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, THURSDAY, JULY 20, 1995 No. 118 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9 a.m., on the ex- SCHEDULE early next week, that we certainly piration of the recess, and was called to Mr. DOLE. Mr. President, this morn- would try to accommodate the Presi- order by the President pro tempore ing leader time has been reserved. dent’s request. [Mr. THURMOND]. There will be a period for morning Beyond that, depending on what hap- The PRESIDENT pro tempore. We business until the hour of 10 a.m. pens today, we could be on the Ryan have a guest Chaplain this morning. Following morning business, it will White measure tomorrow. On Monday, When I first came to the Senate he was be our intention to go to the legislative we will be considering gift and lob- my press officer. Later my legislative branch appropriations bill. I hope we bying reform. On Tuesday, we hope to assistant, later my administrative as- can get permission or clearance to do go to foreign ops and the State Depart- sistant. One of the finest men I have that. There will be rollcall votes, I un- ment authorization bill. That will ever known. He is now a lay preacher, derstand, on that. It is also my hope probably take at least 2 or 3 days. author of many books, and an out- that we can bring up the military con- I advise my colleagues, as far as we standing citizen. struction appropriations bill. That know at this point, there will be votes We are honored to have him with us, would need the consent of our col- throughout today. There will be votes Harry Dent, of Columbia, SC. leagues. tomorrow. If there should be any We need to do six appropriations bills change, I will certainly come to the PRAYER before the August recess—whenever floor and make the announcements so The guest Chaplain, Harry Shuler that starts. This will be very helpful. my colleagues on both sides of the aisle Dent, Sr., of Columbia, SC, offered the We will at least complete action on two will have notice. following prayer: of those this week. We still have the I reserve the balance of my leader’s Let us pray: matter of the rescissions package, time. Our Father, who art in Heaven, hal- which I am not going to worry about f anymore, for the next few days. I had it lowed be Your name. May Your will be MORNING BUSINESS done on Earth as it is in Heaven. May up to my eyeballs with the rescissions all Americans, and especially the mem- package. The PRESIDING OFFICER (Mr. bership of this august body of distin- Then we have also S. 343. There could ASHCROFT). Under the previous order, guished lawmakers, be a part of Your be a vote on cloture today on regu- there will now be a period for the solution to the evils, the moral melt- latory reform. It seems to me we have transaction of morning business not to down, and the hurts that plague our just about reached—we have been nego- extend beyond the hour of 10 a.m. with country and people across the world. tiating, I think, in good faith. Senators permitted to speak therein May we be Your guiding star of moral We have had people on both sides. I not to exceed 5 minutes each. and spiritual righteousness for all think we are prepared to make some f additional changes if that will be help- Americans and all the people of the RESCISSIONS world. ful. But I do not see much movement Mr. WELLSTONE. Mr. President, I Please take us as a nation and on the other side, as far as votes are will manage the minority leader’s change us individually and collectively concerned. It seems to me that that time. Mr. President, I want to respond where we need to be transformed so we vote could come today. I will be vis- to the majority leader in a very posi- may be guardians and purveyors of iting with the distinguished Demo- tive, and by no means personal, way. Your great commission and the great cratic leader, Senator DASCHLE, and Mr. President, first of all, I thank the commandment as presented to us by will make a judgment, whether that be majority leader. He is quite right. Jesus. Use us to turn America and the today, tomorrow, or next week. I did indicate to the President that I There have been negotiations that have world to Your will, for Your glory and was inclined to accede to his request gone on for some time. I believe that for the good of all mankind. Amen. for Bosnia, but I want to talk to some we would be ready very soon to go for- f of my colleagues on both sides of the ward on the rescissions package. aisle who are cosponsors. I certainly There were several issues. The major- RECOGNITION OF THE MAJORITY want to cooperate with the President ity leader has now been working with LEADER where possible. I have indicated to the us. We have agreed to have debate on a The PRESIDENT pro tempore. The Democratic leader if we could work out number of amendments—one dealing majority leader is recognized. some agreement on a vote on that with the low-income energy assistance,

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

S10329

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10330 CONGRESSIONAL RECORD — SENATE July 20, 1995 and the second one, which I really want through here without some debate and lots, who have to maintain their cur- to talk about and hope that there will discussion. We wanted an opportunity rency, will not be getting that cur- be some change and restore some of the to have some amendments. We have rency. It will be dangerous to them. funding for this program. The other agreed to a limited time. We are ready These are the needs for the emer- has to do with the job training and to go forward, and I think we can. gency supplemental. But let me tell education programs. Again, I say to the majority leader you first hand, as one who worries Mr. President, the only disagree- and I say to colleagues, at this point in every day about funding the vitally im- ment—and I believe it will be worked time we have one piece to work out. I portant functions of assisted housing, out—has to do with a counseling pro- believe that will happen this morning. of medical care for veterans, of EPA, gram which, I say to my colleague I see there is no reason why we cannot NASA, and others, what is going to from Missouri, I would like to talk get the reprogramming part taken care happen if we do not pass the rescissions about for a long time. I will not, be- of—that will be the piece that the ma- bill. This is not a question of re- cause other colleagues want to speak, jority leader and I are now working to- programming and we are going to fine and I will get a chance to speak later. gether on, which is of course always tune things here and there. We have This is an interesting program, Mr. the best way to proceed, if you can— taken a rescission hit. We have, in this President. The ratio, Members will like and then we will have a limit, time rescissions bill, given up $8 billion in this, of paid staff to beneficiaries is 1 limit on two amendments that will budget authority. That is money ap- to 2,000. It is not topped down. It is out deal with the two other areas. Then we propriated for the current year but in the States. This is a program that is will have a vote. which will not be spent until future extremely important. It is what we are Mr. President, I say this morning be- years. all about. It is basically a few paid cause I am quite confident that we can The reason we had to do that is be- staff that in turn nurture a lot of vol- move forward and I will be ready to do cause HUD, primarily, has been spend- unteers that in turn provide seniors so when the majority leader is ready to ing out of control. And, in HUD, when with just basic information about their do so. We will just wait to work this you appropriate money 1 year, you get health care coverage. People some- out on the reprogramming part, and the budget authority out there but it times find that bewildering, and some- then we should be ready to go. That is starts spending out in future years. So times there is unfortunately some rip- what we have been aiming for all 60 percent of the dollars that will be off when it comes to supplementary along. spent next year in the subcommittee Medicare coverage. It is extremely suc- I yield the floor. that I chair are spent as a result of pre- cessful. The PRESIDING OFFICER. The Sen- vious years’ appropriations. And our The majority leader said last night, ator from Missouri. limit, what we can spend in that year, and he is quite correct, that he has now f is determined by the actual outlays. been working with us and actually is We have, in all, over $6 billion of helping me to restore the funding to THE RESCISSIONS BILL budget authority rescinded in HUD this program. It does not require a lot Mr. BOND. Mr. President, I am en- under this bill. We have worked with of resources. We are talking about re- couraged that we could have some Housing and Urban Development, we storing $5 million. It was a $10 million movement on the rescissions bill. have worked with our colleagues on the program. By the way, Mr. President, There are many important issues that other side, and while nobody likes to sometimes these numbers seem small are facing this body right now. I hap- cut budget authority, they have agreed to Members but this program makes a pen to think that regulatory reform is that this is the least harmful. huge and positive impact in the lives of extremely important, not only for Let me tell you what happens if that a good many very vulnerable citizens. small businesses, for farmers, but for The only confusion and disagreement the growth of our American economy. rescissions bill does not go through. If was that I was waiting for the re- But, as we look at these long-range that rescissions bill does not go programming of this. I thank the programs, we have a very severe short- through, we have another billion dol- White House for their help. I certainly term problem. I have the distinction of lars of outlays in the Department of would like to thank the minority lead- chairing the Veterans Administration, Housing and Urban Development that er. What I wanted to be careful about, HUD, and Independent Agencies Appro- we cannot control. And that is likely and this just simply had not been priations Subcommittee. This so-called to mean that we will not have the worked out yet, is that the reprogram- rescissions bill is actually an emer- money to continue to provide public ming was not a ‘‘rob Peter to pay gency and rescissions bill. It is the sup- housing in federally assisted housing Paul.’’ I did not want to take this plemental emergency bill because the for all of the 4.8 million families that money from another program that was Federal Emergency Management Agen- depend upon HUD funding for their extremely helpful, for example, to sen- cy is getting very close to running out housing during the coming fiscal year iors. of money. We have had disasters, such of 1996. We are going to be hard pressed So, Mr. President, the only delay, as the California earthquakes and fires to fund that housing and other vitally and I think it is a very slight delay, and floods, we have had the bombing in important programs like CDBG, and and I see no reason why we cannot go Oklahoma City, we have had floods in HOME, and the work of the Veterans forward, is to make sure we have a re- the Midwest, and the money available Administration and NASA, as it is. I programming done. I also wanted to for FEMA is about at its end. Nobody think we can do it if this rescissions make sure that my colleagues had expects a disaster to occur and the bill passes. some understanding on appropriations. Feds to say, ‘‘Sorry, we cannot come. If this rescissions bill continues to I mean, both the majority chair of the We do not have any money.’’ But we languish as people try to work out re- 1 committee, Senator HATFIELD, and the are about at that point. programming for the last 2 ⁄2 months of minority chair, Senator BYRD, I want- That is why this bill, the emergency this fiscal year, if we do not get the re- ed to make sure that they were fully supplemental and emergency rescis- scissions bill, those who hold up the re- apprised of where we were going on the sions bill, is vitally important. That is scissions bill will have to go home and reprogramming. That just did not hap- No. 1. explain why some people are going to pen last night. That is the one missing Second, we have had our defense be thrown out, thrown out of federally piece. It all goes together. There would budget drawn down because of police assisted housing they now occupy. not be a need for a third amendment if actions, responding to needs in various The subcommittee on Labor and HHS we work that out. I think we will. parts of the country. The distinguished has $1.3 billion in outlays that depend Mr. President, I will just say what I chairman of the Defense Appropria- upon this bill. This rescissions bill is have said all along, which is—I am tions Subcommittee will tell you, if we vitally important. I urge my colleagues speaking for myself; I think Senator do not get this bill through, in Sep- to move it. MOSELEY-BRAUN would say the same tember we are going to have to shut Mr. DORGAN addressed the Chair. thing—we really believed that it was down operations for ships, for air- The PRESIDING OFFICER. The Sen- important that the bill not just go planes. That means that American pi- ator from North Dakota.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10331 Mr. DORGAN. Mr. President, I ask I am going to go to a markup in 10 THE ORGANIZATION OF ECONOMIC unanimous consent to speak for 10 min- minutes, in which I know there are COOPERATION AND DEVELOPMENT utes in morning business. about five or six provisions in this au- Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without thorization bill that represent special like to go to one other subject today objection, it is so ordered. little projects in someone’s State. briefly. It is one that almost no one f So what happens to the line-item knows anything about, including the veto? Why do we not have a line-item THE LINE-ITEM VETO Presiding Officer. It is called the Orga- veto moving so that the President nization of Economic Cooperation and Mr. DORGAN. Mr. President, this has might sign the bill and have the au- Development or OECD. It is an inter- been a very interesting year in Con- thority to remove this pork with a gress with the change in control in national organization that we pay 25 line-item veto in appropriations bills both the House and the Senate; in some percent of the total cost. I do not think this Congress is going to pass? ways refreshing, in some ways very dis- anybody in here really knows much appointing. This is the year of reform I think I know what has happened to about it. There are a lot of inter- and change. Many of the changes and it. The House of Representatives 120 national organizations. days later has not even appointed con- reforms are useful and interesting. This year the United States will con- Many others are just downright nutty. ferees to go to a conference with the Senate on the line-item veto. Why have tribute about $62 million to fund the I will give you an example of some. OECD. We are a member of the OECD. The notion that when the Soviet they not appointed conferees? Because I do not think they really want a line- I am told that they meet in the finest Union is now gone we should start to places in the world and are build star wars with money we do not item veto. I do. I voted for it. I voted for it many times in Congress. And I headquartered in Paris. When they have at a time when this project clear- hold a meeting, they hold a meeting in ly is not necessary. In my judgment, felt in March of this year when the Senate passed it, and the month before a fine, great hotel in one of the great that’s a nutty idea. cities of the world. Folks come from all We stick $9 billion into defense that when the House passed it, that maybe those who said it was an urgent pri- over the world to attend OECD meet- the Department of Defense says it does ings, the Organization of Economic Co- not want or does not need. That makes ority on the other side of the aisle were operation and Development. no sense to me. That is not reform or serious. It now appears they were not change. serious at all. It now appears to me One of the things they did recently is Maybe, as one had suggested, charge they were much more interested in pro- approve a report, a document state- admission to tour the U.S. Capitol. In ducing pork than producing a line-item ment, in which this country partici- other words, charge the American citi- veto bill. pated and signed, that talked about zens admission to take tours in the If there is a lost and found depart- how you apportion the tax burden of U.S. Capitol in order to raise money to ment in the Congress, I hope someone international corporations among the reduce the deficit? It seems to me that will call and ask, where is the line- countries in which they do business. qualifies as a nutty idea. item veto bill? This little document said the OECD, Provide laptop computers for poor One of our colleagues has treated us with the United States signing the doc- kids at a time when you are cutting to a big yellow sign every day which ument, rejects something called global school lunches? Another nutty idea. says, ‘‘Where is Bill?’’—which is not in formulary apportionment. It does not I have said there are a lot of goofy my judgment a very respectful ref- mean much to anybody. But what it ideas. There are some good ideas, some erence to the President. But ‘‘Where is means to me is this country signs on a of which I have supported, one of which Bill?’’—asking, ‘‘Where is the Presi- dotted line, along with the other mem- is the line-item veto. I want to ask dent’s budget?’’ ber countries of the OECD, saying the some questions about that this morn- I guess, if I were inclined with that United States is willing to give up or ing. forgive about $15 billion a year in taxes On February 6 of this year, this Sen- sort of approach, I could bring a chart here that says, ‘‘Where is the bill?’’— that ought to be paid to America that ate passed a bipartisan proposal on the will not be paid. line-item veto. I happen to think, and and hang up ‘‘120 days’’ on the chart to Seventy-three percent of the foreign- have thought for a long while, it makes ask the question, ‘‘Where is the line- based corporations doing business in sense for a President to have a line- item veto bill?’’ the United States pays zero in Federal item veto. Most Governors have it. The We passed it. The House passed it. income taxes, despite the fact they President ought to have it. And there is no conference because the We passed a line-item veto here in House has not even appointed con- earn hundreds of billions of dollars the Senate on March 23. The House ferees. Is the reason they have not ap- here. There are companies that sell passed it on February 6. It is now over pointed conferees because they want to cars, VCR’s, television sets, and other 120 days, and the question is, where is lard up the appropriations bills with products—whose names you would rec- the line-item veto? pork, $200 million in pork by the ognize instantly—that do business here Today we are going to start on our Speaker of the House and they do not every day earning billions of dollars first appropriations bill. Soon those ap- want a Democratic President to veto and pay zero in U.S. income taxes. Not propriations bills will go to the White the pork out of these bills? If that is pay a little bit—pay nothing in Federal House. My guess is that those who the reason, they are wallflowers when income taxes. wrote the Contract With America and it comes to fighting the deficit. Why is that? It is because the IRS is included the line-item veto in the con- Let us decide to cast this line-item stuck with an outdated tax enforce- tract, those who were so urgent about veto bill, get it through conference, ment system which the foreign cor- the need for a line-item veto as they and get the President to sign it. Let us porations love, and which foreign gov- spoke on the floor of the Senate and have a bite at these appropriation bills ernments love as well. It is called the the House, are now less interested in right now with this deficit. If you care arm’s-length method, which is used to really having a line-item veto if it about public policy and about the line- evaluate transfer pricing that exists means that a Democratic President in item veto, if you voted for it in the between related corporations. Tens of the White House has a line-item veto Senate, as I did, if you voted for it in thousands of foreign corporations do to get rid of Republican pork in appro- the House, as the majority did, I hope business in the United States through priations bills. they would start asking the question, U.S. subsidiaries that they own and I noticed yesterday, in a newspaper, ‘‘Where is the line-item veto?’’ Why do control. These integrated companies ‘‘Gingrich Gets $200 Million in New we not expect the Speaker to appoint sell things to themselves back and Pork,’’ it says in the headline. I do not conferees? Why do we not have a con- forth, and establish their own prices on know what this is about. It is just ference report, bring it from the House, those transactions. That is why we ‘‘pork’’ in an appropriations bill— have the Senate pass it, and get it back have examples of tractor tires being ‘‘Gingrich Gets $200 Million in New to the President so that he can exercise sold between corporations that are re- Pork,’’ in an appropriations bill. the line-item veto on these bills? lated for $7.50 for a tractor tire; a piano

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10332 CONGRESSIONAL RECORD — SENATE July 20, 1995 for $50; a safety pin for $29; tooth- 1995, $62 million—only 5 years later and spects as a foreign policy issue and in brushes for $18. Why would corpora- our share nearly doubled. That is pret- some respects as an economic policy tions price tractor tires at $7.50? Be- ty interesting. In fact, from 1994 to 1995 issue—only they understand and no one cause they are moving profits in or out the OECD, this little number in the else is capable of understanding. of countries with corporations they State Department goes from a $50 mil- I might say the Senator who is pre- control, and that is called transfer lion to a $62 million contribution. siding at the moment was recently a pricing. We wrestle and debate on the floor of Governor of a State. The States faced We use a system in taxing called the the Senate about why we have $5 mil- this problem. They faced it because we arm’s length methodology which is an lion here or $10 million there. Mr. have a lot of businesses that do busi- archaic, buggy-whip system. It is like President, $62 million now goes to ness in every State in the Union, and taking two plates of spaghetti and try- OECD, and it is on a steep increase; the question was, how do we divide ing to attach the two ends together; nearly doubling in the last 5 years. their profits? How do we know what taking different corporations and con- They are off making deals with inter- part of their profits go to Indiana, necting them together to save in a national corporations, and with other Ohio, or North Dakota? market system. It is a system that is countries in a manner that will affect The States grappled with this and totally unworkable and unenforceable. us by, in my judgment, shortchanging came up with a three-factor formula, The result is massive tax avoidance. us probably $15 billion a year in taxes and they said we are going to pass This country is losing to the tune of $15 that we ought to get that we will not something called UDITPA, uniform di- billion a year, in my judgment, because from foreign corporations that make vision of income tax—payroll, property we have not replaced this flawed sys- profits here. Then they said to us you and sales. You make $10 million and 1 tem with a simple formula approach, as have no right to see the information. percent of your payroll, 1 percent of the States have used successfully for Well, I would say to the Secretary of your property, and 1 percent of your decades. I might say with respect to the Treasury, if you think that is going sales were in that State, then 1 percent domestic businesses operating in dif- to stand, you are wrong. When the ap- of that profit should be allocated as the ferent States that there is a standard propriations bill comes to the floor and tax base, and that is the way it worked. formula that is used to apportion prof- you want more money, you had better The fact is the States have led on its between jurisdictions using the be here with a lot of information. Oth- this issue for decades; they solved this amount of payroll, property, and sales erwise, in my judgment, we are going problem. And you look at what the as a guide. But the IRS’s continued use to have a whole series of votes on the Federal Government is doing with of the arm’s length method means we OECD, and you may lose a whole lot of international corporations with ex- are losing $15 billion every year from money because you cannot say to us actly the same problem, and they are the biggest international corporations give us the money for these inter- using a buggy-whip approach that is in the world which do not pay taxes, national organizations, but we do not losing billions of dollars. despite earning huge profits in this have any interest in telling you about More importantly than losing the country. what these organizations are doing and money, we have created the situation Our U.S. representative at the OECD what the policy implications are for where we say to foreign corporations, signs on to an agreement that says we this country. You come in here and do business and reject the use of formulary apportion- So I would say to the Secretary of you will receive a major advantage. ment. the Treasury and to the State Depart- You can do business and play a game so So as a result of that, I wrote to the ment, if they are listening, that they that you do not have to pay any taxes, Secretary of the Treasury and the Sec- will not enjoy the debate we will have but the American businesses that stay retary of State and said tell me about when the appropriations bill comes to here at home and do business only here the OECD. Who is involved in these ne- the floor if they think we should spend at home must pay certain taxes on gotiations? Where were the meetings $50 million or about $63 million as they their profits. held? What corporations were involved have now requested in 1996 for OECD, What is the consequence? The con- to persuade them to do this? They said and still take the position that we have sequence is that the American business we cannot give you that information. no right to the information developed is disadvantaged because the foreign It is confidential. You have no right to by this organization. competitor gets by tax free. And that the working papers of the OECD. They This is I know an arcane and difficult is the problem here. are secret. issue. And there are not many people I have alerted by letter and received I said, Wait a second. I am part of a that are even very interested in it. apparently one giant yawn from the group that funds them; about $62 mil- When I talk about the arm’s-length bureaucracy of this problem, and I lion this year from U.S. taxpayers’ will method of tax enforcement versus a wanted to alert them that they are not go to the OECD. You are saying that formulary method of tax enforcement, going to have a very pleasant August we do not have a right to see the infor- when you talk about transfer profits, and September with their appropria- mation? transfer pricing, and enforcement tions bills if they think they can tell I asked a series of detailed questions methods, I understand why people’s folks in the Congress that they want of both the Secretary of the Treasury eyes fog over. $63 million for an international organi- and also of the Secretary of State to But I do not understand why a small zation which send its representatives try to understand what is going on. business person who starts up a busi- to the finest hotels in the world to The fact is you cannot get information. ness and makes a profit and is required meet for a while and sign documents It is secret or otherwise unavailable, to pay taxes should have to watch as that, in my judgment, contravene this they say. If it is so secret, maybe they another large international business country’s interests, and then say to us do not need our money. Maybe they do enters the American marketplace, has who appropriate the money, ‘‘Take a not need $62 million. $5 billion worth of sales, make three- hike’’ when we ask them to show us the I want to share with my colleagues quarters of a billion dollars in net prof- documents that were used and all of the money that goes to OECD. At a it and pays zero in taxes to the U.S. the information that was developed in time when we are saying we do not Government. the construct of this policy. have enough money to deal with prob- It is not fair, and it ought to stop. We Mr. President, it was therapeutic, if lems in this country, including prob- ought to expect those foreign corpora- nothing else, to be able to talk about lems of families who are struggling tions that do business in America to this in the Chamber this morning, and very hard, a whole range of areas, nu- pay their contribution on their profits we will have a lengthier discussion on trition, education, and so on, here is just as our Main Street businesses do this subject when their appropriations what has happened to OECD, the Orga- every single day. bills come forward. nization of Economic Cooperation and There is, I know, a web of complexity LINE-ITEM VETO Development. about all of this. I know that the State Mr. President, let me make one final In 1990, the American taxpayers con- Department and the Treasury Depart- point. I will again be addressing the tributed $36 million to the OECD. In ment and others view this in some re- question of a line-item veto in the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10333 coming days because it is time for the ingful welfare reform package that has going to get the 60 votes required to House to appoint conferees, time for a been put forward. When I say meaning- pass a welfare reform bill in this body. conference, time to have a line-item ful, I mean meaningful to the people And I am confident we can do that. veto. I want to find out who is inter- who are in the welfare system or who I am, also, at the same time—having ested in producing a line-item veto may find themselves at some future worked with Senator ASHCROFT, Sen- versus who is interested in providing time being caught in that net. ator GRAMM, and others, working with pork. If we are interested in the line- We believe this is a dramatic depar- Senator PACKWOOD, Senator DOLE, and ture from business as usual, and it is item veto, and I am—and I guess I others—trying to come up with a bill something I am very excited about. I voted for it 15 or 20 times in my ca- that we can form that takes, hopefully, have worked on the welfare reform reer—I hoped when I voted for it in a lot from the Gramm bill, but reaches March we would not be debating in issue as a member of the House Ways across to try to get Members who may July whether or not we are going to and Means Committee and chaired the have concern about providing too much have a line-item veto. Some apparently Republican task force last session of State flexibility, too much local con- have decided to move into slow motion Congress to come up with a Republican trol and provide some sort of com- here while there is a Democrat in the welfare reform bill. We worked 9 or 10 promise that can get the required votes White House. That is not the way the months in extensive meetings and to pass this Chamber. line-item veto works. And while we see came up with a bill—it was included as headlines that say ‘‘Gingrich Gets $200 part of the Contract With America— I think this issue and the oppor- Million in New Pork,’’ I would ask, called the Personal Responsibility Act. tunity to make dramatic changes is where is the line-item veto? That formed the basis of the bill that here. And this issue is too important Pork is bipartisan and done on a bi- was eventually passed, H.R. 4, by the for us to hold out for the perfect solu- partisan basis. I would like to have a House, and what we have done really is tion. I think we need it out there as a line-item veto in the hands of Demo- take that product and taken it one step goal. But at the same time I think we crat or Republican Presidents to ad- further and allowed more State flexi- have to be practical and understand dress it. If someone has some notion of bility, more local experimentation. that we have to get what we can today. where this bill is or what is holding it One of the provisions that is in the And if we can, as will be in the Pack- up, maybe we can find out if we can get bill that I am very proud of that the wood bill, also in the Gramm bill, is a a line-item veto in the hands of this Senator from Missouri was the author block grant of the AFDC Program to President before these appropriations of is a provision that says that commu- allow States the flexibility to put for- bills get to the White House. nity organizations, local community ward their own plan for welfare recipi- Mr. President, I yield the floor. organizations, nonprofits, churches ents, to give them the opportunity to Mr. President, I make a point of could actually be the welfare agency in get into jobs, to get into job training, order a quorum is not present. a local community, really get back to and put stiff work requirements, put a The PRESIDING OFFICER. The what we know works. And what we time limitation—those kinds of things clerk will call the roll. know works in dealing with the prob- that we know work in getting people The assistant legislative clerk pro- lems of poverty are people who are in off the welfare dependency cycle back ceeded to call the roll. the community, who care about the into the mainstream of American life. Mr. SANTORUM. Mr. President, I people that they are serving, not some- Those are the kinds of things that we ask unanimous consent that the order one hired from the State capital to need to say, ‘‘States, do the innova- for the quorum call be rescinded. monitor caseload, but someone who tion, do the work that is necessary for The PRESIDING OFFICER. Without lives next door, who goes to the same your individual States to be able to objection, it is so ordered. church as the person who is going transition people off.’’ We are going to Mr. SANTORUM. I thank the distin- through the difficult time in their life. give that flexibility, and in both bills. guished Presiding Officer. Those are the kinds of really dra- That is only a small piece of the wel- f matic reforms that are in the Gramm bill that we are going to be introducing fare pie, AFDC, what many people, cer- WELFARE REFORM today. And I am excited about it. I tainly a lot on the other side, consider Mr. SANTORUM. Mr. President, I think it is a good mark. It shows where to be welfare. I think welfare is a much rise to continue a forum that we start- we want to be ultimately on the issue broader category. They say AFDC is ed here as the 11 freshman Republican of welfare reform: Multiple block the welfare program, Aid to Families Members of the 104th Congress to talk grants, some flexibility within those With Dependent Children. If we can about the issues that were important block grants to allow States to deal block grant that program, end the enti- to us during the campaign that are now with emergencies or an increase in tlement nature, end the dependency coming to the floor of the Senate and maybe the number of people who need that results from someone being guar- give a perspective of those who are nutritional assistance, so they can anteed money for doing things that, more freshly from the hustings to the move from one fund to another maybe frankly, most people would say are not Senate and to the people listening. people—there is an increasing surge in what we want them to do: have chil- Today, the issue that we are going to day care requirements. The same thing dren out of wedlock, do not get a job, discuss—and I know the Presiding Offi- allows that kind of flexibility for the do not get job training, do not try to do cer, the Senator from Missouri, has State to be able to move funds around anything to get yourself out. We will been an outstanding advocate in his from account to account. I think that give you more money. I think that is a short tenure in the Senate on this is an important change. Again, the very perverse incentive. End that enti- issue—is welfare reform. Senator Senator from Missouri was the one tlement. Say that after a certain pe- ASHCROFT served as the Governor of that put forward these ideas. So I am riod of years, you cannot continue in Missouri for 8 years and instituted wel- excited about that bill. this life. That we will help you but you fare reform and has been a tremendous Let me say that I do not think that must help yourself. It is a contract be- advocate for really dramatic reform in is where we are going to end up. That tween those who want to help and the States. is where I would like to end up. So I am those who are to be helped. That piece Later today, Senator ASHCROFT, on the bill. That is where I would like alone, if we can block grant that piece, along with Senator GRAMM, Senator to end up. That is where I would like to send it to the States, give them the op- GRAMS, and others, is going to have a see somebody come down and say, this portunity, with a string that says you press conference to discuss a version the way we should go, this is the dra- have a 5-year limitation, you have to that we are going to put forward which matic step forward we should take. have a work requirement; if we can do I believe, of all the bills that have been But just like the House where there that piece alone, I think we will make introduced to date, both in the House were bills that were introduced that a major change in the lives of millions and the Senate, is probably the most were more dramatic than was passed, of Americans and give them the oppor- dramatic, the most forward looking, H.R. 4, I think we will have to come up tunity that they have not seen under the most flexible, and the most mean- with a more modest approach if we are this system, which is intended to be

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10334 CONGRESSIONAL RECORD — SENATE July 20, 1995 compassionate but is nothing but de- do not have the opportunity for the de- tion without punishing families. So I structive to millions of lives, families, bate and discussion. think the health care reform piece is and communities across America. I say to my friend from Missouri critically important. We have that opportunity today. I that, if he is going to speak in morning Finally, I think this is a challenge think we can get 60 or more votes for business, I would really prefer to let for all of us. I think it goes well beyond that provision. We should go as far as him have the time, so I will just take welfare reform policy. We really need we can. We should try to do more. We 2 minutes rather than taking up the to look at the fundamental question of should do food stamp reforms. I would rest of the time for now. I do think standard of living in this country and like to see a block grant for food there are a couple of things that con- the squeeze on the vast middle class stamps. I do not know if we can get a cern me about what is called welfare and what has been going on for the last block grant for the Food Stamp Pro- reform. 15 years, plus—I am not pointing the gram. If we can get major reforms that First of all, I want to make sure it is finger in any party direction—and I came out of the Agriculture Com- not reformatory as opposed to reform. think the overwhelming challenge is to mittee that require work for people It seems to me real welfare reform en- have an economy that produces good who are on food stamps, that get rid of ables a family—and in the main we are jobs that people can count on. I think a lot of the waste and fraud that en- talking about women and children —to that has to be part of welfare reform as courage electronic benefits transfer, make the transition from welfare to well, so a mother has a job that pays a which is being used just north of here workfare. Now, we have been talking wage, has benefits on which she can in Maryland and other places, in iso- about that for a long time. Actually, support her children. I think we need lated programs, for example, in Berks Franklin Delano Roosevelt talked to look at these much more carefully. County in Pennsylvania, using the about that in 1935 when what we now I could say more. I will not. My col- debit card as opposed to a food stamp. know as the AFDC Program was intro- league is anxious to speak. I yield the It cuts down tremendously on fraud. duced as a part of the Social Security floor. We need to encourage that for States Act. The PRESIDING OFFICER (Mr. to be able to do more of that, to reduce The problem is when we talk about SANTORUM). The Senator from Mis- the amount of food stamp fraud, which moving to workfare as opposed to wel- souri. I know is a very sensitive issue among fare, it is very difficult to have any f millions of Americans who see the welfare reform unless, in fact, there is affordable family child care. I mean, it RESTORE HOPE AND fraud every day at the grocery store. OPPORTUNITY Those are the kinds of things that we is very difficult today for a single par- can and should debate here on this ent. Almost all of these single parents Mr. ASHCROFT. Mr. President, it is floor. And I am hopeful that we can are women. In some ways I wish more true that there is a broad consensus bring a bill—I want to doff my cap to were men. And I wish there were less that people understand what we have the majority leader for his courage in single parents, period, No. 1; and, No. attempted to do with our welfare sys- setting forth the last week of the ses- 2—and I think the Chair and I agree on tem has been a failure. If you want to sion before the recess to do welfare re- this—men took more responsibility. see what our current Washington- form so that we can come here and But if we are going to say to a single based, one-size-fits-all welfare program have a great debate before we get into parent, ‘‘You need to work,’’ there are has done, to see how the perverse in- the reconciliation process after we a couple of critical ingredients to make centives of the welfare system have come back, but have a debate focused sure this is real welfare reform and not failed, I guess you could go just a cou- solely on the issue of welfare reform. reformatory. One is for especially ple blocks from here. There you can see Many have encouraged the majority smaller children, that there is afford- a generation raised by welfare and fed leader to just fold welfare reform into able child care. That is not done on the through food stamps, but literally reconciliation and consider it all one cheap. starved of nurture and hope. You will big package. I think that is a mistake. I know that in Minnesota, one of the meet young teens in their third preg- I do not think it gives welfare the kind problems that we have run into—and I nancy. You will meet children who not of focus that it deserves in changing think we are doing a really good job on only do not have a father, but they do America. welfare reform—is we have long wait- not know any other child with a father. So I appreciate the opportunity to ing lists. As a result of that, many of These are tragedies of the current sys- come here and talk about this. I want the mothers that you talk to cannot tem, and these are the realities against to again congratulate the Presiding Of- make the transition to work because which reform must properly be judged. ficer for his tremendous work on this they simply cannot afford or find—not There has been a great deal of report- issue. And I yield the floor. custodial—but developmental child ing recently on divisions in our discus- Mr. WELLSTONE addressed the care for their children. sion on welfare. I would like to make Chair. A welfare family is not 1 mother and something as clear as I possibly can. The PRESIDING OFFICER. The Sen- 10 children. We are usually talking While it may have taken us some time ator from Minnesota is recognized. about one mother and two children. to reconcile our differences in terms of f I will be done because I do not want the strategy that we have, we have to take the time away from my col- never forgotten the horror of our cur- WELFARE REFORM, NOT league from Missouri and we will have rent system, we have never disagreed REFORMATORY plenty of time for debate on this. on our fundamental values, and we Mr. WELLSTONE. Mr. President, The second point is the one we talk have never wavered from our central first of all, before my colleague leaves, about all the time, which is we have to commitment, and that is to end the we come here to speak on the floor and somehow figure out where health care system of welfare we have now, to we have other engagements. Let me reform fits into this, because all too strengthen States and communities, to just say to him that I think we are to- often what happens is a single parent restore hope and opportunity to the tally in agreement on the need for a goes back to school, a mother goes millions of Americans for whom such full discussion and debate. Hopefully, it back to school, a community college, words now are tragically words with- will be one that is done with a consid- maybe then finishes up at the Univer- out definition or words without mean- erable amount of substance and grace sity of Minnesota, then tries to get a ing. and dignity on welfare. I do think it job. The Washington Post had a very, I might add that it is important for would be a mistake to fold this into a very good portrait about this. What us to understand that as well meaning reconciliation bill because I think happens is, you are no longer receiving as we might be in Washington in seek- whenever you are considering such a Medicaid, you are paying child care, ing to find a single solution to all of major departure from public policy— and if you look at the wages that are the problems that relate to the needs and this is a major departure of public out there for jobs, you are behind. So of people that would move them from policy—it is a mistake to fold it into we have to make sure that, in fact, dependence to independence, it would the reconciliation bill where you really families are able to make this transi- be inappropriate for us to try and find

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10335 a solution because there are lots of so- Among the adults that lived in that the families who received State cash lutions that are going to be necessary, apartment, more than $65,000—more relief were needy because the fathers and no one garment will fit all children than $65,000—per year was received an- had died. Benefits were intended pri- and no one vehicle will carry all loads nually in public assistance, aid that marily to enable the widow to care for and no single system imposed from took the form of cash payments, food her children at home. Washington on this great Nation will stamps, medical care. Somehow, some Today, AFDC serves divorced, de- be productive in moving people from way that money was not having its inserted, and never-married mothers and the web of dependency to the oppor- tended effect. their offspring. Since the beginning of tunity of independence. A system designed with the best in- the program in 1965, in the last 30 We really need for the creative ca- tentions, unfortunately is leading to years, State and Federal Governments pacity of the States, the innovation the destination of the road paved with have spent $5.4 trillion on welfare, pro- and the energy of people who are work- best intentions; a system designed with viding cash, food, housing, medical ing to develop their own systems and the best intentions is eliciting and en- care, and social services. For the $5.4 the commitment that that investment couraging the worst behavior; a system trillion spent since 1965, you could buy in their own systems brings, to be al- which built change of dependency rath- the entire industrial infrastructure of lowed in a new system which would er than breaking shackles. the United States—every factory, ma- give States the opportunity through In that house, there were no fathers chine, store, every hotel, television block grants to develop the strategies to be found, no hope to be found for station, office building, and still have which will elicit the response among anyone. This is a tragedy that happens money left over. the citizens of the communities that all across America, and it is a tragedy The PRESIDING OFFICER (Mr. those States represent. of our current system. COVERDELL). The Chair advises the So as we work together, and I am So as I conclude, let me just say that Senator that his time has expired. pleased to have had the opportunity to as we consider welfare reform, let the Mr. INHOFE. I understand that. I ask work with so many people in this re- true measure of our reform never be for 30 more seconds. spect, through vigorous discussions and the dollars that we might save, or the Mr. DOLE. I will be glad to yield the discussions I have had have been no bureaucracy that is cut, or the pro- some of my leader time. more vigorous with anyone than those grams that are reduced. But let our Mr. INHOFE. I will just conclude by discussions which I have had with the measure of reform be found in the abil- saying that we have an opportunity to distinguished Senator from Pennsyl- ity to move people from hopeless gov- do something about this—one of the vania who inhabits the chair at this ernmental dependence to hopeful eco- three major mandates of the election moment. But it is that kind of discus- nomic and personal independence, from in 1994. It is incumbent upon to us do sion, it is that kind of exchange, it is the grasp of a perverse system of Gov- this. We have introduced legislation that kind of a collusion of ideas that ernment programs to the embrace of that will give true welfare reform and provides the opportunity for the truth the loving and caring communities and take the profit out of illegitimacy, and to emerge and for the real progress to the limitless opportunities of America. the people of America are demanding be made. Mr. President, I thank you. that we do it. In the weeks ahead as we debate wel- Mr. INHOFE addressed the Chair. Thank you, Mr. President. fare, it is my hope that this debate will The PRESIDING OFFICER. The Sen- f serve as a trial. It should be a trial ator from Oklahoma. MID-YEAR REPORT—1995 that will indict the abuses, the horrors, f the lies of our current Washington- The mailing and filing date of the WELFARE REFORM THE COUNTRY knows-best, one-size-fits-all perverse, 1995 mid-year report required by the WANTS incentive-laden system of welfare. It is Federal Election Campaign Act, as my intention in the weeks ahead to try Mr. INHOFE. Mr. President, I see amended, is Monday, July 31, 1995. All and ensure that an understanding of morning business is about to be con- principal campaign committees sup- the current system happens so that we cluded. I want to make a couple com- porting Senate candidates for election can avoid making the mistakes of the ments about our subject of the day, the must file their reports with the Senate past over again. Someone much wiser welfare reform the country so des- Office of Public Records, 232 Hart than I has said appropriately that perately wants. Building, Washington, DC 20510–7116. those who ignore history are destined The postelection survey showed that You may wish to advise your campaign to repeat it. Let us not be destined to there are three major elements to the committee personnel of this require- repeat the horror of our welfare sys- mandate of the election of 1994. They ment. tem. were: We want to do something to The Public Records office will be Today, I just want to begin by talk- eliminate the deficits; we want to do open from 8 a.m. until 7 p.m. on the filing about an incident that probably all something meaningful about regu- ing date for the purpose of receiving of us remember, because we cannot for- latory reform; and we want real wel- these filings. For further information, get. In February of 1994 in the process fare reform. please do not hesitate to contact the of a routine drug raid in Chicago, po- Mr. President, I am very proud that Office of Public Records on (202) 224– lice stumbled upon 19 young children, we in this House, the Senate, and over 0322. some handicapped, living on dirty mat- in the other body, submitted and f tresses in an unspeakably filthy six- adopted a budget resolution that is going to end up eliminating the deficit THE PRESIDENT REQUESTS A bedroom apartment infested with DELAY ON BOSNIA VOTE roaches and soiled with animal dirt. by the year 2002. So the President The Chicago Tribune reported it this could not veto it, or I am sure he would Mr. MCCAIN. Mr. President, I noted way: have. Nonetheless, I think we are on that Senator DOLE was asked to delay The children of [six] mothers from [six] our way to fulfilling that mandate. a vote on Bosnia until some time next fractured families * * * [were found] va- Regulatory reform—we are working on week, as I understand it. I will support cantly watching TV * * * [and] fighting over that right now, and I think we will end Senator DOLE in whatever decision he the remains of a chicken bone that the fam- up with a product by the end of the makes. I understand that when the ily dog had eaten. week in getting it out. President of the United States asks for President Clinton said that the de- Welfare reform is more difficult, be- action to be taken that concerns na- spair and wasted human potential cause it seems that everybody cam- tional security, that request must be within that one Chicago apartment was paigns on it, until they get here, and given great credence, and if Senator not merely a social problem from far then they do not want to do anything DOLE decides to delay that vote, I am off places like Calcutta, India, but the about it. The two most important sure that every Member of this body heart of a very domestic problem oc- points are the exploding welfare costs will support that decision. curring in urban centers all around and the crisis of legitimacy. In 1935, If Senator DOLE decides otherwise be- America. when AFDC was enacted, 88 percent of cause of events that transpire in

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10336 CONGRESSIONAL RECORD — SENATE July 20, 1995 Bosnia—and I will point out that the to all Senators with information con- would be required to immediately resume media reports are that Zepa has fallen, cerning S. 878, a bill I introduced to premium payments. as well, and events are unraveling amend the Coal Industry Retiree Trustees of the fund acknowledged, and the there; more U.N. forces are being Health Benefit Act of 1992. Specifically, GAO confirmed, on October 1, 1994, that the threatened with being taken hostage the legislation suspends the so-called fund had 96,237 beneficiaries receiving cov- again—then I would support that deci- reachback tax. My letter responds to erage for hospitals, physicians, vision, hear- sion as well. issues raised about this legislation by ing, speech, ambulance, hospice, home I gave a long speech yesterday on the my distinguished colleague from West health, psychotherapy and group therapy, pregnancy and medically-necessary abortion, issue of Bosnia. I also addressed the Virginia, Senator ROCKEFELLER. I hope issue of airstrikes. I am deeply con- drug and alcohol rehabilitation plus pre- this information will be helpful to all scription drugs and life insurance. cerned about the prospect of ‘‘aggres- Senators in considering the merits of sive airstrikes,’’ exactly what that the bill. Our best information suggests only 29 per- means, and what the rules of engage- I ask unanimous consent that my let- cent of those beneficiaries are retired bituminous coal miners. Some 85 percent of ment are, and if those airstrikes fail, ter and the enclosed fact sheet be what do we do next? I am convinced those covered by this fund already are eligi- printed in the RECORD. ble for Medicare. The fund covers retired that if the Bosnians are assured—as There being no objection, the mate- miners and spouses, parents, children, grand- they are being assured—that there will rial was ordered to be printed in the children and other dependents in the home. never, under any circumstances, be any RECORD, as follows: Not one of those beneficiaries has ever had a U.S. ground involvement, we will learn U.S. SENATE, claim rejected because the fund was insol- a lesson we have learned throughout Washington, DC, July 19, 1995. vent—much less in jeopardy of insolvency. this century: air power alone is not an DEAR COLLEAGUE: In late May, I sent you a The Fiction: The Coal Act ‘‘has success- ultimate determinant in the outcome letter seeking your support for S. 878—a bill fully ensured that the health benefits which of a conflict. to provide equitable relief for the Reachback were promised by these miners’ employers I yield the floor. companies from the retroactive tax imposed continue.’’ by the Coal Industry Retiree Health Benefit f Act of 1992 (Coal Act). You have since re- The Fact: Reachback companies never WAS CONGRESS IRRESPONSIBLE? ceived a letter from Senator Rockefeller ex- signed contracts promising to provide life- LOOK AT THE ARITHMETIC pressing alarm at S. 878 and concern about time healthcare benefits to former employ- attempts to amend the Coal Act. ees, much less to their families. Many of the Mr. HELMS. Mr. President, on that On Thursday, June 22, the House Ways and Reachbacks have been out of the bituminous evening in 1972 when I learned that I Means Subcommittee on Oversight held a coal business 10, 20, 30 and even 40 years. had been elected to the Senate, I made hearing on the Coal Act. The hearing exam- Others have been non-union operators for a commitment to myself that I would ined the inequities of the Coal Act, its im- decades. never fail to see a young person, or a pact on the Reachback companies, and the The unfortunate truth is the Congress group of young people, who wanted to current and projected surplus in the Com- should not have created a new tax against see me. bined Benefit Fund. Last month, a federal the class of companies now known as district court ruled the Coal Act unconstitu- It has proved enormously beneficial Reachbacks. Reachback companies had no tional and enjoined its application to the to me because I have been inspired by legal or moral commitments or promises— Unity Real Estate Company. and certainly no binding contracts—which the estimated 60,000 young people with Contrary to the fears expressed by pro- obligated them to pay lifetime healthcare whom I have visited during the nearly ponents of the Coal Act, I have no intention benefits and life insurance for former em- 23 years I have been in the Senate. of jeopardizing in any way the benefits prom- ployees and their families. However, those Most of them have been concerned ised to retired miners by the members of the about the magnitude of the Federal Bituminous Coal Operators Association companies which do have such obligations, debt that Congress has run up for the (BCOA). Nor will S. 878 do that. A fact sheet should fulfill those obligations. coming generations to pay. The young attached to this letter specifically responds The Fiction: ‘‘In the late 1980s and early people and I always discuss the fact to some of the concerns expressed in Senator 1990s, a number of large companies had that under the U.S. Constitution, no Rockefeller’s letter regarding S. 878. stopped paying into the employer fund which I am optimistic that, based on the record financed the health benefits of their former President can spend a dime of Federal established in the House hearing together workers. This placed the health benefits of money that has not first been author- with other information which has been de- the retirees at risk.’’ ized and appropriated by both the veloped, we can move forward to amend the The Fact: In truth, the crisis atmosphere House and Senate of the United States. Coal Act in a way which relieves its harsh was created by the UMWA and the Bitu- That is why I began making these impact on the Reachback companies, while minous Coal Operators’ Association (BCOA). at the same time insuring the benefits which daily reports to the Senate on Feb- The BCOA did not comply with the contract were in fact promised to the retired miners ruary 22, 1992. I wanted to make a mat- provisions for increased health care benefit by the BCOA. ter of daily record of the precise size of contributions. The UMWA did not pursue the Sincerely, the Federal debt which as of yesterday, legal remedies to enforce the contract guar- THAD COCHRAN, Wednesday, July 19, stood at U.S. Senator. antee provisions which would have assured $4,932,430,021,919.50 or $18,723.59 for Enclosure. the financial health of the funds. every man, woman, and child in Amer- REACHBACK TAX FACTS—A PRIMER ON THE Furthermore, it was the BCOA and the ica on a per capita basis. COAL INDUSTRY RETIREE HEALTH BENEFITS UMWA who pooled their resources in 1991 to f ACT OF 1992 launch, promote and win passage of a new The Fiction: S. 878 would ‘‘create a new tax funding mechanism benefitting both the DESIGNATING SENATOR SIMON TO break for certain companies. . .’’ union and the BCOA. That solution was to SERVE ON THE SPECIAL COM- The Fact: Creating a new tax break is the reach back across the decades to impose ret- MITTEE ON WHITEWATER last thing which S. 878 would do. S. 878 would roactive Federal taxes on private businesses. Mr. DASCHLE. Mr. President, I relieve several hundred American companies Under this ill-conceived policy, any com- would like to advise the Senate that, unjustly subjected to a retroactive tax under pany which had ever signed a National Bitu- the financing mechanism of the Coal Act. minous Coal Wage Agreement (NBCWA) be- pursuant to the authority granted in The Fiction: S. 878 ‘‘jeopardizes the health Senate Resolution 120, the Senator tween 1950 and 1987 would have to pay benefits of retired miners. . .’’ $2,349.38 per year, per beneficiary assigned by from Delaware [Mr. BIDEN] has des- The Fact: This is incorrect. Here is what S. the Social Security Administration. The an- ignated the Senator from Illinois [Mr. 878 does: nually-adjusted premiums run from 1993 SIMON] to serve as the Committee on Provides for any surplus in the United through 2043. The Treasury Department and the Judiciary’s representative on the Mine Workers of America (UMWA) Combined the Internal Revenue Service also must par- Special Committee on Whitewater. Benefit Fund to be used as a premium credit ticipate in this overreach of Federal tax au- for the Reachback companies unfairly and thority to impose $100 per day, per bene- f perhaps illegally taxed by the Coal Act; ficiary penalties on any Reachback company If there is no surplus in the Combined Ben- CONCERNING LEGISLATION TO which does not pay promptly. SUSPEND THE REACHBACK TAX efit Fund, Reachback companies would receive no premium credit; The Fiction: ‘‘. . . Many of these compa- Mr. COCHRAN. Mr. President, today If the fund falls within 10 percent of its op- nies (the Reachbacks) have been held liable I am sending a ‘‘Dear Colleague’’ letter erating expenses, Reachback companies for the lifetime health benefits of their

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10337 former employees in a slew of court deci- other defunct companies or from companies surplus is shrinking. What the GAO did re- sions based on their contractual commit- which had elected not to sign future wage port is that a private consulting firm, using ments.’’ agreements. medical cost trend rates well above accepted The Fact: This is inaccurate. This complex The Fiction: ‘‘The Cochran bill pretends national and industry standards, produced a claim is traced to a clause inserted in the that a surplus in the health fund exists. That report per scenarios drawn by the union fund 1978 pension and benefit trust documents. In phoney surplus is then used to give a tax managers that showed the fund might show a short, the clause said any employer which break to this favored group of companies.’’ deficit in the early years of the next century. ever employed any participant covered by a The Fact: Trustees and managers of the However, the GAO and another highly-re- UMWA benefit plan is obligated to the terms fund itself have confirmed a huge surplus ex- spected private accounting firm previously and conditions of the of the National Bitu- ists. The fund has reported these surpluses in have suggested the fund will enjoy surpluses minous Coal Wage Agreement of 1978, as each monthly statement. A telephone call in the next century. Towers, Perrin actu- amended, and to any successor agreements. today will confirm this. The General Ac- aries forecast a $2.6 billion surplus when the The truth is there is nothing in the so- counting Office (GAO) estimated last June fund runs its course in 2043. called ‘‘evergreen’’ litigation to suggest— the surplus would be at $103 million at the The Fiction: ‘‘The claimed growing surplus much less to hold—that companies are liable end of the fund’s first fiscal year, October 1, in the fund does not exist and has never ex- to provide lifetime health benefits to their 1994. The GAO was off by 10 percent. The isted.’’ former employees. More importantly, a final fund actually reported an almost $115 million The Fact: This is inaccurate. The reality of decision on the ‘‘evergreen’’ theory has yet surplus on October 1, 1994. Although the a surplus is not subject to interpretation. to be made, as the ‘‘evergreen’’ litigation re- magnitude of the surplus was debated by Trustees and managers of the fund have con- mains pending before at least three different three expert witnesses at the June 22 hear- firmed to all interested parties that the fund federal judges. ing, it was clear that the fund will continue is in surplus and has been in surplus the past Since passage of the Coal Act, the facts to sustain a steady surplus into the next cen- two years. The annual and monthly reports have demonstrated that the Reachback com- tury. published by the fund confirm this. panies never authorized or agreed to any ob- The Fiction: Reachbacks are ‘‘a favored The Fiction: ‘‘There are 341 companies that ligation which would have perpetually bound group of companies.’’ are currently responsible for paying for them to contribute to UMWA funds, without The Fact: This is incorrect. Congress health benefits under the act.’’ The Fact: In a June 8 letter from the fund, regard to the terms of their contracts with harmed all of these Reachbacks, devastated the acting executive director reported 473 the UMWA or whether their employees con- many and ruined others. It certainly did not companies are being billed for premiums. tinued to be represented by the union. do them any favors. The tax has caused per- There was no accounting for the over 200 Furthermore, there is absolutely nothing haps irreparable damage to many small and other companies which had signed NBCWA in the so-called ‘‘evergreen’’ clause which family-owned businesses. It has forced the contracts between 1950 and 1987 and which would apply to all of the Reachbacks. Con- cancellation or postponement of hard-earned were originally published as Reachbacks. sider these two glaring facts, then ask your- raises for hundreds of thousands of innocent That list included such notable American self how ‘‘evergreen’’ could possibly be working men and women throughout the businesses as General Motors, which the fund linked to the Reachbacks: country. said was obligated for 90 beneficiaries, or First, the so-called ‘‘evergreen’’ clause did The Fiction: ‘‘Make no mistake about it, not even appear in any of the trust docu- $2,114,442 this year alone. the deficit would be increased in order to pay The Fiction: ‘‘Ernst and Young found that ments until 1978. Many of the Reachback for this tax break. . .’’ the fund is likely to run a $39 million deficit companies did not sign or agree to the 1978 The Fact: The deficit was increased by pas- by the year 2003.’’ or later NBCWAs. sage of the Reachback Tax. Repeal of the The Fact: That’s only one scenario Ernst Second, even among those companies Reachback Tax would lower the deficit. The and Young suggested in a set of projections which did sign the 1978 or later agreement, Reachback provision of the Coal Act in- commissioned by the fund. Ernst and Young the so-called ‘‘evergreen’’ clause could im- creased the deficit because it immediately also found a healthy surplus in the fund in pose no liability on the majority of compa- appropriated an additional $10 million to the another scenario. The scenarios which sug- nies which left the bituminous coal industry. Social Security Administration. Those funds gested a deficit used medical cost trend rate That’s because the clause is based on the were consumed long ago and Social Security projections which are 3.0 to 4.4 percent high- amount of bituminous coal produced and/or still has a staggering backlog of Reachback er than nationally accepted industry stand- the number of UMWA coal miner hours appeals. ards. Interestingly, Ernst and Young uses 5.5 worked. If there is no bituminous coal pro- Passage of the Reachback Tax also has percent medical trend rate calculations to duced, there are no tons or miner hours to forced the Department of Health and Human provide retiree healthcare projections to cli- drop into an equation. Therefore, there is no Services, the Department of Treasury, the ents who are Reachback companies. Ernst math here on which to build a case of brand- Internal Revenue Service, the Department of and Young agreed to use 8.1 percent to 9.9 ing the Reachbacks as party to the retiree Justice and other Federal agencies to spend percent medical cost trend rates to figure healthcare program, the Coal Act or the millions of dollars to administer, monitor, projections for the UMWA’s combined ben- Combined Benefit Fund. enforce and adjudicate the tax. The efit fund. The Fiction: ‘‘Holding Reachback coal Reachback Tax also robbed the Treasury of The Fiction: ‘‘The Cochran Dear Colleague companies liable for the healthcare benefits millions in revenues because the tax was says that a court ruling on the constitu- of their former employees was the best way fully deductible to the corporations to pay tionality of the Coal Act is a year away. to shore up the health benefits trust fund it. The Fact: The Federal District Court in and simply means expecting that promises The Congressional Joint Tax Committee Pittsburgh ruled June 7 that the Coal Act are kept.’’ has indicated it is likely that Federal tax re- was a violation of the Fifth Amendment of The Fact: The Reachbacks made no prom- ceipts will increase if the Reachback Tax is the Constitution. (Unity Real Estate Co. v. ises to provide lifetime healthcare benefits repealed. This gain to the Treasury will Trustees of the United Mine Workers of America for industry retirees. These Reachbacks sat- occur because the contributions to the fund Combined Benefit Fund) Numerous other suits isfied all of their obligations, including are fully deductible from corporate taxable and appeals are pending. It is likely that the claims from the union, when they left the bi- income. Supreme Court will be the final arbiter of tuminous coal business or ended their asso- Furthermore, the presence of a private the constitutionality of the Coal Act. ciation with the union. Far from ‘‘dumping’’ union welfare plan in the budget is, in itself, The Fiction: ‘‘The healthcare and security or ‘‘orphaning’’ former employees, as some improper Federal tax policy and budget pol- of many vulnerable people rest on the ability would suggest, the Reachback companies icy. of the Senate to deal with the facts and re- were participating in a multi-employer re- The Fiction: The Finance Committee held ject myths being spread by companies look- tiree health benefits system. Coal Act hearings. ing to back away from their own promises.’’ Historically, as companies chose not to The Fact: No such hearings occurred on The Fact: The UMWA retirees’ health ben- participate in subsequent bituminous coal the Coal Act. The Senate Finance Sub- efit plan should not be the responsibility of wage agreements, the remaining signatory committee on Medicare and Long Term Care the Senate. Rather, it is clearly in the hands companies continued covering the costs of did hold hearings on the Coal Commission of the individuals, their trade union and the retirees who had worked for others. Compa- Report on Health Benefits for Retired Coal companies which have signed and agreed to nies entering the business which signed a bi- Miners. contracts promising such healthcare and se- tuminous coal wage agreement paid into the The Fiction: The GAO wrote Senator Coch- curity. funds on the same basis as companies which ran May 25 ‘‘to inform him there is not a The Fiction: ‘‘This issue is complex and had been in the business, although they may growing surplus in the health fund.’’ that complexity can be confusing.’’ not have had any retirees. This approach was The Fact: Several members of Congress, in- The Fact: This is not a confusing issue. Far the core concept behind the multi-employer cluding me, have asked the GAO to update from it. Actually, it is quite clear cut and retiree health benefits system. its audit of the fund. We are waiting for that straight forward. When Reachbacks ended their participa- report, which the GAO said it could not have The Congress should never have been tion in bituminous coal wage agreements, ready for the June 22 House Ways and Means drawn into the collective bargaining process they had contributed many millions of dol- Subcommittee on Oversight hearing. The between the coal miner union and the coal lars to pay benefits for retired miners from GAO has not reported to me that the fund’s mine owners.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10338 CONGRESSIONAL RECORD — SENATE July 20, 1995 The union and the owners became strange U.S. corporations said recently. In an un- Is a one-third reduction in civilian re- bedfellows in the coalition which lobbied for precedented joint statement entitled A Mo- search and development really a savings? Or passage of the Coal Act and now is fighting ment of Truth for America, they said: is it a body blow to our national innovation any change in the Reachback Tax. ‘‘Imagine life without polio vaccines and system, our future competitiveness, and our This legislation has cost American tax- heart pacemakers. Or digital computers. Or leadership? payers tens of millions of dollars. municipal water purification systems. Or In the current debate, many seem unwill- Reachback companies made no promises to space-based weather forecasting. Or ad- ing or unable to retain, let alone enhance, provide lifetime healthcare benefits to mem- vanced cancer therapies. Or jet airlines. Or our national excellence in science and ad- bers of the UMWA and should not be sub- disease-resisting grains and vegetables. Or vanced education. Instead of pursuing our jected to a retroactive, unfair, unjust and cardiopulmonary resuscitation.’’ endless opportunities, we are in danger of perhaps illegal federally-mandated tax and That . . . and much, much, more . . . is drifting toward mediocrity. taxpayer-subsidized straightjacket to pay for what science and technology—and our na- This need not be the case. It must not be those benefits. tion’s universities—have made possible. the case. Hundreds of innocent private businesses But today, rather than building upon this It used to be that universities and the fed- and hundreds of thousands of innocent Amer- success, we are about to undermine it. eral government—in the White House and on The Congressional budget resolution pro- icans have wilted because of the poison Capitol Hill—and the voting public—had a poses to reduce the budget for civilian re- sprayed on them by the ill-conceived broadly shared sense of the benefits to be de- search and development by over 30 percent. Reachback Tax. rived from investing in education and re- The long-term outlook is no better in the search . . . and a shared commitment to the Even if we in the Congress were to enact Administration’s new budget proposal. future. remedial legislation this week, where would Do we know what that will mean for the This commitment is rapidly fading. Al- these companies, their employees, managers advancement of the knowledge that fuels the though leaders in both parties and in both and shareholders go to recoup the tens of American economy and creates a better branches of government are struggling to re- millions of dollars in premiums already quality of life? Our budget choices would be tain it, it is fading. dumped into their fund, as well as their lost simpler if we had such wisdom and foresight! incomes, lost wages and lost expenses? We live in an age in which knowledge holds Today, the future has no organized political constituency. f the key to our security, welfare, and standard of living . . . an age in which techno- Since the 1980s, when I began my career as a senior university administrator, I have M.I.T. PRESIDENT CHARLES M. logical leadership will determine who wins the next round of global competition . . . seen an unraveling of a once fruitful partner- VEST—IN SEARCH OF MEDIOC- ship between universities and the govern- RITY: IS AMERICA LOSING ITS and the jobs and profits that come from it . . . an age in which events move so rapidly ment. Its fabric has been frayed by a steady WILL TO EXCEL that almost 80 percent of the computer in- onslaught of policy and budget instability, Mr. KENNEDY. Mr. President, as the dustry’s revenues come from products that rule changes, investigations, and deepening did not even exist just two years ago. distrust. budget process continues, Congress is Congressional hearings and media expose´s required to define priorities and make The cornerstone of our era—the information age—is education. Today, America’s on the reimbursement of the costs of feder- difficult choices about funding, par- system of higher education and research is ally sponsored research have tarnished the ticularly funding that will affect edu- the best in the world. Period. But will it be image of universities. Most of the real issues cational opportunities for our students, the world’s standard of excellence ten years have long since been addressed, but a residue the strength of our research base, and from now? If the nation is to be preeminent of misunderstanding and cynicism remains. the Nation’s competitiveness in the a decade hence, if we are not only to compete At the same time, the federal government global economy in the years ahead. In but lead, then we must sustain these unique has steadily asked the universities to take American institutions. on added missions and requirements without a recent address to the National Press providing the resources to meet them. Club, Charles M. Vest, president of Why? What is so special about our research universities? It is in this strained environment that the Massachusetts Institute of Technology, First, the weaving together of teaching nation is now debating the future federal described in compelling terms the need and research in a single organization gives role and responsibility for university re- to maintain our strong, bipartisan us excellent research, and it gives us supe- search and education in science and tech- commitment to funding university- rior education. Universities combine re- nology. based reseach. I believe that his ad- search and teaching to create vital learning The issue before us transcends partisan communities—open communities of scholars politics. The issue is whether Washington dress entitled, ‘‘In search of Medioc- budgeteers and decision-makers have the po- rity: Is America Losing its Will to that advance our understanding and introduce fresh and innovative young minds into litical will and the vision to serve society’s Excel?’’ will be of interest to all of us the creation of knowledge * * * thereby long-term need for new knowledge, new tech- in Congress concerned with these prior- educating the next generation of scientists nologies, and, above all, for superbly edu- ities, and I ask unanimous consent and engineers. cated young men and women. that his remarks be printed in the And second, research universities are the Sometimes the debate sounds strange to the ears of this academic. During an impor- RECORD. foundation of our entire national research infrastructure. Supporting the advancement tant recent mark-up session, for example, a There being no objection, the re- Congressman actually commented: ‘‘I don’t marks were ordered to be printed in of scientific and technical knowledge is an investment. It is an investment in the future give a damn about the science, but I sure the RECORD, as follows: of our human capital—people and their ideas. love the politics!’’ [From the National Press Club, July 18, 1995] It is an investment in the future quality of There are those of us who would like to see IN SEARCH OF MEDIOCRITY: IS AMERICA life, health, and welfare of the American peo- those sentiments reversed! And this includes LOSING ITS WILL TO EXCEL? ple. the American public. Recent polls show that This two-part rationale was articulated 50 nearly 70 percent of the American public (By Charles M. Vest) years ago this month in a report to President thinks it is very important for the govern- I appreciate the opportunity to talk with Truman entitled Science—The Endless Fron- ment to support research, and nine out of ten you this afternoon. I note that the company tier. It presented the vision of Vannevar want the country to maintain its position as of speakers I join includes, among others, Bush, who had directed the nation’s wartime a leader in medical research. In fact, 73 per- both movie actors and movie subjects. Next science effort. That vision set a confident cent are willing to pay higher taxes to sup- week, this Club will hear from Jim Lovell, America on a search for excellence. And port more medical research. the astronaut who commanded the Apollo 13 America has benefited beyond measure from What we need now is not a partisan polit- mission. The Apollo 13 drama reminds us this quest. ical debate. What we need to come together that science and technology are an essential Under current budget scenarios, however, again in the best interests of the next gen- part of the human adventure. we are in danger of disinvesting in our fu- eration. But science and technology are not just ac- ture. The cost of doing so * * * and of drift- We are all facing pressures to cut costs and tivities for astronauts and academics. ing toward mediocrity in science, tech- become more effective and efficient—in gov- Science and technology affect our lives nology, and advanced education is simply ernment, academia, and industry. every day and they create immense benefits too great to pay. Industry is doing its part . . . by produc- and opportunities for all of us. Their We must regain our vision, our confidence, tion better, more competitive products, im- progress over the past few decades has been and our will to excel. proving processes, reducing cycle times, im- as dramatic as the movie that Americans are The Federal government is rightly con- proving quality, and meeting environmental flocking to see. cerned about the budget deficit. It is making challenges. The same intense competitive What are some of these benefits? hard choices. We all have to make hard pressures that stimulated these changes, You would expect me, as a university choices. But these decisions have to be based however, have increasingly focused indus- president, to have a catechism to recite. But on a vision of the future and on an under- trial R&D on short-term objectives. Appro- listen instead to what the CEOs of 16 major standing of what hangs in the balance. priately so. But research of more general and

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10339 longer term value has been scaled back tre- my colleague Michael Dertouzos, who is the search and education; a commitment to ac- mendously. director of MIT’s Laboratory for Computer cess and opportunity; the free and open com- Industry’s nearly total R&D focus on rap- Science. He points out that over the last petition of ideas; and a dedication to excel- idly commercializing products, when com- three decades, the Department of Defense lence. bined with growing constraints on support of has funded university research in informa- Those young people with the talent to dis- university research, could devastate our nation technology to the tune of some $5 bil- cover new sources of energy, to unlock the tional innovation system. It could well leave lion. These university programs created one- workings of the mind, or to find the cure for us without a shared, evolving base of new third to one-half of the major breakthroughs AIDS come from all strata of our society. scientific knowledge and new technology. It for the computer and communications indus- Many require financial assistance. All de- could destroy the primary source of tomor- try. Today, these businesses account for $500 serve access to the best education we can row’s products, jobs, and health. billion of U.S. Gross Domestic Product. That provide. Because all of us will depend on Many Americans have long been concerned is a return on the investment of at least 3,000 their leadership and their innovation in the that we were mortgaging our children’s fu- percent. decades ahead. ture with ever-increasing federal budget defi- Another measure of return on the invest- Who are these young people who will lead cits. Rightly so. We must not, however, fore- ment in university research is jobs. A 1989 us into the future? Let me introduce two of close on their future by failing to invest in study by the Bank of Boston found that MIT them from MIT. their education . . . and in the research that graduates and faculty alone had founded First, meet Jennifer Mills. Jennifer is a will be the basis of their progress. over 600 companies in Massachusetts. These physics undergraduate from Portland, Or- We must be wise enough to balance our pri- companies, with annual sales totaling $40 egon. In the summer of her junior year, she orities, with both the present and the future billion, created jobs for over 300,000 people in wrote much of the computer code that was in mind. Such a balance clearly requires our the region. used to produce the remarkable images from research universities to transform with the Similarly, the Chase Manhattan Bank the Hubble Space Telescope that we all saw times. identified 225 companies in the Silicon Val- on television when the Shoemaker/Levy I certainly recognize this. Our unique ley founded by MIT students, alumni, and comet collided with the planet Jupiter. qualities do not exempt us from change. We faculty. These companies recorded revenues And meet James McLurkin, from Baldwin, cannot expect a 1945 policy to be applied un- in excess of $22 billion, accounting for over New York. James graduated last month with changed in 1995. Nor can we expect to be ex- 150,000 jobs. an undergraduate degree in electrical engi- empted from intense budgetary pressures. Similar stories can be told by public and neering and a minor in mechanical engineer- But there are enduring principles that must private universities all across the country. ing. As a senior, he created a tiny robot that be sustained. We must strike the right bal- Remember this return on investment when may well revolutionize certain kids of surance between holding to fundamentals and you hear talk about the cost of research and gery . . . enabling surgeons, for example, to reforming ourselves if we are to continue our education in the national budget debate. operate inside the body without touching the In the budget debate, it is important to re- journey toward that ‘‘endless frontier.’’ patient directly. member a second principle that also has How are we to do this? These are the kinds of young men and First, each member of the education and served us extremely well: federal dollars for women in whom we, through the Federal research partnership must learn how to be university research do double duty. They government, must invest if we are to em- efficient, productive and excellent. Industry support the conduct of research and they brace excellence rather than mediocrity. has learned how to add value, improve qual- educate the next generation. Unfortunately, no organized political con- Here is how it works: Most graduate stu- ity, and become more cost-effective—and is stituency protects the interests of our fu- dents in science and engineering are sup- significantly more competitive as a result. ture. No interest groups fund telephone ported by federal grants and contracts that Government is struggling to do the same. banks and direct mail operations to activate pay their tuition and enable them to attend grass roots voters on behalf of investments Research universities must follow suit. the university. In return for this investment At MIT, we have enlisted private-sector in tomorrow. No political action committee in their future, these students perform much help to reengineer many of our administra- invests in students like Jennifer or James. of the actual research. And let me tell you, tive activities in order to improve our effec- But every citizen will suffer if we are the lights in their laboratories burn late into tiveness and reduce our annual costs by $40 short-sighted in the allocation of resources. the night. They are working to pay for their million. There will be a corresponding reduc- If we do not invest in research and advanced education. tion in our staff. Similar efforts are taking education, we will not win the battles Student involvement in research is not against polluted air and water, crumbling place at universities around the country. We confined to the graduate level. At MIT, for also are exploring exciting ways to use new bridges and highways, infant mortality, Alz- example, nearly 80 percent of our under- heimer’s disease, or hunger in the world, to information technologies, like the World graduates join faculty research teams. Their Wide Web, to improve teaching and learning. name just a few. learning experience and their substantive We all have the responsibility to become And radical revisions in our engineering and contributions to research are simply as- management curricula to meet the needs of trustees and guardians of our future . . . and tounding. the future of our daughters and sons: a new era are well underway. This blending of teaching and research is Increasing effectiveness is one thing we University faculty must continually en- at the heart of America’s research univer- hance the learning process, and we must do can do. Specialization is another. sities. For when you think about it, research I believe that each college and university a better job of explaining to the public what is the ultimate form of teaching and learn- we do, why we do it, and how it relates to should focus on what it does best. There is ing. Fred Terman, a great leader of Stanford not enough money for every institution to do their values and needs. University, and a driver in the creation of Industry leaders need to explain the bene- everything. We need institutional differen- Silicon Valley, was once asked whether he fits to the economy of research and tiation. Each of us—from community col- wanted his university to emphasize teaching development...and their responsibilities leges to research universities—must focus or research. Terman’s reply was: ‘‘I want this to the entire national innovation system. our attention on where we can make the to be a learning university.’’ He captured the Public policy makers need to take the long greatest contribution. Across-the-board re- essence of our institutions. view . . . and they will do that if we, the ductions may be politically palatable, but Now, however, this integration of teaching public, insist that they do. they are likely to produce mediocrity. and research is at risk. Why? Because gov- And, yes, the media have a critical role to We need to make tough judgment calls and ernment agencies are paying less and less of play . . . by discussing the importance of we need to support the most effective pro- the actual costs of the research they spon- these issues and by elevating the national grams. This isn’t easy. But government at sor. In order to make up the difference, uni- debate. all levels, and industry, must make the deci- versities are being forced to tap scarce re- In many ways, it has been the end of the sion to support excellence . . . not to engage sources that are not intended for this pur- Cold War that has brought us to this point America’s research universities in a war of pose. This creates enormous pressures to in- . . . a point of uncertainty and opportunity. attrition. Let’s not do to our research uni- crease tuition—precisely what we do not We now must have the foresight and wis- versities what we’ve done to our K–12 school want to do. dom to turn our intellectual powers to solv- system. In addition, government regulations are ining the problems of a new age. We must have Improving productivity and changing what creasing—in both magnitude and inflexi- the will to sustain our economic security, needs to be changed are only partial answers bility. For example, the latest federal regu- eradicate the scourge of disease, create the to our problem. Even more important is ad- lations have boosted the cost of our under- jobs of tomorrow, lift the shadow of igno- hering to the two basic principles that have graduate research program so dramatically rance, and heal the earth’s environment. guided us to success over the past half-cen- that this innovative educational experience Meeting these challenges will require vi- tury. is in jeopardy. sion, confidence, and the will to excel. And it The first principle is understanding that The linkage between education and re- will require us to continue exploring the research funding is an investment in our fu- search, the idea of research as an investment frontiers of the unknown. For the key to a ture. rather than as a cost—these are vital prin- vibrant future lies more in what we do not A variety of studies put the return on this ciples which we neglect at our peril. know, than in what we do know. We must investment in the range of 25 to 50 percent. There are several other principles as well, sustain excellence in research and advanced A more dramatic assessment is provided by including accountability for results in re- education. Thank you very much.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10340 CONGRESSIONAL RECORD — SENATE July 20, 1995 CONCLUSION OF MORNING OFFICES OF THE MAJORITY AND MINORITY WHIPS SETTLEMENTS AND AWARDS RESERVE BUSINESS For Offices of the Majority and Minority For expenses for settlements and awards, The PRESIDING OFFICER. Morning Whips, $656,000. $1,000,000, to remain available until expended. business is now closed. CONFERENCE COMMITTEES STATIONERY (REVOLVING FUND) For the Conference of the Majority and the Mr. DOLE addressed the Chair. For stationery for the President of the Senate, Conference of the Minority, at rates of com- The PRESIDING OFFICER. The $4,500, for officers of the Senate and the Con- pensation to be fixed by the Chairman of each Chair recognizes the majority leader. ference of the Majority and Conference of the such committee, $996,000 for each such com- Minority of the Senate, $8,500; in all, $13,000. f mittee; in all, $1,992,000. OFFICIAL MAIL COSTS LEGISLATIVE BRANCH APPRO- OFFICES OF THE SECRETARIES OF THE CON- PRIATIONS FOR FISCAL YEAR FERENCE OF THE MAJORITY AND THE CON- For expenses necessary for official mail costs 1996 FERENCE OF THE MINORITY of the Senate, $11,000,000. For Offices of the Secretaries of the Con- Mr. DOLE. Mr. President, I am ad- RESCISSION ference of the Majority and the Conference of Of the funds previously appropriated under vised that this request has been cleared the Minority, $360,000. by the Democratic leader. the heading ‘‘SENATE’’, $63,544,724.12 are re- POLICY COMMITTEES scinded. I ask unanimous consent that the For salaries of the Majority Policy Committee ADMINISTRATIVE PROVISIONS Senate now turn to the consideration and the Minority Policy Committee, $965,000 for of H.R. 1854, the legislative branch ap- each such committee, in all, $1,930,000. SECTION 1. (a) On and after October 1, 1995, propriations bill. OFFICE OF THE CHAPLAIN no Senator shall receive mileage under section 17 of the Act of July 28, 1866 (2 U.S.C. 43). The PRESIDING OFFICER. The For Office of the Chaplain, $192,000. (b) On and after October 1, 1995, the President clerk will state the bill by title. OFFICE OF THE SECRETARY The assistant legislative clerk read of the Senate shall not receive mileage under the For Office of the Secretary, $12,128,000. as follows: first section of the Act of July 8, 1935 (2 U.S.C. OFFICE OF THE SERGEANT AT ARMS AND 43a). A bill (H.R. 1854) making appropriations DOORKEEPER SEC. 2. (a) There is established in the Treas- for the legislative branch for the fiscal year ury of the United States within the contingent ending September 30, 1996, and for other pur- For Office of the Sergeant at Arms and Door- fund of the Senate a revolving fund, to be poses. keeper, $31,889,000. known as the ‘‘Office of the Chaplain Expense The PRESIDING OFFICER. Is there OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY Revolving Fund’’ (hereafter referred to as the objection to the immediate consider- ‘‘fund’’). The fund shall consist of all moneys For Offices of the Secretary for the Majority collected or received with respect to the Office of ation of the bill? and the Secretary for the Minority, $1,047,000. There being no objection, the Senate the Chaplain of the Senate. proceeded to consider the bill which AGENCY CONTRIBUTIONS AND RELATED EXPENSES (b) The fund shall be available without fiscal had been reported from the Committee For agency contributions for employee bene- year limitation for disbursement by the Sec- fits, as authorized by law, and related expenses, retary of the Senate, not to exceed $10,000 in on Appropriations, with amendments, $15,500,000. as follows: any fiscal year, for the payment of official ex- OFFICE OF THE LEGISLATIVE COUNSEL OF THE penses incurred by the Chaplain of the Senate. (The parts of the bill intended to be SENATE In addition, moneys in the fund may be used to stricken are shown in boldface brack- For salaries and expenses of the Office of the purchase food or food related items. The fund ets, and the parts of the bill intended Legislative Counsel of the Senate, $3,381,000. shall not be available for the payment of sala- to be inserted are shown in italic.) ries. OFFICE OF SENATE LEGAL COUNSEL H.R. 1854 (c) All moneys (including donated moneys) re- For salaries and expenses of the Office of Sen- ceived or collected with respect to the Office of Be it enacted by the Senate and House of Rep- ate Legal Counsel, $936,000. resentatives of the United States of America in the Chaplain of the Senate shall be deposited in EXPENSE ALLOWANCES OF THE SECRETARY OF Congress assembled, That the following sums the fund and shall be available for purposes of THE SENATE, SERGEANT AT ARMS AND DOOR- are appropriated, out of any money in the this section. KEEPER OF THE SENATE, AND SECRETARIES FOR Treasury not otherwise appropriated, for the (d) Disbursements from the fund shall be made THE MAJORITY AND MINORITY OF THE SENATE Legislative Branch for the fiscal year ending on vouchers approved by the Chaplain of the September 30, 1996, and for other purposes, For expense allowances of the Secretary of the Senate. namely: Senate, $3,000; Sergeant at Arms and Door- SEC. 3. Funds appropriated under the head- keeper of the Senate, $3,000; Secretary for the TITLE I—CONGRESSIONAL OPERATIONS ing, ‘‘Settlements and Awards Reserve’’ in Pub- Majority of the Senate, $3,000; Secretary for the SENATE lic Law 103–283 shall remain available until ex- Minority of the Senate, $3,000; in all, $12,000. pended. EXPENSE ALLOWANCES CONTINGENT EXPENSES OF THE SENATE SEC. 4. Section 902 of the Supplemental Appro- For expense allowances of the Vice President, INQUIRIES AND INVESTIGATIONS priations Act, 1983 (2 U.S.C. 88b–6) is amended $10,000; the President Pro Tempore of the Sen- For expenses of inquiries and investigations by striking the second sentence and inserting ate, $10,000; Majority Leader of the Senate, the following: ‘‘The amounts so withheld shall $10,000; Minority Leader of the Senate, $10,000; ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth be deposited in the revolving fund, within the Majority Whip of the Senate, $5,000; Minority contingent fund of the Senate, for the Daniel Whip of the Senate, $5,000; and Chairmen of the Congress, as amended, section 112 of Public Law 96–304 and Senate Resolution 281, agreed to Webster Senate Page Residence, as established Majority and Minority Conference Committees, by section 4 of the Legislative Branch Appro- $3,000 for each Chairman; in all, $56,000. March 11, 1980, $66,395,000. EXPENSES OF THE UNITED STATES SENATE CAUCUS priations Act, 1995 (2 U.S.C. 88b–7).’’. REPRESENTATION ALLOWANCES FOR THE ON INTERNATIONAL NARCOTICS CONTROL SEC. 5. (a) Any payment for local and long MAJORITY AND MINORITY LEADERS For expenses of the United States Senate Cau- distance telecommunications service provided to For representation allowances of the Majority cus on International Narcotics Control, $305,000. any user by the Sergeant at Arms and Door- and Minority Leaders of the Senate, $15,000 for keeper of the Senate shall cover the total SECRETARY OF THE SENATE each such Leader; in all, $30,000. invoiced amount, including any amount relating For expenses of the Office of the Secretary of SALARIES, OFFICERS AND EMPLOYEES to separately identified toll calls, and shall be the Senate, $1,266,000. For compensation of officers, employees, and charged to the appropriation for the fiscal year others as authorized by law, including agency SERGEANT AT ARMS AND DOORKEEPER OF THE in which the underlying base service period cov- contributions, $69,727,000, which shall be paid SENATE ered by the invoice ends. from this appropriation without regard to the For expenses of the Office of the Sergeant at (b) As used in subsection (a), the term ‘‘user’’ below limitations, as follows: Arms and Doorkeeper of the Senate, $61,347,000. means any Senator, Officer of the Senate, Com- OFFICE OF THE VICE PRESIDENT MISCELLANEOUS ITEMS mittee, office, or entity provided telephone equipment and services by the Sergeant at Arms For the Office of the Vice President, For miscellaneous items, $6,644,000. and Doorkeeper of the Senate. $1,513,000. SENATORS’ OFFICIAL PERSONNEL AND OFFICE SEC. 6. Section 4(b) of Public Law 103–283 is EXPENSE ACCOUNT OFFICE OF THE PRESIDENT PRO TEMPORE amended by inserting before ‘‘collected’’ the fol- For the Office of the President Pro Tempore, For Senators’ Official Personnel and Office lowing: ‘‘(including donated moneys)’’. $325,000. Expense Account, $204,029,000. SEC. 7. Section 1 of Public Law 101–520 (2 OFFICES OF THE MAJORITY AND MINORITY OFFICE OF SENATE FAIR EMPLOYMENT U.S.C. 61g–6a) is amended to read as follows: LEADERS PRACTICES ‘‘SECTION 1. (a)(1) The Chairman of the Ma- For Offices of the Majority and Minority For salaries and expenses of the Office of Sen- jority or Minority Policy Committee of the Sen- Leaders, $2,195,000. ate Fair Employment Practices, $778,000. ate may, during any fiscal year, at his or her

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election transfer funds from the appropriation COMMITTEE EMPLOYEES through the Postal Service and mail with account for salaries for the Majority and Minor- STANDING COMMITTEES, SPECIAL AND SELECT postage otherwise paid) for internal delivery ity Policy Committees of the Senate, to the ac- For salaries and expenses of standing com- in the House of Representatives, the Chief count, within the contingent fund of the Senate, mittees, special and select, authorized by Administrative Officer is authorized to col- from which expenses are payable for such com- House resolutions, $78,629,000. lect fees equal to the applicable postage. mittees. Amounts received by the Chief Administra- COMMITTEE ON APPROPRIATIONS ‘‘(2) The Chairman of the Majority or Minor- tive Officer as fees under the preceding sen- ity Policy Committee of the Senate may, during For salaries and expenses of the Com- tence shall be deposited in the Treasury as any fiscal year, at his or her election transfer mittee on Appropriations, $16,945,000, includ- miscellaneous receipts. funds from the appropriation account for ex- ing studies and examinations of executive SEC. 102. Effective with respect to fiscal penses, within the contingent fund of the Sen- agencies and temporary personal services for years beginning with fiscal year 1995, ate, for the Majority and Minority Policy Com- such committee, to be expended in accord- amounts received by the Chief Administra- mittees of the Senate, to the account from which ance with section 202(b) of the Legislative tive Officer of the House of Representatives salaries are payable for such committees. Reorganization Act of 1946 and to be avail- from the Administrator of General Services ‘‘(b)(1) The Chairman of the Majority or Mi- able for reimbursement to agencies for serv- for rebates under the Government Travel nority Conference Committee of the Senate may, ices performed. Charge Card Program shall be deposited in during any fiscal year, at his or her election SALARIES, OFFICERS AND EMPLOYEES the Treasury as miscellaneous receipts. transfer funds from the appropriation account For compensation and expenses of officers SEC. 103. The provisions of section 223(b) of for salaries for the Majority and Minority Con- and employees, as authorized by law, House Resolution 6, One Hundred Fourth ference Committees of the Senate, to the ac- $83,733,000, including: for salaries and ex- Congress, agreed to January 5 (legislative count, within the contingent fund of the Senate, penses of the Office of the Clerk, including day, January 4), 1995, establishing the Speak- from which expenses are payable for such com- not to exceed $1,000 for official representa- er’s Office for Legislative Floor Activities; mittees. tion and reception expenses, $13,807,000; for House Resolution 7, One Hundred Fourth ‘‘(2) The Chairman of the Majority or Minor- salaries and expenses of the Office of the Ser- Congress, agreed to January 5 (legislative ity Conference Committee of the Senate may, geant at Arms, including the position of Su- day, January 4), 1995, providing for the des- during any fiscal year, at his or her election perintendent of Garages, and including not ignation of certain minority employees; transfer funds from the appropriation account to exceed $750 for official representation and House Resolution 9, One Hundred Fourth for expenses, within the contingent fund of the reception expenses, $3,410,000; for salaries Congress, agreed to January 5 (legislative Senate, for the Majority and Minority Con- and expenses of the Office of the Chief Ad- day, January 4), 1995, providing amounts for ference Committees of the Senate, to the account ministrative Officer, $53,556,000, including the Republican Steering Committee and the from which salaries are payable for such com- salaries, expenses and temporary personal Democratic Policy Committee; House Reso- mittees. services of House Information Systems, lution 10, One Hundred Fourth Congress, ‘‘(c) Any funds transferred under this section $27,500,000, of which $16,000,000 is provided agreed to January 5 (legislative day, Janu- shall be— herein: Provided, That House Information ary 4), 1995, providing for the transfer of two ‘‘(1) available for expenditure by such com- employee positions; and House Resolution mittee in like manner and for the same purposes Systems is authorized to receive reimbursement from Members of the House of Rep- 113, One Hundred Fourth Congress, agreed to as are other moneys which are available for ex- March 10, 1995, providing for the transfer of penditure by such committee from the account resentatives and other governmental entities for services provided and such reimburse- certain employee positions shall each be the to which the funds were transferred; and permanent law with respect thereto. ‘‘(2) made at such time or times as the Chair- ment shall be deposited in the Treasury for credit to this account; for salaries and ex- SEC. 104. (a) The five statutory positions man shall specify in writing to the Senate Dis- specified in subsection (b), subsection (c), bursing Office. penses of the Office of the Inspector General, $3,954,000; for salaries and expenses of the Of- and subsection (d) are transferred from the ‘‘(d) The Chairman of a committee transfer- House Republican Conference to the Repub- ring funds under this section shall notify the fice of Compliance, $858,000; Office of the Chaplain, $126,000; for salaries and expenses lican Steering Committee. Committee on Appropriations of the Senate of (b) The first two of the five positions re- of the Office of the Parliamentarian, includ- the transfer.’’. ferred to in subsection (a) are— (b) The amendment made by this section shall ing the Parliamentarian and $2,000 for pre- (1) the position established for the chief take effect on October 1, 1995, and shall be effec- paring the Digest of Rules, $1,180,000; for sal- deputy majority whip by subsection (a) of tive with respect to fiscal years beginning on or aries and expenses of the Office of the Law the first section of House Resolution 393, after that date. Revision Counsel of the House, $1,700,000; for Ninety-fifth Congress, agreed to March 31, salaries and expenses of the Office of the HOUSE OF REPRESENTATIVES 1977, as enacted into permanent law by sec- Legislative Counsel of the House, $4,524,000; SALARIES AND EXPENSES tion 115 of the Legislative Branch Appropria- and other authorized employees, $618,000. For salaries and expenses of the House of tion Act, 1978 (2 U.S.C. 74a–3); and Representatives, $671,561,000, as follows: ALLOWANCES AND EXPENSES (2) the position established for the chief HOUSE LEADERSHIP OFFICES For allowances and expenses as authorized deputy majority whip by section 102(a)(4) of by House resolution or law, $120,480,000, in- For salaries and expenses, as authorized by the Legislative Branch Appropriations Act, law, $11,271,000, including: Office of the cluding: supplies, materials, administrative 1990; Speaker, $1,478,000, including $25,000 for offi- costs and Federal tort claims, $1,213,000; offi- both of which positions were transferred to cial expenses of the Speaker; Office of the cial mail for committees, leadership offices, the majority leader by House Resolution 10, Majority Floor Leader, $1,470,000, including and administrative offices of the House, One Hundred Fourth Congress, agreed to $10,000 for official expenses of the Majority $1,000,000; reemployed annuitants reimburse- January 5 (legislative day, January 4), 1995, Leader; Office of the Minority Floor Leader, ments, $68,000; Government contributions to as enacted into permanent law by section 103 $1,480,000, including $10,000 for official ex- employees’ life insurance fund, retirement of this Act, and both of which positions were penses of the Minority Leader; Office of the funds, Social Security fund, Medicare fund, further transferred to the House Republican Majority Whip, including the Chief Deputy health benefits fund, and worker’s and unem- Conference by House Resolution 113, One Majority Whip, $928,000, including $5,000 for ployment compensation, $117,541,000; and Hundred Fourth Congress, agreed to March official expenses of the Majority Whip; Office miscellaneous items including purchase, ex- 10, 1995, as enacted into permanent law by of the Minority Whip, including the Chief change, maintenance, repair and operation of section 103 of this Act. Deputy Minority Whip, $918,000, including House motor vehicles, interparliamentary (c) The second two of the five positions re- $5,000 for official expenses of the Minority receptions, and gratuities to heirs of de- ferred to in subsection (a) are the two posi- Whip; Speaker’s Office for Legislative Floor ceased employees of the House, $658,000. tions established by section 103(a)(2) of the Activities, $376,000; Republican Steering CHILD CARE CENTER Legislative Branch Appropriations Act, 1986. (d) The fifth of the five positions referred Committee, $664,000; Republican Conference, For salaries and expenses of the House of to in subsection (a) is the position for the $1,083,000; Democratic Steering and Policy Representatives Child Care Center, such House Republican Conference established by Committee, $1,181,000; Democratic Caucus, amounts as are deposited in the account es- House Resolution 625, Eighty-ninth Con- $566,000; and nine minority employees, tablished by section 312(d)(1) of the Legisla- gress, agreed to October 22, 1965, as enacted $1,127,000. tive Branch Appropriations Act, 1992 (40 into permanent law by section 103 of the MEMBERS’ REPRESENTATIONAL ALLOWANCES U.S.C. 184g(d)(1)), subject to the level speci- Legislative Branch Appropriation Act, 1967. fied in the budget of the Center, as sub- INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL (e) The transfers under this section shall mitted to the Committee on Appropriations EXPENSES OF MEMBERS, AND OFFICIAL MAIL take effect on the date of the enactment of of the House of Representatives. For Members’ representational allowances, this Act. including Members’ clerk hire, official ex- ADMINISTRATIVE PROVISIONS SEC. 105. (a) Notwithstanding any other penses, and official mail, $360,503,000: Pro- SEC. 101. Effective with respect to fiscal provision of law, or any rule, regulation, or vided, That no such funds shall be used for years beginning with fiscal year 1995, in the other authority, travel for studies and ex- the purposes of sending unsolicited mass case of mail from outside sources presented aminations under section 202(b) of the Legis- mailings within 90 days before an election in to the Chief Administrative Officer of the lative Reorganization Act of 1946 (2 U.S.C. which the Member is a candidate. House of Representatives (other than mail 72a(b)) shall be governed by applicable laws

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10342 CONGRESSIONAL RECORD — SENATE July 20, 1995 or regulations of the House of Representa- rated from employment, may be paid a lump For the purpose of carrying out the func- tives or as promulgated from time to time by sum for the accrued annual leave of the em- tions of the Joint Committee on Printing for the Chairman of the Committee on Appro- ployee. The lump sum— the remainder of the One Hundred Fourth priations of the House of Representatives. (1) shall be paid in an amount not more Congress only, the rules and structure of the (b) Subsection (a) shall take effect on the than the lesser of— committee will apply.¿ date of the enactment of this Act and shall (A) the amount of the monthly pay of the For salaries and expenses of the Joint Com- apply to travel performed on or after that employee, as determined by the Chief Ad- mittee on Printing, $1,164,000, to be disbursed by date. ministrative Officer of the House of Rep- the Secretary of the Senate. SEC. 106. (a) Notwithstanding the para- resentatives; or JOINT COMMITTEE ON TAXATION graph under the heading ‘‘GENERAL PROVI- (B) the amount equal to the monthly pay For salaries and expenses of the Joint SION’’ in chapter XI of the Third Supple- of the employee, as determined by the Chief ø ¿ mental Appropriation Act, 1957 (2 U.S.C. Committee on Taxation, $6,019,000 Administrative Officer of the House of Rep- $5,116,000, to be disbursed by the Clerk of the 102a) or any other provision of law, effective resentatives, divided by 30, and multiplied by on the date of the enactment of this section, House. the number of days of the accrued annual For other joint items, as follows: unexpended balances in accounts described leave of the employee; in subsection (b) are withdrawn, with unpaid (2) shall be paid— OFFICE OF THE ATTENDING PHYSICIAN obligations to be liquidated in the manner (A) for clerk hire employees, from the For medical supplies, equipment, and con- provided in the second sentence of that para- clerk hire allowance of the Member; tingent expenses of the emergency rooms, graph. (B) for committee employees, from and for the Attending Physician and his as- (b) The accounts referred to in subsection amounts appropriated for committees; and sistants, including (1) an allowance of $1,500 (a) are the House of Representatives legisla- (C) for other employees, from amounts ap- per month to the Attending Physician; (2) an tive service organization revolving accounts propriated to the employing authority; and allowance of $500 per month each to two under section 311 of the Legislative Branch (3) shall be based on the rate of pay in ef- medical officers while on duty in the Attend- Appropriations Act, 1994 (2 U.S.C. 96a). fect with respect to the employee on the last ing Physician’s office; (3) an allowance of SEC. 107. (a) Each fund and account speci- day of employment of the employee. $500 per month to one assistant and $400 per fied in subsection (b) shall be available only (b) The Committee on House Oversight month each to not to exceed nine assistants to the extent provided in appropriation Acts. shall have authority to prescribe regulations on the basis heretofore provided for such as- (b) The funds and accounts referred to in to carry out this section. sistance; and (4) $852,000 for reimbursement subsection (a) are— (c) As used in this section, the term ‘‘em- to the Department of the Navy for expenses (1) the revolving fund for the House Barber ployee of the House of Representatives’’ incurred for staff and equipment assigned to Shops, established by the paragraph under means an employee whose pay is disbursed the Office of the Attending Physician, which the heading ‘‘HOUSE BARBER SHOPS REVOLV- by the Clerk of the House of Representatives shall be advanced and credited to the appli- ING FUND’’ in the matter relating to the or the Chief Administrative Officer of the cable appropriation or appropriations from House of Representatives in chapter III of House of Representatives, as applicable, ex- which such salaries, allowances, and other title I of the Supplemental Appropriations cept that such term does not include a uni- expenses are payable and shall be available Act, 1975 (Public Law 93–554; 88 Stat. 1776); formed or civilian support employee under for all the purposes thereof, $1,260,000, to be (2) the revolving fund for the House Beauty the Capitol Police Board. disbursed by the Clerk of the House. Shop, established by the matter under the (d) Payments under this section may be CAPITOL POLICE BOARD heading ‘‘HOUSE BEAUTY SHOP’’ in the matter made with respect to separations from em- CAPITOL POLICE relating to administrative provisions for the ployment taking place after June 30, 1995. House of Representatives in the Legislative SEC. 110. (a)(1) Effective on the date of the SALARIES Branch Appropriation Act, 1970 (Public Law enactment of this Act, the allowances for of- For the Capitol Police Board for salaries, 91–145; 83 Stat. 347); fice personnel and equipment for certain including overtime, hazardous duty pay dif- (3) the special deposit account established Members of the House of Representatives, as ferential, clothing allowance of not more for the House of Representatives Restaurant adjusted through the day before the date of than $600 each for members required to wear by section 208 of the First Supplemental the enactment of this Act, are further ad- civilian attire, and Government contribu- Civil Functions Appropriation Act, 1941 (40 justed as specified in paragraph (2). tions to employees’ benefits funds, as au- U.S.C. 174k note); and (2) The further adjustments referred to in thorized by law, of officers, members, and (4) the revolving fund established for the paragraph (1) are as follows: employees of the Capitol Police, ø$70,132,000¿ House Recording Studio by section 105(g) of (A) The allowance for the majority leader $69,825,000, of which ø$34,213,000¿ $33,906,000 is the Legislative Branch Appropriation Act, is increased by $167,532. provided to the Sergeant at Arms of the 1957 (2 U.S.C. 123b(g)). (B) The allowance for the majority whip is House of Representatives, to be disbursed by (c) This section shall take effect on Octo- decreased by $167,532. the Clerk of the House, and $35,919,000 is pro- ber 1, 1995, and shall apply with respect to (b)(1) Effective on the date of the enact- vided to the Sergeant at Arms and Door- fiscal years beginning on or after that date. ment of this Act, the House of Representa- keeper of the Senate, to be disbursed by the SEC. 107A. For fiscal year 1996, subject to tives allowances referred to in paragraph (2), Secretary of the Senate: Provided, That, of the direction of the Committee on House as adjusted through the day before the date the amounts appropriated under this head- Oversight of the House of Representatives, of of the enactment of this Act, are further ad- ing, such amounts as may be necessary may the total amount deposited in the account justed, or are established, as the case may be transferred between the Sergeant at Arms referred to in section 107(b)(3) of this Act be, as specified in paragraph (2). of the House of Representatives and the Ser- from vending operations of the House of Rep- (2) The further adjustments and the estab- geant at Arms and Doorkeeper of the Senate, resentatives Restaurant System, the cost of lishment referred to in paragraph (1) are as upon approval of the Committee on Appro- goods sold shall be available to pay the cost follows: priations of the House of Representatives of inventory for such operations. (A) The allowance for the Republican Con- and the Committee on Appropriations of the SEC. 108. The House Employees Position ference is increased by $134,491. Senate. Classification Act (2 U.S.C. 291, et seq.) is (B) The allowance for the Republican GENERAL EXPENSES amended— Steering Committee is established at $66,995. For the Capitol Police Board for necessary (1) in section 3(1), by striking out ‘‘Door- (C) The allowance for the Democratic expenses of the Capitol Police, including keeper, and the Postmaster,’’ and inserting Steering and Policy Committee is increased motor vehicles, communications and other in lieu thereof ‘‘Chief Administrative Officer, by $201,430. equipment, uniforms, weapons, supplies, ma- and the Inspector General’’; (D) The allowance for the Democratic Cau- terials, training, medical services, forensic (2) in the first sentence of section 4(b), by cus is increased by $56. striking out ‘‘Doorkeeper, and the Post- services, stenographic services, the employee master,’’ and inserting in lieu thereof ‘‘Chief JOINT ITEMS assistance program, not more than $2,000 for Administrative Officer, and the Inspector For Joint Committees, as follows: the awards program, postage, telephone serv- General’’; JOINT ECONOMIC COMMITTEE ice, travel advances, relocation of instructor (3) in section 5(b)(1), by striking out ‘‘Door- For salaries and expenses of the Joint Eco- and liaison personnel for the Federal Law keeper, and the Postmaster’’ and inserting in nomic Committee, $3,000,000, to be disbursed Enforcement Training Center, and $85 per lieu thereof ‘‘Chief Administrative Officer, by the Secretary of the Senate. month for extra services performed for the and the Inspector General’’; and Capitol Police Board by an employee of the JOINT COMMITTEE ON PRINTING (4) in the first sentence of section 5(c), by Sergeant at Arms of the Senate or the House striking out ‘‘Doorkeeper, and the Post- ø(TRANSFER OF FUNDS) of Representatives designated by the Chair- master,’’ and inserting in lieu thereof ‘‘Chief øFor duties formerly carried out by the man of the Board, ø$2,560,000¿ $2,190,000, to be Administrative Officer, and the Inspector Joint Committee on Printing, $750,000, to be disbursed by the Clerk of the House of Rep- General’’. divided into equal amounts and transferred resentatives: Provided, That, notwith- SEC. 109. (a) Upon the approval of the ap- to the Committee on House Oversight of the standing any other provision of law, the cost propriate employing authority, an employee House of Representatives and the Committee of basic training for the Capitol Police at the of the House of Representatives who is sepa- on Rules and Administration of the Senate. Federal Law Enforcement Training Center

