it’s unnec- The fact is, when the economy begins to I would like to wish this special couple all essary to keep agreements with the U.S. decline, the President need look no further U.S. troops were removed from South Viet- the best on their special day and to thank nam because of the agreements initialed on than his own office. His historical tax increase them from the bottom of my heart for the tre- Jan. 23, 1973, by Henry Kissinger for the U.S. has hurt middle class Americans. Wages and mendous impact they have had on my life and and Le Duc Tho for Vietnam. Before we salaries fell 2.3 percent between March 1994 the lives of so many other youngsters. They make any new agreements with Hanoi, and March 1995. That is the largest drop on are truly a symbol of all that is right with wouldn’t it be worthwhile to remember the record. National savings plummeted 5.2 per- America, of the ideals and commitment to contents of this treaty, the last one between cent in March and April, most probably be- service that makes this nation great. the two countries? cause the American taxpayer had to pay more f Chapter 4, Article 9 of the Paris Accords this year than last to the IRS and the list does states that ‘‘the South Vietnamese people IN HONOR OF ASSOCIATE CIRCUIT shall decide for themselves the political fu- not end here. Jobs, industrial production, fac- ture of South Vietnam through genuinely tory orders and housing starts have all JUDGE MICHAEL LYONS free and democratic general elections under dropped. President Clinton's budget policies international supervision.’’ Article 11 guar- take the drive out of our economic engine. HON. JERRY WELLER antees the ‘‘democratic liberties of the peo- Mr. Speaker, I strongly believe that through OF ILLINOIS ple: personal freedom, freedom of speech, smaller Government and tax cuts we can re- IN THE HOUSE OF REPRESENTATIVES freedom of the press, freedom of meeting, cession proof the economy and put it back on Tuesday, July 11, 1995 freedom of organizations, freedom of politi- track. Furthermore, regulatory and tort reform cal activities, freedom of belief, freedom of will put unprecedented muscle behind our Mr. WELLER. Mr. Speaker, today I would movement, freedom of residence, freedom of like to honor the retirement of Associate Cir- work.’’ economy, creating a vibrant economic future The accords were taken seriously by the of all Americans. cuit Judge Michael Lyons, who has served Will County with distinction from 1975 to 1995. American side. When President Nixon in- f formed the nation of the signing of the ac- Born on August 11, 1916, Judge Lyons cords, he said. ‘‘The people of South Vietnam SALUTE TO ALFRED AND CECILIA graduated from DePaul Law School and was have been guaranteed the right to determine HADLEY licensed to practice law in 1940. He married their own future without outside inter- Helen Glass in 1945 and together they raised ference.’’ six children, Robert, Thomas, James, John, But to this day, more than 22 years later, HON. ELTON GALLEGLY Joan, and Diane. He also served in the U.S. the Paris Accords remain unobserved by the OF CALIFORNIA Army Counter Intelligence Corps during World Hanoi government. Not only did the North IN THE HOUSE OF REPRESENTATIVES violate the treaty by invading the South in War II. 1975, but since then the government has de- Tuesday, July 11, 1995 Judge Lyons' specialty is in the trial of personal injury cases in the State and Federal nied to the people of Vietnam every one of Mr. GALLEGLY. Mr. Speaker, I rise today to Courts throughout the United States. the liberties enumerated in the accords. salute two people who have combined a life- The pro-Hanoi lobby doesn’t seem to care. While Will County is losing a very dedicated long dedication to each other with a lifelong Many business people in the U.S., it seems, and respected judge and public servant, I wish dedication to each other with a lifelong dedica- ignore the moral aspects of recognizing Viet- him the best of luck in retirement. His insight tion to helping othersÐparticularly young peo- nam and look at it only as a means to fatten and knowledge of the law will be greatly ple. their wallets. They justify this approach by missed. arguing that opening ties with Vietnam will Alfred and Cecilia Hadley celebrate their pave the way for democracy and human 60th wedding anniversary today, and their per- f rights. sonal joy is accompanied by the fact that they SUPPORT FOR BENIN’S PEACE Please. We’ve heard it all before. have given so many of us so much to cele- That was the business lobby’s argument for INITIATIVES giving ‘‘most favored nation’’ status to the brate. I can honestly say that I have never met People’s Republic of China. Today, along two people as dedicated to serving and guid- HON. ROBERT G. TORRICELLI ing others as Al and Cecilia, and no two peo- with hundreds of thousands of others who OF NEW JERSEY suffer at Beijing’s hands, the imprisoned ple have had as great a personal effect on IN THE HOUSE OF REPRESENTATIVES American human-rights campaigner Harry me. Wu can testify that these arguments were Like many young boys, I became involved in Tuesday, July 11, 1995 false. Scouting early in my life and Al Hadley was Mr. TORRICELLI. Mr. Speaker, I would like They’ve always been false. I have on my desk an old and tattered book published be- my Scoutmaster. I frankly cannot imagine a to express my support for the initiatives of the fore our entry into World War II. Its title is more involved, dedicated and selfless leader. Government of Benin in its efforts to facilitate ‘‘You Can’t Do Business With Hitler,’’ by Al more than earned the nickname, ``Skip- peace in West Africa and the world. Douglas Miller. Many American business per''Ðhe had an extremely positive influence The President of the Republic of Benin, people ignored this advice then, just as many on all of us. Nicephore Soglo, as two-time headÐ1992 and July 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1407 1993Ðof the Economic Community of West the timely and successful launch of windows memory, or RAM, to run its various tools. African States [ECOWAS], has led the search 95 and the Microsoft Network on August 24. Most consumers have been buying computers for peace throughout Liberia's difficult rec- Given all this, I thought my colleagues might with just four megabytes of RAM and will be be interested in the views of several com- turning to the memory providers for up- onciliation process. President Soglo's adminis- grades. tration has hosted several reconciliation con- mentators. Many of them have raised ques- ‘‘I think eight megabytes of RAM will be ferences and efforts for peace in the region. tions about the Justice Department's investiga- underpowered, and most are going to be As noted, he was elected twice to head tion of Microsoft's decision to include a feature looking for 16 megabytes,’’ predicts Charles ECOWAS, because the heads of state were in windows 95 that will make it easier for cus- F. Boucher, a semiconductor analyst with looking for one of their peers who would be to- tomers to subscribe to the Microsoft Network Hambrecht & Quist. tally neutral vis-a-vis all the factions involved if they choose to do so. These commentators Although the big RAM makers such as Mi- in the Liberian crisis. wonder how such regulatory intervention in the cron and Texas Instruments are the obvious names, smaller companies could profit from Although a small nation of approximately 5 computer industry benefits users, competition the memory demand. million people, Benin made a courageous offer or the country generally. ‘‘When it comes to Windows 95, anyone to welcome Haitian refugees during the crisis I would ask that these articles be included selling anything remotely related to mem- of 1994. Moreover, Benin's government sent a in the RECORD. ory will benefit—because you’ll need it,’’ police force of 30 to 50 persons to participate [From the Wall Street Journal, June 19, 1995] comments Lise Buyer, an analyst with T. under the umbrella of the group for the res- SUCCESSFUL LAUNCH WOULD BEA BOON TO Rowe Price’s Science and Technology Fund. toration of democracy in Haiti. Benin was the DOZENS OF FIRMS Integrated Silicon Solutions, which makes the higher performance SRAM memory cir- only African country that agreed to do so. (By Molly Baker) cuits, is already producing at capacity and Other examples of peace initiatives in West Microsoft’s Windows 95 may create a tidal orders are expected to increase. The Sunny- Africa include Benin's dialogue with its neigh- wave in the technology and financial mar- vale, Calif., company’s shares, which rose 1⁄4 bors Niger and Togo. With Niger, Benin has kets, but investors looking to profit by it to 51 Friday on the Nasdaq Stock Market, established a joint border demarcation com- should search among the ripples. have soared from an initial offering price of mission to resolve the dispute over the island Certainly no one should underestimate the 13 in February. of Lete on the Niger river. Relations with Togo significance of the new operating system, Another 1995 IPO that might ride Windows scheduled to be shipped on Aug. 24, less than 95 to bigger gains is Oak Technology, a were strengthened by a recent visit from To- 10 weeks from now. golese Prime Minister Edem Kodjo. Regional maker of semiconductors and software spe- ‘‘This is a broad infrastructure change that cifically for multimedia applications. Multi- stability will stimulate substantially more trade will have ramifications not seen before,’’ media is supposed to be one of Windows 95’s with and among the states of West Africa. proclaims Chris Galvin, a software analyst especially strong suits. Oak’s stock has been Mr. Speaker, the United States Government with Hambrecht & Quist. ‘‘This is not your rising in tandem with consumer demand for has strengthened ties with the Republic of normal upgrade cycle; it is a very significant CD-ROM-equipped computers. Shares have Benin since it has become a model for democ- event.’’ more than doubled since Oak’s first-quarter Obviously, Microsoft has the most to gain ratization in Africa. Let us not forget that Benin IPO at 14 a share to Friday’s close of 341⁄4, up or lose from Windows 95 and its price already 31⁄4. was the first one-party Marxist State in Africa reflects that. But changes the system will to achieve a successful transition to democ- Once armed with the latest turbocharged bring—providing, of course, that it is suc- computers and the new operating system, racy, marked by the free and fair Presidential cessful—will be a boon to dozens of other consumers will turn to software developers election of 1991. Benin is now using its inter- companies. to write more advanced multimedia titles to national credibility and stature to facilitate REPLACING PCS take advantage of that power. To hear and peace in West Africa and the world. Consider, for instance, that the new oper- see all of the bells and whistles of the new f ating system probably will make obsolete programs, computer makers and consumers many of the personal computers sold in the will be loading their PCs with all kinds of THE SOFTWARE INDUSTRY IS FAC- past decade. The sheer number of people who graphic accelerator chips and boards. ING INCREASING GOVERNMENT will be seeking to replace or upgrade their SOARING SHARES OVERSIGHT AND REGULATION existing PCs suggests that computer retail- A number of smaller companies specialize ers like CompUSA will be mobbed. in the graphic chips market, and their stocks HON. RICK WHITE ‘‘With its ease of use, [Windows 95] will have been soaring this year. S3 has more also draw new users to computers for the than doubled this year, closing Friday at OF WASHINGTON first time. It’s likely to be one incredible 345⁄8, down 1. Trident Microsystems has IN THE HOUSE OF REPRESENTATIVES Christmas season,’’ says Shelton Swei, a gained 64% this year to close at $19.25 a share technology analyst and portfolio manager at Tuesday, July 11, 1995 on Friday, up 1⁄2, while Chips & Technologies, Fred Alger Management. which focuses on the portable PC market, Mr. WHITE. Mr. Speaker, later this month ‘‘Because CompUSA is more on the has gained 55% since January to end last the House will take up historic telecommuni- consumer side, they will benefit from the week at $11.125, up 1. cations reform legislation to deregulate and in- consumers’ quick adoption rate,’’ says Mr. S3 got an added boost last week when troduce competition into areas that were pre- Swei. ‘‘They’ll get traffic from people in the Compaq Computer said it would use an S3- stores getting the upgrade and those people produced multimedia chip package in one of viously monopolies by government franchise. I just might pick up a game or two at the can assure my colleagues that the Commerce its PC lines. Following the announcement, same time.’’ S3 said it was comfortable with analysts’ Committee, under the able leadership of Wholesale distributors such as Tech Data sales estimates for the year of $300 million, and Merisel can also expect burgeoning or- Chairman Bliley and Subcommittee Chairman compared with $140 million in 1994. Fields, also has been on guard to ensure that, ders for both hardware and software. They The second quarter played host to two hot as we deregulate the telecommunications in- are two of the largest middlemen that put IPOs of companies which make boards com- dustry, we do not inadvertently begin regulat- computer equipment and supplies from the bining the various graphics and multimedia ing the computer and information services in- major manufacturers on the shelves of re- chips. Diamond Multimedia Systems and tailers. dustries. Number Nine Visual Technology should both I am confident that this Congress would UTILITIES PROGRAMS get a boost from consumers who want to up- never create a ``Federal Computer Commis- Along with Windows 95, consumers will grade their capabilities without buying a sion.'' The computer industry is a model of also be snapping up new utilities programs, new computer. such as virus protection and hard-drive In addition to selling the boards, Number how a competitive market fosters economic backup tools, as the old set won’t work with Nine also makes its own high-end 128-bit growth. Moreover, it illustrates how techno- Windows 95. Many money managers are bet- graphics card—enabling computing to run at logical advance by one company can create ting on Symantec, which controls about 75% near Mach speeds compared with the current enormous economic opportunities for many of the utilities market. 16-bit standard and Windows 95’s break- others in the marketplace. The most recent ‘‘Our logic with Symantec is real simple. through 32-bit capabilities. example, I am proud to note, is the develop- Once [Windows 95] gets released, the utilities ‘‘It’s a small market right now, but that’s ment by Microsoft of its windows 95 personal upgrades will be pervasive, just like when where a lot of the growth will be coming computer operating system software and its Windows 3.0 was introduced,’’ says Edward from in the next few years,’’ says Brad Antoian, a portfolio manager with Philadel- Hoopman, a technology analyst with Phila- new online information service, The Microsoft phia-based Delaware Management. delphia-based PNC Small Cap Growth Fund. Network. As the Wall Street Journal recently Then there are the memory makers. Win- With increased memory and the speed of noted, much of the high technology sectorÐ dows 95 will gobble up memory, requiring at the new system, more consumers will be and the market generallyÐanxiously awaits least eight megabytes of random-access turning to the Internet for entertainment E 1408 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 1995 and information. They might need high-per- future plans to market such a new system. Oh, and while it’s at it, the appeals court formance modems made by Microcom and Mostly, it lets computer buyers, dealers, and might want to tell Judge Sporkin to turn off U.S. Robotics. software makers (or even consumers) know the fax machine in his chambers and avoid One warning from the analysts: Software that something new may be on the horizon. bookstores on his next vacation. makers that aren’t ready for Windows 95 But Judge Sprokin said, no, this f when it arrives could be in for some hard ‘‘vaporware’’ (as in, it doesn’t exist yet and times. They recommend evaluating software may never actually exist) is nothing more CROATIAN AMBASSADOR EXPOSES stocks in light of their ability to offer Win- than a sinister plot by Microsoft to keep peo- YUGOSLAVIA’S MILITARY IN- dows 95 products. ple from buying similar competing products VOLVEMENT IN SERBIAN OCCU- ‘‘Clearly it’s something that has to be before its own product emerges from the fac- PIED CROATIA thought of in the overall investment equa- tory. tion,’’ advises Fred Alger’s Mr. Swei. ‘‘When Let’s take the judge’s reasoning out to its considering the technology stocks, you’ve conclusion. Instead of telling people (before- HON. GEORGE P. RADANOVICH got to think about whether the product can hand) what Windows 95 will look like when it OF CALIFORNIA compete or will it just become irrelevant’’ in comes out, Judge Sporkin wants Microsoft IN THE HOUSE OF REPRESENTATIVES the post-Windows 95 world. to just drop the program in people’s laps one Tuesday, July 11, 1995 [From the Washington Times, April 21, 1995] day. Sure, that makes a lot of sense. In addition, Judge Sporkin apparently en- Mr. RADANOVICH. Mr. Chairman, a memo- MICROSOFT DESERVES REVERSAL ON MERITS, tertained some rather unusual ‘‘ex parte’’ randum sent by Dr. Petar SÆ arcÏevicÂ, Ambas- JUDGE’S GOOFINESS communications with quite interested third sador of Croatia to the United States, exposed There is no polite way to put this. The parties while he was deliberating the case. compelling evidence of direct military involve- Sporkin-Microsoft antitrust case that goes For instance, according to Microsoft’s Ap- ment by the Yugoslav Government in assisting before a U.S. Court of Appeals on Monday is peals Court brief, Apple sent a letter and five just about the goofiest, weirdest, most bi- affidavits accusing Microsoft of various ac- secessionist Croat Serb forces. I have submit- zarre case of its kind. Ever. Here are the ba- tions unrelated to the Justice case directly ted this memorandum in order to make my sics of the case: to Judge Sporkin’s chambers. The other side colleagues aware of the gravity of these cir- In the 1980s, Microsoft officials bet the didn’t find out until later. cumstances in hopes of continuing support of ranch that they could build an operating sys- And a software industry commentator internationally imposed sanctions on Yugo- tem that would serve as a foundation, or faxed an accusatory letter directly to the slavia. platform, for most or all of the software ap- judge’s chambers opposing the consent de- Washington, DC, June 30, 1995. plications that run on personal computers. cree, according to Microsoft’s brief. Judge Re Belgrade regime responds to offers for They won—big. Sporkin didn’t bother to tell anyone about suspension of sanctions by stepping up Competition, naturally didn’t like this this, which only later emerged as court docu- its intervention in the Croatian occupied much. Four years ago, they complained to ments became available. territories. Just think of the possibilities if all judges the Federal Trade Commission and then the To: Members of the U.S. Congress. had faxes in their chambers to receive such Justice Department. They said (anony- From: Dr. Petar S˘ arcˇevic´, Ambassador. mously) that SYS–DOS and Windows had ex parte communications. Have a problem been so successful that Microsoft’s operating with the way the O.J. Simpson case is going? It is with deep concern that I write to you regarding the dangerous build-up of the systems had become a monopoly. Which is Just fax in your comments to Judge Lance Yugoslav army forces in the occupied terri- true. Ito’s chambers. Reading through the transcript of the tories of Croatia. First the FTC and then Justice decided During the past several weeks the inter- Sporkin proceedings is a journey through that, in fact, Microsoft did have a monopoly. national community has been engaged in in- fantasyland. At one point, he said he was Never mind that Microsoft had mostly tensive negotiations with the Belgrade re- raising issues unrelated to the case before guessed right and that thousands of inde- gime over suspension of sanctions in ex- him because ‘‘I read a book once that raised pendent software developers were exceed- change for the normalization of relations all these issues, and that’s why I raised ingly delighted that they had. The govern- with Croatia and Bosnia-Herzegovina. Con- them.’’ ment decided to pursue an antitrust case currently, the Belgrade regime stepped up its At another point, he urged Microsoft legal against Microsoft. intervention in Croatia’s occupied terri- counsel to read ‘‘Hard Drive’’ so everyone Four years and millions of taxpayer dollars tories. Croatia has obtained copious evidence would be on the ‘‘same page’’ and constantly later, Justice decided that, well, maybe that documents the active engagement of referred to things he’d clearly read from a Microsoft did have a monopoly and their the Yugoslav army in Croatia by: sending stack of newspaper clips in his chambers. competitors didn’t much like it. But con- equipment from Serbia and Montenegro to And at yet another point, Judge Sporkin sumers were happy—they were getting thou- the occupied territories; directing the para- said he was concerned about the ‘‘schnook sands of new software applications at lower military units on the occupied territories consumer’’ who might be thinking of buying prices—and there wasn’t much of an anti- through Belgrade-commissioned officers sent ‘‘Turbo Charge.’’ Never mind that cars are trust case after all. to these territories for that purpose; paying So Justice and Microsoft officials nego- turbo-charged and that computer run a pro- the wages of those officers and of other mem- tiated a deal, a consent decree that essen- gramming language called TurboBASIC. bers of the proxy government and military; Make no mistake about any of this, tially ordered Microsoft to change the way it and forcibly mobilizing citizens of the ‘‘Fed- Microsoft is clearly an aggressive—maybe licensed its operating system to others. Ev- eral Republic of Yugoslavia’’ (Serbia and eryone—except Apple Computer Inc., and even ruthless—company. It offers deals that Montenegro) and ethnic Serb citizens of Cro- other direct competitors—seemed to be can’t be refused to computer hardware man- atia and Bosnia and Herzegovina for military happy. ufacturers so they will install Microsoft op- service in the occupied territories of Croatia. In the end, the Justice Department con- erating system in their computers. Taken together, the above evidence (see ducted more than 100 interviews at about 80 But none of this is illegal. Microsoft cor- Attachment) is tantamount to yet another companies, reviewed more than 2 million nered the market on personal computer oper- breach of the internationally recognized bor- pages of documents, and devoted more than ating systems by offering very good products ders that UNCRO is supposed to protect, as 20,000 paralegal and economist hours on the at very good prices. Simple as that. well as fortifying the unlawful occupation of case. Kind of takes your breath away. And no amount of equivocating by any- Croatia’s territories. At the same time, this But this story, as bad as it seems, did not one—including a judge who wants to be the evidence confirms an additional build-up in end there. Instead, Stanley Sporkin, the fed- mediator of the computer industry for per- the region, and specifically, threatens the eral district judge assigned to review the haps the next 10 to 20 years—is going to adjacent Bihac´ safe area in Bosnia and consent decree, read a book called ‘‘Hard change that fact. Herzegovina. This situation could result in a Drive’’ during his vacation and created a Even if Microsoft CEO Bill Gates and his renewed attack from occupied Croatian ter- whole bunch of new kooky things for every- good friend President Clinton, did cut their ritories on this important Bosniac enclave. one to look at and basically threw the case own side deal on a golf course somewhere to My Government would then be placed in a out and told them to start over. get Justice to back down in the antitrust very difficult position in light of its sincere Judge Sporkin, for instance didn’t like case, it makes no difference. efforts to meet and honor the obligations in The case against Microsoft was a joke to something called ‘‘vaporware,’’ and was mad bilateral agreements with Bosnia- begin with, and it only got worse with the that Justice didn’t pursue this. And what, Herzegovina. passage of time. ‘‘Schnook consumers’’ are exactly is vaporware? Glad you asked. I appeal to you to keep abreast of develop- getting murdered by this entire mess. ments in both the occupied territories of If there is any intelligent life left in the Croatia and neighboring Bosnia-Herzegovina. federal judicial system around here, the U.S. Your highest consideration of this escalating Court of Appeals should review the case im- situation is essential. mediately, order another federal district When a company like Microsoft is develop- judge to enter the consent decree, and let the ing a new operating system, it announces its computer industry get on with its life. July 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1409

ATTACHMENT 1 of the Yugoslav army and the JNA officer re- called Army of RSK in Croatia, on June 23, sponsible for the siege of Vukovar. 1995. EVIDENCE OF OF FORCIBLE MOBILIZATION Other evidence of Serbian military in- Colonel Uros˘ Despotovic´ from the Yugoslav The forcible mobilization is proceeding on volvement in Croatia include the following. army, transferred to the 70th paramilitary a large scale and is expected to continue. As On June 13, 1995 two Yugoslav army tank Infantry Brigade of the so-called Army of of June 14, 1995, over 4,500 mobilized men units totalling 26 M–84 MBTs operated by the RSK in Plasˇki, Croatia, in June 1995. were transferred against their will and a fur- Yugoslav army’s 211th Armored Brigade, Colonel Milivojevic´ from the Yugoslav ther 500 volunteers have been transported to were sent from Nis˘, Serbia, across the border army, transferred to the 70th paramilitary the occupied territories of Croatia. In addi- with Bosnia and Herzegovina, and deployed Infantry Brigade of the so-called Army of tion, there has been a dramatic increase in in Slunj, in the occupied territories of Cro- RSK in Plasˇki, Croatia, in June 1995. the transfer of military personnel from Ser- atia in sector Glina. In addition, on June 12, Lt. Colonel Milos˘ Cvjetic˘anin from the bia and Montenegro through the territory of 1995 one unit of armored personnel carriers Yugoslav army, transferred to the 2nd Ar- Bosnia and Herzegovina in violent of rel- (APCs) consisting of 10 vehicles operated by mored of the so-called Army of RSK brigade evant Security Council resolutions. Soldiers the Yugoslav army Second Motorized Bri- in Croatia, in June 1995. have been transported in vehicles provided gade was sent from Valjevo, Serbia, across Colonel Milorad Stupar from the Yugoslav by the Yugoslav army and entering the occu- the border with Bosnia and Herzegovina, and army Panc˘evo Special Units corps, trans- pied territories of Croatia. The primary ob- deployed in the same region in Croatia, at ferred to the paramilitary Special Forces of jective of Belgrade authorities is to further Banovina. Furthermore, on June 19, 1995 the the so-called Army of RSK corps in Croatia, strengthen and reinforce their hold in the Yugoslav army supplied equipment for two in June 1995. area of Slunj in Croatia, and thereby secure MI–8 rotary-wing aircraft located at the VIOLATION OF THE ZONE OF SEPARATION (ZOS) the occupation of this region and amass con- Udbina airport in the occupied territories, siderable forces for further engagements in sector Knin, through the territory of Bosnia As of May 1995 a total of 320 Serb para- the strategically important region of Bihac and Herzegovina. military troops remain in the zone of separa- (UN ‘‘safe area’’) in Bosnia and Herzegovina. Croatia has also brought to the attention tion (ZOS), in violation of the March 29, 1994 of the United Nations evidence that through- cease-fire agreement and UN Security Coun- EVIDENCE OF DIRECT AND INCREASING MILITARY out June 1995 the following senior officials of cil Resolution 994 (1995). Of these, 70 are in INVOLVEMENT IN CROATIA the Yugoslav army commissioned officers sector ‘‘Vukovar’’, 50 in sector ‘‘Glina’’, and The very fact that the commander of the were assigned for duty in the occupied terri- 200 in sector ‘‘Knin’’. Furthermore, on June Serb paramilitary forces in Croatia, Lt. Gen. tories of Croatia: 22, 1995 two new platoons of paramilitary Mile Mrks˘ic´, prior to his present assignment, Colonel Slobodan Tarbuk from the Yugo- personnel were deployed in the ZOS in the served as Assistant Chief of the General slav army Kragujevac corps, transferred to vicinity of Kas˘ic´, in sector ‘‘Knin’’, directly Staff of the Yugoslav army, demonstrates the 39th corps of the so-called Army of RSK threatening the civilian traffic on the Zadar- the level of military involvement of Belgrade in Petrinja, Croatia, on June 9, 1995. Maslenica highway. On June 23, 1995 two ad- authorities in the occupied parts of Croatia. Lt. Colonel Vuc˘ekovic´ from the Yugoslav ditional platoons of paramilitary personnel Mrks˘ic´ was responsible for the special forces army, transferred to the 11th corps of the so- were deployed in the ZOS near Osijek. REINFORCEMENTS TO THE PARAMILITARY FORCES IN THE OCCUPIED TERRITORIES OF CROATIA FROM ‘‘ARMY OF YUGOSLAVIA’’, JUNE 1995

Date Reinforcement type Number From To

Equipment: June 13 ...... Armored personnel carriers ...... 10 ...... 2 motorized brig. [Valjevo] ...... Banovina (sector Glina). June 13 ...... Main battle tanks M–84 ...... 26 ...... 211 armored brigade [Nis] ...... Slunj (sector Glina). June 19 ...... Anti-armor ordinance for Mi-8 rotary-wing aircraft ...... 2 ...... ‘‘Army of Yugoslavia’’ ...... Udbina airfield (sector Knin). Personnel: June 4 ...... Volunteers ...... 100 ...... Serbia ...... Plaski (Knin). June 13 ...... Volunteers ...... 800 ...... Serbia ...... Knin (Knin). June 13 ...... Forcibly mobilized ...... 150 ...... Serbia ...... Batnoga (Glina). June 14 ...... Forcibly mobilized ...... 300 to 400 ...... Serbia ...... Vukovar. June 14 ...... Forcibly mobilized ...... 400 to 500 ...... Serbia ...... Slunj (Glina). June 15 ...... Volunteers ...... 100 to 120 ...... Serbia ...... Plaski (Knin). June 16 ...... Forcibly mobilized ...... 700 to 800 ...... Novi Sad ...... Slunj (Glina). June 17 ...... Forcibly mobilized ...... 2000 to 2300 ...... Serbia ...... Slunj (Glina). June 17 ...... Volunteers ...... 80 ...... Serbia ...... Soskovci. Total ...... 4600 to 5200.

OFFICERS

Date Name Rank From To

June 9 ...... Slobodan Tarbuk ...... Colonel ...... Kragujevac Corpps, ‘‘FRY’’ ...... 39 corps. June 26 ...... N. Vuckovic ...... Lt. Colonel ...... ‘‘Army of Yugoslavia’’ ...... 11 corps. June ...... Uros Despotovic ...... Colonel ...... ‘‘Army of Yugoslavia’’ ...... 70 brig. (Plaski). June ...... Milivojevic ...... Colonel ...... ‘‘Army of Yugoslavia’’ ...... 70 brig. (Plaski). June ...... Milos Cvjeticanin ...... Lt. Colonel ...... ‘‘Army of Yugoslavia’’ ...... 2 arm. brig/spec. corps. June ...... Milorad Stupar ...... Colonel ...... Commando brigade Pancevo, ‘‘FRY’’ ...... Spec. Forces Corps. Source: Letter from Mr. Hrvoje Sarinic, Head of the Croation Government’s Commission for UNCRO, to Mr. Yasushi Akashi, Special Envoy of the UN Secretary General, June 28, 1995.

