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

Vol. 142 WASHINGTON, TUESDAY, APRIL 30, 1996 No. 57 House of Representatives

The House met at 12:30 p.m. and was SAM is most treasured as a hero of SAM has been our leader, SAM has called to order by the Speaker pro tem- World War II. He earned the Bronze been our mentor, SAM has been our pore [Mr. WELLER]. Star after parachuting into Normandy friend. SAM, thank you for all that you f on the night before D-day. have done for Florida, and for our Na- SAM served for 10 years in the Florida tion. DESIGNATION OF SPEAKER PRO House of Representatives. One of his In the Bible, there is a passage ‘‘For TEMPORE proudest accomplishments was passing I am now ready to be offered, and the The SPEAKER pro tempore laid be- legislation that created the University time of my departure is at hand. I have fore the House the following commu- of South Florida. Today, SAM is proud fought a good fight. I have finished my nication from the Speaker: to be recognized as the ‘‘Father of the course. I have kept the faith.’’ SAM WASHINGTON, DC, University of South Florida.’’ GIBBONS has been fighting the good April 30, 1996. In the Florida Senate, where he fight, and he has kept the faith. We are I hereby designate the Honorable JERRY served for 4 years, SAM GIBBONS helped so proud of you, SAM. You have been WELLER to act as Speaker pro tempore on establish Florida’s regional water man- our leader and you have been our this day. agement districts. These districts are NEWT GINGRICH, friend. Speaker of the House of Representatives. important because they have enabled I have a token that I want to give us to repair, maintain, and preserve f SAM and his wife. SAM, would you come our precious water resources, not just down, please? MORNING BUSINESS for our current enjoyment, but for A tiny token of our appreciation to The SPEAKER pro tempore. Pursu- Florida’s future as well. you and from me personally as being ant to the order of the House of May 12, So, when SAM GIBBONS marched into my mentor when I arrived here. 1995, the Chair will now recognize Congress in 1962, he was quite accom- Mr. GIBBONS. Thank you so much. Members from lists submitted by the plished in many areas of policy. And he Ms. BROWN of Florida. God bless majority and minority leaders for went on to tackle Congress in grand you, SAM, and God bless America. morning hour debates. The Chair will style. As a junior Member of Congress Mr. RAHALL. Mr. Speaker, it is with great alternate recognition between the par- in 1965, SAM GIBBONS was chosen by honor today that I rise today to pay tribute to ties, with each party limited to not to President Johnson to shepherd impor- our colleague, SAM GIBBONS of Florida. For 33 exceed 30 minutes, and each Member tant legislation such as Job Corps and years, SAM has stood proudly as a Member of except the majority and minority lead- Head Start through Congress. SAM se- the House of Representatives representing the er limited to not to exceed 5 minutes. cured a seat on the coveted Ways and 11th district of Florida and he will be missed The Chair recognizes the gentle- Means Committee and became chair- by all for his integrity and dedication to the woman from Florida [Ms. BROWN] for 5 man of its Trade Subcommittee in 1981. people of Tampa and to this institution, the minutes. One of SAM’s finest hours was shep- U.S. House of Representatives. f herding NAFTA and GATT through Mr. Speaker, although every American has Ways and Means to final passage. a different definition of an hero, I think that IN HONOR OF SAM GIBBONS In early 1994, when he became the most Members of the House would agree with Ms. BROWN of Florida. Mr. Speaker, acting chairman of the Ways and me that SAM GIBBONS has qualities that would we are here today to honor Congress- Means Committee, SAM GIBBONS was qualify him as a great American hero to each man SAM GIBBONS on the occasion of instrumental in passing a health care and every American. his retirement at the end of this year. reform bill through his committee. To some, a hero is defined as a military Even before SAM was elected to Con- Later that year, SAM worked tirelessly man who distinguishes himself in battle. As a gress in 1962, he already had a long and to protect Medicare, Medicaid, and wel- young captain in 1944, SAM was with 12,000 distinguished career. Serving 17 terms fare from the chopping block. members of the 101st Airborne who in Congress was a fine way for SAM to SAM is also a family man. SAM and parachuted into German-occupied France, finish off his remarkable career in pub- his darling wife Martha celebrate their providing key support for the invasion at Nor- lic life. Although, I am sure he is not 50th wedding anniversary this year. His mandy on D-day which earned him the Bronze going to disappear. I hear that SAM is three sons Clifford, Tim, and Mark, his Star. gearing up to teach, among other three daughters-in-law, and his five To some, a hero is someone who has es- things—not surprising for a man who grandchildren will benefit from our tablished himself as a leader of men. And if has spent his whole life serving his loss when SAM returns home to Florida his military service is not enough to prove this, country in one way or another. at the end of this year. his career in the House of Representatives

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

H4121 H4122 CONGRESSIONAL RECORD — HOUSE April 30, 1996 and Florida Legislature has. As a young mem- health care reform plan. In the course of this Looking over his record, of 17 terms, you ber of the then Education and Labor Commit- struggle, SAM demonstrated his ability to run have to be impressed with not only his suc- tee, SAM GIBBONS was chosen to floor man- the committee in a collegial and competent cesses but also with his battles. A listing of age the Great Society legislation, including the manner. During the 104th Congress, as the Representative GIBBONS experience and ac- Head Start Program, for President Johnson. ranking Democrat on the House Ways and complishments is long and impressive, but I Almost 30 years later, as chairman of the Means Committee, SAM GIBBONS was an influ- will not try to list them all, we'd be here too House Ways and Means Committee, he was ential leader of the House Democrats in de- long. able to muster enough support for a health bill fending Medicare and other important pro- It is well known that he parachuted into Ger- that no one thought was ever possible. grams. man-occupied Normandy in World War II on To others, being a hero means standing up I urge my colleagues to join with me in hon- the night before D-day. He won the Bronze for what you believe in, no matter what the oring SAM GIBBONS as a true public servant. Star for his service in that major military cam- odds are against you. In my years of Con- This institution will be diminished by his depar- paign. Representative GIBBONS has long cred- gress, I have not witnessed SAM compromise ture. However, we are enriched by the legacy ited his experiences as a captain in the 501st his views or do something in which he did not he will leave. His career is truly a model of Parachute Infantry/101st Airborne Division with believe. His powerful voice resonating in sup- public service to be emulated by Members of shaping his fundamental beliefs that have port of the elderly, the children, and veterans Congress for years to come. We wish him the guided him in his public service first in the will always be heard in the hallways of the best in his future endeavors. Florida State Legislature and then in the Unit- U.S. Capitol. Mrs. KENNELLY. Mr. Speaker, I am ed States Congress. And to others, being a hero, means being a pleased to join with my colleagues tonight to Representative GIBBONS' service in Con- good husband and father. For almost 50 pay tribute to a great Congressman and a gress has not been quite as hazardous as years, SAM has been married to Martha Han- good friend, SAM GIBBONS. Many of us have parachuting into Normandy, even though he ley and they have three sons who have mar- heard SAM tell about the night he parachuted would probably agree that there have been ried and have blessed SAM and Martha with into Normandy with the 101st Airborne. That several equally long nights preparing for and five grandchildren. story typifies SAM and the quality has col- fighting battles here in the House of Rep- Mr. Speaker, I close by wishing the best for leagues have come to value most in him: his resentatives. a great American hero, SAM GIBBONS, as he courage. In the hedgerows of Normandy or on Those of us who have served with him in and his family embark on new endeavors to- the House floor, SAM is willing to stand and the House of Representatives, and those of us gether. SAM has been a great friend to me fight for what he believes. who have had the honor of working with him during my tenure in the House of Representa- Throughout his career, on issue after issue, to craft legislation and compromise, we know tives and I will miss him greatly. SAM has shown tremendous fortitude. He has SAM GIBBONS as a man of understated wis- Mr. COYNE. Mr. Speaker, I rise today to never backed down from the principles and dom, dedication, integrity, professionalism, pay tribute to SAM GIBBONS who is retiring values he believes in. and humility. Since in the mid-1960's when President from Congress at the end of this year. SAM As a World War II veteran and a student of Lyndon Johnson tapped Representative GIB- GIBBONS has served the people of Florida for its history, SAM came to understand the critical BONS to be the floor manager for the Presi- over 50 years, including 34 in the U.S. House role of international trade in promoting not only dent's Great Society program, Representative of Representatives representing the 11th Con- economic well-being but long-lasting peace. GIBBONS, a son of the South, could talk about gressional District of Florida. He has worked for that vision of peace and the needs of the vulnerable in our society for A patriot and dedicated public servant, Mr. plenty throughout his career. As chairman of early education and early child development GIBBONS was an officer in the U.S. Army force the Ways and Means Subcommittee on Trade, programs like Head Start. He has dem- that liberated France and brought about the he has worked tirelesslyÐand successfullyÐ onstrated that a Member with deep convic- end of World War II. He parachuted behind to bring about a fair, open, and free world tions, and from the deep South, could be for enemy lines during Operation Overlord, the Al- trade regime. From the Caribbean Basin Initia- voting rights and still be re-elected, over and lied invasion of Normandy on D-day. For his tive to GATT, from customs modernization to over again. bravery in the service he was honored with a whole range of bilateral agreements, SAM Representative GIBBONS has a reputation as the Bronze Star. The young SAM GIBBONS has been in the forefront of every issue. In my being a defender of free trade, believing found in military service not only a pride in own State of Connecticut, where the healthiest strongly that countries and communities that serving his country, but a philosophy to end part of our economy is the segment that is in- trade with each other don't fight each other. war through economic pragmatism. Energized volved in international trade, there are any Some have even called him one of the found- against war from his combat experience, he number of people and companies whose eco- ers of GATT, the General Agreement on Tar- came to believe that countries which trade to- nomic well-being is directly tied to SAM'S ef- iffs and Trade, and it cannot be disputed that gether would not fight each other. It was this forts. And that same story is being repeated Representative GIBBONS provided zealous interest in the benefits of an open, global around the country. leadership in the negotiations for the develop- economy that subsequently guided SAM GIB- But I would like to conclude by offering SAM ment of the GATT. BONS as a champion of free and fair trade dur- a word of thanks from another groupÐthe I had the pleasure of working closely with ing his congressional career. Democrats who served with him on Ways and Representative GIBBONS when he chaired the SAM GIBBONS has constantly worked to Means. He took over as chairman under dif- Ways and Means Committee, and we worked meet the needs of his constituents and im- ficult circumstances, and became ranking together to craft the Democratic health care prove the lives of Americans during his legisla- member under circumstances even more dif- reform legislation in the 103d Congress. Rep- tive career. While serving in the Florida legis- ficult. But he led us when we were in the ma- resentative GIBBONS continues to lead the way lature, he championed historic legislation that jority, and he kept us on track when we were toward responsible social and fiscal policy as created the University of South Florida and in the minority. His dedication to our party's ranking minority member of the House Ways enacted legislation to establish Florida's re- principles, his commitment to fair treatment for and Means Committee in this 104th Congress. gional water management districts. SAM GIB- all Americans, and his confidence about Amer- Representative GIBBONS represents a dis- BONS was an early advocate of urban-renewal ica's economic future have inspired us. On be- trict in Florida that some believe is bounded and drafted Florida's first successful urban-re- half of my colleagues in the committee, I by Disney World and the Gulf of Mexico. That newal initiative. would like to thank SAM GIBBONS for all he has is only partly true. Hailing from southern In the U.S. Congress, he crafted legislation doneÐfor us, for this institution, and for his Hillsborough County, FL, Representative GIB- to allow Americans over the age of 55 to pro- country. BONS' district is as diverse as America itself. tect from taxation capital gains earned from Mrs. COLLINS of Illinois. Mr. Speaker, it is Representative GIBBONS has a well de- the sale of their primary homes. SAM GIBBONS with deep respect and admiration that I rise served reputation for creating dialog among was personally selected by President Johnson today to pay the highest tribute to my long- parties as diverse as students, shipbuilder, as House floor manager of the Great Society time colleague and friend, Representative SAM cigar industry workers, and the phosphate legislation, and he successfully navigated the GIBBONS of the 11th Congressional District of mining companies. Large retirement commu- anti-poverty initiativesÐwhich included Head Florida. On this day to celebrate one of Ameri- nities call on Representative GIBBONS to be StartÐthrough Congress. ca's true military and political heroes, it is only ever vigilant in his shepherding of the Medi- In 1994, SAM GIBBONS became chairman of proper that we take time to reflect upon Rep- care and other social programs. the House Ways and Means Committee and resentative GIBBONS' dedicated service to his Mr. Speaker, Representative SAM GIBBONS worked diligently to enact President Clinton's district, his State, and his country. is truly a representative of his constituents, April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4123 often leading where needed. I have been and resentatives. SAM GIBBONS made people un- egation, for hosting today's special order. We am proud to serve with him and am pleased derstand that the fight over Medicare was not are privileged to join him in paying tribute to to offer my voice to honor him on this day. an academic one, it involved the future of the SAM GIBBONS, the dean of their delegation and Mrs. THURMAN. Mr. Speaker, today, we program 37 million people and their families our good friend and mentor. are coming to the floor to honor one of the depend on and care deeply about. The Re- Once in a great while, we in the House of true giants of the House of Representatives, publican cuts to Medicare didn't go through, Representatives witness the loss of an institu- SAM GIBBONS of Florida. and SAM GIBBONS was a big reason why. tion within this institution. Today represents Mr. Speaker, our society often laments the Mr. Speaker, I was deeply saddened when such an occasion. For 34 years, SAM GIBBONS shortage of heroes and positive role models I heard that SAM GIBBONS had decided to re- has served in the Halls of Congress. Through- for young people in America. tire from Congress. He is my friend, my teach- out his tenure, he has been a passionate ad- You don't need to look further than SAM er and a man with so much more to give to vocate for the citizens of our Nation. Indeed, GIBBONS to find both. this institution. But I know that life goes on, he has represented the Eleventh Congres- For more than 44 years, SAM GIBBONS has and for SAM, there will be many new chal- sional District of Florida with the highest level sacrificed for his country and represented his lenges and adventures ahead. To SAM and his of integrity and commitment. As one of the fellow citizens honestly and faithfully on both wonderful wife, Martha, who will celebrate longest-serving Members of Congress, SAM the State and Federal level. He has played an their 50th wedding anniversary this year, I GIBBONS is a shining example of public service important role in some of the most significant offer my heartfelt wishes for continued happi- at its very best. I am proud to join my col- events of the century, from the D-day invasion ness and success. leagues in reflecting upon his remarkable ca- to the creation of Medicare and Head Start. SAM, the House just won't be the same reer. Mr. Speaker, the accomplishments of SAM place without you. Mr. Speaker, SAM GIBBONS began his politi- GIBBONS are the accomplishments of America. Mrs. MINK of Hawaii. Mr. Speaker, I rise cal rise with his election to the Florida House SAM went about doing great things with very today to honor an outstanding public servant of Representatives in 1952. Four years later, little fanfare, and a large dose of humility. and good friend, Congressman SAM GIBBONS. in 1958, he was elected to the Florida Senate. Every American living today and those not yet I was saddened to hear of his retirement; how- The highlight of his political career came in born will live longer, healthier, and more pro- ever, after such an illustrious career, his leg- 1962 when Florida residents selected SAM ductive lives because of the quiet excellence acy will live on in this Chamber. GIBBONS to represent their interests in the of Congressman SAM GIBBONS. He answered his country's call to service Halls of Congress. It was an outstanding Mr. Speaker, SAM GIBBONS established him- both at home and abroad. At a tender age, he choice for the State of Florida and the Nation. self as a leader early in life. joined the U.S. Army and served with distinc- Mr. Speaker, SAM GIBBONS brought to the More than 50 years ago, SAM GIBBONS was tion during World War II. For 5 years, he U.S. Congress the drive and determination to a skinny 24-year-old captain in the 501st fought courageously against tyranny with the represent citizens who are often voiceless in Parachute Infantry. 501st Parachute Infantry/101st Airborne Divi- the legislative deliberations. In the mid-1960's, In the dark, pre-dawn hours of June 6, SAM sion. As part of the initial assault landing force while still only a junior Congressman, Presi- began the long and treacherous campaign to on D-day, SAM parachuted onto Normandy dent Lyndon Johnson appointed SAM GIBBONS wrest control of Europe from Hitler's iron grasp beach. He earned a Bronze Star for his brav- as floor manager for much of his Great Soci- by parachuting through thick machine gun fire ery on that historic day. ety program. SAM GIBBONS successfully navi- and behind German lines near Normandy, Shortly after the war, he entered State poli- gated the antipoverty package, which included France. tics and was instrumental in establishing the the Head Start Program, through the Con- Realizing he was alone and miles from his University of South Florida. On November 6, gress. He has also been a staunch supporter planned drop point, SAM nonetheless quickly 1962, the people of Florida's 11th District of pension reform, and he has played a pivotal determined his position, picked up other Amer- elected SAM GIBBONS to the U.S. House of role throughout his congressional career in icans along the way and carried out his mis- Representatives. Since the 88th Congress, he shaping the Nation's tax laws. sion to capture French towns and prevent re- has been an advocate of free trade and a Mr. Speaker, SAM GIBBONS has served with inforcements from reaching German troops friend to children, seniors, and the disadvan- distinction as a ranking member of the House battling the allied invasion at Normandy. taged. Ways and Means Committee and the Joint Mr. Speaker, SAM GIBBONS helped D-day I served with him from 1965 to 1977, and Committee on Taxation. For 13 years, he succeed by carrying out his mission. For his together we joined in the great achievements served as chairman of the Ways and Means bravery and valor, he was awarded the of this era such as the creation of Head Start Subcommittee on Trade. In this position, SAM Bronze Star. and the enactment of Medicare. Although he has advocated his position on open markets SAM's career in public service began with served a pivotal role in passing sweeping leg- and fair trade. SAM GIBBONS also guides the his election to the Florida House of Represent- islation back then, perhaps his greatest fight 23-member Florida congressional delegation atives in 1952. While there, he passed land- was in the 104th Congress. His powerful where his political insight and legislative skills mark legislation creating the University of speeches in defense of programs for the el- have earned him the respect and admiration South Florida. In 1958, he was elected to the derly and children exemplified his ardent com- of his colleagues. Florida Senate and enacted the law to estab- mitment to those who are powerless in our so- Mr. Speaker, we will miss SAM GIBBONS lish Florida's regional water management dis- ciety. when he departs the Congress at the end of tricts. I will never forget SAM's fiery contributions this legislative session. However, he has cre- Soon after coming to Congress in 1962, to the debate on my welfare substitute last ated a legacy of outstanding public service SAM played a pivotal role in the passage of March. He fought tirelessly during the heated that will stand for many years to come. I ex- landmark social legislation. President Lyndon discussion. His presence on the floor helped tend my good wishes to SAM, his lovely wife Johnson appointed the junior Congressman as gain control as the issue generated passionate of 49 years, Martha, and members of the Gib- floor manager for much of his Great Society remarks from both sides of the aisle. Although bons family. We congratulate our good friend, program, including Head Start, still recognized the substitute failed, I will always appreciate SAM GIBBONS, and we wish him many, many as one of the most successful and cost-effec- SAM's support. The record will show his undy- years of happiness and good health. tive programs of the Federal Government. ing compassion for America's children. Mr. SENSENBRENNER. Mr. Speaker, I rise Just like in World War II, SAM GIBBONS was Yes, this Chamber will miss SAM GIBBONS, today to pay tribute to the gentleman from in the trenches fighting for the passage of but his retirement is well deserved. From the Florida, Mr. SAM GIBBONS, who has distin- Medicare and Medicaid, because he under- beaches of Normandy to the U.S. Congress, guished himself over the past 34 years in the stood the fundamental fairness and need to he dedicated a virtual lifetime to making this House of Representatives through outstanding maintain a minimum level of health care for country a better place. He has gained my re- service to the people of the United States. every American. spect and admiration. For his accomplish- Mr. GIBBONS is a World War II hero who And when the Republican leadership tried to ments and devotion, he will be remembered parachuted into Normandy on D-day as part of significantly weaken Medicare by cutting $270 as the essence of a public servant. My best the 101st Airborne. After serving his country in billion, SAM GIBBONS didn't just roll over, he wishes to you and your family, SAM. the war, he began his political career while shouted so that all of America could hear. He Mr. STOKES. Mr. Speaker, I want to thank practicing law. told the truth about what deep cuts to the pro- my colleague, the distinguished gentlelady Mr. GIBBONS entered the Florida State gram would do. He woke up Americans with from Florida, Representative CORRINE BROWN, House in 1952; 6 years later, he was elected the facts and they started calling their Rep- and members of the Florida congressional del- to the State senate. For the past 34 years, he H4124 CONGRESSIONAL RECORD — HOUSE April 30, 1996 had admirably served in the House of Rep- He also played an instrumental role in se- the Voting Rights Act of 1965, helping to dis- resentatives for the Tampa area. curing Federal money for the building of the mantle the artificial barriers that kept African- Mr. GIBBONS' legislative successes include sunshine skyway bridgeÐone of the true ar- Americans from exercising their constitutional floor-managing President Lyndon Johnson's chitectural marvels in our beautiful State. right to vote. He not only supported, but en- antipoverty package, which contained Head Mr. Speaker, having known SAM for many hanced the anti-apartheid bill that helped to Start and other programs. years, I can tell you that he is genuinely con- end the apartheid regime of South Africa. He Throughout his years in public service, SAM cerned for the welfare of his constituents. also cosponsored the civil rights restoration bill GIBBONS has been an unwavering advocate While we have often not agreed about certain of 1990. for the least fortunate in our society. He has issues, I have always known that SAM deeply I have the utmost respect for SAM. I respect admirably remained true to his values and cares about the people he representsÐand I his insight into the complex problems of our principles even in the face of sharp opposition respect him for that. day and his sound judgment. He is principled, and criticism. I would like to join my colleagues in con- fighting for both personal and party principles. On behalf of the citizens of Wisconsin's gratulating him on his outstanding service to He is feisty and tenacious in pursuing his ninth district, we thank Mr. SAM GIBBONS for his country and wish him the best of luck in all goals. He would not tolerate distorted exag- his outstanding service. of his future endeavors. gerations of the truth, particularly about the Mr. FROST. Mr. Speaker, it was with great Mr. DINGELL. Mr. Speaker, in the last 18 state of the poor in America. I will miss him regret that I learned of the retirement of Rep- months, Democrats like SAM GIBBONS and my- and his leadership. I wish him a most happy resentative SAM GIBBONS. One of our most es- self have found our voices in taking on the re- retirement. teemed Members, and the dean of the Florida actionary and extremist behavior we have Mr. MONTGOMERY. Mr. Speaker, I am delegation, SAM GIBBONS has decided to retire seen coming to the fore in this institution. pleased to take this time to honor Congress- after spending 34 years working on behalf of Some may think SAM is retiring at a time when man SAM GIBBONS for his service to his State America's families. his voice is vital to the rejuvenation of our and his country. I want to congratulate him on As a young man, SAM GIBBONS won the party. Let me tell you a little bit about the his- his achievements as a Representative and on Bronze Star for parachuting into Normandy tory SAM GIBBONS has created during his ten- his decision to retire. during World War II. After the war, he became ure as a Florida Congressman. After his 17 terms in office, it goes without a lawyer and served in both the Florida State Since 1965, SAM GIBBONS has been a tire- saying that he will be missed. I am sure most House and Senate before being elected to less advocate for the Nation's elderly. We both of you will agree that the House Ways and Congress. voted for Medicare during its inception in 1965 Means Committee will not be the same after During his tenure in Congress, SAM GIB- and have continued to fight for its funding es- he leaves. BONS has worked to enact meaningful legisla- pecially today when the Republicans want to Before becoming a Member of Congress, tion concerning Medicare, Medicaid, pension cut it to fund their wealthy tax break. I remem- SAM had already proven himself to be a man reform, and trade. In fact, SAM GIBBONS was ber when SAM was floor manager during Lyn- of honor and courage. His life has been filled the floor manager during the 1960's for Presi- don Johnson's Great Society legislation which with moments that showed his true merit from dent Johnson's antipoverty package, which included programs like Head Start and the Job parachuting into Normandy during D-day, created Head Start and the Job Corps among Corps. where he earned the bronze star, to the 10 other programs. As the chairman and now ranking member years of duty in the Florida Legislature. In addition, as chairman of the Ways and on the House Ways and Means Committee I It was due in large part to his work in the Means Committee in 1994, SAM guided a new had the honor of working closely with SAM as Florida Legislature that the University of South world trade pact, the General Agreement on his committee oversaw the Medicare trust fund Florida was created, and it is why today he is Tariffs and Trade, through House passage. and Commerce oversaw Medicaid and part of known as ``The father of the University of It has been an honor and a privilege to Medicare. South Florida.'' serve in the House with Representative GIB- I have watched SAM GIBBONS grow from a Which leads us to his 34 years of service BONS. Clearly, SAM's hard work and dedication Florida freshman to a virtual institution and a here in the U.S. House of Congress. As a to public service have improved the lives of all recognized leader in his party. This Congress member of the Ways and Means Trade Sub- Americans, and he will be sorely missed. I will not be the same without you. It will have committee and the Joint Committee on Tax- wish him well in his retirement. been 34 years since I last knew this institution ation, he has left his mark on many of the bills Mr. BILIRAKIS. Mr. Speaker, today I would without SAM GIBBONS and I am saddened to passed through Congress. It has been be- like to pay tribute to a man who is a living return to that time. cause of his tenacity that bills ranging from symbol of what is good about this country. Mr. DELLUMS. Mr. Speaker, I rise today to Project Head Start to international trade Next January, Congress will lose a fine man honor SAM M. GIBBONS, a long-time friend. He agreements have been moved from committee and a true fighter who has spent his entire life is now retiring after serving in the House of to law. serving his country in one capacity or another. Representatives for 34 years. He has served I want to reiterate what a pleasure it has I want to join my colleagues in wishing Con- the Tampa Bay area well these many years, been to know SAM and his wife, Martha, and gressman SAM GIBBONS the best of luck. and his departure will sadden those of us who their three sons, Clifford, Tim, and Mark. I Congressman GIBBONS recently announced have served with him and those he has rep- have enjoyed serving with him over the years, that he will not seek reelection to another term resented. and I especially enjoyed attending the 40th in Congress. While he will be missed by many SAM has been a stalwart member of the and 50th anniversary of D-day in Europe with Members, he has left an indelible mark on the Ways and Means Committee since 1969, and him. Congress and his own personal imprint on the he served as chair of the Subcommittee on I wish him all the best in his retirement, but history of our country. Trade from 1981 through 1994. In that role, he I have my suspicions that his face will not just SAM GIBBONS began his service to his coun- championed open markets and free and fair disappear off the scene. He has too much ex- try long before he entered public life and the trade around the globe, and his accomplish- perience in areas that are crucial to the run- political arena. In 1944, He parachuted behind ments have been hailed both on the inter- ning of this country. I am sure he will pop in German lines into Normandy as part of the Al- national and the domestic fronts. He became now and again to keep the social issues he lied Forces that led the United States to vic- ranking minority member in 1994 and showed has worked so hard on headed in the right di- tory in World War II. He was awarded a the Republican majority that he was not afraid rection. bronze star for his service. to stand up to them. Mr. KLECZKA. Mr. Speaker, I rise today to In 1953, he was elected to the Florida The work done by SAM on the domestic pay tribute to my retiring colleague and friend, House of Representatives, serving in that ca- front is close to my own heart. SAM helped to the Honorable SAM GIBBONS of Florida. pacity for 6 years. As a State representative, guide President Lyndon Johnson's antipoverty SAM and I have served together on the he helped bring the University of South Flor- package through Congress in the mid-1960's, Ways and Means Committee since 1993. ida, one of the finest institutions of higher and is largely responsible for the Head Start Though I have only had the privilege of work- learning in our State, to his Tampa District. He Program, which has nurtured young children ing closely with him for the last 3 of his 34 was elected to the State Senate in 1959. from poor backgrounds in preparation for years in Congress, I have quickly come to He began walking the halls of Congress in school ever since. This is one of the major ac- value his hard work and dedication. The com- 1963 and immediately established himself as complishments of the war against poverty. mittee has benefited greatly from his years of a prominent voice fighting for the interests of His social conscience will leave a great leg- experience working on behalf of economic his constituents. acy for years to come. SAM bravely supported growth and fairness for all Americans. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4125 Even in the early days of his congressional got involved. I do not think that rates friend and colleague, SAM GIBBONS of career, Representative GIBBONS was a tireless in the category of Head Start, but it is Florida. champion of efforts to help the poorest among something that you have been helping I was sorry to hear that SAM has de- us. It was under his leadership and guidance with the community and the area for a cided not to seek reelection in Novem- that antipoverty initiatives such as Head Start long, long time. ber. I had hoped that he would stay to were successfully steered through the House. SAM and I do not necessarily agree on continue giving our Nation the benefit In his more recent service as acting chairman all the issues. We have a lot of things of his wisdom and leadership. of the Ways and Means Committee, he com- we do agree on, and I do respect SAM But, after 34 years of outstanding mitted himself to efforts to ensure that all for believing in an issue and he stands service in the House of Representa- Americans would have good health care. In for it. I can tell you two issues in the tives, SAM certainly deserves a well- this, the 104th Congress, he has continued past couple of years that had strong bi- earned retirement. I want to thank SAM for being such a this long tradition of leadership as ranking partisan support, and very controver- good friend to me over the years. I member and leader of the Democrats on my sial issues, that SAM was willing to have certainly enjoyed working with stand up and talk about it and take a committee. him. And, I also want to thank him for I know that my Ways and Means colleagues stand regardless of what anyone else his service to our Nation and to the said within his party or such. and I will certainly miss SAM GIBBONS. His people of Florida. One is NAFTA and GATT. The Flor- leadership, companionship, good humor, and SAM is a true hero in my book. His fierce commitment to what he believes is right ida delegation, 23 strong, we held back, bravery during the D-day invasion of make him a valued ally whose presence will 22 of us, on doing anything on NAFTA German-occupied France is legendary. be sorely missed. and GATT. SAM was right out front all One of 12,000 paratroopers who landed f along, saying NAFTA is an important behind enemy lines, SAM was awarded issue for world trade and for our grow- the Bronze Star for his World War II SAM GIBBONS, A LEGEND IN ing economy in this world economy of FLORIDA service. ours, so he was a leader on that. He did He is a dedicated patriot and a dedi- The SPEAKER pro tempore. Under not care that it was not that popular in cated public servant. SAM GIBBONS the Speaker’s announced policy of May some areas of Florida, but SAM was cares about people and about improv- 12, 1995, the gentleman from Florida willing to stand up and debate that ing their quality of life. He spear- [Mr. MILLER] is recognized during issue. headed the drive to pass Lyndon John- morning business for 5 minutes. Another issue, one recently that I son’s antipoverty programs in 1965 and Mr. MILLER of Florida. Mr. Speaker, was involved in, was the issue of sugar. he has been a champion for the poor, after my colleague, the gentlewoman Sugar is a powerful factor in the State the elderly and for children ever since. from Florida [Ms. BROWN], spoke and of Florida and a powerful influence. I, As chairman of the House Ways and read passages from the Bible, I thought along with CHUCK SCHUMER on the Means Committee in the 103d Congress we should be in the great rotunda or Democratic side, led the drive to do and as its ranking Democrat in this something. We are here to praise SAM, away with the sugar program, very Congress, SAM has played a key role on not to bury SAM. SAM is going to be controversial. SAM was the only Demo- critical issues such as health care re- around for a lot longer, both here in crat to stand up and speak on the floor form, Medicare, Medicaid, Social Secu- this session of Congress but also, of of the House for that particular piece rity and free trade. course, I think here in Washington of legislation. We only had half of the SAM has served this body with integ- with family here, and also back in the Republicans support the legislation, rity and deep commitment. He has Tampa area. but SAM was willing to stand up there stayed true to his values and true to My congressional district in Florida and take a stand. the American people. adjoins SAM’s. I was an undergraduate Last week we had a hearing in Ways SAM, I salute you as you approach at the University of Florida when he and Means talking about a tomato the end of your congressional career. first came here in 1962. You know issue and 22 of us signed a letter, but Your accomplishments are many. They will always be remembered and appre- about SAM. He is a legend in our area. SAM felt strong enough on the issue to When I first had the opportunity to say that ‘‘I am not going to sign just ciated. I wish you and your lovely wife, Mar- come to Congress in 1992, I remember because all of you all signed it.’’ The tha, all the best in your future endeav- meeting SAM and he would introduce point was his basic philosophy on trade ors. me. We would have Florida gatherings, and trade issues. I respect and admire f and he would say, ‘‘I am so glad that SAM for taking that stand. DAN MILLER now has Sun City, Flor- I also thank SAM for, as a newcomer SERVICE WORTHY TO BE ida.’’ coming to Washington and never in- REMEMBERED Sun City is an area that SAM actu- volved in politics, how you and Martha The SPEAKER pro tempore. Under ally helped develop as an area of large were always so nice to us. We shared a the Speaker’s announced policy of May retirement communities in south lot of flights to and from Tampa. Your 12, 1995, the gentleman from Florida Hillsborough County. They are very wife has been nice to my wife Glenda, [Mr. MICA] is recognized during morn- Republican oriented and they were not and you have been to me. ing business for 5 minutes. the Great Society Democrat support- And here as a chairman of the Com- Mr. MICA. Mr. Speaker, I come to ers, so they are great for me as a Re- mittee on Ways and Means, and I was a the floor to join my colleagues from publican but they always gave you a lowly freshman Republican, you were Florida and also from across the Unit- lot of trouble, I know. always friendly and supportive and ed States to honor my colleague and Ms. BROWN was giving us some of the talkative in sharing your thoughts and my friend, SAM GIBBONS. I came here, great things that you accomplished, ideas with me, and reminiscences. We too, just 3 short years ago from a dif- whether it is Head Start and Job Corps will miss you. We will look forward to ferent party, from a different philoso- or NAFTA and GATT and such. People the next 4 months, and I am sure I will phy, but I have known SAM GIBBONS for do not understand our area and some of see a lot of you in the next years. Con- a number of years even before I was the great contributions that you have gratulations, SAM. elected to this Congress, and I have al- made, and I think I need to bring it to f ways held him in the highest respect. the attention. So it is indeed a great honor for me to You made the contribution to allow TRIBUTE TO SAM GIBBONS come before the House today to pay golf carts to cross the State highway in The SPEAKER pro tempore. Under tribute to SAM GIBBONS. Sun City. That is how people get the Speaker’s announced policy of May Most people do not realize the dif- around, is driving golf carts. Instead of 12, 1995, the gentleman from Alabama ficulty of this job. As I said, I have having two cars in every garage, you [Mr. BEVILL] is recognized during only been here 3 years, and I served in have one car and one golf cart, and it morning business for 1 minute. the minority and I served in the major- was against the law to have golf carts Mr. BEVILL. Mr. Speaker, I rise ity, and you realize the burdens of re- across the highway until SAM GIBBONS today to pay tribute to my long-time sponsibility coming and representing H4126 CONGRESSIONAL RECORD — HOUSE April 30, 1996 the people of this great Nation and our FAREWELL TO SAM GIBBONS have a man of such compassion and great State and the tremendous per- The SPEAKER pro tempore. Under fearless idealism leave this institution. sonal sacrifice. Unless you have been the Speaker’s announced policy of May With gratitude for all he has done, I there and done that, you just have no 12, 1995, the gentleman from Pureto speak for the people of Puerto Rico in idea what it entails, the sacrifices for Rico [Mr. ROMERO-BARCELO´ ] is recog- wishing him and his family the best in SAM personally, for Martha, his lovely nized during morning business for 1 his retirement years and the recogni- wife, and for his family. minute. tion he so definitely deserves. But I have been here for 3 years and Mr. ROMERO-BARCELO´ . Mr. Speak- f I have seen that he has been here for er, I speak for the people of Puerto SAM GIBBONS, A REAL HERO three decades and he has done that. So Rico in saying that we wish SAM GIB- The SPEAKER pro tempore. Under he deserves our praise and the credit, BONS the best of times following his re- the Speaker’s announced policy of May the thanks of a State, the thanks of his tirement from the House of Represent- 12, 1995, the gentleman from New York colleagues and the thanks of his Nation atives. After 34 years of devoting him- [Mr. HOUGHTON] is recognized during in this short tribute to him. self to the welfare of the people of Florida, his home State, and to the morning business for 5 minutes. Many people also see the conflict, Mr. HOUGHTON. Mr. Speaker, I hope and heaven knows we have had the con- welfare of the American people, he more than deserves the opportunity to I am not going to bend too many rules flict. SAM and I have gone at it on the by referring to this distinguished gen- devote his time to himself and his fam- floor here, and we both express our tleman over here, and SAM, I am not ily. I again speak for the people of opinions and our viewpoints. But what going to say anything unusual. You Puerto Rico in saying that we also is interesting, most people do not see, have heard it, but I want to reiterate it view his departure with a strong sense is that we come together. We come to- because it means something to me. gether for the State of Florida and for of personal loss. We have no voting rep- After 50 years of public service you the country. That is the greatness of resentation in Congress, but we have are stepping down, and that is pretty always had the benefit of a few special this institution, and certainly SAM unusual. You are a real hero in any- does typify all those great traits and friends who have shown great under- one’s mind, and I suppose no one can that coming together and that leader- standing in working to protect the in- replace any one of us as individuals but ship. terests of 3,700,000 disenfranchised U.S. you are somebody very special. citizens. SAM GIBBONS is one of these Let me go back to this World War II So we have, my colleagues, today an special friends. opportunity to honor a distinguished experience which many people have re- SAM has honorably represented his ferred to. I was in World War II, but I leader for many years of service, not home district in Congress since 1963, just here, in our State House in Florida am not a hero like SAM is. The concept while never losing sight of the impor- of dropping 15 miles behind the enemy and, as I said, three decades of dedica- tance of being fair to the people of tion in this great body. lines in Utah Beach, 2:30 in the morn- other districts. The intensity of his ing on January 6, to wipe out the We have a distinguished veteran. He commitment to the principles of fair- enemy, to make it safer for those boys is a model for what made this country ness and compassion for the disadvan- to come in on the beach, is really an great in his service to his Nation, and taged and the deserving against all act of heroism. we certainly owe him our debt of grati- odds, can be summarized in one word— And that is not all. SAM went then on tude for his tremendous service as a fearlessness. to Holland and, as many of you know, veteran. More than 50 years ago SAM GIBBONS remember the story ‘‘A Bridge Too Then, the part I said that is so im- parachuted into Nazi-occupied France Far’’ and the Rhine campaign, and portant about SAM is his distinguished on the night before the Normandy in- then there was the Battle of Bastogne character as a family person. I know vasion. Upon his entrance to Congress and the Battle of the Bulge, and then, his family and his wife, and he is in- almost two decades later, he imme- ultimately, the final attach on Berlin. deed a distinguished family man, which diately began applying this same fear- You were there. As somebody who was is so important. When all the other lessness to the defense of the disadvan- associated with you, but in a different trappings of office leave us, you still taged of this country. part of the war, I will always be grate- have your family. He has certainly His early battles included floor managing ful for that, SAM. been a great family man, a distin- President Johnson's anti-poverty programs, in- So, what do you say about somebody guished family man, which I think is so cluding Head Start, and supporting the Voting who leads a group, there are less than important. Rights Act of 1965. He has continued this 25 in this House Chamber now that So I join my other colleagues today fearless fight in recent years, cosponsoring the served in World War II, and will be in thanking him for his years of serv- civil rights restoration bill of 1990 and fighting going on to other things and will not ice, for caring about people. He is so for health care reform and for legislation to aid be here to give his wisdom? It is going sincere in his caring, not only for the the elderly. In his work as a senior member of to be a different place. I mean, every one thing leads to an- people of Florida but for the entire the Ways and Means Committee he has also other thing. In talking to SAM’S son, country, and no matter where they fought for the equal participation of the people Cliff, a terrific young guy, he was say- came from or their persuasion or their of Puerto Rico in Federal programs and has ing, ‘‘One of the things that differen- standing in our society. stood against legislation which would harm the disadvantaged. tiates my father from many other peo- I often look up here behind me at the Sam has also been a strong advocate of ple is that that experience in World top of the podium, the very top of the politics aimed at creating peace and security War II carried on to everything he did House Chamber, and remember the for our country and for the rest of the world. in life.’’ words of Daniel Webster. I first looked He is well known for his view that a ``world There were two particular areas at them when I came here. Dan Web- bound together by the ties of trade is a world when he came to Congress. One was the ster actually asked the question when strongly inclined toward economic growth and field of education, and you have heard he served here, and his comment was peace.'' As chairman of the Subcommittee on a lot about Head Start. People could whether we also in our day and genera- Trade he has successfully guided through the say, well, anybody could have started tion may not perform something to be House such important and controversial trade Head Start. They could not have. They worthy to be remembered. legislation as the North American Free Trade did not. This is the man who did it. But Certainly, SAM, you have performed Agreement, the General Agreement on Tariffs you did not do it in a vacuum. You did something worthy to be remembered, and Trade and the Caribbean Basin Initiative. it because of your feeling that if people and you have served your generation This last initiative has been particularly impor- can be educated and not beaten by the and generations well. So I join my col- tant to the development of the economies of time they go to first grade, they could leagues from the Florida delegation, several countries and the security and regional learn, they could understand the world from around the country, in saluting integration of the Caribbean Basin. in which they lived. you today and thanking you for a job It is a loss to the Nation and particu- That was the whole genesis of the well done. larly to the people of Puerto Rico to great service that SAM performed in April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4127 the Education and Labor Committee. tory will replicate and document that However, I believe it is his commit- SAM, I know I am talking about things SAM GIBBONS was a hero. ment to free and fair trade for the that you know far better than I, but He spent 50 years since he was in United States which constitutes the again they mean a great deal to me. World War II. He has a memory that is greatest legacy of the honorable Mem- Then when you got on the Committee replete with all of these memories and ber from Florida. He has guided numer- on Ways and Means, I understand it all of these facts and all of the tax laws ous trade policy milestones through was not an easy task. I understand it and he helped to make them. He helped the sometimes contentious legislative came down to a couple of votes right to bring about some of our most fa- process, including the historic passage here on the House floor, getting on mous educational programs. But he is a of the United States-Israel Free Trade Ways and Means. And then what you son of Florida, both in uniform and Agreement, the United States-Canada did as far as trade is concerned, I used out. Free Trade Agreement, the subsequent to be in the glass business, and I re- Mr. Speaker, the gentleman from North American Free Trade Agree- member coming down here as part of a Florida is serving his 17th term in the ment, and the Uruguay Round Multi- group called the Labor-Industry Coali- Congress and I am so pleased that I had lateral Trade Agreements. tion for International Trade, and Sen- a chance to serve with you, SAM, and to On both a bilateral and multilateral ator Heinz and Senator BAUCUS and learn about your wonderful family. basis, he has worked tirelessly to ex- Senator ROTH and SAM GIBBONS were And I was most proud of you, SAM, pand markets and improve trade rela- part. And I had a sense, and I was not when the President designated you as tionships all over the world. This in- looking at it from a political stand- his personal representative. cludes not only our traditional trading point but I had a sense, here was a man This is the first time I have been to partners, such as Canada, Mexico, who understood the essence of tried. this floor talking about SAM GIBBONS. I Japan, and the European Union, but Obviously that has been manifested could come back every day of the year also the emerging economies of East- with your support of GATT and and I would say something new every ern Europe, the former Soviet Union, time about SAM GIBBONS. I saw him on NAFTA and things like that. and China. But again it was to try to relate the television as he attended the cere- It seems on the face of it such an im- peoples of the world, whether it is monies in Normandy last year and how possible task. However, although the through education or whether it is he stood upright and how he spoke challenges were exceedingly difficult forthrightly about his love for this through the economy, so that they will and the interests both at home and country and for his love of democracy. understand each other, and there will abroad were diverse, SAM’s commit- Mr. Speaker, what an outstanding ment to the philosophy of open, com- not be a problem in terms of generat- job he has done for all of us as the petitive markets and uniform trading ing the real gulf of lack of understand- ranking minority member of the Com- rules provided the solid foundation for ing which obviously results in wars. mittee on Ways and Means and how he Now, you say you judge a man by his success after success. These successes was the chairman of the Subcommittee friends. I say you judge a man by his meant the creation of more and more on Trade. SAM knows trade like no one family. I know JOHN MICA has men- else in this country and he does not jobs and a higher standard of living tioned this, and you cannot take a look mind sharing that information with throughout the world. Mr. GIBBONS has traveled the world at SAM and his lovely wife Martha and you. Cliff and the other children—Martha He is recognized for domestic policy and talked frankly and openly with and Cliff are the other members of the as well and it is sort of hard to capsul- presidents, kings, dictators, and prime family that I know—without realizing ize you, SAM, because you are an enig- ministers. He also has traveled this that here is somebody who is not just a ma. You have it all. You have the po- country and talked to big business, perception, he is a real, real person rep- litical know-how. You have the love of small business, workers, and consum- resenting all those values which you the people. You have the love of the ers—friend and foe alike. The results and I think are important. State. And, SAM, again and again, we are his legacy—an economy that is the Now, there are going to be many peo- pay tribute to you, a strong America, a envy of the world, an expanding job ple who are going to be going after good hero a power, a pioneer, and a market, and a primary role for the your seat in Congress and there are man who knows it all. United States in international trade going to be many people, SAM, who are Thank you very much, SAM, for hav- policy. going after your seat on the Committee ing shared your life with us. There are few instances when the on Ways and Means, and that is right f welfare of the average American work- and natural. But you know something, ing family has been so directly and sig- SAM’s job, SAM’s job is not up for grabs, SAM GIBBONS: A LEADER ON nificantly affected by the dedicated and it never will be, because SAM’S job TRADE ISSUES leadership of one man. We can claim is where SAM is. The SPEAKER pro tempore. Under such an honor for SAM GIBBONS. His f the Speaker’s announced policy of May trade policy leadership, along with his 12, 1995, the gentleman from Illinois contributions in the area of Medicare, THANK YOU, SAM GIBBONS, FOR [Mr. CRANE] is recognized during morn- Social Security, and tax reform, has SHARING YOUR LIFE WITH US ing business for 5 minutes. touched the lives of so many, many The SPEAKER pro tempore. Under Mr. CRANE. Mr. Speaker, at the Americans. the Speaker’s announced policy of May close of the 104th Congress we will, Jobs have been created and the qual- 12, 1995, the gentlewoman from Florida with regret but with pride in having ity of life has been lifted. He has im- [Mrs. MEEK] is recognized during morn- known him, bid goodbye to a valued proved the lives of the citizens of his ing business for 2 minutes. friend and a dedicated Member of this congressional district, his State, and Mrs. MEEK of Florida. Mr. Speaker, I Chamber, the Honorable SAM GIBBONS the Nation. want to think the gentlewoman from of Florida. In the years to come, others must Florida [Ms. BROWN], my colleague, for I have had the privilege of knowing provide the caliber of leadership and having put this together. And I would the dean of the Florida delegation for commitment for which SAM GIBBONS like to say to this Congress and to the more than 25 years and during most of has become so well known. Others will world, seldom will they have a chance that time we served together on the strive to achieve his high standards of to either serve or even know a man Ways and Means Committee. There he integrity, dedication to family, and like SAM GIBBONS. has served with the highest distinction, service to country in both peace and Mr. Speaker, it is an unusual occur- particularly as chairman of the Trade war. I believe SAM GIBBONS has pro- rence to have someone like SAM and to Subcommittee, a position which I now vided a blueprint for a life of public have a man who is a hero and a legend have the good fortune to hold, and service that will both attract and chal- in his own time. He is a legend and he later as chairman of this powerful com- lenge a new generation of congres- has made Florida proud. He is not one mittee with paramount jurisdiction sional leaders. with a lot of talk and fanfare about over taxes, trade, welfare, Medicare, I look forward to my friend’s contin- SAM GIBBONS. He does the job and his- and Social Security. ued contribution in private life; I will H4128 CONGRESSIONAL RECORD — HOUSE April 30, 1996 forever cherish his friendship; and, I world, a better country for American venture to say that whatever you do join my colleagues in extending the men and women. you will do with great passion and Honorable SAM GIBBONS my very best Mr. Speaker, I wish the gentleman gusto. wishes for the future. God bless you, from Florida the best fortune in his fu- f SAM. ture endeavors. SAM GIBBONS WROTE THE RULES f f FOR THE COMMITTEE ON WAYS SAM GIBBONS: TRULY AN A TRIBUTE TO SAM GIBBONS AND MEANS AMERICAN HERO The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under the Speaker’s announced policy of May the Speaker’s announced policy of May the Speaker’s announced policy of May 12, 1995, the gentleman from Florida 12, 1995, the gentleman from California 12, 1995, the gentlewoman from Con- [Mr. STEARNS] is recognized during [Mr. STARK] is recognized during morn- necticut [Ms. DELAURO] is recognized morning business for 5 minutes. ing business for 2 minutes. during morning business for 2 minutes. Mr. STEARNS. Mr. Speaker, I also Mr. STARK. Mr. Speaker, it is a joy Ms. DELAURO. Mr. Speaker, I rise want to participate in this commemo- to get a chance to speak to SAM when today to join my colleagues in honor- ration to our good colleague, SAM GIB- he has to sit and listen to us. ing the gentleman from Florida, my BONS, and I want to thank the gentle- Mr. Speaker, I have worked with SAM dear friend, SAM GIBBONS. I would like woman from Florida, MS. BROWN, my my entire 22 years on the Committee to say thank you to the gentlewoman colleague, for setting aside this time to on Ways and Means. It is interesting. from Florida [Ms. BROWN] for organiz- do this. SAM opposed expanding the Committee ing this tribute to a man who has Mr. Speaker, it came as a surprise on Ways and Means when all of us new served his country with distinction for when SAM GIBBONS announced his plans youngsters came on the committee. over half a century. to retire from Congress at the end of They had a nice little club and they SAM GIBBONS is truly an American this year. SAM GIBBONS’ name has be- really did not want to add to it. hero. Most people know SAM for his come synonymous with Florida poli- But once the caucus worked its will work here in the House in steadfast de- tics. He has represented the Tampa and the Committee on Ways and Means fense of Medicare for our Nation’s sen- area for the past 44 years, first ventur- learned about democracy and expanded iors. He understands what Medicare ing into politics as a State representa- its membership, SAM turned out to be has meant in the lives of seniors. He tive and then the State senate. He was the fairest of the titans on that com- understands what health insurance has sworn into Congress during the Ken- mittee for opening up and sharing the meant to the seniors of this Nation. He nedy administration and for the past 34 responsibility. has been inspiring in leading the years has represented Tampa in the Mr. Speaker, he wrote the rules for charge in that important fight and I House of Representatives. that committee which stand today I am proud to have served with SAM GIB- When I first heard about SAM’s plans think as a mark for other committees BONS. to retire, I couldn’t help but recall the in its fairness and its openness. And Yet, outstanding service to our Na- 50th anniversary D-day invasion cere- many of us who worked with SAM for so tion is nothing new to SAM. Mr. Speak- monies that I had the privilege of at- long remember that. He could oppose er, 52 years ago this June SAM GIBBONS tending and to which SAM GIBBONS was you and he is not shy and he is willing led the charge as American and Allied appointed as a special representative, to speak out. And unlike some of us, he troops stormed the beaches in Nor- by President Clinton. does not need to learn more diplomacy mandy in Operation Overlord, the inva- It was indeed fitting that Mr. GIB- and reticence because he has Martha, sion that liberated Nazi-occupied BONS was specially designated as the and Martha has been able to keep SAM France and marked the beginning of President’s representative. SAM has a mellow and happy when he has been the end of World War II. long and distinguished career in service fighting like hell for something that he SAM won the Bronze Star for para- to his country. A decorated World War believes in. chuting into France the night before II veteran, he showed extreme bravery Mr. Speaker, SAM wrote the rules for the invasion. As President Clinton re- by parachuting into Normandy the the Committee on Ways and Means. He marked during the 50th anniversary night before D-day and then made his is an expert on trade. Then in the last ceremony commemorating brave men way behind enemy lines during the Congress when we were attempting to like SAM, and I quote, ‘‘What we must Normandy invasion. pass welfare reform, SAM sat through remember is that when they were After the war he returned to Florida every markup with our subcommittee, young, these men saved the world.’’ and commenced his law practice. He even though he was not on that com- Throughout his 34 years of service to then began a political career that mittee, and when the bill came to full the American people in this House, spanned several decades. committee it was the expertise not SAM GIBBONS has worked long and hard Although we have not always agreed only from his experience as he had been to provide opportunity and progress for politically, I believe SAM has served his with Medicare from the time he voted the American people. SAM was instru- constituents well and has worked tire- for it as an original bill but from all mental in the enactment of President lessly as a champion on their behalf. the service on the Committee on Ways Lyndon Johnson’s Job Corps, Head SAM has long been considered a leader and Means he was able to help us pull Start, and other antipoverty initia- and supporter of free trade which he at- together that coalition that was able tives. tributes to his experience during the to present to the American public a As the former chairman and current war. SAM has often been heard to say: health care bill that was fair, did not ranking Democrat of the Committee on ‘‘I believe fundamentally, people who increase the deficit, and opened up Ways and Means, SAM has long been a trade together and work together do health coverage to every American. leader on pension reform, international not fight.’’ I hope, SAM that he can provide that trade, health care, welfare, and tax As a fellow Floridian, I can assure for you in your retirement and you can policies. you, SAM, that you will be missed. come back and share with us when Again, to the gentlewoman from Your spirit and energetic nature have under the leadership that you set, and Florida [Ms. BROWN], I thank you for set you apart and truly demonstrate the goal you set for us with the Presi- allowing me to participate in this trib- your commitment and willingness to dent, we will accomplish that. ute to this true American hero. The fight for your convictions. God bless you, SAM. We will miss people’s House, which is what this body Leaving can sometimes be difficult, you. is, will not be the same without SAM but you leave knowing that you gave it f GIBBONS. We will miss his intelligence, all you’ve got and then some. Perhaps, his dignity, his indomitable will, his now you will be able to find time for SAM GIBBONS: AN IDEAL CITIZEN commitment to the people of this another great passion in life—arrang- The SPEAKER pro tempore. Under country, his love for a good fight, and ing a tee time will now be a little easi- the Speaker’s announced policy of May his desire to make this place a better er. I wish you well in the future and I 12, 1995, the gentleman from Texas [Mr. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4129

GONZALEZ] is recognized during morn- to have served with him, and happy to leader in the Congress of the United ing businesses for 2 minutes. join in this well-deserved tribute. States; a leader on the issues; and, a Mr. GONZALEZ. Mr. Speaker, this is Thank you, SAM, for being an ideal gentleman at all times. a tremendously mixed emotional feel- American, a great friend, and an out- Mr. PAYNE of Virginia. Mr. Speaker, ing for me. standing colleague. I want to thank my colleague from SAM GIBBONS is an ideal American: f Florida, Ms. BROWN, for requesting this He is absolutely honest; he is coura- special order to honor our good friend SAM GIBBONS WILL BE MISSED geous in every sense of the word; he and colleague, Chairman SAM GIBBONS. cares about his fellow human beings; DEEPLY Many years ago, Teddy Roosevelt and he is a public servant of the high- The SPEAKER pro tempore. Under compared success in life to success in est integrity, the deepest commitment, the Speaker’s announced policy of May football. The key to success in both, he and the most dogged determination. 12, 1995, the gentleman from Michigan said, is to hit the line hard day after SAM GIBBONS is everything that anyone [Mr. LEVIN] is recognized during morn- day. could ever hope to see in a friend, a ing business for 2 minutes. Those of us who have served with neighbor, a soldier and an elected rep- Mr. LEVIN. Mr. Speaker, I first came SAM GIBBONS know that by this or any resentative. SAM is the kind of man really to know SAM GIBBONS and his other measure, he has been an extraor- you are grateful to know and happy to wife, Martha, on what is now a rather dinary success. serve with. If you had the ability to famous bus trip to Eastern Europe. I For his entire adult life, SAM GIB- pick and choose who you would have think I was just a freshman then; not BONS has served this nation with cour- for a friend and colleague. SAM would on the Committee on Ways and Means. age and tenacity. From the day more always be first on the list. SAM was good enough to invite me. than a half-century ago when he took Others have or will speak about No junket was that. We worked 12 part in the D-day invasion, to his pas- SAM’s history as a D-day paratrooper, hours, sometimes 14 hours a day. We sionate defense in this Congress of the and of the details of his long and dis- went to Czechoslovakia, to Romania, millions of Americans who depend on tinguished career. But I want simply to Bulgaria, Hungary, and we went to Medicare, SAM GIBBONS has always put say that SAM is a decent man, the kind most of those places by bus. Mr. Speak- his Nation first. we all look up to, and the kind we al- er, I saw firsthand what SAM GIBBONS I first came to know SAM well ways wish we could be. was really like. Hard working, down to through my service on the House Ways One thing about SAM GIBBONS: He earth, good natured, generous. He made and Means Committee. I remember the fights for what he believes in and for sure that each of us had a crack at in- very difficult circumstances under what he knows is right. He is not afraid troducing the delegation to the distin- which he assumed the chair. SAM took to challenge the kind of arbitrary and guished, and not so distinguished in over the committee without a hitch. frankly brutal behavior of the current some cases, leaders of those countries. His approach was inclusive and majority in this House; nor does he Then, Mr. Speaker, I joined the Com- thoughtful and was marked by a great shade the truth when it comes to the mittee on Ways and Means and since sense of bipartisanship. tough issues we face. He’s old-fashioned then I have had a chance to work first- Chairman GIBBONS will always be re- in that regard: A gentleman whenever hand with SAM GIBBONS, to work on membered for his passionate defense of he can be, and a fighter if he has to be. trade. He and I have not always agreed, the nation’s senior citizens and poor, SAM is one we can always count on to but one thing all of us agree on and for his tireless work on behalf of free be fair, and to be square with us. His that is the caliber of leadership and and open trade, and for his advocacy of word is never open to question: When commitment of SAM GIBBONS. a fair, and equitable, and economically he makes a commitment, he means it He has been compared to some other efficient Tax Code. and he stays with it. famous people. Claude Pepper, for ex- SAM GIBBONS is the consummate I’ve not always agreed with the ac- ample, another favorite son of Florida. southern gentleman, and I am proud to tions of the Committee on Ways and But I do not think you can compare call him my friend. Means—who does? But one thing I have SAM with anyone. He is very much his Mr. Speaker, as SAM and Martha always known is that if SAM says that own person. He is very much a real ar- enter this new phase of their lives, I a bill or a provision is good, you can ticle. know the whole House of Representa- trust his judgment. And if SAM says SAM, you care so much, you have tives joins me in wishing him well. that he can’t help you or can’t agree such a sense of commitment. So, I am f with you, he’ll give you a reason that not sure why you are leaving. I think you can both understand and respect. maybe it is because his main passion is A TRIBUTE TO SAM GIBBONS, A That’s the kind of friend and colleague not for power; it is for public service. I FRIEND OF THE VIRGIN ISLANDS this House depends on. And that’s the think there is some hint that SAM is The SPEAKER pro tempore. Under kind of person every American should going to remain very much a public fig- the Speaker’s announced policy of May want to represent them in the House. ure. 12, 1995, the gentleman from the Virgin Not many people have had a life as I close with this, SAM. I think with Islands [Mr. FRAZER] is recognized dur- filled with adventure and challenge as your streak of modesty you do not ing morning business for 1 minute. SAM has. And very few who have had really know how much you are going to Mr. FRAZER. Mr. Speaker, I would such distinguished lives and careers are be missed. The answer is, very deeply. like to add my voice to my colleagues as modest and self-effacing as SAM is. f who have recognized, as many of us It’s a measure of his greatness, that he feel, the untimely departure of Mr. maintains—and always has main- SAM GIBBONS: A LIFE OF GIBBONS, but I am sure he is moving on tained—a sense of balance and propor- EXTRAORDINARY SUCCESS to bigger and better things. tion. SAM knows what really counts, The SPEAKER pro tempore. Under As a representative of the Virgin Is- and he doesn’t forget it. the Speaker’s announced policy of May lands, where we have no vote in this The House of Representatives has 12, 1995, the gentleman from Virginia body, I would like to recognize the as- been enriched and enlivened by SAM [Mr. PAYNE] is recognized during morn- sistance that Mr. GIBBONS has given GIBBONS. He has brought us life and ing business for 2 minutes. the Virgin Islands. As those issues that light. He’s been a friend to many, many Mr. PAYNE of Virginia. Mr. Speaker, affect the Virgin Islands have come be- people, and a model for all of us. I’ve I yield to the gentlewoman from Cali- fore his committee, I have always been known thousands of Members in my ca- fornia [Ms. PELOSI]. able to go to him and ask him to make reer here, and none has been more re- Ms. PELOSI. Mr. Speaker, I thank sure that he looks out for American spected than SAM GIBBONS. He is a the gentleman from Virginia [Mr. citizens who happen to reside in the great representative for his district PAYNE] for yielding, and since he only Virgin Islands, but in fact have no real and for the whole country. When he has 2 minutes I will not take much of voice in this institution. leaves, the House will be diminished. this time except to join my colleagues So, Mr. GIBBONS, I thank you for the I’m glad to have known him, privileged in commending SAM GIBBONS, a great assistance that you have offered the H4130 CONGRESSIONAL RECORD — HOUSE April 30, 1996 people of the Virgin Islands, the friend- mitted their remarks for the RECORD, Frankly, our misunderstood tax sys- ship you have shown me over the years, for which I am most grateful. I am very tem extracts less on a per capita basis and I wish you well in your new adven- grateful, too, for those who were able from our people than the tax systems ture. I am sure that many of us are to show up today and pay me this of 25 other industrialized nations who going to wish that there were times honor. I am very proud that my wife, inhabit this globe. But our very clumsy when you were here that we can come Martha, is here in the gallery to my system of collecting taxes makes it a to you for counsel, but perhaps you left hearing all of this. I an over- heavy burden for all of us to carry. will leave a phone number where you whelmed by it. I do not deserve it all, That needs to be changed, because we can be reached. but I darn sure appreciate every bit of cannot remain competitive, we cannot Again, thank you for the help and as- it. maintain our standard of living, unless sistance and recognition of the people This is not my last speech, and for we change our tax system, unless we in the islands and their position of al- that many of you can take a deep keep our markets open, unless we edu- most helplessness. You have taken it breath, because I am sure there are cate our people, because from the on on our behalf. God bless you for that going to be many more battles in brains and the bodies of our people assistance, and God speed in your new which we will agree and disagree, and I comes the strength of our country and adventure. intend to participate in them. the standard of living which we all love f I retire now because I think it is time to have and which is going to be more to do so. I have enjoyed every minute and more difficult to maintain. LOSING THE NO. 1 MEMBER OF of the service I have been privileged to So I get ready to leave here at the THE COMMITTEE ON WAYS AND have for my constituents and for the end of this term in a happy frame of MEANS American people. mind and, fortunately, in good health, (Mr. RANGEL asked and was given I am proud of the Congress. Often- and very, very grateful for the friend- permission to address the House for 1 times the Congress is misunderstood. ships, for the experience, and for what minute and to revise and extend his re- We do not deal with the easy issues, I was allowed to do while here. marks.) and Americans really do not like con- Martha and I love this place. We love Mr. RANGEL. Mr. Speaker, in the flict and they do not like us to express the people. We love the staff and all RECORD, I guess my remarks will ap- differences of opinion. They are very those who work around here. Particu- pear last for my dear friend, SAM, who uncomfortable when they do that. larly we are grateful to those people decided to leave the Congress and to Therefore, the Congress is often mis- who elected us year after year after leave the Committee on Ways and judged. year and allowed us to serve here. Means. Politically and legislatively This is a group of very dedicated peo- Thank you, and God bless America. that puts me as the No. 1 Democrat. ple and vary skillful people, and people f But, quite frankly, we are losing the who have deep convictions about what No. 1 Committee on Ways and Means they are doing. It takes a lot of pa- ANNOUNCEMENT BY THE SPEAKER member, a person that served with Wil- tience to understand them and to toler- PRO TEMPORE bur Mills, a person that has been on ate the differences in views, but we The SPEAKER pro tempore. The the committee since 1969 even though must do that. That is democracy in ac- Chair would remind all persons in the he came to the Congress in 1962, one tion. That is what America is all gallery that they are here as guests of that no one challenges has done more about. the House, and any manifestation of to promote U.S. trade with NAFTA and I have become acquainted with most approval or disapproval of the proceed- with GATT as well as being the lead of the other parliamentary bodies on ings is in violation of the rules of the person with President Johnson on so- Earth, and none has the responsibility House. or the power that is possessed by the cial issues. f Congress, and particularly by the We are going to miss SAM because he is the only one on the committee that House of Representatives of the Con- RECESS had a sense of institutional memory. gress. That is a form of government The SPEAKER pro tempore. Pursu- And I know one thing, I feel a lot more that most other nations have looked at ant to clause 12 of rule I, the House and have decided not to adopt, for one strong knowing that SAM will be there stands in recess until 2 p.m. with me in the next year whereby reason or another, but I think it has Accordingly (at 1 o’clock and 24 min- every possible poll and every moral served our country well for all these utes p.m.), the House stood in recess reason, the Democrats will be in charge years. It will always be a tremendous until 2 p.m. privilege to me to look back and say I of this particular House. f So Mr. Speaker, we will make certain was able to participate in all that de- that the gentleman’s leadership carries liberation and all that work. b 1400 Martha and I will go to a new career. on in the House and try to reverse AFTER RECESS some of the setbacks that we have had I am not exactly sure what it is going The recess having expired, the House in terms of legislation that gentleman to be. I hope to teach a little. I hope to was called to order by the Speaker pro has been promoting, and I regret that I practice law with my sons a little. I tempore [Mr. CLINGER] at 2 p.m. am last, but I am glad that I got here hope to come back up here and work in time. with some of my colleagues and all of f my colleagues on two particular issues f that I am interested in. One is keeping PRAYER b 1315 the markets of the world open, because The Reverend Luis Leon, rector, St. I believe that nations that trade with John’s Church, Lafayette Square, PARTING REMARKS BY THE each other do not end up fighting each Washington, DC, offered the following HONORABLE SAM GIBBONS other, and I think it is good for Amer- prayer: The SPEAKER pro tempore (Mr. ica and good for the world that we keep Gracious God, Who has given us this WELLER). Under the Speaker’s an- the markets of the world open. I am good land for our heritage, we humbly nounced policy of May 12, 1995, the gen- proud of the small contributions I have pray that we may always prove our- tleman from Florida [Mr. GIBBONS] is made in that. selves a people mindful of the grace recognized during morning business for The other is to do something about You have granted us. Bless our land 5 minutes. our revenue system. America cannot with honorable industry and sound Mr. GIBBONS. Mr. Speaker, I appre- afford the terrible revenue system that learning and faithful leadership. Save ciate this every much. First I want to we now have. It is not that the tax bur- us from violence and discord, confusion thank my colleague, Ms. BROWN, for ar- den is so high on Americans; it is the and chaos, pride and arrogance. Defend ranging this and her staff for doing all clumsy way in which we collect the our liberties and fashion into one na- of this. I realize that many Members taxes that really irritates the Ameri- tion the good people brought here out could not be here today and have sub- cans. of many lands and languages. Endue April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4131 with a spirit of wisdom those to whom Since its inauguration in 1815 St. for 1 minute and to revise and extend in Your name we entrust the authority John’s has been a fixture in our Na- his remarks.) of government, especially the Presi- tion’s Capital. Organized to serve as a Mr. FUNDERBURK. Mr. Speaker, it’s dent and the Congress of the United parish church for occupants of the time for a reality check on the accom- States, that there may be justice and White House and their families, it is plishments of the 104th Congress. At mercy in this land. Strengthen our re- now known as the ‘‘Church of the the moment Clinton is riding high in solve to see fulfilled all hopes for a Presidents’’ because every President the polls—a result pleasing to the lib- lasting peace among all nations. In a since James Madison has attended eral media in America. time of prosperity, fill our hearts with services there at least once. President But the facts are these: this Congress thankfulness, and in a day of trouble, Clinton continues the tradition by majority voted for real welfare reform, remind us that we still belong to You. quite often attending St. John’s 8 but Bill Clinton vetoed it; this Con- All this we ask in Your name. Amen. o’clock services on Sunday mornings. gress voted for a balanced budget but f Again, we welcome Rev. Luis Leon as Clinton vetoed it; this Congress voted our Chaplain for the day. to cut wasteful spending including for- THE JOURNAL f eign aid but Clinton vetoed it; this The SPEAKER pro tempore. The Congress voted to defend second Chair has examined the Journal of the MAKING CORRECTIONS TO PUBLIC amendment rights but Clinton chose last day’s proceedings and announces LAW 104–134 another path. Let’s give credit where to the House his approval thereof. Mr. LIVINGSTON. Mr. Speaker, I ask credit is due. Pursuant to clause 1, rule I, the Jour- unanimous consent to take from the If the American people want true re- nal stands approved. Speaker’s table the Senate joint reso- form in our country for those who work f lution (S.J. Res. 53) making corrections and pay taxes, those who farm and run to Public Law 104–134, and ask for its small businesses, those who want to PLEDGE OF ALLEGIANCE immediate consideration in the House. put America’s interests ahead of the The SPEAKER pro tempore. Will the The Clerk read the title of the Senate U.N. and world government; those who gentleman from Mississippi [Mr. MONT- joint resolution. support traditional family values; then GOMERY] come forward and lead the The SPEAKER pro tempore. Is there this majority in Congress must be in- House in the Pledge of Allegiance. objection to the request of the gen- creased and a new President must be Mr. MONTGOMERY led the Pledge of tleman from Louisiana? elected. It’s time to think of vetoing Allegiance as follows: There was no objection. Clinton—he’s the obstacle to real re- I pledge allegiance to the Flag of the The Clerk read the Senate joint reso- form in America. That’s the reality. United States of America, and to the Repub- lution, as follows: f lic for which it stands, one nation under God, S.J. RES. 53 indivisible, with liberty and justice for all. ANNOUNCEMENT BY THE SPEAKER Resolved by the Senate and House of Rep- PRO TEMPORE f resentatives of the United States of America in The SPEAKER pro tempore. The MESSAGE FROM THE SENATE Congress assembled, That: (a) In Public Law 104–134, insert after the Chair must remind all persons in the A message from the Senate by Mr. enacting clause: gallery that they are here as guests of Lundregan, one of its clerks, an- ‘‘TITLE I—OMNIBUS APPROPRIATIONS’’. the House and that any manifestation nounced that the Senate had passed a (b) The two penultimate undesignated of approval or disapproval of proceed- joint resolution of the following title, paragraphs under the subheading ‘‘ADMINIS- ings is in violation of the rules of the in which the concurrence of the House TRATIVE PROVISIONS, FOREST SERVICE’’ under House. is requested: the heading ‘‘TITLE II—RELATED AGEN- f S.J. Res. 53. Joint resolution making cor- CIES, DEPARTMENT OF AGRICULTURE’’ rections to Public Law 104–134. of the Department of the Interior and Relat- RAISING THE MINIMUM WAGE IS ed Agencies Appropriations Act, 1996, as con- f THE ECONOMIC AND MORAL tained in section 101(c) of Public Law 104–134, ISSUE OF THE DAY are repealed. WELCOMING THE REVEREND LUIS (Ms. PELOSI asked and was given LEON AS GUEST CHAPLAIN (c) Section 520 under the heading ‘‘TITLE V—GENERAL PROVISIONS’’ of the Depart- permission to address the House for 1 (Mr. MONTGOMERY asked and was ments of Veterans Affairs and Housing and minute and to revise and extend her re- given permission to address the House Urban Development, and Independent Agen- marks and include extraneous mate- for 1 minute and to revise and extend cies Appropriations Act, 1996, as contained in rial.) his remarks.) section 101(e) of Public Law 104–134, is re- Ms. PELOSI. Mr. Speaker, I rise Mr. MONTGOMERY. Mr. Speaker, it pealed. today to call upon the leadership of the is my pleasure to welcome the Rev- (d) Strike out section 337 under the head- ing ‘‘TITLE III—GENERAL PROVISIONS’’ House to bring up legislation increas- erend Luis Leon to the U.S. House of of the Department of the Interior and Relat- ing the minimum wage, and in doing so Representatives to be our Chaplain for ed Agencies Appropriations Act, 1996, as con- I ask the question, how long does it the day and thank him for the prayer tained in section 101(c) of Public Law 104–134, take to earn $8,440? just given. and insert in lieu thereof: I call the attention of our colleagues Reverend Leon was born in Guanta- ‘‘SEC. 337. The Secretary of the Interior to this cartoon, which states that it namo, Cuba, and was baptized in Guan- shall promptly convey to the Daughters of takes a full-time minimum-wage earn- tanamo Episcopal Church. He moved to the American Colonists, without reimburse- er 1 year, while it takes the average the United States at the age of 12 and ment, all right, title and interest in the CEO of a large U.S. corporation one- plaque that in 1933 was placed on the Great lived with his mother and sister in Southern Hotel in Saint Louis, Missouri by half a day. This cartoon is not funny Miami. He later attended the Univer- the Daughters of the American Colonists to and it is not fair. sity of the South in Sewanee, TN. In mark the site of Fort San Carlos.’’. Yes, we salute the success of the en- 1977, Reverend Leon received his mas- (e) Section 21104 of Public Law 104–134 is trepreneur and the businessperson. ter’s in divinity degree from the Vir- repealed. Yes, we recognize that business must ginia Theological Seminary. The Senate joint resolution was or- make a profit. But in a country as Reverend Leon has spent many years dered to be read a third time, was read great and as decent as ours, this cannot in religious service at churches in the third time, and passed, and a mo- all be at the expense of exploiting our North Carolina, New Jersey, and Dela- tion to reconsider was laid on the work force. ware. He moved to Washington, DC, table. For a minimum-wage earner a pay with his wife, Lu, and his two daugh- f raise to $5.15 per hour would mean to ters are living here, too. He is now the have enough money for food, text- 14th Rector of St. John’s Episcopal REALITY CHECK ON CONGRESS books, simple things. We must raise Church at Lafayette Square here in (Mr. FUNDERBURK asked and was the minimum wage to a decent living Washington, DC. given permission to address the House wage, to a wage that makes work pay. H4132 CONGRESSIONAL RECORD — HOUSE April 30, 1996 It is the political, economic and making since I got here, and that is ter which the AFL–CIO is circulating moral—yes, I repeat, moral issue of our that working families in this country to Members of Congress opposing the day. are taxed far, far too much. Working Small Business OSHA Relief Act, H.R. f families are being ripped off by the 3234. Federal Government and by the special Not surprisingly, the letter never REPEALING GAS TAX WILL HELP interests that demand more and more mentions the fact that every single AMERICANS AT LOWEST RUNG money and higher and higher taxes. item in the Small Business OSHA Re- ON ECONOMIC LADDER So I am glad to hear the rumors that lief Act has been taken directly from (Mr. HAYWORTH asked and was the President may at least be willing policy pronouncements of the Clinton given permission to address the House to roll back the ill-conceived gas tax administration. The AFL–CIO has for 1 minute and to revise and extend that he imposed a couple of years back. shown how extreme its own agenda is his remarks.) That gas tax was part of the biggest when it opposes this very modest legis- Mr. HAYWORTH. Mr. Speaker, I lis- tax increase in history, a tax increase lation, which is limited in scope and tened with great interest to my good that even the President later admitted represents areas of agreement between friend and colleague from California was a mistake. the Clinton administration’s initia- and her editorial cartoon that she The President and the old Congress tives and our desire to make OSHA less brought out, but I thought she and thought that higher taxes would fuel adversarial and more commonsensical. other Members on the liberal side of the economy, but a lot of working fam- The Clinton administration has re- the aisle would be interested in this ilies are just about running on empty. peatedly said that OSHA needs to be statement from President Clinton Taxes are too high. Let us quit siphon- reinvented. But will the Clinton admin- when he was freed from the strictures ing an extra 50, or 60 or 70 cents out of istration have the backbone to stand of campaign fever. the pockets of American citizens each by its own words and initiatives when ‘‘It’’, raising the minimum wage, ‘‘is time they fill up their gas tanks. Let the AFL–CIO comes calling? the wrong way to raise the incomes of us agree right now, in a bipartisan way, f low-wage earners.’’ So said the Presi- to repeal this ridiculous regressive gas CONGRESS SHOULD BRING dent in Time magazine February 6 of tax and ensure Americans get more MINIMUM WAGE TO VOTE last year. mileage out of their own paychecks. It Mr. Speaker, the challenge for us is is time to cut taxes and get the lead (Mr. PALLONE asked and was given not to prescribe some artificial wage out. permission to address the House for 1 mandated by Government. The chal- f minute and to revise and extend his re- lenge for us is to allow hard-working CONGRESS SUPPORTS HEAD marks.) Mr. PALLONE. Mr. Speaker, I would Americans to hang on to more of the START WITH $36 MILLION OVER urge Speaker GINGRICH and the Repub- money they earn and send less of it to FISCAL YEAR 1995 the Federal Government, beginning lican leadership to let us vote on an in- (Mr. BROWN of California asked and with this regressive, horrible Clinton crease in the minimum wage. In my was given permission to address the tax on gasoline. Let us repeal that State of New Jersey the minimum House for 1 minute and to revise and today in true bipartisan fashion and wage was increased to $5.05 an hour, extend his remarks.) two Princeton University economists, that will help American workers at the Mr. BROWN of California. Mr. Speak- lowest rung of the economic ladder and David Card and Alan Kruger, surveyed er, a few days ago, I had the great patterns in fast food restaurants in on up. pleasure of being a guest of some of my f New Jersey and Pennsylvania after the youngest constituents at the Dorothy minimum wage went into effect. The MANHATTAN JUDGE OKAYS TAX Grant and William Bell Head Start result suggested a moderate hike, BREAKS FOR PEDOPHILES Preschool Centers in Fontana, CA. I sa- much like the one President Clinton is lute the dedicated staff and outstand- (Mr. TRAFICANT asked and was proposing, has actually increased total ing students of these two centers. given permission to address the House employment. Since its enactment in 1965, Head The reason is that minimum wage for 1 minute and to revise and extend Start has provided comprehensive child his remarks.) earners do not have the ability to save. development services to more than 12 They spend their money on basic neces- Mr. TRAFICANT. Mr. Speaker, a million low-income preschool children Manhattan judge has okayed tax sities, and raising the minimum wage and their families. put more money into our local econ- breaks for pedophiles. The judge upheld I was proud to vote for this legisla- omy. The money was spent to purchase the tax exempt status for Zymurgy, tion in 1965, and I am proud of the ac- more goods, adding eventually to an in- Inc., an organization that advocates complishments it is still making. crease in profits for our local busi- sex between men and boys. The judge While the thrust of Head Start is the nesses. The fast food industry that ruled freedom of speech extends even same as it was 30 years ago, the pro- Card and Kruger studied found most of to those who advocate man-boy sex. gram has evolved greatly and now en- the people earning the minimum wage Mr. Speaker, where did this judge get compasses more community and paren- were the same people who used that in- his law degree, the back cover of Ba- tal support. zooka bubble gum trading cards or Head Start has a proven role in re- crease to in fact buy more fast food. So the bottom line is a higher mini- what? Will America, now Congress, ducing drop outs, providing accesses to mum wage increased economic activi- subsidize pedophilia? health care, and assisting in preventing ties in New Jersey. It is supported by The truth of the matter is some of delinquency. these judges have become so book I applaud supportive Members of Con- the President and supported by most smart, they are actually street dumb. I gress for their recent work in the budg- Members in both the House and the think it is time for Congress to take a et negotiations to fund head Start at Senate, and the leadership of the Re- look at some of this judicial branch de- $36 million over and above fiscal year publican Party should bring it up for a cision-making process. Sounds pretty 1995. This action shows our strong com- vote now. constipating to me. mitment to providing a solid footing in f f educating our children. b 1415 IT IS TIME TO REPEAL f A SEAT ON THE COURT FOR $10 REGRESSIVE GAS TAX OSHA SMALL BUSINESS RELIEF MILLION (Mr. CHABOT asked and was given (Mr. BALLENGER asked and was (Mr. JONES asked and was given per- permission to address the House for 1 given permission to address the House mission to address the House for 1 minute and to revise and extend his re- for 1 minute and to revise and extend minute.) marks.) his remarks.) Mr. JONES. Mr. Speaker, $10 million Mr. CHABOT. Mr. Speaker, I once Mr. BALLENGER. Mr. Speaker, last is not a big deal to most liberal Demo- again return to the point I have been week my office received a copy of a let- crats. But to Bill Clinton it’s just April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4133 enough to pay for a seat on the Federal Congress are currently exploring ways skyrocketed while interdiction and appeals court. to repeal this regressive tax. However, prosecution efforts dropped. It is dur- That’s right, Mr. Speaker. Ten mil- it’s not easy because as we found when ing the Clinton administration that lion dollars. repealing the Clinton tax on seniors’ marijuana use among young people has Just think what you could buy with Social Security benefits, liberals hate increased 50 percent and has jumped 137 that much money. A trip around the to give up any taxes. The American percent among 12- to 13-year-olds. Mr. world. A big, fancy yacht. Or, a seat on people will be given a clear choice—the Speaker, who is the President trying to one of the highest courts in the land. tax hikes and status quo spending of kid? As a life-time Federal judge, you the Clinton administration or the bil- The President has dropped the ball could have power over the lives of mil- lions of dollars of real spending cuts on the war on drugs and now he’s play- lions of Americans. You could make and tax relief of this Congress. ing election year politics. decisions that shape society and the Americans should think about that f economy. And you would not even need the next time they fill up knowing PAY EQUITY FOR FEDERAL judicial experience. All you would need President Clinton feels their pain. FIREFIGHTERS is a little fund-raising experience f working for the Democrat Party. (Mr. HOYER asked and was given It’s really a no-brainer if you think GAS PRICES permission to address the House for 1 about it, Mr. Speaker. I mean, what (Mr. KLINK asked and was given per- minute and to revise and extend his re- would you rather do with $10 million. mission to address the House for 1 marks.) Mr. HOYER. Mr. Speaker, tonight is Invest in cattle futures, or sit on the minute and to revise and extend his re- the eighth annual fire and emergency Federal bench for the rest of your life. marks.) services dinner. Two thousand of our Not a bad deal, I’d say. Mr. KLINK. Mr. Speaker, I had not Nation’s fire and emergency services f intended to speak on this, but after I have heard the comments from the leaders gather in Washington to recog- AMERICA LOST IN THE WORLD other side regarding the increase in the nize the service of our Nation’s fire- TRADE ORGANIZATION gas tax back in 1993, I cannot constrain fighters and emergency responders, (Mr. BROWN of Ohio asked and was myself. First of all, I would remind my safety instructors, engineers, arson in- given permission to address the House friends, let us go back and take a look vestigators, and others in the fire com- for 1 minute and to revise and extend at what happened under Presidents munity. However, hundreds of Federal fire- his remarks.) Reagan and Bush in regard to their in- fighters will not be in attendance to- Mr. BROWN of Ohio. Mr. Speaker, crease in the gas tax. Let us not be re- night because they are fighting less than a week ago, we were celebrat- visionist. brushfires in the West. Mr. Speaker, ing Earth Day. Let us take a look at what happened they are experiencing what many are Today our country’s environmental to gas prices in this country when we calling the driest conditions in over a laws are under assault not only by the raised it 4.3 cents per gallon. Gas prices century. GINGRICH extremists in Congress but in 1993, in 1994, in 1995 went down. They Here in the Congress, I have intro- also in the World Trade Organization, did not go up. But here we are in 1996 duced a bill, H.R. 858, the Federal Fire- the WTO. and we are reaching back to 1993 to be fighters Pay Fairness Act, which would The United States lost yesterday in able to blame President Clinton be- correct a significant pay inequity the WTO. The WTO said our Clean Air cause we have nothing else to blame which exists for these and nearly 10,000 Act violates international trade laws— him on because the stock market went Federal firefighters throughout our yes, the same Clean Air Act that we up, employment went up, unemploy- country. celebrated last week. ment went down. Misery went down, so Mr. Speaker, despite the fact that my But our environment wasn’t the only let us blame him on something else. bill has over 135 bipartisan sponsors, loser in the WTO. We are here right now trying to we have been unable to get a hearing in Workers in America’s refineries lost, make sure that these working poor the Committee on Government Reform too. Workers in places like Ohio and have an ability to earn a living wage. and Oversight Subcommittee on Civil Pennsylvania and Louisiana lost be- We have given them, in the same bill Service. In the next several days, I will cause they will have to compete with that increased the gas taxes, an be sending a bipartisan letter to the dirty gas imports from Venezuela and earned-income tax credit to help people gentleman from Florida [Mr. MICA], the Brazil. get off welfare and into work. The GOP chairman, requesting a hearing on this Mr. Speaker, America lost yesterday right now is opposed to giving people a bill with approximately 100 Members of in the World Trade Organization. It 90-cent raise in the minimum wage. I this body. I hope, Mr. Speaker, that we was our first loss; unfortunately it will would say that somewhere between will see a hearing on that bill in the not be our last unless we repeal some Abraham Lincoln and the current Re- near future. of these trade agreements. publican leadership, the GOP has taken f f an about-face on slavery. f HEAD START WORKS IN ARIZONA REPEAL THE CLINTON GAS TAX (Mr. KOLBE asked and was given per- (Mr. GOSS asked and was given per- THE WAR ON DRUGS mission to address the House for 1 mission to address the House for 1 (Mr. HERGER asked and was given minute and to revise and extend his re- minute and to revise and extend his re- permission to address the House for 1 marks.) marks.) minute and to revise and extend his re- Mr. KOLBE. Mr. Speaker, I rise Mr. GOSS. Mr. Speaker, as almost marks.) today in a bipartisan way to speak every American knows gas prices have Mr. HERGER. Mr. Speaker, President about a program that I think is widely climbed 5 cents a gallon the past 2 Clinton has been absent on the war on applauded by most people in this weeks and are at the highest level drugs. Yet yesterday, after more than 3 House, and that is Head Start. It is a since the Persian Gulf war. President years in office, President Clinton fi- program that has certainly worked Clinton has dispatched his Energy Sec- nally announced a plan to reduce ille- well in my district. I think it has retary to find the root of this problem. gal drug use. But Mr. Speaker, it would worked well across the country, and it She should not have to fly very far or appear to be too little too late. Presi- has worked well because it does good look hard—after all, this same admin- dent Clinton has backed down on the things and it has a performance record istration increased gas taxes by almost war on drugs. For example, it was that we can all talk about. It is a pro- 5 cents per gallon in 1993. Offered in the President Clinton that only days after gram that is designed to provide nutri- name of deficit reduction, this tax hike taking office, cut the Office of National tion, health screening and treatment, is now hitting millions of American Drug Control Policy by more than 80 education, and social services to pre- motorists who are grumbling loudly at percent. It is during the Clinton admin- school-aged children and to their par- the pumps. Fiscal conservatives in istration that drug use among children ents, and it has contributed greatly to H4134 CONGRESSIONAL RECORD — HOUSE April 30, 1996 our efforts to help those kids do better Mr. Speaker, on behalf of the 750,000 MEDICARE HOSPITAL TRUST FUND as they get older and to help to win the children currently involved in Head (Mr. RIGGS asked and was given per- war against poverty in this country. Start programs, and the many more mission to address the House for 1 In my community of Tucson, AZ, 70 children who would benefit from them, minute.) percent of the children served by Head I call upon my colleagues in this cham- Mr. RIGGS. Mr. Speaker, the non- Start are bilingual, and through this ber to fully fund Head Start for the partisan Congressional Budget Office program, these children learn English next fiscal year. Though government has released new data showing Medi- better so that they can go to kinder- cannot provide solutions to all of our care’s hospital insurance trust fund is garten with a better knowledge to Nation’s problems, it can, when em- going bankrupt a lot faster than the start out of their schooling on the ployed judiciously and efficiently, help President’s trustees estimated. right footing, an that helps them stay poor children and their families over- But the President and congressional in school. That helps everyone, the come some of the hardships of life. Democrats have not put forth any new kids, their parents, and the commu- Let us make an investment in this or serious ideas in light of this alarm- nity. Nation’s future. Every dollar allocated ing new information. In fact, the Wash- Mr. Speaker, for years Head Start for Head Start will save us many more ington Post said yesterday, has enjoyed strong bipartisan support, dollars and much heartache in the fu- The new numbers appear to lend support to and in these austere budgetary times, ture. Republican charges that the medicare hos- that support has continued. I urge my f pital trust fund is deteriorating faster than colleagues to continue to provide ade- had been realized and that steps must be A HEAD START FOR OUR NATION’S quate funding. taken quickly to arrest the decline. Last CHILDREN f year the medicare trust fund lost $35.7 mil- (Mr. FILNER asked and was given lion and this year in the first 6 months of WAGES IN AMERICA permission to address the House for 1 this year alone, it has lost $4 billion. (Mr. FARR of California asked and minute and to revise and extend his re- Mr. Speaker, Medicare’s problems are was given permission to address the marks.) much more serious than the President House for 1 minute and to revise and Mr. FILNER. Mr. Speaker, I rise to and congressional Democrats are will- extend his remarks.) call our attention to one of our Na- ing to admit. They want to play poli- Mr. FARR of California. Mr. Speaker, tion’s most cost-effective and produc- tics with this issue. It is time to turn everybody in America is worried about tive programs: Head Start. off the medicare radio and TV ads, stop their wages. Here in Congress, the GOP Head Start is a comprehensive pro- the medigoguery and join with us a leadership opposes the President’s ini- gram aimed at preschool age children plan that preserves Medicare from tiative to raise the minimum wage of low-income families. In addition to bankruptcy while increasing spending from $4.25 to $5.15 to begin starting providing education, it also includes and increasing health care choices for next year. nutritional services, health screening every single Medicare beneficiary. The GOP leadership argues that this and treatment, and social services. One f will have unintended consequences, of Head Start’s strengths is its empha- b 1430 therefore, let us not do it. However, sis on involving parents in their chil- what they failed to note is that paying dren’s education. JOIN THE TRIBUTE TO HONOR OUR workers more money for work per- The idea of Head Start is simple. If FIRE AND EMS PERSONNEL formed will increase workers’ purchas- you help children prepare for school, (Mr. WELDON of Pennsylvania asked ing power, and that will purchase more and if you work with their parents, and was given permission to address goods, more jobs will be created. This they will enter kindergarten better the House for 1 minute and to revise helps restore purchasing power, re- able to learn, develop, and compete. and extend his remarks.) duces turnover in the job place, and Head Start invests in child develop- Mr. WELDON of Pennsylvania. Mr. promotes domestic tranquility. ment as the core of an antipoverty Speaker, today we honor America’s do- I think that is what this country is strategy. mestic defenders, the 1.5 million men all about, is about paying people for In a time of declining resources, our and women across the country who work performed. Paying more to the country should protect its most cost- serve every one of our communities in lowest wage earner in the country, the effective programs, especially those responding to every type of disaster lowest, the lowest, not the middle, not that invest in our youngest children, known to mankind. This evening, 2,000 the highest. Are there not the same empower families, and support work. of their leaders are assembled here for workers we are trying to help with Head Start is just such a program. the eighth annual national dinner to struggling to keep their heads above Comprehensive early childhood edu- honor the fire and EMS personnel. water? Why is it the GOP wants to end cation programs have been shown to When I started this effort 8 years welfare but does not want to pay those save at least $3 for every $1 invested— ago, Mr. Speaker, it was to give proper who work for being hard workers? by reducing future costs of special edu- recognition to these unsung heroes, f cation, public assistance, and law en- and tonight we continue that tradition. forcement. We will be joined by the Honorable TRIBUTE TO HEAD START Rosemary Flores is one of many Head Senator BOB DOLE, who will give a key- (Mrs. SEASTRAND asked and was Start success stories. She is a grand- note address, along with the Vice given permission to address the House mother in San Diego who was recently President of the United States, AL for 1 minute and to revise and extend appointed as custodian of her grand- GORE, both of whom have strongly sup- her remarks.) children. She says, ‘‘Head Start is like ported, in a bipartisan way, the efforts Mrs. SEASTAND. Mr. Speaker, I rise a life raft. It teaches the value of edu- of these brave men and women. today to pay tribute to a program cation and the concept of family unity. We will also honor the brave fire- which I believe has had a significant, If I had my way, it would be available fighters of the Long Island fire depart- positive impact on children and their to everyone.’’ ments who provided such valuable serv- families. Head Start empowers the en- Unfortunately, Head Start is not yet ice last year in responding to an unbe- tire family, not just the young child. available to everyone who qualifies. lievably large incident in Long Island. Head Start assists parents in carrying Currently only 40 percent of the eligi- Mr. Speaker, today is the day when out their roles as the primary nurtur- ble 3-to-5-year-olds or 20 percent of the our colleagues can join together and ers of their children. Parents assist in eligible children from birth to 5 years pay appropriate tribute to these brave Head Start classrooms and sit on par- are served by Head Start. men and women by showing up at the ent councils that have a say in how the Mr. Speaker, the President’s budget dinner this evening and by meeting program is run. Research shows posi- request asks for $3.981 billion for Head with them in their offices as the 2,000 tive impacts including improved paren- Start in fiscal year 1997. This is a good leaders of the fire service address Cap- tal awareness, and enhanced parental start on Head Start. We should appro- itol Hill and plead their case for more employment and educational status. priate the full amount requested. support and more recognition. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4135 POLITICS, HYPOCRISY, AND THE THE TIME IS RIGHT TO DO join with many in the tribute to this RISE OF GAS PRICES RIGHT—RAISE THE MINIMUM great legislator. (Mr. BENTSEN asked and was given WAGE Today we do not have an inter- permission to address the House for 1 (Mr. LEWIS of Georgia asked and was nationalist bill on the floor, the For- minute.) given permission to address the House eign Relations Revitalization Act. It forces the consolidation of agencies, Mr. BENTSEN. Mr. Speaker, like all for 1 minute and to revise and extend which is the President’s prerogative. Americans I am concerned about the his remarks.) The levels necessary to conduct foreign recent rise in gas prices and the effect Mr. LEWIS of Georgia. Mr. Speaker, policy are just not there. It get in- that it has on consumers and on our in- the time is always right to do right. volved in China policy when we should dustries in this country. I do not know And raising the minimum wage is the basically be staying away. It put re- exactly what the answer is, I am not right thing to do. strictions on our relations with Viet- sure that anybody does, but I think it This is not just an economic issue, nam. It put restrictions on our partici- does merit study by this Congress and Mr. Speaker, this is a moral issue. pation in international organizations. by the administration. Hard working people deserve the right It has severe restrictions on our family But I am also concerned, Mr. Speak- to earn a livable wage. The minimum planning policies. er, by the hypocrisy that I see Mem- wage is at a 40-year low. No one can Mr. Speaker, this is not a bipartisan bers of this House, of the other body, of live, much less support a family, on bill, it is a partisan bill. It should be the de facto Presidential nominee of $8,400 a year. defeated. The President’s veto should the other party, the Republican Party, Mr. Speaker, stop playing politics be upheld, and we should not stand for that after 16 months of being in control with people’s lives. Bring a clean mini- partisanship at a time when our for- they have decided now they want to re- mum wage bill to the floor. Do not load eign policy should be bipartisan. peal the gas tax. it up and bring it down with your pet Where were they last January? programs. f Where were they with their tax bill? Mr. Speaker, you have the ability, ANNOUNCEMENT BY THE SPEAKER Now they have had this midnight con- you have the capacity, you have the PRO TEMPORE power to bring a clean minimum-wage version, much like the Earth Day con- The SPEAKER pro tempore (Mr. version on the environment, and all of bill to this floor and give people a liv- able wage. CLINGER). Pursuant to provisions of a sudden they want to repeal the gas clause 5, rule I, the Chair announces f tax. that he will postpone further proceed- I have been talking about this for BLAMING THE GAS TAX ON THE ings today on each motion to suspend awhile. Why did we not take it up be- REPUBLICANS? the rules on which a recorded vote or fore? It is politics, it is politics plain the yeas and nays are ordered, or on (Mr. MCINNIS asked and was given and simple, and unfortunately as the which the vote is objected to under House continues to engage in this ac- permission to address the House for 1 minute.) clause 4 of rule XV. tivity, the American people suffer. Such rollcall votes, if postponed, will Mr. MCINNIS. Mr. Speaker, I was just be taken after debate has concluded on f in the House Chambers, and I cannot believe what I just heard in the last all motions to suspend the rules, but few minutes. not before 5 p.m. today. LET US HOLD HEARINGS ON THE I was here 2 years ago, and I voted f OIL COMPANY SCAM ON THE ‘‘no’’ on the largest tax increase in the AMERICAN PEOPLE AMENDING CENTRAL UTAH history of this country. It was the Clin- PROJECT COMPLETION ACT (Mr. MARKEY asked and was given ton tax increase supported by the permission to address the House for 1 Democrats in the House of Representa- Mr. HANSEN. Mr. Speaker, I move to minute.) tives, not one Republican voted for it, suspend the rules and pass the bill Mr. MARKEY. Mr. Speaker, gas and supported by the Democrats in the (H.R. 1823) to amend the Central Utah prices are shooting up at the pump. U.S. Senate. What did that large tax Project Completion Act to direct the Meanwhile, the big oil companies have increase do? It put on the American Secretary of the Interior to allow for just announced record profits. Gasoline people and the working people, from prepayment of repayment contracts be- inventories dwindle. Meanwhile, three what previous speakers have just spo- tween the United States and the major refineries announced routine ken, the largest tax increase in the his- Central Utah Water Conservancy Dis- shutdowns on the very same day, last tory of this country, and I certainly trict dated December 28, 1965, and No- Friday. Pump prices soared 30 cents on did not see any of these brave speeches, vember 26, 1985, and for other purposes, oil company speculation. Meanwhile, just now given recently in the last few as amended. their Republican defenders in Congress minutes, but some of these Democrats The Clerk read as follows: blame a 4-cent tax. The President initi- about this onerous gas tax. It is those H.R. 1823 ates an investigation and releases re- people right there who put that gas tax Be it enacted by the Senate and House of Rep- serves. Meanwhile, the Republican Con- on each and every one of us. resentatives of the United States of America in gress sits on its hands. Where are the People did not have to be rich to get Congress assembled, SECTION 1. PREPAYMENT OF CERTAIN REPAY- hearings? People want answers. Why the gas tax put on them. They put a 41⁄2 MENT CONTRACTS BETWEEN THE are the oil companies doing this? But cent tax on every American that buys UNITED STATES AND THE CENTRAL all we get is a Republican silence of the a gallon of gas, and today they are try- UTAH WATER CONSERVANCY DIS- lambs. ing to get away from it as fast as they TRICT. Mr. Speaker, consumers are in need, can run and somehow do a flip-flop and Section 210 of the Central Utah Project and all we get is a Republican fig leaf blame it on the Republicans. Completion Act (106 Stat. 4624) is amended Forget about the partisan politics. by striking the second sentence and insert- for the naked greed of the oil compa- ing the following: ‘‘The Secretary shall allow nies. Let us talk about the tax. for prepayment of the repayment contract Let us face it. The gas tax is a dry f between the United States and the Central hole. If we want to strike oil, let us Utah Water Conservancy District dated De- pass a windfall profits tax on the FOREIGN RELATIONS REVITALIZA- cember 28, 1965, and supplemented on Novem- money that the oil companies are tak- TION ACT SHOULD BE DEFEATED ber 26, 1985, providing for repayment of mu- ing out of the pockets of consumers. (Mr. RICHARDSON asked and was nicipal and industrial water delivery facili- They are tipping consumers upside- given permission to address the House ties for which repayment is provided pursu- ant to such contract, under terms and condi- down and shaking money out of the for 1 minute and to revise and extend tions similar to those contained in the sup- pockets of these consumers. Let us his remarks.) plemental contract that provided for the pre- have Republican hearings on this oil Mr. RICHARDSON. Mr. Speaker, SAM payment of the Jordan Aqueduct dated Octo- company scam on the American people. GIBBONS is an internationalist, and I ber 28, 1993. The prepayment may be provided H4136 CONGRESSIONAL RECORD — HOUSE April 30, 1996 in several installments to reflect substantial (Mr. RICHARDSON asked and was most cost-effective project possible. I completion of the delivery facilities being given permission to revise and extend only wish we had more examples of this prepaid and may not be adjusted on the basis his remarks.) kind of cooperation between the Fed- of the type of prepayment financing utilized Mr. RICHARDSON. Mr. Speaker, I eral Government, the States, and local- by the District. The District shall exercise its right to prepayment pursuant to this sec- rise in support of H.R. 1823, a bill to ities. This bill will allow the Central tion by the end of fiscal year 2002. Nothing in amend the Central Utah Project Com- Utah Water Conservancy District, the this section authorizes or terminates the au- pletion Act. builder and operator of the Central thority to use tax exempt bond financing for This legislation will allow the Utah Project, to prepay some of its this prepayment.’’. Central Utah Water Conservancy Dis- debts to the Federal Government. The The SPEAKER pro tempore. Pursu- trict to prepay its obligations for mu- President and the Office of Manage- ant to the rule, the gentleman from nicipal and industrial repayment con- ment and Budget strongly support this Utah [Mr. HANSEN] and the gentleman tracts. legislation since it will guarantee an from New Mexico [Mr. RICHARDSON] This entity has repeatedly dem- additional infusion of almost $200 mil- will each be recognized for 20 minutes. onstrated its willingness and its ability lion to the Federal Government over The Chair recognizes the gentleman to control the continued construction the next 5 years. from Utah [Mr. HANSEN]. of the Central Utah Project, one of the My colleagues may not be aware of Mr. HANSEN. Mr. Speaker, I yield largest Bureau of Reclamation the tremendous amount of time that it myself such time as I may consume. projects. I believe that it is appropriate has taken the Central Utah Project to (Mr. HANSEN asked and was given that the District be afforded an oppor- be built. We have now been in the proc- permission to revise and extend his re- tunity to prepay its contractual obliga- ess for over 40 years. Through years of marks.) tions under terms that are fair both to hard work by my predecessors in the Mr. HANSEN. Mr. Speaker, I would the District and to the United States. Utah delegation as well as the current like to thank Chairman DON YOUNG It is my understanding that the bill delegation we have been able to accom- and Congressman DOOLITTLE for their language in H.R. 1823 neither explicitly plish the once unthinkable, the con- assistance in moving this bill forward. allows nor precludes the use of tax ex- struction and now early repayment of Although it is non-controversial, it is empt bond financing for this prepay- the Central Utah Project. And this bill of great importance to the State of ment. represents a hallmark moment in the Utah. I further note that the terms of pre- history of this mammoth project— H.R. 1823 extends the preexisting au- payment authorized by H.R. 1823 are maybe for the first time, we are accom- thority of the Secretary of the Interior specific only to the Central Utah plishing something ahead of schedule to accept prepayment from the Central Project and to the Central Utah Water that will benefit everyone involved. Utah Project for municipal and indus- Conservancy District. Many other While I had included this same legis- trial repayment contracts. In 1992, Con- water districts have proposed prepay- lation in the coalition’s 7-year Com- gress enacted the Reclamation Projects ment plans or project transfer propos- mon Sense Balanced Budget Act, it is Authorization and Adjustment Act of als, and each of those must be consid- obvious that this specific legislation is 1992, which included the Central Utah ered by the Secretary of the Interior needed since Congress and the Presi- Project Completion Act Section 210 of and the Congress on a case-by-case dent have failed to agree on a 7-year the Central Utah Project Completion basis. balanced budget. Act authorized the Secretary to nego- I believe this bill authored by the The largest facility to be prepaid in tiate the prepayment of the Jordan Aq- gentleman represents a fair deal for the this bill is the Jordanelle Dam which ueduct component of the Central Utah taxpayers and for Utah water users, has already been completed. It is ex- Project. but it does not necessarily represent a pected that the Jordanelle Reservoir, Negotiations between the Secretary policy standard or a precedent for pursuant to an already agreed upon of the Interior and the local waterusers other water agencies who may wish to plan with the Bureau of Reclamation, concluded in a prepayment agreement proceed with an early ‘‘buy out’’ or will be filled with sufficient water to dated October 28, 1993. Under the terms transfer of their Bureau of Reclama- start repayment by the Central Utah of the prepayment agreement, the fu- tion projects. Water Conservancy District. And once ture repayment debt to the Federal Mr. Speaker, I urge my colleagues to the district’s repayment obligation is Government was paid back based on support passage of H.R. 1823. triggered, the district will exercise its the 30 year U.S. Treasury borrowing Mr. Speaker, I want to commend the option to prepay its repayment debt. rate. gentleman from Utah [Mr. HANSEN], Since most of the Central Utah H.R. 1823 extends this authority to the gentleman from Alaska [Mr. Project is located in my district, let repayment contracts and entered into YOUNG], and the gentleman from Utah me assure my colleagues how impor- on December 28, 1965 and November 26, [Mr. ORTON] for their outstanding lead- tant this legislation is to the people of 1985. By allowing prepayment on the ership on this bill. Utah. Again, this is a great example of District’s debt, it is expected that pre- b 1445 creative financing that will benefit ev- payment of the District’s remaining eryone involved. debt could yield the Federal treasury Mr. RICHARDSON. Mr. Speaker, I I again commend my colleague, the between $145 to $200 million. The re- yield 4 minutes to the gentleman from chairman of the subcommittee, in his ceipt of these funds could be used to Utah [Mr. ORTON] who worked very efforts in this bill. I urge adoption, and achieve current budget targets. much on this bill. urge all of my colleagues to vote ‘‘yes’’ The financial benefit to the water (Mr. ORTON asked and was given on H.R. 1823. users is also significant. Prepayment permission to revise and extend his re- Mr. RICHARDSON. Mr. Speaker, I will shorten the repayment term, marks.) yield myself such time as I may thereby providing for financial flexibil- Mr. ORTON. Mr. Speaker, I thank consume. ity for the District and local taxpayers. the gentleman for yielding time to me. Mr. Speaker, in conclusion, let me I commend all those involved in Mr. Speaker, I rise today in strong commend the gentleman from Utah bringing this legislation before us support of H.R. 1823, the Central Utah [Mr. HANSEN] for his authorship of this today. In this time of budget austerity, Water Project Payments Act. I would bill. It is a good bill. I am very pleased to see the district also like to commend my colleague, Mr. Speaker, I yield back the balance work to come up with solutions that fi- and dean of our Utah House delegation of my time. nancially benefit the Federal Govern- who has shepherded this bill through Mr. HANSEN. Mr. Speaker, I yield ment as well as the taxpayers of Utah. his committee. This bill is a win-win myself such time as I may consume. Mr. Speaker, I reserve the balance of for everyone involved. From the Fed- Mr. Speaker, I thank my colleagues my time. eral Government to the Central Utah for their support of this bill. I also Mr. RICHARDSON. Mr. Speaker, I Water Conservancy District to the citi- would like to mention the gentle- yield myself such time as I may zens of Utah and finally to the Amer- woman from Utah, Ms. ENID GREENE, consume. ican people who will be insured of the who worked diligently to help get this April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4137 bill through, which is a great benefit (A) 1.5 percent of all adjusted gross revenue or the rental charge calculated pursuant to for the residents of the State of Utah. below $3,000,000; this Act, whichever is higher; Mr. Speaker, I yield back the balance (B) 2.5 percent for adjusted gross revenue (3) for the 1997–1998 permit year, either the between $3,000,000 and $15,000,000; rental charge for the 1994–1995 base year or of my time. (C) 2.75 percent for adjusted gross revenue the rental charge calculated pursuant to this The SPEAKER pro tempore (Mr. between $15,000,000 and $50,000,000; and Act, whichever is higher. CLINGER). The question is on the mo- (D) 4.0 percent for the amount of adjusted If an individual permittee’s adjusted gross tion offered by the gentleman from gross revenue that exceeds $50,000,000. revenue for the 1995–1996, 1996–1997, or 1997– Utah [Mr. HANSEN] that the House sus- Utilizing the abbreviations indicated in 1998 permit years falls more than 10 percent pend the rules and pass the bill, H.R. this subsection the ski area permit fee below the 1994–1995 base year, the rental 1823, as amended. (SAPF) formula can be simply illustrated as: charge paid shall be the rental charge cal- The question was taken. SAPF=((LT+SS)STFP)+GRAF=AGR; AGR% culated pursuant to this Act. BRACKETS (e) Under no circumstances shall revenue, Mr. HANSEN. Mr. Speaker, on that I or subpermittee revenue (other than lift (2) In cases where ski areas are only par- demand the yeas and nays. ticket, area use pass, or ski school sales) ob- tially located on national forest lands, the The yeas and nays were ordered. tained from operations physically located on slope transport feet percentage on national The SPEAKER pro tempore. Pursu- non-national forest land be included in the forest land referred to in subsection (b) shall ski area permit rental charge calculation. ant to clause 5, rule I, and the Chair’s be calculated as generally described in the prior announcement, further proceed- (f) To reduce administrative costs of ski Forest Service Manual in effect as of Janu- area permittees and the Forest Service the ings on this motion will be postponed. ary 1, 1992. Revenues from Nordic ski oper- terms ‘‘revenue’’ and ‘‘sales’’, as used in this f ations shall be included or excluded from the section, shall mean actual income from sales rental charge calculation according to the and shall not include sales of operating AMENDING THE NATIONAL FOR- percentage of trails physically located on na- equipment, refunds, rent paid to the permit- EST SKI AREA PERMIT ACT OF tional forest land. tee by sublessees, sponsor contributions to 1986 (3) In order to ensure that the rental special events or any amounts attributable charge remains fair and equitable to both Mr. ALLARD. Mr. Speaker, I move to to employee gratuities or employee lift tick- the United States and ski area permittees, ets, discounts, or other goods or services (ex- suspend the rules and pass the bill the adjusted gross revenue figures for each cept for bartered goods and complimentary (H.R. 1527) to amend the National For- revenue bracket in paragraph (1) shall be ad- life tickets) for which the permittee does not est Ski Area Permit Act of 1986 to clar- justed annually by the percent increase or receive money. ify the authorities and duties of the decrease in the national Consumer Price (g) In cases where an area of national for- Secretary of Agriculture in issuing ski Index for the preceding calendar year. No est land is under a ski area permit but the later than 3 years after the date of enact- permittee does not have revenue or sales area permits on National Forest Sys- ment of this Act and periodically thereafter tem lands and to withdraw lands with- qualifying for rental charge payment pursu- the Secretary shall submit to the Committee ant to subsection (a), the permittee shall pay in ski area permit boundaries from the on Energy and Natural Resources of the an annual minimum rental charge of $2 for operation of the mining and mineral United States Senate and the Committee on each national forest acre under permit or a leasing laws, as amended. Resources of the United States House of Rep- percentage of appraised land value, as deter- The Clerk read as follows: resentatives a report analyzing whether the mined appropriate by the Secretary. H.R. 1527 ski area permit rental charge legislated by (h) Where the new rental charge provided this Act is returning a fair market value for in subsection (b)(1) results in an increase Be it enacted by the Senate and House of Rep- rental to the United States together with in permit rental charge greater than one half resentatives of the United States of America in any recommendations the Secretary may of one percent of the permittee’s adjusted Congress assembled, have for modifications of the system. gross revenue as determined under sub- SECTION 1. SKI AREA PERMIT RENTAL CHARGE. (c) The rental charge set forth in sub- section (b)(1), the new rental charge shall be (a) The Secretary of Agriculture shall section (b) shall be due on June 1 of each phased in over a five year period in a manner charge a rental charge for all ski area per- year and shall be paid or prepaid by the per- providing for increases for approximately mits issued pursuant to section 3 of the Na- mittee on a monthly, quarterly, annual or equal increments. tional Forest Ski Area Permit Act of 1986 (16 other schedule as determined appropriate by (i) To reduce federal costs in administering U.S.C. 497b), the Act of March 4, 1915 (38 Stat. the Secretary in consultation with the per- the provisions of this Act, the reissuance of 1101, chapter 144; 16 U.S.C. 497), or the 9th mittee. Unless mutually agreed otherwise by a ski area permit to provide activities simi- through 20th paragraphs under the heading the Secretary and the permittee, the pay- lar in nature and amount to the activities ‘‘SURVEYING THE PUBLIC LANDS’’ under ment or prepayment schedule shall conform provided under the previous permit shall not the heading ‘‘UNDER THE DEPARTMENT to the permittee’s schedule in effect prior to constitute a major Federal action for the OF THE INTERIOR’’ in the Act of June 4, enactment of this Act. To reduce costs to the purposes of the National Environmental Pol- 1897 (30 Stat. 34, chapter 2), on National For- permittee and the Forest Service, the Sec- icy Act of 1969 (42 U.S.C. 4331 et seq.). est System lands. Permit rental charges for retary shall each year provide the permittee SEC. 2. WITHDRAWALS. permits issued pursuant to the National For- with a standardized form and worksheets (in- Subject to valid existing rights, all lands est Ski Area Permit Act of 1986 shall be cal- cluding annual rental charge calculation located within the boundaries of ski area culated as set forth in subsection (b). Permit brackets and rates) to be used for rental permits issued prior to, on or after the date rental charges for existing ski area permits charge calculation and submitted with the of enactment of this Act pursuant to author- issued pursuant to the Act of March 4, 1915, rental charge payment. Information pro- ity of the Act of March 4, 1915 (38 Stat. 1101, and the Act of June 4, 1897, shall be cal- vided on such forms shall be compiled by the chapter 144; 16 U.S.C. 497), and the Act of culated in accordance with those existing Secretary annually and kept in the Office of June 4, 1897, or the National Forest Ski Area permits: Provided, That a permittee may, at the Chief, U.S. Forest Service. Permit Act of 1986 (16 U.S.C. 497b) are hereby the permittee’s option, use the calculation (d) The ski area permit rental charge set and henceforth automatically withdrawn method set forth in subsection (b). forth in this section shall become effective from all forms of appropriation under the (b)(1) The ski area permit rental charge on June 1, 1996 and cover receipts retroactive mining laws and from disposition under all (SAPRC) shall be calculated by adding the to June 1, 1995: Provided, however, That if a laws pertaining to mineral and geothermal permittee’s gross revenues from lift ticket/ permittee has paid rental charges for the pe- leasing and all amendments thereto. Such year-round ski area use pass sales plus reve- riod June 1, 1995, to June 1, 1996, under the withdrawal shall continue for the full term nue from ski school operations (LT+SS) and graduated rate rental charge system formula of the permit and any modification, reissu- multiplying such total by the slope trans- in effect prior to the date of enactment of ance, or renewal thereof. Unless the Sec- port feet percentage (STFP) on National this Act, such rental charges shall be cred- retary requests otherwise of the Secretary of Forest System land. That amount shall be ited toward the new rental charge due on the Interior, such withdrawal shall be can- increased by the gross year-round revenue June 1, 1996. In order to ensure increasing celed automatically upon expiration or other from ancillary facilities (GRAF) physically rental charge receipt levels to the United termination of the permit and the land auto- located on national forest land, including all States during transition from the graduated matically restored to all appropriation not permittee or subpermittee lodging, food rate rental charge system formula of this otherwise restricted under the public land service, rental shops, parking and other an- Act, the rental charge paid by any individual laws. cillary operations, to determine the adjusted permittee shall be— The SPEAKER pro tempore. Pursu- gross revenue (AGR) subject to the permit (1) for the 1995–1996 permit year, either the ant to the rule, the gentleman from rental charge. The final rental charge shall rental charge paid for the preceding 1994–1995 be calculated by multiplying the AGR by the base year or the rental charge calculated Colorado [Mr. ALLARD] and the gen- following percentages for each revenue pursuant to this Act, whichever is higher; tleman from New Mexico [Mr. RICHARD- bracket and adding the total for each reve- (2) for the 1996–1997 permit year, either the SON] will each be recognized for 20 min- nue bracket: rental charge paid for the 1994–1995 base year utes. H4138 CONGRESSIONAL RECORD — HOUSE April 30, 1996 The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The from Colorado [Mr. ALLARD]. my time. question is on the motion offered by Mr. ALLARD. Mr. Speaker, I yield Mr. RICHARDSON. Mr. Speaker, I the gentleman from Colorado [Mr. AL- myself such time as I may consume. yield myself such time as I may LARD] that the House suspend the rules (Mr. ALLARD asked and was given consume. and pass the bill, H.R. 1527, as amend- permission to revise and extend his re- Mr. Speaker, I support H.R. 1527, the ed. marks.) ski fee bill, although I do recognize The question was taken; and (two- Mr. ALLARD. Mr. Speaker, I rise in some concerns with this legislation thirds having voted in favor thereof) strong support of H.R. 1527, legislation have been expressed by the administra- the rules were suspended and the bill, to amend the process by which the For- tion and others. as amended, was passed. est Service calculates the charges for I am all for simplifying the ski fee The title of the bill was amended so ski areas on National Forest Service determination. The current process as to read: ‘‘A bill to further clarify the lands. This is a good bill which sim- used by the Forest Service is cum- authorities and duties of the Secretary plifies 40 pages of complex Government bersome and costly, both for the agen- of Agriculture in issuing ski area per- regulations and procedures, reduces cy and the permittees. H.R. 1527 great- mits on National Forest System lands costs on the private sector, and gen- ly simplifies that process. and to withdraw lands within ski area erates additional revenue for the The Federal Government should get permit boundaries from the operation Treasury. fair market value for the use of Federal of the mining and mineral leasing Mr. Speaker, there are 143 ski areas assets. Unfortunately, as cir- laws.’’ located on Forest Service land around cumstances currently stand, we cannot A motion to reconsider was laid on the country. While these ski areas rep- be assured that this bill meets that the table. resent only one-tenth of 1 percent of test. As the GAO has reported to Con- f the land managed by the Forest Serv- gress, the ski industry’s fee proposal ice, tens of millions of persons enjoy that is embodied in H.R. 1527 does not HELIUM PRIVATIZATION ACT OF skiing at such internationally renown assure that the Federal Government 1996 sites as Vail, Steamboat Springs, receives fair market value. The per- Mr. ALLARD. Mr. Speaker, I move to Aspen, Jackson Hole, Mammoth, and centages used in the bill were designed suspend the rules and pass the bill Sugarbush every year. For that reason, to generate only the same amount in (H.R. 3008) to amend the Helium Act to it is important that we establish sound revenue that the Forest Service pres- authorize the Secretary to enter into policy in the management of our ski ently collects. agreements with private parties for the areas, which ensures continuation of To address the question of fair mar- recovery and disposal of helium on this strong public-private partnership. ket value, the bill includes language Federal lands, and for other purposes. As ski area operations have evolved requiring the Secretary of Agriculture The Clerk read as follows: over the years into complex multi-sea- to report to Congress within 3 years on H.R. 3008 son resorts, the existing graduate rate whether the bill’s fee formula is Be it enacted by the Senate and House of Rep- fee system for calculating ski area per- achieving fair market value. I think resentatives of the United States of America in mittee fees has become increasingly this is a good idea. Congress assembled, complex. For example, the Forest Serv- I should also note that the adminis- SECTION 1. SHORT TITLE. ice has now instituted such practices tration and others have expressed con- This Act may be cited as the ‘‘Helium Pri- as levying a charge on facilities and cerns about the bill’s NEPA waiver for vatization Act of 1996’’. services on private lands which the permit renewals. That particular lan- SEC. 2. AMENDMENT OF HELIUM ACT. Forest Service claims are related to guage presents some policy problems. Except as otherwise expressly provided, the ski area. In 1986, Congress recog- but they are not insurmountable. whenever in this Act an amendment or re- nized that the existing system for cal- Mr. Speaker, as I noted earlier, the peal is expressed in terms of an amendment culating fees that ski area operators to, or repeal of, a section or other provision, current Permit Fee System is cum- the reference shall be considered to be made pay to the Federal Government was bersome and costly. That is why the to a section or other provision of the Helium outdated and directed the Forest Serv- Forest Service has been moving to Act (50 U.S.C. 167 to 167n). ice to develop a new fee system. scrap it and replace it with a new fee SEC. 3. AUTHORITY OF SECRETARY. Unfortunately, in the 10 years since program. Those proposed changes how- Sections 3, 4, and 5 are amended to read as Congress directed the Forest Service to ever are several years off. As such, I follows: establish a new fee system, the agency support H.R. 1527, with the understand- ‘‘SEC. 3. AUTHORITY OF SECRETARY. has provided no new recommendation ing that the Congress can address this ‘‘(a) EXTRACTION AND DISPOSAL OF HELIUM to Congress. The Forest Service has matter again if the Secretary reports ON FEDERAL LANDS.— spent a substantial amount of money to Congress that the bill’s fee schedule ‘‘(1) IN GENERAL.—The Secretary may enter studying new ways to calculate fees, is not achieving fair market value. into agreements with private parties for the but at this point has nothing new to I particularly want to commend the recovery and disposal of helium on Federal suggest. Last September, the Forest lands upon such terms and conditions as the advice on this legislation I received Secretary deems fair, reasonable, and nec- Service announced that they were pre- from Mickey Blake, my constituent essary. pared to scrap all their previous work who operates the world-renowned Taos ‘‘(2) LEASEHOLD RIGHTS.—The Secretary and start a new study. Ski Valley, which happens to be the may grant leasehold rights to any such he- Instead of further studies, what this number one ski resort in the country, lium. legislation presents is a new and sim- with all deference to my friends from ‘‘(3) LIMITATION.—The Secretary may not plified approach for calculating ski Colorado. enter into any agreement by which the Sec- area permittee fees. Just as impor- Mr. Speaker, I reserve the balance of retary sells such helium other than to a pri- tantly, CBO has estimated that this my time. vate party with whom the Secretary has an agreement for recovery and disposal of he- legislation will actually increase reve- Mr. ALLARD. Mr. Speaker, I yield lium. nues to the Treasury. myself such time as I may consume. ‘‘(4) REGULATIONS.—Agreements under Mr. Speaker, this bill is a win-win- Mr. Speaker, I just want to com- paragraph (1) may be subject to such regula- win: A win for the administration, who pliment the chairman of the Commit- tions as may be prescribed by the Secretary. will see administrative costs go down. tee on Resources, the gentleman from ‘‘(5) EXISTING RIGHTS.—An agreement under A win for the Treasury, where revenues Alaska [Mr. YOUNG], for carrying this paragraph (1) shall be subject to any rights will go up. And a win for the American valuable piece of legislation forward. I of any affected Federal oil and gas lessee public, who enjoys recreational skiing appreciate his hard work on behalf of that may be in existence prior to the date of the agreement. on Forest Service lands, which provide ski country. ‘‘(6) TERMS AND CONDITIONS.—An agreement this country with some of the best rec- Mr. RICHARDSON. Mr. Speaker, I under paragraph (1) (and any extension or re- reational skiing in the world. yield back the balance of my time. newal of an agreement) shall contain such I commend the bill to my colleagues Mr. ALLARD. Mr. Speaker, I yield terms and conditions as the Secretary may and urge its passage. back the balance of my time. consider appropriate. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4139

‘‘(7) PRIOR AGREEMENTS.—This subsection portation services to any person, the Sec- ‘‘(2) TIMES OF SALE.—The sales shall be at shall not in any manner affect or diminish retary shall impose a fee on the person to re- such times during each year and in such lots the rights and obligations of the Secretary imburse the Secretary for the full costs of as the Secretary determines, in consultation and private parties under agreements to dis- providing such storage, transportation, and with the helium industry, to be necessary to pose of helium produced from Federal lands withdrawal. carry out this subsection with minimum in existence on the date of enactment of the ‘‘(b) TREATMENT.—All fees received by the market disruption. Helium Privatization Act of 1996 except to Secretary under subsection (a) shall be treat- ‘‘(3) PRICE.—The price for all sales under the extent that such agreements are renewed ed as moneys received under this Act for pur- paragraph (1), as determined by the Sec- or extended after that date. poses of section 6(f).’’. retary in consultation with the helium in- ‘‘(b) STORAGE, TRANSPORTATION AND SEC. 4. SALE OF CRUDE HELIUM. dustry, shall be such price as will ensure re- SALE.—The Secretary may store, transport, (a) Subsection 6(a) is amended by striking payment of the amounts required to be re- and sell helium only in accordance with this ‘‘from the Secretary’’ and inserting ‘‘from paid to the Treasury under section 6(c). Act. persons who have entered into enforceable ‘‘(b) DISCOVERY OF ADDITIONAL RESERVES.— ‘‘SEC. 4. STORAGE, TRANSPORTATION, AND WITH- contracts to purchase an equivalent amount The discovery of additional helium reserves DRAWAL OF CRUDE HELIUM. of crude helium from the Secretary’’. shall not affect the duty of the Secretary to ‘‘(a) STORAGE, TRANSPORTATION AND WITH- (b) Subsection 6(b) is amended— make sales of helium under subsection (a).’’. DRAWAL.—The Secretary may store, trans- (1) by inserting ‘‘crude’’ before ‘‘helium’’; port and withdraw crude helium and main- SEC. 6. REPEAL OF AUTHORITY TO BORROW. and Sections 12 and 15 are repealed. tain and operate crude helium storage facili- (2) by adding the following at the end: ‘‘Ex- ties, in existence on the date of enactment of SEC. 7. LAND CONVEYANCE IN POTTER COUNTY, cept as may be required by reason of sub- TEXAS. the Helium Privatization Act of 1996 at the section (a), sales of crude helium under this (a) IN GENERAL.—The Secretary of the In- Bureau of Mines Cliffside Field, and related section shall be in amounts as the Secretary helium transportation and withdrawal facili- terior shall transfer all right, title, and in- determines, in consultation with the helium terest of the United States in and to the par- ties. industry, necessary to carry out this sub- ‘‘(b) CESSATION OF PRODUCTION, REFINING, cel of land described in subsection (b) to the section with minimum market disruption.’’. AND MARKETING.—Not later than 18 months Texas Plains Girl Scout Council for consider- (c) Subsection 6(c) is amended— after the date of enactment of the Helium ation of $1, reserving to the United States (1) by inserting ‘‘crude’’ after ‘‘Sales of’’; Privatization Act of 1996, the Secretary shall such easements as may be necessary for pipe- and cease producing, refining, and marketing re- line rights-of-way. (2) by striking ‘‘together with interest as fined helium and shall cease carrying out all (b) LAND DESCRIPTION.—The parcel of land provided in this subsection’’ and all that fol- other activities relating to helium which the referred to in subsection (a) is all those cer- lows through the end of the subsection and Secretary was authorized to carry out under tain lots, tracts or parcels of land lying and inserting ‘‘all funds required to be repaid to this Act before the date of enactment of the being situated in the County of Potter and the United States as of October 1, 1995 under Helium Privatization Act of 1996, except ac- State of Texas, and being the East Three this section (referred to in this subsection as tivities described in subsection (a). Hundred Thirty-One (E331) acres out of Sec- ‘repayable amounts’). The price at which ‘‘(c) DISPOSAL OF FACILITIES.— tion Seventy-eight (78) in Block Nine (9), crude helium is sold by the Secretary shall ‘‘(1) IN GENERAL.—Subject to paragraph (5), B.S. & F. Survey, (some times known as the not be less than the amount determined by not later than 24 months after the cessation G.D. Landis pasture) Potter County, Texas, the Secretary by— of activities referred to in subsection (b) of located by certificate No. 1/39 and evidenced ‘‘(1) dividing the outstanding amount of this section, the Secretary shall designate as by letters patents Nos. 411 and 412 issued by such repayable amounts by the volume (in excess property and dispose of all facilities, the State of Texas under date of November million cubic feet) of crude helium owned by equipment, and other real and personal prop- 23, 1937, and of record in Vol. 66A of the Pat- the United States and stored in the Bureau erty, and all interests therein, held by the ent Records of the State of Texas. The metes of Mines Cliffside Field at the time of the United States for the purpose of producing, and bounds description of such lands is as sale concerned, and refining and marketing refined helium. follows: ‘‘(2) APPLICABLE LAW.—The disposal of such ‘‘(2) adjusting the amount determined (1) FIRST TRACT.—One Hundred Seventy- under paragraph (1) by the Consumer Price property shall be in accordance with the one (171) acres of land known as the North Index for years beginning after December 31, Federal Property and Administrative Serv- part of the East part of said survey Seventy- 1995.’’. ices Act of 1949. eight (78) aforesaid, described by metes and ‘‘(3) PROCEEDS.—All proceeds accruing to (d) Subsection 6(d) is amended to read as bounds as follows: the United States by reason of the sale or follows: Beginning at a stone 20 x 12 x 3 inches other disposal of such property shall be ‘‘(d) EXTRACTION OF HELIUM FROM DEPOSITS marked X, set by W.D. Twichell in 1905, for treated as moneys received under this chap- ON FEDERAL LANDS.—All moneys received by the Northeast corner of this survey and the ter for purposes of section 6(f). the Secretary from the sale or disposition of Northwest corner of Section 59; ‘‘(4) COSTS.—All costs associated with such helium on Federal lands shall be paid to the Thence, South 0 degrees 12 minutes East sale and disposal (including costs associated Treasury and credited against the amounts with the West line of said Section 59, 999.4 with termination of personnel) and with the required to be repaid to the Treasury under varas to the Northeast corner of the South cessation of activities under subsection (b) subsection (c).’’. 160 acres of East half of Section 78; shall be paid from amounts available in the (e) Subsection 6(e) is repealed. helium production fund established under (f) Subsection 6(f) is amended— Thence, North 89 degrees 47 minutes West section 6(f). (1) by striking ‘‘(f)’’ and inserting ‘‘(e)(1)’’; with the North line of the South 150 acres of the East half, 956.8 varas to a point in the ‘‘(5) EXCEPTION.—Paragraph (1) shall not and apply to any facilities, equipment, or other (2) by adding the following at the end: East line of the West half Section 78; real or personal property, or any interest ‘‘(2)(A) Within 7 days after the commence- Thence, North 0 degrees 10 minutes West therein, necessary for the storage, transpor- ment of each fiscal year after the disposal of with the East line of the West half 999.4 tation and withdrawal of crude helium or the facilities referred to in section 4(c), all varas to a stone 18 x 14 x 3 inches in the mid- any equipment, facilities, or other real or amounts in such fund in excess of $2,000,000 dle of the South line of Section 79; personal property, required to maintain the (or such lesser sum as the Secretary deems Thence, South 89 degrees 47 minutes East purity, quality control, and quality assur- necessary to carry out this Act during such 965 varas to the place of beginning. ance of crude helium in the Bureau of Mines fiscal year) shall be paid to the Treasury and (2) SECOND TRACT.—One Hundred Sixty (160) Cliffside Field. credited as provided in paragraph (1). acres of land known as the South part of the ‘‘(d) EXISTING CONTRACTS.— ‘‘(B) On repayment of all amounts referred East part of said survey No. Seventy-eight ‘‘(1) IN GENERAL.—All contracts that were to in subsection (c), the fund established (78) described by metes and bounds as fol- entered into by any person with the Sec- under this section shall be terminated and lows: retary for the purchase by the person from all moneys received under this Act shall be Beginning at the Southwest corner of Sec- the Secretary of refined helium and that are deposited in the general fund of the Treas- tion 59, a stone marked X and a pile of in effect on the date of the enactment of the ury.’’. stones; Thence, North 89 degrees 47 minutes Helium Privatization Act of 1996 shall re- SEC. 5. ELIMINATION OF STOCKPILE. West with the North line of Section 77, 966.5 main in force and effect until the date on Section 8 is amended to read as follows: varas to the Southeast corner of the West which the refining operations cease, as de- ‘‘SEC. 8. ELIMINATION OF STOCKPILE. half of Section 78; Thence, North 0 degrees 10 scribed in subsection (b). ‘‘(a) STOCKPILE SALES.— minutes West with the East line of the West ‘‘(2) COSTS.—Any costs associated with the ‘‘(1) COMMENCEMENT.—Not later than Janu- half of Section 78; termination of contracts described in para- ary 1, 2005, the Secretary shall commence of- Thence, South 89 degrees 47 minutes East graph (1) shall be paid from the helium pro- fering for sale crude helium from helium re- 965.8 varas to a point in the East line of Sec- duction fund established under section 6(f). serves owned by the United States in such tion 78; ‘‘SEC. 5. FEES FOR STORAGE, TRANSPORTATION amounts as would be necessary to dispose of Thence, South 0 degrees 12 minutes East AND WITHDRAWAL. all such helium reserves in excess of 934.6 varas to the place of beginning. ‘‘(a) IN GENERAL.—Whenever the Secretary 600,000,000 cubic feet on a straight-line basis Containing an area of 331 acres, more or provides helium storage withdrawal or trans- between such date and January 1, 2015. less. H4140 CONGRESSIONAL RECORD — HOUSE April 30, 1996 The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of that were closed. These are people, Mr. ant to the rule, the gentleman from my time. Speaker, men and women, who through Colorado [Mr. ALLARD] and the gen- b 1500 no fault of their own find themselves tleman from Hawaii [Mr. ABERCROMBIE] working for a Federal program tar- will each be recognized for 20 minutes. Mr. ABERCROMBIE. Mr. Speaker, I geted for downsizing and in fact elimi- The Chair recognizes the gentleman yield myself such time as I may nation. from Colorado [Mr. ALLARD]. consume. My amendment would have given Mr. ALLARD. Mr. Speaker, I yield (Mr. ABERCROMBIE asked and was these people help in addition to what myself such time as I may consume. given permission to revise and extend the Secretary has already authorized (Mr. ALLARD asked and was given his remarks.) to provide, the same kind of help that permission to revise and extend his re- Mr. ABERCROMBIE. Mr. Speaker, I we have provided, as I indicated, to marks.) rise with regrets, acknowledging H.R. many of the defense employees work- Mr. ALLARD. Mr. Speaker, I rise 3008, a bill to close the Federal helium ing at military bases scheduled for clo- today in support of H.R. 3008. This leg- program, will pass today. In these days sure: job placement assistance, ex- islation demonstrates our commitment of downsizing, it seems the time has tended life and health insurance cov- to put an end to bloated Government come to terminate programs which ap- erage, and the option to take an early programs by shutting down an ineffi- pear to have outlived their usefulness retirement without penalty. cient facility which has outlived its like the Federal helium program. Sadly, my Republican colleagues on need and can’t compete with the pri- I want to note that I say appear, Mr. the committee could not be persuaded vate sector. I thank my good friend and Speaker. Since 1925, when the Defense to provide this type of much-needed colleague, Mr. COX, for his tireless ef- Department believed that dirigibles or aid. During committee debate, my forts to bring this important bill to the blimps would be an integral part of our friend and colleague from California floor. To assure the fiscal responsibil- national defense, the Federal Govern- [Mr. CALVERT] argued that the Sec- ity for this closure, this legislation re- ment has managed a helium program. retary already has the authority to peals the Secretary of the Interior’s Today the Federal helium program provide these benefits. This is simply authority to borrow under the Helium continues to serve the needs of major incorrect, Mr. Speaker. Act and requires the Secretary to im- Federal users of helium such as NASA My amendment would have added au- pose fees for helium storage, with- and DOE laboratories, who are required thority necessary to enable the Sec- drawal, and transportation services. to purchase helium from the Bureau of retary to extend health and life insur- Specifically this bill will: Mines. Get the Federal Government out of ance coverage for 3 years beyond an The Federal Government got in- employee’s termination. The Secretary the helium business, including sale of volved in helium production at a time the stockpile, and shut down an ineffi- does not have the ability to provide when there was no private helium pro- this assistance under current law. My cient helium refinery. Within 18 duction. Today, however, the private months, this bill will terminate the he- amendment would have allowed Fed- sector manufactures 90 percent of the lium refining and marketing oper- eral helium employees access to the world’s helium. For this reason groups ations of the former U.S. Bureau of enhanced early retirement option, and such as the National Taxpayers Union, Mines at the Excell plant and the Ama- current law does not provide for this the ‘‘20/20’’ TV program, the Interior rillo plant. Additionally, all proceeds protection. My amendment would have Department inspector general, and the from the sale of these facilities and given Federal helium employees hiring Heritage Foundation, an unlikely con- equipment will be returned to the preference Government-wide, not just glomeration, have called for its elimi- Treasury. These funds will be applied in the Amarillo area as is provided nation. toward reduction of the debt the Fed- under existing law. H.R. 3008, like its predecessor, H.R. eral Government has incurred by pur- So, Mr. Speaker, my amendment 3967 in the 103d Congress, enjoys bipar- chasing crude helium for storage and failed. Even though I agreed with my tisan support. While I did not support refining since 1960. good friend and colleague from Texas Second, this bill ensures repayment termination of the program, I recog- [Mr. THORNBERRY] that we did not need of this debt. The total helium program nize after several years of consider- to terminate this program, I, and I be- debt shall be frozen at the current ation Congress is poised to resolve the lieve he, could see that this bill would amount, which is approximately $1.4 question of the helium program by ter- pass. So I tried to lessen the blow so billion. Future sales from the crude he- minating it. But I remain concerned that the helium workers might be able lium stockpile must be sold at a price that we have not done enough to aid to find another Federal job, or if they determined by dividing this debt by the the 200-plus employees in Amarillo, served 20 years, they could take an approximately 32 billion cubic feet of TX, who will lose their livelihood as early out and retire from civil service. helium currently stored in the Cliffside consequence of our decision. As of now, this is not to be, Mr. Field. That value will be the minimum The bill directs the Secretary of the Speaker. These activities would have bid per thousand cubic feet for crude Interior to sell off all the equipment, been paid from the existing helium ac- helium that the private distributors real property, refining facilities, and count and would have cost relatively must pay to access this supply. Reve- gradually sell off most of the crude he- pennies, especially in comparison to nue received from the private sector as lium currently stored in Amarillo, TX. the costs of unemployment benefits. the result of crude helium sales will be Funds from the sale will be deposited The Congressional Budget Office said returned to the Treasury to complete in a helium fund established under the that my amendment would have had no debt repayment. 1960 act, and will be available for var- budgetary effect. And finally, this legislation protects ious termination activities, including It seemed only fair to offer this as- our domestic helium industry from some employee benefits already au- sistance to the innocent victims of our undue disruption by the Federal Gov- thorized under law. Eventually the downsizing zeal, so that the employees ernment. By recognizing the current fund will be applied against the debt to who had nothing to do with the dif- market surplus, the bill allows flexibil- reduce the deficit. This is, in any ficulties facing the program would not ity in commencement of the sale of the event, the hope. be left stranded by their Government. stockpile, so as to minimize market During the committee consideration But my Republican colleagues could disruption. Sales may begin as late as of this bill, I offered an amendment to not see their way clear to help their 2005 but the bill requires that the provide employee benefits in addition fellow public servants in this instance, stockpile be eliminated by 2015. Coinci- to those authorized under existing law and so today I expect we will pass H.R. dentally, this is when many experts be- so that the 200-plus employees in Ama- 3008 under suspension of the rules so we lieve the current surplus of helium rillo, many of whom have built their can praise ourselves for making Gov- may no longer exist. Thus the Federal careers on this program, would get the ernment smaller. Government should receive a higher same kind of additional education and We could have done so, Mr. Speaker, price for the commodity than the mini- job placement assistance that we gave in a much more humane and compas- mum established floor bid. defense employees working at bases sionate manner. I will ask the other April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4141 body to consider my amendment before The reality today is that in 1996 it is there are some innocent victims in we conclude the legislative process. clear that blimps have absolutely noth- this, and those are the people who went Loyal workers in the helium program ing to do with national security. They to work for the Government in the he- deserve no less. may have to do with some intriguing lium reserve. I agree with him com- Mr. Speaker, I reserve the balance of shots at the halftime of a Monday pletely, that they should be held harm- my time. night football game, but I think they less as much as possible. The package Mr. ALLARD. Mr. Speaker, I yield manage to do that without support of proposals he outlined, especially the balance of my time to the gen- from the Federal Government. The tax- since as he pointed out they have no tleman from California [Mr. CALVERT] payers, frankly, now are left with al- budgetary impact, are entirely reason- and ask unanimous consent that he be most a $1.5 billion debt to pay off the able. permitted to control that time. cost of a reserve that has not really So I would join my friend from Ha- The SPEAKER pro tempore (Mr. had any strategic interest for the last waii in appealing to the Senate, when CLINGER). Is there objection to the re- 70 years. Obviously, as well, there is an this bill goes to them, to add that kind quest of the gentleman from Colorado? adequate supply of helium in the pri- of an amendment. In fact, as a cospon- There was no objection. vate sector. sor of the bill and as a supporter, I will The SPEAKER pro tempore. The gen- I finally urge my colleagues to vote join with him in urging them to act on tleman from California [Mr. CALVERT] for this measure and thank the gen- that once we have done this. will be recognized for 17 minutes, the tleman from California [Mr. CALVERT] I say that is important not just in balance of the time. and the rest of my colleagues for kill- this instance, but it is important if we Mr. CALVERT. Mr. Speaker, I yield 2 ing a program that frankly should have are to go ahead with the kind of minutes to the gentleman from Wis- been killed 50 years ago. changes we ought to make. We have to consin [Mr. KLUG]. Mr. ABERCROMBIE. Mr. Speaker, show that we can economize with some Mr. KLUG. Mr. Speaker, I thank my with the Chair’s permission, I yield compassion, that we can economize colleague from California for his work such time as he may consume to the taking a longer look, but that we are on this legislation, and my other col- gentleman from Massachusetts [Mr. not going to make hardworking indi- league from California [Mr. COX], and FRANK]. viduals who did not make the particu- also the gentleman from Massachusetts Mr. FRANK of Massachusetts. I lar policy choices bear an undue share [Mr. FRANK], for their work on this leg- thank my friend and I would say I ad- of the burden. To the extent that we islation for years. In a way it is kind of mire him, but in the future I think can give them equity while we go for- a shame to see this program come to when he is yielding to someone he bet- ward, I think we ought to. So there- an end because it takes away one of the ter not ask their permission, because if fore, as I said, I join the gentleman’s great punch lines when talking about they think they could deny it, they amendment, and with that I also the Federal Government, because the might. strongly support this legislation. national helium reserve has really been Mr. ABERCROMBIE. Mr. Speaker, as The gentleman from California [Mr. a laughingstock, I think, for several the gentleman, I know. COX], who began calling the attention decades. Mr. FRANK of Massachusetts. I of this body to this, has as I said done Looking all the way back to the thank the ranking member for yielding a very good job of saying, look, we early 1930’s, the Federal Government me the time. have this outdated program, a program got involved and continues to be in- Mr. Speaker, I want to add my words which it does not make sense for the volved in the operation of hydro- in support of this bill. It is a lot easier, Federal Government to be involved in. electric facilities, and I have to ask my it turns out, for the Members on both One test we always have here is, if we constituents at home whether they sides of the House, Democratic and Re- were in fact starting a government think the Federal Government should publican and across the ideological today, would somebody come forward be producing, marketing, and selling spectrum, to abolish a program in prin- and say, ‘‘Hey, I know what we need, electric power these days, and they say ciple than to abolish it in fact. We hear we need an army, a navy, an air force, no. a great deal of talk about abolition but a Justice Department, a Treasury De- We continue to run and operate, be- when we get to abolishing any specific partment, and the helium reserve.’’ I lieve it or not, a series of oil fields program, it will have liberal and con- do not think that a helium reserve scattered around this country from servative defenders, it will have Demo- would make anybody’s list of the California to Wyoming to Colorado, al- cratic and Republican defenders. things a government ought to be doing though it is with some hope in the This is one where we also fortunately right now. budget agreement we just passed last have a bipartisan coalition for the abo- The question, then, is how do we week that we will be selling off, fi- lition. The time has come, clearly, to phase it out sensibly? The gentleman nally, some of those oil fields that have abolish it. If we cannot at this point from California’s legislation does that. literally existed since the days that dispense with the helium reserve, the So I hope we pass this today, and I Teddy Roosevelt was President in order purpose of which is no longer valid, hope we can then persuade the Senate to guarantee the fact that our naval then we cannot undo anything. to take advantage of their greater fleet would have an adequate supply of Members who represent the area rules flexibility, add the amendment petroleum. where it is involved, and they will be the gentleman from Hawaii talked And here we are arguing, 70 years legitimately representing their inter- about, and send the whole thing to the later, whether or not we need a helium ests, they will raise some objections. It President. reserve in order to do dirigible research is true that it would be a lot cleaner to Mr. CALVERT. Mr. Speaker, I yield in the United States. This is absolutely do this if we never had a helium re- 11⁄2 minutes to the gentleman from absurd. The private sector is capable of serve in the first place. It is true that Florida [Mr. GOSS]. producing, marketing, and selling he- solutions to problems cannot be quali- (Mr. GOSS and was given permission lium as it has been for the last several tatively more elegant than the prob- to revise and extend his remarks.) decades, and this is a project at this lems themselves. When we have an en- Mr. GOSS. Mr. Speaker, I thank the point, frankly, where we have run up tity, we have always some details to distinguished gentleman from Califor- about $40 million a year in losses on decide when we abolish it. nia, and I commend him for his efforts this program and we have an accumu- Nonetheless, abolition is clearly the to terminate the national helium re- lated debt of nearly $1.5 billion. sensible way to go, and I think the gen- serve and provide some relief for the This legislation in front of us today tleman from California [Mr. COX], who American taxpayer. I think the Amer- has both bipartisan support here in has done so much work on this, has ican taxpayers will be very happy to Congress and also is supported by the quite sensibly dealt with those prob- receive the news. White House. It is supported by a num- lems. This is as reasonable an approach I also want to congratulate my friend ber of taxpayer groups, including Citi- as we can get, with just one exception. from California, Mr. COX, who has zens Against Government Waste and I heard the gentleman from Hawaii talked many years about this with me. the National Taxpayers Union. absolutely correctly pointing out that I think that as a classmate of mine I H4142 CONGRESSIONAL RECORD — HOUSE April 30, 1996 am very proud of his efforts in this as was a bit more familiar with the fund tee chairman’s tolerance of hearing my well. This is a long overdue action that that finances the helium project as it views on this issue. I certainly appre- I have included in my own annual list is presently undertaken, I think that ciate the ranking member working of spending cuts for 4 years running as that would not be a question. with us on this issue as well. He is cer- an unjustifiable expense at the Govern- Mr. CALVERT. Mr. Speaker, I yield 2 tainly one Member of this body that is ment’s level. It demonstrates that minutes to the gentleman from Ohio willing to question and to look beyond slowly but surely we are making [Mr. CREMEANS] who has been very maybe his preconceived ideas and has progress in downsizing Government in helpful in this legislation. worked to make this bill a better bill. this town despite resistance. Mr. CREMEANS. Mr. Speaker, I rise I certainly appreciate his efforts in today in support of H.R. 3008, legisla- b 1515 that regard. tion to end the Federal Government’s Mr. Speaker, there is a legitimate As this bill goes through the suspen- involvement in the helium business. question about whether the Federal sion process today with the support of Just as this Congress has done for the Government ought to be in the helium almost all taxpayer watchdog organiza- last 16 months, H.R. 3008 is another ex- business or not. I think we are beyond tions, we have got to ask a question: ample of streamling Government and that. I think that this body has decided How did it take this long to get rid of making it work for the taxpayers. I the Federal Government will get out of this turkey? This is a fair question, es- would like to thank Mr. COX, the spon- the helium business. But just to show pecially given the fact that this idea sor of this bill, for his hard work and my colleagues that it is not a com- was included in the Vice President’s dedication in bringing the bill to the pletely one-sided issue, I will insert a own reinventing Government plan. floor. couple of articles, one from the New Well, the answer it turns out is easy. Since my election to Congress, a top York Times, one from the Washington Preservation of the program was used priority of mine has been to shrink the Post, talking about the importance of as a bargaining chip in 1993 by the Federal bureaucracy and make it work this strategic material to defense, to White House, the Clinton White House, more effectively for the taxpayer. Cut- our space program, to medical re- to ensure passage of the Clinton tax ting waste and unnecessary Govern- search, and the rest. hike. You remember the tax hike, the ment programs, such as the helium But I want to go beyond that. The de- biggest one in history, the one that project, must be done if we are to bal- cision has been made to get the Federal Americans are feeling at the gas pumps ance the budget. That is why, last year Government out of the helium busi- today? I introduced H.R. 846, my own bill to ness, so we ought to do it in the best Well, under this deal, the taxpayer end the Government Helium Program. way possible. I am going to vote no on lost twice, with $250 billion in new I am pleased that this nearly identical this bill today because I think one of taxes and through the continuation of bill has come before us for a vote the key flaws in this bill is that it pre- this Federal boondoggle. Liberal Demo- today. vents the Federal helium assets from crats got two bites, taxpayers got two Getting Government out of the he- being privatized. hits. No more excuses, no more deals, lium business makes sense for several Now, the text of the bill says that it it is time to end the Federal involve- reasons. First, it is responsible to tax- ment in helium and get our fiscal is OK, it will be put up for sale and payers. In 1995 alone, increased debt on somebody can buy this stuff. But as a house in order. the helium program was about $38 mil- This was a national security issue. It practical matter, the formula in the lion. This bill freezes the total program bill makes it economically impossible is no longer. And it cannot be justified debt at the current amount, approxi- as a jobs program either. It needs to be for any company, whether it is an indi- mately $1.4 billion, and allows for the vidual in Amarillo, TX or Exxon, from put to rest. sale of the helium stockpile to the pri- Mr. ABERCROMBIE. Mr. Speaker, I buying any of the helium that is stored vate sector. in the ground. The formula in this bill yield myself 11⁄2 minutes, to say that In addition to being fiscally respon- has the price of helium about 25 to 48 the discussion in committee, at least sible, the bill also protects the private percent above the current market with respect to the gentleman from domestic helium market from disrup- price. Now, if somebody wants to spend Florida’s last comments, was not about tion caused by selling the Government that much more, they can do it. But I whether this was a jobs program. The stockpile. Sales of the stockpile need suggest that there is nobody who will question is whether the jobs that were not being for another decade, thereby do that. being done could be dealt with in a ensuring time to absorb the helium So what we have are some folks in manner consonant with the closure of into the market. This will help protect my district who might be interested in this program that would do justice to private domestic helium production buying the refinery and buying some of our sense of compassion and under- jobs from any potential adverse effect the helium and competing in the mar- standing of the impact that it would of the sale. have on those people who are now Mr. Speaker, the Federal Helium ket, who are essentially shut out from working. Program’s time has passed. The days of doing that because the formula is Mr. GOSS. Mr. Speaker, will the gen- the Government, using taxpayer dol- skewed to prevent somebody from tleman yield? lars, to compete against the private doing it. Mr. ABERCROMBIE. I yield to the sector are over. It’s time to stop pro- I have other constituents interested gentleman from Florida. ducing a product we can buy cheaper in buying some of the helium and Mr. GOSS. Mr. Speaker, I did not from American companies. Selling off building perhaps even a new refinery want to put words in the mouth of the the Government reserve and returning and to refine some of the natural gas gentleman from Hawaii. What I heard the money to the Treasury is the right out of it. They are shut out because of him say, I thought, was that we need to thing for the taxpayers and the domes- this formula. deal with the job dislocation in this tic helium industry. This bill is long So as we move to the other body, I matter. I think that is a fine senti- overdue. suggest that one of the key improve- ment. We have something called pri- I strongly support the legislation and ments that must be made in this bill is vate enterprise in this country and op- urge my colleagues to do the same. looking at the formula by which the portunity that seems to work very Mr. CALVERT. Mr. Speaker, I yield 5 Government sells the helium that is in well. minutes to the gentleman from Texas the ground. I would like to know if the gen- [Mr. THORNBERRY]. As a matter of fact, not only does tleman wants to supplement that with (Mr. THORNBERRY asked and was this prevent us from privatizing the op- some additional subsidy from the tax- given permission to revise and extend erations, as we are doing in so many payers for these workers, which is what his remarks and to include extraneous other cases in this body; it also pre- I thought the intent of the gentleman’s material.) vents us from accruing the real savings remarks were. Mr. THORNBERRY. Mr. Speaker, I that are being advertised by this bill. Mr. ABERCROMBIE. Mr. Speaker, appreciate the gentleman yielding me One of the projections by OMB showed reclaiming my time, if the gentleman time, and I appreciate my subcommit- that at least $43.9 million of the saving April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4143 accrued by this bill would come as a re- and astronomical systems, particle accelera- vated by short-term profits, will decide to sult of the sale of helium that is in the tors, magnetically levitated trains and re- extract more helium than there is an imme- stockpile and in the ground. sistance-free power lines. diate market for. Any helium that is not ex- If it is priced 25 to 48 percent above Moreover, helium is as close to chemically tracted will be lost forever as the natural gas inert as elements get and thus is crucial to is burned. Some incentive or requirement to the market, not only can it not be operations in which chemical reactions could store it must be in place.’’ privatized, the taxpayers will not see be destructive, including pressurizing space For years, that incentive was the Helium the benefit of that $44 million that shuttle tanks (NASA is NHR’s biggest cus- Act of 1960, in which Congress authorized the they are supposed to get, because it is tomer), welding such reactive metals as alu- NHR—operated by the Interior Department’s priced far above where it should be. minum and forming delicate silicon crystals. Bureau of Mines—to make purchases of the In committee I offered a substitute Yet there is strong bipartisan support for gas and store it. The government is uniquely that was very much closer to the ad- selling off the federal reserves—housed in positioned to do so, because 64.2 percent of ‘‘helium-rich’’ gas resources are on federal ministration’s plan to end the helium underground facilities near Amarillo, Tex.— on the private market over the next 20 years land, according to the Bureau of Mines. The program. It would have provided that to raise an estimated $1 billion or more for purchases were halted in 1973, and the size of the Secretary could sell some of the the treasury. the reserve has changed little since then. helium at market price within his dis- In his last State of the Union address, The program’s financial situation, how- cretion so there is not a disruption in President Clinton cited the National Helium ever, has changed drastically. Because it was the market. But I think it would make Reserve as one of ‘‘over 100 programs we do launched with a congressionally mandated far more sense to do so that way. It not need.’’ The Republican budget reconcili- $252 million loan from the Treasury and has paid back little of its debt, the National He- would enable some of the helium work- ation bill vetoed by Clinton earlier this month called for a shutdown of the NHR’s lium Reserve ‘‘owes’’ the federal government ers to perhaps even get a job at a new helium-extraction activities (which make up about $1.4 billion, most of which is compound privatized helium plant. Yet this bill about 10 percent of U.S. production) and interest accrued in the past 35 years. It is prevents that from happening. gradual sale of its inventory between 2005 this obligation that the sale of the reserves Mr. Speaker, I do not know, this has and 2015. The revised balanced-budget plan is intended to pay off. And it is this osten- been around so long, I am not sure if Republicans are proposing contains the same sible debt that Cox spoke of in October when we are really interested in doing this provisions. he said that the NHR is ‘‘continuing to lose thing the right way for the right rea- That leaves the program, which originated tens of millions of dollars a year.’’ in 1925 to ensure ample gas supplies for ‘‘na- The APS disputes the logic of such reason- sons. It is an easy program to make fun ing. ‘‘From the viewpoint of the U.S. govern- of. It is an essential program in many tional security’’ uses such as dirigible infla- tion, with no visible means of support—ex- ment’s net worth,’’ the group’s statement ways. But I suggest that if we are going cept for the physicists, who have taken their says, ‘‘regarding this $1.4 billion as a ‘debt’ to do it the right way and if we are case to the Office of Science and Technology . . . is purely illusory. . . . Any transfer of going to do the right thing by the Policy in hopes of emphasizing that helium funds from one government agency to an- workers and by the country, then is not a renewable resource. other neither reduces the Treasury’s na- major revisions need to take place in The only commercially viable source is tional debt nor increases the budget deficit natural gas, some deposits of which contain by a single penny.’’ this bill with a formula, as well as the Besides, said Park of the APS, if money is way the workers are treated. We all as much as 0.3 percent helium. Such ‘‘he- lium-rich’’ fields exist only in the United the principal issue, helium is likely to appre- ought to strive to not just make the States and, to a minor extent, in Canada. If ciate in value at least as much as any other Government smaller, but smarter. In helium is not extracted from the fuel before government-held asset over the next few dec- that effort I will be voting no on this the gas is burned, it disappears irretrievably ades. ‘‘It’s a good investment over the long bill today. into the atmosphere. Some 3.2 billion cubic term,’’ he said. ‘‘It makes far more sense Mr. Speaker, I include for the feet per year—approximately the same than storing gold at Fort Knox.’’ amount that is commercially extracted—is RECORD the articles referred to. [From the New York Times, Feb. 6, 1996] [From the Washington Post, Dec. 18, 1995] lost this way, the APS estimates. (Theoretically, helium could be recaptured HELIUM WILL NOT FILL THE DEMANDS OF THE U.S. HELIUM RESERVE FINDS A CHAMPION from the air, where it makes up about five FUTURE, PHYSICISTS CAUTION (By Curt Suplee) ten-thousandths of 1 percent by volume. But (By Malcolm W. Browne) The venerable National Helium Reserve— the cost would be astronomical. Recovering In the century since it was discovered as a 32 billion cubic feet of the stuff, stored be- even 3.2 billion cubic feet—about one year’s trace ingredient of the uranium mineral neath the Texas Panhandle—has become the domestic production—would require 5 per- clevite, helium, the second lightest of all ele- federal government equivalent of laughing cent of the annual U.S. energy consumption, ments, has become indispensable to science gas. Marked for extinction in the Republican according to the APS analysis.) and technology. Scientists believe it could budget plan, the 70-year-old stockpile pro- There are only a couple of deposits in the play a vital role in helping the world gram has been travestied on Capitol Hill and United States that are particularly rich in through future energy shortages. in the news media as ‘‘a symbol for obsolete helium, said Charlotte LeGates, a spokes- But as Congress and the White House move federal ventures,’’ ‘‘the government-waste woman for the Natural Gas Supply Associa- to end Government participation in helium poster child’’ and ‘‘amazingly stupid even by tion, who estimates that those resources conservation, the American Physical Soci- government standards.’’ probably will be exhausted ‘‘60 or 70 years ety, a professional society of physicists, But to many scientists, it’s no laughing from now.’’ But that situation she said, has warns that the most economically exploited matter. Earth’s tiny supply of helium is ‘‘fi- nothing to do with whether the federal gov- source of this nonrenewable substance will nite and irreplaceable,’’ the American Phys- ernment remains in the helium business or be depleted in 21 years unless steps are taken ical Society (APS) warns in a strongly word- not. She said the current budget legislation to halt a growing helium hemorrhage. ed new statement, and doing away with it simply aims ‘‘to turn government stock- THe society calculates that although could prompt a national catastrophe. When piling—which is sort of nonsense—into an or- American producers recover about 3.3 billion present reserves are exhausted, the world’s derly private market.’’ cubic feet of helium from natural gas each leading organization of physicists argues, A spokesman for Rep. Christopher Cox (R- year, another 3.2 billion cubic feet are there will be no economically feasible way to Calif.), who introduced the National Helium thrown away because gas companies lack fi- replace them. Privatization Act of 1995 that both houses of nancial incentives to separate, refine and That might not matter much if helium Congress incorporated into the budget bill, store it. The Federal Government operates a were used only for levitating blimps or fill- agreed. ‘‘The private sector is well situated combined stockpile, and buffer stock, into ing birthday balloons. But it has become one to fill the need,’’ said Vincent Sollitto. ‘‘We which commercial producers deposit helium of the most important materials in modern are extremely confident that there’s going to when demand is low, for later withdrawal if science. The physicists are worried that if be plenty of helium in this country.’’ necessary. Critics contend that Government it’s left up to private industry to extract it This is plausible in view of the fact that involvement is unnecessary and interferes from natural gas (the main source), much of demand for U.S.-produced helium has nearly with the market’s ability to match supply the nation’s helium simply will go up in doubled since 1985, according to the Depart- with demand. smoke. ment of Interior. A world shortage of helium a generation Liquid helium has the lowest boiling point But the APS is skeptical. The physicists from now could obstruct the development of of any substance and is essential to the pro- are not opposed to privatization of the NHR. superconducting power lines, motors, genera- duction of practical superconductors—mate- ‘‘It will little matter to future generations tors, electricity storage systems, magneti- rials that have no resistance to electricity— whether the helium they use was extracted cally levltated trains and many applications and devices that rely on them. That includes and stored by the government or by private not yet even imagined, the American Phys- a wide range of cutting-edge technologies industry,’’ said APS spokesman Robert Park ical Society says. Helium is not only irre- such as medical MRI scanners, ultra-sen- of the University of Maryland. ‘‘But it can- placeable; It can also do things that no other sitive diagnostic detectors, weapon-guidance not be assumed that private industry, moti- substance can even approximate. H4144 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Helium is commercially recovered from closing down the Government’s helium re- capes from underground caverns where it has certain natural gas reservoirs, mainly in the serve program, including the closing of the collected over the eons chiefly as a decay United States. Because it is a noninflam- Cliffside Dome storage well—a depleted nat- product of radioactive minerals, it mixes mable gas with nearly as much lifting power ural gas cavern near Amarillo—which con- with air, rises into the atmosphere and is as inflammable hydrogen, it was prized by tains the national helium stockpile. lost. airship builders and users following World The Cliffside Dome, which is about one- Although American airships and balloons— War I, a conflict in which hydrogen-filled third full, is connected by pipelines to other both the full-size versions and small weather Zepplin bombers had proved to be death- helium-rich gas fields, and when supplies of balloons—are still inflated with helium, that traps. After the war, the United States the extracted gas exceed demand. Cliffside use of the gas accounts for only about 10 per- banned the export of helium to deprive po- serves as an overrun storage site, from which cent of its consumption. (The toy balloons tential enemies of fire-resistant airships, and helium can be later drawn. popular at parties and political rallies later created a strategic helium stockpile, a Even defenders of the maintenance of a he- consume such trivial amounts of helium that reserve that now contains 32 billion cubic lium stockpile acknowledge that the Bureau conservation advocates say they represent feet. of Mines’s Exell helium refining plant near no significant drain.) Major American uses of But dirigible airships are no longer re- the Cliffside Dome is outdated, Inefficient helium are for purging and pressurizing the garded as strategically important weapons and expensive, and they say it holds an un- fuel tanks of NASA and Defense Department and, in any case, many lawmakers opposes fair financial advantage over private com- spacecraft, for high-temperature welding and the continued maintenance of any Federal petitors. All Government agencies that buy in cryogenic applications like the magnetic stockpiles. One of the present targets of Con- helium must by law purchase it from the Bu- resonance imaging machines used by hos- gress is the national helium stockpile, as reau of Mines, which sells the gas at $55 per pitals. well as Federal participation in the extrac- thousand cubic feet nearly 10 percent more About one-third of America’s annual he- tion of the gas. than the price offered by commercial suppli- lium production is exported to foreign users, In December, the American Physical Soci- ers. and foreign demand is increasing steadily. ety deplored the projected liquidation of The bureau’s helium operation, moreover, Helium has special importance to sci- Government helium reserves and reported is heavily in debt. But the debt of $1.4 billion entists because its physical properties are that 3.2 billion cubic feet of helium are being is misleading, said Dr. Philip C. Tully, a he- unique among all the other 100-odd elements. dumped into the atmosphere each year and lium expert at the Bureau of Mines. It is the only element that remains liquid at are forever lost. Unless the Government cre- ‘‘Most of that money consists of interest even a tiny fraction of a degree above abso- ates economic incentives to private industry we supposedly owe the Treasury Department lute zero, which is equivalent to minus 459.67 for extracting and storing the otherwise for the $252 million they advanced to us to Fahrenheit. Liquid helium cannot freeze wasted helium, one of the world’s most valu- create the strategic helium reserve,’’ Dr. solid, no matter how close to the absolute able resources will be squandered at incal- Tully said in an interview. ‘‘It’s just one zero it is chilled. culable cost to future generations, the group Government agency in debt to another Gov- Because it remains liquid at ultra-low tem- said. ernment agency—a paper debt—and Congress peratures, liquid helium is vital as a medium ‘‘The present world growth rate in demand could wipe it out with the stroke of a pen, at for chilling mercury, arsenic, niobium and for helium is about 10 percent per year,’’ the no cost to taxpayers.’’ other elements to temperatures at which society’s report said. ‘‘A simple calculation But neither the Bureau of Mines nor he- they lose all resistance to electricity, be- shows that if that rate were to continue, and lium conservation has many friends in Con- coming superconductors. if helium production could keep up with the gress. Although various compounds based on cop- demand, United States helium-rich reserves A key sponsor of legislation to end all Fed- per oxide become superconductors at much would be exhausted in only 21 years.’’ eral helium programs is Representative higher temperatures, warmer than that of The United States has large reserves of he- Christopher Cox, a California Republican, liquid nitrogen (minus 320.4 degrees Fahr- lium mixed with natural methane in the gas who believes the fears expressed by the enheit), these compounds are difficult to in- fields of Texas, Wyoming and a few other American Physical Society are groundless. corporate into useful implements, and so far, states. America is virtually the world’s only ‘‘No matter who gains title to the helium their use has been limited. source of natural gas containing 0.3 percent in the Federal stockpile, the helium will still Among the major users of liquid helium for or more or helium. In Russia and Poland, exist,’’ Mr. Cox said in an interview. ‘‘It chilling superconductors are the huge accel- two of the other main sources of helium, nat- won’t be wasted. The only real risk is that erator laboratories studying nature’s fun- ural gas generally contains 0.1 percent or the Government might sell if off quickly to damental particles. The Fermilab Tevatron less of helium, and such a lean mixture is get cash to reduce the deficit. That’s mis- accelerator at Batavia, III., is a four-mile much more expensive to separate, said Dr. leading accounting practice. But we are con- ring of superconducting magnets, all of them Robert L. Park of the University of Mary- templating a gradual transfer of ownership, continuously cooled by liquid helium. land, spokesman for the physicists’ society. taking half a lifetime.’’ Fermilab operates the world’s largest liquid- Helium is separated from the natural gas Market demand will determine how much helium refrigeration plant, but it will soon with which it is mixed either by adsorbing helium commercial producers extract from take second place to a project under con- the natural gas in charcoal or other mate- the natural gas they sell, and as supplies of struction near Geneva. rials, or by compressing and cooling the helium decrease, Mr. Cox believes, higher On a smaller scale, astronomers are heav- methane and other gases until all but the he- prices will create incentives to extract more ily dependent on liquid helium for cooling lium are liquefied. Helium, which remains a helium. ‘‘The gas companies are already ex- infrared and microwave sensors in their tele- gas unless it is chilled to minus 452 degrees tracting 90 percent of the helium produced in scopes. Such sensors must be chilled to Fahrenheit, is then pumped off. this country, and they will certainly con- eliminate the heat ‘‘noise’’ that otherwise The main obstacle to extracting and stor- tinue,’’ Mr. Cox said. masks the faint heat signals from distant ce- ing helium, experts agree, is the mismatch in Dr. Park says the American Physical Soci- lestial objects. market demands for natural fuel gas and he- ety takes no position as to whether helium ‘‘Sooner or later we’re going to have to lium. When demand for natural gas is heavy, conservation should be the responsibility of start husbanding our helium,’’ Dr. Park said. as is normally the case in winter, large Government or of private companies. ‘‘Our ‘‘If we do it now, we can save the helium-rich amounts of helium are withdrawn from gas grandchildren aren’t going to give a damn supply before it goes up the chimney. If we wells along with the natural gas, but if there who saves the world’s richest supply of he- wait, we’ll still need helium, but it will be is little commercial demand for helium at lium, as long as someone does it, and does it vastly more expensive to separate from he- that point, there is no economic incentive to before supplies run out,’’ he said. ‘‘Surely, lium-poor gas supplies. Have we the right to extract and save it, said Dr. Park. Gas com- our politicians should be able to devise some mortgage our future?’’ panies then generally avoid the expense of incentive system to encourage private indus- Mr. CALVERT. Mr. Speaker, I yield 1 separating the helium, which consequently try to save the helium. Congress has created minute to the gentleman from Michi- remains mixed with the natural gas and is lots of incentives for other purposes.’’ lost when the gas is burned. But Mr. Cox rejects this approach, saying gan [Mr. EHLERS]. Congress has decreed the demise of the Bu- that ‘‘Government tinkering with future Mr. EHLERS. Mr. Speaker, I am ris- reau of Mines, and has ordered the shutdown price structures would be very dangerous.’’ ing as a scientist to speak about the of the bureau’s helium separation plant near Helium was first discovered in the sun, not importance of helium in scientific re- Amarillo, Tex. which produces about 10 per- on earth. In 1868 while observing a solar search. I find that most Americans be- cent of the nation’s helium. (The rest is pro- eclipse, a French astronomer, Pierre lieve that it is simply used to fill bal- duced by commercial gas companies: Praxair Janssen, detected lines in the sun’s light loons to be distributed at parties or Inc. of Danbury, Conn; the BOC Group, a spectrum that did not match those of any other festivities. British company with American head- known element. The presumed new element I want to point out it is extremely quarters in Murray Hill, N.J.; Air Products was dubbed helium after the Greek word for and Chemicals Inc. of Allentown, Pa., and sun: hellos. In 1885, helium was discovered to important that we maintain a reserve the Exxon Corporation are among the main exit on earth as well. Helium is now known of helium for use in scientific research. producers.) In his State of the Union address to be the second most abundant element in It is the only element that can be used last year, President Clinton also proposed the universe, after hydrogen. But when it es- to come close to absolute zero in low April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4145 temperature work. It has some amaz- All of these and other uses of helium, to privatize the national helium re- ing superfluid properties which are still even the Federal Government’s own serve was then included in the larger being uncovered, and, all and all, it is uses at NASA and the Department of Balanced Budget Act that was vetoed a vital component of our research pro- Defense, are high-technology, and are by President Clinton. This time we are gram in the United States. examples of just how important it is to wisely passing the bill all by itself be- I do not rise to oppose the bill. I sim- us today, as it was not in the 1920’s cause it is, I think, enormously popular ply want to state my main objective when this program was started, to con- on both the Democrat and Republican here is to ensure that we continue to serve all of the helium that we can. sides after many, many years of hard have an adequate supply of helium for We cannot forget that we manufac- work to get it that far. the future, particularly so that our ture helium as a byproduct of natural I want to thank my colleague, the children and grandchildren will be able gas. When we produce that natural gas, gentleman from Hawaii [Mr. ABER- to carry on this important research. it is important that the cost of extract- CROMBIE] for his work in helping us I believe this bill has sufficient provi- ing the helium is not such that we can- move this bill to the floor, as well as sions to ensure that the reserve will be not make it economic to do so. We do my colleague from California, who is, maintained in some fashion, but I want not want to vent the helium into the as chairman, responsible for bringing to assure the entire Congress that it is atmosphere. this bill directly to the floor. very important we keep an eye on this So this bill achieves that conserva- I would also like to thank my col- in the future and continue to maintain tion objective by actually making it league, the gentleman from Massachu- a reserve, whether it be in private more likely people will invest their setts, BARNEY FRANK, who spoke ear- hands or Federal hands. funds, private funds, into recovering lier on this legislation. He and I coau- Mr. ABERCROMBIE. Mr. Speaker, I helium at the wellhead. thored it in not only the current Con- yield myself such time as I may Selling helium below the cost of ex- gress but past Congresses. It has been consume. traction, which is what we would be many, many years that we have been Mr. Speaker, the gentleman from doing without the formula in this bill, working on this bill. Texas has made a good point concern- is obviously antithetical to the goal of I am also grateful to my colleague ing whether or not in terminating the conservation. So what the bill says is from Nevada, Congresswoman, BAR- program there will be genuine competi- that the $1.4 billion debt to taxpayers BARA VUCANOVICH, a member of the tion take place or whether there will must be recovered through the sale of House Republican leadership; to the be privatization under circumstances, the 34 billion cubic feet of helium that gentleman from Alaska, chairman DON to wit, a formula that inhibits com- we now have stored underground in YOUNG; and to the gentleman from petition. Texas. Ohio, Congressman FRANK CREMEANS, At the same time, there are ques- Mr. ABERCROMBIE. Mr. Speaker, who along with the gentleman from tions with respect to conservation and reclaiming my time, I do not think California, KEN CALVERT, who we just the interests of the Nation with respect that we would resolve that particular heard speak on this bill, they in par- to the helium reserve. My own inclina- dispute today. Suffice to say that Mr. ticular have worked tirelessly on this tion is to be sympathetic to the gen- THORNBERRY has raised the issue as to legislation in the Committee on Re- tleman from Texas’ commentary. How- whether the formula is so exact in this sources, to make sure that what may ever, I realize that the gentleman, who bill that it needs no further consider- now look very easy and completely has been in the forefront of bringing ation, and I think his contention is agreeable to almost all sides could ac- this legislation to the floor, may have that it should receive at least another tually happen. another view or perhaps an additional good look before it passes into a final I would also like to thank Chris observation to make with respect to form to be presented to the President Kearney, Bill Condit, and Sharla the conservation aspect. for signature. Bickley of the Committee on Re- Mr. COX of California. Mr. Speaker, b sources’ staff who have done yeomen’s will the gentleman yield? 