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10343 for fiscal year 1996 shall be paid by the Sec- Law 103–283 shall remain available until Sep- ARCHITECT OF THE CAPITOL retary of the Treasury from funds available tember 30, 1996: Provided, That none of the OFFICE OF THE ARCHITECT OF THE CAPITOL to the Department of the Treasury. funds made available in this Act shall be avail- SALARIES ADMINISTRATIVE PROVISION able for salaries or expenses of any employee of the Office of Technology Assessment in excess of For the Architect of the Capitol, the As- SEC. 111. Amounts appropriated for fiscal 17 employees except for severance pay purposes. sistant Architect of the Capitol, and other year 1996 for the Capitol Police Board under personal services, at rates of pay provided by ADMINISTRATIVE PROVISIONS the heading ‘‘CAPITOL POLICE’’ may be trans- law, ø$8,569,000¿ $8,876,000. ferred between the headings ‘‘SALARIES’’ and SEC. 113. Upon enactment of this Act all em- TRAVEL ‘‘GENERAL EXPENSES’’, upon approval of the ployees of the Office of Technology Assessment Committees on Appropriations of the Senate for 183 days preceding termination of employ- Appropriations under the control of the and the House of Representatives. ment who are terminated as a result of the elimi- Architect of the Capitol shall be available for expenses of travel on official business not CAPITOL GUIDE SERVICE AND SPECIAL nation of the Office and who are not otherwise to exceed in the aggregate under all funds SERVICES OFFICE gainfully employed may continue to be paid by the sum of $20,000. For salaries and expenses of the Capitol the Office of Technology Assessment at their re- CONTINGENT EXPENSES Guide Service and Special Services Office, spective salaries for a period not to exceed 60 $1,991,000, to be disbursed by the Secretary of calendar days following the employee’s date of To enable the Architect of the Capitol to the Senate: Provided, That none of these termination or until the employee becomes oth- make surveys and studies, and to meet un- funds shall be used to employ more than erwise gainfully employed whichever is earlier. foreseen expenses in connection with activi- forty individuals: Provided further, That the A statement in writing to the Director of the Of- ties under his care, $100,000. fice of Technology Assessment or his designee by Capitol Guide Board is authorized, during CAPITOL BUILDINGS AND GROUNDS any such employee that he was not gainfully emergencies, to employ not more than two CAPITOL BUILDINGS additional individuals for not more than one employed during such period or the portion For all necessary expenses for the mainte- hundred twenty days each, and not more thereof for which payment is claimed shall be nance, care and operation of the Capitol and than ten additional individuals for not more accepted as prima facie evidence that he was electrical substations of the Senate and than six months each, for the Capitol Guide not so employed. House office buildings, under the jurisdiction Service. SEC. 114. Notwithstanding the provisions of the Federal Property and Administrative Serv- of the Architect of the Capitol, including fur- ADMINISTRATIVE PROVISION ices Act of 1949, as amended, or any other provi- nishings and office equipment; including not SEC. 112. (a) Section 441 of the Legislative Re- sion of law, upon the abolition of the Office of to exceed $1,000 for official reception and rep- organization Act of 1970 (40 U.S.C. 851) is Technology Assessment, all records and prop- resentation expenses, to be expended as the amended by adding at the end the following erty of that agency (including Unix system, all Architect of the Capitol may approve; pur- new subsection: computer hardware and software, all library chase or exchange, maintenance and oper- ‘‘(k) In addition to any other function under collections and research materials, and all ation of a passenger motor vehicle; and at- this section, the Capitol Guide Service shall pro- photocopying equipment), with the exception of tendance, when specifically authorized by vide special services to Members of Congress, realty and furniture, are hereby transferred to the Architect of the Capitol, at meetings or and to officers, employees, and guests of Con- the jurisdiction and control of the Library of conventions in connection with subjects re- gress.’’. Congress, Congressional Research Service, to be lated to work under the Architect of the (b) Section 310 of the Legislative Branch Ap- used and employed in connection with its func- Capitol, ø$22,832,000¿ $23,132,000, of which propriations Act, 1990 (2 U.S.C. 130e) is re- tions. ø$3,000,000¿ $2,950,000 shall remain available pealed. until expended: Provided, That hereafter ex- CONGRESSIONAL BUDGET OFFICE (c) The amendment made by subsection (a) penses, based on full cost recovery, for flying and the repeal made by subsection (b) shall take SALARIES AND EXPENSES American flags and providing certification serv- effect on October 1, 1995. For salaries and expenses necessary to ices therefor shall be advanced or reimbursed STATEMENTS OF APPROPRIATIONS carry out the provisions of the Congressional upon request of the Architect of the Capitol, For the preparation, under the direction of Budget Act of 1974 (Public Law 93–344), in- and amounts so received shall be deposited into the Committees on Appropriations of the cluding not to exceed $2,500 to be expended the Treasury to the credit of this appropriation. Senate and the House of Representatives, of on the certification of the Director of the CAPITOL GROUNDS Congressional Budget Office in connection the statements for the first session of the For all necessary expenses for care and im- with official representation and reception One Hundred Fourth Congress, showing ap- provement of grounds surrounding the Cap- expenses, ø$23,188,000¿ $25,788,000: Provided, propriations made, indefinite appropriations, itol, the Senate and House office buildings, That none of these funds shall be available and contracts authorized, together with a and the Capitol Power Plant, $5,143,000, of for the purchase or hire of a passenger motor chronological history of the regular appro- which $25,000 shall remain available until ex- vehicle: Provided further, That none of the priations bills as required by law, $30,000, to pended. be paid to the persons designated by the funds in this Act shall be available for sala- SENATE OFFICE BUILDINGS chairmen of such committees to supervise ries or expenses of any employee of the Con- the work. gressional Budget Office in excess of ø219¿ 244 For all necessary expenses for maintenance, care and operation of Senate Office Buildings; øADMINISTRATIVE PROVISION full-time equivalent positions: Provided further, That any sale or lease of property, sup- and furniture and furnishings to be expended øSEC. 112. (a) Section 441 of the Legislative plies, or services to the Congressional Budg- under the control and supervision of the Archi- Reorganization Act of 1970 (40 U.S.C. 851) is et Office shall be deemed to be a sale or lease tect of the Capitol, $41,757,000, of which amended by adding at the end the following of such property, supplies, or services to the $4,850,000 shall remain available until expended. new subsection: Congress subject to section 903 of Public Law HOUSE OFFICE BUILDINGS ø‘‘(k) In addition to any other function 98–63: Provided further, That the Director of under this section, the Capitol Guide Service For all necessary expenses for the mainte- the Congressional Budget Office shall have shall provide special services to Members of nance, care and operation of the House office the authority, within the limits of available Congress, and to officers, employees, and buildings, $33,001,000, of which $5,261,000 shall appropriations, to dispose of surplus or obso- guests of Congress.’’. remain available until expended. lete personal property by inter-agency trans- ø(b) Section 310 of the Legislative Branch CAPITOL POWER PLANT fer, donation, or discarding. Appropriations Act, 1990 (2 U.S.C. 130e) is re- øIn addition, for salaries and expenses of For all necessary expenses for the mainte- pealed. the Congressional Budget Office necessary to nance, care and operation of the Capitol ø(c) The amendment made by subsection carry out the provisions of title I of the Un- Power Plant; lighting, heating, power (in- (a) and the repeal made by subsection (b) funded Mandates Reform Act of 1995 (Public cluding the purchase of electrical energy) shall take effect on October 1, 1995.¿ Law 104–4), as authorized by section 109 of and water and sewer services for the Capitol, OFFICE OF COMPLIANCE such Act, $1,100,000.¿ Senate and House office buildings, Library of For salaries and expenses of the Office of Congress buildings, and the grounds about ADMINISTRATIVE PROVISION Compliance, as authorized by section 305 of the same, Botanic Garden, Senate garage, ø ¿ Public Law 104–1, the Congressional Account- SEC. 113 115. Section 8402(c) of title 5, and air conditioning refrigeration not sup- ability Act of 1995 (2 U.S.C. 1385), $2,500,000. United States Code, is amended— plied from plants in any of such buildings; (1) by redesignating paragraph (7) as para- heating the Government Printing Office and OFFICE OF TECHNOLOGY ASSESSMENT graph (8); and Washington City Post Office, and heating SALARIES AND EXPENSES (2) by inserting after paragraph (6) the fol- and chilled water for air conditioning for the For salaries and expenses necessary to carry lowing: Supreme Court Building, Union Station com- out the orderly closure of the Office of Tech- ‘‘(7) The Director of the Congressional plex, Thurgood Marshall Federal Judiciary nology Assessment, $3,615,000, of which $150,000 Budget Office may exclude from the oper- Building and the Folger Shakespeare Li- shall remain available until September 30, 1997. ation of this chapter an employee under the brary, expenses for which shall be advanced Upon enactment of this Act, $2,500,000 of the Congressional Budget Office whose employ- or reimbursed upon request of the Architect funds appropriated under this heading in Public ment is temporary or intermittent.’’. of the Capitol and amounts so received shall

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10344 CONGRESSIONAL RECORD — SENATE July 20, 1995 be deposited into the Treasury to the credit ‘‘$6,000,000’’ each place it appears and insert- toration of the Thomas Jefferson and John of this appropriation, ø$32,578,000¿ $31,518,000: ing in lieu thereof ‘‘$10,000,000’’. Adams Library buildings. (b) Section 307E(a)(1) of the Legislative Provided, That not to exceed $4,000,000 of the ADMINISTRATIVE PROVISIONS funds credited or to be reimbursed to this ap- Branch Appropriations Act, 1989 (40 U.S.C. propriation as herein provided shall be avail- 216c(a)(1)) is amended by striking out SEC. 202. Appropriations in this Act available for obligation during fiscal year 1996. ‘‘plans’’ and inserting in lieu thereof able to the Library of Congress shall be ‘‘plants’’. available, in an amount not to exceed LIBRARY OF CONGRESS $194,290, of which $58,100 is for the Congres- LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE sional Research Service, when specifically SALARIES AND EXPENSES SALARIES AND EXPENSES authorized by the Librarian, for attendance For necessary expenses to carry out the For necessary expenses of the Library of at meetings concerned with the function or provisions of section 203 of the Legislative Congress, not otherwise provided for, includ- activity for which the appropriation is made. Reorganization Act of 1946 (2 U.S.C. 166) and ing development and maintenance of the SEC. 203. (a) No part of the funds appro- to revise and extend the Annotated Constitu- Union Catalogs; custody and custodial care priated in this Act shall be used by the Li- tion of the United States of America, of the Library buildings; special clothing; brary of Congress to administer any flexible ø$75,083,000¿ $60,084,000: Provided, That no cleaning, laundering and repair of uniforms; or compressed work schedule which— part of this appropriation may be used to preservation of motion pictures in the cus- (1) applies to any manager or supervisor pay any salary or expense in connection with tody of the Library; preparation and dis- in a position the grade or level of which is any publication, or preparation of material tribution of catalog cards and other publica- equal to or higher than GS–15; and therefor (except the Digest of Public General tions of the Library; hire or purchase of one (2) grants such manager or supervisor the Bills), to be issued by the Library of Con- passenger motor vehicle; and expenses of the right to not be at work for all or a portion gress unless such publication has obtained Library of Congress Trust Fund Board not of a workday because of time worked by the prior approval of either the Committee on properly chargeable to the income of any manager or supervisor on another workday. House Oversight of the House of Representa- trust fund held by the Board, ø$195,076,000 (b) For purposes of this section, the term tives or the Committee on Rules and Admin- (less $1,165,000)¿ $213,164,000, of which not ‘‘manager or supervisor’’ means any manage- istration of the Senate: Provided further, more than $7,869,000 shall be derived from ment official or supervisor, as such terms are That, notwithstanding any other provision collections credited to this appropriation defined in section 7103(a) (10) and (11) of title of law, the compensation of the Director of during fiscal year 1996 under the Act of June 5, United States Code. the Congressional Research Service, Library 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. SEC. 204. Appropriated funds received by of Congress, shall be at an annual rate which 150): Provided, That the total amount avail- the Library of Congress from other Federal is equal to the annual rate of basic pay for able for obligation shall be reduced by the agencies to cover general and administrative positions at level IV of the Executive Sched- amount by which collections are less than overhead costs generated by performing re- ule under section 5315 of title 5, United the $7,869,000: Provided further, That of the imbursable work for other agencies under States Code. total amount appropriated, $8,458,000 is to re- the authority of 31 U.S.C. 1535 and 1536 shall main available until expended for acquisi- GOVERNMENT PRINTING OFFICE not be used to employ more than 65 employ- tion of books, periodicals, and newspapers, ees and may be expended or obligated— CONGRESSIONAL PRINTING AND BINDING and all other materials including subscrip- (1) in the case of a reimbursement, only For authorized printing and binding for the tions for bibliographic services for the Li- to such extent or in such amounts as are pro- Congress and the distribution of Congres- brary, including $40,000 to be available solely vided in appropriations Acts; or sional information in any format; printing for the purchase, when specifically approved (2) in the case of an advance payment, and binding for the Architect of the Capitol; by the Librarian, of special and unique mate- only— expenses necessary for preparing the semi- rials for additions to the collections. (A) to pay for such general or adminis- monthly and session index to the Congres- COPYRIGHT OFFICE trative overhead costs as are attributable to sional Record, as authorized by law (44 SALARIES AND EXPENSES the work performed for such agency; or U.S.C. 902); printing and binding of Govern- For necessary expenses of the Copyright (B) to such extent or in such amounts as ment publications authorized by law to be are provided in appropriations Acts, with re- distributed to Members of Congress; and Office, including publication of the decisions of the United States courts involving copy- spect to any purpose not allowable under printing, binding, and distribution of Gov- subparagraph (A). ernment publications authorized by law to rights, $30,818,000, of which not more than SEC. 205. Not to exceed $5,000 of any funds be distributed without charge to the recipi- $16,840,000 shall be derived from collections appropriated to the Library of Congress may ent, ø$88,281,000¿ $85,500,000: Provided, That credited to this appropriation during fiscal be expended, on the certification of the Li- this appropriation shall not be available for year 1996 under 17 U.S.C. 708(c), and not more brarian of Congress, in connection with offi- paper copies of the permanent edition of the than $2,990,000 shall be derived from collec- cial representation and reception expenses Congressional Record for individual øSen- tions during fiscal year 1996 under 17 U.S.C. for the Library of Congress incentive awards ators,¿ Representatives, Resident Commis- 111(d)(2), 119(b)(2), 802(h), and 1005: Provided, program. sioners or Delegates authorized under 44 That the total amount available for obliga- SEC. 206. Not to exceed $12,000 of funds ap- U.S.C. 906: Provided further, That this appro- tion shall be reduced by the amount by propriated to the Library of Congress may be priation shall be available for the payment which collections are less than $19,830,000: expended, on the certification of the Librar- of obligations incurred under the appropria- Provided further, That up to $100,000 of the ian of Congress or his designee, in connec- tions for similar purposes for preceding fis- amount appropriated is available for the tion with official representation and recep- cal years. maintenance of an ‘‘International Copyright This title may be cited as the ‘‘Congres- Institute’’ in the Copyright Office of the Li- tion expenses for the Overseas Field Offices. sional Operations Appropriations Act, 1996’’. brary of Congress for the purpose of training SEC. 207. Under the heading ‘‘Library of nationals of developing countries in intellec- Congress’’ obligational authority shall be TITLE II—OTHER AGENCIES tual property laws and policies: Provided fur- available, in an amount not to exceed BOTANIC GARDEN ther, That not to exceed $2,250 may be ex- ø$86,912,000¿ $99,412,000 for reimbursable and SALARIES AND EXPENSES pended on the certification of the Librarian revolving fund activities, and ø$5,667,000¿ For all necessary expenses for the mainte- of Congress or his designee, in connection $7,295,000 for non-expenditure transfer activi- nance, care and operation of the Botanic with official representation and reception ties in support of parliamentary develop- Garden and the nurseries, buildings, grounds, expenses for activities of the International ment during the current fiscal year. and collections; and purchase and exchange, Copyright Institute. SEC. 208. Notwithstanding this or any other maintenance, repair, and operation of a pas- BOOKS FOR THE BLIND AND PHYSICALLY Act, obligational authority under the head- senger motor vehicle; all under the direction HANDICAPPED ing ‘‘Library of Congress’’ for activities funded by the Agency for International Devel- of the Joint Committee on the Library, SALARIES AND EXPENSES $3,053,000. opment in support of parliamentary develop- For salaries and expenses to carry out the ment is prohibited, except for Russia, øCONSERVATORY RENOVATION provisions of the Act of March 3, 1931 (chap- Ukraine, Albania, Slovakia, øand Romania,¿ ø For renovation of the Conservatory of the ter 400; 46 Stat. 1487; 2 U.S.C. 135a), Romania, and Egypt for other than incidental Botanic Garden, $7,000,000, to be available to $44,951,000, of which $11,694,000 shall remain purposes. the Architect of the Capitol without fiscal available until expended. øSEC. 209. (a) Section 206 of the Legislative year limitation: Provided, That the total FURNITURE AND FURNISHINGS Branch Appropriations Act, 1994 (2 U.S.C. amount appropriated for such renovation for For necessary expenses for the purchase 132a–1) is amended by striking out ‘‘Effec- this fiscal year and later fiscal years may and repair of furniture, furnishings, office tive’’ and all that follows through ‘‘pro- not exceed $21,000,000.¿ and library equipment, $4,882,000, of which vided’’, and inserting in lieu thereof ‘‘Obliga- ADMINISTRATIVE PROVISIONS $943,000 shall be available until expended tions for reimbursable activities and revolv- SEC. 201. (a) Section 201 of the Legislative only for the purchase and supply of fur- ing fund activities performed by the Library Branch Appropriations Act, 1993 (40 U.S.C. niture, shelving, furnishings, and related of Congress and obligations exceeding 216c note) is amended by striking out costs necessary for the renovation and res- $100,000 for a fiscal year for any single gift

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fund activity or trust fund activity per- øADMINISTRATIVE PROVISION motor vehicle; advance payments in foreign formed by the Library of Congress are lim- øSEC. 210. The last paragraph of section countries in accordance with 31 U.S.C. 3324; ited to the amounts provided for such pur- 1903 of title 44, United States Code, is amend- benefits comparable to those payable under poses’’. ed by striking out the last sentence and in- sections 901(5), 901(6) and 901(8) of the For- ø(b) The amendment made by subsection serting in lieu thereof the following: ‘‘The eign Service Act of 1980 (22 U.S.C. 4081(5), (a) shall take effect on October 1, 1996, and cost of production and distribution for publi- 4081(6) and 4081(8)); and under regulations shall apply with respect to fiscal years be- cations distributed to depository libraries— prescribed by the Comptroller General of the ginning on or after that date.¿ ø‘‘(1) in paper or microfiche formats, United States, rental of living quarters in SEC. 209. The Library of Congress may for whether or not such publications are requi- foreign countries and travel benefits com- such employees as it deems appropriate author- sitioned from or through the Government parable with those which are now or hereafter may be granted single employees of the ize a payment to employees who voluntarily re- Printing Office, shall be borne by the compo- Agency for International Development, in- tire during fiscal 1996 which payment shall be nents of the Government responsible for cluding single Foreign Service personnel as- paid in accordance with the provisions of sec- their issuance; and signed to AID projects, by the Administrator tion 5597(d) of title 5, United States Code. ø‘‘(2) in other than paper or microfiche for- of the Agency for International Develop- SEC. 210. (a) PURPOSE.—The purpose of this mats— ment—or his designee—under the authority section is to reduce the cost of information sup- ø ‘‘(A) if such publications are requisitioned of section 636(b) of the Foreign Assistance port for the Congress by eliminating duplication from or through the Government Printing Act of 1961 (22 U.S.C. 2396(b)); ø$392,864,000¿ among systems which provide electronic access Office, shall be charged to appropriations $374,406,000: Provided, That not more than by Congress to legislative information. provided to the Superintendent of Docu- $400,000 of reimbursements received incident (b) DEFINITIONS.—For the purpose of this sec- ments for that purpose; and¿ to the operation of the General Accounting tion, the term ‘‘legislative information’’ means ø‘‘(B) if such publications are obtained Office Building shall be available for use in information about legislation prepared by, or on elsewhere than from the Government Print- fiscal year 1996: Provided further, That not- behalf of, the entire Congress, or by the commit- ing Office, shall be borne by the components withstanding 31 U.S.C. 9105 hereafter tees, subcommittees, or offices of the Congress, of the Government responsible for their amounts reimbursed to the Comptroller Gen- to include, but not limited to, the text of bills issuance.’’.¿ eral pursuant to that section shall be depos- and amendments to bills; the Congressional GOVERNMENT PRINTING OFFICE REVOLVING ited to the appropriation of the General Ac- Record; legislative activity recorded for the FUND counting Office then available and remain Record and/or the current Senate or House bill The Government Printing Office is hereby available until expended, and not more than status systems; committee hearings, reports, and authorized to make such expenditures, with- $8,000,000 of such funds shall be available for prints. in the limits of funds available and in accord use in fiscal year 1996 and, in addition, the fol- (c) Consistent with the provisions of any other with the law, and to make such contracts lowing sums are appropriated, to be available law, the Library of Congress shall develop and and commitments without regard to fiscal for the fiscal year beginning October 1, 1996 and maintain, in coordination with other appro- ending September 30, 1997, for the necessary ex- year limitations as provided by section 104 of priate Legislative Branch entities, a single legis- penses of the General Accounting Office, in ac- the Government Corporation Control Act as lative information retrieval system to serve the cordance with the authority, and on such terms may be necessary in carrying out the pro- entire Congress. and conditions, as provided for in fiscal year grams and purposes set forth in the budget (d) The Library shall develop a plan for cre- 1996, including $7,000 for official representation for the current fiscal year for the Govern- ation of this system, taking into consideration and reception expenses, $338,425,400: Provided ment Printing Office revolving fund: Pro- the findings and recommendations of the study further, That not more than $100,000 of reim- vided, That not to exceed $2,500 may be ex- directed by House Report No. 103–517 to identify bursements received incident to the operation of pended on the certification of the Public and eliminate redundancies in congressional in- the General Accounting Office Building shall be Printer in connection with official represen- formation systems. This plan must be approved available for use in 1997: Provided further, That tation and reception expenses: Provided fur- by the Senate Rules and Administration Com- notwithstanding 31 U.S.C. 9105 hereafter ther, That the revolving fund shall be avail- mittee and the House Oversight Committee. The amounts reimbursed to the Comptroller General able for the hire or purchase of passenger Library shall provide these committees, as well pursuant to that section shall be deposited to motor vehicles, not to exceed a fleet of as the Senate and House Appropriations Com- the appropriation of the General Accounting Of- twelve: Provided further, That expenditures mittees, with regular status reports on the im- fice then available and remain available until in connection with travel expenses of the ad- plementation of the plan. expended, and not more than $6,000,000 of such visory councils to the Public Printer shall be (e) In formulating its plan, the Library shall funds shall be available in fiscal year 1997: Pro- deemed necessary to carry out the provisions examine issues regarding efficient ways to make vided further, That this appropriation and ap- of title 44, United States Code: Provided fur- this information available to the public. This propriations for administrative expenses of ther, That the revolving fund shall be avail- any other department or agency which is a analysis shall be submitted to the Senate and able for services as authorized by 5 U.S.C. member of the Joint Financial Management House Appropriations Committees as well as the 3109 but at rates for individuals not to exceed Improvement Program (JFMIP) shall be Senate Rules and Administration Committee and the per diem rate equivalent to the rate for available to finance an appropriate share of the House Oversight Committee for their consid- level V of the Executive Schedule (5 U.S.C. JFMIP costs as determined by the JFMIP, eration and possible action. 5316): Provided further, That the revolving including the salary of the Executive Direc- ARCHITECT OF THE CAPITOL fund and the funds provided under the head- tor and secretarial support: Provided further, LIBRARY BUILDINGS AND GROUNDS ings ‘‘OFFICE OF SUPERINTENDENT OF DOCU- That this appropriation and appropriations STRUCTURAL AND MECHANICAL CARE MENTS’’ and ‘‘SALARIES AND EXPENSES’’ to- for administrative expenses of any other de- gether may not be available for the full-time partment or agency which is a member of For all necessary expenses for the mechan- equivalent employment of more than ø3,550 the National Intergovernmental Audit ical and structural maintenance, care and workyears¿ 3,900 workyears by the end of fiscal Forum or a Regional Intergovernmental operation of the Library buildings and year 1996: Provided further, That activities fi- Audit Forum shall be available to finance an grounds, $12,428,000, of which $3,710,000 shall nanced through the revolving fund may pro- appropriate share of Forum costs as deter- remain available until expended. vide information in any format: Provided fur- mined by the Forum, including necessary GOVERNMENT PRINTING OFFICE ther, That the revolving fund shall not be travel expenses of non-Federal participants. OFFICE OF SUPERINTENDENT OF DOCUMENTS used to administer any flexible or com- Payments hereunder to either the Forum or the JFMIP may be credited as reimburse- SALARIES AND EXPENSES pressed work schedule which applies to any manager or supervisor in a position the ments to any appropriation from which costs For expenses of the Office of Super- grade or level of which is equal to or higher involved are initially financed: Provided fur- intendent of Documents necessary to provide than GS–15: Provided further, That expenses ther, That to the extent that funds are other- for the cataloging and indexing of Govern- for attendance at meetings shall not exceed wise available for obligation, agreements or ment publications and their distribution to $75,000. contracts for the removal of asbestos, and the public, Members of Congress, other Gov- GENERAL ACCOUNTING OFFICE renovation of the building and building sys- ernment agencies, and designated depository tems (including the heating, ventilation and and international exchange libraries as au- SALARIES AND EXPENSES air conditioning system, electrical system thorized by law, ø$16,312,000¿ $30,307,000: Pro- For necessary expenses of the General Ac- and other major building systems) of the vided, That travel expenses, including travel counting Office, including not to exceed General Accounting Office Building may be expenses of the Depository Library Council $7,000 to be expended on the certification of made for periods not exceeding five years: to the Public Printer, shall not exceed the Comptroller General of the United States Provided further, That this appropriation and $130,000: Provided further, That funds, not to in connection with official representation appropriations for administrative expenses exceed $2,000,000, from current year appro- and reception expenses; services as author- of any other department or agency which is priations are authorized for producing and ized by 5 U.S.C. 3109 but at rates for individ- a member of the American Consortium on disseminating Congressional Serial Sets and uals not to exceed the per diem rate equiva- International Public Administration other related Congressional/non-Congres- lent to the rate for level IV of the Executive (ACIPA) shall be available to finance an ap- sional publications for 1994 and 1995 to depos- Sched- propriate share of ACIPA costs as deter- itory and other designated libraries. ule (5 U.S.C. 5315); hire of one passenger mined by the ACIPA, including any expenses

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10346 CONGRESSIONAL RECORD — SENATE July 20, 1995 attributable to membership of ACIPA in the obligation beyond the current fiscal year un- ø(A) the unexpended balance of appropria- International Institute of Administrative less expressly so provided herein. tions for security installations, as referred Sciences. SEC. 303. Whenever any office or position to in the paragraph under the heading ‘‘CAP- øADMINISTRATIVE PROVISION¿ not specifically established by the Legisla- ITOL BUILDINGS’’, under the general headings tive Pay Act of 1929 is appropriated for here- ADMINISTRATIVE PROVISIONS ‘‘JOINT ITEMS’’, ‘‘ARCHITECT OF THE in or whenever the rate of compensation or CAPITOL’’, and ‘‘CAPITOL BUILDINGS AND øSEC. 211. (a) Effective June 30, 1996, the designation of any position appropriated for GROUNDS’’ in title I of the Legislative Branch functions of the Comptroller General identi- herein is different from that specifically es- Appropriations Act, 1995 (108 Stat. 1434), in- fied in subsection (b) are transferred to the tablished for such position by such Act, the cluding any unexpended balance from a prior Director of the Office of Management and rate of compensation and the designation of fiscal year and any unexpended balance Budget, contingent upon the additional the position, or either, appropriated for or under such headings in this Act; and¿ transfer to the Office of Management and provided herein, shall be the permanent law ø(B) the unexpended balance of the appro- Budget of such personnel, budget authority, with respect thereto: Provided, That the propriation for an improved security plan, as records, and property of the General Ac- visions herein for the various items of offi- transferred to the Architect of the Capitol counting Office relating to such functions as cial expenses of Members, officers, and com- by section 102 of the Legislative Branch Ap- the Comptroller General and the Director mittees of the Senate and House of Rep- propriations Act, 1989 (102 Stat. 2165). jointly determine to be necessary. The Direc- resentatives, and clerk hire for Senators and ø(b) Effective October 1, 1995, the responsi- tor may delegate any such function, in whole Members of the House of Representatives bility for design and installation of security or in part, to any other agency or agencies if shall be the permanent law with respect systems for the Capitol buildings and the Director determines that such delegation thereto. grounds is transferred from the Architect of would be cost-effective or otherwise in the SEC. 304. The expenditure of any appropria- the Capitol to the Capitol Police Board. Such public interest, and may transfer to such tion under this Act for any consulting serv- design and installation shall be carried out agency or agencies any personnel, budget au- ice through procurement contract, pursuant under the direction of the Committee on thority, records, and property received by to 5 U.S.C. 3109, shall be limited to those House Oversight of the House of Representa- the Director pursuant to the preceding sen- contracts where such expenditures are a tives and the Committee on Rules and Ad- tence that relate to the delegated functions. matter of public record and available for ministration of the Senate, and without re- Personnel transferred pursuant to this provi- public inspection, except where otherwise gard to section 3709 of the Revised Statutes sion shall not be separated or reduced in provided under existing law, or under exist- of the United States (41 U.S.C. 5). On and classification or compensation for one year ing Executive order issued pursuant to exist- after October 1, 1995, any alteration to a after any such transfer, except for cause. ing law. structural, mechanical, or architectural fea- ø SEC. 305. (a) It is the sense of the Congress (b) The following provisions of the United ture of the Capitol buildings and grounds that, to the greatest extent practicable, all States Code contain the functions to be that is required for a security system under equipment and products purchased with transferred pursuant to subsection (a): sec- the preceding sentence may be carried out funds made available in this Act should be tions 5564 and 5583 of title 5; sections 2312, only with the approval of the Architect of 2575, 2733, 2734, 2771, 4712, and 9712 of title 10; American-made. (b) In providing financial assistance to, or the Capitol. sections 1626 and 4195 of title 22; section 420 ø(c)(1) Effective October 1, 1995, all posi- entering into any contract with, any entity of title 24; sections 2414 and 2517 of title 28; tions specified in paragraph (2) and each in- sections 1304, 3702, 3726, and 3728 of title 31; using funds made available in this Act, the head of each Federal agency, to the greatest dividual holding any such position (on a per- sections 714 and 715 of title 32; section 554 of manent basis) immediately before that date, title 37; section 5122 of title 38; and section extent practicable, shall provide to such entity a notice describing the statement made as identified by the Architect of the Capitol, 256a of title 41.¿ ¿ in subsection (a) by the Congress. shall be transferred to the Capitol Police. SEC. 211. (a) Section 732 of title 31, United ø(2) The positions referred to in paragraph SEC. 306. (a) Upon approval of the Com- States Code, is amended by adding a new sub- (1) are those positions which, immediately section (h) as follows: mittee on Appropriations of the House of Representatives, and in accordance with con- before October 1, 1995, are— ‘‘(h) Notwithstanding the provisions of sub- ø ditions determined by the Committee on (A) under the Architect of the Capitol; chapter I of chapter 35 of title 5, United States ø(B) within the Electronics Engineering Code, the Comptroller General shall prescribe House Oversight, positions in connection with House parking activities and related Division of the Office of the Architect of the regulations for the release of officers and em- Capitol; and ployees of the General Accounting Office in a funding shall be transferred from the appropriation ‘‘Architect of the Capitol, Capitol ø(C) related to the design or installation of reduction in force which give due effect to ten- security systems for the Capitol buildings ure of employment, military preference, perform- buildings and grounds, House office buildings’’ to the appropriation ‘‘House of Rep- and grounds. ance and/or contributions to the agency’s goals ø(3) All annual leave and sick leave stand- and objectives, and length of service. The regu- resentatives, salaries, officers and employees, Office of the Sergeant at Arms’’: Pro- ing to the credit of an individual imme- lations shall, to the extent deemed feasible by diately before such individual is transferred the Comptroller General, be designed to mini- vided, That the position of Superintendent of Garages shall be subject to authorization in under paragraph (1) shall be credited to such mize disruption to the Office and to assist in annual appropriation Acts. individual, without adjustment, in the new promoting the efficiency of the Office.’’. (b) For purposes of section 8339(m) of title position of the individual.¿ SEC. 212. Section 753 of title 31, United States 5, United States Code, the days of unused SEC. ø309¿ 308. (a) Section 230(a) of the Con- Code, is amended— sick leave to the credit of any such employee gressional Accountability Act of 1995 (2 (1) by redesignating subsections (b), (c), and as of the date such employee is transferred U.S.C. 1371(a)) is amended by striking out (d) as (c), (d), and (e), respectively. ‘‘Administrative Conference of the United (2) by inserting after subsection (a) a new sub- under subsection (a) shall be included in the total service of such employee in connection States’’ and inserting in lieu thereof section (b) as follows: ‘‘Board’’. ‘‘(b) The Board has no authority to issue a with the computation of any annuity under subsections (a) through (e) and (o) of such (b) Section 230(d)(1) of the Congressional stay of any reduction in force action.’’; and Accountability Act of 1995 (2 U.S.C. (3) in the second sentence of subsection (c), as section. (c) In the case of days of annual leave to 1371(d)(1)) is amended— redesignated, by striking ‘‘(c)’’ and inserting the credit of any such employee as of the (1) by striking out ‘‘Administrative Con- ‘‘(d)’’. date such employee is transferred under sub- ference of the United States’’ and inserting SEC. 213. The General Accounting Office may section (a) the Architect of the Capitol is au- in lieu thereof ‘‘Board’’; and for such officers and employees as it deems ap- (2) by striking out ‘‘and shall submit the propriate authorize a payment to officers and thorized to make a lump sum payment to each such employee for that annual leave. study and recommendations to the Board’’. employees who voluntarily separate on or before SEC. ø310¿ 309. Section 122(d) of the Mili- September 30, 1995, whether by retirement or res- No such payment shall be considered a payment or compensation within the meaning of tary Construction Appropriations Act, 1994 ignation, which payment shall be paid in ac- (Public Law 103–110; 2 U.S.C. 141 note) is cordance with the provisions of section 5597(d) any law relating to dual compensation. SEC. 307. None of the funds made available amended by adding at the end the following of title 5, United States Code. in this Act may be used for the relocation of new sentence: ‘‘The Provost Marshal (U.S. TITLE III—GENERAL PROVISIONS the office of any Member of the House of Army Military Police), Fort George G. SEC. 301. No part of the funds appropriated Representatives within the House office Meade, is authorized to police the real prop- in this Act shall be used for the maintenance buildings. erty, including improvements thereon, trans- or care of private vehicles, except for emer- øSEC. 308. (a)(1) Effective October 1, 1995, ferred under subsection (a), and to make ar- gency assistance and cleaning as may be pro- the unexpended balances of appropriations rests on the said real property and within vided under regulations relating to parking specified in paragraph (2) are transferred to any improvements situated thereon for any facilities for the House of Representatives the appropriation for general expenses of the violation of any law of the United States, issued by the Committee on House Oversight Capitol Police, to be used for design and in- the District of Columbia, or any State, or of and for the Senate issued by the Committee stallation of security systems for the Capitol any regulation promulgated pursuant thereon Rules and Administration. buildings and grounds. to, and such authority shall be construed as SEC. 302. No part of any appropriation con- ø(2) The unexpended balances referred to in authorizing the Provost Marshal, with the tained in this Act shall remain available for paragraph (1) are— consent or upon the request of the Librarian

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10347 of Congress or his assistants, to enter any specified in paragraph (2), the Architect of tainly an indication that we are on tar- improvements situated on the said real prop- the Capitol shall retain full authority for get. We had these bills scheduled for erty that are under the jurisdiction of the completing, under plans approved by the Ar- tomorrow. We will do them today. Library of Congress to make arrests or to pa- chitect, the National Garden authorized by trol such structures.’’. section 307E of the Legislative Branch Ap- Maybe we can do something else to- øSEC. 311. (a)(1) Effective as prescribed by propriations Act, 1989 (40 U.S.C. 216c), includ- morrow. I wish the managers success, paragraph (2), the administrative jurisdic- ing the renovation of the Conservatory of and I hope we can do it quickly. tion over the property described in sub- the Botanic Garden under section 209(b) of Mr. MACK addressed the Chair. section (b), known as the Botanic Garden, is Public Law 102–229 (40 U.S.C. 216c note). In transferred, without reimbursement, to the carrying out the preceding sentence, the Ar- The PRESIDING OFFICER. The Secretary of Agriculture. After such trans- chitect— Chair recognizes the Senator from fer, the Botanic Garden shall continue as a ø(A) shall have full responsibility for de- Florida [Mr. MACK]. scientific display garden to inform and edu- sign, construction management and super- cate visitors and the public as to the value of vision, and acceptance of gifts; Mr. MACK. Mr. President, I am plants to the well-being of humankind and ø(B) shall inform the Secretary of Agri- pleased to present the fiscal year 1996 the natural environment. culture from time to time of the progress of legislative branch appropriations bill, ø (2) The transfer referred to in paragraph the work involved; and H.R. 1854, to the Senate. Simply put, (1) shall take effect— ø(C) shall notify the Secretary of Agri- ø with this bill the Congress leads the (A) on October 1, 1996, with respect to the culture when, as determined by the Archi- property described in subsection (b)(1)(A); way in fulfilling our commitment to tect, the National Garden, including the ren- reduce the size, scope, and cost of the and ovation of the Conservatory of the Botanic ø Federal Government. (B) on the later of October 31, 1996, or the Garden, is complete. date of the conveyance described in sub- ø(2) The laws referred to in paragraph (1) But, of equal importance to keeping section (b)(1)(B), with respect to the property are section 2 of the Act entitled ‘‘An Act pro- our promise to the American people in described in that subsection. viding for a comprehensive development of reducing the size and cost of Congress ø(b)(1) The property referred to in sub- the park and playground system of the Na- section (a)(1) is the property consisting of— tional Capital.’’, approved June 6, 1924 (40 is making these reductions in a ø(A) Square 576 in the District of Columbia U.S.C. 71a), and the first section of the Act thoughtful and responsible manner. (bounded by Maryland Avenue on the north, entitled ‘‘An Act establishing a Commission The bill we present today does not First Street on the east, Independence Ave- of Fine Arts.’’, approved May 17, 1910 (40 compromise the legislative and over- nue on the south, and Third Street on the U.S.C. 104). sight responsibilities of Congress. west) and Square 578 in the District of Co- ø(f)(1) Except as provided in paragraph (2), lumbia (bounded by Independence Avenue on effective October 1, 1996, the unexpended bal- Mr. President, I would like to take a the north, First Street on the east, and ances of appropriations for the Botanic Gar- moment to describe the approach the Washington Avenue on the southwest), other den are transferred to the Secretary of Agri- committee took in arriving at these than the property included in the Capitol culture. funding levels. This past January, I Grounds by paragraph (20) of the first section ø(2) Any unexpended balances of appropria- sent a letter to each of the Senate offi- of Public Law 96–432 (40 U.S.C. 193a note); tions for completion of the National Garden, cers and legislative branch support ø(B) the site known as the Botanic Garden including the Conservatory of the Botanic Nursery at D.C. Village, consisting of 25 Garden, under subsection (e) shall remain agencies asking them to undergo a se- acres located at 4701 Shepherd Parkway, under the Architect of the Capitol. rious programmatic review of each of S.W., Washington, D.C. (formerly part of a ø(g) After the transfer under this section— their activities and services they pro- tract of land known as Parcel 253/26), which ø(1) under such terms and conditions as the vide to Congress. site is to be conveyed by the District of Co- Secretary of Agriculture may impose, including a requirement for payment of fees In doing so, they were asked to take lumbia to the Architect of the Capitol pursu- a long and hard look at their core mis- ant to Public Law 98–340 (40 U.S.C. 215 note); for the benefit of the Botanic Garden, the ø(C) all buildings, structures, and other im- National Garden and the Conservatory of the sions and statutory responsibilities. provements located on the property de- Botanic Garden shall be available for recep- They were asked to explore ways of scribed in subparagraphs (A) and (B), respec- tions sponsored by Members of Congress; and using technologies to make their oper- tively; and ø(2) the Secretary of Agriculture, through ations more efficient and productive. ø(D) all equipment and other personal the Botanic Garden, shall continue, with re- They were asked to explore opportuni- property that, immediately before the trans- imbursement, to propagate and provide such ties for consolidation and restructuring fer under this section, is located on the prop- plant materials as the Architect may require for the United States Capitol Grounds, and of their functions and services. Fol- erty described in subparagraphs (A) and (B), lowing their top to bottom review, the respectively, and is under the control of the such indoor plant materials and cut flowers Architect of the Capitol, acting under the di- as are authorized by policies of the House of results were incorporated into new rection of the Joint Committee on the Li- Representatives and the Senate.¿ budget justifications which were pre- ø ¿ brary. SEC. 312 310. Any amount appropriated in sented in hearings before the sub- ø(c) Not later than the date of the convey- this Act for ‘‘HOUSE OF REPRESENTA- committee. ance to the Architect of the Capitol of the TIVES—Salaries and Expenses—Members’ property described in subsection (b)(1)(B), Representational Allowances’’ shall be avail- I am deeply appreciative to each of the Architect of the Capitol and the Sec- able only for fiscal year 1996. Any amount re- the Senate officers and agency heads. I retary of Agriculture shall enter into an maining after all payments are made under want to thank in particular the former agreement to permit the retention by the such allowances for such fiscal year shall be Secretary of the Senate, Ms. Sheila Architect of the Capitol of a portion of that deposited in the Treasury, to be used for def- Burke and her successor, Mr. Kelly property for legislative branch storage and icit reduction. SEC. 311. Section 316 of Public Law 101–302 is Johnston, and the Senate Sergeant at support facilities and expansion of such fa- Arms, Howard O. Greene, for their co- cilities, and facilities to be developed for use amended in the first sentence of subsection (a) by the Capitol Police. by striking ‘‘1995’’ and inserting ‘‘1996’’. operation. These offices met, and even ø(d)(1) Effective October 1, 1996, all em- This Act may be cited as the ‘‘Legislative exceeded their goals of reducing their ployee positions specified in paragraph (2) Branch Appropriations Act, 1996’’. budgets by 12.5 percent. Without their and each individual holding any such posi- Mr. DOLE. Mr. President, I now ask commitment and the dedication of tion (on a permanent basis) immediately be- unanimous consent that the committee their respective staffs the committee fore the transfer, as identified by the Archi- amendments be considered, en bloc, would not have been able to produce tect of the Capitol, shall be transferred to agreed to, en bloc, and considered the Department of Agriculture. the legislation that the Senate con- ø(2) The employee positions referred to in original text for the purpose of further siders today. paragraph (1) are those positions which, im- amendment, and that no points of order be waived. Mr. President, as any member of the mediately before October 1, 1996, are under committee will tell you, these deci- the Architect of the Capitol and are pri- The PRESIDING OFFICER. Without marily related to the functions of the Bo- objection, it is so ordered. sions were not easy. But, we have, in tanic Garden. So the committee amendments were great measure, accomplished what we ø(3) All annual leave and sick leave stand- agreed to. set out to do, respond to the clear and ing to the credit of an individual imme- Mr. DOLE. Mr. President, let me in- unmistakable message sent by the diately before such individual is transferred dicate that we are happy to have the American people last November— under paragraph (1) shall be credited to such managers here this morning on the change the way we do business here in individual, without adjustment, in the new position of the individual. first appropriations bill. We hope to Washington, reduce spending, and ø(e)(1) Notwithstanding the transfer under dispose of six appropriations bills be- bring runaway spending in control and this section, and without regard to the laws fore the August recess. This is cer- balance the Federal budget.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10348 CONGRESSIONAL RECORD — SENATE July 20, 1995 I would like to summarize the high- mandated by the Unfunded Mandate Library Program; the program which lights of the bill: Reform Act. assures the American people ready and The total funding for the legislative The GAO is reduced 15 percent from dependable access to government infor- branch appropriation is $2,190,380,000, a fiscal year 1995 levels and we have in- mation. reduction of just over $200 million or cluded an advance appropriation for While the committee would have pre- 8.45 percent below the fiscal year 1995 fiscal year 1997 which will result in a ferred to make more substantial level. two year reduction of 25 percent. changes to the structure and funding of For the funding of the operations of The Office of Technology Assessment the Architect of the Capitol and the the Senate the committee’s rec- is eliminated in the bill. The com- Government Printing Office, we clearly ommendation is $426.9 million a $33.7 mittee has included termination costs need more information before making million reduction. In addition, the in fiscal year 1996 which total $3.6 mil- these decision. Finally, I want to committee rescinds $63.5 million of un- lion. thank our ranking member, Senator obligated funds from previous years. Mr. President, each Member of the MURRAY, as well as the other members Within the Senate accounts the fund- Senate should know that this bill com- of the subcommittee, for their hard ing for committees reflects a 15-per- plies with the specifics of the Senate work and cooperation in crafting this cent reduction. As I have already men- budget resolution which provides a dra- measure. Additionally, this year’s bill tioned, the funding for the offices of matic and necessary outline for bal- builds upon the years of hard work and the Secretary of the Senate and Ser- ancing the Federal budget by the year dedication of Senator REID, our former geant at Arms are reduced by 12.5 per- 2002. The budget resolution specifies chairman. Senator REID extended a cent. the reductions to the General Account- great deal of time and cooperation to Again, I want to reiterate or make ing Office and the elimination of the me as ranking member, and I thank the point that these reductions are Office of Technology Assessment. him for that. from this year’s level. This is not some In regards to the two year 25 percent Mr. President, I would yield the floor reduction from some arbitrary, inflated reduction in the funding for the Gen- to our ranking member and floor man- baseline. These are reductions from eral Accounting Office, I want to thank ager, Senator MURRAY, for any state- this year’s expenditures. Senator ROTH, chairman of the Govern- ment she would wish to make. Mr. President, in last years bill the ment Affairs Committee, and his staff Mrs. MURRAY. Thank you, Mr. Senate passed into law a ban on unso- for their cooperation in identifying and President. Mr. President, I rise in support of the licited mass mailing which has re- recommending needed changes at GAO. H.R. 1854, the fiscal year 1996 Legisla- sulted in tens of millions of dollars in With their assistance, I am confident tive branch appropriation bill. I note savings to the taxpayer. Again, this that the GAO will be able to perform that this is not the first year in which year the committee freezes official its core statutory mission. the committee has made the effort to mail cost at $11 million. Also, I want to thank the Comp- constrain the spending of the legisla- The statutory allowances for Sen- troller General, Charles Bowsher, for tive branch. As Senator MACK stated ator’s offices are not reduced. The rec- his help. He will tell you that the fund- last year in his opening floor remarks ommended funding for Members’ office ing levels will be difficult and will on the fiscal year 1995 legislative salaries and expenses should be suffi- force structural changes, but he is branch appropriation bill, ‘‘This is the cient to cover fiscal year 1996 expendi- committed to making the General Ac- fourth year in a row now that we have tures. counting Office the model for the rest held funding at or below the previous Mr. President, S. 2, the Congressional of the Federal Government in produc- year’s levels in real dollars.’’ Mr. Presi- Accountability Act, which was passed tivity and efficiency as we continue to dent, that means that this is the fifth into law early this year, mandates that restructure and downsize the Federal year in a row that the Senate Appro- Congress comply with the very same Government. priations Committee has reported a employment and labor laws that pri- Mr. President, I expect an amend- bill in which we have held funding at or vate businesses must comply with. ment to be offered that restores fund- below the previous year’s levels—in And, just like businesses all around the ing for the Office of Technology Assess- fact, this year the committee-reported country, there is a cost to compliance. ment. I know that there are Members bill is over $200 million below the level This bill includes $2.5 million appro- who feel strongly about this issue and enacted for fiscal year 1995. priation for the establishment of the we will debate the merits should it be The chairman has provided in his re- new Office of Compliance. This is a new offered. I must point out to the Mem- marks a detailed explanation of all of joint item with the House. Each Mem- bers of the Senate that the Senate the recommendations contained in the ber should be aware that the costs as- budget resolution specifies the elimi- committee-reported bill. Without re- sociated with the Congressional Ac- nation of OTA, and quite frankly, the peating those details, I would simply countability Act will require future in- services and information that OTA pro- direct all members to a summary table creases in expenditures. The com- vides can be obtained from a great va- on pages 65 and 66 of the committee re- mittee has included report language riety of sources that do not require a port for the two titles of the bill. For that directs the offices of the Senate to $21 million dollars expenditure. title I, congressional operations, the make regular reports to the committee Mr. President, while this bill accom- committee recommends a total of a lit- regarding issues of compliance and as- plishes our stated goal of reducing Con- tle over $1.5 billion. That is a reduction sociated costs. gressional spending by $200 million, of $126 million below the fiscal year As to the major support agencies of much more needs to be done in the 1995 appropriated level and $275 million Congress: the Library of Congress has coming year. While the office of the below the total budget estimates for level funding compared to fiscal year Architect of the Capitol is reduced by fiscal year 1996 for congressional oper- 1995, with the exception of $3 million 10 percent in title I of this bill, the ations. Title II of the bill, as shown on increase for the National Digital Li- Congress will undertake a much more page 66 of the report, provides funding brary Program. I want to commend the thorough review of its structure and for other agencies for which the com- Librarian of Congress, Dr. James organization by way of a Joint House- mittee recommends a total of $686 mil- Billington, for his efforts in strength- Senate Leadership Taskforce. The lion. In total, as is depicted in the sum- ening the Library and the services it taskforce will, with the assistance of mary table, the bill as reported by the provides to the Nation. The digital li- the Architect of the Capitol, identify full committee provides $2.1 billion, a brary effort is one of several forward services and operations that could be reduction of just over $200 million thinking programs initiated by the Li- more cost efficiently performed by out- below the fiscal year 1995 enacted bill brary of Congress which will insure the side contractors. and a reduction of $427 million below Library’s position as one of our leading The committee report also directs the budget estimates for fiscal year institutions. the Government Printing Office to ini- 1996. We have included a $2.6 million in- tiate a study to analyze the structure There are a number of differences be- crease for the Congressional Budget Of- and services of the Superintendent of tween the House-passed bill and the fice so that it may perform studies Documents and the Federal Depository committee’s recommendations, several

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10349 of which I would now like to address. have recommended reductions in keep- of unethical behavior. In point of fact, First, for the Architect of the Capitol, ing with our overall efforts to reduce the Congress has gone even further, as the House bill did not fund the oper- Federal spending. I say, by adopting legislation that I ations of the Flag Office. The Senate Mr. BYRD. Mr. President, are there sponsored to increase the salaries of Appropriations Committee chose, in- committee amendments? Members of Congress, but also to pro- stead, to continue that office but with The PRESIDING OFFICER. The hibit the acceptance of honoraria, pro- the cost of this operation fully covered Chair advises the Senator from West hibit it entirely. That was my amend- by the prices charged to the public for Virginia that they have been adopted ment. en bloc. the flags themselves. Many members of the press, however, For certain security functions of the Mr. BYRD. The bill, as amended, is have adopted the position that, as pri- Architect of the Capitol, the House bill open to amendment? vate citizens, they should not be sub- recommended the transfer of staff from The PRESIDING OFFICER. That is ject to this type of scrutiny. Though the Architect of the Capitol to the Cap- correct. itol Police. The Senate committee-re- Mr. BYRD. Mr. President, I shall they are not elected officials, neverthe- ported bill disagrees with that rec- offer an amendment. less, in reality they do retain a great ommendation and has left that secu- Mr. President on previous occasions, deal of influence, massive influence rity function within the Office of the I have come to the Senate floor to within the political process. It is sin- Architect. speak on the matter of honoraria and gularly the media’s decision as to The committee-reported bill does not outside income earned by the media. which topics of information are note- agree with the House recommendation While no overall disclosure policy ex- worthy and, as such, which topics that the Botanic Garden be transferred ists within the communications indus- should be reported on. As purveyors of to the Department of Agriculture. In try, there does seem to be more scru- the news, the press have enormous addition, the House provided $7 million tiny being paid to the practice of the power, enormous power to persuade— for the renovation of the Conservatory press in accepting speaking fees. far greater, in fact, than does any sin- and capped the total project at $21 mil- It is an issue of increasing concern to gle politician, or group of politicians. lion. The Senate committee-reported me, and one that I believe deserves Edmund Burke recognized this when bill has deleted all funding for that closer attention. I suspect that most he referred to the fourth estate as hav- purpose. journalists would agree that they have ing more power than any of the other Finally, Mr. President, for the Office a unique and often unequaled influence estates. of Technology Assessment (OTA), the on the American public. There is no House-passed bill included a floor match—none—no match for the lever- It is this very power, unchecked and amendment which provided for the con- age the media have over the public dis- freewheeling, that journalists can no tinuation of the functions of the OTA semination of information. In order to longer ignore and brush aside. There is within the Congressional Research stay attuned with current events, we as much need for the press to be made Service at a level of $15 million. H.R. all must rely on the press’ interpreta- accountable to the public as there is 1854, as reported by the Senate Appro- tion of each day’s occurrences. for elected officials to be made ac- priations Committee, includes a total Some members of the press take the countable to the public. To resist pub- of just over $6 million for the OTA. position that, as private citizens, they lic disclosure—that is all I am asking, This amount will allow for the orderly have no obligation—none—to disclose just disclose outside earned income—to completion and distribution of approxi- information to the public regarding the resist public disclosure as a matter of mately 30 reports which the OTA is acceptance of outside income. Al- principle is unwise. Principle, however, currently undertaking and a maximum though I can appreciate that line of is on the other side of the issue. of 17 employees is provided for closing thinking, it represents a defensive posi- We all know that nothing gives a the Office. In addition, from within the tion that has little basis in reality. greater feeling of credibility than the amount appropriated for fiscal year From my point of view, the members of willingness to show that there is noth- 1996, $150,000 is recommended to remain the media need to adopt a position re- ing to hide. Lay it out. I have urged available until September 30, 1997, to garding such income, a position that the members of the press to recognize provide for unemployment claims that reflects some common sense. Of course, their extraordinary position in our sys- may arise. in a perfect world, all of us who affect tem of Government, and to face the in- I would note, however, that during public policy, either through the elec- herent responsibility that comes with the committee markup of the bill, an tive process or through the interpreta- that position. I believe it is time for amendment offered by the distin- tion of that process, want to be the communications industry as a guished Senator from South Carolina, thought of as being above reproach. We whole to take the bull by the horns and Senator HOLLINGS, which I supported, all want our work to be seen as bene- develop its own standards. That is would have provided $15 million for the fiting the common good and, as a re- what I would like to see happen; the OTA—the cost of which was offset by a sult, we do not expect our motives to communications industry should de- 1.08-percent reduction of the salaries be challenged. Unfortunately, human velop its own standards with respect to and expenses of certain of the congres- nature has to be factored into the disclosure of outside earned income. sional support agencies. That amend- equation. There is no doubt that the Journalists should forgo the narrow de- ment was defeated by a rollcall vote of American people have a negative opin- fense of their individual freedoms and 11–13. ion of elected officials and a negative face up to the broader obligation of opinion of the press. Some of that atti- I believe that the OTA provides a val- trust which they bear in our political tude is well founded. Let us be honest, uable service for the Congress on a bi- process. partisan basis and I will have more to there are members of both of these pro- say during this debate about the OTA fessions who have behaved unethically I am offering an amendment, Mr. in support of an amendment which I in the past and thus have tainted all of President, and it is a sense-of-the-Sen- anticipate may be offered to overturn us. There is no avoiding this fact, and ate amendment—today—regarding the the committee’s recommendation. to pretend otherwise is not only unre- disclosure of outside income earned by In conclusion, I again compliment alistic but it is also disingenuous. accredited members of the Senate press the very able chairman of the sub- In response to the public’s criticism, corps. I am not talking about salaries. committee, Senator MACK. I have Members of Congress adopted disclo- This does not infringe on anybody’s learned a lot during my first year as sure rules that prohibit their accept- constitutional rights. It does not in- ranking member of this subcommittee, ance of honoraria. I led the fight. This fringe upon the freedom of the press, as and I am pleased that we have been action was seen by some politicians at set forth in the American Bill of able to do our share in carefully exam- the time as an overreaction to criti- Rights. There is nothing in that Bill of ining the expenditures of the legisla- cism and an unnecessary effort, but the Rights that says you should not have tive branch to ensure that they are prevailing attitude was to let the sun- an accounting to the public of some cost-effective and, where possible, we shine in and take away the appearance things.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10350 CONGRESSIONAL RECORD — SENATE July 20, 1995 This amendment is intended to pro- rate Senate resolution that would, (1) the Senate Press Gallery; vide a ‘‘truth in reporting require- hopefully, lead to the establishment of (2) the Senate Radio and Television Cor- ment’’ for the media that cover this in- disclosure rules starting with the 104th respondents Gallery; stitution, this Senate. I repeat that I Congress and set into place rules for a (3) the Senate Periodical Press Gallery; and have grown increasingly concerned yearly filing by reporters who seek (4) the Senate Press Photographers Gal- with the communication industry’s in- credentialing with the Senate Press lery. Gallery. ability or unwillingness to adopt eth- AMENDMENT NO. 1802 ical standards that properly reflect I am not attempting to have any impact upon the House and its rules or (Purpose: To express the sense of the Senate their role in our system of Govern- that the Senate should consider a resolu- ment. In this day of instant access, the regulations. But I would anticipate tion requiring each accredited member of media’s leverage over the dissemina- that the Rules Committee in the Sen- the Senate Press Gallery to file an annual tion of information is unequaled. Their ate would then hold hearings to ensure public report with the Secretary of the power of persuasion goes well beyond a complete airing of all views on the Senate disclosing the member’s primary the newspaper headlines or the nightly subject. Come one, come all. Let us employer and any additional sources and news report or the radio talk show. The hear what you have to say. Let us work amounts of earned outside income) members of the media, as the pur- together. Mr. BYRD. Mr. President, I send my veyors of our daily news, singularly de- This is not an attempt to sandbag the amendment to the desk and ask for its cide which items are newsworthy and, press or to prevent their input or to in- immediate consideration. as such, which items deserve the atten- fluence their input. The point of this The PRESIDING OFFICER. The tion of the public. amendment is to show that it is time clerk will report. Today’s press, as I have said already, for the media to be accountable. I The legislative clerk read as follows: have enormous power, enormous power. would prefer that they would volun- The Senator from West Virginia [Mr. There is nothing like it anywhere in tarily take the steps to make them- BYRD] proposes an amendment numbered the world. And it is time that they ac- selves accountable. I hope they will do 1802. knowledge the responsibility that that. But right now—today—their Mr. BYRD. Mr. President, I ask unan- comes with that power. Coupled with sphere of influence is unfettered and imous consent that reading of the that fact is the American people’s in- unequal. amendment be dispensed with. For the press to simply resist public creasing cynicism of Washington. At a The PRESIDING OFFICER. Without disclosure on a matter of principle is time when the public’s distrust of objection, it is so ordered. unwise, and it is unacceptable. I be- Members of Congress and the public’s The amendment is as follows: lieve that the entire industry must re- distrust of journalists is at an all-time alize its full responsibility—its full re- At the appropriate place in the bill, insert high, I believe it is important to take the following: sponsibility—to its viewers, to its read- the necessary steps to instill con- SEC. . (a) It is the sense of the Senate that ers, and to its listeners. fidence in the process of Government. the Senate should consider a resolution in In light of that, this amendment is a the 104th Congress, 1st Session, that requires Over the years, the press have been ex- beginning in the effort to address at ceedingly critical—and rightly so—of an accredited member of any of the Senate the very least the perception of a press galleries to file an annual public report particular elected officials who have media double standard. The media were with the Secretary of the Senate disclosing abused their positions. right in saying that we elected officials the identity of the primary employer of the In 1991, in an effort to address the ap- ought to be accountable to the public, member and of any additional sources of pearance of impropriety, the Congress that we ought to disclose how much earned outside income received by the mem- passed legislation installing disclosure this group pays us for an appearance, ber, together with the amounts received requirements that prohibit any Mem- from each such source. or how much this group pays us for (b) For purposes of this section, the term ber from accepting compensation from having a cup of coffee downtown at outside groups. That was a positive ‘‘Senate press galleries’’ means— some club. We ought to disclose how (1) the Senate Press Gallery; step. Though there was resistance to much this or that group pays us for a (2) the Senate Radio and Television Cor- this prohibition, the prevailing atti- 10-minute speech or for a 30-minute respondents Gallery; tude was, as I said earlier, to let a lit- speech. Lay it out. (3) the Senate Periodical Press Gallery; tle sunshine work its way into the My amendment went further. At first and Chamber and to take away the appear- we disclose it. And then my amend- (4) the Senate Press Photographers Gal- ance of unethical behavior. ment said we will eliminate entirely lery. Recently, there have been reports of the acceptance of honoraria for our- Mr. BYRD. Mr. President, I ask unan- journalists receiving thousands of dol- selves and on the part of our staffs. I imous consent to have printed in the lars in speaking fees, thousands of dol- am not saying the same with respect to RECORD certain published articles per- lars in speaking fees from the very the press. I am not saying they should tinent to my remarks. groups that they are covering. Despite eliminate it. I am simply saying they The first is entitled ‘‘Fee Speech,’’ by this apparent conflict, some members— should disclose it. Let the sunshine in. Ken Auletta, from the September 12, not all, but some members—of the Let their colleagues, let their cowork- 1994, New Yorker; the second, ‘‘Take press take the position that, as a pri- ers know. Let everybody know. Let the the Money and Talk,’’ by Alicia C. vate citizen they have no obligation— public know. Shepard, which appeared in American no obligation—to disclose information It is time for journalists to forgo, as Journalism Review; and ‘‘Where the regarding their acceptance of outside I say, the narrow defense of their indi- Sun Doesn’t Shine,’’ by Jamie Stiehm, earned income. They say, ‘‘That is no- vidual freedoms to face up to the which appeared in the May/June 1995 body else’s business. I am a private cit- broader obligations of trust in our po- issue of the Columbia Journalism Re- izen. The public has no business in litical process. view. knowing what I take in speaking fees.’’ Mr. President, this is what the There being no objection, the mate- The impetus for my amendment is amendment says: rial was ordered to be printed in the neither an attempt to hamper the me- It is the sense of the Senate that the Sen- RECORD, as follows: dia’s ability to do their job nor is it an ate should consider a resolution in the 104th [From the New Yorker magazine, Sept. 12, effort to infringe in any way upon their Congress, 1st Session, that requires an ac- 1994] first amendment rights. Instead, the credited member of any of the Senate press FEE SPEECH goal of the amendment is simply to galleries to file an annual public report with (By Ken Auletta) apply a level of credibility to the press the Secretary of the Senate disclosing the that reflects the importance of their identity of the primary employer of the The initial hint of anger from twenty-five member and of any additional sources of or so members of the House Democratic lead- profession. ership came on an hour-and-a-quarter-long It is my hope that there can be con- earned outside income received by the member, together with the amounts received bus ride from Washington to Airlie House, in sensus in the Senate in requiring the from each such source. rural Virginia, one morning last January. media to disclose their earned outside (b) For purposes of this section, the term They had been asked by the Majority Leader, income. And I intend to offer a sepa- ‘‘Senate press galleries’’ means— Richard A. Gephardt, of Missouri, to attend

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10351 a two-day retreat for the Democratic Mes- The press panel went on for nearly three ABC News were reconsidering their relaxed sage Group, and as the bus rolled southwest hours, long past the designated cocktail hour policy. the convivial smiles faded. The members of of six. The congressmen directed their anger Indeed, one of Donaldson’s bosses—Paul the group began to complain that their mes- at both Brian Lamb, the C–SPAN chairman, Friedman, the executive vice-president for sage was getting strangled, and they blamed and me—we were the two press representa- news—told me he agreed with the notion the media. By that afternoon, when the tives on the panel—and cited a number of in- that on-air correspondents are not private Democrats gathered for the first of five pan- stances of what they considered reportorial citizens. ‘‘People like Sam have influence els composed of both partisans and what abuse. The question that recurred most often that far exceeds that of individual congress- were advertised as ‘‘guest analysts, not par- was this: Why won’t journalists disclose the men,’’ Friedman said, echoing Representa- tisan advisers,’’ the complaints were growing income they receive from those with special tive Obey’s point. ‘‘We always worry that louder. The most prominent Democrats in interests? lobbyists get special ‘access’ to members of the House—Gephardt; the Majority Whip, It is a fair question to ask journalists, who government. We should also worry that the David E. Bonior, of Michigan; the current often act as judges of others’ character. Over public might get the idea that special-inter- Appropriations Committee chairman, David the summer, I asked it of more than fifty est groups are paying for special ‘access’ to R. Obey, of Wisconsin; the Democratic Con- prominent media people, or perhaps a fifth of correspondents who talk to millions of gressional Campaign chairman, Vic Fazio, of what can fairly be called the media elite— Americans.’’ California; Rosa L. DeLauro, of Connecticut, those journalists who, largely on account of Unlike Donaldson, who does not duck ques- who is a friend of President Clinton’s; and television appearances, have a kind of fame tions, some commentators chose to say noth- about twenty others—expressed a common similar to that of actors. Not surprisingly, grievance: public figures are victims of a most responded to the question at least as ing about their lecturing. The syndicated powerful and cynical press corps. A few com- defensively as any politician would. Some of columnist George Will, who appears weekly plained of what they saw as the ethical ob- them had raised an eyebrow when President as a commentator on the Brinkley show, said tuseness of Sam Donaldson, of ABC, angrily Clinton said he couldn’t recall ten- or fif- through an assistant, ‘‘We are just in the noting that, just four days earlier, ‘‘Prime teen-year-old details about Whitewater. Yet middle of book production here. Mr. Will is Time Live,’’ the program that Donaldson co- many of those I spoke to could not remember not talking much to anyone.’’ Will is paid anchors, had attacked the Independent In- where they had given a speech just months twelve thousand five hundred dollars a surance Agents of America for treating con- ago. And many of them, while they were un- speech, Alicia C. Shepard reports in a superb gressional staff people to a Key West junket. equivocal in their commentary on public fig- article in the May issue of the American Yet several months earlier the same insur- ures and public issues, seemed eager to dwell Journalism Review. ance group had paid Donaldson a thirty- on the complexities and nuances of their own ABC’s Cokie Roberts, who, according to an thousand-dollar lecture fee. outside speaking. ABC official, earns between five and six hun- By four-thirty, when the third panel, os- Sam Donaldson, whose annual earnings at dred thousand dollars annually as a Wash- tensibly devoted to the changing role of the ABC are about two million dollars, was ington correspondent and is a regular com- media, was set to begin, the Democrats could forthcoming about his paid speeches: in mentator on the Brinkley show in addition no longer contain their rage, lumping the June, he said that he had given three paid to her duties on National Public Radio, also press into a single, stereotypical category— speeches so far this year and had two more seems to have a third job, as a paid speaker. you—the same way they complained that the scheduled. He would not confirm a report Among ABC correspondents who regularly press lumped together all members of Con- that he gets a lecture fee of as much as thir- moonlight as speakers, Roberts ranks No. 1. gress. ty thousand dollars. On being asked to iden- A person who is in a position to know esti- They kept returning to Donaldson’s lec- tify the three groups he had spoken to, Don- mates that she earned more than three hun- ture fees and his public defense that it was aldson—who on the March 27th edition of the dred thousand dollars for speaking appear- ethically acceptable for him to receive fees Sunday-morning show ‘‘This Week with ances in 1993. Last winter, a couple of weeks because he was a private citizen, not an David Brinkley’’ had ridiculed President after the Donaldson-‘‘Prime Time’’ incident, elected official. The Airlie House meeting Clinton for not remembering that he had she asked the Group Health Association of was off the record, but in a later interview once lent twenty thousand dollars to his America, before whom she was to speak in Representative Obey recalled having said of mother—said he couldn’t remember. Then he mid-February, to donate her reported twen- journalists. ‘‘What I find most offensive late- took a minute to call up the information ty-thousand-dollar fee to charity. Roberts ly is that we get the sanctimonious-Sam de- from his computer. He said that he had spo- did not return three phone calls—which sug- fense: ‘We’re different because we don’t write ken at an I.B.M. convention in Palm Springs, gests that she expects an openness from the the laws.’ Well, they have a hell of a lot to a group of public-information officers, and Clinton Administration that she rejects for more power than I do to affect the laws writ- to the National Association of Retail Drug- herself. On that March 27th Brinkley show, ten.’’ gists. ‘‘If I hadn’t consulted my computer- she described the Administration’s behavior Representative Robert G. Torricelli, of ized date book, I couldn’t have told you that concerning Whitewater this way: ‘‘All of this New Jersey, recalled have said, ‘‘What star- I spoke to the National Association of Retail now starts to look like they are covering tles many people is to hear television com- Druggists,’’ he said. ‘‘I don’t remember these something up.’’ mentators make paid speeches to interest things.’’ Brit Hume, the senior ABC White House groups and then see them on television com- What would Donaldson say to members of correspondent, earns about what Roberts menting on those issues. It’s kind of a direct Congress who suggest that, like them, he is does, and is said to trail only Roberts and conflict of interest. If it happened in govern- not strictly a private individual and should Donaldson at ABC in lecture earnings. This ment, it would not be permitted.’’ Torricelli, make full disclosure of his income from could not be confirmed by Hume, for he did who has been criticized for realizing a sixty- groups that seek to influence legislation? not return calls. nine-thousand-dollar profit on a New Jersey ‘‘First, I don’t make laws that govern an At CNN, the principal anchor, Bernard savings-and-loan after its chairman advised industry,’’ he said. ‘‘Second, people hire me Shaw, also declined to be interviewed, and so him to make a timely investment in its because they think of me as a celebrity; they did three of the loudest critics of Congress stock, says he doesn’t understand why jour- believe their members or the people in the and the Clinton Administration; the conserv- nalists don’t receive the same scrutiny that audience will be impressed.’’ He went on, ative commentator John McLaughlin, who people in Congress do. Torricelli brought up ‘‘Can you say the same thing about a mem- now takes his ‘‘McLaughlin Group’’ on the an idea that had been discussed at the re- ber of Congress who doesn’t even speak—who road to do a rump version of the show live, treat and that he wanted to explore: federal is hired, in a sense, to go down and play ten- often before business groups; and the alter- regulations requiring members of the press nis? What is the motive of the group that nating conservative co-hosts of ‘‘Crossfire,’’ to disclose outside income—and most par- pays for that?’’ He paused and then answered Pat Buchanan and John Sununu. ticularly television journalists whose sta- his own question: ‘‘Their motive, whether David Brinkley did respond to questions, tions are licensed by the government. He they are subtle about it or not, is to make but not about his speaking income. Like said that he would like to see congressional friends with you because they hope that you Donaldson and others, he rejected the notion hearings on the matter, and added. ‘‘You’d will be a friend of theirs when it comes time that he was a public figure. Asked what he get the votes if you did the hearings. I pre- to decide about millions of dollars. Their would say to the question posed by members dict that in the next couple of Congresses motive in inviting me is not to make friends of Congress at the retreat, Brinkley replied, you’ll get the hearings.’’ with me.’’ Gephardt is dubious about the legality of Would he concede that there might be at ‘‘It’s a specious argument. We are private compelling press disclosure of outside in- least an appearance of conflict when he citizens. We work in the private market- come, but one thing he is sure about is the takes money from groups with a stake in, place. They do not.’’ anger against the media which is rising with- say, health issues? And if a member of Congress asked about in Congress. ‘‘Most of us work for more than Donaldson said, ‘‘At some point, the issue his speaking fee, which is reported to be money,’’ he told me. ‘‘We work for self- is: What is the evidence? I believe it’s not eighteen thousand dollars? image. And Congress’s self-image has suf- the appearance of impropriety that’s the ‘‘I would tell him it’s none of his busi- fered, because, members think, journalistic problem. It’s impropriety.’’ Still, Donaldson ness,’’ Brinkley said. ‘‘I don’t feel that I have ethics and standards are not as good as they did concede that he was rethinking his posi- the right to ask him everything he does in used to be.’’ tion; and he was aware that his bosses at his private life.’’

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10352 CONGRESSIONAL RECORD — SENATE July 20, 1995 The syndicated columnist and television umnists have fewer constraints on their ‘‘I cover cable, but I cover it for ABC, which regular Robert Novak, who speaks more fre- speechmaking than so-called objective re- is sometimes in conflict with that industry,’’ quently than Brinkley, also considers him- porters, since columnists freely expose their he said. Could he accept money to write a self a private citizen when it comes to the opinions. magazine piece or a book when he might one matter of income disclosure. ‘‘I’m not going Gloria Borger, a U.S. News & World Report day report on the magazine publisher or the to tell you how many speeches I do and what columnist and frequent ‘‘Washington Week book industry? He is uneasy with the dis- my fee is,’’ he said politely. Novak, who has in Review’’ panelist, discloses her income tinction that newspapers like the Wall been writing a syndicated column for thirty- from speeches, but only to her employer. Street Journal or the Washington Post one years, is highly visible each weekend on Borger said she gave one or two paid speech- make, which is to prohibit daily reporters CNN as the co-host of the ‘‘Evans & Novak’’ es a month, but she wouldn’t reveal her fee. from giving paid speeches to corporations or interview program and as a regular on ‘‘The ‘‘I’m not an elected official,’’ she said. trade associations that lobby Congress and Capital Gang.’’ Like Borger, Wolf Blitzer, CNN’s senior have agendas, yet allow paid college speech- What would Novak say to a member of White House correspondent, said that he told es. (Even universities have legislative agen- Congress who maintained that he was a his news organization about any speeches he das, Greenfield noted.) In trying to escape quasi-public figure and should be willing to made. How many speeches did he make in this ethical maze, Greenfield concluded, ‘‘I disclose his income from speeches? the last year? finally decided that I can’t figure out every- ‘‘I’m a totally private person,’’ he said. ‘‘I would guess four or five,’’ he said, and thing that constitutes a conflict.’’ ‘‘Anyone who doesn’t like me doesn’t have to repeated that each one was cleared through Eleanor Clift, of Newsweek, who is cast as read me. These people, in exchange for his bureau chief. the beleaguered liberal on ‘‘The McLaughlin power—I have none—they have sacrificed What would Blitzer say to a member of Group,’’ said that she made between six and privacy.’’ Congress who asked how much he made eight appearances a year with the group. Her In fact, Novak does seem to view his pri- speaking and from which groups? fee for a speech on the West Coast was five vacy as less than total; he won’t accept fees ‘‘I would tell him ‘None of your business,’’’ thousand dollars, she said, but she would ac- from partisan political groups, and, as a fre- Blitzer said. cept less to appear in Washington. She would quent critic of the Israeli government, he Two other network chief White House cor- not disclose her outside speaking income, will not take fees from Arab-American respondents NBC’s Andrea Mitchell and and said that if a member of Congress were groups, for fear of creating an appearance of CBS’s Rira Braver—also do little speaking. to ask she would say, ‘‘I do disclose. I dis- a conflict of interest. Unlike most private ‘‘I make few speeches,’’ Mitchell said. close to the people I work for. I don’t work citizens, Novak, and most other journalists, ‘‘Maybe ten a year. Maybe six or seven a for the taxpayers.’’ will not sign petitions, or donate money to year. I’m very careful about not speaking to Christopher Matthews, a nationally syn- political candidates, or join protest marches. groups that involve issues I cover.’’ She dedicated columnist and Washington bureau Colleagues have criticized Novak and Row- clined to say how much she earned. For chief of the San Francisco Examiner, who is land Evans for organizing twice-a-year fo- Braver, the issue was moot. I don’t think I a political commentator for ‘‘Good Morning rums—as they have since 1971—to which they did any,’’ she said, referring to paid speeches America’’ and co-host of a nightly program invite between seventy five and a hundred in the past year. on America’s Talking, a new, NBC-owned and twenty-five subscribers to their news- ABC’s ‘‘Prime Time Live’’ correspondent cable network, told me last June that he letter, many of whom are business and finan- Chris Wallace, who has done several inves- gave between forty and fifty speeches a year. cial analysts. Those attending pay hundreds tigative pieces on corporate-sponsored con- He netted between five and six thousand dol- of dollars—Novak refuses to say how much— gressional junkets, said he made four or five lars a speech, he said, or between two and for the privilege of listening to public offi- paid speeches last year. ‘‘I don’t know ex- three hundred thousand dollars a year. Like cials speak and answer questions off the actly,’’ he said. Could he remember his fee? many others, he is represented by the Wash- record. ‘‘You talk about conflicts of inter- ‘‘I wouldn’t say,’’ he replied. ington Speakers Bureau, and he said that he est!’’ exclaimed Jack Nelson, the Los Ange- Did he speak to business groups? placed no limitations on corporate or other les Times Washington bureau chief. ‘‘It is ‘‘I’m trying to remember the specific groups he would appear before. ‘‘To be hon- wrong to have government officials come to groups,’’ he said, and then went on. ‘‘One was est, I don’t spend a lot of time thinking speak to businesses and you make money off the Business Council of Canada. Yes, I do about it,’’ he said. ‘‘I give the same speech.’’ of it.’’ speak to business groups.’’ Mark Shields, who writes a syndicated col- So what is the difference between Chris David S. Broder, of the Washington Post, umn and is the moderator of ‘‘The Capital Wallace and members of Congress who ac- who has a contract to appear regularly on Gang’’ and a regular commentator on ‘‘The cept paid junkets? CNN and on NBC’s ‘‘Meet the Press,’’ said MacNeil/Lehrer NewsHour,’’ is a busy paid ‘‘I’m a private citizen,’’ he said, ‘‘I have no that he averaged between twelve and twenty- lecturer. Asked how much he earned from control over public funds, I don’t make pub- four paid speeches a year, mostly to colleges, speeches last year, he said, ‘‘I haven’t even lic policy.’’ and that the speeches are cleared with his totalled it up.’’ Shields said he probably Why did Wallace think that he was invited editors at the Post. He did not discuss his gives one paid speech a week, adding, ‘‘I to speak before business groups? fee, but Howard Kurtz, the Post’s media re- don’t want, for personal reasons, to get into ‘‘They book me because they feel somehow porter, said in his recent book ‘‘Media Cir- specifics.’’ that it adds a little excitement or luster to cus’’ that Broder makes up to seventy-five Michael Kinsley, who is the liberal co-host their event,’’ he said. He has been giving hundred dollars a speech. Broder said he of ‘‘Crossfire,’’ an essayist for The New Re- speeches since 1980, he said, and ‘‘never once would support an idea advanced by Albert R. public and Time, and a contributor to The has any group called me afterward and asked Hunt,the Wall Street Journal’s Washington New Yorker, is also reluctant to be specific. me any favor in coverage.’’ editor, to require disclosure as a condition of ‘‘I’m in the worst of all possible positions,’’ But isn’t that what public officials usually receiving a congressional press card. To re- he said. ‘‘I do only a little of it. But I can’t say when Wallace corners them about a jun- ceive a press card now, David Holmes, the su- claim to be a virgin.’’ Kinsley said he ap- ket? perintendent of the House Press Gallery, told peared about once every two months, but he Those who underwrite congressional jun- me, journalists are called upon to disclose wouldn’t say what groups he spoke to or how kets are seeking ‘‘access’’ and ‘‘influence,’’ only if they receive more than five per cent much he was paid. ‘‘I’m going to do a bit he said, but the people who hire him to make of their income from a single lobbying orga- more,’’ he said. ‘‘I do staged debates—mini a speech are seeking ‘‘entertainment.’’ When nization. Hunt said he would like to see the ‘Crossfire’s’—before business groups. If ev- I mentioned Wallace’s remarks to Norman four committees that oversee the issuing of eryone disclosed, I would.’’ Pearlstine, the former executive editor of congressional press cards—made up of five to The New Republic’s White House cor- the Wall Street Journal, he said, ‘‘By that seven journalists each—require full disclo- respondent, Fred Barnes, who is a regular on argument, we ought not to distinguish be- sure of any income from groups that lobby ‘‘The McLaughlin Group’’ and appears on tween news and entertainment, and we ought Congress. He said he was aware of the bitter ‘‘CBS This Morning’’ as a political commen- to merge news into entertainment.’’ battle that was waged in 1988, when one com- tator, speaks more often than Kinsley, giv- ABC’s political and media analyst Jeff mittee issued new application forms for ing thirty or forty paid speeches a year, he Greenfield makes a ‘‘rough guess’’ that he press passes which included space for de- said, including the ‘‘McLaughlin’’ road show. gives fifteen paid speeches a year, many in tailed disclosure of outside income. Irate re- How would Barnes respond to the question the form of panels he moderates before var- porters demanded that the application form posed by members of Congress? ious media groups—cable conventions, news- be rescinded, and it was. Today, the Journal, ‘‘They’re elected officials,’’ he said. ‘‘I’m paper or magazine groups, broadcasting and along with the Washington Post, is among not an elected official. I’m not in govern- marketing associations—that are concerned the publications with the strictest prohibi- ment. I don’t deal with taxpayers’ money.’’ with subjects he regularly covers. ‘‘It’s like tions on paid speeches. Most journalistic or- Barnes’s ‘‘McLaughlin’’ colleague Morton ‘Nightline,’ but it’s not on the air,’’ he said. ganizations forbid reporters to accept money M. Kondracke is the executive editor of Roll He would not divulge his fee, or how much he or invest in the stocks of the industries they Call, which covers Congress. Kondracke said earned in the past twelve months from cover. But the Journal and the Post have that he gave about thirty-six paid speeches speeches. rules against reporters’ accepting fees from annually, but he would not identify the spon- Greenfield argued that nearly everything any groups that lobby Congress or from any sors or disclose his fee. He believes that col- he did could be deemed a potential conflict. for-profit groups.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10353 Hunt, who has television contracts with charity. ‘‘We don’t need the money,’’ Brokaw longer accept fees to speak to corporate ‘‘The Capital Gang’’ and ‘‘Meet the Press,’’ said. ‘‘And we thought it created an appear- groups or trade associations that directly said that he averaged three or four speeches ance of conflict.’’ Others who do not accept lobby the government. The New Yorker, ac- a year, mostly to colleges and civic groups, fees for speaking are Ted Koppel, of ABC’s cording to its executive editor, Hendrik and never to corporations or groups that di- ‘‘Nightline’’; Jim Lehrer, of ‘‘The MacNeil/ Hertzberg, is in the process of reviewing its rectly petition Congress, and that he re- Lehrer News Hour’’; Bob Schieffer, CBS’ policies. ceived five thousand dollars for most speech- chief Washington correspondent and the host Those who frequently lecture make a solid es. of ‘‘Face the Nation’’; and C-SPAN’s Brian point when they say that lecture fees don’t William Safire, the Times columnist, who is Lamb. buy favorable coverage. But corruption can a regular on ‘‘Meet the Press,’’ was willing ABC’s senior Washington correspondent, take subtler forms than the quid pro quo, to disclose his lecture income. ‘‘I do about James Wooten, explained how, in the mid- and the fact that journalists see themselves fifteen speeches a year for twenty thousand eighties, he decided to change his ways after as selling entertainment rather than influ- dollars a crack,’’ he said. ‘‘A little more for a last lucrative weekend: ‘‘I had a good agent ence does not wipe the moral slate clean. overseas and Hawaii.’’ Where Safire parts and I got a day off on Friday and flew out The real corruption of ‘‘fee speech,’’ perhaps, company with Hunt is that he sees nothing Thursday after the news and did North- is not that journalists will do favors for the wrong with accepting fees from corporations. western University Thursday night for six associations and businesses that pay them He said that in recent months he had spoken thousand dollars. Then I got a rental car and speaking fees but that the nexus of tele- to A.T. & T., the Pharmaceutical Research drove to Milwaukee, and in midmorning I did vision and speaking fees creates what Rep- and Manufacturers of America, and Jewish Marquette for five or six thousand dollars. In resentative Obey called ‘‘an incentive to be organizations. Safire said that because he is the afternoon, I went to the University of even more flamboyant’’ on TV—and, to a a columnist his opinions are advertised, not Chicago, to a small symposium, for which I lesser extent, on the printed page. The tele- hidden. ‘‘I believe firmly in Samuel John- got twenty-five hundred to three thousand vision talk shows value vividness, pithiness, son’s dictum ‘No man but a blockhead ever dollars. Then I got on a plane Friday night and predictability. They prefer their panel- wrote except for money,’’’ he went on. ‘‘I and came home. I had made fifteen thousand ists reliably pro or con, ‘‘liberal’’ or ‘‘con- charge for my lectures. I charge for my dollars, paid the agent three thousand, and servative,’’ Too much quirkiness can make a books. I charge when I go on television. I feel had maybe two thousand in expenses. So I show unbalanced; too much complexity can no compunction about it. It fits nicely into made about ten thousand dollars for thirty- make it dull. Time’s Margaret Carlson told my conservative, capitalist—with a capital six hours. I didn’t have a set speech, I just me, not entirely in jest, ‘‘I was a much more ‘C’—philosophy.’’ talked off the top of my head.’’ But his con- thoughtful person before I went on TV. But Tim Russert, the host of ‘‘Meet the Press,’’ science told him it was wrong. ‘‘It’s easy I was offered speeches only after I went on said that he had given ‘‘a handful’’ of paid money,’’ Wooten said. TV.’’ Her Time colleague the columnist speeches in the past year, including some to As for me, The New Yorker paid my travel Hugh Sidey said that when he stopped ap- expenses to and from the congressional re- for-profit groups. He said that he had no set pearing regularly on television his lecture treat. In the past twelve months, I’ve given fee, and that he was wary of arbitrary dis- income shrivelled. Obey wishes that it would two paid speeches; the first, at New York’s tinctions that say lecturing is bad but in- shrivel for the rest of the pundit class as Harmonic Club, was to make an opening come from stock dividends is fine. Russert well. An attitude of scorn often substitutes presentation and to moderate a panel on the also raised the question of journalists’ ap- for hard work or hard thought and it’s dif- battle for control of Paramount Communica- pearing on shows like ‘‘Meet the Press,’’ ficult to deny that the over-all result of this tions, for which I was paid twelve hundred which, of course, have sponsors. ‘‘Is that a dynamic is a coarsening of political dis- dollars; the second was a speech on the fu- conflict? You can drive yourself crazy on course. ture of the information superhighway at a this.’’ Celebrity journalism and the appearance of Few journalists drive themselves crazy Manhattan luncheon sponsored by the Balti- conflicts unavoidably erode journalism’s over whether to accept speaking fees from more-based investment firm of Alex, Brown claim to public trust. ‘‘My view is that the government they cover. They simply & Sons, for which my fee was seventy-five you’re going to start having character sto- don’t. But enticements do come from un- hundred dollars. I don’t accept lecture fees ries about journalists,’’ Jay Rosen, a jour- usual places. One reporter, who asked to re- from communications organizations. nalism professor at New York University and main anonymous, said that he had recently Like the public figures we cover, journal- the director of the Project on Public Life and turned down a ten-thousand dollar speaking ists would benefit from a system of checks the Press, told me recently. ‘‘It’s inevitable. fee from the Central Intelligence Agency. A and balances. Journalistic institutions, in- If I were a big-name Washington journalist, spokesman for the C.I.A., David Christian, cluding The New Yorker, too seldom have rig- I’d start getting my accounts together. I explained to me, ‘‘We have an Office of orous rules requiring journalists to check don’t think journalists are private citizens.’’ Training and Education, and from time to with an editor or an executive before agree- time we invite knowledgeable non-governing to make a paid speech; the rules at various institutions for columnists are often [From the American Journalism Review, ment experts to talk to our people as part of June 1995] our training program.’’ Does the agency pay even more permissive. Full disclosure pro- for these speeches? ‘‘Sometimes we do, and vides a disinfectant—the power of shame. A TAKE THE MONEY AND TALK sometimes we don’t,’’ he said. Asked for the few journalistic institutions, recently (By Alicia C. Shepard) names of journalists who accepted such fees, shamed, have been taking a second look at It’s speech time and the Broward County Christian said the he was sorry but ‘‘the their policies. In mid-June, ABC News issued Convention Center in Fort Lauderdale. records are scattered.’’ new rules, which specifically prohibit paid ABC News correspondent and NPR com- Time’s Washington columnist, Margaret speeches to trade associations or to any ‘‘for- mentator Cokie Roberts takes her brown Carlson, who is a regular on ‘‘The Capital profit business.’’ ABC’s ban—the same one handbag and notebook off of the ‘‘reserved’’ Gang,’’ laughed when I asked about her in- that is in place at the Wall Street Journal and table where she has been sitting, waiting to come from speeches and said, ‘‘My view is the Washington Post—prompted Roberts, speak. She steps up to the podium where she that I just got on the gravy train, so I don’t Donaldson, Brinkley, Wallace, and several is gushingly introduced and greeted with re- want it to end.’’ Carlson said she gave six other ABC correspondents to protest, and sounding applause. speeches last year, at an average of five they met in early August with senior news Framed by palm fronds, Roberts begins her thousand dollars a speech, including a panel executives. They sought a lifting of the ban, speech to 1,600 South Florida businesswomen appearance in San Francisco before the which would allow them to get permission on attending a Junior League-sponsored sem- American Medical Association (with Michael a case-by-case basis. But a ranking ABC offi- inar. Having just flown in from Washington, Kinsley, among others). She made a fair dis- cial says. ‘‘We can agree to discuss excep- D.C., Roberts breaks the news of the hours- tinction between what she did for a fee and tions but not give any. Their basic argument old arrest of a suspect in the Oklahoma City what Treasury Secretary Lloyd Bentsen is greed, for Christ’s sake!’’ Andrew Lack, bombing. She talks of suffragette Susan B. tried to do in 1987, when, as Senate Finance the president of NBC News, said that he Anthony, of how she misses the late House Committee chairman, he charged lobbyists plans to convene a meeting of his executives Speaker Tip O’Neill, of the Republican take- ten thousand dollars a head for the oppor- to shape an entirely new speaking policy. over on Capitol Hill. Then she gives her lis- tunity to join him for breakfast once a ‘‘My position is that the more we can dis- teners the inside scoop on the new members month. ‘‘We are like monkeys who get up on- courage our people from speaking for a fee, of Congress. stage,’’ Carlson said, echoing Chris Wallace. the better,’’ he said. And CBS News now stip- ‘‘They are very young,’’ says Roberts, 52. ‘‘It’s mud wrestling for an hour or an hour ulates that all speaking requests must be ‘‘I’m constantly getting it wrong, assuming and a half, and it’s over.’’ cleared with the president or the vice-presi- they are pages. They’re darling. They’re There are journalistic luminaries who dent of news. Al Vecchione, the president of wildly adept with a blow dryer and I resent make speeches but, for the sake of appear- MacNeil/Lehrer Productions, admitted in them because they call me ma’am.’’ The au- ances, do not accept fees. They include the June to having been embarrassed by the dience laughs. three network-news anchors—NBC’s Tom American Journalism Review piece. ‘‘We had After talking for an hour on ‘‘Women and Brokaw, ABC’s Peter Jennings and CBS’ Dan a loose policy,’’ he said. ‘‘I just finished re- Politics,’’ Roberts answers questions for 20 Rather—all of whom say that they don’t writing our company policy.’’ Henceforth, minutes. One woman asks the veteran cor- charge to speak or they donate their fees to those associated with the program will no respondent, who has covered Washington

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10354 CONGRESSIONAL RECORD — SENATE July 20, 1995 since 1978, when there will be a female presi- hardline policies at others—it’s not clear who have received a fee are in any way be- dent. how effective the new policies are, since no holden to anybody other than our viewers. ‘‘I think we’ll have a woman president public disclosure system is in place. Even though I do not believe anybody was when a woman is elected vice president and Some well-known journalists, columnists every swayed by a speech fee. I do believe we do in the guy,’’ Roberts quips. and ‘‘Crossfire’’ host Michael Kinsley and that it gives the wrong impression. We deal This crowd loves her. When Roberts fin- U.S. News & World Report’s Steven V. Rob- in impressions.’’ ishes, they stand clapping for several min- erts among them, scoff at the criticism. The new policy has hurt, says ABC White utes. Roberts poses for a few pictures and is They assert that it’s their right as private House correspondent Ann Compton. Almost whisked out and driven to the Miami airport citizens to offer their services for whatever a year in advance, Compton agreed to speak for her first-class flight back to Washington. the market will bear, that new policies won’t to the American Cotton Council. But this For her trouble and her time, the Junior improve credibility and that the outcry has spring, when she spoke to the trade group, League of Greater Fort Lauderdale gave been blown out of proportion. she had to turn an honorarium of ‘‘several Roberts a check for $35,000. ‘‘She’s high, very But the spectacle of journalists taking big thousand dollars’’ over to charity. Since the high,’’ says the League’s Linda Carter, who bucks for speeches has emerged as one of the policy went into effect, Compton has turned lined up the keynote speakers. The two other high-profile ethical issues in journalism down six engagements that she previously keynote speakers received around $10,000 today. would have accepted. each. ‘‘Clearly some nerve has been touched,’’ ‘‘The restrictions how have become so The organization sponsored the seminar to Warren says. ‘‘A nerve of pure, utter defen- tight, it’s closed off some groups and indus- raise money for its community projects, siveness on the part of a journalist trying to tries that I don’t feel I have a conflict with,’’ using Roberts as a draw. But shelling out rationalize taking [honoraria] for the sake of says Compton, who’s been covering the $35,000 wouldn’t have left much money for, their bank account because the money is so White House off and on since 1974. ‘‘It’s closed off, frankly, the category of organiza- say, the League’s foster care or women’s sub- alluring.’’ tions that pay the kind of fees I get.’’ She de- stance abuse programs or its efforts to in- A common route to boarding the lecture gravy train is the political talk show. Na- clines to say what those fees are. crease organ donors for transplants. And it has affect her bank account. ‘‘I’ve Instead, Roberts tab was covered by a cor- tional television exposure raises a journal- got four kids . . .’’ Compton says. ‘‘It’s cut porate sponsor. JM Family Enterprises. The ist’s profile dramatically, enhancing the off a significant portion of income for me.’’ $4.2 billion firm is an umbrella company for likelihood of receiving lucrative speaking of- Some speakers bureaus say ABC’s new pol- the largest independent American dis- fers. icy and criticism of the practice have had an tributor of Toyotas. The second-largest pri- The problem is that modulated, objective impact. vately held company in Florida, it provides analysis is not likely to make you a favorite ‘‘It has affect us, definitely,’’ says Lori Toyotas to 164 dealerships in five southern on ‘‘The Capital Gang’’ or ‘‘The McLaughlin Fish of Keppler Associates in Arlington, Vir- states and runs 20 other auto-related compa- Group.’’ Instead, reporters who strive for ob- ginia, which represents about two dozen nies. jectivity in their day jobs are often far more journalists. ‘‘More journalists are conscious But Roberts doesn’t want to talk about the opinionated in the TV slugfests. of the fact that they have to be very par- company that paid her fee. She doesn’t like Time Managing Editor James R. Gaines, ticular about which groups they accept to answer the kind of questions she asks who issued his magazine’s recent ban on ac- honoraria from. On our roster there’s been a politicians. She won’t discuss what she’s cepting honoraria, sees this as another prob- decrease of some journalists accepting en- paid, whom she speaks to, why she does it or lem for journalists’ credibility, one he plans gagements of that sort. It’s mainly because how it might affect journalism’s credibility to address in a future policy shift. ‘‘Those of media criticism.’’ when she receives more money in an hour- journalists say things we wouldn’t let them Other bureaus, such as the National Speak- and-a-half from a large corporation than say in the magazine. . . .’’ says Gaines, ers Forum and the William Morris Agency, many journalists earn in a year. whose columnist Margaret Carlson appears say they haven’t noticed a difference. ‘‘I ‘‘She feels strongly that it’s not something frequently on ‘‘The Capital Gang.’’ ‘‘It’s can’t say that the criticism has affected us,’’ that in any way shape or form should be dis- great promotion for the magazine and the says Lynn Choquette, a partner at the speak- cussed in public.’’ ABC spokeswoman Eileen magazine’s journalists. But I wonder about it ers forum. Murphy said in response to AJR’s request for when the journalists get into that adver- Compton, Donaldson and Greenfield still an interview with Roberts. sarial atmosphere where provocation is the disagree with Wald’s policy but, as they say, Roberts’ ABC colleague Jeff Greenfield, main currency.’’ he’s the boss. who also speaks for money, doesn’t think it’s Journalists have been ‘‘buckraking’’ for ‘‘I believe since all of us signed our con- a good idea to duck the issue. ‘‘I think we years, speaking to trade associations, cor- tracts with the expectation that the former ought not not talk about it.’’ he says. ‘‘I porations, charities, academic institutions ABC policy would prevail and took that into mean that’s Cokie’s right, obviously,’’ he and social groups. But what’s changed is the account when we agreed to sign our con- adds, but ‘‘if we want people to answer our amount they’re paid. In the mid-1970s, the tracts for X amount,’’ Donaldson says, ‘‘it questions, then up to a reasonable point, we fees peaked at $10,000 to $15,000, say agents was not fair to change the policy mid- should answer their questions.’’ for speakers bureaus. Today, ABC’s Sam stream.’’ Donaldson says he has had to turn The phenomenon of journalists giving Donaldson can get $30,000, ABC’s David down two speech offers. Greenfield believes the restrictions are un- speeches for staggering sums of money con- Brinkley pulls in $18,000 and the New York necessary. tinues to dog the profession. Chicago Trib- Times’ William Safire can command up to ‘‘When I go to speak to a group, the idea une Washington Bureau Chief James Warren $20,000. that it’s like renting a politician to get his has created a cottage industry criticizing When a $4.2 billion Toyota distributor pays ear is not correct,’’ he says. ‘‘We are being colleagues who speak for fat fees. Wash- $35,000 for someone like Cokie Roberts, or a asked to provide a mix of entertainment and ington Post columnist James K. Glassman trade association pays a high-profile jour- information and keep audiences in their believes the practice is the ‘‘next great nalist $10,000 or $20,000 for an hour’s work, it seats at whatever convention so they don’t American scandal.’’ Iowa Republican Sen. inevitably raises questions and forces news go home and say, ‘Jesus, what a boring two- Charles Grassley has denounced it on the executives to re-examine their policies. day whatever that was.’’’ Senate floor. That’s what happened last June at ABC. Most agree it’s the size of the honoraria A number of news organizations have Richard Wald, senior vice president of news, that is fueling debate over the issue. ‘‘If you drafted new policies to regulate the practice decided to ban paid speeches to trade asso- took a decimal point or two away, nobody since debate over the issue flared a year ago ciations and for-profit corporations—much would care,’’ Greenfield says. ‘‘A lot of us are (see ‘‘Talk is Expensive,’’ May 1994). Time to the dismay of some of ABC’s best-paid now offered what seems to many people a lot magazine is one of the latest to do so, correspondents. As at most news organiza- of money. They are entertainment-size sums issuing a flat-out ban on honoraria in April. tions, speaking to colleges and nonprofits is rather than journalistic sizes.’’ The Society for Professional Journalists, in allowed. And Wald has decided ‘‘entertainment-size the process of revising its ethics code, is When Wald’s policy was circulated to 109 sums’’ look bad for the network, which has wrestling with the divisive issue. employees at ABC, some correspondents at least a dozen correspondents listed with The eye-popping sums star journalists re- howled (see Free Press, September 1994). Pro- speakers bureaus. It’s not the speeches them- ceive for their speeches, and the possibility tests last August from Roberts, Donaldson, selves that trouble Wald. ‘‘You can speak to that they may be influenced by them, have Brinkley, Greenfield, Brit Hume and others the American Society of Travel Agents or drawn heightened attention to the practice, succeeded only in delaying implementation the Electrical Council.’’ he says, ‘‘as long as which is largely the province of a relatively of the new guidelines. Wald agreed to you don’t take money from them.’’ small roster of well-paid members of the ‘‘grandfather in’’ speeches already scheduled But are ABC officials enforcing the new media elite. Most work for the television through mid-January. After that, if a cor- policy? ‘‘My suspicion is they’re not, that networks or the national news weeklies; respondent speaks to a forbidden group, the they are chickenshit and Cokie Roberts will newspaper reporters, with less public visi- money must go to charity. do whatever the hell she wants to do and bility, aren’t asked as often. ‘‘Why did we amend it? Fees for speeches they don’t have the balls to do anything,’’ While the crescendo of criticism has re- are getting to be very large,’’ Wald says. says the Chicago Tribune’s Warren, whose sulted in an official crackdown at several ‘‘When we report on matters of national in- newspaper allows its staff to make paid news organizations—as well as talk of new terest, we do not want it to appear that folks speeches only to educational institutions.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10355 There’s obviously some elasticity in ABC’s just nobody’s business. I just don’t buy $150 honorarium, I really don’t have a prob- policy. In April, Greenfield, who covers that.’’ lem with that.’’ media and politics, pocketed $12,000 from the His sentiment is shared in the Periodical Steve Roberts, a senior writer with U.S. National Association of Broadcasters for Press Gallery on Capitol Hill, where maga- News & World Report and Cokie Roberts’ speaking to 1.000 members and interviewing zine reporters applying for press credentials husband, is annoyed that some media organi- media giants Rupert Murdoch and Barry must list sources of outside income. But in zations are being swayed by negative pub- Diller for the group. Wald says that was ac- the Radio-Television Correspondents Gal- licity. He says there’s been far too much ceptable. lery, where the big-name network reporters criticism of what he believes is basically an He also says it was fine for Roberts to go for press credentials, the issue of dis- innocuous practice. Roberts says journalists speak to the Junior League-sponsored busi- closing outside income has never come up, have a right to earn as much as they can by ness conference in Fort Lauderdale, even says Kenan Block, a ‘‘MacNeil/Lehrer speaking, as long as they are careful about though the for-profit JM Family Enterprises NewsHour’’ producer. appearances and live by high ethical stand- paid her fee. ‘‘I’ve never heard anyone mention it here ards. ‘‘As long as the speech was arranged by a and I’ve been here going on 11 years,’’ says ‘‘This whole issue has been terribly over- reasonable group and it carried with it no Block, who is also chairman of the Radio- blown by a few cranks,’’ Roberts says. ‘‘As tinct from anybody, it’s okay,’’ says Wald. ‘‘I Television Correspondents Executive Com- long as journalists behave honorably and use don’t care where they [the Junior League] mittee. ‘‘I basically feel it’s not our place to good sense and don’t take money from people they cover, I think it’s totally legitimate. In get their money.’’ police the credentialed reporters. If you’re Even with its loopholes, ABC has the speaking on the college circuit or to groups fact, my own news organization encourages strictest restrictions among the networks. not terribly political in nature, I think, If it.’’ U.S. News not only encourages it, but its NBC, CBS and CNN allow correspondents to anything, people are impressed and a bit en- public relations staff helps its writers get speak for dollars on a case-by-case basis and vious. It’s like, ‘More power to them.’’’ But the issue of journalists’ honoraria has speaking engagements. require them to check with a supervisor Roberts says U.S. News has not been in- first. Last fall, Andrew Lack, president of been mentioned at Block’s program. Al Vecchione, president of McNeil/Lehrer timidated by the ‘‘cranks,’’ who he believes NBC News, said he planned to come up with Productions, says he was ‘‘embarrassed’’ by are in part motivated by jealousy. ‘‘I think a a new policy. NBC spokesperson Lynn Gard- AJR’s story last year and immediately wrote few people have appointed themselves the ner says Lack has drafted the guidelines and a new policy. The story reported that Robert critics and watchdogs of our profession. I, for will issue them this summer. ‘‘The bottom MacNeil accepted honoraria, although he one, resent it.’’ line is that Andrew Lack is generally not in often spoke for free; partner Jim Lehrer said His chief nemesis is Jim Warren, who came favor of getting high speaking fees,’’ she he had taken fees in the past but had stopped to Washington a year-and-a-half ago to take says. after his children got out of college. charge of the Chicago Tribune’s bureau. War- New Yorker Executive Editor Hendrik ‘‘We changed [our policy] because in read- ren, once the Tribune’s media writer, writes Hertzberg also said last fall that his maga- ing the various stories and examining our a Sunday column that’s often peppered with zine would review its policy, under which navel, we decided it was not proper,’’ news flashes about which journalist is speak- writers are supposed to consult with their Vecchione says. ‘‘While others may do it, we ing where and for how much. The column in- editors in ‘‘questionable cases.’’ The review don’t think it’s proper. Whether in reality cludes a ‘‘Cokie Watch.’’ named for Steve is still in progress. Hertzberg says it’s likely it’s a violation or not, the perception is Roberts’ wife of 28 years, a woman Warren the magazine will have a new policy by the there and the perception of it is bad has written reams about but has never net. ‘‘Jim Warren is a reprehensible individual end of the year. enough.’’ ‘‘There’s something aesthetically offensive MacNeil/Lehrer’s new policy is not as re- who has attacked me and my wife and other to my idea of journalism for American jour- strictive as ABC’s, however. It says cor- people to advance his own visibility and his nalists to be paid $5,000, $10,000 or $20,000 for respondents ‘‘should avoid accepting money own reputation,’’ Roberts asserts. ‘‘He’s on a some canned remarks simply because of his from individuals, companies, trade associa- crusade to make his own reputation by tear- or her celebrity value,’’ Hertzberg says. tions or organizations that lobby the governing down others.’’ While Warren may work hard to boost his Rewriting a policy merely to make public ment or otherwise try to influence issues the bureau’s reputation for Washington cov- the outside income of media personalities NewsHour or other special***programs guarantees resistance, if not outright hos- erage, he is best known for his outspoken may cover.’’ criticism of fellow journalists. Some report- tility. Just ask John Harwood of the Wall As is the case with many of the new, strict- ers cheer him on and fax him tips for ‘‘Cokie Street Journal’s Washington bureau. This er policies, each request to speak is reviewed Watch.’’ Others are highly critical and ask year, Harwood was a candidate for a slot on on a case-by-case basis. That’s the policy at who crowned Warren chief of the Washington the committee that issues congressional many newspapers and at U.S. News. press passes to daily print journalists. Newsweek tightened its policy last June. ethics police. Even Warren admits his relentless assault His platform included a promise to have Instead of simply checking with an editor, daily correspondents list outside sources of has turned him into a caricature. staffers now have to fill out a form if they ‘‘I’m now in the Rolodex as inconoclast, income—not amounts—on their applications want to speak or write freelance articles and badass Tribune bureau chief who writes for press credentials. Harwood’s goal was submit it to Ann McDaniel, the magazine’s about Cokie Roberts all the time,’’ says War- fuller disclosure of outside income, including chief of correspondents. ren, who in fact doesn’t. ‘‘But I do get lots of speaking fees. ‘‘The only reason we formalized the proc- ‘‘I’m not trying to argue in all cases it’s feedback from rank-and-file journalists say- ess is because we thought this was becoming ing, ‘Way to go. You’re dead right.’ It obvi- wrong,’’ says Harwood. ‘‘But we make a big more popular than it was 10 years ago,’’ ously touches a nerve among readers.’’ to-do about campaign money and benefits McDaniel says, ‘‘We want to make sure [our So Warren writes about Cokie and Steve lawmakers get from special interests and I’m staff members] are not involved in accepting Roberts getting $45,000 from a Chicago bank struck by how many people in our profession compensation from people they are very for a speech and the traveling team of tele- also get money from players in the political close to. Not because we suspect they can be vision’s ‘‘The Capital Gang’’ sharing $25,000 process.’’ bought or that there will be any improper for a show at Walt Disney World. He throws Harwood believes it’s hypocritical that behavior but because we want to protect our in parenthetically that Capital Gang mem- journalists used to go after members of Con- credibility.’’ ber Michael Kinsley ‘‘should know better.’’ gress for taking speech fees when journalists Time, on the other hand, looked at all the Kinsley says he would have agreed a few do the same thing. (Members of Congress are media criticism and decided to simply end years ago, but he’s changed his tune. He now no longer permitted to accept honoraria.) the practice. In an April 14 memo. Managing believes there are no intrinsic ethical prob- ‘‘By disclosing the people who pay us,’’ Editor Gaines told his staff, ‘‘The policy is lems with taking money for speaking. He says Harwood, ‘‘we let other people who may that you may not do it. does it, he wrote in The New Republic in have a beef with us draw their own conclu- Gaines says the new policy was prompted May, for the money, because it’s fun and it sions. I don’t see why reporters should be by ‘‘a bunch of things that happened all at boosts his ego. afraid of that.’’ once.’’ He adds that ‘‘a lot of people were ‘‘Being paid more than you’re worth is the But apparently they are. Harwood lost the doing cruise ships and appearances and have American dream,’’ he wrote. ‘‘I see a day election. some portion of their income from that, so when we’ll all be paid more than we’re ‘‘I’m quite certain that’s why John lost,’’ their ox is gored.’’ worth. Meanwhile, though, there’s no re- says Alan J. Murray, the Journal’s Wash- The ban is not overwhelmingly popular quirement for journalists, alone among hu- ington bureau chief, who made many phone with Time staffers. Several, speaking on a manity, to deny themselves the occasional calls on his reporter’s behalf. ‘‘There’s clear- not-for-attribution basis, argue that it’s too fortuitous tastes of this bliss.’’ ly a lot of resistance,’’ adds Murray, whose tough and say they hope to change Gaines’ To Kinsley, new rules restricting a report- newspaper forbids speaking to for-profit mind. He says that won’t happen, although er’s right to lecture for largesse don’t accom- companies, political action committees and he will amend the policy to allow paid plish much. anyone who lobbies Congress. ‘‘Everybody speeches before civic groups, universities and ‘‘Such rules merely replace the appearance likes John. But I couldn’t believe how many groups that are ‘‘clearly not commercial.’’ of corruption with the appearance of pro- people said—even people who I suspect have ‘‘Academic seminars are fine,’’ he says. ‘‘If priety,’’ he wrote. ‘‘What keeps journalists very little if any speaking incomes—that it’s some college wants to pay expenses and a on