MFN FOR BULGARIA place a democratic republic has emerged. The tus would decrease the tariffs it pays and en- country's human rights record has improved sure that its economic reform program contin- HON. LEE H. HAMILTON dramatically. Emigration is no longer a prob- ues at an even faster rate. lem; in fact, President Clinton determined in OF INDIANA The United States would also directly bene- 1993 that Bulgaria is in full compliance with fit from lifting title IV restrictions vis-a-vis Bul- IN THE HOUSE OF REPRESENTATIVES title IV freedom of emigration requirements. Al- garia. In general terms, this policy would en- Tuesday, July 11, 1995 though not yet completely resolved, the Gov- ernment has made a sustained effort to hance bilateral trade relations between the two Mr. HAMILTON. Mr. Speaker, I speak in countries. More specifically, the extension of favor of graduating Bulgaria from title IV trade strengthen its relations with Bulgaria's significant Turkish minority. MFN status to Bulgaria is needed if the United restrictions, the Jackson-Vanik restrictions, States is to take full advantage of all GATT under the Trade Act of 1974. I commend Mr. On the economic front, Bulgaria's Govern- and WTO provisions, for Bulgaria is currently CRANE, Mr. RANGEL, and the entire Committee ment has implemented sweeping reforms in the process of acceding to the two inter- on Ways and Means for taking this timely ac- modeled on free-market principles, including national trade institutions. tion. privatization. While reforms are perhaps not Since the late 1980's Bulgaria has made proceeding as smoothly as might have been I urge my colleagues to support this meas- great strides in ameliorating its political and expected, the economic situation in Bulgaria ure which will provide an important political economic circumstances. Bulgaria's com- has improved substantially throughout the and economic boost for Bulgaria's democratic, munist government has collapsed, and in its 1990's. Granting Bulgaria permanent MFN sta- free-market development.

1 Source: Letter sent by The Minister of Foreign Affairs of the Republic of Croatia to the United Na- tions Secretary General on June 28, 1995. E 1410 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 1995 TRIBUTE TO MAJ. GEN. WALLACE provided a positive role model for thousands provide innovative ways to address the overall C. ARNOLD of cadets. Throughout his tenure he was cited availability of low-cost, nutritious food in low- for his caring, innovative, and competent lead- income communities. There is a little direct re- HON. IKE SKELTON ership. First ROTC Region was rated the best lationship between food assistance and nutri- OF MISSOURI within Cadet Command in recruiting, training, tion programs, and local farmers. Traditional IN THE HOUSE OF REPRESENTATIVES and producing quality officers. Under his lead- nutrition programs have not provided opportu- ership the performance of historically black Tuesday, July 11, 1995 nities for recipients to participate in the proc- colleges improved dramatically. That First ess of providing at least some of their food, Mr. SKELTON. Mr. Speaker, I rise today to ROTC Region's Advanced Camp was rated nor have they offered economic opportunities pay tribute to a great American, an outstand- the best by Cadet Command is directly attrib- ing Army officer, and a great individual: Maj. or job training that could assist at least some utable to his leadership and managerial skill. recipients to move beyond the economic con- Gen. Wallace C. Arnold, known to his many He also worked closely with the Junior ROTC ditions that necessitate reliance on food as- friends as Wally. This month Wally Arnold will Programs to improve their activities and focus sistance programs. There is a need to develop complete 35 years of dedicated service to his on citizenship. country. Major General Arnold was born here In May 1990, now Major General Arnold as- innovative approaches to providing food to in Washington, DC, and raised in Warrenton, sumed command of the entire Cadet Com- low-income families, particularly approaches VA. mand. He was an inspirational leader, strate- that foster local solutions and that deliver mul- Today he serves as the assistant deputy gic thinker, and role model for all. He oversaw tiple benefits to communities. chief of staff for personnel. This is the cap- a reasoned and well balanced drawdown of The concept of community food security is a stone of a remarkable career which he started Senior ROTC units across the country that left comprehensive strategy to feeding hungry in 1957 when he entered college at Hampton Cadet Command better able to accomplish its people, one that incorporates the participation Institute and enrolled in the Reserve Officer's mission, while at the same time, he promoted of the community and encourages a greater Training Corps [ROTC]. Upon graduation in and implemented the rapid expansion of Jun- role for the entire food system, including local 1960, he was awarded a bachelors of science ior ROTC. agriculture. This strategy can result in many degree in industrial education and a commis- In his final assignment at the Department of benefits to a low-income community while pro- sion as a air defense artillery 2d lieutenant. the Army, Major General Arnold was a sage viding food for poor families. An example is a His first assignment was to Korea, where he advisor to two Deputy Chiefs of Staff for Per- food bank that sponsors a farm wherein hun- served as a platoon leader in the 2d Battalion sonnel. In fact, he served as the acting dreds of households purchase shares that pro- 71st Air Defense Artillery. Upon returning to DCSPER for 5 months last year. In his final the United States, he served with the 35th Air assignment, he oversaw the final drawdown vide them with fresh farm products; the farm Defense Artillery Brigade at Fort Meade, MD policies that were used to properly shape the also supplies fresh produce to hundreds of as the headquarters battery commander. officer and enlisted forces. He also contributed pantries and meals programs that feed hungry In 1966, Wally Arnold was transferred over- significantly to the development and funding of families. Another example would be a home- seas for 4 years. First he served with the 30th personnel automation information systems that less shelter that provides culinary skills train- Air Defense Artillery Brigade in Okinawa, will improve the Army for years to come. ing to clients and works with social service where he began his long service in the per- Major General Arnold's career has been agencies to find them regular employment in sonnel area. After 3 years, then Captain Ar- marked by selfless service, devotion to duty, the food industry. In a recent subcommittee nold was transferred to the Republic of Viet- and dedication to soldiers and their families. hearing we learned of a nonprofit group, the nam. Here he made a major contribution while His outstanding performance of duty and sig- America the Beautiful Fund, that distributes serving as the chief, psychological operations nificant contributions to America's Army mark seeds donated by seed companies to projects division, XXIV Corps in support of several Re- him as a first rate officer. I am sure my col- in all 50 States; these seeds have produced public of Vietnam combat units. After a short leagues join me in wishing him and his wife tons of food for low-income families. These tour at Fort Bliss, TX, General Arnold was as- the best in their retirement in the Tidewater worthy projects should be encouraged, and signed to Washington, DC, where he served area of Virginia. can be replicated with the help of the grants as personnel assignments officer. f this bill will provide. The Army recognized Wally Arnold's leadership abilities by selecting him in 1974 to com- INTRODUCTION OF THE The Community Food Security Act author- mand the 3d Battalion, 61st Air Defense Artil- COMMUNITY FOOD SECURITY ACT izes the Secretary of Agriculture to make lery in the 3d Armored Division. After a suc- grants to organizations to establish community cessful tour as a battalion commander, Gen- HON. E de la GARZA food security projects. The bill requires that eral Arnold again returned to the Washington OF TEXAS each organization receiving such a grant pro- area for a variety of staff jobs including such IN THE HOUSE OF REPRESENTATIVES vide at least a 50-percent match. The term of prestigious positions as the military assistant Tuesday, July 11, 1995 the grant may be for no more than 3 years. to the Under Secretary of the Army. These requirements are to ensure strong com- The Army again recognized Wally's dynamic Mr. DE LA GARZA. Mr. Speaker, I am today munity support for each project, so that when leadership abilities, when in 1982, he was se- with many of my colleagues introducing the the Federal grant terminates the project will lected to command the 69th Air Defense Artil- Community Food Security Act of 1995. This continue.Preference will be given to projects lery Brigade in Wurzburg, Germany. bill will give the Secretary of Agriculture the designed to develop linkages between two or Following his successful command tour and authority to award one-time grants to organi- more sectors of the food system; to support promotion to brigadier general, he remained in zations developing innovative community- the development of entrepreneurial solutions Europe to serve in a joint billet as the director based projects to address both food access to local food problems; to develop innovative of personnel and administration (J1) for the and economic development issues in local U.S. European Command. Despite the decline communities. At a time when Federal nutrition linkages between the for-profit and nonprofit in the value of the dollar against foreign cur- resources are being stretched to the breaking food sectors; or to encourage long-term plan- rencies, Major General Arnold was able to point, local long term solutions to hunger con- ning activities and multi-system interagency sustain and in many areas improve the mo- cerns must be encouraged. Projects that ad- approaches. rale, welfare, and recreational facilities avail- dress hunger needs while also providing job I am hopeful that this legislation can be able to soldiers and their families. He worked training and economic development at the made a part of the nutrition title of the 1995 closely with the Department of Defense De- local level deserve our enthusiastic support. farm bill, and I am especially pleased that Mr. pendent Schools Systems to ensure continu- Efforts to deal with hunger in the United EMERSON, chairman of the Subcommittee on ation of quality education for the family mem- States have for the most part relied on a com- Department Operations, Nutrition and Foreign bers of soldiers assigned in Europe. bination of Government food and nutrition pro- Agriculture is cosponsoring this legislation with In 1987 he returned to the United States to grams such as food stamps, WIC, meals for me. begin his long association with the Reserve the elderly, and privately funded charitable Officers Training Corps. He served first as the feeding programs such as food pantries and commander of the First ROTC Region, en- soup kitchens. Although these programs have compassing the eastern seaboard of the Unit- gone a long way to reduce hunger and mal- ed States. Here his dynamic leadership style nutrition in this country, there is still a need to July 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1411 TRIBUTE TO G. RUSSELL BASSETT EXPLANATION FOR MISSED VOTES Stanley brought to his job a thorough knowledge of energy and environment policy, and a HON. PETER J. VISCLOSKY HON. FORTNEY PETE STARK sharp political sense that was invaluable to a OF CALIFORNIA vast array of issues that came before our OF INDIANA members every year. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Stanley also had a deep commitment to the Tuesday, July 11, 1995 Tuesday, July 11, 1995 institution of the House of Representatives it- Mr. STARK. Mr. Speaker, the evening of self, and he continued to work with the com- Mr. VISCLOSKY. Mr. Speaker, it gives me July 10, I missed four votes because of the mittee through great personal difficulties be- great pleasure to rise today and pay tribute to need to be with my wife in child-birth classes. cause of his belief in our laws and our system a celebrated community servant, Mr. G. Rus- I hope everyone who has been through this of government. His loss will be deeply felt by sell Bassett. On Friday, July 14, 1995, Russ, process will be understanding of my absence. all those who work on these issues and all along with his friends and family, will celebrate If I had been present, I would have voted: those who were fortunate enough to know and his retirement from the Sheet Metal Workers No, on rollcall 474, moving the previous ques- work with him. Union Local No. 20. This retirement dinner will tion; No, on rollcall 475, the motion to table A memorial service is being held at 1 p.m. take place at the Radisson Hotel in Merrillville, the motion to reconsider; No on rollcall 476, this Friday in the Morris K. Udall Hearing IN. the committee assignment resolution; and No Room of the Committee on Resources, 1324 We are all fortunate to have dedicated peo- on rollcall 477, permission for committee to sit Longworth Building. I hope that Members and ple, like Russ, involved in the labor movement for remainder of week while the House is their staffs would attend to show their respect in Indiana's First Congressional District. In- meeting. and appreciation for this talented and dedi- deed, Russ personifies true selfless dedica- f cated public servant. tion. Russ embarked on his distinguished career in former Sheet Metal Workers Local No. A TRIBUTE TO STANLEY f 303, where in 1970, he began as a business SCOVILLE CONGRATULATING ‘‘PARAMETERS’’ manager. In 1983, local No. 303 merged with ON ITS 25TH ANNIVERSARY local No. 20, and in the following year, Russ HON. GEORGE MILLER began 8 years as a business representative OF CALIFORNIA for the new local. He retired on July 1, 1995, HON. LEE H. HAMILTON IN THE HOUSE OF REPRESENTATIVES after nearly 12 years as a business represent- OF INDIANA ative of Sheet Metal Workers Union Local No. Tuesday, July 11, 1995 IN THE HOUSE OF REPRESENTATIVES 20. In all, Russ contributed 39 years of his life Mr. MILLER of California. Mr. Speaker, I Tuesday, July 11, 1995 to fight for labor rights for his union brothers rise with great sorrow to inform the Members and sisters. of the House of Representatives of the pass- Mr. HAMILTON. Mr. Speaker, Parameters is Russ strengthened the labor movement by ing of our friend and coworker, Stanley an official U.S. Army periodical, published contributing in several other capacities. For 25 Scoville, last Saturday morning. quarterly by the U.S. Army War College. I years, Russ served locals Nos. 303 and 20 as For nearly a quarter of a century, Stanley would like to take this opportunity to congratu- a trustee for the health and welfare fund, the Scoville served as a valued, knowledgeable, late ``Parameters'' on its 25th year of publica- Gary area pension fund, and the joint appren- and dependable colleague on behalf of our tion. ticeship committee. Moreover, Russ served for former colleague, Hon. Morris K. Udall, and in Alastair Cooke has called Parameters ``one 3 years as vice president and executive board a variety of positions on the staff of the Com- of the small but odd mixture of magazines I member for local No. 303. mittee on Interior and Insular Affairs. would not want to be without.'' Daniel Bell has Outside of his professional career, Russ has Stanely was born in Phoenix, and retained said, devoted a large portion of his life to the better- a great appreciation and attachment to the I find Parameters one of the more interest- ment of northwest Indiana. Russ devoted 5 Southwest throughout his life. He attended ing and useful journals I read, largely be- years of his life to the Portage Indiana Eco- both undergraduate and law school at the Uni- cause issues and questions discussed rarely nomic Development Commission on which he versity of Arizona, and served as a clerk for are found in Foreign Affairs or Foreign Pol- served as chairman, and another 5 years on U.S. District Court Judge James A. Walsh in icy. the Indiana OSHA Safety Review Committee. 1971±72. At the end of his clerkship, he joined A professional military is vital to the United As we have just celebrated the birthday of the staff of Congressman Udall in Washington, States. Through its candid, provocative es- our Nation's independence, let us remember and from that day forward until his retirement says, Parameters helps to keep our military on those who have worked hard to fulfill the earlier this year, he held a succession of posi- the intellectual cutting edge of the many com- American dream. I offer my heartfelt congratu- tions on Mo's personal and committee staff, plex problems they face. It also contributes to lations to Russ, who has worked arduously to including staff director and counsel, and spe- policymakers' understanding of these prob- make this dream possible for others. Russ has cial counsel to the chairman. lems. And perhaps most important, it provides proven himself to be a distinguished advocate I first met Stanley when I came to the Con- a forum for honest and open debate within the for the labor movement, and he has made gress in 1975 as a junior member of the com- military. northwest Indiana a better place in which to mittee, and we worked together on a wide va- I salute Parameters on its 25th anniversary, live and work. I sincerely wish Russ a long, riety of issues, including on the Ad Hoc Select and urge my colleagues to read this important happy, and productive retirement. Committee on the Outer Continental Shelf. quarterly. Tuesday, July 11, 1995 Daily Digest

HIGHLIGHT House passed foreign operations appropriations bill. Senate Comprehensive Regulatory Reform Act: Senate Chamber Action continued consideration of S. 343, to reform the reg- Routine Proceedings, pages S9647–S9725 ulatory process, taking action on amendments pro- Measures Introduced: Two bills were introduced, posed thereto, as follows: as follows: S. 1021–1022. Pages S9653±93, S9695±S9708 Page S9717 Adopted: (1) Dole Amendment No. 1492 (to Amendment Measures Reported: Reports were made as follows: No. 1487), to include food safety as an exemption S. 92, to provide for the reconstitution of out- from cost-benefit analysis. standing repayment obligations of the Administrator Pages S9655, S9695 of the Bonneville Power Administration for the ap- (2) By a unanimous vote of 99 yeas (Vote No. propriated capital investments in the Federal Colum- 299), Dole Amendment No. 1493 (to Amendment bia River Power System. (S. Rept. No. 104–102) No. 1492), to establish an effective date. S. 283, to extend the deadlines under the Federal Pages S9655±56, S9693 Power Act applicable to two hydroelectric projects in (3) Dole Amendment No. 1496 (to Amendment Pennsylvania. (S. Rept. No. 104–103) No. 1487), to clarify that the bill does not contain S. 468, to extend the deadline under the Federal a supermandate. Power Act applicable to the construction of a hydro- Pages S9695±97 electric project in Ohio. (S. Rept. No. 104–104) (4) By 53 yeas to 45 nays (Vote No. 300), John- S. 543, to extend the deadline under the Federal ston Amendment No. 1497 (to Amendment No. Power Act applicable to the construction of a hydro- 1487), to revise the threshold for the definition of electric project in Oregon. (S. Rept. No. 104–105) a ‘‘major rule’’ to $100 million, to be adjusted periodically for inflation. S. 547, to extend the deadlines applicable to cer- Pages S9697±S9701 tain hydroelectric projects under the Federal Power Withdrawn: Act. (S. Rept. No. 104–106) Dole Amendment No. 1494, to exempt health, S. 552, to allow the refurbishment and continued safety, food safety, or emergency from cost-benefit operation of a small hydroelectric facility in central analysis. Montana by adjusting the amount of charges to be Pages S9656, S9695 paid to the United States under the Federal Power Dole Amendment No. 1495 (to Amendment No. Act. (S. Rept. No. 104–107) 1494), to establish an effective date. S. 595, to provide for the extension of a hydro- Pages S9656±61, S9695 electric project located in the State of West Virginia. Pending: (S. Rept. No. 104–108) Dole Amendment No. 1487, in the nature of a S. 611, to authorize extension of time limitation substitute. for a FERC-issued hydroelectric license. (S. Rept. Page S9653 No. 104–109) Senate will resume consideration of the bill on S. 801, to extend the deadline under the Federal Wednesday, July 12, 1995. Power Act applicable to the construction of two hy- Removal of Injunction of Secrecy: The injunction droelectric projects in North Carolina. (S. Rept. No. of secrecy was removed from the following treaty: 104–110) The Investment Treaty with Trinidad and Tobago Page S9714 (Treaty Doc. No. 104–14). D 830 July 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 831 The treaty was transmitted to the Senate today, Secretary of Transportation; Mark Gerchick and Pat- considered as having been read for the first time, and rick Murphy, both Deputy Assistant Secretaries of referred, with accompanying papers, to the Commit- Transportation for International Aviation; Gerald tee on Foreign Relations and ordered to be printed. Greenwald, United Air Lines, Inc., Chicago, Illinois; Page S9725 Frederick W. Smith, Federal Express Corporation, Messages From the President: Senate received the Washington, D.C.; and Jeffrey Erickson, Trans following messages from the President of the United World Airlines, St. Louis, Missouri. States: DOE REALIGNMENT AND DOWNSIZING Transmitting a report relative to the emigration Committee on Energy and Natural Resources: Committee policies of Romania; referred to the Committee on held hearings to examine the Secretary of Energy’s Finance. (PM–63). Page S9713 strategic realignment and downsizing proposal and Messages From the President: Page S9713 other alternatives to restructure the Department of Communications: Pages S9713±14 Energy, receiving testimony