1530 work on this issue and whose efforts Mr. ABERCROMBIE. I yield to the I think that, at a minimum, we de- deserve recognition. gentleman from California. serve at least another look and I think To recap. The helium program was Mr. COX of California. Mr. Speaker, I that that opportunity exists in the begun in the 1920’s for a good reason. thank the gentleman for yielding to other body. At the time there was no private indus- me. I also appreciate the opportunity Mr. CALVERT. Mr. Speaker, I re- try of helium production but there was to address the very good points that serve the balance of my time. a national security need to field a fleet have been raised. While Dave Berry has Mr. ABERCROMBIE. Mr. Speaker, of blimps in time of war. Fixed wing made fun of the National Helium Re- with respect to that, I want to thank and rotary wing aircraft have now re- serve, and while P.J. O’Rourke called it the gentleman from California [Mr. placed the blimp in our national de- a program that is amazingly stupid, CALVERT] for his usual courtesy and fense and, as I mentioned earlier, it is even by Government standards, and kind attention toward our efforts in now the high-tech commercial and sci- while most people when they think of the minority, and I thank the gen- entific uses for helium that dominate. helium think of party balloons, the tleman from California [Mr. COX] for Today, because of all of those com- truth is that there is a very real and his remarks today. mercial uses, there is a thriving com- important high-tech application for he- Mr. Speaker, I yield back the balance mercial industry in helium that sup- lium. of my time. plies 90 percent of the world’s needs It is irreplaceable in many high-tech Mr. CALVERT. Mr. Speaker, I want from right here in the good old USA. applications, and it is very important to thank the gentleman from Hawaii There is no reason whatever that the to our high-tech economy that we do for his courtesy through all of this de- Government of the United States our utmost to conserve what is a very bate. should uniquely supply its own needs of finite and limited resource. Mr. Speaker, I yield the balance of this commodity when it does not for Every time you make a long distance my time to the gentleman from Cali- any other, even strategic metals and phone call, you are using helium, be- fornia [Mr. COX] who has really fought commodities and resources. cause the fiberoptics that carry your this battle to end the helium program So this bill will do two things. It voice are manufactured with its aid. If once and for all, and hopefully, this will, first, sell off and liquidate those you ever had an MRI, you know of the time, will succeed. physical assets of the Government fa- uses of helium in superconducting, be- (Mr. COX of California asked and was cility in Texas; privatize them, if you cause it is the cryogenic properties of given permission to revise and extend will, immediately; and, second, over a liquid helium that make possible the his remarks). 19-year period, sell off the 34 billion high magnetic fields used in magnetic Mr. COX of California. Mr. Speaker, cubic feet of stored underground he- resonance imaging. Deep sea divers do we have actually passed this bill al- lium, not for immediate use, for con- not get the bends because of develop- ready once in the House and in the tinued conservation and eventual sale ments in oxygen and helium mixtures. Senate. Unfortunately the legislation over who knows how many decades or H4146 CONGRESSIONAL RECORD — HOUSE April 30, 1996 perhaps centuries, to the private indus- lium conservation, I was appalled by the purely illusory, any transfer of funds from try. So that, privately, suppliers will CoAPS statement. The fear of complete loss one government agency to another neither then own that helium. of helium in 20 to 25 years is understandable, reduces the national debt nor increases the But keep in mind, for those of us who but it is somewhat naive. It indicates a seri- deficit by a single penny’’. ous lack of understanding of events of the Also at odds with the facts is the assertion are physicists, not I, but certainly the past fifteen years that have led Congress to that, ‘‘the helium issue is muddled by claims gentleman who spoke before me, keep undertake its first effective revision of the that the sale is required to pay off the $1.4 in mind the law, the fundamental law Helium Act of 1960. Billion debt’’. CoAPS has fallen for the bu- of the conservation of matter. Just be- I am writing you in hopes that you and reaucrats’ sham that the debt is internal to cause we change title, just because we your colleagues will reconsider your position the government and has no intrinsic mean- change ownership from the Federal and recognize the helium reform provision of ing. In fact, money to acquire helium for the Budget Reconciliation Bill as a step to- government storage was borrowed from Government to private hands does not ward optimum use of helium. It is important mean that the helium will not still be world money markets by the Treasury. The that you and other scientists realize that 1960 Congress intended, and the Helium Act there. It will be there. In fact, more of this legislation promotes use of otherwise stated, that government helium was to be it will be there because of the incen- wasting helium sources and does not threat- priced to repay borrowed funds, including en premature use of the government owned tives for increased helium recovery a compound interest. This was done to insure stored helium. It was arrived at with full the wellhead created by this legisla- that stored helium would be priced high knowledge of the importance of a wide vari- enough to avoid interference with helium ex- tion. ety of helium dependent technologies for tracted from current natural gas production. The Helium Privatization Act of 1996 science as well as the general welfare. will do a few more things that we can My credentials on this subject are these: I ANTI-CONSERVATION POLICY all applaud. It will require the produc- was Linde’s principal investigator in its 1951 In spite of this clear directive, the Bureau tion of honest financial statements for discovery of alternate layer super-insula- helium management established a policy in this Government enterprise in the tions, created the basic design of all stand- 1979 in which the selling price would be held ard multi-shield vapor cooled liquid helium down so that as general inflation raised short run so that we know finally just dewars, and was chief architect of the sys- how much it is costing us. We know the prices charged by private producers, the Bu- tem of bulk liquid helium transport that now reau would sell below the market price. The operation is $1.4 billion in debt to the spans the globe. My baptism of fire in sup- managers claimed that as long as current taxpayers right now and loses tens of port of helium conservation was program costs were covered, it wasn’t necessary to millions each year because of that in- chairman of a technical session of the Bu- repay the purchase price and its associated terest burden that it has never been reau of Mines sponsored ‘‘Helium Centen- interest because the debt was simply a paper able to meet. But we do not know to a nial’’ of 1968. Along with Dr. Ed Hammel, I transaction between two government depart- wrote and spoke many times in support of ments. certainty what the operations cost; and helium conservation during the dark days of we shall, as a result of the passage of Pricing stored helium below the cost of ex- the 1970’s. traction from natural gas produced for its this bill. As an expert witness I participated in the fuel value is obviously contrary to conserva- decades long litigation regarding the value In addition, we will ensure that the tion. The present legislation language is an- of helium in natural gas and the rights of debt, that $1.4 billion debt to tax- other attempt to insure that stored helium payers, is recovered. That is the ulti- land owners and gas producers to a proper share of that value. I have continued my in- will command a price above the market for mate object of this legislation. The terest in conservation through my retire- current extraction. The legislation places taxpayers hold the mortgage on the ment years, attending hearings and giving emphasis on retiring the debt because that is debt and now, by relying on the secu- advice to interested parties as the present what motivates those interested in reducing rity of the underground stored helium, legislation developed. I remain involved in the deficit. Simply to state that helium from the taxpayers will get their money helium supply problems as a consultant to storage must be priced above the market the United States Antarctic Program, re- from current extraction doesn’t win votes at back. this time. The ultimate effect will be the Mr. Speaker, in conclusion, I am de- garding liquid helium supply to Astrophysics at the South Pole. I am scheduled to make same, as long as the price is right. lighted that the leadership of this Con- my seventh trip there next week. COST OF SAVING MORE HELIUM WOULD BE HIGH gress has made passage of the Helium The Background Paper, on which the CoAPS is correct in stating that the legis- Privatization Act a priority, and I urge CoAPS statement is based, contains many lation makes no provision for saving helium my colleagues on both sides of the aisle errors. The most critical of these is the that is now being wasted from currently pro- seemingly innocuous statement that, ‘‘Some to join with me and the bipartisan duced natural gas. However, the potential for 10% of the total U.S. helium extraction pres- leadership you have heard speak on significant additional helium recovery is ently is performed by the Bureau of Mines’’. much smaller, and the cost of that recovery this bill in supporting this important This is completely false, as is also, ‘‘the he- much larger, two to three times current measure. It is high time we finally re- lium stored in Cliffside (field) has remained tire this expensive waste of taxpayers’ approximately constant at 32 Bcf’’. In fact, costs, than implied by CoAPS statement. money. all of the helium purified by the Bureau The reason for this is that the favorable streams are already being produced. Each of Mr. Speaker, several weeks ago articles in since 1980 has come from the Cliffside stor- age field, and the government owned helium the original five conservation plants is ex- the New York Times and the Washington Post tracting as much helium as possible from the reported that concerns about U.R. 3008 had in the field has been drawn down by nearly five billion cubic feet (5 Bcf) in the process. gas available. In addition three new plants been raised by the American Physical Society. These actions have been the result of a bu- extracting from Hugoton field have come on In fact, APS has not taken a position on the reaucratic policy directly at odds with the stream since 1990. With all these plants ex- legislation. Moreover, the background paper letter and spirit of the 1960 Act. The intent tracting helium in 1994 the total U.S. output prepared by APS was premised on the mis- has been to ensure continuance of the bu- exceeded 4.1 Bcf, about 90% of the peak year taken notion that by ``privatization'' of the he- reaucrats’ own jobs. 1967, although the output of high helium con- LEGISLATION OBJECTIVE tent natural gas was less than 70% of the 1967 lium reserve, the bill meant immediate sale of rate. The remaining unprocessed streams The prime objective of the current legisla- the stockpile. That is obviously not the case. tend to be smaller, depleting faster, and re- tion is to eliminate the wasteful and unnec- To the contrary, many physicists (and APS moved from the existing infrastructure. members) have announced support for the bill. essary government helium refining activity. Private producers are able to provide this CONSUMPTION GROWTH IS SLOWING The following letter explains many of the prob- service with less than one fifth the personnel CoAPS warns that ‘‘present growth rate in lems with the original, now outdated, APS and at substantially lower cost. CoAPS says demand for helium is about 10% per year’’ statement: ‘‘there is no objection to this feature of the which projected would exhaust U.S. helium ARTHUR W. FRANCIS CONSULTING, Act’’. Yet for ten years the sweet voice of rich reserves in 21 years. Alternatively, even New York, NY, January 12, 1996. reason had not been able to move this deeply without increasing helium demand the loss American Physical Society, entrenched anti-conservation cabal. What of unextracted helium from natural gas fuel Washington, DC. has brought us to bi-partisan support of both demand would deplete U.S. gas fields in DEAR SIRS: This letter to each member of houses of Congress is right minded public about the same time frame. In fact, sales the Council of American Physical Society ridicule. The caricature of conservation so growth began to fade in 1990, and since 1992 (CoAPS) is sent out of concern for your 11/19/ presented has even moved the White House has leveled at 3.314 Bcf (Fy 1992), 3.313 (Fy 95 statement CONSERVATION OF HELIUM to support elimination of the Bureau of 93), and 3.280 for (Fy 1994). This abrupt halt and its background paper. As a cryogenic en- Mines refining operation. to the 10% growth rate has come from a com- gineer, business manager, and consultant for DEBT IS REAL bination of foreign production displacing 45 years in supply and use of helium, and a CoAPS also errs in stating that the so some U.S. exports and increased user effi- very early and continuous supporter of he- called debt incurred to purchase helium ‘‘is ciency. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4147 FOREIGN HELIUM SOURCES ARE SIGNIFICANT is so low that it would barely provide energy Kansas, Oklahoma, and Texas and the USBM CoAPS assert that ‘‘helium rich fields are for the processing plant. The Bureau of built a pipeline to carry its helium purchases to found only in the U.S. and to a small extent Mines has identified 85 billion cubic feet of the Cliffside Field. The Helium Act also re- helium in these non depleting sources, more in Canada’’, yet large scale foreign plants are quired that Federal agencies purchase their producing in Poland, Russia, and Algeria than half of this is already owned by the United States government. Extracting he- helium requirements from the USBM. To meet with total capacity exceeding one billion those requirements, the USBM constructed a cubic feet per year, about 25% of current lium as a primary rather than by-product U.S. capacity. Smaller plants have operated will be expensive. However, the concentra- helium purification facility near Amarillo, TX. A in Canada, Holland, France, China and India. tion is three orders of magnitude greater final objective of the Act was to foster the de- than in air, so it won’t require even 0.1% of velopment of a private helium industryÐpre- RELIQUEFACTION AND REPURIFICATION the nation’s energy consumption. This he- INCREASE USE EFFICIENCY sumably to allow the USBM to de-emphasize lium source may well be available into the or discontinue its helium program as soon as More important even than this large for- 22nd century. eign supply is the growing user concern for It is futile to make any more detailed pre- it could prudently do so. efficiency. Once through then out (OTTO) dictions for such distant future times. Near- By the time the Government terminated its use of purchased helium is being replaced by ly every prediction that far into the future is helium purchase agreements in 1973, the closed loops using reliquefiers and repuri- bound to fail because we cannot even sur- USBM had accumulated roughly 35 billion fiers. This allows application of helium de- mise what human society will be like in even cubic feet of helium. By most estimates, this pendent technology to expand without con- very gross measures. It is entirely fair to say represents a 100-year supply for U.S. Govern- suming more helium. Research in high tem- that the bleak picture presented by CoAPS is ment customers, and roughly nine times the unlikely, and that it is quite likely that suf- perature superconductivity shows promise of current annual worldwide demand. While the taking over much of today’s low temperature ficient helium to meet all reasonable needs superconducting applications. will be available as far into the future as Government stopped purchasing additional he- lium in 1973, the remainder of the Govern- HELIUM WILL BE PLENTIFUL LONGER anyone can foresee. I hope that you, as a member of CoAPS, ment's helium program, including operation of To sell the 1960 program, the Bureau of can be open minded to the information I its refining plant, management of the pipeline Mines predicted that helium could not be ex- have presented. If you now have doubts tracted from the Hugoton-Panhandle fields and storage system, and the sale of helium to about the CoAPS position, please consult Federal agencies has largely remained intact. beyond 1985. Yet ten years later production with your colleagues and advise the Physical remains at a high level and is now predicted Society membership to have confidence that Now, 23 years laterÐand 36 years after the to continue at least another ten to fifteen helium conservation is not in danger. If you Government's helium program was expanded, years. Natural gas has been produced from want still more information on this subject, it is long since time to re-examine the USBM these fields throughout the past seventy five please call me at 914–354–1908. My E-mail ad- helium program. A vibrant private sector he- years, yet nearly every year there are addi- dress is [email protected]. By the time you re- lium industry has emerged which now supplies tions to the remaining measured reserves ceive this letter, I will probably be on my over 90 percent of the world's total demand that tend to delay the eventual abandon- way to Antarctica. I am scheduled to return ment. The Bureau of Mines information cir- for helium. Additional capacity is available by February 19, 1996, and you can reach me which would enable private industry to easily cular ‘‘Helium Resources of the United then. If you have a compelling need to pick States, 1973’’ reported that 109.3 Bcf of he- my brains before then try an E-mail to one supply the entire demand, including the de- lium @ >0.3% concentration was contained in of my colleagues in Antarctica, Mr. Jesse mand presently supplied by the USBM. Given the fifty year old, depleting natural gas Alcorta. His E-mail address is the current emphasis on reinventing Govern- fields of Kansas, Oklahoma, and Texas. From [email protected]. ment, the USBM's helium programs seems to 1973 to 1987, these fields produced natural gas Very sincerely, provide an excellent opportunity to restructure containing 81.8 Bcf helium. However, in the ARTHUR FRANCIS. or discontinue a Government program that no 1987 circular, the Bureau reported that 73.4 Bcf remained in the proved reserves of those Mr. Speaker, consideration of this bill re- longer provides fair value to American tax- fields. There had been enough upward revi- quires some background. Let us begin with payers. sion of the proved gas reserves to add over 50 these questions. WHY IS HELIUM A VALUABLE RESOURCE? Bcf of contained helium >0.3%. Between 1987 WHY IS THE U.S. GOVERNMENT IN THE HELIUM When we hear helium the first thoughts that and 1989 gas production contained 9 Bcf he- BUSINESS? come to mind are of Macy's parade, Mother's lium, but reserve revisions added 11 Bcf. In Helium is a gas whose unique physical Day, and FTD's balloon bouquets. In actuality, the next two years gas production contained properties make it irreplaceable in many high helium touches us in our everyday lives. This 10 Bcf and revisions added 9 Bcf. As of 1991, technology applications. As Government rare element has unique properties that have the latest available publication in this se- space exploration and defense programs ex- ries, these old fields, after producing about allowed us to improve our quality of life. 102 Bcf, still held about 80 Bcf of proved re- panded during the 1950's, Government sci- Every time you place a long distance call, serves for future use. Further additions are entists became convinced that demand for he- you can be assured helium was used in the still possible, even probable. The resource is lium would outgrow supply. Natural gas was, manufacture of the fiber optic cables used to never the less finite, but the finite limit has and continues to be, the only economic source transmit your voice. Advances in medical not yet been identified. of helium and few natural gas streams con- diagnostics have been accomplished through ALL GAS FROM LARGEST RESERVES IS tained a high enough concentration of helium MRI units that achieve their high magnetic PROCESSED FOR HELIUM to make extraction economically viable. If the fields from superconductivity made possible by Regarding helium loss in non-processed gas helium is not extracted when the natural gas the cryogenic properties of liquid helium. The it is important to recognize that all of the is produced, it is forever lost into the atmos- construction and fabrication industries use he- gas from the Riley Ridge field in Wyoming phere. The use-it-or-lose-it dynamics of helium lium and helium mixes extensively in welding (proved reserves of about 120 Bcf) is proc- at the well-head lent a special sense of ur- and metal fabrication. Deep sea divers in the essed for helium extraction. This field, which gency to the perceived supply-demand imbal- offshore oil industry can be assured that they supplies about one third of current pure he- lium sales, is being produced at a rate of ance. will not be crippled from the bends with the only one per cent of its proved reserves per At congressional hearings held in 1960, development of helium/oxygen breathing year. It is unlikely that this production rate mining experts reported that nearly 4 billion mixes. will increase until the price of natural gas cubic feet of helium were being lost each These are but a few of the many applica- increases significantly. At current fuel yearÐabout 10 times the then current con- tions for which helium is used to improve our prices, it is not possible to obtain an accept- sumption. A valuable, nonrenewable resource lives. New applications are being developed able return on the huge investment required was apparently being wasted, threatening not only in high technology research such as to upgrade this low Btu gas to pipeline qual- shortages in future decades when demand for super computer chips, but low technology in- ity. It may be decades before fuel demand helium was expected to be much larger. dustries as well. Worldwide consumption of reaches price levels that will encourage new processing capacity. Riley Ridge is likely to Against this backdrop, Congress passed the helium increases on an average of 7±10 per- produce helium throughout most of the 21st Helium Act of 1960. This act funded a Govern- cent per year both from growth of current uses century. ment program to extract crude helium from and development of new applications. NONDEPLETING FIELDS CAN PROVIDE FOR VERY natural gas and store it in the Cliffside Field This natural resource which has contributed DISTANT FUTURE near Amarillo, TX. The Department of the Inte- much to our development as a technological Beyond this, it is possible that a signifi- rior's Bureau of Mines [USBM] entered into leader is not unlimited. The United States has cant helium supply could be obtained from 22-year purchase agreements with four natural been fortunate to be endowed with concentra- the proven gas fields that are not producing gas producers who built helium extraction fa- tions of this element in select natural gas at all. The hydrocarbon fuel value of this gas cilities in the Hugoton-Panhandle Field area of fields which have allowed for its exploitation. H4148 CONGRESSIONAL RECORD — HOUSE April 30, 1996 While helium is a non-renewable resource, helium, and a vigorous private sector could sales of helium at below market prices is produced only as a byproduct of natural pro- easily supply all Federal users at a competi- dumping a valuable and depleting commodity. duction, depletion of these reserves is inevi- tive price. The Cliffside Field is the only economically table. The Federal helium reserve and con- WHO USES THE HELIUM RESERVE? feasible storage capacity for crude heliumÐ50 servation system, which are discussed in- The 1960 Federal Helium Act has been suc- percent or greater helium, the remainder nitro- depth in another paper, play an important role cessful in storing for the U.S. Government 32 gen. The Federal helium reserve has held this in preserving our independence as a techno- billion cubic feet of crude heliumÐ50 percent crude helium since the 1960's. The Cliffside logical leader. This reserve serves as an im- or greater helium content, the remainder nitro- Field which contains the Federal helium re- portant insurance that we do not compromise genÐin a partially depleted natural gas field serve also serves private sector helium pro- our future for short-term fixes. The Federal re- near Amarillo, TX, called the Cliffside Field. A ducers as the only commercially storage site serve and conservation system were designed pipeline system is used to transport crude he- for private sector crude helium. A fee is paid to encourage maximum extraction of helium lium to storage. It is operated by the U.S. De- to the Bureau of Mines for use of the pipeline from currently produced natural gas thereby partment of the Interior, Bureau of Mines, and and storage capacity. ensuring the United States of a long term po- is also used by private industry to store any The natural gas from helium rich gas fields sition in the development of applications de- crude helium that is not required to meet mar- will continue to be produced as a fuel even if pendent on the unique properties of this ele- ket demand. Helium is being extracted by pri- the helium is not recovered. This helium will ment. vate industry plants from natural gas going to be lost forever. IS THE FEDERAL HELIUM OPERATION EFFICIENT? meet the energy demand of U.S. households Any sale of Government helium will displace The U.S. Bureau of Mines within the Depart- and industry. A portion of the private crude he- helium from current recovery or production ment of the Interior operates the Federal He- lium is being stored in the Cliffside Field under plants. Therefore, Government sales of refined lium Program. Federal helium operations con- USBM supervision. and/or crude helium to meet current demand sist of: First, a plant to refine crude helium; Does the U.S. Government need a crude are not needed, will be disruptive and will second, an underground storage facility to helium reserve? Worldwide helium demand waste helium by reducing its recovery from store crude helium, and third, a pipeline to from 1972 to 1992 had a growth rate of 9.3 helium bearing natural gas currently going to transport crude helium recovered from the percent per year and now exceeds 3 billion market. source gas fields to the storage facility. cubic feet per year. Although supply currently SHOULD CRUDE HELIUM BE SOLD ANYWAY, TO RAISE Private sector helium-refining facilities are exceeds demand current helium bearing natu- REVENUE? far more efficient than the Federal refinery. ral gas being produced for market will soon be This is a terrible idea. The Congressional The Federal refining plant employs at least 80 depleted. Conservative U.S. Government esti- Budget Office seemingly will not credit helium people, while a private facility of equivalent mates forecast that U.S. helium demand will sales for deficit reduction purposes. Moreover, production capacity employing only approxi- exceed supply between 2001 and 2004. The crude helium sales to raise cash now would mately 18 people can produce three times as real value of the 32 billion cubic feet will be its undermine the long term value of the reserve, much helium. This astonishing discrepancy in availability to the U.S. economy when the ex- because helium will continue to increase in productivity is attributed in part to the outdated tractable helium is not adequate to supply de- value. The fact is, helium sales into the private plant and equipment at the Federal facility. A mand. Although the U.S. Government's helium market cost more than they gain. recent study by the General Accounting Office reserve will be very valuable once U.S. re- CAN THE $1.4 BILLION HELIUM DEBT BE REPAID? concluded that the Federal refining facility is serves of helium-bearing natural gas are de- Back in 1960, Congress recognized that he- so outmoded that it would have only scrap pleted, the current market value of the crude lium was essential for such agencies as NASA value in the event of liquidation. helium reserve is far lower than some of the and the Atomic Energy Commission. It passed Federal revenue from the sale of refined he- estimates that have been quoted by various a law creating the Federal helium activity to lium falls far short of Federal costs of helium uninformed sources. It would be totally unreal- ensure helium supplies to Federal users. production. In the market place, price is the istic to expect to sell more than a small frac- Given that the nascent private helium industry most direct measure of efficiency. The current tion of the reserve for prices approaching cur- could not then be expected to meet Govern- Federal price for refined helium is now $55 rent market value. If the U.S. Government ment demand, Congress authorized the De- per MCF and generates revenue only suffi- were to attempt to dispose of the entire re- partment of Interior to borrow a quarter of a cient to cover operational costs and a slight serveÐnine times annual worldwide de- billion dollars to set itself up in the helium surplus. For instance, the Federal price does mandÐover a short period of time, it would re- business, which included creating a stockpile not include the cost of crude helium. The best alize only pennies on the dollar and severely or reserve. The Treasury Department handled estimate for assigning a unit value of the depress private industry prices for crude he- the borrowing. crude in the Federal reserve is to divide 32 lium. Any short-term sales of crude helium into Mindful that Government agencies need dis- BCFÐtotal Federal reserves of crudeÐinto a depressed market will be at the taxpayers cipline to return money to the taxpayers, Con- $1.4 billionÐtotal debtÐto arrive at an approx- expense. gress directed that the incurred debt be amor- imate cost of $40 MCF. If the cost of this free By 2005 the helium reserve will become tized and be paid in full by 1985. A final dead- crude were included, the Federal price would very valuableÐso valuable it will be consid- line of 1995 was mandated. Revenue to serv- be $95 per MCF, which is hardly competitive ered irreplaceable for the smooth functioning ice the debt would come from sales of helium. with the private sector. Crude helium is free to of our economy and then USBM sales will be Incredulously, some 36 years later not only the Bureau of Mines because the money bor- at prices consistent with the helium reserve's has the principal on the debt not been repaid rowed from the taxpayer to buy the crude was true value. but neither has any of the interest. This in- never repaid. CAN THE GOVERNMENT SELL CRUDE HELIUM WITHOUT debtedness has now accrued to $1.4 billion. The Bureau of Mines hides the inefficiency DISRUPTING THE PRIVATE HELIUM INDUSTRY? Some in the Government attest that this bil- of the refining operation by including unrelated The world market for refined helium is just lion dollar debt is not real. Since it is owned revenue. When private producers extract over 3 billion cubic feet per year. Private re- by one Government agency to another Gov- crude helium from Federal property, they pay finer/marketers of helium are fully capable of ernment agency it can be forgiven without ill a royalty to the Bureau of Mines of approxi- supplying this demand for the foreseeable fu- consequences. Yet, every week at the Treas- mately $5 million per year. This royalty income ture. In addition, new helium production and ury's auction of government securities this is unrelated to Federal helium operations, yet refining capacity is coming into service will debt is rolled over. It has been rolling over the Bureau of Mines uses the revenue stream provide an abundant supply to satisfy an esti- every week now since the sixtiesÐpiling up in- to subsidize its refining operation. mated growth in demand of 7±10 percent per terest accumulation. The Federal helium operation is the epitome year for the next 5 years. Can the taxpayers ever realistically expect of an inefficient, Federal program that contin- The Government refines helium from crude repayment of this debt? The answer is ``yes''. ues to exist despite the absence of current helium which is held in long-term storage and Had the Interior Department, U.S. Bureau of need. The Department of the Interior entered sells it on the market in competition with he- Mines, carried out Congress' mandate to am- into the helium business in 1960, when Fed- lium from current production. Selling crude he- ortize the debt, this question would not be eral helium requirements were projected to in- lium from the Federal helium reserve will cre- asked today. The Department, however, chose crease dramatically and no reliable sources of ate an oversupply of helium. An over supply of not to employ a rational pricing policy that helium were available in the private sector. helium will push prices down making further would have recovered this money. Instead of Today, the Federal Government's need con- investment to recover helium from current nat- slowly increasing the price of helium to keep stitutes only 10 percent of the total demand for ural gas production less likely. Government pace with inflation, it opted to simply freeze April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4149 the price to its customers. It stayed nearly fro- in many high technology applications, such as is no fiscal imperative to sell crude helium, be- zen for over 20 years! manufacturing fiber optic cable, enhancing cause the Congressional Budget Office has The Interior Department should initiate a re- magnetic resonance imaging [MRI] capability, advised that sales of crude helium from the re- alistic pricing structure sufficient to start amor- providing an environment for superconductiv- serve are asset sales and, therefore, provide tizing this debt. It may take another 30 years ity, and industrial welding and fabrication. For no revenue for deficit reduction. to pay it off, but at least taxpayers eventually most uses of helium, no substitute exists. He- How should the Federal helium activity be could be made whole. The worst thing the lium is a byproduct of the extraction of natural reformed? Unless Congress reforms the Fed- Government can do now is simply to forgive gas from certain helium-rich fields. If not cap- eral Helium Program, the Department of Inte- this debt. It would not only reward a bureauc- tured when the natural gas is extracted, the rior will continue to be the subject of criticism. racy for shunning a congressional mandate, helium will be vented and lost forever. Since a vigorous, competitive private sector but more importantly it would forever remove Why is the Federal Government in the he- helium industry now exists, the Federal Gov- the discipline the Department needs to avoid lium business? Congress passed the Helium ernment no longer needs to take an active wasting this scarce, valuable element. Act Amendments of 1960 to ensure that suffi- role in the business. For all of these reasons, Helium is wasted by selling it too cheaply. cient amounts of helium would be extracted Congress should enact H.R. 3008, which will: Cheap Government sales discourage gas pro- and refined to meet the Federal Government's first, require the Bureau of Mines to dis- ducers from extracting crude helium from cur- expanding needs for space and defense pro- continue the processing and sale of refined rent natural gas production. When it wishes to grams. Also, the act was enacted to foster the helium; second, preclude the sale of crude he- refine crude helium the Department simply creation of a competitive private industry, lium by the Bureau of Mines until current pro- pulls crude helium from its stockpile. Helium which was in its infancy in 1960. duction of helium no longer satisfies current refined from current gas production ensures Pursuant to this Act, the Bureau of Mines demand; and third, eventually repay the he- that it is priced to market value. within the Department of Interior now operates lium debt over two decades with revenue gen- WHY DOES THE FEDERAL HELIUM PROGRAM WANT TO the Federal Helium Program, which consists erated from the sale of crude helium, when UNDERCUT PRIVATE INDUSTRY? of: an underground facility to store crude he- There have been several proposals made to market circumstances merit its release. lium; a pipeline to transport the crude helium reform the Helium Program operated by the Mr. Speaker, I ask that the following letter of from the field to the storage facility and a plant Department of Interior's Bureau of Mines. support for H.R. 3008 be included at this point to refineÐpurifyÐcrude helium. The Federal Some of these proposals would enable the in the RECORD. refinery, which sells principally to Federal cus- USBM to use the crude helium purchased and NATIONAL TAXPAYERS UNION, tomers, provides 10 percent of the refined he- stored with tax-payer dollars as a free feed April 29, 1996. Hon. CHRISTOPHER COX, stock for their helium plant. The refined helium lium in the U.S. market. Is the Federal Helium Program efficient? U.S. House of Representatives, that the Government produces from this free The Federal helium operation is the epitome Washington, DC. feed stock could then be sold at prices below of an inefficient Federal program that contin- DEAR REPRESENTATIVE COX: The 300,000- those charged by the industry, which does not ues despite the absence of a current need. member National Taxpayers Union strongly have access to a free feed stock. Current pro- supports your legislation, H.R. 3008, the He- For example, the Federal refinery employs at posals to forgive the helium fund debt would lium Privatization Act. least 80 people, while a typical private facility free the USBM to greatly increase their sales Passage of the Helium Privatization Act is into the private sector. can produce at least three times as much he- long overdue. For several years now, the Na- Sales of USBM helium into the private sec- lium with no more than 18 people. Moreover, tional Helium Reserve has served as one of net receipts from the sale of helium to Federal the most glaring examples of our govern- tor enable the USBM to spread their high op- ment’s inability to rid itself of obsolete, low- erating and administration costs over a larger users, are vastly overstated because the Fed- eral refinery does not include the cost of crude priority spending programs. This stark sym- volume. This, coupled with the free feed stock bolism seems to have no end, as the New discussed above, helps hide the inefficiency of helium in its price for refined helium. York Times reported that the Reserve was op- their operation. As Federal research and de- Who needs the helium reserve? The Fed- erating even during last year’s federal shut- fense budgets have been reduced, the de- eral Government owns approximately 32 bil- down, when thousands of other federal em- mand by Government agencies for helium has lion cubic feet of crude helium, which is cur- ployees were classified as ‘‘non-essential.’’ declined. This has left the USBM with a need rently stored in the underground facility. These Conceived in 1925 to prepare for an out- to increase their sales of helium into the pri- reserves represent an investment that will pay break of blimp warfare, the National Helium dividends when current demand for helium ex- Reserve certainly fits the description ‘‘non- vate sector in order to keep their inefficiency essential.’’ Today the program costs tax- from pricing them out of the business entirely. ceeds current supply. U.S. production capacity may well be insufficient to meet demand as payers millions per year to staff and main- No consideration is given to the fact that such tain, plus millions more due to mandated sales disrupt the normal function of the private early as the year 2001. purchases by government agencies at in- helium market and result in the waste of he- Can the $1.4 billion helium debt be repaid? flated prices. Any proceeds from helium lium, and lost or reduced income tax and roy- Congress originally authorized the Interior De- sales to outside customers must be weighed alty payments to the Federal Government. partment to borrow up to $250 million to enter against the costs of the $1.4 billion in debt The USBM's stated policy has been to dis- the helium business and stockpile crude he- the agency has incurred during its existence. courage the sale of Federal helium into the lium. The Bureau of Mines' sales of refined Meanwhile, private helium producers have created an adequate and efficient market private sector, which according to their Annual helium were supposed to generate sufficient revenue to return this money to the Treasury, that could easily sustain the needs of both Reports to Congress have been very limited. government and industry for the foreseeable However, the DOI Inspector General reported but the outstanding principal and interest now future in the absence of a federal program. that during the period from 1989 through 1990 amount to approximately $1.4 billion. By pric- Your legislation resists simplistic, head- when the USBM reported sales of only 2 mil- ing helium to account for the debt, the Bureau line-grabbing approaches by providing a ra- lion standard cubic feet of helium, 0.3 percent of Mines could repay the debt over several tional, methodical timetable for privatiza- of their total sales, into the private sector, it years and ensure that any helium sold will tion of the National Helium Reserve. The bill actually sold 146 million standard cubic feet, yield the highest possible return to the tax- will ensure a smooth transition to an all-pri- 20 percent of their total sales. Their regula- payer. vate helium market system as well as save taxpayers $9 million annually. The Reserve’s tions required a surcharge on sales to private Can the Federal Government sell crude he- lium without disrupting the private helium in- refining and marketing activities would customers, which was almost never collected. cease, and its stocks would be liquidated so This problem largely disappeared in 1991 dustry? The potential adverse affects of selling as to provide the best return for taxpayers when the Director of the USBM increased the too much Federal crude helium are significant. who have continued to fund this boondoggle. USBM helium price and removed the incentive Government sales will depress private produc- The nation’s taxpayers expect and deserve to divert helium intended for Federal use to tion of helium, because less helium will be a visible commitment from their elected of- private use. Now, the USBM is proposing to captured from current gas production. This will ficials to reduce wasteful spending. If Con- reduce their price and this diversion of helium mean more private needs being met by Gov- gress cannot muster the political will to into the private sector, whether officially en- ernment sales. As a result, some helium eliminate an obvious target such as the Na- tional Helium Reserve, its credibility on couraged or not, will return. would be lost forever. Any attempt to sell he- tough deficit reduction issues such as enti- WHAT IS THE LEGITIMATE ROLE FOR THE FEDERAL lium just to raise Federal revenue will likely re- tlement reform could suffer. Accordingly, GOVERNMENT CONCERNING HELIUM? sult in below market pricing due to excess National Taxpayers Union’s staff stands Why is helium a valuable resource? supply and, consequently, a poor return on the ready to assist your effort to privatize the Helium's unique physical properties are critical taxpayers' original investment. Moreover, there National Helium Reserve, and to that end we H4150 CONGRESSIONAL RECORD — HOUSE April 30, 1996 urge your colleagues to work for swift pas- millions of taxpayer dollars invested in this ernment. The principle consumption comes sage of H.R. 3008, the Helium Privatization operation. just before launch time when the external tank Act. The U.S. Chamber Federation of 215,000 must be purged before the liquid hydrogen businesses, 3,000 state and local chambers, Sincerely, fuel can be loaded. During flight, the hydrogen DAVID KEATING, and 1,200 trade and professional associations, Executive Vice President. and 76 American Chambers of Commerce is pressurized with a helium atmosphere to abroad respectfully requests your strong sup- force the liquid fuel to the turbines and the COUNCIL FOR CITIZENS AGAINST port and the expeditious adoption of H.R. three main propulsion engines. While this is GOVERNMENT WASTE, 3008. certainly the most high profile use at NASA, Washington, DC, April 29, 1996. Sincerely, several other space projects used liquid he- Hon. CHRIS COX, R. BRUCE JOSTEN. lium supplied by the Bureau for cooling detec- U.S. House of Representatives, tors, instruments, and entire satellites down to Washington, DC. Hon. C. CHRISTOPHER COX, ¥452 degrees F. Currently NASA requires 80 DEAR REPRESENTATIVE COX: On behalf of U.S. House of Representatives, railroad cars of helium for each shuttle launch the 600,000 members of the Council for Citi- Washington, DC. zens Against Government Waste (CCAGW), I DEAR CONGRESSMAN COX: President Clinton but it can only take it in gaseous form. No pri- am writing to endorse The Helium Privatiza- and both houses of Congress agree that shut- vate company can supply it in gaseous form, tion Act (H.R. 3008). This legislation not only ting down the federal helium operation is an so if H.R 3008 passes, NASA is going to have eliminates an archaic program, long overdue important reform necessary to reduce the to spend millions of dollars to accept the he- for extinction, but also eliminates a sizable size and scope of government and to help bal- lium as a liquid and then convert it to gas. debt already incurred by the program. ance the budget. The Department of Defense [DOD] is also The National Helium Reserve was created Helium conservation is still a worthy ob- very reliant upon helium. Bureau helium is in 1925 as a response to expectations that jective and the best way to achieve it is to dirigibles would be an important aspect of used by the Defense Nuclear Agency [DNA] in end this inefficient, wasteful federal program experiments which simulate nuclear explo- the military’s air might. With the rapid rise that inappropriately completes with the pri- of fixed wing aircraft, the need for dirigibles vate sector helium industry. sions. The Air Force is deploying an oper- was quickly eliminated. Sadly, the program We write to ask you to help move legisla- ational airborne antisatellite missile system was not. Over the past 70 years, government tion that will terminate the Interior Depart- with liquid helium in an aircraft before takeoff. agencies have been forced to buy helium at ment’s helium refinery and deal responsibly DOD has also awarded two competing $12 an inflated price, now costing taxpayers $25 with the crude helium stockpiled in the he- million contracts to develop a ground-based, million annually. The Reserve has also lium reserve. H.R. 3008 meets these objec- liquid-helium-cooled laser power system. The mounted a $1.4 billion debt and a 100-year tives and identical language has already Navy, too, is conducting research on the use stockpile. According to some experts, the been approved by both the House and Senate of airborne superconducting magnetometer to Reserve has enough helium to supply every as part of the budget reconciliation package. man, woman, and child in the country for detect submerged enemy submarines. Since budget reconciliation is problematic, The Department of Energy [DOE] awards the next 19 years. we now ask that you support H.R. 3008. The National Helium Reserve symbolizes Congress should approve this ‘‘good gov- and administers contracts with Government- exactly the type of bloated government bu- ernment’’ legislation that will help cut owned, contractor-operated [GOCO] national reaucracy that taxpayers want eliminated. waste and return to the taxpayers the tens of laboratories at Brookhaven, NY; Oak Ridge, This program has continued to survive, de- millions of dollars invested in the helium TN; Fermi and Argonne, IL; Los Alamos, NM, spite meeting no apparent need and costing program. and Berkely and Livermore, CA. DOE also the taxpayers far more money than buying American Gas Association, Citizens conducts defense-related research, develop- from private sources. Even worse, mis- Against Government Waste, Helium ment and production, primarily at Los Alamos, management has led to a sizable debt that Advisory Council, National Association Sandia, Livermore, Rocky Flats, and Pantex. now needs to be eliminated. H.R. 3008 would of Manufacturers, National Taxpayers do just that. Profits from asset sales would Helium also plays a role in protecting our Union, Americans for Tax Reform, borders. Helium-filled, radar platform blimps, be large enough to eliminate this debt, and Compressed Gas Association, Inc., taxpayers would no longer have to bear the Interstate Natural Gas Association of provide electronic surveillance of the southern burden of this unnecessary program. America, Natural Gas Supply Associa- border of the United States. The helium-filled The Helium Privatization Act is common- tion, U.S. Chamber of Commerce. inflatables float at 10,000 feet and provide sense legislation. Even more encouraging is round-the-clock coverage from Arizona to the the overwhelming bipartisan support that Mr. COMBEST. Mr. Speaker, the impor- tance of helium and the Government involve- Bahamas. this legislation has received. I applaud your The Bureau is currently supplying liquid he- efforts to privatize this program and urge all ment in helium conservation and production lium to several universities and medical facili- members of the House to support this meas- dates back to the passage of the Helium Act ties with Federal contracts who are conducting ure. CCAGW will consider this vote for its of 1925. The building and operation of a large- research on magnetic resonance imaging 1996 Congressional Ratings. scale helium extraction and purification plant [MRI] to improve this technology. Sincerely, went into operation in 1929 in Amarillo, TX, THOMAS A. SCHATZ, The concern over shutting down Govern- President. that until 1960, was the only domestic helium ment operations under H.R. 3008 has prompt- producer. ed a warning from the American Physical So- CHAMBER OF COMMERCE, In 1960, Congress amended the Helium Act ciety that, ``Any helium that is not extracted UNITED STATES OF AMERICA, to provide incentives for stripping natural gas will be lost forever as the natural gas is April 24, 1996. of its helium, for purchase of the separated burned. Some incentive or requirement to Hon. CHRISTOPHER COX, helium by the Government, and for its long- store it must be in place.'' U.S. House of Representatives, term storage. With now close to 34.25 billion Washington, DC. All of the Federal agencies combined pur- DEAR REPRESENTATIVE COX: The U.S. cubic feet of helium in Government storage chase about $20 million per year of helium Chamber Federation believes it is time to and a large private-sector helium recovery in- from the Bureau. This is a small part of their shut down the federal helium program. dustry, some have asked whether or not the budgets for research, development, and oper- The federal helium program was created Federal Government should have a role in the ation of these Government activities. The he- over sixty years ago when it was thought our helium business. lium operations have supplied quality service national defense would depend on blimps and While interest in helium began with World to the programs so vital to the national de- dirigibles. Those days are long past but this War I when its military value as an inert lifting program is still in business. Even though the fense, general welfare, and security to the Na- private sector is capable of fulfilling our he- gas was recognized by the Army and Navy, its tion. The helium operations provide their prod- lium needs, currently producing over 90 per- current uses have far surpassed what many uct for numerous state-of-the-art projects that cent of U.S. supplies, federal agencies are re- could have imagined. Helium now plays a vital are a far cry from the World War I dirigibles quired to purchase helium from the federal role in the National Aeronautics and Space that opponents claim as its only means for ex- program which has generated a $1.4 billion Administration [NASA] Space Shuttle program istence. Incidentally, the helium operations in debt. as well as one of the most important materials Amarillo began in 1929, several years after Our fiscal budget situation demands the in modern science. These are but a few of the World War I. elimination of this wasteful and inefficient program. H.R. 3008 would terminate the De- current modern-day uses of helium that many The Helium Program does not receive Fed- partment of the Interior’s helium refining of the opponents of the helium operations eral appropriations. The program operates on program. It would responsibly dispense with have failed to mention. the revenues of returning between $7 to $10 the crude helium stockpile without disrupt- The Space Shuttle uses more helium than million per year to the Treasury, even after op- ing the market and provide a return on the any other single program in the Federal Gov- erating expenses. Since 1990, the Bureau of April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4151 Mines has made debt repayments totaling This was a good first step toward a bal- tion offered by the gentleman from more than $40 million. anced budget. Now, we must maintain this California [Mr. CALVERT] that the A General Accounting Office study in 1992 momentum by taking more steps. For in- House suspend the rules and pass the recommended that the helium debt be can- stance, we must get the Government out of bill, H.R. 3008. celed since it was characterized as a book- the money-draining helium production busi- The question was taken. keeping transaction between two Federal ness. This will save taxpayers nearly $9 mil- Mr. THORNBERRY. Mr. Speaker, on agencies, with no impact on the deficit or na- lion annuallyÐmoney badly needed in far that I demand the yeas and nays. tional debt. more vital areas of our economy. I urge a The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Mr. Speaker, I hope that my comments will ``yes'' vote on H.R. 3008. give my colleagues a better understanding of Mr. COMBEST. Mr. Speaker, I know of no ant to clause 5 of rule I and the Chair’s Federal involvement in helium. The national other Federal program more maligned and prior announcement, further proceed- media and others have both maligned and misunderstood that the Department of Interior, ings on this motion will be postponed. misunderstood this program. I have urged my Bureau of Mines, helium operations. Many of f colleagues to vote ``no'' on H.R. 3008 so that my colleagues have piled on board to elimi- GENERAL LEAVE true reform of the helium program may be- nate the program. They've heard the clever Mr. CALVERT. Mr. Speaker, I ask come a reality. Sadly, H.R. 3008 will actually talking points about German zeppelins and toy unanimous consent that all members prevent speedy privatization of the helium op- balloons. Although I know I am in the minority may have 5 legislative days within erations and prohibit the sale of excess he- on this issue, I hope to set the record straight which to revise and extend their re- lium. on a few essential points. marks and include extraneous material Mr. BEREUTER. Mr. Speaker, this Member The Federal helium operation is actually one on the various bills considered today. rises in strong support of H.R. 3008, the He- of the few Federal programs that has done The SPEAKER pro tempore. Is there lium Privatization Act of 1996. This legislation what it was intended to do. Going from a time objection to the request of the gen- represents a small but important step toward when there was no helium produced by the tleman from California? a more commonsense approach toward devel- private sector, the Helium Act has been tre- There was no objection. oping the proper role of the Federal Govern- mendously successful in helping to develop f ment. private sector production and a strategic re- The Federal Helium Program is clearly an serve for helium. RECESS anachronism which deserves elimination. I hope my colleagues and the folks out The SPEAKER pro tempore. Pursu- While it may have served a purpose during there listening to this debate will reflect on 67 ant to clause 12 of rule I, the House the first part of this century, the justification for years of dedicated, quality service given this will stand in recess until 5 p.m. the Federal Helium Program has certainly run country by those who took on a mission in Accordingly (at 3 o’clock and 36 min- out of gas. 1929. My colleagues who mention the cost to utes p.m.), the House stood in recess This Member has long recognized the need taxpayers for this program are speaking of the until 5 p.m. to eliminate this wasteful and nonessential accumulated interest costsÐnot the annual f governmental program. In 1993, this Member cost, which is a net positive gain to the U.S. b 1704 wrote to the President suggesting spending Treasury of $10 million last year alone. cuts which would help reduce the Federal defi- A legitimate debate has taken place regard- AFTER RECESS cit. This list included a proposal to sell the na- ing whether or not the Federal Government The recess having expired, the House tional helium reserves as a way to save tax- should be in the helium business. Regardless was called to order by the Speaker pro payer dollars. This Member also cosponsored of your view, this bill, H.R. 3008, is not the tempore (Mr. GOODLATTE) at 5 o’clock helium privatization legislation introduced by best answer. Here's why: This measure effec- and 4 minutes p.m. the distinguished gentleman from California tively prevents private purchase of the helium f [Mr. COX] in this Congress as well as the pre- reserves and refinery. It attempts to recoup vious Congress. the Government's investment with a formula FOREIGN RELATIONS AUTHORIZA- The healthy private helium industry offers selling off 100 years worth of helium. But it will TION ACT, FISCAL YEARS 1996 strong evidence that the Federal Government do so at a price still higher than what its pri- AND 1997—VETO MESSAGE FROM should get out of the business. The private vate competitors sell at market. THE PRESIDENT OF THE UNITED sector currently provides more than 90 percent The bill is designedÐplain and simpleÐto STATES of the Nation's helium needs. In fact, as a re- repay the debt and interest on a loan that was The SPEAKER pro tempore. The un- sult of the efficiency of the private helium in- made between two Federal agencies. But also finished business is the further consid- dustry, the United States now produces eight just as plain and simple, this bill will not pri- eration of the veto message of the times more helium than the rest of the coun- vatize the helium operations. All of that excess President of the United States on the tries combined. It is unnecessary and im- helium will remain unsold. bill (H.R. 1561) to consolidate the for- proper for the Federal Government to retain its However, there is a better, more balanced eign affairs agencies of the United current monopoly on the sale of helium to approach: It was offered by another one of our States; to authorize appropriations for Federal agencies. colleagues, MAC THORNBERRY, during the the Departments of State and related H.R. 3008 offers an effective approach to- budget debate over this legislation in the Re- agencies for fiscal years 1996 and 1997; ward the privatization of the Federal Helium sources Committee. His amendment would to responsibly reduce the authoriza- Program. This legislation will save taxpayers have allowed some helium to be sold at mar- tions of appropriations for United money by ending the production, refining, and ket price, as long as it did not disrupt the mar- States foreign assistance programs for marketing at the Federal helium facility in ket. Adequate helium stockpile would remain fiscal years 1996 and 1997, and for other Texas. It will also require the sale of the Fed- for national security needs, while ensuring the purposes. eral Helium Program's production facilities and taxpayer a sufficient return on their invest- The question is, will the House, on other equipment and privatize the current he- ment. It would have canceled the bookkeeping reconsideration, pass the bill, the ob- lium stockpile. The proceeds from these asset debt between two Federal agencies. This jections of the President to the con- sales will then be applied toward the pro- commonsense substitute is nowhere in today's trary notwithstanding. gram's massive debt to the taxpayers. bill. The inclusion of this language into H.R. The gentleman from New York [Mr. Mr. Speaker, this Member urges his col- 3008 would have made this measure a better GILMAN] is recognized for 1 hour. leagues to vote for H.R. 3008, the Helium Pri- investment for taxpayers. Without a balanced, Mr. GILMAN. Mr. Speaker, for pur- vatization Act of 1996. It's commonsense leg- commonsense approach, I cannot support poses of debate only, I yield 30 minutes islation which will benefit private business and H.R. 3008. I urge my colleagues to vote ``no'' to the gentleman from Indiana [Mr. the American taxpayers. so that true reform of the helium program may HAMILTON], pending which I yield my- Mr. HORN. Mr. Speaker, the recently become a reality. self such time as I may consume. Mr. passed omnibus appropriations bill was a his- Mr. CALVERT. Mr. Speaker, I thank Speaker, during this debate, all time toric achievement. With it, Congress signifi- the gentleman, and with that, I yield yielded is for purposes of debate only. cantly reduced the Washington bureaucracy. back the balance of my time. GENERAL LEAVE Nearly 200 outdated Federal programs were The SPEAKER pro tempore (Mr. Mr. GILMAN. Mr. Speaker, I ask eliminated. CLINGER). The question is on the mo- unanimous consent that all Members H4152 CONGRESSIONAL RECORD — HOUSE April 30, 1996 may have 5 legislative days within on POW’s/MIA’s, backs our allies on This bill also includes numerous pol- which to revise and extend their re- Taiwan, helps protect Chinese women icy provisions that tie the President’s marks on the veto message on H.R. fleeing coercive abortion policies, in- hands in the conduct of foreign policy. 1561. cludes the Humanitarian Corridors Act I will mention just three of the more The SPEAKER pro tempore. Is there to help Armenia, and fully funds serious problems in this area. objection to the request of the gen- antinarcotic and Peace Corps activi- It amends the Taiwan Relations Act tleman from New York? ties. in a way that undermines longstanding There was no objection. I want to make a special note regard- United States policy on China, includ- Mr. GILMAN. Mr. Speaker, despite ing Father Sean McManus. No one has ing the 1982 joint communique. The the President’s State of the Union fought harder against discrimination management of relations with China is promise to ‘‘end the era of big govern- in Northern Ireland. Father Sean sin- one of the central challenges of United ment’’, on Friday, April 12, President gle-handedly brought the MacBride fair States foreign policy. The administra- Clinton vetoed H.R. 1561, the Foreign employment principles to the edge of tion right now is working to reduce Relations Authorization Act. This enactment. I am greatly disturbed to tensions between China and Taiwan. compromise bill delivered on the Presi- see an apparent White House effort or- This provision if enacted would com- dent’s pledge to reduce the size of Gov- chestrated to discredit Father Sean plicate, not facilitate, that task. ernment through a flexible reorganiza- and his work, so as to divert attention It unduly restricts the President’s tion of the international affairs agen- away from another flip flop of a cam- ability to normalize relations with cies. It was, regrettably, rejected by paign pledge. I am ashamed of their ac- Vietnam, which could set back the administration as unacceptably re- tions and opposition to the cause of progress that has been made on the strictive. fair employment for all in Northern POW–MIA issue. I am stunned by this assessment. In- Ireland. It limits United States participation stead of working with the Inter- This was a well considered bill, and in international organizations, includ- national Relations Committees to ful- reflects many of the interests and con- ing the United Nations. A provision re- fill the mutual goals of reforming our cerns of the administration. Over 20 stricting intelligence sharing with the international operations, the adminis- major organizations including Citizens United Nations infringes on the Presi- tration remained mute and unwilling Against Government Waste and the dent’s power to conduct diplomacy. to find a bipartisan approach. American Legion support provisions in These provisions would also make it The administration’s attempts to re- this bill. difficult, if not impossible, to pursue Therefore, I urge you to support the invent and reform Government, are efforts to reform the United Nations veto override motion to end waste, merely hollow platitudes, with little and reduce the assessed United States overlap, and duplication in our foreign creativity, or bipartisan support to share of the U.N. budget. affairs agencies. Let us seize this op- sustain them. This is a great dis- The funding levels set in this bill are portunity to make constructive appointment since we should be well on inadequate to conduct U.S. foreign pol- changes that will move us effectively our way to organizing our inter- icy and protect U.S. interests. Reduced into the next century. national relations for the next century. funding levels of U.S. missions overseas The only thing this administration has Mr. Speaker, I reserve the balance of my time. would limit our ability to promote reinvented are new excuses to maintain Mr. HAMILTON. Mr. Speaker, I yield arms control and nonproliferation, re- the status quo. myself such time as I may consume. form peacekeeping, streamline public Let me remind my colleagues that in Mr. Speaker, I strongly urge my col- diplomacy and promote sustainable de- January 1995, Secretary of State War- leagues to vote to sustain the Presi- velopment. ren Christopher proposed the idea to dent’s veto of H.R. 1561 and to vote no U.S. foreign policy is most effective President Clinton to consolidate the on the motion to override which will when it enjoys bipartisan support, and foreign affairs agencies that pro- ensue shortly. when the President and Congress work liferated during the cold war. He ar- H.R. 1561 is a flawed bill. It would un- together to advance U.S. interests. gued that consolidation would reduce dermine the foreign policy powers of H.R. 1561 has never enjoyed bipartisan duplication, cut the budget, and pro- the Presidency and force the adoption support, and does not appear to be vide a firm new direction to U.S. for- of policies that would harm U.S. na- based on the principle of cooperation eign policy in this century. Secretary tional interests. It does not give the between the branches. All but nine Christopher was right. His idea recog- President the funds he needs to con- Democrats opposed this conference re- nized that to meet a changed world, duct U.S. foreign policy and protect port when it was adopted in the House the institutions themselves need to be and promote U.S. interests. It man- on March 12, by a vote of 226–172. I urge changed. dates a far-reaching reorganization of my colleagues who voted against the The core missions of the Agency for the U.S. foreign policy apparatus that conference report to vote today to sus- International Development, the U.S. has no connection to the real problems tain the President’s veto. Information Agency, and the Arms of foreign policy. b 1715 Control and Disarmament Agency to In short, this bill, rather than revi- contain the spread of communism all talize U.S. foreign policy, as its spon- Mr. Speaker, I reserve the balance of dissipated with the fall of the Berlin sors suggest, would weaken the power my time. Wall. Regrettably, the President dis- of the President—any President—to Mr. GILMAN. Mr. Speaker, I yield 6 agreed with his own Secretary of State conduct foreign policy. If we allow this minutes to the distinguished gen- and chose to defend the bureaucracies. bill to become law we would be reduc- tleman from New Jersey [Mr. SMITH]. The Foreign Relations Authorization ing U.S. influence in the world. Mr. SMITH of New Jersey. Mr. Act was offered as the blueprint for the Let me mention several specific pro- Speaker, I thank my good friend for future, yet the President vetoed this visions. yielding me the time. bill. This bill interferes with the Presi- Let me just begin by expressing my Many of our colleagues in the House dent’s authority to organize the for- very sincere thanks for the great job and the Senate agreed with the need to eign affairs agencies. It mandates the that Chairman BEN GILMAN did in change the foreign affairs structure to elimination of at least one agency— sheparding this legislation through the meet the future. That support is well any agency—and severely reduces Congress, through both Houses, placed and appreciated. This legisla- budget levels at other agencies. Yet the through a very difficult markup in full tion reflects the interests of the Amer- proponents have never demonstrated committee, the divisive floor fight that ican public to reduce spending and zero the need for this reorganization. They we had. Regrettably it was divisive, in on the essential activities of our have never demonstrated how the con- and then a very difficult conference, international affairs agencies. It also duct of American foreign policy would and now we are trying to deal with an applies the MacBride fair employment be improved under this reorganization. override attempt, and hopefully that principles to Northern Ireland, links They have merely mandated that it will succeed. He did a very good job. He expansion of our embassy to progress occur. was very fair, and this legislation, I April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4153 think, is a very reasonable piece of leg- and I was also the prime sponsor of the making sure that those important free- islation that merits the support of my Humanitarian Aid Corridors Act be- dom broadcasts get up and running. colleagues. cause it is wrong, absolutely wrong for This is a good bill. I urge Members to Mr. Speaker, when President Clinton any country receiving American assist- vote to override the President’s veto on vetoed H.R. 1561, the Foreign Relations ance to keep United States humani- this important human rights legisla- Authorization Act of 1996 and 1997, he tarian assistance from reaching an- tion. gave a number of reasons. He said that other country; yet this is precisely Mr. Speaker, I include for the we were spending too little. He said it what is being done by Turkey, which RECORD, the following information: was somehow inappropriate for Con- has been blockading Armenia for sev- REFUGEE PROTECTION gress to require the executive branch eral years. The result? People die, chil- The refugee provisions of H.R. 1561 would to consolidate Federal agencies even dren and mothers and families get sick- prevent United States tax dollars from being though the legislation mirrored Sec- er because our medicines and our food- spent to return to Viet Nam and Laos thou- retary Christopher’s consolidation pro- stuffs never get to Armenia, and those sands of men and women who served side- posal. As a matter of fact, it was even that do get there get there in much by-side with American forces. less, far less than what actually Sec- lesser amounts. These provisions would also restore the retary Christopher wanted us to do. Then take, for example, the Reagan-Bush policy of protecting people who You might call it ‘‘Christopher light’’ MacBride principles, guaranteeing that can show that they are fleeing forced abortion in that regard. It would only consoli- U.S. assistance programs in Northern or forced sterilization, or that they have actu- date and get rid of one agency rather Ireland will only go toward projects ally been subjected to such measuresÐsuch than three. that do not engage in religious dis- as the women now being held in Bakersfield, The President said it was inappropri- crimination, which provide employ- California, most of them victims of forced abortion or forced sterilization, all of them ate to prohibit the expansion of our ment opportunities for members of the about to be forced back to the People's Re- Embassy in Hanoi until the Hanoi re- region’s Catholic minority. Here Mr. public of China. Mr. Chairman, this urgent hu- gime comes clean on POW’s and MIA’s. Clinton has done 180 degrees. He has manitarian provision has passed both the Mr. Speaker, I think the POW–MIA done a flip-flop. House and Senate by wide margins. The Ad- issue is one of the most important is- Members might recall that in April ministration recently announced that it sup- sues this Congress, this country could 1992, when asked about the MacBride ports this provision. And yet, tragically, Presi- ever face, and not to link those issues principles, then-candidate Clinton said: dent Clinton vetoed the bill that would have with an ongoing effort to resume full I like the principles; I believe in them. enacted it. diplomatic relations with Hanoi would He went on to say how strongly he sup- H.R. 1561 would also require periodic re- be a serious mistake. ports them. And yet in a letter that we ports to Congress on what Fidel Castro is Mr. Speaker, he objected to the pro- received from the White House dated doing to enforce his end of the Clinton-Castro vision of H.R. 1561 which states that April 11, Anthony Lake writes: The immigration deal of 1994, and on how people the Taiwan Relations Act supersedes President does not believe it would be are treated who are returned to Cuba pursuant the joint communiques with the Peo- useful to place conditions on the fund- to the second Clinton-Castro immigration deal ple’s Republic of China, even though ing we provide to the International of May 1995. And it would fill a gap in the law this is a simple and uncontroversial Fund for Ireland. by prohibiting the use of authorized funds to statement of law and fact. A law en- He is now against the MacBride prin- return people to places in which they are in acted by Congress and signed by the ciples. An election is coming up, so ex- clear danger of being subjected to torture. President does supersede an agreement pect another flip-flop right before the DEMOCRACY BUILDING AND FREEDOM SUPPORT entered into only by the executive to election on this one. The proof is in the Despite the need for cuts in international the extent that there is any conflict deed. The President vetoed the broadcasting and other public diplomacy pro- between the two. MacBride principles, Mr. Speaker, and grams, H.R. 1561 would hold harmless two of Then the President provided a laun- now we have a situation where the dis- our ``freedom broadcasting'' programs: Radio dry list, apparently generated by the crimination goes on unabated. Free Asia and Radio/TV Marti. The bill would State Department bureaucracies, of Mr. Speaker, I have so much to say also require that when cuts must be made, other provisions that they would prefer in so little time. On refugee protection they must not fall disproportionately on broad- not to have been in the bill. By discuss- we provided very, very important lan- casts to countries such as Iran and Iraq, ing these issues and only these issues, guage in this bill that protects the Vi- whose people do not enjoy freedom of infor- the President’s veto message managed etnamese boat people, people who mation within their own country. The bill also to obscure what H.R. 1561 is really all fought with us side-by-side, who this requires that Radio Free Asia commence its about. administration has in the past tried to broadcasts into China, Viet Nam, North Korea, Mr. Speaker, this bill is a human send back, joining with some in the Burma, and other countries whose people do rights bill. It is about the United international community. not fully enjoy freedom and democracy, within States vigorously pursuing a foreign Mr. Speaker, we would help those 6 months. And the bill would continue the au- policy which is internationalist, not people and we also, as the distin- thority for scholarship and exchange programs isolationist, which is driven by fairness guished gentleman from New York [Mr. for Burmese and Tibetan scholars who have and justice and not by diplomatic con- GILMAN], the chairman, pointed out, been forced into exile by the dictatorships that venience. Despite the need to cut would help those women who today currently exercise authority in these countries. spending and consolidate programs, languish in U.S. prisons. Their only Mr. Speaker, even if the President were H.R. 1561 as passed by the House and crime? They were victims of forced right to oppose some provisions of H.R. 1561, Senate manages to hold harmless or abortion. These women who appeared these human rights provisions were far more even enhance the most important pro- before my Subcommittee on Inter- important. Mr. Speaker, I ask my friends on grams and to enact important policy national Operations and Human Rights the other side of the aisle: Which is more es- provisions that will support freedom, came in in chains, Mr. Speaker. These sential to America's role in the world: Preserv- building democracy and save lives. women were almost 3 years in custody ing the federal bureaucracy in exactly the Mr. Speaker, even more important simply because they fled the tyranny same structure it happens to have now, or than spending levels are the foreign of the People’s Republic of China. helping to end pervasive discrimination against policy provisions themselves. The bill Mr. Speaker, this legislation rein- Catholics in Northern Ireland? Making the em- contains a number of important provi- states the Reagan-Bush policy of a bassy in Hanoi the biggest embassy it can sions that would require human rights well-founded fear of persecution being possibly be, or ending blockades against U.S. be at the centerpiece of our U.S. for- sufficient if they can prove that they humanitarian aid to Armenia and other coun- eign policy. For example, the Humani- have or are in fear of getting a forced tries? The sensibilities of the dictatorship in tarian Aid Corridors Act, section 1617 abortion. Beijing, the soldiers of Beijing, or the inter- of the bill, would limit assistance to Mr. Speaker, we have many, many nationally recognized human rights of torture countries that restrict the transport or other important provisions in here victims? delivery of U.S. humanitarian assist- dealing with broadcasting, protecting The President had a clear choice. He chose ance. I offered this language to the bill, Radio Marti and Radio Free Asia and to throw the baby out with the bath water. H4154 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Today we in CongressÐall of us, Republicans (Mr. RICHARDSON asked and was knowledge the very worthwhile efforts and Democrats, who are interested in a vigor- given permission to revise and extend by many internationalists on the other ous American foreign policy based on Amer- his remarks.) side. I think the President has the ican valuesÐhave a chance to correct the Mr. RICHARDSON. Mr. Speaker, main ability and right to conduct for- President's mistake. Let us override this veto there are some very good human rights eign policy. We are interfering in that. by an overwhelming bipartisan margin. provisions here, as my colleague from Mr. Speaker, I think the gentleman GOVERNOR CLINTON ON MACBRIDE PRINCIPLES New Jersey mentioned. The gentleman from Indiana has made some very via- AT IRISH FORUM, NEW YORK IN APRIL, 1992 from New York [Mr. GILMAN], is a very ble and positive statements about what I. QUESTION BY RAY O’HANLON, IRISH ECHO: IN good chairman of the Committee on our role as a Congress should be. We do EFFECT: IF ELECTED WOULD HE SUPPORT THE International Relations. have a role, of oversight, of war pow- MACBRIDE PRINCIPLES? This bill, nonetheless, still needs to ers. But when we get in and microman- Answer: ‘‘I like the principles. I Believe in be defeated. It has gone through a revi- age specific situations, I do not think them. I would encourage my successor to sion. It is better than it was when we it is in the best interest of this coun- embrace them. If, Lord forbid, I don’t get first were presented with it, but it still try. The President’s veto should be elected President, I’m going to have a legis- should be vetoed, principally because it upheld. lative session in 1993 and would look at that. infringes on the President’s right to As President I would encourage all the gov- Mr. GILMAN. Mr. Speaker, I yield 3 ernors to look and embrace them. I think it’s conduct foreign policy. It microman- minutes to the distinguished gen- a good idea. I like them very much.’’ ages foreign policy. It forces the con- tleman from Pennsylvania [Mr. GOOD- Follow-up question by O’Hanlon: In effect: solidation of agencies. It basically tells LING], a senior member of our Commit- One of the objections to the MacBride Prin- the President that he has to eliminate tee on International Relations. ciples is that they may discourage invest- agencies to conduct foreign policy. (Mr. GOODLING asked and was given ment, would you assure those in opposition Mr. Speaker, it also authorizes permission to revise and extend his re- that they have nothing to fear from spending levels that would force other marks.) MacBride. organizations in the international di- Answer: ‘‘Absolutely. I think that it’s a Mr. GOODLING. Mr. Speaker, I rise way to encourage investment because it’s a plomacy area to retreat. In other today to urge my colleagues to join me way to stabilize the political and economic words, we are retreating as inter- in voting to override the President’s climate in the work force by being free of nationalists through some of the veto of the conference report to H.R. discrimination. That argument is made spending provisions in this bill. Plus, 1561, the Foreign Relations Authoriza- against any principles in a country where the bill fails to provide necessary flexi- tion Act. there is discrimination. I just don’t buy that. bility for the administration to man- Mr. Speaker, H.R. 1561 makes several I don’t think that is a serious problem.’’ age all of these agencies that this bill reforms to our Nation’s foreign policy II. PRESIDENT BILL CLINTON MARCH 17TH 1993 AT is ordering virtually be dismantled. apparatus: Reducing bureaucracy and THE WHITE HOUSE ST. PATRICK’S DAY CERE- The bill also hurts in very key areas cutting waste, while preserving our MONY in the funding levels: Arms control and Asked by Conor O’Clery of the Irish Times ability to conduct the foreign affairs of nonproliferation, international peace- the Nation. That the President would if he still supported the MacBride Principles, keeping, international organizations, Mr. Clinton replied ‘‘YES I DO.’’ veto a bill which reduces duplication, public diplomacy, sustainable develop- cuts the budget, provides firm direc- Mr. Speaker, I include for the ment. What this is going to cause is a tion to our foreign policy is baffling to RECORD the letter to which I referred: severe reduction in force of highly me. You cannot say you support bal- THE WHITE HOUSE, skilled personnel at several of our for- ancing the budget and then veto pack- Washington, DC, April 11, 1996. eign affairs agencies. The Reverend SEAN MCMANUS, Mr. Speaker, the bill messes with our ages which would accomplish just that. President, Irish National Caucus, Inc., China policy. We do not need right now You cannot say you support eliminat- Washington, DC. ing bureaucracy and then veto a bill DEAR FATHER MCMANUS: Thank you for to get into China policy. Things are very delicate there. We do not need to which does just that. your letter about the legislation linking the However, the president’s veto of the MacBride Principles of fair employment to repudiate what President Nixon and bill did more than simply damage our funding for the International Fund for Ire- Secretary of State Kissinger, then Na- land. tional Security Adviser Kissinger, pre- efforts to cut bureaucracy. His veto As you know, the Administration supports ceded with in the Taiwan Relations also directly affects the lives of Chi- the goals of fair employment which the Act. What we have now is a new ven- nese detainees held for over 1,000 days MacBride Principles embody. The Adminis- in the York County jail in my district, tration also actively supports efforts to pro- ture, a new China policy, which is not in this bill what we should be doing at the very city where the Articles of mote trade and investment in Northern Ire- Confederation were written and signed, land and the border counties as the best way this moment. to underpin a lasting peace. The President Relations with Vietnam, this is a the very city which was the first cap- does not believe it would be useful to place very, very sticky issue. The last thing ital of the United States. What is their conditions on the funding we provide to the we want to do is deter and impede crime? Many of these men fled China in International Fund for Ireland, which has an progress on the POW-MIA issue. It is fear of China’s coercive abortion and excellent record of attention to and effec- coming. It is coming slowly. I do not sterilization policy. tiveness on fair employment issues. U.S. think we want to provoke a reaction It was mentioned that we cannot companies, with considerable experience in that is going to stymie any further interfere with our Chinese policy. What equal opportunity employment, are among progress. is our Chinese policy? I have tried to the best employers in Northern Ireland in speak to the President of the United terms of meeting the goals of fair employ- On participation in international or- ment. ganizations, Mr. Speaker, I am a mem- States on this issue for several months, The setting of the June 10 date for the be- ber of the Permanent Select Commit- and I only get to speak to the National ginning of comprehensive negotiations on tee on Intelligence. I think we have Security Adviser. When I spoke with the future of Northern Ireland marks a wa- some good safeguards right now that him, I said: I suppose this business has tershed in the peace process. In this critical deal with intelligence sharing with something to do with our Chinese pol- period, the Administration will continue to U.N. agencies. We do not need further icy. He said: Oh, no, it has nothing to work with the two governments and the par- do with our Chinese policy or he would ties to help them achieve a just and lasting micromanagement of this issue. settlement in Northern Ireland. I appreciate On housing guaranteed programs: know about it, and he did not know your support for our efforts. South Africa, Eastern Europe, some about it. Sincerely, very good country programs in these Had these individuals fled China for ANTHONY LAKE, nations. Section 111 would terminate the United States when the last two Assistant to the President for several of these programs, specifically Presidents were in office, they would National Security Affairs. as I said before, in South Africa and likely have been granted asylum in the Mr. HASTINGS of Florida. Mr. Eastern Europe. And family planning, United States. Under President Speaker, I yield 3 minutes to the dis- this bill is not a good bill. Reagan, then Bush, fear of repressive tinguished gentleman from New Mex- Mr. Speaker, I want to, despite the coercive population control policy, ico [Mr. RICHARDSON]. fact that this is not a good bill, ac- which China clearly employs, was April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4155 grounds for asylum. Under the Reagan- publicans could pretend to claim to fornia pointed out, I had misgivings Bush policy, these individuals would have reduced the size of the Federal about the consolidation taken as it was likely have been set free, and the Fed- Government without regard as to originally passed by the House, but we eral Government would not be paying whether or not their plan made sense worked with that. There was a spirit of over $1 million in taxpayers’ money and protected our national interests, compromise, a spirit of giving and tak- each year to keep them locked up. just like the cockamamie idea to abol- ing, and we got from a consolidation of Unfortunately, President Clinton ish the Commerce Department when it three agencies down to one, leaving the changed the policy when he took office took every single purpose of that De- option to the President of the United in the belief that fear of forced abor- partment and put it in some other part States to decide which agency would tion or sterilization does not merit of the Federal Government. go. It is my feeling that USIA would asylum in this country. H.R. 1561 would Mr. Speaker, their plan would have not go. It is made up of many more change the U.S. law back to the eliminated the Arms Control and Dis- people than ACDA and ACDA was the Reagan-Bush policy, which was the law armament Agency at a time in which most likely, which is a relic of the cold of the land for many years and which clearly one of the most serious threats war period. I did not know that for hardly resulted in our Nation being we face are weapons of mass destruc- sure, but now I have come to that con- overrun by hordes of asylum seekers. tion: nuclear, biological, and chemical. clusion after much study and research. Mr. Speaker, I am the first to say It is about usurping the rights of a So it could be done. We have got to that illegal immigrants who have no Democratic Commander in Chief, try- save money. grounds for asylum must be sent away. ing to paint the President into a corner Mr. GILMAN. Mr. Speaker, I yield 2 But it is wrong to make an example of so he would appear ineffective. Well, minutes to the gentleman from Ohio these Chinese men and women who fear President Clinton stood strong, said [Mr. CHABOT], another distinguished coercive population policy. This provi- ‘‘No.’’ As he stated in his veto message, member of our Committee on Inter- sion is supported by the Family Re- the inflexible, detailed mandates and national Relations. search Council, the National Right to artificial deadlines included in this bill (Mr. CHABOT asked and was given life Committee, various churches and should not be imposed on any Presi- permission to revise and extend his re- pro-life groups. This provision is hu- dent. marks.) mane and, most of all, it speaks well of I urge my colleagues to support the Mr. CHABOT. Mr. Speaker, I rise in America and Americans. President, to sustain his veto, and, if I strong support of the effort to override Mr. Speaker, I want to thank Chair- have any additional times, I am happy President Clinton’s ill-advised veto of to yield to my friend, the gentleman man GILMAN for his work on this bill, the Foreign Relations Authorization and I urge all Members to override the from New Jersey [Mr. SMITH]. Act. It is time to end the foreign aid Mr. SMITH of New Jersey. Mr. veto, return fiscal sanity and justice to ripoffs, and this legislation is a good Speaker, I thank my friend for yield- American foreign policy. start. ing. Just let me say that, as my col- Mr. HASTINGS of Florida. Mr. I want to take a moment to applaud league knows, he must find some Speaker, I yield 3 minutes to the dis- the hard work and tremendous leader- things in this bill that he agrees with. tinguished gentleman from California, ship of the chairman, the gentleman I mean we worked together on the refu- [Mr. BERMAN], a member of the Com- from New York [Mr. GILMAN]. Chair- gee provisions. There are a lot of man GILMAN and the Committee on mittee on International Relations. things in this bill: the boat people, pro- Mr. BERMAN. Mr. Speaker, I thank International Relations’ staff have tections that are in the bill. spent countless hours putting together my friend from Florida for yielding me But let me just say, so the record is a truly historic piece of foreign policy the time. very, very clear about this, during legislation, only to have it vetoed by a Mr. Speaker, I rise in urging my col- markup of this legislation we had five President who prefers the status quo. leagues to vote to sustain the Presi- hearings that preceded the markup in From the time our committee began dent’s veto of H.R. 1561. This is the my subcommittee because major provi- deliberations last year, the Clinton ad- third vote we have had on this bill. sions of this bill went through my sub- ministration stood in the way. In fact, Last June, 192 Democrats voted against committee because we are the commit- H.R. 1561. More recently in March, only tee of jurisdiction on the State Depart- top White House lobbyists promised to nine Democrats supported the con- ment. I was much aghast and chagrined and I quote, ‘‘delay, obfuscate and de- ference report. Only six Republicans by the fact that my ranking member rail any effort to consolidate outmoded voted against the conference report. walked out. Rather than participate in foreign policy bureaucracies and re- duce the amount of taxpayer dollars b 1730 the markup, he walked out. So we talk about bipartisanship. We used for foreign aid.’’ They tried but There is no bipartisan support for sought at every turn to include rather had failed. Congress passed the bill, but this bill. than to exclude. the liberal foreign policy establish- As I said at the time the conference Mr. BERMAN. Mr. Speaker, I would ment had the last word. The President report was adopted, this was the first like to respond simply by pointing out vetoed the legislation saying that our time in 13 years that I had the honor of two things. money levels, quote, ‘‘fall unaccept- serving in this body that a State De- One, I think in retrospect that that ably below the level of foreign aid’’ he partment authorization bill has been was a mistake. Second, the gentleman wants. taken up in committee, on the floor, or knows full well, because he has told me Mr. Speaker, let us take a look at out of a conference committee without on many occasions, he does not agree just what the President vetoed: a bill bipartisan support. with the decision to abolish these agen- that would drastically reduce waste in Mr. Speaker, I would be happy to cies. He thinks the U.S. Information our foreign affairs bureaucracies, that yield. Let me just finish my statement, Agency has a purpose independent from would fully fund our international war and then, if I have time, I would be the State Department in communicat- on drugs, that would assist Chinese happy to yield to the gentleman. ing a message to the captive countries women fleeing coercive abortion poli- Why is this bill for the first time of this world that agency from the gov- cies. that would finally apply McBride breaking with the tradition that this ernment to government relationships fair employment practices to Northern House and this Congress has had to of that State Department. He knows Ireland, and that would support our pass this legislation on a bipartisan there is no underlying sense in the abo- longtime friends and allies in Taiwan. basis? It is because this bill is not lition of these agencies; that is why we Why did President Clinton veto this about a bipartisan foreign policy. It is are supporting the President’s veto. bill? Too many reforms, too little bu- not about protecting America’s na- That is why it is the right thing. reaucracy, too few tax dollars going to tional interests while rationally re- Mr. GILMAN. Mr. Speaker, I yield 30 foreign aid. So much for the President forming Government. This is about seconds to the gentleman from New who recently told us that the era of big tying another scalp to the Republicans’ Jersey [Mr. SMITH]. government is over. Contract With America belt. It is about Mr. SMITH of New Jersey. Mr. Mr. Speaker, H.R. 1561 is a good bill. nailing another agency so that the Re- Speaker, as the gentleman from Cali- It would strengthen America’s role in H4156 CONGRESSIONAL RECORD — HOUSE April 30, 1996 foreign affairs, and it would provide ter bill, the better bill that would in- those actions that are undertaken by much needed relief to the American sure the reimplementation of agencies us as policymakers. taxpayer. such as the Agency for International It is a fact that American business Let us say no to the status quo, no to Development, the United States Infor- interests benefit greatly from the ef- the ripoffs. Override the Clinton veto. mation Agency, and Arms Control and forts that are put forth on behalf of our Mr. HASTINGS of Florida. Mr. Disarmament Agency, as well as insur- great country. Toward that end I can- Speaker, I yield 3 minutes to the dis- ing that the opportunity to deal with not believe that we would want to tinguished gentlewoman from Houston, U.S. population and opportunities and mandate such a far-reaching reorga- TX [Ms. JACKSON-LEE]. service around the world are continued. nization of the U.S. foreign policy ap- Ms. JACKSON LEE of Texas. I thank Please respond and recognize we paratus that has no connection to the my colleague from Florida, and I guess must work with the President, not real problems of foreign policy. I risk to vigorously disagree with my against the President, to insure the b 1645 well-intended colleagues on the other right kind of policy internationally. side of the aisle. Mr. GILMAN. Mr. Speaker, I yield 2 In my view, having sat in many hear- I come from a community richly di- minutes to the gentleman from Illinois ings with my colleagues, it is reorga- verse, with many international citizens [Mr. MANZULLO], another member of nization for the sake of reorganization. and international concerns. This is a our Committee on International Rela- In the final analysis, it just simply will bad bill, and I would rather have a bet- tions. not serve the best interests of this ter bill. I realize the intensity of the Mr. MANZULLO. Mr. Speaker, in his country. work that went into H.R. 1561, and I ap- State of the Union Address, President Mr. Speaker, I reserve the balance of plaud those who have worked on it. But Clinton boldly declared that the era of my time. I think we can go a step further and big Government was over. Sadly Mr. GILMAN. Mr. Speaker, I am make this bill more responsive to the enough, our vote to override the Presi- pleased to yield 1 minute to the gen- responsibilities of the President of the dent’s veto of H.R. 1561, the Foreign tleman from New York [Mr. LAZIO]. United States. Relations Authorization Act, proves Mr. LAZIO of New York. Mr. Speak- This bill would impede the Presi- the hollowness of his claim. er, I thank the gentleman for yielding dent’s authority to organize and ad- H.R. 1561 is the first bill in 40 years time to me. minister foreign affairs agencies to to reduce and reform this country’s Mr. Speaker, I rise today in support best serve the Nation’s interests. The international affairs bureaucracies. A of the veto override of H.R. 1561, the Agency for International Development, multitude of international agencies American Overseas Interest Act. United States Information Agency, and and programs proliferated during the One of the most important provisions the Arms Control and Disarmament cold war in an effort to contain and in this bill is the inclusion of the Agency are doing valuable work that roll back global communism. With this MacBride Fair Employment Principles, would be undermined if various pro- mission successfully completed, it is consisting of nine fair employment, grams are consolidated under the State time to redesign our foreign policy ap- antidiscriminatory principles that are Department. paratus. H.R. 1561 consolidates the a corporate code of conduct for United Yes, we can save money. We all agree Agency for International Development, States companies doing business in that a balanced budget is important. the Arms Control and Disarmament Northern Ireland. The MacBride Prin- But the cuts in this particular legisla- Agency, and the U.S. Information ciples were initiated in November 1984 tion undermine the President’s effort Agency into the State Department and and since their inception have provided and this country to be a world leader. reduces their budgets to force stream- Irish-Americans with a direct, mean- This bill does not speak well of lining efforts. This bill will save the ingful, and nonviolent means of ad- America’s leadership in the world. As a taxpayers $1.7 billion over 4 years. dressing injustice in Northern Ireland. superpower, we must lead by example. In January 1995, Secretary of State The principles do not call for quotas, We must promote democracy and Warren Christopher proposed to Presi- reverse discrimination, divestment— human rights. We must not isolate our- dent Clinton that he consolidate the the withdrawal of United States com- selves from the rest of the world. many foreign affairs agencies that had panies from Northern Ireland—or dis- I would ask my colleagues to con- sprung up during the cold war. Mr. investment—the withdrawal of funds sider sustaining the President’s veto. Christopher wisely argued that the now invested in firms with operations For example, this bill limits U.S. popu- Agencies’ independence did not facili- in Northern Ireland. lation assistance. Here we go again, tate cohesive policymaking. Repub- It is my hope that someday employ- with personal interests and attitudes licans took the Secretary at his word ment practices in Northern Ireland will about the United States’ very forceful and devised such a streamlining bill. be fair so that this kind of legislation and productive efforts in working with Unfortunately, President Clinton ig- will no longer be necessary. However, the world population. nored the advice of his own Secretary at this stage in the Northern Ireland This bill does not allow very impor- of State when he vetoed H.R. 1561. peace process the voice of the United tant agencies, like the U.S. Informa- Mr. Speaker, this bill reduces bureau- States on the topic of fair employment tion Agency, to carry on its respon- cratic duplication, it cuts the budget, practices is more critical than ever. I sibilities, and likewise, I say to my and provides a bold new direction to am proud to endorse this bill and urge friends on the other side of the aisle, U.S. foreign policy for the coming cen- its passage. this bill simply ties the chief executive tury. I ask my colleagues to help end Mr. GILMAN. Mr. Speaker, I am officer’s responsibility on the world the era of big Government and support pleased to yield 3 minutes to the gen- forum. the motion to override President Clin- tleman from Wisconsin [Mr. ROTH], a Yes, it is important to find a balance ton’s veto. senior member of our Committee on between the interests of Taiwan and Mr. HASTINGS of Florida. Mr. International Relations and the distin- China. Well, we must find it in a way Speaker, I yield myself such time as I guished chairman of our Subcommittee that fairly treats all entities in this may consume. on International Economic Policy and and respect previous obligations that Mr. Speaker, this provision, as ve- Trade. this country has made and the Con- toed by President Clinton, is styled the Mr. ROTH. Mr. Speaker, I thank my gress has approved. Yes, we must deal American Overseas Interest Act. I find friend, the chairman of the full com- with countries like Indonesia and it passing strange that in all of our dis- mittee, for yielding me this time. Burma and Turkey and Ireland, but we cussions, not just here today, but in Mr. Speaker, the President has been must likewise see fit to insure that we the runup to this particular measure very badly advised in vetoing this bill. bring forth a balanced State Depart- being on the House floor and the subse- It is clear that the foreign aid estab- ment funding and State Department quent veto by the President, very little lishment has closed ranks in opposition legislative bill. is being said about American interests to any meaningful reforms. The bu- I would ask simply that this veto be abroad in a fashion that allows for the reaucracy has worked overtime to ma- sustained in order for us to get the bet- private sector to be considered by neuver the President into opposing any April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4157 changes in our Government’s bloated Mr. MORAN. Mr. Speaker, I thank in noting that that was dropped, so the and outdated foreign policy machinery. my friend and colleague for yielding bill that the President vetoed had Consider just two provisions of our time to me. nothing whatsoever to do with the for- bill which the bureaucracy has fought Mr. Speaker, I rise today to urge this eign aid portion of the legislation. tooth and nail: First, our bill curtails body to sustain the President’s veto of Mr. MORAN. I appreciate that clari- the foreign aid pipeline. How many this neoisolationist foreign aid bill fication, Mr. Speaker, But the point Members in this House know that AID called the American Overseas Interests that I am making, Mr. Speaker, is the has $8 billion socked away? That is Act. We all know this bill proposes support that this country has for for- right, $8 billion left over from previous deep cuts in our foreign assistance eign aid, more support than it is obvi- years. This is on top of the $6 billion budget and wants to dismantle either ous to us when we listen to the debate. that Congress appropriated to AID this the Agency for International Develop- The fact is that most Americans year. Five years ago, AID alerted us to ment, the Arms Control and Disar- think we should be spending five times this problem. For 5 years, we have mament Agency, or the U.S. Informa- what we are spending for foreign aid. fought to put some limits on this pro- tion Agency. But what we do not ade- The fact is that AID is a principal fun- gram. quately appreciate is the important nel for that foreign aid. I do think that their mission would be compromised if The bill before us would reduce this and distinct responsibilities that all in fact they are consolidated within foreign aid waste by $1 billion. It would these agencies perform on a day-to-day basis. Those functions and responsibil- the State Department. help make permanent reforms to stop We ought not wait for a disaster to the waste that results from overfund- ities will not be performed in the same independent nor effective manner as act, because then the costs are going to ing foreign aid programs. But the oppo- be much higher. We ought not revert to nents of this bill say no to any cuts in they are now performed if they are combined within the administrative the isolationist attitude of the 1930’s. the foreign aid pipeline. What happens in one part of the world Second, the bill shuts down one of structure of the State Department. Some of their mission and independ- can happen in our part of the world. We the worst-run programs in the Govern- should not forsake our leadership role ment, the housing guarantee program. ence will be compromised. It is wrong for us to restrict this or in this world. We should be eager to How many Members know that for 35 lead this world to promote our inter- years, the American taxpayer has co- any other President’s ability to address the complex international challenges ests. signed loans all over the world for The United States is the world’s lead- and opportunities of the post-cold-war housing and community development? er. We have earned that position, not era. At issue is whether the United Today, the American taxpayer is in just because we have the strongest States will have the policies and the hock for nearly $3 billion in these guar- military, but because our diplomacy is anteed loans in 44 countries. resources available to open markets, to so effective. Our political and cultural My subcommittee has conducted a 2- prevent conflicts, to advance our na- values are widely shared, and our eco- year investigation of this program. Do tional interests through people-to-peo- nomic system is emulated around the Members know what we uncovered? We ple contacts by broadcasting the truth world. The reason is because in the uncovered huge losses in this program. as an antidote to the poison of extrem- past we have had bipartisan support in Half, half of the countries which have ist propaganda, and to prevent crisis Congress and in the administration for U.S.-backed loans have stopped pay- through humanitarian aid. a sound appropriation for the manag- The United States must continue to ment. That is right; 22 out of the 44 ing of our foreign affairs. But with lead this world. We should not turn our countries. GAO estimates that we are leadership comes responsibilities. I do back on a half-century of success. Our going to have to pay over $1 billion in not think this bill meets them. past strong investment and a vigorous bad loans. Our bill would shut down We just heard from the AID adminis- foreign policy continues to pay enor- this program and stop the losses by im- trator, Brian Atwood, in the Commit- mous dividends: The end of the Soviet posing tough penalties on these dead- tee on International Relations. He has Union, a world map dominated with de- beat foreign governments. But the for- cut over 17 percent of his personnel at mocracies and allies, expanding mar- eign aid bureaucracy wants to keep AID, from 11,000 to 8,700 since President kets, especially in the Third World, and this program going even though it is Clinton was elected. That is the second free elections in South Africa, just to hemorrhaging money. largest cut in the Federal Government. mention a few. I do not think that cut would have hap- There are two other examples, but This bill undermines our leadership these two examples, I think, pinpoint pened if it was part of the State De- role in the world. To cut development partment. the problem with this program. These aid will ultimately cost the United examples are of vital importance if we The administration has already im- States more in the form of foregone plemented significant steps to reinvent are to make the reforms that our tax- markets, increasing demands for disas- our international operations and re- payers demand be made. But the for- ter relief, worsening environmental duce costs to the taxpayers. We have eign aid establishment says no to any conditions and rising migration pres- asked the government to cut waste, to reform. For the bureaucrats that popu- sures. reduce programs, and to freeze future late the State Department, AID, and Foreign aid is an important, cost-ef- planning. This administration has re- USIA and the arms control agency, the fective investment in the future. About sponded vigorously with a scalpel, cut- watchword is business as usual. We 1 percent of the Federal budget is actu- ting away the fat and the dead tissue. cannot have business as usual. That is ally spent on foreign aid. Yet, Members The problem with this bill is that it why we want to override the Presi- have heard time and time again that hacks away at the muscle and vital or- dent’s veto, because what we are doing most of our constituents think that it gans with a cleaver. It is all posturing is making some very basic reforms that is about 15 percent of our budget that and politics to be able to say we elimi- have to be made. we spend, and believe it should be nated an agency, whatever that agency Today, this House has the oppor- around 5 percent. might be. We are given three choices, tunity to strike a blow for reform and Mr. SMITH of New Jersey. Mr. but we have to eliminate one of them. to stop the abuse and put the interests Speaker, will the gentleman yield? It is an artificial savings. It harms not of the American taxpayer first for a Mr. MORAN. I yield to the gentleman only the body politic, but more impor- change. Mr. Speaker, I urge my col- from New Jersey. tantly, the head of this world in terms leagues to join me in voting for reform Mr. SMITH of New Jersey. Mr. of foreign policy, in terms of advancing by voting to override the President’s Speaker, I would just remind the gen- democracy, advancing truth through- ill-considered veto. tleman from Virginia that the foreign out the world. Mr. HASTINGS of Florida. Mr. aid portion of this legislation was We ought not do this. This is a step Speaker, I am pleased to yield 6 min- dropped in conference. This is consoli- backward. We have need to be moving utes to the gentleman from Virginia dation and State Department reauthor- forward into a global economy and ad- [Mr. MORAN], a member of the Commit- ization part C, which was in the origi- vancing our democratic interests, cre- tee on International Relations. nal bill, and the gentleman is correct ating more purchasing capabilities in H4158 CONGRESSIONAL RECORD — HOUSE April 30, 1996