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10356 CONGRESSIONAL RECORD — SENATE July 20, 1995 the straight and narrow most of the time is Brian Lamb, founder and chairman of C- paign letter. In an interview, he adds, ‘‘Given not a lot of rules about potential conflicts of SPAN, has a simpler solution, one that also the impact the media have on public policy interest, but the basic reality of our business has been adopted by ABC’s Peter Jennings, discussions, we should be willing to subject that a journalist’s product it out there for NBC’s Tom Brokaw and CBS’ Dan Rather ourselves to more scrutiny.’’ all to see and evaluate.’’ and Connie Chung. They speak, but not for This philosophy did not play too well with The problem, critics say, is that without money. the masses. As they paid campaign calls knowing who besides the employer is paying ‘‘I never have done it,’’ Lamb says. ‘‘It around town, Harwood and the Journal’s a journalist, the situation isn’t quite that sends out one of those messages that’s been Washington bureau chief, Alan Murray, clear-cut. sent out of this town for the last 20 years: could hardly help noticing that the disclo- Jonathan Salant, president of the Wash- Everybody does everything for money. When sure proposal did not excite enthusiasm. ‘‘I ington chapter of the Society of Professional I go out to speak to somebody I want to have was surprised,’’ Murray states flatly, ‘‘to Journalists, cites approvingly a remark by the freedom to say exactly what I think. I find out so many of my colleagues oppose the former Washington Post Executive Editor don’t want to have people suspect that I’m right thing to do.’’ Ben Bradlee in AJR’s March issue: ‘‘If the In- here because I’m being paid for it.’’ Yet only a handful of daily gallery mem- surance Institute of America, if there is such On February 20, according to the printed bers, the so-called celebrity journalists who a thing, pays you $10,000 to make a speech, program, Philip Morris executives from make substantial money from speaking en- don’t tell me you haven’t been corrupted. around the world would have a chance to lis- gagements, would likely have serious outside You can say you haven’t and you can say ten to Cokie and Steve Roberts at 7 a.m. income to disclose. (Harwood himself says you will attack insurance issues in the same while enjoying a continental breakfast. that he earned only $300 last year from an way, but you won’t. You can’t.’’ ‘‘Change in Washington: A Media Perspective outside source, for a speech he gave to the Salant thinks SPJ should adopt an abso- with Cokie and Steve Roberts,’’ was the World Affairs Council.) The vast majority of lute ban on speaking fees as it revises its schedule event at the PGA resort in Palm the gallery members are beat reporters who ethics code. Most critics want some kind of Beach during Philip Morris’ three-day invi- might reasonably resent what some see as an public disclosure at the very least. tational golf tournament. invasion of privacy. ‘‘What business of the Says the Wall Street Journal’s Murray, A reporter who sent the program to AJR gallery is it what my income is?’’ says Ste- ‘‘You tell me what is the difference between thought it odd that Cokie Roberts would phen Green, of Copley News Service, who somebody who works full time for the Na- speak for Philip Morris in light of the net- tional Association of Realtors and somebody also ran and lost. ‘‘People who are paying work’s new policy. Even more surprising, he who takes $40,000 a year in speaking fees your salary should decide whether you have from Realtor groups. It’s not clear to me thought, was that she would speak to a com- a conflict or not.’’ Alan Fram of The Associ- there’s a big distinction. I’m not saying that pany that’s suing ABC for libel over a ‘‘Day ated Press, the big winner, opposed disclo- because you take $40,000 a year from Real- One’’ segment that alleged Philip Morris sure partly on the ground that reporters are tors that you ought to be thrown out of the adds nicotine to cigarettes to keep smokers private citizens, not public officials. profession. But at the very least, you ought addicted. The case is scheduled to go to trial Fram and Green see ‘‘philosophical perils,’’ to disclose that.’’ in September. as Green put it, in ‘‘licensing’’ reporters by And so Murray is implementing a disclo- At the last minute, Cokie Roberts was a requiring them to reveal certain facts and sure policy. By the end of the year, the 40 no-show, says one of the organizers. ‘‘Cokie activities. ‘‘That opens up a door we don’t journalists working in his bureau will be re- was sick or something’’ says Nancy Schaub want to walk through,’’ says Fram. ‘‘What’s quired to list outside income in a report that of Event Links, which put on the golf tour- the next step? Voting registration?’’ will be available to the public. nament for Philip Morris. ‘‘Only Steve Rob- Of the three press galleries that accredit ‘‘People are not just cynical about politi- erts came.’’ reporters on Capitol Hill—the daily, peri- cians,’’ says Murray. ‘‘They are cynical Cokie Roberts won’t talk to AJR about odical, and radio-TV galleries—only the peri- about us. Anything we can do to ease that why she changed her plans. Perhaps she got odical press gallery requires members to list cynicism is worth doing.’’ Dick Wald’s message. all sources of earned income. This rule has Sen. Grassley applauds the move. Twice he ‘‘Of course, it’s tempting and it’s nice,’’ always applied to the periodical gallery, has taken to the floor of the Senate to urge Wald says of hefty honoraria. ‘‘Of course, largely because it receives more applications journalists to disclose what they earn on the they [ABC correspondents] have rights as from people who might be moonlighting as lecture circuit. private citizens. It’s not an easy road to go trade association lobbyists, government con- ‘‘It’s both the amount and doing it,’’ he down. But there are some things you just sultants, or corporate newsletter writers. says. ‘‘I say the pay’s too much and we want shouldn’t do and that’s one of them.’’ Harwood argues that he only wants the to make sure the fee is disclosed. The aver- daily gallery to do what the periodical gal- age worker in my state gets about $21,000 a [From the Columbia Journalism Review, lery already does: put the sources, not the year. Imagine what he or she thinks when a May–June 1995] amounts, of outside income on record for any journalist gets that much for just one WHERE THE SUN DOESN’T SHINE—FINANCIAL other gallery member to look up. He would speech?’’ DISCLOSURE FOR JOURNALISTS DOESN’T FLY go one step further, however, and make Public disclosure, says Grassley, would (By Jamie Stiehm) records available to the general public, not curtail the practice. just journalistic peers: ‘‘Put the judgment Disclosure is often touted as the answer. Journalists don’t like to politick on their out there.’’ Many journalists, such as Kinsley and Wall own behalf; they’d much rather cover poli- Would writing these things down prevent Street Journal columnist Al Hunt—a tele- tics as a spectator sport. But every so often anything impure from taking place? Maybe: vision pundit and Murray’s predecessor as a few souls in Washington are asked—if not environmental lawyers, for example, have bureau chief—have said they will disclose told—by their bureau chiefs to run for the found that the most effective laws are the their engagements and fees only if their col- prestigious Standing Committee of Cor- ‘‘sunshine’’ statutes that made certain pol- leagues do so as well. respondents in one of the congressional press luting practices less common simply by re- Other high-priced speakers have equally galleries. In the case of the daily newspaper quiring companies to report them. little enthusiasm for making the informa- gallery, this is an inner circle, democrat- Anyway, the results are in. Out of a field of tion public. ‘‘I don’t like the idea,’’ says ically elected, that makes important five, Harwood lost narrowly to the three win- ABC’s Greenfield. ‘‘I don’t like telling people logistical decisions affecting coverage of ners: Fram of AP, Sue Kirchhoff of Reuters, how much I get paid.’’ both Congress and the national political con- and Bill Welch of USA Today, none of whom But one ABC correspondent says he has no ventions. Hence the tendency of the bigger share his views. Is financial disclosure for problem with public scrutiny. John Stossel, newspapers and wire services to exercise journalists an idea whose time has come? If a reporter on ‘‘20/20,’’ voluntarily agreed to their clout to get their people in there. Harwood’s loss is a good sounding of the cur- disclose some of the ‘‘absurd’’ fees he’s So this year, chances are that if he had rent state of journalistic opinion, the answer earned. Last year and through March of this kept quiet, John Harwood of the Wall Street is: not yet. Journal, the only candidate from one of the year Stossel raked in $160,430 for speeches— Mr. BYRD. Mr. President, I yield the $135,280 of which was donated to hospital, ‘‘Big Four’’ national newspapers, would have scholarship and conservation programs. won. But instead, Harwood chose to ignite a floor. ‘‘I just think secrecy in general is a bad controversial issue that has divided the jour- Mr. MACK addressed the Chair. thing,’’ says Stossel, who did not object to nalistic community ever since Ken Auletta’s The PRESIDING OFFICER. The Sen- ABC’s new policy. ‘‘We [in the media] do September 12 New Yorker article made it the ator from Florida is recognized. have some power. We do have some influ- talk of the town: whether journalists should Mr. MACK. Mr. President, I am pre- ence. That’s why I’ve come to conclude I disclose to their peers and the public their pared to accept the amendment of the should disclose, so people can judge whether ‘‘outside income’’—that is, income earned distinguished Senator from West Vir- I can be bought.’’ from speeches and sources other than their ginia because it is the beginning, not (Stossel didn’t always embrace this notion day jobs. so enthusiastically. Last year he told AJR ‘‘I think it’s time we do a better job of dis- the end, and it is a sense-of-the-Senate he had received between $2,000 and $10,000 for closing the sort of potential conflicts we so resolution that will begin the process a luncheon speech, but wouldn’t be more pre- often expose in the case of public officials,’’ for a complete hearing on the matter. cise.) Harwood wrote to 2,000 colleagues in a cam- As I understand it, it is a sense-of-the-

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10357 Senate resolution that in essence calls There appears to be a sufficient sec- ator HATFIELD, Senator BYRD, Senator for a separate Senate resolution to be ond. MACK, and Senator MURRAY, in my offered in the future during the 104th The yeas and nays were ordered. view, have crafted a bill that reduces Congress that would in essence call for The PRESIDING OFFICER. Is there the amount we will spend on the legis- the Rules Committee to begin the proc- further debate? lative branch by over $200 million and ess of complete hearings on the issue. Mr. MACK. Mr. President, I suggest an amount which is $427 million below Mr. BYRD. The Senator is correct. the absence of a quorum. the fiscal 1995 budget estimate. Mr. MACK. Mr. President, while I The PRESIDING OFFICER. The This is an excellent piece of legisla- have indicated that I am prepared to clerk will call the roll. tion. It is certainly not perfect, but I, accept the amendment, I think it is The legislative clerk proceeded to again, congratulate the managers of fair to say that there are questions call the roll. the bill for an outstanding effort to re- with respect to the concept as it re- Mr. MACK. Mr. President, I ask duce spending on the legislative lates to members of the Senate Press unanimous consent that the order for branch. Obviously, it is where we must Gallery only, as I understand it. the quorum call be rescinded. begin if we are going to ask other sec- Mr. BYRD. It pertains only to the The PRESIDING OFFICER. Without tors of America to experience spending credentialing of members of the Senate objection, it is so ordered. cuts as well. I thank my colleagues. Press Gallery. The question is on agreeing to the Mr. DOMENICI. Mr. President, I Mr. MACK. I thank the Senator. amendment of the Senator from West want to share with the Senate my con- Mr. President, I do believe that sev- Virginia [Mr. BYRD]. The yeas and nays gratulations to the subcommittee, in eral of the points that the Senator have been ordered. The clerk will call particular the subcommittee chairman, from West Virginia made during his the roll. Senator CONNIE MACK, because we comments with respect to the amend- The legislative clerk called the roll. started out this year on our side of the ment were, in fact, on target, specifi- Mr. LOTT. I announce that the Sen- aisle—and I am very pleased this has cally the issue as to the power of the ator from North Carolina [Mr. HELMS] become bipartisan—with the sugges- press in choosing what to cover. There is necessarily absent. tion that if we are going to fix the fis- is a tendency for us in public life to cal policy of our Nation, we ought to hear—and I guess from time to time be- The PRESIDING OFFICER (Mr. start by fixing our own House, and we lieve—that we have been inaccurately DEWINE). Are there any other Senators ought to save some money for the tax- quoted. My own experience is that has in the Chamber who desire to vote? not really been a problem. The issue The result was announced—yeas 60, payers in terms of what we spend on which I think is important—the issue nays 39, as follows: the U.S. Senate. I happen to cochair our Republican which I think the publishers of news- [Rollcall Vote No. 312 Leg.] task force with my friend CONNIE papers have said themselves—is that YEAS—60 MACK. We recommended that we take the power of the press is really to Akaka Feingold Mikulski $200 million out of the Senate’s expend- choose what to cover and what not to Baucus Ford Moseley-Braun Bennett Glenn Murkowski itures out of the legislative budget. I cover. Bond Grams Murray My point for making this is that the am pleased to report that we were Boxer Grassley Nunn taken almost literally by the chair- individuals who are members of the Bradley Gregg Pell Press Gallery in the Senate, frankly, Breaux Harkin Pressler man. He saved $200.041 million. So if and from my perspective, are not the Bumpers Hatfield Pryor every subcommittee that was charged Burns Heflin Reid with reducing the expenditures of our ones that determine what is going to Byrd Hollings Robb be covered and what is not. Campbell Inouye Rockefeller Government looked to the budget reso- So I think that frankly there will Chafee Jeffords Shelby lution for its assumptions, or to what Coats Johnston Simpson my friend, CONNIE MACK, looked to—it have to be a complete hearing on the Cohen Kennedy Smith issue to make a determination about Conrad Kohl Snowe was a resolution by the Republicans to whether the Senate in fact should Craig Lautenberg Stevens take $200 million out—if everybody did Daschle Leahy Thomas their jobs that well, this would be a move on this concept. But at this Dole Lott Thurmond point, as I said a moment ago, I am pretty good year. Dorgan Mack Warner Frankly, I want to make one other prepared to accept the amendment. Faircloth McConnell Wellstone point. I am not saying that the budget Mr. BYRD. Mr. President, I thank NAYS—39 the distinguished Senator, the manager resolution assumption should be adopt- Abraham Feinstein Levin ed by any committee because I under- of the bill, for his comments and for his Ashcroft Frist Lieberman support in offering to accept the Biden Gorton Lugar stand the Budget Act said the appropri- amendment. Bingaman Graham McCain ators will make the final decision. It Mrs. MURRAY addressed the Chair. Brown Gramm Moynihan also said on the entitlement, the com- Bryan Hatch Nickles mittees that write the law change the The PRESIDING OFFICER. The Cochran Hutchison Packwood Chair recognizes the Senator from Coverdell Inhofe Roth law. If we do not start getting rid of Washington. D’Amato Kassebaum Santorum some agencies of our Federal Govern- Mrs. MURRAY. Mr. President, I have DeWine Kempthorne Sarbanes ment, some functions of the Govern- Dodd Kerrey Simon listened carefully to the words of the Domenici Kerry Specter ment, some programs of the Govern- Senator from West Virginia on his Exon Kyl Thompson ment, we are just putting off for another year what is inevitable. It will sense-of-the-Senate resolution and am NOT VOTING—1 also willing to accept the amendment just get worse, not better. Good pro- on the grounds that I see it as the pre- Helms grams will have to be reduced, rather cursor to having a hearing on this so So the amendment (No. 1802) was than those that are marginal and per- that all sides can be aired. I would agreed to. haps not needed. want to make sure that we were not Mr. BYRD. Mr. President, I move to Why do I state that? Because in this precluding anyone’s ability to be in the reconsider the vote by which the appropriations bill, this subcommittee Press Gallery with this kind of amend- amendment was agreed to. has succeeded in doing away with one ment. I think those kinds of questions Mr. LEAHY. I move to lay that mo- of the many service organizations that and answers can be gathered. I under- tion on the table. help the U.S. Senate do its work. As I stand that is what this amendment is The motion to lay on the table was understand it, over a 2-year phase, we trying to attain and with that would agreed to. will eliminate what we recommended not object to it. Mr. MCCAIN addressed the Chair. in our early resolutions to the sub- Mr. BYRD. Mr. President, I thank The PRESIDING OFFICER. The Sen- committee. We will be getting rid of the minority manager. I ask for the ator from Arizona. one of those service organizations, is yeas and nays. Mr. MCCAIN. Mr. President, I com- that not correct? The PRESIDING OFFICER. Is there a mend the Appropriations Committee Mr. MACK. That is correct. I just say sufficient second? for bringing this bill to the floor. Sen- to the Senator that there probably will

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10358 CONGRESSIONAL RECORD — SENATE July 20, 1995 be an amendment proposed later in the At the appropriate place, insert the fol- Legislative Branch appropriations, Military morning, or in the early afternoon, to lowing new section: Construction appropriations, Transportation restore the Office of Technology As- SEC. . CAMPAIGN FINANCE REFORM. appropriations, Treasury and Postal appro- sessment. (a) FINDINGS.— priations, and Veterans Affairs, Housing and Urban Development, and Independent Agen- Again, we did take the direction from Mr. FEINGOLD. Mr. President, I ask cies appropriations, reauthorization of the both the early resolution by our con- unanimous consent that reading of the Older Americans Act, reauthorization of the ference but also the budget resolution amendment be dispensed with. Individuals with Disabilities Education Act, that said, if we are going to meet this The PRESIDING OFFICER. Without health care reform, job training reform, target, we are going to have to make objection, it is so ordered. child support enforcement reform, tax re- not only reductions, but we are going The amendment is as follows: form, and a ‘‘Farm Bill’’ should be consid- to have to eliminate some of the agen- At the appropriate place, insert the fol- ered. cies, and we have done that. I thank lowing new section: Mr. MACK. Mr. President, I suggest the Senator for his help on that. SEC. . CAMPAIGN FINANCE REFORM. the absence of a quorum. Mr. DOMENICI. Mr. President, I am (a) FINDINGS.—The Congress finds that— The PRESIDING OFFICER. The not prejudging that vote. I am speak- (1) the current system of campaign finance clerk will call the roll. ing to the bill as it currently is. I was has led to public perceptions that political The bill clerk proceeded to call the a member of the appropriations com- contributions and their solicitation have un- roll. duly influenced the official conduct of elect- Mr. MACK. Mr. President, I ask mittee that voted to sustain their work ed officials; with reference to the service organiza- (2) the failure to limit campaign expendi- unanimous consent that the order for tion we say we should get rid of over 2 tures in any way has caused individuals the quorum call be rescinded. years. I hope that the U.S. Senate, elected to the United States Senate to spend The PRESIDING OFFICER. Without every time we have an issue like this— an increase portion of their time in office objection, it is so ordered. and it will come up today—that we not raising campaign funds, interfering with the Mr. MACK. Mr. President, I ask always think how can we save it and ability of the Senate to carry out its con- unanimous consent that Senator FEIN- make sure it is still around and look at stitutional responsibilities; GOLD be recognized to speak for up to (3) the public faith and trust in Congress as 20 minutes on the pending amendment, it again. an institution has eroded to dangerously low Sooner or later, you have to make levels and public support for comprehensive No. 1803, to be followed by 20 minutes decisions that you do not need every- congressional reforms is overwhelming; and for debate prior to a motion to table thing, everything in the budget, and (4) reforming our election laws should be a under the control of Senator MCCAIN, that the Senate does not need every- high legislative priority of the 104th Con- and that following the conclusion or thing that currently serves the Senate. gress. yielding back of time, Senator DOLE or If you do not start doing that, then I do (b) SENSE OF THE SENATE.—It is the sense his designee be recognized to make a not believe we have a lot of credibility. of the Senate that as soon as possible before motion to table the Feingold amend- the conclusion of the 104th Congress, the ment, and that no further amendments I do not believe the American people United States Senate should consider com- are going to buy it for a minute that prehensive campaign finance reform legisla- be in order prior to the motion to we ought to be cutting other programs, tion that will increase the competitiveness table. and we cannot get rid of one organiza- and fairness of elections to the United States The PRESIDING OFFICER. Is there tion that helps us do our job. Senate. objection? Without objection, it is so Sooner or later, we have to be exam- AMENDMENT NO. 1804 TO AMENDMENT NO. 1803 ordered. ples, and it has to be real, not rhetoric. (Purpose: To express the sense of the Senate Mr. MACK. Mr. President, I further I commend the subcommittee and its in regard to the consideration of certain ask that once the motion to table is chairman. I hope the debate will center legislative issues) made, the amendment be laid aside around, can we really do with less and Mr. MACK. Mr. President, I send an until 2:30 in order to consider other still do our jobs? I believe we can. I do amendment to the desk and ask for its amendments. not see any shortage of professional immediate consideration. The PRESIDING OFFICER. Is there talent helping us around here, sci- The PRESIDING OFFICER. The objection? Without objection, it is so entific or otherwise. We have so many clerk will report. ordered. groups of science institutions that can The bill clerk read as follows: Mr. FEINGOLD addressed the Chair. help us, I do not know that we need our The Senator from Florida [Mr. MACK], for The PRESIDING OFFICER. The Sen- own $22 million science service organi- Mr. MCCONNELL, proposes an amendment ator from Wisconsin. zation. That is what the issue will be. numbered 1804 to amendment No. 1803. Mr. FEINGOLD. I thank the Chair. I I yield the floor and thank the chair- In lieu of the language proposed to be in- thank the Senator from Florida for his man for his work and his ranking mem- serted, insert the following: cooperation. I am working on an agree- It is the sense of the Senate that before the ber for her diligent work. ment on this amendment. conclusion of the 104th Congress, comprehen- I have offered this amendment today AMENDMENT NO. 1803 sive welfare reform, food stamp reform, concerning the need for campaign fi- (Purpose: Expressing the sense of the Senate Medicare reform, Medicaid reform, superfund that the 104th Congress should consider reform, wetlands reform, reauthorization of nance reform because I firmly believe comprehensive campaign finance reform the Safe Drinking Water Act, reauthoriza- that there is a broad majority of Sen- legislation) tion of the Endangered Species Act, immi- ators on both sides of the aisle who be- Mr. FEINGOLD. Mr. President, I send gration reform, Davis-Bacon reform, State lieve our campaign finance laws are in an amendment to the desk and ask for Department reauthorization, Defense De- need of significant repair. its immediate consideration. partment reauthorization, Bosnia arms em- My resolution asks the Members of bargo, foreign aid reauthorization, fiscal The PRESIDING OFFICER. The the U.S. Senate whether they believe year 1996 and 1997 Agriculture appropria- we have a seriously flawed system of clerk will report. tions, Commerce, Justice, State appropria- The bill clerk read as follows: tions, Defense appropriations, District of Co- campaign financing and whether they believe we should consider changing it The Senator from Wisconsin [Mr. FEIN- lumbia appropriations, Energy and Water GOLD], for himself, Mr. MCCAIN, Mrs. FEIN- Development appropriations, Foreign Oper- during the 104th Congress. STEIN, Mr. JEFFORDS, Mr. WELLSTONE, Mr. ations appropriations, Interior appropria- It is a simple proposition, but I think BRADLEY, Mr. SIMON, Mr. BIDEN, Mr. LEAHY, tions, Labor, Health and Human Services it is a very important one. I could not Mr. AKAKA, and Mr. GRAHAM, proposes an and Education appropriations,—— be more delighted that this resolution amendment numbered 1803. Mr. FEINGOLD. Mr. President, I ask has bipartisan support in its cosponsor- Mr. FEINGOLD. Mr. President, I ask unanimous consent that reading of the ship. It includes the Senator from Ari- unanimous consent that reading of the amendment be dispensed with. zona [Mr. MCCAIN], the Senator from amendment be dispensed with. Mr. MACK. I object. California [Mrs. FEINSTEIN], the Sen- Mr. MACK. I object, Mr. President. The PRESIDING OFFICER. The ator from Vermont [Mr. JEFFORDS], the The PRESIDING OFFICER. The clerk will continue reading. Senator from Minnesota [Mr. clerk will continue reading. The bill clerk continued reading as WELLSTONE], the Senator from Illinois The bill clerk read as follows: follows: [Mr. SIMON], the Senator from Vermont

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10359 [Mr. LEAHY], the Senator from New the ability to raise nearly $6 million can approach this problem in a bipar- Jersey [Mr. BRADLEY], the Senator for a campaign, then the current sys- tisan manner. from Delaware [Mr. BIDEN], the Sen- tem, of course, accommodates you. If On another front, Mr. President, the ator from Florida [Mr. GRAHAM], and you are independently wealthy and if set of figures recently released by the the Senator from Hawaii [Mr. AKAKA]. you decide you would like to use your FEC gives us some telling data, sur- Mr. President, this resolution does wealth to run for elective office, as the prising data. For example, contribu- not propose any specific reforms. It current trend seems to me, then the tions by political action committees to does not mention spending limits or current system also accommodates all congressional candidates back in public financing or PAC contributions you. 1990 totaled $149 million. Now, this or any of the other proposals that have If you are a schoolteacher and serve went up slightly in 1992 to $178 million been connected in the past with cam- part time in the city council and decide but stayed in 1994 at $178 million. So, paign finance. It merely says that you would like to run for the U.S. Sen- Mr. President, PAC contributions, even sometime during the next year and a ate, then the current system tells you though many people would like to see half this Chamber should consider leg- that based on your income level, em- them eliminated, have been fairly level islation that will restore a greater de- ployment status, and other such fac- over the past three election cycles. gree of fairness and competitiveness to tors, you are automatically a long-shot On the other hand, and this is what the elections that are involved to elect candidate. Your positions on the issues really shocked me, contributions and people to the Senate. are at best secondary. Your experience loans from candidates themselves—in Why is this necessary? It seemed that as a teacher and your record on the other words, those who contribute to significant campaign finance reform city council is secondary. Why? Be- their own campaigns—increased at a was going to be achieved in the 103d cause you lack substantial campaign rate of 37 percent from the 1992 level. Congress. Unfortunately, the effort fell funds, or a war chest as it is called So personal contributions to your own apart as House and Senate negotiators now, that will inhibit you from getting campaign is now sort of the new were unable to bridge their differences. your message across to a statewide growth industry in the area of cam- I am the first to say there was blame electorate. This makes you a long shot, paign financing. on the part of both parties for this fall- and the thought of not running at all That means the greatest increase in ing apart, but I am offering this resolu- has to cross your mind. campaign financing comes from can- tion today because there has not been This has to change. Unfortunately, didates that finance themselves. That any sort of indication that the Senate despite the nearly universal agreement translates into an electoral system tai- will be considering this issue either that something needs to be done to lored only for those who either have this year or next year. It is not even curtail campaign spending and improve access to a large base of campaign con- mentioned in the Republican contract. the election process, time and time tributors or another group, those who It is not on the majority leader’s list of again Congress fails to pass the needed have the personal wealth and means to items we need to do before the August legislation. So I offer this resolution afford an expensive political campaign. recess. I am afraid that it might not today because there needs to be, first Either way, again, the schoolteacher even be on the list of the things we of all, a clear statement that campaign that serves on the city council is be- need to do before the turn of the cen- finance reform should be on the agenda coming increasingly less likely to have tury if we do not pass some kind of res- for this Congress. It is not even men- any chance at all of seeking this office olution. tioned, as I said before, in the Repub- and attaining it. It is clear that the campaign spend- lican contract, and we need to figure Mr. President, not too long ago, I ing in our political system is spiraling out a way to get it onto the agenda. heard one of the candidates for Presi- out of control. The FEC recently re- The only effort that has been made in dent, the Senator from Texas, say leased some startling numbers with re- the whole Congress this session on something that I found kind of fas- spect to the level of spending in the campaign finance reform was to take cinating. Announcing his bid for the 1994 elections. According to the FEC, away the campaign finance system we Republican nomination to the White the 1994 elections were the most expen- have that has helped make Presidential House in 1996, the Senator from Texas sive in history, sporting a price tag of elections more fair. Thankfully, we de- stated that he had the most reliable $724 million. That is a 62-percent in- feated that effort, and we did it on a bi- friend you can have in American poli- crease—Mr. President, a 62-percent in- partisan vote. It is now time to refocus tics, and that is ready money. crease—from aggregate spending just 4 our efforts on fixing the congressional There was a time when the most reli- years earlier in 1990. system and to find answers to a dis- able friend you could have in politics The effect of this escalation in spend- turbing question. That is, how, Mr. was a strong record on the issues, sub- ing to me is a sort of politics of exclu- President, can we expect ordinary stantial grassroots support, or maybe sion as it becomes increasingly dif- Americans to run for elected office even the endorsement of a large news- ficult for average working Americans when the price tag is literally, literally paper in your State. But a candidate to run for public office. It is very dis- millions of dollars and the costs esca- for the Presidency has indicated that tressing that candidates are first and lated at a rate of over 60 percent in the he may be the best candidate in 1996 foremost judged on their fundraising past 4 years? not because of his stance on the issues, ability and their personal wealth rath- I know recently there was a hand- not because of his popularity with the er than their merits as candidates. I shake between the Speaker of the other voters in his party, but because he has think most of us would agree that the body and the President about a com- the most money, or at least did at that democratic political system should en- mission. I noticed there was no Mem- time, of the eligible candidates. courage individuals to run for elective ber of this body who was a party to Those remarks are simply an accu- office but that is not what our current that agreement, so it did not terribly rate portrayal of what our election sys- system does. impress me in part for that reason. But tem has become. It is not so much If anything, the current system sends the Speaker recently just backed off of about your stance on the issues or the a message that political campaigns are that anyway, so let us not assume that speeches you give on the campaign expressly reserved for the very few who any sort of commission will even be trail or even the countless volunteers have the ability to do what the current created let alone believe that it will that the Senator from Minnesota and I system requires of them to run an ef- make a difference. remember so well from our campaigns fective campaign, and we all know it. There is no reason at all for this body who usually sit in unairconditioned of- The message we get is that if you cannot to move forward on this. We cannot fices all day stuffing envelopes for you. not raise and spend millions of dollars, pretend that this is not a pressing Sadly enough, our election system you are not really an effective or viable problem, and we cannot pretend that has become all about money—who has candidate. we do not know how to deal with it. it, who can raise the most, and who can If you are a powerful member of the Congress has to demonstrate to the spend the most. It is no longer one per- Senate Appropriations Committee, as American people that it can act re- son, one vote. It is more $1, one vote, was my opponent in 1992, and you have sponsibly and decisively and that it or $1 million, 1 million votes.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10360 CONGRESSIONAL RECORD — SENATE July 20, 1995 I was a supporter last year of S. 3, More recently, in January 1993, the you, Mr. President, Senator Mitchell the campaign finance reform bill, and now majority leader stated: always granted me that vote. that bill was filibustered. I did not be- Just as Congress needs reforming, so, too, For us to start in with parliamentary lieve that it was a perfect bill, but on does the way in which you are elected to maneuvering not allowing people who balance I believe it represented a sub- Congress. And today, as we have done before, have a reasonable amendment with an stantial improvement over the current Senate Republicans will be introducing legis- agreement for a reasonable time frame, system and it clearly would have in- lation to reform our campaign finance sys- I think is a betrayal, frankly, of what stalled a level of fairness back into our tem.... we were seeking over the last 12 years Again, this is an area in which I think we campaign system. are going to need bipartisan effort if we are in my experience in the minority. The On the first day of the 104th Con- to have a meaningful campaign finance re- Senator from Wisconsin spent all day gress, I introduced S. 46, another at- form bill.... yesterday on the floor waiting to be tempt to try to reform our campaign So I hope that we can maybe impose some recognized. The Senator from Wis- system. I do not hold out any false deadline—30, 60 days—for Democrats and Re- consin was willing to have a reasonable hopes that my bill will become law in publicans to work out a bipartisan package. time agreement so he could get a sim- the near future. That is why I am cer- The majority leader then went on to ple sense-of-the-Senate resolution be- tainly willing to compromise on this say: fore this body with an up-or-down vote issue and to work with my colleagues If ever there was an issue that cried out for on it or a tabling motion. on both sides of the aisle to write a bill bipartisan cooperation, it is campaign fi- Now, it seems to me—it seems to that will somehow get us off the road nance. Senator Boren of Oklahoma and Sen- me—that if we are going to conduct we are on of further protecting incum- ator McConnell of Kentucky are this Cham- business around here with comity, if bents and encouraging multimillion ber’s acknowledged campaign finance reform someone has a reasonable request—a experts. Perhaps if Senator Mitchell and I dollar campaigns. reasonable request—we should grant I do, however, in working with the gave them 30 days to get together and ham- mer out a comprehensive reform proposal, that request. Now, this was a sense-of- Senator from Arizona, who has been a they would succeed. the-Senate resolution about a strongly tremendous partner in this issue, be- And, finally, Mr. President, simply a held view by the Senator from Wis- lieve that certain principles have to be copy of the front page of S. 7, which is consin. And I hope in the future we can included. A good bill has to provide in- the legislation by the majority leader avoid this kind of thing and sit down centives to keep campaign spending and say, OK, what will the arrange- down to a reasonable level, and it has and many other Members on the other side of the aisle calling for Federal ments be? If not today, next week or to provide some sort of assistance to next month or even next year. But fill- legitimate but underfunded chal- campaign finance reform. So it is clear that the other side is on ing up the tree with parliamentary ma- lengers, so that our elections will in- neuvering, I think, is beneath us. deed be competitive and fair. I also record in favor of doing this. Let me simply reserve the remainder I want to make one additional point, want to see candidates raise more of of my time at this point and say that Mr. President, if I may. Campaign fi- their funds in their own home States this is the amendment which we nance reform is something that the rather than constantly crisscrossing worked, on a bipartisan basis, to put American people want. In 1994 the the country looking for funding from American people said, ‘‘We do not like the west to the east coast. together that can at least start us on the real road to campaign finance re- the way you do business in Wash- Mr. President, for the past several ington. We do not like the way you do months, the Senate has been diverting form, not just a resolution, not just a commission, but a true bipartisan ef- business.’’ And they also said, ‘‘We do almost all of its attention to the Re- not like the way you get there.’’ I publican Contract With America. This fort that I hope will bear fruit. know, that message was clear. And I was the campaign that said, ‘‘Put us in Mr. President, how much time do I am confident, because I believe in rep- power and we will change the way have remaining? resentative government, Mr. President, Washington does business.’’ But it is The PRESIDING OFFICER (Mr. that sooner or later we will address disappointing again that this subject CAMPBELL). The Senator has 6 minutes this issue, because it is the will of the has not really come up. How can you 8 seconds. people. They do not like what is going change ‘‘business as usual’’ without Mr. FEINGOLD. I yield 5 minutes to on. Now we may make it worse, I do suggesting that we need to change the the Senator—may I withhold? not know. I think we can make it bet- outrageous degree of fundraising, the Mr. MCCAIN. Will the gentlemen ter. But no average citizen in America disproportionate influence of out-of- yield 3 minutes to me? State special interests, and the lack of The PRESIDING OFFICER. The Sen- believes that the system under which competitive challengers to well-placed ator from Arizona has 20 minutes under we elect Presidents of the United incumbents? the unanimous-consent agreement. States and the system under which we Though it was not part of the con- Mr. MCCAIN. OK. elect representatives to Congress is a tract, I know there are Members on the Mr. FEINGOLD. I yield the floor. fair and equitable system, because of other side of the aisle who truly are Mr. MCCAIN. Mr. President, I yield the role that money plays in these committed to comprehensive campaign myself whatever time I may consume. campaigns. While my friend from Florida is here, finance reform. And I continue to be- If I could just, as an aside, say to my lieve that we can have a bipartisan re- I want to talk about two aspects of this friend from Wisconsin—just an aside— form bill. In fact, Mr. President, just situation. One is what just transpired if he is going to quote Republicans look at very recent history. We have that brought us to this time agree- now, it would be fair if he quoted the had statements by the Senator from ment. As my colleague from Florida latest deal that people can have that Kentucky indicating: knows, I served 12 years in both the the Democratic National Committee House and the Senate in the minority The 102nd Congress is faced with many gave if you want to have breakfast challenges, not the least of which is ensuring status. And one of the things that frus- with the President or meetings with the credibility of this institution and the trated me enormously as a member of the President, all those good deals. Let electoral process of our Nation. To that end the minority was that I was unable to us put some balance in this now. Let us I [Senator McConnell], along with the Senate get issues that were important to me not make it a partisan issue. There are Republican leader, Senator Dole . . . am in- and my constituents before this body. egregious activities on both sides on troducing the Comprehensive Campaign Fi- I will say that the previous majority this issue. nance Reform Act. This bill is the most leader on the other side of the aisle, on But getting back to the fundamental sweeping legislation ever put forth on this issue. [This reform act] would restore integ- numerous occasions I went to Senator point, I do not believe, Mr. President, rity and competitiveness to our electoral Mitchell and said, ‘‘Senator Mitchell, I that 1 or 2 or 5 or 10 Senators will be process while preserving constitutional want a vote on this issue. I’ll be glad to able to block the will of the American rights and our 200-year-old democratic free- agree to a time agreement. I will be people. doms. glad to have whatever parameters you Now, what the Senator from Wis- That is from January 1991, by the decide so as not to interfere with the consin and I are seeking to do is set Senator from Kentucky. functioning of this body.’’ I will tell forth

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10361 a framework, which we will be intro- the part of the Senator from Arizona in type of corruption where too few people ducing this week, for campaign finance his willingness to try to make sure a have too much wealth and power. That reform that has the fundamental ele- Member of the minority party and him- is what is skeptical, cynical about pub- ments that we believe are the will of self have an opportunity to raise an lic affairs, and all of us, Republicans the American people. We want to en- issue of this kind. and Democrats alike, have the strong- gage in a debate. We want—it is not a That is exactly the kind of conduct est possible self-interest in having your perfect document—we want to engage that the American people have been citizens really believing in politics and in the kind of consensus building that crying out for, and it has been a tre- public affairs. But when people see this will lead us to a fundamental reform of mendous experience for me to know influence of money, they become very the system that most Americans think that in this body, that people assume is cynical. is broken. And I think we have that obso partisan, that these kinds of experi- Mr. President, it also has a lot to do, ligation. I would like to work with all ences do and can occur. unfortunately, with representation or of my colleagues and any of them on So I want to thank him at this point, lack of representation. I remember this issue. But I greatly fear that un- and I look forward to working with during the telecommunications bill— less we do this, unless we embark on him on this issue. and I am not trying to pick on any this very difficult effort, the American The PRESIDING OFFICER. Does the group of people—but the reception people will lose further confidence in Senator from Wisconsin yield the room was packed with people. Some us and their system of government and floor? people just march on Washington every the way we select our leaders, whether Mr. FEINGOLD. I do yield and re- day, they are lobbyists or others, they it be a Presidential campaign or any serve the remainder of my time. represent a lot of big money, they other. The PRESIDING OFFICER. Who make big campaign contributions. So, I think it is an important issue, yields time? I have to say, when we talk about and I think the Senator from Wis- Mr. FEINGOLD. Mr. President, how low-income energy assistance, which I consin had the right to see at least much time do I have? think we will be talking about, cuts in what the will of the Senate is here. The PRESIDING OFFICER. The Sen- low-income energy assistance or nutri- Maybe his motion will be tabled. I do ator has 5 minutes 20 seconds. tion programs for children, whatever, not know. But the fact is that we need Mr. FEINGOLD. I yield 4 minutes to you never see that mix of money and to get about addressing this issue, and the Senator from Minnesota. politics. Those citizens are just as we proved in the last few years that we The PRESIDING OFFICER. The Sen- much citizens as any group of citizens cannot do it on a partisan basis. It has ator from Minnesota has 4 minutes. having the same representation. I to be on a nonpartisan basis. Mr. WELLSTONE. Mr. President, I think something is terribly wrong. So, Mr. President, I have introduced Mr. President, I thank my colleagues am very pleased to be an original co- bills in the past, I have introduced a and I want to thank whoever worked sponsor of this amendment with the bill this Congress, offered amendments, out the agreement for this time agree- Senator from Wisconsin and the Sen- and have given enough speeches about ment and the tabling motion to give ator from Arizona. As I understand the the need for campaign finance reform. I the Senator from Wisconsin an oppor- amendment, it really says nothing say to the Senator from Wisconsin, I tunity to get a vote on this issue as to more than we should, during this Con- am proud to be part of this effort. I what the will of the Senate is. gress, take up this issue of campaign fi- think we ought to pass this bill, and we Mr. FEINGOLD. Will the Senator nance reform. It is an extremely rea- ought to pass it this Congress. I think from Arizona yield for a question? sonable amendment, one I think that it is the strongest and most important Mr. MCCAIN. Yes; I will be glad to should engender the support of Demo- thing we can do. yield to the Senator from Wisconsin. crats and Republicans. I also have to tell you, Mr. President, Mr. FEINGOLD. Let me, first of all, A very good friend of mine who is that from my own point of view—Mr. ask the question and say that I fully going to be leaving the Senate, PAUL President, how much more time do I agree with the Senator from Arizona SIMON, wrote a book not too long ago, have? and I had a chance to read a rough that it certainly would not be accurate The PRESIDING OFFICER. The Sen- to assign to only one party the blame draft. The first chapter was on cam- ator has 20 seconds. on this issue. In fact, in my comments paign finance reform. I said to the Sen- Mr. FEINGOLD. May I intervene here I indicated that this thing went down ator, ‘‘That should have been the first to say to the Senator from Minnesota, last session not just because of a Re- chapter, because this is really the root if he will yield for a moment, the Sen- publican filibuster but also, I think, be- issue.’’ ator from Arizona has some additional cause of substantial Democratic oppo- I think it is the root issue and really time which he has indicated he will be sition in the other body. That has to be the root problem for several reasons. I willing to yield to the Senator from said. There have been many different only have 4 minutes today, but we will Minnesota, if the Senator wants more analyses of what happened on Novem- be coming back to this over and over time. ber 8, but I ask the Senator from Ari- again, because I think we are going to Mr. WELLSTONE. I thank the Sen- zona if he does not think in part the insist on this reform during this Con- ator from Wisconsin. I think probably 5 problem of the Democrats had to do gress. minutes more will be fine. with the failure to reform this system First of all, it is a root issue, Mr. Mr. FEINGOLD. Mr. President, I ask when they were in control? President, because I think, in a way, unanimous consent that 5 minutes of Mr. MCCAIN. I agree with my col- this mix of money and politics, which the time of the Senator from Arizona league on that. But I also think there really becomes the imperative of be given to the Senator from Min- is no doubt that on both sides of the American politics, if you will, this nesota. aisle there was such a strong pref- money chase, it undercuts democracy The PRESIDING OFFICER. Without erence for the status quo that clearly and it undercuts democracy for two objection, it is so ordered. The Senator the issue was not given the priority reasons. from Minnesota has 5 minutes of the that it deserved, which I think was the First of all, it undercuts the very time of the Senator from Arizona. primary reason for its failure. I will idea that each person in Colorado, Min- Mr. WELLSTONE. I thank the Sen- say, it was a bipartisan failure as well. nesota, Washington, or Florida should ator from Wisconsin. Mr. President, I reserve the remain- count as one and no more than one, be- I say to my colleague from Wis- der of my time. cause that is not really what is going consin, I view all of these reform ef- Mr. FEINGOLD. Mr. President, I will on any longer to the extent that big forts—the gift ban and lobbying disclo- take a moment of my time. I want to money has such a dominant influence sure, which we take up on Monday, and comment, in light of the comments of in politics. the campaign finance reform—to be the Senator from Arizona. I have only Second of all, it undercuts democracy just critical measures, because I think been here 21⁄2 years, but I have never because it represents corruption, but people have to believe in this process seen a greater demonstration of bipar- not the corruption of individual office- or they are not going to believe in the tisanship and courage as I have seen on holders, but rather a more systemic products of this process.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10362 CONGRESSIONAL RECORD — SENATE July 20, 1995 I think people feel that politics has yearn for a political process they can speak out on the important issues of become a game they cannot play. I believe in. What better thing could we the day. I commend the Senator for the think people feel like this is a political do than to take up campaign finance amendment, and I urge its adoption. process that does not represent them reform, along with gift ban and lob- Mr. FEINGOLD. I thank the Senator. well. I think people feel like only a few bying disclosure, and pass a reform bill As I look at Senator MURRAY and the people are well represented in politics. of which all of us can be proud. Senator from Minnesota, I know we We have to make our political proc- Mr. FEINGOLD addressed the Chair. were all serious candidates. But we ess more accountable, more honest, The PRESIDING OFFICER. The Sen- know that among the things that got more open, with more integrity, and I ator from Wisconsin. attention were things like Senator cannot think of a better way to do it Mr. FEINGOLD. I ask unanimous MURRAY’s tennis shoes and I had a blue than to take strong action and pass a consent that I may be yielded such van with an Elvis Presley ‘‘endorse- comprehensive gift ban and lobbying time as I may require, on the time of ment.’’ The Senator from Minnesota disclosure bill next week—I know we the Senator from Arizona. had a green bus. I think those were fine are going to have spirited, long, hard, The PRESIDING OFFICER. Without and they had to do with a serious proc- tough debate about that—and, in addi- objection, it is so ordered. ess that was connected with it. I do not tion, pass this campaign finance reform Mr. FEINGOLD. Mr. President, I think it should be necessary for some- bill sometime this Congress. Again, the thank the Senator from Minnesota. He body to just happen to hit the right only thing this amendment says is we and I have worked together on many moment and right sense of the people should take this up. issues. We sat down, as he indicated, in in their State. We ought to be able to Mr. President, I will make one final the beginning of this Congress and list- get our message out with fairness and point. I am now up for reelection. I was ed a couple of our top priorities of what equality. so hoping we could pass a campaign fi- we would like to see happen here. At As I look at the Senators, I want to nance reform bill. I absolutely hate the the very top of the list was our shared compliment the Senator from Wash- system and the way in which we have belief that if there is anything that ington in helping us get this agree- to raise money. I think almost every needs to be changed in this country, it ment. She is trying to get this appro- single Senator does. is the way we finance campaigns. Three priations bill approved. She is man- I said in Minnesota, and for several Members of this body, including the aging it for the Democratic side. We years, I will only raise $100; if nothing Senator from Minnesota, myself, and did want to get this on other bills, as changed, I will have to raise money to the Senator from Washington, Senator we indicated. We thought there were run against other people. With all the MURRAY, did get elected even though perhaps slightly more appropriate ve- ads on TV, communications becomes we were not Members of Congress and hicles, such as the telecommunications the weapon of electoral conflict and all were not personally wealthy. But we bill. This is where you get the daunting of us end up having to do that. all know we are the exceptions to the nature of the task and the discourage- But, quite frankly, all of us ought to rule. ment of candidates. If you look at the get together in a bipartisan way once Mr. WELLSTONE. How does the Sen- contributions in the report of Common and for all to pass a reform bill that ator know that I am not personally Cause on the telecommunications bill, really would, I think, make this polit- wealthy? among the levels of contributions to ical system operate in a much more ef- Mr. FEINGOLD. I saw the recent re- Members of this body from groups in- fective way, not just for Democrats and ports on the Members of the Senate. volved with that bill, one Senator re- not just for Republicans, but for all the You were not high on the list. I regret ceived $273,000. Many others received in people in this country. I think that is to say that neither was I. the one hundred ninety thousands and critically important. Mr. WELLSTONE. I stand corrected. in the one hundred seventy thousands. We have gone through this debate be- Mr. FEINGOLD. We all had cam- There are over 20 people who got over fore and, quite often, any time there is paigns that people watched. Do you $100,000 in campaign contributions in any kind of campaign finance reform know why? Because we were not sup- connection with that issue. bill, people say, even if there is a min- posed to win, because of big money. We thought that would be a good bill imum amount of public money—maybe Even though we happen to be sitting to do it on, but people urged us to let we can do without any—even if there is here and it is a wonderful thing to have that bill alone. Now the regulatory re- a minimum amount, people say this is this opportunity, there are thousands form bill—that is the one on which I food stamps for politicians. and thousands of Americans as well spent a lot of time here trying to at- It is not. The elections do not belong qualified as any one of us who decided tach it to. I heard one Senator in this to the politicians, they belong to the not to get into the fray because of the body say that in the 23 years he has people back in our States. I think the money, because of the absolutely been here, he has never seen the busi- Senator from Arizona is absolutely on daunting nature of the amount of ness community more unified on an the mark when he says that one of the money that is required to run for the issue. That is sort of good news and bad strong messages that has come from U.S. Senate. news. Of course, we all want to be people—it came in the 1990 election in Mrs. MURRAY. Will the Senator probusiness when we can, but when you Minnesota; it came in the 1992 election yield? have complete unanimity in the busi- the Senator from Wisconsin was in- Mr. FEINGOLD. Yes. ness community, I think sometimes volved in; and the 1994 election—is peo- Mrs. MURRAY. I compliment the you have to take a look at the other ple want to see change, people want to Senator on his amendment that comes side, and what people who might be af- see reform. before us today and for his persever- fected by it would do. The report of So, Mr. President, I hope that all of ance on this critically important topic Public Citizen, again, shows enormous my colleagues will vote for this amend- of campaign finance reform. levels of contributions, Senators re- ment. This amendment just says we Let me just say that I agree with ceiving over $300,000 in contributions make a commitment to bring this you. We need more people running for from the interests in that issue, and question up. We make a commitment, office in this country. We need the best many others in the $200,000 or $100,000 Democrats and Republicans together, and the brightest. It is indeed a sad category. That is just an interest relat- to introduce a bill and to pass this leg- note that people decide not to run, not ing to that one particular bill. So we islation. I think this amendment ought to be here, simply because the decided to use this bill as a vehicle to to receive 100 votes because, quite daunting task of raising millions of make this simple statement. I believe, frankly, I think that is the sacred trust dollars overwhelms them. That is not, Mr. President, that this is the begin- we have of people in our country. They to me, what this country is about or ning. want us to make this change. They what democracy is about. People often say, what is the point of want more democracy, not less. They Until we reform the campaign fi- a sense-of-the-Senate resolution? Well, want more opportunities for people to nance laws and level the playing field, what we are trying to do, as the Sen- run for office. They want more open- we are not going to get back to a point ator from Arizona knows, is to try to ness in the political process. They that allows everyone to be here and to take the first step. You have to take

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10363 the first step, which is to get every- care a thing about politics and never I think also we need to keep our eye on body on record either for or against the contributed a nickel to anyone. We the ball. A lot of these other issues do concept of campaign finance reform. It cannot do that, because we cannot get not mean a great deal to the American is regrettable that we are a quarter of the votes on the other side. people, too. the way through the 104th Congress We have welfare reform to take up. It AMENDMENT NO. 1805 and we have not even taken that first will take a long time. I just suggest (Purpose: To stop the practice of hiring step. that this may be a matter of great pri- elevator operators for automatic elevators) But I hope today, when the tabling ority with a few Members of the Sen- Mr. BROWN. Mr. President, I rise to motion is made, that the Members con- ate. It does affect all Members. We can offer an amendment and ask for its im- sider what the view of the people of all reach down and find some horror mediate consideration. this country is. I am confident that stories. The PRESIDING OFFICER. The whether you are Republican or Demo- In fact, we could go to the White clerk will report. crat, the American people are gen- House if we had $100,000—I think that is The legislative clerk read as follows: erally disgusted with the way these the going rate to do business with the The Senator from Colorado [Mr. BROWN], campaigns are financed. Perhaps the President—$100,000. They have different proposes an amendment numbered 1805. California Senate race was the most packages for different people of dif- The amendment is as follows: extreme example. When you tell some- ferent economic circumstances. That On page 3, line 26, add at the end the fol- one that a person spent $28 million of does raise eyebrows, when people say, lowing, ‘‘The account for the Office of Ser- his own money trying to get elected to ‘‘I have to see the President. It is geant at Arms and Doorkeeper is reduced by the U.S. Senate, they really wonder $100,000’’—I guess that is per couple. $10,000, provided that there shall be no new whether they have anything to do with That is only $50,000 apiece. elevator operators hired to operate auto- the process at all anymore. How can Maybe that is what the people have matic elevators. they possibly even dream of running in mind here. I assume this would Mr. BROWN. Mr. President, this for the U.S. Senate if that is the kind apply to the executive branch as well budget that is brought to the floor, I of ante that is required? as the Congress. There are excesses. think, deserves commendation of all of So, Mr. President, I reserve the re- There are people who get elected with- the Members. This is an extraordinary mainder of my time and yield the floor. out a lot of money. I am finding out departure from past policies. It in- The PRESIDING OFFICER. Who right now in the Presidential race, the volves literally a 16-percent cut that yields time? worst part of the job is trying to raise the President had requested for funding The Chair informs the Senator from the money. I do not ask people for for Congress, and virtually a 9-percent Wisconsin that he has 2 minutes 55 sec- money. I will not call people. I will not real cut, actually a little over that, onds remaining. make telephone calls. I do not like to 9.13-percent real cut, over what we Mr. FEINGOLD. Mr. President, I do that. I do not mind somebody else spent in the past year. yield back the remainder of my time. asking, but I do not like to ask. I am not aware of any Congress that Mr. MACK. Mr. President, I suggest In any event, this may have some has taken such dramatic action in the the absence of a quorum. merit, but with all the other things we history of our country, to reduce its The PRESIDING OFFICER. The have on our plate, and with part of the expenditures. Certainly in terms of dol- clerk will call the roll. August recess already slipping away, I lars that have been cut from the budg- The legislative clerk proceeded to know this says ‘‘by the end of the 104th et, this has to be the all-time record call the roll. Congress,’’ and it seems to me that it winner. I think the distinguished chair- Mr. DOLE. Mr. President, I ask unan- will be even more difficult next year man and the ranking member deserve a imous consent that the order for the because then we are in an election great deal of credit for bringing this quorum call be rescinded. year, when everybody wants to be in- kind of proposal to the floor. The PRESIDING OFFICER. Without volved in politics, politics becomes the It reflects a sincere and real interest objection, it is so ordered. focus of a lot of people. in coping with some of our problems Mr. DOLE. Mr. President, I have lis- Mr. President I move to table the un- with regard to the budget. It does it in tened to the debate on this issue. The derlying amendment, No. 1803, and I a very important way. It does it by set- debate has not changed. I came to the ask for the yeas and nays. ting an example. conclusion years ago that we are never The PRESIDING OFFICER. Is there a It not only talks about reducing going to get campaign finance reform sufficient second? There is a sufficient spending, but it proposes a budget for if we leave it up to the two parties, be- second. the Senate itself that reduces spending. cause there is always the case that the The yeas and nays were ordered. That, I think, is the critical key ele- party in the majority will obviously The PRESIDING OFFICER. Under ment, if we are to have credibility in try to fix it to suit them and make it the previous order, amendment No. 1803 trying to deal with our budget prob- a little better for the majority than is set aside until 2:30 p.m. today lems. It is no secret to anyone here members of the minority. Mr. DOLE. Mr. President, I will just that this country has the biggest def- That has been true in the past, and I conclude, we are making some icit of any nation in the world. It is no assume it will be true today. In fact, I progress. I think the American people secret here that this country has the suggested a number of times that we are probably happy that now the laws biggest trade deficit of any nation in have a commission of outsiders with no we impose on them also apply to Con- the world. It is no secret here that we ax to grind to take a look at campaign gress. We have done that this year. have one of the lowest savings rates of finance reform. I guess that is pretty That was a big step in the right direc- any major industrialized country in much what Speaker GINGRICH and tion. It probably means we will not the world. President Clinton suggested to each pass so many crazy laws because they The American people believe it is other up in New Hampshire. now also apply to Congress. long past time we ought to face up to In any event, it seems to me that On Monday, we will take up gift ban these problems. So this budget that is with all the things we have yet to do in reform and lobbying reform. We will for the Senate itself sends an impor- this Congress, and certainly campaign overhaul that. We are also considering tant message. It sends an important finance reform is important, we have a constitutional amendment later on message, not because we are the big- regulatory reform right now. It means this year to limit terms of Members of gest part of Federal spending, it sends a lot more to most families than cam- the House and the Senate. a very important message because we paign finance reform. It costs each It is not that we are not aware that set an example. You cannot say one family about $6,000 per year, and we are some of these things, I think, cry out thing and do another, and that is what about 2 votes short of getting 60 votes for action. We are addressing more, in has been the problem with so many to move on regulatory reform. It is this first year, than we have addressed past Congresses. They talked about much more important than campaign in the years past. We will continue to deficit reduction, but each year they finance reform. We are taking money try to make improvements, so that the increased spending and they increased out of someone’s pocket. They may not American people understand that. But spending on themselves.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10364 CONGRESSIONAL RECORD — SENATE July 20, 1995 So I look at this budget with great as this, how can they believe that we policy by the new Sergeant at Arms. I admiration for the fine people who intend to reduce the deficit by hun- think this amendment will help affirm spent long hours to try to find real sav- dreds of billions of dollars? The answer that very significant effort. ings, and they have done it. is they will not. And the answer is, it The PRESIDING OFFICER. Is there There is one item that I think de- is important Americans believe that we further debate? The Senator from serves attention and it is included in have a new Government and new com- Washington is recognized. the amendment that I brought forward. mitment and a new willingness to deal Mrs. MURRAY. Mr. President, I, too, It does not call for the dismissal of any with problems. will not object to accepting this elevator operators, but it does suggest Is this a small item? Of course it is. amendment. Let me just add, I concur that we should not hire new ones. As But the symbolism is terribly impor- with the manager of the amendment, elevator operators on the automatic tant. Senator MACK, who I think has done an elevators retire, this measure con- I yield the floor. outstanding job working with the dif- templates that we would not replace The PRESIDING OFFICER. The Sen- ferent departments. The Sergeant at them. I think it is important. Some ator from Florida, [Mr. MACK]. Arms did come back with a 14.5-percent will say, ‘‘Oh, come on,’’ but I believe Mr. MACK. Mr. President, the Sen- cut. They are definitely going to be it is very important because we have to ator from Colorado has gained a tre- looking at how they can do that in the set an example. If our efforts to deal mendous reputation over the years for coming months when we will see the ef- with the deficit are to have any credi- his efforts to reduce Federal spending, fect of that. It is, I think, difficult for bility at all, we have to be willing in and I compliment him on that. I was us to micromanage them from this our own House to set the example. interested in his comments about hav- point, but I am willing to accept this How do the American people respond ing ‘‘every confidence that Members amendment. when they hear we hire elevator opera- can push the buttons on the automatic Let me at this point say, in doing so, tors to operate automatic elevators? I elevators.’’ That was an unquestioned I also want to send my compliments to will tell you, real people think it is level of confidence. It has been a long our current elevator operators, whom I nuts. Real people, who work for a liv- time since I have heard that level of think many of us do not take the time ing every day, real people who have to confidence in our colleagues. But I ac- to say ‘‘thank you’’ to so often. They pay the tax bills every day, think it is cept that comment. are always kind and courteous and effi- ludicrous for us to have people push I would say to the Senator, I am pre- cient. I appreciate the fact that they the buttons for us. pared to accept the amendment but it find me in the crowds. I know that is Over the years I have heard almost does, in fact, go counter to the ap- not a problem that some of the other every kind of excuse for hiring patron- proach that the committee has taken Members have. age employees to operate the elevators. with respect to reducing the expendi- But they are always here, they are I must tell you, it is my perception the tures of the Federal Government, par- always smiling, they are on time. I major reason this phenomenon occurs ticularly the Congress, the legislative think oftentimes when we have amend- is, first, because people did it in the branch. We had a very significant re- ments like that, it is seen as a slam on past, and, second, because many of quest, if you will, or directive given to some people who are doing a very effi- these positions are patronage. us, to reduce the legislative branch cient job, and, I think, one that we do Over the years, I have heard people budget by over $200 million, which, in not say ‘‘thank you’’ for, often enough. talk about how critical it was to get fact, we have accomplished with about here on time for votes and that having $41,000 to spare. We accomplished that, So let me take this opportunity to the elevator operators was a key ele- however, not by having the committee thank them for the job that they do for ment in that. I have no doubt that the try to find every item throughout the all of us. people who say that are sincere. I must legislative branch that any of us, or ei- THE PRESIDING OFFICER. If there tell you, I think it is bunk. If people ther of us, thought was important to be no further debate, the question is on want to get here for votes on time, cut. I will say to my friend and col- agreeing to the amendment. they come. We do not have elevator op- league that I think it is more impor- The amendment (No. 1805) was agreed erators in the office buildings. We do tant that we give a direction, or a di- to. have elevator operators on the ele- rective, to the individuals responsible Mr. MACK. Mr. President, I suggest vators reserved for Senators, and that for the various functions of the legisla- the absence of a quorum. may be a different question for a dif- tive branch, indicating to them what The PRESIDING OFFICER. The ferent day. But those seem to operate we think they should do as far as a clerk will call the roll. just fine. total is concerned, and ask them to, in The bill clerk proceeded to call the I have every confidence that every essence, make the best judgment about roll. Member of the Senate is capable of how to reach that goal. I believe with Mr. SPECTER. Mr. President, I ask pushing the buttons to move the eleva- our having taken that approach, we unanimous consent that the order for tor from the bottom floor to the second have been successful in our effort. the quorum call be rescinded. floor in order to arrive here in time for The Sergeant at Arms was given a di- The PRESIDING OFFICER (Mr. votes. I have every confidence they are rective of a reduction of 12.5 percent. INHOFE). Without objection, it is so or- able to push the button from the sec- The Sergeant at Arms came back with dered. ond floor, to push the B button to get a little bit over 14 percent, and should AMENDMENT NO. 1806 down to the basement. To suggest be complimented for that achievement. Members of this body cannot move (Purpose: Expressing the sense of the Senate But as I indicated a moment ago, regarding war crimes in the Balkans) through the elevators without elevator even though I have a different ap- Mr. SPECTER. Mr. President, I send operators on automatic elevators is ab- proach in bringing about significant re- a resolution to the desk and ask for its surd. ductions to the legislative branch, I am immediate consideration. But more important, there is a very prepared to accept the amendment. important point that Members should Mr. BROWN addressed the Chair. The PRESIDING OFFICER. The consider with this. If we are not willing The PRESIDING OFFICER. The Sen- clerk will report. to eliminate elevator operators on ator from Colorado. Mr. SPECTER. Mr. President, I ask automatic elevators, what kind of con- Mr. BROWN. Mr. President, I would that it be modified to be put in the fidence can this country have if we are be remiss if I did not note that our new form of an amendment to the pending going to deal with $200 billion to $300 Sergeant at Arms has done a very ad- bill. billion deficits? What kind of belief can mirable job. He has already cut the The PRESIDING OFFICER. Without they have that we are going to stick number of elevator operators from 20 objection, it is so ordered. with a budget plan that lasts 7 years? If to 10, and saved over $118,000 in this fis- The clerk will report the amendment. we are not willing to make even a mod- cal year. So I would not want a mo- The bill clerk read as follows: icum of effort to control spending in ment to pass without recognizing what The Senator from Pennsylvania [Mr. SPEC- our own house, on an item as frivolous I think is a very dramatic change in TER] proposes an amendment numbered 1806.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10365 Mr. SPECTER. Mr. President, I ask Mr. SPECTER. Mr. President, this the world as forcefully as possible. It is unanimous consent that further read- amendment is being offered so that the my hope that the President of the ing of the amendment be dispensed Senate will have an opportunity to ar- United States will speak out on this with. ticulate a forceful condemnation of the subject, and that the President of the The PRESIDING OFFICER. Without war crimes and crimes against human- United States will use the forcefulness objection, it is so ordered. ity, committed by all sides in the con- of the bully pulpit of the White House The amendment is as follows: flict in the Balkans, particularly the to acquaint the American people with At the appropriate place insert the fol- Bosnian Serbs, so that the Senate will what is occurring. lowing new section: have an opportunity in the final anal- We have seen confirmed reports of SEC. . (a) FINDINGS.—The Congress finds ysis to condemn the policies and ac- the Bosnian Serbs rounding up young that— tions of the Bosnian Serb President, (1) war and human tragedy have reigned in men, 11 and 12 years of age, and slitting the Balkans since January 1991; Radovan Karadzic, and the Bosnian their throats and placing them in (2) the conflict has occasioned the most Serb military commander, Ratko heaps. We have seen the photographs in horrendous war crimes since Nazi Germany Mladic, and urge the special prosecutor the public press of young Moslem and the Third Reich’s death camps; in the International Criminal Tribunal women from Bosnia going into the (3) these war crimes have been character- for the former Yugoslavia to expedite fields and hanging themselves because ized by ‘‘ethnic cleansing’’, summary execu- the review of evidence for their indict- tions, torture, forcible displacement, mas- that kind of suicide is preferable to the ment for such crimes. kind of brutality which is being in- sive and systematic rape, and attacks on I had spoken on this subject gen- medical and relief personnel committed flicted by the Bosnian Serbs. We have mostly by Bosnian Serb military, para-mili- erally on Tuesday evening following seen the active reports from the safe tary, and police forces; the introduction of the resolution by havens of the United Nations which (4) more than 200,000 people, mostly Bos- our distinguished majority leader call- have been invaded by the Bosnian nian Muslims, have been killed or are missing for lifting the arms embargo so Serbs, taking away elderly women, ing, 2.2 million are refugees, and another 1.8 that the Bosnian Moslems may have an million have been displaced in Bosnia; taking away elderly men, committing opportunity to defend themselves. the most atrocious kind of conduct. (5) the final report of the Commission of I support the action of the majority Experts on War Crimes in the Former Yugo- I am not going to take a great deal of slavia, submitted to the United Nations Se- leader in urging the adoption of that resolution. It seems to me that the time here today, with the pendency of curity Council on May 31, 1995, documents the other legislation. But I would cite more than 3500 pages of detailed evidence of mission of the U.N. forces in Bosnia war crimes committed in Bosnia; has been a mission impossible when just a couple of examples which are il- (6) the decisions of the United Nations Se- they are charged to keep the peace lustrative: curity Council have been disregarded with when there is no peace to keep. U.N. The Bosnian Serbs going to a Moslem impunity; forces ought to be withdrawn so that victim and cutting off two fingers of (7) Bosnian Serb forces have hindered hu- they can no longer be held hostage and manitarian and relief efforts by the United each victim’s hand so as to make the Nations High Commissioner for Refugees, so that then the Bosnian Moslems may sign of the cross; and then they cut the the International Committee of the Red have an opportunity to defend them- prisoner’s nose and ears off; and finally Cross, and other relief efforts; selves under article 51 of the U.N. Char- cut their throats, causing death. (8) Bosnian Serb forces have incessantly ter, and that there may be appropriate Another example, a woman hiding in shelled relief outposts, hospitals, and Bos- help from the United Nations, NATO, nian population centers; a barn with her husband and two young and the United States by way of mas- daughters, ages 13 and 7. Five Chet- (9) the rampage of violence and suffering in sive airstrikes. But there has not been Bosnia and Herzegovina continues unchecked niks, Serbian paramilitaries, find and the Untied Nations and NATO remain a condemnation of the action of the them, beckon the father over, and in unable or willing to stop it; and Bosnian Serbs by this body, and I think the sight of his two young daughters (10) the feeble reaction to the Bosnian that is very important. and wife, brutally murder him with a tragedy is sending a message to the world The conduct of the Bosnian Serbs has gun without his having uttered a word. that barbaric warfare and inhumanity is to been on a level of brutality and inhu- be rewarded: Now, therefore, be it manity which has been virtually un- In the presence of an elderly woman, (b) SENSE OF THE SENATE.—It is the sense paralleled at least since World War II, the husband is accosted by Bosnian of the Senate that the Senate hereby— and the nations of the world have stood Serbs, as they were fleeing, slicing his (1) condemns the war crimes and crimes by and have watched these atrocities throat right in front of her, causing against humanity committed by all sides to death. the conflict in the Balkans, particularly the and ethnic cleansing go on without a Bosnian Serbs; and denunciation of this kind of conduct. Mr. President, I ask unanimous con- (2) condemns the policies and actions of Hopefully, the International Crimi- sent that examples be admitted into Bosnian Serb President Radovan Karadzic nal Tribunal will ultimately bring to the RECORD, without going through and Bosnian Serb military commander justice all of those involved up to and them in detail at this moment which Ratko Mladic and urges the Special Pros- including the highest levels. While the chronicles and specifies the kinds of ecutor of the International Criminal Tri- Western democracies articulate values bunal for the Former Yugoslavia to expedite blatant atrocities which are being per- the review of evidence for their indictment of decency and humanity, we have sat petrated by the Bosnian Serbs. for such crimes. back and have watched this atrocious There being no objection, the mate- (3) It is the sense of the Senate that the conduct unfold. rial was ordered to be printed in the Special Prosecutor for the International There is little left of dignity and RECORD, as follows: Criminal Tribunal for the Former Yugo- honor or basic human dignity in what slavia should investigate the recent and on- has gone on in Bosnia, and at the very EXAMPLES OF WAR CRIMES OR CRIMES going violations of international humani- minimum this conduct ought to be con- AGAINST HUMANITY IN THE FORMER YUGO- tarian law in Bosnia and Herzegovina. demned in the most forceful possible SLAVIA (4) The Senate urges the President to make all information, including intelligence infor- terms, which is what this resolution EXAMPLE 1 mation, on war crimes and war criminals calls for. I have introduced it for that purpose The Final Report of the Commission of Ex- available to the International Criminal Tri- perts to Investigate War Crimes in the bunal for the Former Yugoslavia. and to speak briefly on some of the un- Former Yugoslavia reveals the existence of (5) It is the sense of the Senate that the derlying factors. I have told the man- 150 mass graves containing between 5 and President should not terminate economic agers of the bill that I would not insist 3,000 bodies and over 700 detention facilities sanctions, or cooperate in the termination of on a rollcall. There is no reason to take in which, up until March 1994, an estimated such sanctions, against the Governments of an additional 20 minutes of the Sen- 500,000 persons were imprisoned, murdered, Serbia and Montenegro unless and until the tortured, and raped. President determines and certifies to Con- ate’s time to have what would most gress that President Slobodan Milosovic of probably be a unanimous vote. The estimated number of tortured persons Serbia is cooperating fully with the Inter- However, these are matters which is over 50,000. national Criminal Tribunal for the Former ought to be called to the attention of The estimated number of raped women is Yugoslavia. the American people and the people of over 20,000.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10366 CONGRESSIONAL RECORD — SENATE July 20, 1995 The Serb policy of ethnic cleansing in- . . . I saw seven of the boys with their throats their index fingers at my husband and beck- cluded total forceful transfer of civilian pop- cut, and two others hanging from a tree.’’ oned him toward them. One of the Chetniks ulations from Serb controlled areas in fla- The same night, Serb soldiers reportedly shot him without ever having uttered a grant violation of international humani- abducted three women, ages 12, 14, and 23. word. tarian law as well as the destruction of pub- When the three returned several hours later, Mr. SPECTER. A summary, Mr. lic and private property, including religious they were naked and covered with scratches President, was contained in the final and cultural heritage. and bruises, and the two youngest were All of the above constitute war crimes and bleeding from the assault. At dawn, the 14 report of the Commission of Experts to crimes against humanity and could even rise year-old ‘‘slipped off to the side. She took a Investigate War Crimes in the Former to the level of genocide. scarf she had with her, tied it around her Yugoslavia. That report specifies the EXAMPLE 2 neck and hanged herself from a beam.’’ existence of some 150 mass graves con- Wednesday morning, the Serbs ‘‘took The camp commanders.—Zeljko Meakic: taining between 5,000 and 3,000 bodies about 15 women. When the women started to A. Complicit in the killing of, and in the each, and 700 detention facilities where scream, the Chetniks [Serb soldiers] covered causing of serious bodily or mental harm to, up to 300,000 persons were imprisoned, their mouths and dragged them away. We and in the deliberate infliction of conditions murdered, tortured, and raped; with left the factory on buses a few hours later of life on, Bosnian Muslims and Bosnian and by the time we left none of the women tortures estimated at some 50,000, and Croats people, intending to bring about their had come back.’’ (New York Times, July 17, rapes estimated at some 20,000. physical destruction as a national, ethnic or 1995) And I will further call attention, Mr. religious group President, to the fact that in the pro- B. Held individually responsible for the EXAMPLE 7 crimes committed by his close subordinates Thousands of thin and exhausted Bosnian ceedings in the international criminal (deputies and shift commanders) and by the Muslim men have begun pouring into Tuzla tribunal for the former Yugoslavia, guards who regularly and openly killed, after being missing since the fall of that Bosnian Serb commanders are raped, tortured, beat and otherwise subjected Srebrenica a week ago. being held responsible for atrocities. In prisoners to conditions of constant humilia- One soldier told of seeing a father shoot his the case of two of the commanders, tion, degradation, and fear of death. badly wounded son when he could carry his they were held responsible for the acts C. Personally beat the prisoners upon ar- child no farther. of their subordinates, which gives rise rival with batons and other weapons Others said they saw comrades commit sui- to an expectation that officials at the D. Kicked one prisoner who was tortured in cide during the long walk by pulling the pins the chest. on hand grenades and holding them to their highest level may be held responsible in the International Criminal Tribunal. EXAMPLE 3 necks or by standing next to them as they exploded. Mr. President, it is a difficult matter Zoran Zigic and Dusan Knezevic ordered ‘‘There were dozens and dozens of dead bod- as to how far the United States and prisoners to drink water like animals from ies on my trail.’’ puddles on the ground, jumped on their NATO can go in assisting the Bosnian U.N. High Commissioner for Refugees said backs and beat them until they were unable Moslems. I have said on this floor that about 19,000 of Srebrenica’s 42,000 residents to move; as the victims were removed in a I am opposed to the use of ground still are not officially accounted for. (Ga- wheelbarrow, one of the Serbs discharged the forces in that arena. It is an open ques- zette-Montreal, July 18, 1995) contents of a fire extinguisher into the Another U.N. official relayed the following tion as to whether other support can be mouth of one of the victims. account: ‘‘One woman told us that her hus- given, such as heavy bombing, which EXAMPLE 4 band was grabbed by the Bosnian Serbs as could perhaps bring about a balance of Dusan Tadik and others: Belonged to a they were fleeing Srebrenica and they slit power between the Bosnian Serbs and group of Serbs from outside the camp, who his throat right in front of her. She said she the Bosnian Moslems, giving the Bos- called on one day prisoners out of their saw the bodies of at least eight other men nian Moslems an opportunity to defend rooms, severely beat them with various ob- whose throats had also been cut. themselves. But there are a wide range jects and kicked them on their heads and EXAMPLE 8 of options. bodies. After one of the four prisoners was A report from the Bosnian War Crimes beaten, two other prisoners were called on I believe that if the people of this Commission in 1992 claimed that since the and ordered by a member of the group to lick country understood the intensity of beginning of the war, at least 260,000 people his buttocks and genitals, and then to sexu- the barbarism which is going on, when had passed through concentration camps and ally mutilate him; one of the two covered you have acts like cutting off ears and prisons set up by the Serbs while 10,000 peo- the prisoner’s mouth to silence his screams, ple had been killed in them. cutting off noses, slicing the throats of and the other bit off the prisoner’s testicle. young boys, and have the brutal con- EXAMPLE 9 This prisoner and two other died from the at- duct leading young women to hang tack; the fourth one, who was severely in- The Report described the mutilation and themselves rather than be subjected to jured, was thrown onto the back of a truck torture of men, women and children by with the dead and driven away. Serbs: ‘‘One account . . . claims that Serbian the atrocities from the Bosnian Serbs, there might well be a different public EXAMPLE 5 fighters burned alive elderly people who refused to leave their homes and forced moth- reaction. And there might well be a dif- Most recently, in the wake of the fall of ers to drink the blood of their murdered chil- ferent leadership reaction if the Presi- Srebrenica, there are numerous accounts of dren.’’ (The Daily Telegraph August 3, 1992) new Serbian cruelty: throats slit, women dent would speak out to the Nation as raped before women and children were EXAMPLE 10 a whole, using the force of his bully packed on buses for a mass ethnic deporta- One candidate for prosecution would be pulpit. Some people watch C–SPAN 2 tion. Gen. Ratko Mladic, the commander of Ser- and some people hear and see what we Twenty-year-old woman made her way into bian forces in Bosnia and Herzegovina. are doing. But it is too hard for people a grove of trees near the refugee camp at Mladic was the Yugoslav Army commander to follow the atrocities that are occur- night and hung herself. in the Serbian-controlled area of Knin in ring, too hard for people to follow the Hundreds of men were reportedly killed by Croatia before being transferred to Bosnia to fine print in all the newspapers to see Serbs and thousands taken away for inves- head army forces there. Following the tigation of ‘‘possible war crimes.’’ army’s nominal withdrawal from Bosnia, he exactly what is going on. But if the One refugee reported that the buses car- stayed on as Serbian commander and was people of America were aware of what rying the Muslims were stopped outside overheard on Serbian radio frequencies dis- is going on, I think there would be Srebrenica and Serbs took young men and regarding subordinates who questioned artil- widespread public outrage, just as out- women off. ‘‘They made us watch while they lery attacks on the residential neighborhood rage has been expressed by this Sen- cut the men’s throats and raped the women.’’ of Velesice in Sarajevo because of the num- ator and others on this Senate floor. (New York Times, 15 July) ber of Serbian residents there. ‘‘Burn it all,’’ So it is minimal, but I think the EXAMPLE 6 Mladic instructed his troops, ordering them least that we can do, to express our to shell the area with the heaviest weapons In Potocari, where there was a U.N. base to in the Serbian arsenal: 155-millimeter howit- outrage and to have the voice of the which many refugees fled, there were ac- zers. (The Nation, August 31, 1992) Senate speak out in condemning the counts of Bosnian Serb soldiers coming into EXAMPLE 11 action of the Bosnian Serbs, con- the factories were refugees where spending demning the action of the Serbian the night. Zerina Hodzic’s account of what happened ‘‘They took some young boys with them, to her husband is typical: I was hiding in the President Radovan Karadzic and the kids who were probably between 12 and 17 barn with my husband Rifet age 35 and our Serbian military leader Slobodan years old. Later we heard screaming outside. two daughters ages 13 and 7. Five Chetniks Milosevic, and asking the special pros- . . . On Wednesday morning we went outside. Serbian paramilitaries found us and pointed ecutor of

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10367 the tribunal to review the issue of in- work for significant change in the way able to work successfully to change the dictment, that if we will not act di- business is done.’’ rules of the Senate, but I have joined rectly in a military sense, that at least Of course, as you do in a political with my colleagues in an effort, suc- we will put those people on notice that campaign, when somebody says that to cessfully, to term limit chairmen, at what they are doing will not be ig- you, you say, ‘‘Why, of course you have least those who are Republicans.’’ nored, and will be subject for criminal my pledge that I really will work to see If I may be allowed a slightly par- prosecution at a later date, by analogy that that is done.’’ tisan note, Mr. President, I hope that to the Nuremberg war trials. The day When I arrived here in January of will be the case for many years to of reckoning may come, and those lead- 1993 and suggested term limits for com- come; that is, that all of the chairs of ers and all those that can be identified mittee chairs, I found a very inter- all of the committees will be Repub- will face the death penalty in a court esting circumstance. Among my fellow licans for at least as long as I serve in of law for their acts of brutality in freshmen Senators, one of whom is on the body. In that case, our failure to Bosnia today. the floor here today, there was great change the Senate rules will not make I yield the floor. sympathy, there was great agreement: any difference. Mr. BENNETT addressed the Chair. Yes, we need to limit term limits, if I think the Republican conference The PRESIDING OFFICER. The Sen- you will, the time of committee chairs. needs to be congratulated for taking ator from Utah. Among the freshmen Republicans, we this step. It demonstrates a willingness Mr. BENNETT. First, let me com- had unanimity on that issue. But there to allow those of us who are newcomers mend my friend from Pennsylvania for were only six of us. And we were told more of an opportunity to hold posi- his leadership on this issue. I was un- when you have been here a little tions of responsibility perhaps sooner aware that the Senate did not yet issue longer, when you understand how the than would otherwise be the case. It al- a statement of the denunciation of system works a little better, you will lows for fresh ideas and fresh ap- these kinds of atrocities. I agree with not be quite so zealous to call for the proaches to come into the system more him absolutely that it is time we did term limits of committee chairs. openly than would have been the case so. And I appreciate what he has done Well, when I went back home, I found if we had stayed with the old rule. here today. myself hoping people did not ask me, There is still much that I would like Mr. President, I ask unanimous con- ‘‘What have you done to carry out your to do in the name of congressional resent that I might be allowed to proceed campaign pledge to see to it that there form. If I could sit down and write the as in morning business. would be some structural reform in the rules all by myself, I would change a The PRESIDING OFFICER. Without way the Senate does its business?’’ lot of the rules around here, and I have objection, it is so ordered. When I did get asked, I would say, ‘‘I introduced a bill to do that. At the mo- f am trying.’’ And then when they pressed for details, I would say, ‘‘Well, ment, it has only attracted a single co- TERM LIMITS I am in concert with all my fellow sponsor. That is one of my fellow fresh- Mr. BENNETT. Mr. President, if I freshmen’’—the Republican six, as we men. Maybe I could work to get an- may be allowed a moment or two to became finally, with the addition of other 10 names or so on it, but I recognize the reality of this place. It is speak personally, I would like to refer KAY BAILEY HUTCHISON—‘‘We are work- to events that took place in the Senate ing hard.’’ And my constituents would going to take a little more time and yesterday and tie them back to my begin to get that look on their face maybe, Mr. President, another election campaign, which is fast fading into that says, ‘‘Yeah, we heard that before. or two before we start some of the fun- memory, but some portions of which You’re going to try to do something damental restructuring of the Senate are pretty firmly etched in my memory but, in fact, nothing is really going to rules that I would like to see happen. as I am sure is the case with everyone change, and the longer you are back But I am delighted that we have not here. there, the more you are going to be- waited for those elections to take place During the campaign, one of the come part of the system and every- and for that time to come. In the Re- issues that was raised continually by thing is going to stay the way it’s al- publican conference, we have moved my constituents was the issue of term ways been.’’ with dispatch and, I may say, a large limits, because they said they had the There was another election that took majority. I do not want to leave the feeling that the system was so unre- place. The distinguished occupant of impression that the decision to term sponsive back here in Washington that the chair was part of that, and instead limit committee chairs was a close one something had to be done structurally of 6 Republican freshmen, all of a sud- and that those of us who are freshmen to shake it up. Knowing a little bit den we had 11 Republican freshmen. or sophomores had a difficult time win- about the Senate and the way it And added to the 6, that gave us 17, ning a very narrow victory. As we worked, I suggested to some of my con- which constituted a sufficient block of made our case, our more senior breth- stituents that while we debated the the Republican conference that all of a ren, and on occasion sister or two, de- overall issue of term limits, which sudden we were being listened to in cided we were right and the vote was probably will require a constitutional ways we had not been when there were not close. The vote was 38 to 15 saying amendment, there was something else just 6 of us. we will, in fact, recognize the call that that could be done quickly without a Mr. President, as you well know, yes- is out there among the American peo- constitutional amendment that could terday the Republicans had a marathon ple to bring the procedures in this body change the character and perhaps free session talking about the way things up to date with modern approaches and up the way things are done in the Sen- should be structured in the Republican opening it up so that those who do not ate. Specifically, I suggested to my conference. And out of that session want to make a full-time career out of constituents that it would be a good came an action which I applaud wholly; service in the Senate but simply come thing if we limited the terms of com- that is, the Republicans have agreed to here for a term or two, will, in fact, mittee chairs in this body so that term limit the chairmanship of a Sen- still have the opportunity to receive someone who assumed a committee ate standing committee. I wish we leadership assignments and represent chair would not assume the posture of could amend the rules of the Senate their constituents in that cir- divine right in that circumstance and itself so that it was written into the cumstance. then stay there forever and ever, dis- Senate rules and had the protection of When people talk to me about the pensing whatever favors or power goes the two-thirds requirement so that it overall issue of term limits, I tell them along with that assignment. could not be altered, except by a subse- in my case, you do not have to worry My constituents liked that and in- quent vote of 67 Senators. I do not about it. At my age, term limits are deed many of them said to me as they think we can do that. I do not think built in. Some say to me, ‘‘Well, look came to me in the closing days of the the votes are on the floor to do that. at the senior Senator from South Caro- campaign, ‘‘We are going to vote for But I can now, with a clear con- lina. Maybe you will be here 20 or 30 you but we want your personal pledge science and a smile on my face, say to years.’’ If that is the case, I will be in when you get there you really will my constituents: ‘‘I may not have been my nineties, and I think I would rather

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10368 CONGRESSIONAL RECORD — SENATE July 20, 1995 do something else than serve in the have people here who have been in the we are operating with a budget right Senate at that age. real world. now that is less than the budget that So, Mr. President, I appreciate the I got to thinking about the argu- we are spending on social welfare pro- indulgence of the Senate in allowing ments, since I was the one who programs, when we combine State and me to make this comment, allowing posed term limits many, many years Federal programs. We are operating on me, if you will, to crow a little to my ago. When I was running for office, I a defense budget that is less than it constituents back home over the fact stated I would do everything I could— was in 1980, when we had hollow forces, that we have taken this first step that the same as the Senator from Utah when we could not afford spare parts. I did pledge to work toward while I was said he would do everything he could— We all remember. It is all in the his- in the election, and express my satis- to see to it that the terms of leadership tory. Yet, some believe that the threat faction and gratitude to my fellow would be limited. I made that same that is out there today is greater than members of the Republican conference commitment to continue the effort to the threat that we were facing during for this decision. limit terms. the cold war. With that, Mr. President, I suggest I observed something when I was first At least during the cold war, Mr. the absence of a quorum. elected to the U.S. House of Represent- President, we could identify who the The PRESIDING OFFICER. The atives. I have to say, Mr. President, enemy was. There were two super- that I am a truly blessed individual. I clerk will call the roll. powers. So we knew who it was. decided 35 years ago, when all my kids The assistant legislative clerk pro- Right now, in accordance with com- ceeded to call the roll. were grown and the runt of my litter was out of college and off doing her ments made not by conservative Re- Mr. INHOFE. Mr. President, I ask publicans, like I am, but by Democrats, unanimous consent that the order for thing, that I would do what I always wanted to do and run for Congress. Jim Woolsey, who is the Chief Security the quorum call be rescinded. Adviser to the President of the United The PRESIDING OFFICER (Mr. BEN- That happened in 1986. When I arrived in Congress, I found States, Bill Clinton, said that we know NETT). Without objection, it is so or- there are between 20 and 25 nations dered. something that shocked me. That is, that the prevailing ideas and mentality that have developed or are developing f of those who are in power in Congress weapons of mass destruction. They are THE 1994 ELECTION MANDATE was totally alien to what people out- all developing the means to deliver those weapons of mass destruction. We Mr. INHOFE. Mr. President, I sat side the beltway thought. have the Saddam Hussein’s and the Qa- presiding in the chair listening in- For example, I categorize the think- dhafi’s, and those out there able and tently as the Senator from Utah talked ing of Congress, the majority of Con- willing to buy technology that is on about the mandate, as he understood gress who are making the decisions, the market. it, when he was elected to the U.S. Sen- who are setting the agenda, who are ate in 1992. carrying on the debate, into four cat- Here we are, with a group of people As one who was elected 2 years later, egories, what they really believe. First, who really believe that there was not in 1994, that mandate was not quite the in terms of crime, they really believed any threat out there, when the vast same. It was interesting that those in- that punishment was not a deterrent to majority of the people of America who dividuals who are talking about term crime. In the second area, they be- voted in the elections in November of limits did not really address the fact lieved that government, in concert 1994 said, ‘‘Yes, we need a strong na- that we have a problem, in that we with Congress, can run the lives of the tional defense.’’ have the same leadership within each people of America better than people Government and its relationship to party in the U.S. Senate, as they were could in the private sector. They be- our lives in 1987, when I first got to the concerned about the term limits of in- lieve that the cold war is coming to an U.S. Congress, the majority of people end. Of course, subsequently it was dividuals serving in the House and in in leadership really believed that the ended, and therefore it is not necessary the Senate. only thing wrong with America was we to put more money in our Nation’s de- Maybe it is unique to my State of did not have enough government regu- fense. That money should go into so- Oklahoma that we had such an intense lation. We needed more government cial programs. They felt that deficit interest in the fact that people should regulation. When, in fact, that is ex- spending is not bad public policy. come here as citizens, serve for a pe- actly what is the problem. When we stop to think about those Why did these individuals believe riod of time, and then go home and four areas, almost everything, at least serve under the laws that they passed. these things? They believed these that this Member, former Member of things because many of them had come It seems as if the term limits debate the House experienced, found very of- has become very silent now. I have de- straight from the fraternity house to fensive, fell into one of those four cat- Congress—never been out in the real cided that one reason is that they felt egories. People felt, as far as the def- if we had such a turnover, as we had in world, never exposed to real people. So icit is concerned, they said, ‘‘Well, we they completely lost touch. both Houses of Congress this last time, are all right on the deficit. We are not That is what precipitated what I maybe people do not think that there concerned about that. After all, we owe refer to as the revolution of November is a need for term limitation anymore. it to ourselves,’’ without realizing ev- 8, 1994, when we had the greatest turn- But I saw a poll that was taken yester- erything we are spending today we are over in contemporary history. People day. I saw the poll that was taken last borrowing not from anyone who is here finally decided, whether they are week, and I was shocked to find out in this Chamber today or in the gal- Democrats or Republicans, back in the that 72 percent of the American people lery, or even those who may be watch- real world, that they wanted to make have very strong feelings about lim- ing, but the future generations, such as iting the terms in which Members of my three grandchildren. They are the major changes in government as we the House and Members of the Senate ones who will pay for all this fun we know it. can serve. are having up here. Here we are with the reregulation I did not expect this because I have Every time we try to cut some of the bill that is right now kind of on high heard so many people around the belt- fat out of government, cut a social pro- center. All we are trying to do is say to way—which is not really real Amer- gram, the people stand up with bleed- the people who voted in new people in ica—say we do not need it anymore being hearts and talk about how can we Congress, ‘‘Yes, we heard you, loud and cause we know now that we can flesh do this to those poor people who need clear. We are going to get rid of this things out and get new blood. these programs. Right now, we are in overregulated society.’’ I think that the poll, as it was inter- the middle of, and we are reminded Someone on a radio talk show not preted, says that people like what hap- that all we are trying to do is take the long ago, in fact, the No. 1 radio talk pened on November 8, 1994, but they are profit out of illegitimacy, and get peo- show in America, the host said if you not real sure that they want to wait 20 ple more responsible for their own acts. want to compete with the Japanese, ex- years for the same thing to happen Insofar as the defense is concerned, I port our regulations to Japan and we again. We are, indeed, better off to am embarrassed to stand here and say will be competitive with the Japanese.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10369 We truly are an overregulated soci- not have experience in the real world, Let us look at what they were really ety. I have told this story many times, that they honestly did not believe that saying. He said school prayer was an people that I know back in my State of punishment was a deterrent to crime. issue in southeastern Oklahoma— Oklahoma. A guy name Keith Carter, Senator RICHARD SHELBY, from Ala- school prayer, gays in the military was in Skiatook, OK, invented a spray that bama, and I introduced a bill that an issue, and gun control was an issue. you put on horses, and apparently it would change our prison system and During deer season, they closed works. Whatever it does, it must work, put the work requirements back in. schools. These are real people. These because he had four employees, and a People say, ‘‘How cruel can you be, be- are not the kind of people you find couple years ago they moved to a larg- cause these people are poor products of around the beltway. And this gets right er place down the street from his society, and it is not their fault they back to the whole idea of term limits. house, still in Skiatook, OK. He called did something that is wrong. You I really, honestly, believe in my me up, 4 days before Christmas—this should not be punishing them.’’ heart that we would not have a lot of was 2 years ago—and he said, ‘‘Con- There is an article, Mr. President, the problems that we have had since gressman INHOFE’’—at that time I was you ought to read. It was in last No- the 1960’s about the role of Government in the House of Representatives—he vember’s Readers Digest. It says, ‘‘Why in our lives, we would not have the said, ‘‘The EPA came along and put me Must Our Prisons Be Resorts?’’ And it huge deficits we find ourselves with—if out of business.’’ I said, ‘‘What did you talks about the new golf courses that we do not change our spending behav- do wrong?’’ they are putting in next to the polo ior, a person who is born today is going ‘‘When I moved down the street 2 field, or next to the boccie courts. to have to spend 82 percent of his or years ago, I forgot to notify Wash- Whatever that is. And how we are her lifetime income just to service ington and the EPA that I had moved.’’ going to have to take care of—they do Government. And this is what we are I said, ‘‘You mean they did not know not even call them prisoners anymore going to change. where you were?’’ He said, ‘‘I notified in some prisons, they call them clients, So I believe the term limit debate is the regional office, but they did not because they do not want to offend going to be revived again, even if I am tell Washington.’’ them. the one who has to revive it, because I So we got it taken care of. He called I may be old fashioned in my think- think the vast majority of Americans back a little later, and he said, ‘‘I ap- ing. I think punishment has deterred honestly and sincerely in their hearts preciate all you did for me, and you got crime. I think history showed that. believe that those of us in Congress me back in business, but now I have When we passed the soft-on-crime bill, should someday have to go out and another problem. I have $25,000 worth the omnibus crime bill of 1994, that was make a living under the laws we of bottled spray produced during the 2 the midnight basketball and dancing passed. The only way to ensure that is weeks I was revoked that they say I lessons and all that, the American peo- if we have limitation of terms. cannot use.’’ ple were offended by that and those in- Early in this country’s history it was This is the type of overregulation we dividuals who voted for that bill, most not necessary. We had people who came have in society today. I think the re- of them, were voted out of office in No- in and they could only afford to be here regulation bill is going to come out. I vember 1994. It was just another one of for a short period of time. They did think the people of America will have those areas where, if you had been in- their patriotic duty and they went to speak up again and let them know, side the beltway listening to people back and lived with the laws they let Members know, that they are still around here, you forget what the real passed. I think that is exactly what is interested in reducing the abusive role people at home are thinking. Because coming back to America and it is going of government as we have come to it is a different mentality here in to serve my grandchildren and all of know it today. Washington, DC. America very well. Mr. President, term limits is a very I do not think that Oklahoma is Mr. President, I suggest the absence real thing today, and just because we unique in that respect. I will share an of a quorum. made some major turnovers does not experience that will offend, I think, The PRESIDING OFFICER. The mean that we should not continue the some of the people here. But it is some- clerk will call the roll. good thing that happened in 1994. A lot thing that happened to me. The assistant legislative clerk proof people say, ‘‘Well, you cannot do The State of Oklahoma is, by reg- ceeded to call the roll. that; you are taking away my constitu- istration, a very strong Democrat Mr. JOHNSTON. Mr. President, I ask tional right to vote for someone as I State. But the Democrats in the State unanimous consent that the order for see fit.’’ It was not very long ago when of Oklahoma are very conservative. the quorum call be rescinded. we had to impose term limits on the They are unlike the Democrats that we The PRESIDING OFFICER (Mr. President of the United States. And it have here in Washington. I had an ex- INHOFE). Without objection, it is so or- has worked very well since then. perience down in McCurtain County. dered. We could use the same arguments. McCurtain County in Oklahoma, Mr. The Senator from Louisiana. Well, you have taken away my right to President, is what we call severe little Mr. JOHNSTON. Mr. President, I ask vote for someone who has already Dixie. There are not any Republicans. unanimous consent I be allowed to pro- served two complete terms. Almost They are all Democrats. I remember ceed for 10 minutes as in morning busi- every State in the Union right now has being down there in the campaign and ness. term limits on its Governors. The vast my opponent was an incumbent, the The PRESIDING OFFICER. Without majority of the States that have the same as I was, an incumbent from the objection, it is so ordered. petition process, the initiative process, House, both running for the Senate, so f were able to either vote in or through we each had records. an initiative and impose term limits on I remember someone standing up in a THE REGULATORY REFORM BILL themselves. However, the U.S. Supreme meeting of about 45 people in Mr. JOHNSTON. Mr. President, I Court came along and said, ‘‘No, you McCurtain County. I was the only Re- want to give my colleagues a report on cannot do that.’’ So it can only be publican who was in that room that the regulatory reform bill as I see it. done, to be effective and endure the fu- day, including a New York Times re- As of last night, those of us who were ture generations, is to do it with the porter who was following me around. in favor of regulatory reform had pre- constitutional amendment. Someone stood up in far southeastern sented a list of four amendments which I intend to continue in that fight. I Oklahoma, where there are not any Re- we were willing to concede to. In my believe that the message is loud and publicans, and said ‘‘Inhofe, you are judgment, they went further than I clear. There are a lot of messages that going to be the first Republican to would have liked to have gone. One came out of the elections. carry McCurtain County since state- dealt with that issue of least cost. In I mentioned that the majority of peo- hood, the State of Oklahoma statehood the current Dole-Johnston amendment, ple who had been operating without in 1907.’’ I said, ‘‘Why is that?’’ He said, least cost is not the test. We have term limits and have been here since ‘‘Because of the three G’s.’’ He said, made that repeatedly clear. However, they graduated from college and did ‘‘God, gays, and guns.’’ we have offered an alternative that is