from Hazel R. O’Leary, Secretary of Energy; Daniel Yergin, Cambridge En- Executive Reports of Committees: Page S9714 ergy Research Associates, Cambridge, Massachusetts, Statements on Introduced Bills: Pages S9717±20 on behalf of the Task Force on Strategic Energy Re- Additional Cosponsors: Page S9720 search and Development; and William Martin, Washington Policy and Analysis, Inc., and Jerry Amendments Submitted: Pages S9720±21 Taylor, Cato Institute, both of Washington, D.C. Notices of Hearings: Page S9721 Hearings were recessed subject to call. Authority for Committees: Page S9721 BUSINESS MEETING Additional Statements: Pages S9721-25 Committee on Environment and Public Works: Commit- Record Votes: Two record votes were taken today. tee ordered favorably reported the following bills: (Total—300) An original bill to establish national uniform dis- Pages S9693, S9700±01 charge standards applicable to vessels of the Armed Recess: Senate convened at 9 a.m., and recessed at Forces of the United States; and 8:46 p.m., until 9 a.m., on Wednesday, July 12, An original bill to authorize the Secretary of 1995. (For Senate’s program, see the remarks of the Transportation to increase the Federal share for cer- Acting Majority Leader in today’s RECORD on page tain highway projects in the District of Columbia for S9725). fiscal years 1995 and 1996. TAX TREATMENT OF EXPATRIATED Committee Meetings CITIZENS Committee on Finance: Committee held hearings on (Committees not listed did not meet) proposals to modify the tax treatment of United States citizens and residents who relinquish their APPROPRIATIONS—DEFENSE citizenship or residence, including S. 453, S. 700, Committee on Appropriations: Subcommittee on Defense and related provisions of H.R. 981, H.R. 831, H.R. held hearings on proposed budget estimates for fiscal 1535, and H.R. 1812, receiving testimony from year 1996 for environmental programs of the De- Kenneth J. Kies, Chief of Staff, Joint Committee on partment of Defense, receiving testimony from Rob- Taxation; and Leslie B. Samuels, Assistant Secretary ert M. Walker, Assistant Secretary of the Army (In- of the Treasury for Tax Policy. stallations, Logistics, and Environment); Thomas Hearings were recessed subject to call. W.L. McCall, Jr., Deputy Assistant Secretary of the Air Force (Environment, Safety and Occupational BUSINESS MEETING Health); and Robert B. Pirie, Jr., Assistant Secretary Committee on Foreign Relations: Committee ordered fa- of the Navy (Installations and Environment). vorably reported the following business items: Subcommittee will meet again on Tuesday, July The nominations of David C. Litt, of Florida, to 18. be Ambassador to the United Arab Emirates, Patrick N. Theros, of the District of Columbia, to be Am- GLOBAL AVIATION bassador to the State of Qatar, John T. Stewart, of Committee on Commerce, Science, and Transportation: California, to be Ambassador to the Republic of Committee concluded hearings to examine certain Moldova, Michael W. Cotter, of the District of Co- policies and goals of international commercial avia- lumbia, to be Ambassador to the Republic of tion, after receiving testimony from Federico Pen˜a, Turkmenistan, A. Elizabeth Jones, of Maryland, to D 832 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 1995 be Ambassador to the Republic of Kazakhstan, Vic- Convention Between the Government of the Unit- tor Jackovich, of Iowa, to be Ambassador to the Re- ed States of America and the Government of the public of Slovenia, John K. Menzies, of Virginia, to Portuguese Republic for the Avoidance of Double be Ambassador to the Republic of Bosnia and Taxation and the Prevention of Fiscal Evasion with Herzegovina, James E. Goodby, of the District of Respect to Taxes on Income, together with a related Columbia, for the rank of Ambassador during his Protocol, signed at Washington on September 6, tenure of service as Principal Negotiator and Special 1994, with two declarations and two understandings. Representative of the President for Nuclear Safety (Treaty Doc. 103–34); and and Dismantlement, David L. Hobbs, of California, A Revised Protocol Amending the Convention be- to be Ambassador to the Co-operative Republic of tween the United States and Canada with Respect to Guyana, William J. Hughes, of New Jersey, to be Taxes on Income and on Capital signed at Washing- Ambassador to the Republic of Panama, Peggy ton on September 26, 1980, as amended by the Pro- Blackford, of New Jersey, to be Ambassador to the tocols signed on June 14, 1983 and March 28, 1984, Republic of Guinea-Bissau, Edward Brynn, of Ver- with one declaration. (Treaty Doc. 104–4) mont, to be Ambassador to the Republic of Ghana, STATE SOVEREIGNTY/ROLE OF FEDERAL John L. Hirsch, of New York, to be Ambassador to GOVERNMENT the Republic of Sierra Leone, Vicki J. Huddleston, Committee on the Judiciary: Subcommittee on the Con- of Arizona, to be Ambassador to the Democratic Re- stitution, Federalism, and Property Rights held hear- public of Madagascar, Elizabeth Raspolic, of Vir- ings to examine proposals to restore balance in the ginia, to be Ambassador to the Gabonese Republic role of Federal and State Government in serving the and to serve concurrently as Ambassador to the people, receiving testimony from Nebraska Governor Democratic Republic of Sao Tome and Principe, E. Benjamin Nelson, Lincoln; New York State Sen- Daniel Howard Simpson, of Ohio, to be Ambassador ator James J. Lack, Albany, on behalf of the Na- to the Republic of Zaire, John M. Yates, of Wash- tional Conference of State Legislatures; John G. ington, to be Ambassador to the Republic of Benin, Kester, Williams & Connolly, and Mark Tushnet, and a Foreign Service Officers’ promotion list dated Georgetown University Law Center, both of Wash- June 26, 1995; ington, D.C.; David Engdahl, Seattle University Convention Between the Government of the Unit- School of Law, Seattle, Washington; and Paul E. Pe- ed States of America and the Government of Sweden terson, Harvard University, Cambridge, Massachu- for the Avoidance of Double Taxation and the Pre- setts. vention of Fiscal Evasion with Respect to Taxes on Hearings were recessed subject to call. Income Signed at Stockholm on September 1, 1994, DISCIPLINING DISABLED STUDENTS Together with a Related Exchange of Notes. (Treaty Doc. 103–29); Committee on Labor and Human Resources: Subcommit- tee on Disability Policy concluded hearings to exam- Convention Between the Government of the Unit- ine the effect of Federal policy on the ability of ed States of America and the Government of Ukraine school systems to discipline students with disabil- for the Avoidance of Double Taxation and the Pre- ities, after receiving testimony from Nancy Jones, vention of Fiscal Evasion with Respect to Taxes on Staff Attorney, American Law Division, Congres- Income and Capital, with Protocol, signed at Wash- sional Research Service, Library of Congress; Carl ington on March 4, 1994. (Treaty Doc. 103–30); Cohn, Long Beach Unified School District, Long Additional Protocol that Modifies the Convention Beach, California; Shirley Igo, National Parent Between the Government of the United States of Teacher Association, Washington, D.C.; Charles America and the Government of the United Mexican Weatherly, Weatherly Law Firm, Duluth, Georgia, States for the Avoidance of Double Taxation and the representing the National School Boards Association; Prevention of Fiscal Evasion with Respect to Taxes Diane Lipton, Disability Rights and Education De- on Income, signed at Washington on September 18, fense Fund, Berkeley, California; E. Don Brown, 1992. (Treaty Doc. 103–31); Hurst, Texas, representing the National Association Convention Between the Government of the Unit- of Secondary School Principals Association; Kathleen ed States of America and the Government of the Boundy, Center for Law and Education, Boston, French Republic for the Avoidance of Double Tax- Massachusetts; Marcia Reback, Rhode Island Federa- ation and the Prevention of Fiscal Evasion with Re- tion of Teachers and Allied Health Professionals, spect to Taxes on Income and Capital, signed at Providence, representing the American Federation of Paris on August 31, 1994, together with two related Teachers; Stevan Kukic, Utah State Department of exchanges of notes, with one declaration. (Treaty Education, Salt Lake City; and Bonnie Fell, Skokie, Doc. 103–32); Illinois. July 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 833 VETERANS BUDGET COMPLIANCE Francis M. Rush, Jr., Principal Deputy Assistant Committee on Veterans Affairs: Committee concluded Secretary of Defense for Force Management Policy; hearings to examine options to achieve savings in di- and Frank C. Buxton, American Legion, James N. rect spending in veterans’ benefits and services for Magill, Veterans of Foreign Wars of the United fiscal years 1996 through 2002 as mandated by the States, Richard F. Schultz, Disabled American Veter- fiscal year 1996 Concurrent Budget Resolution (H. ans, Robert Carbonneau, AMVETS, and John C. Con. Res. 67), after receiving testimony from Senator Bollinger, Paralyzed Veterans of America, all of Kerrey; Jesse Brown, Secretary of Veterans Affairs; Washington, D.C. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designates Representative Bills Introduced: Fifteen public bills, H.R. Radanovich to act as Speaker pro tempore for today. 2002–2016; and two resolutions, H.J. Res. 100 and Page H6739 H. Con. Res. 82, were introduced. Pages H6829±30 Recess: House recessed at 9:30 a.m. and reconvened Reports Filed: Reports were filed as follows: at 10 a.m. Page H6742 Report from the Committee on Appropriations Suspensions: House voted to suspend the rules and entitled ‘‘Subdivision of Budget Totals for Fiscal pass the following bills which were debated on Mon- Year 1996’’ (H. Rept. 104–175); day, July 10: H.R. 1091, to improve the National Park System Extension of most-favored-nation status to Cam- in the Commonwealth of Virginia, amended (H. bodia: H.R. 1642, to extend nondiscriminatory Rept. 104–176); treatment (most-favored-nation treatment) to the H.R. 2002, making appropriations for the Depart- products of Cambodia; Page H6755 ment of Transportation and related agencies for the fiscal year ending September 30, 1996 (H. Rept. Extension of most-favored-nation status to Bul- 104–177); garia: H.R. 1643, to authorize the extension of non- H.R. 1175, to amend Public Law 89–454 to pro- discriminatory treatment (most-favored-nation treat- vide for the reauthorization of appropriations, ment) to the products of Bulgaria; Page H6756 amended (H. Rept. 104–123, Part 2); Sikes Act improvements amendments of 1995: H.R. 587, to amend title 35, United States Code, H.R. 1141, amended, to amend the Act popularly with respect to patents on biotechnological processes known as the ‘‘Sikes Act’’ to enhance fish and wild- (H. Rept. 104–178); life conservation and natural resources management H.R. 1170, to provide that cases challenging the programs; and Page H6756 constitutionality of measures passed by State referen- Colorado River Basin salinity control amend- dum be heard by a three-judge court, amended (H. ments: S. 523, to amend the Colorado River Basin Rept. 104–179); Salinity Control Act to authorize additional measures S. 464, to make the reporting deadlines for stud- to carry out the control of salinity upstream of Im- ies conducted in Federal court demonstration dis- perial Dam in a cost-effective manner—clearing the tricts consistent with the deadlines for pilot districts measure for the President. Subsequently, House (H. Rept. 104–180); agreed to H. Con. Res. 82, directing the Senate to S. 532, to clarify the rules governing venue (H. make technical corrections in the enrollment of S. Rept. 104–181); and 523. Pages H6756, H6769±70 H. Res. 185, providing for consideration of H.R. Foreign Operations Appropriations: By a yea-and- 1977, making appropriations for the Department of nay vote of 333 yeas to 89 nays, Roll No. 482, the the Interior and related agencies for the fiscal year House passed H.R. 1868, making appropriations for ending September 30, 1996 (H. Rept. 104–182). foreign operations, export financing, and related pro- Page H6829 grams for the fiscal year ending September 30, 1996. Pages H6756±69 D 834 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 1995 Agreed to the Obey motion to recommit the bill under the 5-minute rule will continue on Wednes- to the Committee on Appropriations with instruc- day, June 12. Pages H6772±H6815 tions to report it back forthwith containing an Agreed To: amendment to provide that not more than $108 The Shuster amendment that delays the imple- million under the Agency for International Develop- mentation date for a plan to reduce the number of ment Children and Disease Programs Fund could be Corps of Engineers division offices from May 1 to used for basic education for children. Subsequently, August 15 of 1996, and strikes a provision barring the bill was reported back to the House containing the use of funds to operate the dredge vessel McFar- the amendment, and the amendment was agreed to. land for purposes other than emergency dredging; Pages H6768±69 Pages H6785±87 Agreed To: The Stupak amendment that provides for installa- The Engel amendment that prohibits the lifting tion of a sand and stone cap in the navigation of sanctions on Serbia and Montenegro unless the project at Manistique Harbor, Michigan; Page H6787 President certifies that certain conditions related to The Smith of Washington amendment that Kosova have been met; Pages H6756±60 sought to reduce the $49 million appropriation for The Jackson-Lee amendment, as modified, that Bureau of Reclamation general administrative ex- states that the Department of State should closely penses by $480,000; and Page H6788 monitor and take into account human rights The Klug amendment that reduces the appropria- progress in Ethiopia as it obligates fiscal year 1996 tion for energy supply, research and development ac- funds for Ethiopia; and Pages H6760±61 tivities by $20 million (agreed to by a recorded vote The Smith of New Jersey amendment that proof 306 ayes to 112 noes, Roll No. 485). hibits funds appropriated for refugee assistance to Pages H6797±H6806 fund Population, Refugees, and Migration bureau Rejected: operating expenses. Pages H6765±67 The Barrett of Wisconsin amendment that sought The Volkmer amendment was offered but subse- to reduce the appropriation for energy supply, re- quently withdrawn that sought to prohibit any funds search and development activities by $5 million (re- to the Government of Kenya unless the President jected by a recorded vote of 182 ayes to 243 noes, determined it was in the national interest. Roll No. 483); Pages H6790±91 Pages H6761±65 The DeFazio amendment that sought to reduce H. Res. 177, the rule which provided for the fur- the Bureau of Reclamation account by $5.12 million ther consideration of the bill was agreed to earlier by (rejected by a recorded vote of 151 ayes to 275 noes, a recorded vote of 246 ayes to 156 noes, Roll No. Roll No. 484); and Pages H6792±94 480. Subsequently, agreed to the Goss motion to The Obey amendment that sought to reduce De- table the Solomon motion to reconsider the vote on partment of Energy supply, research and develop- the rule by a recorded vote of 248 ayes to 153 noes, ment activities by $18 million (rejected by a re- Roll No. 481. Pages H6746-55 corded vote of 155 ayes to 266 noes, Roll No. 486). Agreed to order the previous question on the rule Pages H6806±10 by a yea-and-nay vote of 236 yeas to 162 nays, Roll The following amendments were offered but sub- No. 478, Subsequently, agreed to the Goss motion sequently withdrawn: to table the Volkmer motion to reconsider the vote The Barton of Texas amendment that sought to on the previous question by a recorded vote of 235 provide for the rescission of $65 million previously ayes to 167 noes, Roll No. 479. Pages H6753±54 appropriated for a medical treatment facility at the Bill Re-referred: H.R. 1784, to validate certain site of the terminated Superconducting Super conveyances made by the Southern Pacific Transpor- Collider project; and Pages H6794±97 tation Company within the cities of Reno, Nevada, The Skaggs amendment that sought to increase and Tulare, California, previously referred to the the appropriation for defense environmental restora- Committee on Agriculture, was referred to the Com- tion and waste management account by $142 mil- mittee on Resources. Page H6769 lion. Pages H6810±11 Energy and Water Appropriations: House com- A point of order was sustained against language pleted all general debate and began consideration of that sought to authorize the Secretary of the Army amendments under the 5-minute rule on H.R. 1905, to transfer not to exceed 300 acres of land at the making appropriations for energy and water develop- Cooper Lake, Texas, project from mitigation or low- ment for the fiscal year ending September 30, 1996; density recreation to high-density recreation. but came to no resolution thereon. Proceedings Page H6785 July 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 835 H. Res. 171, the rule under which the bill is NATIONAL SECURITY APPROPRIATIONS being considered, was agreed to earlier by a voice Committee on Appropriations: Subcommittee on Na- vote. Pages H6770±72 tional Security began markup of appropriations for Presidential message—MFN for Romania: Read a National Security for fiscal year 1996. message from the President wherein he submits an Will continue tomorrow. updated report concerning emigration laws and policies of Romania that allow continuation of most-fa- CORRECTIONS DAY LEGISLATION vored-nation status for Romania—referred to the Committee on Economic and Educational Opportunities: Committee on Ways and Means and ordered printed Subcommittee on Workforce Protections held a hear- (H. Doc. 104–93). Page H6815 ing on the following Corrections Day bills: H.R. Referrals: Two Senate-passed measures were referred 1114, to authorize minors who are under the child labor provision of the Fair Labor Standards Act of to the appropriate House committees. Page H6828 1938 and who are under 18 years of age to load ma- Senate Messages: Messages received from the Senate terials into balers and compactors; H.R. 1225, to today appear on pages H6742–43. amend the Fair Labor Standards Act of 1938 to ex- Amendments Ordered Printed: Amendments or- empt employees who perform certain court reporting dered printed pursuant to the rule appear on pages duties from the compensatory time requirements ap- H6831–34. plicable to certain public agencies; and H.R. 1783, Quorum Calls—Votes: Two yea-and-nay votes and to require a change in regulation under the Occupa- seven recorded votes developed during the proceed- tional Safety and Health Act of 1970. Testimony ings of the House today and appear on pages was heard from Representatives Ewing, Combest and H6753, H6753–54, H6754, H6755, H6769, Vucanovich; and public witnesses. H6791, H6794, H6806, and H6810. There were no LOCK BOX DEFICIT PROPOSALS quorum calls. Committee on Government Reform and Oversight: Sub- Adjournment: Met at 9 a.m. and adjourned at 9:59 committee on Government Management, Informa- p.m. tion, and Technology, Committee on the Budget and the Subcommittee on Legislation and Budget Process of the Committee on Rules held a joint hearing on Committee Meetings Lock Box Deficit Proposals. Testimony was heard FOOD STAMP FLEXIBILITY AND from Representatives Brewster, Crapo, Harman, COMMODITY DISTRIBUTION Royce, Zimmer and Foley; Alice M. Rivlin, Director, CONSOLIDATION ACT OMB; and James L. Blum, Deputy Director, CBO. Committee on Agriculture: Subcommittee on Depart- BUDGET AND FINANCIAL ment Operations, Nutrition, and Foreign Agriculture INFORMATION—ANNUAL SHAREHOLDERS approved for full Committee action amended H.R. REPORT 1997, Food Stamp Flexibility and Commodity Dis- Committee on Government Reform and Oversight: Sub- tribution Consolidation Act of 1995. committee on Government Management, Informa- BUDGET ALLOCATIONS; TREASURY, tion, and Technology held a hearing on Budget and POSTAL SERVICE, AND GENERAL Financial Information—Annual Shareholders Report: GOVERNMENT APPROPRIATIONS How Does the Citizen Know What is Going On? Testimony was heard from the following officials of Committee on Appropriations: Approved a revised sec- the GAO: Gene L. Dodaro, Assistant Comptroller tion 602(b) budget allocation report. General, Accounting and Information Management The Committee also began markup of the Treas- Division; Donald Chapin, Chief Accountant; and ury, Postal Service, and General Government appro- Paul L. Posner, Director, Budget Issues, Accounting priations for fiscal year 1996. and Information Management Division; Edward Will continue tomorrow. DeSeve, Controller, Office of Federal Financial Man- agement, OMB; and public witnesses. LABOR—HHS—EDUCATION APPROPRIATIONS CUBAN LIBERTY AND DEMOCRATIC Committee on Appropriations: Subcommittee on Labor, SOLIDARITY ACT Health and Human Services, and Education began Committee on International Relations: Ordered reported markup of appropriations for Labor, Health and amended H.R. 927, Cuban Liberty and Democratic Human Services, and Education for fiscal year 1996. Solidarity Act of 1995. D 836 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 1995 SHOOTDOWN OF UNITED STATES F–16 leum Reserve), if offered by Rep. Schaefer of Colo- OVER FORMER YUGOSLAVIA rado or Rep. Tauzin of Louisiana. Committee on National Security: Held a hearing on the The rule permits the Chair to accord priority in Department of Defense review of the shootdown of recognition to Members who have pre-printed their a United States F–16 over the former Yugoslavia. amendments in the CONGRESSIONAL RECORD. The Testimony was heard from the following officials of rule waives clause 2(e) of rule XXI (prohibiting non- the Department of Defense: Gen. John M. emergency amendments to be offered to a bill con- Shalikashvilli, USA, Chairman, Joint Chiefs of Staff; taining an emergency designation under the Budget and RAdm. C. W. Moore, Jr., USN, Director, Oper- Act) against amendments to the bill. Finally, the ations (Current Operations), The Joint Staff. rule provides one motion to