Third World countries that in turn re- States. We need one Secretary of State. tleman from New Jersey [Mr. PAYNE], a sult in market opportunities for our We need to be able to act, to be able to distinguished member of the Commit- firms. move, and to be able to get things tee on International Relations and the Mr. Speaker, I urge my colleagues to done. chairman of the Black Caucus. sustain this veto. Mr. Speaker, I think it is more pos- (Mr. PAYNE of New Jersey asked and Mr. GILMAN. Mr. Speaker, I am turing and politics to leave it alone was given permission to revise and ex- pleased to yield 2 minutes to the gen- and to not do the veto override; that it tend his remarks.) tleman from Kansas [Mr. BROWNBACK], is more posturing and politics to say, Mr. PAYNE of New Jersey. Mr. a member of our Committee on Inter- well, OK, they are just trying to do this Speaker, President Clinton in his State national Relations. to show that they can eliminate an of the Union Address promised ‘‘to end Mr. HASTINGS of Florida. Mr. agency, rather than listening to their the era of big government.’’ Big gov- Speaker, I yield 11⁄2 minutes to the gen- own people within the system who have ernment is over. I think we’ve got the tleman from Kansas. said that these are things that needed wrong idea of exactly what the Govern- The SPEAKER pro tempore (Mr. to be done; than to listen to the people ment should and should not do. GOODLATTE). The gentleman from Kan- who historically have worked in this The other side wants us to believe sas [Mr. BROWNBACK] is recognized for area and are saying we need this to ef- that the United States should not be 31⁄2 minutes. fectively manage in a time of responsive to the needs of the poor, the (Mr. BROWNBACK asked and was downsizing. hungry, and the dying. They don’t given permission to revise and extend With that, Mr. Speaker, I urge my want to share in the cost of peacekeep- his remarks.) colleagues to support the veto override. ing missions, sustainable development Mr. BROWNBACK. Mr. Speaker, I It is needed. It is needed to effectively programs, population assistance, and ask my colleagues and urge them to manage the foreign affairs arena in our our national security. support this veto override. We need to country. I urge my colleagues to vote Yes, the cold war and imminent nu- do this. We need to do this consolida- in favor of the veto override. clear threats of communism and rem- tion. If it has not been already pointed b 1800 nants of the past. The core missions of out, or even if it has, I would like to re- USAID, USIA, and ACDA have Mr. HASTINGS of Florida. Mr. iterate that this is being supported by changed. Nonetheless, they have been Secretary Baker, and previously it had Speaker, will the gentleman yield? Mr. BROWNBACK. I yield to the gen- able to adapt to the paradigm shifts of the support of Secretary Christopher, tleman from Florida. this era. until he was talked out of it by some Mr. HASTINGS of Florida. Let me I am ashamed that I live in a society other people within the administra- ask my colleague, for whom I have that devalues human life. While our aid tion. great respect, and I certainly have budget is shrinking, our defense budget I think it is key to point out that great respect for former Secretary is steadily increasing. Looks to me like lead individuals within the administra- Baker that he mentioned, did he say someone forgot to tell the GOP that tion, people that have occupied key po- how this reorganization should take the Soviet Union is gone. sitions within the foreign policy appa- place? And specifically which agency The GOP claim that this piece of leg- ratus, have said that we need to have should be eliminated? And could the islation is important because it re- this sort of consolidation take place. gentleman tell me how all of that, put flects our American values. Our Amer- These old entities do not have a place in context, is going to help improve ican values? If this is a reflection of at this point in time of U.S. history. It foreign policy? our American values, it is clear just is important for us to be able to effec- Mr. BROWNBACK. I would be happy what we value. tively manage our foreign affairs re- to. He testified in front of the Commit- We spend less than 1 percent on aid sources at a time of declining budgets, tee on Foreign Affairs, of which my to less developed countries even though at a time of declining budgets, when we colleague is a distinguished member, as the American people said they would are going to better manage our foreign well, saying that this was an entity, be in favor of a 5-percent increase. The affairs budgets and resources, that that one of these or several of these en- G–7 countries especially Japan has be- they be put in together, that they be tities needed to be folded within the come the No. 1 aid donor. They are out- allowed to be managed and consoli- State Department itself. What we are ranking us in everything. dated. saying in this bill is, let us let the Where should U.S. foreign policy be The very essence and focus of this State Department itself pick and targeted for the 21st century? I’ll tell bill was to allow some people that are choose which would be the most effec- you. It should go to Africa and Asia running the foreign policy apparatus to tive now, at this point in time, so that where almost 45 percent of the people be able to more effectively and effi- they could implement what Secretary live below the U.N. level for absolute ciently operate the foreign policy appa- Baker and what Secretary Christopher poverty. ratus, rather than from these myriad have suggested earlier, as well. If this piece of legislation passed, it different stand-alone entities. Let us Mr. HASTINGS of Florida. But if the would undercut U.S. leadership abroad allow some ability to be able to man- gentleman will yield further, how does and damage our ability to assure a se- age this. Any time we are going into a that improve foreign policy? When a cure future for all Americans. As an time like we are of balancing the budg- mission is closed, a U.S. citizen is seek- American, I was led to believe that we et for the first time since 1969, we are ing assistance in some foreign place, had a responsibility to help out our al- going to be making changes, needed how does that help that U.S. citizen? lies and friends. changes, real changes to take place. And we do know that missions are Our friends on the other side of the What we are going to have to do is closed. aisle want to end the Agency for Inter- allow some flexibility of people in the Mr. BROWNBACK. It helps by virtue national Development’s housing guar- system to make those changes. of allowing the key foreign policy lead- anty [HG] program, and restrict the This bill does that. Secretary Chris- er for this country who the President United States from participating in the topher was supportive of this bill, and has appointed, the Secretary of State, U.N. Human Rights Committee. then was talked out of it by other peo- the added flexibility to be able to say They clearly have different value sys- ple within the administration, saying, in a time of declining budget, ‘‘I have tems. ‘‘Well, you should not do this.’’ A prior this as a higher priority than this arti- The GOP wants to change that. The Secretary of State, Secretary Baker, ficially set entity over on the other bill would also restrict funds to nor- who I would say knows a little bit of side that the Congress has put.’’ It malize relations with Vietnam. The something about foreign affairs and gives that individual greater flexibility Vietnam war was a horrible war in foreign policy, says, ‘‘This is a good to be able to address what they deem American history. The hard work we thing to do. You need to be able to do to be the key and the highest point in- have made with the help of our foreign this to be able to manage foreign af- terest. That is why we urge this bill. commercial service has opened mar- fairs.’’ We do not need 5 different enti- Mr. HASTINGS of Florida. Mr. kets. They have, more importantly, ties doing foreign affairs in the United Speaker, I yield 5 minutes to the gen- healed open wounds left from the war. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4159 Yes, my friends, the cold war is over. enough to give me the remaining time bill and not really a very good bill at However, when we talk about cutting on both sides? all. We should not undermine the agencies like USAID, we are talking The SPEAKER pro tempore (Mr. President’s ability to conduct foreign about returning to those dark days of GOODLATTE). The gentleman from Flor- policy. We are the leaders of the world, foreign policy. Remember—when power ida [Mr. HASTINGS] has 2 minutes re- my colleagues. Let us act like the lead- and democracy were synonymous, maining, and the gentleman from New ers of the world. Let us sustain the when ballistic missile proliferation York [Mr. GILMAN] has 31⁄2 minutes re- President’s veto. This bill ought not to were our sleeping partners, our Japan maining. become law. policy was viewed through Soviet lens. Mr. HASTINGS of Florida. The gen- Mr. GILMAN. Mr. Speaker, I yield The GOP wants to overturn glasnost tleman from New York has the right to myself such time as I may consume. and detente. close; is that correct? Mr. Speaker, we have all heard the The bill also limits participation in The SPEAKER pro tempore. That is President’s State of the Union promise international organizations such as the correct. to end the era of big government. United Nations. It also undermines the Mr. HASTINGS of Florida. That President Clinton’s own Secretary of President’s ability to conduct foreign being the case, Mr. Speaker, then, I am State, Warren Christopher, showed policy. pleased to yield my remaining time to that over a year ago when he moved to I have received many letters from my the gentleman from New York [Mr. close three outdated international af- constituents saying the United States ENGEL], a former member of the Com- fairs bureaucracies and fold their func- should pay up the debts owed to the mittee on International Relations and tions back into the State Department, United Nations. We use the United Na- the newest member of the Committee giving the President the discretion to tions as a shield and our scapegoat. We on Commerce, and we hope that he will pick and choose of those three agencies used the United Nations in the gulf return to the Committee on Inter- which he wanted to fold. war. national Relations. This is not an isolationist policy. Re- I cannot with a clear conscience sup- The SPEAKER pro tempore. The gen- sponding to Secretary Christopher’s port the veto override. The state of the tleman from New York [Mr. ENGEL] is plan, this Congress passed a major re- American Nation and the state of the recognized for 2 minutes. form bill to follow through with this world are depending on it. At a time in Mr. ENGEL. I thank my friend from plan, reducing waste, duplication, and history when our enemies were clear, Florida, who is my mother’s Congress- someone once said, ‘‘We can only se- overlapping among these Federal agen- man and is doing such a great job, and cies that are best designed to fight a cure peace by preparing for war.’’ I intend to return to the committee. Even though the Berlin wall has fall- cold war that ended 5 years ago. Let me say first of all, Mr. Speaker, en, the GOP wants to take us back to And what was the President’s re- I hope that our House will vote to sus- isolationism of the 1930’s. Let’s let our sponse? His lobbyists responded by tain the President’s veto. This is not a democracy programs work before our promising to, and I quote, ‘‘delay, ob- good bill and the President was correct missiles do. Sustain the President’s fuscate and derail’’ our bill. They in vetoing it. This is an isolationism veto of H.R. 1561—Foreign Relations failed, and the Congress passed the bill. It is a retrenching bill, a retreat- Authorization Act. first sweeping foreign affairs reform ing bill. Mr. GILMAN. Mr. Speaker, I yield 11⁄2 bill in over 40 years. The President minutes to the gentleman from Illinois The United States is the leader of the then used a congressional recess on a free world. No one anointed us as lead- [Mr. HYDE], the distinguished senior Friday afternoon, after the press dead- member of our Committee on Inter- er. We took the mantle. As a result, we line, to veto the bill which his own Sec- national Relations. have a responsibility. Countries look to retary of State first suggested. Mr. HYDE. I thank the gentleman for us and we have a responsibility for our With this veto, the President de- yielding me the time and I thank the own self-interest. fended the bureaucracy and the status gentleman for the characterization as There was no Democratic input into quo in opposition to his own Secretary senior member. I appreciate that. I this bill. There is a haphazard reorga- of State. This is clear proof that under guess I am. nization of U.S. foreign policy agen- this White House, the era of big gov- Mr. Speaker, I just hope that the cies. In fact, it is, Pick an agency, any ernment is not over. It lives on, despite Members will override the President’s agency, we want to close an agency, it the best advice of senior members of veto. I know that is difficult to do for doesn’t matter what agency, just pick his own Cabinet. some Members, but there are some one. That is no way to conduct foreign We are here today to override the very important human rights provi- policy. The appropriations are too low. veto of the Foreign Relations Author- sions in this legislation, most signifi- There are not enough funds in here. It ization Act. In short, this bill gives the cantly, the MacBride principles which undermines the President’s ability to President the flexibility to merge one require fair employment practices by conduct foreign policy. of three foreign affairs agencies back companies with using American funds My colleagues on the other side of into the State Department as rec- over in Ireland. If there is any reason the aisle unfortunately seem to want ommended by Secretary Christopher. in the world why fair employment to embrace isolationism. With the col- This bill fulfills the President’s cam- should not obtain, especially with lapse of the Soviet Union and the col- paign promise to back the MacBride American funds, I cannot think of it, lapse of communism, I feel that the Re- fair employment principles in Northern and the MacBride principles are very publican Party is reverting back to its Ireland. This veto means that he has important. This bill restores them. As 100 years ago isolationism policies. reneged on his promise to our Irish- I say, they are very significant. This is a dangerous policy. Americans. In addition, this bill remedies a situ- Henry Kissinger, we all know Henry b 1815 ation where Chinese women have come Kissinger, a very prominent Repub- to this country to escape coerced abor- lican Secretary of State, says about This bill, the product of many hours tion, coerced sterilization, and they this bill, and I quote, ‘‘Further cuts of negotiations, fulfills many of the ad- have sought to apply for asylum. In- would necessitate closing many over- ministration’s objectives, and yet the stead, they were brought to our hear- seas posts with the result that there President vetoed the bill after months ing rooms in chains. I think that is a would be less complete political and of refusing to allow his agencies to stain on our Nation’s conscience. This economic reporting on foreign condi- work with our House and Senate Com- bill would give them legal status. We tions, less effective representation and mittee on International Relations to consolidate the foreign aid bureauc- advocacy of U.S. interests in foreign craft a bipartisan measure. racy, which is very important. countries, and less adequate services The hue and cry is that this needs to I think there are a lot of reasons to provided to U.S. citizens traveling be a bipartisan bill. This needs to be a vote to override and I hope the Mem- abroad, tourists or business people.’’ bipartisan process. Traditionally this bers do. So even Henry Kissinger realized is a bipartisan measure, but, let me Mr. HASTINGS of Florida. Mr. that the funding here is dangerously point out, bipartisanship requires all Speaker, would the Chair be good low, and that this is an isolationism parties to participate in this debate. H4160 CONGRESSIONAL RECORD — HOUSE April 30, 1996 In this case the administration, the Sunday afternoon. The markup took place the with other countries and world leaders with the opposition party, offered nothing but following dayÐon Monday morning. knowledge that there will be consistency in our roadblocks. In over 50 hours of negotia- I make this point, Mr. Speaker, because I dealings with other governments. World lead- tions on the bill’s conference, the want the record to be clear. There was no bi- ers trust American foreign policy because of House and Senate Democrat staff only partisan effort to work out differences or re- the strength of our historical ability to forge attended for purposes of note taking. solve problems in advance. The fact that all of and carry out a bipartisan foreign policy. This I commend the members and staff of my Democratic colleagues joined me in walk- bill strikes all that down. our Committee on International Rela- ing out of the markup only indicates the par- The Gingrich Republicans have been unable tions for their diligent, tenacious ef- tisan nature of the process with which we to impose their radical views on America's for- forts to enact this bill and to fulfill our have been dealing on this legislation during eign policy through reasonable debate so they promise to the American people to re- the past year. are attempting to force America's foreign pol- duce the size of the Federal Govern- I might add, Mr. Speaker, that the con- icy to their philosophy by imposing reorganiza- ment. ference report was handled in the same par- tion and restrictions on the President. The Accordingly, I urge my colleagues to tisan fashion. The Republican members of the Gingrich Republicans have been unable to support this motion to override the House International Relations Committee and work in harmony with the Clinton administra- President’s shortsighted veto of H.R. Republican members of the Senate Foreign tion so they are attempting to force their radi- 1561, the Foreign Relations Authoriza- Affairs Committee met, made their decisions cal conservative views on America's dealings tion Act. Congress has delivered and on the legislation, and presented what they with foreign policy. the President should be held account- had done to the Democratic Members. We The Gingrich Republicans apparently don't able for rejecting a bill that helps to were invited to accept what they had done know anything about coalition-building and co- advance our U.S. foreign policy and to without any opportunity whatsoever to partici- operation with others in Congress to achieve end the era of big government. pate in the process of producing a better piece objectives through communication and coordi- Mr. LANTOS. Mr. Speaker, I rise today in of legislation. nation. These elementary organizational and strong opposition to the adoption of H.R. Mr. Speaker, I have long advocated biparti- management strengths are the foundations of 1561, the objections of the President notwith- san cooperation on our foreign policy. I am America's foreign policy development, and standing. still a strong advocate of such cooperation. without them being used successfully, America I have served as a member of the Commit- We are strongest when we are united. There is made to look like a bunch of kids fighting tee on Foreign Affairs and now the Committee is no reason we can not and should not work over a ball on the playground. on International Relations since I was first together for the improvement of our country's In closing, the veto message states: ``I rec- elected a Member of the Congress. In the foreign relations. There are serious threats to ognize that the bill contains a number of im- nearly 16 years that I have served in this our Nation, serious threats in the international portant authorities for the Department of State body, I have never seen such a partisan, one- arena which affect all Americans. We must and the U.S. Information Agency. In its current sided, ill-considered piece of legislation come work together to meet those challenges. Mak- form, however, the bill is inconsistent with the out of our committee. ing partisan political pointsÐwhich is precisely decades-long tradition of bipartisanship in U.S. Earlier the chairman of the Subcommittee what H.R. 1561 is aboutÐwill do nothing to foreign policy. It unduly interferes with the con- on International Operations and Human Rights strengthen our Nation's foreign policy. While stitutional prerogatives of the President and talked about the process by which this legisla- there are a few good elements in the legisla- would seriously impair the conduct of U.S. for- tion was shoved through the Subcommittee tion, on the whole it will weaken our Nation's eign affairs. For all these reasons, I am com- and Committee. He made reference to me, in ability to face the international challenges we pelled to return H.R. 1561 without my ap- my capacity as ranking minority member of face. We need thoughtful cooperation, and we proval.'' the subcommittee, although he did not men- need careful bipartisan consideration of such And for all these reasons, I urge my col- tion me by name. I was the Democrat who legislation. leagues to vote to sustain the President's veto walked out of the subcommittee markup of the Mr. Speaker, I strongly urge my colleagues of H.R. 1561. sections of H.R. 1561 that were in the jurisdic- to join in voting against the override of the Mr. GILMAN. Mr. Speaker, I yield tion of that subcommittee. I was joined in President's veto on this legislation. This is a back the balance of my time. walking out of that markup by every other bad bill. This is a partisan bill. This is a bill The SPEAKER pro tempore (Mr. Democratic member of the subcommittee. Let that should be defeated. GOODLATTE). Without objection, the me explain why my colleagues and I took that Mrs. COLLINS of Illinois. Mr. Speaker, I rise previous question is ordered. action. to again state for the RECORD that I am con- There was no objection. Mr. Speaker, the traditional practice when stantly amazed at the lengths to which the The SPEAKER pro tempore. The the Democrats were in the majority on the Gingrich Republicans will go to waste the time question is, Will the House, on recon- Foreign Affairs Committee was to consult with and money of the American people. Again, we sideration, pass the bill, the objections the minority on all of the issues being consid- are called to vote to override a Presidential of the President to the contrary not- ered in the foreign affairs authorization legisla- veto on a measure that has been voted for by withstanding? tion to reach bipartisan compromise on as Members who are subservient to the conserv- Under the Constitution, this vote many issues as possible on the legislation, to ative Republican leadership. must be determined by the yeas and reach out and work together to resolve dif- This bill was rejected by the President be- nays. ferences. That did not happen. The chairman cause it directs a major reorganization of U.S. The vote was taken by electronic de- of the International Operations Subcommittee foreign policy agenciesÐstructured in the vice, and there were—yeas 234, nays consulted with some individuals who were not most partisan of ways. The President's veto 118, not voting 11, as follows: members of the subcommittee or even mem- message says: ``This legislation contains many [Roll No. 136] bers of the full International Relations Commit- unacceptable provisions that would undercut YEAS—234 tee, and he included provisions of interest to U.S. leadership abroad and damage our ability them. He did not, however, have the courtesy to assure the future security and prosperity of Allard Boehlert Chenoweth Andrews Boehner Christensen to consult with me or other members of the the American people. It would unacceptably Archer Bonilla Chrysler minority on the subcommittee on any of these restrict the President's ability to address the Armey Bono Clinger issues. complex international challenges and opportu- Bachus Brownback Coble Not only were we not consulted on the leg- Baker (CA) Bryant (TN) Coburn nities of the post-cold-war era. It would also Baker (LA) Bunn Collins (GA) islation, when we went into the markup of H.R. restrict Presidential authority needed to con- Ballenger Bunning Combest 1561, we did not have the final version of the duct foreign affairs and to control state se- Barr Burr Cooley bill until the very morning the bill was to be crets, thereby raising serious constitutional Barrett (NE) Burton Cox Bartlett Buyer Crane considered. As ranking minority member of the concerns.'' Barton Callahan Crapo subcommittee, the first version of the bill was I couldn't have said it better. Bass Calvert Cremeans delivered to me late on a Wednesday night. Mr. Speaker, all across America, school- Bateman Camp Cubin Major changes were made in that bill, and a children studying American history are learn- Bereuter Campbell Cunningham Bilbray Canady Davis second revised version was delivered to me 2 ing about America's bipartisan foreign policy Bilirakis Castle Deal days later on a Friday evening. The last that allows our Government to function from Bliley Chabot DeLay changes in the bill were made the following administration to administration in our dealings Blute Chambliss Diaz-Balart April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4161 Dickey Johnson, Sam Radanovich Millender- Pickett Stupak in the order agreed to by the unani- Doolittle Jones Ramstad McDonald Pomeroy Tanner Dornan Kasich Regula Miller (CA) Rahall Taylor (MS) mous-consent request of today. Dreier Kelly Riggs Minge Rangel Tejeda Votes will be taken in the following Duncan Kennedy (RI) Roberts Mink Reed Thompson order: H.R. 3008, by the yeas and nays; Dunn Kim Rogers Moakley Richardson Thornton and H.R. 1823, by the yeas and nays. Ehlers King Rohrabacher Mollohan Rivers Thurman Ehrlich Klug Ros-Lehtinen Montgomery Roemer Torres The Chair will reduce to 5 minutes Emerson Knollenberg Roth Moran Rose Torricelli the time for any electronic vote after English Kolbe Roukema Morella Roybal-Allard Towns the first such vote in this series. Everett LaHood Royce Murtha Sabo Traficant Ewing Largent Salmon Nadler Sanders Velazquez f Fawell Latham Sanford Neal Sawyer Vento Fields (TX) LaTourette Saxton Oberstar Schroeder Visclosky HELIUM PRIVATIZATION ACT OF Flanagan Laughlin Scarborough Obey Schumer Volkmer 1996 Foley Lazio Schaefer Olver Scott Ward Forbes Leach Schiff Ortiz Serrano Waters The SPEAKER pro tempore. The Fowler Lewis (CA) Seastrand Orton Sisisky Watt (NC) pending business is the question of sus- Fox Lewis (KY) Sensenbrenner Owens Skaggs Waxman pending the rules and passing the bill, Franks (CT) Lightfoot Shadegg Pallone Skelton Williams Franks (NJ) Linder Shaw Pastor Slaughter Wilson H.R. 3008. Frelinghuysen Livingston Shays Payne (NJ) Spratt Wise The Clerk read the title of the bill. Frisa LoBiondo Shuster Payne (VA) Stark Woolsey The SPEAKER pro tempore. The Funderburk Longley Skeen Pelosi Stenholm Wynn Gallegly Lucas Smith (MI) Peterson (FL) Stokes Yates question is on the motion offered by Ganske Manton Smith (NJ) Peterson (MN) Studds the gentleman from Colorado [Mr. AL- Gekas Manzullo Smith (TX) NOT VOTING—11 LARD] that the House suspend the rules Gilchrest Martini Smith (WA) and pass the bill, H.R. 3008, on which Gillmor McCollum Solomon Bryant (TX) Jefferson Lincoln Gilman McCrery Souder Clay Johnson (SD) Molinari the yeas and nays are ordered. Goodlatte McDade Spence Ford Kaptur Rush The vote was taken by electronic de- Goodling McHugh Stearns Hayes Kingston vice, and there were—yeas 411, nays 10, Goss McInnis Stockman Graham McIntosh Stump b 1836 not voting 12, as follows: Greene (UT) McKeon Talent [Roll No. 137] Tate The Clerk announced the following Greenwood Metcalf YEAS—411 Gunderson Meyers Tauzin pair: Gutknecht Mica Taylor (NC) On this vote: Ackerman Clement Foglietta Hancock Miller (FL) Thomas Allard Clyburn Foley Hansen Moorhead Thornberry Mr. Kingston and Mr. Hayes for, with Ms. Andrews Coble Forbes Hastert Myers Tiahrt Kaptur against. Archer Coburn Fowler Hastings (WA) Myrick Torkildsen So, two-thirds not having voted in Armey Coleman Fox Hayworth Nethercutt Upton Bachus Collins (GA) Frank (MA) Hefley Neumann Vucanovich favor thereof, the veto of the President Baesler Collins (MI) Franks (CT) Heineman Ney Walker was sustained and the bill was rejected. Baker (CA) Condit Franks (NJ) Herger Norwood Walsh The result of the vote was announced Baker (LA) Conyers Frelinghuysen Hilleary Nussle Wamp Baldacci Cooley Frisa Hobson Oxley Watts (OK) as above recorded. Ballenger Costello Frost Hoekstra Packard Weldon (FL) The SPEAKER pro tempore (Mr. Barcia Cox Funderburk Hoke Parker Weldon (PA) GOODLATTE). The Clerk will notify the Barr Coyne Furse Horn Paxon Weller Senate of the action of the House. Barrett (NE) Cramer Gallegly Hostettler Petri White Barrett (WI) Crane Ganske Houghton Pombo Whitfield f Bartlett Crapo Gejdenson Hunter Porter Wicker Barton Cremeans Gekas Hutchinson Portman Wolf REMOVAL OF NAME OF MEMBER Bass Cubin Gephardt Hyde Poshard Young (AK) AS COSPONSOR OF H.R. 2951 Bateman Cummings Geren Inglis Pryce Young (FL) Beilenson Cunningham Gilchrest Istook Quillen Zeliff Mr. PETRI. Mr. Speaker, having dis- Bentsen Danner Gillmor Jacobs Quinn Zimmer covered a clerical error relative to H.R. Bereuter Davis Gilman Berman de la Garza Gonzalez 2951, I ask unanimous consent that the NAYS—188 Bevill Deal Goodlatte gentleman from California [Mr. BROWN] Bilbray DeFazio Goodling Abercrombie Dellums Hilliard be removed as cosponsor of that bill. Bilirakis DeLauro Gordon Ackerman Deutsch Hinchey Bishop DeLay Goss Baesler Dicks Holden The SPEAKER pro tempore. Is there Bliley Dellums Graham Baldacci Dingell Hoyer objection to the request of the gen- Blute Deutsch Green (TX) Barcia Dixon Jackson (IL) tleman from Wisconsin? Boehlert Diaz-Balart Greene (UT) Barrett (WI) Doggett Jackson-Lee There was no objection. Boehner Dickey Greenwood Becerra Dooley (TX) Bonilla Dicks Gunderson Beilenson Doyle Johnson (CT) f Bonior Dixon Gutierrez Bentsen Durbin Johnson, E. B. Bono Doggett Gutknecht Berman Edwards Johnston ORDER OF POSTPONED VOTES ON Borski Dooley Hall (OH) Bevill Engel Kanjorski SUSPENSIONS Boucher Doolittle Hall (TX) Bishop Ensign Kennedy (MA) Brewster Dornan Hamilton Bonior Eshoo Kennelly Mr. HOYER. Mr. Speaker, after con- Browder Doyle Hancock Borski Evans Kildee Brown (CA) Dreier Hansen Boucher Farr sultation with the majority leader, I Kleczka ask unanimous consent that H.R. 3008, Brown (FL) Duncan Harman Brewster Fattah Klink Brown (OH) Dunn Hastert Browder Fazio LaFalce a postponed vote on suspension, pre- Brownback Durbin Hastings (FL) Brown (CA) Fields (LA) Lantos cede the vote on H.R. 1823. Bryant (TN) Edwards Hastings (WA) Brown (FL) Filner Levin Bunn Ehlers Hayworth Brown (OH) Flake The SPEAKER pro tempore. Is there Lewis (GA) Bunning Ehrlich Hefley Cardin Foglietta objection to the request of the gen- Lipinski Burr Emerson Hefner Chapman Frank (MA) Lofgren tleman from Maryland? Burton Engel Heineman Clayton Frost Buyer English Herger Clement Furse Lowey There was no objection. Luther Callahan Ensign Hilleary Clyburn Gejdenson f Calvert Eshoo Hilliard Coleman Gephardt Maloney Markey Camp Evans Hinchey Collins (IL) Geren Campbell Martinez ANNOUNCEMENT BY THE SPEAKER Everett Hobson Collins (MI) Gibbons Canady Ewing Hoekstra Mascara PRO TEMPORE Condit Gonzalez Cardin Farr Hoke Matsui Conyers Gordon The SPEAKER pro tempore. Debate Castle Fattah Holden McCarthy Costello Green (TX) Chabot Fawell Horn McDermott has concluded on all motions to sus- Coyne Gutierrez Chambliss Fazio Hostettler McHale Cramer Hall (OH) pend the rules. Pursuant to the provi- Chapman Fields (LA) Houghton Cummings Hall (TX) McKinney sions of clause 5 of rule I, the Chair Chenoweth Fields (TX) Hoyer Danner Hamilton McNulty will now put the question on each mo- Christensen Filner Hunter de la Garza Harman Meehan tion to suspend the rules on which fur- Chrysler Flake Hutchinson DeFazio Hastings (FL) Meek Clayton Flanagan Hyde DeLauro Hefner Menendez ther proceedings were postponed today, H4162 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Inglis Miller (CA) Scott ANNOUNCEMENT BY THE SPEAKER Hefley McKeon Sawyer Istook Miller (FL) Seastrand Hefner McKinney Saxton Jackson (IL) Minge Sensenbrenner PRO TEMPORE Heineman McNulty Scarborough Jackson-Lee Mink Serrano The SPEAKER pro tempore (Mr. Herger Meehan Schaefer (TX) Moakley Shadegg Hilleary Meek Schiff Jacobs Mollohan Shaw GOODLATTE). Pursuant to the provi- Hilliard Menendez Schroeder Johnson (CT) Montgomery Shays sions of clause 5, rule I, the Chair an- Hinchey Metcalf Schumer Johnson, E.B. Moorhead Shuster nounces that he will reduce to a mini- Hobson Meyers Scott Johnson, Sam Moran Sisisky mum of 5 minutes the period of time Hoekstra Mica Seastrand Johnston Morella Skaggs Hoke Millender- Sensenbrenner Jones Murtha Skeen within which a vote by electronic de- Holden McDonald Shadegg Kanjorski Myers Skelton vice may be taken on the additional Horn Miller (CA) Shaw Kasich Myrick Slaughter motion to suspend the rules on which Houghton Miller (FL) Shays Kelly Nadler Smith (MI) Hunter Minge Shuster Kennedy (MA) Neal Smith (NJ) the Chair has postponed further pro- Hutchinson Mink Skaggs Kennedy (RI) Nethercutt Smith (TX) ceedings. Hyde Moakley Skeen Kennelly Neumann Smith (WA) f Inglis Mollohan Skelton Kildee Ney Solomon Istook Montgomery Slaughter Kim Norwood Souder Jackson (IL) Moorhead Smith (MI) King Nussle Spence AMENDING CENTRAL UTAH Jackson-Lee Moran Smith (NJ) Kleczka Oberstar Spratt PROJECT COMPLETION ACT (TX) Morella Smith (TX) Klink Obey Stark Jacobs Murtha Smith (WA) Klug Olver Stearns The SPEAKER pro tempore. The Johnson (CT) Myers Solomon Knollenberg Ortiz Stenholm pending business is the question of sus- Johnson, E.B. Myrick Souder Kolbe Orton Stockman pending the rules and passing the bill, Johnson, Sam Nadler Spence LaFalce Owens Stokes Johnston Neal Spratt LaHood Oxley Studds H.R. 1823, as amended. Jones Nethercutt Stark Lantos Packard Stump The Clerk read the title of the bill. Kanjorski Neumann Stearns Largent Pallone Stupak The SPEAKER pro tempore. The Kasich Ney Stenholm Latham Parker Talent question is on the motion offered by Kelly Norwood Stockman LaTourette Pastor Tanner Kennedy (MA) Nussle Stokes Laughlin Paxon Tate the gentleman from Utah [Mr. HANSEN] Kennedy (RI) Oberstar Studds Lazio Payne (NJ) Tauzin that the House suspend the rules and Kennelly Obey Stump Leach Payne (VA) Taylor (MS) pass the bill, H.R. 1823, as amended, on Kildee Olver Stupak Levin Pelosi Taylor (NC) Kim Ortiz Talent Lewis (CA) Peterson (FL) Tejeda which the yeas and nays are ordered. King Orton Tanner Lewis (GA) Peterson (MN) Thomas The vote was taken by electronic de- Kleczka Owens Tate Lewis (KY) Petri Thompson vice and there were—yeas 412, nays 0, Klink Oxley Tauzin Lightfoot Pickett Thornton not voting 21, as follows: Klug Packard Taylor (MS) Linder Pombo Thurman Knollenberg Pallone Taylor (NC) Lipinski Pomeroy Tiahrt [Roll No. 138] Kolbe Parker Tejeda Livingston Porter Torkildsen YEAS—412 LaFalce Pastor Thomas LoBiondo Portman Torres LaHood Paxon Thompson Lofgren Poshard Torricelli Abercrombie Chambliss Eshoo Lantos Payne (NJ) Thornberry Longley Pryce Towns Ackerman Chapman Evans Largent Payne (VA) Thornton Lowey Quillen Traficant Allard Chenoweth Everett Latham Pelosi Thurman Lucas Quinn Upton Andrews Christensen Ewing LaTourette Peterson (FL) Tiahrt Luther Radanovich Velazquez Archer Chrysler Farr Laughlin Peterson (MN) Torkildsen Maloney Ramstad Vento Armey Clayton Fattah Lazio Petri Torres Manton Rangel Visclosky Bachus Clement Fawell Leach Pickett Torricelli Manzullo Reed Volkmer Baesler Clyburn Fields (LA) Levin Pombo Towns Markey Regula Vucanovich Baker (CA) Coble Fields (TX) Lewis (CA) Pomeroy Traficant Martinez Richardson Walker Baker (LA) Coburn Filner Lewis (GA) Porter Upton Martini Riggs Walsh Baldacci Coleman Flake Lewis (KY) Portman Velazquez Mascara Rivers Wamp Ballenger Collins (GA) Flanagan Lightfoot Poshard Vento Matsui Roberts Ward Barcia Collins (IL) Foglietta Linder Pryce Visclosky McCarthy Roemer Watt (NC) Barr Collins (MI) Foley Lipinski Quillen Volkmer McCollum Rogers Watts (OK) Barrett (NE) Combest Forbes Livingston Quinn Vucanovich McCrery Rohrabacher Waxman Barrett (WI) Condit Fowler LoBiondo Radanovich Walker McDade Ros-Lehtinen Weldon (FL) Bartlett Conyers Fox Lofgren Rahall Walsh McDermott Rose Weldon (PA) Barton Cooley Frank (MA) Longley Ramstad Wamp McHale Roth Weller Bass Costello Franks (CT) Lowey Rangel Ward McHugh Roukema White Bateman Cox Franks (NJ) Lucas Reed Waters McInnis Roybal-Allard Whitfield Becerra Coyne Frelinghuysen Luther Regula Watts (OK) McIntosh Royce Wicker Beilenson Cramer Frisa Maloney Richardson Waxman McKeon Sabo Williams Bentsen Crane Frost Manton Riggs Weldon (FL) McKinney Salmon Wilson Bereuter Crapo Funderburk Manzullo Rivers Weller McNulty Sanders Wise Berman Cremeans Furse Markey Roberts White Meehan Sanford Wolf Bevill Cubin Gallegly Martinez Roemer Whitfield Meek Sawyer Woolsey Bilbray Cummings Ganske Martini Rogers Wicker Menendez Saxton Wynn Bilirakis Cunningham Gejdenson Mascara Rohrabacher Williams Metcalf Scarborough Young (AK) Bishop Danner Gekas Matsui Ros-Lehtinen Wilson Meyers Schaefer Young (FL) Bliley Davis Gephardt McCarthy Rose Wise Mica Schiff Zeliff Blute de la Garza Geren McCollum Roth Wolf Millender- Schroeder Zimmer Boehner Deal Gibbons McCrery Roukema Woolsey McDonald Schumer Bonilla DeFazio Gilchrest McDade Roybal-Allard Wynn Bonior DeLauro Gillmor McDermott Royce Yates NAYS—10 Bono DeLay Gilman McHale Sabo Young (AK) Abercrombie Dingell Waters Borski Dellums Gonzalez McHugh Salmon Young (FL) Becerra Gibbons Yates Boucher Deutsch Goodlatte McInnis Sanders Zeliff Collins (IL) Rahall Brewster Diaz-Balart Goodling McIntosh Sanford Zimmer Combest Thornberry Browder Dickey Gordon Brown (CA) Dicks Goss NOT VOTING—21 NOT VOTING—12 Brown (FL) Dingell Graham Boehlert Hayes Lincoln Brown (OH) Dixon Green (TX) Bryant (TX) Hayes Kingston Bryant (TX) Hostettler Molinari Brownback Doggett Greene (UT) Clay Jefferson Lincoln Clay Hoyer Rush Bryant (TN) Dooley Greenwood Clinger Johnson (SD) Molinari Clinger Jefferson Serrano Bunn Doolittle Gunderson Ford Kaptur Rush Durbin Johnson (SD) Sisisky Bunning Dornan Gutierrez Fazio Kaptur Watt (NC) b Burr Doyle Gutknecht Ford Kingston Weldon (PA) 1857 Burton Dreier Hall (OH) So (two-thirds having voted in favor Buyer Duncan Hall (TX) Callahan Dunn Hamilton b 1907 thereof) the rules were suspended, and Calvert Edwards Hancock the bill was passed. Camp Ehlers Hansen So (two-thirds having voted in favor The result of the vote was announced Campbell Ehrlich Harman thereof) the rules were suspended and as above recorded. Canady Emerson Hastert the bill, as amended, was passed. Cardin Engel Hastings (FL) A motion to reconsider was laid on Castle English Hastings (WA) The result of the vote was announced the table. Chabot Ensign Hayworth as above recorded. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4163 A motion to reconsider was laid on pause and offer our best wishes and our With true affection and respect we the table. thanks to someone whom all of us in say to him, Gary, thank you and God f this Chamber know—Gary Heuer. After bless you. 28 years of Government service, Gary is In your retirement, for all you have PERMISSION TO FILE CON- retiring. I hope he is retiring knowing seen and all you have observed, please FERENCE REPORT ON S. 641, that he carries with him our admira- do not write a book. Thank you, Gary. RYAN WHITE CARE REAUTHOR- tion and respect. f IZATION ACT OF 1995 After dedicating his life’s work to his b 1915 Mr. COBURN. Mr. Speaker, I ask country, Gary deserves our heartiest unanimous consent that the managers thanks. As much as we might selfishly TRIBUTE TO GARY HEUER on the part of the House may have miss him here where his work has been (Mr. TRAFICANT asked and was until midnight tonight, April 30, 1996, so needed and appreciated, we can all given permission to address the House to file the conference report on the wish that in his retirement he will al- for 1 minute and to revise and extend Senate bill, S. 641, to reauthorize the ways have what he always gave to us— his remarks.) Ryan White CARE Act of 1990, and for the very best. Mr. TRAFICANT. Mr. Speaker, I other purposes. I direct your attention to the west want to concur and associate myself The SPEAKER pro tempore. Is there doors of the Speaker’s lobby. The heav- with the remarks of my distinguished objection to the request of the gen- ily bearded gentleman—known to some majority leader. I think the tribute tleman from Oklahoma? of the Pages as the Mountain Man—is, that was made here is absolutely on There was no objection. as most of you know, Gary Heuer. His target. Many times we hear a name and f somewhat imposing presence masks a we do not put a name with a face, and kind and gentle core. His even manner Gary has helped so many of us. REMOVAL OF NAME OF MEMBER with all people, and an intellect sharp I just want to rise and say thank you, AS COSPONSOR OF H.R. 1972 in the ways of the legislative process and I know when you pass, as you Mr. METCALF. Mr. Speaker, I ask have made him a tower of stability in chronicled all of the highlights, you unanimous consent to remove my a too-frequently chaotic atmosphere. also did some traveling back and forth name as cosponsor from the bill, H.R. Gary’s government service began in to Jack Brooks’ office. Anybody that 1972. 1962 with a 4 year stint in the Air Force could stand Chairman Brooks has The SPEAKER pro tempore. Is there as a member of our expeditionary earned some distinction in our hearts. objection to the request of the gen- forces in Southeast Asia, where he was He was a tough customer. tleman from Washington? awarded the Good Conduct Medal. In So Gary, on behalf of all of us on this There was no objection. 1966 he began working for U.S. Steel side of the aisle, we appreciate all of after moving to Texas. As we all know, f the kind remarks, all of the advice and moving to Texas is the sign of a truly counsel you gave us, all of the little REPORT ON RESOLUTION PROVID- intelligent man. things that Members ask about, and I ING FOR CONSIDERATION OF Gary began working for the Office of think it is fitting that the tribute was H.R. 2641, UNITED STATES MAR- the Doorkeeper in 1972, and in the fol- made by our majority leader. I want to SHALS SERVICE IMPROVEMENT lowing 24 years, he has provided this associate myself with those remarks, ACT OF 1996 body and its Members with a dedica- and I want to say God bless you from tion that we’ve all come to admire and Ms. PRYCE, from the Committee on all of us. respect. Many of us here today have f Rules, submitted a privileged report found ourselves relying on Gary for his (Rept. No. 104–543) on the resolution (H. insight and information with regard to SPECIAL ORDERS Res. 418) providing for consideration of the activities in this Chamber. We—as The SPEAKER pro tempore (Mr. the bill (H.R. 2641) to amend title 28, well as those future Members who have GOODLATTE). Under the Speaker’s an- United States Code, to provide for ap- yet to tread these Halls—will find our- nounced policy of May 12, 1995, and pointment of United States marshals selves poorer for his absence. under a previous order of the House, by the Director of the United States Few present today have been so privi- the following Members will be recog- Marshals Service, which was referred leged to witness the history that Gary nized for 5 minutes each. to the House Calendar and ordered to has observed—and, in a way, been a be printed. f part of. SONNY MONTGOMERY, JIM QUIL- f LEN, BILL YOUNG, JOHN MYERS, TOM BE- LANGUAGE AND ITS RELATION- VILL—those are just a few of the names SHIP TO IMMIGRATION IN THIS REPORT ON RESOLUTION PROVID- COUNTRY ING FOR CONSIDERATION OF with whom Gary has shared his time on The SPEAKER pro tempore. Under a H.R. 2149, OCEAN SHIPPING RE- Capitol Hill. Starting with Carl Albert, previous order of the House, the gen- FORM ACT Gary has served under five Speakers of the House. tleman from Guam [Mr. UNDERWOOD] is Ms. PRYCE, from the Committee on Six Presidents have presided over our recognized for 5 minutes. Rules, submitted a privileged report country while Gary has watched from Mr. UNDERWOOD. Mr. Speaker, for (Rept. No. 104–544) on the resolution (H. his vantage point here on the Hill. my 5 minutes, I want to speak to the Res. 419) providing for consideration of All of us who know Gary will mark issue of language and its relationship the bill (H.R. 2149) to reduce regula- his retirement as the departure of a to immigration in this country. There tion, promote efficiencies, and encour- knowledgeable and dependable co- has been a great deal of debate in re- age competition in the international worker. Those of us who know him cent months about the issue of declar- ocean transportation system of the well, especially his friends in the ing English the official language of the United States, to eliminate the Federal Chamber security unit of the Sergeant United States. Much of this movement Maritime Commission, and for other at Arms, will note his retirement as we is fueled by a sense of resentment purposes, which was referred to the would the departure of a much-loved about trying to deal with new, diverse House Calender and ordered to be member of the family. elements in American society dealing printed. I understand Gary will be trading his with the pervasive sense of foreignness f station in the Speaker’s Lobby for the that many people have. People talk dif- woodlands of Maryland and Indiana— ferent, people look different, people act FAREWELL TO DOORKEEPER GARY his two homes. And let me tell you, as different. One of the ways that perhaps HEUER much as we will miss him, that does some people feel the way to kind of (Mr. ARMEY asked was given permis- not sound like a bad swap. But I hope bring some order into this is to declare sion to address the House for 1 minute.) he will not forget he also has a home in English the official language. Mr. ARMEY. Mr. Speaker, I would our hearts—the mat at the door will al- There is not much we can do about like to take a few moments here to ways read welcome. such resentment except to kind of wait H4164 CONGRESSIONAL RECORD — HOUSE April 30, 1996 awhile and see if people understand the communities related to their ethnic The President claims that the Constitution origins of where their resentment background. So this study challenges a forces him to veto the partial birth ban be- comes from; but there is also allied lot of commonsense assumptions about cause Roe v. Wade requires an exception for with this a great deal of misunder- the nature of linguistic assimilation serious adverse health consequences. But as the President and everyone familiar with standing and misimpressions and a this country. abortion law knows, neither the Roe Court lack of information about what immi- This really should be the basis of our nor any other has ever ruled on the constitu- grants are all about. understanding of why we may not need tionality of a law against killing a child dur- I want to bring some attention to a to declare English the official language ing the process of being born. It is also well study, a recent study, done by Prof. of the United States. It already func- known that a ‘‘health’’ abortion, as inter- Alejandro Portes, of the Johns Hopkins tions as the lingua franca of the coun- preted by the Supreme Court, includes rea- University, and Ruben Rumbaut of try. There are no problems associated sons having to do with a woman’s marital Michigan State, who have recently with that. Any attempt to introduce status and age, as well as for any reason rel- English as the official language is an evant to a pregnant woman’s social or emo- concluded a study entitled ‘‘Growing tional ‘‘well being.’’ In other words, the ex- up American: Dilemmas of the New attempt to solve a problem which sim- ception the President insists upon would Second Generation,’’ which I believe ply does not exist. only ensure the continued practices of par- refutes many, many of the misconcep- f tial-birth abortions for virtually any reason tions people have about immigrants. whatsoever. One of the things that perhaps we THE PRESIDENT’S VETO OF THE No claims about ‘‘what the Constitution need to bring to this debate about the PARTIAL BIRTH ABORTION BAN requires’’ and no rhetoric about ‘‘safe, legal role of immigrants in American society LEGISLATION and rare’’ abortions can camouflage the na- is certainly the role of language choice The SPEAKER pro tempore. Under a ture of this Presidential veto. It is a declara- previous order of the House, the gen- tion of unconditional support for abortion— and language use by such immigrants abortions under any circumstances and by in American society, in order to better tleman from Minnesota [Mr. any means whatsoever, even those bordering inform the debate about declaring Eng- GUTKNECHT] is recognized for 5 min- on infanticide. lish the official language of the United utes. We strongly urge Congress to override this States. Mr. GUTKNECHT. Mr. Speaker, I indefensible presidential veto and to begin to This study collected data from over probably will not take my 5 minutes. I bring a modicum of sanity to the abortion 5,000 children and is the largest study do want to take a few minutes tonight debate in our country. of its kind in recent history. There are and talk a little about a newspaper b 1930 those who want to establish English as that came to our house that we get the official language who believe and every month from the diocese of Wi- As I said, Mr. Speaker, this is one of frequently try to get others to believe nona. the strongest letters I think the Min- that English is somehow in jeopardy of Hubert Humphrey, who came from nesota Bishops have ever put together, becoming extinct because immigrants Minnesota, a great Senator from the but this is an important issue. I hope are not willing to learn English. other party, once observed that if you that all Americans will join in this de- In direct contrast to these assump- love your God, you must love his chil- bate, and I hope all Americans will tions, in San Diego, according to the dren. I want to talk for a few minutes pray for this Congress, pray for this na- Portes-Rumbaut findings, 90 percent of about the issue that was at the center tional leadership so that we can bring the respondents reported speaking Eng- of this month’s issue of the Courier an end to this grisly, destructive prac- lish well or very well, and in Miami, newspaper that is published by the dio- tice which the Congress is attempting this figure was over 99 percent. In fact, cese of Winona; that is, the partial to outlaw. If we can get the votes to also sometimes advocates of declaring birth abortion ban veto of the Presi- override this veto, we can bring an end English the official language have pro- dent by a few weeks ago. to this procedure once and for all in claimed that immigrants have too In some of the strongest language I the United States. strong a desire to retain their native think I have ever seen on the pages of f language, a desire which I do not find this newspaper, they take the Presi- MENTAL ILLNESS PARITY SHOULD problematic, but perhaps some people dent and the veto and the entire issue BE PART OF HEALTH INSUR- do. of the partial birth abortion ban to However, this study found that, sur- task. I would like to read for the ANCE REFORM prisingly, between 65 to 81 percent of RECORD, and I will place this into the The SPEAKER pro tempore (Mr. the children of immigrants preferred RECORD, a letter that was written by HUTCHINSON). Under a previous order of speaking English to their parents’ na- all of the Minnesota bishops to express the House, the gentleman from New tive language. So what we have, basi- their position on this issue, because, as York [Mr. TOWNS] is recognized for 5 cally, is a replication of the exact same I say, this is some of the strongest lan- minutes. linguistic assimilation process that ex- guage I think I have ever heard them Mr. TOWNS. Mr. Speaker, each year isted in this country at the turn of the use, and I think it needs to be part of mental health services are being pro- century, and it has been largely un- this debate. vided to millions of our constituents, documented and not well understood I think Americans of all faiths, representing every age, ethnic and eco- because people do not want to find out Americans of all particular stripes, and nomic group in the country. Unlike what exactly is going on in these com- frankly, an awful lot of Americans who many insurance policies, mental health munities. would describe themselves as pro- illness does not discriminate among its In fact, the exact opposite problem choice, find themselves somewhat sur- victims. The illness could hit any one. has been expressed by many immigrant prised by the veto, and are saying that And, without the proper treatment, communities where, in fact, language it is time that the Congress try to mus- leave an entire family scarred for life. loss is occurring at a very rapid rate, ter the votes so we can override this Mental illness can be every bit as de- something that should be of concern to veto. bilitating as other major medical ill- a country interested in educating its I want to read the letter that the nesses including heart disease and can- children, and certainly a country that Catholic bishops put together, because cer; like them, mental illness can be should learn how to value bilingualism it is such a strongly worded letter and successfully treated, enabling patients for its own sake. such a good letter. to return to productive lives. It would This study also pointed out that Let me read it: be unconscionable to legislate limits quite contrary to the common assump- President Clinton’s veto of the Partial on the scope and duration of treatment tion, if students live in kind of ethnic Birth Abortion Ban Act is no less offensive for cancer, heart disease or diabetes. enclaves or neighborhoods where they for being widely expected. We denounce it. Unfortunately, time after time, limits We do so not only from the resources of our have larger numbers of people from faith, but also as citizens who, like millions are placed on mental health services similar ethnic backgrounds, they actu- of others, fear that this veto further imperils and it is wrong. ally are likely to learn English faster the human rights principles that have guided For some strange reason there is a than people who live in more isolated our nation for over 200 years. stigma placed on mental illness and I April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4165 believe this stigma is the root of igno- larly under his stewardship, were im- diction funding of the last year of the rance. Mental illness is not due to mediately dashed when I first learned Bush administration. some sinful behavior. The stigma has that the President’s major activities I look forward to working with the kept many individuals from seeking were several Democratic fund-raising new drug czar, General McCaffrey, and help, and it has prevented health pro- events in the Miami area and I guess a the Members of Congress to turn this fessionals from providing needed serv- golf game and some other activities. I around But this is another policy for ices. It is my honest belief that if really thought he was going to come disaster. In fact, we must start getting health plans provided parity in their forth with a new strategy, but that was serious about narcotics control and we mental health coverage the stigma not the case. must take a new, positive direction, would be instantaneously removed. No Then I got my hopes up until I got a not the path so unsuccessful in the longer would patients be too embar- copy of the national drug control strat- past. rassed to seek help. And, no longer egy that was just released by the ad- f would providers be forced to turn pa- ministration. I had hoped that there IN MEMORY OF DONNIE MINTZ tients away, and discriminate between would be some solid solutions to some The SPEAKER pro tempore. Under a illnesses. of the problems, and I find that actu- previous order of the House, the gen- People with mental illness, severe ally it is just sort of repackaging in tleman from Texas [Mr. FROST] is rec- and otherwise, are just as sick as the sort of a slick cover some of the same ognized for 5 minutes. next person who is suffering from can- approaches that have proven so ineffec- Mr. FROST. Mr. Speaker, my friend 1 cer. The idea of not being able to think tive during the past 3 ⁄2 years. Donnie Mintz was buried yesterday in and reason for yourself is as disabled as What is particularly disturbing is New Orleans—the victim of a heart at- one can be. The only real and impor- this whole pattern from this adminis- tack that took his life too soon at age tant difference between physical ill- tration relating to drug abuse, sub- 53. nesses such as cancer, or heart disease stance abuse, and it started right after Donnie led a remarkable life and will is that mental illness is a disease of the the President came into office when he be missed by many. brain, and it appears to be more com- first of all dismantled the drug czar’s Donnie and I met 38 years ago in 1958 plicated. This disease can manifest it- office and fired the bulk of the staff. when we were teenagers attending a self in our centers of thought, reason, Most of the reductions in the Executive leadership training institute of the Na- and emotion and leave us totally de- Office of the White House, the tional Federation of Temple Youth in pendent on someone to think for us. downsizing, in fact, took place in the Kresgeville, PA. Two southern boys at Individuals in need of health benefits drug czar’s office. Then the President a camp of highly talented teenagers, for physical disabilities has come a ended drug testing for White House and mostly from the Northeast and Mid- long way. But mental health benefits executive staff members. west, Donnie and I became lifelong are not at the same level, even though Then the President in fact appointed friends. they serve an important population. Joycelyn Elders our chief health offi- Our lives intersected many times in These individuals are desperately in cer for the Nation, and she adopted a the years that followed. Donnie was need of insurance reform. According to policy of, instead of ‘‘Just say no,’’ her elected regional president of the the American Psychological Associa- theme was ‘‘Just say maybe.’’ Maybe Southern Federation of Temple Youth tion, overall national mental health we should allow legalization. Maybe we [SOFTY], and I was elected vice-presi- costs are small—only 7 percent of the should allow children to use drugs. dent of the Texas-Oklahoma Federa- total health care spending. Insurance Then we saw the reversal of the pol- tion of Temple Youth [TOFTY]. Later, carriers have traditionally limited icy in the Andean region, where we Donnie was elected national president mental health benefits out of fear that shared information with countries that of the temple youth movement, and I parity of coverage would attract poor were trying to stop drug trafficking. was elected national treasurer. risks, increase their costs, and put We denied radar and intelligence shar- Donnie attended Columbia Univer- sity in New York where he became a them at a competitive disadvantage. ing through a distorted policy of this During the 103d Congress I actively administration. Fulbright scholar and ultimately re- turned to Louisiana to earn a law de- worked to pass universal health cov- Then we saw the dismantling of gree from Tulane. While he attended erage and was pleased that the dispar- interdiction for 2 years under the Dem- Tulane, Donnie helped establish the an- ity of mental health benefits was ocrat control of the House. We saw nual direction speakers series and later brought to the forefront of that debate. them take apart a program which had was named to the Tulane Leadership Now in the 104th Congress, we have a so many successes in the 1980’s and early 1990’s of stopping the flow of nar- Hall of Fame. real opportunity to do something about Though at different schools, we were cotics into this country. this disparity. members of the same college frater- Then we saw drug treatment as the I urge the conferees to allow the nity, Zeta Beta Tau, and served in the major emphasis in the drug war. I mental health community a chance to same Army Reserve program [JAG] but be on equal footing with other illnesses heard my colleague from Indiana, Mr. in different cities. During those years, that are receiving benefits. SOUDER, say yesterday that drug treat- we would see each other at Army Re- f ment as the major emphasis in a drug serve summer camps. war is like treating only the wounded ADMINISTRATION UNVEILS NA- We shared a love for politics and in a conflict. We see the results of it talked about it often. I always thought TIONAL DRUG CONTROL STRAT- even in the President’s own strategy. EGY Donnie Mintz would be elected to pub- Adolescent drug use. If we look at lic office long before I would be. The SPEAKER pro tempore (Mr. this chart, in 1992 we see it going down. But Donnie’s life took a different GUTKNECHT). Under a previous order of In 1992, when this administration took path. He built a successful law firm in the House, the gentleman from Florida office, we see a dramatic, sharp in- New Orleans, was active in a variety of [Mr. MICA] is recognized for 5 minutes. crease. Every one of these chart figures civic causes and served numerous Jew- Mr. MICA. Mr. Speaker, I come to streaming off the chart there in mari- ish organizations on both a local and the House floor tonight to talk about juana, LSD, inhalants, stimulants. national level. Donnie served as chair- President Clinton and this administra- With marijuana, marijuana use in- man of the Anti-Defamation League’s tion’s supposedly new policy relating crease has dramatically leaped forward national advisory board. He also was to national drug control strategy. in the past 31⁄2 years. In fact, there has one of a few Jewish lay leaders chosen Yesterday the President was in my been a 50-percent increase in marijuana to meet with Saudi Arabia royalty State, and I was somewhat excited use among our adolescents for each of when Israel’s contacts with that coun- about the possibility of his coming to the last 3 years. try were minimal. He was granted a Florida and announcing a new drug So we see really a lack of leadership, papal audience. strategy. Unfortunately, my hopes for we see a lack of initiative, ideas, and In addition, Donnie served as chair- some new approach to this tremendous we see packaged again the same policy. man of the Louisiana Health Care Au- problem facing our country, particu- We are not even at the level of inter- thority, the Board of Commissioners H4166 CONGRESSIONAL RECORD — HOUSE April 30, 1996 for the Port of New Orleans, the Down- Downtown Development District and Child Welfare Act by retroactively en- town Development District and the the United Way, and president of the rolling with the Cherokee Nation. United Way. He was also president of metropolitan Area Committee, Kings- It took 31⁄2 years to finally reach a the Metropolitan Area Committee, ley House, Touro Synagogue and the conclusion in the courts, 31⁄2 years of Kingsley House, Touro Synagogue and Jewish Federation of Greater New Or- horror, sleepless nights and worry of the Jewish Federation of Greater New leans, and had served on the board of the unknown for this family who want- Orleans. Donnie also served on the numerous other civic organizations as ed nothing more than to provide a se- board of directors for the New Orleans well—always with an energy, a flair, a cure and happy home for the little boy Symphony. seriousness and a wisdom which helped they loved so much. His passion was for the city of New each organization reach unprecedented Mr. Speaker, night feedings, diapers, Orleans. Though a decided underdog, he achievements. He loved New Orleans, pediatricians, bottles and baths, birth- ran two very competitive campaigns and he sacrificed greatly to serve her. day parties, first steps, bedtime sto- for mayor falling just short each time. All of us who knew him, and the all ries, bedtime prayers, colic, car seats, After his attempts for mayor, Donnie very, very many whose lives were first words and lullabies, on and on and returned to his law practice and pur- bettered by his efforts, have been en- on, these are the joys of a family. But sued strengthening black-Jewish rela- riched by his life and are sorry for his for 31⁄2 years the normal joy was some- tions. passing. what subdued, because for 31⁄2 years the future of this family was unknown. He was extremely interested in the f subject because as Tulane Law School He would have been removed from Dean John Kramer said, ‘‘he felt the b 1745 the only home and family he ever bridges ought to be there. He felt the knew, and, Mr. Speaker, many courts THE QUINN FAMILY: ANOTHER have ruled this way. They misinterpret strong minority communities were the TRAGEDY CAUSED BY ICWA Jewish and the black communities, and the intent of ICWA, take these children the last thing that should happen was The SPEAKER pro tempore. Under a and send them to strange places. Now, that they should be turned against previous order of the House, the gentle- we must ask ourselves, is this what is each other. He never gave up.’’ woman from Ohio [Ms. PRYCE] is recog- in the best interest of the children in- He and his wife Susan raised two tal- nized for 5 minutes. volved? Is this what ICWA was in- ented children, Michelle and Arthur, Ms. PRYCE. Mr. Speaker, last week I tended to do? and always had time for me and my came to this floor to announce my Mr. Speaker, not only the legislative family whenever we visited New Orle- hopes that some minor changes can be history but common sense dictates ans. And when my career took me to made to the Indian Child Welfare Act that the answer is no. Very simple, the House of Representatives, he so that it will no longer have the minor reforms to the Indian Child Wel- hosted receptions in his home, intro- chilling effect it does on adoptions in fare Act would clarify these ambigu- ducing me to his friends. this Nation and so that it serves the in- ities. Membership in the tribe would be My most vivid memory of Donnie terests of children first. effective from the date of admission comes from that leadership institute in Last week I told of the heart wrench- and could not be applied retroactively the summer of 1958. On one of the first ing story of the Rost family from my as in the case of the Rosts and the days of the program, we took some own district in Columbus, OH, and Quinns and countless others. time off to play softball. When Donnie their still unresolved battle to adopt Mr. Speaker, ICWA was intended to came to the plate for the first time, he the twin girls they have had for almost stop State court abuses of native laid down a perfect bunt and raced to 3 years now. The girls, unbeknownst to American children in involuntary first base. As he reached the bag, he the Rosts, turned out to be 1⁄32 Pomo placements. It was needed and well in- stumbled, landed hard and suffered a Indian due to blood from a great-great- tended at the time. But it was not in- concussion. Near the end of the 2-week great-grandparent. The twins and their tended to interrupt voluntary adoption institute, we played softball again. adoptive parents still fear the day that proceedings. As it is currently written, Donnie now recovered from a serious the courts rule the twins be returned ICWA is a factor in every single adop- injury, came back up to bat. On the to a dysfunctional abusive environ- tion in this country because it is hard first pitch, he laid down a bunt iden- ment due to a twisted, inaccurate, yet to say, and almost impossible to deter- tical to the one on the play when he far too common application of the In- mine what child may or may not, had been hurt, and beat the throw to dian Child Welfare Act. through some remote part of its herit- first. Donnie was not intimidated by Today I want to share with you an- age, be some part Native American. adversity. He never backed off from a other of the countless horror stories I And who can prepare for a law being challenge and he lived his life at full have heard from all over our country. applied retroactively, no matter how speed. This case took place in the State of diligent and careful? The simple and minor changes to Donnie Mintz touched the lives of Washington, where the Quinn family 1 ICWA will preserve the intent of the many people. His city, his State and spent 3 ⁄2 years fighting for custody of act, ensuring the culture and heritage his Nation are better because of him. their son, Loren. of Native Americans, and at the same He will be missed. This couple had worked with a 14- time protect the rights of birth par- f year-old biological mother for 7 months prior to the birth of a baby ents, adoptive parents, and, above all, IN MEMORY OF DONALD MINTZ boy. They were even present to cele- the children. (Mr. LIVINGSTON asked and was brate the birth mother’s 15th birthday. Mr. Speaker, I can almost guarantee given permission to address the House The prospective parents attended the that every Member in this body has at for 1 minute and to revise and extend birth of the little boy at the invitation least one case of a judicial abuse of his remarks.) of the birth mother and and later took ICWA in their districts. I urge my col- Mr. LIVINGSTON. Mr. Speaker, my him into their home, honoring her leagues to support these changes. Con- home city of New Orleans lost a great wishes. There they loved and nurtured gress created these ambiguities, with leader and a good man on Sunday when him. all the best intentions, in 1978. It is my friend Donald Mintz died in his Weeks later, they got the horrible time for Congress to correct them and sleep. Donald was a civic activist who message, the worst fear of all adoptive stop the heartbreak. worked unceasingly to improve living parents, that nightmare that becomes f conditions in his city and a national a reality, that the birth mother had The SPEAKER pro tempore. Under a Jewish lay leader who strove mightily changed her mind and wanted the child previous order of the House, the gen- to help those of different races and back. tleman from Massachusetts [Mr. MAR- faiths understand and work better with Although she had voluntarily relin- KEY] is recognized for 5 minutes. each other. quished custody of her child, even cho- [Mr. MARKEY addressed the House. In New Orleans, Donald had been sen this couple, she attempted to re- His remarks will appear in the Exten- chairman of the Dock Board, the verse her decision under the Indian sions of Remarks.] April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4167 FIRST LADY’S FINGERPRINTS ON any one of those pieces. Investigators termine where the records were, why it took BILLING RECORDS and various Clinton administration of- so long to find them and whether there are grounds to bring obstruction of justice The SPEAKER pro tempore. Under a ficials said at the time that it was not unusual, because fingerprints do not charges against anyone for failure to produce previous order of the House, the gen- them. tleman from Indiana [Mr. BURTON] is attach themselves easily to paper. Newsweek reported in the issue on news- recognized for 5 minutes. Now, here we have the President’s stands today that Clinton’s fingerprints are Mr. BURTON of Indiana. Mr. Speak- wife, the First Lady, Hillary Rodham among those the FBI has found on the docu- er, Newsweek magazine reported this Clinton, her fingerprints are all over ment. Deputy White House counsel Mark week that the FBI had discovered Mrs. these telephone records that nobody Fabiani said the administration has no inde- Hillary Rodham Clinton’s fingerprints could find for 2 years and were found in pendent knowledge of the fingerprint analy- their residence, while they were under sis. ‘‘In January we said it was possible Mrs. on billing records from the Rose law Clinton handled these records during the 1992 firm discovered at the White House in subpoena, incidentally, and they are saying that it is not unusual for the campaign, so this report should not be sur- January. These billing records have prising,’’ he said. Clinton said she did not re- been under subpoena and could not be fingerprints to be attached to paper, call whether she looked at the document found for over 2 years. Nobody knew and that she probably attached them during the campaign. where they were. And yet, just re- to those documents in 1992 during the Fingerprints can remain intact on some cently, they were found in President Presidential campaign. materials, including paper, for years. The billing records show that most of Clin- Clinton and Mrs. Clinton’s personal Now, you cannot have it both ways. Either it can be attached to paper, you ton’s work for Madison was on the Castle residence at the White House by Mrs. can get fingerprints on paper, or you Grande project. That real estate project led Clinton’s secretary. cannot. Her fingerprints were on the to indictments, including some of the Independent counsel Kenneth Starr is charges in the ongoing criminal trial in Ar- investigating to determine if anyone documents, but the fingerprints were kansas of Madison operators James B. and obstructed justice by hiding the sub- not on Vince Foster’s alleged suicide Susan McDougal. The Clintons and poenaed records. The billing records note. McDougals were joint owners of Whitewater, Adding to the mystery, the first two supply important information about another land venture in the Ozarks. In the times that the White House counsel at Mrs. Clinton’s work for Madison Guar- billing records, Castle Grande is referred to the time, Bernie Nussbaum, search under the name ‘‘IDC,’’ the entity that sold anty Savings & Loan and the Castle Vincent Foster’s briefcase, he did not the land to Madison. Grande real estate projects. Arkansas find any torn up note. The note was During interviews with federal investiga- Governor Jim Guy Tucker, who at the found 6 days later when another White tors in 1994 and 1995, Clinton was unable to time this was taking place was the recall most of the work that she did for House aide searched the briefcase for a Lieutenant Governor under President Madison. third time. Clinton, is on trial right now in Arkan- In particular, she said she was unable to Now, Mr. Speaker, it has to be one recall doing any work on Madison’s Castle sas for fraud because he defaulted on way or the other. If fingerprints attach Grande real estate venture. The Rose billing loans over $1 million related to Castle themselves easily to paper and stay records were discovered this year by Carolyn Grande. there for years, there is no explanation Huber, a White House aide who handles per- Now, Mrs. Clinton was the billing for why Vincent Foster’s note had no sonal correspondence for the Clintons, as she partner at the Rose Law Firm for the fingerprints on them, especially since unpacked items that had been in the ‘‘book Madison Guaranty Savings & Loan ac- room’’ in the White House residence. How it had been torn into 28 pieces. And if count. However, she stated in a sworn the document got to the book room remains fingerprints do not attach themselves statement to the Resolution Trust Cor- a mystery. easily to paper and if they wear off David E. Kendall, the Clintons’ attorney, poration that she did very little work quickly, then Mrs. Clinton must have and White House special counsel Jane for Madison Guaranty and could not re- handled the billing records more re- Sherburne, called before the Senate call the Castle Grande project. cently than her aides are saying, which Whitewater committee in January, testified Yet, these mysterious billing records, was 4 years ago, in 1992. that they realized the document—and the that could not be found for over 2 years Mr. Speaker, this is something else circumstances of its discovery after two that were just found, tell a different years—would be of great interest to inde- that I hope we get to the bottom of. story. They show that she had 14 meet- pendent counsel Kenneth W. Starr and the Those records were subpoenaed over 2 ings and conversations with Madison committee. years ago. They should have been given executives about Castle Grande and she Sherburne said she raised the issue of to the independent counsel. They are whether Starr would want to check the docu- drafted a comprehensive option agree- not. They were found in the White ment for fingerprints and questioned wheth- ment for this project. House Presidential residence. They had er they should turn it over to Starr before Regarding the fingerprints, White the First Lady’s fingerprints all over copying it. House lawyers told reporters that Mrs. After a discussion, she, Kendall and a law- them. Clinton reviewed the billing records yer for Huber decided to examine and copy There is something very mysterious during the campaign in 1992. Now, this the document and to notify Starr and the about this. It should be explained fully sounds strange, because if she reviewed Senate committee the following day. to the American people. They were sub- Republicans contended that Sherburne and them in 1992, she should have remem- poenaed. They may have been an ob- Kendall had knowingly made it more dif- bered that she had done extensive work struction of justice, keeping those ficult to obtain fingerprints from the on this project and on this comprehen- records from the independent counsel. records. sive option agreement for the project. Yesterday, a White House official who re- If that is the case, somebody should be Anyhow, they said that the finger- fused to be named accused Starr’s office of held accountable for it. prints on the telephone records can re- leaking the results of the fingerprint analy- main intact on paper and other mate- [From the Washington Post, Apr. 29, 1996] sis, although the official said he didn’t actu- rials for years, so her fingerprints on FIRST LADY’S PRINTS ON DOCUMENT, ally know the source of the information. MAGAZINE SAYS ‘‘It is not surprising that this outrageous the billing records do not necessarily (By Susan Schmidt) leak should come at a time when independ- mean that she saw the records re- ent counsel Starr is being criticized for al- cently. Hillary Rodham Clinton’s fingerprints have been identified on the legal billing lowing the erosion of public confidence in Now, this is very interesting, Mr. records that were discovered in the White the fairness of his work because of his con- Speaker, because when Vincent Foster House In January, according to a published tinuing partisan affiliations,’’ said the offi- died, you remember Vincent Foster, report. cial. Clinton aides have recently insisted the assistant counsel to the President The records, sought for more than two that Starr’s Republican credentials and out- at the White House, when Vincent Fos- years by Whitewater special investigators side legal work for clients with interests ad- and the subject of several subpoenas, consist verse to the government render him unfit to ter died, a suicide note was found in his conduct an impartial probe. briefcase. At least that is what they of a 116-page computer printout detailing work Clinton and other lawyers at the Rose called it. Despite the fact that it had [From Newsweek, May 6, 1996] Law Firm did during the 1980s for the now- been torn into 28 pieces, you have to failed Madison Guaranty Savings & Loan. TELLTALE FINGERPRINTS? tear it to get 28 pieces 14 of 15 times, The independent counsel’s office asked for As President Clinton prepared for his there was not one single fingerprint on the fingerprint analysis in an attempt to de- videotaped testimony in the trial of his H4168 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Whitewater partners James and Susan ping, spending for those industries was that will come out of Congress this McDougal, independent counsel Kenneth relatively flat during the years health year, because MSAs will cut costs, pro- Starr has received new evidence in his probe care costs were soaring. vide choice, promote healthy lives and of the discovery of Rose Law Firm billing MSA’s would encourage the same save money for the consumers. Is that records in the White House last summer. not what the epitome of reform is? Sources close to the inquiry told Newsweek’s kind of consumer response for health Michael Isikoff that FBI experts have identi- care. By forcing doctors and hospitals f to compete for patients who are con- fied Mrs. Clinton’s fingerprints on the docu- MILITARY PREPAREDNESS ments. The records, detailing her work for cerned about quality and cost, health McDougal’s Madison thrift, were subpoenaed care spending will slow down. Ulti- The SPEAKER pro tempore (Mr. in 1994 but not turned over until this Janu- mately, this competition will lead to GUTKNECHT). Under a previous order of ary. sales on important services, such as the House, the gentleman from Califor- The documents include computer printouts mammograms. nia [Mr. HUNTER] is recognized for 5 and photocopied pages made during the ’92 Likewise, MSA’s will provide a real minutes. campaign. They were removed from the Rose Mr. HUNTER. Mr. Speaker, I have firm in ’92 by the late Vince Foster. Mrs. incentive to shop around for the best values and alternatives when non- here in my hands a Marine ammo Clinton has said she had ‘‘no idea’’ the pa- pouch. This is the type of a pouch that pers were in the White House. Her lawyer emergency treatment is needed. The the Marine Corps infantryman uses to David Kendall later said ‘‘it is possible’’ Mrs. incentive? Consumers will keep the put his M–16 rounds of 5.56 millimeter Clinton was shown the records in ’92, but money they save. rounds in for combat operations. This ‘‘she does not recall.’’ Kendall now says the Critics of MSA’s claim that this in- empty Marine ammo pouch represents fingerprint discovery is ‘‘not surprising.’’ At centive will lead healthy people to the least, the findings show Mrs. Clinton re- yet another symbol, really, of the Clin- choose MSA’s, leaving sick people in a viewed the records in ’92, undercutting her ton Defense budget coming apart at the separate, and therefore, more expensive claim she couldn’t recall many of the mid- seams. ’80s meetings they cover. And, says one health insurance pool. But while many Pursuant to conversations and brief- source, they could be ‘‘critical’’ in building a healthy people will choose to save ings that we had with the Marine Corps potential obstruction-of-justice case against money, the sick will also choose MSA’s and other services, when I asked as the her. Starr’s office declined to comment on because their out-of-pocket costs will the FBI finding, but Newsweek has learned chairman of the Procurement Sub- be less. committee on National Security if the prosecutor is intensifying his inquiry. In Moreover, during recent health care recent weeks, Mrs. Clinton’s chief of staff, they had enough ammunition to fight Maggie Williams, and close friend Susan debates, a rallying cry on both sides of two regional conflicts, which is what Thomases have been recalled by a grand jury the aisle was choice. MSA’s provide we want our Marines and our Army to for further questioning about the records. that choice for consumers, and that is be able to fight, the Marines said can- f exactly what MSA’s are about. didly, no, Congressman, we do not. And And what is wrong with giving a MEDICAL SAVINGS ACCOUNTS, we said, well, how short are you of am- break to people who take care of them- munition? And they sent over a list of THE EPITOME OF HEALTH CARE selves, exercise regularly, watch what REFORM the ammunition that they were short; they eat and drink, and don’t smoke? included in it is $30 million in basic M– The SPEAKER pro tempore. Under a Don’t they deserve something for their 16 bullets. That is 96 million bullets previous order of the House, the gen- efforts? that the Marine Corps infantrymen are tleman from Illinois [Mr. LIPINSKI] is We as a society are already subsidiz- short, should they have to fight two re- recognized for 5 minutes. ing those who abuse drugs and alcohol gional conflicts. Mr. LIPINSKI. Mr. Speaker, I rise to- and are severely overweight. According That means if we got into a fight in night to say a few words about our to one recent study, one out of every the Persian Gulf, like the one we had health care system. The current debate four welfare mothers uses illegal drugs with Saddam Hussein, and then at the over changing our system seems to or drinks excessively. In addition, it is same time, we saw the North Koreans have fallen victim to partisan political documented that Medicaid recipients moving down the Korean Peninsula and posturing. That is unfortunate. use prescription drugs 2.2 times as we had to stop them with Marines, Three years ago, along with a dozen much, see their doctors 3.6 times more, with soft bodies, those Marines would of my Democratic colleagues, I cospon- and visit the hospital 4.5 times as often not have enough ammunition to do sored legislation to create medical sav- as those who have their own insurance. their job and protect themselves be- ings accounts, most commonly known So I ask again, what is wrong with cause this administration has come up as MSA’s. Today, I am still a Demo- giving people a break for taking care of millions of dollars short in ammuni- crat, and I am still a supporter of themselves? tion. MSA’s. There are additional reasons that Now, last week we had a hearing on MSA’s are an idea whose goal is to MSA’s are good for the consumer. safety, aviation safety, after the F–14s re-introduce the consumers’ best inter- MSA’s will reduce administrative over- crashed. We had three F–14 crashes be- ests into the health care market place. head as small bills will be settled and fore the hearing, one right after the Clearly, consumers’ needs are not being paid directly between provider and hearing. At the same time, we had met. For instance, when was the last consumer. They will also increase the three of the Harrier jump jets, those are time a mammogram sale was adver- record low savings rate of Americans. vertical takeoff jets, that the Marines tised? Lastly, since MSA’s provide an incen- use. And the Marine aviation leaders We see advertisements concerning tive to stay healthy, preventive medi- told us that the Clinton administration sales on eye check-ups, eyeglasses, and cine will be encouraged. does not intend to make the safety up- frames—we even receive mailings on These are the reasons I support the grades to 24 of those Marine Harrier teeth cleanings and annual dental MSA concept when I first heard about jump jets. They further told us that exams. So what is the difference? it, and these are the reasons I support those safety upgrades that they make Typically, an individual’s health care MSA’s today. the aircraft 40 percent safer for the expenses are paid for by their insur- b pilot flying it. ance policy, so there is never a thought 2000 Now, when you consider that about 30 about finding premium care at low But there is an additional and very percent of our Harrier jump jets have costs. Why? Because people are spend- powerful reason why I still support crashed, that is a pretty big safety ing the insurance company’s money, MSAs. They are clearly successful margin and a penny-wise and pound- not their own. where they are being offered, in spite of foolish move for the Clinton adminis- But when it comes to spending Congress’ failure to act on the needed tration to make, to cut safety upgrade money on eyeglasses or for a dentist— changes in the Tax Code. money out of the budget. But this is a money that typically comes right out So I say to my colleagues, as we pre- result of these massive defense cuts of one’s own pocketbook—cost, service, pare to reconcile the House and Senate that the Clinton administration is ad- and quality suddenly become impor- health reform bills, include MSAs in ministering to the men and women who tant. In fact, due to cost effective shop- any health insurance reform measure serve in the Armed Services. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4169 Well, once again the cavalry is com- for those Marines to be fully equipped other counties throughout North Caro- ing to the rescue and under the leader- in wartime, and a lot of other equip- lina, following the 1991 minimum wage ship of the gentleman from South ment. increase. Carolina, FLOYD SPENCE, the chairman f A recent survey of employment prac- of the Committee on National Secu- tices in North Carolina after the 1991 THE WORKING POOR rity, we have put in today in the pro- minimum wage increase, found that curement markup enough money for The SPEAKER pro tempore. Under a there was no significant drop in em- every one of those 93 million bullets previous order of the House, the gentle- ployment and no measurable increase that the Marine Corps is short under woman from North Carolina [Mrs. in food prices. the Clinton administration’s budget. CLAYTON] is recognized for 5 minutes. The survey also found that workers’ We have also put into the budget Mrs. CLAYTON. Mr. Speaker, be- wages actually increased by more than today enough money to make every tween 1979 and 1992 the number of the required change. one of those 24 upgrades, safety up- working poor in America increased by In another study, the State of New grades, for the Harrier jump jets so our 44 percent. Jersey raised its minimum wage to Marine pilots will be able to fly them Some may not care about that—I do. $5.05 while Pennsylvania kept its mini- in a condition which is 50 percent safer I care that millions of our fellow citi- mum wage at $4.25. than the condition the Clinton admin- zens are holding down jobs, while slid- The researchers found that the num- istration would have them flying in. ing into poverty. ber of low wage workers in New Jersey Mr. BURTON of Indiana. Will the It’s not fair. We can begin to correct actually increased with an increase in gentleman yield? some of that unfairness by increasing the wage, while those in Pennsylvania Mr. HUNTER. Mr. Speaker, I yield to the minimum wage. remained the same. the gentleman from Indiana. I also care about this Nation’s small Mr. Speaker, sometimes we must Mr. BURTON of Indiana. Mr. Speak- businesses—the backbone of our econ- commit our young people to war and, er, this is very, very disturbing, be- omy. during those times we recognize that cause we have been led to believe, I and I would not promote a policy to help sacrifices must be made. all my colleagues, have been led to be- the working poor if it was shown that Small businesses in Onslow County lieve that our military preparedness is such a policy would substantially hurt sacrificed for the Persian Gulf war. adequate for almost any eventuality. small businesses. But, Mr. Speaker, we do not have to We have been to Somalia, we are now Sometimes we are given false commit our young people or any of our in Bosnia, we have 20, 25, 30,000 troops choices—employees with livable wages citizens to poverty, especially when over there, we have aircraft carriers can be helpful to small businesses’ they are ready, willing and able to over there, and the gentleman is saying profits. work. that we are short on bullets as well as According to the best evidence I have An increase in the minimum wage other areas of preparedness? That is seen, a modest increase in the mini- may not keep us out of war, but it can very distressing. mum wage will help the working poor, keep working Americans out of pov- Mr. HUNTER. I am telling my friend without hurting small businesses sub- erty. the story gets worse. We are $30 million stantially or over a period of time. The President’s proposal would in- short on basic bullets, that is M–16 Not long ago, the New York Times crease the minimum wage 90 cents over ammo for the riflemen. Total, we are told the story of a town in my state of 2 years—just as we did in 1991. In 1991, about $365 million short on ammuni- North Carolina and that town’s experi- the increase enjoyed bipartisan sup- tion, if we count the mortar rounds we ence the last time the minimum wage port, with President George Bush sign- are short, the howitzer rounds and all was raised. ing the Bill. the other types of ammunition that go Jacksonville is located in Eastern Since 1991, the minimum wage has re- into a Marine amphibious force. North Carolina, just outside of my con- mained constant, while the cost of liv- Mr. BURTON of Indiana. Mr. Speak- gressional district. ing has risen 11 percent. Greater than er, if the gentleman will continue to The civilian population of Jackson- one-third—36 percent—of all minimum yield, the reason this is very distress- ville is 80,000, but it is also home to wage workers are the sole wage earner ing to me is President Carter had the 40,000 marines at Camp Lejeune. in a family. Fifty-eight percent of all same kind of policy that the gentleman When the marines went to the Per- poor children have parents who work is talking about during his administra- sian gulf war in 1990 and 1991, the econ- full-time. tion, and when Ronald Reagan came in, omy of Jacksonville suffered—small In my view, the best welfare reform we had seen 10 or 11 countries go Com- businesses were hurt. is a job at a livable wage. Raising the munist because, first of all, we did not But, according to the New York minimum wage would make it easier have that determination to deal with Times, when the minimum wage was for people to find an entry level job them; and, second, we were not mili- last raised—for the first time in two that pays better than a government tarily prepared. And if we are not mili- decades—in 1991, the economy of Jack- subsidy, and creates a strong incentive tarily prepared, we are going to have sonville did not suffer. Small busi- to choose work over welfare. problems with some of these terrorist nesses were not hurt. That same New York Times article states: Iran, Iraq and some of these In fact, following that increase in the profiled a young woman waitress, who others, Libya, that are trying to get minimum wage, unemployment in was saving to buy a new, $20,000 mobile nuclear weaponry and delivery systems Onslow County, where Jacksonville is home to replace the one she bought now. situated, declined. used for $2,500. It seems her goal is not So I think it needs to be made very In fact, unemployment declined by threatened by a possible increase in the clear to everybody that is paying at- more than a half of a percent, following minimum wage. tention, all of our colleagues, that the first incremental increase, and by Notwithstanding the possible mini- without military preparedness we 11⁄2 percent, following the second in- mum wage increase, the competition could have all kinds of problems like crease. just introduced a new menu, with lower we had back in the early 1980’s because And, notably, employment in the prices. we were not prepared. County’s restaurants grew from 3,180, Let’s pass H.R. 940, the minimum I remember back then when I came the year before the first increase, to wage increase. It is the right thing to to Congress we had people in training 3,778, the year after the second in- do. It is the fair thing to do. I care exercises that were using dummy shells crease. about small businesses, and it will not in order to prepare. And that is some- And, Mr. Speaker, the total number hurt small businesses. thing we cannot tolerate. of restaurants in the County grew too f Mr. HUNTER. Mr. Speaker, the gen- during that same period of time, from The SPEAKER pro tempore. Under a tleman is absolutely correct, but the 204 to 225. previous order of the House, the gen- Republicans are coming to the rescue The experience in Onslow County was tleman from Pennsylvania [Mr. and we are going to have enough ammo apparently similar to the experience of WELDON] is recognized for 5 minutes. H4170 CONGRESSIONAL RECORD — HOUSE April 30, 1996 [Mr. WELDON of Pennsylvania ad- bill, as it has come to be called, in crease for the average American be- dressed the House. His remarks will ap- order to achieve incremental health cause insurance companies would be pear hereafter in the Extensions of Re- care reform, particularly as it deals left with only sicker and more costly marks.] with what we call portability; that is enrollees in their health insurance f the ability for someone to take their plans. Mr. Speaker, so basically what the The SPEAKER pro tempore. Under a insurance with them if they change medical savings accounts do is provide previous order of the House, the gen- jobs or if they lose their job or become self-employed, and also with regard to a tax break, if you will, for the healthi- tleman from California [Mr. RIGGS] is est and wealthiest among us. That recognized for 5 minutes. preexisting conditions. As many of my colleagues, I am sure, means that by dividing the insurance [Mr. RIGGS addressed the House. His are aware, right now if one has a debili- pool so that the healthiest and wealthi- remarks will appear hereafter in the tating condition or some sort of health est Americans are taken out of the in- Extensions of Remarks.] condition that would probably result in surance pool, which relies on having all f a greater amount of health care, many types of people in it, would be divided. The SPEAKER pro tempore. Under a insurance companies in many States The sicker and the poorer people would previous order of the House, the gentle- will simply not provide insurance to remain, which would result in the in- woman from Oregon [Ms. FURSE] is rec- such an individual, even when they are surance companies having to raise ognized for 5 minutes. willing to pay for it. their premiums. Most important, though, in terms of [Ms. FURSE addressed the House. So President Clinton, who, as many what I believe the Republican leader- Her remarks will appear hereafter in of us know, was instrumental in trying ship here in the House was trying to the Extensions of Remarks.] to raise the attention of the American public and the Congress a few years ago accomplish by adding these provisions, f to the need for health care reform and the medical savings accounts, to the The SPEAKER pro tempore. Under a the need to provide more Americans Kennedy-Kassebaum bill, was essen- previous order of the House, the gen- with health insurance coverage, ac- tially that they were trying to pay off, tleman from Washington [Mr. knowledged in his State of the Union if you will, or provide a financial wind- METCALF] is recognized for 5 minutes. Address that although he had not been fall for the Golden Rule Insurance [Mr. METCALF addressed the House. able to achieve a system of universal Company, whose top executive has His remarks will appear hereafter in health care coverage, that did not given Republican political committees the Extensions of Remarks.] mean that we should not try to move over $1 million in contributions in the f in an incremental way, in a small way, last 4 years. Now, Democrats in the toward some health insurance reform. House offered a straightforward health The SPEAKER pro tempore. Under a insurance reform bill as a substitute b 2015 previous order of the House, the gen- for this more controversial bill with tleman from Florida [Mr. WELDON] is He called upon the Congress to pass these added provisions. recognized for 5 minutes. the Kennedy-Kassebaum bill this ses- The Democratic substitute would [Mr. WELDON of Florida addressed sion and indicated that he would sign have prohibited many of the current the House. His remarks will appear it once it passed both the House and unfair insurance practices which fail to hereafter in the Extensions of Re- the Senate. If I could just say very protect individuals and families with marks.] briefly the Kennedy-Kassebaum bill es- significant health problems and make f sentially would make it easier for it difficult for small businesses to ob- workers who lose or change jobs to buy The SPEAKER pro tempore. Under a tain quality coverage for their employ- health coverage, and it would limit the previous order of the House, the gen- ees. The Democratic substitute would length of time that insurers could tleman from Michigan [Mr. SMITH] is have made it easier for people who refuse to cover an applicant’s preexist- recognized for 5 minutes. change or lose their jobs to maintain ing medical problem. Hence, again, the adequate health insurance coverage, [Mr. SMITH of Michigan addressed main purpose of it is to increase port- just like the original Kennedy-Kasse- the House. His remarks will appear ability for health insurance and to baum bill. It also included a provision hereafter in the Extensions of Re- abolish the situation with those with whereby the self-employed could de- marks.] preexisting conditions who would not duct 80 percent of their health insur- f be able to get health insurance. ance costs. Now, the Senate last week passed the Now, of course, when a bill passes the HEALTH CARE REFORM UNDER Kennedy-Kassebaum health insurance House and a different bill passes the THE KENNEDY–KASSEBAUM BILL reform bill unanimously, 100 to 0. Un- Senate, they have to go to conference, The SPEAKER pro tempore. Under fortunately, here in the House of Rep- and in the conference they come up the Speaker’s announced policy of May resentatives, much earlier, a few weeks with an agreement on what bill would 12, 1995, the gentleman from New Jer- earlier, perhaps a month earlier, we finally come back to both House of sey [Mr. PALLONE] is recognized for 60 passed a bill that included and added to Congress and be considered before it minutes as the designee of the minor- the Kennedy-Kassebaum measure a goes to the President. What we have to ity leader. number of controversial provisions hope is that when this conference oc- Mr. PALLONE. Mr. Speaker, this that, I believe and I think are almost curs that the conference committee evening I would like to talk about universally recognized, would doom the will drop the controversial House pro- health care reform, and particularly chances of this legislation becoming visions and send a bipartisan bill to the the effort that has been put into legis- law. House or Senate floor for final approval lation and has been passed now in both Among the special interest provi- that can pass. houses that was sponsored in the Sen- sions in the House bill are the so-called Mr. Speaker, I wanted to go into, in ate by Senators KASSEBAUM and KEN- medical savings accounts, tax-free sav- the time that I have tonight, a little NEDY on a bipartisan basis and here in ings accounts from which participants more detail about some of the dif- the House by the gentlewoman from could pay for everything but cata- ferences between this House and the New Jersey, Congresswoman ROUKEMA, strophic health care costs. The problem bill and why I believe very strongly who is a Republican, as well as a num- with such accounts, although they may that we must bring something very ber of Democrats. seem like a good idea on their surface, similar to the Senate bill, in other This reform was essentially put into is that they would be a good deal only words the original Kennedy-Kassebaum motion, I believe earlier this year, for the healthiest, wealthiest people in bill, to the floor if we are ever going to when President Clinton, in his State of our health care system, those who do see health insurance reform this year. the Union Address, called upon both not have the high health care costs Let me comment a little bit on the the House of Representatives and the that they have to incur on a regular politics, if you will, of the Republican Senate to pass the Kennedy-Kassebaum basis. But health insurance would in- leadership in the House basically would April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4171 profit because of the insurer, the Gold- represents everything that is wrong should strike three provisions in the en Rule Insurance Company that has with health care in America. She as- House version, that the conference ties with the Republican Party. Again, serted that the company had resorted committee should not include if this I do this not because I want to say ter- to lies and half-truths, telling policy- bill is eventually to become law. rible things about the Republican lead- makers their premiums would soar. First, they mentioned it imposes ar- ership but because I hope that by ex- In Kentucky, another State that was bitrary caps on financial rewards for posing what really is happening here, considering this legislation, State Rep- malpractice suits, thereby protecting and that is to provide this big windfall resentative Ernest Scorzone, a Demo- doctors from patients who have been to this particular insurance company, crat, said the Golden Rule had run a needlessly disfigured or worse. Whether we will then allow that provision on campaign of disinformation, misin- or not you agree with malpractice re- the medical savings accounts to be formation, and outright deception. form, it should not be in this bill be- dropped and will not come to the floor Mr. Speaker, what we are trying to cause it makes it more difficult for again and will essentially disappear. point out is that Golden Rule, not only this bill to pass. Second, it would pro- But let me talk to you a little bit on a Federal level but also on a State vide a tax break for medical savings about this Golden Rule Insurance Com- level, has not been helpful in terms of accounts, and again the New York pany that basically will profit from the the whole issue of health care reform, Times is critical of the medical savings medical savings account provision. particularly as it pertains to the issues accounts because they say that it will Now, this is a health insurance com- of portability and trying to abolish basically give tax breaks to the pany, as I said, with close political and preexisting conditions, which are the wealthy and healthy, divide the insur- financial ties to Republican leaders, hallmark, if you will, of the Kennedy- ance pool and increase premiums for OK? The company, the Golden Rule In- Kassebaum bill. everyone else. surance Company, sells a special type Now, one of the main reasons why I The third flaw they mentioned in the House then is a provision to encourage of health insurance that would have to and others are concerned about these small employers to band together into be purchased by people with these tax- extra provisions that have been added purchasing cooperatives that would be free accounts, the medical savings ac- to the House version of this health care allowed to steer clear of chronically ill counts. Many of the Democrats of reform is because we are totally con- applicants. The Senate bill on the course have denounced this as bad vinced that these additions will imperil other hand encourages small employers any possibility of getting health care health policy. Essentially what we are to form purchasing cooperatives but reform or health insurance reform saying is that the Republicans are under rules that would prohibit dis- doing this to reward the Golden Rule passed this year. I think my colleagues understand crimination. What the New York Times Insurance Company. Its former chair- said is the conference committee that, in order to get something passed man, J. Patrick Rooney, basically his should essentially adopt the Senate through the House and the Senate and father founded the company. His fam- bill, and that would accomplish a lot finally passed by the Senate, signed by ily still controls it. because it would make it possible to If I could just make some comments the President, you have to have a con- get this bill finally passed. about or take some quotations from a sensus. You have to have agreement. If Now, lest my colleagues think that New York Times article Sunday, April you have some basic provisions, like we we do not have anything to worry 14 of this year that talked about the are trying to make it easier for people about and that in fact the conference Golden Rule Insurance Company. I will to transfer their insurance between committee, when it meets, is going to specifically make reference to one of jobs, or that we do not want preexist- report out a clean bill, like the Senate my colleagues, Representative CYNTHIA ing conditions to be a basis for whether version without the medical saving ac- MCKINNEY, a Democrat of Georgia, who or not you get coverage, it is fairly counts and these other riders that asked on the House floor when this bill easy to get a consensus on those provi- would make it more difficult to pass, came up why medical savings accounts sions in the Kennedy-Kassebaum bill. let me assure you that there are a were included. She said: You just fol- But if you start loading this legislation number of forces out there that are low the money. up with the medical savings accounts, working very hard to get the medical The Golden Rule Insurance Co. has with malpractice reforms, with myriad savings accounts, these tax breaks, if given more than $1.4 million to the other things, many of which have been you will, for the healthy and the GOP, and, coincidentally, Golden Rule included in the House version, then you wealthy, included. just happens to be the premier com- will never get the health reform insur- First of all, in today’s Wall Street pany peddling medical savings ac- ance passed in time. Journal there was an editorial that counts. Common Cause, the public af- Mr. Speaker, we only have another strongly urged Presidential candidate fairs lobby, said that Mr. Rooney and probably 6 months before the election DOLE to move ahead and insist that the John M. Whalen, the Golden Rule’s and the new Congress. This is one thing conference include medical savings ac- president, had given more than $117,000 that we can get passed on a bipartisan counts. He, the Republican Presi- to GOPAC, the political action com- basis, and we should try to do so. Sen- dential candidate, has sworn that he mittee that helped Mr. GINGRICH take ator KASSEBAUM, a Republican from will back MSA’s, the medical savings control of the House. And Golden Rule, Kansas, has repeatedly warned that, if accounts, in the health bill. In fact, it interestingly enough, has resisted ef- House Republicans are successful in has been very difficult for the other forts by several States to require the getting MSA’s, the medical savings ac- body to actually appoint conferees to sale of health insurance to all appli- counts, approved in the final con- this conference committee because the cants and to limit premium variations. ference report, the result could dev- Republican Presidential candidate is in Although we are trying to accom- astate health insurance. She said, and I fact trying to assure that proponents plish certain goals with health insur- quote: ‘‘I would hate to see them in- of medical savings accounts are in- ance reform here in the House on the cluded by design to a certain extent to cluded in larger numbers in the con- Federal level, the bottom line is and in take down the legislation.’’ ference committee. many States, including my own State Again, we know that, if these con- So clearly, clearly there is an effort of New Jersey, there have been efforts troversial provisions are added, that not only in the media or certain media to try to eliminate preexisting condi- there is a real possibility we will not but also amongst the Republican Presi- tions as a means for health insurance have health care reform passed in this dential candidate and his supporters to and also to encourage portability. But Congress. Let me also point out that it try to get these medical savings ac- Golden Rule has resisted efforts by sev- was not just the medical savings ac- counts, these tax breaks, as I said, for eral States to require the sale of health counts that were added in the House. the healthy and the wealthy included insurance to all applicants. In fact, There were other provisions as well. In in the Kennedy-Kassebaum bill which when New Hampshire was considering the New York Times, an editorial just would ultimately make it impossible such legislation in 1993, State Senator in the last week on April 23, 1996, said to pass any health care reform. Jean Shaheen, a Democrat, issued a that there were three unfortunate pro- Mr. Speaker, I just wanted to point news release saying that Golden Rule visions, that the conference committee out, if I could, in some of the time that H4172 CONGRESSIONAL RECORD — HOUSE April 30, 1996 I have remaining, that for those who The statistics are even more signifi- Mr. Speaker, this document sets say, well, this is only a small reform, cant when you look at minorities. The forth the vision of our Founding Fa- this does not address the larger issue of rate of insurance coverage is worse for thers for a powerful central Govern- affordability for health insurance or blacks, among whom one in five is ment, but with limited and specifically the fact that so many millions of without coverage, insurance, and for enumerated powers. Now, why did they Americans now have no health insur- Hispanics, among whom one in three is spell out that? Why did they say that it ance, well, that is true. And I would be uninsured. And these figures take into should have certain powers and that the first to recognize the fact that we account the fact that Medicaid covers they should be significant powers, but continue to have a problem with fewer the poorest families and the disabled, that they should be limited and specifi- and fewer people able to afford health so we are primarily talking about cally enumerated? insurance, and as a consequence more working Americans because if you are Well, if you reflect on your history, and more people do not have any below a certain income, you are eligi- you will realize that the Founding Fa- health insurance. In fact, the Demo- ble for Medicaid. But many people are thers of this Nation had themselves re- cratic Party, my colleagues on the not, and of course those are primarily cently escaped an oppressive central Democratic side in the House, formed a working people. Government, a central Government health care task force, which I happen I only mentioned that because again which took the form of a king, a king to be one of the cochairmen of last I feel very strongly that even though in who could at will order whatever he year. We put forward a set of Demo- the Kennedy-Kassebaum bill we are wanted and command or demand what cratic principles on health care reform. talking about a modest effort to try to he chose. The Founding Fathers, fear- Our two major principles are that we increase the availability of health in- ing that we might return to that sys- want to achieve more affordable health surance to Americans, I think even tem, felt we should spell out in a single insurance and we want to expand the that modest effort needs to be moved document which would bind the Nation number of people in this country that forward, and it is very wrong for the forever those powers granted to the have health insurance. Republican leadership here in the Federal Government and that they I would maintain that the Kennedy- House of Representatives to stop that should be adequate and complete for Kassebaum bill in its pure form or in reform from moving forward just be- that Government to do its jobs. the form that passed the Senate does cause they want to include these medi- But they recognized that there were help in an incremental way to provide cal savings accounts for special inter- many States which would make up this more Americans with health insurance, ests that support them. And even if Union and that those States would play maybe 20, 25 million Americans who they honestly believe that that is the a fundamental role, and they addressed will be positively impacted by it. So, way to go, they should drop the effort and they considered the division of while we see the numbers of people who because it is going to make it virtually power between the Federal Govern- are uninsured continue to go up, we impossible for us to get this health in- ment on the one hand and the States know that this bill, although modest, surance reform passed in this session of on the other, and to address that con- would help in the effort to try to cover Congress. cern they spelled out in an amendment, more Americans and provide more In conclusion, Mr. Speaker and my which I want to call to the attention of Americans with health insurance. colleagues, if I could just say as this my colleagues here in the House, the Mr. Speaker, we also know that, if it health insurance reform, as the Ken- 10th amendment, which reads, and I is passed in its clean form and the way think it is important for us to under- the Senate passed it without the medi- nedy-Kassebaum bill, goes to con- stand what it reads and to think cal savings accounts, that it certainly ference, the Republicans need to drop through its meaning, the 10th amend- would not make health insurance less these controversial provisions and stop ment to the U.S. Constitution address- affordable. If in fact you include the dragging their feet so we can get a bill es this issue of what level of Govern- medical savings accounts, in fact, that passed this year, this Congress. I urge ment should exercise which powers. is what would happen. Health insur- the House Republican leadership to fol- ance would become less affordable for low the Senate lead and strike the spe- And it says specifically: The powers not delegated to the the average American. cial-interest tax-free accounts for the healthy and the wealthy. United States by the Constitution, nor b 2030 The Republican leadership needs to prohibited by it to the States, are re- Just in case, again just to give you quit stalling and pass bipartisan health served to the States respectively or to an idea about the magnitude of the insurance now so it can go to the Presi- the people. problem that we face in trying to dent’s desk and he can sign it, and we Now, Mr. Speaker, many of those in achieve more coverage for Americans, can all declare victory for the average my freshmen class were elected on a just in my own home State of New Jer- American and help those people who platform that has to do with that, the sey within the last 2 weeks a new re- find it more and more difficult to buy 10th amendment to the U.S. Constitu- port came out, 124-page Healthy New health insurance. tion. We have watched through our Jersey 2000 report, that actually was f lifetimes, and I have watched through released last month, and if I could just my lifetime, as the Federal Govern- summarize some of the information SUPPORT H.R. 2270 ment located here in Washington, DC, that shows that the percentage of unin- The SPEAKER pro tempore (Mr. thousands and thousands of miles from sured New Jersey workers, and I am GUTKNECHT). Under a previous order of my constituents at home in Arizona, talking about working Americans, the House, the gentleman from Arizona has sought to bring to itself more and working new Jerseyans, actually dou- [Mr. SHADEGG] is recognized for 5 min- more and more and more power, and in bled in the last 4 years. This latest re- utes. doing that what it has done at the port statistically shows that 14.6 per- Mr. SHADEGG. Mr. Speaker, I rise same time is to reduce by ever-growing cent of New Jersey’s full-time em- tonight to address an issue of what I amounts the power and the authority ployed workers had no health insur- believe is of grave concern for this Na- of all the good men and women who ance coverage in 1993, twice the per- tion, and that is an issue dealing with serve in State legislatures around this centage that was uninsured in 1989. the fundamental law of the land. Nation, all the good men and women About 15.5 percent of the overall popu- I hold here the Constitution of the who serve on county boards of super- lation under the age of 65 was without United States, and all of us as individ- visors or city councils. Indeed as the insurance in 1993, working or not, up uals learned about this document and Congress has arrogated unto itself all from 11.7 percent in 1989. That is about studied it in grade school and high this power, it has left less and less 1.1 million New Jerseyans. Now, you school civics. Some of us might have power for individual citizens of this take that across the country. You will even gone back since then and read a country. probably find about 40 million Ameri- provision or two. I want to focus on the Now, why should that be of concern? cans now who do not have health insur- importance of this document and on It really is kind of simple, and that is ance coverage, and the number contin- the importance of an issue that I think what this boils down to: The truth is ues to grow. has become abused. my constituents back in Phoenix, AZ, April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4173 have a better chance of affecting a de- CANADY], the chairman of the Constitu- gress can again begin focusing on the cision if they can go down to their city tion Subcommittee of the Committee issues that Washington should be deal- council or down to the board of super- on the Judiciary. He has indicated to ing with, that Washington is good at, visors or even down to the legislature me just what you have indicated; that in moving the other types of decisions, and raise an issue, than if in order to is, that we are hopeful that we will get the other types of responsibility and affect that issue they have to come all hearings on this legislation in the near the dollars back to State, local, and the way here to Washington, DC, thou- future and that it can move forward. I maybe even back to the taxpayers, par- sands of miles from my home. appreciate the gentleman’s effort on its ents and individuals who really are the I believe it is critical for this Con- behalf. I appreciate your support, and I driving force behind so much of what gress to recognize that in ignoring the think it is a step in the right direction. goes on in this country. 10th amendment over the past several Mr. HOEKSTRA. And the issue that Mr. SHADEGG. I commend you for decades and in arrogating more and we are going to be talking about to- your efforts and wish you the best. more power to ourselves in Congress, night builds very much off of the prob- Mr. HOEKSTRA. Thank you. quite frankly so that politicians here lem that you describe. We are going to Let me just give a little bit of a brief can buy themselves back into office, be talking about the myth of the magi- introduction about what we want to what we have done is we have taken cal bureaucrat, the myth of moving all accomplish this evening. power away from the citizens. It is of this power and responsibility from This is an election year. We are in time to end that. parents, from local levels of govern- the middle of a lot of rhetoric flying Now, how do we end that? I want to ment to State governments, that the around. Those of us in Congress who talk to my colleagues tonight about best place to make these types of deci- want to focus on the real problems are one simple idea, and that is the notion sions is in Washington. And we are finding it very difficult to break as set forth in a bill which I have intro- going to be going through a number of through what we call the clutter, the duced to this Congress, which would, I examples this evening which we hope clutter and the noise. As Members of believe, restore meaning to the 10th expose that myth for what it really is. the Republican majority, we have amendment of the U.S. Constitution. I It is for a bunch of people in Washing- grown accustomed to being called hold a copy of it here. It is H.R. 2270. It ton making decisions, spending money mean-spirited, radical. We are accused is for Federal legislation quite unique in areas where they really cannot have of being against women, children, and in that it is less than 3 pages long. It is a significant, positive impact or most the elderly. We are accused of not car- a simple bill which simply says that importantly, where they are not the ing for the poor or for the environ- before any one of our colleagues, before most effective agent for bringing about ment. any one of us here on the floor, could the types of results that we want. In the middle of all this rhetoric, introduce a new bill calling for the Mr. SHADEGG. If the gentleman what is really going on? Many of my Federal Government to take on some would yield again, let me just simply constituents, many of the American new project or some new legislation, say I commend you for this effort, and people, seem to be very confused. We you would have to spell out the powers I want to pass on something. One of the want to take this hour to really set the granted to it to do that under the U.S. greatest influences in my life, as I sup- record straight on what we are trying Constitution. I urge my colleagues to pose in, hopefully, many American to do in this Congress. We want to join me in supporting this and to set boys’ lives, is their own father. My fa- focus on what we believe is the core the terms so that we could not debate ther was a tremendous influence on issue that is defining this battle in on this floor legislation in areas that me, and he was very fond in the later Washington, that has defined the bat- the Constitution did not grant us the years of his life of saying that the tle, really, from January 1995 to the authority. problem with the Congress was that it present point. It is a simple idea; it is H.R. 2270. It had come to believe that it knew how b 2045 says, out of respect for the 10th amend- better to run every American business ment, before we introduce a bill, we and every American’s life than those Many have thrown around labels. must spell out the constitutional au- individuals themselves. And that is the Some have called us extremists. But thority that gives us, the Congress, the kind of notion that I think your effort let us cast aside the labels for a little power to legislate in that area. It is a is going at. while. Let us cast aside the accusations critical first step. The simple truth is that the 535 and other typical Washington political f Members of this Congress, House and jargon, and let us get down to the bot- Senate combined, no matter how well- tom of the debate. What are we really THE MYTH OF THE MAGICAL intended, and the huge army of bureau- trying to do here? What is the core of BUREAUCRAT crats that we control, and there are the debate? The SPEAKER pro tempore. Under thousands, tens of thousands of bureau- We can go back to the 1930’s, the New the Speaker’s announced policy of May crats that we control, simply cannot Deal. Ever since the 1930’s Congress has 12, 1995, the gentleman from Michigan know better how to run the day-to-day placed more and more of its faith in [Mr. HOEKSTRA] is recognized for 60 lives of every American and the day-to- Washington, its bureaucracy, its bu- minutes as the designee of the major- day businesses of every American busi- reaucrats, and in its money, in its pro- ity leader. ness or of every American church or grams, and in its services. As we have Mr. HOEKSTRA. Mr. Speaker, before synagogue. We simply cannot run those done that, we have moved much of the we start with our prepared remarks organizations better than they, and the decisionmaking away from parents, in- this evening, I would like to assure the myth of the mystical bureaucrat that dividuals, entrepreneurs, small busi- gentleman from Arizona that as we can do it better than we can is indeed nesses. What we have done is we have move forward and as we get to another dead wrong. created a myth that too many people week of active reform in this Congress Mr. HOEKSTRA. As we move forward have come to believe, the belief in the probably around the middle of July, we this evening, we are going to talk Washington bureaucrat: A belief in expect that that piece of legislation about this myth as it applies to edu- Washington money, a belief in Wash- will have worked its way through the cation, as it talks about creating jobs, ington programs, and that Washington committee process and will be one of as we talk about Medicare, as we talk services can solve many, if not all, of the items that this full House will have about environmental types of legisla- this Nation’s problems. This is really the opportunity to talk about. tion, so that is one of the key areas. what all the fuss is about. Mr. SHADEGG. If the gentleman We could not have had a better intro- Since becoming the majority in Con- would yield briefly? I simply want to duction to our topic tonight than the gress, Republicans have been attacking thank the gentleman for his assistance legislation that the gentleman talked the myth that Washington can solve in moving this piece of legislation for- about, and I again would like to just everyone’s problems. We know that few ward, thank him for cosponsoring the reaffirm that I expect that this House Americans believe in Santa Clause. bill, and tell him that I spoke today will take positive action on legislation Even fewer believe in the tooth fairy. with the gentleman from Florida [Mr. like that this summer so that this Con- But here in Washington, everyone H4174 CONGRESSIONAL RECORD — HOUSE April 30, 1996 seems to believe in the magical bureau- achieve, magical bureaucrats doing all money better. That really is what this crat: this magical persons who can this with trillions and trillions of dol- is all about. solve everyone’s problems. lars that working Americans pay every Mr. HOEKSTRA. Mr. Speaker, I yield It is as though we believe that bu- year in taxes. We will never restore fis- to the gentleman from Kansas [Mr. reaucrats are magicians and that by cal and moral sanity to our Nation BROWNBACK]. spending tax money, taxpayers’ money, until we destroy this blind faith in Mr. BROWNBACK. I appreciate the your money on programs and services, Washington to solve our problems. gentleman from Michigan yielding to what can they do? they can raise and Why is it so hard to balance the me, Mr. Speaker. I appreciate very educate children better than parents. budget? Because Washington believes much the gentleman also taking us to They can build communities. They the myth, Washington perpetuates the the root of the problem we are talking build communities and homes better myth, and Washington works every day about today. That is the concept and than parents or better than Habitat trying to convince American people the idea that we are going to create For Humanity; that they are better at that the myth is real. Why is it so hard governmental solutions, and from a creating effective, income-generating to reform Medicare? Because Washing- centralized planning authority in jobs; that they are better than entre- ton believes the myth and sells the Washington, actually solve problems. preneurs and small businesses. myth. Why is it so hard to improve en- I want to talk about one particular It is time for us to confront this bu- vironmental laws? Because Washington example in this area that we are talk- reaucratic myth. Blind faith in the believes the myth and perpetuates the ing about, a magical bureaucracy being Washington bureaucracy is hurting myth. able to solve an issue. This is the agen- America. It is hurting America, in I be- Why is it so hard to eliminate the cy of HUD, Housing and Urban Devel- lieve four specific ways. Department of Education? Because opment. First, the myth that Washington can Washington believes the myth and sells Mr. Speaker, I would like to start solve everyone’s problems has created the myth each and every day that mag- this off by saying that no one here a belief that success is defined by ical bureaucrats sitting at desks in questions the good intentions of the spending money, success is defined by Washington educate kids better than people who work in these agencies, of spending money and creating pro- parents and better than teachers, and the employees at HUD, or the people grams, not by the results that those have more caring for local students even that design these programs. These programs or those dollars generate. than parents and local school boards. are good people with good intentions, Second, the myth that Washington Why is it so hard to eliminate the but the problem is we want to talk can solve everyone’s problems has cre- Department of Housing? Because Wash- about reality and what has been the ac- ated the substitution effect, where peo- ington believes the myth that magical tual reality of what has happened after ple have a disincentive to take per- bureaucrats sitting at desks in Wash- all these good intentions and all this sonal responsibility for their future ington build communities more effec- investment of resources and all these and for themselves, where they have a tively than local citizens or than orga- people pouring in from a centralized disincentive to take care of their chil- nizations like Habitat for Humanity. solution. dren and to participate in their com- We cannot continue down this path. We are talking about a centralized munity, because someone from Wash- With this introduction, Mr. Speaker, bureaucratic organization in the form ington is supposed to do that; in other I yield to the gentleman from Wiscon- of HUD, Housing and Urban Develop- words, because a Washington magical sin [Mr. NEUMAN]. ment as an agency, trying centralized bureaucrat is going to solve the prob- Mr. NEUMANN. Mr. Speaker, what solutions from Washington for a Na- lem, I do not have to exercise personal comes to mind today is one of these tion that covers 260 million people responsibility to solve it myself. mythical bureaucrats the gentleman is across five time zones that has the The third is the myth that Washing- talking about. I was in a committee largest economy, that is the inter- ton can solve everyone’s problems has meeting with them discussing housing, national leader of the world. We are caused Congress to legislate to the low- this very issue. I saw in this meeting going to plan all this in one central en- est common denominator, creating the almost fear that somehow, if Wash- tity. That is the fallacy of what we are one-size-fits-all programs which lower ington allowed the people in Beloit, talking about. the standards. The minimum wage WI, or Kenosha, WI, to decide how to The Department of Housing and fight, I think, is an excellent example. handle the housing problems in their Urban Development began with great Here we are debating a minimum wage, own community, if we gave them the fanfare in 1965. It was on the front lines the lowest common denominator, in- flexibility to make decisions how to of Lyndon Johnson’s war on poverty. It stead of talking about increasing wages best serve the needs in their own com- was charged with these things: Renew- for everyone, which is the highest com- munity, that somehow things were ing our cities, encouraging job cre- mon denominator. Instead of focusing going to go astray; but they are not ation, providing decent, safe shelter for on the ideal, we are willing to lower going to go astray, because I have a lot low-income Americans. That was the the standard for everyone. of faith in Tom Kelly in Beloit, WI, and charge in 1965. You can say, did we ade- Finally, the myth that Washington the people running the housing pro- quately fund HUD, this centralized can solve everyone’s problems has cost grams out there. They best know how planning model of what we were going the American taxpayers trillions and to take care of the people in Beloit, to do? trillions of dollars. If it were inexpen- much better than the people do here in Since then, in 1965, HUD and other sive to believe that magical bureau- Washington, DC. bureaucracies have spent more than crats actually exist, we could keep I think this whole thing comes down $5.5 trillion on poverty programs, $5.5 spending money on the myth, but it is to how can we best turn that respon- trillion. That is basically about the costing us. It is costing us, the tax- sibility over to the people locally to size of our national debt today. It payers and working American families, best allocate those dollars to do the would be virtually about $19,000 for big bucks, too many bucks to continue best job for their people in their own every man, woman, and child in Amer- down this path. The myth that Wash- community. That is really what this ica. Yet, by virtually any standard, any ington can solve everyone’s problems should be all about. measure, poverty, crime, drug abuse, produces harmful thinking, it costs too This is America. This is not supposed and violence are far worse today than much, it is hurting America in many to be a country where somehow the when HUD was created in 1965, and different ways, and it is not working. people here from Washington are con- since we spent the $5.5 trillion. This is It is not a budgetary problem, it is a trolling all the lives of the people out what the good gentleman from Michi- cultural problem: Magical bureaucrats there. This is supposed to be America, gan is pointing out about the fallacy of substituting for parents, magical bu- where people are taking responsibility saying that, OK, if we are going to reaucrats shoving everyone into one- for themselves, and the local school solve a problem, let us create a bu- size-fits-all programs, magical bureau- boards and the local towns are deciding reaucracy with good people in it to de- crats defining success by the dollars how to best spend that money, or how sign a program that is going to fit the they spend, instead of the results they to let the taxpayers keep their own entire Nation in a one-size-fits-all, and April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4175 then let us fund it, and if it is not from local housing innovative solu- tion. Our society benefits when people working, the answer is for us to put tions that we could come forward with. realize their own freedoms and creativ- more money into it. Just recently the HUD bureaucracy ity and our Government does not try to Mr. Speaker, I just beg to differ on has announced the planned construc- replace them. That is why I think this that. The centralized command and tion of a new project in Washington, is a good discussion about a mythical control type of model failed in the DC that has an estimated cost of bureaucracy does not solve things. former Soviet Union, has failed in com- $186,500 per unit, $186,500 per unit. This Many times it can actually hurt or mand and control areas, and it is fail- represents, I think, an enormous waste concentrate problems. ing in America today. Past and current of taxpayer money, not to mention It is people. It is individual solutions. attempts to fix HUD have met with a those poor families who will lose out We have those solutions we are offering great deal of resistance and past fail- because of the finite resources that will to the American people. ure. Created in 1965, the entity has al- be spent on this project. Instead, HUD Mr. HOEKSTRA. I would just ask the ready gone through four major reorga- could have provided housing vouchers gentleman to go back to his first state- nizations of where we are going to re- to individuals, they could have pro- ments where in 1965 we started creat- invent HUD, four major reorganiza- vided them to 35 families for 1 year for ing this myth of HUD. And what were tions since 1965. All have failed. the initial cost of building one new the parameters and the directives that Jack Kemp’s efforts to reform HUD unit in this housing project. the President in 1965 laid out? What by giving power to tenants were stifled The Congressional Budget Office esti- was the myth that was created or by a reluctant Congress at that point mates that HUD has obligated the Fed- started to be created in 1965. That con- in time and an inflexible system. Yet eral Government to spend, and get this tinued to be driven even into 1996 as we the problem underlying HUD’s national number, $180 billion over the next 30 try to change some of these programs? housing policy is the myth upon which years to pay for the public and private Mr. BROWNBACK. The myth that it is created: The notion that Washing- housing commitments, most of which was created, I want to read these off, it ton can address the housing needs for were made more than 10 years ago. was on the front line of Lyndon John- all Americans through a centralized This experiment in central planning son’s War on Poverty, charged with re- system here where we set here how it is is already being passed on to our chil- newing our cities, encouraging job cre- ation, providing decent, safe shelter for going to be in Connecticut, in Kansas, dren. Besides, HUD’s attempts to fix low-income Americans. We followed up in California; this is how it is going to our Nation’s housing problems, this bu- spending-wise, spending nearly $5.5 be. It just does not work. reaucracy applies Washington’s an- trillion since then on HUD and other There has been a surge of more than swers to igniting economic growth in low-income programs. 200 separate Washington-based housing our urban communities. programs that have tended to displace Mr. HOEKSTRA. I think we should b 2100 rather than encourage local innovation just also say that if we go into Wash- and creativity. I want to add as a side A number of us believe that the key ington, DC, we go to the public housing projects, to get to the public housing note here as well, there have been a to economic growth in our urban com- projects that are inhabited today we go number of these that are trying to en- munities and other places is to cut the by 3 and 4 empty buildings. We go into gage now more local creativity and in- burden of Washington. Let us cut that Chicago, we go by almost a mile of novation. I think those are on a posi- taxation, litigation, regulation and empty public housing. We did not do tive note, as they try to localize and manipulation out of Washington so that we can have those localized solu- any of those things very well. get local solutions brought forward. I am sure my colleague from Wiscon- We have had a lot of rules and regula- tions spring up and people go forward. sin would like to say something about tions coming out of HUD as well that As Jesse Jackson once said, capital- this. He is a builder in his real life; have stifled local creativity and inno- ism without capital is just another when he has a real job, he is in the con- ism. We need to remove the barriers to vative solutions to housing needs. It struction industry. But my guess is, I self-creating capital. Block grants will has caused former HUD Secretary Jack just did some rough numbers at $55,000 not do this. People do it. People do Kemp to recently conclude that HUD is for a down payment for a smaller these things. The Republican Congress an agency with a disparate and con- home, I recognize over these 30 years has already passed reforms to try to be tradictory mission. ‘‘The more I was at we could have built 100 million homes. able to cut back on taxation, regula- HUD, the more I realized that the flaws Given a nicer home, we could have tion, litigation and manipulation so were endemic to the bureaucracy.’’ built, at $110,000 a house, we could have people and localized solutions can He went on to say at a press con- still built 50 million homes over the flourish. ference we had, where Secretary Kemp last 30 years. It is amazing, $19,000 for On a worse note, the HUD bureauc- was calling for the elimination of HUD each and every American is how much racy has become in some cases a cata- and us giving these decisions back to we have spent on this program for the lyst of racial and economic segrega- local tenants, that there are good peo- last 30 years with these kind of results. ple that work at HUD. It is a failed de- tion. That is according to a doctor who I yield to the gentleman from Wis- sign of the system. It is a failure for us has worked at HUD, and an April 1996 consin. to think that we can manage, and that desegregation suit brought against Mr. NEUMANN. I will just point out a mythical Washington bureaucracy HUD, Thompson versus HUD, et al. by with 250 million people in the United will solve the problem, because it will the American Civil Liberties Union of States of America, that is literally one not. It tends to get more of a central- Maryland on behalf of several Balti- home for every 5 people with the ized focus. more public housing tenants who al- money we have spent. Our model for housing opportunities leged that HUD illegally segregated The other thing I could not help but is local empowerment. It is rooted in black public housing tenants for 6 dec- think, as the gentleman from Kansas the premise that housing policy should ades. This resulted in a settlement was going through some of these num- bypass governmental bureaucrats and which caused HUD to break up several bers, contrasting what you are talking central planners and provide direct as- of the dilapidated Baltimore projects. about to a program like Habitat for sistance to tenants themselves. In As one can see, there are direct social Humanity. Back when I was in the other words, we would seek to give and economic costs to this mythical building business when, before I got vouchers to tenants that we want to bureaucracy. The American people re- into the political world in any way, help and ask them to go find their own alize that compassion is not measured shape or form, I had a group of people housing abilities, whether it be with in how many billions we spend on bu- from Janesville, WI come to me and public housing, whether they purchase reaucratic solutions when this is done say, ‘‘Hey, MARK, you’re building a lot a housing unit, or whether it be in pri- and people are hurt by it. This is one of of homes. Would you consider giving us vate renting. Housing is a local issue. the most uncompassionate solutions of a hand in this Habitat for Humanity Washington cannot solve local housing all. project?’’ needs. Indeed, the more we focus on Fortunately, there is a better way. Rather than the Government coming Washington, the more we take away You have brought that to our atten- in to do this, we got together in the H4176 CONGRESSIONAL RECORD — HOUSE April 30, 1996 community and built the house. When dream. As we fulfilled the American rescission bill that took $16 billion out, the person moved into that house, it dream, many jobs were created. We then we passed the appropriations bills was a truly needy person that received started in the real estate business and that took another $23 billion out, and this help. Can you imagine Habitat for eventually got into home-building. the markets reacted. Humanity, with the local support and The first year in it we lost money. This is the good news. It is not those local effort that they get from the We built 9 homes, providing 18 jobs, numbers. The good news is the markets local people, spending anywhere near and we literally lost money. My dream reacted, interest rates stayed down, this kind of money, and what they in that first year was simply to have people went out and bought Suburbans, could have done with one-tenth of this the Government get out of our way, they went out and bought Jeeps, they amount of money if the control had and allow our business to concentrate went out and bought houses, and people just been left out there locally and we on growth and expansion and the went to work building those products. had had involvement with the local things that would make a business suc- When they went to work, they went people to help the most needy people in cessful. off the welfare rolls, and guess what their community? Can you imagine As we stayed in the second year we happened? We not only hit the deficit what we could have done in this coun- basically had two choices, either let targets that we had in our glide path to try instead? the Government take our business a balanced budget, we actually for the Mr. BROWNBACK. I think we would away from us, that is, the banks or first time are about $13 billion ahead of have renewed our cities, encouraged whoever would take it, or we would schedule. We are not only on our glide job creation, and provided decent, safe turn the business around and become path to a balanced budget but we are shelter for low-income Americans. profitable. The second year we built 27 actually ahead of schedule in this an Mr. HOEKSTRA. I think if we take a homes, then to 81, then to 120. election year. look at Habitat for Humanity, it is ac- The key to this discussion is the way I have a chart that shows this. This tive in Michigan. They take a caring jobs are created is not by going to the red line is where we were with the defi- attitude in reaching out and finding government and asking for Govern- cit when I first came here. This is so the people to move into these houses. ment spending or a Government pro- exciting to talk about because America These people are part of the process. gram. The way jobs are created is by does not understand that we are actu- They maintain their dignity. They put entrepreneurs allowing their businesses ally winning this battle against the in sweat equity. They work hard. They to grow and expand like ours did. budget. When we win the battle, it put them on finance plans to enable At the end of 4 years when we were means jobs for our young people and it them to buy these homes. They put building 120 homes a year, there were means the American dream can once them in the middle of the community 250 people in southeastern Wisconsin again be fulfilled by American citizens. so they are not segregated into little working because of that. Just think This red line shows where we were areas or pockets of the community. what that means. What that means is when I came here, the deficit where it Mr. NEUMANN. It is not only the those 250 families are not on welfare. was headed. After 12 months here, yes, person that is working on the home Let us just go the next step. What through lots of budget fights, very dif- that winds up moving into the home, it were we really looking for to be suc- ficult budget battles and a couple of is the community leaders and the com- cessful in business? We just wanted presidential vetoes, we had made munity involvement that makes this Washington, the Government, to get progress. The yellow line shows where process successful. I still ride by that out of the way so we could be success- we were after 12 months. first house that we built in Janesville, ful at promoting job expansion and job We dared to dream, to dream that we WI every now and then. It is still there, growth. were actually going to balance the it is well cared for. Everything is right When we look at the homebuilding budget, not the Gramm-Rudman-Hol- about it. It is not only the person that business, and this is one I am very fa- lings stuff that did not get done be- moves into the house, it is the involve- miliar with, what is the best thing that cause they hit an election year and ment of the community in solving the can happen for the creation of jobs? It failed. We dared to dream we were ac- problem. They own the solution to this is not more Government spending. It is tually going to do it. problem and they are going to make it a balanced budget. Why a balanced This green line shows our dream, our real. budget? It is because, like Alan Green- glide path to a balanced budget. But Mr. HOEKSTRA. I would like to span says, when the budget gets bal- here is what is different about this thank the gentleman from Kansas. You anced, interest rates will stay low, 2 Congress versus the other Congresses have got us off to a good start in talk- percent, a full 2 percentage points that have been here before us. This ing about exposing this myth. lower. Congress not only maintained their I now want to turn our attention to What happens when the interest path to a balanced budget in this, an another myth. We have talked about rates are low? Our young people again election year, we are actually ahead of the one that Washington creates com- have a chance to live the American schedule. munities, Washington creates homes, dream. When the interest rates are low, America does not seem to know that and we have found out that after $5.5 people can afford to buy houses and through all of those budget battles trillion that is not the reality. I would cars, and people have to go to work to that we went through last year, we are now like to address another myth, that make those houses and to make those winning. And when we were winning, Washington bureaucrats create jobs, cars. When they go to work, they are everything worked exactly the way it that they are better than entre- no longer on the welfare rolls or on un- was supposed to. People started buying preneurs, they are better than small employment, costing the government those houses and cars, they started business at creating jobs. To do that, I money, but instead they are paying going back to work, and the cost of the would like to go back to my colleague money in. Federal Government for welfare rolls from Wisconsin [Mr. NEUMANN] who has We just did this. We have just been and for unemployment went down just created real jobs working in the pri- through a balanced budget battle the way it was supposed to work. That vate sector as a small businessman in where everyone understood we were se- is what led us to this point where we Wisconsin. rious about getting to a balanced budg- are ahead of schedule. Mr. NEUMANN. I appreciate the gen- et. Look what happened. When I came Having said that, I have to caution tleman yielding. This is an area that I here they were projecting deficits for what is going on today. For some rea- very much like to talk about because fiscal year 1996 of $200 billion. We said son, a lot of people in this city have we need the American people to under- we cannot have that. That is not good kind of lost sight of the fact that we stand that the American dream is not for our country. We are going to a bal- have to keep working, that it is not dead. anced budget. going to be easy to get to a balanced When my wife Sue and I started, we As we went down this road to a bal- budget. literally were in a position where we anced budget exactly as Alan Green- And when we start losing sight of the could not afford to pay our bills, and span said, the interest rates stayed fact that we have to keep our efforts we took a chance on the American low, we stayed on track. We passed a focused on a balanced budget, let me go April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4177 right back to jobs and job creation. magical bureaucrats in Washington gentleman from Kansas, Representa- What is going to happen is, the interest here define their success by how much tive BROWNBACK, said, these are good rates are going to start to climb and money they spend on, quote-unquote, people. They are trying to do the right inflation is going to pick up. When that job creation programs, not by how thing. But ultimately the system con- happens it is much more difficult for many jobs they actually create. sumes the participants. In fact, I was the entrepreneurs to be successful out b 2115 reminded as you were speaking earlier there and it just plain does not work. of something Thomas Jefferson said so It is a spiral in reverse. If I had to make a choice about where long ago. He said, ‘‘Those who would We cannot allow that to happen. We I wanted to invest my dollars or who I trade freedom for security will lose have to refocus our attention on bal- wanted to have spending dollars to cre- both and deserve neither.’’ ancing the budget, which is what I am ate jobs, I would go with entrepreneurs We have bought into this idea over doing here and which is what many of and not sending them to Washington the last 30 or 40 years that somehow the freshman class came here to do. and having Washington try to pick Washington knows best and somehow Just one more thing. We have accom- winners and losers. that elected officials and bureaucrats plished what is on this chart not by Washington would never have picked in Washington can make better deci- raising taxes on the American people Steve Jobs at Apple Computer as say- sions than families and communities like we saw in 1993, not by making it ing that looks like a good investment. and individuals back in their neighbor- more difficult for our families to make Here is a guy working out of his ga- hoods. So I am delighted to just take a ends meet because they have to pay rage. Let us go pump some money into few minutes to say I think we are on higher taxes. We did this by reduced that because I think that is going to the right track. We are winning this spending. The reality is that is the way create a new industry. I doubt if they battle. it should be done. From the entrepre- would have picked Bill Gates. Those When we say we, I think we mean we, neurship from the private sector here, are not the type of people bureaucrats the American people, because this ulti- the best thing that government could look at and say that is the wave of the mately is not a debate between Repub- do is get the mythical bureaucrat out future, because they are out of the licans and Democrats, it is not a de- of our way and allow the businesses to mold. Entrepreneurs break the rules. bate between the Congress and the have the capital available to grow and Bureaucrats live by the rules. They President; it really is a debate about expand and employ people so people cannot accept these kind of challenges. the future of this country. It is about can once again live the American I would like to yield to my colleague real individuals and about real fami- dream. from Minnesota, who has joined us lies. It is not about dollars and cents I just have one final point on this, from the exalted Speaker’s platform. and CBO and GAO, because sometimes and I think it is very important. The Mr. GUTKNECHT. Mr. Speaker, I we get bogged down in this debate American people need to understand thank the gentleman from Michigan about numbers and accounting. This is that when the Federal Government bal- for yielding. I was listening probably not an accounting exercise, it is about ances their budget, that means the more intently than most of the Mem- whether or not we are going to pre- government is not going to borrow $150 bers of Congress to this debate. I got serve the American dream for our kids. billion a year. When the Government excited by the discussion you have So I congratulate you for participat- does not borrow that money, it is been having, and particularly about ing in this special order tonight. I available out there in the private sec- this chart, listening to what you are think the American people need to tor for our young people to use to buy talking about. I think you have really hear more about this, because as I have houses and to buy cars. sort of hit on what is, if I could de- said before, facts are our friends. The That is the whole cycle, the positive scribe it as, the nub of the great debate more the American people see about cycle. If we can get to a balanced budg- we are having in America today and what is really going on here in this et, the government does not borrow the great debate we are having in this Congress, I think the more they are that money, it is not available in the Congress. going to agree that this is the direction private sector for our people to build In fact, let me say it this way: Sen- the United States of America is going houses and buy cars and so on, and ator PHIL GRAMM from Texas said it so to have to move. when they do those things, there are well earlier this year when he was ac- Mr. HOEKSTRA. I thank the gen- more jobs created. When they create cused by some of the administration, I tleman for his comments. I would like those jobs, businesses have to expand. think it may have been the President. to move on and talk briefly about what What is necessary for businesses to He said, you know, if PHIL GRAMM’s the gentleman introduced, which was expand is the availability of capital. budget passes, it means that there is the issue of education. I think when Then we are right back to balancing going to be less money spent on edu- Senator GRAMM actually got into a lit- the budget. If the Federal Government cation, there is going to be less money tle bit of a debate with a bureaucrat does not borrow that money, the cap- spent on children, and there is going to from the Department of Education, ital is available for our businesses to be less money spent on nutrition. And who said that I think I know more expand, and when the businesses ex- he really said it right. He said this is about educating your kids and I care pands, that is job opportunities. Those not a debate about how much money is more about educating your kids than are real job opportunities for real going to be spent on education, or chil- what you do, his retort was if you American people. That is what this dren, or nutrition. This is a debate know so much about my kids, what are should be all about. That is what the about who gets to do the spending. their names? I do not know that much budget battle is about. Ultimately, whether we are talking about your kids was the answer. The final words here, we are winning. about housing policy, Medicare reform, But you know, that is the other myth We have been through a lot in the last all these others things we are talking that we are fighting here, that Wash- year and a half in the budget battles about, the debate is about who gets to ington bureaucrats, that a Washington and doggone it, we are winning. We are decide. Is it going to the American bureaucracy cares more about the edu- winning the battle and we are doing it families or some magical bureaucrat cation of our kids than what parents in without raising taxes on the American here in Washington? We know it in our local communities do. people. hearts, and I think the people under- This myth is also hurting America. It Mr. HOEKSTRA. I thank the gen- stand this better than we sometimes creates the illusion that the magical tleman for his discussion on that point, give them credit for. They can make Washington education bureaucrat can because really the giant sucking sound those decisions much better for them- substitute, think about it, that the here in Washington is the Federal Gov- selves and their own families, and they people in Washington can substitute ernment sucking capital out of the cap- will spend the money much more firm- for parents and local teachers. The ital markets, away from entrepreneurs, ly than we can spend it here in Wash- myth again creates the illusion that away for young people, away from peo- ington. spending equals results. The more dol- ple who want to start businesses or We can beat on the bureaucracy and lars you spend, the better results you build homes or start their futures. The the bureaucrats, and as I think the are going to have. And the myth leads H4178 CONGRESSIONAL RECORD — HOUSE April 30, 1996 to policy designed for the lowest com- departments, or commissions, and boy, lion to spend because you have not pro- mon denominator. we really care because we are spending duced on this, and the reason is we just Let us take a look at each one of $120 billion. did not give you enough money. those. The myth creates the illusion But what is the reality of all of this Mr. HOEKSTRA. No; they would not that many Washington education bu- spending? The reality at HUD was that have given me $1 billion. They would reaucrats substitute for parents and we were going to improve America. The have asked me to come up with a new local teachers. The myth assumes that reality of 40 commissions, 760 pro- plan, to come up with a new process, to parents have not addressed the major grams, is SAT scores are dropping. In systemically take a look at what I was issues their children face, assumes that 1994, 17-year-olds scored 11 points worse trying to do and figure out what the parents do not have the will to make in math than 1970. Sixty-six percent of real problem was. the sacrifices on behalf of their chil- 17-years-olds do not read at a proficient It is very evident here in education. dren, assumes that parents do not have levels and reading scores have consist- The problem is not money. Some of the the knowledge and the expertise to ently fallen since 1962. U.S. students best school districts in the country solve their children’s educational prob- scored worse in math than all other have some of the lowest per pupil lems. Therefore, the magical Washing- large countries except Spain. Finally, spending. It is not an issue of dollars, ton bureaucrat must step forward, freshmen, think about it, 30 percent of it is an issue of where decisions are meet the social obligations that fami- all college freshmen, think about it, 30 made. As we are trying to reform this lies, citizens, local schools and commu- percent of all college freshmen must and improve it, we do hear the extrem- nities are ignoring. take remedial education classes. ists now calling us. Like you said, if I The reality is that Federal programs In 1996, despite the poor results in were making the kinds of decisions and displace parents and local initiatives educational achievement, many of us changes we are trying to make here in and solutions. They drive parents out that are advocating this, for saying Washington in the business world, I of the process. take these dollars, move it to the par- would be called too conservative, not I have gone back and talked to par- ents, move it to local school districts, willing enough to really face the is- ents, I have talked to local school ad- to get involved with the kids, we are sues. ministrators, and what you find is that extremists. We do not care when we We are proposing change here in the schools that work best are the ones say the system is broke. The myth, the Washington and we are gutting pro- that have the open door policy, that reality that Washington is trying to grams that in reality do not work. say any time a parent wants to come perpetuate, is not reality. The reality Mr. BROWNBACK. If the gentleman into their kid’s school, the doors are is a failed program. It is a myth that will yield further, let me put you in an- open. we care. other role and ask you if you were the But what has happened is more pro- The myth leads us to develop policies superintendent of schools at a particu- grams come from Washington, more that are for the lowest common denom- lar local school district and had these mandates come from Washington, the inator. We are not driving for excel- sort of results, spending this sort of end result is that administrators at the lence in education. We are trying to de- money in this sort of program design, local level are starting to look more sign something for the lowest common what do you think the school board toward Washington for their direction denominator. There are lots of prob- would ask of you there? about what they should be doing in lems here in education. Mr. HOEKSTRA. The school board their schools rather than looking to Mr. BROWNBACK. If the gentleman would ask for my resignation. They the parent and the local community for would yield for just a minute for a would say ‘‘These are our kids. We need what should be going on in their question, I would ask you, you came to get somebody in here that can get schools. from the private sector in the business the job done.’’ So they might, before Once that link between the local world. What would happen to your that, they might ask me what the community and the local school is bro- business had you done something simi- problem is? The problem is, I think, as ken, education goes only one way, and lar, investing this sort of time, re- we have talked about it, we have asked that is down, because once the local sources, and focus in a particular pro- administrators and bureaucrats to look community no longer trusts the local gram area and had the types of results to Washington for their direction. schools because they do not reflect the that you have just articulated? When you take a look, I have oversight values, the priorities, of the local com- Mr. HOEKSTRA. If I were still em- on the Education Department. The munity, the school system is lost. ployed, most likely if these were the Education Department, they are not The myth creates the illusion that results of my area of responsibilities, I educational experts. You would think spending equals results. Hey, if you are would be unemployed. The business they would be educational exports. spending $1 billion on the Save the would have never let such a key part of They are accountants, primarily, be- Kids Program, you must be saving its future languish with these kinds of cause they are moving money around kids, right? Otherwise why would you results for this long. They would have the country rather than really provid- spend those kinds of dollars and why stepped in a long time ago and said ing expertise. would you have a program with that ‘‘You are selling us down the wrong I would be glad to yield to the gen- kind of name on it? track. You are out. We have got to tleman from Wisconsin. The myth says the problem is not take a new look at addressing it,’’ be- Mr. NEUMANN. Just a couple of with the programs themselves, but cause this is a very critical matter. We points. With the 760 different edu- with the taxpayers. According to the are talking about the education of our cational programs, would you have any myth, the taxpayers never cared kids, the kids that are going to be run- idea how many bureaucrats are nec- enough to increase taxes and spend ning this country in 5, 10, 15 years, the essary to run each one of the pro- money on these programs when they kids that have to compete on an inter- grams? had control at the local level, and national basis if this country is going Mr. HOEKSTRA. Well, at this point Washington had to step into the proc- to continue to be the leading example in time we are trying to gather that in- ess. for the world. Business would have formation. Finding 760 programs is dif- The myth says that the people who never survived if they let this problem ficult. Having them scattered over 40 want change, those of us saying this go on. different agencies, we are calling up does not work and what is ‘‘this,’’ what Mr. BROWNBACK. If I can ask an- these agencies, trying to get that data. we have created here in Washington by other question, and I am just giving No, I do not know how many people showing that we care, it is kind of like you this hypothetical question, if this there are in Washington. what my colleague from Kansas de- was your company and this was your Mr. NEUMANN. Is it safe to say scribed in the housing and urban devel- core product that you had to have good there are a good number of bureaucrats opment. What we have created here in results out of, and you were having necessary to run each one of these 760 Washington is 760 programs. We really these sort of results, they would not different programs? care, 760 programs. We care even more, have said to you, OK, Mr. HOEKSTRA, Mr. HOEKSTRA. There are bureau- because we have created 40 agencies, we are going to give you another $1 bil- crats at every level. There are over April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4179 5,000 in the Department of Education, reaucrats here solving a problem ver- tleman some General Accounting Of- which administers about 260 of these sus the people in Milton, WI; the local fice numbers on this. And the General programs. There are bureaucrats at the control and the local people being in- Accounting Office is the watchdog of local level who are trying to figure out volved and what it is they expect their the Federal agencies of the Federal what is coming from Washington. students to know and how to develop Government. Mr. NEUMANN. How many of these solutions to problems locally. It does GAO says Federal agencies expect to bureaucrats work for nothing? not have to be done from Washington, spend $54 billion this year, this year, to Mr. HOEKSTRA. At last count, I do DC. clean up their own facilities as far as not believe that there were any. Actu- The other thing that happens when environmental waste and environ- ally, it would be illegal for them to Washington starts doing it, and the mental problems created. And the Of- volunteer. gentleman alluded to it, every time we fice of Management and Budget esti- Mr. NEUMANN. Let me go on with take a responsibility for education mates that as much as $389 billion in the point. With 760 different programs away from the parents and away from additional funds may be needed and a large number of bureaucrats, the community people, that is one less through 2070 just to clean up pollution Washington bureaucrats, necessary to reason that they have to be involved in and waste caused by Washington. run each one of the programs, and each the education of the young people. And There are many government pro- one of those bureaucrats drawing a sal- as their involvement decreases, the grams in Washington and run by Wash- ary, we have many, many tax dollars test scores go down, as the gentleman ington, and enacted by this Congress designed to help the education of our was alluding to. even, or past Congresses, and operated young people that are going to pay sal- So the gentleman is right on the by government bureaucracies that ac- aries of people here in Washington, as money here. We need to get education tually harm the environment. The Gov- opposed to getting out to the young back to the local level and get the ernment should take steps to make people these dollars were designed to local businesses and the local employ- sure its own house is in order. If we help. ers, we need to get those folks actively could clean up the Federal Govern- Mr. HOEKSTRA. We have a tremen- involved with the school systems decid- ment’s own mess, the bureaucracy dous number of dollars that should be ing what it is that our students need to mess that we have created, that the bu- intended to educate kids that are never know in order to function in our soci- reaucracy has created, we will go a making it down to the local classroom. ety when they get out of high school. long ways towards improving the envi- Mr. NEUMANN. I would just like to Mr. HOEKSTRA. Mr. Speaker, I ronment in America, towards making point out as it relates to education would like to now yield to the gen- this country better for our children there is another way to do this. Before tleman from Kansas [Mr. BROWNBACK] and our grandchildren. It makes no sense for Washington, a I built homes, I was a math teacher. I to talk about, I am not sure we will Washington bureaucracy to subsidize came out of college as a math teacher. have time to get all the way through environmental destruction on the one I would go downtown and hear from our with it, but to at least talk about one hand while establishing laws and regu- businesses downtown that my students other myth that is being perpetuated lations and bureaucracies to mitigate did not understand the math that the here in Washington. that damage on the other hand. And people downtown thought they should Mr. BROWNBACK. Mr. Speaker, I here is a classic example of a place understand. want to again thank the gentleman for We did not turn to Washington, DC, yielding to me for a few moments. I working against itself on an overall for a solution. I was teaching at Mil- want to take a few moments to explain policy that we all support: a clean, ton, WI, at the time. What we did was how the myth of the magic of Washing- good, healthy environment, better for a survey. We developed a survey and we ton bureaucracy is actually at times our children and grandchildren in the sent it out to our local people. You see, hurting the environment which it is de- future; and yet the Federal Govern- I took offense at the idea that my signed to protect. ment being the biggest polluter in math students did not know the math The environmental movement has America. I yield back to the gentleman from that they thought they should know produced some wonderful results of protecting the environment, especially Michigan. coming out my classroom. That some- Mr. HOEKSTRA. I do not know if my in improving people’s attitudes and how was very offensive to me. colleague from Wisconsin has any clos- people’s outlooks and actually improv- So we did a survey. We asked them ing comments. I think we are about at ing the environment. We are all com- what is it you are expecting our stu- the end of our time. dents to know when they come out of mitted to a good, clean, healthy envi- Mr. NEUMANN. Do we have a little our classrooms? We got lots of people ronment. If we do not provide a good, time left to do an environmental quiz? that responded to our survey. We devel- clean healthy, environment for our Mr. HOEKSTRA. We have 4 minutes. oped a test to see whether or not the kids and our grandchildren, they will Mr. NEUMANN. Would the gen- people downtown were right or whether not have anyplace to live. tleman like me to do a little environ- or not our students actually did not We have to take care of Mother mental quiz here tonight? I want to see know what they were supposed to know Earth, we have to do the right things where the gentleman stands. when they graduated from high school. to take care of the environment, and I Mr. HOEKSTRA. Only if the gen- Guess what we found? know of no Member in Congress, no tleman asks my colleague from Kansas Member whatsoever that is not strong- b 2130 all the questions. ly supportive of a good, clean environ- Mr. NEUMANN. I will ask my col- We found the vast majority of them ment. We have to provide that. But I league from Kansas. This is a question did not know what our businesses ex- want to provide one bit of information I ask the American people in virtually pected them to know when they came that I do not know if it is commonly every town hall meeting I go to. I do a into the private sector to take a job. known about Washington bureaucracy little environmental quiz and I just ask So what we did at that point is initi- and the environment. a few questions. ated a program locally, at Milton, WI, Does the gentleman know who the The first one is, does the gentleman at Milton High School, and through the biggest polluter in America is? The big- think it makes sense for the Federal school system there that corrected the gest polluter in America today? Government, before they initiate a new problem. Within 2 to 3 years we found Mr. HOEKSTRA. If the gentleman rule or a new regulation, to do a cost- the problem was corrected and the vast would yield, it is the U.S. Federal Gov- benefit analysis; that is, to decide if majority of the students graduating ernment. the cost is worth the benefit received? gained the knowledge that was nec- Mr. BROWNBACK. It is the Federal Mr. BROWNBACK. That would seem essary, that the business people down- Government. It is the Federal Govern- basic to me, something we should ask town expected them to know before ment. For example, hundreds of bil- of everything. they graduated from our high school. lions of dollars and many decades will Mr. NEUMANN. That is the first But that is the difference between be required to clean up Federal hazard- antienvironment vote that we took, be- the idea of Washington, DC and the bu- ous waste sites. I will give the gen- cause that is what we said. We want a H4180 CONGRESSIONAL RECORD — HOUSE April 30, 1996 cost-benefit analysis before we enact a worldwide abortion, if we vote against well, I am getting off the subject. The new regulation. family planning as part of the foreign Freemen are out there in Montana and Does the gentleman think it makes aid package, is that an environmental surrounded by the FBI, there is a sense, when we talk about spending the vote? If a Member voted against pro- standoff, there is a possibility that we American taxpayers’ dollars to clean moting abortion on an international may have some kind of violent explo- up waste sites, that we first do a risk basis, that is an antienvironmental sion there. What does it have to do assessment and we clean up the sites vote. with the budget of the United States? that are the highest risk to the envi- I think the gentleman has a great What does it have to do with the fact ronment first and the other ones later? quiz, and I want to thank my col- that the Republican majority are Mr. BROWNBACK. Well, I would leagues for joining me. I think we are boasting they cut the budget by $23 bil- think that it would make absolute going to keep raising this issue over lion? Well, the article that I am refer- sense to clean up the highest priority the coming weeks. ring to that appeared in today’s New ones first. Washington has drawn its strength York Times is headlined as follows: It But I want to inquire of the gen- from this myth for way too long. Wash- says ‘‘Freemen Depended on Subsidies. tleman of one. Does the gentleman ington cannot solve everybody’s prob- Evicted Anti-Tax Rancher and Part- think when we clean up an environ- lems, and when it pretends to, it really ners Got $676,000 in U.S. Aid.’’ mental site that we should pay more to ends up too often hurting America and These are people who are angry with lawyers and lawsuits on cleaning up an Americans. the government and have been yelling environmental site or should we actu- When we move decisionmaking to loudly to outsiders that they want the ally pay money to clean up that site? Washington, we substitute Washington government off their back. The latest Mr. NEUMANN. It is clear to me we wisdom, ‘‘Washington wisdom,’’ for the sign that has been posted by the leader should be using the dollars to clean up common sense of the American people. of this group calls the U.S. Govern- the site. And right now only 50 percent That is not the direction we want to be ment a corporate prostitute. Neverthe- of the tax dollars are actually getting going. That is not the direction we less, they are the beneficiaries. The out there to be used on cleaning up the need to go to address the problems that Clark family is the beneficiary of site. are facing this country. It is costing us $676,000 in U.S. aid. And I would point out that is another trillions and trillions of dollars. This category certainly has not been vote that has been scored as I think working together we will one hurt much by the $23 billion in cuts be- antienvironmental if we do a risk as- way restore Washington to its proper cause the $23 billion in cuts that have sessment. role in American society. That is what taken place under the leadership of the Now let me ask another one. If the our colleague from Arizona talked Republican majority do not involve Federal Government initiates a new about when we began this an hour ago. drastic cuts in the programs that the rule or a new regulation, and that new There is much work to do to make that Freemen were beneficiaries of, agri- rule or new regulation causes an indi- happen, but we are committed to work- culture programs of various kinds. vidual’s property, has individual prop- ing on that and seeing what we get There is a whole slew of agricultural erty, to decrease in value by more than back to common sense America and beneficiary programs that have been 20 percent, say, the public is going to away from Washington wisdom. flowing to the farmers, the agri- gain by this new rule or regulation. f businesses, for many years and they They want a waterway through a farm, are not being drastically cut in this $23 CUTS IN GOVERNMENT WASTE so a farmer can no longer farm his billion cut this year. NOT MADE IN NEW BUDGET land. So they initiate this new rule or The farmers programs are going to be regulation. The SPEAKER pro tempore (Mr. phased out over a 7-year period. That is Does the gentleman think it is rea- CHRYSLER). Under the Speaker’s an- the public relations hype that we have sonable that the Federal Government nounced policy of May 12, 1995, the gen- been told: Do not worry, they are going should compensate the individual citi- tleman from New York [Mr. OWENS] is to be phased out over a 7-year period. zen for the loss of his property value? recognized for 60 minutes as the des- But they are still absorbing billions of Mr. BROWNBACK. Not only reason- ignee of the minority leader. dollars in waste. able, but I believe constitutional. Mr. OWENS. Mr. Speaker, last Thurs- And I will read on in this article and Mr. NEUMANN. That is called day we passed a large appropriations we can see what kind of waste I am takings, and that is the third bill which completed the process of talking about. In the case of Mr. Clark, Ralph E. antienvironmental vote we took. budgeting and appropriations for the Clark is the leader of the Freemen. It Let me do one more question. If there fiscal year which began last October 1. is his ranchhouse that is surrounded. was a forest fire and the trees burned It is finally all over and I have read the ‘‘Mr. Clark, a Freeman in a cowboy out, and we are now looking at all this boast in the papers and heard them on hat, nailed to a fence post a manifesto charred timber out there, and a lumber television and radio of the majority denouncing the Federal Government as company says I can still harvest some party, the Republican majority, that a corporate prostitute.’’ I am quoting. of the timber, even though it is they have cut the Federal budget by ‘‘Corporate prostitute’’ is his language. $23 billion this year, $23 billion since charred, we can still harvest some of But to read on in the New York Times they came into power; $23 billion has this timber. article obviously April 30, 1996, which I So the lumber company makes a deal been cut out of the Federal budget. will enter into the RECORD, to read on, And one would say, well, it is won- they will buy the charred timber and quoting from the article, ‘‘But tarnish- derful that all that waste has been replant the forest. Would it make sense ing this image of rugged individualism, trimmed, but when we examine the na- to the gentleman that we would allow a new study of Federal payments indi- the lumber company to go in and har- ture of the cuts, we find that the places cates that over the last decade Mr. vest the charred timber and replant the where one knows there is a great deal Clark and his ranch partners received forest, as opposed to leaving the of waste have not received any great $676,082 in government checks to cush- charred timber to stay there to rot? cuts. On the other hand, when we go to ion a variety of farming setbacks.’’ Mr. BROWBACK. That would make look at the fine print of what we passed We, the government, we the people sense to me. last Thursday, we find there are many, we the taxpayers have been cushioning Mr. NEUMANN. That was the fourth many people on the bottom, the folks the setbacks of Mr. Clark and his fam- antienvironmental vote that has been who need the most in our society, who ily over the last 10 years. scored by the environmental groups in are going to be hurt. They are the vic- this country today. tims of the $23 billion in cuts. b 2145 Mr. HOEKSTRA. If the gentleman It is quite interesting just to pick up They were dependent on the helping will yield, I think just recently the today’s paper, the New York Times, hand of the government, just like ev- fifth environmental vote was if a Mem- and see a contrast in articles. On one erybody else up there in agriculture, ber votes against allocating family page we have an article which talks said Kenneth Cook, who is the Presi- planning, which is the code word for about the Freemen. You might say, dent of the Environmental Working April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4181 Group, a nonprofit group in Washing- reads: Dole calls Public housing one of retary of Agriculture. They got a whole ton that researches farm subsidy pro- the last bastions of socialism. Dole lot of public complex boards and var- grams. Quote, continuing: But even by calls public housing one of the last bas- ious entities that make judgments the standards of agriculture, hundreds tions of socialism. about who is going to get Farmers’ of thousands of dollars over 10 years, You know, what is my theme for Home Loan mortgage money, who is that is substantial, added Mr. Cook, today? My theme is that it appears going to have money forgiven. I have who is an analyst who compiled the fig- that, if there is a benefit available for talked before about the fact that we ures on Friday after studying computer very poor people, people that are on forgave $11 billion in Farmers Home files on farm subsidy checks issued by the very bottom of our economic stra- Loan mortgages over a 5-year period. I the Department of Agriculture from ta, then automatically it is a horrible still have not found out how the rules 1985 to 1994. Documents filed at the program and anything they get is too are made for forgiving loans in the Garfield County courthouse also offer much. Anything that people on the Farmers Home Loan mortgage pro- glimpses into the heavy reliance on bottom get is too much. Anything the gram. But obviously the rules are not government aid by the 65-year-old average American, the needy American for ordinary common Congressmen to farmer who now symbolizes the gets, that is too much. know. I am not a member of the over- antigovernment Freemen group. Mr. Speaker, on the other hand, it lord group. In the 1994 foreclosure sale of Ralph appears that there is a group of people Agents of the overlords do not have Clark’s 960-acre homestead, court docu- in America which never have enough, to tell how they decide who gets all of ments show that Mr. Clark signed a 10- and more and more is always projected this farm subsidy money, Farmers year contract in 1990 to receive an an- and that is still not enough. We cannot Home Loan mortgage money. But when nual payment of $48,269 under the Con- give the farmers too much. More and it comes to my district, the 11th Con- servation Reserve Program and was more is projected and that is not gressional District in New York City, paid through 1994 under that program. enough. Nobody calls the agriculture in Brooklyn, the 11th Congressional Under this program, which is highly program, which is rampant in Kansas, District has one of the poorest commu- popular in Montana, farmers agreed to the State of Kansas, nobody calls that nities in America located within it. suspend production on steep slopes and socialism. But there, the Senator from Brownsville is primarily made up of other land highly subject to erosion, Kansas in this article in the New York public housing units. There are about planted it with grass that will not be Times today is saying that public hous- 20,000 people in Brownsville who live in grazed or cut for hay. Critics of the ing is one of the last bastions of social- public housing, some of the best public program, which began in 1985, often ism. housing in the country, by the way, call the program paying farmers not to It seems that there is a group of peo- well-kept. farm. I would go even worse, I would go ple that I choose to call the overlords The New York City housing author- even further. Sounds like a racketeer- of America. You cannot talk about ity over the years, for the last 30 years, ing enterprise. To pay farmers to select then in simple class warfare terms. certainly since public housing ex- steep slopes in their land and plant Class warfare is an obsolete notion. It panded, has been one of the leading grass instead of planting something does not tell us anything. We talk public housing authorities in the coun- else in order to keep it from eroding, to about class warfare. You have to define try in terms of the way public housing pay them large amounts of taxpayers’ people as being in the middle class and is operated and kept. A lot of problems, money, I consider that a racketeering the upper class and the lower class. but still there is a long waiting list. enterprise with the government par- That does not describe what is going on People want to get that public housing ticipating. in the world at all. in New York City. So, public housing is Mr. Speaker, they found an excuse, There is a class of overlords in the good housing for poor people in they found an excuse to pay these world. Overlords are people who have Brownsville. farmers large sums of money. You certain privileges and seem to have ac- They have to listen now to the Sen- would be a fool not to take it. I con- cess to public funds and the public ator from Kansas, who happens to be tinue to quote from the article. You treasury, and they have their own the presidential candidate for the other would be a fool not to take it. Nick agents in public places, and we can party call public housing one of the Morner, the Garfield County attorney, never give them too much, the over- last bastions of socialism. Agriculture, said of the subsidy money, referring to lords. Among the overlords are the which funnels billions of dollars to the the skill in winning subsidy payments. farm program recipients. Overloads are Ralph Clarks of the world, billions of He added, everybody in the county not always millionaires. There are a dollars to agribusiness, is never seen as knows that is what they have been lot of millionaires that are taken care socialism, but now public housing is doing with a population of only 1,300 of by the agents of the overlords. one of the last bastions of socialism. people. Garfield County received $63 Greenspan is an agent of the over- Well, perhaps it is, and my answer to million in farm subsidy payments from lords. The Federal Reserve is part of a that is it is good socialism. What is 1985 to 1994. A population of only 1,300 government banking industrial com- wrong with socialism for ordinary peo- people in Garfield County received $63 plex, and Greenspan sits on top of that. ple? If you are going to have socialism million of your taxpayers’ money in He guarantees that the banking over- for agribusiness, then why do we not farm subsidy payments from 1985 to lords will always be taken care of, even have socialism for the homeless, social- 1994. Stop and think about what that if it means suffering for large numbers ism for the people who might be home- means. of Americans who are out there in the less if they did not have public hous- Now, these are not the people being work force. ing. Socialism for senior citizens. cut in the 23 billion dollars’ worth of Greenspan makes certain that as the I was at a meeting last Friday called cuts that the Republican majority is so level of unemployment drops, if our to take a look at what is happening loudly proclaiming victory about. economy is doing very well, lots of peo- here in Washington with the commit- These people are not being cut. These ple are unemployed. Greenspan puts tee on housing and banking. The people programs are not being cut. Whether it the brakes on, tightens up on the in my district have been told that the is in Montana or in Kansas, in Montana money and the investment lessens and Brook amendment, which says that no or in Kansas, these are not the pro- unemployment goes up because people more than 30 percent of your income, if grams being cut. are not expanding industry. They can- you are in public housing, you do not One of the programs that is receiving not hire people, and the unemployment have to pay more than 30 percent of a big cut this year is the 23 billion dol- goes up. The suffering of workers be- your income for rent. And that has lars’ worth of cuts in public housing, comes a barometer for progress for been eliminated by the Republican ma- housing for poor people, housing for Greenspan, who is the head of the Fed- jority in the House of Representatives. the homeless. I am going to switch to eral Reserve Bank and the agent of the The Senate has not acted on it yet, but another New York Times article that banking overlords. it has been eliminated by the Repub- happened to appear on the same day. So the overlords for agriculture, I lican majority here in this House. So Today, Tuesday, April 30, the article suppose, the chief overlord is the Sec- they are concerned. H4182 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Mr. Speaker, at that meeting the reasonable amount. The banking over- income taxes, State taxes,’ Mr. room was full of senior citizens. Yes, in lords took it over, and the banking Murnion, The County Attorney, said, the area of Brownsville, there are overlords have raised the $10,000 referring to one of a series of strategies many young families also that live in amount up to $100,000. And the banking Mr. Clark tried over the last 15 years public housing. But I suspect the prob- overlords can play the game so that it to avoid losing his farm.’’ lem with some of the younger families is $100,000 in each bank. If you are rich, ‘‘Mr. Clark’s financial problems date is that, unlike the senior citizens, they you can go from bank to bank and you to 1978, when, following the trend of do not know of a time when they did can end up with several million dollars the time, Mr. Clark borrowed heavily not have the public housing. Every sen- in the banks insured by the FDIC so to expand his holdings, adding 7,000 ior citizen in that room knew that that the taxpayers are going to cover acres to his original homestead.’’ when they were born, federally fi- your millions of dollars under this so- Now, if you have the image of a nanced public housing did not exist. cialized banking program. struggling farmer out there in the New They know it did not exist before they Mr. Speaker, so socialism for bank- Deal days, when President Roosevelt were born. They know that it is pos- ing is all right because the overlords first created the farm subsidy program, sible to lose it, that when they die it benefit. Socialism for agriculture is all reaching out to the Federal Govern- may be gone. And they are ready to right because the overlords benefit. ment to get much-deserved assistance fight for it. But all of a sudden socialism in hous- to keep family farms alive, and then The people who take it for granted ing is under attack and will be a lead- using that to maintain a family farm are the ones who came on the scene, ing target, one of the major targets in to not only take care of his own family they found public housing, and they the coming political campaign. Social- but to provide to the overall economy, really do not understand that it came ism in housing, giving housing to poor to keep the cost of food down, we know out of Democratic efforts. It came out people: Well, that also fits, I suppose in all the good things that flow from an of the New Deal. It came out of Frank- some kind of bizarre pattern, some agriculture program that is working lin Roosevelt’s grand design to help kind of bizarre maze. properly, but not Mr. Clark. He went poor people, the same Franklin Roo- Mr. Speaker, we do not hear any at- into heavy debt in order to expand his sevelt that created public housing, so- tacks on the situation that created the farm, which was already very large, by cialism in housing, if you want to call monstrosity in Montana, the Freemen 7,000 additional acres. planning, appropriating public funds, out there go home free. They are not In May of 1982, the Farmers’ Home giving people housing according to being attacked. They are not being tar- Administration, however, had to call in their needs, charging them only ac- geted. Probably the Democratic-Repub- his entire outstanding debt of $825,000 cording to their income, if you want to lican campaign in the coming election because the greed, the greed that drove call that socialism, then that is one will completely ignore the economics Mr. Clark to expand his farm, to buy brand of socialism, I guess. of the situation that created the crisis more land, evidently was not based on It is better than the brand of social- in Montana. With a population of only anything sound. In fact, it was prob- ism that the Agriculture Department 1,300 people, the taxpayers were being ably part of a racketeering plot. He applies. Agriculture does not require swindled out of $63 million in farm sub- knew the land he was using was not people to be poor. Everybody who owns sidy payments over a 10-year period. going to produce anything. They just some land, by the fact that they own b 2200 wanted the money. land, Mr. Clark owned thousands and Let me continue to read from the ar- Why do I say that? I am only reading thousands of acres, it did not stop him ticle about the standoff in Montana from the New York Times because in from getting large subsidies from the and show you how the standoff in Mon- another section here I am going to Agriculture Department. In fact, the tana relates to the $23 billion in budget skip, remember the entire article will more you own, the bigger you are, the cuts that impact mostly on the poorest be entered into the record, if you are more you get from the taxpayers of people of America and do not cut waste interested, and I am going to skip to America, the more you get from the because these are the recipients of another section which describes the be- Government. waste. havior of Mr. Clark in case you are So that is a socialism you might call In the same period that Garfield weeping for the man who had his farm big belly socialism. The belly of that County received $63 million in farm foreclosed because he owed the Federal socialism is enormous. That socialism, subsidy payments, the section of Jor- Government $825,000 in outstanding indiscriminately showering its social- dan where the Clarks live, 76 farmers in debt. Do not weep. Save your tears for ism on the rich and the few poor farm- that section, 76 farmers, received $7.3 the people who are denied the mini- ers left. Of course, there are a few poor million from 31 different farm subsidy mum wage. Save your tears for the farmers left in America, and we cer- programs. homeless out there who will have fewer tainly want to see they get some kind I said before that there are a lot of public housing units. Save your tears of help from the Government. In fact, different pieces in the farm racketeer- for the people who really need it. that is what Franklin Roosevelt in- ing setup, a lot of different pieces: The Mr. Clark, to continue reading from tended when he created the farm sub- Farmers’ Home Loan Mortgage, which the article, quote, ‘‘When Mr. Clark sidy program. The same man who cre- is very seldom discussed. We talk about and other Freemen farmers had money, ated the subsidy program in housing the farm subsidy program on the floor they did not always spend it wisely, created the subsidy programs in agri- of the House a great deal, but we do not neighbors said. After winning one stay culture, all to help poor people. The talk about all those other pieces. But of foreclosure from the Farmers Home same man who created subsidy pro- there were 31 different farm subsidy Administration, they recalled, he grams in housing and subsidy programs programs that the racketeers in Ralph bought,’’ Mr. Clark bought, ‘‘a Lincoln in agriculture also created the Federal Clark’s gang tapped into. Continental. Bill Stanton, a 65-year-old Deposit Insurance Corporation to safe- Continuing to read from the article, neighbor who joined with the Freemen, guard the money that every American quote: ‘‘‘What stands out about Ralph was known by neighbors to have spent puts in the bank. Clark is the complexity. Ordinarily a his Federal subsidy checks on things When Franklin Roosevelt, the Demo- family farm is not that complicated.’ like a helicopter, a motor home and crat, the New Dealer, the socialist, ‘‘Over a 10-year period, Federal gambling trips to Las Vegas, Nevada, when he created the FDIC, the Federal checks went to 11 entities with interest and the Bahamas.’’ Deposit Insurance Corporation, which in the main Clark homestead here— Taxpayers, you want to know what is socialism in banking, you might say first, to Mr. Clark; then, from 1988 to you should get angry about? You want that the Federal Government stands 1993, to a corporation in which Mr. to know what should drive you into a behind your deposits, insuring that Clark was a stockholder, and then, in rage? This is not atypical of the way your deposits up to a certain point will 1993 and 1994, to a revocable trust in farm subsidies, Farmers home loan not be lost because the Government which he had an interest. mortgage money has been used. stands behind it. When Franklin Roo- ‘‘‘Around 1992, they were setting up Two years ago, we had an article on sevelt first created it, it was $10,000, a revocable trusts as a means of avoiding the front page of the Washington Post April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4183 that talked about four millionaires, a psychological labeling. It is the way the Tuesday, April 30, today’s New four or five millionaires; I do not re- things are developing. It is nothing York Times, and it is labeled ‘‘Freemen member the exact number; who were very simple. You cannot put your hand Dependent on Subsidies, Evicted Anti- doing worse things than this. They had on it. Persons untouchable today could tax Ranching and Partners got $676,000 airplanes, they had airfields, they had be an overlord in a few years. In fact, in U.S. Aid,’’ and the article concludes all kinds of things that they were using that is part of why the old class war- by saying ‘‘Two weeks ago, surrounded the taxpayers’ money to finance. Mr. fare nomenclature does not apply. You by Federal agents, embittered by Fed- Clark bought a Lincoln Continental, cannot talk about America in terms of eral justice and cut off from Federal his neighbor bought a helicopter, a class warfare because the folks on the aid, Mr. Clark ordered a follower to motor home, and he took gambling bottom are dreaming that one day they nail to his fence the manifesto,’’ that trips to Las Vegas, NV, and the Baha- will be overlords, and therefore it gov- proclaimed, quote, ‘‘Freemen are not a mas. But he is in the overlord group. erns the way they think, it governs the part of a de facto corporate prostitute, No one is criticizing him. He will not way they resist the overlords, and it a.k.a. the United States.’’ be a target in the upcoming political governs the way they react to the The overlords of the agriculture in- campaign. agents of the overlord. Large numbers dustry have gone berserk, and they are Agricultural socialism is acceptable of people may think I may one day be biting the hand that has fed them for socialism obviously, and the candidate an overlord, so let us leave the system so long, and now they even want to get who has said that we got to get rid of in place. What they do not know is that violent with the people who have fed housing socialism is from a State the evidence has shown that there are them for so long. where there are large amounts of this fewer and fewer people rising from the Americans in the rest of the country, agricultural socialism. bottom, the middle class, to become Americans who are not on the agricul- I am sure in Kansas there are a large overlords. tural dole, listen carefully, understand number of Randolph Clarks, probably At any rate, ‘‘Increasingly the sub- where your money goes. Most of this smarter than Randolph Clark because sidy checks became crucial for the sur- was not cut. It is still flowing to people they have not gone off their rocker. vival of the Clark clan,’’ quoting from like Randolph Clark and to folks who They have not completely lost their the New York Times article. ‘‘Increas- are really much better than Randolph senses. Mr. Clark is such an overlord ingly subsidy checks became crucial Clark but still they are willing to sit and has been an overlord for so long, he for survival of the Clark clan. In Janu- there and take the socialism of the ag- has gotten so much from the Govern- ary 1994, the Clarks led a group of ricultural industry and complain that ment, that he really believes that he armed men to stone the county court- they want to get Government off their has a divine right. You are talking house here. At issue was a Federal sub- back, complain about Government about a divine right of farmers to swin- sidy check that the former wife of spending too much money on the dle the American taxpayers. That is Richard E. Clark, Ralph Clark’s neph- homeless, they complain about Govern- what Mr. Clark is upset about. I have ew, was seeking in a divorce payment.’’ ment providing jobs for poor kids dur- the right, and therefore the fact that I They were fighting among them- ing the summer. These same people are owe $825,000, why are you bothering selves over a farm subsidy check, and guilty of monumental hypocrisy, and me? You know, why come bother me they stormed the courthouse. It was the Representatives that come from after all these years of largess, of lay- the beginning of the great revolution of their States are guilty of monumental ing down millions of dollars? Why the Freemen in Montana. hypocrisy when they go on the floor or bother me? I am going to go to war. It all relates, my colleagues. These go anywhere and make statements So they are at war. They have got ri- people who say they want to get Gov- about public housing being the last fles. They are ready to kill people. Do ernment off their back, people who say bastion of socialism. Public housing not get between them and their right that Government does not owe them may be good socialism, but it is not the to the taxpayers’ dollars. anything, Government should not help last bastion. It is not the worst bas- Continuing to read from the article: anybody, God helps those who help tion, it is not corrupted bastion. ‘‘In the 1980’s, opposition to Federal themselves, leave me along, I will do The corrupted bastion of socialism in aid became heresy here.’’ In Jordan, my own thing. Thousands and thou- America is agriculture. The overlords where these people live, anybody who sands of them exist out there, receiving of agriculture must be examined very came along and said they opposed Fed- farm subsidy checks in large amounts. closely, the whole set of activities that eral aid was in trouble. There was a They say everybody else is the recipi- are occurring in America based on the group that came along and talked ent of socialism, but they receive so- overlord assumptions, assumptions about getting rid of Federal aid, and cialism in gigantic amounts. that certain people owe them more and their windshield was smashed. A The overloads, the agricultural over- more. smashed windshield greeted Bob Scott, lords, they do not receive nearly as Have you ever read an article in the a Montana environmentalist, when he much money as the banking overlords. New York Times, the Washington, visited Jordan in 1987 to propose that The oil industry overlords; we have Post, or most of the establishment local ranchers be weaned from Federal higher gasoline prices right now. There newspapers which criticized the cor- aid through the creation of a huge deer are a dozen ways in which the Govern- porations for making more profits? and bison hunting preserve. ment could act to bring down the price b Let me read that again. Here is an of gasoline just by making it a level 2215 environmentalist who comes along who playing field for the consumers versus On the contrary, when the corpora- also obviously cares about waste in the oil industry. But oil prices have tions lay off people, downsize, stream- Government. He wants to see Govern- been kept inflated for a long time now line, merge, for whatever reason they ment streamlined and downsized. He in order to pay for investments and to lay off large numbers of people, they wants to see it done honestly. He does pay certain rate of returns. lay off thousands of people, the articles not want to see streamlining and So the socialism of the oil industrial that appear on the editorial page are downsizing done on the backs of people complex is why we are having a great usually articles that say, we are sorry, in public housing, done on the backs of increase in gasoline prices that will go we mourn the fact that people have children’s lunch programs. He does not on for a while, a little while, while been laid off; however, in the global want to see streamlining done by de- they make large amounts of money, economy, American corporations can- creasing the number of jobs available and they will cut it off because the out- not survive unless they are tough. in the Summer Youth Employment cry will be so great until they have to They cannot survive unless they do Program. bring down the price of gasoline prob- what they have to do. Unless they You know this $23 billion that has ably within about 3 or 4 weeks. downsize or merge or streamline, they been trimmed from the budget this Anyway, I want to conclude this arti- cannot continue to provide the good year has come from the peasants on cle. I did not mean to go on for so long. things that they provide to America. the bottom, the untouchables of Amer- This is an article, I say for anybody The New York Times, the Washing- ica, and I use this because this is just who joined us late, that appeared in ton Post, none of these entities are H4184 CONGRESSIONAL RECORD — HOUSE April 30, 1996 blind or stupid. They know that thou- of the law to pay 40 percent. We have get the time we can get in order to edu- sands of workers are being laid off. never paid that much, because the ap- cate the American people about what is Why do they not write editorials and propriation process has always kept it going on. say that people are losing jobs as a re- down. The most we pay is, we pay 8 It paid off. In the case of education, sult of these actions being taken by percent. But 8 percent is still a sizeable we beat back $5 billion in cuts to very these corporations? What they are say- commitment. vital programs, but we did not win to- ing in the case of the proposal to raise In the current legislation, it caught tally. For $1 billion dollars was cut the minimum wage is, Do not do it, it me by surprise, because when I spoke from the Pell grants. Pell grant carry- is silly, it is stupid, because people will last week I did not realize that in the over money was used to make up $1 bil- lose jobs if you raise the minimum current legislation, somehow any dis- lion. That was not known. That was a wage. The same newspapers that have cussion of the obligation of the Federal hidden cut. So you have the poorest no concern about the jobs that are lost Government to that 40 percent has college students, and Pell grants are as a result of merging, downsizing, and been omitted. Children with disabil- for disadvantaged, low-income stu- streamlining are very concerned about ities are on the bottom. They are un- dents, the poorest students contributed jobs that will be lost because we raise touchable in the eyes of the Republican $1 billion in cuts that they did not the minimum wage by 1996. The theory majority here. They are not overlords. know about. is that if you raise the minimum wage They do not deserve to be protected. The Perkins loan also took a sub- by 1996, employers out there will not be Let me just close by specifically stantial cut, from $176 million to $113 able to afford the workers, so they will looking at the overlord untouchable million. The money goes to disadvan- lay off some; so crocodile tears are mentality at work, the attitude at taged students seeking college aid, being cried about the possibility that work in the budget cuts last week; the again the untouchables people at the people will be laid off because the eco- final touch, the completion of the proc- very lowest rungs, and they are the nomics of the situation are such that ess for the budget for the fiscal year people who fueled this $20 billion in to give more to the people on the very that began on October 1 of 1995. That is cuts. bottom will produce a situation where completed now, and as I said at the be- In the Health and Human Services people lose jobs. ginning, the Republican majority are budget, the low-income heating assist- If we are concerned about people los- happy. They are parading through the ance program lost $14 million. Yes, we ing jobs, let us start at the top and say, streets with a banner which says, ‘‘We did raise our voices about that, and I Do not have anymore streamlining, cut the Federal programs. We cut the am glad that we beat back an effort to layoffs, or downsizing, because people Federal Government by $23 billion.’’ cut it totally, but they lost $14 billion. will lose jobs. All of a sudden the Let us take a look at those cuts in In the housing area, which the Sen- media, the newspapers, have come to more detail. ator from Kansas is calling socialism the aid of the overlords. They can do In education, where at first they today in the New York Times, there no harm by streamlining. If they want wanted to cut $5 billion out, but on the were 20 separate authorizing provisions to make more profit, then they are ap- floor of this House there was a great put into the housing program. This is plauded. That is great for America. But campaign mounted to let the American an appropriation bill, and the rule says if you want to take care of the un- people know the nature of those cuts. you are not supposed to authorize on touchables and the peasants down at There are people who say that if you an appropriation bill, but rules and the bottom all of a sudden, do not do are in the minority, then who needs parliamentary procedure, democracy, it. We have an overlord versus the un- you? If you are in the minority, you in this Congress has all been thrown touchables mentality. are of no use to the Nation. But the away long ago. So in the housing ap- I said last week that in too many ac- campaign mounted by the minority, propriations, there are 20 separate au- tivities the overlord versus untouch- the Democratic minority, against the thorizing provisions, which move us able mentality crops up. The people cuts in education is one example of closer and closer to the time when with disabilities in America are sud- why you always need the loyal opposi- there will be no public housing as we denly labeled as untouchables. We have tion, why you always need a minority, know it. a whole series of policies being formu- because the interests of the people out HUD lost $1.1 billion in grants for lated, being pushed by the Republican there in the final analysis, if it is prop- homeless housing; $1.1 billion was Party, going after people with disabil- erly understood, if the people, if the taken away from grants to assist ities. You want to go after their Social voters understand where their interests homeless people, $1.1 billion from the Security benefits, you want to go after lie, they will impact on the decision- untouchables, the people at the very them through Medicaid, and have them making process in a democratic gov- bottom. The Legal Services Corpora- defined by each State as to who has a ernment. tion lost 31 percent of their funding. disability or not. It takes a lot of talking, a lot of il- About a third of the neighborhood law The latest attack on people with dis- lustrations, a lot of charts, a lot of rep- offices will have to be closed across the abilities is an attack on children with etition to do it, but it was done. So, $5 country. disabilities. In my committee, the billion in proposed education cuts were Legal services is for the poor, people Committee on Economic and Edu- beaten down. We did not get them be- on the very bottom who want to be cational Opportunities, a bill has just cause day after day, night after night, able to take advantage of our great de- been passed by the subcommittee on the floor of this House, a campaign mocracy and the court system. If you which deals with cutting back dras- was mounted to educate the American do not have a lawyer, it is usually im- tically on services, Federal assistance people about what was happening and possible for you to do that. This is only for children with disabilities. All of a how harmful it would be to the chil- for civil cases, not for criminal cases. A sudden, they must save money here. dren of America. From the school campaign was mounted by the Repub- We must trim money here for children lunch cuts to the cuts in title I, the lican majority and it succeeded, so with disabilities. We can no longer cuts in Head Start, we kept banging some of that $23 billion is to take away have a commitment by the Federal away at it. any legal assistance for poor people. Government. There are people who say you waste The Department of Labor took a 7- There is a commitment in the au- time when you go on the floor during percent cut overall. The Department of thorizing legislation which says that special orders, it is a waste of public Labor took a 7 percent-cut. The De- the Federal Government will pay 40 money, et cetera. We get very little partment’s deepest cuts, where did percent of the excess costs. The dif- time during the regular session, so we they fall? You can guess. The Depart- ference between what it costs to edu- need special orders. This House, with ment’s deepest cuts fell in employment cate a child who does not have a dis- 435 Members, meets far less than the and training programs that help dis- ability and what you pay additional to other body, which has 100 Members. advantaged adults and laid-off workers. educate a child who does have a dis- The time spent on the floor by the The deepest cuts fell in employment ability, the Federal Government is other body is far greater than the time and training programs that help dis- committed by the authorizing language spent on the floor by this House. So we advantaged adults and laid-off workers. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4185 The pattern is clear. The untouchables, where we were last year. The schools in tion and it said that in addition to the people on the very bottom, not the New York will get the same amount of testing children to see how much they overlords, have to bear the burden of money. have learned, in addition to establish- the $23 billion in cuts. Drug-free schools is restored at the ing standards across the country so We are still going to hear more later 1995 level. Bilingual education, $75 mil- that you could compare what is being on about tax cuts, which is like giving lion has been added to the House level taught from one State to another and to the overlords. That $23 billion we for a total of $128 million. This is an in- then testing young people from one have cut out, we are going to take part crease over what the House had cut be- State to another, to compare to see of that and make a gift to the over- fore. New York City will receive $15.3 how they are doing, you ought to also lords in terms of a tax cut for the rich. million of that bilingual education have something called Opportunity to Some of the other programs that were funding. cut, I want to be specific about edu- Summer jobs, unfortunately, I have Learn Standards so that you look at cation, since education is the commit- overstated that in the last week. I from one State to another what oppor- tee that I serve on. thought we were exactly at the same tunities to learn are being provided. We heard the gentleman before me level, but we are going to lose some Are you providing decent schools, safe talk about education and how it is jobs because the amount of money re- buildings that do not have lead poison- awful that the Federal Government is ceived by New York City will not be ing and asbestos? Are you providing involved in education to the extent $29.9 million which was received last laboratories for science teaching and that it is. Of all the industrialized na- year, it will be $21 million, which science equipment? Are you providing tions, the United States of America is means it will be a pretty substantial library books that are up to date so the least involved in education at the cut in the number of jobs that young- that kids are not reading books 30 central government level. We give the sters will be able to get this year. After years old and history and geography least amount of money. Less than 7 all, they are on the bottom. These are which do not have the latest countries percent of our education budget is sup- poor, disadvantaged youngsters, part of that have been established over the plied by the Federal Government. untouchable class, not part of the over- last 15 years in them? Are you provid- They talk about the Federal Govern- lords. So they have been cut. They ing qualified teachers so that you do ment trying to run our schools. If you have to make their contribution to the not have a situation like the one in are giving 7 percent of the money, and $23 billion in downsizing. most of the programs that you fund New York City which 3 years ago a sur- b 2230 with the money are voluntary, how can vey showed that in three-quarters of you be running local schools through The good news is that Head Start re- the city where Latino and African- the Federal Government? But they cut ceived additional money and New York American children went to school, all magnet schools. Magnet schools made City will receive $97 million, an in- the teachers of math and science had a contribution of $16.5 million to the crease of $3.8 million over last year’s not majored in math and science in col- $23 billion cut. figure. lege so they were not qualified to teach Howard University, Howard Univer- There is one place where we gained, math and science in junior high school sity made a contribution of $22.3 mil- Head Start for poor children, one place so the kids went into high school crip- lion to the $23 billion cut. If you have where the untouchables, the people at pled because of the fact they did not a chessboard, you can look at the rook, the bottom were able to gain. Cops on have a good foundation in junior high the knight, the queen, et cetera, and the Beat, $1.4 billion is included for school. Opportunity to Learn Stand- Cops on the Beat, compared to zero you can see as they take it away—they ards would have taken care of that. took magnet schools off, they got that; that the House had cut it to at one they got Howard University; health time which means that New York City The arrogant Appropriations Com- professions, $19.6 million; Healthy will likely get about 2,200 additional mittee abused its power and it went Start, $11.2 million; dislocated workers police officers. into authorizations. It cut out the Op- assistance, $131 million; adult training, The good news is that when you fight portunity to Learn Standards. We de- $146.8 million; I said Perkins loans be- and you really raise your voice and you bated this for 6 months when the bill fore; State student incentive grants, carry the message to the American was reauthorized. We argued with the $32 million; aid for institutional devel- people, the American people out there Senate in conference for 2 more opment lost $34 million; graduate fel- in all those 435 congressional districts months. It was a deliberative process lowships lost $11 million. have a lot of common sense, and they which concluded with language that Libraries, libraries get a very tiny will respond. Obviously they responded kept the concept in there and educated amount of money in the total budget to the districts of Democrats and Re- Americans as to what is happening publicans and they let it be known to begin with, they lost $11.7 million. overall in educational reform. The ar- The Center for Substance Abuse lost they did not want the cuts in edu- rogant, abusive, over-lord-minded Ap- $118 million; substance abuse preven- cation. They understood what was hap- propriations Committee cut it out. It tion lost $148 million; developmental pening. It was not so complicated. And disabilities, $7.6 million; the Adminis- they decided that we, the ordinary peo- reduces the rest of us and all the au- tration on Aging, $46.6 million; voca- ple, do not want the cuts. ‘‘Don’t treat thorizing committees to untouchables tional education, $22.9 million. The lit- us the way you treat other untouch- in the Congress. We do not have any tle people on the bottom lost. The ables. Treat us the way you treat over- real power. In the final analysis all de- overlords gained. lords. We don’t want the cuts.’’ cisions are going to be made by the Ap- Mr. Speaker, I have to end on an op- Mr. Speaker, I will enter in its en- propriations Committee. It bodes ill for timistic note, so within all the dark- tirety in the RECORD the article that the process. ness, there is some light at the end of appeared in the New York Times on The overlord philosophy, the overlord the tunnel. I close with a final appre- today, April 30, entitled ‘‘Dole Calls ideology will destroy democracy in Public Housing One Of Last Bastions of ciation of the fact that our hard work America if we do not confront it. Un- paid off in education, and title I was Socialism.’’ derstand what is happening. There are not cut, so title I education funding is Mr. Speaker, I close with one nega- overlords, and there are untouchables. now at the same level as it was last tive note. In addition to cutting $23 bil- year. lion, the Appropriations Committee in America was built for everybody, made New York City schools will receive the overlord atmosphere, they acted for everybody, and we have to go to $395 million, an increase of $67 million like agents of overlords and they war. I do not mean physical war but over the $328 million level in the usurped the power of the authorizing political war to make certain that the House-passed bill. If the House-passed committees and they got rid of a con- overlords do not dominate and destroy bill had gone through we would have cept called Opportunity to Learn us. Overlords must be stopped first in lost tremendous amounts of money, Standards. It is just a concept really the budget process and in the appro- but we have now regained. We are because it was in the Goals 2000 legisla- priations process. H4186 CONGRESSIONAL RECORD — HOUSE April 30, 1996 [From the New York Times, Apr. 30, 1996] borrowed heavily to expand his holdings, Township,’’ he signed his name to a series of FREEMAN DEPENDED ON SUBSIDIES adding 7,000 acres to his original homestead. pronouncements setting up a parallel ‘‘com- EVICTED ANTI-TAX RANCHER AND PARTNERS But interest rates soared to 21 percent in mon law’’ system of marshals and grand ju- GOT $676,000 IN U.S. AID 1979, drought struck in 1980 and hail flat- ries. According to the Federal Bureau of In- tened his wheat and barley crops in 1981. By vestigation, the Clark farm compound also (By James Brooke) May 1982, the Farmers Home Administration began to compete with the Federal Reserve, JORDAN, MT, April 26.—Striding to the was calling in his entire outstanding debt of issuing its own currency in the form of mil- edge of Ralph E. Clark’s ranch here recently, $825,000. lions of dollars in bogus checks. a Freeman in a cowboy hat nailed to a fence ‘‘Someone like Ralph didn’t start out Two weeks ago, surrounded by Federal post a manifesto denouncing the Federal hating the system,’’ recalled Sarah Vogel, a agents, embittered by Federal justice and Government as a ‘‘corporate prostitute.’’ lawyer who helped him to postpone fore- cut off from Federal aid, Mr. Clark ordered a But tarnishing this image of rugged indi- closure in 1982 and who is now North Dako- follower to nail to his fence the manifesto vidualism, a new study of Federal payments ta’s Agriculture Commissioner. ‘‘He was a that proclaimed: ‘‘Freemen are NOT a part indicates that over the last decade Mr. Clark genuine, old timey rancher, who grew up to the de facto corporate prostitute a/k/a/ the and his ranch partners received $676,082 in without a telephone, who used to deliver United States.’’ Government checks to cushion a variety of mail by horseback because they didn’t have farming setbacks: droughts, hailstorms and DOLE CALLS PUBLIC HOUSING ONE OF ‘LAST roads.’’ low prices for wheat wool and barley. The BASTIONS OF SOCIALISM’ In dealing with the Federal bureaucracy, flow of Federal money was not enough to (By Adam Nagourney) Ms. Vogel recalls, Mr. Clark labored under a prevent foreclosure on the ranch two years hidden handicap: he had never learned to WASHINGTON, April 29.—Senator Bob Dole ago, but Mr. Clark refused to leave, setting read or write. ‘‘He never admitted it,’’ she called today for an end to Government-as- the stage for a siege that is now in its fifth said. ‘‘I remember driving to the hearing, sisted housing programs, terming public week. housing ‘‘one of the last bastions of social- ‘‘They were dependent on the helping hand and he said, ‘I forgot my glasses at home, could you tell me what that street sign ism in the world’’ and attacking the Clinton of Government, just like everybody else up Administration for regulatory excess that he there in agriculture,’’ said Kenneth Cook, says?’ ’’ To handle the paperwork of modern farm- likened to the ‘‘thought police.’’ president of the Environmental Working Mr. Dole called for the elimination of the Group, a nonprofit group in Washington that ing, he relied on his wife, Kay, or on his son, Edwin. Department of Housing and Urban Develop- researches farm subsidy programs. ment, and declared that Government had an ‘‘But even by standards of agriculture, Ms. Vogel’s defense of Mr. Clark drew an obligation to maintain basic services for the hundreds of thousands of dollars over 10 article in Life magazine and a report by poor, but he added: ‘‘These programs have years—that’s substantial,’’ added Mr. Cook, Geraldo Rivera on the ABC News program failed in that mission. They have not allevi- whose analysts compiled the figures on Fri- ‘‘20/20.’’ Following this publicity, charitable ated poverty. They have not; in fact, they’ve day after weeks of studying computer files donations flowed from around the nation to deepened it. on farm subsidy checks issued by the Depart- help the beleaguered farmer. Neighbors said financial help and counseling also came in ‘‘Public housing is one of the last bastions ment of Agriculture from 1985 to 1994. of socialism in the world. Imagine, the Unit- Documents filed at the Garfield County the late 1980’s from Farm Aid, a support ed States Government owns the housing Courthouse also offer glimpses into the group now in Cambridge, Mass. where an entire class of citizens permanently heavy reliance on Government aid by the 65- ‘‘Ralph flunked out of grade school, but he live. We’re the landlords of misery.’’ year-old farmer who now symbolizes the had an ability to mesmerize people,’’ said With his speech to a convention of real es- anti-government Freemen group. In the 1994 Cecil Weeding, a neighboring rancher who is tate agents here this morning, the presump- foreclosure sale of Ralph Clark’s 960-acre married to Mr. Clark’s sister Ada. ‘‘He was a tive Republican Presidential nominee sig- homestead, court documents show that Mr. natural con man.’’ naled his third attempt in two weeks to de- Clark signed a 10-year contract in 1990 to re- When Mr. Clark and other Freemen farm- fine differences between himself and Presi- ceive an annual payment of $48,269 under the ers had money, they did not always spend it dent Clinton. And again, he did so by por- Conservation Reserve Program. Payments wisely, neighbors said. After winning one traying the two men as occupying opposite were made through 1994 the Environmental stay of foreclosure from Farmers Home Ad- ends of the ideological spectrum. He had pre- Working Group said. ministration, they recalled, he bought a Lin- viously attacked Mr. Clinton’s record of ju- Under this program, highly popular in coln Continental. Bill Stanton, a 65-year-old diciary appointments, and over the weekend, Montana, farmers agree to suspend produc- neighbor, who joined the Freemen, was he called for a rollback of the 4.3 cent gaso- tion on steep slopes and other land highly known by neighbors to have spent his Fed- line tax that Mr. Clinton had pushed through subject to erosion, planting it with grass eral subsidy checks on things like a heli- as part of the 1993 deficit-reduction package. that will not be grazed or cut for hay. Critics copter, a motor home and gambling trips to Mr. Dole’s remarks about public housing of the program, which began in 1985, often Las Vegas, Nev., and the Bahamas. were at the heart of a speech that included call it ‘‘paying farmers not to farm.’’ In the 1980’s, opposition to Federal aid be- ‘‘You’d be a fool not to take it,’’ Nick came heresy here. Jordan, with only 450 peo- both a broad range of criticism of Mr. Clin- Murnion, the Garfield County Attorney, said ple, is at the center of a semi-desert expanse ton’s record as well as a defense of Mr. Dole’s of the subsidy money. Referring to the Clark called the Big Open, where 3,000 people are ties to the Republican Congress. Aides to the clan’s skill in winning subsidy payments, he scattered over 15,000 square miles. Kansas Senator believe that Mr. Dole’s re- added, ‘‘Everybody in the country knows A smashed windshield greeted Bob Scott, a cent political difficulties, suggested by his that’s what they have been doing.’’ Montana environmentalist, when he visited poor standing in public opinion polls, have With a population of only 1,300 people, Gar- Jordan in 1987 to propose that local ranchers been caused, at least in part, by his associa- field County received $63 million in farm be weaned from Federal aid through the cre- tion with House Republicans and the difficul- subsidy payments from 1985 to 1994, the Envi- ation of a huge deer and bison hunting pre- ties he has encountered in trying to run the ronmental Working Group said. In the same serve. ‘‘I remember the Clarks as the ones Senate as majority leader while running for period in Brusett, the section of Jordan being the most xenopobic, with the most bi- President. where the Clarks live, 76 farmers received zarre ideas,’’ Mr. Scott recalled in a tele- Mr. Dole made clear today that he in- $7.3 million from 31 different farm subsidy phone interview from his home in Missoula. tended neither to step down from his posi- programs. ‘‘One of the Clarks said we were a cult group tion in the Senate, nor to step away from his ‘‘What stands out about Ralph Clark is the that was going to bring AIDS into the area.’’ colleagues in the House. ‘‘I’ve read lately complexity,’’ said Clark Williams, an analyst Increasingly, subsidy checks became cru- that all those radical ideas that we had are for the Washington group. ‘‘Ordinarily, a cial for the survival of the Clark clan. In the reasons we may be in difficulty,’’ said family farm is not that complicated.’’ January 1994, the Clarks led a group of Mr. Dole. ‘‘First of all, I don’t think we’re in Over a 10-year period, Federal checks went armed men to storm the county courthouse difficulty but secondly, they’re not radical to 11 entities with interest in the main Clark here. At issue was a Federal subsidy check ideas.’’ homestead here—first to Mr. Clark; then, that the former wife of Richard E. Clark, He mentioned in particular the attempts from 1988 to 1993, to a corporation in which Ralph Clark’s nephew, was seeking in a di- by Congress to balance the budget over seven he was a stockholder, and then, in 1993 and vorce payment. years. ‘‘We thought it was a pretty good 1994, to a revocable trust in which he had an But time was running out for the Clarks in idea,’’ Mr. Dole said, ‘‘and it wasn’t radical, interest. the conventional courts of the land. On April wasn’t some crackpot idea that Newt Ging- ‘‘Around 1992, they were setting up rev- 14, 1994, Ralph Clark’s homestead farm was rich and Bob Dole thought of at midnight ocable trusts as a means of avoiding income sold for $50,0000 to an out-of-state creditor some—one night, and said, ‘Oh, let’s do this,’ taxes, state taxes,’’ Mr. Murnion, the County bank. In October 1995, K.L. Bliss, a local And we did it.’’ Attorney, said, referring to one of a series of rancher, paid $493,000 for the 7,000-acre Still, Mr. Dole’s speech showed the dif- strategies Mr. Clark tried over the last 15 spread that Mr. Clark bought nearly 20 years ficulties he has encountered trying to find a years to avoid losing his farm, which had earlier. middle ground between Mr. Clinton’s policies been in his family since 1913. But two years ago, Mr. Clark gave up on and those of conservative Republicans in Mr. Clark’s financial problems date to 1978 the courts and stopped leaving his farm. Congress. Even as he pointedly rejected sug- when, following the trend of the time, he From his homestead, renamed ‘‘Justus gestions that his political difficulties were April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4187 caused by this association with Mr. Ging- RALPH REGULA, TITLE I—OMNIBUS APPROPRIATIONS DE- rich, Mr. Dole made a point of saying that he JOHN EDWARD PORTER, PARTMENTS OF COMMERCE, JUSTICE, thought Government ‘‘has an obligation to HAL ROGERS, AND STATE, THE JUDICIARY, AND RE- maintain a safety net.’’ JOE SKEEN, LATED AGENCIES And even as he offered a broad criticism of FRANK R. WOLF, Sec. 101.(a).—The text of the language in- the Department of Housing and Urban Devel- BARBARA VUCANOVICH, cluded under section 101(a) of this conference opment he offered some praise for the orga- JIM LIGHTFOOT, agreement represents the final agreement on nization he was attacking. ‘‘I think we’ve SONNY CALLAHAN, appropriations for the Departments of Com- certainly downsized it a great deal, and I’ve JAMES T. WALSH, merce, Justice, and State, the Judiciary, and said before we could abolish it,’’ Mr. Dole DAVID R. OBEY, Related Agencies for fiscal year 1996, with said. ‘‘But I think their goals are commend- LOUIS STOKES, the exception of those Department of Justice able. They want to reduce the number of TOM BEVILL, General Provisions that were enacted into homeless; they want to expand housing op- JOHN P. MURTHA, law in Public Law 104–99. It marks the end of portunities and open housing markets to mi- CHARLES WILSON, the process that began with H.R. 2076, re- norities.’’ BILL HEFNER, ported by the House Committee on Appro- Mr. Dole suggested that the public housing ALAN MOLLOHAN, priations (H. Rep. 104–196) on July 19, 1995, programs be replaced with a system of For consideration of section 101(c) of the and passed by the House on July 26, 1995. The vouchers, under which people eligible for House bill, and section 101(d) of the Senate bill was then reported by the Senate Com- public housing assistance would be awarded amendment, and modifications committed to mittee on Appropriations (S. Rep. 104–139) on certificates that they could use to pay for conference: September 12, 1995, and passed by the Senate rent in private housing. JOHN EDWARD PORTER, on September 29, 1995. The conference report To clear the way for the elimination of the BILL YOUNG, (H. Rep. 104–378, * print) was filed on Decem- housing agency, Mr. Dole proposed that ERNEST ISTOOK, ber 1, 1995, and adopted in the House on De- homeless assistance programs should be DAN MILLER, cember 6, 1995, and in the Senate on Decem- transferred to the Department of Health and JAY DICKEY, ber 7, 1995. The President vetoed the bill on Human Services, and enforcement efforts be FRANK RIGGS, December 19, 1995, and on January 3, 1996, al- turned over to the Department of Justice. ROGER F. WICKER, though a majority of the House voted for the Henry G. Cisneros, the Secretary of Hous- BOB LIVINGSTON, conference report, the House did not override ing and Urban Development, said that his de- DAVID R. OBEY, the veto by the required two-thirds vote. partment had tried to push the voucher pro- LOUIS STOKES, Since that time, funding for many of the pro- gram through, but had encountered resist- STENY HOYER, grams in this bill has been provided on a ance from Republicans in Congress. He re- NANCY PELOSI, temporary basis, although a number of criti- jected Mr. Dole’s statement as ‘‘election- NITA M. LOWEY, cal law enforcement, judicial, consular, dip- year simplistic answers. What about all Managers on the Part of the House. lomatic security, and small business pro- those units, and all those people, and what MARK O. HATFIELD, grams were provided full-year spending au- has been a 60-year consensus on house pol- TED STEVENS, thority. While this conference agreement in- icy?’’ THAD COCHRAN, cludes the full text of the fiscal year 1996 Beyond policy, Mr. Dole singled out for ARLEN SPECTER, Commerce, Justice, and State, the Judiciary, criticism a senior official in the Department PETE V. DOMENICI, and Related Agencies appropriations bill, of Housing and Urban Development—Roberta CHRISTOPHER S. BOND, with the exception noted above, much of the Achtenberg—as an example of liberal ex- SLADE GORTON, language is identical to the language in- cesses. He noted that she has lead an effort MITCH MCCONNELL, cluded in the conference report on H.R. 2076. by HUD to investigate groups that had CONNIE MACK, As a result, only the changes from the con- fought the agency’s efforts to build public RICHARD C. SHELBY, ference report on H.R. 2076 are addressed in housing. JAMES M. JEFFORDS, the statement of managers that follows. Mr. Dole was referring to two instances in ROBERT F. BENNETT, With the exceptions that follow, the state- which HUD investigated citizens who sought BEN NIGHTHORSE ment of managers in the conference report to block public housing projects by writing CAMPBELL, on H.R. 2076 (H. Rep. 104–378, * print) and the letters of protest and gathering petitions. ROBERT BYRD, applicable portions of the House and Senate Both investigations were scaled back in re- DANIEL K. INOUYE, reports on H.R. 2076, remain controlling and sponse to criticism, on orders of Mr. FRITZ HOLLINGS, are incorporated by reference. Cisneros. Mr. Dole, recounting the incident J. BENNETT JOHNSTON, DEPARTMENT OF JUSTICE today, likened HUD to the thought police PATRICK J. LEAHY, and said that in his administration, ‘‘There DALE BUMPERS, GENERAL ADMINISTRATION is no room for discrimination, but there will FRANK R. LAUTENBERG, SALARIES AND EXPENSES also be no room for intimidating and intru- TOM HARKIN, The conference agreement includes sive actions.’’ BARBARA A. MIKULSKI, Ms. Achtenberg was the only HUD official $74,282,000 for General Administration, as HARRY REID, provided in both the House and Senate bills. Mr. Dole mentioned by name. Her appoint- J. ROBERT KERREY, ment was noteworthy because she was the The conference agreement also includes a PATTY MURRAY, provision that modifies the language, pro- highest-level open lesbian appointed by the Managers on the Part of the Senate. President, and her appointment has been op- posed in the House bill and not included in posed by some conservative Republicans, no- JOINT EXPLANATORY STATEMENT OF the Senate bill, that limits the number of po- tably Senator Jesse Helms of North Caro- THE COMMITTEE OF CONFERENCE sitions and amounts for the Department lina, who is a longtime friend and supporter Leadership program. The conference agree- The managers on the part of the House and of the Kansas Senator. Mr. Dole’s aides said ment does not limit funding under the De- the Senator has singled her out only because the Senate at the conference on the disagree- partment Leadership program to the Offices she was in charge of the department behind ing vote of the two Houses on the amend- of the Attorney General and the Deputy At- these inquiries, and they were not trying to ment of the Senate to the bill (H.R. 3019) torney General, as proposed in the House revive the controversy over her appoint- making appropriations for fiscal year 1996 to bill. The Senate bill did not include this pro- ment. make a further downpayment toward a bal- vision. f anced budget, and for other purposes, submit COUNTERTERRORISM FUND the following joint statement to the House The conference agreement includes CORRECTION OF THE CONGRES- and the Senate in explanation of the effects $16,898,000 for the Counterterrorism Fund, as SIONAL RECORD OF THURSDAY, of the action agreed upon by the managers provided in both the House and Senate bills. APRIL 25, 1996—CONFERENCE RE- and recommended in the accompanying re- The conferees understand that balances of PORT ON H.R. 3019, BALANCED port. $24,445,000 remain available from the 1995 Supplemental Appropriation, Public Law BUDGET LOAN DOWN PAYMENT Report language included by the Senate in ACT 104–19, for authorized purposes of this Fund. the report accompanying S. 1594 (S. Rept. The Senate bill included a provision in Title For consideration of the House Bill (except 104–236) which is not changed by the con- III which designated $7,000,000 for emergency for section 101(c)) and the Senate amendment ference are approved by the committee of expenses to enhance Federal Bureau of Inves- (except for section 101(d)), and modifications conference. The statement of the managers tigation (FBI) efforts in the United States to committed to conference: while repeating some report language for combat Middle Eastern terrorism, including BOB LIVINGSTON, emphasis, is not intended to negate the lan- efforts to prevent fundraising in the United JOHN MYERS, guage referred to above unless expressly pro- States on the behalf of organizations that BILL YOUNG, vided herein. support terrorism to undermine the peace H4188 CONGRESSIONAL RECORD — HOUSE April 30, 1996 process. These funds would have been avail- for the Department of Justice Working Cap- FEDERAL PRISON SYSTEM able only pursuant to an official budget re- ital Fund to support the NCIC 2000 project SALARIES AND EXPENSES quest that declares the funds to be an emer- are in addition to funds provided under this The conferees are aware of a recent report gency. heading. issued by the National Institute of Correc- The conferees support the purposes set DRUG ENFORCEMENT ADMINISTRATION tions (NIC) which identifies serious problems forth in the Senate amendment. However, with regard to the District of Columbia De- the conferees have not included the emer- SALARIES AND EXPENSES partment of Corrections operation of and fa- gency appropriation for the FBI proposed by The conference agreement includes cilities located at the Lorton Correctional the Senate because the conferees were in- $810,168,000 for the salaries and expenses of Complex. Pursuant to the relevant section of formed that the Department of Justice did the Drug Enforcement Administration (DEA) the District of Columbia Appropriations not plan to submit an emergency request for as proposed by the Senate, instead of Chapter, the conferees direct that the Bu- funding as required by the Senate bill and $805,688,000 as proposed by the House. The ad- reau of Prisons spend $200,000 of the amount the Department of Justice currently has suf- ditional funds are to support DEA’s enforce- provided for the NIC to do a study, on behalf ficient funding available to enhance the ment activities on the Southwest border and of the District of Columbia, for alternatives FBI’s efforts to combat the flow of dollars to in rural communities. to correct the problems identified in the re- support Middle Eastern terrorism. The con- cent NIC report. The conferees direct that ferees note that there are funding balances IMMIGRATION AND NATURALIZATION SERVICE this plan be completed by December 31, 1996 available in the Department of Justice and forwarded to the President, Congress, SALARIES AND EXPENSES Counterterrorism Fund which can be applied and the District of Columbia Financial Re- to this effort. Accordingly, the Attorney The conference agreement includes a tech- sponsibility and Management Assistance Au- General is directed to submit a proposal by nical change to amounts made available thority. May 15, 1996 to the House and Senate Com- through fiscal year 1997, to reflect a biparti- OFFICE OF JUSTICE PROGRAMS mittees on Appropriations to reprogram no san, bicameral agreement with the Adminis- STATE AND LOCAL LAW ENFORCEMENT less than $4,000,000 in funds from the tration on INS training and hiring priorities ASSISTANCE Counterterrorism Fund to enable the FBI to for fiscal year 1996, as proposed by both the carry out enhanced efforts in the United House and Senate bills. The conference VIOLENT CRIME REDUCTION TRUST FUND States to combat Middle Eastern terrorism, agreement also corrects a technical error in PROGRAMS and specifically to enhance FBI efforts to the amounts allocated under the Violent Local Law Enforcement Block Grant.—The prevent fundraising on behalf of organiza- Crime Reduction Trust Fund, as proposed by conference agreement includes $503,000,000 tions that promote terrorism. both the House and Senate bills. for the Local Law Enforcement Block Grant program, instead of $1,903,000,000 as proposed LEGAL ACTIVITIES Realignment of Border Patrol positions from by the House and $783,000,000 as proposed by SALARIES AND EXPENSES, UNITED STATES interior stations.—The conferees are con- the Senate. Of this amount, the conference MARSHALS SERVICE cerned with the manner in which INS is de- agreement provides $11,000,000 for the Boys veloping its plan to realign Border Patrol po- The conferees are concerned about growing and Girls Clubs of America, $15,000,000 for the sitions from the interior to the front lines of detention needs identified by the Marshals Metropolitan Police Department in Washing- the border. In an effort to balance the goal of Service in many areas of the country. The ton, D.C. and up to $18,000,000 for drug courts the Congress to add 1,000 Border Patrol conferees understand that the General Serv- subject to the reprogramming requirement agents to the front lines of the border and ices Administration is planning a shared-use in section 605. The Senate bill included the concerns of the Department of Justice detention facility adjacent to the new court- $20,000,000 for the Boys and Girls Clubs of and INS over the ability to hire and train a house in Portland, Oregon, and expect the America, $20,000,000 for the Metropolitan Po- growing workforce of inexperienced agents, Department of Justice to fully cooperate in lice Department in Washington, D.C. and the Committees provided resources for 800 this planning effort. $25,000,000 for drug courts. The House bill did new Border Patrol agents and the realign- not include separate earmarks for these pro- SALARIES AND EXPENSES, COMMUNITY ment of 200 Border Patrol agent positions grams. RELATIONS SERVICE from interior locations to the front lines of As proposed in both bills, the conference The conference agreement provides the border. On February 1, 1996, the Commit- agreement provides that the funding will be $5,319,000 for the Community Relations Serv- tees provided guidance to the Department of distributed to local governments under the ice (CRS) as proposed by both the House and Justice on how INS should implement this allocation and purposes set forth in H.R. 728, Senate. The conferees have also agreed to in- realignment. Specifically, the Committee di- as passed by the House of Representatives on clude a provision added by the Senate, which rected that any agent redeployment to the February 14, 1995, with some modifications allows the transfer of additional amounts, border should not create a void in the INS included in the conference report on H.R. pursuant to reprogramming requirements enforcement presence in interior locations 2076. The conferees have added language to under section 605, if the Attorney General and that the backfill plan for affected inte- recognize Puerto Rico as a unit of local gov- determines that emergent circumstances re- rior posts should include the following con- ernment for the purpose of allocation of quire additional funding for conflict preven- siderations: (1) personnel/relocation issues of these funds and have added language prohib- tion and resolution activities. The language agents currently occupying interior posi- iting the use of grants awarded under the included in the Senate bill has been modified tions; (2) the appropriate mix of personnel block grant as matching funds for any other to assure that the transfer will not be sub- required to maintain the current functions Federal grant program. ject to limitations that apply to other De- and activities in interior locations; and (3) The conferees have also agreed that the partment of Justice transfers. the number of INS personnel in interior loca- funding provided under the block grant for FEDERAL BUREAU OF INVESTIGATION tions should be maintained unless local law Boys and Girls Clubs of America is made enforcement and other elected officials have available for the same purposes and in the SALARIES AND EXPENSES had an opportunity to review and comment same manner as funds appropriated under (INCLUDING TRANSFER OF FUNDS) on any proposed reduction in personnel at previous appropriations acts for the Depart- The conference agreement includes any of these posts. The conferees are aware ment of Justice and will continue to be $2,407,483,000 as proposed by both the House that there is concern in some communities matched at no less than the same ratio to and Senate. Of the amount in the House and about the potential effect of removing a uni- private sector funds for the establishment of Senate bills, $9,500,000 was provided for the formed presence of immigration officers new Boys and Girls Clubs. The conferees ex- FBI to purchase DNA equipment for State from these locations. The conferees recog- pect that this funding will provide at least and local forensic laboratories. The con- nize that in some interior stations, particu- 100 new Boys and Girls Clubs to serve up to ferees have agreed to expand the allowed use larly those located in Southwest border 100,000 children throughout the United of these funds, and make up to the full States, the ‘‘mix’’ of personnel should not be States. $9,500,000 available for a new State Identi- limited to INS officers, but should be com- In addition, the conferees are aware of the fication Grants project which would allow prised of a balanced mix of both Border Pa- negative impact that the financial crisis in States to purchase computerized identifica- trol agents and INS officers, with each carry- the Nation’s Capital has had on the Metro- tion systems that are compatible and inte- ing out the functions for which they are politan Police Department’s ability to effec- grated with the National Crime Information trained. The conferees therefore direct INS tively fight crime and have provided Center and the Integrated Automated Fin- to adjust any preliminary plans to realign $15,000,000 specifically for this purpose, in gerprint Identification Systems of the FBI. all Border Patrol agent positions from any lieu of any funds that would have been avail- Funds would only be available for this new one interior location to address the need to able under the formula allocation of the purpose upon enactment of an authorization. continue the functions and activities at cur- block grant. This is of great concern to the The Senate bill, in section 118, included the rent levels that require uniformed Border citizens of the city, the Mayor, the District authorization and funding for this program. Patrol agents. Furthermore, the conferees Council, the D.C. Financial Responsibility The House bill did not contain a provision on expect INS to submit a redeployment plan Authority and the Congress. The amounts this matter. that addresses these concerns for approval provided are intended to support the prior- The conferees have also included a tech- by the Committees on Appropriations of ities identified by the Chief of Police to sup- nical change to clarify that funds provided both the House and Senate by May 15, 1996. plement budgeted amounts for the MPD as April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4189 part of a long-range strategy. The conferees which were permanent changes to law, and Grants if the State can demonstrate that, in agree that the allocation of these funds is to the House bill did not include any of the gen- addition to the above assurances, the State be made by the Chief of Police, after appro- eral provisions with the exception of section has (a) increased the number of persons sen- priate consultation with the Committees on 114. tenced to prison who have been arrested for Appropriations and the Committees on Judi- The conferees note that under section 106, violent crimes; or (b) increased the sentences ciary of both the House and Senate. The con- which is currently enacted in law, the De- of persons convicted of violent crimes or the ferees have included language requiring that partment of Justice was provided the author- average prison time actually served; or (c) these funds, as other Federal funds appro- ity to spend up to $10,000,000 for rewards for increased by over 10 percent over the last priated to the District, are to be held by the information regarding acts of terrorism three years the number of persons sent to Control Authority and allocated to the MPD against the United States. The conferees prison for committing violent crime. by the Authority, based on compliance with agree that the Attorney General, before A State will be eligible to receive a Truth- the Chief of Police’s plan. making any international reward, should in-Sentencing Grant in addition to General The conference agreement does not include continue to consult and coordinate with the Grant funding it is eligible for, if the State $80,000,000 for the Crime Prevention Block Secretary of State. has adopted truth-in-sentencing laws which Grant program authorized in Subtitle B of Sec. 114. The conferees have agreed to in- require persons sentenced to prisons for vio- lent crimes to serve at least 85 percent of title III of the 1994 Crime Bill, as proposed by clude section 114 and have revised the lan- their sentence. In addition, if a State prac- the Senate. The House bill did not include guage proposed in the House and Senate bills tices indeterminate sentencing, that is, a funding for this program. which authorizes a new Violent Offender In- carceration and Truth-in-Sentencing Incen- State in which the sentence imposed by the COMMUNITY ORIENTED POLICING SERVICES tive Grants program to replace the program court may involve a range of imprisonment, VIOLENT CRIME REDUCTION TRUST FUND currently authorized in Title II of the Vio- it may be eligible to receive a Truth-in-Sen- PROGRAMS lent Crime Control and Law Enforcement tencing Grant if (1) the State has ‘‘sentenc- The conference agreement includes Act of 1994. The House bill included the re- ing and release guidelines’’ (which refers to $1,400,000,000 for Community Oriented Polic- vised Violent Offender Incarceration and guidelines that by law are utilized both by ing Services (COPS), instead of $975,000,000 as Truth-in-Sentencing Incentive Grants pro- courts for guidance in imposing a sentence proposed by the Senate and no funding for gram as passed in the conference report on and by parole release authorities in estab- this program as proposed by the House. Of H.R. 2076. The Senate bill included a revision lishing a presumptive release date when the the amount provided, $10,000,000 is included to the language included in the conference offender has entered prison) and violent of- for the Police Corps program. The conferees report on H.R. 2076. fenders serve on average not less than 85 per- have also included a technical change ref- As provided in both the House and Senate cent of the period to the presumptive release erencing the authorizations for the Police bills, the conference agreement includes date prescribed by these guidelines, or (2) the Corps program under the 1994 Crime Bill, as $617,500,000 under the Violent Crime Reduc- State demonstrates that violent offenders serve on average not less than 85 percent of proposed by the Senate. tion Programs for State and Local Law En- the maximum prison term allowed under the The conferees agree that the funding pro- forcement Assistance for this provision. Of the funds provided, and after amounts allo- sentence imposed by the court. vided should be used for the purpose of pro- The revised language included in this sec- viding grants which will yield at least 19,000 cated for incarceration for criminal aliens, the Cooperative Agreement Program and in- tion authorizes $10,267,600,000 for fiscal years additional police officers on the street in 1996 through 2000 for States to build or ex- order to reach the goal of 100,000 additional carceration of Indians on Tribal lands, $403,875,000 is available for State Prison pand correctional facilities for the purpose police officers by the year 2000 which will re- of incapacitating criminals convicted of part quire similar funding levels in fiscal years Grants and the administration of this pro- gram. I violent crimes, or persons adjudicated de- 1997 through 1999 with the balance to be linquent for an act which if committed by an funded in the year 2000. The conferees note The conferees agree that the Violent Of- fender Incarceration and Truth-in-Sentenc- adult, would be a part I violent crime. It that with this funding, two years into the does not allow funds to be used to operate six-year Community Policing program, at ing Incentive Grants program should reward and provide an incentive to States that are prisons as provided in the current program least 45,000 police will have been hired. A and it requires a ten percent match by the clear path to achieving the mutual objective taking the necessary steps to keep violent criminals off the streets. The conferees fur- State instead of a 25 percent match as in- of putting more police on the street has been cluded in the current program. The conferees established. In addition, the conferees have ther agree that the program currently au- thorized in the Violent Crime Control and agree that in developing criteria for deter- provided $503,000,000 for the Local Law En- mining the eligibility for funding to build or forcement block Grant that should provide Law Enforcement Act of 1994 fails to provide an adequate incentive for States to adopt expand bedspace, the Department of Justice for even more police being hired at an even should include a requirement that States faster pace. tougher sentencing policies. The conferees are also concerned that sufficient seed demonstrate the ability to fully support, op- The conferees agree that the primary ob- erate and maintain the prison for which the jective of COPS funding is to hire new police money to States is needed to encourage States to adopt truth-in-sentencing. Thus, of State is seeking construction funds. officers in the most cost-effective manner Other provisions of the new authorization the amount available, the conferees have possible. The conferees direct that, from this require that States share up to 15 percent of agreed that 50 percent would be set aside for point forward, the COPS office use grant the funds received with counties and other Truth-in-Sentencing Grants and the remain- funds to the maximum extent possible to units of local government for the construc- ing 50 percent would be distributed as Gen- hire more police, and should not use these tion and expansion of correctional facilities, funds for non-hiring projects. Funding for eral Grants to all states that qualify. Under including jails, to the extent that such units these purposes, such as equipment, training the revised language, States would no longer of local government house state prisoners and overtime, is available to localities be forced to choose between mutually exclu- due to States carrying out the policies of the through the Local Law Enforcement Block sive grant programs. States qualifying for Act. In addition, under exigent cir- Grant and need not be duplicated under this Truth-in-Sentencing Grants would receive cumstances, States may also use funds to ex- program. The conferees have also included those funds in addition to any General Grant pand juvenile correctional facilities, includ- language that limits the amount spent on funds they are eligible to receive. The con- ing pretrial detention facilities and juvenile program management and administration to ferees further intend that in the future the boot camps. In order to be eligible for grants, 130 positions and $14,602,000. percentage of prison grant funds dedicated to States are also required to implement poli- General Grants should decline in order to cies that provide for the recognition of the GENERAL PROVISIONS—DEPARTMENT OF provide a greater incentive for States to JUSTICE rights and needs of crime victims. adopt truth-in-sentencing policies. In addition, of the total amount provided, The conference agreement includes the fol- The conferees have therefore adopted lan- $200,000,000 is available for payments to lowing General Provisions for the Depart- guage that provides that all States that pro- States for the incarceration of criminal ment of Justice that were not enacted into vide assurances to the Attorney General that aliens. The conferees intend that this fund- law under Public Law 104–99. The conferees the State has implemented, or will imple- ing should be merged with and administered have also included language under section ment, correctional policies and programs under the State Criminal Alien Assistance 616 to reinforce that the General Provisions that (a) ensure that violent offenders serve a Program (SCAAP), including the normal au- for the Department of Justice enacted under substantial portion of the sentences imposed; thority to utilize up to one percent of the section 211 of Public Law 104–99 shall con- (b) are designed to provide sufficiently se- funds for administrative purposes. The con- tinue to remain in effect. A Department of vere punishment for violent offenders, in- ferees expect the Department of Justice to Justice legal opinion dated February 27, 1996, cluding violent juvenile offenders; and (c) en- provide these funds to eligible States in a states that all the General Provisions for the sure that the prison time served is appro- timely manner. Department of Justice included in the con- priately related to the determination that Sec. 120.—The conference agreement in- ference report on H.R. 2076, with the excep- the inmate is a violent offender and for a pe- cludes a new general provision, as proposed tion of section 114, were enacted into law riod of time deemed necessary to protect the by the Senate as section 116, which extends under Public Law 104–99 on January 26, 1996. public, will receive ‘‘seed’’ funding to in- the Department of Justice’s pilot debt col- The Senate bill repeated all general provi- crease their capacity of prison space. A State lection project through September 30, 1997. sions, except for sections 116 through 119 will receive additional funding from General The House bill did not include this provision. H4190 CONGRESSIONAL RECORD — HOUSE April 30, 1996

Sec. 121.—The conference agreement in- economic and trade opportunities. Therefore, TECHNOLOGY ADMINISTRATION cludes a new general provision, proposed by the conferees believe that the Department OFFICE OF THE UNDER SECRETARY/OFFICE OF the Senate as section 117, which amends the should make available sufficient funds for TECHNOLOGY POLICY 1994 Crime Bill to define ‘‘educational ex- continuing operations of these centers at SALARIES AND EXPENSES penses’’ to be funded under the Police Corps levels consistent with previous years. program. The conference agreement modifies The conference agreement provides NATIONAL OCEANIC AND ATMOSPHERIC the language proposed by the Senate to as- $7,000,000 for the Office of Technology Policy, ADMINISTRATION sure that the course of education being pur- instead of $5,000,000 as proposed by the sued under this program is related to law en- OPERATIONS, RESEARCH, AND FACILITIES House, and $5,000,000 and an additional forcement purposes. The House bill did not $2,000,000 in contingent appropriations as (INCLUDING TRANSFER OF FUNDS) include this provision. proposed by the Senate. Sec. 122.—The conference agreement in- The conference agreement includes a di- The $2,000,000 provided over the House cludes a technical correction, similar to sec- rect appropriation of $1,792,677,000 for the Na- amount, which is also $2,000,000 over the tion 109 as proposed by the Senate, to the tional Oceanic and Atmospheric Administra- amount provided in the conference report on U.S. Code citation regarding the Assets For- tion’s Operations, Research, and Facilities H.R. 2076, is to be used to support the civil- feiture Fund to conform to changes enacted account, as proposed by the House, instead of ian technology initiatives with which the into law under Public Law 104–66 and Public $1,799,677,000 as proposed by the Senate. The Technology Administration is involved, in- Law 104–99 and to ensure the intended effect conference agreement does not include cluding international science and technology of these changes. The House bill did not in- $7,000,000 proposed in the Senate bill for the policy assessment, industrial competitive- clude this technical correction. Global Learning and Observations to Benefit ness studies, support for the U.S./Israel Sec- retariat and the National Medal of Tech- DEPARTMENT OF COMMERCE AND the Environment program. The House bill nology. The funds are not intended to be RELATED AGENCIES and the conference agreement do not include funding for this program. used to supplant the need for the downsizing DEPARTMENT OF COMMERCE In addition, the following clarifications of of employment that is nearing completion in TRADE AND INFRASTRUCTURE DEVELOPMENT issues in the statement of managers accom- the Technology Administration. U.S. TRAVEL AND TOURISM ADMINISTRATION panying the conference report on H.R. 2076 The Senate bill provided an additional $2,000,000 in contingent appropriations for The conference agreement, like the House are provided: the U.S.-Israel Science and Technology Com- and Senate bills, does not include funding for The conferees do not expect NOAA to un- mission, which is not included in the con- the U.S. Travel and Tourism Administration. dertake a deep ocean isolation study during ference agreement. As provided in both the Its functions are in the process of being fiscal year 1996. House and Senate reports on H.R. 2076, the transferred to the International Trade Ad- Funds for mapping, charting, and geodesy Committees continue to support the U.S.-Is- ministration, and no further funding is re- services are to be used to acquire such serv- rael Science and Technology Commission. quired. ices through contracts entered into with The conferees expect the Commerce Depart- ECONOMIC AND INFORMATION INFRASTRUCTURE qualified private sector contractors when ment to provide its commitment of $2,500,000 NATIONAL TELECOMMUNICATIONS AND such contracts are the most cost-effective for this program in fiscal year 1996 from INFORMATION ADMINISTRATION method of obtaining those services. within available resources, subject to the SALARIES AND EXPENSES Because of the reduced funding level for standard transfer and reprogramming proce- the fleet and the emphasis on contracting for dures set forth under sections 205 and 605 of The conference agreement includes lan- services, the conferees would like NOAA to this section of the bill. guage proposed by the Senate clarifying the submit a plan for purchases of fleet vessel authority of the Secretary of Commerce to GENERAL PROVISIONS—DEPARTMENT OF equipment prior to expending funds for this charge federal agencies for spectrum man- COMMERCE purpose. agement, analysis, operations and related Sec. 206. The conference agreement does services, which was not addressed in the The conferees agree with language in- not include language proposed by the Senate House bill, and making technical changes to cluded in the Senate report on H.R. 2076 re- to prohibit the use of funds by the Secretary language included in the House bill regard- garding NOAA utilization of the UNOLS of Commerce to issue final determinations ing the retention and use of all funds so col- (university) fleet for its research needs. under the Endangered Species Act. The lected. The conferees strongly concur with the House bill contained no provision on this SCIENCE AND TECHNOLOGY House, Senate, and joint House/Senate con- matter under this Chapter. Language on this ference reports to H.R. 2076 regarding NMFS issue is not necessary under this Chapter be- NATIONAL INSTITUTE OF STANDARDS AND and NOAA actions on sea turtle conservation cause the issue is being addressed on a gov- TECHNOLOGY and shrimp fishery issues except that the ernment-wide basis under the Department of INDUSTRIAL TECHNOLOGY SERVICES conferees direct that any revisions, if nec- Interior and Related Agencies Chapter. The conference agreement includes essary, that are based on the NMFS Novem- Sec. 210. The conference agreement in- $301,000,000 for Industrial Technology Serv- ber 14, 1994 or subsequent Biological Opinions cludes a modified general provision proposed ices, of which $80,000,000 is for the Manufac- shall include the results of the independent by the House, but not in the Senate bill, to turing Extension Partnership (MEP) pro- scientific peer review and alternatives for prohibit the use of funds to develop or imple- gram, and of which $221,000,000 is for the Ad- lessening the economic impact on the shrimp ment new individual fishing quota, individ- vanced Technology Program (ATP). The fishing industry as directed in both the ual transferable quota, or individual trans- House bill included $80,000,000 for the MEP, House and Senate reports to H.R. 2076. Addi- ferable effort allocation programs until off- and $100,000,000 in contingent appropriations tionally, the conferees direct NMFS and the setting fees to pay for the cost of administer- for ATP. The Senate bill included $80,000,000 Department of Commerce to provide within ing such programs are authorized. The House for MEP, and $235,000,000 in contingent ap- 30 days of enactment of this Act a detailed provision applied only to individual transfer- propriations for ATP. written report to the Committees on Appro- able quota programs. In addition, the con- The amount provided for ATP in this priations that includes: (1) the results of the ference agreement adds language not in the agreement represents the Commerce Depart- independent peer review of the NMFS No- House bill to clarify that the restriction does ment’s most recent estimate of the amount vember 14, 1994 Biological Opinion on sea not apply to any program approved prior to required to pay for continuation grants re- turtle conservation as directed in the con- January 4, 1995. quired in fiscal year 1996 for ATP awards ference report to H.R. 2076; (2) the findings Sec. 211. The conference agreement in- made in fiscal year 1995 and prior years. The and recommendations of the scientific expert cludes a general provision, similar to lan- conferees are agreed that the Commerce De- working group directed to be established in guage proposed under title III of the Senate partment and NIST should accord highest the House and Senate reports to H.R. 2076; (3) bill, to amend Section 308(d) of the Inter- priority to honoring these prior year com- the results of the meetings with the shrimp jurisdictional Fisheries Act of 1986 to in- mitments. The Department shall submit a fishing industry and the conservation com- crease flexibility in providing grants to com- plan indicating how it intends to spend the munity as directed by the House and Senate mercial fishermen for uninsured losses re- funds available for ATP this year within 30 reports to H.R. 2076; and (4) conclusions of sulting from a fishery resource disaster aris- days of the enactment of this Act. the economic impact analysis directed to be ing from a natural disaster. The changes The conferees remain supportive of bio- completed in the House and Senate reports from the language proposed by the Senate technology research and innovation centers to H.R. 2076. The conferees are concerned are designed to provide further assurances which provide technical and financial assist- that NOAA and the Department of Com- that any fishing boat bought back under this ance, education and training to help create merce are proceeding with additional restric- program must be scrapped or otherwise dis- and promote promising new companies. The tions on the shrimp fishery before the results posed of in a way that prevents the boat conferees note that the Department has pre- of these analyses and reviews are completed from reentering any fishery. The House bill viously provided support for these centers in and despite NMFS and Coast Guard data con- contained no similar provision several States, including Massachusetts, and firming that shrimp fishermen are comply- Sec. 212. The conference report includes a believe that such support is in keeping with ing with existing fishing restrictions at a 97 general provision, not in either bill, giving the Department’s mission of promoting both to 99 percent rate. the Secretary of Commerce authority to April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4191 award contracts for mapping and charting From within the funds provided under this section 407, to extend the authorization for activities in accordance with the Brooks heading, funding is to be provided at the full the Au Pair program through the year 1999. Act, Title IX of the Federal Property and fiscal year 1996 request level to the Inter- The House bill contained no similar provi- Administrative Services Act of 1949 (40 national Atomic Energy Agency, the World sion. This provision is not required, because U.S.C. 541 et seq.). The statement of man- Trade Organization, the North Atlantic a free-standing two-year authorization for agers accompanying the conference report on Treaty Organization, and the related North the program has been enacted into law (P.L. H.R. 2076 indicated that the conferees ex- Atlantic Assembly. Funding is also provided 104–72). pected NOAA to award contracts in accord- at the full fiscal year 1996 request level to Sec. 407.—The conference agreement in- ance with this Act, but the Department has the United Nations to fully fund the United cludes language, as provided in both the indicated that statutory language is required States commitment at the 25 percent assess- House and Senate bills, to allow the Eisen- to carry out the conferees’ intent. ment rate provided that the certifications hower Exchange Fellowship Program to use one-third of earned but unused trust income DEPARTMENT OF STATE AND RELATED that it is not overspending its no-growth each year for three years beginning in fiscal AGENCIES budget are made. No funds are to be provided to the United Nations Industrial Develop- year 1996. DEPARTMENT OF STATE ment Organization, the Inter-American In- Sec. 410.—The conference agreement in- ADMINISTRATION OF FOREIGN AFFAIRS dian Institute, the Pan American Railway cludes a provision authorizing continuing DIPLOMATIC AND CONSULAR PROGRAMS Congress Association, the Permanent Inter- contract authority for the construction of a USIA international broadcasting facility on The conference agreement, like the House national Association of Road Congresses, and Tinian, Commonwealth of the Northern Mar- and Senate versions of H.R. 3019, strikes lan- the World Tourism Organization. Should the iana Islands, as proposed by the Senate bill. guage included in the conference report on requested funding level, which is provided in The House bill contained no similar provi- H.R. 2076 which prohibited the extension of this conference agreement, fall short of ac- tual assessments, the shortfall should be al- sion. machine readable visa fees after April 1, 1996. The conferees agree that prior to the located among the remaining organizations In section 112 of Public Law 104–92, a full award of a contract for this facility, USIA is and be prioritized according to the impor- year extension of the authority to collect required to submit a final plan for this facil- tance of each international organization to the fee was enacted into law. ity, including expected cost, construction the national interest of the United States. The statement of managers in the con- time, funding requirements, and expected ference agreement on H.R. 2076 (H. Rep. 104– CONTRIBUTIONS FOR INTERNATIONAL utilization of the facility, according to the 378) contained an incorrect description of the PEACEKEEPING ACTIVITIES standard reprogramming requirements of the contents of the agreement relating to fund- The conference agreement includes Committees on Appropriations of the House ing for the Diplomatic Telecommunications $359,000,000 for Contributions for Inter- and the Senate, the House International Re- Service (DTS). That conference report in- national Organizations, compared with lations Committee, and the Senate Foreign cluded language that provided $24,856,000 for $225,000,000 and an additional $2,000,000 in Relations Committee. DTS operation of existing base services, and contingent appropriations in the House bill, Sec. 411.—The conference agreement in- not to exceed $17,144,000 for enhancements to and $225,000,000 and an additional $215,000,000 cludes language proposed in section 3010 of remain available until expended, of which in contingent appropriations in the Senate the Senate bill relating to the Arms Control $9,600,000 was not to be made available until bill. and Disarmament Agency that makes unex- expiration of 15 days after submission of the In addition, the conference agreement in- pended carryover appropriated in fiscal year pilot project report. The conferees have cludes a technical correction in language in- 1995 for activities related to the implementa- agreed to reduce the amount withheld from cluded in the conference report on H.R. 2076, tion of the Chemical Weapons Convention $9,600,000 to $2,500,000. as proposed in both the House and Senate available for ACDA operations. The House SECURITY AND MAINTENANCE OF UNITED STATES versions of H.R. 3019. bill contained no provision on this issue. The conference agreement retains the limi- MISSIONS RELATED AGENCIES tations on expenditure of these funds, as con- The conference report includes $385,760,000 tained in both the House and Senate bills COMPETITIVENESS POLICY COUNCIL for Security and Maintenance of United and the conference report on H.R. 2076. SALARIES AND EXPENSES States Missions, as proposed in both the RELATED AGENCIES The conference agreement includes $50,000 House and Senate bills, but does not include for the Competitiveness Policy Council in- ARMS CONTROL AND DISARMAMENT AGENCY an additional contingent appropriation of stead of $100,000 as proposed by the Senate $8,500,000 as proposed in title IV of the Sen- ARMS CONTROL AND DISARMAMENT ACTIVITIES and no funding as proposed by the House. ate bill. The conference agreement includes The conference agreement also includes lan- The additional rescission in this account $38,700,000, instead of $35,700,000, as proposed guage stating that this is the final Federal proposed by the Senate is addressed sepa- by the Senate, and $32,700,000, as proposed by payment to the Council. As a result, the con- rately under the Rescissions section. the House. ferees expect the Council to use the remain- INTERNATIONAL ORGANIZATIONS AND UNITED STATES INFORMATION AGENCY ing funds to proceed with the orderly termi- CONFERENCES EDUCATIONAL AND CULTURAL EXCHANGE nation of the Council. CONTRIBUTIONS TO INTERNATIONAL PROGRAMS FEDERAL COMMUNICATIONS COMMISSION ORGANIZATIONS The conference agreement does not include SALARIES AND EXPENSES The conference agreement includes bill language proposed by the Senate to pro- The conference agreement provides $892,000,000 for Contributions to Inter- vide $1,800,000 to the Mike Mansfield Fellow- $185,709,000 in total resources for the Federal national Organizations, to pay the costs as- ship Program. The House bill contained no Communications Commission, $10,000,000 sessed to the United States for membership provision on this matter. more than provided in the conference report in international organizations, compared to While the conferees have not included the on H.R. 2076 and in the House bill, and $700,000,000 and an additional $158,000,000 in language proposed by the Senate, they have $10,000,000 less than provided in the Senate contingent appropriations in the House bill, agreed that the USIA shall disburse funds in bill. The additional $10,000,000 over the House and $700,000,000 and an additional $223,000,000 the amount of $1,800,000 to the Mansfield bill is to be derived from increased fees and in contingent appropriations in the Senate Center for Pacific Affairs to cover the Cen- is being provided to the Commission to cover bill. ter’s costs in fully implementing the Mike costs associated with implementation of the In addition, the conference agreement in- Mansfield Fellowships including the posting Telecommunications Act of 1996. cludes language withholding $80,000,000 of the of seven 1995 fellows and their immediate The conference agreement also includes total provided, to be made available on a families in Japan in order that the fellows bill language revisions to the FCC fee sched- quarterly basis upon certification by the may work in a Japanese government agency ule relating to ten specific television broad- Secretary of State that the United Nations for one year, preparation and training for casting fee categories, as proposed in the has taken no action to increase funding for ten 1996 fellows, the recruitment and selec- Senate bill. The House bill contained no any United Nations program without identi- tion of the ten 1997 fellows, and attendant similar provision. fying an offsetting decrease elsewhere in the administrative costs. The conference agreement includes lan- United Nations budget and cause the United GENERAL PROVISIONS—DEPARTMENT OF STATE guage, not in either the House or Senate bill, Nations to exceed its no growth budget for AND RELATED AGENCIES to allow the Federal Communications Com- the biennium 1996–1997 adopted in December, Sec. 405. The conference agreement pro- mission to address an issue that appears to 1995. The House bill contained a proviso vides a full-year waiver of the limitation on present unique circumstances that require withholding one-half of the proposed contin- operations of the Department of State, the immediate attention. WQED, which operates gent funding for this account until the Sec- U.S. Information Agency, and the Arms Con- two non-commercial stations in Pittsburgh, retary of State certified that the United Na- trol and Disarmament Agency in the absence Pennsylvania, has indicated it is in financial tions had taken no action to cause it to ex- of an authorization, as proposed in the Sen- difficulty, and is seeking the opportunity to ceed its no growth budget for the biennium ate bill. The House bill included a waiver obtain a determination on an expedited basis 1996–1997 adopted in December, 1995. The Sen- until April 1, 1996. as to whether it could convert one of its sta- ate bill contained no provision on this mat- The conference agreement does not include tions to a commercial station and then as- ter. a provision, included in the Senate bill as sign the license for the station, using the H4192 CONGRESSIONAL RECORD — HOUSE April 30, 1996 proceeds to relieve its financial difficulties. provision does not allow the collection of at- Acquisition and Maintenance of Buildings The language included in the conference re- torneys fees for any new or additional claim Abroad account, compared with a rescission port addresses this situation by assuring or matter not initiated prior to enactment of of $60,000,000 included in the conference re- speedy consideration of the issue by the FCC. this Act. Neither the House nor Senate bill port on H.R. 2076 and proposed in the House The language requires the FCC to make a de- contained a provision on this matter. bill and a rescission of $95,500,000 proposed in termination on a petition submitted by The conference agreement makes a modi- the Senate bill. WQED within 30 days, and gives the FCC the fication to language included in section 508 DISTRICT OF COLUMBIA authority to provide WQED the relief it is in both the House and Senate bills to provide Section 101(b) of H.R. 3019 provides appro- seeking as one of the options that the FCC for a limited transition time for LSC grant- priations for programs, projects and activi- can consider in making its determination. ees to dispose of pending cases and matters ties provided for in the conference report The Conference agreement does not in- initiated prior to enactment of this Act, (House Report 104–455 filed January 31, 1996) clude language proposed in the Senate bill which would now be prohibited under this that accompanied the District of Columbia requiring the FCC to pay the travel-related Act. The agreement provides LSC grantees Appropriations Act, 1996 (H.R. 2546). The con- expenses of the Federal-State Joint Board on until August 1, 1996 to dispose of all such ference report was adopted in the House of Universal Service, but the conferees expect cases. Representatives on January 31, 1996, but was that these expenses will be covered within The conference agreement contains modi- not voted on by the Senate because of a fili- the additional resources provided by the fications to language in section 509 proposed buster. The Senate voted on a motion to in- agreement. The House bill contained no by the Senate related to the procedures by voke cloture and close further debate on four similar provision. which LSC grantees are audited and the separate occasions. The required 60 votes manner in which recipients contract with li- were not attained on any of those votes LEGAL SERVICES CORPORATION censed independent certified public account- which occurred on February 27, 1996 (54–44); PAYMENT TO THE LEGAL SERVICES ants for financial and compliance audits. February 29, 1996 (52–42); March 5, 1996 (53–43); CORPORATION Also included are modifications to language and March 12, 1996 (56–44). H.R. 3019 as passed The conference agreement provides proposed by the Senate to clarify that only the House on March 7, 1996, did not include $278,000,000 for the Legal Services Corpora- the Office of the Inspector General shall have funding for the District of Columbia govern- tion, as proposed by the House, instead of oversight responsibility to ensure the qual- ment; however, the bill as passed the Senate $300,000,000 as proposed by the Senate. In ad- ity and integrity of the financial and compli- on March 19, 1996, included the conference re- dition, the conference agreement does not ance audit process. Language is also in- port (House Report 104–455) that accom- include $9,000,000 in additional contingent cluded, as proposed by the Senate, to clarify panied H.R. 2546 with certain modifications appropriations, as proposed by the Senate the Corporation management’s duties and re- that are explained later in this statement. under title IV of the Senate bill. sponsibilities to resolve deficiencies and non- The language and allocations set forth in Within the total amounts provided, the compliance reported by the Office of the In- House Report 104–294, Senate Report 104–144, conferees agree that the funds should be dis- spector General. Further, language is in- and House Report 104–455 are to be complied tributed as follows: (1) $269,400,000 for basic cluded, as proposed by the Senate, authoriz- with unless specifically addressed to the con- field programs and required independent au- ing the Office of the Inspector General to trary in the accompanying bill and state- dits carried out in accordance with section conduct additional on-site monitoring, au- ment of the managers. The conference agree- 509; (2) $1,500,000 for the Office of Inspector dits, and inspections necessary for pro- ment also includes various technical changes General; and (3) $7,100,000 for management grammatic, financial and compliance over- to headings and section references. and administration. The conferees are aware sight. The House bill contained the provi- D.C. CHARTERED HEALTH PLAN, INC. that the Legal Services Corporation has re- sions included in the conference report on The conferees note that language in sec- cently identified $400,000 in prior year carry- H.R. 2076. tion 3008 of H.R. 3019, the Omnibus Consoli- over funds. The conferees expect the Com- OUNCE OF PREVENTION COUNCIL dated Rescissions and Appropriations Act of mittees on Appropriations of the House and The conference agreement includes 1996, under the jurisdiction of the Sub- Senate to be notified prior to any further ex- $1,500,000 for the Ounce of Prevention Coun- committee on the Departments of Labor, penditure of these funds in accordance with cil as proposed by the Senate. The House bill Health and Human Services, and Education, section 605 of this Act. The conference agree- did not include funding for this organization. provides a waiver to the D.C. Chartered ment does not include language, proposed by GENERAL PROVISIONS Health Plan, Inc., a private provider of man- the Senate, for payment of attorneys fees for Sec. 609. The conference agreement in- aged health care in the District that was es- a specific civil action. cludes a general provision prohibiting use of tablished in 1988 and provides health care to The Legal Services Corporation histori- funds to pay for expansion of diplomatic or 40 percent of the Medicaid AFDC bene- cally has distributed funding for basic field consular operations in Vietnam unless the ficiaries in the District. programs (for all eligible clients) on an equal President certifies within 60 days that Viet- INFANT MORTALITY figure per poor person based on the 1990 cen- nam is cooperating in full faith with the U.S. The conferees are deeply concerned that sus, with an exception that adjusts the for- on POW/MIA issues. The conference report the status of infant mortality and morbidity mula for certain isolated states and terri- on H.R. 2076 and the House bill contained a in the Nation’s Capital continues to be the tories. The conferees are encouraged that the provision prohibiting use of funds unless the poorest in the United States. The Depart- Corporation has worked expeditiously to dis- President certifies that Vietnam is fully co- ments of Labor, Health and Human Services, tribute funding on a competitive award operating with the U.S. on these issues. The and Education and Related Agencies Appro- basis, and urge the Corporation to continue Senate bill did not include a provision on priations Act for fiscal year 1991 (H.R. 5257) implementation of the system that has been this matter. included funds in the budget for the National developed to continue providing grants to all Sec. 616–617. The conference agreement in- Institute of Child Health and Human Devel- eligible populations. cludes two provisions clarifying the relation- opment (NICHD) ‘‘to conduct research on ship of provisions in the Commerce, Justice, pregnancy and perinatology with special em- ADMINISTRATIVE PROVISIONS—LEGAL SERVICES and State, the Judiciary, and Related Agen- phasis on the determinants and consequences CORPORATION cies appropriations bill to several full-year of environmental contributions, including The conference agreement includes lan- provisions provided in previous continuing crack cocaine abuse, to the low birth weight guage proposed by the Senate under section resolutions and the Balanced Budget Down- and infant mortality problems in the Dis- 504 to provide an exception to the prohibi- payment Act, I. trict.’’ (Senate Report 101–516, page 118). The tion contained therein that would permit re- The Senate bill included a provision re- report further states that ‘‘The plan should cipients of LSC grants to use funds derived pealing the section of the Balanced Budget include research projects * * * and the from non-Federal sources to comment on Downpayment Act, I that set out the operat- means to contract with a local host institu- public rulemakings or to respond to a writ- ing rates for programs funded under the tion to provide the clinical facilities associ- ten request for information or testimony Commerce, Justice, and State the Judiciary, ated infrastructure to operate them’’. from a governmental body, so long as the re- and Related Agencies appropriations bill. The conferees request that the NICHD con- sponse is made only to the parties that make The House bill included a provision, sec- tinue its research on pregnancy and the request and the recipient does not ar- tion 105, that addressed the relationship of perinatology as directed in Senate Report range for the request to be made. The House the provisions of this bill to previous year 101–516 and conduct its study within the ju- bill contained no similar exception to the 1996 appropriations measures for all the ap- risdictional bounds of the Nation’s Capital as prohibition contained in the bill. propriations bills included in H.R. 3019. spelled out in that report. Further, the con- ferees urge NICHD to solicit bids only within The conference agreement corrects a code RESCISSIONS the District of Columbia, consistent with the citation in section 504(a)(10)(c), as proposed DEPARTMENT OF STATE in the Senate bill. The House bill contained intent of Congress as originally reflected in ADMINISTRATION OF FOREIGN AFFAIRS the code citation provided in the conference Senate Report 101–516. report on H.R. 2076. ACQUISITION AND MAINTENANCE OF BUILDINGS D.C. CANINE FACILITY The conference agreement includes lan- ABROAD As noted on page 120 of the conference re- guage under section 508 to allow for the col- (RESCISSION) port (House Report 104–455) that accom- lection of attorneys fees for cases or matters The conference agreement includes a re- panied the District of Columbia Appropria- pending prior to enactment of this Act. This scission of $64,500,000 from balances in the tions Act, 1996 (H.R. 2546), the Metropolitan April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4193 Police Department has had a long-standing substantial proceeds being made available District of Columbia Financial Responsibil- need to construct a modernized canine train- for improving the District’s public school fa- ity and Management Assistance Authority ing facility at a location near D.C. Village. cilities in the same ward. The Hamilton and established the Chief Financial Officer The funding for this project has been avail- School, which is in the midst of the Gallau- position. The Treasurer of the District, the able for some time; however, for various rea- det campus, was appraised at approximately Controller of the District and the head of the sons construction of the facility has been de- $4,000,000 in 1990, though it may be worth Office of Financial Information Services layed and contract bids have been allowed to somewhat less at present. There is some evi- were placed under the CFO’s authority by expire. The conferees have been informed dence that the title to the land on which Public Law 104–8. The clarifying language that the District government has identified Hamilton is located is vested in the Federal places the directors of the Office of the Budg- approximately $750,000 for construction of government. The conferees are hopeful that et and the Department of Finance and Reve- the facility and again is proceeding with the a mutually satisfactory arrangement can be nue as well as all other District of Columbia required contracting procedures. The sched- worked out voluntarily between the two par- executive branch accounting, budget, and fi- ule provided by District officials calls for the ties, with area students the beneficiaries. nancial management personnel under the contract to be awarded in July with con- EDUCATION REFORM CFO’s authority thereby providing the CFO struction to begin immediately thereafter so The conference action deletes this para- with control over all financial activities of that the facility can be occupied by Feb- graph which appropriated $14,930,000 from the the District government as envisioned by ruary 1997. The conferees direct District offi- District’s general fund for Education Reform Public Law 104–8. All of these individuals cials to expedite this long overdue project initiatives. The proviso in this paragraph re- will be appointed by, serve at the pleasure of, and to immediately advise the House and lating to Gallaudet University has been and act under the direction and control of Senate Committees on Appropriations of any transferred to the heading ‘‘Governmental the CFO. delays. District officials are requested to Direction and Support’’. Property conveyance.—The conference ac- provide monthly progress reports with de- GENERAL PROVISIONS tion inserts a new section 156 requiring the tailed explanations for deviations from the transfer of certain property to the Architect Lorton Correctional Complex.