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10370 CONGRESSIONAL RECORD — SENATE July 20, 1995 framed in terms of the language that I think we would all be better off if saying this is the public will, to let us the opponents of regulatory reform we went home and campaigned on our decide to hitch up and do it. wished, and we have heard nothing accomplishments than on our rhetoric Twenty years later, as the Senator back from that, at this point, together and on our demagoguery on these from Louisiana well knows, we now use with three other amendments we were issues. twice as much energy in America and willing to go along with. I know the Senator from Louisiana have cleaner air. Is it perfect air? No. As I understand it, those who are op- has labored long and hard on this issue. We still have some air quality prob- posed to the Dole-Johnston proposal He has shown his usual patience. I lems. But instead of the doomsday sce- are urging people not to vote for clo- served as a member of a committee nario that a lot of folks felt we were ture on the grounds that there is this which he chaired and discovered that heading toward with continually de- great negotiation going on that is get- patience in a variety of circumstances. grading our airshed, we have over the ting close. If there is such a negotia- I am grateful to him for his state- last 20 years, even as we have substan- tion going on, I am not aware of it. We ment here today, and want to align tially increased our use of energy, are waiting for an answer and not re- myself with his plea, for whatever we cleaned America’s air. We have cleaner ceiving one. will do on my side of the aisle, to say air and less smog. I happen to feel very I do not know whether the majority let us not hold this as an issue, let us proud of that. I think that is an enor- leader is going to call for another clo- do the very best we can to bring it to mous success story. ture vote or not. At this point, I must a head, get cloture and get this done. Not many people even know it. No say, it appears we do not have the I yield the floor. one will talk about it, because success votes for cloture, which means the reg- Mr. DORGAN addressed the Chair. does not sell. Failure and scandal sells. ulatory reform bill will go down to de- The PRESIDING OFFICER (Mr. Success does not. We have fewer prob- feat. The majority leader, of course, is KYL). The Senator from North Dakota. lems with acid rain. We have cleaner in charge of the schedule, but I am ad- Mr. DORGAN. Mr. President, I was rivers, cleaner streams and cleaner vised that is a busy schedule. interested. As the Senator from Lou- lakes in America now than we had 20 Unfortunately, there are members of isiana began speaking he talked about years ago. That is quite a remarkable the other party who would like the speaking on behalf of those who want accomplishment and achievement once issue of regulatory reform not to pass, regulatory reform. I do want to say I our country decided we were going to to have the issue. There are Members think the Senator from Louisiana is do things the right way. I am enor- on this side of the aisle, I think, who one of the best Members of the U.S. mously proud of that. would like the issue for the opposite Senate, is one of the most thoughtful, I just do not think under any condi- reason. And many of us are in the mid- bright, and interesting Members of the tion we want to retreat on those funda- dle, who fervently believe we ought to U.S. Senate. mental principles. We are fighting for have regulatory reform, that it is one I will say to him, however, that I do clean air, we are fighting for clean of the most wasteful operations of Gov- not think there is a division in this water, and we are fighting to maintain ernment that we now have, that we body between those who want regu- a safe food supply. All of those things have an opportunity, really to do some- latory reform and those who do not. I are important. thing important, something that will am someone who supports the Glenn- I join the Senator in his concern really make sense out of the regulatory Chafee substitute. It is in my judgment about trying to streamline regulations problems we have today. a legitimate, serious substitute that with regulatory reform. The desire for I very strongly believe that. I have will in and of itself create substantial regulatory reform, I think, is shared by very strongly believed in regulatory re- regulatory reform. virtually every Member of this body. form for 2 years now, since the Senate So I really do not think this is a The division at the moment is a divi- initially passed, last year, by a vote of question of a group of people who want 94 to 4, a risk-assessment proposal. sion between those of us who want to things just the way they are, and who do this in the manner described in the Now, when we are on the threshold of love the status quo with all current being able to get it done, unfortunately Glenn-Chafee substitute versus those regulations. It is not the case. Most it appears it is going down the drain, who want to do it in the manner de- Members of the Senate, I believe, feel mainly by arguments against the Dole- scribed in the Dole-Johnston sub- very strongly that there are some Gov- Johnston bill which are simply not cor- stitute. ernment regulations that are silly, rect; some of which, by the administra- I just took the floor in order to say that are intrusive, that are totally in- tion, are made disingenuously, in my that I think there is a uniform desire appropriate, and that simply over- view. here to do the right thing with respect To say the test is least-cost under whelm for no good cause a lot of Amer- to regulations. We do not in any event the Dole-Johnston bill is just not true. icans who are trying to run small busi- want to roll back the regulations that It is there in very plain language, very nesses, or big business for that matter. have allowed us to achieve significant plain language. Nevertheless, I think We want to change that. victories in the last 20 years with re- we will probably, if I read the majority But we also care very much about spect to clean air, clean water, and safe leader correctly, have another cloture important, good regulations that work. food. That is what I think the real devote; and failing in that, which I guess I know the Senator from Louisiana bate is about. we will, it will be farewell to regu- does as well. He has heard me describe So I appreciate the thoughts of the latory reform. That is a real shame. before the circumstances with respect Senator from Louisiana. I wanted to And I do not understand the opposition to the Clean Air Act. The Senator was rise to make that point. to this bill. describing the other day circumstances Several Senators addressed the If there are amendments that need to in which I believe it was EPA was de- Chair. be made, let us know about them. scribing the kind of approaches here on The PRESIDING OFFICER. The Sen- There is nothing, nothing, zero, going regulations as a result of popular pub- ator from Louisiana. on, in terms of trying to resolve this lic opinion or public opinion polls. I un- Mr. JOHNSTON. Mr. President, I will question. It looks as if it is a lost derstood what the Senator was saying. stand corrected—this is not against cause, and I regret that. On the other hand, in the 1970’s those who are against the bill as op- I yield the floor. America woke up and decided as a re- posed to those who are for it. I think The PRESIDING OFFICER. The Sen- sult of a new consciousness with Earth the Senator from North Dakota cor- ator from Utah. Day and other things that we cannot rectly states that it is those who are Mr. BENNETT. Mr. President, I want keep spoiling the nest we are living in, for the Glenn-Chafee bill and those who to take this occasion to commend the that we have to stop polluting the air are for Dole-Johnston bill. The dif- Senator from Louisiana for his leader- and start cleaning the air, that we ference is that many of us regard the ship on this issue, and assure him that have to stop polluting the water and Glenn-Chafee bill as being a permissive this is one Senator who agrees. I do not start cleaning our water. If that was bill; that is, it permits the agencies to want it held as an issue. I want it as an the public will, I applaud EPA, and engage in regulatory reform but it does accomplishment. others, and applaud the Congress for not require them to do so. Whereas,

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10371 Dole-Johnston does. We are operating reform. Our fear is that this bill in its lem with the many new petition proc- under an Executive order now that on current form is going to result in the ess. We are working on that. I think its face requires it, but actually does agency being so swamped with peti- the Senator from Louisiana agreed a not require it. And if we are talking tions and having to respond to so much couple days ago at least on reasonable about a permissive kind of bill, in my judicial review that they simply can- alternatives. Where it says ‘‘reasonable view, that is what we have now. not do what they were intended to do, alternatives,’’ I believe his suggestion To be sure, it has resulted in great which is protect the health, the safety, is to limit those alternatives that the advances forward. Look, all of the laws and the environmental concerns of agency has to consider to three or four. for which we voted—I voted for all of Americans. This is a major issue. We have not all these, the Clean Air Act, the Clean Now, I do not know how many times agreed on that yet, but I think we can Water Act, et cetera—have made some we have to say it. There are stupid make major steps forward. great advances. And if you want to agency rules in existence. I am con- Now, on automatic repeal of a sched- keep the present status quo, I would fident that people of good faith can sit ule for some rules, I think we are pret- say the thing to do is vote for Glenn- down and identify them. There are ex- ty close on that. We still do not agree Chafee. Glenn-Chafee will not pass, in cesses where agencies have even on a third area, though—on special in- my view. I just think it is unfortunate reached beyond the stated intent of a that this is being painted as an ongoing statute. terests, such as including the toxics re- negotiation. That is not what we are here to do. I lease inventory in this bill. Mr. KERRY. Will my friend yield? am confident if we sit down further and That is a major concern. We have Mr. JOHNSTON. Yes. continue to be able to try to reach made substantial progress in a number Mr. KERRY. It is the last comment somewhere between what Senator of areas here, and we have three or four previously made on the floor that GLENN and Senator CHAFEE have put more to go. But the Senator from Lou- helped bring me to the floor, and I forward and what the Dole-Johnston isiana states that we have not gotten thank my friend from North Dakota bill represents, there ought to be a back with an answer yet to a proposal for already responding to some degree, meeting of the minds. last evening. I am sure the Senator and I know the Senator from Ohio is Mr. JOHNSTON. If the Senator will from Louisiana will agree this is very now here. Let me just respond to that. yield, we submitted four major pro- complex legislation. We have been We are perfectly prepared to sit posals and have asked can we clear working on it all morning and are down, and we have been on an ongoing those. Every time there is an argu- going to meet on it this afternoon. basis. Yesterday afternoon, I believe, I ment—yesterday we had an argument got in written form a response to the about whether this is least cost. My So I hope we still continue in good- most recent suggestions that we made friend from Michigan said no because faith negotiations. I think we have with respect to the bill. The principal there is this word ‘‘nonquantifiable.’’ I made a lot of progress, and this is prob- sponsor of the bill is on the floor now. said, ‘‘I have an amendment here to ably as complex a bill and as far-reach- I know he will say that he is not stuck take it out. Would you permit me to do ing for every man, woman and child in in the mud or cement or anything with so?″ this country as anything we will con- respect to the fact that the Glenn- ‘‘Not now.’’ sider in this Congress. Chafee bill in and of itself, in its en- Then there were other speeches back I think we are making progress here. tirety, is somehow presumed to be the to back. We could not take it out. Now, We are about to go to a meeting where only vehicle to pass. We understand we offered four amendments yesterday we are going to talk about some of that full well. Nor are we in a position which I thought were agreeable amend- these very complex issues. We are sup- that is embracing a no-bill strategy. ments. Can we at least have agreement posed to meet at 2:15. And we are nego- We have a lot of folks on our side of the to take those out, to try to improve tiating in good faith. I certainly do not aisle, myself included, who would like the bill on matters that we agree on, read into our processes here anything to vote for regulatory reform, number does not seem to be possible. except good faith on both sides. Mr. KERRY. Let me say to my one, and who are prepared—in fact, So I was a little bit surprised to hear more than prepared —we are already friend—— Mr. GLENN addressed the Chair. the doom and gloom that I heard in my agreed in our negotiations to arrive at The PRESIDING OFFICER. The Sen- office a little while ago, and that is the new decisional criteria. ator from Louisiana has the time. reason I came over to the floor. I think There are some outside who do not Mr. GLENN. Will the Senator yield? we are making good progress on this. want that. But we have agreed that Mr. JOHNSTON. Mr. President, I will There are a number of areas that I cost evaluation and risk assessment yield for a question. think we can agree on, and I hope we are appropriate things in a modern so- The PRESIDING OFFICER. The Sen- can have more before the afternoon is ciety to do to make a judgment about ator from Ohio is recognized. whether or not you are spending more Mr. GLENN. I was surprised in my of- over. money than the benefit you are get- fice to hear practically the death knell Mr. JOHNSTON addressed the Chair. ting. being rung over our efforts to get regu- The PRESIDING OFFICER. The Sen- The problems that remain, however, latory reform. The Senator is aware ator from Louisiana. are significant. When you have 48 Sen- that he sent us a fax last night, and we Mr. JOHNSTON. Mr. President, I ators, obviously going to diminish by 1, are working out the answer to that. wish I could share the optimism of my 2, 3—we all understand how it works Meanwhile, each one of the cloture friend from Ohio. He and the Senator around here. But when you have a suf- votes that we have had have allowed us from Massachusetts are both my good ficient number of Senators still saying to make some progress. We have made friends. I have great respect for their this bill is a problem, and much more a lot of progress on this regulatory re- good faith, for their sagacity in all of importantly, I say to my friend, when form bill. They have offered to sub- you have the President of the United stitute ‘‘least cost’’ for ‘‘greater net these matters. But, Mr. President, it States and his full Cabinet saying in benefits’’—this is an improvement and was my understanding that today we its current form this bill will be ve- if we can write it up properly, we may were going to have our final cloture toed, then there ought to be a legiti- be able to agree to their proposal. ‘‘Net vote and nothing seems to be hap- mate effort here by all of us to legis- benefits’’, as I understand it, is in the pening. It seems, at least it is my view, late in a way that precludes that veto Executive order language. They want that the requests for amendments are or try to reach a reasonableness where to use that language in the decisional in sort of an expanding file; you get the best effort has been made to do so. criteria, and we are willing to consider one and you agree to it, and then 2 or With all due respect, we still have a their proposals. We are making 3 days later it comes back to you as a problem where we are still fighting and progress. criticism of the bill because somehow the Senator knows what it is about. It We have also made progress on litiga- you did it wrong. is about these 88 different standards, tion opportunities and judicial review, It is a complicated bill. It is not that new standards for litigation, and the as I understand it. I believe we agree complicated. It is fairly straight- fact we do not feel we have sufficiently that the final rule will be what is forward. Some of these four amend- made this a bill which will, indeed, be challengeable. We do still have a prob- ments were strike amendments, to

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10372 CONGRESSIONAL RECORD — SENATE July 20, 1995 strike provisions that people disagreed the Senator from Louisiana was accu- cious, make the final agency action ar- with. Now, we ought to do that. We rately just portrayed. And I agree with bitrary and capricious. In most in- ought to say, ‘‘I ask unanimous con- him. stances, it would not be. sent that we strike this.’’ We cannot The Senator just said, ‘‘All you can But the very idea of having risk as- get agreement even to strike the lan- do is make a judgment about the final sessment and cost-benefit analysis is to guage that is used against us. And the rule as to whether or not the final rule find out what the cost is and to make reason is I think because it improves is arbitrary and capricious.’’ I agree the agency focus on science and use the bill and helps get toward cloture. with him. That is the standard we good science. Because, Mr. President, I hope that there is hope, but I do not want. That is what he says he wants. the reason I brought up risk assess- share that hope. That is what he says the bill does. We ment almost 2 years ago was that I When it comes down to the final disagree. We believe that because of found, in the committee I chaired at vote, whenever that is, and this bill the lack of clarification in one para- that time, that they were not using goes down, there will be those who say, graph that in fact the Senator inad- good science, that they were ignoring ‘‘Oh, we were so close.’’ I, for one, vertently is opening up all of the proce- their own scientists, that they did not would just like to say I do not believe dural standards to review. If we will have the foggiest notion what the regu- we are that close. To say that there are simply make clear in the text with the lations were going to cost. 88 ways to appeal or to attack on ap- language we have sought that it is in- In one particular case, it was $2.3 bil- peal, using that logic there are billions deed as he says, not as to the proce- lion dealing with a nonexistent risk, of ways because there is only one ap- dure, but exclusively as to the final and they did not know what it was peal and one standard for appeal. That rule only, without regard to the proce- going to cost. They had ignored their is, is the final agency action arbitrary dure except as it fits into the whole own scientists. Now, that goes on—not and capricious? record, we will solve that problem. every day, not in every regulation. Now, you can use an unlimited num- Now, I ask the President or anybody And, yes, we make some great progress ber of arguments making sense or not listening if that really sounds so unrea- on a lot of these environmental laws. making sense, but those 88 standards sonable. And the problem is that every And I voted for virtually every one. are not standards for appeal. They are time we get to the point of saying, But do not ever think, Mr. President, simply things that somebody can ‘‘Why cannot we codify your intent,’’ because the air is cleaner and the argue. Why not make it 1,000? It is lim- we run into a stone wall. So it makes water is cleaner and all of that, that itless what you can argue to a court. us feel, ‘‘Well, gee whiz, if we cannot there are not great excesses in our environmental regulation system. If you There is no limit. But there is one codify with specificity the stated in- just want to make it permissive, you standard: Was the final agency action tent, which does not serve us anything know, say these are good employees of arbitrary and capricious? when you go to court afterwards, some- the Government and they are doing That is the standard—only one—and thing is wrong here.’’ their job well and the air is cleaner, only one appeal. Now, I say to my friend, he is a very This came out of the Justice Depart- good lawyer. He knows exactly what well, that is fine. If that is what you believe, then you know, business as ment. They produced this long list of will happen. If you go to page 52, line 4, usual is good. It is making progress in 88. If that is the kind of logic that we paragraph 633, there is a requirement here: The agency must use the best one sense. have to face from the Justice Depart- I do not believe that is so, Mr. Presi- reasonably available scientific data ment, there is no hope on this bill, be- dent. I think I can prove it. I think I and scientific understanding. If a cause it defies logic. One appeal and have proven it. one standard. claimant wants to come in with a good Mr. KERRY. I do not disagree with Mr. KERRY. Mr. President, let me lawyer and say the agency did not use what the Senator just said. But he did just answer my friend, if I may. the best reasonably available scientific not in effect answer the problem that I The PRESIDING OFFICER. The Sen- data, and therefore their decision was posed. Now we have language that we ator from Massachusetts. arbitrary and capricious, you have have given to the Senator. The Senator Mr. KERRY. This is an example of opened up each procedural section here has accepted one form of language, but how close but in a sense how far be- to that kind of individual appeal. the Justice Department tells us that cause the 88 standards that are here are And, in addition to that, you have we have not cured the problem we are not currently in the law. In the current procedural requirements that amount talking about. We have given him new law for rulemaking there is one page to that. All we are saying is if you do language which we think cures it. that describes what an agency has to not intend each of these subsections to Mr. JOHNSTON. What is the new lan- do to make a rule. become the basis of that appeal, let us guage that is—— You talk about what this grassroots just say it. If we say it, we have solved Mr. KERRY. Let me point to another revolution is all about in an effort to our problem. kind of problem just to kind of articu- kind of get the process closer to Amer- Mr. JOHNSTON. Well, Mr. President, late, I think, the good faith with which ica and less government; one page is if I may reply to that, what we intend, we are framing some of these issues. the current law. This bill creates 66 what we say very clearly, is that it is There is a rulemaking petition process. new pages of requirements. That is the final agency action that is judged I have agreed, Senator GLENN has more Government. by the standard of arbitrary and capri- agreed, and Senator LEVIN has agreed Mr. JOHNSTON. Will the Senator cious, that the risk assessment and the that all of us think any American enti- yield at that point? cost-benefit analysis will be part of the ty, a corporation, some kind of envi- Mr. KERRY. I would like to finish record. And that any violations may be ronmental group, that feels aggrieved the point. I will be happy to yield for a used solely—we use the word ‘‘solely’’ by a decision ought to have some question on that, sure. advisedly to determine whether that means of redress for that sense of Mr. JOHNSTON. Yes. I was going to final agency action is arbitrary and ca- grievance. They ought to be able to say in the Glenn-Chafee amendment, pricious. come into the agency and say, ‘‘Hey, does it not also have standards? If so, Now, the standard that the Senator wait a minute. This is a crazy rule. We how many new standards? just read, did you use the best science, want you to be able to review this Mr. KERRY. It does not have the may or may not bear on the question of rule.’’ same structure, no. It leaves discretion the final rule being arbitrary and ca- We agree with that. I am sure most to the agency. It does not create 66 new pricious. If it is one of these rules of us would say that is reasonable. We pages of exactly how the rulemaking is where the issue is the quality of the do not want Americans running going to take place. Let me be more science, and if they did not use proper around, companies or individuals, feel- precise to my friend. The struggle we science, but rather subjected the Amer- ing as if there is no path to a legiti- are having is over a couple of words ican public to billions of dollars in reg- mate review. which will clarify the stated intent of ulation, which flies in the face of good What we do not want, Mr. President, the Senator from Louisiana, but not science, then, yes, that violation could is an unlimited Pandora’s box for gam- the written intent. The stated intent of be conceivably arbitrary and capri- ing the system, where one company

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10373 can come in and bring a petition, then For the issuance, amendment or repeal of a Levin Nunn Sarbanes their cohort friend company could rule, for the amendment or repeal of an in- Lieberman Pell Simon terpretive rule or general statement of pol- McCain Pressler Snowe come in and bring a petition, then an- Mikulski Pryor Specter icy or guidance, and for an interpretation re- other company associated in the same Moseley-Braun Reid Thompson garding the meaning of a rule, interpretive industry but not the same could come Moynihan Robb Warner rule, general statement of policy or guid- Murray Rockefeller Wellstone in and bring a petition. Under the re- ance. quirements of the bill—I say to my NOT VOTING—2 There are 14 different things that friend in the chair and others—this is Biden Inouye somebody can come in and just peti- not going to reduce Government. This tion, ‘‘I want this changed.’’ So, the motion to lay on the table is not going to streamline the agency the amendment (No. 1803) was rejected. The agency is then required to grant or process. This is not going to lift the Mr. MCCONNELL. Mr. President, I burden of regulation. It is going to cre- deny a petition and give written notice of its determination to the petitioner with reason- suggest the absence of a quorum. ate far more gridlock than we have had able promptness but, in no event, later than The PRESIDING OFFICER. The before because you are going to take a 18 months afterwards. clerk will call the roll. fixed number of employees with a The legislative clerk proceeded to So all of these requests could come shrinking budget, give them greater recall the roll. in. You have a fixed period of time to sponsibility to answer petitions, great- Mr. DOLE. Mr. President, I ask unan- provide the answer. You have no addi- er responsibility to go to court, to the imous consent that the order for the tional personnel to do it. judiciary, greater responsibility to do quorum call be rescinded. risk assessment, greater responsibility The written notice of the agency’s deter- The PRESIDING OFFICER (Mr. to do cost evaluation. And there will be mination will include an explanation of the THOMPSON). Without objection, it is so determination and a response— less people to do it. ordered. Mr. JOHNSTON. Will the Senator f AMENDMENT NO. 1807 TO AMENDMENT NO. 1803 yield at that point? Mr. DOLE. Mr. President, I send a Mr. KERRY. This is an unfunded LEGISLATIVE BRANCH APPRO- perfecting amendment to the Feingold mandate. My friend from Ohio said PRIATIONS FOR FISCAL YEAR amendment to the desk and ask for its this: ‘‘This is the mother of all un- 1996 immediate consideration. funded mandates.’’ The Senate continued with the con- The PRESIDING OFFICER. The Mr. JOHNSTON. Mr. President, if my sideration of the bill. clerk will report. friend will yield, I have two questions. The assistant legislative clerk read First of all, I have not seen the judicial VOTE ON MOTION TO TABLE AMENDMENT NO. 1803 as follows: The PRESIDING OFFICER. The hour review language. If it has been done, The Senator from Kansas [Mr. DOLE] pro- there may be some progress. of 2:30 having arrived, by previous poses an amendment numbered 1807 to Mr. KERRY. Mr. President, the prob- order, the question occurs on agreeing amendment No. 1803. lem with this is, we are trying to write to the motion to lay on the table Mr. DOLE. Mr. President, I ask unan- one of the most complicated pieces of amendment No. 1803 offered by the Sen- imous consent that reading of the legislation in none of the committees ator from Wisconsin [Mr. FEINGOLD]. amendment be dispensed with. to which the jurisdiction falls. The The yeas and nays have been ordered, The PRESIDING OFFICER. Without committee to which the jurisdiction and the clerk will call the roll. objection, it is so ordered. fell was the Governmental Affairs The legislative clerk called the roll. The amendment is as follows: Committee. They sent us the Glenn- Mr. FORD. I announce that the Sen- Strike all after the word SEC. and insert Roth bill at the time. It came out to us ator from Hawaii [Mr. INOUYE] is nec- the following: ‘‘It is the sense of the Senate 15 to 0. So we did have a bipartisan essarily absent. that before the conclusion of the 104th Con- consensus about how to approach this. I also announce that the Senator gress, comprehensive welfare reform, food Mr. JOHNSTON. Not on the Glenn- from Delaware [Mr. BIDEN] is absent stamp reform, Medicare reform, Medicaid re- Chafee bill. because of attending a funeral. form, superfund reform, wetlands reform, re- Mr. KERRY. No, not Glenn-Chafee. I authorization of the Safe Drinking Water I further announce that, if present Act, reauthorization of the Endangered Spe- said Glenn-Roth. I said Glenn-Roth. and voting, the Senator from Delaware cies Act, immigration reform, Davis-Bacon And the only change between Glenn- [Mr. BIDEN] would vote ‘‘nay.’’ reform, State Department reauthorization, Roth and Glenn-Chafee, I believe fun- The PRESIDING OFFICER. Are there Defense Department reauthorization, Bosnia damentally, is the fact that the sunset any other Senators in the Chamber de- arms embargo, foreign aid reauthorization, is out and there is a minor change or siring to vote? fiscal year 1996 and 1997 Agriculture appro- two. But the other committee, the En- The result was announced—yeas 41, priations, Commerce, Justice, State appro- vironment and Public Works Com- nays 57, as follows: priations, Defense appropriations, District of Columbia appropriations, Energy and Water mittee that has jurisdiction, was com- [Rollcall Vote No. 313 Leg.] pletely bypassed. The Judiciary Com- Development appropriations, Foreign Oper- YEAS—41 ations appropriations, Interior appropria- mittee, as everybody knows from the tions, Labor, Health and Human Services report, barely had an opportunity to Abraham Faircloth Mack Ashcroft Frist McConnell and Education appropriations, Legislative legislate. Bennett Gorton Murkowski Branch appropriations, Military Construc- Now, what did we get? We got a bill Bond Gramm Nickles tion appropriations, Transportation appro- written in back rooms, cloakrooms— Burns Grams Packwood priations, Treasury and Postal appropria- Campbell Grassley Roth tions, and Veterans Affairs, Housing and who knows where—offices. It comes to Chafee Gregg the floor, and now we are trying to Santorum Urban Development, and Independent Agen- Coats Hatch Shelby Cochran Hutchison cies appropriations, reauthorization of the write legislation. So it is difficult when Simpson Coverdell Inhofe Older Americans Act, reauthorization of the you are weighing the impact of each of Smith Craig Kempthorne Individuals with Disabilities Education Act, Stevens these words to do it in an afternoon, D’Amato Kyl health care reform, comprehensive campaign with a Whitewater hearing and a Bos- DeWine Lott Thomas Thurmond finance reform, job training reform, child nia debate and all the other meetings Dole Lugar support enforcement reform, tax reform, and that we go to. It is not a question of NAYS—57 a ‘‘Farm Bill’’ should be considered. bad faith. Akaka Daschle Heflin Mr. DOLE. Mr. President, I ask for Mr. JOHNSTON. Will the Senator Baucus Dodd Helms the yeas and nays. yield. Bingaman Domenici Hollings The PRESIDING OFFICER. Is there a Boxer Dorgan Jeffords Mr. KERRY. Let us look at the rule- sufficient second? making petition process. Here is what Bradley Exon Johnston Breaux Feingold Kassebaum There is a sufficient second. it says: Brown Feinstein Kennedy The yeas and nays were ordered. Each agency shall give an interested per- Bryan Ford Kerrey Mr. DOLE. Mr. President, I yield to son the right to petition. Bumpers Glenn Kerry the Senator from Kentucky. Byrd Graham Kohl So we are opening up to everybody in Cohen Harkin Lautenberg Mr. MCCONNELL. Mr. President, I America the right to petition. Conrad Hatfield Leahy had earlier offered a second-degree

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10374 CONGRESSIONAL RECORD — SENATE July 20, 1995 amendment which listed a variety of by the Republican Conference last De- it deserves a commensurate level of fis- issues that the new Republican major- cember and achieves the goal of reduc- cal support to fulfill its mission. It is ity feels should be addressed in this ing legislative branch spending by $200 important legislation that forms the Congress. Then there was a motion million from the 1995 level. It is impor- cornerstone for the congressional re- made to table the underlying Feingold tant that the Congress set an example form that is taking place in the 104th amendment, which was defeated. for the rest of the country by cutting Congress. Senator MACK was an early I point out there were 41 votes in its own spending first. cosponsor of my mandate relief legisla- favor of the motion to table, therefore Another important feature of this tion and he never waived from his com- against the Feingold amendment. I bill is that it provides an increase of mitment to see it enacted into law. think it is reasonable to assume that, $2.6 million over the 1995 level for the AMENDMENT NO. 1804 WITHDRAWN if there were an effort to force this Congressional Budget Office to enable Mr. DOLE. Mr. President, I ask unan- Democratic agenda item onto this—— that agency to meet the new require- imous consent that amendment No. The PRESIDING OFFICER. The Sen- ments that were created in the Un- 1804 be withdrawn and the vote occur ator will suspend. The Senate will be in funded Mandates Reform Act passed at 4 p.m. on amendment No. 1807. order. earlier this year. Mr. MCCONNELL. Mr. President, I I urge the Senate to adopt this bill So the amendment (No. 1804) was think it is reasonable to assume, given and to avoid offering amendment which withdrawn. the outcome of the Feingold sense-of- would cause the subcommittee to vio- The PRESIDING OFFICER. Is there the-Senate resolution, that any effort late its 602(b) allocation. objection? Without objection, it is so to, essentially, muscle this Democratic I ask unanimous consent that a table ordered. agenda item onto the Republican Sen- relating to spending totals be printed Mr. DOLE. That will accommodate ate would likely be greeted with a fili- in the RECORD. one of our colleagues on the other side buster. But of course that was just a There being no objection, the table and also permit the Senator from sense-of-the-Senate resolution. I sup- was ordered to be printed in the South Carolina to proceed with his pose people can read into it whatever RECORD, as follows: amendment. they choose. Mr. HOLLINGS addressed the Chair. The second-degree that the Repub- LEGISLATIVE BRANCH SUBCOMMITTEE The PRESIDING OFFICER. The Sen- lican leader has forwarded to the desk [Spending totals—Senate-reported bill; fiscal year 1996 in millions of ator from South Carolina. dollars] simply adds campaign finance to the AMENDMENT NO. 1808 whole litany of other issues. It listed a Category Budget Outlays Mr. HOLLINGS. Mr. President, I whole variety of things the Senate authority have an amendment at the desk and I ought to be addressing and simply adds Nondefense discretionary: ask for its immediate consideration. campaign finance to it. Those who feel Outlays from prior-year BA and other actions com- The PRESIDING OFFICER. Does the pleted ...... 206 campaign finance ought to be on the H.R. 1854, as reported to the Senate ...... 2,130 1,981 Senator wish to offer an amendment to agenda of the 104th Congress surely Scorekeeping adjustment ...... the bill itself or to the pending amend- ought to have no objection to the Subtotal nondefense discretionary ...... 2,130 2,188 ment? amendment now before us. Mandatory: Mr. HOLLINGS. If there is no objec- Outlays from prior-year BA and other actions com- Mr. President, I yield the floor. pleted ...... 92 92 tion, to the bill itself. The PRESIDING OFFICER. Is there H.R. 1854, as reported to the Senate ...... The PRESIDING OFFICER. Without Adjustment to conform mandatory programs with further debate? The Senator from Wis- Budget Resolution assumptions ...... ¥2 ¥2 objection, the pending amendment will consin. Subtotal mandatory ...... 90 90 be temporarily set aside, and the clerk Mr. FEINGOLD. Mr. President, I sug- will report. gest the absence of a quorum. Adjusted bill total ...... 2,220 2,278 The bill clerk read as follows: The PRESIDING OFFICER. The The Senator from South Carolina [Mr. clerk will call the roll. Senate Subcommittee 602(b) allocation: Nondefense discreationary ...... 2,168 2,188 HOLLINGS], for himself, Mr. HATCH, Mr. STE- The legislative clerk proceeded to Mandatory ...... 90 90 VENS, Mr. ROBB, Mr. LIEBERMAN, Mr. call the roll. Total allocation ...... 2,258 2,278 WELLSTONE, and Mr. KENNEDY, proposes an Mr. DOLE. Mr. President, I ask unan- amendment numbered 1808. imous consent that the order for the Adjusted bill total compared to Senate Subcommittee Strike page 29, line 6, through page 30, line quorum call be rescinded. 602(b) allocation: 20, and insert in lieu thereof the following: Nondefense discretionary ...... ¥38 ¥0 The PRESIDING OFFICER. Without Mandatory ...... For salaries and expenses necessary to carry out the provisions of the Technology objection, it is so ordered. ¥ ¥ Mr. DOMENICI. Mr. President, I rise Total allocation ...... 38 0 Assessment Act of 1972 (Public law 92–484), in support of H.R. 1854, the legislative Note: Details may not add to totals due to rounding. Totals adjusted for including official reception and representa- consistency with current scorekeeping conventions. branch appropriations bill for fiscal tion expenses (not to exceed $5,500 from the year 1996. Mr. KEMPTHORNE. Mr. President, I Trust Fund), $15,000,000: Provided, That the rise today in strong support of H.R. Librarian of Congress shall report to Con- The bill, as reported provides $2.1 bil- gress within 120 days after the date of enact- lion in new budget authority and $2 bil- 1854, the legislative branch appropria- ment of this Act with recommendations on lion in outlays for the Congress and tions bill. I especially want to thank how to consolidate the duties and functions other legislative branch agencies, in- Senator MACK, the subcommittee of the Office of Technology Assessment, the cluding the Library of Congress, the chairman, for his commitment to fund General Accounting Office, and the Govern- General Accounting Office, and the the Congressional Budget Office at a ment Printing Office into an Office of Con- Government Printing Office, among level which will allow the CBO to carry gressional Services within the Library of others. out the duties given them under the Congress by the year 2002: Provided further, When outlays from prior year appro- Unfunded Mandates Reform Act of 1995. That notwithstanding any other provision of this Act, each of the following accounts is priations and other adjustments are The $2.6 million appropriation included reduced by 1.12 percent from the amounts taken into account, the bill totals $2.2 in this bill for CBO provides the nec- provided elsewhere in this Act: ‘‘salaries, Of- billion in budget authority and $2.3 bil- essary funding and staffing to allow fice of the Architect of the Capitol, Archi- lion in outlays. The bill is under the them to perform the cost estimates re- tect of the Capitol’’; ‘‘Capitol buildings, Ar- subcommittee’s 602(b) allocation by $38 quired under the Mandates Reform Act chitect of the Capitol’’; ‘‘Capitol grounds, million in budget authority and less without inhibiting their ability to per- Architect of the Capitol’’; ‘‘Senate office than $500,000 in outlays. form their primary responsibilities. As buildings, Architect of the Capitol’’; ‘‘Cap- I want to commend the distinguished the committee report stated, failure to itol power plant, Architect of the Capitol’’; chairman and ranking member of the ‘‘library buildings and grounds, Architect of do so would create an unfunded man- the Capitol’’; and ‘‘salaries and expenses, Of- legislative branch subcommittee for date within the Congress itself. fice of the Superintendent of Documents, producing a bill that is substantially The Unfunded Mandate Reform Act Government Printing Office’’: Provided fur- within their 602(b) allocation. of 1995 passed both Houses of Congress ther, That notwithstanding any other provi- I am pleased that this bill incor- with the support of more than 90 per- sion of this Act, the amounts provided else- porates most of the changes endorsed cent of the Members in each body and where in this Act for ‘‘salaries and expenses,

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10375 General Accounting Office,’’ are reduced by had a very close vote, and if I had had If we go right to it, I think one of the 1.92 percent. the proxies of absent Members, this principal objections is that the needs Mr. FEINGOLD. Mr. President, will amendment would not be necessary for these studies will not go away. If the Senator yield for just a moment? today. It would have been adopted in each committee crowds in on the tech- Mr. HOLLINGS. I ask unanimous committee and on the bill at the mo- nological needs for information from consent that I may yield to my col- ment. the General Accounting Office, obvi- league from Wisconsin without losing Be that as it may, Mr. President, I ously the General Accounting Office the right to the floor. have now clarified the provisions of will go out and hire all of these people The PRESIDING OFFICER. Without this $15 million. The President’s budget and meet themselves coming around objection, it is so ordered. for the Office of Technology Assess- the corner having in all probability ex- Mr. FEINGOLD. Thank you, Mr. ment is some $22 million, and this con- pended more money. President. I thank the Senator from tinues OTA but levels a 30-percent cut, at a level of $15 million, to be obtained Now, what is wrong? This crowd—and South Carolina very much. I guess I am in on it, too, because I get I just want to briefly comment on from a 1.12-percent cut from the var- frustrated on figuring out where you what we just resolved with regard to ious legislative accounts—the Office of try to save money. I have been through the campaign finance reform issue. the Architect of the Capitol, the Cap- the exercise of freezes, the cuts of I am very gratified by the bipartisan itol Building, Capitol Grounds, Senate Gramm-Rudman-Hollings, a value- vote, very strong vote, including 11 office buildings, the Capitol Power added tax allocated to the deficit and Members on the opposite side of the Plant, the salaries and expenses of the all the other attempts made to get us aisle, against tabling the sense-of-the- Superintendent of Documents, the Gov- in the black. Unfortunately, in today’s Senate resolution with regard to the ernment Printing Office, and a 1.92-per- political climate, individual chairmen issue of bringing up and considering cent cut out of the GAO. We thought, come around and say, ‘‘Well, I have got campaign finance reform during the twofold; one, we could make that a lit- to eliminate something.’’ And more or 104th Congress. It is one of the strong- tle over 1-percent cut across the board, less, if this amendment passes, it would est bipartisan votes we have had on obtain the $15 million, keep OTA in take away a Brownie point from their this floor during this 104th Congress. harness, and otherwise, Mr. President, political resume. Now the majority leader has sug- have a study recommendation made by gested that as a perfecting amendment. the distinguished colleague from Alas- It is easy to go campaign next year In addition to a number of items that ka, who is no longer but served with and say, ‘‘I am for economy, and I got were originally in the Mack substitute distinction as the chairman of the Of- rid of the Office of Technology Assess- that did not include campaign finance fice of Technology Assessment. His ment. That is saving $15 million.’’ reform, they have now offered to in- suggestion was that we have a study on Come on. Two nights ago ABC reported clude in that list—for the first time— how best to consolidate the various on a particular misguided missile, $4 campaign finance reform. It is some- legislative or congressional services billion. You never heard this crowd thing that should be considered during within this segment of the budget and that is fussing about $15 million—we the 104th Congress. save money. took almost 2 hours in the Appropria- Mr. President, this is precisely what There is no question that this amend- tions Committee trying to save $15 mil- we had hoped for, a vote by the Senate. ment not only saves OTA, but it saves lion or trying to sustain the need to I hope, given the fact that it is the ma- money. It is bipartisan. I offer this know of the Members of this Congress. jority leader’s intention to support his amendment for myself, Mr. HATCH, Mr. But they do not talk about that $4 bil- STEVENS, Mr. ROBB, Mr. LIEBERMAN, own proposal, that we will have very, lion. Mr. KENNEDY, Mr. WELLSTONE, and oth- very strong bipartisan support to add ers who support this legislation. We Now, that is where the Congress that to the list. have now solved the problem relative ought to really be working. Do not This is a shift from earlier in the day to the Library of Congress; Dr. come around here to get a Brownie when the proposal by the Senator from Billington—and he is a good friend and point on a political resume about how Florida listed many important items an outstanding librarian—has been we saved and got rid of the Office of but did not include—in fact excluded— doing his homework. Technology Assessment. That is good campaign finance reform. Mr. President, I do not have charts or in the 20-second bite. They will not just So we are extremely pleased that we prepared statements. I agreed to limit say how much they saved and every- will have the vote, another vote in ad- my comments without charts so let me thing else of that kind. But instead dition to the other one that we had, get right to the heart of the matter. they cry in frustration, ‘‘Well, if we with the vote which was very strong, to Back in the Nixon administration, can’t cut this, where can we cut?″ indicate that before we leave here in they abolished the Office of Science the 104th Congress on a bipartisan basis I can give them a list. I voted this Adviser, and at that particular time morning against the space station. I we should reform this terrible system. the various committees were crowding I again thank the Senator from was former chairman of Commerce, in saying we have to learn about this, Science, and Transportation. I do not South Carolina for his courtesy. we have to know about that. We always Mr. HOLLINGS. Mr. President, I like to vote against the space station, referred it to the Office of Science Ad- but I am trying to maintain the space thank the distinguished colleague. I viser. We could depend on it; it had thank the Chair. program. And you see, you learn from credibility. experience. They came forward with Mr. President, this amendment is one They said, let us get together in a bi- to retain the Office of Technology As- the space station at $8 billion. The next partisan fashion, which we did, with al- thing you know it was at $17 billion. sessment. It first occurred over on the ternating between the House and the The next thing you know it was $30 bil- House side. The bill came out of the Senate as chairman, alternating be- lion. We have had four revisions of cut- committee abolishing the Office of tween Democrats and Republicans. We ting it back until all I think we are Technology Assessment but on the have had quite a successful administra- going to get is the booster or the floor the House added $15 million for tion at the Office of Technology As- thruster up in space and we’ll call it a its continuance, taking it out of the sessment. hide of the Library of Congress. One way it saves us money is by hav- station before we get through. On yesterday, Mr. President, at the ing these distinguished boards, advi- Now they have a new angle—that it full appropriations committee markup, sory panels, counseling the Office of is a matter of comity with the Soviets I offered an amendment. I was not Technology Assessment. They are com- and everything else. Fine business. If quite prepared then, and I should be prised of college presidents, heads of we were fat, rich, and happy, a space better prepared at this moment. Yes- the science departments from the insti- station could well be in order. But we terday, I was not quite prepared be- tutes of technology, and others around are broke. This Congress and Govern- cause I wanted to present the amend- the country who give outstanding as- ment around here for 15 years now has ment without cutting the Library of sistance free of charge, counseling on been spending on an average of $200 bil- Congress. The fact of the matter is we the various technological questions. lion more than we are taking in. So we

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10376 CONGRESSIONAL RECORD — SENATE July 20, 1995 are not paying our way, and we have to Do not tell me that we can give ev- Mr. President, if there has been one not just cut; we have to forgo. erything to GAO; we know GAO can do entity that has been hit hard in the Another one, AmeriCorps. I believe in it. That is not true. I worked closely legislative branch for the past 6 years, voluntarism, but I expect it. We had it for years as chairman of the Legisla- it has been the General Accounting Of- when we had Hurricane Hugo. I stood tive Appropriations Subcommittee, fice. Last year, the General Accounting in the rain that weekend, and we working with Elmer Staats and every- Office was hit with $69 million in cuts. counted up volunteers from 38 States thing else. What we had to do was cut This next year, it is $45 million in cuts. that had come around to help us. The out all the term papers that were being It has been cut back about 25 percent, first plane that landed in Hurricane made for high school graduates and ev- and that is a significant cut for the Andrew or whatever it was down there erything over there. They will take on watchdog of Congress. The General Ac- at Homestead was our plane that car- anything to keep the work going. Let counting Office has saved this country ried generators, clean water, and per- us not do that. Let us keep the Office billions and billions and billions of dol- sonnel. We had Spanish-speaking police of Technology Assessment at an eco- lars. And they are now cut back to the officers, and you saw them at Hurri- nomical price and continue it and not point where they have significantly cut cane Andrew in the recovery. No cost abolish it in the political urge to get back on the work that they can do, the to Florida, we sent them down from rid of something here. requests that we make to them that Charleston. I yield the floor. they can meet. The Office of Tech- The people of America believe in vol- Mr. REID addressed the Chair. nology Assessment did 50 major reports unteering, and they will continue to The PRESIDING OFFICER. The Sen- last year, 50 major reports for $22 mil- work to help their neighborhoods. Oh, ator from Nevada. lion. Now, Mr. President, CRS, where it is good to say on your resume I be- Mr. REID. Mr. President, there is no the money was originally to be taken, lieve in voluntarism and I voted for one in the Senate I have more respect an example of a different workload, AmeriCorps. But instead, I withheld for than the junior Senator from the CRS did 11,000 reports last year. my vote. So I have been saving the State of South Carolina. But having The work the OTA does can be done money. said that, I am not sure who would by other agencies. I have had the OTA So do not come around here saying, have won in the Appropriations Com- do work for me. They do fine work. But ‘‘Oh, if we cannot get rid of this.’’ You mittee if all the proxies had been we do not have the ability to have in are not getting rid of it. The need is given. That is something we do not our garage three Cadillacs. We have to there. What you are doing is elimi- know. The fact of the matter is, this start cutting back until we wind up nating the most economical approach, amendment was brought up before the with maybe two Chevrolets, or I should the most technologically adept ap- Appropriations Committee in an effort say a Ford and a Chevrolet, or maybe a proach to this technological need. to remove this, and that amendment Ford and a Chrysler, however you want Now, that is the best statement I can lost. to combine it. But, Mr. President, we make. I note that some of the other Mr. President, I, for 6 years, served cannot have three luxury automobiles Senators want to talk, but I can men- as chairman in the Legislative Branch anymore. All we can have is the Gen- tion some of the examples of where we Subcommittee of the Appropriations eral Accounting Office and all we can save the Government not just millions Committee. And we went through some have is the Congressional Research but billions. very rough times. In prior years, there Service, which the congressional staff The distinguished Senator from Alas- was quite a bit of money to pass depends on around here to meet the re- ka, I do not know whether he can ap- around in the legislative branch. There quests of constituents at home and proach the floor. On yesterday, we came a time when there had been cut- Members of the Senate. Our staffs de- talked about the spectrum auction, and backs in Washington generally, and no pend on the Congressional Research that came out of the Office of Tech- place has it been focused more than in Service. They did not depend on the Of- nology Assessment. And we put it up, the legislative branch. So for my friend fice of Technology Assessment. and in the last 2 years now we have from South Carolina to talk about Now, Mr. President, I say that the brought to the Government $12 bil- going into the black box where all work of the OTA can be done by other lion—not $15 million, $12 billion—from these secret things are, or the A–12, we agencies. The General Accounting Of- those auctions. So here is a money- all know that we cannot do that here fice can do their work. They are not a making entity. today. We are bound by what is in the bunch of accountants. They have sci- Those who are frustrated and say, ‘‘If Legislative Branch Subcommittee of entists there. They call in scientific I cannot cut this, where can I cut?’’ I Appropriations. That is all we can deal panels all the time. We have been told cannot understand those who are com- with. We cannot deal with A–12’s, space in this debate that they have distin- mitted to ignorance. We are trying to stations, or black box matters. We guished boards, advisory panels. Well, find out. We are trying to learn. We, have to deal with what we have in this that is not hard to copy. That is not who have been dealing with the Office very tiny little Appropriations sub- hard to do. The General Accounting Of- of Technology Assessment, study very committee. fice does the same thing. closely and look at their particular And what we have is the fact that we It is interesting to note, in one of the commitments. We just do not take have to cut $200 million from this sub- most scientific matters we have had anything and everything. committee. This amendment will cut before this body in a decade, namely, In fact, all of the requests made are approximately—this—what has been the superconducting super collider, we bipartisan. They come from the chair- done on the subcommittee level takes did not see a word from the Office of men and the ranking members of the approximately $22 million. It is a tre- Technology Assessment on the super- committees themselves. We get way mendous step forward to arriving at conducting super collider—one of the more requests than we respond to and the goals we have to meet. most scientific measures brought be- cannot take on each and every ques- Mr. President, the Office of Tech- fore this body in the last decade. OTA tion that would come. So it comes with nology Assessment is a luxury. It is did not write a report on it. a real need from the Congress itself. something that would be nice to have if I repeat the words of the Senator OTA has responded. It has done a pro- we had lots of money like we used to from South Carolina: If we cannot cut fessional job. There is no criticism in have. But we do not have the money funding for this agency, then we can- this debate about the quality of work. that we used to have, and we have to not cut funding for anything. If this is I am not going to try to overwhelm look someplace to make cuts. The not fat and something that we do not you and bring all the studies and ev- amendment offered in the Appropria- need, then there is not anything we can erything else. But we can get into a tions Committee took the money from do—$22 million in this very tiny little few of them. I am pleased—I have the Library of Congress. Well, it is ob- subcommittee. checked this amendment through with vious that that has not sold very well. The proposed amendment attempts our distinguished ranking member, the And now, there is an across-the-board to keep OTA alive. We do not kill Senator from Washington, and I will be cut, cutting things like the General things around here; we just kind of glad to adjust it. Accounting Office. choke them to death. What we are

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10377 going to wind up doing with all these ator HOLLINGS. I am also expressing my comes to us and we use it to determine budget cuts is having a significant support for preserving the Office of public policy that has a scientific or number of entities, none of which work Technology Assessment. I am not here technological basis. very well—OTA cutting at 25 percent. I to make a case that it be preserved It goes without saying that except respectfully submit to this body that with a certain amount of dollars. I am for a few professionals here and there, the budgets in this Legislative Branch not here to make a case that we main- like a medical doctor or an engineer, Appropriations Subcommittee are tain the status quo. I am not here to there are not very many Members of stretched to the near breaking point. say that OTA can not function with Congress who are experts in technical We have heard a lot about the Li- less people. I am not even here to say and scientific issues. Of course, we brary of Congress and we should hear a that you ought to maintain the Office have our personal staff and we have lot about the Library of Congress. We of Technology Assessment Board, and I committee staff. But our committee have worked very hard to maintain the am a member of that board. staffs lack the time and the expertise structure of the Library of Congress. I am here to say that OTA ought to to do in-depth analysis of these issues. The Senator from South Carolina indi- continue or at least its function as a OTA can do that. cated what they have done in the congressional aid ought to be main- Congress is not made up of a wide House is they said, ‘‘Well, we are not tained. We need OTA because it pro- range of professional backgrounds. going to cut OTA. We will have the Li- vides information so that we can iden- Two-thirds of the Senators are lawyers. brary of Congress do it.’’ What kind of tify existing and probable impacts of Half the House of Representatives, I be- way is that to do business; $16 million technological application. The applica- lieve, is made up from the profession of out of the Library’s budget? That is tion of technology impacts upon a lot law. what they are going to go to con- of public policy that we make in the ference on. That is the House’s posi- Congress of the United States. As I remind you so often, there are tion. That is not the way to run Gov- We need to have a great deal of con- only a few of us in this Congress who ernment. It is certainly not the way to fidence in the information that is are farmers. But I would not rely on run a business. available for changes in public policy my judgment on highly technical and Mr. President, we cannot, in my or the creation of public policy. highly scientific agriculture issues the opinion, having worked on this sub- Before I ever came to Congress, Con- same way that I can rely upon OTA committee for 6 years, continually cut gress saw the need for this sort of in- when they do studies in these areas these entities that make up this Legis- formation. By statute, OTA must se- that are so essential to agriculture. It lative Branch Appropriations Sub- cure unbiased information regarding puts me in a much better position, and committee: The General Accounting the impact of technological applica- my colleagues in a much better posi- Office, cut to the very core. The Gov- tion. tion, to make decisions on agricultural ernment Printing Office cut, cut. We OTA is one of the few truly neutral policy based on science and techno- have significant security needs. We are sources of information for the Con- logical based information. doing our best to maintain those. This gress. In a very real sense, OTA is our Neither the Federal Government nor amendment will take from that. source of objective counsel when it the private sector can do analysis I just do not think it is right that we comes to science and technology and geared to the particular interests of have an entity that did 50 reports last its interaction with public policy deci- congressional committees. OTA can do year—CRS did 11,000, the General Ac- sion making. just that. And it is the smallest and counting Office did hundreds and hun- There are plenty of places for infor- the least expensive congressional agen- dreds of reports. We all recognize there mation in this town, but so many of cy. is no agency that we depend on more these sources of information come OTA is intimately interfaced with than the Congressional Research Serv- from the private sector—and there is Congress through its bipartisan Tech- ice. nothing wrong with the private sector; nology Assessment Board. I am a mem- Mr. President, I respectfully submit, there is nothing wrong with organiza- ber of that board and know something I repeat, that the time has come when tions protecting their own interests, about the operation of it. The board we as Members of Congress have to even if it is in the area of science and does not need to exist just because I make some decisions. We cannot have technology. But if we do not have an am a member of it. everything as we used to. We have to unbiased source of information, then It does not matter whether CHUCK make some cuts. And we can only work we have to rely on organizations with a GRASSLEY is a member of that board or stake in keeping alive programs that with what we have. I repeat: We cannot not; you can eliminate the Board, if go out and look at A–12 airplanes, benefit their interests. Special interests can fund research, you want, but still keep OTA’s func- black box matters. We cannot look at tion. There might be better ways to get space stations. We can only look at that goes without saying. But it seems to me that Congress ought to have an the job done than the way it was origi- what the law allows us to look at. That nally set up. is this Appropriations subcommittee independent source of information rep- that deals with the things that run the resenting all interests in science and OTA works closely with Congress legislative branch. technology. Pretty much the same way through its bipartisan Technology As- I call upon my colleagues to defeat that the subcommittee has made a de- sessment Board. The Board is equally this amendment. In the gesture of what termination that a lot of other agen- made up of Democrats and Repub- we are trying to do around here, to cies that it funds ought to exist be- licans. I have served on this board make a more efficient Government, to cause of their independence. The Gen- since 1987 and I can certify the Board save money, we are going to have to eral Accounting Office is an example. ensures compliance with statutory and eliminate programs, we are going to The subcommittee this year decided procedural requirements for each OTA have to eliminate entities and agencies that the General Accounting Office project. This is a unique governance for around here. That is the only way we should get less money next year than oversight purposes. Other agencies— can do it. We cannot keep everything this year and it that it ought to be like GAO—do not have this special bi- and take a little bit here and a little streamlined and have staff reductions. partisan group overseeing their oper- bit there. We have to start making But that respected organization is ation. major decisions. This is a major deci- being maintained because the sub- I want to assure all my colleagues sion. This involves almost $22 million a committee felt that a postaudit agent, that OTA resources are carefully man- year. that is responsible to the Congress, aged in this bipartisan way, and I can Mr. GRASSLEY addressed the Chair. should continue to exist. certify that the OTA board carefully The PRESIDING OFFICER. The Sen- It is not any different for science and screens for—and most importantly, ator from Iowa. technology. We ought to have an inde- does not allow duplicate work. Projects Mr. GRASSLEY. Mr. President, I pendent source of information, unbi- are not self-generated; they are initi- speak in support of the amendment of ased, not tied to any special interest. ated at the request of congressional the Senator from South Carolina, Sen- The information that OTA provides committees. The committees that have

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10378 CONGRESSIONAL RECORD — SENATE July 20, 1995 requested the most studies are the Sen- That is also an issue regarding the en- Assessment, including one called, ate Commerce, Science and Transpor- ergy independence of our country, for ‘‘Proliferation of Weapons of Mass De- tation; Senate Energy and Natural Re- national security purposes. OTA is struction: Assessing the Risks.’’ sources Committee; Senate Environ- doing very good work on renewable bio- Here is what Keay Davidson, a re- ment and Public Works Committee; energy fuels for transportation which viewer in the San Francisco Chronicle Senate Governmental Affairs Com- can help us address our economic had to say about the report on April 7, mittee; Senate Agricultural, Nutrition, issues in rural America. 1995: and Forestry Committee; Senate In addition, OTA helps the Congress For years, OTA has generated some of the Armed Services Committee; Senate Fi- make decisions that save the U.S. Gov- most readable and useful reports imaginable nance Committee; Senate Veterans’ Af- ernment money. about US research and its impact on social, I have some examples of where OTA political, military and economic policy. I al- fairs Committee; and the Senate Com- ways look forward to its reports, which are mittee on Indian affairs. actually helped us save money. OTA’s extraordinarily clear, thoughtful and well-il- A few of my colleagues have said that study of the Social Security Adminis- lustrated—extraordinary considering that the GAO can do the work that OTA tration plan to purchase computers they come from a government agency. currently does. I disagree. I do not saved $368 million. OTA’s cautions—a When’s the last time you actually enjoyed show any disrespect for the General while back now, I might say—about the reading a government document? Not long Accounting Office in regard to that. In Synthetic Fuel Corporation helped to ago I was on a plane flight, completely ab- fact, I have been a requester of help secure $60 billion of savings. sorbed by an OTA report on US efforts to Let me explain that to you. Many control nuclear weapons and other ‘‘tech- from the General Accounting Office nologies of mass destruction.’’ and they do a good job. But the Gen- thought that it would take $80 billion The distinguished journal, Foreign eral Accounting Office is not equipped to do the work of the Synthetic Fuel Affairs reviewed another report in a re- to do the highly technical and sci- Corporation. OTA testified that $80 bil- cent series of OTA studies on non- entific work that is done by OTA. lion was an overestimate. In the final proliferation and came to the following Let me explain the backgrounds of analysis, Congress put up only $20 bil- conclusion: ‘‘The Office of Technology the staff of the particular agencies. lion for the Synthetic Fuel Corpora- Assessment does some of the best writ- The General Accounting Office’s staff, tion. This saved the taxpayers $60 bil- ing on security-related technical issues process, and traditions are primarily lion. in the United States, as evidenced by those of an audit and program evalua- OTA’s studies of preventive services this excellent volume.’’ for Medicare have assisted legislative tion unit. Only four percent of the GAO Of course, this is not the first time decisions for the past 15 years. Studies staff have Ph.D’s, and few of these doc- that OTA has been recognized for ex- torates are in science and engineering. of pneumonia vaccines and pap smears cellence. The June 1989 issue of Wash- In contrast, 58 percent of OTA’s staff that showed Medicare would save ington Monthly featured a story on has Ph.D’s in these areas, and half of money by paying for these medical OTA, holding it up as a model for the those hold degrees in hard sciences. services for the elderly, and Medicare rest of the government—over a picture The GAO has relied on prior or concur- patients would save money. Both proof the Lincoln Memorial, the Wash- rent work of the OTA for scientific and posals passed as legislation. ington Monument, and the Capitol, the technical aspects of the study. OTA’s work on nuclear power plants cover of this journal declared, ‘‘At It seems to me that speaks more to has played a central role in elimi- Last! A Government Agency That the point raised about what GAO can nating poorly conceived and burden- Works.’’ Indeed, in the last 4 years, 24 do and not do in this area than any- some regulations on the U.S. power in- OTA reports have been selected in na- thing I can say. GAO relies on OTA for dustry. tional competitions as among the best highly scientific and technological in- I urge you to look very closely at the government publications nationwide, formation. amount of money that is being spent even worldwide. As we continue moving into a highly on OTA. I urge you to look very closely None of this acclaim surprises me. technical world, we must ensure that at whether the number of people em- OTA has had a long and distinguished we know how public policy impacts fu- ployed is the right number. I urge you track record of publishing informative ture trends and the reverse of that. to look at the administrative setup. I studies on nonproliferation issues. In OTA provides a very high level of ex- even urge you to consider abolishing 1977, OTA issued a 270-page book on Nu- pertise to help us understand these the board of the Office of Technology clear Proliferation and Safeguards that trends, while balancing the views of op- Assessment, if you want. But I also is still valuable reading. In a hearing ponents and proponents of various urge you to look at the product of the on April 4, 1977, of the Subcommittee courses of action. OTA, and you will come to the same on Energy, Nuclear Proliferation, and OTA translates modern technical ma- conclusions in 1995 that Congress came Federal Services of the Committee on terial for legislative and oversight pur- to when it was set up: that we need Governmental Affairs, I called this poses and gives us a heads up on impor- independent sources of information, study a ‘‘landmark document’’ that tant but complicated science and tech- particularly in science and technology, ‘‘will make a substantial contribution nology issues in areas like space, de- which we did not have and we will not to everyone’s understanding of this fense, and energy. have after this day if this is abolished. highly complex and emotionally OTA’s studies on energy crops, for I firmly believe, Mr. President, that charged issue.’’ example, are particularly important OTA offers a unique and essential serv- Highly complex indeed—I can say for farm States such as mine. Their ice for Congress, and I am very im- without doubt that halting the global study on the ‘‘Potential Environmental pressed with OTA’s credible analyses of spread of weapons of mass destruction Impact of Bioenergy Crops’’ showed the developments in technology and re- is one of the most vexing problems that that energy crops, such as switch grass, lated public policy issues. I urge my either the Executive or Congress has could have net environmental benefits, colleagues to support this amendment had to confront in modern times. The rebutting the concerns of certain envi- that preserves the functions of the Of- political and diplomatic problems of ronmentalists. fice of Technology Assessment. addressing this threat are bad enough. This study and other studies they Mr. GLENN. Mr. President, ‘‘What’s But the technological aspects of this have done are going to be very helpful Good from Government.’’ Now there is problem are so complex that many pub- as we debate the farm bill and as we a topic you do not see often these days. lic officials and citizens around the look for new crops to maintain the via- Yet on May 15, 1994, this was the title country have just given up—they need bility of the farm community. As the of an article that appeared in Library help to sort out the issues, weigh the domestic supplies of oil and gas dimin- Journal discussing the sixty-three fin- stakes, and outline courses of action. ish and dependence upon foreign est government publications in 1993. The OTA has responded to this need sources continues to increase, we will Out of the 20 selected federal govern- in a manner which brings credit not be looking for new ways, even beyond ment publications that were honored, just to the agency, but to our system of ethanol, for instance, to use farm prod- three of these reports were issued by government: I am proud that the U.S. ucts to fuel our machines and vehicles. the congressional Office of Technology Congress recognized the need for such

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10379 an agency 23 years ago. My purpose cover controls over chemicals that are Mr. PELL. Mr. President. I am in today, however, is to praise OTA for either produced or used throughout the support of the effort to preserve the the specific work over the last few nation, this study should be of great Congressional Office of Technology As- years on the subject of weapons pro- interest indeed. sessment. The OTA, on whose board I liferation. I urge all of my colleagues If the publication of six major studies currently sit, has been of profound and in the Senate and the House, even in less than two years is not enough to indispensable use to the Congress in those who have called OTA ‘‘a luxury illustrate the productivity of this agen- the carrying out of its function of an we cannot afford,’’ to sample some of cy, critics might consider that OTA is independent source of complex, unbi- the following reports on weapons pro- well underway on yet another report in ased analysis of the technology issues liferation issues. this series, this time on assessing US facing our country today. I firmly be- First, ‘‘Nuclear Safeguards and the responses to proliferation after it has lieve that it would be short-sighted and International Atomic Energy Agency’’ occurred. unwise for us to eliminate entirely this OTA–ISS–615, June 1995, 147 pages (re- Congress established OTA in 1972 agency, even as we strive to effectuate leased this month; also available in a after determining that, although the budget savings with the Legislative 22-page summary). applications of technology are ‘‘in- Branch. This report reviews the origins of the creasingly extensive, pervasive, and The OTA was created in 1972 as a re- IAEA, describes its safeguards system critical in their impact,’’ no Executive sult of a far-sighted, bipartisan effort in terms that non-specialists can easily or Legislative branch agencies were ca- led by the Senate Committee on For- understand, discusses numerous op- pable of providing Congress with ‘‘ade- eign Relations then ranking Member, tions for strengthening the IAEA safe- quate and timely information, inde- Senator Clifford Chase of New Jersey. guards system, and outlines other pos- pendently developed, relating to [their] It evolved from the need to have objec- sible initiatives to strengthen the glob- potential impact.’’ In its 23 years, OTA tive, expert analysis to assist the Con- al nuclear nonproliferation regime. has filled that need—and in an age gress in assessing the potential effects Second, ‘‘Proliferation and the when cost/benefit analyses will figure of a nuclear war on the United States. Former Soviet Union’’; OTA–ISS–605, so prominently in evaluating Federal Again in the late 1970’s, the OTA con- September 1994, 92 pages. actions, I can think of no more greater ducted a more comprehensive and de- This report is essential reading for need in Congress than for the types of tailed study on the same issue. These all who are concerned about twin prob- skills and services that OTA offers two studies were among the first com- lems of ‘‘loose nukes’’ and the ‘‘brain today. prehensive unclassified efforts to pro- drain’’ following the breakup of the So- This is why the presidents of the Na- vide realistic assessments of just what viet Union. The report documents spe- tional Academy of Sciences, the Na- nuclear war might mean for the citi- cific problems with respect to weak- tional Academy of Engineering, and zens of this and other country’s. They nesses in national systems of nuclear the Institute of Medicine have warned proved to be extremely valuable in accounting, controls over exports, and that closing OTA will diminish the helping inform the Congress as we de- the ability to police borders. quality of advice to Congress. Rep- veloped national policy in this area. Third, ‘‘Export Controls and Non- resenting the interests of over 240,000 Since those studies, the OTA has proliferation Policy’’; OTA–ISS–596, electrical engineers nationwide, the In- proved itself time and again in hun- May 1994, 82 pages. stitute of Electrical and Electronics dreds of studies across the board spec- Here the OTA addresses the contribu- Engineers calls OTA a ‘‘highly re- trum of technology assessment. tions and limitations of export controls garded and respected institution’’ that Throughout its tenure, it has become as a tool of nonproliferation policy. serves as an ‘‘irreplaceable asset’’ to recognized around the world of its co- The study offers insights and technical Congress. The world’s largest scientific gent, professional, and unbiased work. details about the export licensing proc- organization, the American Associa- It would be foolhardy to shelve that ex- ess, in particular measures to make tion for the Advancement of Science, pertise now in a blind effort to simply this process more efficient and effec- says that abolishing OTA would be a slash budgets. tive in achieving nonproliferation ob- ‘‘strategic error for Congress’’ that I am thankful that under the amend- jectives. would seriously harm the national in- ment, another revered and invaluable Fourth, ‘‘Technologies Underlying terest. congressional institution, the Library Weapons of Mass Destruction’’; OTA– OTA does not only prepare formal of Congress, will not be subject to BP–ISC–115, December 1993, 263 pages. high-quality reports—Congress has re- budget cuts in order to spare the OTA. This report is a basic primer about peatedly drawn upon the agency’s in- Both of these organization have an ex- the fabrication and effects of weapons house expertise to provide short-notice emplary record of in their service to of mass destruction. It is essential testimony, briefings, and replies to the Congress and I am glad that a reading for anybody both for those who congressional questions on many high mean has been found to adequately pre- have official responsibilities to tackle technology subjects on the policy agen- serve the functions of both. this problem, and those who are simply da. Following the nerve gas attacks in I am hopeful that my colleagues will curious about what all the fuss is about Tokyo and the bombing of the federal join me in this effort to preserve a concerning these deadly weapons. building in Oklahoma City, for exam- scaled-back OTA and in doing so, in- Fifth, ‘‘Proliferation of Weapons of ple, OTA staff were able to respond sure that the Congress will continue to Mass Destruction: Assessing the both promptly and comprehensively to be able to make informed, reasoned de- Risks’’; OTA–ISC–559, August 1993, 123 repeated congressional questions. cisions regarding the complex tech- pages. To whom will Congress turn if the nology issues that it will inevitably I have already discussed this award- next explosion in an American city in- face in the future. winning above. If a reader has no back- volves a weapon of mass destruction? Mr. BENNETT addressed the Chair. ground on proliferation issues and Though the Executive can occasionally The PRESIDING OFFICER. The Sen- wants to read just one report for the be helpful in providing information, ator from Utah. clearest possible introduction to the there is no substitute for Congress hav- Mr. BENNETT. Mr. President, we are subject, this is the report to read. ing an independent, bipartisan source in an interesting time. I say that re- Sixth, ‘‘The Chemical Weapons Con- of expertise on exactly such tech- minded me of the old Chinese curse, vention: Effects on the U.S. Chemical nically-complex issues. I can assure my ‘‘May you live in interesting times.’’ I Industry’’; OTA–BP–ISC–106, August colleagues, I know where I would like have been through this kind of time in 1993, 69 pages. to turn in the years ahead, to the Of- my private life, and I would like to The Senate will take up ratification fice of Technology Assessment. share with you some observations of the Chemical Weapons Convention I ask my colleagues to join me in sa- there, as I then addressed the question later this year. An important topic in luting OTA for having performed its of what to do about the Office of Tech- this process will be the costs to US in- mission with dignity and professional nology Assessment. dustry from complying with this Con- excellence. This is not an agency Con- I remember visiting with a CEO of a vention. Given that the treaty will gress can do without. fairly large corporation, and he told me

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10380 CONGRESSIONAL RECORD — SENATE July 20, 1995 of a very difficult experience that he Feingold Kempthorne Pell Mr. DOLE. Mr. President, I ask unan- had just been through in his company. Feinstein Kennedy Pressler imous consent that the order for the Ford Kerrey Pryor He said, ‘‘I have just gone through the Frist Kerry Reid quorum call be rescinded. whole company, looked at everything, Glenn Kohl Robb The PRESIDING OFFICER. Without and ended up cutting back here, cut- Gorton Kyl Rockefeller objection, it is so ordered. Graham Lautenberg ting back there, leaving a lot of blood Roth Mr. DOLE. Mr. President, let me just Gramm Leahy Santorum Grams Levin indicate what I am doing here. on the floor, if you will, as I have had Shelby Grassley Lieberman I am trying to determine whether or to clean up the company. And then I Simpson Gregg Lott said to all of the employees who sur- Smith not we will go to S. 343, which is regu- Harkin Lugar latory reform, which I had a right to do vived this exercise, this is it, this is as Hatch Mack Snowe deep as we are going to cut, and you Hatfield McCain Specter under the order. That is why I do not Stevens can all relax now because you have Heflin McConnell want to get bogged down with some Helms Moynihan Thomas other amendment because I need to passed the test, and we have seen to it Hutchison Murkowski Thompson that everything that is excess, every- Inhofe Murray Thurmond give an hour or so, or some advance nothing that is wasteful has been taken Jeffords Nickles Warner tice to the minority leader, Senator Johnston Nunn Wellstone DASCHLE. Then there would be 1 hour of care of.’’ Kassebaum Packwood Then, he said to me, ‘‘I quietly in my debate and then there would be a vote own office went to my calendar, flipped NAYS—8 on cloture on S. 343. the pages forward about 3 years, and Breaux Hollings Sarbanes Following that, we would, if cloture Bumpers Mikulski Simon is not invoked, either move on to some- wrote down, ‘Do it again,’ because I re- Dodd Moseley-Braun alized no matter how zealous we were thing else, or I assume somehow we get in trying to keep from getting duplica- NOT VOTING—1 back to this bill, which I thought tion and creating redundant services Inouye would take 2 hours. We started at 10 and getting too fat, no matter how So the amendment (No. 1807) was o’clock. I want to accommodate the Senator hard we worked at it, in about 3 years agreed to. if I can. Does he want to speak for 10 time in our company we would sud- Mr. DOLE. Mr. President, I move to minutes or 15 minutes? denly wake up and discover we had too reconsider the vote by which the Mr. KENNEDY. Less than that. I many people doing the same thing, and amendment was agreed to. know the Senator from Utah was ad- I would have this same kind of cir- Mr. GORTON. I move to lay that mo- dressing this issue as well. I am more cumstance again.’’ tion on the table. than glad to either proceed or wait We do not do that in the Federal The motion to lay on the table was until after the Senator from Utah, and Government. That is, we do not go 3 agreed to. then at a time that the leader wants to years ahead and write down, ‘‘Do it Mr. DOLE. Mr. President, I suggest gain control of the floor to make a re- again.’’ Instead, once something gets the absence of a quorum. quest, I would withhold. started, it continues, regardless of The PRESIDING OFFICER. The clerk will call the roll. Mr. DOLE. If I could request that I be whether or not it has outlived its use- recognized at 5 p.m. fulness. The legislative clerk proceeded to call the roll. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. We have objection? Without objection, it is so a previous order to vote at 4 o’clock. Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the order for ordered. Mr. MACK. Mr. President, I suggest Mr. KENNEDY. Mr. President, I the absence of a quorum. the quorum call be rescinded. The PRESIDING OFFICER. Without wanted to speak briefly—— The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- objection, it is so ordered. objection, it is so ordered. ator from Massachusetts. The clerk will call the roll. AMENDMENT NO. 1808 Mr. KENNEDY. But I understood The assistant legislative clerk pro- Mr. MOYNIHAN. Mr. President, I rise from the Senator from Florida that the ceeded to call. simply for the purpose of expressing Senator from Utah was in the middle of Mr. MACK. Mr. President, I ask the appreciation of this Senator—and I a statement. I will be glad to wait until unanimous consent that the order for think I can speak for the Joint Com- after he concludes. the quorum call be rescinded. mittee on the Library—that the pro- Mr. President, I will yield the floor, The PRESIDING OFFICER. Without posal pending by the distinguished sen- but before doing so, I ask unanimous objection, it is so ordered. ior Senator from South Carolina will consent that when the Senator from not affect the Library of Congress. It VOTE ON AMENDMENT NO. 1807 Utah concludes, I might be recognized. has taken very severe budget cuts and The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there budget freezes over the years. Its world CRAIG). Under a previous order, the objection? Without objection, it is so function, its national role, and its in- question is on agreeing to the amend- ordered. dispensable service to the U.S. Con- ment numbered 1807, offered by the ma- Mr. BENNETT addressed the Chair. gress would be in jeopardy were more The PRESIDING OFFICER (Mr. jority leader, to the amendment num- to take place. THOMAS). The Senator from Utah. bered 1803. The yeas and nays have Our distinguished Librarian, Dr. Mr. BENNETT. Mr. President, I been ordered. James Billington, has made this clear thank the Senator for his courtesy. The clerk will call the roll. in forceful, in cogent, and in concise It is true I was in the middle of a The assistant legislative clerk called terms. His argument has clearly pre- statement when the regular order in- the roll. vailed. tervened and we had the vote. I do not Mr. FORD. I announce that the Sen- I want to express my appreciation to have much more to say, but I was in ator from Hawaii [Mr. INOUYE] is nec- the Senator for this purpose, and to the middle of making the point that essarily absent. state just incidentally my agreement— every organization inevitably ends up The result was announced—yeas 91, I am sure most of us will also agree growing more than it really needs to. nays 8, as follows: that the Office of Technology Assess- There is an inertia—it is almost or- [Rollcall Vote No. 314 Leg.] ment has an important role. It has ganic—in organizations that says we YEAS—91 been here a quarter century. It was es- start this, which is a good thing, and it Abraham Brown Coverdell tablished for a role and it ought to con- grows a little, and then we start an- Akaka Bryan Craig tinue. I simply want to make those other, which is a good thing, and it Ashcroft Burns D’Amato Baucus Byrd Daschle comments. grows a little. And just like a plant, or- Bennett Campbell DeWine I suggest the absence of a quorum. ganizations need to be pruned back Biden Chafee Dole The PRESIDING OFFICER. The every once in a while. I have done it in Bingaman Coats Domenici clerk will call the roll. my business. I know there are others Bond Cochran Dorgan Boxer Cohen Exon The legislative clerk proceeded to here who have business experiences Bradley Conrad Faircloth call the roll. who have had to do this.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10381 As we address this OTA cir- So painful as it is, Mr. President, dif- you have to face the fact that we in the cumstance, it is my feeling that this is ficult as it is to explain to the individ- Congress are going to be faced with what we have here. OTA in my belief uals who are doing a good job, I have these technology issues into the future has been a good agency. It has done come to the conclusion that as a total of this country—increasing technology, good work. I hear the Senators talk Government we have the capacity else- cutting edge technology, technology about its work, and I agree. If you look where to do what we have been doing in that is going to be at the heart of the at just the OTA, you would come to the the OTA. It has become redundant be- American economy after the turn of conclusion that it deserves to remain. cause of what we have funded in the Li- the century and in many respects is At the same time, Mr. President, brary of Congress and in the General there even now. that OTA was doing its work, the Li- Accounting Office, and I support the I can see in my own State with bio- brary of Congress was building a capac- subcommittee’s report that says this is technology, telecommunications, fiber ity to deal with technology issues. At the place we shall prune. optics, the wide range of new kinds of the same time, the GAO was looking I thank the Chair. into many issues that were the same technology. And the question is, how Mr. KENNEDY addressed the Chair. does that impact the lives of the Amer- kinds of issues as OTA. And as we The PRESIDING OFFICER. The Sen- ican people? And how will it affect looked at this within the committee, I ator from Massachusetts. that? came to the conclusion that we have Mr. KENNEDY. Mr. President, I simply proliferated capacity in this know that there are other Members We do have a resource that is special, area throughout the Government, that who want to speak, so I shall not take that has been recognized, not just by it is time to prune the bush. much time. Members of Congress, but by the most Now, I am sorry personally for those Mr. President, I wish to just review prestigious, important and significant who are connected with OTA that they for the Senate where we are on this institutes that are dealing with these are the ones who have felt the pruning issue of OTA. The issue no longer is the issues, that have made their judgment. shears and that the function will be size of the budget. That issue has been And so whether it has been in those in- transferred, if we continue with the ac- basically agreed to. So this is not stitutes or whether it is the CEO’s of tions recommended by the sub- something that is in addition. This is the top companies in this country that committee, to other agencies. This is not something that we are adding. The are devoting the greatest amount of always a wrench for the individuals in- total amounts in terms of the budget their own resources in terms of tech- volved, and they say, with some degree have effectively been agreed to and nology that respect this expertise, of fairness, ‘‘Why me? I have done a that really is not before the Senate. whether it is the former science advis- good job. I have done what the Con- The issue that is before the Senate is ers under Republicans and Democrats gress has asked me to do. I have pro- whether we are going to retain the ca- alike, they have all come virtually to duced a report that is of sound value. pability of OTA to deal with techno- this conclusion: It is important to Why are you cutting back on me?’’ logical issues which can be helpful to maintain OTA as an institute. Where it Those of us who are in this position the Congress and to the American peo- is going to sit and within the various must look at the entire Government, ple generally. That is only the issue. framework of existing agencies is a not just one agency at a time. When we So we have to evaluate now whether matter of administration. And I think do that, we have to say to those who that can be done with the existing that could be worked out by reasonable are feeling the effect of the pruning agencies, the Congressional Research individuals in the course of the con- shears, if it were not you, it would have Service, or other agencies, or whether ference with the House of Representa- to be someone else because there is re- it is best to try to hold together the ca- tives. dundancy here. pability that has been developed in We have the responsibility in the But what we should not lose is that OTA, to be able to give advice, counsel, overall budget circumstance to do as capability, that capacity, that kind of and judgment to the Congress on mat- the CEO I was referring to in my begin- integrity which has been of value to ters of technology that we are going to ning remarks, go through and clean this Congress on issues involving DNA, face in terms of the future. out the duplication and sharpen up the on new technologies in education, on That is basically the issue. Now, I organization. the issues of polygraph. Their rec- I realize this is not an exact analogy, say to my good friend from Utah, the ommendations that they made to the but nonetheless it illustrates the point. fact is we have had the expression of Congress were later taken and put into I read a column recently where the col- the American Academy of Sciences, law by Senator HATCH and myself. On umnist was talking about a television the Institutes of Medicine, American instance after instance so many areas station that went off the air because of Academy of Energy, and science advis- of important technology, OTA has been financial difficulties. They did not ers to Republican and Democrat Presi- there. I have agreed with some of their want to lose their license, so they said dents alike. All are in agreement that conclusions, differed with others. I we in fact will keep broadcasting a sig- this function ought to be maintained. think every Member of the Congress re- nal while we work out our financial dif- They had an opportunity to say no, let alizes it really represents an extraor- ficulties. They put on the air the pic- us separate out OTA and let it go to dinary degree of knowledge and aware- ture of fish, tropical fish, and broad- CRS or let it go to other agencies; we ness and background and experience cast that 24 hours a day to keep their do not believe that it will really make and really the best in terms of bringing place. When they solved their problems much difference in the ability of Con- evaluations of technology. It is an financially, and they could go back to gress to get this information. asset that we cannot afford to lose. regular programming, they took the They were asked that very question, And I hope very much that the amend- fish off the air and put on the regular and the most important, prestigious in- ment will be accepted. programming. And what happened, Mr. stitutes that deal with the most complex issues of technology and new tech- I strongly support the amendment to President? They were deluged with maintain the Office of Technology As- phone calls complaining about the fact nology and advanced technology have recognized and respected OTA for being sessment as a valuable and needed arm that they had canceled the fish. of Congress. It seems that once something gets the center of excellence for technology, started, it develops a constituency re- to advise us in the Congress and Sen- OTA was created 23 years ago by the gardless of whether or not there are ate. Technology Assessment Act of 1972. In other options. So if the issue of the budget is out of the years since then, OTA has become Now, I am not, as I say, suggesting in the way, we have to ask ourselves what a world-renowned source of informa- any way that the OTA is simply broad- is in the best interests really of the tion and analysis on current tech- casting of the fish, but they have devel- Congress generally, the House and the nology issues. It plays an invaluable oped a constituency that is appro- Senate, and even the executive and the role in helping Congress assess and priately calling for their preservation public because these studies are made apply scientific and technological ad- in an atmosphere when there are other available to the public, and what is vances for the benefit of the American facilities capable of doing this. really the best way to do it, because people.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10382 CONGRESSIONAL RECORD — SENATE July 20, 1995 OTA’s budget is currently $22 mil- mark studies on medical negligence gress’ evaluation of the Clean Air Act. lion. Clearly, OTA is prepared to tight- and defensive medicine seemed to be in When the Exxon Valdez disaster oc- en its belt substantially along with the the hands of every Member. Senators curred off the coast of Alaska in 1989, rest of the Federal Government. In KYL, MCCONNELL, and others made OTA’s suggestions on maritime pre- fact, under the able leadership of Dr. much of OTA’s conclusion that ‘‘the cautions were incorporated in the Oil Roger Herdman, OTA has already one reform consistently shown to re- Pollution Act of 1990. taken major cost-cutting measures on duce malpractice cost indicators is These are just a few examples of its own initiative. caps on damages.’’ I was on the other timely and incisive OTA reports that But regrettably, the bill before us side of that debate, but I had no cause have improved the quality of legisla- proposes to eliminate this needed and to challenge OTA’s credibility or im- tion. unique agency. partiality. Some contend that OTA’s work can Each year, OTA prepares dozens of OTA’s study in the 1980’s on poly- be handled by other congressional sup- formal assessments, background papers graph testing is also a landmark docu- port agencies. I have the utmost re- and case studies on subjects ranging ment. It is recognized as the definitive spect for the Congressional Research from adolescent health to nuclear dis- review of scientific research on this Service and the General Accounting Of- armament. OTA’s well-researched and topic. The report was used and cited fice, but neither agency is equipped to carefully reasoned reports are must- extensively by the Senate Committee take on the exceptionally challenging reading in the committees of Congress on Labor and Human Resources, then and specialized tasks of OTA. Although that address scientific issues, and in chaired by Senator HATCH, during the CRS and GAO existed 23 years ago, we the executive branch and private indus- legislative process that led to enact- recognized the need at that time for a try as well. ment of the Employee Polygraph Pro- smaller but expert agency with the spe- OTA enjoys the full support of the tection Act. That bill was signed into cific mission of advising Congress on scientific community. The American law by President Reagan in 1988. science and technology. That need is Association for the Advancement of OTA has been in the forefront of ef- even greater today. It would be a tragic Science has called it: forts to evaluate the cost effectiveness mistake to drain the reservoir of exper- Unique and highly respected . . . [a] model of medical technologies. It produced tise that OTA has developed over the for legislative bodies around the world . . . the first report documenting the health past 23 years, and try to reinvent it in Its demise would have serious negative im- and economic benefits of vaccinating some other congressional support agen- pacts on Congress’ ability to do its job well, the elderly against influenza. Based di- cy. and on the national interest. rectly on these findings, Congress in- Let’s be clear. This is not a budg- The prospect that OTA might be cluded coverage for these vaccinations etary issue. The amendment proposes abolished has also brought expressions in Medicare, a step that has prevented no new expenditure of funds, only that of alarm from the National Academy of thousands of deaths and saved millions a very small portion of the money al- Sciences, the Institute of Medicine, of dollars that Medicare would other- ready allotted for the support agencies and the National Academy of Engineer- wise have spent on hospital costs. under this bill be used to preserve OTA. ing. It would be difficult to find any se- On the other hand, OTA documented The sole question now is structural— rious scientific organization that is not in 1989 that cholesterol screening of the whether we should keep OTA’s exper- deeply concerned about the impact of elderly would not be cost effective. tise intact and centralized, or whether this proposal on the quality of tech- That report was a major factor in the we should disperse OTA’s responsibil- nology-related legislation. decision not to cover this screening ities among the other support agencies The chief executive officers of Mon- under Medicare, saving the program and suffer the consequences. santo, Eastman Kodak, and many substantial amounts. One way or another, the work of other Fortune 500 companies have ex- In the late 1970’s research on recom- technology assessment must go for- pressed support for the agency. Science binant DNA was considered potentially ward. It is simply a matter of common advisers to Republican and Democratic dangerous and had aroused widespread sense to keep intact the one agency Presidents alike have endorsed OTA’s public concern. More than a dozen bills that already knows how to do this job preservation. These are not the reviews had been introduced in Congress to and meet the needs of Congress in this one would expect for an irrelevant or halt genetic research. But OTA’s 1981 highly specialized field. Breaking up superfluous or unneeded organization. analysis, ‘‘Impacts of Applied Genet- OTA in the name of streamlining Con- The experts outside the beltway know ics,’’ helped to convince key Members gress makes no sense. that modest funding for OTA is a wise of Congress of the economic potential It should also be emphasized that investment for Congress and an excel- of this emerging science. Today, bio- this amendment involves no cut in lent bargain for the Nation. technology has expanded the bound- funds for the Library of Congress. The OTA’s large impact on the legislative aries of medicine, agriculture and com- concerns of Library supporters have process is out of proportion to its rel- merce. The United States leads the been completely addressed—the Li- atively small size. Let me offer just a world in this field, and OTA deserves a brary will not be cut. few examples: share of the credit. In the years ahead, as we move into In the wake of the Oklahoma City In its report, ‘‘Building Future Secu- the 21st century, there will be even bombing, Congress debated a bill pro- rity: Strategies for Restructuring the greater need to rely on OTA for impar- moting technologies to help prevent U.S. Defense Industry,’’ OTA conducted tial assessment of technology-related terrorism and enhancing the ability of a comprehensive analysis of defense policies. The world of science and its law enforcement agencies to apprehend technology and the Nation’s industrial impact on public policy are becoming those who commit such crimes. OTA base. It proposed a major restructuring more complex, not less. Technology is had already laid the groundwork for of the military industrial complex, in central to every aspect of American this discussion. In July 1991 and in Jan- order to maintain defense capabilities life, from biotechnology to law enforce- uary 1992, OTA issued a pair of reports during the transition to the post-cold- ment, from agriculture to education. It that evaluate technology for bomb de- war economy, while meeting pressing would be a serious mistake to limit our tection and target hardening, airline domestic needs. The report has greatly ability as a legislature to evaluate and passenger profiling, and other assisted deliberations on this subject in respond to the scientific and techno- antiterrorism strategies. Not only were both the legislative and executive logical challenges facing Congress, the these reports helpful to those drafting branches. Administration, and the Nation. counterterrorism legislation, but with- There are many other fields in which The Office of Technology Assessment in days of the Oklahoma City bombing, OTA’s influence has been substan- has performed the task we assigned to OTA staff conducted indepth briefings tiated. Its work on computer tech- it superbly. It continues to serve an in- on the subjects for Members of Con- nology in the classroom has helped to dispensable role. It should bear its fair gress and their staffs. shape important legislation on edu- share of the current budget crisis—but During the floor debate on medical cation. Over a period of many years, it should not be abolished. malpractice 2 months ago, OTA’s land- OTA has been deeply involved in Con- I urge adoption of the amendment.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10383 Mr. HATCH addressed the Chair. I respectfully disagree. structural changes required by the pro- The PRESIDING OFFICER. The Sen- Fifty-eight percent of OTA’s staff vision will maintain the integrity of ator from Utah, hold Ph.D., half of which are in the both support agencies. Mr. HATCH. Mr. President, I have hard sciences. No other agency can In contrast, the Hollings amendment been listening to my colleague from make this claim. Nor can any other not only maintains OTA’s independ- Massachusetts. As everybody in this agency make the claim that it has the ence, but it does not require any addi- body knows, we do not always agree. In ability to call upon a network of in ex- tional budget outlays be taken from fact, there are some that think we dis- cess of 5,000 technical experts from all the Library of Congress, as stipulated agree quite often. over the country who provide the best in the chairman’s mark. This provision But I have to say he is right on this information available on science- and also eliminates the additional need to issue. I have watched what OTA has technology-related topics. Nor is there make the House-required structural ad- done for the whole time I have been in the level of scrutiny and review placed justments that would create an even the Congress. And I have to tell you, if upon any other support agency from greater burden upon the Library of you are going to shift that burden to the time a request is made to the time Congress. CRS or some other support group, you the product is officially released in Now, we recognize the reality that are going to spend more money than final form. the structural adjustments will be nec- you spend on OTA and you are not The product expected from OTA and essary as overall budget outlays shrink going to have the congressional bene- the type of review that this small, spe- over the next several years. The Hol- fits that come to Congress as a whole cialized agency is mandated to undergo lings amendment stipulates that the that you get from OTA. As a matter of produces what I believe everyone in Library of Congress undergo an evalua- fact, we have all kinds of Ph.D.’s at this body would agree is desirable: tion of how the services of GAO, OTA, OTA. Over half, 58 percent of OTA staff thorough, objective, and accurate anal- GPO, and CRS can be consolidated by hold doctorates. And all of the support ysis. the year 2002. This is a responsible ap- people that are volunteers from outside Relying on other, existing agencies proach under the circumstances. That are the greatest scientists in the to fulfill this mission asks these orga- will allow us time to ensure that the world—at least from this country—who nizations, whose specialty is a highly services provided by OTA can be most also support OTA. And that is a benefit specific quick turnaround study, to ex- effectively maintained over the long you cannot quantify because if we had pand capability to do more comprehen- term while recognizing that inevitable to pay for all that what it is really sive assessments in areas for which structural and budgetary changes will worth, we could not afford to pay for it. they may not even have in-house ex- continue to be necessary for the years So there is a lot to this. I do not pertise. to come. think we should make the mistake of Let me state this another way: The All I can say is that, as a conserv- cutting OTA yet. I am the first to primary mission of OTA is not to do ative who believes that we have to cut admit that we have to make cutbacks studies for immediate use by the Con- back, who believes we need to reach here. I think OTA has to suffer its fair gress. OTA’s charter is to be more for- that balanced budget by the year 2002, share. So I am not arguing for 100 per- ward-looking, more comprehensive, having served with OTA and under- cent of OTA’s budget. I wish we could and more technical. because I think it is working over the standing the interworkings of OTA and With fewer than 5 percent of Con- long run, because this is the one arm of having watched what they have done gress’ membership having technical Congress that does give us, to the best for all the 19 years I have been in the training, we cannot afford not to have of their ability, unbiased, scientific Congress, I have to say it would be a this capability. Needless to say, I and technical expertise that we could tragedy for us to cut it out completely. would not be making this argument if not otherwise get where most every- And I do not think you could find any the proposal were for a legal research body has confidence in what they do. other area of Government that will Mr. President, I support the amend- office. provide the services that we need that This brings me to the budget implica- ment offered by Senator HOLLINGS to OTA provides. And Heaven knows, in restore some funding for the Office of tions of this amendment. And, let me this very complex world, this complex Technology Assessment [OTA] during state strongly for the record that I ab- present time, we in Congress have got the next fiscal year. solutely agree that reductions have to to have that kind of equity at our beck Mr. President, my support for this be made everywhere. I do not advocate and call. OTA has provided it for us. amendment should not be confused that OTA be restored to 100 percent of And I hope that folks will vote for the with a failure to recognize the very dif- its current level. OTA, like all other Hollings amendment. ficult task the Legislative Branch Sub- federally funded agencies and programs Therefore, Mr. President, I commend committee is faced with this year in has to absorb its share of the necessary Senator HOLLINGS for his leadership on making its share of budget reductions. reductions. this amendment, of which I am pleased There is no question that Congress My distinguished colleague from to be a cosponsor. must contribute its share to deficit re- South Carolina, Senator HOLLINGS, has I encourage all of my Senate col- duction, especially in light of the budg- done an excellent job in finding the leagues to support this important et resolution we have just passed. I necessary offsets so as not to disrupt measure. commend the managers of this bill on the overall budgetary outlays already Mr. STEVENS addressed the Chair. what they have been able to bring to contained in this bill and in the budget The PRESIDING OFFICER. The Sen- the floor. resolution. He has gone the extra mile ator from Alaska. However, I am concerned about one to make sure that these offsets are ger- Mr. STEVENS. Mr. President, I of the rationales used to justify the mane, that they are fair, that they are served on the Office of Technology As- elimination of OTA. I do not agree that cognizant of the concerns that have sessment Board from January of 1974 to there is no longer a need for OTA. On been expressed by the affected agencies January 1992. Since it was established, the contrary, I believe that Congress’ whose budgets will further be reduced OTA has completed 721 studies to date. need for technical scientific analysis by this amendment. During the period I was there, 18 years, will increase. But I have to say, for example, under I obtained board approval for four stud- As our economy becomes increas- the House proposal, the Congressional ies that addressed Alaska’s needs. ingly complex and technologically ori- Research Service would be required to For instance, we had one study that ented, Congress will require, more than provide the entire $15 million outlay addressed our rural village sanitation ever, an ability to effectively analyze for the continuance of OTA’s functions, problem in Alaska. We had another technology in making policy decisions. a burden that is understandably quite that addressed the technical feasibility The question is, Mr. President, can an- overwhelming and, quite frankly, un- of transporting some of our very abun- other support agency do the work for fair to the Library of Congress. CRS’s dant fresh water from Alaska to Cali- which OTA has become recognized? burden under the House proposal takes fornia, which had been suggested to al- Some of our colleagues believe the an- on added significance when you know leviate water shortages there. It did swer is a simple yes. time has been taken to ensure that the not prove to be economically feasible.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10384 CONGRESSIONAL RECORD — SENATE July 20, 1995 We had another one concerning the work understand where the credit be- the likes of which the world has never technological considerations of gener- longs. seen. We are going to see develop- ating power in very remote arctic vil- Here is another one, March 1992, ments—and I saw AMO sitting here a lages. And another was the review of ‘‘Global Standards, Building Blocks for while ago, our good friend Mr. HOUGH- oil production challenges in an arctic the Future.’’ I keep that on my desk TON from the House. Talk to him some- environment. and find it interesting. time about fiber optics and how it There were three others that touched ‘‘Finding a Balance: Computer Soft- came about that we have that concept my State in that period of time. One ware, Intellectual Property and the now in the world. addressed the Exxon Valdez disaster; Challenge of Technological Change.’’ We are looking at technology. We are one for oil and gas development in deep They have another one that I keep at the edge of a precipice, Mr. Presi- water, and in arctic waters in par- and I think other Senators might be in- dent. The precipice is one that we can ticular; and another one, addressing terested in it. It is dated June 1993: fall down into a chasm or we can ana- nuclear waste in the former Soviet ‘‘Advanced Network Technology.’’ lyze the way to get across that chasm Union. They were not particularly at They went into another background into a future that is so bright you can my request, but I did support them. paper at our request: ‘‘Accessibility hardly imagine it. I want the Senate to know that in and Integrity of Network Information I was talking to some of my interns my time on this board I became con- Collections.’’ That was later in 1993. today, and they asked me about what vinced that this is a shared staff. And Incidentally, one of OTA’s members we are going to do in my State when I have often referred here on the floor referred me to this. It was a cover the oil runs out, what happens to our of the Senate to the benefits derived story of the fall issue of Up Link. Any- State, supported primarily by oil reve- from this shared staff in the Office of one who wants to catch up with what nues. I remarked to them about Mr. Technology Assessment. Not only do we are talking about should read HOUGHTON’s company. Who would have we share staff, but by virtue of the pro- ‘‘Digitally Speaking,’’ a very inter- thought in the days gone by we would fessional staff we have in the Office of esting article. take grains of sand from a beach and Technology Assessment, they attract All I am telling you is, Mr. President, turn it into the most capable means of onto Washington boards and panels the and Members of the Senate, that this conveyance of communications known leading experts of our Nation, if not entity has led us to become aware of to man. the world, in the development of new and become interested in and to try to When it comes down to it, we have technology. utilize developing technology to meet used technology in this country to stay I think that without this OTA, what the needs of the United States. I know ahead militarily, to stay ahead eco- will happen is—and now I am speaking of no other way we can get that except nomically, to meet the needs of our in my role as the chairman of the through shared staff. people, and yet here we are about ready Rules Committee—that we will face in- The House has access to OTA. The to do away with the one entity in the creasing demands from individual com- Senate has access to it. We have equal Congress that tries to collate and ana- mittees for funds to hire people to do representation on this body, Repub- lyze and deliver to Members of Con- the same thing that the OTA does. The licans and Democrats, and we always gress credible, timely reports on the only difference is we will have, as we have, since its inception, without re- development of technology. did before OTA, several committees ex- gard to which party controlled the I believe, more than most people re- ploring the same subject with people House or the Senate. alize, that we are changing the course who are not the experts of the country Now we face a challenge to the very of history in this Congress, but this is and without the basic experience of the existence of OTA, and I am compelled not one of the hallmarks of that OTA in framing the issues for review to rise and say I think that OTA is a change. This entity ought to be out in by Congress. misguided target. I do believe, as the the forefront of that change, and it will As I came over here today, I picked Senator from Utah said, we can make not be unless it is properly funded and up from the edge of my desk some of reductions in the expenditures by OTA. maintained. I support this amendment. the OTA reports that I have reviewed We have made a 15-percent reduction in Mr. MACK addressed the Chair. over the years. This is ‘‘Critical Con- the staffs of every committee in the The PRESIDING OFFICER. The Sen- nections, Communications for the Fu- Senate. There is no reason why we ator from Florida. ture, A Summary,’’ prepared for the could not make a 15-percent reduction Mr. MACK. Mr. President, I ask Congress in January 1990. It addressed, in OTA, and that was the intent. unanimous consent that the recogni- as my friend from South Carolina men- But now we face a question of oblit- tion of Senator DOLE at 5 p.m. be post- tioned, the frequency spectrum prob- eration of the OTA. I want to tell the poned for 15 minutes. lem. It was this summary that got me Senate that I believe the studies that I The PRESIDING OFFICER. Is there thinking about frequency spectrums. have seen by OTA have been at the re- objection? Without objection, it is so And for three Congresses, I asked Con- quest of a Senate committee or a ordered. gress to change the policy of dealing House committee or by individual Sen- Mrs. MURRAY addressed the Chair. with the spectrum that the FCC has ators, but none of them goes through The PRESIDING OFFICER. The Sen- under its jurisdiction in our airwaves. without approval of the OTA board. ator from Washington. They used to have a policy of having None of them go through without a Mrs. MURRAY. Mr. President, I rise a lottery when a block of frequencies majority of the vote of three Members in support of retaining the Office of from the spectrum was available. It of each party from each House. Technology Assessment. I support the was announced, and people filed an ap- This is a very restrained board in agency and hope that my colleagues plication. It was literally a lottery. terms of committing money of the will consider it favorably. There was a drawing. And for $20 you United States. I have not agreed with OTA is a unique and valuable asset of got a slice of the spectrum that could some of the studies, and the record will the Congress. For many years it was be worth anything from nothing to $1 show I voted against some of them. I also unique to the United States; but billion. voted against some of them because I within the past few years, it has been I felt that this summary would con- did not think they involved the assess- used as a model by many democratic vince anybody that this system of dis- ment of technology. They involved try- nations for establishing their own tech- posing of a very valuable commodity, if ing to pursue the application of technology assessment organizations. maintained in the future, was wrong. It nology. But if we keep to the subject OTA is a small agency with 143 per- led to, as the Senator from South Caro- and restrict the OTA to what it was in- manent employees and an annual budg- lina has stated, action finally in 1993 tended to do, it is one of the most valu- et of $22 million. The agency analyzes by the Congress. Last year we received able entities I have found in the Senate science and technology issues in depth $12 billion for the sale of units of the to get access to material that is cur- for the Congress. It provides Congress spectrum. We have OTA to thank. At rent about technology. with objective, nonpartisan reports and least the people who have paid any at- We are entering an era now of tech- offers options for Members in dealing tention to what is done with OTA’s nology expanding at an explosive rate, with related public policy issues. Its

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10385 studies are initiated by full commit- extensive input from outside the belt- The PRESIDING OFFICER. I believe tees of the Senate and/or House and are way. Every year, over 5,000 experts help until 5:15, which is approximately 10 or approved by the Technology Assess- us better understand the complex 11 minutes. ment Board, TAB, which oversees the issues that we need to understand to Mr. MACK. I ask the Senator from agency. That Board consists of six Sen- legislate effectively. But unlike some South Carolina how much additional ators and six Representatives, equally executive agencies or institutes like time he would need? divided by party. the National Academy of Science, OTA Mr. HOLLINGS. As the distinguished OTA is a first rate scientific organi- does not impanel groups that get to- Senator from Florida knows, I do not zation. Its retention has been sup- gether to deliver wisdom while the need very much time. I am trying to ported by the National Academy of staff merely writes what they say. respond to a request that we have on Sciences, the American Association for In OTA assessments, it is the staff this side to vote around 5:45. Is that the Advancement of Science, the that writes the reports. They listen to agreeable? American Physical Society, Dr. Sally advice, get outside review, and eventu- Mr. MACK. I must say to the Senator Ride, and a host of important compa- ally pass products through the TAB to that I was under the impression that he nies, such as TRW. certify that they are unbiased. Outside and I would be the last to speak on this OTA is unique on the Hill because of experts and stakeholders do not write issue, and I had asked for a delay of the bipartisan Technology Assessment the reports. They provide guidance and recognition of Senator DOLE until 5:15, Board. No other support agency has advice and collective expertise often with the intention of having a vote at such a mechanism to ensure balance well beyond OTA’s. But OTA staff fil- 5:15. I understand that it would be the between the interests of both Houses ters and assimilates this, uses it in intention of the Senator to delay his and of both parties. This structure is conducting analyses, and seeks further vote until 5:45. instrumental in keeping the work ob- review. Mr. HOLLINGS. I have a request on jective and balanced, as well as acting OTA’s work differs from other con- this side by the leader here. as a priority-setting mechanism for the gressional support agencies because its Mr. MACK. Then at this point, I will work that is conducted, ensuring that work is based only in the science and suggest the absence of a quorum. it has broad interest. It enables Con- technology area; the information is not The PRESIDING OFFICER. The gress to leverage OTA’s limited re- readily available for look-up in the im- clerk will call the roll. sources to greatest effect. mediate scientific literature; it is not The bill clerk proceeded to call the OTA works almost entirely on a bian audit of a current issue or a project roll. Mr. MACK. Mr. President, I ask partisan basis, doing major projects re- of costs. The indepth process and re- unanimous consent that the order for quested by both chairmen and ranking view of the issues is unique only to the quorum call be rescinded. minority members. Since 1980, 79 per- OTA, and the scientific and techno- The PRESIDING OFFICER. Without cent of OTA reports have been re- logical expertise of OTA’s staff facili- objection, it is so ordered. quested on a bipartisan basis. tates this approach. With the budget OTA is unique to the Hill in that no Mr. MACK. Mr. President, this de- reductions other congressional support such bipartisan organization could bate has gone on for some time now agencies are making, it is unrealistic exist in the executive branch. For with respect to OTA. I will attempt to to assume they could pick up OTA’s many years, the party holding the ma- make my comments brief. While it was work. jority in Congress did not control the mentioned a moment ago that OTA is White House. That is again the case. I come from a region that under- unique to the Hill, or to the Senate, it Many of us find OTA’s independent, bi- stands that high technology is the area is not unique, though, in what has hap- partisan analysis very helpful under of the future that will provide us the pened to it. these circumstances; we do not have to jobs and information that we need. The Office of Technology Assessment rely on the information and analysis That is what OTA is all about. It does was begun, I believe, in 1972. The idea supplied by the executive agencies. not get information from here. It goes was that it would be a small cadre of Furthermore, over the years, OTA has all the way across the Nation to my individuals, to make some decisions, developed an excellent working rela- State to help establish the policies and would gather information together as tionship with executive agencies— procedures we need in this Senate. It to what scientific and technical data is based in part on their bipartisanship, has been highly reliable, and I think it available and provide that to Members in part on their impartiality, and in would be a grave mistake for this Con- of the Congress. part on their professionalism. No other gress to lose it. We now have an Office of Technology congressional entity elicits this type of I did hear one of my colleagues say Assessment that has 203 people, with cooperation from Federal agencies. that we need to consolidate. Who would an expenditure of over $23 million an- I want to illustrate this with an not agree in this time of budget cuts? nually. Again, those folks have said anecdote. A few years ago the National But I remind my colleagues that in the that we need a counterbalance to the Institute of Justice at the Justice De- Hollings amendment he requires the administration. Well, it is interesting partment was at odds with industry Librarian of Congress to report to Con- that the administration has something over standards and testing for police gress within 120 days on how they could like just under $5 million in its budget body armor, known as bullet-proof consolidate the OTA, GPO, and GAO. I for its science advisor, with 39 people. vests. They consulted with Republican think that amendment looks to their Another point I will make is that I and Democratic staffs of the Senate recommendations, which I think is re- was called by a number of people ask- Judiciary Committee to try to break liable. We need the agencies to tell us ing me to reconsider the proposal to the impasse, but the committee real- how they can be efficient and reach eliminate the Office of Technology As- ized it was dealing with technical those goals. I remind my colleagues, sessment. One of those individuals that issues beyond its depth. Finally, the also, that I have heard some say, ‘‘If we called me said, ‘‘Frankly, after I found NIJ suggested—and the committee cannot cut here, where can we cut?’’ out what was going on at OTA, I readily concurred—that the problem This bill in front of us cuts $200 mil- thought it was a small cadre of individ- should be turned to OTA. OTA’s rep- lion. It shows where effectively we can uals, a small tight-knit group that utation for impartiality would give it cut. I remind everyone that OTA is cut would get this information out to the credibility to solve the problem, by 25 percent in this amendment. This Members of the Congress, and I found which it did. is a very important agency to me. I they had $23 million for their budget.’’ OTA leverages its core staff by mak- hope we do not lose it this year, be- He said, ‘‘That should not be.’’ ing extensive use of outside advisory cause I think we will see what the fu- There is a sense that if we eliminate groups, workshops, contractors, re- ture brings us, and that technology and OTA, somehow science and technology viewers, drawn from both Government science is even more critical in the in America will come to a crashing and the private sector, here and years to come. halt. Again, earlier today we heard abroad. Unlike many other agencies, Mr. MACK. How much time do we about the significance of a grain of the OTA process ensures that OTA gets have remaining? sand, if you will. A grain of sand has