recommit, with or without instructions. LIVESTOCK GRAZING ACT Testimony was heard from Representatives Reg- Committee on Resources: Subcommittee on National ula, Nethercutt, Young of Alaska, Schaefer, Gallegly, Parks, Forests and Lands held a hearing on H.R. Weldon, Zimmer, Largent, Souder, Coburn, Dicks, 1713, Livestock Grazing Act. Testimony was heard Dingell, Rahall, Tauzin, Brewster, Harman, and from Representatives Skeen and Herger; Jack Ward Underwood. Thomas, Chief, Forest Service, USDA; Mike Dombeck, Acting Director, Bureau of Land Manage- SUPERFUND—OIL POLLUTION ACT ment, Department of the Interior; and public wit- Committee on Transportation and Infrastructure: Sub- nesses. committee on Water Resources and Environment and the Subcommittee on Coast Guard and Maritime INTERIOR APPROPRIATIONS Transportation held a joint hearing on the following: Committee on Rules: Granted, by voice vote, an open Natural Resources Damages Under The Comprehen- rule providing 1 hour of debate on H.R. 1977, mak- sive and Liability Act of 1990 (Superfund); and the ing appropriations for the Department of the Interior Oil Pollution Act of 1990. Testimony was heard and related agencies for the fiscal year ending Sep- from Douglas Hall, Assistant Secretary, Oceans and tember 30, 1996. The rule waives the following sec- Atmosphere, NOAA, Department of Commerce; tions of the Budget Act: section 302(f) (prohibiting Robert P. Davison, Deputy Assistant Secretary, Fish consideration of a measure containing new entitle- and Wildlife and Parks, Department of the Interior; ment authority which exceeds a committee’s alloca- Lois Schiffer, Assistant Attorney General, Natural tion); section 306 (prohibiting matters within the Resources Division, Department of Justice; and pub- jurisdiction of the Budget Committee in a measure lic witnesses. not reported by it); and section 308(a) (prohibiting the consideration of a measure containing new entitlement authority if the report does not contain a MISCELLANEOUS TAX REFORMS CBO estimate on such entitlement authority). Committee on Ways and Means: Held a hearing on Further, the rule waives clause 2 (prohibiting un- miscellaneous tax reforms. Testimony was heard from authorized appropriations and legislative provisions) Representatives Kennelly, Levin, Houghton, Good- and clause 6 (prohibiting reappropriations in an ap- ling, Frank of Massachusetts, Johnson of South Da- propriations bill) of rule XXI against provisions in kota, and Blute; and public witnesses. the bill. The rule provides that the bill shall be read Hearings continue tomorrow. by title rather than by paragraph for amendment and that each title shall be considered as read. RULES OF ORIGIN The rule provides for the automatic adoption of an Committee on Ways and Means: Subcommittee on amendment printed in section 2 of the rule (striking a directed scorekeeping provision at 57, line 21 Trade held a hearing on Rules of Origin. Testimony through page 58, line 2; and changing a mandatory was heard from Jeffrey M. Lang, Deputy U.S. Trade salary provision into a discretionary provision at page Representative; from the following officials of the 75, line 24). Department of the Treasury: John Simpson, Deputy The rule waives all points of order against the Assistant Secretary, Regulatory Tariff and Trade En- amendment printed in section 3 of the rule (striking forcement; and Samuel H. Banks, Assistant Commis- two provisos at page 57, line 11 through line 21, sioner, Office of Field Operations, U.S. Customs relating to the sale of oil from the Strategic Petro- Service; and public witnesses. July 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 837 COMMITTEE MEETINGS FOR Committee on Economic and Educational Opportunities, Sub- WEDNESDAY, JULY 12, 1995 committee on Oversight and Investigations, oversight hearing on National Labor Relations Board Reform, 9:30 (Committee meetings are open unless otherwise indicated) a.m., 2175 Rayburn. Senate Committee on Government Reform and Oversight, Sub- Committee on Commerce, Science, and Transportation, to committee on Civil Service, to mark up H.R. 1655, In- hold hearings to examine violence in television programs, telligence Authorization Act for fiscal year 1996, 9 a.m., 9:30 a.m., SR–253. 2247 Rayburn. Committee on Energy and Natural Resources, to hold hear- Subcommittee on the District of Columbia, hearing on ings to review proposed regulatory disposition of Power the following bills: H.R. 1862, District of Columbia Marketing Administrations, 9:30 a.m., SD–366. Convention Center Preconstruction Act of 1995; and Committee on Environment and Public Works, to hold over- H.R. 1843, District of Columbia Sports Arena Financing sight hearings on the effects of proposals to statutorily re- Act of 1995, 9 a.m., 311 Cannon. define the constitutional right to compensation for prop- Subcommittee on National Economic Growth, Natural erty owners, with particular emphasis on Federal environ- Resources, and Regulatory Affairs, hearing on OSHA’s mental laws, 9:30 a.m., SD–406. Regulatory Processes and Activities Regarding Committee on Finance, to resume hearings to examine Ergonomics, 10 a.m., 2154 Rayburn. ways to control the cost of the Medicaid program, focus- Subcommittee on National Security, International Af- ing on the flexibility States have under the current pro- fairs, and Criminal Justice, to consider subpoenas related gram, including the extent of Federal waiver requests and to the production of documents and witnesses for later the program experience of States granted such waivers, hearings on the Federal raid of the Branch Davidian 9:30 a.m., SD–215. compound in Waco, Texas, 1 p.m., 2247 Rayburn. Committee on Foreign Relations, Subcommittee on West- Committee on International Relations, hearing on Vietnam: ern Hemisphere and Peace Corps Affairs, to hold hearings When Will We Get a Full Accounting? 10 a.m., 2172 on legislative and municipal elections in Haiti, 10 a.m., Rayburn. SD–419. Committee on Governmental Affairs, Permanent Sub- Committee on the Judiciary, to mark up the following committee on Investigations, to hold hearings to examine bills: H.R. 1833, Partial-Birth Abortion Ban Act of fraud and abuse in Federal student grant programs, 9:30 1995; H.R. 782, to amend title 18 of the United States a.m., SD–342. Code to allow members of employee associations to rep- Select Committee on Intelligence, to hold closed hearings on resent their views before the U.S. Government; and H.R. intelligence matters, 2 p.m., SH–219. 1445, to amend rule 30 of the Federal Rules of Civil Pro- cedure to restore the stenographic preference for deposi- House tions, 10 a.m., 2141 Rayburn. Committee on Appropriations, to continue markup of ap- Committee on Resources, to mark up the following bills: propriations for Treasury, Postal Service and General S. 268, to authorize the collection of fees for expenses for Government for fiscal year 1996, 8:30 a.m., 2360 Ray- triploid grass carp certification inspections; H.R. 1296, to burn. provide for the administration of certain Presidio prop- Subcommittee on the District of Columbia, on D.C. erties at minimal cost to the Federal taxpayer; H.R. 629, Finances, 10 a.m., H–144 Capitol. Fall River Visitor Center Act of 1995; and H.R. 1675, Subcommittee on National Security, executive, to con- National Wildlife Refuge Improvement Act of 1995, 11 tinue markup of appropriations for fiscal year 1996, 9:30 a.m., 1324 Longworth. a.m., H–140 Capitol. Committee on Rules, to consider H.R. 1976, making ap- Committee on Banking and Financial Services, Subcommit- propriations for the Agriculture, Rural Development, tee on Domestic and International Monetary Affairs, hear- Food and Drug Administration, and Related Agencies ing dealing with the Commemorative Coin issue, 10 programs for the fiscal year ending September 30, 1996, a.m., 2128 Rayburn. 10 a.m., H–313 Capitol. Committee on Commerce, Subcommittee on Energy and Committee on Small Business, hearing on the Effects of Power, hearing on the following bills: H.R. 1020, Inte- grated Spent Nuclear Fuel Management Act of 1995; Airlines’ Caps on Travel Agents Commissions, 10 a.m., H.R. 496, Nuclear Waste Policy Reassessment Act of 2359 Rayburn. 1995; H.R. 1032, Electric Consumers and Environmental Committee on Standards of Official Conduct, executive, to Protection Act of 1995; H.R. 1174, Nuclear Waste Dis- consider pending business, 1 p.m. HT–2M Capitol. posal Funding Act; and H.R. 1924, Interim Waste Act, Committee on Transportation and Infrastructure, to mark 10 a.m., 2322 Rayburn. up H.R. 1943, San Diego Coastal Corrections Act of Subcommittee on Health and Environment, to con- 1995, 10 a.m., 2167 Rayburn. tinue hearings on the Future of the Medicare Program, Committee on Ways and Means, to continue hearings on 10 a.m., 2123 Rayburn. miscellaneous tax reforms, 10 a.m., 1100 Longworth. D 838 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, July 12 10 a.m., Wednesday, July 12

Senate Chamber House Chamber Program for Wednesday: After the recognition of four Program for Wednesday: Complete consideration of Senators for speeches and the transaction of any morning H.R. 1905, Energy and Water Appropriations Act for fis- business (not to extend beyond 9:45 a.m.), Senate will recal year 1996; and sume consideration of S. 343, Comprehensive Regulatory H.R. 1977, Interior Appropriations for fiscal year 1996 Reform Act. (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hunter, Duncan, Calif., E1406 Stark, Fortney Pete, Calif., E1411 Miller, George, Calif., E1411 Torricelli, Robert G., N.J., E1405, E1406 Brown, George E., Jr., Calif., E1405 Moorhead, Carlos J., Calif., E1405 Visclosky, Peter J., Ind., E1411 de la Garza, E, Tex., E1410 Packard, Ron, Calif., E1406 Watts, J.C., Jr., Okla., E1405 Gallegly, Elton, Calif., E1406 Radanovich, George P., Calif., E1408 Weller, Jerry, Ill., E1405, E1406 Hamilton, Lee H., Ind., E1409, E1411 Skelton, Ike, Mo., E1410 White, Rick, Wash., E1407

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ The Congressional Record is available as an online database through GPO Access, a service of the U.S. Government Printing Office. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d Session (January 1994) forward. It is available on a Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. The annual subscription fee for a single workstation is $375. Six month subscriptions are available for $200 and one month of access can be purchased for $35. Discounts are available for multiple-workstation subscriptions. To subscribe, Internet users should telnet swais.access.gpo.gov and login as newuser (all lower case); no password is required. Dial in users should use communications software and modem to call (202) 512–1661 and login as swais (all lower case); no password is required; at the second login prompt, login as newuser (all lower case); no password is required. Follow the instructions on the screen to register for a subscription for the Congressional Record Online via GPO Access. For assistance, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262, or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.