—The con- schedule. The reports are to be provided to of the Capitol. Public Law 98–340, approved ference action amends section 151 of H.R. the House and Senate Committees on Appro- July 3, 1984, provided for a multi-jurisdic- 2546 (House Report 104–455) concerning the priations on the first day of each month fol- tional land exchange to allow the Washing- Lorton Correctional Complex to reflect the lowing the enactment of this Act. ton Metropolitan Area Transit Authority to findings of a report dated January 30, 1996, The present canine facility being used by complete construction of the Green Line, issued recently by the National Institute of the Metropolitan Police Department is lo- which was the last segment of the region’s Corrections (NIC) which identifies very seri- cated on property that is being transferred rapid rail system. This land exchange re- ous problems with the operation, manage- to the Architect of the Capitol as required by sulted from a decision to place a Metro sta- ment, and physical plant. The amendment Public Law 98–340 and referenced in section tion and parking facility across the Ana- agreed to by the conferees addresses many of 1565 of this Act. For several years the plan costia River near the juncture of the South the concerns raised by the NIC report and has been to use the existing facility, when it Capitol Street Bridge and I–295, and involved conforms the initial language to changed becomes available, for the U.S. Capitol Po- the Washington Metropolitan Area Transit timetables. Subsection (a) added by the con- lice who have been occupying temporary Authority, the District of Columbia, the Na- ferees directs the NIC acting for and on be- structures while waiting for the Metropoli- tional Park Service, and the Architect of the half of the District of Columbia to hire a tan Police to move to their new quarters. Capitol. The Agreement, which was entered consultant to develop a plan for short-term During the transition period while the new into 12 years ago, included a commitment by improvements on a limited number of ad- D.C. canine facility is being constructed, the the District of Columbia to transfer a por- ministrative and physical plant reforms that conferees believe that co-location of the tion of D.C. Village to the Architect of the can be completed within a three to five Metropolitan Police and the U.S. Capitol Po- Capitol in exchange for land under the Archi- month time-frame. The language also re- lice canine forces is more economical than tect of the Capitol’s jurisdiction that was quires the NIC to submit their report to the providing two separate facilities. The con- transferred for the Metro facility. All work President, the Congress, the Mayor, and the ferees therefore direct the Metropolitan Po- called for under the Agreement has been District of Columbia Financial Responsibil- lice Department to share the existing canine completed, including the relocation of Shep- ity and Management Assistance Authority facility at D.C. Village with the U.S. Capitol herd Parkway. The conferees have included no later than September 30, 1996. Subsection Police and its canine training program. The language in section 156 of this Act which re- (b) directs the NIC acting for and on behalf conferees request monthly reports from both quires the District government to provide of the District of Columbia to hire a consult- police forces on the status of this sharing ar- the Architect of the Capitol with a deed for ant to develop at least four optional long- rangement. The first report is due April 30, the property in accordance with the Agree- term plans for the Lorton Correctional Com- 1996, with subsequent reports due on the last ment not later than 30 days after the enact- plex, including: (1) a plan under which the day of each month until the Metropolitan ment of H.R. 3019. Lorton Correctional Complex will be closed Police move into the new D.C. canine facil- and inmates transferred to new facilities TITLE II—DISTRICT OF COLUMBIA SCHOOL ity. constructed and operated by private entities; REFORM TITLE I—FISCAL YEAR 1996 APPROPRIATIONS (2) a plan under which the Lorton Correc- The conference action amends the District FEDERAL CONTRIBUTION FOR EDUCATION tional Complex will remain in operation of Columbia school reforms reflected in the REFORM under the management of the District of Co- conference report (House Report 104–455) on The conference action deletes this para- lumbia subject to such modification as the H.R. 2546, the District of Columbia Appro- graph and the Federal appropriation of District considers appropriate; (3) a plan priations Act for fiscal year 1996. the con- $14,930,000 instead of reallocating the low-in- under which the Federal government will op- ference agreement deletes ‘‘Subtitle C—Even come scholarship funding of $5,250,000 to re- erate the Lorton Correctional Complex and Start’’; ‘‘Subtitle G—Residential School’’; pair, modernization, maintenance and plan- the inmates will be sentenced and treated in and ‘‘Subtitle N—Low-Income Scholarships’’ ning consistent with subtitles A and F of accordance with guidelines applicable to that were included in House Report 104–455. title II of the bill, the August 14, 1995, rec- Federal prisoners; and (4) a plan under which The conference agreement incorporates the ommendations of the ‘‘Superintendent’s the Lorton Correctional Complex will be op- provisions of ‘‘Subtitle H—Progress Reports Task Force on Education Infrastructure for erated under private management. The lan- and Accountability’’ that was included in the 21st Century’’, and the June 13, 1995, ‘‘Ac- guage also requires the NIC to submit their House Report 104–455 as the last two sections celerating Education Reform in the District report to the President, the Congress, the of subtitle A. The conference agreement also of Columbia: Building on BESST’’ (which is Mayor, and the District of Columbia Finan- incorporates many of the provisions of ‘‘Sub- the acronym for the Superintendent’s edu- cial Responsibility and Management Assist- title J—Management and Fiscal Account- cational reform agenda ‘‘Bringing Education ance Authority no later than December 31, ability’’ and ‘‘Subtitle K—Personal Account- Services to Students’’) as proposed by the 1996. ability and Preservation of School-Based Re- Senate. Adoptions by unmarried couples.—The con- sources’’ into various general provisions ference action deletes section 152 of H.R. 2546 under title I. The remaining sections of sub- GOVERNMENTAL DIRECTION AND SUPPORT (House Report 104–455) that would have pro- titles J and K have been consolidated into a The conference action includes a proviso hibited adoptions by unmarried couples ex- new ‘‘Subtitle G—Management and Fiscal transferred from the deleted paragraph cept in those cases where one of the individ- Accountability; Preservation of School- ‘‘Education Reform’’ that directs the Dis- uals was the natural parent. Based Resources’’. trict government to enter into negotiations Chief Financial Officer powers.—The con- Recently, the Council of the District of Co- with Gallaudet University for the purpose of ference action inserts a new section 152 effec- lumbia passed D.C. Bill 11–318, the Public transferring the Hamilton Junior High tive during fiscal years 1996 and 1997 which Charter Schools Act of 1996. On March 26, School building from the District’s public clarifies certain duties and responsibilities 1996, the Mayor returned the bill to the school system to Gallaudet. The conferees of the Chief Financial Officer to enable the Council without his signature. In his letter expect that such a transaction, which would CFO to exercise his authority with the inde- the Mayor states that ‘‘The legislation cre- require the agreement of both Gallaudet and pendence called for under Public Law 104–8, ates extensive regulations for proposed char- the District government, would result in approved April 17, 1995, which created the ter schools without providing significant H4194 CONGRESSIONAL RECORD — HOUSE April 30, 1996 independent authority.’’ His letter further rior and Related Agencies which are effec- pend the moratorium if he determines that states ‘‘In addition, proposed charter schools tive upon enactment of this Act as if it had such a suspension is appropriate based on might not have available to them certain re- been enacted into law as the regular appro- public interest in sound environmental man- gional and central system support provided priations Act. agement, sustainable resource use, protec- to other schools within the system.’’ The The conference agreement on section 101(c) tion of national or local interests or protec- conferees are committed to ensuring that incorporates many of the provisions of the tion of cultural, biological or historic re- charter schools become a reality in the Dis- conference agreement on H.R. 1977, House sources. Any such suspension must be re- trict and have therefore included Subtitle Report 104–402. Report language and alloca- ported to the Congress. B—Public Charter Schools, in title II of the tions set forth in the conference agreement NATIONAL PARK SERVICE on H.R. 1977 that are not changed by the con- conference agreement. This subtitle address- OPERATION OF THE NATIONAL PARK SYSTEM es the concerns expressed by the Mayor. ference agreement on section 101(c) of H.R. $1,082,481,000 is appropriated for Operation The conference agreement includes resi- 3019 are approved by the committee of con- of the National Park System instead of dential education as a program that can be ference. The report language and allocations $1,083,151,000 as proposed by the conference provided in a public charter school and re- adopted by the conference agreement on H.R. agreement on H.R. 1977. The change to the quires the District to provide the $130,000 1977 are unchanged unless expressly provided previous agreement is a decrease of $670,000 prorata share of Public Charter School Board herein. for headquarters administration. operating expenses for the remainder of fis- TITLE I—DEPARTMENT OF THE The managers understand that the Service cal year 1996. In addition, the conferees note INTERIOR and the Federal Highway Administration are that other portions of this conference agree- BUREAU OF LAND MANAGEMENT in the process of realigning and widening the ment provide the U.S. Department of Edu- 15th Street corridor at Raoul Wallenberg cation with additional funds to support char- MANAGEMENT OF LANDS AND RESOURCES Place in Washington, DC. The managers are ter school activities in the various states. $567,453,000 is appropriated for Management aware of concerns that this effort will have The conferees intend that the Department of Lands and Resources instead of $568,062,000 a negative impact on the size and quality of provide the District of Columbia with appro- as proposed by the conference agreement on the sports field located across the street priate financial and technical assistance to H.R. 1977. The change from the earlier agree- from the Holocaust Memorial Museum. The support the start-up of the Charter School ment is a decrease of $609,000 for head- managers expect the Service to provide an Board. quarters administration. assessment to the House and Senate Com- The conference agreement amends ‘‘Sub- Bill Language. Language restricting the use mittees on Appropriations on the impact the title D—World Class Schools Task Force’’ by of funds for the Mojave National Preserve in construction of this corridor will have on changing the letter designation from ‘‘D’’ to California has been deleted. This issue is said field including any alterations to the ‘‘C’’ and including language to provide fund- dealt with in more detail in section 119 of current size and quality of the playing area ing authorizations in fiscal year 1997. The this Act under the heading General Provi- and an estimate of the length of time the conference agreement also makes other tech- sions, Department of the Interior. field will remain unusable for sporting nical changes in dates as appropriate. PAYMENTS IN LIEU OF TAXES events. This assessment should also include The conferees are deeply concerned about $113,500,000 is appropriated for Payments in a cost estimate for (1) preservation or re- the state of the facilities in the District of Lieu of Taxes instead of $101,500,000 as pro- alignment of the field needed to allow sports Columbia public school system. Subtitle E— posed by the conference agreement on H.R. activities to continue; (2) leveling of the School Facilities Repair and Improvement, 1977. field and repair of the field’s surface with calls for the U.S. General Services Adminis- OREGON AND CALIFORNIA GRANT LANDS new grass; and (3) annual maintenance of the tration to provide technical assistance to the field. This assessment should be completed District of Columbia public schools in the $97,452,000 is appropriated for Oregon and as expeditiously as possible. development of a facilities revitalization California Grant Lands instead of $93,379,000 Bill Language. Language restricting the use plan. It also provides waivers to allow pri- as proposed by the conference agreement on of funds for the Mojave National Preserve in vate companies to donate materials and H.R. 1977. The change from the earlier agree- California has been deleted. This issue is services to rehabilitate school facilities. The ment is an increase of $4,073,000 for colloca- dealt with in more detail in section 119 of conference agreement includes narrowly tion of the Oregon State office of the Bureau this Act under the heading General Provi- drawn waivers to ensure that private em- of Land Management with the Pacific north- sions, Department of the Interior. ployees may donate their services. The lan- west regional office of the Forest Service. guage also ensures that employees of the UNITED STATES FISH AND WILDLIFE SERVICE CONSTRUCTION District of Columbia government will not be RESOURCE MANAGEMENT The managers on the part of the House do not agree with the Senate position, ex- called upon to ‘‘volunteer’’ to provide serv- $501,010,000 is appropriated for Resource ices for which they would be paid as a part of pressed in a colloquy during Senate debate Management instead of $497,943,000 as pro- on H.R. 3019, with respect to the Natchez their employment. posed by the conference agreement on H.R. The conferees encourage the District of Co- Trace Parkway. 1977. Changes from the earlier agreement in- lumbia Public Schools in their efforts to es- clude a decrease of $183,000 for headquarters UNITED STATES GEOLOGICAL SURVEY tablish a residential school to serve the resi- administration and an increase of $3,250,000 SURVEYS, INVESTIGATIONS, AND RESEARCH dents of the District of Columbia. The con- for the endangered species program. $730,163,000 is appropriated for Surveys, In- ferees look forward to having the thoughts The managers understand that the Service vestigations, and Research instead of and plans of the Superintendent and other has been directed by the U.S. district court $730,503,000 as proposed by the conference school officials during consideration of the for the western district of Washington to fi- agreement on H.R. 1977. The change from the District’s fiscal year 1997 budget and finan- nalize critical habitat designation for the earlier agreement is a decrease of $340,000 for cial plan. Without the availability of Federal marbled murrelet by May 15, 1996 and that headquarters administration. funds, the authorizing language included in the Department of Justice has filed a motion The managers agree that, within the funds the conference report (House Report 104–455) to stay enforcement of the order. The man- provided for natural resources research in on H.R. 2546 as ‘‘Subtitle G—Residential agers expect the Service, to the extent it the State of Florida, the Survey should School’’ has been deleted. proceeds with the critical habitat designa- maintain the same level of funding as was The conferees believe that leveraging pri- tion process for the marbled murrelet, to provided in fiscal year 1995 by the National vate sector funds to provide the public consider carefully the concerns of all inter- Biological Service for manatee research as schools with access to state-of-the-art tech- ested parties including the States and pri- part of the Sirenia Project. nology and implementing a regional vate landowners. Potential economic im- MINERALS MANAGEMENT SERVICE workforce training initiative are essential to pacts on private landowners should be fully creating a model public education system in ROYALTY AND OFFSHORE MINERALS evaluated and, to the extent practicable, the Nation’s Capital. In the absence of Fed- MANAGEMENT every attempt should be made to ameliorate eral funds for fiscal year 1996, the conferees $182,555,000 is appropriated for Royalty and adverse impacts and use Federal lands in es- have amended the authorizations included in Offshore Minerals Management instead of tablishing critical habitat. If the May 15 the conference report (House Report 104–455) $182,994,000 as proposed by the conference deadline remains in effect and proves to be on H.R. 2546 for these programs to begin in agreement on H.R. 1977. The change from the unrealistic, the Service should so notify the fiscal year 1997. The conference agreement earlier agreement is a decrease of $439,000 for court and petition for an extension. deletes section 2704(e) ‘‘Professional Develop- headquarters administration. Bill Language. Language has been included ment Program for Teachers and Administra- placing a moratorium on the use of funds by BUREAU OF INDIAN AFFAIRS tors’’ that had been included in the con- the Secretaries of the Interior and Com- OPERATION OF INDIAN PROGRAMS ference report (House Report 104–455) on H.R. merce for endangered species listing activi- Bill Language. Language is included to per- 2546. ties, except for delisting, reclassification and mit the use of prior year unobligated bal- DEPARTMENT OF THE INTERIOR AND emergency listings. An earmark of $4 million ances for employee severance, relocation, RELATED AGENCIES is included for those activities not subject to and related expenses until September 30, 1996 Section 101(c) provides fiscal year 1996 ap- the moratorium. The managers have also instead of March 30, 1996 as proposed by the propriations for the Department of the Inte- provided authority to the President to sus- conference agreement on H.R. 1977. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4195

DEPARTMENTAL OFFICES conference agreement on H.R. 1977. The DEPARTMENT OF HEALTH AND HUMAN DEPARTMENTAL MANAGEMENT change from the earlier agreement is an in- SERVICES SALARIES AND EXPENSES crease of $100,000 for collocation of the Or- INDIAN HEALTH SERVICE egon State office of the Bureau of Land Man- $56,912,000 is appropriated for Salaries and INDIAN HEALTH SERVICES Expenses instead of $57,796,000 as proposed by agement with the Pacific northwest regional office of the Forest Service. Bill Language. The managers have not the conference agreement on H.R. 1977. The agreed to earmark funds for inhalant abuse Bill Language. Language has been included change from the earlier agreement is a de- treatment programs as proposed by the Sen- to permit the transfer of trail construction crease of $884,000 for headquarters adminis- ate. The managers understand that the In- funds, appropriated in fiscal year 1995 for the tration in the departmental direction ac- dian Health Service provides for both direct count. Because it is halfway through the fis- construction of the Columbia Gorge Discov- care and referrals for adolescents afflicted cal year, the managers agree that maximum ery Center, to the group titled the ‘‘Non- with inhalant abuse problems and encourage flexibility is permitted in allocating this re- Profit Citizens for the Columbia Gorge Dis- IHS to continue to refer patients, as appro- duction within that account. covery Center’’, as proposed by the Senate. priate, for treatment of such abuse. The OFFICE OF THE SOLICITOR LAND ACQUISITION managers are aware of the particular exper- SALARIES AND EXPENSES tise of the Our Home Inhalant Abuse Center, $34,427,000 is appropriated for Salaries and $39,400,000 is appropriated for Land Acqui- and encourage IHS to continue to refer pa- Expenses instead of $34,608,000 as proposed by sition instead of $41,200,000 as proposed by tients to this facility, as appropriate. the conference agreement on H.R. 1977, a re- the conference agreement on H.R. 1977. The OTHER RELATED AGENCIES change from the earlier agreement is a de- duction of $1,800,000 below the earlier agree- crease of $181,000 for headquarters adminis- ment, including decreases of $1,700,000 for SMITHSONIAN INSTITUTION tration. Federal land acquisition and $100,000 for ac- SALARIES AND EXPENSES GENERAL PROVISIONS, DEPARTMENT OF quisition management. The managers are $311,188,000 is appropriated for Salaries and THE INTERIOR very concerned that the Service has pro- Expenses instead of $308,188,000 as proposed ceeded with specific land acquisitions this Lanaguage is included in section 119 on the by the conference agreement on H.R. 1977. year without the approval of the House and management of the Mojave National Pre- The change from the earlier agreement is an Senate appropriations committees, and bill serve. The managers have agreed to remove increase of $3,000,000 for voluntary separa- language has been included requiring the the statutory restrictions on the National tion incentive payments and other costs as- Park Service and the Bureau of Land Man- Service to obtain the approval of the com- sociated with employee separations pursuant agement which were included in the con- mittees before proceeding with any further to the authority provided for employee ‘‘buy- ference agreement on H.R. 1977. The Park land acquisitions in fiscal year 1996. outs’’ in section 339 of this Act. Service, under this provision, is permitted to SOUTHEAST ALASKA ECONOMIC DISASTER FUND TITLE III—GENERAL PROVISIONS manage the Preserve but limited in its man- agement practices to those ‘‘historical man- $110,000,000 is appropriated for the South- Section 314. Deletes the language dealing agement practices’’ of the Bureau of Land east Alaska Economic Disaster Fund. No with the Interior Columbia Basin Ecosystem Management until the Service has completed funds were provided for this new account in Management Project proposed in the con- a conceptual management plan and received the conference agreement on H.R. 1977. These ference agreement on H.R. 1977 and replaces approval of that plan from the House and funds are provided for grants to communities it with a limitation on the use of funds for Senate Committees on Appropriations. The affected by the declining timber program on implementing regulations or requirements provision also limits operating funds to the Tongass National Forest. This issue is to regulate non-Federal lands with respect to $1,100,000 unless approval for an additional discussed in more detail in section 325 of this project. amount is obtained from the House and Sen- Title III—General Provisions. Section 325. Bill language is included pro- ate Committees on Appropriations. The man- viding for a one-year moratorium on estab- ADMINISTRATIVE PROVISIONS, FOREST SERVICE agers agree that this provision will expire on lishment of a new Tongass Land Manage- September 30, 1996. The managers have also The Tongass National Forest provisions ment Plan for the Tongass National Forest provided authority to the President to sus- addressed under this heading in the con- in southeast Alaska. The moratorium would pend the restrictions in section 119 if he de- ference agreement on H.R. 1977 have been be in effect for one year after the date of en- termines that such a suspension is appro- moved to section 325 under Title III—General actment of this Act rather than for two fis- priate based on public interest in sound envi- Provisions. cal years as proposed by the conference ronmental management, sustainable re- agreement on H.R. 1977. In amending or re- DEPARTMENT OF ENERGY source use, protection of national or local in- vising the current plan, the Secretary may terests or protection of cultural, biological FOSSIL ENERGY RESEARCH AND DEVELOPMENT establish habitat conservation areas, and im- or historic resources. Any such suspension pose any restriction or land use designations must be reported to the Congress. $417,018,000 is appropriated for Fossil En- deemed appropriate, so long as the number of ergy Research and Development instead of acres in the timber base and resulting allow- TITLE II—RELATED AGENCIES $417,169,000 as proposed by the conference DEPARTMENT OF AGRICULTURE able sale quantity is not less than the agreement on H.R. 1977. The change from the amounts identified in the preferred alter- FOREST SERVICE earlier agreement is a decrease of $151,000 for native (alternative P) in the October 1992 STATE AND PRIVATE FORESTRY headquarters administration. Tongass land and resource management $136,884,000 is appropriated for State and The managers understand that the fiscal plan. The Secretary may implement compat- Private Forestry instead of $136,794,000 as year 1997 budget will reflect the transfer of ible standards and guidelines, as necessary, proposed by the conference agreement on the health and safety research programs of to protect habitat and preserve multiple uses H.R. 1977. The change from the earlier agree- the Bureau of Mines to the National Insti- of the Tongass National Forest. ment is an increase of $90,000 for collocation tute for Occupational Safety and Health The language has been augmented from the of the Oregon State office of the Bureau of (NIOSH) in the Department of Health and version included in H.R. 1977 to address the Land Management with the Pacific north- Human Services. The managers encouraged Administration’s concerns about west regional office of the Forest Service. such a transfer in the fiscal year 1996 con- clearcutting. The provision makes it clear Bill Language. Earmarks $200,000 as pro- ference agreement on H.R. 1977 and see no that nothing in this section shall be inter- posed by the Senate, for a grant to the World reason to delay the transfer. The managers preted as mandating clearcutting or Forestry Center for research on land ex- strongly encourage the Department of En- unsustainable timber harvesting. The lan- change efforts in the Umpqua River Basin ergy to enter into an interagency agreement guage also makes it clear that any revision, Region in Oregon. with NIOSH for the fiscal year 1996 funding. amendment, or modification shall be based NATIONAL FOREST SYSTEM In determining the allocation of funds for on research results obtained through the ap- $1,257,057,000 is appropriated for the Na- the transferred functions, the managers ex- plication of the scientific method and sound, tional Forest System instead of $1,256,253,000 pect the DOE and NIOSH to consider the verifiable scientific data. Data are sound, as proposed by the conference agreement on concerns of all interested parties, including verifiable, and scientific only when they are H.R. 1977. The change from the earlier agree- industry and labor. The managers also ex- collected and analyzed using the scientific ment is an increase of $804,000 for collocation pect the agencies to recognize the impor- method. The scientific method requires the of the Oregon State office of the Bureau of tance of maintaining a health and safety re- statement of an hypothesis capable of proof Land Management with the Pacific north- search presence in the East and in the West. or disproof; preparation of a study plan de- west regional office of the Forest Service. signed to collect accurate data to test the ENERGY CONSERVATION Bill Language. The managers have not hypothesis; collection and analysis of the agreed to a specific dollar limitation on $553,189,000 is appropriated for Energy Con- data in conformance with the study plan; travel expenses within the National Forest servation instead of $553,293,000 as proposed and confirmation, modification, or denial of System as proposed by the Senate. by the conference agreement on H.R. 1977. the hypothesis based upon peer-reviewed CONSTRUCTION The change from the earlier agreement is a analysis of the collected data. The data used $163,600,000 is appropriated for Construc- decrease of $104,000 for headquarters adminis- shall include information collected in the tion instead of $163,500,000 as proposed by the tration. southeast Alaska ecosystem. H4196 CONGRESSIONAL RECORD — HOUSE April 30, 1996 The section also includes language to allow control over navigable waters in the State of DEPARTMENT OF THE INTERIOR certain timber sales, that have cleared the Alaska with respect to subsistence fishing. BUREAU OF LAND MANAGEMENT National Environmental Policy Act (NEPA) The moratorium is for fiscal year 1996 rather CONSTRUCTION AND ACCESS and the Alaska National Interest Lands Con- than through May 15, 1997, as proposed by An additional $5,000,000 in emergency sup- servation Act (ANILCA) review processes, to the Senate. The managers are concerned plemental appropriations for Construction be awarded if the Forest Service determines that recent court decisions place require- and Access is made available as proposed by that additional analysis under NEPA and ments on the Departments of the Interior the Senate instead of $4,242,000 as proposed ANILCA is not necessary. and Agriculture to assume management au- The managers have also provided authority thority in navigable waters and that such by the House. Of this amount, $758,000 is con- to the President to suspend the provisions management could cost each agency several tingent upon receipt of a budget request that mentioned above with respect to the Tongass millions of dollars annually. In an era of de- includes a Presidential designation of such National Forest in Alaska if he determines clining budgets, this added burden would amount as an emergency requirement as de- that such a suspension is appropriate based have an adverse impact on other important fined in the Balanced Budget and Emergency on public interest in sound environmental programs. The managers urge the State of Deficit Control Act of 1985, as amended. management or protection of cultural, bio- Alaska and all parties involved to work to- OREGON AND CALIFORNIA GRANT LANDS logical or historic resources. Any such sus- ward developing a viable, long term solution An additional $35,000,000 in emergency sup- pension must be reported to the Congress. to the subsistence problem. The solution plemental appropriations for Oregon and Language is included to clarify that if the should provide for State management of fish California Grant Lands is made available as suspension is exercised, the duration of the and wildlife in Alaska while protecting those proposed by the Senate instead of $19,548,000 suspension would not exceed the period in who depend on subsistence resources. as proposed by the House. Of this amount, which the provisions of the section would Employee Details. The managers have not $15,452,000 is contingent upon receipt of a otherwise be in effect. agreed to place a statutory limitation on the budget request that includes a Presidential The managers are very concerned about temporary detail of employees within the designation of such amount as an emergency the negative impacts on the southeastern Department of the Interior as proposed by requirement as defined in the Balanced Alaska economy of a declining Federal tim- the House. The Department should continue Budget and Emergency Deficit Control Act ber program on the Tongass National Forest. to report quarterly on the use of employee of 1985, as amended. details and should not use such personnel de- The managers are aware of concerns that UNITED STATES FISH AND WILDLIFE SERVICE proposed modifications to the Tongass Land tails to offset programmatic or administra- RESOURCE MANAGEMENT Management Plan give insufficient attention tive reductions. to the economic ramifications of a reduced Section 337. Directs the Department of the An additional $1,600,000 in emergency sup- timber sales program, and urge the Adminis- Interior to transfer to the Daughters of the plemental appropriations for Resource Man- tration to consider strongly the socio- American Colonists a plaque in the posses- agement is made available as proposed by economic impacts of its proposed alter- sion of the National Park Service. The Park the Senate instead of no funding as proposed natives. In implementing this section, the Service currently has this plaque in storage by the House. The entire amount is contin- Forest Service shall prepare a city-by-city and this provision provides for its return to gent upon receipt of a budget request that socioeconomic analysis of the effect of re- the organization that originally placed the includes a Presidential designation of such ducing the suitable timber land base or tim- plaque on the Great Southern Hotel in Saint amount as an emergency requirement as de- ber sales levels on the communities of south- Louis, Missouri in 1933 to mark the site of fined in the Balanced Budget and Emergency Fort San Carlos. east Alaska and on the potential of restoring Deficit Control Act of 1985, as amended. Section 338. Inserts new language requiring a timber economy in Wrangell and Sitka. CONSTRUCTION that funds obligated for salaries and ex- To address these job losses and economic An additional $37,300,000 in emergency sup- penses of the Pennsylvania Avenue Develop- impacts, a new southeast Alaska disaster as- plemental appropriations for Construction is ment Corporation and for international for- sistance fund totaling $110 million has been made available as proposed by the Senate in- estry activities of the Forest Service be off- established under the Forest Service. The stead of $20,505,000 as proposed by the House. set from other specified sources upon enact- funds are provided as direct grants to the af- Of this amount, $16,795,000 is contingent upon ment of this Act. fected communities to employ former timber Section 339. Provides one-time authority for receipt of a budget request that includes a workers and for community development the Smithsonian Institution to offer early Presidential designation of such amount as projects, and as direct payments in propor- retirement opportunities and retirement bo- an emergency requirement as defined in the tion to the percentage of Tongass timber re- nuses to employees through October 1, 1996. Balanced Budget and Emergency Deficit ceipts realized by these communities in fis- Greens Creek Land Exchange. The managers Control Act of 1985, as amended. cal year 1995. have not agreed to bill language, proposed by The managers have neither agreed to bill The grants are provided with broad author- the Senate in Title III, section 3015 of the language, proposed by the Senate, earmark- ity for the community to pursue economic Senate passed version of H.R. 3019, which ing specific funds for Devils Lake, ND nor to and infrastructure development projects that would have incorporated the Greens Creek report language earmarking funds for other employ displaced timber workers. This fund Land Exchange Act of 1996 into this Act. locations. The Service should carefully con- is intended to be an interim measure until This legislation was signed into law (Public sider the needs at Devils Lake, ND and at while uncertainties with the available tim- Law 104–123) on April 1, 1996. Kenai, AK as it allocates funds. ber supply are resolved and a timber econ- NATIONAL PARK SERVICE omy revitalized. The managers encourage DEPARTMENT OF THE INTERIOR AND CONSTRUCTION the affected communities to develop com- RELATED AGENCIES prehensive plans for how they intend to Agency Priorities. The managers have not An additional $47,000,000 in emergency sup- spend these funds. agreed to statutory language, proposed by plemental appropriations for Construction is The managers strongly urge the Adminis- the Senate in section 1203 of Title II, chapter made available as proposed by the Senate in- tration to comply with the requirement of 12, which would have mandated the alloca- stead of $33,601,000 as proposed by the House. the Tongass Timber Reform Act to meet tion of emergency supplemental funds based Of this amount, $13,399,000 is contingent upon ‘‘market demand’’ for timber sales on the on agency prioritization processes. The man- receipt of a budget request that includes a Tongass. The President may nevertheless agers understand that the initial estimates Presidential designation of such amount as choose to suspend this section. of emergency requirements that have been an emergency requirement as defined in the The managers agree that the availability provided are based on very preliminary infor- Balanced Budget and Emergency Deficit of funds from this new disaster assistance mation and that those initial estimates, be- Control Act of 1985, as amended. fund is contingent upon the President exe- cause of time constraints, may not have in- UNITED STATES GEOLOGICAL SURVEY cuting the waiver authority. In the event cluded every project which needs to be ad- SURVEYS, INVESTIGATIONS, AND RESEARCH legislation is enacted in the future that in- dressed. The managers expect each agency to An additional $2,000,000 in emergency sup- creases the timber sales program to meet develop on-the-ground estimates of all its plemental appropriations for Surveys, Inves- market demand on the Tongass National natural disaster related needs and to address tigations, and Research is made available as Forest, it would be the expectation of the these needs consistent with agency prior- proposed by the Senate instead of $1,176,000 managers that these funds would be no ities. as proposed by the House. Of this amount, Contingent Appropriations. The availability longer available. $824,000 is contingent upon receipt of a budg- of those portions of the appropriations de- Travel. The managers have not agreed to et request that includes a Presidential des- tailed in this chapter that are in excess of place a statutory limit on the use of travel ignation of such amount as an emergency re- the Administration’s budget request for funds as proposed by the House. The man- quirement as defined in the Balanced Budget emergency supplemental appropriations are agers expect each agency under the jurisdic- and Emergency Deficit Control Act of 1985, contingent upon receipt of a budget request tion of the Interior and Related Agencies bill as amended. to monitor carefully travel expenses and to that includes a Presidential designation of BUREAU OF INDIAN AFFAIRS avoid non-essential travel. such amount as emergency requirements as Section 336. Inserts new language placing a defined in the Balanced Budget and Emer- OPERATION OF INDIAN PROGRAMS moratorium on the issuance of a final rule- gency Deficit Control Act of 1985, as amend- An additional $500,000 in emergency supple- making on jurisdiction, management and ed. mental appropriations for the Operation of April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4197 Indian Programs is made available as pro- None of the appropriations provided herein sion of outplacement services to Federal em- posed by the House and by the Senate. are contingent upon any subsequent actions ployees seeking employment in the private CONSTRUCTION by the Congress or the President. sector. The Departments of Labor, Health and The conferees have included funds to con- An additional $16,500,000 in emergency sup- Human Services and Education and Related tinue the National Occupational Information plemental appropriations for Construction is Agencies Appropriations Act, Fiscal Year Coordinating Committee (NOICC) and its af- made available as proposed by the Senate in- 1996, put in place by this bill, incorporates filiated State committees during the antici- stead of $9,428,000 as proposed by the House. the following agreements of the managers: pated transition to a new administrative Of this amount, $7,072,000 is contingent upon structure proposed in pending authorizing receipt of a budget request that includes a TITLE I—DEPARTMENT OF LABOR legislation and urge that the Departments of Presidential designation of such amount as EMPLOYMENT AND TRAINING ADMINISTRATION Labor and Education rely on NOICC advice an emergency requirement as defined in the TRAINING AND EMPLOYMENT SERVICES and personnel during this transition. Balanced Budget and Emergency Deficit The conference agreement includes The conference agreement for the Job Control Act of 1985, as amended. $4,146,278,000, instead of $3,108,978,000 as pro- Training Partnership Act pilots and dem- TERRITORIAL AND INTERNATIONAL AFFAIRS posed by the House and $4,322,278,000 as pro- onstrations maintains the current level for posed by the Senate. The agreement includes ASSISTANCE TO TERRITORIES the Microenterprise Grants program and the $625,000,000 for the summer youth employ- An additional $13,000,000 in emergency sup- American Samoan employment and training ment program, instead of $635,000,000 as pro- program, and includes the level rec- plemental appropriations for Assistance to posed by the Senate and no funding as pro- Territories is made available as proposed by ommended in the Senate report accompany- posed by the House. ing H.R. 2127 for an industrial employment the Senate instead of $2,000,000 as proposed The conference recognizes that in many program for the disabled. by the House. Of this amount, $11,000,000 is high unemployment and high poverty areas, contingent upon receipt of a budget request the number of low-income youth seeking COMMUNITY SERVICE EMPLOYMENT FOR OLDER that includes a Presidential designation of summer employment far exceeds the number AMERICANS such amount as an emergency requirement of job opportunities. The conference also rec- The conference agreement includes as defined in the Balanced Budget and Emer- ognizes, however, that the current federally- $373,000,000, instead of $350,000,000 as proposed gency Deficit Control Act of 1985, as amend- funded summer jobs program has not lived by both the House and the Senate. The ed. up to its potential for providing meaningful agreement earmarks 22 percent of the funds DEPARTMENT OF AGRICULTURE work experience and teaching solid job skills for the States and 78 percent for national contractors as proposed by the Senate, in- FOREST SERVICE to such youth. The conference is also aware that the relevant authorizing committees stead of 35 percent for the States and 65 per- NATIONAL FOREST SYSTEM are developing job training reform legisla- cent for the contractors as proposed by the An additional $26,600,000 in emergency sup- tion to consolidate over 90 separate pro- House. plemental appropriations for the National grams and to block grant funds and author- STATE UNEMPLOYMENT INSURANCE AND Forest System is made available as proposed ity to States and localities. The conference, EMPLOYMENT SERVICE OPERATIONS by the Senate instead of $20,000,000 as pro- therefore, considers funds for the fiscal year The conference agreement includes posed by the House. Of this amount $6,600,000 1996 summer jobs program to be transition $110,000,000 for the one-stop career centers is contingent upon receipt of a budget re- funding—in future years to be folded into the program as proposed by the Senate, instead quest that includes a Presidential designa- new consolidated block grants for at-risk of $92,000,000 as proposed by the House. tion of such amount as an emergency re- youth. Governors and localities will have quirement as defined in the Balanced Budget considerable flexibility to use these funds in PAYMENTS TO THE UNEMPLOYMENT TRUST FUND and Emergency Deficit Control Act of 1985, subsequent years to develop meaningful pro- AND OTHER FUNDS as amended. grams for at-risk youth that teach young- (RESCISSION) The managers have not agreed to bill lan- sters job skills in demand and sound work The conference agreement rescinds guage, proposed by the Senate, earmarking habits; that are closely linked to the needs $266,000,000 from this account as proposed by specific funds for the Amalgamated Mill site of employers; and that offer integrated work the Senate, instead of $250,000,000 as proposed in the Willamette National Forest, OR. The and academic learning opportunities to by the House. Service should carefully consider the needs youth who demonstrate a willingness to EMPLOYMENT STANDARDS ADMINISTRATION at this site as it allocates funds. learn and responsible behavior. SALARIES AND EXPENSES CONSTRUCTION The agreement includes an amount of The conference agreement includes An additional $60,800,000 in emergency sup- $2,500,000 for the fiscal year 1996 Paralympic Games, instead of $5,000,000 as proposed in $266,644,000, instead of $255,734,000 as proposed plemental appropriations for Construction is by the House and the Senate. made available as proposed by the Senate in- the House and Senate bills. These funds will OCCUPATIONAL SAFETY AND HEALTH stead of $60,000,000 as proposed by the House. be used by the organizer of the games for the ADMINISTRATION Of this amount, $20,800,000 is contingent upon following activities prior to, during, and im- receipt of a budget request that includes a mediately following the games: (1) training SALARIES AND EXPENSES Presidential designation of such amount as and employment costs of volunteers working The conference agreement includes an emergency requirement as defined in the in the games; (2) training and staff costs for $304,984,000, instead of $280,000,000 as proposed Balanced Budget and Emergency Deficit the days of the games; (3) training and travel by the House and $288,985,000 as proposed by Control Act of 1985, as amended. for officials of the games. The grantee shall the Senate. provide such information as shall be required APPROPRIATIONS FOR THE DEPARTMENTS OF It is the intent of the conferees that the by the Department of Labor, including a de- Occupational Safety and Health Administra- LABOR, HEALTH AND HUMAN SERVICES AND tailed statement of work and budget, and fi- EDUCATION AND RELATED AGENCIES tion give high priority to effective voluntary nancial reports providing a breakout of the cooperative efforts such as the Voluntary Section 101(d) of H.R. 3019 provides appro- costs of the activities performed under the Protection Program. priations for programs, projects and activi- grant. The conferees have also provided fund- DEPARTMENTAL MANAGEMENT ties in the Departments of Labor, Health and ing for the Paralympic Games in the Depart- Human Services and Education and Related ment of Education and in the Social Secu- SALARIES AND EXPENSES Agencies Appropriations Act, 1996. In imple- rity Administration. The conference agreement includes menting this agreement, the departments The agreement includes language to per- $141,350,000, instead of $136,300,000 as proposed and agencies should comply with the lan- mit service delivery areas to transfer funds by the House and $140,380,000 as proposed by guage and instructions set forth in House re- between titles II–B and II–C of the Job Train- the Senate. Additional funding is provided to port 104–209 and Senate reports 104–145 and ing Partnership Act, with the approval of the avoid lengthy staff furloughs in the Benefits 104–236. In those cases where this language Governor of the State. The House and Senate Review Board. and instruction specifically addresses the al- bills only permitted the transfer to take The conferees have provided $8,900,000 for location of funds which parallels the funding place from title II–C to title II–B. In addi- the Bureau of International Labor Affairs. levels specified in the Congressional budget tion, the agreement permits the transfer of This amount includes full funding for activi- justifications accompanying the fiscal year funds between title II–A and title III of the ties to combat international child labor 1996 budget or the underlying authorizing Act as proposed by the Senate, instead of problems as outlined in the Senate report on statute, the conferees concur with those rec- permitting the transfer of funds between all H.R. 2127. ommendations. With respect to the provi- title II programs and title III as proposed by The conferees understand that there is sions in the above House and Senate reports the House. some question concerning the funding level that specifically allocate funds that are not It is the intent of the conferees that in for ILAB needed to avoid personnel fur- allocated by formula in the underlying stat- committing National Reserve account funds loughs. The conferees reiterate that they ute or identified in the budget justifications, appropriated under title III of the Job Train- have provided transfer authority to the Sec- the conferees have reviewed each and have ing Partnership Act, the Secretary of Labor retary to deal with such exigencies and en- included those in which they concur in this encourage Governors to contract, where pos- courage him to propose reprogramming of joint statement. sible, with the private sector for the provi- funds if necessary to avoid furloughs. H4198 CONGRESSIONAL RECORD — HOUSE April 30, 1996 In addition, the agreement includes lan- TITLE II—DEPARTMENT OF HEALTH AND The conferees include $20,000,000 for health guage proposed by the Senate to restrict cer- HUMAN SERVICES care facilities grants, of which $10,000,000 is tain activities of the Office of the Solicitor HEALTH RESOURCES AND SERVICES designated for the facility requested in the and the Benefits Review Board with respect ADMINISTRATION President’s fiscal year 1996 budget, and to cases under the Longshore and Harbor HEALTH RESOURCES AND SERVICES $10,000,000 is designated for items identified Workers’ Compensation Act. The language in the Senate report accompanying the The conference agreement appropriates provides that if the Board, prior to Septem- $3,077,857,000 instead of $3,052,752,000 as pro- amendment to H.R. 3019 pertaining to oral ber 12, 1996, fails to act on any Longshore de- posed by the House and $2,954,864,000 in regu- health care and health care for disadvan- cision that has been appealed to it and has lar funding and $55,256,000 in contingency taged women. Also included as part of this been pending before it for more than 12 funding as proposed by the Senate. second $10,000,000 is funding to improve rural months, the decision shall be considered af- The conference agreement includes the health care access. firmed by the Board on that date and shall legal citation for the Native Hawaiian CENTERS FOR DISEASE CONTROL AND be considered the final order of the Board for Health Care program as proposed by the Sen- PREVENTION purposes of obtaining a review in the U.S. ate. The House bill did not include the cita- DISEASE CONTROL, RESEARCH, AND TRAINING Courts of Appeal. Further, beginning on Sep- tion. The conferees have increased funding (RESCISSION) tember 13, 1996, the Board shall decide all ap- for the consolidated health centers line so Full year funding for the Centers for Dis- peals under the Longshore Act not later than that health care activities funded under the ease Control and Prevention (CDC) was pro- one year after the appeal was filed; if the Native Hawaiian Health Care program can be vided in P.L. 104–91, the continuing resolu- Board fails to do so, then the decision shall supported under the broader health centers be considered the final order of the Board for tion enacted January 6, 1996. line if the agency feels it is appropriate. The conference agreement includes lan- purposes of obtaining a review in the U.S. The conference agreement includes an ad- guage as proposed by the House rescinding Courts of Appeal. The petitioner has the op- ditional $62,700,000 over fiscal year 1995 for obligated, but unexpended, balances from tion to continue the proceeding before the title II of the Ryan White AIDS CARE Act Board for a period of 60 days; if no decision for a total funding level of $260,847,000. The grants to States in fiscal years 1993, 1994, and is made during that time, the decision shall House bill included an increase of $52,000,000 1995 for immunization activities. The agree- be considered the final order of the Board for over the fiscal year 1995 level. The Senate ment includes language as proposed by the purposes of obtaining a review in the U.S. amendment provided the additional House providing authority to transfer funds Courts of Appeals. The House bill had no $52,000,000 but as part of its contingent fund- available from the sale of surplus vaccine similar provision. The language is not appli- ing section. The conference agreement incor- from the vaccine stockpile to other activi- cable to the review of any decisions under porates bill language in the Senate amend- ties within the jurisdiction of the agency, the Black Lung Benefits Act. ment that would make clear that the with prompt notification of Congress of any The conferees intend that, to the extent $52,000,000 is to be used for the AIDS drug as- transfer. These two provisions were included possible, funding for technical assistance and sistance portion of title II and distributed in nearly identical form in sections 209 and training for local displaced homemaker pro- according to the current formula. The con- 211 of the Senate amendment. The con- grams should not be reduced by more than ference agreement also identifies in bill lan- ference agreement incorporates one tech- the overall percentage reduction for the guage the amounts appropriated for titles I nical citation change on the second provision Women’s Bureau. and II of the Ryan White AIDS CARE Act as contained in the Senate amendment. The conferees support the ongoing efforts provided in the House bill. The conferees are agreed that funding for to rid the International Brotherhood of The conference agreement does not include the research and training activities of the Teamsters of organized crime influence pur- $3,256,000 in contingency funding for the Na- National Institute for Occupational Safety suant to the consent decree. Consistent with tional Health Service Corps (NHSC) as pro- and Health has been provided on a consoli- direction provided in both the House and posed by the Senate. The conference agree- dated basis as proposed by the Senate. The Senate committee reports on the fiscal year ment provides $115,745,000 in non-contingent table printed in the CONGRESSIONAL RECORD 1996 appropriations bill, the conferees pro- funding. The House bill did not include con- accompanying H.R. 3019 as passed by the vide that up to $5,600,000 of the amounts tingent funding for NHSC. House had allocated funds separately for re- available for obligation to the Department of The conference agreement includes lan- search and training activities. Labor during fiscal year 1996 may be allo- guage as proposed by the House limiting new The conferees are supportive of CDC pro- cated for this purpose, subject to normal re- cities entering the title I Ryan White pro- ceeding with a school-based immunization programming requirements of the commit- gram to those permitted in the pending reau- demonstration program to carry forward the tees. thorization bill. The Senate amendment had recommendations of the Advisory Commit- The conferees have agreed to include a no similar provision. tee on Immunization Practices for early ado- fund transfer provision (section 103) to give The conference agreement includes lan- lescents, to the extent this is possible using the Department more flexibility in manag- guage holding the formula grant funding for available funds, including section 317 carry- ing its appropriations. However, the continu- current title I grantees under the Ryan over funds. The conferees are aware of the benefits of ation of this provision in the future will de- White AIDS CARE Act to no less than 99 per- community health promotion programs that pend on the Department’s achieving and cent of their fiscal year 1995 funding level by control the spread of infectious diseases, re- maintaining audited financial statements in reallocating supplemental grant funds. The duce chronic disease, and lower risk factors accordance with the Chief Financial Officers Senate amendment included a hold harmless and encourage the Director to support ac- Act of 1990 and Office of Management and provision assuring 100 percent of the fiscal tivities to evaluate innovative health infor- Budget Bulletin No. 93–06. year 1995 funding level in fiscal year 1996 for current title I grantees. The House bill had mation dissemination programs for the de- GENERAL PROVISIONS no comparable provision. velopment of models for public outreach and The conference agreement includes a gen- The conference agreement deletes lan- professional development. eral provision proposed by the House modi- guage proposed in the Senate amendment The conferees intend that as CDC applies fied to set aside section 427(c) of the Job and last year’s bill identifying funding for the $31,000,000 administrative reduction that Training Partnership Act in cases where a Area Health Education Centers and over- was included in P.L. 104–91 providing full Job Corps center does not meet national per- riding set-asides in the authorizing statute year funding for the agency that equipment formance standards established by the Sec- pertaining to the types of centers that may expenditures be included in the definition of retary. The Senate bill had no similar provi- be funded. The house bill had no comparable administrative expenses. sion. Section 427(c) prohibits the Department provision. The conferees understand that The conferees confirm their understanding of Labor from contracting with a private this language is no longer necessary. that the National Immunization Survey will contractor to operate a Job Corps civilian The conference agreement modifies a tech- be continued in fiscal year 1996. conservation center. nical legal citation contained in both the NATIONAL INSTITUTES OF HEALTH The conference agreement includes a gen- House bill and Senate amendment pertaining The National Institutes of Health (NIH) eral provision as proposed by the Senate to the Federal Tort Claims Act. were funded for the full year in P.L. 104–91, modified to prohibit the Occupational Safety The conferees intend that the agency may the continuing resolution enacted January 6, and Health Administration and the State use up to $3,000,000 of the funding provided 1996. programs that operate with Federal funds for the National Health Service Corps for The conferees have specifically endorsed from promulgating or issuing any proposed State offices of rural health. the following initiatives mentioned in the or final standard or guideline with respect to The conferees strongly believe that the Senate report: ergonomic protection but permits the agency family planning program should be formally (a) The neurodegenerative disorders initia- to conduct any peer-reviewed risk assess- administered, as well as funded, in the tive within the Office of the Director; ment activity regarding ergonomics. The Health Resources and Services Administra- (b) The Office of Rare Disease Research House bill would have also prohibited the de- tion as a separate program within the Office program; velopment of any standard or guideline and of the Administrator, but have chosen to (c) The Institutional Development Award the recording and reporting of any occupa- leave the decision regarding administration Program (IDeA) grant program; and tional injuries and illnesses related to to the Secretary and have not mandated the (d) The Office of Dietary Supplements pro- ergonomic protection. transfer. gram. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4199

Of the $20,000,000 provided within the Na- SUBSTANCE ABUSE AND MENTAL HEALTH processing systems designed to detect abu- tional Center for Research Resources for ex- SERVICES ADMINISTRATION sive Medicare billings. tramural facility construction, the conferees The conference report provides The conferees encourage the Health Care intend that $2,500,000 be reserved for con- $1,883,715,000 for the Substance Abuse and Financing Administration to conduct a dem- struction and renovation projects at quali- Mental Health Services Administration, of onstration program to evaluate whether car- fied regional primate centers. which $275,420,000 is provided for the mental diac case management of patients suffering The conferees are very supportive of the ef- health block grant, and $1,234,107,000 is pro- from congestive heart failure would increase forts of the National Institute on Aging to vided for the substance abuse block grant. the quality of care delivered and patient sat- enhance research on Alzheimer’s disease and The agreement also funds consolidated sub- isfaction, as well as deliver such care in a urge the Institute to consider it a top prior- stance abuse treatment and substance abuse more cost effective manner than current ity. The conferees understand that promising prevention demonstration programs at practice. research opportunities in the neuroscience of $90,000,000 each. The House bill included The conferees specifically endorse the fol- Alzheimer’s disease exist, including research $1,883,715,000 and the Senate bill included lowing: (a) No funds may be used for implementa- on the formation and maintenance of synap- $1,800,469,000. tion of the Medicare/Medicaid data bank as ses, the mechanisms of beta-amyloid forma- The conferees understand that SAMHSA mentioned in the House report; tion, and the biochemical action mecha- has undertaken an agency reorganization to (b) HCFA is encouraged to give full and nisms of drugs used in the treatment of Alz- streamline administrative functions. In addi- fair consideration to a proposal to develop a heimer’s disease. The Institute is strongly tion, the agency will begin implementation comprehensive health care information man- encouraged to focus additional attention on of new knowledge development and applica- agement system that would link patient care these promising areas, including consider- tion (KDA) grants in fiscal year 1996. The data across the full range of health care as ation of expanding the number of Alz- conferees continue to encourage SAMHSA to mentioned in the Senate report. heimer’s Disease research centers. focus on evaluation and reporting of out- ADMINISTRATION FOR CHILDREN AND FAMILIES The conferees are supportive of expanding comes for activities funded under the block alternative resources to the use of animals, grants, demonstrations and KDAs. The con- LOW INCOME HOME ENERGY ASSISTANCE particularly through ensuring regular access ferees understand that KDA grants will gen- PROGRAM to human tissues and organs. The conferees erally fund applied research and evaluation, (INCLUDING RESCISSION) recommend that the Director of NIH give not services. The agreement specifically di- The conference agreement provides a re- consideration to establishing a multi-Insti- rects that any KDA grant include a plan to scission of $100,000,000 in previously appro- tute initiative to support an expanded measure and publicly report outcomes relat- priated 1996 funding as recommended in the human tissue resource and ensure that the ing to the grantee’s stated goals and, where House and Senate bills. Total fiscal year 1996 needs of the scientific community can be relevant, the incidence of substance abuse funding for the Low Income Home Energy served. among individuals studied. The conferees Assistance Program (LIHEAP) is $900,000,000. strongly encourage SAMHSA to aggressively The conferees are agreed that sufficient The conferees intend that up to $22,500,000 of and effectively disseminate the results of funds have been provided within the Office of the amounts provided for LIHEAP for fiscal KDA grants and to integrate these results the Director to provide core support for the year 1996 be used for the leveraging incentive into services funded in whole or in part by National Bioethics Advisory Commission. fund. The conference agreement provides the Federal block grants as well as non-fed- $300,000,000 for the contingency fund for fis- The conferees intend NIH to hold adminis- erally funded substance abuse and mental cal year 1997, instead of providing that trative costs within the research manage- health services. In determining the alloca- amount for fiscal year 1996 as proposed by ment and support category to 7.5 percent tion of funding to existing substance abuse the Senate. The agreement also extends the below fiscal year 1995 levels (with an addi- demonstration projects, the conferees en- availability for another year of any funds re- tional 2.5 percent reduction to congressional courage the agency to give full consideration maining unobligated in the contingency fund and public affairs functions) as indicated in to those projects which impact pregnant at the end of fiscal year 1996. Finally, the the House report on H.R. 2127. However, the women and children. agreement does not provide advance fiscal conferees do not intend that public edu- The conferees recommend that in awarding year 1997 funding for the LIHEAP program, cation programs that are placed within the KDA grants to eligible grantees the Sec- the same as the House bill and $1,000,000,000 research management and support budget of retary give priority to the development of less than the Senate bill. Funding for FY some Institutes be considered part of the knowledge and specific interventions that 1997 will be considered as part of the regular cost pool to be reduced. improve the quality and access to services in fiscal year 1997 appropriations bill. The conferees request NIH to expeditiously areas where there is a high incidence of sub- REFUGEE AND ENTRANT ASSISTANCE complete review of its intramural primate stance abuse and mental illness coupled with The conference agreement provides facilities and promptly begin the surplusing other contributing conditions such as high $402,172,000 for Refugee and Entrant Assist- of those facilities NIH deems to be excess rates of co-morbidities, particularly HIV in- ance programs, instead of $397,872,000 as pro- property. fection, long waiting lists for treatment, or posed in both the House and Senate bills. homelessness. Public Law 104–91, which provided full year The agreement includes $55,397,000 for the funding for the National Institutes of AGENCY FOR HEALTH CARE POLICY AND Targeted Assistance program, an increase of Health, includes $26,598,000 for the Office of RESEARCH $4,300,000 above the amount provided in the AIDS Research (OAR), including $10,000,000 HEALTH CARE POLICY AND RESEARCH House and Senate bills and the same amount for the Director’s emergency discretionary The conference agreement provides a total provided in fiscal year 1995. The conferees ex- fund authorized by section 2356 of the Public funding level of $125,310,000 as proposed by pect that domestic health assessment activi- Health Service Act. Funding for AIDS re- the House instead of $128,470,000 as proposed ties within the preventive health program search for fiscal year 1996 was provided in by the Senate. Of this amount, $65,186,000 is will be administered in accordance with the the manner set forth in H.R. 2127 as passed provided in Federal funds and $60,124,000 is decisions of the Secretary of Health & by the House, which provided appropriations provided through one percent evaluation Human Services and direct the Department to each Institute including funding for AIDS. funding. The House bill provided $94,186,000 to notify the Appropriations Committee of The bill as reported in the Senate had appro- in Federal funds and $31,124,000 in one per- such decisions in a timely manner. The con- priated funds for AIDS research to the Office cent funding, while the Senate amendment ferees agree to the allocation of targeted as- of AIDS Research, as had been done in fiscal provided $65,390,000 in Federal funds and sistance contained in the House Report 104– year 1995. The conferees are agreed that the $63,080,000 in one percent evaluation funding. 209. fiscal year 1996 funding structure for AIDS research activities of the NIH is not a prece- HEALTH CARE FINANCING ADMINISTRATION SOCIAL SERVICES BLOCK GRANT dent for the allocation of AIDS research PROGRAM MANAGEMENT The conference agreement provides a man- funding for fiscal year 1997. The conferees The conference agreement makes available datory appropriation for the Social Services continue to strongly support the critical $1,734,810,000 as proposed by the House in- Block Grant of $2,381,000,000. The House bill work of the Director of the OAR to coordi- stead of $2,111,406,000 as proposed by the Sen- provided $2,520,000,000, and the Senate bill nate the scientific, budgetary, legislative, ate and provides an additional $396,000,000 provided $2,310,000,000. and policy elements of the NIH AIDS re- within title VI of the bill for payment safe- CHILDREN AND FAMILIES SERVICES PROGRAM search program and agree that the funding guard activities, providing total program The conference agreement includes structure for AIDS research in fiscal year management funding of $2,130,810,000. The $4,788,364,000, instead of $4,715,580,000 as pro- 1996 should not diminish this important re- Senate amendment had no comparable title posed by the House and $4,743,604,000 as pro- sponsibility. The conferees note that section VI provision. The funding in title VI would posed by the Senate. 212, providing 3 percent transfer authority be canceled if there is a subsequent appro- The conferees agree with language in Sen- within the total identified by the NIH for priation enacted for Medicare contractors in ate report 104–145 which would allocate AIDS research, enhances the Director’s au- an authorizing bill. $1,500,000 under the developmental disabil- thority to ensure that AIDS research sup- The conferees strongly encourage Medicare ities program for the fifth year of a 5-year ported by the NIH is carried out in accord- contractors to promptly purchase and utilize demonstration project known as transition ance with the AIDS research plan. commercially available automated data and natural supports in the workplace. H4200 CONGRESSIONAL RECORD — HOUSE April 30, 1996 It has come to the attention of the con- Health from funds available to the Depart- were included under a CDC heading in the ferees that eligible Community Development ment to carry out development and imple- House bill, which is reflected in the con- Corporations serving remote rural areas mentation of the national women’s health ference agreement. have encountered difficulty in meeting some clearinghouse. (TRANSFER OF FUNDS) of the criteria for competing for Community Sufficient funds have been included by the Economic Development (CED) grants. The conferees for the continuation of the existing The conference agreement includes a gen- conferees strongly urge the Office of Commu- human services transportation technical as- eral provisions as proposed by the House nity Services to adjust the criteria used in sistance program at the fiscal year 1995 fund- that would authorize the Department of evaluating applications to take into account ing level. Health and Human Services to transfer up to the unique aspects of job creation in remote The agreement does not include a legal ci- one percent of funds in any appropriation ac- rural areas, particularly as they relate to tation for the National Vaccine program as count to any other account in the Depart- cost per job requirements. proposed by the Senate. The House bill in- ment, provided that the receiving account is With respect to Head Start, the conference cluded no citation. No funding is provided not increased by more than three percent agreement does not include $250,000 proposed within this account for this program. thereby and that the Appropriations Com- in Senate report 104–145 to continue a dem- The agreement includes a House provision mittees are notified at least 15 days in ad- onstration program to train head Start identifying $7,500,000 for extramural con- vance of any transfer. The Senate had no teachers in scientific principles. No funds struction within the Office of Minority similar provision. were included for the program in the House Health. The Senate bill did not include this The conferees have agreed to include this bill. provision. transfer provision to give the Department more flexibility in managing its appropria- With respect to the transitional living pro- OFFICE OF INSPECTOR GENERAL gram for runaway and homeless youth, the tions. However, the continuation of this pro- conferees are agreed that the increase pro- The conference agreement includes total vision in the future will depend on the De- vided over the fiscal year 1995 amount shall funding for the Office of Inspector General of partment’s achieving and maintaining au- be for nine grantees whose grants expired in $79,162,000 as proposed by the Senate instead dited financial statements in accordance September, 1995 and who were unable to com- of $73,956,000 as proposed by the House. Of the with the Chief Financial Officers Act of 1990 pete for fiscal year 1996 grants because of a total amount, $43,000,000 is provided in title and Office of Management and Budget Bul- departmental administrative oversight. VI of the Labor-HHS-Education Appropria- letin No. 93–06. tions Act as proposed by the House, and the The conference agreement includes an ear- (TRANSFER OF FUNDS) balance of the funds are provided in this ac- mark of $435,463,000 for the Community Serv- The conference agreement includes lan- ices Block Grant Act as proposed by the Sen- count. The agreement includes language proposed guage permitting the Director of the Na- ate. The House had earmarked the same tional Institutes of Health jointly with the amount in a different manner. by the Senate, not included by the House, which would allow the Inspector General to Director of the Office of AIDS Research to ADMINISTRATION ON AGING expend funds transferred to it by the Depart- transfer up to 3 percent among the Insti- AGING SERVICES PROGRAMS ments of Justice or Treasury or the Postal tutes, Centers, and the National Library of The conference agreement includes Service as a result of asset forfeitures. The Medicine from the total identified in their $829,393,000, instead of $801,232,000 as proposed forfeitures would be from investigations in apportionment for AIDS research. The trans- by the House and $831,027,000 as proposed by which the IG participated. fer must take place within 30 days of enact- the Senate. ment of the Act and Congress is to be PUBLIC HEALTH AND SOCIAL SERVICES The agreement eliminates as separate line promptly notified. The House bill and the EMERGENCY FUND items the ombudsman program and the pre- Senate amendment had similar provisions. vention of elder abuse program. Funds for The conference agreement includes The conference agreement includes a pro- these programs are earmarked in the bill $9,000,000 for the Emergency Fund as pro- vision in the House bill permitting the Na- within the supportive services and centers posed by the Senate. The House bill included tional Library of Medicine at the National line time and the fiscal year 1995 level. no provision for this. Institutes of Health to enter into personal The agreement includes a legislative provi- With respect to the $2,000,000 identified for services contracts. The Senate amendment sion as proposed by the Senate that would the implementation of clinical trails related had no similar provision. prevent any State from having its adminis- to the early detection of breast cancer, the The conference agreement deletes without trative costs under title III of the Older conferees are agreed that those departmental prejudice a general provision proposed by the Americans Act reduced by more than five agencies and institutes with substantial ex- Senate that would deem an AFDC waiver percent below the fiscal year 1995 level. The perience and expertise in these matters must submitted by the State of Texas under sec- House had no similar provision. be directly involved in the administration of tion 1115 of the Social Security Act approved The conference agreement includes three this effort. upon the date of enactment of this Act, not- specific funding levels identified in Senate GENERAL PROVISIONS withstanding the Secretary’s authority to report 104–145 with respect to the aging re- The conference agreement includes a limi- approve the application. The House had no search program. tation in the House bill which prohibits the similar provision. OFFICE OF THE SECRETARY use of funds for a statutory set-aside ear- The conference agreement includes a pro- GENERAL DEPARTMENTAL MANAGEMENT marking the first $5,000,000 of any funds ap- vision in the Senate amendment requiring The conference agreement includes propriated for NIH extramural facility con- the Secretary of Health and Human Services $146,127,000, instead of $143,127,000 as proposed struction for primate centers. Instead, the to reimburse Medicaid claims for State-oper- by the House and $137,127,000 as proposed by conferees have reserved $2,500,000 of the NIH ated psychiatric hospitals between December the Senate. funds provided for extramural construction 31, 1993 and December 31, 1995 that the Sec- The conferees have included an additional for primate centers. The Senate amendment retary would otherwise intend to defer for $2,000,000 for the Office of the Secretary of had no similar provision. reimbursement. The provision caps the total the Department of Health and Human Serv- The conference agreement includes a pro- amount of claims that could be reimbursed ices. The conferees intend that none of these vision limiting the amount of one percent at $54,000,000. The conferees added a provi- additional funds shall be available to the Of- evaluation set-aside funding that can be sion establishing a new Medicaid matching fice of Intergovernmental Affairs, the imme- tapped from the Public Health Service agen- formula for a State highly affected by dis- diate office of the Assistant Secretary for cies to amounts identified in the conference proportionate share hospital payments, ef- Health, the Office of the Assistant Secretary report prior to a report to Congress. The fective for State fiscal years 1996–97 and 1997– for Legislation or the Office of the Assistant agreement also includes language prohibit- 1997. The house bill had no similar provi- Secretary for Public Affairs. The Secretary ing other taps and assessments unless re- sions. is requested to notify the Appropriations ported to Congress. The House bill and the The conferees are aware of a number of Committees of any employees detailed into Senate amendment had similar language for outstanding Medicaid issues which could not these offices. The conferees commend the the first provision; the House bill included be addressed in this bill. Of particular con- Secretary for the recent reorganization of languages similar to the second provision. cern is the 100 percent cap on funding for her office and her decision to replace the Of- The conference agreement includes a gen- public hospitals as well as the dilemma faced fice of the Assistant Secretary for Health eral provision as proposed by the House that by several States that have included a modi- with a smaller office which would serve as prohibits the funding of the Federal Council fied Federal matching payment in their fis- the senior advisor for health policy. The con- on Aging and the Advisory Board on Child cal year 1997 budgets, reflecting the effort ferees direct that the Secretary provide the Abuse and Neglect. The Senate had no simi- made by the Congress in Medicaid Reform to Appropriations Committees with the esti- lar provision. address the current inequity faced by States mated funding levels and FTE levels for each The conference agreement deletes lan- with rates between 40 and 50 percent. The of the individual offices for fiscal year 1996 guage included in the Senate amendment conferees understand the difficulties that funded from this account as soon as possible pertaining to a rescission of Centers for Dis- may State Medicaid programs are experienc- after enactment of this bill. ease Control and Prevention (CDC) funding ing, and urge that these important matters The conferees are agreed that funds are to and a reallocation of funds in the agency’s be addressed expeditiously by the authoriz- be made available to the Office of Women’s vaccine stockpile surplus. These provisions ing committees. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4201 TITLE III—DEPARTMENT OF EDUCATION fiscal year 1997 funding, it is the intent of both the House and Senate bills. This fund- EDUCATION REFORM the conferees to provide all funding for title ing level, the same as in fiscal year 1995, pro- The conference agreement includes I for the 1997–98 school year through the ap- vides for $440,981,000 for State Grants and $530,000,000 for Education Reform programs. propriation of fiscal year 1997 funds in the $25,000,000 for National Programs. Included in this amount is $350,000,000 for the fiscal year 1997 Labor, Health and Human BILINGUAL AND IMMIGRANT EDUCATION Services, and Education and Related Agen- Goals 2000: Educate America Act and lan- The conference agreement provides cies bill. The conferees intend that the com- guage, proposed by the House, which pro- $178,000,000 for Bilingual and Immigrant Edu- mittee work to adjust the fiscal year 1997 hibits the use of funds for Goals 2000 national cation instead of the $150,000,000 provided in 602(b) allocations such that title I can be re- programs. Also included is $180,000,000 for the House and Senate bills. school-to-work programs. The House bill pro- turned to a normal appropriations and obli- The conferees provided no funding for sup- vided $484,500,000 for Education Reform ac- gation pattern. port services or professional development ac- The conference agreement provides that up tivities, including a contingent appropria- tivities given their belief that funds should to $3,500,000 of title I funds be made available tion of $389,500,000. The Senate amendment be focused on the education of students and to the Secretary to obtain local-education- provided $536,000,000 and included $151,000,000 the other funding sources available to the agency level census poverty data from the in fiscal year 1997 funding. Secretary to fund these activities. However, Bureau of the Census. The conference agreement amends the if the Secretary feels that funding these ac- The agreement does not include provisions, Goals 2000: Educate America Act. Specifi- tivities within this account is justified, the included in the House bill, which would have cally, the agreement includes language in two Committees will consider a reprogram- overridden the provisions of title I regarding title VII of the bill which: ming request for the Department. minimum State grants and language which Permits school districts, in States that SPECIAL EDUCATION elect not to participate in the Goals 2000 pro- would have eliminated a State option to re- gram, to apply directly to the Secretary of serve a portion of their title I funds for The conference agreement includes Education for Goals 2000 funding, if the State school improvement activities. $3,245,447,000 for special education programs, the same amount recommended by both the education agency approves; IMPACT AID Eliminates the requirement that States House and Senate bills. The conference agreement provides The conferees have also modified a provi- submit their improvement plans to the Sec- $693,000,000 for the Impact Aid program, the retary of Education for approval; sion proposed by the Senate to enable the same as the House bill and an increase of Republic of the Marshall Islands, the Fed- Deletes the requirement for the composi- $1,841,000 over the Senate amount of tion of State and local panels that develop erated States of Micronesia, and the Repub- $691.159,000. In combination with the lic of Palau to be eligible to receive both for- State and local improvement plans; $35,000,000 provided for Impact Aid in P.L. Eliminates the National Education Stand- mula and discretionary grants. The agree- 104–61, this appropriation provides a total of ment also includes language proposed by the ards and Improvement Council; $728,000,000 for Impact Aid in fiscal year 1996, Removes the requirement for States to de- Senate that permits the Department of Edu- the same amount provided by Congress in cation to distribute funding to the federal velop opportunity-to-learn standards; fiscal year 1995. Clarifies that no State, local education center and regional centers in proportion to Within the total provided, the conference the funding levels made available in the pre- agency, or school shall be required, as a con- agreement includes $581,707,000 for Basic dition of receiving assistance under this title vious fiscal year. Support Payments, $1,304,000 less than the The conferees agree that Centers for the to provide outcomes-based education, or House bill amount of $583,011,000 and $537,000 school-based health clinics; and Deaf under Post Secondary Education pro- above the Senate bill level of $581,170,000. grams should be awarded on a competitive Clarifies that nothing in the Goals 2000 leg- The agreement also includes $16,293,000 for islation will require or permit any State or basis instead of continuing the four existing Payments for Federal Property, an increase centers as proposed in the Senate report. Federal official to inspect a home, judge how of $1,304,000 over both the House and Senate parents raise their children, or remove chil- bill amounts of $14,989,000. REHABILITATION SERVICES AND DISABILITY dren from their parents. The conference agreement modifies a pro- RESEARCH The conferees agree that a State education vision proposed by the Senate (Section 306) The conference agreement includes agency must give approval in order for a regarding unobligated Impact Aid construc- $2,456,120,000 for Rehabilitation Services and local educational agency to apply to the Sec- tion funds. The agreement provides that one- Disability Research instead of the retary of Education for funding. A State edu- half of such unobligated funds shall be $2,452,620,000 proposed in both the House and cational agency is permitted to make a blan- awarded for the construction of public ele- Senate bills. ket approval or disapproval regarding the mentary or secondary schools on Indian res- The conference agreement includes participation of local education agencies. ervations, and that one-half of such funds $7,000,000 to support the Department of Edu- Regarding the provision on alternatives to shall be made available to school districts cation’s portion of the fiscal year 1996 secretarial approval of State plans, the con- with military impact according to section Paralympic Games through funding the At- ferees agree that submission of such report 8007 of the Elementary and Secondary Edu- lanta Paralympic Organizing Committee. and notification of amendments to previous cation Act as amended. The house bill included $4,500,000 while the State plans meets the requirements of sec- SCHOOL IMPROVEMENT PROGRAMS Senate bill contained no similar provision. tion 306. The grantee shall provide such information The conferees agree that local education The conference agreement includes as shall be required by the Department of agencies, as part of their school improve- $1,223,708,000 for School Improvement pro- Education, including a detailed statement of ment plan, can use their Goals 2000 funds for grams. The House bill provided $946,227,000 work and budget, and financial reports pro- the acquisition of computer technology and for programs in this account. The Senate viding a breakout of the costs of the activi- the use of technology-enhanced curricula provided $1,156,987,000 including $208,000,000 ties performed under the grant. The con- and instruction. The Department of Edu- in fiscal year 1997 appropriations. ferees have also provided funding for the cation is encouraged to advise States that The conferees specifically provide for the Paralympic Games in the Department of their Goals 2000 funds may be used for this following activity included in the Senate re- Labor and in the Social Security Adminis- purpose. port: tration. The conference agreement includes a pro- The funds provided for the Education of The conferees increased funding for this vision, proposed by the Senate, which au- Native Hawaiians are allocated as follows: account by $1,000,000 and direct the Depart- thorizes the Secretary of Education to grant Curricula Development, ment to use these funds to enable the two ac- up to six additional State education agencies Teacher Training and Re- tive regional head injury centers first funded authority to waive Federal statutory or reg- cruitment ...... $1,500,000 in 1992 to continue serving as national re- ulatory requirements for fiscal year 1996 and Community-Based Edu- sources to assist the States in improving the succeeding fiscal years. The House bill con- cation Learning Centers 800,000 quality and cost effectiveness of services for tained no similar provision. Hawaiian Higher Edu- victims of traumatic grain injury. The con- EDUCATION FOR THE DISADVANTAGED cation Programs ...... 1,400,000 ferees direct the Rehabilitation Services Ad- The conference agreement includes Gifted and Talented Pro- ministration to work with the staffs of these $7,228,116,000 for Education for the Disadvan- gram ...... 1,200,000 regional centers to further develop plans of taged of which $1,298,386,000 becomes avail- Special Education Pro- operation, including appropriate methods of able on October 1, 1996 for academic year grams ...... 1,200,000 organizing and coordinating State, private 1996–97. The House provided an appropriation Native Hawaiian Education provider and victim support resources to im- of $6,049,113,000 for this activity and a contin- Council and Island Coun- prove the quality of traumatic brain injury gent appropriation of $961,000,000 for a total cils ...... 300,000 services and for disseminating this informa- funding level of $7,010,113,000. The Senate Family-Based Education tion on a national basis. The centers are to amendment provided a fiscal year 1996 appro- Centers ...... 5,600,000 work with the Department to present to the priation of $6,513,511,000 and a fiscal year 1997 The agreement provides $465,981,000 for committees, by September 30, 1996, an eval- appropriation of $814,489,000 for a total fund- Safe and Drug Free Schools and Commu- uation plan of the present and planned serv- ing level of $7,328,000,000. With respect to the nities instead of the $400,000,000 provided by ices of the Centers and, upon approval, to H4202 CONGRESSIONAL RECORD — HOUSE April 30, 1996 implement the plan. In addition, the Depart- program should not result in the termi- Laboratory agrees that the priorities are ment is instructed to work with the centers nation of substantial downsizing of continu- consistent with its mission and the costs of to develop a funding strategy that will elimi- ing State grant programs. such special services are reimbursed to each nate the need for further federal funding for HIGHER EDUCATION laboratory from the discretionary funds this national demonstration activity and to The conference agreement provides available to the Department. Further, the report to the Committees with such a plan $836,964,000 for Higher Education programs, Conferees direct the Secretary to survey by September 30, 1996. the same amount included in the House and each regional educational laboratory to es- VOCATIONAL AND ADULT EDUCATION Senate bills. The agreement includes a provi- tablish that all funds provided serve the pri- The conference agreement provides sion proposed by the Senate requiring the ority R & D needs identified by the regional $1,340,261,000 for Vocational and Adult Edu- Department to award the same number of education board of each laboratory, docu- cation. The House bill provided $1,257,134,000 new Byrd Scholarships in fiscal year 1996 as ment any resource allocation or work prior- while the Senate bill included $1,340,638,000. were awarded in fiscal year 1995 and to pro- ity concerns reported by the laboratories and The conference agreement eliminates the re- rate downward the amounts for new and con- provide a report of all concerns to the House quirement for the establishment of State vo- tinuing Byrd Scholarships to accommodate and Senate Appropriations Committees not cational education councils as a condition of the awarding of new scholarships. The House later than January 31, 1997. The agreement also includes a provision receiving funding under the Carl D. Perkins bill did not include a similar provision. proposed by the Senate that extends star Vocational and Applied Technology Edu- HOWARD UNIVERSITY cation Act. school partnership projects that received While the conferees have eliminated fund- The conference agreement provides continuation grants in fiscal year 1996. ing for State councils, the conferees have no $182,348,000 for Howard University, an in- Due to the lateness in the fiscal year, con- objection to States using a portion of their crease of $7,677,000 over the amount provided ferees have provided that the funds provided Vocational Education funds for State coun- in both the House and Senate bills. The for the International Education Exchange cils or human resource investment councils. agreement includes $152,859,000 for the Aca- program should be used to continue current The conference agreement includes demic program, $7,677,000 more than the grantees. $4,723,000 for prisoner literacy programs, in- amount in the House and Senate bills, and The conferees have not provided funding stead of $5,100,000 as proposed by the Senate. $29,489,000 for the University Hospital, the for the extended time and learning program. The House bill contained no similar provi- same amount provided in the House and Sen- The Senate bill had included $2,000,000 for sion. ate bills. The agreement also allows the Uni- this purpose. The House bill contained no versity to use a part of its Academic pro- similar provision. STUDENT FINANCIAL ASSISTANCE gram appropriation for the endowment at its LIBRARIES The conference agreement specifies appro- discretion. The conferees direct that Howard The conference agreement includes priations for Student Financial Assistance in notify the Congress of any transfer from the Titles I and III of the Act. In the aggregate, $132,505,000 for library programs instead of Academic program to the Endowment fund $131,505,000 as proposed by both the House the agreement appropriates $6,258,587,000, in- at least 15 days prior to execution of the stead of $6,643,246,000 as proposed by the and Senate bills. transfer. The agreement does not provide Within the funds appropriated for library House and $6,165,290,000 together with funding for the research or construction pro- research and demonstration, the conferees $90,000,000 in contingent funding as proposed grams. have provided $1,000,000 for the Survivors of by the Senate. The conference agreement EDUCATION RESEARCH, STATISTICS AND he Shoah Visual History Foundation for a sets the maximum Pell Grant at $2,470, an multi-media project to document Holocaust increase of $30 over the House passed maxi- IMPROVEMENT survivor testimony. The conferees acknowl- mum grant of $2,440 and $30 below the $2,500 The conference agreement includes edge and support the mission of the U.S. Hol- maximum grant in the Senate bill. The max- $351,268,000 for Education Research, Statis- ocaust Memorial Council and the role the imum grant of $2,470 is the highest maximum tics and Improvement. The House bill in- council plays in developing and coordinating grant ever provided. cluded an fiscal year 1996 appropriation of In the aggregate, the agreement provides $328,268,000 for this activity and a contin- programs relating to the Holocaust. The $4,914,000,000 in new budget authority for the gency appropriation of $23,000,000 for a total $1,000,000 contained in this bill are to supple- Pell Grant program. This amount combined funding level of $338,268,000 through an fiscal ment the work of the council. These funds with $1,304,000,000 in funding which carries year 1996 appropriation of $328,268,000 and an have been included for the Survivors of the forward from previous years, makes avail- fiscal year 1997 appropriation of $10,000,000. Shoah Visual History Foundation project be- able $6,218,000,000 in budget authority for The agreement includes a provision pro- cause of the extraordinary nature of the Pell Grants in fiscal year 1996. The Senate posed by the House that prohibits the use of work and contribution of Mr. Steven bill included $4,814,000,000 and the House bill federal funds to fund the Goals 2000 Commu- Spielberg. The conferees concur with the included $5,423,331,000. nity Partnership program. view that this direct grant will put the im- The conference agreement places a cap of The conference agreement earmarks primatur of the U.S. government in a unique 3,650,000 on Pell Grant participants in the $3,000,000 within the Fund for the Improve- manner to repudiate any future claims that 1995–1996 school year, as proposed by the ment of Education as proposed by the Senate the Holocaust never occurred. Because of the House instead of 3,634,000 as proposed by the for programs such as those authorized by special nature of this grant, the conferees do Senate. This cap will not deny awards to any Part E of title III of the ESEA for equipment not view this as a precedent for future re- eligible students and has been imposed to re- and materials necessary for hands-on in- quests. flect the actual number of students receiving struction through assistance to State and The conferees also have provided $1,000,000 grants and actual program costs. local agencies. for the final phase of the portals demonstra- The conference agreement provides With respect to the Regional Educational tion project and, finally the conferees have $93,297,000 for new contributions to institu- Laboratories the agreement includes provided $1,000,000 for the National Museum tional revolving loan funds, an increase of $51,000,000. The conferees note that the cur- of Women in the Arts for activities associ- $93,297,000 over the House bill which did not rent laboratories’ contracts have removed ated with the archiving of works by women provide new capital contributions and a de- substantial funds from the programmatic artists. crease of $64,703,000 below the Senate bill control of the individual laboratories’ gov- GENERAL PROVISIONS level of $158,000,000 erning boards and pulled the laboratories The conference agreement includes a gen- The conference agreement provides programs of work away from the needs of eral provision as proposed by the House that $31,375,000 for State Student incentive educators and policymakers in the ten indi- would prohibit the use of funds appropriated Grants, a decrease of $32,000,000 below the vidual laboratory regions. It is the intent of in the bill for opportunity to learn standards Senate bill level of $63,375,000. The House bill the conferees that no funds provided be used or strategies. The Senate had no similar pro- did not provide funding for this program. for any purpose other than work that is de- vision. The conferees have provided this funding termined by the priorities of the regional The conference agreement includes lan- with the understanding that no new funding governing board of each individual labora- guage which reduces the fund available to will be provided for the program in fiscal tory. All funds provided to the Regional Edu- the Secretary for the administration of the year 1997. The conferees reiterate that all cational Laboratories shall be allocated ac- student loan programs, as provided under States have participated in this program cording to each laboratory’s percentage of section 458 of the Higher Education Act. Sec- since 1978, a sufficient period of time to de- the total amount that was provided to the tion 458 provides mandatory spending for velop independent and self-sufficient State ten regional educational laboratories by the student loan administration in amounts grant Programs. According to the Depart- Department of Education on December 11, which exceed what the Secretary needs for ment of Education, the federal appropriation 1995. Any special services requested by the fiscal year 1996. By limiting the amount for State Student Incentive Grants represent Department of Education, other than the available to $436,000,000, compared to the less than 2.5% of total State student assist- OERI National Educational Research Policy $550,000,000 allowed by the Higher Education ance. The conferees believe that States have and Priorities Board for the purpose of aid- Act, the agreement achieves savings of operated this program with a combination of ing their oversight of federal education re- $114,000,000. To ensure appropriate scoring of State and federal funds for several years, and search and development program, shall be this action by the Congressional Budget Of- the termination of federal support for this provided only if each Regional Educational fice, the agreement also limits the authority April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4203 in section 458 which would otherwise permit FEDERAL MEDIATION AND CONCILIATION ministrative expenses derived from the rail- the Secretary to draw funds from fiscal year SERVICE road retirement accounts, the agreement 1997 amounts into fiscal year 1996. The agreement provides $32,896,000 for the provides $89,955,000 for the administrative ex- The agreement further provides that the Federal Mediation and Conciliation Service, penses of the Railroad Retirement Board, an Secretary will pay to guaranty agencies the the same as the House bill and an increase of increase of $861,000 over the Senate bill and administrative cost allowances owned such $500,000 over the Senate bill. a decrease of $861,000 below the House bill. agencies for fiscal year 1995 in the amount NATIONAL LABOR RELATIONS BOARD TITLE V—GENERAL PROVISIONS currently estimated, $95,000,000. The agree- The conference agreement deletes lan- ment also provides that the Secretary will The agreement provides $170,743,000 for the National Labor Relations Board, instead of guage contained in the House bill stating calculate and pay administrative cost allow- that States remain free not to fund abor- ances for fiscal year 1996 at the rate of 0.85 $167,245,000 provided in both the House and Senate bills. The agreement also deletes lan- tions with Federal funds provided in the bill percent of the total principal amount of to the extent that the State deems appro- loans upon which insurance was issued on or guage proposed by the House concerning the issuance of section 10(j) injunctions. The priate, except where the life of the mother after October 1, 1995. The estimated amount would be endangered if the fetus were carried of such payments is $81,000,000. agreement includes language to prohibit the agency from promulgating a final rule on the to term. The Senate amendment contained The agreement prohibits the Secretary no similar provision. The conference agree- from requiring the return of reserve amounts appropriateness of requested single location bargaining units in representation cases. ment includes, as did both the House bill and held by guaranty agencies in fiscal year 1996 the Senate amendment, the language from except after consultation with the House and SOCIAL SECURITY ADMINISTRATION previous years prohibiting Federal funding of Senate authorizing committees. Any such SUPPLEMENTAL SECURITY INCOME PROGRAM abortion except in the cases of rape, incest amounts returned must be deposited in the The agreement provides $18,545,512,000 for and endangerment of the life of the mother. Treasury to help reduce the deficit. the Supplemental Security Income program, The conference agreement modifies a pro- No funds available to the Secretary may be a decrease of $49,500,000 below the Senate bill vision proposed by the House and Senate used by the Secretary to pay administrative and $208,322,000 below the House bill. Of this bills to exclude from participation in the fees to institutions participating in the Fed- amount, the managers have provided Pell Grant program institutions which are eral Direct Student Loan Program. $1,500,000 to support a demonstration project ruled to be ineligible to participate in a fed- The conference agreement restricts the au- relating to the Paralympic Games. The eral student loan program as a result of de- thority of the Secretary to hire advertising grantee shall provide such information as fault rate determinations issued by the Sec- agencies or other third parties to provide ad- shall be required by the Social Security Ad- retary subsequent to February 14, 1996. vertising services to the Department for any ministration, including a detailed statement The conference agreement includes a gen- student loan program. The Committee does of the activities to be supported under the eral provision proposed by the Senate to not intend this language to limit the ability grant and the budget for each activity, and limit expenditures on cash performance of the Secretary to obtain outside assistance financial reports documenting how the funds awards to no more than one percent of to develop and issue informational brochures were actually expended. amounts appropriated for salaries for each or similar material for the programs that The agreement makes available an addi- agency funded in the bill. In addition, the help students, guidance counselors, student tional amount of $15,000,000 for the process- provision reduces the amounts otherwise ap- aid administrators, or others, learn such ing of Continuing Disability Reviews (CDRs), propriated for salaries and expenses in the things as how the programs work or their which was not included in the House or Sen- bill by $30,500,000, to be allocated by the Of- terms and conditions. ate bills, subject to concomitant adjustment fice of Management and Budget, as proposed The conference agreement includes a gen- of the Subcommittee’s 602(b) allocation as by the Senate. The House bill had no similar eral provision as proposed by the House permitted by P.L. 104–121. provision. modified to prohibit the use of funds appro- The conference agreement includes lan- LIMITATION ON ADMINISTRATIVE EXPENSES priated in the bill for four specific boards guage contained in the Senate amendment and commissions currently funded by the De- The agreement limits administrative ex- which amends the Public Health Service Act partment of Education. The Senate had no penditures to $5,821,768,000 for the Social Se- to prohibit the Federal government and similar provision. curity Administration, a decrease of State and local entities who receive Federal $23,415,000 below the Senate bill and (TRANSFER OF FUNDS) financial assistance from discriminating $88,500,000 below the House bill. The agree- against entities which refuse to provide or The conference agreement includes a gen- ment includes bill language proposed by the refer for provision of abortions or training to eral provision as proposed by the House that Senate permitting the agency to retain any perform abortions. The provision requires would authorize the Department of Edu- unobligated funds at the end of the fiscal the Federal government and State and local cation to transfer up to one percent of funds year for its automation initiative. entities to deem an entity accredited that in any appropriation account to any other The agreement also includes an additional would be accredited except for accreditation account in the Department, provided that limitation of $60,000,000 for the processing of requirements pertaining to the provision of the receiving account is not increased by Continuing Disability Reviews (CDRs), which abortions and abortion training. The House more than three percent thereby and that was not included in the House or Senate bill contained a similar provision. the Appropriations Committees are notified bills, subject to concomitant adjustment of The conference agreement includes lan- at least 15 days in advance of any transfer. the Subcommittee’s 602(b) allocation as per- guage contained in the House bill which The Senate had no similar provision. mitted by P.L. 104–121. modifies the Medicare certification survey The conferees have agreed to include this The conferees strongly urge that SSA work schedule for home health agencies to permit transfer provision to give the Department with an industry-based consortium dedicated States greater flexibility to target resources more flexibility in managing its appropria- to improving software productivity, and with on problem agencies in order to free up funds tions. However, the continuation of this pro- experience institutionalizing software proc- for certification of new facilities. The agree- vision in the future will depend on the De- esses and methods; sufficient funds have ment also contains language not contained partment’s achieving and maintaining au- been included in the conference agreement in the House bill that would permit expanded dited financial statements in accordance for this purpose. use by Medicare providers of private accredi- with the Chief Financial Officers Act of 1990 RAILROAD RETIREMENT BOARD tation by national bodies for initial certifi- and Office of Management and Budget Bul- cations and recertifications for those na- letin No. 93–06. LIMITATION ON ADMINISTRATION tional bodies that can demonstrate that The agreement provides a limitation for TITLE IV—RELATED AGENCIES their accreditation assures compliance with administrative expenses of $73,169,000 which all Medicare requirements. This ‘‘deeming’’ CORPORATION FOR NATIONAL AND COMMUNITY may be derived from railroad retirement ac- provision would not apply to renal dialysis SERVICE counts. In combination with a limitation of facilities and durable medical equipment DOMESTIC VOLUNTEER SERVICE PROGRAMS $16,786,000 from the railroad unemployment suppliers. There is no intent to change cur- insurance administration fund, the agree- OPERATING EXPENSES rent law or current policy with respect to ment provides a total of $89,955,000 for the The conference agreement appropriates the deeming of skilled nursing facilities. The administrative expenses of the Railroad Re- $198,393,000 for the Domestic Volunteer Serv- agreement also includes language not in- tirement Board, an increase of $861,000 above ice programs, an increase of $2,123,000 over cluded in the House bill requiring the Sec- the Senate bill and a decrease of $861,000 the House appropriation of $196,270,000 and a retary of Health and Human Services to con- below the House bill. decrease of $2,901,000 below the Senate appro- duct a study of and to report on the effec- priation of $201,294,000. The agreement pro- LIMITATION ON RAILROAD UNEMPLOYMENT tiveness and appropriateness of the current vides $41,385,000 for regular VISTA Oper- INSURANCE ADMINISTRATION FUND mechanisms for surveying and certifying ations. No funding is specifically provided The agreement provides a limitation on ad- skilled nursing facilities and renal dialysis for the VISTA Literacy program, however, ministrative expenses of $16,786,000 from facilities. The Senate amendment contained the conferees agree that funds may be used moneys credited to the railroad unemploy- no similar provision. to conduct literacy activities previously ment insurance administration fund. Com- The conferees are concerned that quality funded by the VISTA Literacy program. bined with a limitation of $73,169,000 on ad- of care not decline for the large and growing H4204 CONGRESSIONAL RECORD — HOUSE April 30, 1996 number of Medicare beneficiaries receiving nursing facilities to determine the extent to those who performed the procedure on mi- home health services. All agencies should be which they have strengthened the safety net nors. The House bill had no similar provi- surveyed at reasonable intervals with no that is vital to assure a baseline of quality sions. more than a 15 month schedule for those and consumer protection. Finally, the con- TITLE VI—ADDITIONAL agencies with poor prior performance. If ferees are interested in innovative regu- APPROPRIATIONS there is a change in ownership, surveys shall latory and nonregulatory incentives for all occur no less frequently than on a 15 month nursing facilities to continually improve the The conference agreement includes title VI schedule. Within one year of enactment of quality of services provided to Medicare and of the bill proposed by the House modified to this legislation the conferees direct HCFA to Medicaid patients. Therefore, the Secretary exclude Social Security Administration report to Congress on the status of imple- should include in the report whether such in- funding for continuing disability reviews. mentation of this policy and the impact on centives would encourage and reward opti- The House bill established a separate title VI quality of care for beneficiaries. In particu- mal performance with particular emphasis which provided partial appropriations for lar, the report shall contain data supporting on improved patient outcomes. three different appropriation accounts. It in- HCFA’s contention that quality of care will The conference agreement includes lan- cluded $396,000,000 for HCFA Program Man- improve if resources are targeted on problem guage in the Senate amendment requiring agement for payment safeguard activities, agencies. the Secretary of Health and Human Services $43,000,000 for the HHS IG for Medicare-relat- The conferees expect that the study and re- to grant a waiver under the Medicaid pro- ed activities and $111,000,000 for the Social port required in this provision will include gram to Charter Health Plan, Inc. of the Dis- Security Administration administrative ac- careful analysis of the adequacy of current trict of Columbia of the requirement that no count for continuing disability reviews. nursing facility accreditation standards. At- more than 75 percent of a managed care pro- These amounts, when combined with the tention should be given to the cost effective- vider’s enrollment may be Medicaid patients. amounts appropriated for these activities in ness of expanding the use of voluntary pri- The House bill had no similar provision. the regular titles of the bill, provided full- vate accreditation, and whether it is a tool The conference agreement includes lan- year appropriations. Under the language in for quality enhancement and as a mean to guage requiring the Secretary of Health and title VI, if a subsequent appropriation is en- enable government agencies to focus federal Human Services to compile data on the num- acted in another bill for FY 1996 for these ac- attention more directly on those nursing fa- ber of females in the U.S. who have been sub- tivities, then the amount appropriated in cilities which need increased oversight. The jected to female genital mutilation, to con- title VI would be canceled. The Senate had study should also review the information of duct outreach to communities that practice no similar provision. accrediting bodies to determine whether it female genital mutilation, and to develop CONFERENCE AGREEMENT might assist HCFA to access data needed to curriculum recommendations for medical monitor the performance of nursing facili- schools regarding the practice. The Senate The following table displays the amounts ties. The study should evaluate State-level amendment contained a similar provision, agreed to for each program, project or activ- changes in standards for accreditation of but also established criminal penalties for ity with appropriate comparisons: April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4205 H4206 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4207 H4208 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4209 H4210 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4211 H4212 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4213 H4214 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4215 H4216 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4217 H4218 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4219 H4220 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4221 H4222 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4223 H4224 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4225 H4226 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4227 H4228 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4229 H4230 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4231 H4232 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4233 H4234 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4235 H4236 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4237 H4238 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4239 H4240 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4241 H4242 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4243 H4244 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4245 H4246 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4247 H4248 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4249 H4250 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4251 H4252 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4253 H4254 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4255 H4256 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4257 H4258 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4259 H4260 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4261 H4262 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4263 H4264 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4265 H4266 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4267 H4268 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4269 H4270 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4271 H4272 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4273 H4274 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4275 H4276 CONGRESSIONAL RECORD — HOUSE April 30, 1996 April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4277 H4278 CONGRESSIONAL RECORD — HOUSE April 30, 1996 DEPARTMENTS OF VETERANS AFFAIRS eral Housing Administration (FHA). Despite formal competition, HUD plans to utilize a AND HOUSING AND URBAN DEVELOP- the decrease, the conferees understand the comprehensive, merit-based selection proc- MENT AND INDEPENDENT AGENCIES reduction will not materially impact the De- ess. SEC. 101(e) partment’s ability to meet its statutory and DRUG ELIMINATION GRANTS FOR LOW-INCOME policy responsibilities in disposing of these The conferees agree that House report 104– HOUSING properties on a timely basis. 