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10386 CONGRESSIONAL RECORD — SENATE July 20, 1995 turned out to be a very significant in the private sector, not in Govern- agreement just propounded by the ma- item on this planet, which is, in es- ment. I yield the floor. jority leader would then require two sence, responsible for the computer. Is Mr. HOLLINGS. Mr. President, I un- recorded votes beginning at 6:15. it not interesting that the computers derstand we are trying to terminate de- Mr. DOLE. I did not propound it. I we deal with today, somehow or an- bate on this particular amendment and wanted to wait until the Senator was other, magically occurred without the then the leader wishes a vote on an- on the floor. Office of Technology Assessment in the other matter. f Congress of the United States? Let me thank Members for the bipar- During our committee hearings, we tisan support and the experts that we BOSNIA AND HERZEGOVINA SELF- had testimony and review of a number have heard in the debate, especially the DEFENSE ACT OF 1995 of documents. Again, this is the Office distinguished ranking member of our Mr. DOLE. Mr. President, I call for of Technology Assessment. Here is a committee, who has studied it closely. the regular order. report entitled ‘‘Understanding Esti- We made the cuts. We were using a $22 The PRESIDING OFFICER. The mates of National Health Expenditures million figure. The distinguished chair- clerk will report. Under Health Reform.’’ man now of that subcommittee says it The bill clerk read as follows: I make the claim that, frankly, that is $23 million, so now it amounts to A bill (S. 21) to terminate the United has very little to do with the Office of more than a 30-percent cut that we are States arms embargo applicable to the Gov- Technology Assessment. cutting the Office of Technology As- ernment of Bosnia and Herzegovina. There is study after study where sessment. The Senate resumed consideration of there is duplication, where we basi- When he talks of the number of em- the bill. cally—when I say duplication, I mean ployees, Mr. President, there are 4,707 Pending: duplication in the sense of the outside, employees over there at GAO. I think Dole amendment No. 1801, in the nature of where we can turn to America and ask we perhaps ought to consolidate it a a substitute. them for information that is available. little bit more. f We do not need to spend $23 million in These arguments that we have heard out of the whole cloth, never have I COMPREHENSIVE REGULATORY a year in order to bring that about. REFORM ACT Another point: I think that probably heard that the Office of Technology As- one of the most significant scientific sessment never studied one of the Mr. DOLE. I exercise my right to call debates or debates about technology greatest advancements in science and for the regular order, thereby begin- that we have had in the Congress in technology, the super collider. They ning 1 hour of debate prior to a cloture years is the issue of the super collider. certainly did not, because they have to vote on the reg reform bill. Interestingly enough, there was no re- be asked by these committees, and the The PRESIDING OFFICER. Without committee chairmen were already in port from OTA on the super collider, objection, it is so ordered. favor of it, and they did not want that again, one of the most significant new The clerk will report. study. Now, if we had that studied, and technologies that the Congress was The bill clerk read as follows: they asked, we would have had it, and considering. A bill (S. 343) to reform the regulatory There are those who say that now we might have done away with the process, and for other purposes. super collider a lot quicker, which per- that we have the budget battle out of The Senate resumed consideration of haps the Senator from Florida and I the way, this is really not an issue the bill. and the Senator from Nevada and I about whether we will cut $200 million; agree on. It is $36 billion in research Pending: it is a question of where. Dole amendment No. 1487, in the nature of Mr. President, I refer to a chart be- and studies and development over in a substitute. the Pentagon—billions. The distin- hind me showing the history of GAO’s Ashcroft amendment No. 1786 (to Amend- guished Senator from Nevada says we full-time equivalent. We began the ment No. 1487), to provide for the designation have to economize. But then the Sen- process in 1993 to reduce the staff and of distressed areas within qualifying cities as ator from Utah says, ‘‘Wait a minute. regulatory relief zones and for the selective the size of GAO. It has gone from 5,150 We have to look at the entire Govern- waiver of Federal regulations within such down to 3,865 as proposed under this ment.’’ zones. bill. It is going to go further as a result I do not know how to satisfy these Hutchison/Ashcroft amendment No. 1789 of what we do in 1997, and what is pro- arguments. We have worked to protect (to Amendment No. 1786), in the nature of a substitute. posed in this bill as well. This amend- the Library of Congress in this amendment says we ought to go further. ment and hope that our colleagues will Mr. DOLE. I ask unanimous consent Chuck Bowsher, the Comptroller support us. that all second-degree amendments General of the United States, was not The PRESIDING OFFICER (Mr. under rule XXII must be filed by the happy to learn that over a 2-year pe- ABRAHAM). Under the previous order, time of the cloture vote. riod we would reduce his budget by 25 the hour of 5:15 having arrived, it is The PRESIDING OFFICER. Without percent, but he worked with us. We time to recognize the majority leader. objection, it is so ordered. asked him the best way to go about it, Mr. MACK. Mr. President, I move to Mr. DOLE. I further ask unanimous and we worked out a plan. We will cut table the Hollings amendment. consent that regardless of the outcome $68 million from GAO this year. Now, Mr. DOLE. I ask for the yeas and of the cloture vote, and notwith- with this amendment, GAO will be nays. standing rule XXII, immediately fol- asked to cut an additional $7 million The PRESIDING OFFICER. Is there a lowing the cloture vote, the motion to out of their budget. sufficient second? There is a sufficient table by Senator MACK be voted on, on This is the wrong way to do it. Mr. second. The yeas and nays were or- amendment No. 1808, the legislative ap- President, I urge my colleagues to vote dered. propriations bill. against this amendment. This is only Mr. DOLE. Before we start the vote, The PRESIDING OFFICER. Without the beginning of the debate. Imagine, I will enter a unanimous-consent re- objection, it is so ordered. here it is, the first appropriations bill, quest. I am waiting for Senator Mr. DOLE. I also ask unanimous con- we have suggested eliminating the DASCHLE. In that request will be that, sent that if cloture is not invoked, the OTA, an agency, in essence, which we regardless of the outcome of the clo- Senate resume the legislative appro- believe is not necessary because we be- ture vote, notwithstanding rule XXII, priations bill. lieve we can get the information from immediately following the cloture The PRESIDING OFFICER. Without a whole series of sources. And we are vote, Senator MACK be recognized to objection, it is so ordered. hearing stories here on the floor of the move to table the Hollings amendment. f Senate that basically say if we elimi- He has done that. So the vote will nate OTA, we will end the technology occur on the motion to table the UNANIMOUS-CONSENT revolution in America. Mr. President, amendment No. 1808. AGREEMENT—S. 21 that is impossible because the tech- Mr. DASCHLE. Mr. President, as I Mr. DOLE. Mr. President, I think we nology revolution in America is driven understand it, the unanimous-consent have an agreement on Bosnia.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10387 Let me indicate, as I said last night, night and perhaps more, subject to Mr. President, it will survive if this I did have a phone visit with the Presi- whatever else may be brought up as a cloture vote is granted. dent of the United States, and obvi- result of legislative appropriations. We have been told that there is ongo- ously I want to cooperate with the I yield the floor. ing negotiation. I can tell you, there President. I think we now have an Several Senators addressed the are at least three points which are not agreement that does that. I thank the Chair. solvable, and upon which negotiation is Democratic leader. The PRESIDING OFFICER. The Sen- not getting closer but is getting fur- I ask unanimous consent that S. 21 be ator from Colorado. ther away. Let me explain those three temporarily laid aside; that on Tues- f points. day, July 25, the majority leader, after First, can you review existing rules? COMPREHENSIVE REGULATORY notification of the minority leader, All of those rules out there which have REFORM ACT may resume consideration of S. 21, the been adopted, some without consider- Bosnia Self-Defense Act, and the fol- The Senate continued with the con- ation of science, some without the fog- lowing amendments be the only first- sideration of the bill. giest notion as to what they would degree amendments in order to the Mr. BROWN. Mr. President, what is cost, some defying logic, some being Dole substitute, and they be subject to the pending business? adopted in opposition to what their relevant second degrees, following a The PRESIDING OFFICER. The own scientists have said—can you re- failed motion to table: There be a Nunn pending business before the Senate is view those existing rules? amendment, relevant; Nunn amend- S. 343, the regulatory reform bill. In the Dole-Johnston substitute, you ment, U.S. participation; Nunn amend- Mr. BROWN. Mr. President, I call up can review those existing rules. In the ment, multilateral embargo; Nunn my amendment 1550. Glenn substitute, there is no right to amendment, relevant. Two Nunn rel- The PRESIDING OFFICER. The Dole review existing rules. evant amendments. Four amendments substitute is not open to amendment at Second, the question of what we call by the distinguished Democratic leader this time. decisional criteria. That is a very min- or his designee, relevant amendments; Mr. JOHNSTON. Mr. President, par- imum, commonsense rule that says in a Byrd amendment, relevant; Kerry of liamentary inquiry: Who is it that con- order to have a rule you have to be able Massachusetts amendment, relevant. trols the time? to certify that the benefits justify the I further ask unanimous consent The PRESIDING OFFICER. At this cost. Mr. President, you would think that, following the disposition of the point, the time is controlled by the two that would be not only common sense above-listed amendments, the Senate leaders or their designees. but that would be a rule of logic, a rule proceed to vote on the Dole substitute, Mr. DOLE. Mr. President, I designate of proceeding as to which all Federal as amended, if amended, to be followed Senator HATCH. bureaucrats would adhere. But there is by third reading, and there be 4 hours Mr. DASCHLE. I designate Senator a gulf between the two sides in this dis- of debate equally divided between Sen- GLENN. pute. We have decisional criteria. The ator DOLE and Senator NUNN, and then The PRESIDING OFFICER. Who Glenn substitutes have what you might final passage of S. 21 as amended, if yields time? call standards for discussion. That is, amended. Mr. BROWN addressed the Chair. you can discuss whether or not the ben- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- efits justify the cost, but it is not a objection, it is so ordered. ator from Colorado. test and it is not going to be used by Mr. DOLE. So, Mr. President, now we Mr. BROWN. Mr. President, what is anybody in determining the reason- have the 1-hour debate before the clo- the pending business of the Senate? ableness or the arbitrariness of that ture vote. Senator JOHNSTON is here, The PRESIDING OFFICER. The regulation. Senator ROTH is here, and there will be Hutchison amendment No. 1789. Finally, there is a question of wheth- a cloture vote and then we will be back Mr. BROWN. Mr. President, I ask er the court can review the risk assess- on the legislative appropriations bill. unanimous consent to set aside that ment, or the cost-benefit ratio for de- Hopefully we can finish that tonight. amendment so I may offer my amend- termining whether or not that rule is Then, we will have the debate, hope- ment No. 1550. arbitrary and capricious. I will read fully, on the rescissions bill tonight. I The PRESIDING OFFICER. Is there the latest draft. will be talking with the Democratic objection? The adequacy of compliance or failure to leader about that. Mr. JOHNSTON. Mr. President, I comply shall not be grounds for remanding The PRESIDING OFFICER. The hate to object, but I think we have the or invalidating a final agency action. Democratic leader. 1-hour debate before the cloture vote. The adequacy of compliance or the failure Mr. DASCHLE. Mr. President, I Mr. BROWN. Let me assure the Sen- to comply shall not be grounds for remand- think the two unanimous-consent ator. My hope is this could be unani- ing or invalidating a final agency action. agreements are ones we feel very, very mously accepted but I would be happy In other words, it does not matter encouraged by. I think there is little to agree to a 5-minute time limit. Let how bad this risk assessment is; it does likelihood that all of the amendments me explain very quickly. not matter how central the science is that were listed in the unanimous-con- Mr. JOHNSTON. Mr. President, if one to the question to be done; it does not sent agreement dealing with Bosnia of the Senators can see if we can clear matter whether it is junk science that will be utilized, but I think it does it, then we might not have any debate. uses all scientists on one side of a ques- allow for whatever extenuating cir- Mr. BROWN. I thank the Senator. tion; it does not matter how unreason- cumstances may occur as a result of Mr. JOHNSTON. Mr. President, I able, how outrageous the failure is to the ongoing meetings. But I certainly wonder if the Senator will yield me 10 comply with the risk assessment or appreciate the cooperation and the sen- minutes? cost-benefit analysis—the court may sitivity demonstrated by the majority Mr. HATCH. Could the Senator take not remand that case to cure that leader on this issue. I hope at some 5 now and if he needs more I will be error. That is exactly what we are point next week we can finalize our happy to? asked to do. work on this resolution, however it Mr. JOHNSTON. Fine. Mr. President, we are getting no- may turn out. So tonight, I hope we The PRESIDING OFFICER. The Sen- where fast. In my view, it is a question can have a good debate on the cloture ator from Louisiana. of whether you want real regulatory motion and also complete our work on Mr. JOHNSTON. Mr. President, it is reform or whether you want sham reg- the rescissions bill so we leave nothing like that tennis match I saw the other ulatory reform. If you want sham, real- other than the votes tomorrow morn- night, where the games were even and ly if you want business as usual, then ing on the rescissions package. they were in the tie breaker. It is 6-all, vote no on cloture, because that is There is a good deal of work we can in the tie breaker, and there is 1 point what you will get and you will be able do tonight. I hope Members are all that is going to make the difference. to go around and say how great these aware that there will be additional And it is this vote. The question is, bureaucrats are and what a good job votes, at least two additional votes to- Does regulatory reform survive or not? they are doing, because they are going

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10388 CONGRESSIONAL RECORD — SENATE July 20, 1995 to continue to do exactly what they It was my understanding, in talking view rules, but we do not let special in- are doing now. to the majority leader on the floor terests petition to put rules on the list. If cloture is voted, and I hope and about an hour and a half ago, that Instead, we provide a process where in- trust it will be, there are a lot of maybe there was some give in that terest groups can appeal to Congress to amendments we are perfectly willing area and perhaps we would be willing have a rule reviewed. And that makes to consider. to talk about the petition process, more sense. It is more fair. But there has to be an end to this which they were not willing to do be- He says our judicial review language process. We cannot have amendments fore. allows more avenues into reviewing out of the expanding file where they Another one that is a killer on this is parts of cost-benefit analysis and risk keep coming and they keep coming. going to require that when an agency assessment than the Dole-Johnston Mr. President, the things that we reviews the rule that all reasonable al- bill. I do not feel that is true. In fact, have solved here—judicial review, we ternatives have to be considered. That I think it is not true. We state explic- thought we had solved that; superman- is an infinite direction. That is a direc- itly in our language that ‘‘the court date, we accepted their language; we tion to do something that is probably shall not review to determine whether thought we had solved decisional cri- not possible to do, to take all reason- the analysis or assessment conformed teria; we thought we had solved agency able alternatives. We wanted to do to the particular requirements’’ of overload, had taken Sally Katzen’s own what the distinguished Senator from cost-benefit analysis and risk assess- concept; we dropped the Tucker Act; Louisiana proposed back several days ment. We would like them to do the we dropped the chevron language; we ago, and that was limit that to perhaps same. I think we are making progress upped the threshold from $50 million to just three or four. We were willing to in that area, too. $100 million; we gave new language on do that. That is fine. Senator JOHNSTON wrote a letter to TRI; we are willing to do more; we are The sunset provision on this, we me, Senator BIDEN and Senator BAUCUS willing to discuss the Delaney rule; we made progress in that particular area. in March of this year stating all of his did away with Superfund. Mr. Presi- On the special interest section, there concerns with the Dole bill as it was dent, we have done a lot. I think we were proposals made on that that they then. Many of the issues he raised have solved all the problems. Sally were willing to discuss. The toxics re- —like too much judicial review and the Katzen gave a list of nine faults with lease inventory, we want to do that. petition process—are still valid prob- the original Johnston proposal. And I At each step along the way what has lems in the Dole-Johnston bill. In fact, think we have solved all nine of them. happened is when we have gotten a let- he stated explicitly in his letter that Now we have found that some of our ter, a proposal that listed the real an- he did not agree with a petition process solutions use the words of the oppo- swers to some questions we had, we for the review of rules. Now he is call- nents—conceding to them. They used have responded. We are in that same ing the Glenn-Chafee bill weak for not those very words against us which they position right now. We are responding. having such a process. admitted, which they confected. They A letter will go back which we worked No. 3, many have accused us of not used those words against us. Mr. Presi- on early today and earlier this after- really being serious about regulatory dent, I do not think it is reasonable. noon. That letter is going back right reform. Let me give you a little back- I hope my colleagues will bring this now proposing some give and take in ground on our good-faith effort to put debate to an end so we can get on with these particular areas. together a viable regulatory reform the amendment process, and so we can Why we have to go to a cloture vote package. pass a bill. Otherwise, it is R.I.P. It is now I do not know. My own personal The Governmental Affairs Com- so long to risk assessment. bottom line on these things has nar- mittee reported out a strong regu- The PRESIDING OFFICER. Who rowed down through all of this process latory reform bill with full bipartisan yields time? over the last 2 weeks to the no new pe- support 15 to nothing, coming out of Mr. GLENN. Mr. President, I yield tition process, to limiting the reason- committee with 8 Republicans and 7 myself 10 minutes. able alternatives to three or four, as Democrats. This bill formed the basis The PRESIDING OFFICER. The Sen- was already agreed to, and to striking for the Glenn-Chafee substitute. It is a ator from Ohio. that section on special interests. That strong, a balanced approach to regu- Mr. GLENN. Mr. President, I do not is the one that is a real killer as far as latory reform. It will relieve the regu- really recognize what has happened health and safety goes because it latory burden on businesses as well as here by the description we just heard leaves the toxics release inventory. It protect the environment, the health, on the floor. We have been negotiating takes it out. It takes out Delaney and the safety of the American people. in good faith. There has been a lot of which needs modification but not just On the other hand, the Judiciary progress made. We started out with elimination. And food safety, health, Committee, on which the Dole-John- decisional criteria. They wanted a things like that go by the board. ston bill is based, had a very divisive least-cost. We wanted cost-benefit. The So I just disagree strongly that we debate on this bill, and they ended up compromise was made that we go to have not made considerable progress on reporting out the bill without amend- greater net benefits. this bill. ment. Some of the departments still have Now let me start with some truths in Before bringing the Dole-Johnston some problems with that. We are work- this debate. We have heard lots of hor- bill to the floor, we sat down with the ing some of those things out. So we ror stories about bad regulations on supporters of S. 343 and had very seri- have made progress in that area. the floor from the proponents of S. 343. ous negotiations on two different occa- Judicial review—it went to the final I do not have to hear those on the sions. We outlined our concerns; we rule. But one of the real killers in this floor. I get enough of them when I go provided written changes to their lan- is the fact that we still have unlimited back home. Many of the stories guage. And for the most part our con- new petition processes. That is just a brought out on the floor here were just cerns were dismissed out of hand. way of saying that anybody that has an plain false. I gave the rebuttal to some Now, after a strong vote on the interest in killing any particular legis- of those things on the floor here where Glenn-Chafee substitute and two losing lation or any particular regulation will we think they went too far. Some of cloture votes, they wanted us to come have the opportunity by the possibility the ones were completely valid. We back to the table and negotiate one of not just a few but hundreds and hun- have pointed them out on the floor too. more time. And we did that yesterday dreds of potential routes in the peti- Let me respond to several of the ac- because we want regulatory reform. tion process by which they can prevent cusations that the Senator from Lou- I am as dedicated to regulatory re- legislation or prevent regulations isiana has made about the Glenn- form as anybody in this body. We need being written that might benefit all of Chafee bill. it. But we want commonsense reform. America. Yet, they can stop it with He says our lookback provisions for We do not want regulatory rollback this particular bill with those petition review of existing rules has ‘‘no teeth.’’ that is disguised in the rhetoric of reg- processes. That is a killer. We made That is wrong. We do have judicial re- ulatory reform. We cannot tie the some proposals on that. view of the agency requirements to re- agencies up in unneeded bureaucratic

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10389 steps for a variety of new lawsuits. riod of time that they did not want to does not have a supermandate. It does That is not regulatory reform. That is see go through. That is not reg reform. not override the law. what this bill does. That is regulatory favoritism for the Mr. President, my point is that we We gave Senator HATCH a list of favored few. I do not see that that does have bent over backwards to negotiate changes that were necessary before we anything for the American people. with our friends and colleagues who could consider supporting the Dole- Under the Glenn-Chafee bill—— have different views, but we have to Johnston bill. They appear to be mov- The PRESIDING OFFICER. The 10 draw this thing to a closure. We have ing on a few important issues. Today minutes has elapsed. to have it come to a conclusion. We they are proposing to: Mr. GLENN. I yield myself another 2 need to have, unfortunately, cloture. I First, change—this was yesterday— minutes. say unfortunately; I do not like clo- change the ‘‘least cost’’ language in What we do in that bill is try to hit ture. But if we are going to end this decisional criteria and replaced it with a balance. We provide redress for reg bill, we have to have cloture. We have ‘‘greater net benefits.’’ reform that has gone too far. We pro- over 250 amendments filed—250 amend- Second, modify a few parts of their vide review over a period of time for ments—many of which are very arbi- judicial review language, including get- every single law, every single rule and trary. Some are serious. ting rid of ‘‘interlocutory review,’’ reg that is out there now. At the same I wish to compliment my friend and which is encouraging. However, there time, we do not dump all of the health colleague, Senator JOHNSTON from Lou- are still some questions in this area. and safety regulations that have been isiana, because he has worked tire- Third, they would possibly adopt the built up over the last 25 years, just toss lessly to put this package together. Is sunset language in the Glenn-Chafee them out or have the possibility by the it perfect? No. But is it a giant step to- bill. processes we are providing in this law ward reining in unnecessary and overly Fourth, they said they would discuss of throwing them out. expensive regulations? Yes, it is. And it the toxics release inventory. That would be a mistake. We do not needs to pass. The cost of regulations But these are not definite changes, want to throw out the baby with the today exceeds $6,000 per family. And and, even so, this bill still has signifi- bath water. What we set up in our bill, that is growing out of control. We need cant problems. First, it has six new pe- the Glenn-Chafee bill, was an even- to rein it in. This is the bill to do it. tition processes. All, except one, are ju- handed approach to this thing. All you We cannot do it if we do not get clo- dicially reviewable and must be grant- can say when you are setting up a bill ture. I do not think we are going to ed or denied by an agency within a cer- like the Dole-Johnston bill that pro- have another cloture vote. I think this tain period. This is just a formula to vides means by which any interested is it. If we do not get cloture today, my tie up the agencies and prevent them party can prevent a rule or regulation guess is we are killing this bill for this from doing their jobs effectively. from going into effect for an indefinite Congress, and a lot of people have They do not change the effective date period of time—and that is exactly worked too hard for that to happen. of this bill. That means that as soon as what this bill does—it cannot be For all my colleagues who say they want regulatory reform, if they want this bill becomes law everything on termed anything except regulatory fa- it, they need to vote for cloture. We that date must immediately comply voritism. That is not in the best inter- will have the opportunity to make with the many rigorous requirements ests of the American people. some adjustments to improve the bill if of this bill. This captures all the rules I reserve the remainder of my time. that are out there in the pipeline right The PRESIDING OFFICER. Who that is necessary. I urge my colleagues to vote for clo- now, and will send agencies back to yields time? ture and let us pass a positive bill that square one on some regulations delay- Mr. HATCH addressed the Chair. will rein in unnecessary regulations. ing them unnecessarily. The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, I yield 6 This is a poor use of Government re- ator from Utah. minutes to the distinguished Senator Mr. HATCH. I yield 3 minutes to the sources. from Rhode Island. Third, they still have special interest distinguished Senator Oklahoma. The PRESIDING OFFICER. The Sen- fixes. They say they are willing to dis- The PRESIDING OFFICER. The Sen- ator from Rhode Island. cuss TRI, and we want to talk about ator from Oklahoma. Mr. CHAFEE. Mr. President, I am that. But making a cloture vote now Mr. NICKLES. Mr. President, first I going to vote for cloture on the next does not permit that to happen right would like to compliment my friend vote, this vote coming up. If regulatory now. We think these provisions simply and colleague, Senator HATCH, from reform means rules that are more cost do not belong in a regulatory reform Utah and also Senator ROTH, from effective and based on better science bill. The Governmental Affairs Com- Delaware, for their patience in working and information, then I am for regu- mittee and the Judiciary Committee on this bill. I will admit that they have latory reform. I continue to believe have held no hearings on these issues. shown greater patience than myself. that the Senate can produce a good In effect, we are taking jurisdiction They have, I think, done an out- regulatory reform bill. So I will vote away from the committees of normal standing job in managing this bill. It is for debate on this bill to go forward. jurisdiction in these areas. These are a very difficult bill. I also want to com- Now, I do not think this bill is per- special interest fixes, clear and simple. pliment the majority leader of the Sen- fect. There are over 200 amendments Fourth, they still have major ate, Mr. DOLE. pending to this bill. Some of these changes to the Administrative Proce- I will tell you, we are going to have amendments, if enacted, would roll dure Act, including adding new peti- this third cloture vote, and I think this back the progress that has been made tions. These are unnecessary. They will is the vote. I have heard some of my to protect health and the environment only add to litigation. colleagues say, well, we need to make over the past 25 years. Every Senator Fifth, too many rules are covered, some more adjustments. We have made will be reserving judgment on that given the Nunn amendment that I think over 100 adjustments to this final vote to see the final package sweeps in any rule that has a signifi- bill. I might go through a list, or when the day is done. In other words, cant impact on small businesses. These maybe put a list in the RECORD, of this is no commitment on my part to are just some of the major issues still some of the changes we made. vote for the final bill. We will see what outstanding. I remember 10 days ago they said we it looks like. Now, we still want to work in good need to increase the threshold from $50 If cloture succeeds, I will be working faith with Senator HATCH, Senator to $100 million. That has been done. We to improve this bill. I have spoken to DOLE, Senator JOHNSTON, and others, need to eliminate the provisions deal- Senators HATCH and ROTH about provi- but we do not want medicine that is ing with Superfund. That has been sions that continue to cause me con- worse than the disease itself. And we done. We need to clarify that it does cern, and they have agreed with some need sensible, balanced, regulatory re- not jeopardize health and safety. We of those concerns and promised to work form. The bill as it is now would per- have done that as well. We have had with me on those items. mit any interest group to tie up in leg- many people mention that it does have Let me say I am grateful to the ma- islation anything for an indefinite pe- a supermandate in it. We said, no, it jority leader and to the Senator from

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10390 CONGRESSIONAL RECORD — SENATE July 20, 1995 Utah Mr. [Hatch] and the Senator from qualify for cost-benefit analysis has I thank the Chair. Delaware, Mr. [Roth] for their willing- been raised from $50 to $100 million, a The PRESIDING OFFICER. Who ness to address the concerns that I change that will help agencies target yields time? have expressed. We have put together a resources at remedying rules that im- Mr. GLENN. I yield 7 minutes to the package of amendments that will be of- pose the greatest burden on the econ- distinguished Senator from Michigan. fered later. They have promised sup- omy. The PRESIDING OFFICER. The Sen- port for those amendments. They will Additional negotiations have taken ator from Michigan. make several changes to this bill that place during this week, since the first Mr. LEVIN. Mr. President, I think will resolve some of my major con- cloture petition failed, and some addi- most Members of this body want a cerns. tional concessions have been made to strong regulatory reform bill. I hope This package of amendments will opponents of the bill. I believe that most Members of this body also want strike the provision in the bill that re- both sides have negotiated in good to make sure that we preserve impor- quires agencies to pick the least costly faith, and I applaud Senators HATCH tant health, safety, and environmental regulatory option. That will no longer and others involved in the process for protections. The problem with the cur- be required. They will not be required accepting a number of reasonable rent version, the most recent version of to pick the least costly option. Instead, changes to the underlying bill. the bill before us, is that it fails both they are to select the option that pro- While these changes do not go far tests. The bill before us has such proce- vides the greatest net benefit. Now, enough to ameliorate the concerns I dural complications, so many grounds this is a very significant change. have previously expressed about the for litigation, so many appeals to This package that we are talking bill, there comes a time when the ma- court, that it will not cure the patient. about makes several changes to the ju- jority must be permitted to impose its And this patient is sick. It is going to dicial review provisions, including de- will. I believe that time has now come. choke this patient with litigation that letion of the item that would have re- I would prefer to see a bill that relied for the first time will be permitted on quired substantial support in the more on Congress to improve the regu- just about every request that is made record for all the facts on which the latory system than the courts, and I to an agency. Under this bill, for the rule is based. That is deleted. would like to try more incremental re- first time, if you make a request to an The package also deletes the auto- form instead of flooding our agencies agency for an interpretation of a gen- matic sunset of existing rules. It scales with such burdensome analytical re- eral statement of policy, then the let- back the large number of petitions that quirements that their effectiveness ter that you get back from the agen- could be filed under the Administrative may be hampered. cy—and there are tens of thousands of Yesterday I had occasion to discuss Procedure Act. These amendments will these letters—is subject to judicial re- this legislation with Philip Howard, definitely improve this bill. view. author of the book that has been cited It is time, in my judgment, to com- We have not had judicial review of dozens of time during the course of this plete work on this and move on to agency letters giving guidance, state- debate, ‘‘The Death of Common Sense.’’ other important business in the Sen- ments of policy, or interpretations of To summarize his views, the man who ate. We have a lot before us. If we work interpretive rules. For the first time; wrote the book about common sense hard, we can get a good regulatory re- for the first time. believes that the bill, in its current Probably 90 percent of the paper that form bill. form, does not make sense. Its over re- Mr. President, I will certainly be comes out of an agency in terms of giv- liance on litigation and Rube- striving to achieve that. ing guidance to small business people Goldbergesque petition process will Mr. COHEN. Will the Senator yield? is going to be subject to litigation. complicate the regulatory process in- Mr. CHAFEE. I would. This is not curing the patient, this is stead of streamlining it. We might well Mr. COHEN. I would like to associate killing the patient. This is choking the do better to start all over again and myself with the Senator’s remarks and patient to death instead of giving cor- try to come up with a bill that is less indicate that I wish to commend him rective surgery. Now, that is the cur- complicated, but would achieve the for the effort he has made to try to per- rent version, the current version of the goal of meaningful regulatory reform. suade our colleagues to move closer to Even though I have been unable to Dole-Johnston bill. Now, we understand there are going the position of the Senator from Rhode convince my colleagues on these issues, to be some changes that will be offered Island and the Senator from Ohio. I will not stand in the way of permit- Mr. President, I have been engaged in ting an up or down vote on the ap- in this as a result of negotiations, and the debate over regulatory reform proach that they support. But if clo- that is fine, if, in fact, those changes since February when the Government ture is obtained, I will vote against the are agreed to by the Senate, and if Affairs Committee held a series of bill. there is a chance to debate and review hearing on the issue. I was involved in Even if the bill passes the Senate, these things to see whether or not, in the negotiations over the bill that there remains a long way to go before fact, it has happened. But we have just emerged from the committee and held the bill becomes law. The legislation been informed of this in the last few a field hearing in April where Mainers that passed the House is clearly unac- minutes. In the last few minutes, we had an opportunity to express both ceptable. By voting for cloture today, I are now informed there is going to be a support for and opposition to regu- am not suggesting that I will vote for whole bunch of additional changes that latory reform. cloture on a conference report that are going to be made in the Dole-John- I have also carefully watched the de- contains the same defects as the House ston bill, and changes are needed. bate that has transpired on the Senate bill or exacerbates the weaknesses of The problem is, there are a lot of ad- floor over the past 2 weeks. Tuesday the Senate bill. ditional changes which are needed, as there was a vigorous debate on the But the time has come for the proc- well. There are amendments at the Glenn-Chafee substitute, which, to my ess to move forward. I still hold out desk which are relevant, which will be disappointment, was narrowly de- hope that the bill will continue to be precluded from being offered if cloture feated. improved and a bipartisan regulatory is invoked. That is a critical distinc- I believe that there has been suffi- reform bill will be enacted into law tion, because cloture will prevent the cient time for all views to be aired and during this session of Congress. sponsors of relevant amendments that extended debate has let to sub- Mr. CHAFEE. Mr. President, I think which are not technically germane stantive improvements in Dole-John- we share those concerns. We do not from offering those amendments. And son bill. S. 343 has changed a great deal have any idea what will emerge from may I say, that is also going to be true since its introduction. Its superman- conference, and we are not sure what is of changes in the proposals which are date has been significantly modified, going to happen to these amendments going to be offered by the Senator from its petition process has been narrowed, that are before us that will be taken Rhode Island. That language has not and the scope of judicial review has up. So my commitment is to vote for been offered yet. Amendments to that been reduced. Due to an amendment on cloture. That completes my commit- language presumably are not going to the floor, the threshold for rules to ment. be in order because that language was

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10391 not even in the bill at the time the clo- is a mistake to derail the process I thank my colleague from Utah. ture motion was filed. which we now have, which is to nego- The PRESIDING OFFICER. Who Yet, if cloture is invoked, amend- tiate a strong regulatory reform pack- yields time? ments which are relevant to the bill age, but one that does not choke the Mr. GLENN. Mr. President, I yield 7 which was on file when cloture was patient in the name of reforming regu- minutes to the distinguished Senator filed will be precluded, as well as lations. We can have clean air, clean from Massachusetts. amendments to these new changes water, a safe environment, and we also The PRESIDING OFFICER (Mr. BEN- which have been discussed in the last can get rid of the abuses of the regu- NETT). The Senator from Massachu- few minutes. latory process. We cannot have both. setts. Now, we have made too much The version that I have last seen, at Mr. KERRY. Mr. President, I would progress to legislate this way. We have least—the last version that we have— like to begin by sharing with our col- had negotiations which have been does not yet achieve those goals. leagues a statement by the Vice Presi- fruitful. We have made progress which Therefore, I hope that cloture will not dent this afternoon: I think is reflected by the fact that the be invoked, and that we will then pick This afternoon, the Senate will consider Senator from Rhode Island is now say- up that negotiating process and con- shutting off debate on the Dole regulatory ing that many of his concerns have clude it. It was moving along quite well reform bill. I urge Senators to reject the mo- been addressed. That represents tion and continue debate. The bill sells out until this cloture motion was filed. I to special interests and puts the health and progress because many of the Senator’s am afraid that this cloture motion, in- safety of all Americans at risk. It creates concerns are the same concerns that stead of advancing the goal which we more bureaucracy and more loopholes for this Senator has and many other Sen- all share of strong regulatory reform, lawyers and lobbyists to challenge and weak- ators have. will derail those negotiations. And that en health and safety standards. In essence, it But there are other concerns which would be too bad. threatens the progress we have made over we can address if we will continue a Mr. President, I yield the floor. the past 25 years to protect us from unsafe process which has made some progress. The PRESIDING OFFICER. Who drinking water, contaminated meat and dan- To suddenly terminate these negotia- yields time? gerous workplaces. The American people expect and deserve tions by voting cloture and to rule out Mr. HATCH. Mr. President, I yield to better. The President supports passage of probably dozens of relevant amend- the distinguished Senator from Mis- true regulatory reform legislation. However, ments that many of us have filed in souri 2 minutes. this bill fails to achieve it. It should be op- this bill is not the way to address regu- The PRESIDING OFFICER. The Sen- posed if it cannot be changed, and should it latory reform. ator from Missouri. come to the President’s desk, he would veto Mr. President, whether or not cloture Mr. BOND. Mr. President, I thank the it. succeeds—and I hope it fails—these ne- distinguished manager of this bill. He So the choice here, Mr. President, is gotiations should continue. I think all has done an excellent job with respect whether we go through an exercise of us that have been involved in these to the negotiations. They have been which will end up in a Presidential negotiations, as long and as time con- going on since February. We have been veto or whether we recognize what is suming as they have been, at times as working on this bill for over a month. really the choice here. The Senator frustrating as they have been, can hon- The last package that was presented to from Louisiana suggested the choice is estly say we have made substantial us by the other side actually gutted whether you want regulatory reform or progress. The last thing that we did the provisions that small business not. That is not the choice before the was to submit a package proposal, and needs in regulatory flexibility. They U.S. Senate. as far as I know, we have not yet re- took out three other main provisions The choice is whether you want to ceived a package response. that small business wants. have a bill that, in the guise of regu- But rather than get involved in the As I have said on this floor before, latory reform, tears at the capacity of debate over what the last item of nego- small business has made regulatory re- the regulatory process to work and tiation was, let me simply say that we form a top priority. The number three undoes years of progress with respect have made significant progress during item of the delegates to the White to the health and safety and environ- these negotiations and that will be sud- House Conference on Small Business ment on behalf of special interests, or denly terminated and upset if cloture was making regulatory flexibility work whether you want to continue to nego- is invoked, which prevents relevant for small business. We have just suc- tiate in an effort to come up with a bill amendments from being offered. And cessfully negotiated with the distin- that is fair and reasonable. amendments to language which has not guished chairman of the Environment Let me answer the questions of the even yet been seen, but which presum- and Public Works Committee, Senator Senator from Louisiana himself. He ably will be accepted, according to the CHAFEE, a commonsense change in reg- suggested to the Senate the question, Senator from Rhode Island, are also ulatory flexibility that harmonizes it can you review existing rules, and said, going to be precluded, because that with the provisions in cost-benefit. So under Dole-Johnston, you can, but language which is going to be presum- you have cost-benefit and regulatory under Glenn you cannot. That is not ably accepted was not part of the bill flexibility for small business. So they true. That is just not true. at the time that the cloture motion work together. Under the Glenn bill, you have the was filed. Mr. President, we have gotten down ability to get on to the schedule I do not know of anyone who has to what we call in Missouri ‘‘Show me through the agency, and even if the worked harder for regulatory reform in time.’’ We have had a lot of talk, a lot agency turns you down you have the this body than the Senator from Ohio. of nice words. But the time has come ability to have judicial review, and if As long as I have been here, he has to show me whether you are for small judicial review turns you down, you fought for regulatory reform, including business or against it. Small business have the ability to come before the cost-benefit analysis, risk assessment, and agriculture, working men and U.S. Congress and have the Congress and other changes. The bill which he women in America today want reason- put you on the list. That is review: sponsored, along with the Republican able, commonsense regulations. We Congressional review, judicial review, chairman of the Governmental Affairs have had good input from both sides in and agency review. Committee, got unanimous, bipartisan this body. We now have a bill that The Senator suggested that on support in Governmental Affairs. That ought to move forward. We are in a po- decisional criteria, there is somehow a bill represented significant progress. sition to do so. gulf between both sides. He said that in That bill got 48 votes, basically, in this So I urge my colleagues to invoke Dole-Johnston there is decisional cri- body a few days ago. cloture, to cut off the filibuster. Let us teria, but in Glenn-Chafee there is not. There is, I believe, again, almost a get about the job of reforming regula- But the truth is, we have come to a consensus that we must do things dif- tions and see that we can have the point of compromise on decisional cri- ferently in the regulatory area. The commonsense protections that regula- teria, and we have given by accepting Senator from Ohio has been a stalwart tions give us without unnecessary bur- something that is not even in the fighter for regulatory reform. I think it dens. Glenn-Chafee bill. We put into our

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10392 CONGRESSIONAL RECORD — SENATE July 20, 1995 compromise an acceptance of the con- Mr. JEFFORDS. Mr. President, I rise local, and tribal governments; and regula- cept of decisional criteria so that you to say that I am pleased we are mak- tions that are effective, consistent, sensible, will, for the first time, have risk as- ing, I think, constructive progress on and understandable. sessment and cost evaluation. That is a this bill. I have watched the bill as it The Executive order then concludes giving by both sides, which is reflective has progressed, and I have not sup- that ‘‘We do not have such a regulatory of what the compromise process ought ported cloture up to this point, because system today.’’ to be. I felt it was necessary to keep pressure In a seminal report, ‘‘Risk and the The last question the Senator asked on to make sure that constructive Environment,’’ a bipartisan, blue rib- was whether or not you can review in progress was made. bon panel of the Carnegie Commission the end. He suggested that somehow we I have seen things with respect to has emphasized: are trying to set up a process that will cost benefit, to net benefit and matters The economic burden of regulation is so preclude review of the cost evaluation of change relative to judicial review great, and the time and money available to or the risk assessment. I say to my address the many genuine environmental and substantial other improvements. and health threats so limited, that hard re- friend, that is not accurate. We are pre- There are also other amendments pend- source allocation choices are imperative. pared to accept, and have accepted, the ing which I believe can improve this Justice Stephen Breyer, who was concept of cost analysis review taken bill. Whether they will improve this nominated to the Supreme Court by into the whole record and judged for bill to the point that I could vote for President Clinton, has testified: arbitrariness and capriciousness, and it, I am not at all sure. But I will we have accepted the notion of risk as- Our regulatory system badly prioritizes watch the progress as we go along. the health and environmental risks we face. sessment being reviewed as part of the The filibuster should not be used Paul Portney, vice president of Re- whole record and taken into consider- purely to prevent passage of bills, but ation for arbitrariness and capri- sources for the Future, has observed it should be used in a meaningful way that ‘‘Much good can come from a care- ciousness. to ensure that an opportunity is made What we disagree on to this day is ful rethinking of the way we assess for constructive change and construc- risks to health and the environment whether or not the language set out in tive passage of a piece of legislation. the Dole-Johnston bill sufficiently pre- and the role we accord to economic So although I have not supported clo- costs in setting regulatory goals.’’ cludes the procedural aspects from ture in the past, it is my view that it being thrown into the mix in a way All of these quotes show quite clearly is time to allow us to continue, recog- that there is a very real and pressing that increases more regulatory process. nizing that by granting cloture does Mr. President, I have shown this be- problem with Federal regulation. This not mean the debate closes, but rather is not about rolling back environ- fore. I show it again because it is not that we will have amendments which heard. If Philip Howard’s book about mental, health, and safety standards. are already filed and are relevant to be the death of commonsense suggested This is about reforming the regulatory taken up. that the current regulatory process process so we can achieve more good So I look forward to seeing what kind with our limited resources. This is not represents that death, this bill is the of progress we have made, what the bill funeral, not just for commonsense but a one-party issue. looks like and, therefore, it is my infor the progress we have made on the Mr. President, let me point out that tention to vote for cloture this time, health and safety and the environment, today, the managers of S. 343, again, whereas I have withheld my vote in the because it creates 88 different stand- have agreed to many changes to ac- past two attempts. ards, formal standards, which will be- commodate the concerns of our col- Mr. HATCH. I thank the Senator come part of the record which will then leagues. I doubt that our distinguished from Vermont. I yield 3 minutes to the be subject to the review that the Sen- Vice President has had the opportunity distinguished Senator from Delaware. to review these changes. But I hope he ator will not assist us in guaranteeing The PRESIDING OFFICER. The Sen- will draw the distinction between pro- will, because I think if he did, he would ator from Delaware. see that this legislation that we are cedure and the overall record. Mr. ROTH. Mr. President, I rise to I respectfully say to my colleagues, proposing today means real reform to a urge my colleagues to come together to this is not a vote about whether you system that is badly out of kilter. support the ongoing effort to reform want regulatory reform or not. It is a Let me point out that we have the regulatory process. We want to vote about whether or not we are going agreed, for example, to add new lan- make regulations both more efficient to continue to put this bill in a posi- guage to make perfectly clear that S. tion to become a sensible bill that rep- and more effective. We want to protect 343 does not contain a supermandate. resents the resurrection of common- health, safety, and the environment in We have also agreed to amend the cost- sense as opposed to its death. a more effective way, and we want to benefit decisional criteria of section This bill, in its current form, has reduce the cumulative regulatory bur- 624 to replace the least-cost test with a more petition processes than any agen- den that impacts on all of us as con- greater net benefits test. Moreover, we cy could conceivably live under. If you sumers, wage earners and taxpayers. have agreed to streamline the petition are in favor of streamlining Govern- This is a call for progress, not re- provision to section 553; to delete inter- ment, if you are in favor of reducing treat. Since the beginning of this ses- locutory appeals; to replace the auto- bureaucracy, if you are in favor of tak- sion, I have stated repeatedly that reg- matic sunset in section 623 with a pro- ing the maddening chase of Washington ulatory reform should be a bipartisan vision in the Glenn-Chafee substitute out of the process, then you should not issue and virtually everyone who has providing for a rulemaking to repeal a vote for cloture, because the fact is examined the regulatory process, re- rule; and to delete the requirement that this bill has such a tier of peti- gardless of their political bent, has that a rule have substantial support in tioning processes with so many re- concluded that it needs to be reformed. the rulemaking files. quirements for evaluation, with so Let me just take a moment to share Mr. President, these changes show many time periods of a fixed certain some revealing statements. clearly that we are acting in good faith time that you are going to have this President Clinton, in the preamble to to meet the concerns of our colleagues bureaucracy tangled up on top of each Executive Order 12866 on regulatory who want regulatory reform. I now call other without the ability to serve the planning and review, stated: upon those who want to help this effort American people, which is their pur- The American people deserve a regulatory to step forward and support cloture. We pose. system that works for them, not against must reform the regulatory process in The PRESIDING OFFICER. The Sen- them: a regulatory system that protects and a meaningful way, and the Dole-John- ator’s time has expired. improves their health, safety, environment, ston compromise would provide the re- Mr. KERRY. Mr. President, I hope and well-being and improves the perform- form we need. It would be a terrible ance of the economy without imposing unac- our colleagues will allow us to try to ceptable or unreasonable costs on society; waste to destroy this unique oppor- continue and to negotiate a reasonable regulatory policies that recognize that the tunity to reform the regulatory proc- bill. private sector and private markets are the ess. Mr. HATCH. I yield 2 minutes to the best engine for economic growth; regulatory Mr. President, I yield back the re- distinguished Senator from Vermont. approaches that respect the role of State, mainder of my time.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10393 CLEAN WATER ACT PENALTIES compliance plan has been negotiated committee on Drinking Water, Fish- Mr. PRESSLER. Mr. President, it is and the locality is acting in good faith eries and Wildlife. my intent to offer an amendment to to carry out the plan. Further, my My chief concern in seeking to enact lift the unfair burden of excessive regu- amendment would act as an incentive this measure is to prevent Watertown, latory penalties from the backs of local to encourage governments to move SD, from being forced to pay penalties governments that are working in good quickly to achieve compliance with the that are accumulating while the city is faith to comply with the Clean Water Clean Water Act. devoting its limited resources to com- Act. This amendment simply is designed pliance with the law. Mr. President, the goal of the under- to address an issue of fairness. Local Mr. CHAFEE. I understand the dis- lying legislation is to bring common governments must operate with a lim- tinguished Senator’s concerns. I recog- sense to the regulatory process. That is ited pool of resources. Localities nize that his measure already has bi- the goal of my amendment. should not have to devote their tax partisan support and the backing of a Under current law, civil penalties revenue both to penalties and programs number of local government organiza- begin to accumulate the moment a designed to comply with the law. It de- tions. I also recognize the strong desire local government violates the Clean fies common sense for the EPA to be of the Senator from South Dakota to Water Act. Once this happens, the law punishing a local government at the assist the people of Watertown. For requires that the local government same time it is working in good faith those reasons, I intend to work with present a municipal compliance plan to comply with the law. My amend- my friend from South Dakota and give for approval by the Administrator of ment restores common sense and fair- his proposal full consideration in my the Environmental Protection Agency ness to local governments. By dis- committee. [EPA], or the Secretary of the Army in continuing burdensome penalties, local Mr. PRESSLER. I thank my friend cases of section 404 violations. How- governments can better concentrate from Rhode Island for his willingness ever, even after a compliance plan has their resources to meet the intent of to consider this important measure. I been approved, penalties continue to the law in protecting our water re- look forward to working with him to accumulate. In effect, existing law sources from pollution. ensure that local governments are gives the EPA the authority to con- Mr. President, I see the distinguished treated fairly under the Clean Water tinue punishing local governments chairman of the Environment and Pub- Act. while they are trying to comply with lic Works Committee on the floor. I Mr. HATCH. I yield to the distin- the law. know my colleague is aware of my guished Senator from New Mexico. When I talk with South Dakotans, amendment, and that it would affect Mr. DOMENICI. Mr. President, with- few topics raise their blood pressure the Environmental Protection Agency, in the last 48 hours, I heard a story I faster than their frustrating dealings which is within the jurisdiction of his want to share with the Senate. Two with the Federal bureaucracy. Govern- committee. businessmen, who, 15 years ago, were ment is supposed to work for us, not Mr. CHAFEE. I thank the Senator working people, got into a business. against us. Mr. President, this is clear- from South Dakota. The Senator raises They worked hard. The banks lent ly a case where the Government is some understandable concerns regard- them some money. In both cases, they working against cities and towns that ing the imposition of civil and adminis- are very wealthy today, and they have are trying to comply in good faith with trative penalties on municipalities families. They struggled through 15 to the Clean Water Act. working to comply with the Clean 18 years of hard work in businesses. In South Dakota, the city of Water- Water Act. One of the most deplorable state- town’s innovative/alternative tech- As my colleague knows, my comments I have ever heard is that these nology wastewater treatment facility mittee will soon begin consideration of two men have both said openly and was built as a joint partnership with the reauthorization of the Clean Water publicly, ‘‘I do not want my sons to go the EPA, the city, and the State of Act. I believe the Senator’s proposed into business. Business is not worth it South Dakota in 1982. The plant was amendment is worth considering as anymore.’’ That is what we are talking constructed with the understanding part of the Clean Water Act. In fact, in about here. They did not say that be- that the EPA would provide assistance August, I intend to hold a hearing to cause business was too hard for them, in the event the new technology failed. discuss changes to the Clean Water but because Government had made it The facility was modified and rebuilt Act. too hard for them, and it did not jus- in 1991 when it was unable to comply Rather than offer the amendment to tify their hard work and dedication with Clean Water Act discharge re- the pending legislation, I invite the sufficiently for them to want their sons quirements. Unfortunately, the newly Senator from South Dakota to testify to join and go into the private sector reconstructed plant still was found to at this hearing on the very issue ad- as young businessmen and struggle in violate Federal regulations. The city dressed in his amendment. Further, the the American regulatory environment now faces a possible lawsuit by the Senator from South Dakota has my as- of today. Federal Government and is incurring surance that the Environment and That is what this evening is about. fines of up to $25,000 per day. Public Works Committee will give his We are choking that kind of enthu- The city of Watertown has entered proposal full consideration during its siasm. And I can tell you—I do not into a municipal compliance plan with deliberation of the Clean Water Act. know if it is widespread, but I am the EPA. Under the agreed plan, Wa- Would that be satisfactory to the frightened to hear it. If it becomes tertown should achieve compliance by Senator? widespread in America, it will choke December 1996. However, that plan does Mr. PRESSLER. The suggestions of what America needs most—risk-takers, not address the issue of the civil and the Senator from Rhode Island indeed small business people who are thrilled administrative penalties that continue are satisfactory. I look forward to tes- enough about it, that they would love to accumulate against the city. tifying before his committee on the to have their kids join them and go Under the law, Watertown could ac- issue of allowing the waiver of civil and into business. cumulate an additional $14 million in administrative penalties for munici- So if we wonder who we are working penalties before the treatment facility palities working toward compliance for—the Vice President’s letter says is able to comply with the Clean Water with the Clean Water Act. ‘‘special interests.’’ Whenever there is Act requirements. I would like to emphasize that the nothing else to talk about, the Vice Mr. President, I do not know of any National League of Cities, the National President or somebody in the White cities in South Dakota that can afford Association of Counties, and the South House says, ‘‘special interests.’’ Our those kinds of penalties. Dakota Department of Environment special interest is the small business My amendment would offer relief to and Natural Resources have expressed men and women in America, who cre- cities like Watertown. Under my strong support for my proposed amend- ate the jobs, create the wealth. They amendment, local governments would ment. In addition, my amendment is cannot stand it anymore. How much stop accumulating civil and adminis- supported by the Democratic leader longer do we have to stay on the floor trative penalties once a municipal and by the chairman of the Sub- before we send them a little hope that

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10394 CONGRESSIONAL RECORD — SENATE July 20, 1995 what we are doing is not going to con- improved public involvement, is likely to be line is that the regulatory process tinue as it has been? You know, I do the most cost-effective way to improve the should be a collaborative effort be- not think they would believe us any- quality of regulations and to enhance regu- tween the public and the Federal Gov- way. The more they watch what is latory compliance. ernment. going on here on the floor, I am con- As the working groups noted: As important, small businesses fident that if any of them did, they are . . .waiting until a regulation has been draft- should not be seen as autonomous, even more sure that we do not know ed, and a notice of proposed rulemaking faceless, inhuman entities trying to whether we are ever going to help them [NPRM] has been published in the Federal skirt the health, safety and well-being or how we are going to help them. Register, may result in the loss of the opportunity for stakeholders to provide meaning- of their fellow citizens. These are men f ful input early enough in the process. and women—and in my State, the ma- The working groups explored various jority of new businesses are small busi- SMALL BUSINESS ADVOCACY nesses, and the majority of those are AMENDMENT ways to address the need for early input, suggesting an Electronic Regu- women-owned businesses—who are try- Mr. DOMENICI. Mr. President. I am latory Information Center [ERIC] or ing to make a living, with fairness and pleased the Senate has accepted my electronic dockets to advise the most good business practices. They may small business advocacy amendment to interested parties of forthcoming regu- hang out their shingle as a CPA firm, the regulatory reform bill. Several latory initatives. These suggestions establish a women’s magazine for the issues have been raised relative to this have considerable merit, not only for local community, set up a hardware or amendment that I believe warrant clar- small businesses but for any others supply company, or make salsa to sell ification. who are interested in the impending at the local museum—they all fit the First, a concern has been raised regulations. definition of small businesses. When about the issue of timing; that small It is absolutely true that the small there is criticism that the workers businesses will have input into the reg- business advocacy amendment has sin- may be shortchanged in a new regu- ulatory process prior to a notice of pro- gled out small businesses as important latory process, I suggest we should con- posed rulemaking is issued and that entities deserving early participation sider changing our definition of work- other affected interests do not have in the regulatory process. I believe the ers. These men and women are work- this special treatment. In response to specific requirements for input, as ar- ers, and their voices are as critical to this concern, let me quote several find- ticulated in the amendment, are whol- the process as are, for example, the ings from the July 1994 ‘‘Small Busi- ly consistent with existing statutes, voices of a 20,000-plus member labor ness Forum on Regulatory Reform— various Executive orders, and countless union. Findings and Recommendations of the studies and reports that require or rec- The second issue I want to clarify is Industry Working Group:’’ ommend small business collaboration that a post-regulation survey may be a The work groups clearly felt that early in the process. And, as evidenced by burden on an agency. I strongly sup- communication and input from small busi- the agency working groups in the small port efforts to reduce the paperwork ness owners and other stakeholders would be business forum on regulatory reform, burden on all Americans, including our key ingredients in the achievement of the federal agencies. Relative to this sur- dual objectives of participation and partner- early participation has a beneficial im- ship.... Many agencies track in-house, by pact on the relationship of the stake- vey, I cannot believe that agencies are computer, the progress of all proposed regu- holders and the Federal Government. disinterested in how their regulations lations which have reached the drafting I believe I speak for millions of small are working. We, in Congress, certainly stage. Each agency presently prepares and business men and women when I say receive enough inquiries requesting re- submits to OIRA a regulatory agenda every that a ‘‘partnership’’ with their gov- visions to various regulations to know six months which includes all regulations ernment is what they are after, not the that some regulations need changes. proposed by the agency. present ‘‘adversarial’’ relationship. Let And, we certainly know that small Much discussion and deliberation took businesses find complying with mul- place in the work groups regarding the ear- us not be afraid to change the present liest date at which input should or could be system—we know it is not working at tiple regulations imposes an incredible solicited from stakeholders affected by a its optimum. If we need to change the burden on them because a company of proposed regulation. At any given moment entire system so other affected mem- 25 employees must comply with most in time, there may be hundreds of ideas and bers of the public have a means of voic- of the same regulations as a company concepts afloat in an agency. To solicit input ing their particular concerns early in of 1000 employees: this costs time and at the very inception of the idea would im- the process, then let us do it. Let us money a small company often does not pose too much of a burden upon the agency have. and the small business community. Often not, however, be fearful that early one, two or even more years pass while a reg- input or early participation by small To better understand the impact of a ulation is in the development stage, sup- businesses is detrimental to the proc- major regulation on small entities, a porting information is being gathered and ess or gives them an unfair advantage. survey will provide vital information analyses are being made. At the same time, Early participation is already sup- as to how well it is working and wheth- waiting until a regulation has been drafted, ported as one of the best ways to ad- er there are ways to adjust the regula- and a notice of proposed rulemaking [NPRM] dress potential problems. tion to meet changing circumstances has been published in the Federal Register, It was my intent, and the intent of or needs. Why should such a survey be may result in the loss of the opportunity for a burden or incur a frightening sce- stakeholders to provide meaningful input those who cosponsored this measure, to early enough in the process. provide a much-needed mechanism for nario to an agency? The agency does not have to be involved with the survey Let me emphasize, the working two federal agencies to be able to address what they, themselves, have al- —it will hire a firm to conduct the sur- groups—which included participants vey and provide its findings. And, there from the Environmental Protection ready recognized as a deficiency in the present system: The need for early is nothing in this amendment that Agency and the Department of Labor— mandates a small business must re- met in multiple sessions over a 3 input for information and discussion purposes to make the process more ef- spond to a survey or that the agency month period of time. A total of 70 must adhere to any of its findings. In Government representatives partici- ficient and effective. I am pleased that this principle of fact, from all of the information I have pated in the work sessions. The report received from the New Mexico Small stated that although the interagency reaching out to affected citizens is one with which we seem to all agree. I sug- Business Advocacy Council—which I groups worked independently, their re- established 2 years ago—and other ports reached similar conclusions: gest, therefore, that if this mechanism works as we all believe it will, that it small business suggestions, small busi- Their similarity suggests that the prob- may just have a positive impact on the nesses would love the opportunity to lems facing both small business owners and provide an assessment of how a regula- the agencies in the regulatory process may way all regulations are developed in be universal, extending across industry and the future, for all of our citizens who tion is working, either pro or con. agency lines. The groups all agreed that a wish to make things work more effi- Mr. President, I and others have been comprehensive, multi-agency strategy, with ciently and effectively. The bottom listening to the men and women in our

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10395 States who have said there is a prob- criticisms in the way that the Environ- that some of these representations lem with the regulatory process. In ef- mental Protection Agency presently were true. Now, we do not believe that fect they have been telling us in every conducts its risk assessments during the latest Kerry-Glenn proposals are possible way they can that they need rule promulgation. right. They not only do not address our to be a participant in this process; they As a result of this activity, I sought offers made on Tuesday, which were would like to offer suggestions that and got an amendment during reau- made to meet both side’s concerns, in will make regulations work better; thorization of the Safe Drinking Water words that we thought we had agreed that they have some common sense Act last year that would have required on in the meetings; but then their suggestions that can make the regu- regulations issued under that act to be counteroffer significantly expands the latory process a participatory one. But, based on the best available peer-re- areas of disagreement by adding new there is no mechanism that provides an viewed science. Such good science was issues. That is what we have been informal way of getting their message clearly needed with regard to the oper- going through the whole time. We get out. Everything is complicated. Every- ation of the Safe Drinking Water Act. to where we think we have it, and the thing is rigid. And, nobody cares. For example, EPA has consistently next thing you know, 10 more issues We are offering a possible solution so proposed a minimum contaminant are on the table. that the voices of millions of men and standard for radon in drinking water Let us worry a little more about the women-owned small businesses can be which could cost water systems upward American people. This bill takes care heard. We are offering a mechanism for of $12 billion in capital cost alone, even of providing that the best science will a question and answer survey to be though EPA’s own Science Advisory be applied, and that the right decisions conducted that may provide some Board criticized that standard for not will be made, and that the bureaucracy meaningful insights as to how regula- focusing limited resources on more im- will have to be accountable for the first tions, including, for example, how portant risks. time in the history of this country. health and safety standards can be bet- My good science amendment was a This is one of the most important bills ter implemented. specific remedy in one law. But I be- in the history of this country because I am proud of this amendment. I do lieve that there is an urgent need for it means getting the status quo, the not believe the majority of Americans realistic and plausible exposure sce- overwhelming, unthinking bureauc- are fearful of this approach; it is an in- narios and sound science in all risk as- racy, off of our backs and makes them ventive one that we hope is responsive sessments. I am pleased, therefore, become more responsible to issue good to legitimate concerns. that the Dole bill requires that risk as- regulations, rather than bad, based I believe the revisions worked out sessments be based only on the best upon the best science available. prior to the amendment’s acceptance available science, a basic requirement It gets the American public from un- helped clarify its intent. I hope we can which has been sorely needed for far derneath the horrendous burden of un- wholeheartedly embrace this innova- too long. necessary, silly, and dumb regulations. tive approach to ‘‘hearing’’ from our I yield the floor. If there is a funeral, to use the meta- American men- and women-owned The PRESIDING OFFICER. Who phor used by one of my colleagues, it is small businesses. Their voices—their yields time? ‘‘a funeral for common sense’’ if we do counsel and advice—can help make our Mr. HATCH. How much time is left? not pass this bill. If there is a funeral regulatory process more responsive and The PRESIDING OFFICER. The Sen- on the other side of that quotation, workable. Everyone will benefit. ator from Utah controls 8 minutes. The then it is the celebration of the status SOUND SCIENCE AND RISK ASSESSMENT Senator from Ohio has 4 minutes. quo. I would have to say that most of Mr. DOMENICI. Mr. President, I Mr. JOHNSTON. Will the Senator the opponents of this bill have not even would like to register a small histor- yield me 2 minutes? read it. They could not have read it ical footnote during the debate on the Mr. HATCH. I would like to yield the and made some of the comments that regulatory reform bill. During consid- last 2 minutes to the distinguished they made. eration of the Clean Air Act Amend- Senator from Louisiana, if I can. First, We have tried and we have worked ments in 1990, Senator DOLE and I I will yield myself all but the last 2 started to ask questions about how the minutes. I would like to have notice very, very hard to bring people to- Environmental Protection Agency did when 6 minutes is used. gether. We have been criticized—Sen- risk assessments and what those risk I really have to say that I am very ator ROTH and I, in particular—we have assessments meant. upset right now with some of the argu- been criticized by people on both sides We and many of our colleagues were ments that I have heard from the other of the aisle. Our goal is to bring to- surprised, and somewhat incredulous, side, because they could not have read gether the best bill we can, that will as we learned that these risk assess- this bill, could not understand the con- stop some of the overregulatory killing ments involved unrealistic assump- cessions that we have made time after that is happening in this country tions about human exposure and overly time, day after day, meeting after today. conservative assumptions multiplied meeting, hour after hour, and make the We think we are there. That does not by other overly conservative assump- statements that were made today. mean if we invoke cloture that we will tions. I still refer with wonderment— Some on the other side are so worried not continue to work to try and satisfy and I know Senator DOLE does this as about subjecting the bureaucracy to our sincere colleagues on the other well—at the so-called mythical man too many ‘‘hoops,’’ that they forget the side, not the least of whom is Senator standing at the fenceline breathing a American public out there and how GLENN, who has worked very hard to pollutant continuously for 70 years, many hoops they have to jump try and resolve this. I know he is very never bothering to leave for work or to through. dedicated, and sincerely so, to resolve raise a family—or even move 20 feet Let me tell you, we are being regu- these problems. There are a number of away. lated to death in this country. What others who are as well, and I want to As a result of this inquiry, we estab- about the hoops that the American pay tribute to them. lished under the Clean Air Act a Com- citizens have to jump through because This is a key vote for small business. mission on Risk Assessment and Man- of a bureaucracy inside this beltway Every small businessman in the coun- agement to advise the Congress and the that does not consider their needs and try has to be watching this vote. I have administration on appropriate prin- enacts silly, stupid, dumb regulations to say even harmonized reg flex has ciples of risk before the residual risk that are wrecking our country. On this cost-benefit criteria. We have done so section of the air law takes effect. We bill, we have had it with some in the much to try and make this bill accept- also commissioned the National Acad- media, who continue to completely able to both sides. I think it should be emy of Sciences to do a report on cur- misrepresent, in the most despicable acceptable. We will continue to work, rent risk assessment practices. That way, what this bill means. but I think we need to invoke cloture. report, entitled ‘‘Science and Judg- I assure you that we would not have It seems to me the time is now. We ment in Risk Assessment,’’ was issued some of these Senators voting for clo- have waited long enough. Frankly, it is last year, and contained a number of ture today if they thought for a minute time to do this.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10396 CONGRESSIONAL RECORD — SENATE July 20, 1995 The other side is so worried about bility judicial decisional criteria, and, litigation. Glenn/Chafee contains a workable subjecting the bureaucracy to too as stated above, the limiting of the rea- review process. In the interest of com- many hoops. What about the American sonable alternative requirement to a promise, the attached amendments would public? What about the hoops that the few options. The raising of these new modify the Glenn/Chafee review process in order to provide for judicial review of the American public has to go through to issues contravenes our understanding agency schedule and for review of major free- satisfy the horrendous burden of regu- that we had just a limited universe of standing risk assessments. Your proposal to lation? four items—decisional criteria, judicial accept the Glenn/Chafee action-forcing rule- If this is a funeral for common sense review, sunset, and petitions—to nego- making provision, as opposed to an auto- and a celebration of the status quo, tiate. Obviously, we cannot continue matic sunset, is an important, positive step. most of the opponents of this bill have these negotiations forever; we have al- It does not, however, address our concerns never read it. ready in good faith made over 100 sig- about the new petitions and the review proc- We believe that the latest Kerry- nificant and technical changes to the ess. Glenn-Levin proposals not only do not Second, our July 19 offer included cost-ben- bill. efit analysis, but not a new and inflexible address our offer made Tuesday in good CHANGES WE ARE PROPOSING TO S. 343 decisional criteria. While your counteroffer faith to meet that side’s concerns, but First, judicial review. Language is proposed a revision to the decisional criteria significantly expands the areas of dis- changed in section 625 to clarify that that we are willing to consider, continuing agreement by adding new issues. there is no independent review of the concern about the effect of decisional cri- First and foremost, the proposal to procedures of the bill, but that judicial teria recommend that we discuss this issue strike the decisional criteria section further before making any final decisions. review will be of the rulemaking file as Third, with regard to judicial review and and replace it with a certification proc- a whole under an ‘‘arbitrary and capri- ess is unsatisfactory. The decisional unwarranted litigation, we propose a vari- cious’’ test. ation on standards for judicial review. The criteria section is at the heart of Dole- Second, decisional criteria. Further elimination of the interlocutory review lan- Johnston because it is the mechanism language is suggested to clarify that guage in Dole/Johnston sec. 625(e) is a good that both sets the standard for cost- there is no supermandate in the step, and we assume this includes the elimi- benefit analysis and assures that the decisional criteria section; and adopt nation of the Reg Flex interlocutory appeal analysis is done by the agencies. We be- the greater-net-benefits test. provisions. Also, the elimination of the ‘‘sub- lieved that their side had agreed to the Third, section 553(1) petition. Strike stantial support’’ language in Dole/Johnston sec. 706(a)(2)(F) is a welcome change. concept of a decisional criteria section, language providing for petition of in- but that the language of the standard Fourth, on the subject of special interest terpretive rules and guidance docu- issues, while we continue to believe that it needed to be negotiated. Their proposal ments. should not be included in the legislation, we to strike this section constitutes the Fourth, section 623 petition—agency are certainly willing to discuss the Toxic Re- most significant area of disagreement. review. Add requirement that the lease Inventory. We remain equally con- Other significant areas of disagree- court, to the extent practicable, shall cerned with the other special provisions we ment include their proposal to limit consolidate petition review in one pro- have identified, as well. the reasonable alternatives that an ceeding. Finally, important issues not addressed in agency must disclose in a rulemaking your July 19 letters include a limitation on Fifth, reg flex. Amend section 604, ‘‘reasonable alternatives,’’ a future effective to three or four. While the number of subsection (c) of title 5 to change the options for a particular rulemaking date, a limitation on extension of deadlines, standard to one of compliance burdens. the number and scope of rules covered under may be small, in certain circumstances Sixth, substantial support test. the law, and revisions to the Regulatory it may be greater, and disclosure of all Strike substantial support test in sec- Flexibility Act. The specific language and/or relevant options is necessary for effec- tion 706. filed amendments for each of these issues is tive public participation in the rule- Seventh, sunset. Adopt language of contained in the Attachment. making process and for judicial review. Glenn-Chafee substitute on sunset. While we are pleased to see progress on key We also object to the elimination of I ask unanimous consent to have regulatory reform issues, each of these issues is part of a package. We are not able to ac- the petition processes. The right of the printed in the RECORD a letter and at- American people to petition their gov- cept proceeding with any of these as indi- tachment on this subject. vidual amendments without addressing the ernment is a fundamental constitu- There being no objection, the mate- package as a whole. We hope you will look tional right. We believe that Congress rial was ordered to be printed in the closely at this letter and the attached lan- has a duty to assure the efficacy of this RECORD, as follows: guage, and respond to us. Working together right. Consequently, we object to the in this way, we are confident that we can de- U.S. SENATE, deletion of these provisions from S. 343. Washington, DC, July 20, 1995. velop a regulatory reform proposal that can be accepted by the vast majority of our col- As to eliminating the petition for re- Hon. ORRIN G. HATCH, view of a major rule, we believed that Chairman, Committee on the Judiciary, Russell leagues. We look forward to hearing from we had already reached an agreement Senate Office Building, Washington, DC. you. Sincerely, to keep this provision as part of the Hon. WILLIAM V. ROTH, Jr., Chairman, Committee on Governmental Affairs, JOHN GLENN, agency review of rules section and are CARL LEVIN, disappointed and somewhat surprised Hart Senate Office Building, Washington, DC. JOHN KERRY. at your suggestion to eliminate it. As Hon. J. BENNETT JOHNSTON, to the section 553(l) petition process for Ranking Member, Committee on Energy and SPECIFIC LANGUAGE, 7/20 RESPONSE TO 7/19 nonmajor rules, the suggestion to Natural Resources, Hart Senate Office ROTH/HATCH AND JOHNSTON LETTERS strike this subsection will render this Building, Washington, DC. 1. Decisional criteria. longstanding APA petition process vir- DEAR ORRIN, BILL AND BENNETT: We have A. Discussion needed on decisional criteria tually useless. This is because the sec- received your letters dated July 19, and are standards and relation to underlying stat- tion 553(l), for the first time, estab- pleased to see progress on several of the key utes. lishes an 18-month time limit for agen- regulatory reform issues. As you know, how- B. Limit alternatives agencies must con- ever, our July 18 list of major issues was a sider to a limited number of alternatives. cies to answer the petitions. The lack package, and several of our key issues were C. Strike regulatory flexibility decisional of a time limit has rendered the not addressed in your letters. criteria and replace Regulatory Flexibility present APA petitions moribund. Attached is a list of amendments we need Act judicial review (Glenn Amendment Other significant areas of disagree- included in our package of amendments. #1656). ment with their most recent proposal This list represents a revision of our July 19 2. Litigation opportunities. includes striking TRI, the Delaney proposed amendments. The major issues are A. Strike petition processes (Levin Amend- Clause reformation, and the section as follows: ment #1648): 707, the consent decree reform provi- First, we cannot accept a bill that provides On page 11, strike lines 5 through 19. new opportunities for litigation, or delays or On page 12, strike lines 9 through 12. sion. stops needed health, safety, or environ- On page 59, strike line 10 and all that fol- Furthermore, new issues have been mental protections. We have always opposed lows through page 60, line 23. raised for the first time which makes the new judicially reviewable petition proc- On page 44, strike line 14 and all that fol- closure even more difficult. These in- esses contained in Dole/Johnston, which will lows through page 46, line 4. clude weakening the regulatory flexi- result in bureaucratic gridlock and excessive B. Standards for Review:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10397 Offer—revise D/J s. 625(d): he has been working on it since he has and Hamburger’’ be printed in the ‘‘(d) STANDARDS FOR REVIEW.—In any pro- been here. RECORD. ceeding involving judicial review under sec- I yield to him for a parliamentary in- There being no objection, the article tion 706 or under the statute granting the quiry. was ordered to be printed in the rulemaking authority, failure to comply with this subchapter or subchapter III may Mr. LEVIN. I make the parliamen- RECORD, as follows: not be considered by the court except for the tary inquiry, Mr. President, that if clo- OF HELMETS AND HAMBURGER purpose of determining whether the final ture were invoked, are amendments CONGRESS: DECIDING WHAT YOU EAT AND agency action is arbitrary and capricious or which are relevant, according to the BREATHE an abuse of discretion (or unsupported by unanimous consent, in order or out of Soon after Lori Maddy moved into her substantial evidence where that standard is order, if, while they are relevant, are Sedgwick County, Kans., farmhouse in 1982, otherwise provided by law).’’ not technically germane. she noticed that wind blowing from the di- Response—substitute the following: The PRESIDING OFFICER. The rel- rection of the nearby Vulcan Chemicals ‘‘(d) STANDARDS FOR REVIEW.—In any pro- plant carried a smell like ‘‘the inside of an ceeding involving judicial review under sec- evant standard is considerably broader than the germaneness standard, so inner tube.’’ So Maddy joined with neighbors tion 706 or under the statute granting the to ask Vulcan what, exactly, it was venting. rulemaking authority, the information con- they would not be in order. The PRESIDING OFFICER. The Sen- None of your business, Vulcan replied. Then tained in any cost-benefit analysis or risk came a 1986 law requiring companies to re- assessment required under subchapter II or ator from Ohio has 3 minutes and 16 port—not stop, just report—their toxic re- III may be considered by the court as part of seconds. leases. Vulcan turned out to be spewing 50 the administrative record solely for the pur- Mr. HATCH. May I make a par- percent of Sedgwick’s total emissions, in- pose of determining whether the final agency liamentary inquiry on my time? Is it cluding carcinogens. Spurred by local out- action is arbitrary, capricious, or an abuse of not true that both sides can agree post- rage, Vulcan voluntarily reduced its pollu- discretion. The adequacy of compliance or tion by 90 percent. ‘‘We felt obligated,’’ says the failure to comply with subchapter II or cloture and add language to the bill? The PRESIDING OFFICER. Only by plant manager Paul Tobias, ‘‘to win back the III shall not be grounds for remanding or in- public’s trust.’’ validating a final agency action, unless the unanimous consent. Mr. GLENN. Mr. President, we all The Toxics Release Inventory (TRI) seems agency entirely failed to perform a required to be a smart way to reduce pollution, but cost benefit analysis or risk assessment.’’ want sensible regulatory reform. I Congress has put TRI and every other federal C. Interlocutory Review: want regulatory reform as badly as health, safety and environment rule in the Offer—strike D/J s. 625(e). anybody here. We have worked on it for crosshairs. The House passed a strong regu- Response—Accept, provided that this in- latory-rollback bill in February. Last week cludes striking the Nunn/Coverdell Reg Flex years in our committee, the Govern- the Senate fought over whether it, too, interlocutory review provisions. mental Affairs Committee, but I want D. Scope of Review: balanced regulatory reform, not regu- would (pick one) ‘‘wage a full frontal assault Offer—strike D/J s. 706(a)(2)(F) re: ‘‘sub- latory reform slanted so much that on the American people and their environ- stantial support in the rulemaking file’’. anybody that objects to a particular ment,’’ as Environmental Protection Agency Response—Accept. chief Carol Browner put it, or ‘‘take the regulation coming out could tie it up heavy hand of the federal government out of 3. Agency review of rules. in courts in judicial review for almost Offer—Replace Dole/Johnston sec. 623(i) people’s lives,’’ as GOP Sen. Olympia Snowe with Glenn/Chafee sec. 625(g) language re: an unlimited period of time. of Maine said. agency initiation of rulemaking to repeal a We have negotiated in good faith on Washington is already well down the road rule. this, back and forth, and I am sorry we to deregulation. Congress is moving to free Response—Judicially reviewable petitions have to go to another cloture vote on the states to raise speed limits and eliminate for review are unacceptable. Substitute G/C this because contrary to what has been the requirement that motorcyclists wear sec. 625 for D/J sec. 623 with changes as pro- said here, we have made a lot of helmets (table). The U.S. Fish and Wildlife posed in 7/19 follow-up to the 7/18 ‘‘Proposed Service wants to exempt small-property progress. We did not have time enough owners from the Endangered Species Act so Package’’, i.e.: to go through all of it. A. Strike sec. 625(c), and insert in lieu they can build on their land even if that thereof: Mr. President, S. 343, the Dole-John- damages the habitat of a rare breed. EPA ‘‘(c) Agency decisions regarding deadlines ston bill, does not fix the problem. It and the Occupational Safety and Health Ad- for review of rules contained in a schedule was quoted a moment ago that Presi- ministration no longer fine first offenders. issued pursuant to subsection (b) shall not be dent Clinton said the American people But the House’s antireg bill, and now the subject (b) shall not be subject to judicial re- deserve a system that works for them. leading Senate version, are much broader, af- view.’’ [COE95.845—p. 18, 1. 4–10]; We do not have such a system today. I fecting anyone who eats meat, drinks water or breathes: B. Strike sec. 625(h)(2) [COE95.845—p. 21, 1. submit that S. 343 does not give that 22–25 as modified]; Meat: Bob Dole, sponsor of the Senate bill, C. Insert a new subsection at the end of balanced system either. wants to deliver regulatory relief this year. sec. 625: The President has taken initiatives But smack in the middle of the Senate de- ‘’(i) For purposes of this section, the term on this and already cut out 1,200 pages bate came news that five children in Ten- ‘‘rule’’ shall include a risk assessment, not of regulation out of 13,000 pages re- nessee had gotten E. coli poisoning, which associated with a rule, that has an effect on viewed. So they are working hard at comes from contaminated hamburger. Such the United States economy equivalent to making corrections. We do not need a outbreaks, say consumer groups, will become that of a major rule.’’ [COE95.845—p. 21]. bill that does nothing but provide regu- even more common if Dole gets his way. In its current form, they charge, the Dole bill 4. Special interest sections—Strike rel- latory favoritism. That is all we can evant sections: e.g., Lautenberg #1574 (TRI), requires federal agencies to prove by exten- Glenn/Levin #1658 (consent decrees), Ken- call this, when they insist on keeping sive analysis that any proposed rule—includ- nedy #1614 (Delaney), and Kennedy food safe- in such things as provisions gutting ing better meat inspection—is the cheapest ty. the toxics release inventory that pro- way to protect the public. Showing that the 5. Other. tects people around plants, and so on. rule’s benefits (avoiding 4,000 deaths, 5 mil- A. Provide for a reasonable future effective That is just not right that we pass lion illnesses and up to $3.7 billion in medical date of 180 days after enactment (Glenn something like that. costs a year) are greater than its cost to in- Amendment #1657). We, in good faith, submitted another dustry ($245 million a year) wouldn’t auto- B. Limit the extension of statutory and ju- proposal this afternoon. We gradually, matically be good enough. Dole disputes dicial deadlines (to allow agencies time to this, but there’s no doubt that under his plan implement new regulatory process require- one by one, as proposals have been sent industry could sue to overturn the rules on ments) to 2 years (Chafee Amendment #1591). back and forth between the two sides, much weaker grounds than current law al- C. Limit the number of rules covered by have worked out a lot of our dif- lows. Dole, says Adam Babich of the Envi- the legislation under the Nunn/Coverdell ferences, and this is one of the most ronmental Law Institute, is trying to solve amendment. complicated bills, one of the most com- ‘‘the problem of too much bureaucracy by Mr. GLENN. I yield such time to the plicated pieces of legislation that we adding bureaucracy. It would flunk its own Senator from Michigan as he may need. can have, because it refers to so many cost-benefit test.’’ The Senator from Michigan came here, aspects of law. It affects every man, Air and water pollution: If the GOP proposals had been law in the 1970s, some regu- and his No. 1 item was to see if we woman, and child in this country. lations on air and water quality might never could not get into regulatory reform. In that respect, I ask unanimous con- have made it. The cost-benefit analysis of He was president of the city council in sent that the article out of this week’s banning lead in gasoline, for example didn’t Detroit and had so many programs, and issue of Newsweek called ‘‘Of Helmets clearly show that it would spare children

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10398 CONGRESSIONAL RECORD — SENATE July 20, 1995 much neurological damage. EPA went ahead tinue this negotiation today. I hope I note that my colleagues have made anyway, and subsequent research shows that our colleagues will not let cloture be the case very well. Those who have pre- the lead phaseout cut blood lead levels far invoked and will vote against it so we ceded me in opposition to this cloture more than EPA expected. The GOP’s new can continue with these negotiations. motion, I think, have made the case plan would also affect existing regs on how much pesticide and fecal bacteria can be in Mr. HATCH. Mr. President, just to that I would simply like to summarize drinking water. Rules would automatically make one point, if we invoke cloture prior to the time we come to a vote. expire every five to 10 years unless an agency tonight, this Senator is going to work The first and most important point is reanalyzed (and, possibly, relitigated) them. with the other side. I know the Senator that this vote is unnecessary. There is Republicans respond with horror stories of from Delaware will. I know the distin- no effort to filibuster. No one is delay- regulators run amok. Some are hyped, but guished Senator from Louisiana will. ing final passage on this bill. No one is many are not. Limits on how much chloro- On all relevant amendments, we will trying to stop us from coming to a conform from paper mills may pollute drinking work on those with them, and what we clusion on this legislation. There has water, they say, cost $99 billion per year-of- life saved. Even Clinton has a bit of regula- can agree on we will put in by unani- been a sincere attempt, by virtually tion-cutting religion; he’s eliminated hun- mous consent. I just want people to un- every Senator involved in this debate, dreds of silly federal rules. But more roll- derstand that. now for several weeks, to try to im- back seems inevitable. Ironically, it’s com- This cloture vote is very, very impor- prove the legislation and accommodate ing at a time when GOP budget cutting— tant. It has a lot to do with whether we the very difficult points that have been EPA is look at a 40 percent hit—will make it will ever get regulatory reform. raised and in many cases resolved as a even tougher for agencies to meet the stiffer I yield the balance of my time to my result of those negotiations. So that is requirements for justifying rules. But maybe colleague from Louisiana. point No. 1; no filibuster. that’s the idea. The PRESIDING OFFICER. The Sen- Point No. 2, there has been, as my REGULATIONS GO ON THE BLOCK ator from Louisiana has 2 minutes and colleagues have indicated, substantial Washington appears determined to review, 20 seconds. progress since the day we began this ef- and in some cases dismantle, health and Mr. JOHNSTON. Mr. President, we fort several weeks ago; substantial safety rules. The results will affect every- have had a lot of talk here on the floor thing from beef to how fast you can drive. progress. Senator KERRY, Senator about good faith and negotiation, and CHAFEE, Senator GLENN, Senator Status quo GOP plan Democratic retort there has, in fact, been good faith and LEVIN, and Senator JOHNSTON on our good negotiation by both sides. Inspectors ‘‘poke and The Senate bill would The GOP plan would side have all indicated that progress, as sniff’’ for spoilage, require the USDA to delay reasonable re- Believe me, Mr. President, the major- a result of these negotiations, has been but 4,000 people a prove that the bene- forms that would ity leader has yielded and yielded and year die anyway. fits of its new in- save hundreds from real. And I think the latest testament USDA proposes more spection system out- dying and millions yielded, and I have given a list of those to the fact that progress is being made scientific methods. weigh the costs. from getting sick things he has yielded. There was some The United States im- The Senate voted to The government esti- is what the Senator from Rhode Island poses a cap of 65 drop all federal mates that up to progress made on the bill. has just announced. As a result of the mph on rural inter- speed limits and let 4,750 more traffic Mr. President, ultimately there are a states and 55 on states set their own deaths could occur efforts in the last 24 hours, he, too, has most others. Motor- caps. Bikers may go each year without few basic differences. Really, three in been able to get additional concessions cyclists must wear bareheaded. federal speed limits number. A lot of small ones, but three helmets. as a result of these negotiations, con- The EPA regulates pol- The EPA would have to Lawsuits could delay basic differences on this bill that concessions that would not have been lutants from lead in choose the cheapest new regulations for stitute a wide chasm and a wide gulf. gasoline to fecal way to reduce pollu- years, and even ex- made were we not at this point in this bacteria in water. tion risks. Industry isting rules would Now, the first is whether we can deliberative process, concessions that Cost is secondary or could then challenge be vulnerable to question existing rules. I have heard it not considered at all. the rules in court. court challenge we have been talking about now for Department of Trans- Federal officials would Detroit always chal- said you could. Mr. President, let me some time. So, with each stage in the portation’s design have to submit all lenges federal safety read what the Glenn substitute says. and safety stand- past and future rules; under the GOP development of this debate, additional ards, including air- safety rules to a de- bill it would prevail The Glenn substitute says, ‘‘The head progress has been made up until this bags and crushable tailed cost-benefit more often, and of the agency, in his sole discretion, front ends, save analysis. more lives could be very afternoon. lives. lost picks what is to be reviewed.’’ In his Point No. 3, from the outset we have sole discretion. When you get around laid out some principles that we say Mr. GLENN. Mr. President, it details to a review, it says, ‘‘judicial review of are essential to a good bill. They are some of the problems involved, and I the agency action taken pursuant to very simple. wish we had time to read it in the these requirements shall be limited to First and foremost, we have to have RECORD. It puts it very well, that what review of compliance or noncompliance a bill that does not roll back laws that we are doing here is not only providing with this section.’’ You review at the have provided cleaner air, purer water, regulatory reform if we pass the Dole- sole discretion of the head of the agen- and safer food. Johnston bill, we are providing the pos- cy. Second, we will not support a bill sibility of rolling back health and safe- Now, Mr. President, if that is a right loaded with special interest fixes. ty laws developed over the last 25 years to challenge an existing regulation, Third, we will not have a bill that re- that have proven invaluable, have pro- then I am not a U.S. Senator, because, sults in an avalanche of litigation from vided for better health, have provided Mr. President, it is no right at all. It is hundreds and hundreds of lawyers. for better safety for our own citizens. business as usual. That is it. Those are our principles. We do not want to take a chance of The head of the agency has that dis- We are guided by those and it is in that rolling that back. cretion right now. If you want to keep effort to maintain our allegiance to The bill that I proposed, known as things exactly as they are, then vote those principles that we continue to the Glenn-Chafee bill, was one that hit against cloture. I say vote for the negotiate in good faith. I believe those a real balance. We provided redress for Glenn amendment. We have already concerns have not yet been adequately these regulatory excesses, and we all voted for the Glenn amendment once addressed. I believe equally as strong- agree that there are regulatory ex- and it went down. It constitutes the ly, though, that we can get there. I be- cesses. They are all over the place. We bureaucrats preservation act, because lieve the Glenn-Chafee bill would have hear about these every time we go back it keeps things exactly as they are. gotten us there, and 48 Senators agreed home. Mr. President, we can make more with us on that matter. But most im- We correct them, but we correct progress in negotiation if cloture is portant in the statement, I want to them in the right way, providing a voted, but unless we have an end to emphasize right this minute: We are process that cannot be used to override this process, Mr. President, there is an willing to continue to go into that the system, cannot be used to overflow end to this bill. I believe strongly in room, continue to work, continue to the system, cannot be used to swamp this bill. I hope we will get cloture. I work out the differences, as has been the system. hope we can get an act passed. the case now for several days. That is what S. 343 has the potential Mr. DASCHLE. Mr. President, I un- Finally, let me make a point about of doing. We want regulatory reform. derstand that all time has expired, so I the issue raised by the distinguished We want regulatory reform as badly as will use part of my leader time to com- Senator from Michigan. If, indeed, we anybody. I am sorry we cannot con- ment briefly on the pending resolution. are going to come to closure on this

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10399 bill, one of the most important things proposed by some of my colleagues, we Bob Dole, Christopher S. Bond, Bill Roth, we have to do is ensure that those Sen- would not have regulatory reform. We Frank H. Murkowski, Rod Grams, John ators who have amendments that are would satisfy the bureaucracy, which is Ashcroft, Spencer Abraham, Craig Thomas, relevant but not germane can be pro- apparently what some wish to do. The Pete V. Domenici, Bill Frist, Fred Thomp- son, Mike DeWine, Thad Cochran, Larry E. tected. Regardless of whether or not we Senator from Louisiana just read a Craig, Bob Smith, Chuck Grassley. come to closure in the next couple of piece of the Glenn bill, ‘‘in sole discre- days on this bill, it is very important tion.’’ They make the determination. f that those who want to make addi- So I hope my colleagues will under- CALL OF THE ROLL stand, we have a lot of work to do this tional contributions to this legislation, The PRESIDING OFFICER. Under to try to improve the bill with or with- year. In fact, we just voted earlier today on an amendment, I think it had the previous order, the mandatory out negotiations that may or may not quorum call has been waived. come to any fruitful conclusion, they regulatory reform in it. I think the ought to be protected in their right to vote was 91 to 8—91 people voted for f offer those amendments and have them this broad bill that had regulatory re- VOTE successfully debated and ultimately form, tax reform, grazing reform, all voted on. A vote against cloture en- the reforms we could think of; 91 to 8 The PRESIDING OFFICER. The sures that they will have that right, voted for it. So there ought to be 91 question is, Is it the sense of Senate and I think it is very, very important votes for cloture. that debate on the amendment num- that everyone understand that. I just hope my colleagues—we have bered 1487 to S. 343, the regulatory re- So, I think, in essence, the message made a lot of progress. Every Repub- form bill, shall be brought to a close? is very simple. A vote against cloture lican will now vote for cloture. That is The yeas and nays are required under is a vote for progress, progress that has up from about 49; now it is 54. But we the rule. been demonstrated over and over again cannot get there alone. I tell the Amer- The clerk will call the roll. as we have resolved these differences ican people, we cannot have regulatory The legislative clerk called the roll. and as we continue to work for final reform without at least a half dozen on Mr. PELL (when his name was passage, as we continue to guarantee the other side. It is not possible to sat- called). Mr. President, on this vote, I that the principles we laid out at the isfy the concerns of some. It is never have a pair with the senior Senator very beginning can be protected. possible in any legislation. from Hawaii [Mr. INOUYE]. If he were I am optimistic that we can achieve I do not know what a filibuster is, present and voting, he would vote that. I believe we can continue to work but it seems like after a couple of ‘‘nay.’’ If I were permitted to vote, I in good faith to accomplish what re- weeks we ought to make some deci- would vote ‘‘aye.’’ I, therefore, with- mains. And I believe voting against sions. There are a lot of amendments hold my vote. cloture today is the fastest way to get filed, relevant, germane. There are still The PRESIDING OFFICER. Are there there. opportunities to improve this bill after any other Senators in the Chamber I yield the floor. cloture is invoked. Some of these who desire to vote? The PRESIDING OFFICER. The ma- things, in my view, we ought to just The yeas and nays resulted—yeas 58, jority leader. say, ‘‘If we cannot reach an agreement, nays 40, as follows: Mr. DOLE. Mr. President, I will just there ought to be an up-or-down vote.’’ [Rollcall Vote No. 315 Leg.] take a minute or two because I know We would win some, the other side YEAS—58 we have had a lot of debate here and we would win some, but at least we would Abraham Gorton McConnell have had a lot of negotiations. In fact, have some resolution. Ashcroft Gramm Murkowski we have been negotiating since April. So I urge my colleague, particularly Bennett Grams Nickles on the other side of the aisle—and I Bond Grassley Nunn This is about the 10th day now on this Breaux Gregg know you are under extreme pressure. Packwood bill. Brown Hatch Pressler I think what we have forgotten—we I know the little sweatshop is working Burns Hatfield Roth keep talking about we have to satisfy right outside the corridor here. I know Campbell Heflin Santorum Chafee Helms Shelby this Senator, that Senator—somewhere there are a lot of people coming out Coats Hutchison Simpson out there some small business man or there with arms that are hurting. Cochran Inhofe Smith Some have slings. I know the pressure Cohen Jeffords woman or farmer is saying, what are Snowe is great, all the way from the White Coverdell Johnston these people doing in the U.S. Senate? Craig Kassebaum Specter We have been on this bill 10 days. We House, the President, the Vice Presi- D’Amato Kempthorne Stevens had about 2 weeks of negotiation before dent, every bureaucrat in town is con- DeWine Kyl Thomas that. We have made over 100 changes. cerned about this bill because they do Dole Lott Thompson Domenici Lugar Thurmond When do we stop? When we satisfy not want it to happen. Faircloth Mack Warner every liberal Senator on the other side I think it is time we just, in the next Frist McCain 20 minutes, think about the American of the aisle? Then you could not find NAYS—40 the rest of us voting for it. people during the vote—people in Kan- sas, Rhode Island, Georgia, Virginia, Akaka Feingold Lieberman I note in the latest offer they made Baucus Feinstein Mikulski they say, ‘‘We are not able to accept New York—wherever. So, before we Biden Ford Moseley-Braun proceeding with any of these as indi- cast our vote—Oregon. Anybody else Bingaman Glenn Moynihan vidual amendments without addressing who is here. We are all one big country. Boxer Graham Murray Bradley Harkin Pryor the package as a whole.’’ So you take It is going to be one big vote. Bryan Hollings I thank my colleagues. Reid this package, then tomorrow you will Bumpers Kennedy Robb Byrd Kerrey have another package, oh, just four or f Rockefeller Conrad Kerry Sarbanes five more things we thought of or the CLOTURE MOTION Daschle Kohl Simon staff thought of or the administration Dodd Lautenberg The PRESIDING OFFICER. Under Wellstone thought of or the bureaucrats thought Dorgan Leahy the previous order, pursuant to rule of. Exon Levin XXII, the Chair lays before the Senate It is one thing to say we are for regu- PRESENT AND GIVING A LIVE PAIR, AS the pending cloture motion, which the latory reform. But we are not going to PREVIOUSLY RECORDED—1 have it unless we have cloture. So the clerk will state. The legislative clerk read as follows: Pell, for moment of truth is about to arrive. The moment of truth is about to ar- CLOTURE MOTION NOT VOTING—1 rive. I have heard all the speeches. I We, the undersigned Senators, in accord- Inouye ance with the provisions of rule XXII of the have listened to the speeches. I suppose Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this everybody wants some vague regu- move to bring to a close debate on the Dole- vote, the yeas are 58, the nays are 40. latory reform. But by the time we Johnston substitute amendment to S. 343, Three-fifths of the Senators duly cho- adopt every amendment we have had the regulatory reform bill: sen and sworn not having voted in the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10400 CONGRESSIONAL RECORD — SENATE July 20, 1995 affirmative, the motion is not agreed Murkowski Robb Simpson protect the bureaucracy. We cannot Murray Rockefeller Snowe to. Pell Sarbanes Stevens have the bureaucracy overworked in Mr. REID. Mr. President, I move to Pryor Simon Wellstone Washington, DC. That is what we have reconsider the vote. heard for the last 3 days. NOT VOTING—1 Mr. LEVIN. I move to lay that mo- Not many people in Russell, Kansas, Inouye tion on the table. are worried too much about the bu- The motion to lay on the table was The motion to table the amendment reaucracy in Washington, DC. They agreed to. (No. 1808) was agreed to. have never seen it, most of them. They Mr. DOLE. Mr. President, I move to have felt it in their wallets, and they f reconsider the vote by which the mo- feel it when they open up their little LEGISLATIVE BRANCH APPRO- tion was agreed to. business, and they feel it when they go PRIATIONS FOR FISCAL YEAR Mr. GRAMM. I move to lay that mo- out of business, and they feel it on the 1996 tion on the table. farm, and they feel it on the ranch, and The motion to lay on the table was they feel it all across America. But The Senate continued with the con- agreed to. they cannot have regulatory reform be- sideration of the bill. f cause we cannot get the cooperation. The PRESIDING OFFICER. The Sen- Everything in this Senate needs 60 ator from Florida. COMPREHENSIVE REGULATORY votes. To get 60 votes, you end up with Mr. MACK. I would like for the REFORM ACT nothing. I do not believe that is what RECORD to indicate that my colleague The Senate continued with the con- the American people expect us to do. from Nevada, Senator REID, joins me in sideration of the bill. We can hold our heads high, those of the tabling motion. Mr. DOLE addressed the Chair. Mr. DOLE addressed the Chair. The PRESIDING OFFICER. The ma- us who voted for cloture. We can look The PRESIDING OFFICER. The majority leader is recognized. the small businessman in the eye, and jority leader. Mr. DOLE. Mr. President, I want to we can look the rancher in Montana in Mr. DOLE. Let me indicate to my thank my Republican colleagues and the eye, or wherever he may live, and colleagues this will not be the last vote four of our colleagues on the other side say we did our best, we tried once, this evening because we will try to fin- who voted for regulatory reform and twice, three times. We were told, oh, ish the legislative branch appropria- congratulate those who stuck together nobody is delaying this bill; we do not tions this evening and then later on in to bury it. It seems to me they have want to delay this bill, and we are all the evening, much later on in the been successful. for regulatory reform—until a vote evening, we will take up the rescissions I will just say, we thought we made a came. bill. When everything else is done, good effort. There is always more and Mr. President, I do not know—I think nothing else is left to do, we will take more and more, and maybe this is all a I know what the final outcome is. I do it up. way to keep the bill from going to the not want to cause any anxiety for my friends on the other side, but I thank VOTE ON AMENDMENT NO. 1808 White House where the President indi- Senator BREAUX and Senator HEFLIN The PRESIDING OFFICER. The cates he would veto it. and Senator NUNN for their votes, be- question is on agreeing to the motion We have had months of negotiation, cause I know the pressure was great, to table the amendment to H.R. 1854 of- hundreds of changes, 10 days of consid- intense, and steady. fered by Mr. HOLLINGS. The yeas and eration, and then we are told, ‘‘Oh, we nays have been ordered. The clerk will just need more time.’’ Either we are for I assume we could have put together call the roll. regulatory reform or we are not. We a package that would have gotten 100 The bill clerk called the roll. cannot satisfy everybody in the Cham- votes. It would not have been worth Mr. FORD. I announce that the Sen- ber, and those people made their anything, but we could have said we all voted for regulatory reform. Particu- ator from Hawaii [Mr. INOUYE] is nec- choices. essarily absent. After the vote, people said, ‘‘Oh, we larly, Senator ROTH and Senator The PRESIDING OFFICER. Are there just need to negotiate more. Let’s just HATCH, and others on this side, have any other Senators in the Chamber have some more negotiations.’’ worked so hard to try to bring it to- who desire to vote? The truth is that our bill largely gether. But I think there is a little bit The result was announced—yeas 54, tracks President Clinton’s Executive of principle left in this argument. We nays 45, as follows: order but has one important difference. would like to think that we have at least 58 votes. That is 58 percent of the [Rollcall Vote No. 316 Leg.] This bill will ensure the requirements are actually carried out. Senate that would like to have regu- YEAS—54 I particularly want to commend Sen- latory reform. Eighty-eight percent of Abraham Faircloth Mack the American people would like to Ashcroft Feingold McCain ator JOHNSTON for his work, and his Baucus Frist McConnell tireless efforts. He came to me—it have it. But we cannot get it because Bennett Gorton Moseley-Braun seems like months ago now, but I guess we are short 2 percent. Two percent of Brown Graham Nickles it was just weeks—and he said, ‘‘We are the Senate is denying about 85 or 90 Bryan Gramm Nunn percent of the American people regu- Burns Grams Packwood not going to get anywhere unless we Chafee Gregg Pressler make some changes in this bill.’’ So we latory reform. Coats Harkin Reid set about to make changes. Today, all That is a right we all have. We have Cochran Hatfield Roth all been through it. Some of us have Coverdell Helms Santorum across America—I do not have a copy— Craig Hutchison Shelby we are being flooded with statements been on the other side. I do not know of D’Amato Inhofe Smith by the Democratic National Com- any more important bill than this one. DeWine Kassebaum Specter mittee on this vote about how Senator But I think the dye has been cast. I am Dole Kempthorne Thomas Domenici Kyl Thompson DOMENICI is for dirty meat, and Sen- willing to entertain any legitimate Dorgan Lott Thurmond ator WARNER and somebody else is for concerns, but no more of these four or Exon Lugar Warner dirty meat. They mixed it up a little, five pages that say at the end, ‘‘we are NAYS—45 depending on where you live. It has a not able to accept proceeding with any Akaka Conrad Johnston little cartoon there with our pictures of these individual amendments with- Biden Daschle Kennedy in the middle. Very nicely done. out addressing the package as a Bingaman Dodd Kerrey I think that has been the purpose whole.’’ Then I assume that if this were Bond Feinstein Kerry addressed, there would be another one Boxer Ford Kohl right along—to try to get a campaign Bradley Glenn Lautenberg issue. Forget about the farmers and ready. They are endless. Breaux Grassley Leahy ranchers in Montana, or Kansas, or So I regret that we have failed the Bumpers Hatch Levin Virginia, or somewhere else. Forget American people—again. But there will Byrd Heflin Lieberman Campbell Hollings Mikulski about the small businessmen and be other opportunities. I, again, thank Cohen Jeffords Moynihan women all across America. We have to my colleagues on this side of the aisle

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10401 for being 100 percent for regulatory re- through that frustration that we must cretionary on the part of the agency form. One hundred percent. You cannot work to accomplish what I believe we head as to whether there would be any get any better than that. all truly want—a good bill, a bill that rule on the schedule. Whereas, in con- Mr. DASCHLE addressed the Chair. can bring us an ultimate resolution on trast, in the Governmental Affairs The PRESIDING OFFICER. The mi- something that we all recognize we Committee bill, every rule had to be nority leader is recognized. need. reviewed in a 10-year period or it was Mr. DASCHLE. Mr. President, I lis- I yield the floor. terminated. tened with great care to the comments Mr. DOLE. Mr. President, of the 27 So, while a lot of the language was made by the distinguished majority amendments on this side, many of the same, the fact was the thrust was leader. I hope that he will not be dis- them were offered to accommodate re- different, because in one case there couraged. I hope that, given all the quests on the other side, to make the were requirements that cost-benefit be progress we have made so far, we go bill ‘‘better.’’ done, and the other there was not. right back and make some more. I do I do not believe the vote on the Glenn Mr. GLENN. Mr. President, we will not think there is a Senator here who amendment reflected the vote that make an analysis and enter in the would deny that we need regulatory re- came out of the committee unani- RECORD tomorrow what the exact form. But I also think that virtually mously. As I recall listening to the changes were. I do not believe that is a every Senator who has examined this Senator from Delaware, that is not the fair representation of the bill. We will issue has concluded that indeed it was case. It is a different bill entirely. I ask make the entry in the RECORD tomor- one of the most far-reaching, most the Senator from Delaware, am I accu- row after we have had a chance to ana- complex issues we are going to address rate, or have I misstated the problem? lyze both bills, side by side. Mr. ROTH. I say to the distinguished this year. f We have all been around this place. majority leader that what we voted for We all know that when it comes to in Committee was entirely different LEGISLATIVE BRANCH APPRO- issues with the magnitude we are talk- from what was voted for on the floor in PRIATIONS FOR FISCAL YEAR ing about now, it is not something you the Glenn substitute. The Glenn sub- 1996 pass on a Tuesday afternoon. I can re- stitute was toothless. Take, for exam- The Senate continued with the con- call having come here several years ple, the lookback. The lookback was sideration of the bill. purely discretionary on the part of the ago and spending more than a month AMENDMENT NO. 1825 agency head. In our legislation, every on the Clean Air Act. We spent a (Purpose: To ensure equal opportunity and month. We negotiated and we said we rule had to be reviewed in 10 years, or merit selection in the award of Federal do not know that there is ever going to it expired, terminated. contracts) So it is totally false to say that it be a chance to make anymore progress. was the same legislation. Mr. GRAMM. I hate to bring this de- Lo and behold, we stuck to it because Mr. GLENN. Mr. President, what I bate to a close, but let me send an the leaders on both sides said we had just heard here just does not happen to amendment to the desk and ask for its to, and what do you know, we did it. be the truth. It does not square with immediate consideration, and I ask I remember Senators on the other the facts. that the complete amendment be read. side last year talking about how we What we brought to the floor was ba- The PRESIDING OFFICER. The really want health care, but it is just sically the Roth-Glenn bill. It is the pending amendments will be set aside. not yet exactly what we want, so let us same bill with three major changes—A The clerk will report. keep negotiating. We talked until we strict definition of a major rule, $100 The assistant legislative clerk read never got health care, unfortunately. I million a year, no automatic sunset re- as follows: remember talking about the need for view, and simplified risk assessment, The Senator from Texas [Mr. GRAMM] pro- campaign finance reform, and vote which was what the National Academy poses an amendment numbered 1825. after vote on cloture, and people on the of Science recommended. Outside of Mr. EXON. Mr. President, since I other side said we have to have cam- those three things, I think—and I can have the floor, I lost the floor at the paign finance reform, but this is not be corrected—I believe it is largely discretion of the Chair, and I do not the bill. I do not know what their moti- word for word the same thing we wish to delay this matter a great deal, vation was in voting against cloture on brought out of committee unani- but I do think that the discussion that those occasions. I know a lot on that mously. has taken place between the majority side did not want health care reform, Only those three major items were leader, the minority leader, and oth- and that is a legitimate position. A lot added to the bill that came out of com- ers—— did not want campaign finance reform, mittee. If anyone can show me dif- The PRESIDING OFFICER. Is the and that is a legitimate position. But a ferent, get up on this floor and say Senator seeking to object to the read- lot of people on this side want regu- that. To say that I misstated and that ing being dispensed with? latory reform. We are continuing to I misrepresented the Glenn-Chafee bill Mr. EXON. I believe I was recognized work on this bill because we are not in is just flat not right. It is basically by the Chair in my own right, was I agreement yet. word for word the same as the Roth- not? I believe that we can reach agree- Glenn bill that came out of committee, The PRESIDING OFFICER. The reg- ment. I believe that there is a legiti- with those three changes I just men- ular order is the reading of the amend- mate desire on the part of more and tioned. ment to proceed. more people to try to resolve these out- I want to correct that so we make The Chair recognized the Senator standing differences, to get a bill very sure all Members know that. from Nebraska on the assumption that soon. I just remind all of our col- Mr. ROTH. Mr. President, I do not he might request the reading not pro- leagues, the bill that was defeated 48 to want to extend the debate on this, but ceed. But if the Senator does not rise 52 passed unanimously; Republicans I do want to make it perfectly clear for that purpose—— and Democrats voted unanimously for that there were significant differences Mr. EXON. Would the Chair kindly the bill in the Governmental Affairs between the Glenn substitute offered explain the rules to the Senator? I be- Committee. If it was so bad then, why on this floor and what passed out of the lieve the rules say that when an did every single Republican vote for it? Governmental Affairs Committee. amendment is offered, if the Chair I also remind my colleagues, of the 41 It is a fact that, as far as cost-benefit chooses to recognize someone else, that votes cast so far, 27 of them have been analysis was concerned, the use of it is within the authority of the Chair. Is offered by Senators on the other side. was totally discretionary in the bill that not correct? Only 14 amendments have been offered proposed by Senator GLENN; whereas, The PRESIDING OFFICER. That is on our side. So I do not want to delay in the Governmental Affairs Com- correct, if the amendment has been this thing. I do not want to find any- mittee, it had to be reviewed and in- read in its entirety. The amendment more reasons to delay final passage. cluded as part of the review. was being read when the Senator from Senators on our side are as frustrated When it came to the lookback of Nebraska sought recognition. Recogni- as those on the other side. But it is rules, it was discretionary, totally dis- tion is often sought for the purposes of

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10402 CONGRESSIONAL RECORD — SENATE July 20, 1995 asking unanimous consent that the The PRESIDING OFFICER. The tremely close, if not identical, which I reading be dispensed with, and the Sen- clerk will report. would agree, to what was, I think, ator from Nebraska was recognized The assistant legislative clerk read unanimously passed out of the com- with that in mind. as follows: mittee at one time. I simply say that Mr. EXON. I certainly want to abide The Senator from Washington [Mrs. MUR- we are not nearly as far apart from re- by the rules of the Senate, and after RAY], for herself, Mr. DASCHLE, Ms. MOSELEY- solving this important issue of regu- the amendment has been read I will BRAUN and Mr. COHEN, proposes an amend- latory reform as I think the majority seek recognition again and let the ment numbered 1826 to amendment No. 1825. leader has indicated. Chair make the ruling that the Chair The amendment is as follows: I do not wish to impugn the motives thinks is proper at that particular In lieu of the text proposed to be inserted, of the majority leader at all. But I no- time. insert the following: ‘‘None of the funds ticed on several occasions he indicated The PRESIDING OFFICER. The made available in this Act may be used for 100 percent Republican support for the clerk will report. any program for the selection of Federal measure, which implied, with the three The assistant legislative clerk read Government contractors when such program or four other Democrats that he also as follows: results in the award of Federal contracts to unqualified persons, in reverse discrimina- complimented for their help, that all At the appropriate place, insert the fol- tion, or in quotas, or is inconsistent with the was lost because of minority Demo- lowing new section: decision of the Supreme Court of the United crats just would not yield. SEC. . PROHIBITION ON FUNDING OF CONTRACT States in Adarand Constructors, Inc. v. Pena Sometime or other, the minority has AWARDS BASED ON RACE, COLOR, to stand up when they think things are NATIONAL ORIGIN, OR GENDER. on June 12, 1995.’’ (a) PROHIBITION.—For fiscal year 1996, none f not going correctly. Why can we not take the Glenn amendment, that was of the funds made available by this Act may REGULATORY REFORM be used by any unit of the legislative branch defeated on a very close rollcall, 52 to of the Federal Government to award any Mr. EXON. Mr. President, I under- 48, and use that as a means to come to- Federal contract, or to require or encourage stand now we are on the affirmative ac- gether in a bipartisan fashion? But, oh, the award of any subcontract, if such award tion matter. Before we go into that, I no, we cannot do that. We have to use, is based, in whole or in part, on the race, will make a few brief remarks with re- as the basis of consideration, the prop- color, national origin, or gender of the con- gard to the exchange between the ma- osition that the majority leader has in- tractor or subcontractor. dicated it is not possible, under the cir- (b) OUTREACH AND RECRUITMENT ACTIVI- jority leader, the minority leader, and TIES.—This section does not limit the avail- others, with regard to the bill that just cumstances, to come together. ability of funds for technical assistance, ad- failed with the third cloture vote. I say to the majority leader and my vertising, counseling, or other outreach and I encourage the majority leader to colleagues on that side, whom I fre- recruitment activities that are designed to recognize the fact that there are many, quently vote with, I think we are that increase the number of contractors or sub- if not all Members on this side of the close. I do not believe there is any sin- contractors to be considered for any contract aisle, that are just as much concerned cere effort for most of us on this side of or subcontract opportunity with the Federal about regulatory reform as those on the aisle to be obstructionist, as the Government, except to the extent that the majority leader seemed to indicate in award resulting from such activities is the other side of the aisle. I was, frankly, rather amused to hear his remarks. I therefore suggest that it based, in whole or in part, on the race, color, is time that we not give up. It is a time national origin, or gender of the contractor the majority leader say it takes 60 or subcontractor. votes to get anything done around that we start working together on this (c) HISTORICALLY BLACK COLLEGES AND UNI- here. Does anyone remember last year? matter of regulatory reform, which I VERSITIES.—This section does not limit the Does anyone remember last year, when think is very, very important. But I want to compliment the Demo- availability of funds for activities that ben- we had to have 60 votes to do anything, efit an institution that is a historically cratic leader for saying this probably is with the possible exception of adjourn- Black college or university on the basis that the most far-reaching bill that we will the institution is a historically Black col- ment? even consider or pass in this session of lege or university. Now, the facts of the matter are, as the Congress. It is a very important (d) EXISTING AND FUTURE COURT ORDERS.— one Senator who has been on many This section does not prohibit or limit the matter and there are some major con- sides of many issues on this floor, I cerns on this side of the aisle, some of availability of funds to implement a— simply say that I was with the major- (1) court order or consent decree issued be- which are not necessarily shared by fore the date of enactment of this Act; or ity leader on a very close vote not too this individual Senator. But I happen (2) court order or consent decree that— long ago with regard to how we are to feel it is critically important for us (A) is issued on or after the date of enact- going to balance the Federal budget, to recognize and realize, when we pass ment of this Act; and and a constitutional amendment to do (B) provides a remedy based on a finding of major pieces of legislation, we must that. take the time to consider as best we discrimination by a person to whom the Once again, the Senate is so closely order applies. can. And I happen to feel it should be (e) EXISTING CONTRACTS AND SUB- divided on this issue, regulatory re- clear to all that, when we get ourselves CONTRACTS.—This section does not apply form, because it is a very key issue. into a situation where we are passing with respect to any contract or subcontract I say to the majority leader that at this type of legislation, major legisla- entered into before the date of the enact- least as one Senator, and I know from tion under anyone’s definition of that, ment of this Act, including any option exer- the meetings that I attended there are cised under such contract or subcontract be- that 60 votes should be in order. I think others, as so ably stated by the Demo- the 60 votes are there. I really believe fore or after such date of enactment. cratic leader, that we think we are (f) DEFINITION.—As used in this section, the we can get things done in this par- term ‘‘historically Black college or univer- very close. We get down to these situa- ticular matter if we just keep on try- sity’’ means a part B institution, as defined tions, though, and the old bulls lock ing. in section 322(2) of the Higher Education Act horns. The old bulls like to say unless Therefore, I say to the majority lead- of 1965 (20 U.S.C. 1061(2)). you do it my way, you are against reg- er, come forth once again, Mr. Majority Several Senators addressed the ulatory reform. Leader, come forth and talk to the mi- Chair. I think there is general consensus for nority leader. I feel very confident that The PRESIDING OFFICER. The regulatory reform. I was very pleased we are that close to coming up with Chair recognizes the minority manager that the Senate voted on the Glenn something I think would be generally of the bill, who has precedence over all amendment, 52 to 48. I thought we were satisfactory—not totally satisfactory, other Senators when there is a com- very close under that kind of a pro- because this is a piece of legislation bination of Senators seeking recogni- posal. that is obviously so complicated and so tion. Now, whether or not the Glenn difficult that we are probably never AMENDMENT NO. 1826 TO AMENDMENT NO. 1825 amendment is exactly the same as that going to get unanimous consent. How- Mrs. MURRAY. Thank you, Mr. which was indicated earlier as not ever, I say to the majority leader, President. I send to the desk an amend- being necessarily true or not, I think come, let us reason together. I have ment and ask for its immediate consid- that most reasonable people would talked at great length about this with eration. agree that the Glenn amendment is ex- the minority leader, and I think the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10403 minority leader is in a position to derstand that we did not get regulatory think any of the Senators have had to speak for enough of us on this side that reform. And when 54 out of 54 Repub- spend the night here recently. Get the we could get cloture. licans voted for it to go forward, I cots. The Senator from Texas probably f think they are going to figure out who remembers all-night sessions. You wanted regulatory reform. know, it gets to be an interesting occa- LEGISLATIVE BRANCH APPRO- We just passed bills that open trade sion. It is awfully hard to keep some- PRIATIONS FOR FISCAL YEAR in the world: NAFTA, GATT, so we body on the floor. It is awfully hard to 1996 would have the opportunities to com- get any kind of rest, but we have been The Senate continued with the con- pete. But our business people cannot here all night. Recently we have not sideration of the bill. compete when they are so saddled with done that. That is the debate of this in- AMENDMENT NO. 1827 TO AMENDMENT NO. 1825 regulations that they have to add costs stitution. Mr. EXON. So, with those comments, to their product because of the regula- So when you start badmouthing each Mr. President, I send an amendment to tions and, therefore, the product will other around here, I do not think it the desk in the second degree and ask not sell in the international market- helps anyone. It just hardens the situa- for its immediate consideration. place because it is priced too high. tion. I think we ought to continue to The PRESIDING OFFICER. The That is the bottom line. That is why it talk, continue to work. We want to clerk will report. hurts the ability to create jobs in this make as good a bill as we possibly can. The assistant legislative clerk read country, when we have so many regula- I have never heard in any of the re- as follows: tions that our businesses are spending marks tonight what it does to individ- money in lawsuits and regulatory com- The Senator from Nebraska [Mr. EXON] for uals. What does it do to the general Mrs. MURRAY proposes an amendment num- pliance and they cannot put the money public? What does it do to the worker? bered 1827 to amendment No. 1825, where it needs to be, and that is trying What are these things we are trying to Strike all after the first word and insert: to make their product better, giving do here now? ‘‘None of the funds made available in this jobs to people to create the products I hear nothing about big business. Act may be used for any program for the se- and being able to sell those products Big business had a 14-percent increase lection of Federal Government contractors anywhere in the world because we can in profits the first quarter and indi- when such program results in the award of be competitive. vidual hourly wages went down. Some- Federal contracts to unqualified persons, in So, Mr. President, something died thing is going well out there, if they reverse discrimination, or in quotas, or is in- here today and I do not think the small consistent with the decision of the Supreme are making that kind of money. Some- Court of the United States in Aderand Con- business people of our country are how we have to come together and structors, Inc. v. Pena on June 12, 1995. This going to be asking who did it. But they think about the individual and working section shall be effective one day after en- are going to know that their regu- with the companies. actment.’’ latory burdens are not going to be lift- Mr. President, I had not intended to The PRESIDING OFFICER. The Sen- ed. make any remarks. I do not normally ator from Texas. Mr. President, that is a pretty sad make many speeches on the Senate Mr. GRAMM. Mr. President, I sug- message to have to send to the small floor. But I just think this knocking gest the absence of a quorum. business people of this country. We each other out here, just hardens the The PRESIDING OFFICER. The cannot let regulatory reform die like situation. It creates gridlock, to come clerk will call the roll. this, by two votes. It would be uncon- out here and get accused of things. We The assistant legislative clerk pro- scionable. So I hope the Democrats will do what we think is best. I do not al- ceeded to call the roll. get together, and I hope they will say ways win. I am having a hard time win- Mrs. HUTCHISON. Mr. President, I the rhetoric is real and say what we ning anything right now. But I under- ask unanimous consent that the order can really do to take away the 300 stand the procedure. I was here for 6 for the quorum call be rescinded. amendments that are now pending on years when the Republicans were in the The PRESIDING OFFICER. Without the bill. And if they are serious, they majority in the Senate before. I went can do something about it. objection, it is so ordered. from majority to minority. Then all of Several Senators addressed the a sudden we got it back again. We are f Chair. back someplace else. REGULATORY REFORM The PRESIDING OFFICER. The Sen- ator from Kentucky. So it is the system, and the system is Mrs. HUTCHISON. Mr. President, I Mr. FORD. Mr. President, let me just debate. The system is talking. The sys- would just like to talk, again, about say, I have been listening to all this tem is communicating. The system is regulatory reform. We have been dis- back and forth. I think it is part of the doing the best job you can, and you cussing, on this floor, who killed regu- process. It does not bother me too have to have something that you really latory reform. But the rank and file much. But I listened to my constitu- believe in. And when you vote for it, small business person out in America ents. One Senator gets up and says it you voted on the best piece of legisla- knows one thing for sure. Regulatory this way. Another Senator gets up and tion that can be proposed to this insti- reform just died in the U.S. Senate and says no, it is this way and you are tution. Sure, we have disagreements. the small business person who has been wrong. No, you are wrong. That is what it is all about. That is looking for relief so he or she would be Somebody has to be right and somewhat the committee system is all able to grow and prosper and create the body has to be wrong. I learned from about. We do basically the same thing new jobs that keep our economy vital the other side of the aisle how to file in committees that we do on the Sen- are not going to have that opportunity amendments. They bring them in here ate floor. We listen to witnesses. We because we have not done the job we 100 at a time, you know? They taught make up our mind. We offer amend- said we would do to try to get the har- us how to put the amendments on. Now ments. We vote on amendments, and assment of Federal regulations off the we get accused of having a few amend- we vote the legislation up or down to backs of our small business people. ments out. We talk about NAFTA. send it to the Senate floor. That is part We have been working on this bill for Something happened to NAFTA in the of the system. Then we do it basically 10 days. There are hundreds of amend- House because they cut off the ability again. It goes through the mill several ments still left on the bill that we to help Mexico by eliminating the times before it goes to the President failed to get cloture on once again. We funding. for signature. have had three cloture votes. What is it The Democrats did not do that, Re- This is not a stealth Congress. A going to take? We have been in rooms publicans did. There is a scenario going stealth Congress is to do it real quick meeting, talking about the issues that here, bouncing back and forth like a and get rid of it before you get some- were raised. But the bottom line is, in ping-pong ball. I think it is time everyone to jump on you or before the phone 10 days of intense negotiations, floor body understand we do not intend to starts ringing off the hook, before peo- debate, working on this bill, we have let this bill die. That is No. 1. ple start sending out letters. Stealth failed and the small business people of No. 2, we want to continue to talk. I Congress is do it quick and get it over our country especially are going to un- have been here day and night. I do not with.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10404 CONGRESSIONAL RECORD — SENATE July 20, 1995 Some things are too important to do qualified, be denied the contract to grant contracts to people who are un- them quickly and get it over with. give it to someone else based on a pref- qualified, as the Murray amendment Some things are too important to indi- erence that flows from race, color, na- says, then we are not doing anything viduals in this Chamber. And I learned tional origin, or gender. unless I can come in and say: Well, from Majority Leader Mike Mansfield That is part 1 of my amendment. look, I bid a contract to build a side- that on the Senate floor everybody is Part 2 of my amendment has to do walk here at the Capitol and I bid the equal except the majority leader and with outreach and recruitment activi- contract at $55,000. Someone who was the Democratic leader in this case. And ties. And part 2 of the amendment given preference bid the contract at the Chair recognizes them before any- makes it very clear that nothing in $155,000, and they got the contract. But body else. I understand that. That is a this amendment would prevent any ef- under the Murray amendment, the only precedent. We exercise that. But every- fort to help people bid on contracts, to way that I could get any relief, if I was body else has an individual right here. hold seminars on bidding, provide as- the contractor who bid it at $55,000, So we exercise that. I hope that we sistance to people who want to bid on would be if I could prove that the con- never lose that and that we start work- contracts, or go out and inform people tractor who got the bid for $155,000 was ing together rather than try to divide, of the existence of those contracts. unqualified. which will not get us together in the In short, we can expend money. We Now, they may be qualified; they future. can exercise tremendous effort to try may be unqualified, but the point is I yield the floor, Mr. President. to help people get on the playing field the Federal Government should not be Mr. GRAMM addressed the Chair. and to compete. But once contract of- paying $155,000 for work that it can get The PRESIDING OFFICER. The Sen- fers have been submitted, then the se- for $55,000. Nor should it be letting con- ator from Texas. lection process must be based on tracts in America where somebody is f merit—and on merit alone. given a special advantage over some- The next provision of the bill makes body else. LEGISLATIVE BRANCH APPRO- it clear that we are not seeking here to We listened yesterday as the Presi- PRIATIONS FOR FISCAL YEAR override contracting that is done with dent gave a very passionate speech, but 1996 schools designated as historically when you got down to the specific lan- The Senate continued with the con- black colleges and universities. guage of the details of the proposal, it sideration of the bill. The next provision of the bill makes was more doubletalk. And the double- Mr. GRAMM. Mr. President, I think it clear that this is all prospective. We talk basically is the implication that we are talking about unanimous-con- are not going to go back and undo any this is an issue about whether a privi- sent requests here that will allow both existing contracts. In addition, we are leged contractor is qualified. It is an of these amendments to be voted on. So not going to override any existing issue of whether they are the best let me go ahead and talk about my court orders. If a court acts in the fu- qualified. amendment, which is the amendment ture and finds that a remedy for dis- The second issue has to do with the that is trying to eliminate set-asides in crimination is the establishment of a fact that you cannot give somebody the Federal procurement process—in set-aside, we are making it very clear preference over somebody else without the context of this bill as a beginning. that would stand. discriminating against the person who And then let me explain why the Mur- Now, basically, that is what my is not receiving the preference. ray amendment is a sham amendment amendment does. And if my amend- In the final analysis, something that that does not deal with the problem ment is adopted, what it will do is end the President clearly is clever enough but that simply gives cover to those set-asides in contracting for the legis- to understand but was hoping we were who want to allow set-asides in the lative branch of Government. If this not clever enough to understand is that funding for the legislative branch. amendment is adopted and it becomes whenever you give somebody a special Let me begin with my amendment. law, what it means is that none of the advantage on the basis of race or color My amendment is the amendment that money appropriated in this bill can be or national origin or gender, that we have worked on with outside legal used for the purpose of letting a con- means someone else is discriminated groups. It has been endorsed by the tract where anybody is given a con- against because they do not get that leadership in the House, it is being of- tract based on race, color, national ori- benefit. I believe that what we have got fered by Congressman GARY FRANKS, gin or gender. to do is to end set-asides in contracting and it is basically an effort to focus in Now, let me talk a minute about the and what better place to start than in on one particular problem. Murray amendment, because what we the legislative branch of Government. This is a precise, surgical amend- have in the Murray amendment is the So we have before us two amendment, and what it says is this: The bill same convoluted language that the ments. One amendment is a serious, before us is the legislative branch ap- President used yesterday. This is more real amendment which says that none propriations and this amendment deals of the same effort to try to use words of the funds contained in this bill will with nothing except legislative branch to confuse. Let me just read it to you, be used for contracts where someone is appropriations. I plan to offer a similar and I think that if you think about it given a special privilege so that they amendment on other appropriations a minute it jumps out at you as to get a contract that on the basis of bills that come to the floor of the Sen- what this amendment is trying to do. merit they would not have gotten. The ate this year. Let me read you the language: other amendment says that none of the What this amendment says is that in None of the funds made available in this funds will be used to award a contract the letting of contracts, in spending act may be used for any program for the se- if doing so results in the award of Fed- money, none of the money will be spent lection of Federal Government contracts eral contracts to unqualified persons. in such a way that requires or encour- when such program results in the award of Mr. President, that is not the issue ages the awarding of any contract or Federal contracts to unqualified persons. here. The issue here is not whether the subcontract if such an award is based, Mr. President, no one is saying that contractor who got advantage based on in whole or in part, on the race, color, people who get contracts because of race or color or national origin or gen- national origin, or gender of the con- race or color or national origin or gender was qualified. The question is were tractor or subcontractor. der are necessarily unqualified. That is they the best qualified. So what this amendment says in its not the point. In fact, it seems as The amendment then goes on to use first part is that when we spend money though the whole purpose of this lan- many terms which are very difficult, if through the congressional branch of guage is to confuse. What we are say- not impossible, to define. For example, Government, we have to engage in ing is they are not necessarily the best ‘‘In reverse discrimination.’’ Well, by competitive bidding, and that when qualified. They very well may be quali- definition, if the most qualified con- someone submits the low bid who is fied, but the point is somebody else tractor with the lowest price did not qualified, that person will get the con- might have been better qualified or get the contract, I think any reason- tract, and that in no circumstance can have submitted a lower bid. If all we able person would call that reverse dis- the low bidder, who is at least equally are doing is saying that you cannot crimination.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10405 Now, Mr. President, here is the point, UNANIMOUS CONSENT Mrs. MURRAY. Mr. President, I sit and then I will yield the floor because AGREEMENT here tonight and I think about the I understand that an agreement may Mr. GRAMM. Mr. President, I ask words ‘‘affirmative action,’’ and I lis- have been worked out. If you are for unanimous consent that there be 120 tened to the words on the floor. I won- set-asides, I think you ought to have minutes for debate on the pending der sometimes if we have all grown up courage enough to stand up and say it. Gramm amendment, No. 1825, and the in the same country because I grew up If you believe that in America we Murray amendment, which would be in a country that said you have equal ought to legislate unfairness for some modified to reflect that it be added at opportunity, an equal chance and an reason, that we ought to reject merit, the appropriate place in the bill, and equal ability in this life to get a good and that we ought to give people con- that the time be equally divided be- education, to get a good job and make tracts based on their race, their color, tween Senator Gramm and Senator it in this country. their national origin, or their gender, Murray. And that following the conclu- Mr. President, that is what the af- it seems to me that you ought to do sion or yielding back of time, the Sen- firmative action program means to this something that President Clinton did ate proceed to vote on the Gramm Senator from the State of Washington not have courage enough to do yester- amendment, to be followed imme- who stands here tonight on the floor of day. That is, you ought to stand up and diately by a vote on the Murray the Senate as one of eight women in say it, and you ought to vote against amendment, as modified, and that no this body. Mr. President, when I hear the words my amendment. amendments be in order prior to the ‘‘quotas,’’ ‘‘reverse discrimination,’’ disposition of the two amendments, It seems quite another thing to offer ‘‘preferences for unqualified individ- and that the Exon amendment, 1827, be an amendment which basically says uals,’’ I am astounded because that is withdrawn. Mr. President, I ask unani- that you cannot give a contract to an not what I see in affirmative action mous consent that the time already unqualified person. The point is that today. And I think it is a twisting of consumed by both sides be considered many people—in fact, I would guess in the debate to try and make people subtracted from the overall time limi- almost every case the loser of competi- think this program is about something tation. tive bidding every day in America in that it is not about. This program is The PRESIDING OFFICER (Mr. public contracting is qualified. It is not about giving people an ability to make BURNS). Is there objection? the point that they are not qualified. it in a country where we care about all Mrs. MURRAY. Reserving the right The point is they are not the best individuals, no matter who they are or to object. Mr. President, I will not ob- qualified. They did not offer the best where they come from or what they ject. I would just like to know how bid. They did not offer the lowest price. look like. much time would be left then on both Therefore, they should not have gotten And I think that is a particularly im- sides? the contract. portant agenda to retain in this coun- The PRESIDING OFFICER. The Sen- try. It certainly is one I want for my So if you vote for the Murray amend- ator from Washington would have 1 children and my grandchildren who ment, in my humble opinion, what you hour and the Senator from Texas would are doing is simply seeking political will follow me. have 44 minutes. The amendment that I have put for- cover because you do not want to tell Mrs. MURRAY. Thank you, Mr. people you are for set-asides. I am op- ward says quite clearly that no Federal President. funds can go to any affirmative action posed to set-asides. There is only one The PRESIDING OFFICER. Is there fair way in America to decide who gets program that results in quotas, in re- objection? verse discrimination, or in the hiring a job; there is only one fair way to de- Mr. SPECTER. Reserving the right cide who gets promoted; there is only of unqualified persons. The amendment to object. I would like the stipulation makes it very clear to the agency that one fair way to decide who gets a con- added to give this Senator 10 minutes. tract, and that is merit. its affirmative action programs must The PRESIDING OFFICER. Would be completely consistent with the Su- And if you do it any other way than the Senator from Pennsylvania restate preme Court’s recent decision in the merit, it is inherently unfair, it is in- his request? Adarand case that affirmative action herently divisive, and it ultimately Mr. SPECTER. As I understand it, programs could be justified only if they pits people against each other based on there is 1 hour on each side. served a compelling interest and were their group. The genius of America is The PRESIDING OFFICER. The Sen- narrowly tailored. competition based on individual deci- ator from Washington has 1 hour. The The amendment recognizes that the sion making and individual qualities. Senator from Texas has 44 minutes. battle against discrimination in Amer- What makes America work is that in Mr. SPECTER. Perhaps I can inquire ica has not yet been won. And I invite America we are not part of groups; we of the Senator from Washington if I all of you to go out into our schools, to are individuals, and we have an oppor- might have 10 minutes on your side? go out into our institutes of higher tunity to be judged as individuals Mrs. MURRAY. I would be willing to education, to go out into the workplace based on our merit. yield 10 minutes from my side to the and see that it is not yet won for Senator. women and for minorities. And affirm- While some will say that trying to Mr. SPECTER. I thank the chair. I stop unfairness written into the law of ative action programs are very impor- will not object. tant to winning that battle. the land, because for 25 years we have The PRESIDING OFFICER. Is there had unfairness written into the law of Mr. President, as I listen to the objection? amendment that comes before us—and the land in set-asides and quotas, and Hearing none, so ordered. people in America know it and they re- I heard my colleague from Texas say he So, the amendment (No. 1826), as was going to offer this amendment on sent it and they want it changed, what modified, is as follows: every appropriations bill—I wonder we are doing when we eliminate set- At the appropriate place in the bill, insert how much money he is talking about asides is we are going back to the uni- the following: and who he is going after. I did not fying principle of America. And that SEC. . None of the funds made available in have time, of course, to put this into a principle is merit. this Act may be used for any program for the chart that all of you could see. Frank- What we are saying is that if any selection of Federal Government contractors when such program results in the award of ly, I thought I would save the Senate contractor in America wants to bid for Federal contracts to unqualified persons, in money because that is what we are try- a Government job, they have as good a reverse discrimination, or in quotas, or is ining to do. So I did not make a chart. chance to get that contract as anybody consistent with the decision of the Supreme But I will share with you what I have else. They have a chance to be judged Court of the United States in Adarand Con- on this. on their merit on their bid. To do it structors, Inc. v. Pena on June 12, 1995. The total awards that are given in any other way is totally and absolutely The PRESIDING OFFICER. Who Government contracting, prime con- unfair. And I believe it should be re- yields time? tracts, is $160 billion. Of that, $1.9 bil- jected. Mrs. MURRAY addressed the Chair. lion—$1.9 billion—out of $160 billion go

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10406 CONGRESSIONAL RECORD — SENATE July 20, 1995 to women-owned business awards. That Jackie Robinson, do you think he was airmen and I remember the turmoil is who we are targeting in the under- the best-qualified player at the time? they experienced fighting in World War lying amendment. That is who—$1.9 How about Satchel Paige, do you think II, feeling they had to fight two en- billion out of $160 billion. A very small he was the best-qualified pitcher at the emies: one called Hitler, the other amount, $6.1 billion to small disadvan- time? Was he granted access to the pro- called racism in this country. taged business awards. A total of about fessional leagues? Jackie Robinson, I listened and I remember very well yes, he was the first to break through $8 billion out of $160 billion—$160 bil- Congressman LOUIS STOKES, who was a lion—$8 billion going to small dis- the color-barrier, after years and years member of the Iran-Contra committee, advantaged business and women-owned of practiced racial discrimination. speaking about what it felt like for Satchel Paige played the prime of his business. That is who we are targeting him to make a contribution to his career in the Negro Leagues, only mak- in the underlying amendment. country in the service, but to be barred ing it into the big leagues after the It seems very clear to me that it is a from eating and sleeping in the same color-barrier had been broken. But he good goal in this country to assure barracks as his white counterparts. It made it to the Hall of Fame nonethe- that disadvantaged people, that people did not matter that he was prepared to who do not have the same opportuni- less. The difficulty is, of course, that none die on the battlefields; that was OK. ties, are given the ability to move You are equal out on the battlefields, ahead in the workplace. And I urge my of us believe in quotas, because quotas are arbitrary, they are capricious, they you are just not equal in the barracks, colleagues to defeat the Gramm you go to the other room, you go to the amendment and to vote for the Murray are without merit. But the Senator from Texas believes we should have not other fountain, you sleep in another amendment. That is a positive way to place. move in affirmative action in this Na- more group preferences. Well, how tion. about veterans? Is that in the amend- That has been changed, not through Mr. President, I ask the Senator from ment? I do not think so. I hope not. the marketplace, but through actual Maine how much time he would need? But make no mistake, we grant pref- affirmative action on the part of the Mr. COHEN. Ten minutes. erences to many groups. U.S. Congress. We changed that. We Mrs. MURRAY. I yield 10 minutes to We grant preferences to veterans be- helped to legislate the beginnings of the Senator from Maine. cause they have made a great sacrifice equality—not entirely, but we helped Mr. COHEN. I thank my colleague for for this country. We take that into ac- to legislate at least a part of the way. yielding. count and we grant them preferences, But it still exits day in and day out. Mr. President, I was intrigued with regardless of what their contribution I can give you example after example the Senator from Texas’ comment to- was. Some served in combat. Some of people who walk into places of em- ward the very end of his presentation served as medics. Some served as flight ployment who are turned down, not be- where he said that for 25 years we have assistants. Some served back in the cause they are not qualified or the best legislated unfairness. We have passed United States. They all were willing to qualified, but simply because of the legislation not based on quality, but make the commitment, so we treat color of their skin or even their gender. them as a group and we give them spe- rather on race and gender. So we have not arrived at a color-blind cial consideration, as we should. The 25 years stood out in my mind society. I know there are those on the How about small businesses? Are we because it tended to ignore that for 200 prepared to eliminate the small busi- floor who will say our goal must be a years we have tolerated and practiced ness set-aside, and give no more pref- color-blind society, and I agree, but we unfairness. We said that all men are erences in government contracts to are not there yet, not when you put created equal. That is our defining doc- small business? Should we let them go Martin Luther King’s photograph in ument. Not ‘‘all women are created up against the giant conglomerates, the cross-hairs on a T-shirt, not when equal.’’ Not ‘‘all blacks are created without a care of how small or how ca- you put signs up that say, ‘‘No equal.’’ They were not even treated as pable they are. Even if they cannot blacks’’—and I am qualifying it a bit human but only three-fifths human, as compete against the big guys—tough here—‘‘are allowed to cross this line.’’ slaves, as pack mules. We broke up luck, no special consideration. The Senator from Texas says this is their families, and we humiliated them I know that there is some disagree- simply a surgical strike on this par- for years and years—not 25 years—but ment about affirmative action, even ticular piece of legislation. But he has a couple of hundred years or more. And within the minority community. There already indicated there is going to be suddenly we come back and say, ‘‘Well, are some who feel that the very exist- surgery after surgery. This is only one it is all equal now. The field is com- ence of affirmative action has stamped surgical strike. We have a bombard- pletely level. We live in a colorblind so- the red letters of ‘‘AA’’ on their fore- ment coming until every aspect of any ciety.’’ Does anyone here really believe heads; that they somehow have been kind of remedial action for past, that, that we live in a colorblind soci- stamped as affirmative action babies; present and future discriminatory poli- ety? that people believe they could not cies are eradicated. There was an item in the paper re- make it on their own, notwithstanding cently about ‘‘good ol’ boys’’ getting So why have we had set-asides? We their capabilities; that they are seen ought to face the issue, why have we together for a good old time. They were only as the beneficiaries of affirmative Federal employees—ATF, maybe FBI, had set-asides? It is because blacks and action. other minorities have been frozen out maybe Secret Service, maybe IRS. I watched a program just this and women have been locked out of op- Does anyone here truly believe that we evening where one very passionate in- portunities. We have had 200 years-plus do not live in a colorblind society dividual said, ‘‘I don’t want to support of this discrimination, but only 30 today, that discrimination does not any program that infers or implies that years of trying to overcome that. We exist? I am somehow inferior.’’ That really is are not trying to put unqualified peo- The Senator from Texas says that we not the issue, because he is not infe- ple into positions, but to give those should not let someone get a contract rior. The problem is that he and others people who are qualified an oppor- based on a preference. He believes that have been victims of societal discrimi- if you give someone a special pref- nation. Others call it racism for that is tunity to break through the barriers erence, you impose a disadvantage on what it is. The truth is that they were that we have allowed to exist for a others. That is one side of the argu- not judged based on their quality, they long, long time. The point of affirma- ment. How about whenever you impose were not judged based on their merit, tive action is not to establish quotas, on someone a special disadvantage by they were not judged based on the con- it is to allow qualified people to over- virtue of their race or gender? It seems tent of their character, but they were come discrimination. to me that you give someone or an- judged based on the color of their skin. So the Senator from Texas asked the other group a special advantage. That has been the practice over the question: If you believe we ought to The Senator from Texas would like centuries in this country. legislate unfairness, then you support to have the best-qualified people re- Yes, progress has been made. But I the amendment that has been offered ceiving contracts. I agree. How about listened to the stories of the Tuskegee as a substitute. I would put it another

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10407 way: If you believe we ought to ignore just plain old water, but it was going ethically or intellectually supported? unfair practices, if you believe we to be set aside. It was different water. Why, then? Given the history, and ought to allow those who have been It was a segregated situation for those given where we are and the fact that historically and to this day are treated of us who were not white. the evidence makes it clear that dis- unfairly in the marketplace to con- We know at the base that this crimination and exclusion for women tinue to be discriminated against, then amendment seeks to roll back the and minorities still exists, not only in you vote for the amendment of the clock and turn back the gains that our community, but also in our econ- Senator from Texas. women and minorities—as limited as omy. Mr. President, I think the choice is they may be—have made in this coun- There were, in the report that the pretty clear. I hope when the vote fi- try in the last several decades. President had done, ‘‘The Affirmative nally comes that we will reject over- You know, maybe we should thank Action Review,’’ results from random whelmingly the amendment of the Sen- the Senator from Texas because, quite testing. They make the point that ator from Texas and support that of frankly, this issue was bound to come there was a series of tests conducted our colleague from the State of Wash- to the floor. He has already said he is between 1990 and 1992. It revealed that ington. going to have it on every bill. Maybe blacks were treated significantly worse The PRESIDING OFFICER. Who we should have this debate on every than equally qualified whites 24 per- yields time? bill. But I think it is of critical impor- cent of the time, and Latinos were Ms. MOSELEY-BRAUN addressed the tance that we tell the truth about what treated worse 22 percent of the time, et Chair. this amendment is and point out to the cetera, et cetera. It goes on. The PRESIDING OFFICER. The Sen- American people that colored water is So we know, everybody here knows ator from Illinois is recognized. Who not pink and green. It is not a rainbow. that discrimination still exists, even yields time? Colored water is just that—it is some- though we are all, I hope, committed to Mrs. MURRAY. Mr. President, I thing that is less than what is given to its eradication. We all know that is a thank my colleague from Maine for his everybody else. fact. But discrimination notwith- very eloquent remarks and support. I This amendment of the Senator from standing, the fact is that the numbers hope all our colleagues had the oppor- Texas is just that—it is something less. do speak for themselves. Why is it that tunity to hear what he had to say. I Yes, we are indeed clever enough to use we are still looking at a situation in yield as much time as she needs to the his words to understand exactly what which, for our procurement in this Na- Senator from Illinois. he is talking about in this amendment. tion, at this time 50 percent of the pop- The PRESIDING OFFICER. The Sen- And this world will understand exactly ulation being female, 1.21 percent of ator from Illinois. what he is talking about with this the contracts awarded in 1993 went to Ms. MOSELEY-BRAUN. Mr. Presi- amendment. women-owned businesses—1.21 percent. dent, I thank the Senator from Wash- The Senator from Maine talked The amendment of the Senator from ington for yielding. about the past and the ugly history Texas seeks to roll that back. At the outset, I want to tell you a lit- that we all know about in this room. Now, does this suggest that 98.89 per- tle story that happened in my lifetime. Let me submit that the issue of affirm- cent of the people that got the con- When I was very young, 7 or 8 years ative action is not as much about the tracts were better qualified than that old, we went south on the train from past, or even the present, as it is about 1.21 percent of women-owned busi- Chicago to the city of New Orleans. We the future—the future that these young nesses? I think everybody in this room were going through Alabama. We people will have, the future that we and everybody listening knows that stopped at a train station, and there give to the next generation of Ameri- there are other explanations for why were water fountains. This is in the cans. that figure is so low. days Senator COHEN has referenced, the If that future is going to allow for us So why, then, is it inappropriate to days when there was official segrega- to build as a nation on our diversity, as suggest that we give women-owned tion in this country. a strength of our Nation as opposed to businesses, that we give minority- We stopped at a train station. One of weakness, then we must defeat this at- owned businesses a shot; that we give the water fountains was labeled ‘‘col- tempt by the Senator from Texas and them a chance to compete, not based ored.’’ My mother, because she did not every other one he or anybody else on any lack of qualifications, but, in- want to start a ruckus in the train sta- comes up with on this floor. If we are deed, based on qualifications? Why are tion, would not let us go to the colored going to send a signal that we believe we suggesting that we close the door fountain to get a drink of water, even in opportunity for America, then we on that chance, that we shut down that though we were thirsty. must defeat this attempt to roll back opportunity and indeed cripple the di- My little brother, however, who was opportunity. versity that I believe—and I hope my about 5, laid out in the train station There is no question, as the Senator colleagues will concur—is at the heart and had a temper tantrum because he from Washington pointed out, affirma- of the future of America. wanted to have some colored water. He tive action does not guarantee any- The fact of the matter is that that thought it was going to come out of thing to anybody. It is not a carving diversity has been talked about in the fountain pink, blue, green, yellow, stone where you get it just because of many instances by businesses in this and red, a rainbow of colors, and he your belonging to a group. It is a prin- country as a business imperative. We was determined to have some colored ciple based on merit. It is not about are in a global economy with global water. quotas. markets, and not everybody in the Mr. President, I want to suggest the Frankly, when we talk about pref- world who does business is male, and amendment of the Senator from Texas erences, the Senator from Maine is ex- not everybody in the world who does is colored water. This amendment tries actly right. We have all kinds of pref- business is white, and not everybody to convince us that it is an amendment erences. We have preferences for senior who does business in the world speaks in favor of fairness and an amendment citizens; we have preferences for peo- English, for that matter. So does it not in favor of diversity, an amendment in ple, depending on where they live; we make sense for us to, if you will, stir favor of America and the kind of coun- have preferences for people based on the competitive pot a little bit, to try that we are, a diversity of people, the fact that they served in the mili- allow for an equality of opportunity for people of all colors and genders and tary, whether they ever saw a war or all Americans to participate in this coming together, and that somehow or not; we award preferences because we economy and in building this Nation another this supports that vision of think there is an objective, a value, if for this global economy and preparing America. you will, that is important to promote. our country to compete in this world But, in fact, just as we all knew that So why, then, this argument that market? Does it not make sense for all the water coming out of that fountain somehow or another, by allowing an Americans to allow every child a in that segregated train station in Ala- opportunity to compete for women and chance to participate on an equal basis, bama was not pink and green and blue, minorities, that sets up some pref- to give everybody a shot—not that we we knew in our hearts, we knew it was erence that may not be logically or guarantee a young person a chance

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10408 CONGRESSIONAL RECORD — SENATE July 20, 1995 when we allow for a college scholar- says that ‘‘none of the funds in this act again. Thank you very much. I yield ship. We do not guarantee them an ‘‘A’’ may be used for any program when the floor. in chemistry, but we guarantee them a such program results in the award to Mr. GRAMM. Mr. President, I always chance to get into the classroom so unqualified persons in reverse discrimi- love it when Abraham Lincoln is that possibly if they are an ‘‘A’’ stu- nation, or in quotas, or is inconsistent quoted. I think everyone in this body dent, our Nation will benefit from the with the decision of the Supreme Court agrees with the quote that we just contribution they can make. in Adarand.’’ heard. In fact, the Nation fought a Well, that is the whole point of af- So her amendment says we are going bloody civil war over it and ended up firmative action, Mr. President. That to do this right, do it consistent with the winner from having settled the is the whole point of the kind of initia- the law. Senator GRAMM’s amendment, issue, which had to be settled, and was tives that have been taken to provide, on the other hand, says we are just settled correctly. if you will, sheltered markets for going to knock the feet from under- That is not what Abraham Lincoln women and minorities, and it is not as neath the table of opportunity, and we said about fairness. In fact, there is an- though anybody has abused any of this. are going to tell women and minorities, other Lincoln quote that goes right to There are only 1.21 percent women- ‘‘Do not bother to come around. We the heart of this issue. That Abraham owned businesses. have nothing for you. And, indeed, if Lincoln quote is where Abraham Lin- Last year, Senator HUTCHISON and I you are going to compete, you are coln sought to say, what is the objec- worked to pass legislation calling for a going to have to do it as though you tive of government in providing fair- 5 percent procurement goal—goal, not were not female, minority, or as ness? On this issue, which applies di- quota; not a guarantee, but a goal—for though you were starting on a level rectly to this point, Abraham Lincoln women-owned business. Five percent. playing field.’’ said, ‘‘The best that a government can Half of the population in this country I think everybody knows that is col- guarantee is a fair chance and an open are female. We said, How about 5 per- ored water. way.’’ I do not believe, Mr. President, that cent? This amendment would roll that Now, I mentioned appealing to the any living Lincoln scholar would argue back and say, you have 1.21 percent higher angels of our nature. I know that if Abraham Lincoln stood here on now and last year we thought it would many other people are waiting to speak the floor of the Senate today, he would be a good idea to move the goalposts on this. I would like to yield the floor support a provision that gave one and allow you to at least compete, to so that they can. But I would like to American an advantage over another try to get to 5 percent. And now we are refer to Abraham Lincoln, who, of when the American who lost the advan- going to say, well, all bets are off, here course, was a U.S. President from my tage had merit on his side. is your colored water, drink it and be State of Illinois. I like to refer to him I do not believe that Abraham Lin- happy. I do not think that is the will of because he was one of the greatest coln would have argued that two this U.S. Senate. At least, I certainly Presidents this country has ever had. wrongs make a right, which is an argu- hope not. He said in an 1862 address to Congress: ment that we heard earlier today pre- I would go further to say that the po- Fellow-citizens, we cannot escape history. sented, as well as a bad argument can sition that is expressed in the Gramm We of this Congress and this administration be presented. But it is a bad argument, amendment has already been rejected will be remembered in spite of ourselves. No nonetheless. by seven out of nine of the Supreme personal significance or insignificance can Let me begin by trying to answer Court Justices in the recent case of spare one or another of us. The fiery trial through which we pass will light us down, in each of the points that were made. Adarand versus Pen˜ a. I would like to First of all, the Adarand decision. Sen- read what Justice O’Connor said in honor or dishonor, to the last generation....We—even we here—hold the power ator MURRAY’s amendment conforms to Adarand. I think it is something we and bear the responsibility. In giving free- Adarand because it has no choice but need to hear. This was the author of dom to the slave, we assure freedom to the to conform to it because it was based the majority opinion that said race- free—honorable alike in what we give and on the Constitution of the United based classification had to withstand what we preserve. We shall nobly save or States. strict scrutiny. She said: meanly lose the last, best hope of earth. Contrary to the distinguished Sen- The unhappy persistence of both the prac- Other means may succeed; this could not ator from Illinois, my amendment is tice and the lingering effects of racial dis- fail. The way is plain, peaceful, generous, written in total conformity with crimination against minority groups in this just—a way which, if followed, the world will forever applaud, and God must forever bless. Adarand. In fact, it has written on page country is an unfortunate reality, and Gov- 3 language consistent with the Adarand ernment is not disqualified from acting in Mr. President, Abraham Lincoln was decision. That is, if the court finds that response to it. talking about the great conflagration a contractor was subject to discrimina- Yesterday, President Clinton made a that this country went through. At the tion, the court may provide a remedy statement in which he said we are same time, I think that we are right with a set-aside to correct the impact going to comply with the law, with now at another kind of crossroads in of that particular discrimination. Adarand; we are not going to allow for this country that will determine My amendment has the core of the any quotas. We are going to make sure whether or not we will go forward, we Adarand decision written right into it. the programs, where they have not will nobly save or meanly lose the last, In no way is it inconsistent with worked appropriately, are going to best hope of Earth. Adarand, nor could it be, since the work right. We are going to do this This Nation’s future will depend on Adarand decision is now binding. right. He called upon the American whether or not we can open our arms, Now, let me go through the points. people, really, to speak to the higher and whether or not we can provide for One of the things I want to thank my angels of our nature, to what kind of equality of opportunity, a chance for colleagues for is that nobody argued future do we want to see. Do we want every American. I appeal to my col- that the Murray amendment was a real a future in which diversity becomes leagues not to close that chance down, amendment. We heard arguments that part of the energy of this country, not to shut the door on the efforts that my amendment would end set-asides, where if you, again, stir the competi- have begun by women and minorities and that set-asides should not be tive pot and allow minorities to par- to integrate themselves as full partici- ended, that people should be given pref- ticipate in the economy and allow pants in the economic and cultural and erence, and that it is perfectly accept- women to participate in the economy social life of this great Nation. able in America to give contracts to and allow Americans all to participate Our future is at stake in this vote people who are not the low bidder and in this economy and to participate in and the following votes. I encourage who might not have merit. I want to making our Nation strong? The Presi- my colleagues to take the high road thank them for doing that, because dent thought that was a sensible ap- and to support the Murray amendment that is something that Bill Clinton did proach. and to reject this attempt—reject this not have the courage to do in his I daresay, Senator MURRAY’s amend- attempt—to divide us and to send us speech the other day. ment, which I strongly support, under- back to a day which, I think, is one Nobody here tried to argue that, to scores that notion. Her amendment that none of us will be proud to visit say that you could not give a contract

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10409 to someone who was unqualified, some- nesses that are not applying for con- Americans as part of groups rather how represented a real alternative to tracts under set-asides and which get than as individuals. When the whole the amendment. Everybody that has contracts in America every day. world is torn apart with struggles spoken thus far has made it very clear The next argument is: Allow people where people feel themselves more part that this is an issue about set-asides, to have a shot. Continue set-asides so of a group than part of a nation, I and that they are for them, and that that people have an opportunity to think this is a destructive policy that they believe that preferences are right, compete. divides Americans. And I think it needs and that they are somehow justified. People have an opportunity to com- to end. Now, here is how they are justified. pete in America because our system Our goal as Americans has always Senator MURRAY says they are justified today, and we thank God that it is so, been that people would be judged as in- because under 8(A) contracting there is is based on merit and competition. Not dividuals. As a great American once only $8 billion, that they are justified that it is perfect. Not that we do not said, ‘‘that they would be judged by the because we are giving only $8 billion on need to work relentlessly to make it content of their character and not the a noncompetitive basis, and we are closer to being perfect. But the point color of their skin.’’ spending so much money, and that is is, people are allowed to compete. And Set-asides are wrong. They are unso little money, so the unfairness in- to say that people cannot compete unfair. They are un-American. And they volved here is relatively small, and, less they are given a special privilege, should end. therefore, we ought to continue to do I think, perverts the whole idea of I reserve the remainder of my time. it. equality. The idea that by ending set- Mr. SPECTER. Will the Senator from Now, it does not take into account asides we are saying to women and to Texas yield for a question? all the other contracts that have some minorities, ‘‘Do not come around,’’ as- Mr. GRAMM. The Senator has 10 set-aside written in them. Just about sumes that only with set-asides can minutes. I would be happy if he uses every highway contract in America has women and minorities compete. his time. I will preserve mine. I have a set-aside for subcontractors. Set- Finally, the argument for equal op- people coming to speak. asides create unfairness. That is what portunity is completely turned on its Mr. SPECTER. If I may ask the Sen- the Adarand decision was about. head here. What my amendment seeks ator from Texas a question on my The second argument is an argument to do is to bring fairness back to the time? that 90 percent agree there has been American system of contracting. For 35 The PRESIDING OFFICER. Who terrible unfairness in our country. I years in America, beginning with an yields time? think everyone realizes that. I think it Executive order under Lyndon John- Mrs. MURRAY. Mr. President, I yield is part of our history. I think the son, compounded by an Executive order 10 minutes to the Senator from Penn- greatness of America is that we have under Richard Nixon, and now written sylvania. worked to overcome it. I am proud of into numerous laws and regulations, The PRESIDING OFFICER. The Sen- that. I take a back seat to no one in we have written in quotas and set- ator from Pennsylvania is recognized. hating bigots and hating racism and asides. We have written in a system Mr. SPECTER. On my time, then, I hating prejudice. Hate is a strong word, that consistently, in terms of the pro- ask the Senator from Texas this ques- and I use it advisedly. grams that are targeted for this pur- tion. Two wrongs do not make a right. We pose, grants contracts not based on He makes the comment that his cannot correct inequity in America by merit but grants contracts based on amendment is consistent with making inequity the law of the land. privilege. That is fundamentally un- Adarand, and said further that it would We cannot correct things that hap- American. It is fundamentally wrong have to be. pened 200 years ago by discriminating and it needs to end. I will call the attention of the Sen- against people in America in 1995. The American people, by over- ator from Texas to the opinion of Jus- The only way to have a clean break whelming margins, are opposed to set- tice O’Connor, saying, with the unfairness of the past is to asides. We are spending the taxpayers’ The unhappy persistence of both the prac- purge unfairness from the present and money. How can we be good stewards of tice and the lingering effects of racial dis- the future. I believe we need to be abso- the taxpayers’ money when we grant a crimination against minority groups in this lutely relentless in enforcing the civil contract to someone who was not the country is an unfortunate reality and Gov- rights laws. It is fundamentally wrong high-quality or low-cost bidder? I think ernment is not disqualified from acting in to give somebody a job when someone we cannot. response to it. else is better qualified. It is fundamen- It is fundamentally unfair to give a Then, Justice O’Connor goes on to tally wrong to promote someone based contract to someone who did not win it say, on some privilege they are granted, on merit. What my amendment seeks When race-based action is necessary to fur- rather than promoting the person who to do, and does it explicitly, is this. It ther a compelling interest, such action is had the better record. preserves our ability to spend money to within constitutional constraints if it satis- It is profoundly wrong, in fact it is recruit, to educate, to help. Under my fies the ‘‘narrow tailoring’’ test set out in un-American, to give somebody a con- amendment we can go out and adver- this Court’s previous cases. tract when they were not the low bid- tise contracting all over the country. Well, the first question would be: der, when they were not the high qual- We can target the advertising to spe- Having stated that the Senator from ity bidder. I do not believe that two cific groups. We can help specific Texas agrees with Adarand, then would wrongs make a right. I think what we groups in learning how to do Govern- the Senator from Texas not agree with have to do is relentlessly pursue fair- ment contracting. We can help them what Justice O’Connor has said, that a ness. You cannot have fairness by leg- get onto the playing field. But that is race-based preference is appropriate islating unfairness. That is what this where help ends and competition be- when it is narrowly tailored to satisfy debate is about. gins. Because under my amendment, a compelling State interest? The next argument is that women unlike the amendment of Senator MUR- Mr. GRAMM addressed the Chair. get only 1.21 percent of the contracts. I RAY, once people are on the playing The PRESIDING OFFICER. The Sen- remind my colleagues, women own over field, once the contracts are submitted, ator from Texas. half the wealth in America. It is al- we are then forced to make the judg- Mr. GRAMM. Mr. President, let me most certainly true that, given the fact ment on merit and merit alone. pose a parliamentary inquiry. Is it in that women own over half of General I conclude by simply saying this. order for a Senator on his time to ask Motors and General Electric and Gen- There is no other way to make deci- me a question? eral Dynamics, trying to take the set- sions that are fair, other than on The PRESIDING OFFICER. If unani- asides in a particular program of the merit. As long as we make decisions on mous consent is given. SBA and say that those are the only any basis other than merit, they are Mr. GRAMM. Mr. President, let me contracts that women are getting is in- inherently unfair. As long as we make try to answer this one. Then I will go accurate. Women are running large decisions on any other basis besides with the regular order. I am not object- corporations, women are running busi- merit, then we are judging our fellow ing.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10410 CONGRESSIONAL RECORD — SENATE July 20, 1995 Let me say this: What I have done in ter, it is a very serious matter, and it tion by a person to whom the order ap- section B on page 3 is simply made it is one really where the Senate cannot plies. clear that if a set-aside is granted as a deal intelligently in the course of 2 So that if a contractor, which is the remedy to an act of discrimination hours of debate. relevant subject here, engages in dis- that has occurred where the party that My own view, Mr. President, is that crimination, a remedy that the Court is being subject to the set-aside com- it would be vastly preferable to deal can use under this amendment is to im- mitted discrimination, then clearly it with discrimination on an individual- pose a set-aside, and clearly in that would be allowed under section B. I be- ized basis, and that we really ought to case, different than a quota case which lieve that is consistent with the have an EEOC which did not have a would have no application here, it Adarand ruling. And I believe it is con- backlog of 100,000 cases. I am very would be permissible. sistent with what I am trying to much opposed to discrimination in any The PRESIDING OFFICER (Mr. achieve here. form, and that includes reverse dis- FRIST). The time yielded to the Sen- My objective is not to ratify the crimination, as the Supreme Court of ator from Pennsylvania has expired. Adarand ruling; my objective is to end the United States struck down reverse Mr. SPECTER. May I have 1 addi- set-asides—except in those cases where discrimination against white males in tional minute? the court might order them as a spe- the Memphis firefighters case, when Mrs. MURRAY. Yes. I yield 1 addi- cific remedy to discrimination which the layoff orders discriminatorily ap- tional minute. Mr. SPECTER. Since the Senator has been committed by the party that plied to white males. from Texas bases the distinction of set- the set-aside is being imposed on. For But there are situations where the aside as contrasted with quotas—this example, if the courts found that a con- unanimous Supreme Court has decided Senator is very much opposed to tractor had engaged in discrimination that where there has been a situation quotas—then would he agree that a where the Court has ordered a remedy, against a subcontractor, under my preference based on race would be jus- and it has been disregarded, or when amendment they would have the poten- tified in the face of a discriminatory there is State action such as the activ- tial remedy to order that the con- practice as indicated by the State of ity of the Alabama State Police, that a tractor grant a set-aside of the con- Alabama? tract to the party that has been dis- remedy is required and a remedy is en- Mr. GRAMM. I believe that, if it is criminated against. But under my tirely in order. proven that an employer is engaged in amendment, they could not order that The comments by Justice O’Connor, discrimination, a justifiable remedy is the contractor—or my amendment it should be noted, were concurred in to set a quantifiable goal whereby they would not order that the contractor by Chief Justice Rehnquist and by Jus- demonstrate as a way of undoing that have a set-aside program for people tice Anthony Kennedy. And it is a very discrimination that it no longer exists. who have never been discriminated important fact, as noted by the Court, The point is in my amendment I spe- against by him and may never have that the persistence of both the prac- cifically allow that with regard to set- been discriminated against by anyone tice and the lingering effects of race asides. else. discrimination against minority groups Mr. SPECTER. That would be a pref- Mr. SPECTER. Mr. President, that is in this country constitute an unfortu- erence. very interesting but not a response to nate reality, and Government is not The PRESIDING OFFICER. The Sen- my question. And with 10 minutes I disqualified from acting in response to ator from Washington. cannot engage in a dialog with the Sen- it. Mrs. MURRAY. Mr. President, I have ator from Texas. I must say, Mr. President, that on a number of speakers who want to I submit to the body that under the short order, the amendment offered by speak on my side. I would like to know standards articulated by the Senator the Senator from Washington cannot how much time is left on both sides. from Texas in the Adarand case, his really be considered appropriately, and The PRESIDING OFFICER. The Sen- amendment must fail because where at sufficient length either. But it is my ator from Washington has 18 minutes there is a preference based on action by hope that this body does not act sum- 45 seconds. The Senator from Texas has the Government, or where there is a marily and hastily in an effort to deal 32 minutes 39 seconds. preference based where a previous with the very important point involved Mrs. MURRAY. I would be happy to court order has not been complied here. let the Senator from Texas use his with, that is satisfied under Adarand. In the last few seconds that I have, time since I have a number of speakers. And Justice O’Connor goes on to let me ask the Senator from Texas one We do not have much time at this point out that in the Paradise Case, further question as to whether he point. United States versus Paradise, in 1987, would agree that a preference based on Mr. GRAMM. Mr. President, let me every Justice of this Court—that would race would be justified in the case of make a couple of points. And then, include Justice Scalia—agreed that the United States versus Paradise, where, since the distinguished Senator from Alabama Department of Public Safe- as noted, the Alabama Department of Washington has those here who want to ty’s ‘‘persuasive, systematic and obsti- Public Safety had a pervasive, system- speak, she can go ahead and allow nate discriminatory conduct’’ justified atic, and obstinate discriminatory con- them to do it. the narrowly tailored race-based rem- duct by consistently refusing to hire The distinguished Speaker of the edy. any African American, which a unani- House has endorsed this amendment. One of the difficulties, Mr. President, mous Court, including Justice Scalia, This amendment is expected to be of- in considering a matter of this com- said justified the narrow race-based fered to the defense appropriations bill plexity within the confines of a 2-hour remedy, whether the Senator from by Congressman GARY FRANKS, and the time limit is that it does not give near- Texas would agree that that is proper, principal cosponsor is the Speaker of ly enough opportunity to go into depth and that it is not within the confines of the House. What the Speaker of the on these very intricate issues. And I his amendment but in fact would be House is going to do, in addition to think it is worth noting that both the prohibited on the face of his amend- supporting this amendment, is to sup- Speaker of the House of Representa- ment. port other independent programs that tives and the majority leader of the Mr. GRAMM. Mr. President, if I are aimed at doing two things: No. 1, U.S. Senate decided not to take up this might respond, let me say that the case creating more opportunity; No. 2, re- complex question in this session until, that is referred to by our distinguished lentlessly pursuing the civil rights as the Speaker put it, there could be colleague from Pennsylvania has to do laws of the land. But it is clearly incor- other determinations made to help with quotas. My amendment has to do rect, and verifiably so, to say that the women and minority groups in Amer- with set-asides. So they are entirely Speaker of the House does not support ica. different subjects. this approach. In fact, he is a cosponsor The first notice I had of the amend- But let me say that I refer him to of the amendment that will be offered ment by the Senator from Texas was section B on the page where I specifi- by Congressman GARY FRANKS. Con- shortly before he presented it on the cally in my amendment provide a rem- gressman FRANKS and I have joined to- floor. It is a very, very complex mat- edy based on a finding of discrimina- gether on this effort.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10411 One of the distinctions that con- against, the courts have the power, crimination. This debate is sometimes tinues to be made, which is a distinc- under my amendment, to use a specific very difficult, and often very painful. tion that cannot sustain any rational set-aside to remedy it, but they cannot The issue of discrimination is too im- analysis, is an effort to say that some simply argue that they are part of a portant to be grist for the mill of par- people can be given preference without group that is given preference. tisan politics. We must examine the engaging in reverse discrimination What my amendment does is end set- methods of fighting discrimination, but against others. asides. What the amendment of the we should not question the goal of real- This, Mr. President, is falling back Senator from Washington does is cloud izing truly equal opportunity for all into this rhetoric barrage from the the issue by saying that contracts can- Americans. President yesterday where the Presi- not be given to people who are unquali- Affirmative action is one of our most dent gave a wonderful, passionate fied. effective means and best hopes for real- speech against discrimination in Amer- The issue is not that the bidder who izing that goal, and for rooting out bias ica. I could have given 90 percent of gets the contract is unqualified. The based on race and gender. that speech and have felt as passionate issue is when you have a set-aside, the The President said it best: ‘‘When as the President did. But when he got bidder who gets the contract is not done right, affirmative action works. It down to the heart of matter, this necessarily the best qualified. And that contributes to greater diversity in en- mumbo jumbo terminology comes into is a key distinction. That is why one vironments where none existed. It pro- effect. amendment is trying to end set-asides vides opportunity for individuals who And what the President said—and and why the other amendment is a ruse have been denied opportunity through what we have seen touched on here on to protect them, to foster and to con- hatred, exclusivity, and ignorance.’’ two occasions—is the following: I am tinue the unfairness that is imposed on Civil rights is and has always been a for giving some people preference. But the system. bipartisan issue in Congress. The Party I am not against creating—I am not for I reserve the remainder of my time. of Lincoln has produced many stalwart treating anybody else unfairly. I want The PRESIDING OFFICER. Who supporters of strong civil rights legis- yields time? to, in the process—it seems to me that lation: former Senators Everett Dirk- Mr. KENNEDY. Mr. President, civil our colleagues who oppose ending set- sen, Jacob Javits, Lowell Weicker, and rights remains the unfinished business Jack Danforth have led the way in the asides in America are saying—I want of America. We have taken very bold to give these groups preference because steps in recent decades toward racial past, and many of our Republican col- I believe that they deserve it either and gender equality, but discrimina- leagues carry on that distinguished based on past actions in the country or tion in this Nation persists, sometimes tradition today. based on the fact that in the big in very obvious forms, and sometimes, We must continue that bipartisan ef- scheme of things this is not that much in very subtle forms. fort in the ongoing battle against dis- money, but it is not my intention in The recent report of the Labor De- crimination in all its ugly forms. doing that to discriminate against any- partment’s Glass Ceiling Commission If there have been abuses of affirma- body else. highlights the many problems still en- tive action, then we need to review and That basically is what is being said. countered by victims of discrimination address those abuses. Every Federal af- That is a nonsensical statement, Mr. seeking to move up the ladder in firms firmative action program should be re- President, because if we have a con- across America. That study, which reviewed to determine whether it has tract bid and we have the five of us sulted from legislation sponsored by been effective or detrimental. who are here and we all have a bid on Senator DOLE, reported that 97 percent But we must be careful to protect the contract, and if Senator DOMENICI of the top executive positions in For- those programs that have worked and is given the contract because a pref- tune 1500 companies were held by white that continue to work well. erence is given to people from New men, who are just 43 percent of the President Clinton is right to broaden Mexico, when in fact the Senator from work force. set-asides, to oppose quotas, to reject Illinois has submitted the low bid, and According to U.S. Department of preferences for unqualified individuals let us say, to make the case as clear as Labor statistics, black and Hispanic and reverse discrimination, and to end possible, we are all qualified to do the men in 1993 were about half as likely as programs that have been unsuccessful. job, by the very act of giving Senator white men to be employed as managers And he is right to support the con- DOMENICI the contract, anyone who had or professionals and much more likely tinuation of a program that continues a lower bid than he did has been dis- to be employed as operators, fabrica- to make a difference in the lives of criminated against. tors, and laborers. Black and Hispanic those who would otherwise remain on The point is you cannot give pref- women were much more likely than the fringes of society, despite their erence to one group or to one indi- white women to be employed in gen- qualifications, their education, their vidual without discriminating against erally lower paid service occupations. hard work, and their integrity. Those another individual or group. This is the In the Nation’s largest companies, principles are the essence of the Mur- nonsensical position that the President only six-tenths of 1 percent of senior ray amendment, and I urge the Senate has sought to argue. management positions are held by Afri- to approve it. There is only one way to decide who can-Americans, four-tenths of 1 percent Long ago, our forefathers founded ought to get a contract in America, by Hispanic-Americans, three-tenths of this Nation with the fundamental and that way is merit. There is only a percent by Asian-Americans. White promise of equal justice for all. We as one way to fairly decide who gets a job, males make up 43 percent of our work a nation have not yet achieved that who gets a promotion, or who gets a force, but hold 95 percent of these jobs. promise, but we have taken bold steps contract, and that is merit. When you Only 9 percent of American Indians in toward its fulfillment. We must not re- decide it on any other basis, you are in- the work force hold college degrees. treat from that promise. herently unfair and you are inherently These are just a few statistics that Ms. MIKULSKI. Mr. President, I rise discriminating against people who indicate that a level playing field does to oppose the amendment offered by would have won the contest on merit. not exist in the American work force. Senator GRAMM to kill affirmative ac- Once you start doing this, you are Much remains to be done. We will not tion initiatives in Federal contracts, building unfairness into the system. eradicate race and gender bias in the and I support the second degree amend- We need to end set-asides. We need to work force by ignoring it—we must ment offered by my colleague, Senator be relentless in our pursuit of the continue our efforts to increase the MURRAY. equality of opportunity. You cannot participation of individuals who tradi- I oppose the Gramm amendment be- promote fairness by legislating unfair- tionally have been excluded. Only then cause we cannot walk away from the ness. We cannot correct the ills of the can we claim to be a nation of oppor- people in our society who have either country 10 years ago, 20 years ago, 200 tunity. Only then can our diversity been left out or pushed aside. We must years ago or even yesterday by writing truly become our strength. have tools to deal with persistent bias. the same unfairness into the law of the We are now in the midst of a signifi- Mr. President, the second degree land. If someone is discriminated cant debate over how best to fight dis- amendment is very clear. No Federal

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10412 CONGRESSIONAL RECORD — SENATE July 20, 1995 funds can go to any affirmative action Throughout America, growing and est African-Americans in our country. program that results in quotas, in re- pervasive economic insecurity has cre- The barriers are there for a great many verse discrimination or in hiring of un- ated immense anger and anxiety. We’ve people, and surety bonds are a good il- qualified persons. heard it all. Some say that minorities lustration. It makes very clear that affirmative and women are the problem. And so, I introduced a bill last session—I be- action programs must be completely many attack affirmative action. lieve I have introduced it again this consistent with the Supreme Court’s Everyone is afraid of losing their job, session—to say you cannot discrimi- recent Adarand decision. That decision being downsized or being left behind. nate in the issuance of surety bonds. says that affirmative action programs Blacks and whites, men and women Why, you would think a little bill like could be justified. are being pitted against each other— that would have no trouble at all. What The second degree amendment recog- most often for political gain. But, let’s a storm of opposition it got. nizes that the war against discrimina- be clear. Scapegoating takes us no- We have to make opportunity for tion is not won. It still exists today. where. people. Has anyone here ever heard of a And affirmative action is just one Look at how we all benefit from hav- country club that is all white and all tool needed to help win that fight. But, ing an inclusive society where every- male? Well, they are all over the place. other tools are needed too—education, one has the opportunity to achieve and We know it. And that is where a lot of employment, and Federal contracts. compete. Affirmative action has just business gets done. Mr. President, I support enforcing begun the process of opening up the Can affirmative action be abused? Of the law. That means no quotas because competition to everyone. course, it can be abused, like education they are illegal. That means no dis- Between 1982 and 1987, the number of and religion and a lot of other things, crimination because it is illegal—and women-owned businesses rose more but it is sound. totally unacceptable. than 58 percent. Mr. President, affirmative action is We are talking about opportunity. I And now we see more women and mi- heard my friend, Rev. Joseph Lowery, about persistent bias in our system, norities in law enforcement, fire- bias in our government agencies, and from Atlanta, on NPR yesterday. He fighting, skilled construction work, heads the Southern Christian Leader- unfortunately bias in the hearts of and as doctors, and lawyers. But, it’s many people. ship Conference. On affirmative action, not enough. he said those who resist, they push I’m talking about persistent bias Discrimination is still alive and well. against minorities, against women, and somebody outside; you have to stay out My constituents write me repeatedly in the rain all night. Then in the day- against economic empowerment. about discrimination in our Federal What do I mean when I say persistent time you invite them in, and they are Government agencies and right here in standing on the oriental rug and we bias? I mean when people are told our own U.S. Congress. throughout their lives ‘‘no’’ based on say, ‘‘Sorry, we cannot give you any Mr. President, We must provide an business because you are wet.’’ their race, gender, or ethnicity. opportunity ladder. The Gramm When they are told no you can’t go to We have to recognize that there have amendment cuts off that opportunity. been some abuses in our society. that school, no you can’t belong to You don’t have to sacrifice quality that club, no you can’t go to that col- when you pursue equality. Affirmative Let me just give you one example. lege, no you can’t have that job, no you action is not a guarantee for those who Today, the average woman who works can’t have that promotion, no you could not otherwise succeed. It’s sim- makes 72 cents as much as the average can’t have that salary. ply an opportunity to compete. I sup- male. That is not good. But it used to Persistent bias exists. The Supreme port giving everyone that opportunity. be 59 cents. That is progress. I have Court knows it. Statistics show it. And I’m going to fight for equality, fair- seen a lot of progress in our society, every day, someone in the United ness, and a merit-based society, with and if this is adopted, this is just one States feels it. step down the road to knocking out Mr. President, statistics prove that real opportunity structure so that people can make it, and the end of per- other affirmative action. persistent bias exits. The Glass Ceiling We all practice some affirmative ac- report shows the disparity against mi- sistent bias. We have to show people that we are on their side. tion. It is very interesting that in Sen- norities and women. ator GRAMM’s amendment, he accepts Black men with professional degrees Mrs. MURRAY addressed the Chair. The PRESIDING OFFICER. The Sen- that we are going to have affirmative earn 79 percent of what white men action for historically black colleges make with the same degree and in the ator from Washington. Mrs. MURRAY. Mr. President, I ask and universities. I applaud him for tak- same job. ing that step, but what is true for his- The report states that white men unanimous consent to add Senator DODD and Senator FEINSTEIN as cospon- torically black colleges and univer- make up 43 percent of the work force, sities ought to be true for women and but hold 95 percent of the senior man- sors of the amendment. The PRESIDING OFFICER. Without minorities who are in business also. agement positions. What we have to do in our society is And women and minorities who do objection, it is so ordered. make opportunity for people. The make it to the top, make less than Mrs. MURRAY. I yield 5 minutes to amendment offered by our colleague their male counterparts. Why is this the Senator from Illinois [Mr. SIMON]. from Washington moves on some of the the case? Persistent bias. Mr. SIMON. Mr. President and my abuses without saying let us stop doing It’s not just about race, it’s about colleagues, I thank my colleague from this. And make no mistake, if this is gender too. Washington for yielding. I rise in Exactly how far have women come? strong support of her amendment and adopted, there will be other amend- Only 5 percent of senior managers in in opposition to the amendment of the ments in the future. Fortune 2000 industrial and service senior Senator from Texas. When my friend from Texas says, companies are women. Let me give you a very practical ex- well, people can go to court and get Women are over 99.3 percent of dental ample. When I was in the State legisla- this resolved, let us say you are a small hygienists, but are only 10.5 percent of ture, a young African-American con- contractor and you cannot get a surety dentists. Women are 48 percent of all tractor just starting off wanted to do a bond. No. 1, you probably cannot afford journalists, but hold only 6 percent of little bit of curbing work at Scott Air to go to court. No. 2, going to court the top jobs in journalism. And it’s Force Base. He could not get a bond. I sounds like an easy remedy —and I see 1995. went to bat for him. I could not believe I am getting the look from the Pre- Mr. President, with facts and statis- the barriers that were there for this siding Officer here now—but the reality tics like these, the need for affirmative person to get a surety bond so he could is that it is just not a realistic option. action programs is crystal clear. get a construction job. The Gramm amendment should be de- I’m against discrimination. Every- We finally, after screaming and hol- feated. body else says they are too. But the lering, broke through, and he built up The PRESIDING OFFICER. The time problem is that many people don’t a business and eventually moved to At- of the Senator has expired. practice what they preach. lanta and became one of the 10 wealthi- Who yields time?

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10413 Mrs. MURRAY. Mr. President, I yield And I have 16, 20 words. We will fix it be spending under this bill can be used 5 minutes to the Senator from New all up.’’ for the purpose of granting contracts Mexico. My friend from Texas is a great that are awarded in total or in part Mr. DOMENICI. Mr. President, Sen- wordsmith and I have great respect for based on race, color, national origin or ator GRAMM knows that I hold him in him. But I submit to him this is not gender. high respect, but frankly I do not think the way to do business. I will not con- My amendment clearly allows for an this is the way we ought to handle a vince him because he is convinced that outreach program. The Government matter of this importance. Everybody this is a most important issue. And for can spend any amount of money, help- that is speaking tonight in the Cham- that, I admire him. He has always spo- ing people learn how to bid, helping ber obviously is well motivated, but ken his piece. But this is not the way people to get to the site of the bidding, from my standpoint there is an awful to address this issue in the United helping people put together their bid. lot of discussion in the Chamber that States of America on an hour’s notice But, under this amendment, once the ignores reality. on an appropriations bill about the leg- bids are offered, the contract has to go The reality is that the U.S. Supreme islature of the United States and how to the most qualified contractor. The Court, while it said we have to do these we pay for it. And we ought not do it. contract cannot be given to someone things differently, acknowledged that Both amendments ought to be de- on the basis of preference rather than there is discrimination in the United feated. And we ought to pass a legisla- on the basis of merit. The amendment States. I believe there is. I believe we tive appropriations bill tonight. is drafted so as to allow the courts to are doing better. And clearly we are I yield the floor. grant a specific remedy when a person better than we were 100 years ago and Mrs. MURRAY addressed the Chair. is discriminated against. Now let me better than 50 years ago. The PRESIDING OFFICER. The Sen- touch on several other issues that have Mr. President and fellow Senators, ator from Washington. been raised by other speakers before I there is no question that this is an im- Mrs. MURRAY. Let me thank my yield the floor. portant issue—discrimination. And to colleague from New Mexico. And I No. 1, there have been abuses in the come to the floor on an appropriations agree with him we should not be legis- past. No one disagrees with that. No bill, no public hearings that I know of, lating on this appropriations bill. As one could live in America and not un- no committee hearings that I am aware the ranking member on this com- derstand that there have been abuses of, and to suggest that on each appro- mittee, I did not chose this evening and in the past. The point is, by legislating priations bill we are going to tailor this time to have this debate. It was abuses and unfairness in the present some way to get rid of affirmative ac- certainly brought before us by the Sen- and in the future, do we correct the un- tion in the United States, in my opin- ator from Texas. And under that I of- fairness of the past? Do two wrongs ion, is as apt to miss the point as it is fered my amendment to second degree make a right? If two wrongs make a to solve anything. it. I am not afraid to debate this. But right, then the adage we learned as Frankly, in the United States of I agree with you. It should not be done children must be incorrect. America, we cannot rely solely upon on a legislative appropriations bill. Second, a point was made it is dif- the discrimination laws of this land to I thank the Senator. ficult for some contractors to go to bring equity and fairness to Americans. Mr. GRAMM addressed the Chair. court. That is equally true for contrac- In fact, many of us would stand up and The PRESIDING OFFICER. The Sen- tors who are discriminated against by say society is already overburdened by ator from Texas. set-asides. antidiscriminatory legislation and that Mr. GRAMM. I could not disagree The Senator claims to be offering an there ought to be a better way to bring with my colleague more strongly. We amendment as an alternative to mine, some equity into this system. are getting ready to spend billions of which says that programs cannot be Now, I am a staunch proponent of dollars in the first appropriations bill awarded to unqualified persons. The capitalism, but I tell you, to come to of this year. The American people have issue here is not whether the person the floor and say that the capitalist debated this issue. The President of the who gets the contract is qualified, the system will break down if everything is United States spoke at great length on issue is, are they the best qualified? not based on competition and merit, is it yesterday. It has been an element in The fact that the Court said under to ignore reality. the platform of my party for over a Adarand that certain types of quotas There is plenty of rule and regulation quarter of a century. could be allowed under the Constitu- of the capitalist system that sets apart This is an issue which is well under- tion does not mean that the Court said many things that are not based upon stood and it is not complicated. The they have to be used. We are able to set either merit or competition. And the issue here is, should we have con- by law whether we want quotas or not. truth of the matter is we ought to find tracting through the Federal Govern- And I do not want them. We are able to a way to comply with the Supreme ment, in this case through the legisla- set by law whether we want set-asides Court’s decision and do something tive branch of our Government, that or not. And I do not want them. I think about discrimination from the stand- part that we control directly—should merit is the only fair way to decide point of opportunity. Not from the we be letting contracts as a Congress who gets a contract in America. And standpoint of going to court to enforce not on merit but rather on race, color, the fact that the Adarand case said one’s rights. national origin, or gender? that it is constitutional for Congress to And I submit we can find some ways. I say no. The American people say, have very narrowly focused set-asides It certainly is not what we are doing overwhelmingly, no. And if we let these does not mean that the Court said Con- today. And it is not what either of appropriations bills pass without end- gress has to have them. It simply said these amendments will accomplish in ing set-asides, then we are continuing a that it would allow them to stand my opinion. practice that the American people under the Constitution. But no one The Senator from Washington yield- clearly rejected in the 1994 election, questions that we have the right to ed time to me, and I will say to my and that, by huge a majority, the limit them. good friend, I was not for her amend- American people want fixed. Quite frankly, my amendment does ment either. It is too difficult to under- This is not an amendment that was not totally ban set-asides. In the case stand. We ought not be debating it here born out of thin air. This is the amend- where a subcontractor or a contractor at 9:20 with 10 or 15 minutes per speak- ment that has been worked on by can prove that they were discriminated er. This is an important issue, really. many, many people. It is a joint effort against in the past, on the basis of that And perceptionwise, it is a gigantic that I have undertaken with Congress- proof a set-aside could be used to rem- issue. And I do not know why we have man GARY FRANKS in the House. His edy a specific wrong which is proven. to do it this way. I do not know why we cosponsor is NEWT GINGRICH and the The idea that some have argued here have to say to the millions of Ameri- amendment is supported by the entire is that we have a pure system of cap- cans who are worried about discrimina- House leadership. And what the amend- italism that breaks down when there tion, ‘‘It is just plain and simple. There ment says is very, very simple. It says are impurities in it—I make no such is nothing to it. Just come to the floor. that none of the money we are going to argument tonight. America can survive

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10414 CONGRESSIONAL RECORD — SENATE July 20, 1995 set-asides. America has survived Mrs. MURRAY. Will the Senator and a half, with an amendment thrown quotas and set-asides for 25 years. I from Texas yield for a question on his up this evening, that we are going to never cease to be amazed that our sys- time? solve this problem once and for all, I tem overcomes not only the illness but Mr. GRAMM. How much time does think is terribly, terribly shortsighted. the absurd prescription of the doctor. the Senator have? So I urge my colleagues this evening, It survives not only the natural prob- The PRESIDING OFFICER. The Sen- whether you agree philosophically with lems we have, but the problems we im- ator from Texas has 16 minutes, 52 sec- the Senator from Texas or not, this pose on ourselves. But the point is, do onds, and the Senator from Wash- amendment ought to be rejected, and we want to continue to allocate con- ington, 8 minutes, 45 seconds. the people, through this body and the tracts in America, spending the tax- Mr. GRAMM. Mr. President, if the legislative process, can decide what payers’ money, on a discriminatory Senator uses her time up, I will, at best action we ought to take. basis or do we want to demand merit? that point, yield for a question. Mr. President, let me say for my I want to demand merit. The PRESIDING OFFICER. Who part, I happen to think that affirma- Final point. This is not a difficult yields time? tive action in this country has made us issue to understand. And I want to em- Mrs. MURRAY. Mr. President, I yield a stronger, a better, a richer nation, phasize this one more time because I 5 minutes to the Senator from Con- because we have reached out to people. am certain that there will be those necticut. Merely look in your own neighborhoods when the vote is cast who will look at The PRESIDING OFFICER. The Sen- and communities and recognize today the Murray amendment and say, well, I ator from Connecticut. what a better country this is than it voted to fix this problem. But the issue Mr. DODD. Mr. President, I may not was even 2 or 3 decades ago when major here is very simple. Under my amend- take all 5 minutes because I know oth- portions of our population were denied ment we ban set-asides based on race, ers want to be heard as well. public access to basic facilities. color, national origin, or gender, pe- If he had not said it, I think I would We are not talking 100 years ago. We riod. Under the substitute amendment have said it. I want to commend our have come a long way as a people. The which is going to be voted in sequence, colleague from New Mexico this great strength of our country is our di- what it bans is granting an award to an evening for his comments. I will sup- versity, and we need to grope and fig- unqualified person. The issue in set- port the Murray amendment, which is ure out how we can constantly be more asides is not that the person who gets the one distinction, and I do that be- inclusive. That is our strength. It is the contract is unqualified, the issue is cause I think having an alternative is not our weakness. that they are not necessarily the best necessary. Too often when people address this qualified. Is it fair to give a contract to Frankly, as the Senator from Wash- issue, they appeal to the emotions of a qualified person when another person ington and the Senator from New Mex- people. There are people who are trou- is better qualified? If you have two ico have said, we ought not to be con- bled today, worried, frustrated about qualified builders, and one submits a sidering any of these amendments. I jobs and their families and their fu- bid for $100,000 and one submits a bid say, with all due respect to my col- tures, and it is so easy to come along for $200,000, is it OK to give the con- league from Texas, that it was once and to point to some problem as the tract to the one who bids $200,000 sim- said by some sage that for every com- reason for their difficulties and then to ply because they are qualified? plex problem, there is oftentimes of- appeal to those emotions. This is not a The point is, and I am very proud of fered a simple solution, and it is usu- time for that. We need to figure out to- the fact that nobody here has claimed ally wrong. gether, in this body and elsewhere, in that in opposing my amendment, they With all due respect, I suggest to my the private sector and public sector, are doing anything other than sup- friend from Texas that people have de- how we can come together and help ad- porting set-asides, period. That is what bated and discussed and thought about dress this difficulty. the issue is. this issue for a great deal of time on This is not the way to go about this. There is going to be one real vote on how we try and deal with what the Sen- This is not the answer, no matter how one real amendment. If you are against ator from New Mexico has very appro- appealing the language may be. This is set-asides in contracts and you want a priately and properly said, regretfully, not going to help us solve our prob- merit system, then you want to vote deeply so, there is still racism in our lems. It divides us, and that is not for my amendment. If you are not country, there is still discrimination what we ought to be about in the U.S. against set-asides, you want to vote based on gender. Anyone who thinks ‘‘no.’’ If you simply believe that we Senate. We ought to be seeking the otherwise is living on a different planet ought to continue discrimination writ- common ground that the President than I am. That is a fact. talked about the other night and that ten into the law of the land, as long as No one has yet come up with a per- the person who is getting the privilege the Senator from New Mexico ad- fect solution as to how we solve these is qualified, even if they are less quali- dressed in his brief remarks. problems. The Senator from Wash- fied, even if they have a higher bid on The Senator from New Mexico is ington has offered something on which their contract, then you could find the right; this is not the time or the place. I think all of us agree. Maybe we ought Murray amendment acceptable. But There is a place, there is a time, but to this evening support that amend- this is a very clear issue. I think every- this is not the answer to it. So I urge ment, because I hear the debate all the body understands what it is about. my colleagues to reject the amend- Again, when we are spending money time about quotas and reverse dis- ment. is the time that we ought to talk about crimination. Her amendment at least The PRESIDING OFFICER. Who the conditions under which it is going puts us on record on those issues. I yields time? to be spent. If my amendment is adopt- think that is worthy of support. Mr. GRAMM addressed the Chair. ed, every contract that we let through We had the President yesterday give The PRESIDING OFFICER. The Sen- the legislative branch of Government a major speech on this issue. He has ator from Texas. will be done on merit, and the con- been under significant pressure for Mr. GRAMM. Mr. President, let me tractor with the highest quality work some months to come up with some just respond very briefly. I do not and the lowest price will get the con- ideas and solutions on how we might think there is anyone here who argues tract. That is the only fair way to do address the issue of affirmative action. that there is no racism in America or it. The American people support it. It Whether or not you agree with every- that we do not have any discrimination is the American way, and I think it is thing he said in his speech, he has laid today. I think we all know that, thank time we get back to it. out a roadmap, a plan on how we might God, there is not as much as there used I reserve the remainder of my time. deal with these issues. to be, but if there is any, and there The PRESIDING OFFICER. Who I think it is only fitting and proper clearly is, it is too much. yields time? that we in this body at least exercise a The point is, however, that we cannot Mrs. MURRAY addressed the Chair. modicum of the same degree of delib- correct unfairness in America by mak- The PRESIDING OFFICER. The Sen- eration as we look at these issues. To ing unfairness the law of the land. We ator from Washington. suggest in the space of an hour or hour cannot correct injustices of the present

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10415 or the past by legislating injustice in I did not choose this bill. This bill not pursue equality of opportunity by the present to carry us into the future. happens to be the first appropriations legislating bias, by legislating dis- The point is that any time people are bill that came up. But I think the good crimination, by legislating unfairness. judged on the basis of anything but thing about choosing it is we begin by The American way is merit. No other merit, it is unfair. That is our defini- practicing what we preach, because all way is acceptable. It is not an issue tion of discrimination. That is our defi- the other appropriations bills have to about money. It is an issue about prin- nition of prejudice. do with the executive branch of Gov- ciple because it goes to the very heart What we are doing with set-asides is ernment. of who we are as a people and what we legislating discrimination into the law So what I am saying here is that any stand for. of the land, the idea being that if contract let, whether we are doing con- I yield the floor. wrongs have existed, if wrongs exist struction work on the Capitol, or Mrs. MURRAY. I have one quick ad- today, that somehow we can correct whether we are doing work at the Li- ditional question. Would the Senator them by making another wrong the law brary of Congress, or whether we are yield? of the land. I reject that. I think that doing work at the Congressional Re- Mr. GRAMM. How much time re- is faulty logic, and making unfairness search Service, or whether we are mains? the law of the land, it seems to me, building the new dorm for pages—a The PRESIDING OFFICER. The Sen- simply holds the system up as being dorm that I did not even know existed, ator from Texas has 8 minutes 36 seconds. The Senator from Washington corrupt. which is why I always vote against this has 4 minutes. Second, I want to make it clear that bill, because there is always something Mr. GRAMM. I will yield for one last I have not used the term ‘‘affirmative in these legislative appropriations—or question. action’’ once in this debate, and I never has been until this year, and I have Mrs. MURRAY. I just wanted to use the term ‘‘affirmative action.’’ more confidence now than in the past— know if veterans preferences were ac- When Lyndon Johnson chose the term that I do not know about. So what this ceptable to the Senator. ‘‘affirmative action’’ in 1965, it is clear would say is, to give you an example, Mr. GRAMM. A veterans preference to me that he chose it for one and only in the subcontracting or the con- is a preference we have set out in law one reason: Nobody knew what it tracting on the page dorm, that con- as an inducement for people to serve in meant. And it is equally clear that no- tracts have to be let on a merit basis. the military. It is part of the reward body knows what it means today. They cannot be let on the basis of a that they get for service. Any Amer- I have sought to deal with one issue, set-aside, clear and simple. ican can join the military if they can set-asides, the granting of contracts on Mrs. MURRAY. Will the Senator fur- meet the mental and physical require- the basis of something other than ther yield for a question? ments, and in doing so, they know as merit. I make it very clear in the Mr. GRAMM. I will yield for one last part of their package that they not amendment, something that I have question. only get the pay, they not only get the worked on with Members of the House Mrs. MURRAY. I appreciate that be- retirement, but they get a veterans and the Senate and outside groups, cause I wanted to ask the Senator this. preference in terms of public employ- that there is nothing in this amend- Under the legislative branch appropria- ment. ment that prohibits outreach, that pro- tions in fiscal year 1995, the Library of It is perfectly reasonable that our hibits recruitment. Congress awarded five contracts for a Nation has set out a goal of encour- The legislative branch of Govern- total of $10 million that would be af- aging people to join the military, and ment could spend an unlimited amount fected by your amendment. Out of, I many people have taken the oppor- of money trying to get people to bid on believe it is, well over $266 million tunity to serve. In fact, the veterans contracts, trying to help them bid, try- total contracts, only five of those preference now brings diversity to the ing to outreach to them, trying to would be affected by your amendment. Federal Government. It is a preference school them, trying to be of assistance I am curious as to why you are ap- that promotes the very objectives that to them. All of that is perfectly allow- proaching that for such a minute num- our colleagues claim they want. But it able under this amendment. But where ber on this appropriations bill. is an objective that is promoted this amendment draws the line is that Mr. GRAMM. The Senator has said through service. It is an earned benefit. once the contracts are submitted, you that under SBA there are only $8 or $9 That is the distinction. cannot decide who gets the contract on billion of set-asides. But my response is The PRESIDING OFFICER. Who the basis of race, color, national origin, that this is a matter of principle, it is yields time? or gender. You have to decide it on not a matter of money. It is a matter Mrs. MURRAY. I yield 2 minutes to merit. That is the American way of of principle. The principle is, if it were the Senator from Minnesota. doing things. Any other way is inher- one nickel, if it were one penny, do we Mr. WELLSTONE. Thank you, Mr. ently unfair, is inherently discrimina- want to be on record in the greatest de- President. I guess that having 2 min- tory, and it is discrimination written liberative body in the history of the utes really proves the point that Sen- into the law of the land. world, in the greatest democracy that ator DOMENICI from New Mexico made I yield the floor. the world has ever known, saying that earlier with a considerable amount of The PRESIDING OFFICER. Who we want money we expend—in this case eloquence. This is an important, really yields time? on legislative branch activities—spent fundamental issue that goes to the core Mrs. MURRAY. Will the Senator in a discriminatory way? of who we are as a people and a society. yield for a question at this time? So you can argue that there were It really should not be debated tonight Mr. GRAMM. Yes, I will yield. only $10 million of contracts here and on an appropriations bill—the legisla- Mrs. MURRAY. I thank the Senator. $8 billion there, and there may have tive appropriations bill. I wanted to ask the Senator specifi- been some in subcontracts. But the I guess about all I can say in 2 min- cally about his amendment. Obviously, point is not the money. The point is utes is that I wish it was the case when we are dealing with the legislative the principle. This is not a complicated I visit hospitals—now being a grand- branch appropriations here. What pro- issue. This is something we should be father with two small grandchildren— grams funded under legislative appro- doing because the principle is as clear that I could look at a child and feel re- priations are there that concern the as the morning Sun. assured that that child, regardless of Senator and that brought this amend- Should contracts be let on merit? Or gender, or regardless of race, or regard- ment to us at this time? should they be let on a system of pref- less of disability, would have the same Mr. GRAMM. Mr. President, reclaim- erence? In America, do we have com- opportunity. That is called equality of ing my time to respond, we have, petition among individuals? Or do we opportunity. I am the son of a Jewish throughout our appropriations process, have competition among groups? That immigrant from Russia, and I think through Executive order and through is the issue here. It is a very funda- that is one of the most important prin- law, set up a system where routinely mental issue. It is a very simple issue. ciples to me in our country, which is contracts are granted on a nonmerit I want to be relentless in our pursuit why I love our country so much. But, basis. of equality of opportunity, and we can- Mr. President, that is not the case.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10416 CONGRESSIONAL RECORD — SENATE July 20, 1995 I think that we ought to think long tracts—that the letting of those con- Whether it is employment, or con- and hard before we pass an amendment tracts will be on a fair, competitive tracting, or any other federally con- which, I believe, is very extreme, and I basis, where merit will be the deter- ducted program, our Government in believe that its effect—I do not know mining factor. Washington should work to bring its about purpose—turns the clock back a This is not a revolutionary idea. Al- citizens together, not to divide us. Our good many decades. I think it would be though, I guess in a sense it is a revolu- focus should be protecting the rights of a profound mistake for us to support tionary idea. It is the most revolu- individuals, not the rights of certain the Gramm amendment. I think that tionary idea in history. It is the Amer- groups. the Murray/Cohen/Daschle/Moseley- ican idea. It is the American ideal. The amendment offered by my distin- Braun amendment, if we are going to Merit should be the basis of selection guished colleague from Texas is con- have this debate tonight, should and and award. That is what my amend- sistent with the approach embodied in must be the prudent middle ground for ment says. the bill I will be introducing next us. The amendment which is offered, the week. And of course, I look forward to Mr. GRAMM. Mr. President, for 30 alternative, says that you should not working with him as well with all of years we have had unfairness built into give contracts to people who are not my colleagues on both sides of the the law of the land. I am trying to turn qualified, but that begs the question of aisle. the clock forward to the future, where whether someone else was better quali- Rather than the piecemeal approach not only do we have a goal of equal op- fied. Merit is what I seek in this of amending each of the appropriations portunity and merit as a nation, but amendment. If you believe in it, I bills, I would prefer to address this that our laws reflect it. think you should support the amend- very, very important issue more thor- In terms of what we all wish when we ment. If you support set-asides, I be- oughly and as a separate matter—and see our children, I think we all hope for lieve you should vote against my that’s the point of my bill—to serve as them a society where ultimately merit amendment and you should vote for a starting point for this discussion. triumphs. We have heard a lot tonight the amendment of the Senator from This legislation may not be perfect, about problems in America’s past, and Washington [Mrs. MURRAY]. but it is my hope that it can act as the there are a lot of them. But I think, I reserve the balance of my time. basis for a serious, rational, and, yes, Mrs. MURRAY. Mr. President, how also, we have to give ourselves credit. optimistic dialog on one of the most America is the greatest, freest country much time is remaining? The PRESIDING OFFICER. The Sen- contentious issues of our time. in the history of the world. Since our ator from Washington has 2 minutes Of course, our country’s history has colleague brought up looking at his and the Senator from Texas, 3 minutes. many sad chapters—slavery, Jim Crow, grandchildren and thinking about their Mrs. MURRAY. I yield 1 minute to separate but equal. And, of course, dis- future, let me conclude on that remark the Senator from Illinois. crimination persists today. We do not by talking about America in action. Ms. MOSELEY-BRAUN. Thank you live in a color-blind society. I under- My wife’s grandfather came to this very much, Mr. President, and I thank stand this. country as an indentured laborer to the Senator from Washington. I will be But, Mr. President, fighting discrimi- work in the sugarcane fields in Hawaii. very brief. nation should not be an excuse for I do not know whether they let him The Senator from Texas keeps refer- abandoning the color-blind ideal. The vote during that period or not. But ring to two wrongs not making a right. goal of expanding opportunity should they certainly let him work, and he We all know that the first wrong which not be used to divide Americans by worked off that contract. he refers to, the history as well as the race, by gender, or by ethnic back- His son, my wife’s father, became the present experience that we had in this ground. Discrimination is wrong, and first Asian American ever to be an offi- Nation, was discrimination. preferential treatment is wrong, as cer of a sugar company in the history Let me submit to everyone who is lis- well. of Hawaii. Under President Reagan and tening, the second wrong is not affirm- So, Mr. President, our goal should be President Bush, his granddaughter, my ative action. It is not our effort to fix to provide equal opportunity—but not wife, became chairman of the Com- that tragic legacy. The second wrong through quotas, set-asides, and other modity Futures Trading Commission, lies in this amendment in shutting the group preferences that are inimical to where she oversaw the trading of all door, closing down the small efforts, the principles upon which our country commodities and commodity futures, the small steps we have taken, to rem- was founded. including the same sugarcane her edy, to provide for opportunity, to give A relevant civil rights agenda means grandfather came to this country to people a shot, to give people a chance. conscientiously enforcing the anti- harvest so long ago. I say to my colleagues, as someone discrimination laws. It means outreach That is not the story of an extraor- who is both minority and female, I am and recruitment. And it means knock- dinary family. That is the story of a not comforted at the notion that by ing down regulatory barriers to eco- very ordinary family in a very extraor- getting rid of affirmative action any- nomic opportunity, including repeal of dinary country. I want every child born body is doing me a favor. So I encour- the discriminatory Davis-Bacon Act; in this country to have the same oppor- age my colleagues to defeat the amend- enacting school choice programs for tunities that my wife’s grandfather had ment from the Senator from Texas. low income innercity families; and when he came to America. But we are f fighting the scourge of violent crime not going to grant those opportunities that is unquestionably one of the big- UNANIMOUS-CONSENT AGREEMENT by writing unfairness into the law of gest causes of poverty today. the land. We are not going to fix prob- Mr. MACK. Mr. President, I have a This is the agenda upon which lems and unfairness in the past by consent agreement that has been ap- dreams can be built—and it is an agen- writing unfairness into the law. proved on both sides of the aisle on a da that this Congress should be relent- There is only one fair way to decide matter other than this bill. lessly pursuing. who gets a job, who gets a promotion, Mr. DOLE. Mr. President, as some of and who gets a contract. That fair way my colleagues may know, I am in the f is merit, and merit alone. process of preparing legislation that is What my amendment tries to do is go designed to get the Federal Govern- UNANIMOUS-CONSENT REQUEST— back to merit. This is not a sweeping ment out of the business of granting H.R. 1944 amendment. This amendment applies group-preferences. I will be introducing Mr. MACK. Mr. President, I have a to this bill, this year. What this this legislation next week. consent agreement that has been ap- amendment says, very simply, is this, This legislation will stand for a sim- proved on both sides of the aisle on a that in letting contracts—it does not ple proposition—that the Federal Gov- matter other than this bill. apply to contracts that already are in ernment should neither discriminate I ask unanimous consent that fol- existence, but on the contracts that we against, nor grant preferences to, indi- lowing the disposition of the legisla- will enter into through the funds that viduals on the basis of race, color, gen- tive appropriations bill, the Senate we appropriate this year, new con- der, or ethnic background. turn to

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10417 the consideration of H.R. 1944 and it be does anyone believe, that any two peo- So the amendment (No. 1827) was considered under the following agree- ple are born equal. No one believes that withdrawn. ment: the playing field is level. The PRESIDING OFFICER. The vote One amendment in order to be offered If the mother of the Senator from is on amendment No. 1825. by Senators WELLSTONE and MOSELEY- Maine loved him and my mother did The Democratic leader. BRAUN regarding Education Funding/ not love me, no law can ever make us Mr. DASCHLE. Mr. President, I want Job Training and LIHEAP, on which equal. I do not know how much prop- to use just a couple of minutes of my there be a division, and each of the two erty the father of the Senator from leader time to comment on the pending divisions be limited to 1 hour, to be Maine owned when he was born as com- matter prior to the vote. I will be very equally divided in the usual form with pared to any other Member. Society brief. all time being used tonight except for cannot guarantee equality, except in Since the days of the New Deal, our 30 minutes under the control of Sen- one way, and it is what Abraham Lin- Government’s goal has been to expand ator WELLSTONE; and that at 10:20 a.m. coln called a fair chance and an open opportunity, to give more Americans a the managers be recognized to utilize way. There is no legislative remedy to fair chance to succeed, to open doors, 10 minutes for debate to be followed by an unlevel playing field other than lev- not to close them. Senator WELLSTONE to be recognize for eling it in the future so that people can Affirmative action has been a bipar- his 30 minutes of debate, to be followed compete. Because there have been tisan part of that goal for 30 years, by a vote on a motion to table the first wrongs in the past does not justify since the days of the civil rights revo- Wellstone division, and that following making those wrongs the law of the lution. that vote, the majority leader be recog- land in the future. President Johnson issued the Execu- nized to place the bill on the Calendar, I believe that merit does not hold tive order which authorizes programs and if that action is not exercised, the people down. Merit liberates people. of affirmative action. President Nixon Senate then proceed immediately to a I think we are down to a moment of greatly expanded and strengthened vote on a motion to table the second decision. I want to use my final mo- that Executive order 5 years later. For Wellstone division and that following ments in defining what I have offered, more than 30 years, Members of the that vote the majority leader be recog- a very limited amendment that says on Congress, Republicans and Democrats nized to exercise the same right with this bill, this year in the Congress in alike, all supported the policy. respect to placing the bill on the Cal- congressional spending, that we will In 1986, when President Reagan’s ad- endar, and if that action is not utilized provide under this appropriation that visors were urging him to repeal that the Senate proceed immediately to a contracts cannot be let on any basis Executive order, 69 Members of the vote on passage of H.R. 1944. other than merit. Senate, Republicans and Democrats Mr. WELLSTONE. Reserving the Nothing in my amendment limits alike, joined in a letter to the Presi- right to object. outreach, limits recruitment, nothing dent urging that he resist that advice. Ms. MOSELEY-BRAUN. Mr. Presi- in my amendment overturns an exist- In 1991, 4 years ago, the Congress en- dent, I object. ing contract, nothing in my amend- acted the Civil Rights Act of 1991, re- The PRESIDING OFFICER. The ob- ment overturns a court order or pre- versing Supreme Court rulings which jection is heard. vents the court from issuing an order undermined fundamental civil rights— Mrs. MURRAY. Mr. President, how in the future to remedy a specific prob- and part of the bill included the Glass much time is remaining? lem. Ceiling Commission, to study why The PRESIDING OFFICER. One What my amendment seeks to do is women, who are 45 percent of the work minute, 6 seconds. to bring back to America, and in this force are less than 5 percent of top Mrs. MURRAY. I want to thank all of particular bill, legislative branch management in the private sector. my colleagues who have come to the spending, the concept of merit. The al- Just 1 year ago, the full Senate, Re- floor tonight to speak so eloquently for ternative which is offered by the Sen- publicans and Democrats alike, with- equal opportunity. out a single dissenting voice, voted to I yield my remaining time to the ator from Washington simply says that contracts have to go to qualified per- establish a Government-wide goal of 5 Senator from Maine, Senator COHEN. Mr. COHEN. Mr. President, at the sons. That is not the issue, Mr. Presi- percent of contracts for women-owned heart of the amendment of the Senator dent. The issue is not that the person businesses. from Texas is that everything should who gets a discriminatory contract is If affirmative action was needed 9 be decided on merit. That makes the unqualified. The issue is that they are years ago; if a study of women’s work- assumption that we are all starting off not the best qualified candidate. The place role was needed 4 years ago; if a on a level playing field. That makes issue is they did not submit the lowest Government-wide goal for women- the assumption that we all have equal bid or the best value. owned businesses was a good idea 1 opportunity and we are born with that There is only one fair way to decide year ago—then those who now, sud- equal opportunity. who gets a job, who gets promoted, and denly oppose all affirmative action, all That completely ignores what is a re- who gets a contract. That is merit. goals, all efforts to study the makeup ality of our lives—that not everybody That is what I am trying to bring back of our work force, have a responsibility has an equal opportunity, not everyone to this individual appropriation bill. to explain to the American people what has equal access to education, not ev- If you oppose set-asides, and a huge has changed. eryone has the same opportunity to percentage of the American people do, In fact, not much as changed. Our break through various barriers. then I urge Members to vote for my goal is a colorblind society. But identi- There is the assumption that every- amendment and vote against the Mur- fying a goal and reaching it are two thing is decided on merit. If that is the ray amendment. The Murray amend- different things. case, why do we have laws against moment simply precludes giving contracts We have not yet reached that goal, nopolies? Why do we just not say the to people who are not qualified. My and until we do, the amendment of the company that gets the biggest, that amendment requires giving contracts Senate from Texas should be voted provides the most for the least should to people who are the best qualified. down. It is an effort to divide people, prevail in every case? Why do we need That is the test of merit. Not that the not to find common ground. It is a po- to break up monopolies if everything is loser of the competition has no merit; litical effort, and it deserves to fail. to be decided on merit? it is who has the most merit. That is I yield the floor. We have law to prevent that because the issue. VOTE ON AMENDMENT NO. 1825 we understand that not everyone is The PRESIDING OFFICER. Time has The PRESIDING OFFICER. The treated equally in the marketplace. expired. question is on amendment No. 1825. The PRESIDING OFFICER. The Sen- Mrs. MURRAY addressed the Chair. Mr. GRAMM. Mr. President, I ask for ator from Texas has 3 minutes and 20 AMENDMENT NO. 1827 WITHDRAWN the yeas and nays. seconds. The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mr. Mr. GRAMM. Let me begin with the the previous order, amendment No. 1827 DEWINE). Is there a sufficient second? last point. No one has ever argued, nor is withdrawn. There is a sufficient second.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10418 CONGRESSIONAL RECORD — SENATE July 20, 1995 The yeas and nays were ordered. then have the Wellstone-Moseley- [Rollcall Vote No. 318 Leg.] The PRESIDING OFFICER. The Braun amendments and do it all to- YEAS—84 clerk will call the roll. night. We are not going to add any Abraham Feinstein McConnell The assistant legislative clerk called more time in the morning. We have Akaka Ford Mikulski the roll. been trying to put this together for 3 Baucus Frist Moseley-Braun Bennett Glenn Moynihan Mr. LOTT. I announce that the Sen- weeks. I have been here a long time. I Biden Gorton Murkowski ator from Missouri [Mr. ASHCROFT] and have never been so frustrated in my Bingaman Graham Murray the Senator from North Carolina [Mr. life. So if they want to stay here to- Bond Grams Nickles FAIRCLOTH] are necessarily absent. night and keep everybody else here half Boxer Grassley Nunn Bradley Gregg Packwood Mr. FORD. I announce that the Sen- the night, I am prepared to offer the re- Breaux Harkin Pell ator from Hawaii [Mr. INOUYE] is nec- scissions package as an amendment as Brown Hatch Pressler essarily absent. soon as we complete the next vote. If Bryan Hatfield Pryor The PRESIDING OFFICER. Are there Bumpers Heflin Reid they are prepared to enter the agree- Campbell Helms Robb any other Senators in the Chamber ment we thought we had, we are pre- Coats Hollings Rockefeller who desire to vote? pared to do that. So we can think it Cochran Hutchison Roth The result was announced, yeas 36, over during this vote, and I am pre- Cohen Johnston Santorum Conrad Kempthorne Sarbanes nays 61, as follows: pared to offer the amendment right Coverdell Kennedy Shelby [Rollcall Vote No. 317 Leg.] after this vote. Craig Kerrey Simon YEAS—36 Mr. STEVENS addressed the Chair. D’Amato Kerry Simpson The PRESIDING OFFICER. The Sen- Daschle Kohl Snowe Abraham Gorton Lugar DeWine Lautenberg Specter Bennett Gramm Mack ator from Alaska. Dodd Leahy Stevens Brown Grams McCain Mr. STEVENS. I informed the man- Domenici Levin Thomas Burns Grassley McConnell ager of the bill I did have an amend- Dorgan Lieberman Thurmond Byrd Gregg Murkowski Exon Lugar Warner Coats Hatch Nickles ment on OTA. Feingold Mack Wellstone Coverdell Helms Pressler I would call the attention of the Sen- Craig Hollings Shelby ate to the fact that the bill which has NAYS—13 D’Amato Inhofe Smith come to us from the House takes the Burns Inhofe McCain Dole Kempthorne Thomas Byrd Jeffords Smith Exon Kyl Thurmond money for the OTA from the Library of Chafee Kassebaum Thompson Frist Lott Warner Congress, something that I wish to Dole Kyl NAYS—61 avoid. The House voted strongly in the Gramm Lott Chamber on that matter. Akaka Feinstein Moynihan NOT VOTING—3 Baucus Ford I think we have made a mistake, not Murray Ashcroft Faircloth Inouye Biden Glenn Nunn correcting that situation to protect the Bingaman Graham Packwood Library of Congress. But perhaps we So the amendment (No. 1826), as Bond Harkin Pell Boxer Hatfield can do it in conference. modified, was agreed to. Pryor In view of the problems that the ma- Bradley Heflin Reid Mrs. MURRAY. Mr. President, I Breaux Hutchison Robb jority leader just announced, I will not move to reconsider the vote. Bryan Jeffords Rockefeller offer that amendment now, but I want Bumpers Johnston Mr. FORD. I move to lay that motion Roth Campbell Kassebaum the Senate to know I think we are on the table. Santorum Chafee Kennedy making a big mistake to leave this sit- The motion to lay on the table was Cochran Kerrey Sarbanes uation where the House has voted over- Simon agreed to. Cohen Kerry whelmingly to maintain OTA but to Conrad Kohl Simpson Mr. BINGAMAN. When it comes to Daschle Lautenberg Snowe take the money out of the Library of controlling Government spending, DeWine Leahy Specter Congress. And we have not solved that Dodd Levin Stevens nothing stands out in my mind more problem here, in my opinion. I disagree than the $1 billion that the Federal Domenici Lieberman Thompson with the manager of the bill and his so- Dorgan Mikulski Wellstone agencies toss out the window every Feingold Moseley-Braun lution. It is not a solution. The GAO year in energy waste. has informed a lot of Senators here NOT VOTING—3 The Federal Government is our Na- that they can perform the role of OTA, Ashcroft Faircloth Inouye tion’s largest energy waster. This year which in my opinion is ludicrous. But I agencies will spend almost $4 billion to So the amendment (No. 1825) was re- will not offer the amendment at this heat, cool, and power their 500,000 jected. time. buildings. Mrs. MURRAY. Mr. President, I Mrs. MURRAY. Mr. President, I ask move to reconsider the vote. for the yeas and nays. Both the Office of Technology Assess- Mr. FORD. I move to lay that motion The PRESIDING OFFICER. Is there a ment and the Alliance to Save Energy, on the table. sufficient second? a nonprofit group that I chair with The motion to lay on the table was There appears to be a sufficient sec- Senator JEFFORDS, have estimated that agreed to. ond. Federal agencies could save $1 billion Mr. DOLE. Mr. President, before the The yeas and nays were ordered. annually. next vote, as I understand, there will VOTE ON AMENDMENT NO. 1826 To achieve these savings, agencies no more amendments on this bill un- The PRESIDING OFFICER. The just need to buy the same energy sav- less I offer the rescissions package. question is on agreeing to amendment ing technologies—insulation, building Mr. MACK. It is my understanding No. 1826, as modified. The yeas and controls, and energy efficient lighting, that there are no further votes nec- nays have been ordered. The clerk will heating, and air-conditioning—that essary on the legislative appropriations call the roll. have been installed in many private bill, that if we were to—— The legislative clerk called the roll. sector offices and homes. Mrs. MURRAY. Mr. President, I do Mr. LOTT. I announce that the Sen- I know what you may be thinking, believe we will have a vote on the pend- ator from Missouri [Mr. ASHCROFT] and ‘‘Here we go again with another crazy ing question. the Senator from North Carolina [Mr. idea about how we need to give agen- Mr. DOLE. Right. I mean after this FAIRCLOTH] are necessarily absent. cies more money so they can hopefully next one. Mr. FORD. I announce that the Sen- save money sometime in the future.’’ Is there any demand for a rollcall on ator from Hawaii [Mr. INOUYE] is nec- Well you are wrong. Why? Because final passage? essarily absent. there are now businesses, known as en- Mr. MACK. No. It has been cleared on The PRESIDING OFFICER. Are there ergy service companies, that stand both sides. any other Senators in the Chamber ready to upgrade Federal facilities at Mr. DOLE. If we cannot get an agree- who desire to vote? no up-front cost to the Government— ment on the rescissions package, I in- The result was announced—yeas 84, that’s right, at no up-front cost to the tend to offer it as an amendment and nays 13, as follows: Federal Government.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10419 These companies offer what are Senate turn to the consideration of So the amendment (No. 1806) was called energy saving performance con- H.R. 1944 and it be considered under the agreed to. tracts which provide private sector ex- following agreement: So the amendments (No. 1828, 1829, pertise to assess what energy saving One amendment in order to be offered 1830, 1831 and 1832) were agreed to, as technologies are most cost effective, by Senators WELLSTONE and MOSELEY- follows: provide nongovernmental financing to BRAUN regarding education funding, AMENDMENT NO. 1828 make the improvements, install and job training, and low-income energy as- (Purpose: To retain the Capitol Guide maintain the equipment, and guar- sistance, on which there be a division, Service and Special Services Office) antee that energy savings will be and each of the two divisions be lim- On page 27 of the bill, strike all between achieved. ited to 1 hour each, to be equally di- lines 1–25, and insert the following: Agencies pay for the service over vided in the usual form and with all CAPITOL GUIDE SERVICE time using the energy costs they have time being used tonight except for 30 For salaries and expenses of the Capitol saved—if they do not see the saving minutes under the control of Senators Guide Service, $1,628,000, to be disbursed by they do not pay for the service—it’s WELLSTONE and MOSELEY-BRAUN; and the Secretary of the Senate: Provided, That that simple, that’s the guarantee. that at 10:10 a.m. the managers be rec- none of these funds shall be used to employ This type of contract is used every ognized to utilize 20 minutes for debate more than thirty-three individuals: Provided further, That the Capitol Guide Board is au- day in the private sector and State and to be followed by Senators WELLSTONE thorized, during emergencies, to employ not local government facilities. For in- and MOSELEY-BRAUN to be recognized more than two additional individuals for not stance, Honeywell Corp. has entered for their 30 minutes of debate, to be fol- more than one hundred twenty days each, into these energy-saving arrangements lowed by a vote on a motion to table and not more than ten additional individuals with over 1,000 local school districts the first Wellstone division, and that for not more than six months each, for the nationwide, allowing schools to rein- following that vote, the majority lead- Capitol Guide Service. vest $800 million in savings in critical er be recognized to place the bill on the SPECIAL SERVICES OFFICE education resources rather than con- calendar, and if that action is not exer- For salaries and expenses of the Special tinuing to pay for energy waste. cised, the Senate then proceed imme- Services Office, $363,000, to be disbursed by Unfortunately, even though Congress diately to a vote on a motion to table the Secretary of the Senate. first authorized Federal agencies to the second Wellstone division, and that AMENDMENT NO. 1829 take advantage of this innovative busi- following that vote, the majority lead- ness approach in 1986, agencies have (Purpose: To repeal the prohibitions against er be recognized to exercise the same political recommendations relating to Fed- been dragging their heels. right with respect to placing the bill on eral employment, and for other purposes) To help get things moving, the De- the calendar, and if that action is not At the appropriate place, insert the fol- partment of Energy recently prepared utilized, the Senate proceed imme- lowing new section: streamlined procedures to encourage diately to a vote on passage of H.R. SEC. . REPEAL OF PROHIBITIONS AGAINST PO- their use. 1944. LITICAL RECOMMENDATIONS RE- Now is the time for Congress to put The PRESIDING OFFICER. Is there LATING TO FEDERAL EMPLOYMENT. the agencies feet to the fire on finan- objection? (a) IN GENERAL.—(1) Section 3303 of title 5, cial reform of Government energy Without objection, it is so ordered. United States Code, is repealed. waste. Agencies must enter into these (b) TECHNICAL AND CONFORMING AMEND- f MENTS.—(1) The table of sections for chapter partnerships with the private sector. 33 of title 5, United States Code, is amended That’s why, today, I am introducing LEGISLATIVE BRANCH APPRO- by striking out the item relating to section an amendment calling for the agencies PRIATIONS FOR FISCAL YEAR 3303. to reduce Government energy costs by 1996 (2) Section 2302(b)(2) of title 5, United States Code, is amended to read as follows: 5 percent in 1996. I’m also asking that The Senate continued with the con- agencies report back to us by the end ‘‘(2) solicit or consider any recommenda- sideration of the bill. tion or statement, oral or written, with re- of 1996 to ensure that they have actu- Mr. MACK. It is my understanding ally taken action to reduce their en- spect to any individual who requests or is that there has been a request for a re- under consideration for any personnel action ergy costs. corded vote. So I ask for the yeas and unless such recommendation or statement is You know, we are often called upon nays. based on the personal knowledge or records up here to make really hard controver- Mr. FORD. Mr. President, before we of the person furnishing it and consists of— sial decisions that please some and ‘‘(A) an evaluation of the work perform- go to that, I suggest the absence of a anger others. This is a winner for ev- ance, ability, aptitude, or general qualifica- quorum. eryone. If 1,000 local school boards have tions of such individual; or The PRESIDING OFFICER. The examined it and are reaping the sav- ‘‘(B) an evaluation of the character, loy- clerk will call the roll. alty, or suitability of such individual;’’. ings, I say it’s about time we got our The legislative clerk proceeded to Nation’s biggest energy waster on call the roll. AMENDMENT NO. 1830 track too. Mr. DOLE. Mr. President, I ask unan- At the end of Sec. 308(b)(2) insert: With this one, simple reform, we will imous consent that the order for the (c) The amendments made by this section create thousands of job and business quorum call be rescinded. shall take effect only if the Administrative opportunities in every one of our Conference of the United States ceases to The PRESIDING OFFICER. Without States, improve the environment by re- exist prior to the completion and submission objection, it is so ordered. ducing air pollution, and save ourselves of the study to the Board as required by Sec- hundreds of millions of dollars every AMENDMENT NO. 1803 tion 230 of the Congressional Accountability Act of 1995 (2 U.S.C. 1371). year, at no up-front cost to taxpayers. The PRESIDING OFFICER. Without objection, the amendment, No. 1803, as f AMENDMENT NO. 1831 amended, is agreed to. UNANIMOUS CONSENT So the amendment (No. 1803), as (Purpose: To add a general provision) AGREEMENT—H.R. 1944 amended, was agreed to. At the end of the bill, add the following: SEC. . (a) The head of each agency with Mr. HATFIELD. Mr. President, I AMENDMENT NOS. 1806, 1828, 1829, 1830, 1831, AND responsibility for the maintenance and oper- would like to propound a unanimous- 1832 ation of facilities funded under this Act shall consent agreement relating to a rescis- Mr. MACK. Mr. President, I ask take all actions necessary to achieve during sion package that has been here before unanimous consent that the pending fiscal year 1996 a 5-percent reduction in fa- the Senate. I understand that it has Specter amendment and the following cilities energy costs from fiscal year 1995 lev- been agreed to by the parties involved five amendments, which I have sent to els. The head of each such agency shall transmit to the Treasury of the United and the leadership on both sides of the the desk on behalf of Senators DOLE, States the total amount of savings achieved aisle. SIMON, LIEBERMAN, BINGAMAN, and my- under this subsection, and the amount trans- Mr. President, I ask unanimous con- self be considered agreed to, en bloc, mitted shall be used to reduce the deficit. sent that following the disposition of the motions to reconsider be laid upon (b) The head of each agency described in the legislative appropriations bill, the the table, en bloc. subsection (a) shall report to the Congress

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10420 CONGRESSIONAL RECORD — SENATE July 20, 1995 not later than December 31, 1996, on the re- into the water, and if they swim away, The PRESIDING OFFICER. The sults of the actions taken under subsection there are no seals and the others jump clerk will report. (a), together with any recommendations as in. The legislative clerk read as follows: to how to further reduce energy costs and So to speak, an analogy can be drawn The Senator from Minnesota [Mr. energy consumption in the future. Each re- here tonight. We have had the seal test WELLSTONE], for himself and Ms. MOSELEY- port shall specify the agency’s total facili- BRAUN, proposes an amendment numbered ties energy costs and shall identify the re- and it has passed well. I congratulate 1833. ductions achieved and specify the actions my colleagues. that resulted in such reductions. Mr. MACK. Mr. President, I want to Mr. WELLSTONE. Mr. President, I thank the chairman. At least, I think I ask unanimous consent that further AMENDMENT NO. 1832 want to thank the chairman for his re- reading of the amendment be dis- On page 60, line 1, strike all through the marks. I appreciate that and appre- pensed. period on line 17. ciate his assistance as we have begun The PRESIDING OFFICER. Without Mr. MACK. Mr. President, I ask this process. objection, it is so ordered. unanimous consent that the bill be I also want to thank Keith Kennedy On page 38, strike lines 24 and 25 and insert read a third time and the Senate pro- and Larry Harris for the work they the following: ‘‘under this heading in Public ceed immediately to vote on the pas- have done to prepare us and the bill Law 103–333, $204,000 are rescinded: Provided, and to assist as we move forward. And That section 2007(b) (relating to the adminis- sage of the bill with no other inter- trative and travel expenses of the Depart- vening action or debate. again, to Senator MURRAY, it has been ment of Defense) is amended by striking ‘‘re- The PRESIDING OFFICER. Without a pleasure working with the Senator scinded’’ the last place the term appears and objection, it is so ordered. through conference and completing the inserting ‘‘rescinded, and an additional The bill was read a third time. bill. amount of $319,000,000 is rescinded’’: Provided The PRESIDING OFFICER. The bill Mrs. MURRAY. Mr. President, I, too, further, That of the funds made available’’. having been read the third time, the want to thank the appropriations Beginning on page 34, strike line 24 and all question is, shall the bill pass? chair, as well as the ranking member, that follows through page 35, line 10, and in- So the bill (H.R. 1854), as amended, Senator BYRD, who have been very sert the following: ‘‘Public Law 103–333, helpful in this process, and in par- $1,125,254,000 are rescinded, including was passed. $10,000,000 for necessary expenses of con- Mrs. MURRAY. Mr. President, I ticular to thank the Senator from struction, rehabilitation, and acquisition of move to reconsider the vote. Florida, Senator MACK, for a job well new Job Corps centers, $2,500,000 for the Mr. MACK. I move to lay that mo- done. School-to-Work Opportunities Act, $4,293,000 tion on the table. We have not agreed on every part, for section 401 of the Job Training Partner- The motion to lay on the table was but he has been wonderful to work with ship Act, $5,743,000 for section 402 of such agreed to. and I appreciate his willingness to step Act, $3,861,000 for service delivery areas Mr. HATFIELD. Mr. President, I will down and go through this with me. I under section 101(a)(4)(A)(iii) of such Act, take this opportunity to congratulate thank him, and Jim English, who $100,010,000 for carrying out title II, part C of worked with me. such Act, $2,223,000 for the National Commis- the managers of the first appropria- sion for Employment Policy and $500,000 for tions bill to come to the floor, Senator I appreciate the opportunity to work the National Occupational Information Co- MACK of Florida and Senator MURRAY with you on my first bill, Senator. ordinating Committee: Provided, That of of Washington State. We started them f such $1,125,254,000, not more than $43,000,000 off here on the trail to sort of get a feel may be rescinded from amounts made avail- UNANIMOUS-CONSENT able to carry out part A of title II of the Job of the body in terms of acting on these AGREEMENT—S. 1817 appropriations measures. They have Training Partnership Act, not more than not only demonstrated the skill in put- Mr. MACK. Mr. President, I ask $35,600,000 may be rescinded from amounts unanimous consent that at 9 a.m. on made available to carry out title III of the ting the bill together in the committee Job Training Partnership Act, and no por- framework, but certainly here man- Friday the Senate begin consideration of H.R. 1817, the Military Construction tion may be rescinded from funds made aging on the floor. available to carry out section 738 of the Mr. President, this is a very tough Appropriations bill. Stewart B. McKinney Homeless Assistance year for the Appropriations Com- The PRESIDING OFFICER. Without Act: Provided further, That service delivery mittee. It is a tough year for all Mem- objection, it is so ordered. areas may’’. bers, but especially the Appropriations f On page 41, strike lines 6 through 11 and in- Committee, because in effect we are sert the following: EMERGENCY SUPPLEMENTAL AP- ‘‘Public Law 103–333, $91,959,000 are rescinded playing the implementer, the morti- PROPRIATIONS FOR ADDITIONAL as follows: From the Elementary and Sec- cian, the executioner, and many other DISASTER ASSISTANCE, FOR ondary Education Act, title II–B, $29,000,000, roles in terms of the budget resolution ANTI-TERRORISM INITIATIVES, title V–C, $16,000,000, title IX–B, $3,000,000, and all the other various forces that FOR ASSISTANCE IN THE RECOV- title X–D, $1,500,000, title X–G, $1,185,000, sec- are forcing Members to face up to some ERY FROM THE TRAGEDY THAT tion 10602, $1,399,000, and title XIII–A,’’. of these fiscal problems. OCCURRED AT OKLAHOMA CITY, Beginning on page 43, strike line 25 and all that follows through page 44, line 2, and in- I hope that at an appropriate time we AND RESCISSIONS ACT, 1995 reconsider an action that would permit sert the following: ‘‘Public Law 103–333, The PRESIDING OFFICER. The $13,425,000 are rescinded as follows: From the legislation on appropriations, because clerk will report. Elementary and Secondary Education Act, this type of legislation attracts all The assistant legislative read as fol- title III–B, $5,000,000, title’’. kinds of policy issues. It should not be lows: On page 107, line 21, (relating to the admin- on this bill or on any other appropria- istrative and travel expenses of the Depart- A bill (H.R. 1944) making emergency sup- ment of Defense) strike $50,000,000’’ and in- tions bill. We must resist that effort on plemental appropriations for additional dis- sert ‘‘$382,342,000’’. the floor and on the part of the com- aster assistance, for antiterrorism initia- mittee. Since we found the test case, tives, for assistance in the recovery from the Ms. MOSELEY-BRAUN. Mr. Presi- we will bring some more appropriations tragedy that occurred at Oklahoma City, and dent, I thank Senator WELLSTONE for bills. But I want to thank these man- making rescissions for the fiscal year ending starting this ball and getting this issue agers. September 30, 1995, and for other purposes. and debate going. I have one further point to make, and The Senate resumed consideration of Frankly, in spite of the fact that I that is when I visited Antarctica and the bill. know there are a number of people who was introduced to the culture of pen- AMENDMENT NO. 1883 are concerned about this particular guins, and one of the things about the (Purpose: To strike certain rescissions, and legislation and where it is going, I culture was that there are seals, giants to provide an offset) think it is absolutely regrettable that seals under the ice. The penguins go Mr. WELLSTONE. Mr. President, I we are just taking up as important an along the edge of the ice looking into send an amendment to the desk on be- issue as this at 10:55 p.m. on a Thurs- the water to see if there are any seals half of myself and Senator MOSELEY- day night following a major debate there, and they are not certain by their BRAUN and ask for its immediate con- around the legislative appropriations vision. So pretty soon they nudge one sideration. bill.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10421 The rescission issue has been held rifice from the most vulnerable popu- program was terminated altogether in somewhat in limbo for the last couple lations in our country than ought to be this legislation. of weeks, in large part because Senator the case in any rescission package or, Safe and Drug-Free Schools and Com- WELLSTONE and I both argued and frankly, in this budget. munities—that was cut by $15 million. agreed and suggested to our colleagues In fact, by one analysis by the Center Again, youngsters who have difficulty that the issues raised, the substantive on Budget and Policy Priorities, it was going to school for fear of being shot issues raised in the rescissions action found after analyzing the numbers and by the drug dealers, that kind of a cut was too important to be let go in what how the cuts weigh in, the center found is a major impediment to their edu- Senator WELLSTONE called in a stealth that some 62 percent of the cuts in this cation. manner. rescissions bill would come from dis- Education technology, another $17 Forgive me, Mr. President, it is late, cretionary programs to serve low- and million cut. You talk education tech- and I think we are all a little bleary- moderate-income individuals, even nology, it is clear what that is; the eyed, but the fact is we are now taking though that group of Americans rep- whole idea we are going into this infor- up, in fact, in stealth fashion, and lim- resent only 12 percent of discretionary mation age without allowing our iting debate, on what I think is a very spending overall. youngsters to get adequately prepared. vitally important issue that should That sounds kind of technical, 62 per- Eisenhower Professional Develop- have had the kind of debate around pri- cent for low- and moderate-income in- ment, to help teachers be better teach- orities and around the import and the dividuals. But the cuts that this bill ers. Again, another set of cuts. This significance of the rescissions legisla- would have us undertake come in areas one, Eisenhower Professional Develop- tion in the context of where we are that, frankly, again, I just, for one, not ment, was cut by $69 million. Again, I going with the budget. only personally cannot accept, but that think that is inappropriate. I was actually kind of delighted to I believe would be inappropriate for us Then we get to the really difficult hear Senator HATFIELD’s description of to accept as our first step on this glide- cuts. I say really difficult only because the seal test, because if anything, in path. If anything, our priorities ought it hits people who are probably more in terms of a seal test, this rescission leg- to reflect shared sacrifice. We are need than just about any other group: islation, I think, indicated the first going to have to all step up to the plate Homeless veterans jobs training. The step that we are taking as a legislative as Americans and make some sacrifice homeless veterans job training pro- body in responding to the desperate in order to get our fiscal house in gram was cut by $5 million. How we need—and I think it is a desperate order. We are all going to have to make can cut something for homeless vet- need—to get our fiscal house in order. a contribution to resolving budget defi- erans, in terms of job training, is a Last year, Mr. President, I cospon- cits and to getting us on a glidepath, if mystery to me. Yet that was a decision sored the balanced budget amendment, you will, to budget balance, at least a that was made as part of this rescis- because I believed that if we were seri- glidepath that is opposite to the trends sions compromise. ous about our future, if we were serious that we have taken, that we are taking about not handing to the next genera- right now. Displaced worker training. With all tion a legacy of debt, if we were serious I served as a member of the Presi- the base closings and all the disloca- about reducing Federal deficits and dent’s Bipartisan Commission on Enti- tions in our economy with job taking the steps necessary to achieve tlements and Tax Reform. There was downsizing and the like, again, to cut balance, to get on the glidepath to a no question, if there is one message out displaced worker training by $67 mil- balanced budget and not bankrupting of the entire hearings and the informa- lion seemed to me to be inappropriate. the country by the turn of the century, tion that we looked at in terms of the Adult job training was cut, JTPA if we were going to do that, we ought budget, it was that current trends, adult job training, cut by $58 million. to move in the direction of trying to budget trends are unsustainable and JTPA youth training cut by $272 mil- achieve budget balance. that we had to change the way that we lion. Again, in communities particu- The good news, Mr. President, is that do business. That is one of the reasons larly where there is less than—and this time the Senate, in the budget why this rescissions bill is so impor- there are communities in this country, that has been adopted, did achieve tant and that is why I believed, and Mr. President, and I am sure you are budget balance, or headed in the direc- still believe, that it was so critically aware of them—in which there is about tion of budget balance, or put us on the necessary to have the debate in the 1 percent—in fact I will be specific. In glidepath in that direction. The bad sunshine, to have the debate in the a community in the city of Chicago, in news, in my opinion, it did it in a way daytime, to allow people to know what my State of Illinois, 1 percent private that speaks very poorly of priorities it was that we were talking about, employment, 1 percent. That is eco- and speaks very poorly of the alloca- what was at stake and what were the nomic meltdown. If we do not under- tion of contribution by various sectors issues. take some steps to provide for job of our population. In the first instance, among the cuts training and job readiness for people If anything, the problem with the rein this bill that are sought to be re- who live in communities with 1 percent scissions bill, and I point out to those stored by the Wellstone/Moseley-Braun private employment in them we are night owls who are listening and who division, and it is a division because setting ourselves up for a black hole to get sometimes turned off by the more the amendment is in two parts, among develop in our social fabric from which technical language that we use, a re- the restorations are a program that I we may never recover. Again, those scissions bill is taking back. It is a have worked on, education infrastruc- cuts, it seems to me, are inappropriate. take-back. ture, to help rebuild some of the dilapi- And as the seal test, as that first step It is the first step. It takes back dated schools around this country, on the glidepath, seems to me to be the money that was appropriated last year schools that are falling apart. I do not absolute wrong place for us to go. and says OK, we are not going to do think it is a secret, at this point, given Interestingly, this amendment calls that after all. We are going to rescind, the discussion about the condition of for an offset. Because we are all talk- we are going to turn that around, and American schools, our schools are falling about, ‘‘Can we pay for these then we are going to go forward. So in ing apart. They are not equipped to things?’’ The offset which would pay that regard the take-back bill from prepare our youngsters for the 21st cen- for these restorations, which the last year’s appropriations effort in the tury. We do not have the infrastructure Wellstone/Moseley-Braun amendment context of this session is the seal test, in them even to make them computer suggests, comes from the administra- in some ways, that the Senator from ready, if you will. In many instances, tion and travel budget of the Depart- Oregon referred to. It is the first step the electricity is not there. ment of Defense. According to the Gen- that we take on the glidepath toward a So we are really, I think, missing the eral Accounting Office, the DOD has balanced budget. boat and really shortchanging our chil- that money and money to spare when Unfortunately, the seal test and the dren by refusing to even take some it comes to administration and travel. first step that is taken by this rescis- small steps toward getting our schools Certainly, the absorption of these costs sions bill, I believe, calls for more sac- in better shape. But that was cut. That would not be something that would

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That is what we were WELLSTONE and I put together—again I 62 percent of the cuts in this bill seems sent here to do. hope he will be able to talk about in to me to take a wrong step, in the Again, to the extent that my col- the sunshine—would have gone a long wrong direction, in the wrong way. leagues had concern that the holding way to restoring our capacity to re- So we thought it appropriate and be- up of this legislation would have un- spond to some of the most vulnerable lieve it appropriate to have a chance to told effects, I am optimistic that those populations and respond to people who talk at length about these issues. effects will not be untold and that we are least able to take the impact of the While we will get to talk about it for will be able to go forward, and hope- cuts of this rescission legislation. half an hour tomorrow morning, and fully we will pass the Wellstone/ The second part, the second division we will be able to pass the issue, there Moseley-Braun amendment. I am not of the amendment has to do with the are other parts of this legislation of unrealistic about that. But I would en- Low Income Home Energy Assistant the rescissions bill that are problem- courage my colleagues to take a look Program, LIHEAP. Mr. President, I atic. There are some environmental at the amendment, a serious look at know you probably noticed in the issues that are problematic. the amendment, recognizing that we newspapers, in the city of Chicago in But, again, we all know that part of have to have deep and painful cuts in this last couple of weeks we had a heat the legislative process is that things some regards. wave that left almost 300 people dead. that you do not like often get wrapped Mr. President, 300 people died because up in things that you do like. In fact, But the question I put to every Mem- they could not physically tolerate the one of my colleagues a few moments ber as you take up the issue of how to heat that came into the city. Chicago, ago used an expression that I have vote on this amendment to the rescis- IL, does not have a cooling assistance liked to use over the years. The expressions bill is whether or not low-income program under LIHEAP, although sion is that those who love the law and individuals should have to suffer 62 per- those things are allowed. It does not who love sausages should not watch ei- cent of that pain. I do not think they have a cooling assistance program but ther of them being made. Quite frank- do. And I hope that is not the signal it does have heating assistance. It is ly, this legislation, I think, fits into and the message that gets sent by this one thing about the city of Chicago, that category very well because it has body tomorrow when we take this issue and the State really, but as beautiful a combination of some palatable initia- up to vote. as it is, it is known for some extremes tives such as California and Oklahoma I thank the Chair. I yield the floor. of temperature. It can go from having City, and then an awful lot that would SUBSTITUTE SALVAGE PROGRAM 300 people die because there is no as- just make you, in my opinion, gag on sistance and they are too poor to move what has happened here. Mrs. MURRAY. Mr. President, I rise to the nearby hotel into an air-condi- Quite frankly, I think that the issue today to voice my serious concerns tioned room, but at the same time, that is on fire is the one that we really about H.R. 1944, the fiscal year 1995 re- come winter, when the temperatures do need to engage, an entire legislative scissions bill. I’ll get right to the point: fall to below zero, it is just as likely body with everybody participating and this is a bad bill. Its relevance to the that in the absence of LIHEAP, in the talking about—the direction that our budget process in Washington, DC, is absence of heating assistance for poor country will take as we try to achieve minimal, and its relevance to the people, we will see the same kind of budget balance and integrity in the American people is marginal. loss of life and the same kind of attend- way we handle these fiscal year issues. This bill cuts $16 billion from the ant tragedy. Quite frankly, one of the things peo- Federal budget. We recently passed a That is a preventable tragedy and it ple ask me very often is, ‘‘What do you resolution that cut over $1 trillion; has been prevented over time by the like about being in the Senate?’’ And I what’s the logic in even debating this Low Income Home Energy Assistance tell them that I cannot imagine—I am bill? We have only a few days left in Program. It is a program that provided sure the Presiding Officer will relate to the fiscal year, and yet we are pro- energy assistance for heating and cool- this—I cannot imagine a more exciting posing to go back and cut already-ap- ing to economically disadvantaged in- time to serve in the U.S. Senate or to propriated funds for virtually no good dividuals, particularly senior citizens, serve in policymaking, the policy of a policy reason. This bill cuts commit- particularly the elderly, in all 50 legislative body of our Government, ments and goes back on promises made States. The LIHEAP program was cut precisely because so many of the issues by this Senate less than 1 year ago. by $319 million in this rescissions pack- that have been around for a long time, This bill has another problem. I be- age and I daresay, given the need for as well as issues that are new to our lieve the language about timber sal- the assistance, particularly for senior time, are now facing us four square and vage included in the bill by my col- citizens, given the vulnerability of calling on us for resolution, calling on league, the senior Senator from Wash- these populations to die when the tem- us to express an opinion; issues that 5 ington, will backfire. I believe it will perature gets over 100 degrees or die years ago did not get talked about. I hurt—not help—timber communities when it gets under 32, it was inappro- mean, when they were building up huge and workers in the Northwest. priate for us to take that kind of cut, budget deficits nobody really talked inappropriate for us to head on this about it. What should be our foreign Mr. President, this timber salvage glidepath, calling on them to make a policy? You had a Soviet Union. It was authorizing language is designed to ac- sacrifice that, unfortunately, in all too pretty clear-cut. Now we have to con- complish three things: respond to a many instances, could well be the su- struct something. timber salvage problem resulting from preme sacrifice. What is going to be the direction in last year’s forest fires and recent in- So that is what this amendment is terms of diversity? We just had the sect infestations; speed the rate of tim- about. I know we have 30 minutes to- vote on affirmative action. What kind ber sales under the President’s forest morrow to debate this issue. I know, of economy are we going to have in the plan, option 9; and release a few timber also, there are other things about this future? All of these issues and a host sales remaining from legislation passed legislation that encourage my col- more that I know I could stand here by Congress 4 years ago. leagues to want to move it quickly. probably the rest of the night to talk These are goals with which I agree. As I stated from the beginning of this about, all of these issues are before us My problem is with the method. I be- debate, I was never interested, no one now. lieve the language contained in this was interested in holding up relief for So when it comes to specifically the bill will cause a blizzard of lawsuits, California or relief for Oklahoma City, issue of budget priorities, now is the cause political turmoil within the and those are parts of this rescissions time for us to take up that debate and Northwest, and take us right back to legislation. So no one has been inter- not to handle it willy-nilly. Let us get where we were 4 years ago.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10423 Our region has been at the center of take it. Instead, it recklessly goes too The president said it’s wrong to cut edu- a war over trees fought in the court- far, too fast. cation programs but to fund members of rooms and Congress for almost a dec- Attaching a major harvesting amend- Congress’ pet pork-barrel projects such as ade. We have a history of waiving envi- ment to an appropriations bill like roads. The bill cut $16.4 billion from previously approved social programs. ronmental laws to try and solve timber this—worked out at the last minute, ‘‘We must recognize that the only deficit problems; that strategy has not behind closed doors—is no way to make in this country is not the budget deficit. worked. good public policy. Instead, the timber There’s a deficit in this country in the num- In fact, that strategy has made the language should be developed through ber of drug-free children. There’s a deficit situation worse. Until 1993, the Forest the normal authorizing process. The . . . in the number of safe schools. There’s an Service was paralyzed by lawsuits, the Senator from Idaho [Mr. CRAIG], has a education deficit,’’ he said in wielding the courts were managing the forests, and bill pending in his committee that pen for his first veto. public discourse in the region was would establish a forest health pro- It took perhaps even more courage for the president to set himself up for cheap-shot dominated by acrimony. The language gram. There have been some hearings charges by Northwest Republican lawmakers in this bill will reopen those old on that bill, and I have already stated that he is anti-job because he insists that wounds. Mr. President, I strongly be- my interest in working with him on his the nation’s forests be harvested under rule lieve that would not be in the best in- bill. of law. But there are sure to be further at- terest of the region. Mr. President, there have been nu- tempts to circumvent proper practices, and During floor consideration of this bill merous editorials and articles written Clinton should stand tall against them. last spring, I offered an amendment about this provision, most of which The bill, using poorly defined criteria, that would have taken a more mod- have urged the President and the Con- would have given the timber industry three erate approach to salvage operations. penalty-free years to remove ‘‘damaged’’ gress to reject these sweeping changes. trees that pose a fire threat. The trees would My amendment was narrowly defeated In addition, recent statistics on em- have been removed without the benefit of the 46–48. I respect the will of the Senate in ployment and growth rates within the standard environmental safeguards that are that regard. However, when the rescis- timber industry indicate the picture of meant to protect salmon streams and water- sions bill reached the President’s desk, the industry is not as bleak as some sheds, and citizens would have been legally he vetoed it, citing among other things have predicted. I ask unanimous con- barred from filing suit to object to any viola- problems with the timber language. sent to insert some of these materials tion of environmentally sound harvesting no matter how gross. Mr. President, I learned before the in the RECORD at the conclusion of my July recess that a deal was being The salvage program must get under way, statement. and Congress is perfectly capable of passing worked out on this issue. Despite my The PRESIDING OFFICER. Without legislation that provides for responsible re- obvious interest in and concern about objection, it is so ordered. moval of trees that pose a fire hazard with- the salvage issue, I was not involved in (See exhibit 1.) out abandong environmental safeguards. the negotiations. I was not consulted Mrs. MURRAY. In summary, I be- But by sending the White House an irre- during the process. Had I been, I would lieve this is the wrong bill at the wrong sponsible proposal for timber salvage, Con- have been more than willing to work time. The Senate has passed its own gress has thrown away valuable time and out a compromise in good faith. Unfor- balanced budget resolution, and re- risked further fire losses in the Northwest tunately, that did not happen. I have cently passed the conference report. woods. Members of this state’s delegation should reviewed the language, and frankly, I The cuts in this rescissions bill are pal- have insisted on using their time to prepare still have very serious concerns. try by comparison. And the timber sal- an acceptable plan for this summer’s fire The language in the bill before us is vage provisions go too far without ade- season rather than in devising a political almost exactly the same as was con- quate safeguards and public participa- booby-trap for the president. tained in the conference report vetoed tion. by the President, with three minor I urge my colleagues to oppose this LOGGING BILL FLAWED changes. While these changes may add unnecessary, harmful bill. A case can be made for salvage logging of flexibility, the fundamental problems EXHIBIT 1 some federal forest lands that have a dan- in the bill remain: it rolls over current gerous accumulation of dead or diseased laws governing land management, and WESTERN STATES GAIN 14,251 IN TIMBER JOBS— trees that pose a fire hazard. it cuts the public completely out of the JANUARY 1993—SPRING 1995 But a case cannot be made for the sweeping salvage-logging proposal now under con- process. Therefore, I cannot support it. [In thousands] sideration in Congress that sets aside envi- Mr. President, there is a legitimate Timber related jobs ronmental safeguards and promises to raid salvage issue right now throughout the the treasury for the benefit of private timber States West. Last year’s fire season was one of January December April/May companies. the worst ever. There are hundreds of 1993 1994 1995 The overly broad language of the bill ren- thousands of acres with burned trees Utah ...... 3,863 5.131 ...... ders it unacceptable; more important, exist- rotting where they burned. I believe Washington ...... 51,700 ...... 54,700 ing law makes it unnecessary. Oregon ...... 61,200 ...... 61,600 The bill arbitrarily mandates a doubling of that many of these trees can and New Mexico ...... 2,100 2,100 ...... Colorado ...... 10,400 ...... 12,100 the amount of timber to be felled over the should be salvaged and put to good Arizona ...... 6,400 ...... 8,500 next two years from federal lands, whether public use. Idaho ...... 16,017 ...... 16,500 California ...... 84,400 ...... 90,600 or not that much timber needs to be I believe there is a right way and a Montana ...... 8,000 ...... 7,100 salvaged, and thus opens the door for a give- wrong way to salvage damaged timber away of public property. on Federal lands. The wrong way is to Totals ...... 244,080 7,231 251,100 That’s because it cleverly stipulates that no so-called ‘‘health management activities’’ short-cut environmental checks and These figures are based on the most cur- directed by the legislation shall be precluded balances. The wrong way is to cut peo- rent data available from state economists. simply because they cost more than the rev- ple out of the process. The wrong way The numbers represent job losses or gains in enues derived from sale of the salvaged tim- is to invite a mountain of lawsuits. the lumber, wood manufacturing, paper and ber. allied industries. The right way is to expedite compli- And the bill says that any environmental The net gain in timber jobs since the 1992 ance with the law. The right way is to review, however cursory it may be, ‘‘shall be elections for these eight western states is ensure that agencies work together and deemed to have satisfied the law.’’ 14,251 jobs. There is no need for salvage suffi- make correct decisions quickly. The Sponsors wrongly imply that the bill is ciency language. right way is to let people participate in needed to permit the Forest Service to conduct salvage logging. But Sierra Club attor- the process—so they don’t clog up the [From the Seattle Post-Intelligencer, June ney Todd True notes, ‘‘Existing law already courts later. My amendment, and my 1995] approach to the negotiations, would gives the agency authority’’ for whatever CLINTON’S VETO THE RIGHT ACTION salvage logging it deems necessary due to have focused on these points. President Clinton has done the right thing threat of fire and insect infestations. Mr. President, there is a reasonable, in vetoing a bill that made the wrong cuts in Last summer’s huge, costly fires in East- responsible approach to ensuring sal- the budget and left too much leeway for ern Washington forests provided clear evi- vage operations move forward. Unfor- cheating in salvage timber sales in the dence of the folly of the Forest Service’s past tunately, the bill before us doesn’t Northwest. policy of suppressing natural wildfires. It

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10424 CONGRESSIONAL RECORD — SENATE July 20, 1995 bears noting that the agency followed that mous amount of dead and dying timber in dying trees, without severely damaging the practice partly to protect adjoining commer- the forest that will otherwise go to waste— forests. But this measure is especially trou- cial timberlands. and the new majority in Congress agrees. bling because it tosses aside most environ- If Congress doesn’t gut the Forest Serv- But the riders don’t stop there. To make mental considerations the Forest Service ice’s budget for environmental impact stud- sure that no obstacles in the form of con- usually weighs before deciding how much ies, those important reviews can be done in servation laws, environmental groups and logging to allow. a timely manner and permit defensible sal- courts can stand in the way, they also take When the rescissions bill lands on Clinton’s vage-logging operations. the extraordinary step of suspending for the desk, the President should veto it because of purpose of this ‘‘salvage timber sale’’ the en- the timber and other environmental provi- [From the Los Angeles Times, June 22, 1995] tire array of federal forest management and sions. When Congress votes whether to over- THE LOGGER’S AX: NO WILD SWINGS—CLINTON environmental statutes that might other- ride the veto, Campbell this time should side SHOULD HOLD FIRM AGAINST AMENDMENT wise apply. Timbering undertaken under with common sense instead of letting his THAT THREATENS FORESTS terms of the riders ‘‘shall be deemed to sat- new partisan allies dictate his behavior. In the early days of his presidency, Bill isfy’’ such laws no matter what their requirements, the riders say. The House Clinton productively approached the volatile SHIFT IN U.S. TIMBER POLICY PUTS FORESTS, version also seeks to overcome any existing issue of forest management by breaking with FISH AND WILDLIFE AT RISK—CONGRESS court orders that might interfere with the the tired ‘‘jobs versus owls’’ rhetoric of past MOVES TOO FAST, WITH TOO LITTLE THOUGHT years. Through his 1993 Forest Summit he sale; it says the sale can be conducted de- The pendulum in the nation’s timber pol- showed he understood both the need to pre- spite them. The industry says the reason for all this is icy is swinging too fast and too wide. serve dwindling federal forests and the pain- not just that it wants to increase the cut and The public has become accustomed—dazed ful dislocations that new limits on logging has a receptive Congress but that an emer- may be the correct term—to the daily head- would cause. He led by talking with all sides gency exists in the forests. Because they are lines of sharply revised public policy on wel- and instituting programs to retrain dis- so overgrown, there’s a greatly increased fare, immigration, food programs and more. placed workers. But now, locked in battle danger of fire, and their health has declined with congressional Republicans, Clinton But the sudden shift in federal timber pol- in other ways that a stepped-up salvage oper- seems to be in danger of abandoning that icy is more than even the most blase citizen ation will help to cure—so say the sup- principled approach. may be able to accept. Last month he rightly vetoed a congres- porters. They add that without suspension of The U.S. Senate Appropriations Com- sional recisions bill that was loaded with the laws, environmental groups will go to mittee has followed the House’s lead in open- special-interest riders. One of them, the de- court and block the necessary actions. ing big areas of our national forests to har- Opponents of the riders, including the ad- ceptive ‘‘Emergency Two-Year Salvage Tim- vesting without the normal regulations to ministration, say the necessary salvage cut- ber Sale Program,’’ in essence would have or- protect fish, wildlife and the environment ting can go on without suspension of the dered the U.S. Forest Service to sell as much and without allowing the public to bring laws—a lot of salvage cutting occurs every as 3.2 billion board feet of ‘‘salvage’’ timber legal challenges. year already—and that suspension would from national forests. It would have allowed The committee-passed proposal directs the only be a license to log where otherwise the logging of trees killed by windstorms, fire, forest service to set aside existing environ- companies could not, in ways that would insects or disease and permitted selective mental laws. Although the original intent of leave the forests less healthy, not more. the legislation was to speed up the salvage of thinning of forests to control forest fires. The opponents make the more plausible dead and dying timber, this measure may go The legislation, pushed hard by timber com- case. This is grabby legislation. If there is a beyond that. It gives sole discretion to the panies, also would have forced the Forest genuine need to increase salvage and other Forest Service to harvest wherever it wants. Service to sell twice as many trees as it felt such operations in the forests, even to in- Only designated wilderness areas are off-lim- appropriate. Further, these sales would have crease them rapidly, surely that can be done its. been exempt from environmental review and without abandoning the entire framework of No one can be sure what forests and what public comment. Worst of all, the language supporting law. Likewise, if Congress wants areas might be subject to harvesting—or how was so vague that virtually any tree, living to change the law with regard to manage- carefully it would be done. or dead, standing or fallen, could have been ment of the forests, it ought to do so in the defined as ‘‘salvage,’’ even the dwindling normal way, not tack a decision of such im- The public will not stand by and watch the stands of old-growth redwoods in California’s portance on the back of a supplemental ap- years of protecting our forests against envi- national forests. For these reasons Clinton propriations bill. The measure is shortly to ronmental damage be wiped out in a spurt of should stick to his guns as Republicans seek go to conference; the conferees should cut action by a Congress that has so many pro- to include this nasty amendment in a com- the budget, not the trees. harvest allies in its midst. promise recisions package. The President re- Our forests can be harvested without dam- portedly is considering accepting it. [From the Denver Post, May 8, 1995] age to our environment. But doing so re- Even the staid Sunset Magazine highlights CLINTON SHOULD VETO TIMBER BILL quires more scientific and technical thought a special report entitled ‘‘The Crisis in Our than Congress appears willing to devote. The President Bill Clinton should veto a timber Forests’’ in its current issue. Sunset doubts final protection against abuse is the legal measure because the proposal is bad environ- that stepped-up salvage operations would system. If that access also is prohibited, mental policy and a shoddy way to make fed- markedly improve forest health or prevent then all of us should worry. the spread of wildfires. eral law. The timber proposal is buried in a larger Citizens should demand that Congress slow The salvage amendment has nothing to do measure that deals with trimming federal down and remember its stewardship duties to with cutting wasteful government spending spending. Clinton compromised with Senate the public land. but everything to do with wasteful cutting. Republicans to make the rescissions bill, as Narrowly focused salvage harvesting is ac- The President must hold firm—the amend- the main measure is called, less draconian ceptable. Abandoning our traditions of envi- ment must go. than the first version adopted by the U.S. ronmental protection and legal accountability is not. [From the Washington Post, May 3, 1995] House. However, the larger bill has been burdened CHOPPING BLOCK Mr. DOMENICI. Mr. President, I rise with a bunch of special-interests, anti-envi- in support of H.R. 1944, the revised It isn’t just spending that would be cut by ronmental provisions. The worst would let the bills the House and Senate passed a logging companies cut an enormous amount emergency supplemental appropria- month ago rescinding appropriations for the of extra timber from the national forests. tions and rescissions bill for fiscal year current fiscal year. A fair amount of timber Gluing such harvesting proposals onto an al- 1995. would likely be cut, too—cut down, that is. ready complex and controversial measure is It is time for Congress to complete Each version of the bill includes a rider a deceitful way to mold federal law, so they this bill and provide the emergency aimed at sharply increasing the timber har- all should be removed from the bill. disaster assistance that is needed in at vest this year and next in the federal forests. Actually, the Senate would have stripped least 40 States to respond to natural If the riders did no more than urge an in- the timbering portions from the measure crease in the harvest or order that the har- weeks ago, except Ben Nighthorse Campbell, disasters. vest be as large as possible under the law, Colorado’s junior U.S. senator, deserted his It is time to complete action on the that would be fair enough. There’s always a moderate environmental leanings and voted rescissions in the bill so that agencies great dispute about the amount of timber to keep the logging provisions in the main can close out the fiscal year, and Con- that can best be taken from the national for- bill. Coloradans who had hoped Campbell gress can address the funding issues for ests and other public lands. The total the would remain an independent voice even the new fiscal year. The Senate will be past few years has been well below the level after he changed from a Democrat into a Re- turning to the fiscal year 1996 funding to which the industry became accustomed in publican were sorely disappointed by his par- the 1970s and 1980s. The timber lobby says tisan performance on this matter. bills this week. the cut should be increased—it argues among There are ways to cut timber, including I am pleased that the President will much else that there is currently an enor- methods to salvage lumber from dead or support this bill. It provides funding

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10425 the administration requested to re- and $0.6 billion in outlays from the cur- propriations Committee’s budget allo- spond to the tragic bombing in Okla- rent fiscal year through the rescissions cation be placed in the RECORD at this homa City and to carry out a proposed in the bill. As chairman of the Senate point. counterterrorism initiative. Budget Committee, I ask unanimous There being no objection, the table Mr. President, the bill before us will consent that a table displaying the re- was ordered to be printed in the save $15.3 billion in budget authority lationship of the bill to the Senate Ap- RECORD, as follows: H.R. 1944, EMERGENCY SUPPLEMENTAL AND RESCISSIONS [Fiscal year 1995, in millions of dollars, CBO scoring]

1 2 Subcommittee Senate 602(b) Total comp to Subcommittee Current status H.R. 1994 total allocation allocation

Agriculture—RD ...... BA 58,117 ¥82 58,035 58,118 ¥83 OT 50,330 ¥30 50,300 50,330 ¥30 Commerce—Justice 3 ...... BA 26,693 ¥290 26,403 26,903 ¥500 OT 25,387 ¥99 25,288 25,429 ¥141 Defense ...... BA 241,008 ¥50 240,958 243,630 ¥2,672 OT 249,560 ¥38 249,522 250,713 ¥1,191 District of Columbia ...... BA 712 ¥ 712 720 ¥8 OT 714 ¥ 714 722 ¥8 Energy—Water ...... BA 20,293 ¥234 20,059 20,493 ¥434 OT 20,784 ¥52 20,732 20,749 ¥17 Foreign Operations ...... BA 13,537 ¥117 13,654 13,830 ¥176 OT 13,762 ¥241 14,003 14,005 ¥2 Interior ...... BA 13,577 ¥282 13,295 13,582 ¥287 OT 13,968 ¥79 13,889 13,970 ¥81 Labor—HHS 4 ...... BA 265,870 ¥2,520 263,350 266,170 ¥2,820 OT 265,718 ¥212 265,506 265,731 ¥225 Legislative Branch ...... BA 2,459 ¥17 2,443 2,460 ¥17 OT 2,472 ¥12 2,459 2,472 ¥13 Military Construction ...... BA 8,735 ¥ 8,735 8,837 ¥102 OT 8,519 ¥ 8,519 8,519 ¥0 Transportation ...... BA 14,193 ¥2,624 11,568 14,275 ¥2,707 OT 37,085 ¥22 37,063 37,072 ¥9 Treasury—Postal 5 ...... BA 23,589 ¥639 22,950 23,757 ¥807 OT 24,221 ¥40 24,181 24,225 ¥44 VA—HUD ...... BA 89,891 ¥8,354 81,537 90,257 ¥8,720 OT 92,438 ¥126 92,312 92,439 ¥127 Reserve ...... BA ...... ¥325 ¥325 2,311 ¥2,636 OT ...... ¥130 ¥130 1 ¥131

Total appropriations 6 ...... BA 778,674 ¥15,300 763,374 785,343 ¥21,969 OT 804,957 ¥600 804,358 806,377 ¥2,019 1 In accordance with the Budget Enforcement Act, these totals do not include $3,905 million in budget authority and $7,442 million in outlays in funding for emergencies that have been designated as such by the President 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 request from the President designating the entire amount as an emergency requirement. 2 In accordance with the Budget Enforcement Act, these totals do not include $3,455 million in budget authority and $443 million in outlays in funding for emergencies that have been designated as such by the President and/or the Congress. 3 Of the amounts remaining under the Commerce-Justice Subcommittee’s 602(b) allocation, $17.1 million in budget authority and $1.2 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. 4 Of the amounts remaining under the Labor-HHS Subcommittee’s 602(b) allocation, $27.0 million in budget authority and $5.8 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund 5 Of the amounts remaining under the Treasury -Postal Subcommittees 602(b) allocation, $1.3 million in budget authority and $0.1 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. 6 Of the amounts remaining under the Appropriations Committee’s 602(a) allocation, $68.8 million in budget authority and $9.9 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. Note.—Details may not add to totals due to rounding.

Mr. HATFIELD. Mr. President, what recognize a woman who does not pos- MESSAGES FROM THE PRESIDENT is the parliamentary situation? sess such a vita, but is nevertheless Messages from the President of the The PRESIDING OFFICER. The Sen- worthy of recognition, the late Mrs. United States were communicated to ator from Illinois has another 11 min- Dollye Hanna, who recently passed the Senate by Mr. Thomas, one of his utes 33 seconds left. away at the age of 98. secretaries. Mr. HATFIELD. I have 30 minutes. Though Mrs. Hanna, or ‘‘Momma f The PRESIDING OFFICER. That is Doll’’ as she was affectionately known correct. by her family and friends, was not in- EXECUTIVE MESSAGES REFERRED Mr. HATFIELD. The proponents? volved in either public service or the As in executive session the Presiding The PRESIDING OFFICER. They private sector, she did dedicate her life Officer laid before the Senate messages have 11 minutes 32 seconds available. to the noblest endeavor there is, her from the President of the United f family. In her almost century on this States submitting sundry nominations earth, she was a loving wife, mother, which were referred to the appropriate MORNING BUSINESS grandmother, great grandmother, and committees. Mr. HATFIELD. Mr. President, I ask great-great grandmother. She set an (The nominations received today are unanimous consent that there now be a example for kindness and caring, and printed at the end of the Senate pro- period for the transaction of routine as the matriarch of the family, she left ceedings.) morning business with Senators per- her strong mark and influence on four f mitted to speak for up to 5 minutes generations of Hannas. MESSAGES FROM THE HOUSE each. During a service held in her memory The PRESIDING OFFICER. Without last month, Mrs. Hanna was remem- At 1:55 p.m., a message from the objection, it is so ordered. bered as a woman who was: a lady; a House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- f mother; a friend; someone who spanned time; and as a child of The Father. I nounced that the House has passed the TRIBUTE TO THE LATE DOLLYE cannot think of a more flattering or following bill, in which it requests the HANNA appropriate manner in which to re- concurrence of the Senate: Mr. THURMOND. Mr. President, each member this special woman who de- H.R. 2020. An act making appropriations day, members of this body rise to pay voted herself to caring for her husband, for the Treasury Department, the United States Postal Service, the Executive Office tribute to men and women who have children, and extended family. She is of the President, and certain Independent had an impact on our Nation in one someone who will certainly be missed Agencies, for the fiscal year ending Sep- manner or another. On any given day by all those who knew her, and my tember 30, 1996, and for other purposes. the RECORD will contain passages prais- sympathies go out to all those who f ing elected officials, captains of indus- knew and cared for this remarkable try, and others who have accumulated lady, especially her grandchildren: E.G. MEASURES REFERRED a list of accomplishments that are usu- Meybohm; Robert L. Meybohm; Dollye The following bill was read the first ally nothing less than impressive and W. Ward; Mildred W. Ghetti; and Hanna and second times by unanimous con- oftentimes enviable. Today, I want to W. Fowler. sent and referred as indicated:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10426 CONGRESSIONAL RECORD — SENATE July 20, 1995 H.R. 2020. An act making appropriations SUBMISSION OF CONCURRENT AND Fortunately, the ‘‘orphan’’ percep- for the Treasury Department, the United SENATE RESOLUTIONS tion has been changing over the 12 States Postal Service, the Executive Office The following concurrent resolutions years that this research credit has been of the President, and certain Independent in effect. In fact, Mr. President, phar- Agencies, for the fiscal year ending Sep- and Senate resolutions were read, and tember 30, 1996, and for other purposes; to referred (or acted upon), as indicated: maceutical companies have made great strides in discovering treatments for the Committee on Appropriations. By Mr. PRESSLER (for himself, Mr. STEVENS, Mr. BAUCUS, Mr. BOND, Mrs. these orphan diseases. While only seven f BOXER, Mr. BROWN, Mr. BUMPERS, Mr. orphan drugs were approved by the FDA in the decade before the credit’s REPORTS OF COMMITTEES COCHRAN, Mrs. FEINSTEIN, Mr. GOR- TON, Mr. HOLLINGS, Mr. KERRY, Mr. initial passage, over 100 have been ap- The following reports of committees LAUTENBERG, Mr. LOTT, Ms. proved since and approximately 600 are were submitted: MOSELEY-BRAUN, Mr. MURKOWSKI, Mr. now in development. By Mrs. KASSEBAUM, from the Com- PACKWOOD, Mr. PELL, Mr. PRYOR, Mr. For example, the FDA recently ap- mittee on Labor and Human Resources, with ROTH, and Mr. SIMON: proved the first-ever treatment for S. Res. 155. A resolution expressing the an amendment in the nature of a substitute: Gaucher disease, a debilitating and S. 919. A bill to modify and reauthorize the sense of the Senate that the action taken by the Government of Japan against United sometimes fatal genetic disorder. This Child Abuse Prevention and Treatment Act, disease afflicts fewer than 5,000 people and for other purposes (Rept. No. 104–117). States air cargo and passenger carriers rep- By Mr. HATCH, from the Committee on resents a clear violation of the United worldwide, yet Genzyme Corp. ex- the Judiciary, without amendment and with States/Japan bilateral aviation agreement pended its time and money to search a preamble: that is having severe repercussions on for a treatment precisely because of S. Res. 103. A resolution to proclaim the United States air carriers and, in general, the orphan drug credit’s incentives. week of October 15 through October 21, 1995, customers of these United States carriers; to Mr. President, this credit’s effective- as National Character Counts Week, and for the Committee on Foreign Relations. ness has been tested for the past 12 other purposes. f years, and it has passed with flying col- f STATEMENTS ON INTRODUCED ors. Few provisions of the tax code can BILLS AND JOINT RESOLUTIONS claim to have clearly reduced human EXECUTIVE REPORTS OF suffering and to have expanded our By Mr. HATCH (for himself and Mr. COMMITTEES store of medical knowledge. This credit BAUCUS): S. 1052. A bill to amend the The following executive reports of has done both. Internal Revenue Code of 1986 to make By helping small, entrepreneurial committees were submitted: permanent the credit for clinical test- firms to take advantage of the orphan By Mr. HATCH, from the Committee on ing expenses for certain drugs for rare drug credit, we can make it even more the Judiciary: diseases or conditions and to provide effective. Currently, Mr. President, the James L. Dennis, of Louisiana, to be U.S. for carryovers and carrybacks of un- circuit judge for the Fifth Circuit. tax credit only serves as an incentive used credits; to the Committee on Fi- for companies that earn a current-year (The above nomination was reported nance. profit. Under the previous law, if the with the recommendation that he be f credit could not be used immediately, confirmed.) THE ORPHAN DRUG ACT OF 1995 it was lost forever. For large, profit- By Mr. PRESSLER, from the Committee able drug companies, this was rarely a on Commerce, Science, and Transportation: Mr. HATCH. Mr. President, today I problem. Roberta L. Gross, of the District of Colum- am introducing the Orphan Drug Act of bia, to be Inspector General, National Aero- However, for many small, start-up nautics and Space administration. 1995, legislation to modify and extend pharmaceutical companies, this cur- Vera Alexander, of Alaska, to be a member permanently the orphan drug tax cred- rent-year restriction makes the credit of the Marine Mammal Commission for a it. Identical legislation has been intro- of little or no use. These firms typi- term expiring May 13, 1997. duced in the House by Representatives cally lose money in the early years Robert Clarke Brown, of New York, to be a by NANCY JOHNSON and ROBERT MATSUI. since they put all available funding member of the Board of Directors of the Met- This credit encourages private firms to into research. They only expect to see ropolitan Washington Airports Authority for develop treatments for rare diseases. profits many years into the future. a term of 6 years. As many of my colleagues know, this While many of the Nation’s drug break- (The above nominations were re- medical research tax credit expired at throughs have come from these small ported with the recommendation that the end of 1994. I am pleased that my firms, Mr. President, the credit’s cur- they be confirmed, subject to the nomi- good friend and colleague from Mon- rent structure has left them out in the nees’ commitment to respond to re- tana, Senator BAUCUS, is joining me. cold. quests to appear and testify before any Since the 1983 enactment of the or- In order to improve the credit’s use- duly constituted committee of the Sen- phan drug tax credit, we have seen very fulness, this bill will allow firms to ate. encouraging progress in developing new carry the credit back 3 years and carry f drugs to alleviate suffering from a it forward 15 years. This will give number of so-called orphan diseases. small, growing companies an incentive INTRODUCTION OF BILLS AND The name ‘‘orphan’’ was coined to re- to find ways to treat these rare dis- JOINT RESOLUTIONS flect a perceived lack of concern about eases that cause so many to suffer. The following bills and joint resolu- diseases that affect relatively small In my home State of Utah, a healthy tions were introduced, read the first numbers of people. biomedical industry is emerging. In the and second time by unanimous con- Mr. President, the incentive provided course of research, scientists often sent, and referred as indicated: by this credit gives hope to individuals stumble upon treatments that could, if who suffer from such rare but dev- developed, improve the lives of victims By Mr. HATCH (for himself and Mr. astating conditions as Tourette’s syn- of rare diseases. However, because of BAUCUS): S. 1052. A bill to amend the Internal Rev- drome, Huntington’s disease, and the high cost of drug experiments and enue Code of 1986 to make permanent the neurofibromatosis. Many drugs des- the enormous expense involved in gain- credit for clinical testing expenses for cer- ignated as orphan drugs have a much ing FDA approval, many researchers tain drugs for rare diseases or conditions and smaller potential market than even the reluctantly set these promising drug to provide for carryovers and carrybacks of 200,000 patients referred to in the defi- innovations aside. Mr. President, this unused credits; to the Committee on Fi- nition in this bill—sometimes they are should not happen, not when so many nance. for conditions that affect as few as are suffering from these rare diseases, By Mr. LIEBERMAN (for himself and 1,000 persons in the United States. This and we have an effective credit avail- Mr. D’AMATO): S. 1053. A bill to amend the Internal Rev- means that without some incentive able that has proven its benefits. enue Code of 1986 to promote capital forma- there is simply no possibility for a firm I urge my Senate colleagues to join tion for the development of new businesses; to profit from its decision to develop me in sponsoring this legislation. Mr. to the Committee on Finance. drugs that treat these diseases. President, I ask unanimous consent

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10427 that the text of this bill be printed in (d) EFFECTIVE DATE.— creased Medicare reimbursement for the RECORD. (1) SUBSECTION (a).—The amendment made nurse practitioners and clinical nurse There being no objection, the bill was by subsection (a) shall apply to amounts paid specialists to increase the delivery of ordered to be printed in the RECORD, as or incurred after December 31, 1994. health services in health professional follows: (2) CARRYOVERS AND CARRYBACKS.—The amendments made by subsections (b) and (c) shortage areas, and for other purposes. S. 1052 shall apply to taxable years beginning after S. 955 Be it enacted by the Senate and House of Rep- December 31, 1994. resentatives of the United States of America in At the request of Mr. HATCH, the Congress assembled, f names of the Senator from Arkansas SECTION 1. CREDIT FOR CERTAIN CLINICAL ADDITIONAL COSPONSORS [Mr. BUMPERS] and the Senator from TESTING EXPENSES MADE PERMA- Arizona [Mr. KYL] were added as co- NENT; CARRYOVER AND CARRYBACK S. 187 sponsors of S. 955, a bill to clarify the OF UNUSED CREDITS. At the request of Mr. MCCAIN, the scope of coverage and amount of pay- (a) CREDIT MADE PERMANENT.—Section 28 name of the Senator from South Da- of the Internal Revenue Code of 1986 (relat- ment under the Medicare program of ing to clinical testing expenses for certain kota [Mr. PRESSLER] was added as a co- items and services associated with the drugs for rare diseases or conditions) is sponsor of S. 187, a bill to provide for use in the furnishing of inpatient hos- amended by striking subsection (e). the safety of journeymen boxers, and pital services of certain medical de- (b) CARRYOVER AND CARRYBACK OF UNUSED for other purposes. vices approved for investigational use. CREDITS.—Paragraph (2) of section 28(d) of S. 254 such Code is amended by adding at the end S. 968 the following flush sentences: At the request of Mr. LOTT, the At the request of Mr. MCCONNELL, ‘‘Rules similar to the rules of subsections names of the Senator from Utah [Mr. the names of the Senator from Idaho (a), (b), and (c) of section 39 shall apply to BENNETT], the Senator from Minnesota [Mr. KEMPTHORNE] and the Senator the credit under this section. No credit under [Mr. WELLSTONE], and the Senator from from Mississippi [Mr. COCHRAN] were this section may be carried under such rules Connecticut [Mr. LIEBERMAN] were added as cosponsors of S. 968, a bill to to a taxable year beginning before January 1, added as cosponsors of S. 254, a bill to 1995.’’ require the Secretary of the Interior to (c) TECHNICAL AMENDMENTS RELATED TO extend eligibility for veterans’ burial prohibit the import, export, sale, pur- CARRYOVER AND CARRYBACK OF CREDITS.— benefits, funeral benefits, and related chase, and possession of bear viscera or (1) CARRYOVER OF CREDIT.— benefits for veterans of certain service products that contain or claim to con- (A) Subsection (c) of section 381 of such in the United States merchant marine tain bear viscera, and for other pur- Code (relating to items of the distributor or during World War II. transferor corporation) is amended by adding poses. S. 308 at the end thereof the following new para- S. 969 graph: At the request of Mr. HATFIELD, the At the request of Mr. BRADLEY, the ‘‘(27) CREDIT UNDER SECTION 28.—The ac- name of the Senator from Mississippi name of the Senator from Washington quiring corporation shall take into account [Mr. COCHRAN] was withdrawn as a co- [Mrs. MURRAY] was added as a cospon- (to the extent proper to carry out the pur- sponsor of S. 308, a bill to increase ac- poses of this section and section 28, and sor of S. 969, a bill to require that cess to, control the costs associated under such regulations as may be prescribed health plans provide coverage for a with, and improve the quality of health by the Secretary) the items required to be minimum hospital stay for a mother care in States through health insur- taken into account for purposes of section 28 and child following the birth of the in respect to the distributor or transferor ance reform, State innovation, public child, and for other purposes. corporation.’’ health, medical research, and reduction (B) Paragraph (2) of section 383(a) of such of fraud and abuse, and for other pur- S. 974 Code (relating to special limitations on cer- poses. At the request of Mr. GRASSLEY, the tain excess credits, etc.) is amended by re- name of the Senator from Arizona [Mr. designating subparagraphs (A) and (B) as S. 356 KYL] was added as a cosponsor of S. 974, subparagraphs (B) and (C), respectively, and At the request of Mr. SHELBY, the by inserting before subparagraph (B) (as so name of the Senator from North Caro- a bill to prohibit certain acts involving the use of computers in the furtherance redesignated) the following new subpara- lina [Mr. FAIRCLOTH] was added as a co- graph: sponsor of S. 356, a bill to amend title of crimes, and for other purposes. ‘‘(A) any unused clinical testing credit S. 1009 under section 28,’’. 4, United States Code, to declare (2) CARRYBACK OF CREDIT.— English as the official language of the At the request of Mr. D’AMATO, the (A) Subparagraph (C) of section 6511(d)(4) of Government of the United States. name of the Senator from Louisiana such Code (defining credit carryback) is S. 559 [Mr. JOHNSTON] was added as a cospon- amended by inserting ‘‘any clinical testing At the request of Mr. SIMPSON, the sor of S. 1009, a bill to prohibit the credit carryback under section 28 and’’ after fraudulent production, sale, transpor- ‘‘means’’. names of the Senator from Mississippi (B) Subsection (a) of section 6411 of such [Mr. COCHRAN], the Senator from Ten- tation, or possession of fictitious items Code (relating to tentative carryback and re- nessee [Mr. THOMPSON], and the Sen- purporting to be valid financial instru- fund adjustments) is amended— ator from Rhode Island [Mr. PELL] ments of the United States, foreign (i) by inserting ‘‘by a clinical testing credit were added as cosponsors of S. 559, a governments, States, political subdivi- carryback under section 28,’’ after ‘‘172(b),’’ sions, or private organizations, to in- in the first sentence, and bill to amend the Lanham Act to re- (ii) by striking ‘‘net capital loss’’ the first quire certain disclosures relating to crease the penalties for counterfeiting place it appears in the second sentence and materially altered films. violations, and for other purposes. all that follows before ‘‘in the manner and S. 863 SENATE JOINT RESOLUTION 26 form’’ and inserting ‘‘net capital loss, unused At the request of Mr. SIMPSON, the clinical testing credit, or unused business At the request of Mr. GRASSLEY, the credit from which the carryback results and name of the Senator from Hawaii [Mr. name of the Senator from Alaska [Mr. within a period of 12 months after such tax- INOUYE] was added as a cosponsor of S. STEVENS] was added as a cosponsor of able year or, with respect to any portion of 863, a bill to amend title XVIII of the Senate Joint Resolution 26, a joint res- a clinical testing credit carryback or busi- Social Security Act to provide for in- olution designating April 9, 1995, and ness credit carryback attributable to a net creased Medicare reimbursement for April 9, 1996, as ‘‘National Former Pris- operating loss carryback or a net capital loss physician assistants, to increase the oner of War Recognition Day.’’ carryback from a subsequent taxable year, within a period of 12 months from the end of delivery of health services in health SENATE RESOLUTION 146 such subsequent taxable year or, with re- professional shortage areas, and for At the request of Mr. JOHNSTON, the spect to any portion of a business credit other purposes. name of the Senator from Louisiana carryback attributable to a clinical testing S. 864 [Mr. BREAUX] was added as a cosponsor credit carryback from a subsequent taxable At the request of Mr. GRASSLEY, the of Senate Resolution 146, a resolution year within a period of 12 months from the name of the Senator from Hawaii [Mr. designating the week beginning No- end of such subsequent taxable year,’’. (C) Paragraph (1) of section 6411(a) of such INOUYE] was added as a cosponsor of S. vember 19, 1995, and the week begin- Code is amended by inserting ‘‘unused clin- 864, a bill to amend title XVIII of the ning on November 24, 1996, as ‘‘National ical testing credit,’’ after ‘‘net capital loss,’’. Social Security Act to provide for in- Family Week,’’ and for other purposes.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10428 CONGRESSIONAL RECORD — SENATE July 20, 1995 SENATE RESOLUTION 147 taken against the Government of Japan for Mr. President, for today and the fu- At the request of Mr. THURMOND, the its egregious violation of the United States/ ture, the economic stakes of this trade name of the Senator from Louisiana Japan bilateral aviation agreement; and dispute are tremendous and therefore (3) calls upon the President of the United [Mr. JOHNSTON] was added as a cospon- States to promptly impose against the Gov- the administration must be prepared to sor of Senate Resolution 147, a resolu- ernment of Japan whatever countermeasures impose strong countermeasures. We tion designating the weeks beginning are necessary and appropriate to ensure the cannot negotiate indefinitely while our September 24, 1995, and September 22, Government of Japan abides by the terms of carriers suffer severe economic dam- 1996, as ‘‘National Historically Black the United States/Japan bilateral aviation ages. agreement. Colleges and Universities Week,’’ and I cannot emphasize enough the sig- Mr. PRESSLER. Mr. President, I rise for other purposes. nificance of the economic stakes of the today to submit a resolution express- United States/Japan aviation dispute. f ing the concern of the United States For example, in 1994 the total revenue SENATE RESOLUTION 155—REL- Senate over the Government of Japan’s violation of the bilateral aviation value of passenger and freight traffic ATIVE TO UNITED STATES/ for United States carriers between the JAPAN AVIATION DISPUTE agreement between our two countries and its continued refusal to respect United States and Japan was approxi- Mr. PRESSLER (for himself, Mr. this agreement. mately $6 billion. During that same STEVENS, Mr. BAUCUS, Mr. BOND, Mrs. I am pleased so many of my col- year, the value of cargo shipped by air BOXER, Mr. BROWN, Mr. BUMPERS, Mr. leagues from both sides of the aisle between the United States and Japan COCHRAN, Mrs. FEINSTEIN, Mr. GORTON, have joined me in submitting this reso- was roughly $47 billion. This figure in- Mr. HOLLINGS, Mr. KERRY, Mr. LAUTEN- lution. It speaks volumes about the im- creases to approximately $132 billion BERG, Mr. LOTT, Ms. MOSELEY-BRAUN, portance of the issue. In particular, I when one considers the value of cargo Mr. MURKOWSKI, Mr. PACKWOOD, Mr. thank my good friend from Alaska, shipped by air between the United PELL, Mr. PRYOR, Mr. ROTH, and Mr. Senator STEVENS, who has worked very States and all Asian countries. These SIMON) submitted the following resolu- closely with me on this matter for figures speak loudly for themselves. tion; which was referred to the Com- some time. These statistics are indeed impres- mittee on Foreign Relations: As I said last month when I addressed sive. Yet they do not tell the whole S. RES. 155 the Senate at length on the United story. While both the current size and States/Japan aviation dispute, this Whereas the Governments of the United the potential for the future of our avia- States and Japan entered into a bilateral issue is extraordinarily straight- tion market to Japan and beyond to aviation agreement in 1952 that has been forward: Should the United States other Asian countries are impressive, modified periodically to reflect changes in allow Japan to unilaterally deny the figures cited earlier do not rise to the aviation relationship between the two United States carriers rights guaran- their proper level of significance until countries; teed those carriers by the United one considers the more than $65 billion Whereas in 1994 the total revenue value of States/Japan bilateral aviation agree- trade deficit the United States cur- passenger and freight traffic for United ment? The clear and unequivocal an- rently has with Japan. States air carriers between the United swer is ‘‘no.’’ States and Japan was approximately $6 bil- If we tolerate and accept this breach, As chairman of the Senate Com- lion; it would establish a very dangerous mittee on Commerce, Science, and Whereas the United States/Japan bilateral precedent for U.S. international avia- Transportation, all too often I see pa- aviation agreement guarantees three U.S. tion relations. The Chinese among oth- rochial fighting among U.S. air car- carriers ‘‘beyond rights’’ that authorize riers undermine our country’s inter- them to fly into Japan, take on additional ers are very carefully watching how passengers and cargo, and then fly to an- the United States reacts in this dis- national aviation policy. This infight- other country; pute. The potential ramifications are ing sets off a chain reaction on Capitol Whereas the United States/Japan bilateral much broader than aviation. We would Hill. The political firestorm that re- aviation agreement requires that, within 45 send the nations of the world the mes- sults unfortunately often prevents the days of filing a notice with the Government sage it is okay to pick and choose Secretary of Transportation from mak- of Japan, the Government of Japan must au- which provisions of agreements with ing the strongest possible international thorize United States air carriers to serve the United States they want to abide aviation agreements. Instead, we ac- routes guaranteed by their ‘‘beyond rights’’; by. That is a very dangerous message. cept international agreements that Whereas United States air carriers have One we must not send. may serve the best political interest of made substantial economic investment in re- an administration, but that all too liance upon the expectation their rights I was pleased when the Department under the United States/Japan bilateral of Transportation issued a show-cause often fail to produce the greatest pos- aviation agreement would be honored by the order to the Government of Japan on sible economic gain for our country. Government of Japan; June 19 in response to its violation of Foreign nations know this is our Achil- Whereas the Government of Japan has vio- our air service agreement. The admin- les heel in international aviation nego- lated the United States/Japan bilateral avia- istration was absolutely correct in tiations. They know it and they exploit tion agreement by preventing United States doing so. If anything, the show-cause it. air carriers from serving routes clearly au- order could have been issued sooner, thorized by their ‘‘beyond rights’’; and Mr. President, this resolution puts but quite correctly, the administration the Senate on record in clear opposi- Whereas the refusal by the Government of was patient in its good faith talks to Japan to respect the terms of the United tion to the actions of the Japanese try to resolve this dispute. The Govern- States/Japan bilateral aviation agreement is Government. It is designed to place the having severe repercussions on United States ment of Japan left us with no other op- administration in a position of polit- tion. air carriers and, in general, customers of ical strength from which it can deal A month has passed since the show- these United States air carriers: Now, there- with this vitally important inter- fore, be it cause order was issued. The United national aviation matter. I had hoped Resolved, That the Senate— States continues to negotiate in good the show-cause order would serve as a (1) calls upon the Government of Japan to faith with the Government of Japan. wake-up call to the Government of honor and abide by the terms of the United Unfortunately, the Government of Japan. Apparently it has not. States/Japan bilateral aviation agreement Japan continues to refuse to honor the and immediately authorize United States air United States/Japan bilateral aviation It is my hope this resolution will fur- cargo and passenger carriers which have agreement. I am not surprised because ther drive home the message to the pending route requests relating to their ‘‘beyond rights’’ to immediately commence time is on the side of Japan. The longer Government of Japan that inter- service on the requested routes; Japan delays, the longer they prevent national agreements are to be honored, (2) calls upon the President of the United our carriers from competing against not unilaterally disregarded. I urge all States to identify strong and appropriate their inefficient carriers. Time is defi- of my colleagues to support this resolu- forms of countermeasures that could be nitely on their side. tion.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10429 AMENDMENTS SUBMITTED In lieu of the language proposed to be in- (9) the rampage of violence and suffering in serted, insert the following: Bosnia and Herzegovina continues unchecked It is the sense of the Senate that before the and the United Nations and NATO remain THE LEGISLATIVE BRANCH conclusion of the 104th Congress, comprehen- unable or unwilling to stop it; and APPROPRIATIONS ACT, 1996 sive welfare reform, food stamp reform, (10) the feeble reaction to the Bosnian Medicare reform, Medicaid reform, superfund tragedy is sending a message to the world reform, wetlands reform, reauthorization of that barbaric warfare and inhumanity is to BYRD AMENDMENT NO. 1802 the Safe Drinking Water Act, reauthoriza- be rewarded: Now, therefore, be it tion of the Endangered Species Act, immi- (b) SENSE OF THE SENATE.—It is the sense Mr. BYRD proposed an amendment gration reform, Davis-Bacon reform, State of the Senate that the Senate hereby to the bill (H.R. 1854) making appro- Department reauthorization, Defense De- (1) condemns the war crimes and crimes priations for the legislative branch for partment reauthorization, Bosnia arms em- against humanity committed by all sides to the conflict in the Balkans, particularly the the fiscal year ending September 30, bargo, foreign aid reauthorization, fiscal year 1996 and 1997 Agriculture appropria- Bosnian Serbs; and 1996, and for other purposes; as follows: (2) condemns the policies and actions of tions, Commerce, Justice, State appropria- At the appropriate place in the bill, insert Bosnian Serb President Radovan Karadzic tions, Defense appropriations, District of Co- the following: and Bosnian Serb military commander lumbia appropriations, Energy and Water SEC. . (a) It is the sense of the Senate Ratko Mladic and urges the Special Pros- Development appropriations, Foreign Oper- that the Senate should consider a resolution ecutor of the International Criminal Tri- ations appropriations, Interior appropria- in the 104th Congress, 1st Session, that re- bunal for the Former Yugoslavia to expedite tions, Labor, Health and Human Services quires an accredited member of any of the the review of evidence for their indictment and Education appropriations, Legislative Senate press galleries to file an annual pub- for such crimes. Branch appropriations, Military Construc- lic report with the Secretary of the Senate (3) It is the sense of the Senate that the tion appropriations, Transportation appro- disclosing the identity of the primary em- Special Prosecutor for the International priations, Treasury and Postal appropria- ployer of the member and of any additional Criminal Tribunal for the Former Yugo- tions, and Veterans Affairs, Housing and sources of earned outside income received by slavia should investigate the recent and on- Urban Development, and Independent Agen- the member, together with the amounts re- going violations of international humani- cies appropriations, reauthorization of the ceived from each such source. tarian law in Bosnia and Herzegovina. (b) For purposes of this section, the term Older Americans Act, reauthorization of the (4) The Senate urges the President to make ‘‘Senate press galleries’’ means— Individuals with Disabilities Education Act, all information, including intelligence infor- (1) the Senate Press Gallery; health care reform, job training reform, mation, on war crimes and war criminals (2) the Senate Radio and Television Cor- child support enforcement reform, tax re- available to the International Criminal Tri- respondents Gallery; form, and a ‘‘Farm Bill’’ should be bunal for the Former Yugoslavia. (3) the Senate Periodical Press Gallery; considered. (5) It is the sense of the Senate that the and President should not terminate economic (4) the Senate Press Photographers BROWN AMENDMENT NO. 1805 sanctions, or cooperate in the termination of Gallery. such sanctions, against the Governments of Mr. BROWN proposed an amendment Serbia and Montenegro unless and until the to the bill H.R. 1805, supra; as follows: FEINGOLD (AND OTHERS) President determines and certifies to Con- On page 3, line 26, add at the end the fol- AMENDMENT NO. 1803 gress that President Slobodan Milosovic of lowing, ‘‘The account for the Office of Ser- Serbia is cooperating fully with the Inter- Mr. FEINGOLD (for himself, Mr. geant at Arms and Doorkeeper is reduced by national Criminal Tribunal for the Former MCCAIN, Mrs. FEINSTEIN, Mr. JEFFORDS, $10,000, provided that there shall be no new Yugoslavia. Mr. WELLSTONE, Mr. BRADLEY, Mr. elevator operators hired to operate auto- SIMON, Mr. BIDEN, Mr. LEAHY, Mr. matic elevators.’’ DOLE AMENDMENT NO. 1807 AKAKA, Mr. GRAHAM, Mr. KERRY, and Mr. DOLE proposed an amendment to SPECTER AMENDMENT NO. 1806 Mr. LAUTENBERG) proposed an amend- amendment No. 1803 proposed by Mr. ment to the bill H.R. 1854, supra; as fol- Mr. SPECTER proposed an amend- FEINGOLD to the bill, H.R. 1854, supra; lows: ment to the bill H.R. 1805, supra; as fol- as follows: At the appropriate place, insert the follows: Strike all after the word ‘‘SEC.’’ and insert lowing new section: At the appropriate place insert the fol- the following: ‘‘It is the sense of the Senate SEC. . CAMPAIGN FINANCE REFORM. lowing new section: that before the conclusion of the 104th Con- (A) FINDINGS.—The Congress finds that— SEC. . gress, comprehensive welfare reform, food (1) the current system of campaign finance (a) FINDINGS.—The Congress finds that— stamp reform, Medicare reform, Medicaid re- has led to public perceptions that political (1) war and human tragedy have reigned in form, superfund reform, wetlands reform, re- contributions and their solicitation have un- the Balkans since January 1991; authorization of the Safe Drinking Water duly influenced the official conduct of elect- (2) the conflict has occasioned the most Act, reauthorization of the Endangered Spe- ed officials; horrendous war crimes since Nazi Germany cies Act, immigration reform, Davis-Bacon (2) the failure to limit campaign expendi- and the Third Reich’s death camps; reform, State Department reauthorization, tures in any way has caused individuals (3) these war crimes have been character- Defense Department reauthorization, Bosnia elected to the United States Senate to spend ized by ‘‘ethnic cleansing’’, summary execu- arms embargo, foreign aid reauthorization, an increasing portion of their time in office tions, torture, forcible displacement, mas- fiscal year 1996 and 1997 Agriculture appro- raising campaign funds, interfering with the sive and systematic rape, and attacks on priations, Commerce, Justice, State appro- ability of the Senate to carry out its con- medical and relief personnel committed priations, Defense appropriations, District of stitutional responsibilities; mostly by Bosnian Serb military, para-mili- Columbia appropriations, Energy and Water (3) the public faith and trust in Congress as tary, and police forces; Development appropriations, Foreign Oper- an institution has eroded to dangerously low (4) more than 200,000 people, mostly Bos- ations appropriations, Interior appropria- levels and public support for comprehensive nian Muslims, have been killed or are miss- tions, Labor, Health and Human Services congressional reforms is overwhelming; and ing, 2.2 million are refugees, and another 1.8 and Education appropriations, Legislative (4) reforming our election laws should be a million have been displaced in Bosnia; Branch appropriations, Military Construc- high legislative priority of the 104th Con- (5) the final report of the Commission of tion appropriations, Transportation appro- gress. Experts on War Crimes in the Former Yugo- priations, Treasury and Postal appropria- (b) SENSE OF THE SENATE.—It is the sense slavia, submitted to the United Nations Se- tions, and Veterans Affairs, Housing and of the Senate that as soon as possible before curity Council on May 31, 1995, documents Urban Development, and Independent Agen- the conclusion of the 104th Congress, the more than 3500 pages of detailed evidence of cies appropriations, reauthorization of the United States Senate should consider com- war crimes committed in Bosnia; Older Americans Act, reauthorization of the prehensive campaign finance reform legisla- (6) the decisions of the United Nations Se- Individuals with Disabilities Education Act, tion that will increase the competitiveness curity Council have been disregarded with health care reform, comprehensive campaign and fairness of elections to the United States impunity; finance reform, job training reform, child Senate. (7) Bosnian Serb forces have hindered hu- support enforcement reform, tax reform, and manitarian and relief efforts by the United the Farm bill should be considered’’. MCCONNELL AMENDMENT NO. 1804 Nations High Commissioner for Refugees, the International Committee of the Red Mr. MACK (for Mr. MCCONNELL) pro- HOLLINGS (AND OTHERS) Cross, and other relief efforts; AMENDMENT NO. 1808 posed an amendment to amendment (8) Bosnian Serb forces have incessantly No. 1803 proposed by Mr. FEINGOLD to shelled relief outposts, hospitals, and Bos- Mr. HOLLINGS (for himself, Mr. the bill H.R. 1854, supra; as follows: nian population centers; HATCH, Mr. STEVENS, Mr. ROBB, Mr.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10430 CONGRESSIONAL RECORD — SENATE July 20, 1995 LIEBERMAN and Mr. KENNEDY) proposes not be considered by the court except for the both with a requirement of section 624 and an amendment to the bill, H.R. 1854, purpose of determining whether the final any requirement of the statute authorizing supra; as follows: agency action is arbitrary and capricious or the rule, such requirements of section 624 an abuse of discretion (or unsupported by shall not apply to the rule.’’ Strike page 29, line 6, through page 30, line substantial evidence where that standard is 20, and insert in lieu thereof the following: otherwise provided by law). AMENDMENT NO. 1814 For salaries and expenses necessary to carry out the provisions of the Technology In lieu of the matter proposed to be in- Assessment Act of 1972 (Public Law 92–484), ROTH (AND HATCH) AMENDMENT serted, insert the following: including official reception and representa- NO. 1810 ‘‘Notwithstanding any provision of this tion expenses (not to exceed $5,500 from the Act to create a subsection(c) of section 604 of (Ordered to lie on the table.) Title 5 of the United States Code, the fol- Trust Fund), $15,000,000: Provided, That the Mr. ROTH (for himself and Mr. Librarian of Congress shall report to Con- lowing shall apply: gress within 120 days after the date of enact- HATCH) submitted an amendment in- (b) REGULATORY FLEXIBILITY ANALYSIS.— ment of this Act with recommendations on tended to be proposed by them to the (1) FINAL REGULATORY FLEXIBILITY ANAL- how to consolidate the duties and functions bill S. 343, supra; as follows: YSIS.—Section 604 of title 5, United States of the Office of Technology Assessment, the At the end of the amendment add the fol- Code, is amended by adding at the end there- General Accounting Office, and the Govern- lowing: of the following new subsection: ment Printing Office into an Office of Con- ‘‘Notwithstanding any other provision of ‘‘(c)(1) Except as provided in paragraph (2), gressional Services within the Library of this act, 623(i), 625(d), 625(e) and 706(a)(2)(F) no final rule for which a final regulatory Congress by the year 2002: Provided further, shall not be effective, and the following shall flexibility analysis is required under this That notwithstanding any other provision of apply: section shall be promulgated unless the agency finds that the final rule minimizes this Act, each of the following accounts is (d) COMPLETION OF REVIEW OR REPEAL OF compliance burdens on small entities to the reduced by 1.12 percent from the amounts RULE.—If an agency has not completed re- provided elsewhere in this Act: ‘‘salaries, Of- view of the rule by the deadline established maximum extent possible, consistent with fice of the Architect of the Capitol, Archi- under subsection (b), the agency shall imme- the purposes of this subchapter, the objec- tect of the Capitol’’; ‘‘Capitol Buildings, Ar- diately commence a rulemaking action pur- tives of the rule, and the requirements of ap- chitect of the Capitol’’; ‘‘Capitol grounds, suant to section 553 of this title to repeal the plicable statutes. Architect of the Capitol’’; ‘‘Senate office rule and shall complete such rulemaking ‘‘(2) If an agency determines that a statute buildings, Architect of the Capitol’’; ‘‘Cap- within 2 years of the deadline established requires a rule to be promulgated that does itol power plant, Architect of the Capitol’’; under subsection (b). not satisfy the criterion of paragraph (1), the agency shall— ‘‘library buildings and grounds, Architect of (e) STANDARDS FOR REVIEW.—In any pro- the Capitol’’; and ‘‘salaries and expenses, Of- ceeding involving judicial review under sec- ‘‘(A) include a written explanation of such fice of the Superintendent of Documents, tion 706 or under the statute granting the determination in the final regulatory flexi- Government Printing Office’’: Provided fur- rulemaking authority, failure to comply bility analysis; and ther, That notwithstanding any other provi- with this subchapter or subchapter III may ‘‘(B) transmit the final regulatory flexi- sion of this Act, the amounts provided else- not be considered by the court except for the bility analysis to Congress when the final where in this Act for ‘‘salaries and expenses, purpose of determining whether the final rule is promulgated.’’. General Accounting Office,’’ are reduced by agency action is arbitrary and capricious or 1.92 percent. an abuse of discretion (or unsupported by CRAIG (AND OTHERS) f substantial evidence where that standard is AMENDMENTS NOS. 1815–1817 otherwise provided by law). THE COMPREHENSIVE REGU- (Ordered to lie on the table.) Mr. CRAIG (for himself, Mr. HATCH, LATORY REFORM ACT OF 1995 HATCH (AND ROTH) AMENDMENTS and Mr. ROTH) submitted three amend- NOS. 1811–1814 ments intended to be proposed by them HATCH (AND ROTH) AMENDMENT (Ordered to lie on the table.) to an amendment to the bill S. 343, NO. 1809 Mr. HATCH (for himself and Mr. supra; as follows: ROTH) submitted four amendments in- AMENDMENT NO. 1815 (Ordered to lie on the table.) tended to be proposed by them to the Mr. HATCH (for himself and Mr. In the matter to be inserted strike ‘‘the bill S. 343, supra; as follows: agency head may promulgate’’ and insert in ROTH) submitted an amendment in- AMENDMENT NO. 1811 lieu thereof ‘‘the agency head may (and if tended to be proposed by them to the In lieu of the matter proposed to be in- the agency has a nondiscretionary duty to bill (S. 343) to reform the regulatory serted, insert the following: issue a rule, shall) promulgate’’. process, and for other purposes; as fol- ‘‘Notwithstanding the provision of 623(e)(3) lows: the following shall apply: AMENDMENT NO. 1816 In lieu of the matter proposed to be in- ‘‘(3) A petition for review of final agency In lieu of the matter proposed, insert the serted, insert the following: action under subsection (b) or subsection (c) following: ‘‘§ 625. Jurisdiction and judicial review shall be filed not later than 60 days after the ‘‘Notwithstanding the provisions of section agency publishes the final rule under sub- 626 of this Act, the following shall apply: ‘‘(a) REVIEW.—Compliance or noncompli- section (b). The court shall, to the extent ‘‘§ 626. Deadlines for rulemaking ance by an agency with the provisions of this practicable, consolidate such actions in one subchapter and subchapter III shall be sub- proceeding.’’ ‘‘(a) STATUTORY.—All deadlines in statutes ject to judicial review only in accordance that require agencies to propose or promul- with this section. gate any rule subject to section 622 or sub- AMENDMENT NO. 1812 ‘‘(b) JURISDICTION.—(1) Except as provided chapter III during the 2-year period begin- in subsection (e), subject to paragraph (2), In lieu of the matter proposed to be in- ning on the effective date of this section each court with jurisdiction under a statute serted, insert the following: shall be suspended until the earlier of— to review final agency action to which this ‘‘Notwithstanding section 553(l) of title 5 of ‘‘(1) the date on which the requirements of title applies, has jurisdiction to review any the United States Code, the following shall section 622 or subchapter III are satisfied; or claims of noncompliance with this sub- apply: ‘‘(2) the date occurring 6 months after the chapter and subchapter III. ‘‘(l) RULEMAKING PETITION.—(1) Each agen- date of the applicable deadline. ‘‘(2) Except as provided in subsection (e), cy shall give an interested person the right ‘‘(b) COURT-ORDERED.—All deadlines im- no claims of noncompliance with this sub- to petition for the issuance, amendment, or posed by any court of the United States that chapter or subchapter III shall be reviewed repeal of a rule.’’ would require an agency to propose or pro- separate or apart from judicial review of the mulgate a rule subject to section 622 or sub- final agency action to which they relate. AMENDMENT NO. 1813 chapter III during the 2-year period begin- ‘‘(c) RECORD.—Any analysis or review re- In lieu of the matter proposed to be in- ning on the effective date of this section quired under this subchapter or subchapter serted, insert the following: shall be suspended until the earlier of— III shall constitute part of the rulemaking ‘‘Notwithstanding the provisions of 624(a), ‘‘(1) the date on which the requirements of record of the final agency action to which it the following shall apply: CONSTRUCTION section 622 or subchapter III are satisfied; or pertains for the purposes of judicial review. WITH OTHER LAWS.—The requirements of sec- ‘‘(2) the date occurring 6 months after the ‘‘(d) STANDARDS FOR REVIEW.—In any pro- tion 624 shall supplement and not supersede, date of the applicable deadline. ceeding involving judicial review under sec- any other decisional criteria otherwise pro- ‘‘(c) OBLIGATION TO REGULATE.—In any tion 706 or under the statute granting the vided by law. If, with respect to any rule to case in which the failure to promulgate a rulemaking authority, failure to comply be promulgated by a Federal agency, the rule by a deadline occurring during the 2- with this subchapter or subchapter III may agency cannot comply as a matter of law, year period beginning on the effective date

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10431 of this section would create an obligation to health or the environment and if only under scription of the petition) through publica- regulate through individual adjudications, unrealistic exposures would such chemical tion of a notice in the newspapers of general the deadline shall be suspended until the ear- pose one or more of the hazards described in circulation in the area in which the facility lier of— subsection (d)(2)(B) or (d)(2)(C). Nothing in or facilities are located. Agencies may au- ‘‘(1) the date on which the requirements of this section shall be construed to require the thorize or require petitioners to use addi- section 622 or subchapter III are satisfied; or Administrator or a person to carry out a risk tional or alternative means of informing the ‘‘(2) the date occurring 6 months after the assessment under section 633 of title 5, public of the submission of such petitions. If date of the applicable deadline. United States Code, to carry out a site-spe- the agency proposes to grant the petition, cific analysis to establish actual ambient the agency shall provide public notice and AMENDMENT NO. 1817 concentrations, or to document adverse ef- opportunity to comment on the petition and In lieu of the matter proposed, insert the fects at any particular location.’’ on any proposed enforceable agreements. following: ‘‘(e) DEADLINE AND LIMITATION ON SUBSE- ‘‘Notwithstanding Section 553(f)(4) the fol- BOND (AND ROBB) AMENDMENT QUENT PETITIONS.—A decision to grant or lowing Shall apply; (4) A description of the NO. 1823 deny a petition under this subsection shall factual conclusions upon which the rule is be made no later than 240 days after a com- based.’’ (Ordered to lie on the table.) plete petition is submitted. Following a deci- Mr. BOND (for himself and Mr. ROBB) sion to deny a petition under this section, no submitted an amendment to amend- petition, submitted by the same person, may NUNN AMENDMENTS NOS. 1818–1819 ment No. 1797 submitted by Mr. BOND be granted unless it applies to a different fa- (Ordered to lie on the table.) to amendment No. 1487 proposed by Mr. cility, or it is based on a change in a fact, Mr. NUNN submitted two amend- DOLE to the bill S. 343, supra; as fol- circumstance, or provision of law underlying ments intended to be proposed by him lows: or otherwise related to the rules subject to the petition. to amendment No. 1700 submitted by On page 1 line 4, strike everything through him to the bill S. 343, supra; as follows: the end of the amendment and insert in lieu ‘‘(f) AGREEMENT.—Upon granting a petition under this section, the agency shall propose AMENDMENT NO. 1818 thereof the following: one or more enforceable agreements estab- On page 1, line 8 insert before the semi- ‘‘Petition for alternative means of compliance lishing alternative methods of compliance colon the following: ‘‘, except that this sub- ‘‘(a) IN GENERAL.—Any entity subject to for the facilities subject to the petition in paragraph shall not apply to more than 150 one or more human health, safety or envi- lieu of the otherwise applicable rules. Not such rules (or sets of closely related rules) ronmental rules may petition an agency to withstanding any other provision of law, proposed by the agency during any fiscal modify or waive such rules. The petitioned such enforceable agreements may modify or year’’. agency is authorized to enter into one or waive the terms of any human health safety more enforceable agreements establishing al- or environmental rule, including any stand- AMENDMENT NO. 1819 ternative means to demonstrate compliance, ard, limitation, permit condition, order, reg- On page 1, line 8 insert before the semi- not otherwise permitted by such rules, to be ulation or other requirement issued by the colon the following: ‘‘, except that this sub- complied with in lieu of such rules. The peti- agency consistent with the requirements of paragraph shall not apply to more than 100 tion shall identify with reasonable speci- subsection (b) and (c), provided that the such rules (or sets of closely related rules) ficity, the facilities for which an alternative state in which the facility is located agrees proposed by the agency during any fiscal means of compliance is sought, the rules for to any modification or waiver of applicable year’’. which a modification or waiver is sought, the rules. If accepted by the owner or operator of proposed alternative means of compliance, a facility, compliance with such agreement and the proposed form of an enforceable shall be deemed to be compliance with the NUNN AMENDMENTS NOS. 1820–1821 agreement. laws and rules identified in the agreement. (Ordered to lie on the table.) ‘‘(b) STANDARDS.—(1) The agency shall An agreement entered into under this sec- Mr. NUNN submitted two amend- grant a petition under this section if the tion shall provide for enforcement as if it agency determines that the petitioner shows ments intended to be proposed by him were a provision of the rule or rules being there is a reasonable likelihood that the al- modified or waived. to amendment No. 1698 submitted by ternative means of compliance— ‘‘(g) NEPA NONAPPLICABILITY.—Approval of him to the bill S. 343, supra; as follows: (A) would achieve an overall level of pro- an alternative means of compliance under tection of health, safety and the environ- AMENDMENT NO. 1820 this section by an agency shall not be con- ment at least substantially equivalent to or On page 1, line 8 insert before the semi- sidered a major Federal action for purposes exceeding the level of protection provided by colon the following: ‘‘, except that this sub- of the National Environmental Policy Act. the rules subject to the petition; paragraph shall not apply to more than 100 ‘‘(h) JUDICIAL REVIEW.—A decision to grant such rules (or sets of closely related rules) (B) would provide a degree of public access to information, and of accountability and en- or deny a petition, or to enter into an en- proposed by the agency during any fiscal forceable agreement, under this section shall year’’. forceability, at least substantially equivalent to the degree provided by the rules sub- not be subject to judicial review. ject to the petition; and ‘‘(i) SAVINGS CLAUSE.—A decision to grant AMENDMENT NO. 1821 (C) would not impose an undue burden on or deny a petition or enter into an enforce- On page 1, line 8 insert before the semi- the agency responsible for enforcing the able agreement shall not create any obliga- colon the following: ‘‘, except that this sub- agreement entered into pursuant to sub- tion on an agency to modify any regulation. paragraph shall not apply to more than 150 section (f). such rules (or sets of closely related rules) (2) In making the determinations under proposed by the agency during any fiscal this subsection, the agency shall take into year’’. account any relevant cross media effects of HATCH (AND LOTT) AMENDMENT the proposed alternative means of compli- NO. 1824 JOHNSTON AMENDMENT NO. 1822 ance, and whether the proposed alternative (Ordered to lie on the table.) means of compliance would transfer any sig- (Ordered to lie on the table.) nificant human health, safety or environ- Mr. HATCH (for himself and Mr. Mr. JOHNSTON submitted an amend- mental effects between populations or geo- LOTT) submitted an amendment in- ment intended to be proposed by him graphic locations. tended to be proposed by them to the to amendment No. 1574 submitted by ‘‘(c) OTHER PROCEDURES.—If the statute au- bill S. 343, supra; as follows: Mr. LAUTENBERG to amendment No. thorizing a rule subject to a petition under this section provides specific available proce- In lieu of the matter proposed insert the 1487 proposed by Mr. DOLE to the bill S. following: ‘‘No chemical may be included on 343, supra; as follows: dures or standards allowing an alternative means of compliance for such rule, which are the list described in subsection (c) of this In lieu of the matter proposed to be in- neither designed to assist the implementa- section if exposures from reasonably antici- serted, insert the following: tion of the existing method of compliance pated releases cannot reasonably be antici- ‘‘(d) TOXICS RELEASE INVENTORY STAND- nor codifications of the constitutional right pated to cause the adverse effects described ARDS.—Section 313(d) of the Emergency to petition the government,such petition in subsection (d)(2)(B) or (d)(2)(C). Planning and Community Right-to-Know shall be reviewed consistent with such proce- ‘‘Nothing in this section shall be construed Act of 1986 (42 U.S.C. 11023(d)) is amended by dures or standards. to require the Administrator or a person to adding the following to the end of paragraph ‘‘(d) PUBLIC NOTICE AND INPUT.—No later carry out a risk assessment under Section (2): than the date on which the petitioner sub- 633 of Title 5, US Code, or a site-specific ‘‘No chemical may be included on the list de- mits the petition to the agency, the peti- analysis to establish actual ambient con- scribed in subsection (c) of this section, if tioner shall inform the public of the submis- centrations or to document adverse effects the chemical has low toxicity to human sion of such petition (including a brief de- at any particular location.’’

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10432 CONGRESSIONAL RECORD — SENATE July 20, 1995 THE LEGISLATIVE BRANCH MURRAY AMENDMENT NO. 1827 At the end of SEC. 308(b)(2) insert: APPROPRIATIONS ACT, 1996 (c) The amendments made by this section Mr. EXON (for Mrs. MURRAY) pro- shall take effect only if the Administrative posed an amendment to amendment Conference of the United States ceases to No. 1825 proposed by Mr. GRAMM to the GRAMM AMENDMENT NO. 1825 exist prior to the completion and submission bill, H.R. 1825, supra; as follows: of the study to the Board as required by Sec- Mr. GRAMM proposed an amendment Strike all after the first word and insert: tion 230 of the Congressional Accountability to the bill H.R. 1854, supra; as follows: ‘‘None of the funds made available in this Act of 1995 (2 U.S.C. 1371). At the appropriate place, insert the fol- Act may be used for any program for the se- lowing new section: lection of Federal Government contractors BINGAMAN AMENDMENT NO. 1831 SEC. . PROHIBITION ON FUNDING OF CONTRACT when such program results in the award of Mr. MACK (for Mr. BINGAMAN) pro- AWARDS BASED ON RACE, COLOR, Federal contracts to unqualified persons, in NATIONAL ORIGIN, OR GENDER. reverse discrimination, or in quotas, or is in- posed an amendment to the bill, H.R. (a) PROHIBITION.—For fiscal year 1996, none consistent with the decision of the Supreme 1854; supra; as follows: of the funds made available by this Act may Court of the United States in Adarand Con- At the end of the bill, add the following: be used by any unit of the legislative branch structors, Inc. v. Pena on June 12, 1995.’’ This SEC. . (a) The head of each agency with of the Federal Government to award any section shall be effective one day after en- responsibility for the maintenance and oper- Federal contract, or to require or encourage actment.’’ ation of facilities funded under this Act shall the award of any subcontract, if such award take all actions necessary to achieve during is based, in whole or in part, on the race, DOLE AMENDMENT NO. 1828 fiscal year 1996 a 5-percent reduction in fa- color, national origin, or gender of the con- Mr. MACK (for Mr. DOLE) proposed an cilities energy costs from fiscal year 1995 lev- tractor or subcontractor. amendment to the bill, H.R. 1854; els. The head of each such agency shall (b) OUTREACH AND RECRUITMENT ACTIVI- transmit to the Treasury of the United TIES.—This section does not limit the avail- supra; as follows: States the total amount of savings achieved ability of funds for technical assistance, ad- On page 27 of the bill, strike all between under this subsection, and the amount trans- vertising, counseling, or other outreach and lines 1–25, and insert the following: mitted shall be used to reduce the deficit. recruitment activities that are designed to CAPITOL GUIDE SERVICE (b) The head of each agency described in increase the number of contractors or sub- For salaries and expenses of the Capitol subsection (a) shall report to the Congress contractors to be considered for any contract Guide Service, $1,628,000, to be disbursed by not later than December 31, 1996, on the re- or subcontract opportunity with the Federal the Secretary of the Senate: Provided, That sults of the actions taken under subsection Government, except to the extent that the none of these funds shall be used to employ (a), together with any recommendations as award resulting from such activities is more than thirty-three individuals: Provided to how to further reduce energy costs and based, in whole or in part, on the race, color, further, That the Capitol Guide Board is au- energy consumption in the future. Each re- national origin, or gender of the contractor thorized, during emergencies, to employ not port shall specify the agency’s total facili- or subcontractor. more than two additional individuals for not ties energy costs and shall identify the re- (c) HISTORICALLY BLACK COLLEGES AND UNI- more than one hundred twenty days each, ductions achieved and specify the actions VERSITIES.—This section does not limit the and not more than ten additional individuals that resulted in such reductions. availability of funds for activities that ben- for not more than six months each, for the efit an institution that is a historically Capitol Guide Service. MACK AMENDMENT NO. 1832 Black college or university on the basis that SPECIAL SERVICES OFFICE the institution is a historically Black col- Mr. MACK proposed an amendment lege or university. For salaries and expenses of the Special to the bill, H.R. 1854; supra; as follows: Services Office, $363,000, to be disbursed by (d) EXISTING AND FUTURE COURT ORDERS.— the Secretary of the Senate. On page 60, line 1, strike all through the This section does not prohibit or limit the period on line 17. availability of funds to implement a— (1) court order or consent decree issued be- SIMON (AND OTHERS) f fore the date of enactment of this Act; or AMENDMENT NO. 1829 EMERGENCY SUPPLEMENTAL AP- (2) court order or consent decree that— Mr. MACK (for Mr. SIMON for himself, PROPRIATIONS AND RESCIS- (A) is issued on or after the date of enactment of this Act; and Mr. Reid, Mr. SIMPSON, Mr. LOTT and SIONS ACT OF 1995 (B) provides a remedy based on a finding of Ms. MOSELEY-BRAUN) proposed an discrimination by a person to whom the amendment to the bill, H.R. 1854; order applies. supra, as follows: WELLSTONE (AND MOSELEY- (e) EXISTING CONTRACTS AND SUB- At the appropriate place, insert the fol- BRAUN) AMENDMENT NO. 1833 CONTRACTS.—This section does not apply lowing new section: Mr. WELLSTONE (for himself and with respect to any contract or subcontract SEC. . REPEAL OF PROHIBITIONS AGAINST PO- Ms. MOSELEY-BRAUN) proposed an entered into before the date of the enact- LITICAL RECOMMENDATIONS RE- ment of this Act, including any option exer- LATING TO FEDERAL EMPLOYMENT. amendment to the bill (H.R. 1944) mak- cised under such contract or subcontract be- (a) IN GENERAL.—(1) Section 3303 of title 5, ing emergency supplemental appropria- fore or after such date of enactment. United States Code, is repealed. tions for additional disaster assistance, (f) DEFINITION.—As used in this section, the (b) TECHNICAL AND CONFORMING AMEND- for anti-terrorism initiatives, for as- term ‘‘historically Black college or univer- MENTS.—(1) The table of sections for chapter sistance in the recovery from the trag- sity’’ means a part B institution, as defined 33 of title 5, United States Code, is amended edy that occured at Oklahoma City, in section 322(2) of the Higher Education Act by striking out the item relating to section and making rescissions for the fiscal of 1965 (20 U.S.C. 1061(2)). 3303. (2) Section 2302(b)(2) of title 5, United year ending September 30, 1995, and for other purposes; as follows: MURRAY (AND OTHERS) States Code, is amended to read as follows: ‘‘(2) solicit or consider any recommenda- On page 38, strike lines 24 and 25 and insert AMENDMENT NO. 1826 tion or statement, oral or written, with re- the following: ‘‘under this heading in Public Mrs. MURRAY (for herself, Mr. spect to any individual who requests or is Law 103–333, $204,000 are rescinded: Provided, DASCHLE, Ms. MOSELEY-BRAUN, Mr. under consideration for any personnel action That section 2007(b) (relating to the adminis- unless such recommendation or statement is DODD, Mrs. FEINSTEIN and Mr. COHEN) trative and travel expenses of the Depart- based on the personal knowledge or records proposed an amendment to amendment ment of Defense) is amended by striking ‘‘re- of the person furnishing it and consists of— scinded’’ the last place the term appears and No. 1825 proposed by Mr. GRAMM to the ‘‘(A) an evaluation of the work perform- inserting ‘‘rescinded, and an additional bill, H.R. 1825, supra; as follows: ance, ability, aptitude, or general qualifica- amount of $319,000,000 is rescinded’’: Provided In lieu of the text proposed to be inserted, tions of such individual; or further, That of the funds made available’’. insert the following: ‘‘None of the funds ‘‘(B) an evaluation of the character, loy- Beginning on page 34, strike line 24 and all made available in this Act may be used for alty, or suitability of such individual;’’. that follows through page 35, line 10, and in- any program for the selection of Federal sert the following: ‘‘Public Law 103–333, Government contractors when such program LIEBERMAN (AND GRASSLEY) $1,125,254,000 are rescinded, including results in the award of Federal contracts to AMENDMENT NO. 1830 $10,000,000 for necessary expenses of con- unqualified persons, in reverse discrimina- struction, rehabilitation, and acquisition of tion, or in quotas, or is inconsistent with the Mr. MACK (for Mr. LIEBERMAN, for new Job Corps centers, $2,500,000 for the decision of the Supreme Court of the United himself, and Mr. GRASSLEY) proposed School-to-Work Opportunities Act, $4,293,000 States in Adarand Constructors, Inc. v. Pena an amendment to the bill, H.R. 1854; for section 401 of the Job Training Partner- on June 12, 1995.’’ supra; as follows: ship Act, $5,743,000 for section 402 of such

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10433 Act, $3,861,000 for service delivery areas mittee on Labor and Human Resources trust instrument from receiving information under section 101(a)(4)(A)(iii) of such Act, be authorized to meet for a hearing on on the total cash value of any interest in a $100,010,000 for carrying out title II, part C of Organ Transplant Act Reauthorization, qualified blind trust on the date of enact- such Act, $2,223,000 for the National Commis- during the session of the Senate on ment of this section, the amendment made sion for Employment Policy and $500,000 for by this section shall apply with respect to the National Occupational Information Co- Thursday, July 20, 1995, at 9:30 a.m. reports filed under title I of the Ethics in ordinating Committee: Provided, That of The PRESIDING OFFICER. Without Government Act of 1978 for calendar year such $1,125,254,000, not more than $43,000,000 objection, it is so ordered. 2001 and thereafter. may be rescinded from amounts made avail- SUBCOMMITTEE ON AFRICAN AFFAIRS able to carry out part A of title II of the Job Mr. MACK. Mr. President, I ask f Training Partnership Act, not more than unanimous consent that the Sub- $35,600,000 may be rescinded from amounts committee on African Affairs of the made available to carry out title III of the ADDITIONAL STATEMENTS Job Training Partnership Act, and no por- Committee on Foreign Relations be au- tion may be rescinded from funds made thorized to meet during the session of available to carry out section 738 of the the Senate on Thursday, July 20, 1995, Stewart B. McKinney Homeless Assistance at 2 p.m. THE NASA AUTHORIZATION BILL Act: Provided further, That service delivery The PRESIDING OFFICER. Without FOR FISCAL YEAR 1996 areas may’’. objection, it is so ordered. On page 41, strike lines 6 through 11 and in- ∑ Mr. BURNS. Mr. President, yester- sert the following: ‘‘Public Law 103–333, SUBCOMMITTEE ON DRINKING WATER, $91,959,000 are rescinded as follows: From the FISHERIES, AND WILDLIFE day, Senator PRESSLER and I intro- Elementary and Secondary Education Act, Mr. MACK. Mr. President, I ask duced the NASA authorization bill for title II–B, $29,000,000 title V–C, $16,000,000, unanimous consent that the Sub- fiscal year 1996 which I have enthu- title IX–B, $3,000,000, title X–D, $1,500,000, committee on Drinking Water, Fish- siastically cosponsored. The bill au- title X–G, $1,185,000, section 10602, $1,399,000, eries, and Wildlife be granted permis- thorizes a total of $13.8 billion for the and title XIII–A,’’. sion to conduct a hearing Thursday, agency, a 3-percent decrease from the Beginning on page 43, strike line 25 and all requested level of $14.26 billion. That that follows through page 44, line 2, and in- July 20, at 9 a.m., on reauthorization of sert the following: ‘‘Public Law 103–333, the Endangered Species Act. funding should allow NASA to continue $13,425,000 are rescinded as follows: From the The PRESIDING OFFICER. Without the important missions that already Elementary and Secondary Education Act, objection, it is so ordered. are underway such as space station, title III–B, $5,000,000, title’’. SUBCOMMITTEE ON SOCIAL SECURITY AND Mission to Planet Earth, and the aero- On page 107, line 21, (relating to the admin- FAMILY POLICY nautics and space science programs. It istrative and travel expenses of the Depart- Mr. MACK. Mr. President, I ask should also prepare NASA for the fu- ment of Defense) strike ‘‘$50,000,000’’ and insert ‘‘$382,342,000’’. unanimous consent that the Sub- ture by authorizing several new mis- committee on Social Security and sions, such as an effort to develop a f Family Policy of the Committee on Fi- shuttle replacement and a new radar AUTHORITY FOR COMMITTEES TO nance be permitted to meet on Thurs- satellite program. MEET day, July 20, 1995, beginning at 9:30 Mr. President, as you know, we are in COMMITTEE ON COMMERCE, SCIENCE AND a.m. in room SR–418, to conduct a hear- a budget crisis of sorts and NASA de- TRANSPORTATION ing on international population assist- serves a great deal of credit as one of Mr. MACK. Mr. President, I ask ance programs and S. 1029, the Inter- few Federal agencies to respond to it unanimous consent that the Com- national Population Stabilization and early and responsibly. In 3 years, NASA mittee on Commerce, Science, and Reproductive Health Act. cut the space shuttle budget from $4 Transportation be allowed to meet dur- The PRESIDING OFFICER. Without billion to $3.1 billion. It developed a re- ing the Thursday, July 20, 1995, session objection, it is so ordered. design of space station that was $5 bil- of the Senate for the purpose of con- f lion less expensive than the earlier ducting an executive session and mark- NOTICE OF INTENTION TO AMEND space station Freedom concept. Mission up. to Planet Earth has been reduced from The PRESIDING OFFICER. Without THE STANDING RULES OF THE SENATE a $17 billion armada of satellites to a $7 objection, it is so ordered. billion focused satellite system. Earlier Mr. BROWN. Mr. President, I submit COMMITTEE ON FINANCE this year, faced with the prospect of the following notice in writing: ‘‘In ac- Mr. MACK. Mr. President, I ask deep congressional budget cuts across cordance with rule V of the Standing unanimous consent that the Finance all of the Government, NASA took the Rules of the Senate, I hereby give no- Committee be permitted to meet on initiative and developed a plan to cut tice in writing that it is my intention Thursday, July 20, 1995, beginning at $5 billion in 5 years, without reducing to move to amend Senate Rule 34.’’ 9:30 a.m. in room SD–215, to conduct a program content. hearing on Medicare. At the appropriate place insert the fol- The PRESIDING OFFICER. Without lowing: But NASA did not stop there. This objection, it is so ordered. SEC. . FINANCIAL DISCLOSURE OF INTEREST IN year, it conducted a comprehensive QUALIFIED BLIND TRUST. COMMITTEE ON FOREIGN RELATIONS zero-based review of all of its activities Mr. MACK. Mr. President, I ask (a) IN GENERAL.—Rule XXXIV of the and programs to achieve even greater Standing Rules of the Senate is amended by unanimous consent that the Com- savings. That review looked at a broad adding at the end the following new para- range of money-saving measures such mittee on Foreign Relations be author- graph: ized to meet during the session of the ‘‘3. In addition to the requirements of para- as work force reductions, elimination Senate on Thursday, July 20, 1995, at 4 graph 1, Members, officers, and employees of of redundant activities, consolidation p.m. the Senate shall include in each report filed of functions, and operating more effi- The PRESIDING OFFICER. Without under paragraph 2 an additional statement ciently. I understand that, within the objection, it is so ordered. under section 102(a) of the Ethics in Govern- administration, NASA’s efforts are ment Act of 1978 listing the category of the COMMITTEE ON THE JUDICIARY often cited as the model for rein- total cash value of any interest of the re- venting government. Mr. MACK. Mr. President, I ask porting individual in a qualified blind trust unanimous consent that the Com- as provided in section 102(d)(1) of the Ethics After 3 consecutive years of brutal mittee on the Judiciary be authorized in Government Act of 1978.’’. budget cuts, NASA is now down to the to hold a business meeting during the (b) EFFECTIVE DATE.— bone. To require additional reductions session of the Senate on Thursday, (1) IN GENERAL.—Except as provided in would force NASA to cancel important July 20, 1995, at 8:30 a.m. in SD226. paragraph (2), the amendment made by this space programs, close vital facilities, The PRESIDING OFFICER. Without section shall apply with respect to reports or layoff essential skilled personnel. objection, it is so ordered. filed under title I of the Ethics in Govern- ment Act of 1978 for calendar year 1996 and That would decimate the Nation’s COMMITTEE ON LABOR AND HUMAN RESOURCES thereafter. science and technology base. Equally Mr. MACK. Mr. President, I ask (2) EXCEPTION.—With respect to an indi- important, it would decimate the mo- unanimous consent that the Com- vidual who is precluded by the terms of the rale of the good men and women who

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10434 CONGRESSIONAL RECORD — SENATE July 20, 1995 have made our space program the sub- port of supersonic aircraft. It is esti- health care coverage for pregnant ject of movies like ‘‘Apollo 13’’ and in- mated that the first country to market women and children six and under. spired thousands of scientists, engi- such an aircraft stands to gain $200 bil- I am pleased that Senator CHAFEE of neers, and schoolchildren across our lion in sales and 140,000 new jobs. Simi- Rhode Island has expressed an interest country. larly, the advanced subsonic tech- in the legislation. It is time for the bloodletting to stop nology program funds research in sup- I hope we can emerge with a bipar- and to give NASA the support it needs port of subsonic airplanes—a market tisan consensus to at least cover preg- to face the challenges of the future. that generates one million jobs and nant women and children six and This NASA authorization bill is de- contributes over $25 billion annually to under. That would take care of the signed to do just that. the U.S. trade balance. These programs needs of this one family, at least for a The bill provides the full $2.1 billion are money-makers and it is in the na- short time, and protect a great many requested level for space station. This tional interest to give them whatever others. program is NASA’s most costly, com- support they need. Accordingly, our It is not a substitute for universal plex, and controversial activity and we NASA bill authorizes aeronautics re- coverage, but it is a step in the right are all aware of the many criticisms search at the requested level of $891 direction. leveled against it. However, space sta- million for fiscal year 1996. I ask that Mrs. Davis’ letter be print- tion is precisely the kind of bold vision As a final point, Mr. President, I note ed in the RECORD. that NASA was created to pursue. that the bill also authorizes a collec- Space station will enable the United tion of activities and initiatives de- The letter follows: JUNE 19, 1995. States and the international science signed to extend NASA’s vision to in- Hon. PAUL SIMON, community to conduct unique micro- clude our rural States. Our rural U.S. Senator, United States Congress, Wash- gravity research and expand our States can make an enormous con- ington, DC. knowledge about humans’ ability to tribution to the civilian space program DEAR SENATOR SIMON: I am writing to you live and work in space. If past missions if only given the chance. For example, with a very distressing problem. are any indication, the space station in May, Prof. Steve Running of the Our granddaughter was born May 2, 1994 16 will undoubtedly yield breakthroughs University of Montana testified before weeks premature. At the time of her birth, in biomedicine and advanced materials. the Science Subcommittee about his her mother had been unemployed because of We can probably also expect exciting efforts to use remote sensing satellite medical problems; her father was laid off in data in forest and crop management. April of that year from his job. They applied spinoffs just as past space missions for assistance and received care for mother have spawned microelectronics, pace- To embrace our rural States in our space program, the bill contains a $2 and baby. Bethany was in the hospital for 4 makers, advance water filtration sys- months, and although doing well, she has tems, communications, and many million increase for the EPSCoR pro- lost her eye sight. She is in therapy for work other products and services we now gram, which funds important research on her hip joints and she had allergies and take for granted. in our rural States. It also funds an- has a history of respiratory problems. They I must admit concern about the other Rural Teacher Resource Center moved in with us shortly after Jennifer was heavy reliance of the current station to the existing nine Centers, as well as dismissed from the hospital, because they plan on the Russians. I remain troubled an additional rural technology transfer had no income. We are in the ministry and live in a parsonage. by the possibility that the program and commercialization center, to fill in In November of last year, Andy went back might collapse if the Russians were to coverage gaps in those two programs. Further, it provides funding for an to work and they were able to secure a house withdraw for any reason. However, I for $150.00 per month. Andy brings home am still a strong Station supporter and Upper Missouri River Basin hydrology about $150 after taxes. As it should be, Jen- the full funding provided in the bill project. This project should help the nifer was picked up by Andy’s insurance, will keep the program on track for a Nation develop better strategies for however, Bethany remained on a medical first element launch in 1997. predicting, and responding to, the card because her dad’s insurance, Blue Cross The bill also provides full funding for flooding and other water management and Blue Shield, refused to cover her. Beth- Mission to Planet Earth. Mission to problems that have plagued the Mis- any is in therapy for her legs, regular doctor Planet Earth is NASA’s $7 billion sat- souri River region in recent years. visits, and she has had two surgeries on her eyes last October in Detroit. She is sched- ellite program aimed at studying how Mr. President, I believe that this bill provides NASA with the support it re- uled to have more surgeries. However, it is the oceans, land, and atmosphere work understood that she will probably only have as a system in order to understand and quires to continue and build on its im- light vision. predict global climate change. For portant work in space and aeronautics Cost of living became so that Jennifer was those of us representing farm States, and I urge my colleagues to support forced to return to work just to keep rent weather and water are our lifeblood. this legislation when it reaches the and utilities paid. This past week, Jennifer Mission to Planet Earth promises dra- floor later this year. Thank you, Mr. and Andy were notified that Bethany would matic improvements in our ability to President.∑ be losing her medical card and all coverage as of July 1, just because her mother had f predict climate change and manage our gone back to work. Jennifer works for Ken- scarce water resources. If those expec- COMPREHENSIVE HEALTH CARE tucky Fried Chicken and brings home about tations are met, the program will eas- Mr. SIMON. Mr. President, the need $150 per week. Beth does receive SSI of about ily pay for itself in lives and property for comprehensive health care is appar- $401 per month. By losing these medical ben- saved and improved water manage- efits, she will not be able to keep regular of- ent in the numbers. We have 41 million ment. fice visits, because the clinic requires pay- Americans without health care cov- Mr. President, in my view, one of the ment each and every time, she can no longer erage. most important areas within NASA is go to Detroit for eye surgery because the But these are not just numbers. aeronautics—the first A in NASA. For doctor won’t take her without coverage, and We are talking about real people and she probably will have to give up the therapy many years, aeronautics seemed to be real problems. on her legs, because they cannot afford the reduced to a small A status. It always When you look at the individual costs. seemed to take a back seat to the high- cases, you see the tragedy of our Tell me what they are suppose to do. Both er-profile space missions. However, present policy. insurance coverage that their jobs provide, under Dan Goldin’s leadership, that is At the end of my remarks, I am in- refuse to insure Bethany and now she is los- beginning to change and NASA is giv- serting into the RECORD a letter from ing her assistance. These two young kids and ing aeronautics the backing it de- Mrs. Mary Davis that is largely self-ex- Bethany have been through a lot this last serves. year. Now they have a blind child who can- planatory. not get assistance. Can something be done? To me, the aeronautics research is It tells what is happening in one fam- critical to maintaining U.S. techno- I wouldn’t have your job for nothing. Being ily. in the ministry, we realize just how difficult logical leadership and aerospace com- Why we cannot respond, I do not it is to please everyone, but I don’t care if petitiveness. For instance, the high know. you are Democrat or Republican, I am nei- speed research program is developing As some of my colleagues know, I ther, but someone has to do something about pre-competitive technologies in sup- have introduced a bill calling for medical coverage.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10435 I believe you are trying. But tell me where their elected representatives at every our country. If putting people in prison do you go to get help for the innocent chil- level of government and then making reduced the crime rate, we would have dren. She cannot go on medicaid or medi- it their responsibility to keep those of- the lowest crime rate in the world, care, because she has not worked and not put ficials informed. He facilitates their in- with the possible exception of Russia. anything into the system. She will never be able to read, drive or get around on her own. volvement through a toll-free hotline, While Professor Fellmeth zeroes in I realize that technology may be available in numerous personal appearances and— on the California situation, it is worth- years to come that will be beneficial to her, perhaps most important—leading by while for my House and Senate col- but what is going to happen to her now. example, through frequent visits to his leagues to read what he has to say be- I hope that you will be able to read this. I Members of Congress and, on occasion, cause they will find a striking know that we are just a small amount of the delivering testimony before congres- similiarity between the California ac- millions you must hear from daily, but I just sional committees. tion and the Federal action. couldn’t sit and do nothing with my distress With his sister, Cindy, Mr. Brennan and care for this beautiful little girl who is I ask that his statement be printed in struggling to live. owns and operates two award-winning the RECORD. God bless you and your family. May you restaurants in the New Orleans French The material follows: gain the wisdom and the ability to lead us to Quarter, thereby helping to preserve [From the Los Angeles Times, July 5, 1995] a better way of life for everyone. the rich culinary heritage of that great CALIFORNIA: A SOCIETY THAT CUTS CHILD Respectfully yours, city which his family has successfully WELFARE BUT BOOSTS JAILS MARY F. DAVIS.∑ endeavored to do for three generations. (By Robert C. Fellmeth) f But, as an industry leader, he is determined to preserve far more than just a Despite what we often hear from the gov- BILL SMULLIN HONORED ernor and the Legislature, spending for the great family tradition. Mr. Brennan welfare of our children has been in steady de- ∑ Mr. HATFIELD. Mr. President, the has dedicated his life to preserving the broadcasting and cable industry will cline. boundless opportunities that food serv- An example: The governor claims to have honor an Oregon legend this fall, when ice affords individuals the rest of soci- given politically popular K–12 public edu- television pioneer Bill Smullin will be ety could ignore, like recent immi- cation ‘‘high priority’’ and ‘‘saved it from inducted into the Broadcasting and grants, those without education or pro- cuts’’ for the last several years. But figures Cable Hall of Fame. fessional skills, and those on public as- from the second annual Children’s Budget, Bill’s life is remembered for his con- sistance. Entry-level restaurant posi- completed by the Children’s Advocacy Insti- tributions and achievements, including tions—washing dishes, bussing tables, tute, show a steady decline each year, in- the establishment of broadcast and cluding proposed spending for 1995–96. assisting with food preparation—are a At the federal level, Congress proposes to cable television in southern Oregon and proven first step up a viable career lad- northern California. In 1930, Bill change child spending from ‘‘entitlements’’ der for millions of Americans; in fact, based on how many children qualify for as- Smullin founded Oregon-California 60 percent of today’s restaurant owners sistance to ‘‘block grants,’’ set at a static Broadcasting, Inc., and later began the and managers started out in what some figure for five years. The Republican leader- fist VHF television station in Oregon. unknowing and insensitive people ship contends that such a policy will curb His company provided cable television might refer to as dead-end restaurant what it calls ‘‘runaway spending.’’ In con- in the region by transmitting signals jobs. In the restaurant business, up- trast, the Children’s Budget reveals that via microwave from Portland and San such a freeze means substantial reductions ward mobility is the rule rather than year to year, imposed without consideration Francisco to southern Oregon. the exception. Those of us who had the honor of of need or consequences. Mr. President, as this Congress con- Budgets based on raw numbers, or numbers knowing Bill have fond personal memo- tinues its debate on welfare reform, I with only inflation or only population ries. He was as giving to the commu- salute Mr. Brennan for working to en- changes considered—but not adjusted by nity as to his friends. I know his family sure that the unmatched employment both—slowly but inexorably squeeze out in- is pleased that he is being afforded this and training opportunities afforded by frastructure investment. In California this prestigious professional honor and send the food service industry will be some- failure has allowed a largely undiscussed dis- my congratulations to them.∑ thing all Americans can be proud of in investment in children to accumulate over the past six years. f ∑ the future. From 1989–90 to the current year, Aid to A TRIBUTE TO RALPH O. BRENNAN f Families With Dependent Children has been ∑ CALIFORNIA: A SOCIETY THAT cut 20%, the three child-related Medi-Cal ac- Mr. BREAUX. Mr. President, I rise counts an average of 23% and public edu- today to pay tribute to a fellow Louisi- CUTS CHILD WELFARE BUT cation 7.5% anian, Mr. Ralph O. Brennan, who will BOOSTS JAILS The consequences in terms of flesh and be honored August 4 by the Louisiana Mr. SIMON. Mr. President, I do not blood are momentous: The Children’s Budget Restaurant Association for his distin- believe I have ever met Prof. Robert C. reveals that AFDC for 1.8 million children in guished career in the food service in- Fellmeth of the University of San California has been cut from close to the fed- dustry. A member of the world-famous Diego, but I read what he had to say in eral poverty line to only 75% of that wholly Brennan restaurant family of New Or- inadequate amount. The governor now pro- the Los Angeles Times about cutting poses to reduce AFDC to just 64% of the pov- leans, Mr. Brennan has long exempli- back on assistance to the poor while, erty-line figure, posing a clear danger of fied a commitment to community serv- at the same time, we hand largess to malnutrition and permanent health damage. ice, participatory democracy and cre- the wealthy. Wilson also proposes further cuts in AFDC ating opportunities for all Americans. Statistics differ somewhat, but the assistance after six months of help; the Re- He has diligently served, and con- California situation mirrors the na- publican House would cut children off alto- tinues to serve, the $290 billion food tional situation. gether after two years if Mom does not have service industry and its 9.4 million em- If we are doing what is politically a job. ployees. A past president of the Lou- popular, I do not know, but what we Ironically, the same gradual suffocation isiana Restaurant Association, he cur- has been applied to GAIN, the major pro- are doing is certainly wrong. gram providing child care and job training rently is chairman of the board and What we need is not Senators and for AFDC mothers. Here there is a 9% de- president of the National Restaurant House Members who follow the latest cline from 1989 and a proposed further cut of Association, a major trade group here public opinion poll on tax cuts or any- 12%. in Washington. He is also a trustee of thing else, but people who try to lead, The typical AFDC recipient—contrary to the Association’s educational founda- and sometimes do the unpopular, in public perception—is 29, white, recently dition, and will be an industry delegate order to reduce poverty in our country, vorced, with two children and no child sup- to the first White House Conference on to improve education and to do the port. Her problem is not a desire for welfare Travel and Tourism in October 1995. In dependency but the far more prevalent di- things that are needed for a better fu- lemma of paternal abandonment. Is it rel- all of these capacities he urges inde- ture. evant that childcare help and job training, pendent restaurateurs from around the The incredible increase in prison con- without which she does not have a chance, country to participate fully in the struction and incarceration has done have been cut? Less than 10% of AFDC par- democratic process by getting to know nothing to decrease the crime rate in ents get child-care help.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10436 CONGRESSIONAL RECORD — SENATE July 20, 1995 The minimum wage is another example. If support is strong, stable, and loving, the country. The ninth circuit has it had been adjusted to match inflation over children have a sound basis for becom- prided itself on its experiments in judi- the past 20 years, it would be just above ing caring and competent adults. In cial administration, and has been a na- $12,000, the federal poverty line for a family contrast, when parents are unable to tional leader in developing innovative of three. But if our typical divorced mother of two obtains full-time employment at min- give children the attention and support caseload management and court ad- imum wage (as many must do), she will earn they need in the home and for school, ministration techniques. $8,840 before deductions—about what full- children are less likely to achieve their The vast majority of judges, lawyers, time child care for her children will cost. full potential. As a result, many of our and bar organizations in the ninth cir- Would we take such a population and cut Nation’s gravest social problems stem cuit have voted on several occasions their wages every year by 3% to 5%? That is from problems in our families. against the division of the circuit. what the current numbers accomplish. However, Mr. President, there is gen- Mr. President, I urge my colleagues We are spending more in one area: jailing uine reason for hope and optimism. In to oppose this bill and to resist the of criminals. California now has the highest juvenile incarceration rate of any state, in a my home State of West Virginia, under temptation to meddle with an institu- nation with the highest juvenile incarcer- the leadership of local education offi- tion that is successfully administering ation rate among all developed countries. cials, a new program is changing the justice in the American West. California’s adult prison population has in- lives of children and their families. Its Just 4 years ago, a comprehensive creased from 19,000 in 1977 to 132,000 this development and expansion of commu- subcommittee hearing was held in the year, at an operating cost of $20,000 per pris- nity-based family support provides par- Senate on nearly identical legislation, oner per year. The state is now preparing for ents with the knowledge, skills, and and the proposal failed to emerge from 341,000 prisoners and 41 new prisons over the support they need to work with their committee. The proponents of S. 956 next eight years. Is there a relationship between unlimited prison spending and years of children and the school system. Its suc- have identified no new reasons or decreases in basic investment in children’s cess has been achieved through a col- change of circumstances to justify re- programs? laborative effort among State and Fed- opening this issue. To be sure, many of our problems can be eral programs, including chapter I and Mr. President, the ninth judicial cir- traced to private irresponsibility—a depend- other programs targeted for at-risk cuit has prepared a detailed position ency mentality by some and, for more, a students, and private sector efforts in paper opposing S. 956. I agree with the frightening abandonment of children by bio- the community. Each month, 2,000 spe- circuit’s reasoning, and I commend this logical fathers. But public spending makes a cial education guides are distributed, paper to my colleagues. I also urge difference. them to join me in opposing this bill Children Now indexes show that a record as well as news releases, public service 28.6% of California children live in poverty announcements, and radio reminders which is both unwise and unnecessary. and 20% have no access to private or public that focus the community on the need I ask that the complete text of the health care. We also have high infant dis- for parental involvement. Teacher ‘‘Position Paper in Opposition to S. ability, record low test scores and increas- training and support materials have 956—Ninth Circuit Court of Appeals Re- ingly violent juvenile crime. also been provided to every school in a organization Act of 1995’’ be printed in Each of these aspects has a relationship to successful effort to coordinate teacher, the RECORD. public spending. It is no accident that Cali- parent, and child activity both inside The material follows: fornia’s falling test scores, for example, cor- relate with the worst student-teacher ratio and outside of school. POSITION PAPER IN OPPOSITION TO S. 956— in the nation and a per-pupil spending level When I was chairman of the bipar- NINTH CIRCUIT COURT OF APPEALS REORGA- now nearing the bottom five states, just tisan National Commission on Chil- NIZATION ACT OF 1995 (6/22/95) ahead of Alabama and at half the level of dren, we urged individuals and the Prepared by: The Office of the Circuit Ex- New Jersey. country as a whole to reaffirm a com- ecutive for the United States Courts for the California is one of the richest jurisdic- mitment to forming and supporting Ninth Circuit, P.O. Box 193846, San Fran- tions in the world—we can boast of having strong, stable families as the best envi- cisco, California 94119–3486; Tel: 415–744–6150/ more vehicles than licensed drivers—and our Fax: 415–744–6179. [6/30/95] ronment for raising children. The West Proposed legislation: S. 956 would divide wealth increases each year. The governor Virginia TIPS Program is an extension predicts that personal income will increase the present Ninth Circuit into two unequal- 6% in each of the next two years. of that goal, and its success is a tribute sized circuits. The new Twelfth Circuit And our tax burden has decreased. In 1989– to those counties that have worked so would consist of the states of Alaska, Idaho, 90, we spend $6.88 from the general fund for hard to insure its development. The Montana, Oregon, and Washington (6 dis- every $100 in personal income; in the current parents, children, and teachers in these tricts), with 9 active circuit judges. The new year, we are spending $5.86 per $100, and the counties are providing new opportuni- Ninth Circuit would consist of the states of governor proposes a further reduction to ties for children and families. Their Arizona, California, Hawaii, and Nevada, and $5.50. At the same time, he is calling for a $7- the territories of Guam and the Northern commitment to make a difference has Mariana Islands (9 districts), with 19 active billion tax cut for the wealthy over the next ensured the success of the family, three years. circuit judges. Could the governor make his cutback pro- which is the best strategy for helping The Ninth Circuit opposes S. 956. The posals if the right numbers were used and our children. They deserve our support Ninth Circuit is functioning well and has de- understood? The fact is that for six years we and best wishes for continued success.∑ vised innovative ways of managing its case- have been giving to the wealthy and taking f load that are models for other circuits. As from the children. We just haven’t been talk- the nation’s largest circuit, it benefits from ing about it.∑ OPPOSITION TO S. 956, THE NINTH significant advantages because of its size and CIRCUIT COURT OF APPEALS RE- believes division of the circuit is unneces- f ORGANIZATION ACT OF 1995 sary and unwise. The Circuit Executive’s Of- WEST VIRGINIA EDUCATION fice for the United States Courts for the ∑ Mrs. MURRAY. Mr. President, I rise ∑ Ninth Circuit has prepared the following in- Mr. ROCKEFELLER. Mr. President, I in opposition to S. 956, a bill to divide formation in ‘‘question and answer’’ format rise today to congratulate and com- the ninth judicial circuit into two cir- to assist decisionmakers to understand the mend the counties of Mercer, Monroe, cuits. circuit’s position on S. 956. McDowell, Summers, Raleigh, and Wy- This is the fourth time since 1983 1. WHAT WOULD THE PROPOSED LEGISLATION oming in West Virginia and their com- that a bill to split the ninth circuit has DO? mitment to participating in a parental been introduced in the U.S. Senate. S. 956 would create two courts—one 19- involvement program called, Teachers The proposal has failed to become law judge court and one 9-judge court—in place Involving Parents Successfully [TIPS]. because the ninth circuit is operating of a single 28-judge court. A basic problem This program seeks to promote teach- well and providing uniform and con- with this proposal is that it creates more ad- ers working more closely with parents sistent interpretation of Federal laws ministrative problems than it solves. Quan- to help the children learn and succeed across the nine Western States, and the titatively, such a circuit court would have a in school. very small caseload. The aggregate number territories of Guam and the Northern of cases in such a circuit based on the most Too often, we forget that the condi- Mariana Islands. recent statistics would be 1935,1 making it tion of children’s lives and their future The courts of the ninth circuit are the circuit court with the second smallest prospects largely reflects the well- functioning well, and, in many in- caseload in the country,2 with only the First being of their families. When family stances, serve as models for the rest of Circuit court having fewer cases. Of the 11

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10437 regional circuits, the circuit court with the and costly, and requiring them to research appeals, especially those involving the death median volume is the Second, with 3,986 the law of two circuits for every potential penalty, also are of concern to the Senators. cases; the proposed northern circuit would be cross-circuit transaction. Potential incon- 141 Cong. Rec. S7504 (daily ed. May 25, 1995) less than half that number. Take away the sistencies would be especially troubling in (statement of Sen. Burns) The circuit’s spe- northern states, and the Ninth Circuit court the application of utility rates along the en- cific responses to these contentions are set would still have the largest volume in the tire Pacific seaboard by the Bonneville forth in the following sections. country. In short, such a proposal creates a Power Administration. These rate and ad- 6. HAS THE SIZE OF THE CIRCUIT ADVERSELY very small circuit and gives not much relief. ministrative disputes should remain in a sin- AFFECTED CONSISTENCY? In general, S. 956 presumes that two small- gle service area, the Ninth Circuit. Consistency of court of appeals decisions is On four occasions in the past 15 years, the er circuits will do a better job of maintain- important to provide coherent guidance to federal judges in the Ninth Circuit and elect- ing consistency and deciding cases promptly lower courts and litigants. The Ninth Circuit ed representatives of practicing lawyers who than the present circuit. The proposal ig- has instituted case management devices that participate in the Ninth Circuit Judicial nores the central fact of appellate dockets: have effectively reduced conflicts between Conference have voted overwhelmingly in caseloads are constantly growing and divid- panels and maintained a high level of con- opposition to splitting the circuit. The curing the circuit would simply create two sistency in its decisions. courts with increasing caseloads without rent Almanac of the Federal Judiciary, Vol. Since 1980, the use of a limited en banc dealing with the fundamental problems re- 2, based on extensive polling, reports that panel to resolve intracircuit conflicts has sulting from expanding caseloads with no in- the lawyers ‘‘almost unanimously praise’’ proven highly effective. All 28 active judges crease in judicial resources. the court, and, with regard to circuit split- participate in determining whether a case 2. HOW DOES THIS BILL DIFFER FROM EARLIER ting, ‘‘all seem to agree that such a division will be heard en banc. Each call for an en PROPOSED LEGISLATION? would be difficult and probably unsatisfac- banc vote leads to careful evaluation of the This is the ninth legislative proposal to tory.’’ (1995–1, 9th Cir.) development of the law of the circuit in that split the Ninth Circuit since 1940. It is nearly 4. ARE THERE ADVANTAGES TO A LARGE area. If a majority of the judges votes to identical (except for the alignment of Hawaii CIRCUIT? hear a case en banc (which happens less than and the Territories) to measures introduced A single court of appeals serving a large a dozen times a year), ten members of the by Senator Gorton in 1983, 1989, and 1991. geographic region promotes uniformity and court chosen at random plus the chief judge Each of those measures failed to emerge consistency in the law and facilitates trade serve as the limited en banc court. Judges from committee and died at the conclusion and commerce by contributing to stability and lawyers have expressed a high degree of of the legislative session. The Subcommittee and orderly progress. In many respects, the satisfaction with the limited en banc process; on Courts and Administrative Practice of the size of the Ninth Circuit is an asset that has only a handful of requests have been made Senate Committee on the Judiciary con- improved both decisionmaking and judicial for a full court rehearing after the limited en ducted a legislative hearing on the 1989 bill administration. The court of appeals is banc panel has issued a decision, and none (S. 948) on March 6, 1990. The sponsors of the strengthened and enriched, and the inevi- have been granted. current bill have advanced no reason for di- table tendency to regional parochialism is An objective, highly-praised scholarly viding the circuit that was not fully consid- weakened, by the variety and diversity of study of consistency of the law in the Ninth ered and rejected in 1990. They have pointed backgrounds of its judges drawn from the Circuit concluded ‘‘the pattern of [multiple to no change in circumstances that would nine states comprising the circuit. The size relevant precedents] exemplified by high vis- justify yet another examination of this of the circuit has also allowed the circuit to ibility issues. . . is not characteristic of issue. draw upon a large pool of district and bank- Ninth Circuit jurisprudence generally. Nor is 3. ARE THERE DRAWBACKS TO THE PROPOSED ruptcy judges for temporary assignment to intracircuit conflict.’’ Restructuring Justice: BILL? neighboring districts with a temporary but The Innovations of the Ninth Circuit and The acute need for judicial assistance. Future of the Federal Courts (1990). A recent The Ninth Circuit has functioned success- The Ninth Circuit is a national leader in FJC study reached a similar conclusion: fully in its present configuration for over 100 developing innovative solutions to caseload In sum, despite concerns about the pro- years. Any effort to abolish a successful, es- and administrative challenges. The ABA Ap- liferation of precedent as the courts of ap- tablished institution should be cautiously pellate Practice Committee’s Report appeals grow, there is currently little evidence examined. The proposed bill could create se- plauded three specific operational effi- that intracircuit inconsistency is a signifi- rious legal and administrative problems and ciencies: cant problem. Also, there is little evidence costs that do not now exist: . . .issue classification, aggressive use of that whatever intracircuit conflict exists is (1) the potential for inconsistent law relat- staff attorneys, and a limited en banc-[that] strongly correlated with circuit size. ing to admiralty, commercial trade, and were developed by the Ninth Circuit pre- Structural and Other Alternatives for the utilities along the Western seaboard, includ- cisely to address the issues of caseload and Federal Courts of Appeals (1993). ing Alaska, Hawaii, and the Territories; judgeship growth that the Subcommittee Of greater concern is the potential for in- (2) the opportunity for litigants to forum identified, and hold promise for other cir- creased Intercircuit conflicts that would be shop by filing their cases in whichever circuits as they continue to grow. (at p. 10). spawned by the division of circuits. Dividing cuit, northern or southern, they feel is most The Ninth Circuit has served as a labora- the Ninth Circuit would place an additional sympathetic to their cause; tory for experimentation in a host of other burden on the United States Supreme Court (3) the substantial cost of setting up dupli- areas—from decentralized budgeting to cam- to resolve conflicts that are now handled in- cative administrative structures; eras in the courts, from block case designa- (4) the loss of advantages of size (see Ques- ternally within the circuit. tions to improved state-federal judicial rela- Nor is keeping abreast of the decisions of tion #4, below); tions, from alternative dispute resolution to (5) the rejection of the expressed will of the the Ninth Circuit a significant problem. For appellate commissioners, from improved vast majority of the judges and lawyers in the past seven years, the number of pub- tribal court relations to alternative forms of the circuit who oppose its division. lished opinions issued by the circuit has re- Common sense suggests the inadvisability capital case representation. The results have mained relatively constant. In large part due of creating a new regional circuit that would inured to the benefit of the entire Judiciary. to efficiencies and innovative case manage- require duplication of functions that are al- As the congressionally-mandated Federal ment methods pioneered in the circuit, the ready being satisfactorily performed in a Courts Study Committee noted in 1990, ‘‘Per- court has been able to accurately identify larger circuit. Administratively, the cre- haps the Ninth Circuit presents a workable those selected precedential cases that truly ation of a new circuit would require duplica- alternative to the traditional model.’’ Final merit publication and those routine cases tive offices of clerk of court, circuit execu- Report of the Federal Courts Study Com- which are most appropriately disposed of by tive, staff attorneys, settlement attorneys, mittee (1990). a written decision sent only to the parties. and library, as well as courtrooms, mail and 5. WHAT IS THE POSITION OF THE SPONSORS? 7. IS THE NINTH CIRCUIT’S CASELOAD EXCESSIVE computer facilities. In addition, approxi- In remarks introducing S. 853 (the imme- WHEN COMPARED TO OTHER CIRCUITS? mately 40,000 square feet or new head- diate predecessor of S. 956 3), Senator Gorton While the caseload for the Ninth Circuit quarters space would be required, all of of Washington asserted the following Court of Appeals is the highest in the nation which would duplicate offices and space in grounds for the proposal: (1) a decrease in in absolute numbers, the caseload level is San Francisco. Further, a small circuit, with consistency of decisions due to size; (2) un- clearly not excessive when compared to its concomitant small caseload, would un- manageable caseloads; (3) inability to appre- other circuits, using either of two standard derutilize judicial resources and reduce the ciate the interests of the Northwest; and (4) measurement approaches. opportunities for efficiencies available to a a decline in the performance of the circuit. Because federal statutes require that near- larger circuit. 141 Cong. Rec. S7504 (daily ed. May 25, 1995) ly all of the work of an appellate court be Lawyers expressed particular concern that (statement of Sen. Gorton). Senator Burns of conducted by three-judge panels, the most dividing the extended coastline in the West Montana echoed his colleague’s concerns and accurate measure of a court’s ability to man- between two circuits would create incon- suggested employment and local economic age its caseload is the number of appeals sistent and conflicting application of mari- stability are threatened by delays in resolv- filed and terminated per panel. In 1994, the time, commercial, and utility law in the two ing lawsuits affecting timbering, mining, Ninth Circuit stood at 868 appeals filed per circuits, making commerce more difficult and water development. Delays in criminal panel, very close to the median of 832 and

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10438 CONGRESSIONAL RECORD — SENATE July 20, 1995 substantially below the numbers for the two porary buildings until late 1991. During this cantly relieved by structural change to the circuits that emerged from the split of the period, the court has 7257 new filings and the appellate system at this time. Structural Fifth Circuit in 1980. For the same year, the average length of time from filing the notice and other Alternatives for the Federal Ninth Circuit stood at 914 appeals termi- of appeal to final decision role to 15.6 Course of appeals (1993), at p. 155. nated per panel, slightly above the median of months. Since the court was consolidated in The Ninth Circuit is functioning well and 866. a single location in 1991, processing times is handling its caseload in a timely and re- Caseload levels may also be measured by have substantially improved. In 1994, the sponsible manner. It is a leader in innovative case terminations per judge. The current most recent period for which figures are case management techniques and its size of- Ninth Circuit rate of merit case termi- available, the court received 8092 new filings, fers numerous advantages, including: the ap- nations per judge is 446, a number which is and, despite vacancies, had reduced the aver- plication of a uniform body of law to wide exactly the national median. By either meas- age length of time from filing the notice of geographic area, economies of scale in case ure, the caseload levels in the Ninth Circuit appeal to final decision to 14.5 months, processing, the ability to serve as a labora- approach the middle range for federal appel- slightly less than the time required in the tory for experimentation in judicial adminis- late judges. Eleventh Circuit. tration and adjudication, and the diversity In contrast, under the proposed bill, the The average time from filing to disposi- of background of its members. The vast ma- new Twelfth Circuit, with nine judges, would tion, however, does not accurately reflect jority of judges and lawyers in the circuit seriously underutilize its judicial resources the time the cases are actually in the judges’ support retention of the circuit in its present and create huge disparities between the two hands. In the Ninth Circuit, the average time form and reject circuit division as a response circuits. Using projected Twelfth Circuit fil- from oral argument submission to disposi- to the caseload crisis. ings of 1935, a nine-judge court would have tion—that is, the actual time the judges Further Information Relating to the Issue 645 filings per panel. The new Ninth Circuit, have the cases in their hands—is 1.9 months, of Splitting the Ninth Circuit: with 19 judges and filings of 6391, would have or .5 months less than the national average. ABA Appellate practice Committee, sub- 1014 filings per panel, or 57% more cases per In short, what the court needs to reduce dis- committee to Study Circuit Size, Report panel when compared to the judges in the position times is more judges. Hundreds of (October 1992). Twelfth Circuit and the third highest per cases are available to be heard by judges; Baker, Thomas, ‘‘On Redrawing Circuit panel filings figure in the nation. there simply are not enough judges to hear Boundaries—Why the Proposal to Divide the 7. IS REGIONALISM APPROPRIATE FOR AN them. This is the ‘‘swell’’ in pending cases United States Court of Appeals for the Ninth APPELLATE COURT? referred to when S. 853 was introduced. 141 Circuit Is Not Such a Good Idea,’’ 22 Ariz. Sponsors of the legislation to divide the Cong. Rec. S7504 (daily ed. May 25. 1995) For S.L.J. 917 (1900). circuit cite the need for a court free from this reason, in 1992 the Ninth Circuit re- Federal Judicial Center, J. McKenna, domination by California judges and Cali- quested additional judgeships. The Judicial Structural and Other Alternatives for the fornia judicial philosophy. They assert that Conference of the United States endorsed the Federal Courts of Appeals (1993). the Northwest states confront emerging request which is now pending before Con- Final Report of the Federal Courts Study issues that are unique to that region and gress. With four current vacancies on the Committee (1990). that cannot be fully appreciated or addressed court, the average time to disposition is un- Fourth Biennial Report to Congress on the from a California perspective. likely to improve substantially until new Implementation of Section 6 of the Omnibus The premise that a judge’s place of resi- judges come on board. Obviously this central Judgeship Act of 1978 (1989). dence prejudices his or her determination of problem would not be alleviated by dividing Hellman, A. ed., Restructuring Justice: cases was rejected as completely unaccept- the circuit and the proposed split would ma- The innovations of the Ninth Circuit and able by former Chief Justice Warren Burger terially increase the caseload of judges in The Future of the Federal Courts (1990). in his remarks concerning an earlier version the remaining Ninth Circuit. Ninth Circuit Position Paper—1991. of the sponsor’s legislation: ‘‘I find it a very 9. IS CIRCUIT DIVISION THE SOLUTION TO Ninth Circuit Position Paper—1989. offensive statement to be made that a United GROWING CASELOADS? Proposed Long Range Plan for the Federal States judge, having taken the oath of office, The presumption that increasing the num- Courts (1995). is going to be biased because of the economic ber of circuits would solve the problem of ex- U.S. Senate, Committee on the Judiciary, conditions of his own jurisdiction.’’ (Record, panding federal court caseloads is the under- Ninth Circuit Court of Appeals Reorganiza- August 2, 1991, S 12277) Calling an earlier lying fallacy of S. 956. Cases are resolved by tion Act of 1989: hearings on S. 948 Before the version of legislation to split the circuit ‘‘en- judges, not circuits, and increasing the num- Subcomm. on the Judiciary, 101st Cong., 2d vironmental gerrymandering,’’ then-Senator ber of circuits without increasing the num- Sess. (1990). Pete Wilson of California echoed Justice ber of judges would only exacerbate the prob- 1. The caseload figures for the proposed Burger’s concerns, stating: lem. new Ninth and new Twelfth Circuits are The judges of the Circuit are there to apply Even with the proposed division of the based upon internal court statistics for FY the law, not make it. Second, even in their Ninth Circuit, the population shift and 1994. application of the law, it is not intended that growth that is increasing litigation in the 2. All references are to regional circuits federal courts abide by a sense of localism. West would continue to increase the work- (the First through the Eleventh) and exclude That is the role of the state and local courts. load of the two new circuits. The old Fifth comparisons to the two circuits that are Ninth Circuit Court of Appeals Reorganiza- Circuit encountered the same situation when based upon special jurisdiction rather than tion Act of 1989: Hearings on S. 948 Before it was divided into the Fifth and Eleventh geography (the District of Columbia and the the Subcomm. on Courts and Administrative Circuits in 1980. Before the split, the Fifth Federal Circuits). Practice of the Senate Comm. on the Judici- Circuit had 4914 filings and 27 judgeships, 3. Senator Gorton’s remarks were made ary, 101st Cong., 2d Sess. 286 (1990) (written compared to the Ninth Circuit’s 4262 filings when he introduced S. 853 on May 25, 1995. statement of Hon. Pete Wilson, U.S. Senate). and 23 judgeships. By 1994, the combined That bill created a new Twelfth Circuit with Similarly, the ABA Appellate Practice Fifth and Eleventh Circuits’ filings had in- seven judges and a new Ninth Circuit with Committee’s Subcommittee To Study Cir- creased 241% to 11,858, while the Ninth Cir- nineteen judges. On June 22, 1995, Senator cuit Size reported that ‘‘a majority of the cuit’s had increased 190% to 8115. Dividing Gorton introduced a corrected bill that is Subcommittee questions whether regional the Fifth Circuit had no effect on the growth identical to S. 853 except for a new Twelfth differences should be a criterion in deter- of the caseload, which is at the root of the Circuit with nine judges and a new Ninth mining circuit size. * * * The role of circuit size issue. Circuit with nineteen judges. This paper is a courts is primarily to apply federal law—a In its study on circuit size, the ABA Appel- response to the new bill and to the remarks law that with few exceptions is to be applied late Practice Committee’s Subcommittee to made that the introduction of the earlier uniformly across the land.’’ (at p. 3). Study Circuit Size ‘‘found no compelling rea- bill, S. 853.∑ 8. WHAT IS THE NINTH CIRCUIT’S RECORD OF sons why circuit courts of various sizes— f PERFORMANCE? ranging from a few judges to fifty—cannot One measure of the efficiency of an appel- effectively meet the caseload challenge. In- THE MEDIA, CENSORSHIP, AND late court is the average amount of time re- deed for every argument in favor of smaller PARENTAL EMPOWERMENT quired to decide a case from the period be- circuits, there is an equally compelling argu- tween filing a notice of appeal and rendering ment for larger circuits.’’ Report (October ∑ Ms. MIKULSKI. Mr. President, I rise of a final decision. In 1983, when an earlier 1992), as p. 5. The Federal Judicial Center’s today to speak on how best to control version of legislation to split the circuit was recent analysis of structural alternatives in the viewing habits of America’s chil- proposed, the court had 4583 new filings and response to the mandate of the Federal dren. the average length of time from filing the Court Study Committee concluded: We are in a communication revolu- notice of appeal to final decision was 10.5 [T]here can be no doubt that the system tion. We have all heard about the infor- months. In late 1989, the court of appeals and its judges are under stress. That stress headquarter (where cases are processed) was derives primarily from the continuing expan- mation highway. We know that there is badly damaged and closed by the Loma sion of federal jurisdiction without a con- more and more information available Prieta earthquake in San Francisco. Court comitant increase in resources. It does not to all of us. And more information staff was scattered among six different tem- appear to be a stress that would be signifi- available to children. Much of it is

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10439 good, and some of it is bad. The infor- Pacific atoll. The most cutting comment Burmese refugees who have fled the mation highway includes ever-increas- came from Japan’s prime minister, Tomiichi ruthless SLORC. Pro-democracy dem- ing numbers of television channels. Murayama. At a recent meeting in Cannes onstrators were particularly vulner- These new and changing channels and the newly installed president of France, able, yet having fled the country they Jacques Chirac, confidently explained to him the programs they broadcast are com- that the tests will be entirely safe. If they found themselves denied political asy- ing into our living rooms. are so safe, Mr. Murayama replied, why lum by Western governments. In 1989, There is a good side to this growing doesn’t Mr. Chirac hold them in France? Senator KENNEDY and I rose in support technology and information, but we The dangers of these tests to France are, in of the demonstrators and won passage also know there is a bad side. Studies fact, substantial. The chances of physical of an amendment to the Immigration tell us that by the time a child enters damage and the release of radioactivity to Act of 1990 requiring the Secretary of high school, that child will watch over the atmosphere are very low. But the sym- State and the Attorney General to 8,000 murders and 100,000 acts of vio- bolism of a European country holding its tests on the other side of the earth, in a ves- clearly define the immigration policy lence on television. How can parents tige of its former colonial empire, is proving of the United States toward Burmese know and control what their kids are immensely damaging to France’s standing pro-democracy demonstrators. Con- watching. How can they control it among its friends in Asia. gress acted again on the Customs and when they are away from home work- France says that it needs to carry out the Trade Act of 1990 to adopt a provision ing? How can they control what their tests to ensure the reliability of its nuclear I introduced requiring the President to kids see on the living room television weapons. Those weapons, like most of the impose appropriate economic sanctions American nuclear armory, were developed to when they are busy in the kitchen? on Burma. The Bush administration For some the solution is simple, just counter a threat from a power that has col- lapsed. The great threat now, to France and utilized this provision to sanction Bur- censor the networks or moviemakers. I the rest of the world, is the possibility of nu- mese textiles. Unfortunately these believe there is a better way. It is the clear bombs in the hands of reckless and ag- powers have never been exercised by approach I believe in, and that is the gressive governments elsewhere. North the current administration. approach that uses technology and in- Korea, Iraq and Iran head the list of possi- formation. bilities. The tests will strengthen France’s The SLORC regime had to be de- Mr. President, I am proud to cospon- international prestige, in the view of many nounced. The Senate continued to sor the Media Protection Act of 1995. French politicians, by reminding others that press for stronger actions. On March 12, This is the V-chip bill. A television it possesses these weapons. But in less stable 1992, the Foreign Relations Committee and non-democratic countries, there are that has this V chip will allow parents unanimously voted to adopt a report many dictators, juntas and nationalist fa- submitted by myself and Senator to block out programming that they natics who similarly aspire to improve their MCCONNELL detailing specific actions don’t want their children to see when countries’ standing in the world. they are away or in another room. This The international effort to discourage the that should be taken before the nomi- automatic blocking device will be trig- spread of nuclear weapons is a fragile enter- nation of a United States Ambassador gered by a rating system that the net- prise, depending mainly on trust and good- to Burma would be considered in the works can develop themselves. This is will. But over the past half-century, the ef- Senate. not censorship. It is no more censor- fort has been remarkably and unexpectedly successful. It depends on a bargain in which Last year the State Department Au- ship than the current movie theater the nuclear powers agree to move toward nu- thorization Act for 1994–95 contained a rating system that was created by the clear disarmament at some indefinite point provision I introduced placing Burma movie industry less than three decades in the future, and in the meantime to avoid on the list of international outlaw ago. flaunting these portentous weapons or to use states such as Libya, North Korea, and I am also pleased to cosponsor the them merely for displays of one-upmanship. Iraq, an indication that the United Television Violence Report Card Act of That’s the understanding that France is now States Congress considers the SLORC 1995. This is the information part of undermining. The harassment by Greenpeace regime to be one of the very worst in what parents need. This legislation will is the least of the costs that these misguided tests will exact.∑ the world. The Senate also unani- encourage an evaluation of program- mously adopted S. 234 on July 15, 1994, ming to let parents know just what to f calling for the release of Aung San Suu watch for or watch out for. ON THE RELEASE OF AUNG SAN Kyi and for increased international Some call this legislation censorship, SUU KYI pressure on the SLORC to achieve the but it is not. It is parental empower- ∑ Mr. MOYNIHAN. Mr. President, after transfer of power to the winners of the ment and parental involvement, and 1990 democratic election. maybe a way to stem the tide of vio- 6 years of unjust detention by the Bur- Thankfully, Aung San Suu Kyi has lence that kids are exposed to every mese military, Nobel Peace Prize win- now been released. But the struggle in day and evening they watch tele- ner Aung San Suu Kyi is free. While Burma is not over. The SLORC con- vision.∑ this is cause for celebration and great relief from those of us who have long tinues to wage war against its own peo- ‘‘WHY NOT ATOM TESTS IN FRANCE?’’ called for her release, one cannot fail ple. Illegal heroin continues to be pro- ∑ Mr. SIMON. Mr. President, the Wash- to stress that there is also great out- duced with their complicity. And the ington Post had an editorial titled, rage that she was incarcerated in the SLORC continues to thwart the trans- ‘‘Why Not Atom Tests in France?’’ first instance. The State Law and fer to democracy in Burma. The New The policy of France is unwise, just Order Restoration Council [SLORC], York Times concludes appropriately: as our earlier policy of continuing tests the military Junta in Burma, has was unwise. The end of Ms. Aung San Suu Kyi’s deten- sought to thwart democracy at every tion must be followed by other steps toward France is not doing a favor to sta- turn. bility in the world with these tests. democracy before Myanmar is deemed eligi- Led by Aung San Suu Kyi, the Na- ble for loans from multilateral institutions I hope that the French Government tional League for Democracy [NLD] or closer ties with the United States. It is will reconsider this unwise course. party won a democratic election in too soon to welcome Yangon back into the At this point, I ask unanimous con- 1990, while she was under house arrest, democratic community. sent that this op-ed piece be printed in yet the SLORC has never allowed the We in the Senate must rededicate the RECORD. elected leaders of Burma to take office. The material follows: ourselves to the strong support of Instead they have forced these leaders those in Burma working to overcome WHY NOT ATOM TESTS IN FRANCE? to flee their country to escape arrest this tyranny. I congratulate Aung San France’s unwise decision to resume nuclear and death. testing was an invitation to the kind of pro- Suu Kyi on her extraordinary bravery The United States Senate has often and determination, and celebrate with tests and denunciations being generated by spoken in support of those brave Bur- Greenpeace’s skillful demonstration of polit- her family the news of her release. mese democracy leaders. We have with- ical theater. But even before Greenpeace set I ask that the July 13, 1995, editorial sail for the test site, several Pacific coun- held aid and weapons to the military be printed in the RECORD. tries had vehemently objected to France’s regime, and have provided some, albeit intention of carrying out the explosions at a modest amounts, of assistance to the The editorial follows:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10440 CONGRESSIONAL RECORD — SENATE July 20, 1995 [The New York Times, July 13, 1995] 396 (99 Stat. 837, 841) is amended by deleting satisfactory to the President, that such con- NEW HOPE FOR BURMESE DEMOCRACY ‘‘until Congress otherwise provides by law.’’ tributions are a full and final settlement of and inserting in lieu thereof: ‘‘except that, all obligations of the United States to assist The release of the political prisoner Daw for fiscal years 1996 and thereafter, payments in the resettlement of Rongelap Atoll and Aung San Suu Kyi in Yangon, formerly Ran- to the Commonwealth of the Northern Mar- that such funds will be expended solely on goon, is good news. Mrs. Aung San Suu Kyi, iana Islands pursuant to the multi-year resettlement activities and will be properly who won the Nobel Peace Prize in 1991, had funding agreements contemplated under the audited and accounted for. In order to pro- been under house arrest for nearly six years. Covenant shall be limited to the amounts set vide such contributions in a timely manner, The next test for the regime, which changed forth in the Agreement of the Special Rep- each Federal agency providing assistance or the name of the country from Burma to resentatives on Future Federal Financial As- services, or conducting activities, in the Re- Myanmar, will be to follow Ms. Aung San sistance of the Northern Mariana Islands, ex- public of the Marshall Islands, is authorized Suu Kyi’s freedom with a return to some ecuted on December 17, 1992 between the spe- to make funds available, through the Sec- form of political pluralism and with other cial representative of the President of the retary of the Interior, to assist in the reset- improvements in human rights. United States and special representatives of tlement of Rongelap. Nothing in this sub- Mrs. Aung San Suu Kyi’s National League the Governor of the Northern Mariana Is- section shall be construed to limit the provi- for Democracy won elections under her lead- lands and shall be subject to all the require- sion of ex gratia assistance pursuant to sec- ership in 1990. The military refused to recog- ments of such Agreement with any addition 105(c)(2) of the Compact of Free Associa- nize the results, imprisoning and intimi- tional amounts otherwise made available tion Act of 1985 (Public Law 99–239, 99 Stat. dating many of the newly elected legislators. under this section in any fiscal year and not 1770, 1792) including for individuals choosing Burmese expatriates say torture is still rou- required to meet the schedule of payments not to resettle at Rongelap, except that no tinely used in prisons and by the military in set forth in the Agreement to be provided as such assistance for such individuals may be its repression of ethnic minorities. set forth in subsection (c) until Congress provided until the Secretary notifies the Mrs. Aung San Suu Kyi’s release has rekin- otherwise provides by law. Congress that the full amount of all funds dled the hopes of many Burmese for a return ‘‘(c) The additional amounts referred to in necessary for resettlement at Rongelap has to democracy. At her first public appearance, subsection (b) shall be made available to the been provided.’’. she stuck a conciliatory note, saying she Secretary for obligation as follows: wanted to promote dialogue with the mili- ‘‘(1) for fiscal year 1996, all such amounts SEC. 2. FEDERAL MINIMUM WAGE. Effective thirty days after the date of en- tary junta. She acted properly in cautioning shall be provided for capital infrastructure against unrealistic expectations. Neverthe- projects in American Samoa; and actment of this Act, the minimum wage pro- less, hundreds of people have made the pil- ‘‘(2) for fiscal years 1997 and thereafter, all visions, including, but not limited to, the grimage to her home in Yangon since her re- such amounts shall be available solely for coverage and exemptions provisions, of sec- lease, demonstrating the deep loyalty of her capital infrastructure projects in Guam, the tion 6 of the Fair Labor Standards Act of followers. Virgin Islands, American Samoa, the Com- June 25, 1938 (52 Stat. 1062), as amended, shall But Mrs. Aung San Suu Kyi is re-entering monwealth of Northern Mariana Islands, the apply to the Commonwealth of the Northern a society in which her own name has been a Republic of Palau, the Federated States of Mariana Islands, except— (a) on the effective date, the minimum forbidden word, where personal freedoms are Micronesia and the Republic of the Marshall wage rate applicable to the Commonwealth severely restricted and political life brutally Islands: Provided, That, in fiscal year 1997, $3 of the Northern Mariana Islands shall be curtailed. She refused to make any deals million of such amounts shall be made available to the College of the Northern Marianas $2.75 per hour; with the authorities to gain her freedom, and (b) effective January 1, 1996, the minimum and beginning in fiscal year 1997, and in each she has made it clear that she intends to wage rate applicable to the Commonwealth year thereafter, not to exceed $3 million may pursue her democratic goals. of the Northern Mariana Islands shall be be allocated, as provided in Appropriation Myanmar is eager to break its isolation $3.05 per hour; and join the region’s economic boom. Japan, Acts, to the Secretary of the Interior for use (c) effective January 1, 1997 and every Jan- which covets its rich natural resources, is al- by Federal agencies or the Commonwealth of uary 1 thereafter, the minimum wage rate ready preparing to warm up relations with the Northern Mariana Islands to address im- shall be raised by thirty cents per hour or Yangon. But Myanmar will need substantial migration, labor, and law enforcement issues the amount necessary to raise the minimum help from agencies like the World Bank and in the Northern Mariana Islands, including, wage rate to the wage rate set forth in sec- the International Monetary Fund to join the but not limited to detention and corrections tion 6(a)(1) of the Fair Labor Standards act, international economy. needs. The specific projects to be funded whichever is less; and The end of Ms. Aung San Suu Kyi’s deten- shall be set forth in a five-year plan for in- (d) once the minimum wage rate is equal to tion must be followed by other steps toward frastructure assistance developed by the Sec- the wage rate set forth in section 6(a)(1) of democracy before Myanmar is deemed eligi- retary of the Interior in consultation with the Fair Labor Standards Act, the minimum ble for loans from multilateral institutions each of the island governments and updated wage rate applicable to the Commonwealth or closer ties with the United States. It is annually and submitted to the Congress con- of the Northern Mariana Islands shall there- too soon to welcome Yangon back into the current with the budget justifications for the after be the wage rate set forth in section democratic community. Department of the Interior. In developing 6(a)(1) of the Fair Labor Standards Act. f and updating the five year plan for capital SEC. 3. REPORT. infrastructure needs, the Secretary shall in- The Secretary of the Interior, in consulta- INSULAR AREAS APPROPRIATIONS dicate the highest priority projects, consider tion with the Attorney General and Secre- AUTHORIZATION the extent to which particular projects are taries of Treasury, Labor and State, shall re- Mr. HATFIELD. Mr. President, I ask part of an overall master plan, whether such port to the Congress by the March 15 fol- project has been reviewed by the Corps of lowing each fiscal year for which funds are unanimous consent that the Senate Engineers and any recommendations made now turn to the consideration of Cal- allocated pursuant to section 4(c) of Public as a result of such review, the extent to Law 94–241 for use by Federal agencies or the endar No. 134, S. 638, regarding the in- which a set-aside for maintenance would en- Commonwealth to address immigration, sular areas, that the committee sub- hance the life of the project, the degree to labor or law enforcement activities. The re- stitute be agreed to, that the bill be which a local cost-share requirement would port shall include but not be limited to— read for a third time, and passed, and be consistent with local economic and fiscal (1) pertinent immigration information pro- the motion to reconsider be laid upon capabilities, and may propose an incre- vided by the Immigration and Naturalization the table. mental set-aside, not to exceed $2 million per Service, including the number of non-United year, to remain available without fiscal year States citizen contract workers in the CNMI, The PRESIDING OFFICER. Without limitation, as an emergency fund in the objection, it is so ordered. based on data the Immigration and Natu- event of natural or other disasters to supple- ralization Service may require of the Com- The Senate proceeded to consider the ment other assistance in the repair, replace- monwealth of the Northern Mariana Islands bill (S. 638) to authorize appropriations ment, or hardening of essential facilities: on a semiannual basis, or more often if for United States insular areas, and for Provided further, That the cumulative deemed necessary by the Immigration and other purposes, which had been re- amount set aside for such emergency fund Naturalization Service, ported from the Committee on Energy may not exceed $10 million at any time. (2) the treatment and conditions of non- ‘‘(d) Within the amounts allocated for in- United States citizen contract workers, in- and Natural Resources, with an amend- frastructure pursuant to this section, and ment to strike all after the enacting cluding foreign government interference subject to the specific allocations made in with workers’ ability to assert their rights clause and inserting in lieu thereof the subsection (c), additional contributions may under United States law, following: be made, as set forth in Appropriation Acts, (3) the effect of laws of the Northern Mar- SECTION 1. TERRITORIAL AND FREELY ASSOCI- to assist in the resettlement of Rongelap iana Islands on Federal interests, ATED STATE INFRASTRUCTURE AS- Atoll: Provided, That the total of all con- (4) the adequacy of detention facilities in SISTANCE. tributions from any Federal source after the Northern Mariana Islands, Section 4(b) of Public Law 94–241 (90 Stat. January 1, 1995 may not exceed $32 million (5) the accuracy and reliability of the com- 263) as added by section 10 of Public Law 99– and shall be contingent upon an agreement, puterized alien identification and tracking

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10441 system and its compatibility with the sys- assessment of local financial management maintenance would enhance the life of the tem of the Immigration and Naturalization and administrative capabilities, and Federal project, the degree to which a local cost- Service, and efforts to improve those capabilities. share requirement would be consistent with (6) the reasons why Federal agencies are SEC. 8. TECHNICAL CORRECTION. local economic and fiscal capabilities, and unable or unwilling to fully and effectively Section 501 of Public Law 95–134 (91 Stat. may propose an incremental set-aside, not to enforce Federal laws applicable within the 1159, 1164), as amended, is further amended exceed $2 million per year, to remain avail- Commonwealth of the Northern Mariana Is- by deleting ‘‘the Trust Territory of the Pa- able without fiscal year limitation, as an lands unless such activities are funded by cific Islands,’’ and inserting in lieu thereof emergency fund in the event of natural or the Secretary of the Interior. ‘‘the Republic of Palau, the Republic of the other disasters to supplement other assist- SEC. 4. IMMIGRATION COOPERATION. Marshall Islands, the Federated States of Mi- ance in the repair, replacement, or hardening The Commonwealth of the Northern Mar- cronesia,’’. of essential facilities: Provided further, That iana Islands and the Immigration and Natu- So the bill (S. 638), as amended, was read the cumulative amount set aside for such ralization Service shall cooperate in the for the third time and passed as follows: emergency fund may not exceed $10 million identification and, if necessary, exclusion or S. 638 at any time. ‘‘(d) Within the amounts allocated for in- deportation from the Commonwealth of the Be it enacted by the Senate and House of Rep- frastructure pursuant to this section, and Northern Mariana Islands of persons who resentatives of the United States of America in subject to the specific allocations made in represent security or law enforcement risks Congress assembled, to the Commonwealth of the Northern Mar- subsection (c), additional contributions may SECTION 1. TERRITORIAL AND FREELY ASSOCI- be made, as set forth in Appropriation Acts, iana Islands or the United States. ATED STATE INFRASTRUCTURE AS- SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT SISTANCE. to assist in the resettlement of Rongelap IN THE MARIANAS. Section 4(b) of Public Law 94–241 (90 Stat. Atoll: Provided, That the total of all con- (a) Section 8103(i) of title 46 of the United 263) as added by section 10 of Public Law 99– tributions from any Federal source after States Code is amended by renumbering 396 (99 Stat. 837, 841) is amended by deleting January 1, 1995 may not exceed $32 million paragraph (3) as paragraph (4) and by adding ‘‘until Congress otherwise provides by law.’’ and shall be contingent upon an agreement, a new paragraph (3) as follows: and inserting in lieu thereof: ‘‘except that, satisfactory to the President, that such con- ‘‘(3) Notwithstanding any other provision for fiscal years 1996 and thereafter, payments tributions are a full and final settlement of of this subsection, any alien allowed to be to the Commonwealth of the Northern Mar- all obligations of the United States to assist employed under the immigration laws of the iana Islands pursuant to the multi-year in the resettlement of Rongelap Atoll and Commonwealth of the Northern Mariana Is- funding agreements contemplated under the that such funds will be expended solely on lands (CNMI) may serve as an unlicensed sea- Covenant shall be limited to the amounts set resettlement activities and will be properly man on a fishing, fish processing, or fish ten- forth in the Agreement of the Special Rep- audited and accounted for. In order to pro- der vessel that is operated exclusively from a resentatives on Future Federal Financial As- vide such contributions in a timely manner, port within the CNMI and within the navi- sistance of the Northern Mariana Islands, ex- each Federal agency providing assistance or gable waters and exclusive economic zone of ecuted on December 17, 1992 between the spe- services, or conducting activities, in the Re- the United States surrounding the CNMI. cial representative of the President of the public of the Marshall Islands, is authorized Pursuant to 46 U.S.C. 8704, such persons are United States and special representatives of to make funds available, through the Sec- deemed to be employed in the United States the Governor of the Northern Mariana Is- retary of the Interior, to assist in the reset- and are considered to have the permission of lands and shall be subject to all the require- tlement of Rongelap. Nothing in this sub- the Attorney General of the United States to ments of such Agreement with any addi- section shall be construed to limit the provi- accept such employment: Provided, That tional amounts otherwise made available sion of ex gratia assistance pursuant to sec- paragraph (2) of this subsection shall not under this section in any fiscal year and not tion 105(c)(2) of the Compact of Free Associa- apply to persons allowed to be employed required to meet the schedule of payments tion Act of 1985 (Public Law 99–239, 99 Stat. under this paragraph.’’. set forth in the Agreement to be provided as 1770, 1792) including for individuals choosing (b) Section 8103(i)(1) of title 46 of the set forth in subsection (c) until Congress not to resettle at Rongelap, except that no United States Code is amended by deleting otherwise provides by law. such assistance for such individuals may be ‘‘paragraph (3) of this subsection’’ and in- ‘‘(c) The additional amounts referred to in provided until the Secretary notifies the serting in lieu thereof ‘‘paragraph (4) of this subsection (b) shall be made available to the Congress that the full amount of all funds subsection’’. Secretary for obligation as follows: necessary for resettlement at Rongelap has been provided.’’. SEC. 6. CLARIFICATION OF OWNERSHIP OF SUB- ‘‘(1) for fiscal year 1996, all such amounts MERGED LANDS IN THE COMMON- shall be provided for capital infrastructure SEC. 2. FEDERAL MINIMUM WAGE. WEALTH OF THE NORTHERN MAR- projects in American Samoa; and Effective thirty days after the date of en- IANA ISLANDS. ‘‘(2) for fiscal years 1997 and thereafter, all actment of this Act, the minimum wage pro- Public Law 93–435 (88 Stat. 1210), as amend- such amounts shall be available solely for visions, including, but not limited to, the ed, is further amended by— capital infrastructure projects in Guam, the coverage and exemptions provisions, of sec- (a) striking ‘‘Guam, the Virgin Islands’’ in Virgin Islands, American Samoa, the Com- tion 6 of the Fair Labor Standards Act of section 1 and inserting in lieu thereof monwealth of the Northern Mariana Islands, June 25, 1938 (52 Stat. 1062), as amended, shall ‘‘Guam, the Commonwealth of the Northern the Republic of Palau, the Federated States apply to the Commonwealth of the Northern Mariana Islands, the Virgin Islands’’ each of Micronesia and the Republic of the Mar- Mariana Islands, except— place the words appear; shall Islands: Provided, That, in fiscal year (a) on the effective date, the minimum (b) striking ‘‘Guam, American Samoa’’ in 1997, $3 million of such amounts shall be wage rate applicable to the Commonwealth section 2 and inserting in lieu thereof made available to the College of the North- of the Northern Mariana Islands shall be ‘‘Guam, the Commonwealth of the Northern ern Marianas and beginning in fiscal year $2.75 per hour; Mariana Islands, American Samoa’’; and 1997, and in each year thereafter, not to ex- (b) effective January 1, 1996, the minimum (c) striking ‘‘Guam, the Virgin Islands’’ in ceed $3 million may be allocated, as provided wage rate applicable to the Commonwealth section 2 and inserting in lieu thereof in Appropriation Acts, to the Secretary of of the Northern Mariana Islands shall be ‘‘Guam, the Commonwealth of the Northern the Interior for use by Federal agencies or $3.05 per hour; Mariana Islands, the Virgin Islands.’’. the Commonwealth of the Northern Mariana (c) effective January 1, 1997 and every Jan- With respect to the Commonwealth of the Islands to address immigration, labor, and uary 1 thereafter, the minimum wage rate Northern Mariana Islands, references to ‘‘the law enforcement issues in the Northern Mar- shall be raised by thirty cents per hour or date of enactment of this Act’’ or ‘‘date of iana Islands, including, but not limited to the amount necessary to raise the minimum enactment of this subsection’’ contained in detention and corrections needs. The specific wage rate to the wage rate set forth in sec- Public Law 93–435, as amended, shall mean projects to be funded shall be set forth in a tion 6(a)(1) of the Fair Labor Standards act, the date of enactment of this section. five-year plan for infrastructure assistance whichever is less; and SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT. developed by the Secretary of the Interior in (d) once the minimum wage rate is equal to The Secretary of the Interior shall submit consultation with each of the island govern- the wage rate set forth in section 6(a)(1) of to the Congress, annually, a ‘‘State of the Is- ments and updated annually and submitted the Fair Labor Standards Act, the minimum lands’’ report on American Samoa, Guam, to the Congress concurrent with the budget wage rate applicable to the Commonwealth the United States Virgin Islands, the Com- justifications for the Department of the Inte- of the Northern Mariana Islands shall there- monwealth of the Northern Mariana Islands, rior. In developing and updating the five after be the wage rate set forth in section the Republic of Palau, the Republic of the year plan for capital infrastructure needs, 6(a)(1) of the Fair Labor Standards Act. Marshall Islands, and the Federated States the Secretary shall indicate the highest pri- SEC. 3. REPORT. of Micronesia that includes basic economic ority projects, consider the extent to which The Secretary of the Interior, in consulta- development information, data on direct and particular projects are part of an overall tion with the Attorney General and Secre- indirect Federal assistance, local revenues master plan, whether such project has been taries of Treasury, Labor and State, shall re- and expenditures, employment and unem- reviewed by the Corps of Engineers and any port to the Congress by the March 15 fol- ployment, the adequacy of essential infra- recommendations made as a result of such lowing each fiscal year for which funds are structure and maintenance thereof, and an review, the extent to which a set-aside for allocated pursuant to section 4(c) of Public

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10442 CONGRESSIONAL RECORD — SENATE July 20, 1995 Law 94–241 for use by Federal agencies or the (c) striking ‘‘Guam, the Virgin Islands’’ in by the end of fiscal year 1996—Sep- Commonwealth to address immigration, section 2 and inserting in lieu thereof tember 30. If the District fails to com- labor or law enforcement activities. The re- ‘‘Guam, the Commonwealth of the Northern ply, their 1997 Federal highway appor- port shall include but not be limited to— Mariana Islands, the Virgin Islands.’’. (1) pertinent immigration information pro- With respect to the Commonwealth of the tionments will be reduced. vided by the Immigration and Naturalization Northern Mariana Islands, references to ‘‘the The legislation also requires that Service, including the number of non-United date of enactment of this Act’’ or ‘‘date of these Federal funds are to be used to States citizen contract workers in the CNMI, enactment of this subsection’’ contained in maintain and upgrade National High- based on data the Immigration and Natu- Public Law 93–435, as amended, shall mean way System routes in the District, and ralization Service may require of the Com- the date of enactment of this section. other projects which the Secretary of monwealth of the Northern Mariana Islands SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT. Transportation determines to be im- on a semiannual basis, or more often if The Secretary of the Interior shall submit portant to the entire region. deemed necessary by the Immigration and to the Congress, annually, a ‘‘State of the Is- Any other project the District de- Naturalization Service, lands’’ report on American Samoa, Guam, (2) the treatment and conditions of non- the United States Virgin Islands, the Com- cides to move forward with must be United States citizen contract workers, in- monwealth of the Northern Mariana Islands, matched with local funds. In other cluding foreign government interference the Republic of Palau, the Republic of the words, this bill only temporarily with workers’ ability to assert their rights Marshall Islands, and the Federated States waives the local match for those under United States law, of Micronesia that includes basic economic projects important to maintaining the (3) the effect of laws of the Northern Mar- development information, data on direct and District’s most heavily traveled roads. iana Islands on Federal interests, indirect Federal assistance, local revenues Mr. President, during the commit- (4) the adequacy of detention facilities in and expenditures, employment and unem- tee’s consideration a provision was the Northern Mariana Islands, ployment, the adequacy of essential infra- (5) the accuracy and reliability of the com- structure and maintenance thereof, and an added to require the Department of puterized alien identification and tracking assessment of local financial management Transportation to report to the Con- system and its compatibility with the sys- and administrative capabilities, and Federal gress on those projects funded in 1995. tem of the Immigration and Naturalization efforts to improve those capabilities. This provision gives us further assur- Service, and SEC. 8. TECHNICAL CORRECTION. ance that the District will properly use (6) the reasons why Federal agencies are Section 501 of Public Law 95–134 (91 Stat. these funds on those most regionally unable or unwilling to fully and effectively 1159, 1164), as amended, is further amended significant projects. The committee enforce Federal laws applicable within the by deleting ‘‘the Trust Territory of the Pa- Commonwealth of the Northern Mariana Is- has made clear that following a review cific Islands,’’ and inserting in lieu thereof of the use of the 1995 apportionments, lands unless such activities are funded by ‘‘the Republic of Palau, the Republic of the the Secretary of the Interior. Marshall Islands, the Federated States of Mi- if these funds were not allocated to SEC. 4. IMMIGRATION COOPERATION. cronesia,’’. worthy projects, then the committee The Commonwealth of the Northern Mar- will reconsider the waiver for fiscal f iana Islands and the Immigration and Natu- year 1996. ralization Service shall cooperate in the DISTRICT OF COLUMBIA These are the same roads which serve identification and, if necessary, exclusion or TRANSPORTATION PROJECTS as the gateways to our Nation’s Capital deportation from the Commonwealth of the Northern Mariana Islands of persons who Mr. HATFIELD. Mr. President, I ask and are the major commuter arteries represent security or law enforcement risks unanimous consent that the Senate for the metropolitan region. to the Commonwealth of the Northern Mar- proceed to the immediate consider- These are the same roads which con- iana Islands or the United States. ation of Calendar No. 144, S. 1023. tribute to the functioning of the Fed- SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT The PRESIDING OFFICER. The eral Government and serve the thou- IN THE MARIANAS. clerk will report. sands of tourists from our States who (a) Section 8103(i) of title 46 of the United The assistant legislative clerk read States Code is amended by renumbering travel here each year. paragraph (3) as paragraph (4) and by adding as follows: Mr. President, it is important to em- a new paragraph (3) as follows: A bill (S. 1023) to authorize an increased phasize that this legislation is nec- ‘‘(3) Notwithstanding any other provision Federal share of the costs of certain trans- essary to reduce congestion which of this subsection, any alien allowed to be portation projects in the District of Colum- plagues the entire region. The projects employed under the immigration laws of the bia for fiscal years 1995 and 1996, and for to benefit from this legislation are Commonwealth of the Northern Mariana Is- other purposes. ones that compliment the transpor- lands (CNMI) may serve as an unlicensed sea- The PRESIDING OFFICER. Is there tation priorities of Virginia and Mary- man on a fishing, fish processing, or fish ten- objection to the immediate consider- der vessel that is operated exclusively from a land, such as the 14th Street Bridge ation of the bill? and Pennsylvania Avenue. port within the CNMI and within the navi- There being no objection, the Senate gable waters and exclusive economic zone of Also, I ask unanimous consent to the United States surrounding the CNMI. proceeded to consider the bill. have printed in the RECORD a copy of a Pursuant to 46 U.S.C. 8704, such persons are Mr. WARNER. Mr. President, I am letter from Virginia Secretary of deemed to be employed in the United States pleased that the Senate is considering Transportation Martinez placing Gov- and are considered to have the permission of legislation today to allow the District ernor Allen’s administration solidly in the Attorney General of the United States to of Columbia to move forward with support of this legislation, and a letter accept such employment: Provided, That transportation projects that are criti- paragraph (2) of this subsection shall not in support from the distinguished Rep- cally needed for the entire metropoli- resentative from the District of Colum- apply to persons allowed to be employed tan Washington region. bia, Ms. NORTON. under this paragraph.’’. I want to make clear to my col- (b) Section 8103(i)(1) of title 46 of the There being no objection, the mate- leagues that this legislation is con- United States Code is amended by deleting rial was ordered to be printed in the sistent with the temporary match ‘‘paragraph (3) of this subsection’’ and in- RECORD, as follows: serting in lieu thereof ‘‘paragraph (4) of this waivers that Congress has provided in subsection’’. 1975, 1982, and 1991. Under previous COMMONWEALTH OF VIRGINIA, OFFICE OF THE GOVERNOR, SEC. 6. CLARIFICATION OF OWNERSHIP OF SUB- matching share waivers, 39 States have July 7, 1995. MERGED LANDS IN THE COMMON- utilized this flexibility. WEALTH OF THE NORTHERN MAR- Hon. JOHN WARNER, IANA ISLANDS. The legislation before the Senate is U.S. Senate, Russell Senate Office Building, Public Law 93–435 (88 Stat. 1210), as amend- again a temporary waiver of the local Washington, DC ed, is further amended by— matching share required before a DEAR SENATOR WARNER: This letter is to (a) striking ‘‘Guam, the Virgin Islands’’ in State, or in this case the District of provide the Commonwealth of Virginia’s po- section 1 and inserting in lieu thereof Columbia, can obligate Federal high- sition on the proposed legislation to author- ‘‘Guam, the Commonwealth of the Northern way dollars. It is not a complete for- ize the U.S. Secretary of Transportation to Mariana Islands, the Virgin Islands’’ each increase the federal share of certain highway place the words appear; giveness of their financial obligation to projects in the District of Columbia for fiscal (b) striking ‘‘Guam, American Samoa’’ in provide a 20 percent match of these years 1995 and 1996. This legislation would in section 2 and inserting in lieu thereof Federal dollars. effect provide a temporary waiver of the ‘‘Guam, the Commonwealth of the Northern This legislation requires the District local match for highway projects in Wash- Mariana Islands, American Samoa’’; and to repay these matching requirements ington, D.C.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10443 It is important for the economic health of nue rather than the formerly used (A) deposited in the Highway Trust Fund Northern Virginia and the region to continue routing along Pennsylvania Avenue. established by section 9503 of the Internal the development of critical transportation Today I believe that the historic Revenue Code of 1986; and (B) credited to the appropriate account of improvements. The regional projects that beauty of Constitution Avenue is Virginia is working with the District include the District of Columbia for the category of the 14th Street Bridge improvements and marred by an increasing number of the project. certain Intelligent Transportation System vendor vehicles permanently located (3) FAILURE TO REPAY.— (ITS) projects. along this corridor. These vendors cre- (A) DEDUCTIONS.—If the District of Colum- Virginia supports this measure to allow ate gridlock, as they scramble to park, bia fails to make a repayment required under the needed transportation projects to move during peak usage of this vital cor- paragraph (1) with respect to a project, the forward this construction season and not Secretary of Transportation shall deduct an ridor. They distract from the intrinsic amount equal to the amount of the failed re- delay much needed projects. If we can pro- beauty and historic tradition of this vide any additional information, please do payment from funds appropriated or allo- not hesitate to call me. corridor. Cannot the users and visitors cated for the category of the project for fis- Sincerely, to this great capitol city have one ave- cal year 1997 to the District of Columbia ROBERT E. MARTI´NEZ. nue free of commercial buildings and under title 23, United States Code. commercial vehicles? (B) REAPPORTIONMENT.—Any amount de- CONGRESS OF THE UNITED STATES, I have shared these views with the ducted under subparagraph (A) shall be re- HOUSE OF REPRESENTATIVES, Mayor of the District of Columbia, and apportioned for fiscal year 1997 in accordance Washington, DC. July 17, 1995. with title 23, United States Code, to a State I will continue to work for these goals. other than the District of Columbia. Hon. ROBERT DOLE, Mr. HATFIELD. Mr. President, I ask Majority Leader of the Senate, Washington, DC. SEC. 3. REPORT TO CONGRESS. DEAR SENATOR DOLE: On July 11, the Sen- unanimous consent that the bill be Not later than November 1, 1995, and No- ate Environment and Public Works Com- considered and deemed read a third vember 1, 1996, the Secretary of Transpor- mittee passed legislation, introduced by Sen- time, passed, and that the motion to tation shall prepare and submit to the Com- ator John Warner, that would waive the reconsider be laid upon the table, and mittee on Environment and Public Works of local match of federal highway funds for the that any statements relating to the the Senate and the Committee on Transpor- District of Columbia for FY 1995 and FY 1996. bill be placed at the appropriate place tation and Infrastructure of the House of Representatives a report describing— I write now to seek your assistance in get- in the RECORD. ting this legislation through the Senate. (1) each project within the District of Co- Without swift passage of this legislation in The PRESIDING OFFICER. Without lumbia for which an increased Federal share both chambers, before August 1, $82 million objection, it is so ordered. has been paid under section 2; in FY 1995 apportioned monies and a similar So the bill (S. 1023), was deemed read (2) any specific cause of delay in the rate of amount in FY 1996 will be unavailable. It is for a third time and passed, as follows: obligation of Federal funds made available essential to the economic health of the Dis- S. 1023 under section 2; and (3) any other information that the Sec- trict and the region to repair the gateway Be it enacted by the Senate and House of Rep- streets used by regional commuters and 20 retary of Transportation determines is rel- resentatives of the United States of America in evant. million visitors annually. Congress assembled, No new highway projects are planned this f fiscal year in the District; nor have any bids SECTION 1. SHORT TITLE. been solicited over the past 18 months be- This Act may be cited as the ‘‘District of ORDERS FOR FRIDAY, JULY 21, 1995 cause the District’s fiscal crisis has left the Columbia Emergency Highway Relief Act’’. Mr. HATFIELD. Mr. President, I ask city unable to meet the matching funds re- SEC. 2. DISTRICT OF COLUMBIA EMERGENCY unanimous consent that when the Sen- quirement for federal monies. As you know, HIGHWAY RELIEF. ate completes its business today it this federal money does not linger in the (a) TEMPORARY WAIVER OF NON-FEDERAL stand in recess until the hour of 9 a.m. SHARE.—Notwithstanding any other law, government bureaucracy but gets flushed on Friday, July 21, 1995; that following right into the private sector when a city bids during fiscal years 1995 and 1996, the Federal from private sector contractors to work on share of the costs of a project within the Dis- the prayer, the Journal of proceedings the projects. trict of Columbia described in subsection (b) be deemed approved to date, that the The waiver in the Warner bill is based on shall be a percentage requested by the Dis- time for the two leaders be reserved for precedents from P.L. 94–30 in 1975, P.L. 97–424 trict of Columbia, but not to exceed 100 per- their use later in the day, and that the in 1982 and P.L. 102–240 in 1991. With the cent of the costs of the project. Senate then immediately begin consid- waiver, vital District projects to improve the (b) ELIGIBLE PROJECTS.—A project referred eration of H.R. 1817, the military con- major gateways into the city could proceed, to in subsection (a) is a project— (1) for which the United States— struction appropriations bill. aiding more tourists and commuters than The PRESIDING OFFICER. Without D.C. residents, and providing desperately (A) is obligated to pay under title 23, needed jobs and economic development for United States Code, on the date of enact- objection, it is so ordered. the city. ment of this Act; or f Please help. (B) becomes obligated to pay under title 23, Best personal regards. United States Code, during any portion of PROGRAM Sincerely, the period beginning on the date of enact- Mr. HATFIELD. Mr. President, for ELEANOR HOLMES NORTON. ment of this Act and ending on September the information of all Senators, under Mr. WARNER. Mr. President, on a re- 30, 1996; and the previous order, the Senate will related matter, I would like to share (2) that is— sume consideration of the MILCON ap- (A) for a route proposed for inclusion in propriations bill at 9 a.m. tomorrow. with the Senate my longstanding inter- the National Highway System; or est in preserving the historic integrity (B) of regional significance (as determined Also, under the unanimous consent of Constitution Avenue. This pano- by the Secretary of Transportation); agreement entered into earlier this ramic avenue has witnessed many land- with respect to which the Mayor of the Dis- evening, the Senate will resume con- mark events in our Nation’s history. It trict of Columbia certifies that sufficient sideration of the rescissions bill at links the Lincoln Monument to the funds are not available to pay the full non- 10:20 tomorrow morning. Under that U.S. Capitol with many of the principal Federal share of the costs of the project. agreement, there will be approximately U.S. Government offices, national mu- (c) REPAYMENT.— 40 minutes of debate remaining on the (1) OBLIGATION TO REPAY.—Not later than seums, and the National Gallery of Art September 30, 1996, the District of Columbia bill. Following that debate, at approxi- gracing this historic avenue. shall repay to the United States, with re- mately 11 a.m. the Senate will proceed Unfortunately it has fallen into a se- spect to each project for which an increased to vote on a motion to table the first rious state of disrepair. It has become Federal share is paid under subsection (a), an Wellstone amendment. That vote may a corridor overburdened with mobile amount equal to the difference between— be followed by an immediate vote on street vendors. (A) the amount of the costs of the project the motion to table the second Formerly known as B Street, it was paid by the United States under subsection Wellstone amendment to be followed renamed Constitution Avenue in 1913 (a); and by a vote on passage of the rescissions and hosted President Franklin Roo- (B) the amount of the costs of the project that would have been paid by the United bill. sevelt’s inaugural parades. President States but for subsection (a). All Senators should, therefore, be Roosevelt was the first President to (2) DEPOSIT OF REPAID FUNDS.—A repay- aware that rollcall votes will occur break with tradition and host his inau- ment made under paragraph (1) with respect throughout Friday’s session of the Sen- gural parade along Constitution Ave- to a project shall be— ate.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10444 CONGRESSIONAL RECORD — SENATE July 20, 1995 RECESS UNTIL 9 A.M. TOMORROW IN THE ARMY BRIG. GEN. JAMES C. KING, 000–00–0000 BRIG. GEN. JOSEPH G. GARRETT, III, 000–00–0000 Mr. HATFIELD. Mr. President, if THE FOLLOWING-NAMED OFFICER TO BE PLACED ON BRIG. GEN. LEROY R. GOFF, III, 000–00–0000 THE RETIRED LIST IN THE GRADE INDICATED UNDER BRIG. GEN. DANIEL G. BROWN, 000–00–0000 there is no further business to come be- THE PROVISIONS OF TITLE 10, UNITED STATES CODE, BRIG. GEN. WILLIAM P. TANGNEY, 000–00–0000 fore the Senate, I now ask that the SECTION 1370: BRIG. GEN. CHARLES S. MAHAN, JR., 000–00–0000 BRIG. GEN. JOHN J. MAHER, III, 000–00–0000 Senate stand in recess under the pre- To be lieutenant general BRIG. GEN. LEON J. LAPORTE, 000–00–0000 vious order. LT. GEN. JOHN P. OTJEN, 000–00–0000 BRIG. GEN. CLAUDIA J. KENNEDY, 000–00–0000 There being no objection, the Senate, THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE THE REGULAR ARMY OF THE UNITED STATES TO THE DUTY LIST, FOR PROMOTION TO THE GRADES INDICATED at 11:27 p.m., recessed until tomorrow, GRADE INDICATED, UNDER THE PROVISIONS OF TITLE 10, IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 618, UNITED STATES CODE, SECTIONS 611(A) AND 624: 624 AND 628, TITLE 10, UNITED STATES CODE. THE OFFI- Friday, July 21, 1995, at 9 a.m. CER IDENTIFIED WITH AN ASTERISK IS ALSO BEING f To be permanent major general NOMINATED FOR APPOINTMENT IN THE REGULAR ARMY. BRIG. GEN. ROBERT W. ROPER, JR., 000–00–0000 MEDICAL CROPS NOMINATIONS BRIG. GEN. EDWARD L. ANDREWS, 000–00–0000 Executive nominations received by BRIG. GEN. DAVID K. HEEBNER, 000–00–0000 To be lieutenant colonel BRIG. GEN. MORRIS J. BOYD, 000–00–0000 the Senate July 20, 1995: BRIG. GEN. ROBERT R. HICKS, JR., 000–00–0000 *JOHN D. PITCHER, 000–00–0000 BRIG. GEN. STEWART W. WALLACE, 000–00–0000 DEPARTMENT OF STATE BRIG. GEN. JAMES M. WRIGHT, 000–00–0000 MEDICAL CORPS JAMES A. JOSEPH, OF VIRGINIA, TO BE AMBASSADOR BRIG. GEN. CHARLES W. THOMAS, 000–00–0000 To be major EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRIG. GEN. GEORGE H. HARMEYER, 000–00–0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF BRIG. GEN. JOHN F. MICHITSCH, 000–00–0000 RAY J. RODRIGUEZ, 000–00–0000 SOUTH AFRICA. BRIG. GEN. LON E. MAGGART, 000–00–0000 BRIG. GEN. HENRY T. GLISSON, 000–00–0000 IN THE NAVY IN THE AIR FORCE BRIG. GEN. THOMAS N. BURNETTE, JR., 000–00–0000 BRIG. GEN. DAVID H. OHLE, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL ACADEMY GRAD- THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN BRIG. GEN. MILTON HUNTER, 000–00–0000 UATES TO BE APPOINTED PERMANENT ENSIGN IN THE THE REGULAR AIR FORCE OF THE UNITED STATES TO BRIG. GEN. JAMES T. HILL, 000–00–0000 LINE OF THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED THE GRADE OF BRIGADIER GENERAL UNDER TITLE 10, BRIG. GEN. GREG L. GILE, 000–00–0000 STATES CODE, SECTION 531: UNITED STATES CODE, SECTION 624: BRIG. GEN. JAMES C. RILEY, 000–00–0000 KYUJIN J. CHOI, 000–00–0000 To be brigadier general BRIG. GEN. RANDALL L. RIGBY, 000–00–0000 WILLIAM D. DAY, 000–00–0000 BRIG. GEN. DANIEL J. PETOSKY, 000–00–0000 JASON W. HAINES, 000–00–0000 COL. WILLIAM J. DENDINGER, 000–00–0000 BRIG. GEN. MICHAEL B. SHERFIELD, 000–00–0000 MURZBAN F. MORRIS, 000–00–0000

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