384 is to be used as the guiding document for The conference agreement permits the Sec- Second, the conferees agree to add the departments, agencies, commissions, retary to waive the requirement to set-aside $25,000,000 to the $233,168,000 provided for the corporations, and offices under the jurisdic- a portion of these funds for the youth sport section 811 housing program for the disabled, tion of the House and Senate subcommittees program, though the activity remains an eli- and to add $50,000,000 to the $780,190,000 pro- on the Departments of Veterans Affairs and gible activity of the program. This require- vided for the section 202 housing program for Housing and Urban Development and Inde- ment has been burdensome for both the De- the elderly. However, rather than spending pendent Agencies, along with House report partment and public housing authorities to the additional funding on new construction 104–201 and Senate report 104–140. The follow- administer. or acquisition of buildings, the funds must be ing explanations are to be taken as clarifica- Noting the importance and need to fight applied to extending the contract terms of tions or supplements to the directions con- crime in public housing and to create safe the rental assistance program. environments for low-income families, the tained in House report 104–384, dated Decem- Finally, funding for renewing expiring or conferees have decided to fully fund the Drug ber 6, 1995 and Senate report 104–236 dated terminating section 8 subsidy contracts has Elimination Grant program despite dwin- March 6, 1996: been reduced from $4,350,862,000 to dling discretionary resources. There is, how- TITLE I—DEPARTMENT OF VETERANS $4,007,862,000. Though the decrease will not ever, a significant crime problem that AFFAIRS reduce the number of households assisted plaques the assisted housing portfolio. Un- EPARTMENTAL ADMINISTRATION under this program from the level specified D fortunately, the owners of these properties in H.R. 2099, it will reduce the term of the GENERAL OPERATING EXPENSES do not have access to funding from the drug rental assistance contracts from two years. elimination program. It is the opinion of the Limits the amount of funds available for H.R. 2099, the 1996 VA/HUD and Independ- conferees that the authorizing committee payroll costs of the Office of the Secretary to ent Agencies appropriations measure, in- should consider this problem and rectify it not exceed $3,206,000, instead of $2,766,000 as cluded a provision designed to replace the with appropriate legislation. proposed by the House and deleting such lim- Low Income Housing Preservation. itation as proposed by the Senate. Deletes H.R. 2099, the 1996 VA/HUD and Independ- COMMUNITY PLANNING AND DEVELOPMENT the salary limitations proposed by the House ent Agencies appropriations measure, in- COMMUNITY DEVELOPMENT GRANTS and stricken by the Senate for the Office of cluded a provision designed to replace the the Assistant Secretary for Policy and Plan- At the request of the Secretary, the con- Low Income Housing Preservation and Resi- ferees agree to set-aside $50,000,000 from the ning, the Office of the Assistant Secretary dent Homeownership Act (LIHPRHA) with a for Congressional Affairs, and the Office of community development block grant ac- less expensive program that avoids depend- count for economic development initiatives the Assistant Secretary for Public and Inter- ence on continuing section 8 rental subsidies governmental Affairs. The limitation of sal- to be made available pursuant to a competi- while, at the same time, preserves affordable tive selection process. ary funds for the Office of the Secretary is housing opportunities for low-income fami- ADMINISTRATIVE PROVISIONS the amount requested in the 1996 Budget and lies. will support the current employment level. The recently enacted Housing Opportunity EXTEND ADMINISTRATIVE PROVISIONS FROM CONSTRUCTION, MAJOR PROJECTS Program Extension Act of 1996 incorporated THE RESCISSION ACT Deletes language proposing contingent ap- the provisions of the revised preservation It is critical to deregulate the public and propriations of an additional $70,100,000 for program contained in H.R. 2099. Due to assisted housing portfolios by providing construction, major projects as proposed by delays, however, the calendar deadlines uti- them with the greatest degree of flexibility the House and $16,000,000 as proposed by the lized in this legislation for filing and for possible, and therefore agree to expand the Senate. The approved major construction funding eligibility determinations are no eligible uses of modernization funds to cap- projects are as specified in House Report 104– longer valid and must be adjusted. Therefore, ital purposes. 384, the Conference Report and Joint Explan- the conferees have adjusted dates to conform The conferees believe that mixed-income atory Statement of the Committee of Con- the provisions in the Extension Act. developments, where the portion of apart- ference on H.R. 2099. As a further refinement of the revised pres- ments dedicated to low-income families are ervation program, the conferees have added a indistinguishable from the remaining mar- ADMINISTRATIVE PROVISIONS third criteria for the Department to utilize ket-rate apartments, will foster safe neigh- Inserts section 108 authorizing the con- in setting appropriate rents for properties. borhoods and will provide for fiscally viable struction of outpatient clinics in Brevard This change will enable properties which uti- developments. Therefore, the conferees rec- County, FL, Travis Air Force Base, CA, and lize the capital loan/capital grant program to ommend inclusion of several provisions de- Boston, MA; leases at Ft. Myers, FL and New retain working families in affordable hous- signed to facilitate their creation and fi- York, NY; and a research facility at Port- ing developments and to achieve an appro- nancing. land, OR. The conferees urge the VA to re- priate mix of income levels. view its options to acquire additional land EMPLOYMENT LIMITATIONS PUBLIC HOUSING DEMOLITION, SITE REVITAL- for the expansion of the Camp Butler Na- The conferees agree to increase the number IZATION, AND REPLACEMENT HOUSING tional Cemetery. of assistant secretaries to eight from the GRANTS Inserts, as section 109, language designat- seven provided in H.R. 2099, but have re- ing the Walla Walla VA Medical Center as The conferees are aware of the urgent need tained the provisions regarding the levels of the Jonathan M. Wainwright Memorial VA to accelerate the demolition of distressed Schedule C and noncareer SES employees. Medical Center. The Senate proposed this public housing developments and have HUD is directed to present a plan to the language as a miscellaneous provision. agreed to provide $200,000,000 above the House and Senate Committees on Appropria- Deletes a miscellaneous provision as pro- amount recommended in H.R. 2099 for the se- tions by September 30, 1996, that describes posed by the Senate that would require the verely distressed public housing program. its reorganization strategy, including: VA to develop a plan for the allocation of This addition increases funding for the pro- (1) the organizational structure, including health care resources. This matter was ad- gram from $280,000,000 to $480,000,000. the number of field offices, regional offices, dressed in amendment numbered 14 of House The HOPE VI program was created in 1992 and FHA offices; Report 104–384, the Joint Explanatory State- as a means to replace obsolete public hous- (2) the programmatic staffing levels re- ment of the Committee of Conference on ing developments aggressively with homes quired to meet the needs and services identi- H.R. 2099. The conferees note that the VA is that are architecturally appealing, have fied in HUD’s mission statement; currently developing the allocation plan. lower densities, and are better suited to the (3) the responsibilities and duties of head- needs of low-income families and their sur- quarters, the field offices, regional offices TITLE II—DEPARTMENT OF HOUSING rounding neighborhoods. In the last four and FHA offices, the services they will pro- AND URBAN DEVELOPMENT years, the Department has found it nec- vide, and the level of programmatic staff ANNUAL CONTRIBUTIONS FOR ASSISTED essary to refine PHA plans after awarding necessary to carry out these functions; HOUSING the grants, usually because of complicated (4) the relationship between Headquarters The conferees recommend decreasing the financing associated with the construction of and the field offices, regional offices, and amount appropriated for annual contribu- these developments. The formal competition FHA offices; and tions for assisted housing in H.R. 2099, from process required by the Act, however, con- (5) the annual schedule by which the Sec- $10,155,795,000 to $9,818,795,000. The decrease strains HUD from being able to make retary intends to reduce staff to 7,500 by the of $337,000,000 is comprised of three compo- changes on a timely basis. Therefore, to fa- year 2002. nents. First, $69,000,000 is taken from cilitate actual site demolition and rehabili- If the level of FTEs required to administer amounts available for property disposition tation, the conferees have deleted a require- the programs effectively is greater than activities associated with selling mortgages ment for a formal competition regarding 7,500, the Secretary must justify the in- and properties acquired or held by the Fed- how these funds are awarded. In place of a crease. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4279

REPEAL OF FROST-LELAND eral bureaucracy and should help reduce the Carolina. The conferees agree that the total Although the conferees agree to repeal the cost per participant. construction cost for this new research facil- Frost-Leland amendment, it was not agreed The conferees are aware of recent commit- ity shall not exceed $232,000,000. that the City of Dallas be reimbursed for ex- ments by the Corporation to improve the HAZARDOUS SUBSTANCE SUPERFUND penses it incurred demolishing a public hous- management of the AmeriCorps program and The conferees agree to provide $150,000,000 ing project in West Dallas pursuant to a reduce costs. In addition to eliminating in addition to the amount proposed for haz- court order. grants to federal agencies, such actions in- ardous substance superfund in H.R. 2099. The clude decreasing the reliance on federal FHA ASSIGNMENT PROGRAM conferees agree that such additional funds, funds by increasing the matching require- The conferees have amended provisions of $100,000,000 of which become available on ment for private funds, reminding sponsors September 1, 1996, are for clean-up response the Balanced Budget Downpayment Act, I, of all prohibited activities, including lobby- which reformed the FHA Assignment Pro- and enforcement activities, subject to nor- ing and partisan political activities, improv- mal reprogramming guidelines. The con- gram. The first change corrects terminology ing grant reviews, and expanding efforts in included in that Act. Additionally, because ferees agree that $2,000,000 of this additional program evaluation. It is the conferees’ in- amount is for worker training grants under of delays in enacting this appropriations tent that the appropriating and authorizing measure, several dates used in the original NIEHS, bringing this program to $18,500,000 committees will carefully monitor the Cor- for fiscal year 1996. legislation are no longer valid and have been poration’s activities to ensure that the changed. First, the effective date of the re- agreed to reforms are carried out and to pre- STATE AND TRIBAL ASSISTANCE GRANTS form has been changed to the date of enact- vent any abuses in the future. The conferees agree to provide $490,000,000 ment of this legislation to prevent a cir- The conferees agree to include the Sense of in addition to the amount proposed for envi- cumstance where people who applied for as- the Congress language proposed by the Sen- ronmental programs and infrastructure as- signment after March 15, 1996, would find the ate. This language urges the President to sistance under state and tribal assistance program retroactively terminated. Thirty nominate expeditiously a Chief Financial Of- grants in H.R. 2099. Of this additional days after enactment, HUD is required to ficer and to implement as quickly as possible amount, $448,500,000 is for capitalization issue regulations. The second date change al- the recommendations of the independent grants, $3,500,000 is for a water distribution lows the reforms to be utilized for all mort- auditors to improve the financial manage- system grant in the South Buffalo/Kittaning gages executed during fiscal year 1996 and in ment of the Corporation’s funds. The lan- area, Pennsylvania, $25,000,000 is for a special prior years. guage also urges the Corporation to submit a projects grant for Boston Harbor for a total CHANGES TO STATE OF NEW YORK’S COMMUNITY reprogramming proposal for up to $3,000,000 of $50,000,000 in fiscal year 1996, and DEVELOPMENT BLOCK GRANT AND HOME PRO- to carry out financial management system $13,000,000 is for a construction grant for GRAMS reforms if the Chief Financial Officer deter- wastewater treatment facilities in Water- To ensure that the CDBG Small Cities pro- mines such additional resources are needed. town, South Dakota. Of the $448,500,000, gram in the State of New York is operated as OFFICE OF INSPECTOR GENERAL $225,000,000 is for Safe Drinking Water State efficiently as possible, the conferees agree to Revolving Fund capitalization grants which, Appropriates $2,000,000 for the Office of In- added to the $275,000,000 proposed in H.R. 2099 limit the amount of funds made available for spector General. The conferees expect that multi-year commitments to 35 percent. Addi- and the $225,000,000 provided in previous ap- the Inspector General will periodically re- propriations acts, brings the total available tionally, the conferees agree to provide the port to the Congress on progress in improv- State of New York’s HOME funds directly to for the Safe Drinking Water SRF to ing the Corporation’s financial management $725,000,000. All of these funds shall be avail- the Chief Executive Officer of the State, to systems and in developing auditable finan- be used in accordance with provisions of law. able if authorization for such SRF is enacted cial statements. prior to August 1, 1996, however, if no such MINIMUM RENT TENANT PROTECTIONS ENVIRONMENTAL PROTECTION AGENCY authorization is enacted prior to August 1, The conferees agree that every public SCIENCE AND TECHNOLOGY 1996, these funds will become available for housing and section 8 housing resident who wastewater capitalization grants. receives the benefit of housing assistance The conferees agree to a technical change to House Report 104–384 related to the Mine The conferees understand the Agency has should contribute at least $25 towards their convened a federal advisory committee to rent. There may be occasions, however, Waste Technology program. The science and technology account includes $3,000,000 for address water pollution issues related to wet where families are experiencing serious fi- weather. The conferees believe that EPA nancial hardship and cannot afford even the this program, in lieu of funding in the haz- ardous substance superfund account. should take advantage of the many stake- most minimal contribution. Therefore, a holders concerned about stormwater at the provision has been added to allow the Sec- ENVIRONMENTAL PROGRAMS AND MANAGEMENT table and use this opportunity to see if these retary or a public housing agency to waive The conferees agree to provide $127,000,000 participants can reach consensus on a sim- the minimum rent requirement to provide a in addition to the amount proposed for envi- plified, environmentally protective, work- transition period for affected families not to ronmental programs and management in able, cost-effective stormwater program for exceed three months. H.R. 2099. Of this amount, the conferees municipalities regardless of population and The conferees have agreed to delete a pro- agree that up to $40,000,000 is available for all entities whether or not they are already vision proposed in H.R. 2099 which would enforcement activities. covered under the Phase I NPDES program. have directed the transfer of fair housing en- In 1994, under the U.S. Global Climate Finally, the conferees note that $700,000 of forcement responsibilities to the Depart- Change Action Plan, the Administration ap- funds proposed in H.R. 2099 for Manns Choice ment of Justice. proached developing countries about under- and $100,000 of funds proposed in H.R. 2099 for TITLE III—INDEPENDENT AGENCIES taking joint activities to reduce global emis- Taylor Township, Pennsylvania, be used for DEPARTMENT OF THE TREASURY sions. The joint implementation project thus wastewater treatment facility improvements established encourages partnerships between COMMUNITY DEVELOPMENT FINANCIAL in Juniata Terrace Borough, Mifflin County, businesses and non-governmental organiza- INSTITUTIONS FUND Pennsylvania ($250,000) and Curwensville tions in the United States and developing Borough-Pike Township, Clearfield County, PROGRAM ACCOUNT countries, offering the potential to achieve Pennsylvania ($150,000) and for combined The conferees agree to provide $45,000,000, greater emission reductions worldwide than sewer overflow improvements for Logan instead of $50,000,000 as proposed by the Sen- would be possible with each country acting Township, Blair County, Pennsylvania ate and $25,000,000 as proposed by the House. alone. Recognizing that meaningful near- ($400,000). The conferees also agree to remove legisla- term reductions in greenhouse gas emissions ADMINISTRATIVE PROVISIONS tive provisions restricting the size of the can only be realized through voluntary, pub- The conferees have included bill language staff for this effort. lic-private relationships such as the joint in section 304 which transfers real property CORPORATION FOR NATIONAL AND COMMUNITY implementation program, the conferees urge located in Bay City, Michigan to the City of SERVICE that from the funds provided for the climate Bay City or another municipal entity. In ad- change action plan, the Agency provide NATIONAL AND COMMUNITY SERVICE PROGRAMS dition, up to $3,000,000 of previously appro- $3,000,000 for completion of climate change OPERATING EXPENSES priated funds shall be provided to the recipi- country studies and development of develop- Appropriates $400,500,000 for National and ent of such real property for necessary envi- ing country national action plans and Community Service Programs Operating Ex- ronmental remediation and rehabilitation $7,000,000 for joint implementation plan ac- penses as proposed by the Senate, instead of costs of the property. It is the intent of the tivities. termination, or $383,500,000 if offsetting sav- Conferees that the recipient of the property ings were found, as proposed by the House. BUILDINGS AND FACILITIES shall accept full responsibility for compli- The recommended amount is $69,500,000 The conferees agree to provide $50,000,000 ance with any applicable environmental con- below the 1995 level and $416,976,000 below the in addition to the amount proposed for build- ditions and that the Agency’s liability shall budget request. ings and facilities in H.R. 2099. This addi- terminate upon transfer. The bill includes language eliminating tional funding is for the first phase of con- The conferees have agreed to delete a pro- grants to Federal agencies. This will permit struction of a new consolidated research fa- vision proposed in H.R. 2099 which prohibited all money to be directed outside of the Fed- cility at Research Triangle Park, North the use of funds to implement section 404(c) H4280 CONGRESSIONAL RECORD — HOUSE April 30, 1996 of the Federal Water Pollution Control Act, TITLE II—SUPPLEMENTAL House bill proposed a total of $6,500,000 for as amended. APPROPRIATIONS both section 502 direct loans and section 504 housing repair loans. EXECUTIVE OFFICE OF THE PRESIDENT CHAPTER 1 The conference agreement provides that DEPARTMENT OF AGRICULTURE, RURAL COUNCIL ON ENVIRONMENTAL QUALITY AND funds be used for the cost of modifying loans DEVELOPMENT, FOOD AND DRUG AD- OFFICE OF ENVIRONMENTAL QUALITY as defined in section 502 of the Congressional MINISTRATION, AND RELATED AGEN- Budget Act of 1974 as proposed by the House. The conferees agree to provide $1,150,000 in CIES addition to the amount proposed in H.R. 2099, The conference agreement does not include DEPARTMENT OF AGRICULTURE for a fiscal year 1996 total of $2,150,000 for a provision proposed by the Senate that the CEQ. The conferees agree that CEQ and OEQ FOOD SAFETY AND INSPECTION SERVICE entire amount be available subject to an offi- should not augment their workforce by uti- The conferees retain bill language included cial budget request from the Administration. lizing personnel paid for by appropriations by the Senate to earmark funds appropriated VERY LOW-INCOME HOUSING REPAIR GRANTS provided to any other Federal agency or de- to the Food Safety and Inspection Service The conference agreement provides a sup- partment. for in-plant inspection personnel. The House- plemental appropriation of $1,100,000 for passed bill contained no similar provision. DEPARTMENT OF HEALTH AND HUMAN emergency expenses resulting from flooding Providing sufficient funds to fully cover the SERVICES in the Pacific Northwest, the Northeast bliz- salaries and expenses of in-plant inspections zards and floods. Hurricane Marilyn, and OFFICE OF CONSUMER AFFAIRS mandated by current law was the priority of other natural disasters as proposed by both The conferees have agreed to provide Congress in the fiscal year 1996 appropria- the House and Senate. The conference agree- $1,800,000 for the Office of Consumer Affairs. tions Act. The conferees regret that it has ment does not include a provision proposed Neither the House or the Senate had in- become necessary to earmark funds for in- by the Senate that the entire amount be cluded this funding in the bill. plant inspector salaries and expenses, but be- available subject to an official budget re- cause the agency could not provide assur- quest from the Administration. NATIONAL AERONAUTICS AND SPACE ances that it would fulfill the intent of Con- RURAL UTILITIES SERVICE ADMINISTRATION gress, the conferees found this as the only al- The conferees agree to provide $83,000,000 ternative available. RURAL UTILITIES ASSISTANCE PROGRAM for Science, Aeronautics and Technology in NATURAL RESOURCES CONSERVATION SERVICE The conference agreement provides a sup- addition to the amounts proposed H.R. 2099. plemental appropriation of $11,000,000 for di- WATERSHED AND FLOOD PREVENTION Distribution of the additional funding is to rect loans and grants of the Rural Utilities OPERATIONS be addressed in the NASA operating plan for Assistance Program and the Emergency fiscal year 1996 and is subject to final ap- The conference agreement provides a sup- Community Water Assistance Program to as- proval by the Committees on Appropriations plemental appropriation of $80,514,000 for Wa- sist in the recovery from flooding in the Pa- of the House and Senate. tershed and Flood Prevention Operations to cific Northwest and other natural disasters repair damages to waterways and watersheds The conferees do not agree that all NASA as proposed by the Senate. The House bill resulting from flooding in the Pacific North- aircraft consolidation should be held in proposed separate appropriations of $5,000,000 west, the Northeast blizzards, floods, and abeyance pending the final reports of the for the Emergency Community Water Assist- other natural disasters instead of $73,200,000 NASA Inspector General and the General Ac- ance Program and $6,000,000 for the Rural as proposed by the House and $107,514,00 as counting Office as proposed by the Senate. Utilities Assistance Program. The con- proposed by the Senate. The conferees en- The conferees note that in a letter dated ference agreement also provides that funds courage the Department, when repairing March 8, 1996, the Inspector General endorsed be used for the cost of modifying loans as de- projects with funds appropriated for Emer- an alternative aircraft consolidation plan fined in section 502 of the Congressional gency Watershed and Flood Prevention Oper- which would leave in place five aircraft cur- Budget Act of 1974 as proposed by the House. ations, to do so with the intent of minimiz- rently based at Lewis Research Center, The conference agreement does not include ing future costs and flooding. Langley Research Center, and Wallops Is- a provision proposed by the Senate that the The conference agreement provides that land. Therefore, the conferees agree that the entire amount be available subject to an offi- the entire amount shall be available only to consolidation of these aircraft should await cial budget request from the Administration. the extent that an official budget request for final resolution of the issues addressed in the COMMODITY CREDIT CORPORATION $80,514,000 is submitted that includes des- initial report by the NASA Inspector General ignation of the entire amount as an emer- EMERGENCY LIVESTOCK FEED ASSISTANCE with regard to consolidation savings. gency requirement. PROGRAM The conferees are concerned with NASA’s The conference agreement also provides The conference agreement does not provide unexpected recent announcement regarding that if the Secretary of Agriculture deter- $10,000,000 of Commodity Credit Corporation additional and accelerated personnel reduc- mines that the cost of land and restoration funds for cost-sharing assistance under pro- tions at NASA headquarters. This announce- of farm structures exceeds the fair market visions consistent with the Emergency Live- ment was made without prior consultation value of affected cropland, the Secretary stock Feed Assistance Program as proposed with the Congress. The proposed reduction is may use sufficient amounts ‘‘not to exceed by the House. The Senate bill contained no disproportionately excessive relative to the $7,288,000’ from funds provided under this similar provision. The Department has indi- aggregate funding profile for this agency. heading to accept bids from willing sellers to cated that livestock producers who are eligi- Such substantial staffing reduction may provide conservation easements for cropland ble for cost-sharing assistance under the jeopardize NASA’s ability to manage ade- inundated by floods, as provided for by the Emergency Livestock Feed Assistance Pro- quately programs of continuing priority to Wetlands Reserve Program. gram will continue to be eligible for this as- the Congress and the Nation. Therefore, the CONSOLIDATED FARM SERVICE AGENCY sistance provided a valid contract for this conferees direct NASA to suspend immediate program has been signed prior to enactment EMERGENCY CONSERVATION PROGRAM implementation of the administrative steps of new legislation. to execute this proposed reduction-in-force, The conference agreement provides a sup- pending full consideration by the Congress of plemental appropriation of $30,000,000 for the SUPPLEMENTAL AND RESCISSION REQUESTS the agency’s budget for fiscal year 1997. Emergency Conservation Program for ex- As part of its fiscal year 1996 supplemental The conference agreement also includes penses resulting from floods in the Pacific and rescission requests, the Administration two new administrative provisions. The first Northwest and other natural disasters as proposed a rescission of $12,000,000 from Co- provision ensures that section 212 of Public proposed by the Senate instead of $24,800,000 operative State Research, Education, and Law 104–99 remains in effect as if enacted as as proposed by the House. Extension Service, Buildings and Facilities, part of this Act. The second new provision The conference agreement does not include and supplemental requests of $2,500,000 for urges NASA to fund Phase A studies for a a provision proposed by the Senate that the the U.S.-Israel Binational Agricultural Re- radar satellite initiative. entire amount be available subject to an offi- search and Development Fund program and cial budget request from the Administration. $9,500,000 for the Food Safety and Inspection NATIONAL SCIENCE FOUNDATION Service. The conference agreement does not RURAL HOUSING AND COMMUNITY DEVELOPMENT include these proposals. The conferees agree to provide an addi- SERVICE tional $40,000,000 for Research and Related GENERAL PROVISIONS Activities for the National Science Founda- RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT The conference agreement deletes the ad- tion. The effect of this adjustment is a net ministrative provision proposed by the Sen- The conference agreement provides a sup- reduction of $140,000,000 from the budget re- ate that would have allowed the Secretary to plemental appropriation of $5,000,000 for sec- quest as compared to a reduction of transfer funds provided in this Chapter be- tion 502 direct loans and $1,500,000 for section $180,000,000 proposed in H.R. 2099. tween accounts included in this Chapter. The 504 housing repair loans for emergency ex- House bill contained no similar provision. TITLE V—GENERAL PROVISIONS penses resulting from flooding in the Pacific The conference agreement includes a gen- Northwest, the Northeast blizzards and SEAFOOD SAFETY eral provision which supersedes section floods, Hurricane Marilyn, and other natural The conference agreement provides that 201(b) of Public Law 104–99. disasters as proposed by the Senate. The any domestic fish or fish product produced in April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4281 compliance with food safety standards or international standards. The Secretary may Hatcheries. If additional funds are needed for procedures accepted by the Food and Drug prohibit exports of products which are found repairs in this instance, the conferees under- Administration shall be deemed to have met to pose an imminent hazard. stand that funds are available within exist- any inspection requirements of the Depart- Any person who exports a drug or device ing amounts at the Federal Emergency Man- ment of Agriculture or other Federal agency may request the Secretary of Health and agement Administration (FEMA) and would for any Federal commodity purchase pro- Human Services to certify in writing that encourage FEMA to give every consideration gram, and that the Department or other Fed- the exportation is legal. A fee of up to $175 is to applications received in relation to this eral agency may utilize lot inspection to es- authorized for issuance of each written ex- flood damage. tablish a reasonable degree of certainty that port certification. The conferees intend that DEPARTMENT OF STATE AND RELATED such fish or fish product meets Federal prod- fees be established on a sliding scale to mini- AGENCIES uct specifications as proposed by the Senate. mize the impact on small business. The House bill contained no similar provi- IMPORT COMPONENTS USED FOR EXPORT DEPARTMENT OF STATE sion. The conference agreement also allows im- ADMINISTRATION OF FOREIGN AFFAIRS FARM LOANS port of certain articles, which cannot now be The conference agreement includes lan- lawfully imported, used in the manufacture DIPLOMATIC AND CONSULAR PROGRAMS guage that allows the Department of Agri- of drugs, biological products, devices, foods The conference agreement includes no culture to make or guarantee an operating (including dietary supplements), food addi- emergency funding for State Department op- or an emergency loan to a loan applicant tives, and color additives if the finished erations to offset operating costs being in- who was less than 90 days delinquent on products are then exported. Under this provi- curred in Bosnia as a result of the Dayton April 4, 1996, if the loan applicant had sub- sion, importers must provide the Secretary Accords, as proposed by the Senate. The mitted an application for the loan prior to of Health and Human Services with notifica- House bill included $2,000,000. April 5, 1996. The recently enacted Federal tion of the initial importation, maintain Agriculture Improvement and Reform Act records of such imports, and destroy any RELATED AGENCIES altered conditions under which loans could component not used in an exported product. UNITED STATES INFORMATION AGENCY be made at the time of enactment. This pro- The agreement also allows import of certain vision allows those borrowers, whose applica- blood and tissue products provided they com- SALARIES AND EXPENSES tion had been submitted, to complete the ply with the Public Health Service Act re- The conference agreement includes no process. The provision also provides that no quirements, or the Secretary allows such im- emergency funding for United States Infor- applicant may be more than 90 days delin- ports. The Secretary could make such a de- mation Agency operations to offset operat- quent. termination, for example, where a blood ing costs being incurred in Bosnia as a result CHAPTER 1A component is imported from a country which of the Dayton Accords, as proposed by the has laws and regulations relating to the col- DEPARTMENT OF HEALTH AND HUMAN Senate. The House bill included $1,000,000. lection and processing of blood; the products SERVICES are in compliance with such requirements; RELATED AGENCY FOOD AND DRUG ADMINISTRATION the importer assures that such products are SMALL BUSINESS ADMINISTRATION FOOD AND DRUG EXPORT REFORM segregated from U.S. products, that contami- The conference agreement includes a modi- nation of equipment is prevented, and that DISASTER LOANS PROGRAM ACCOUNT fication of language included in both the records are maintained and made available The conference agreement provides House and Senate versions of the bill allow- to the Secretary to verify such assurances; $71,000,000 for subsidy costs associated with ing the export of certain unapproved drugs, and that the importer performs such tests as the SBA Disaster Loans Program, instead of biologicals, animal drugs, and medical de- the Secretary may require. $72,300,000 as proposed by the House and vices. The provision allows pharmaceuticals PATENT EXTENSION $69,700,000 as proposed by the Senate, as an and medical devices not approved in the The conference agreement includes a pro- emergency appropriation to remain available United States to be exported to any country vision that would extend a patent on a non- until expended, to allow for additional loan in the world if the product complies with the steroidal anti-inflammatory drug. Congres- volume in response to declared disasters. laws of that country and has valid market- sional hearings held on this issue support the In addition, the conferees have included ing authorization in one of the following claims that the Food and Drug Administra- $29,000,000, for administrative expenses under countries: Australia; Canada; Israel; Japan; tion took an unreasonable length of time in this account, instead of $27,700,000 as pro- New Zealand; Switzerland; South Africa; or the approval process for this drug. The provi- posed by the House and $30,300,000 as pro- the European Union or a country in the Eu- sion provides a two year extenstion. posed by the Senate, as an emergency appro- ropean Economic Area. The Secretary is CHAPTER 2 priation to remain available until expended, given authority to add countries to the list DEPARTMENTS OF COMMERCE, JUSTICE, to support SBA’s disaster activities in re- based on criteria set forth in the conference sponse to declared disasters. agreement. AND STATE, THE JUDICIARY, AND RE- The conference agreement also sets forth LATED AGENCIES The conferees are concerned about the criteria upon which the Secretary may allow DEPARTMENT OF COMMERCE manner in which SBA budgets for, and ad- ministers, disaster assistance funds. The direct export of a drug not first approved in ECONOMIC DEVELOPMENT ADMINISTRATION one of the listed countries. However, devices conferees are disturbed that during develop- ECONOMIC DEVELOPMENT ASSISTANCE ment of the supplemental funding require- were not included because under current law PROGRAMS devices may be exported to any country after ments, SBA identified $79,000,000 in unspent The conference agreement includes the Secretary determines that the export of prior year funding not previously known to $18,000,000 for emergency expenses related to the device is not contrary to public health SBA. In addition, SBA indicated a shortfall recovery and mitigation efforts associated and the import is permitted into the import- in disaster administrative expenses, even with flooding in the Pacific Northwest and ing country. In addition, the conference though the conferees had already fully fund- other disasters, to remain available until ex- agreement sets forth conditions under which ed SBA’s request for these expenses. The pended and to be available only pursuant to the Secretary may approve the export of a conferees expect disaster funding to be used an official budget request that declares the drug or device which is used for tropical dis- only for the purpose for which it was pro- funds to be emergency. The Senate bill pro- eases or other diseases not of significant vided, and to accurately budget for and ad- posed $25,000,000 for emergency expenses re- prevalence in the United States. To approve minister these funds. sulting from flooding, and $2,500,000 to be an application under this section, the Sec- Therefore, the conferees direct the SBA to transferred to Salaries and Expenses. The retary must find that the medical product provide, not later than May 30, 1996, a report House bill contained no similar provision. will not expose patients to an unreasonable to the House and Senate Appropriations risk of illness or injury and that the prob- NATIONAL OCEANIC AND ATMOSPHERIC Committees on the obligation of administra- able health benefits outweigh the risk of in- ADMINISTRATION tive expenses funding to date in fiscal year jury or illness, taking into account currently CONSTRUCTION 1996, and to provide an updated report on Au- available treatments and their economic ac- The conference agreement includes gust 15, 1996. These reports should identify cessibility. $7,500,000 in emergency funds for the Na- the following: (1) each headquarters’ office In general, a medical product may not be tional Oceanic and Atmospheric Administra- receiving administrative funding, the total exported under this provision unless it is un- tion’s (NOAA) ‘‘Construction’’ account. The funding provided, and the number of FTE adulterated, accords to the specifications of House bill provided no funds for this purpose; supported: (2) the total funding and FTE the foreign manufacturer, complies with the the Administration request was $10,000,000. (permanent and temporary) provided to each laws of the importing country, is labeled for These funds are to support the immediate re- field location, the date the field location was export, and is not sold in the U.S. The drug pair of fish hatcheries along the Columbia established, the expected duration of em- or device must be manufactured in substan- River which experienced severe damage from ployment for temporary employees for each tial conformity with good manufacturing the recent flooding in the Northwest. location, and the expected termination date practices applicable to that specific product The conferees note that the National Ma- for each location; and (3) the total loan vol- or else be in compliance with recognized rine Fisheries Service funds the Mitchell Act ume by location. H4282 CONGRESSIONAL RECORD — HOUSE April 30, 1996 CHAPTER 3 charges for the Flint Creek Project in Mon- the Senate instead of $4,242,000 as proposed DEPARTMENT OF DEFENSE—CIVIL tana. by the House. Of this amount, $758,000 is con- tingent upon receipt of a budget request that DEPARTMENT OF THE ARMY CHAPTER 4 includes a Presidential designation of such FOREIGN OPERATIONS, EXPORT FINANCING, AND CORPS OF ENGINEERS—CIVIL amount as an emergency requirement as de- RELATED PROGRAMS GENERAL INVESTIGATIONS fined in the Balanced Budget and Emergency FUNDS APPROPRIATED TO THE PRESIDENT The conference agreement includes lan- Deficit Control Act of 1985, as amended. UNANTICIPATED NEEDS guage contained in section 3007 of the Senate OREGON AND CALIFORNIA GRANT LANDS bill to permit the Secretary of the Army to UNANTICIPATED NEEDS FOR DEFENSE OF ISRAEL An additional $35,000,000 in emergency sup- utilize funds previously appropriated for the AGAINST TERRORISM plemental appropriations for Oregon and St. Louis Harbor, Missouri, project for the The conference agreement provides California Grant Lands is made available as Upper Mississippi River and Illinois Water- $50,000,000 for emergency expenses necessary proposed by the Senate instead of $19,548,000 way navigation study. The conferees agree to meet unanticipated needs for the acquisi- as proposed by the House. Of this amount, that they will work to restore funds to the tion and provision of goods, services, and/or $15,452,000 is contingent upon receipt of a St. Louis Harbor project in the future as grants for Israel necessary to support the budget request that includes a Presidential needed. eradication of terrorism in and around Israel designation of such amount as an emergency OPERATION AND MAINTENANCE, GENERAL as proposed by the Senate. The conferees fur- requirement as defined in the Balanced The conference agreement includes ther agree that none of the funds appro- Budget and Emergency Deficit Control Act $30,000,000, the same as the budget request, priated in this paragraph shall be made of 1985, as amended. available except through the regular notifi- for the repair of damages to Corps of Engi- UNITED STATES FISH AND WILDLIFE SERVICE neers projects caused by severe flooding in cation procedures of the Committee on Ap- the Northeast and Northwest as proposed by propriations. The conferees expect the aid to RESOURCE MANAGEMENT the House and the Senate. The conferees be provided consistent with information An additional $1,600,000 in emergency sup- have also agreed to adopt the language con- transmitted to the Committees on Appro- plemental appropriations for Resource Man- tained in the House bill. priations in a classified document on March agement is made available as proposed by 25, 1996. The House bill contained no similar FLOOD CONTROL AND COASTAL EMERGENCIES the Senate instead of no funding as proposed provision. by the House. The entire amount is contin- The conference agreement includes MILITARY ASSISTANCE gent upon receipt of a budget request that $135,000,000, the same as the budget request includes a Presidential designation of such and the amount proposed by the House and FOREIGN MILITARY FINANCING PROGRAM amount as an emergency requirement as de- the Senate, for the Corps of Engineers to re- The conference agreement provides fined in the Balanced Budget and Emergency pair damage to non-Federal levees and other $70,000,000 for grant Foreign Military Financ- Deficit Control Act of 1985, as amended. flood control works located in states affected ing for Jordan as proposed by both the House by the Northeast and Northwest floods of and Senate. The conference agreement also CONSTRUCTION 1996 and other natural disasters, and to re- provides that such funds may be used for An additional $37,300,000 in emergency sup- plenish funds transferred from other ac- Jordan to finance transfers by lease of de- plemental appropriations for Construction is counts for emergency work pursuant to the fense articles under chapter 6 of the Arms made available as proposed by the Senate in- authority of the Secretary of the Army con- Export Control Act. These funds will be used stead of $20,505,000 as proposed by the House. tained in Public Law 84–99. The conferees to support the transfer of 16 F–16 fighter air- Of this amount, $16,795,000 is contingent upon have also agreed to adopt the language con- craft to the Government of Jordan. The con- receipt of a budget request that includes a tained in the House bill. ferees also note that the overall downsizing Presidential designation of such amount as of the U.S. defense industry is costing thou- DEPARTMENT OF THE INTERIOR an emergency requirement as defined in the sands of American defense-related jobs. The Balanced Budget and Emergency Deficit BUREAU OF RECLAMATION conferees therefore direct the Department of Control Act of 1985, as amended. CONSTRUCTION PROGRAM Defense to give priority consideration to The managers have neither agreed to bill The conference agreement includes American defense firms in awarding con- language, proposed by the Senate, earmark- $9,000,000, the same as the budget request and tracts for upgrades and other major improve- ing specific funds for Devils Lake, ND nor to the amount proposed by the House and the ments to these aircraft prior to their deliv- report language earmarking funds for other Senate, for the Bureau of Reclamation to ery to the Government of Jordan. locations. The Service should carefully con- continue emergency repairs at Folsom Dam CHAPTER 5 sider the needs at Devils Lake, ND and at in California. The conferees have also agreed DEPARTMENT OF THE INTERIOR AND RELATED Kenai, AK as it allocates funds. to delete funding requested by the President AGENCIES NATIONAL PARK SERVICE and proposed by the Senate for the payment Agency Priorities. The managers have not of claims associated with flooding in March CONSTRUCTION agreed to statutory language, proposed by of 1995 in California’s San Joaquin Valley. An additional $47,000,000 in emergency sup- the Senate in section 1203 of Title II, chapter plemental appropriations for Construction is DEPARTMENT OF ENERGY 12, which would have mandated the alloca- made available as proposed by the Senate in- ATOMIC ENERGY DEFENSE ACTIVITIES tion of emergency supplemental funds based stead of $33,601,000 as proposed by the House. on agency prioritization processes. The man- OTHER DEFENSE ACTIVITIES Of this amount, $13,399,000 is contingent upon agers understand that the initial estimates The conference agreement includes an ad- receipt of a budget request that includes a of emergency requirements that have been ditional $15,000,000 to accelerate activities in Presidential designation of such amount as provided are based on very preliminary infor- the Materials Protection, Control and Ac- an emergency requirement as defined in the mation and that those initial estimates, be- counting program to improve facilities and Balanced Budget and Emergency Deficit cause of time constraints, may not have in- institute national standards to secure stock- Control Act of 1985, as amended. piles of weapons usable fissible materials in cluded every project which needs to be ad- UNITED STATES GEOLOGICAL SURVEY Russia and the Newly Independent States. dressed. The managers expect each agency to No similar provision was included in the develop on-the-ground estimates of all its SURVEYS, INVESTIGATIONS, AND RESEARCH House bill, the Senate bill, or the budget re- natural disaster related needs and to address An additional $2,000,000 in emergency sup- quest. these needs consistent with agency prior- plemental appropriations for Surveys, Inves- ities. POWER MARKETING ADMINISTRATIONS tigations, and Research is made available as Contingent Appropriations. The availability proposed by the Senate instead of $1,176,000 CONSTRUCTION, REHABILITATION, OPERATION of those portions of the appropriations de- as proposed by the House. Of this amount, AND MAINTENANCE, WESTERN AREA POWER tailed in this chapter that are in excess of $824,000 is contingent upon receipt of a budg- ADMINISTRATION the Administration’s budget request for et request that includes a Presidential des- (TRANSFER OF FUNDS) emergency supplemental appropriations are ignation of such amount as an emergency re- The conference agreement provides for the contingent upon receipt of a budget request quirement as defined in the Balanced Budget transfer of $5,500,000 from this account to the that includes a Presidential designation of and Emergency Deficit Control Act of 1985, account ‘‘Operation and Maintenance, Alas- such amounts as emergency requirements as as amended. defined in the Balanced Budget and Emer- ka Power Administration’’, as proposed by CHAPTER 6 the House bill and budget request, only for gency Deficit Control Act of 1985, as amend- necessary termination expenses of the Alas- ed. DEPARTMENT OF DEFENSE ka Power Administration. The Senate bill DEPARTMENT OF THE INTERIOR MILITARY CONSTRUCTION did not contain this provision. BUREAU OF LAND MANAGEMENT NORTH ATLANTIC TREATY ORGANIZATION FEDERAL ENERGY REGULATORY COMMISSION CONSTRUCTION AND ACCESS SECURITY INVESTMENT PROGRAM The conference agreement deletes lan- An additional $5,000,000 in emergency sup- The conference agreement includes an ad- guage contained in section 3017 of the Senate plemental appropriations for Construction ditional $37,500,000 for the NATO Security In- bill providing for a limited waiver of annual and Access is made available as proposed by vestment Program, as provided in both the April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4283 House and Senate bills. In addition, the con- effective approach is to incorporate this new ECRC managerial responsibility to the Dep- ference agreement includes rescissions total- technology into Aegis destroyers while under uty Under Secretary of Defense for Logistics ing $37,500,000 to offset this additional appro- construction rather than to retrofit Aegis be accomplished expeditiously under the priation, as explained in Title III of this re- cruisers. The conferees therefore direct the overall program guidance expressed in the port. Under Secretary of Defense (Comptroller) to FY 1996 Defense Appropriations conference GENERAL PROVISION submit a fiscal year 1996 transfer of $3,000,000 report. The conferees agree to language proposed from ‘‘Other Procurement, Navy’’ to Ship- GENERAL PROVISIONS by the Senate which gives the Secretary of building and Conversion, Navy’’ using stand- GENERAL TRANSFER AUTHORITY the Army discretionary authority to convey ard reprogramming procedures. Section 2701 of the conference agreement approximately five acres of land in Hale RESEARCH, DEVELOPMENT, TEST AND amends both House and Senate provisions re- County, Alabama. The House bill contained EVALUATION garding the amount of additional transfer no similar provision. BALLISTIC MISSILE DEFENSE MANAGEMENT authority provided under Section 8005 of the CHAPTER 7 AND SUPPORT Department of Defense Appropriations Act for Fiscal Year 1996, by providing $700,000,000 DEPARTMENT OF DEFENSE—MILITARY The conferees note that a total increase to the budget of $528,939,000 was provided for in additional transfer authority. The con- SUPPLEMENTAL APPROPRIATIONS ferees direct that the additional transfer au- Ballistic Missile Defense programs in the De- The House recommended a total of thority provided herein shall be available partment of Defense Appropriations Act, $782,500,000, designated as emergency appro- only to the extent funds are transferred, or 1996. This total included a recommendation priations pursuant to the Budget Act, for ad- have been transferred during the current fis- contained in the National Defense Author- ditional incremental U.S. military costs as- cal year to cover costs associated with Unit- ization Act, 1996, which cut $30,000,000 from sociated with the Bosnia operation, includ- ed States military operations in support of the Ballistic Missile Defense Organization’s ing the NATO-led Peace Implementation the NATO-led Peace Implementation Force (BMDO) Program Management and Support Force (IFOR) and Operation Deny Flight. (IFOR) in and around the former Yugoslavia. program element. The Senate recommended $777,700,000 in new In executing the additional tasks and re- F–15E AIRCRAFT appropriations, none of which were des- sponsibilities required by the fiscal year 1996 The conference agreement includes a tech- ignated emergency. The House and Senate program funding increases, it has become nical amendment (Section 2702) requested by each fully offset their respective supple- clear that the burden on the BMDO Program the Department of Defense and contained in mental funding through rescissions of funds Management and Support program element the Senate bill, which is needed to permit previously provided in Department of De- has actually increased. To minimize this im- the obligation of funding which was both au- fense Appropriations Acts. pact, Congressional action to date in pro- thorized and appropriated in fiscal year 1996 The conference agreement provides a total posed reprogrammings and rescissions has for the procurement and advance procure- of $820,000,000, all designated as emergency rejected the application of any inflation re- ment of F–15E aircraft. appropriations. This amount is fully offset ductions to BMDO accounts. This bill in- C–17 MULTIYEAR PROCUREMENT by rescissions contained in Title III, Chapter cludes a provision which further prohibits The conferees strongly support the 6 of the conference agreement. A summary of the application of any portion of the pro- multiyear procurement of eighty C–17 ad- the conference agreement by appropriations posed inflation reductions against BMDO vanced transport aircraft and have agreed to account is as follows: program elements. bill language (Section 2703) authorizing the [Dollars in thousands] However, these restorations still leave Air Force to begin a seven-year multiyear BMDO with the challenge of managing ac- program. Con- Account Request House Senate ference tivities in the appropriate program elements However, the conferees also agree that ad- Therefore, the conferees hereby restore the ditional savings potentially can be generated Military Personnel: $30,000,000 reduction made to the Program from an accelerated multiyear procurement Army ...... 244,400 262,200 244,400 257,200 Navy ...... 11,700 11,800 11,700 11,700 Management and Support program element. of the C–17 over six program years. There- Marine Corps ...... 2,600 2,700 2,600 2,600 BMDO shall internally manage this restora- fore, Section 2703 also directs the Secretary Air Force ...... 27,300 33,700 27,300 27,300 tion by reallocating funds preciously identi- of Defense to enter into negotiations with Total ...... 286,000 310,400 286,000 298,800 Operation and Maintenance: fied as excess because of decreased inflation the C–17 aircraft and engine prime contrac- Army ...... 48,200 235,200 195,000 241,500 estimates. The inflation decreases shall be tors for contract alternatives for multiyear Marine Corps ...... 900 900 900 900 applied proportionally to each BMDO procurement over a six-year period. Air Force ...... 141,600 130,200 190,000 173,000 The conference agreement prevents the ex- Defense-wide ...... 79,800 79,800 79,800 79,800 RDT&E program element and project. The Total ...... 270,500 446,100 465,700 495,200 Director, BMDO, shall provide the congres- ercise of the multiyear authority until the Procurement: sional defense committees a statement de- Secretary of Defense certifies that the Air Other Procurement, Air Force 26,000 26,000 26,000 26,000 Force will save more than 5 percent in the Grand Total ...... 582,500 782,500 777,700 820,000 tailing the specific decreases as applied to all program elements. price for eighty C–17 aircraft under a multiyear contract as compared to annual MILITARY PERSONNEL DEFENSE ADVANCED RESEARCH PROJECTS lot procurement. The savings must exceed The conference agreement recommends a AGENCY the total amount of $895.3 million shown in total of $298,800,000 for costs of active and re- The conferees direct that $500,000 of the the ‘‘Multiyear Procurement Criteria Pro- serve military personnel pay and allowances. funds provided for the Defense Advanced Re- gram: C–17’’ document submitted to the Ap- The conferees believe they have met the search Projects Agency may be available to propriations Committees on February 29, most urgent military personnel require- purchase photographic technology to support 1996. ments for the Bosnia operation, and expect research in detonation physics. The director In calculating the savings from the the Department to keep the Committees on of Defense Research and Engineering shall multiyear proposals, the conferees direct Appropriations advised of any revisions to provide the congressional defense commit- that the weapon system budget estimates these estimates. tees with a plan for the acquisition and use submitted with the C–17 multiyear procure- OPERATION AND MAINTENANCE of this instrument no later than may 29, 1996. ment exhibits be used as the baseline. The The Department of Defense requested a JOINT DOD–DOE MUNITIONS TECHNOLOGY conferees also direct that in conjunction total of $270,500,000 for operation and mainte- DEVELOPMENT with the certification required by section nance to fund the incremental costs of U.S. The conferees direct that $2,000,000 of the 2703(c) of the C–17 multiyear bill language, participation in the NATO-led Bosnia Peace fiscal year 1996 funds allocated to the Joint the Secretary of Defense shall submit a new Implementation Force (IFOR). The conferees DOD–DOE Munitions Technology Develop- multiyear justification exhibit package recommend $495,200,000, an increase of ment program element shall be used to de- which reflects the additional savings $224,700,000 above the supplemental request, velop and test an open-architecture machine achieved over the original multiyear pro- to provide for additional requirements of the tool controller. posal submitted by the Administration. Army and the Air Force. The conferees believe that the seven-year ELECTRONIC COMMERCE RESOURCE CENTERS PROCUREMENT authority should enable the Air Force to The FY 1996 Defense Appropriations con- generate savings significantly in excess of COMPOSITE SHAFT FAIRWATERS ference agreement directed the transfer of the $895.3 million reflected in the original The Department of Defense Appropriations the managerial responsibility for the Elec- multiyear proposal. It is the conferees’ in- Act for Fiscal Year 1996 contained $3,000,000 tronic Commerce Resource Centers program tent that the additional savings should be re- in ‘‘Other Procurement, Navy’’ for procure- to the Defense Logistics Agency. Informa- alized from multiyear contracts currently ment of composite shaft fairwaters for CG–47 tion from the Department has subsequently being negotiated. In addition, the conferees cruisers. The Navy recently conducted test- come to the conferees’ attention indicating believe that a six-year multiyear plan has ing of composite shaft fairwaters and dem- that the next implementation stage for this the potential to generate even greater sav- onstrated extended life, reduced mainte- program can best be accomplished under the ings. nance, and improved capability for removing direction of Deputy Under Secretary of De- The conferees also agree to provisions de- fairwaters while a ship is waterborne. The fense for Logistics. The conferees endorse laying the exercise of the multiyear author- Navy concluded, however, that the most-cost such action and direct that a transfer of ity to the earlier of May 24, 1996, or the day H4284 CONGRESSIONAL RECORD — HOUSE April 30, 1996 after enactment of a subsequent Act author- COUNTER-DRUG SUPPORT Hannibal, Missouri, from limitation set izing entry into a C–17 multiyear contract. Section 2711 of the conference agreement asides for discretionary programs or limita- The Secretary of Defense also is required to authorizes the Department to make grants tion on general operating expenses for fiscal provide a detailed program plan for a six- to local counternarcotic task forces in a high year 1996. The provision further requires res- year multiyear procurement by May 24, 1996. crime, low income area under its Counter toration of that limitation before any funds SEMATECH Drug program to provide Kevlar vests for en- made available for the August redistribution Section 2704 of the conference agreement hanced personal protection. prescribed in section 310 of Public Law 104–50 may be distributed. This provision shall not amends a Senate amendment and provides HAVE GAZE $50,000,000 for SEMATECH. This amount is affect the federal-aid bonus limitation pro- In section 2712 the conferees have rec- vided by section 310. The Senate bill con- fully offset by rescissions in Title III, Chap- ommended language to clarify Section 8105 ter 6 of the conference report. tained a provision that advances emergency of Public Law 104–61 with respect to the use relief funds to the State of Missouri for the OVERSEAS HUMANITARIAN, DISASTER, AND of fiscal year 1995 funds appropriated for this replacement in kind of the Hannibal bridge CIVIC AID Air Force RDT&E program. on the Mississippi River. The House bill con- The conference agreement includes Section DEPARTMENT OF TRANSPORTATION tained no similar provision. 2705, as proposed by the Senate, which pro- OFFICE OF THE SECRETARY The conference agreement includes a pro- vides authority to transfer up to $15,000,000 vision that permits the state of Vermont to PAYMENTS TO AIR CARRIERS in support of specific activities associated use up to $3,500,000 of the discretionary with humanitarian assistance activities re- (AIRPORT AND AIRWAY TRUST FUND) grants identified in the conference agree- lated to landmines. The conference agreement includes lan- ment accompanying Public Law 104–50 pro- ENVIRONMENTAL RESTORATION ACTIVITIES guage that limits obligations from the air- vided to the state and the marble Valley Re- Section 2706 of the conference agreement port and airway trust fund to $22,600,000 for gional Transit District for improvements to amends a Senate provision making $15,000,000 payments to air carriers, as proposed by the support commuter rail operations on the of ‘‘Operation and Maintenance, Army’’ Senate. The House bill contained no similar Clarendon-Pittsford rail line between White funding available in order to complete the provision. Hall, New York, and Rutland, Vermont. The Army’s remaining environmental remedi- This limitation permits the obligation of Senate bill allowed the State of Vermont to ation activities in recognition of its 1988 general fund carryover balances to pay out- obligate funds apportioned to the state under agreement with National Presto Industries, standing commitments in fiscal year 1996. the surface transportation and congestion Inc. FEDERAL HIGHWAY ADMINISTRATION mitigation and air quality improvement pro- grams for railroad capital and/or operating DISCHARGE OF HIV-POSITIVE SERVICEMEMBERS FEDERAL-AID HIGHWAY expenses. The House bill contained no simi- Section 2707 of the conference agreement (HIGHWAY TRUST FUND) includes a Senate provision regarding the lar provision. The conference agreement appropriates discharge of HIV-positive servicemembers. The conference agreement includes lan- $300,000,000 for the emergency fund to cover guage that provides the administrator of the B–52 FORCE STRUCTURE expenses resulting from the flooding in the Federal Aviation Administration discretion Section 2708 of the conference agreement Mid-Atlantic, Northeast, and Northwest to take into consideration unique cir- amends a Senate provision and adds states, and other disasters, as proposed by cumstances in the State of Alaska when $44,900,000 to ‘‘Operation and Maintenance, the Senate instead of $267,000,000 as proposed making certain changes to specified regula- Air Force’’ for the operation and mainte- by the House. tions, effective until June 1, 1997. The House nance of 94 B–52H bomber aircraft in active The conference agreement waives the pro- and Senate bills contained no similar provi- status or in attrition reserve. This amount is visions of 23 U.S.C. 125(b)(1), which limit ob- sion. fully offset by rescissions in Title III, Chap- ligations to a single state resulting from a The conference agreement includes a pro- ter 6 of the conference report. The conferees single natural disaster to $100,000,000, as pro- vision that specifies that the unobligated express their intent to not recommend addi- posed by the Senate. The House bill con- funds provided for the Chicago central area tional funding for B–52 aircraft in excess of tained no similar provision. circulator project in Public Law 103–122 and the Air Force’s stated requirements unless FEDERAL RAILROAD ADMINISTRATION Public Law 103–331 be available only for con- the Air Force revises its bomber force inven- structing a 5.2-mile light rail loop within the tory estimates. LOCAL RAIL FREIGHT ASSISTANCE downtown Chicago business district as de- MINE COUNTERMEASURES The conference agreement deletes the Sen- scribed in the full funding grant agreement Section 2709 of the conference agreement ate appropriation of $10,000,000 to repair and signed on December 15, 1994, and shall not be includes an additional $10,000,000 for Shallow rebuild rail lines of other than class I rail- available for any other purpose. The House Mine Countermeasure Demonstrations. This roads damaged as a result of the floods of and Senate bills contained no similar provi- restores a general reduction made to this ac- 1996. The House bill contained no similar ap- sion. count earlier in fiscal year 1996. These addi- propriation. DEPARTMENT OF THE TREASURY tional funds are fully offset by rescissions in FEDERAL TRANSIT ADMINISTRATION DEPARTMENTAL OFFICES Title III, Chapter 6 of the conference report. MASS TRANSIT CAPITAL FUND SALARIES AND EXPENSES The conferees believe the navy has recently (LIQUIDATION OF CONTRACT AUTHORIZATION) Deletes provision proposed by the Senate presented a more compelling strategy for de- as part of the Administration’s initiative to veloping countermine warfare technology (HIGHWAY TRUST FUND) combat middle eastern terrorism, which in- centered around a joint exercise with Army, The conference agreement includes an ap- cluded $3,000,000 for the Office of Foreign As- Navy, and Marine Corps forces of the U.S. propriation of $375,000,000 to liquidate con- sets Control. Atlantic Command in 1998. The additional tract authority obligations for mass transit funds provided in the conference agreement capital programs as proposed by both the UNITED STATES CUSTOMS SERVICE will enable the Navy to test a number of House and Senate. CUSTOMS SERVICES AT SMALL AIRPORTS promising technologies that would otherwise RELATED AGENCIES Deletes provision in P.L. 104–52 capping miss the 1998 exercise completely or else be PANAMA CANAL COMMISSION collections for Customs services at small air- demonstrated at less than full scale. The ports at $1,406,000 as proposed by the House. PANAMAA CANAL REVOLVING FUND Navy has indicated that it plans to use The Senate had no comparable provision. The conference agreement increases the $5,000,000 to allow the Advanced Lightweight INTERNAL REVENUE SERVICE Influence Sweep System to be tested in the limitation on administrative expenses of the ADMINISTRATIVE PROVISIONS—INTERNAL 1998 exercise with a full scale magnet, and Panama Canal Commission by $2,000,000, to REVENUE SERVICE $5,000,000 would be used for the Explosive be derived from the Panama Canal revolving Neutralization Advanced Technology Dem- fund, as proposed the House. The Senate bill Amends P.L. 104–52 by adding a new provi- onstration and Advanced Degaussing. contained no similar provision. sion which sets a floor on the level of serv- ice, staffing, and funding for IRS taxpayer GENERAL PROVISIONS ARMY MEDICAL RESEARCH service operations as proposed by the House. Section 2710 of the conference agreement The conference agreement deletes the Sen- The Senate had no comparable provision. transfers $8,000,000 of previously appro- ate provision that allows $3,250,000 of the EXECUTIVE OFFICE OF THE PRESIDENT AND priated ‘‘Defense Health Program’’ funds to Federal Transit Administration’s discre- FUNDS APPROPRIATED TO THE PRESIDENT the ‘‘Research, Development, Test and Eval- tionary grants program for Kauai, Hawaii, to uation, Army’’ account in order to continue be used for operating expenses. The House OFFICE OF NATIONAL DRUG CONTROL POLICY research of neurofibromatosis. The Army has bill contained no similar provision. SALARIES AND EXPENSES an ongoing successful research program in The conference agreement includes a pro- Provides that $1,000,000 of the amounts this area. This makes a technical clarifica- vision that requires the Federal Highway Ad- available to the Counter-Drug Technology tion to the designation for this activity in ministration to make available up to Assessment Center shall be used for con- the Fiscal Year 1996 Defense Appropriations $28,000,000 in federal-aid obligation limita- ferences on model State drug laws as pro- conference agreement and involves no addi- tion to the State of Missouri to make obliga- posed by the House. The Senate had no com- tional funds. tions for construction of a new bridge in parable provision. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4285

Appropriates an additional $3,400,000 for ministers in connection with the obligation ADDITIONAL SUPPLEMENTAL APPROPRIATIONS the salaries and expenses of the Office of Na- of funds for domestic assistance. The Sec- On April 12, 1996, the President forwarded tional Drug Control Policy as requested by retary may also specify alternative require- to the Congress a supplemental appropria- the Administration, instead of no additional ments to the statutes or regulation being tions request for various counter-drug pro- funding as proposed by the House and waived. Civil rights, fair housing and non- grams. The conferees express their intent to $3,900,000 as proposed by the Senate. This discrimination, the environment, and labor fund these additional requirements in the will provide resources for an additional 80 standards statutes and regulations could not fiscal year 1997 appropriations process. full-time equivalent positions and overhead be waived. The Secretary must find that the TITLE III—RESCISSIONS AND OFFSETS expenses for 30 military detailees, raising waiver is required to facilitate the obliga- the complement of ONDCP to 154 positions tion of the assistance and would not be in- CHAPTER 1 by the end of the fiscal year. consistent with the statue or regulation ENERGY AND WATER DEVELOPMENT ONDCP has a strategic mission: to aid and being waived. The House bill contained no SUBCHAPTER A—UNITED STATES ENRICHMENT oversee operational agencies in coordinating similar provision. CORPORATION PRIVATIZATION the national drug control policy. The Con- This provision has been included in past The conference agreement includes lan- gress never intended ONDCP to become an disaster appropriations bills. The managers guage contained in the Senate bill authoriz- operational entity, but instead to formulate, expect this provision to be implemented in a ing the Board of Directors of the United direct, and oversee the implementation of manner similar to past practices and only in States Enrichment Corporation to transfer the annual drug control strategy using the those cases where not waiving the statutes the interest of the United States in the Unit- expertise of line agencies. The conferees are or regulations would cause unnecessary and ed States Enrichment Corporation to the pri- concerned that a rapid expansion in staffing significant delays in assistance. vate sector. that is not carefully thought out will result PRIORITIES OF ALLOCATION OF EMERGENCY SUBCHAPTER B—BONNEVILLE POWER in ONDCP duplicating the functions of al- FUNDS ready existing programs and agencies. ADMINISTRATION REFINANCING To ensure that this does not occur, the The conference agreement deletes a provi- The conference agreement includes lan- conferees direct the Director of ONDCP to sion proposed by the Senate that funds for guage contained in section 3003 of the Senate submit a detailed staffing plan to the House emergency or disaster assistance programs bill regarding refinancing of Bonneville and Senate Committees on Appropriations for USDA, HUD, EDA, SBA, the National Power Administration debt. Park Service and the U.S. Fish and Wildlife within 30 days of enactment of this legisla- CHAPTER 2 tion. Such plan shall include an organiza- Service could be allocated in accordance FOREIGN OPERATIONS, EXPORT FINANCING, AND tional chart, a detailed description of the with the prioritization process of the respec- RELATED PROGRAMS function of each component of the office, and tive department. The House bill contained no a detailed description of the duties associ- similar provision. EXPORT AND INVESTMENT ASSISTANCE ated with each position. In developing this conference agreement, EXPORT-IMPORT BANK OF THE UNITED STATES the managers have carefully developed the GENERAL PROVISIONS SUBSIDY APPROPRIATION priority considerations for funding the var- COMMISSION ON RESTRUCTURING THE INTERNAL ious activities included in it. For the most (RESCISSION) REVENUE SERVICE part, there are no restricting allocations im- The conference agreement rescinds Includes a provision which increases, by posed in this conference agreement on the $42,000,000 of the unobligated balances avail- four, the membership of the Commission on funding provided for disaster assistance. Pri- able under this heading instead of $41,000,000 Restructuring the Internal Revenue Service orities on allocations have only been im- as proposed by the House. The Senate had as proposed by the Senate. The House had no posed where specific concerns needed to be proposed a rescission of $25,000,000 from funds comparable provision. addressed. Because these matters were ad- made available under this heading in Public CHAPTER 10 dressed on a case by case basis, the general Law 104–107. DEPARTMENTS OF VETERANS AFFAIRS provision has been deleted. CHAPTER 3 AND HOUSING AND URBAN DEVELOP- DISASTER ASSISTANCE OFFSETS DEPARTMENT OF THE INTERIOR AND RELATED MENT AND INDEPENDENT AGENCIES The conference agreement deletes a provi- AGENCIES DEPARTMENT OF HOUSING AND URBAN sion proposed by the Senate that the con- DEPARTMENT OF ENERGY DEVELOPMENT ference agreement should include sufficient STRATEGIC PETROLEUM RESERVE COMMUNITY PLANNING AND DEVELOPMENT reductions and savings to offset the funding provided for disaster assistance. The House The managers have agreed to sell COMMUNITY DEVELOPMENT GRANTS bill, which did include offsets for disaster $227,000,000 worth of oil from the Weeks Is- The Conferees agree to provide $50,000,000 funding, contained no similar provision. land site of the Strategic Petroleum Reserve for the Department of Housing and Urban Since this conference agreement does in- (SPR). The Weeks Island site in Louisiana is Development Community Development clude the necessary offsets, this provision currently being decommissioned and the oil Block Grant Program for emergency activi- has been complied with and is no longer nec- is being relocated to other SPR locations be- ties related to recent Presidentially declared essary. cause of a water intrusion problem. This sale flood disasters. is proposed to offset partially additional BUDGET TREATMENT OF DISASTER ASSISTANCE FEDERAL EMERGENCY MANAGEMENT funding provided for high priority education AGENCY DISASTER RELIEF The conference agreement deletes a provi- programs identified by the Administration. sion proposed by the Senate to have Con- To pay for decommissioning of the site, 5.1 (INCLUDING TRANSFER OF FUNDS) gress address the manner in which disaster million barrels of the 70 million barrels of The conference agreement includes lan- assistance is provided and develop a long- Weeks Island oil have already been sold in guage allowing up to $104,000,000 by transfer term funding plan for the budget treatment fiscal year 1996. An additional 12 million to from the disaster relief account to the disas- of disaster assistance funding. The House bill 15 million barrels will need to be sold to real- ter assistance direct loan program account contained no similar provision. ize $227 million in revenues. for the cost of direct loans as authorized by This matter has been reviewed several CHAPTER 4 section 417 of the Stafford Act. Language is times, and the managers agree that another DEPARTMENTS OF LABOR, HEALTH AND HUMAN included which limits community disaster review and analysis would only delay any de- SERVICES, AND EDUCATION loan authority to $119,000,000, requires that cision on possible changes in how the budget the Director of FEMA certify that the provi- treatment of these type appropriations is DEPARTMENTS OF HEALTH AND HUMAN sions of section 417 of the Stafford Act will handled. The conferees agree that the results SERVICES be complied with and requires that the en- of previous analyses should be considered as The conference agreement includes a pro- tire amount of this transfer is available only future budget resolutions are developed to vision as proposed by the Senate rescinding to the extent that an official budget request see if any changes might be warranted. funding available but unclaimed by States for a specific dollar amount is forwarded to RESTRICTION ON EXPENDITURES under the Job Opportunities and Basic Skills the Congress. The Conferees fully expect program. that these terms be complied with in an ex- The conference agreement deletes a provi- DEPARTMENT OF EDUCATION peditious manner so as to release necessary sion proposed by the Senate that would have loan funds to meet known emergency disas- restricted non-defense expenditures to cer- The conference agreement includes a pro- ter needs of the Virgin Islands. tain fixed amounts if the funds in this con- vision that was not included in either the ference agreement and other previous Acts House or Senate bill reducing the amount of GENERAL PROVISIONS would cause these amounts to be exceeded. new funding for the Pell Grant program by WAIVER OF STATUTES OR REGULATIONS FOR The House bill contained no similar provi- $53,446,000. Because of the substantial ASSISTANCE sion. amount of funding carrying forward in FY The conference agreement retains a provi- Because the funding included in this con- 1996 from previous appropriations, this re- sion proposed by the Senate allowing the ference agreement is either within the duction will not reduce the amount of fund- Secretary of any department to waive any spending limits or is offset herein, this provi- ing actually expended for Pell Grants in FY statute or regulation that the Secretary ad- sion is no longer necessary. 1996. H4286 CONGRESSIONAL RECORD — HOUSE April 30, 1996 The conference agreement does not include RESCISSIONS—Continued CHAPTER 9 a general provision proposed by the Senate [Dollars in thousands] DEPARTMENTS OF VETERANS AFFAIRS (section 3014) that expressed the sense of the AND HOUSING AND URBAN DEVELOP- Senate with respect to funding for the Low Con- MENT AND INDEPENDENT AGENCIES Appropriation House Senate ference Income Home Energy Assistance Program FEDERAL EMERGENCY MANAGEMENT (LIHEAP). Research, Development, Test and Eval- AGENCY MILITARY CONSTRUCTION uation, Defense-wide 1996/1997 ..... 20,300 14,500 40,600 DISASTER RELIEF (RESCISSIONS) Grand Total ...... 890,000 870,000 994,900 (RESCISSION) The conference agreement rescinds a total The conferees have proposed a rescission of of $37,500,000 from funds appropriated for fis- CHAPTER 7 $1,000,000,000 of disaster relief funds to help cal year 1996 (Public Law 104–32), instead of DEPARTMENT OF TRANSPORTATION off-set appropriations levels provided in H.R. no rescissions as proposed by both the House 3019. Such disaster funds were provided in and the Senate. The conferees agree to re- FEDERAL AVIATION ADMINISTRATION the disaster relief and disaster relief contin- scind the following sums from the following GRANTS-IN-AID FOR AIRPORTS gency fund accounts in Public Law 104–19. accounts: The conferees expect that this rescission (AIRPORT AND AWAY TRUST FUND) Military Construction, will leave the Federal Emergency Manage- Army ...... $6,385,000 (RESCISSION OF CONTRACT AUTHORIZATION) ment Agency approximately $1,300,000,000 Military Construction, short of known or expected requirements by The conference agreement includes a re- the end of fiscal year 1997. As such, it is ex- Navy ...... 6,385,000 scission of $664,000,000 in contract authority pected that FEMA will request an appro- Military Construction, Air from the grants-in-aid for airports program priate supplemental budget request to meet Force ...... 6,385,000 as proposed by the Senate. The rescission of necessary requirements at an early point Military Construction, De- contract authority applies to those funds during fiscal year 1997. fense-wide ...... 18,345,000 that are not available for obligation due to CHAPTER 10 annual limits on obligations. The House bill Total ...... 37,500,000 contained no similar rescission. DEBT COLLECTION IMPROVEMENTS The conferees agree to rescissions in the The conferees have agreed to include and FEDERAL HIGHWAY ADMINISTRATION Army, Navy, and Air Force accounts in order amend a provision proposed by the Senate to bring the fiscal year 1996 appropriation HIGHWAY-RELATED SAFETY GRANTS which addresses debt collection improve- ments, instead of no provision as proposed by amounts into conformance with authoriza- (HIGHWAY TRUST FUND) tion. The conferees emphasize that the con- the House. The conferees have modified the struction programs funded by these accounts (RESCISSION OF CONTRACT AUTHORIZATION) provision so that it more closely resembles will not be changed by these rescissions, and The conference agreement includes a re- the Debt Collection Improvement Act of 1995, that no project will be reduced in scope or scission of $9,000,000 in contract authority as developed by the Government Reform and canceled. from highway-related safety grants. The re- Oversight Committee of the House of Rep- resentatives. The conferees have not in- With regard to the ‘‘Military Construction, scission of contract authority applies to cluded language as proposed by the Senate Defense-wide’’ account, the conferees agree those funds that are not available for obliga- which would have permitted non-judicial to the following rescissions: tion due to annual limits on obligations. The foreclosure of mortgages. Energy Conservation In- House and Senate bills contained no similar The conferees direct that the Office of vestment Program ...... $10,000,000 rescission. Management and Budget (OMB) provide co- Planning and Design ...... 8,345,000 MOTOR CARRIER SAFETY GRANTS ordination and oversight for development and implementation of the debt collection Total ...... 18,345,000 (HIGHWAY TRUST FUND) program created by this section. Addition- In the case of the Energy Conservation In- (RESCISSION OF CONTRACT AUTHORIZATION) ally, with regard to the Debt Collection Im- vestment Program, the conferees agree to The conference agreement includes a re- provement Account, the conferees direct the the rescission of $10,000,000 in order to bring scission of $33,000,000 in contract authority OMB to determine the baseline from which the program into conformance with author- from motor carrier safety grants. The rescis- the increased collections are measured over ization, and $40,000,000 remains available for sion of contract authority applies to those the prior fiscal year, taking into account the this program in fiscal year 1996. In the case funds that are not available for obligation recommendations made by the Secretary of the Treasury in consultation with creditor of Planning and Design funds, the conferees due to annual limits on obligations. The agree to the rescission of $8,345,000 which is agencies. House and Senate bills contained no similar The conferees strongly support repayment not required at this time, and $60,492,000 re- rescission. mains available in fiscal year 1996. of delinquent government debt by all those NATIONAL HIGHWAY TRAFFIC SAFETY who can afford to do so. However, the con- DEPARTMENT OF DEFENSE—MILITARY ADMINISTRATION ferees recognize that those who receive fed- RESCISSIONS eral benefits, particularly Social Security HIGHWAY TRAFFIC SAFETY GRANTS The House and Senate bills contained re- benefits, may be dependent upon them for a scissions proposed by the President or trans- (HIGHWAY TRUST FUND) substantial part of their income. In order to fers of previously appropriated Department (RESCISSION OF CONTRACT AUTHORIZATION) avoid unreasonable hardship, the conferees of Defense funding in order to fully offset the insist that any federal debt collection effort new defense appropriations in their respec- The conference agreement includes a re- give full consideration to the financial situa- tive bills. In this chapter, the conferees rec- scission of $56,000,000 in contract authority tion of the individual who may repay the ommend total rescissions of $994,900,000, from highway traffic safety grants. The re- debt. which totally offset the new appropriations scission of contract authority applies to By definition, recipients of Social Security contained in Title II, Chapter 7 of the con- those funds that are not available for obliga- benefits are elderly or totally disabled work- ference report, as well as funds provided for tion due to annual limits on obligations. The ers and their dependents, or the surviving de- the transfer of F–16 aircraft to Jordan in House and Senate bills contained no similar pendents of deceased workers. The conferees Title II, Chapter 4. rescission. intend that in cases where such benefits are A summary of rescissions showing House, INDEPENDENT AGENCIES involved, it is particularly important for the Senate, and conference recommendations by Treasury Department as well as all other Ex- GENERAL SERVICES ADMINISTRATION appropriation account is in the following ecutive Branch organizations involved in de- table: (RESCISSION) veloping regulations to implement this pro- vision, to create regulatory safeguards which The conferees have agreed to rescind separate those debtors who cannot repay RESCISSIONS $3,400,000 from funds made available to the from those who refuse to pay. In particular, [Dollars in thousands] General Services Administration (GSA) for those who have become delinquent because installment acquisition payments instead of of personal hardship, such as debilitating Appropriation House Senate Con- the $3,500,000 rescission as proposed by the ference disability, or death of the breadwinner, and Senate and no rescission as proposed by the who may therefore be unable, rather than Missile Procurement, Air Force 1995/ House. This rescission offsets the $3,400,000 in unwilling, to repay, must be protected if ad- 1997 ...... $310,000 $310,000 $310,000 new budget authority for the Office of Na- Other Procurement, Air Force 1995/ ministrative offset of those benefits would 1997 ...... 265,000 265,000 265,000 tional Drug Control Policy (ONDCP) as dis- cause undue financial hardship. Such safe- Research, Development, Test and Eval- cussed in Chapter 9 of Title II of this Act. uation, Air Force 1995/1996 ...... 245,000 245,000 245,000 guards are critical when benefits such as So- Research, Development, Test and Eval- The conferees have agreed to no rescission cial Security are the sole or major source of uation, Army 1996/1997 ...... 9,750 7,000 19,500 of funds made available to GSA for advance income for the debtor. Research, Development, Test and Eval- design ($200,000) and the U.S. Tax Court The conferees want to ensure that the De- uation, Navy 1996/1997 ...... 17,500 12,500 45,000 Research, Development, Test and Eval- ($200,000) as proposed by the Senate. The partment of the Treasury regulations gov- uation, Air Force 1996/1997 ...... 22,450 16,000 69,800 House did not address this rescission. erning new debt collection procedures will be April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4287 cautiously and thoughtfully implemented, Conference agreement bill (S. 641) to reauthorize the Ryan providing full safeguards for beneficiaries. compared with: White CARE Act of 1990, and for other Recognizing the dependence of those receiv- New budget purposes: ing federal benefits on those benefits, the (obligational) author- conferees direct that the Treasury Depart- ity, fiscal year 1995 ... 5,732,094,939 CONFERENCE REPORT (H. REPT. 104–545) ment limit automatic withholding of bene- Budget estimates of The committee of conference on the dis- fits above the $9,000 annual exemption to a new (obligational) agreeing votes of the two Houses on the reasonable percentage of those benefits, not authority, fiscal year amendments of the House to the bill (S. 641), to exceed 15 percent. Of course, debtors wish- 1996 ...... ¥23,861,423,093 to reauthorize the Ryan White CARE Act of ing to repay more would be free to do so by House bill, fiscal year 1990, and for other purposes, having met, remittance or other voluntary means. 1996 ...... ¥1,923,329,000 after full and free conference, have agreed to The conferees agree that it is particularly Senate bill, fiscal year recommend and do recommend to their re- important to recognize that individual cir- 1996 ...... ¥3,807,835,999 spective Houses as follows: cumstances change and even an individual For consideration of the House Bill (except That the Senate recede from its disagree- with a good repayment record could face a for section 101(c)) and the Senate amendment ment to the amendment of the House to the personal or financial misfortune that makes (except for section 101(d)), and modifications text of the bill and agree to the same with an further repayment difficult, if not impos- committed to conference: amendment as follows: sible. For example, the death of the family BOB LIVINGSTON, In lieu of the matter proposed to be in- breadwinner, despite the payment of survi- JOHN MYERS, serted by the House amendment, insert the vor benefits, could indicate a substantial loss BILL YOUNG, following: of income to a family. To suddenly or exces- RALPH REGULA, SECTION 1. SHORT TITLE. sively reduce a surviving dependent’s bene- JOHN EDWARD PORTER, This Act may be cited as the ‘‘Ryan White fits could further threaten an already precar- HAL ROGERS, CARE Act Amendments of 1996’’. ious economic situation for the affected de- JOE SKEEN, SEC. 2. REFERENCES. pendent. FRANK R. WOLF, Whenever in this Act an amendment is ex- BARBARA VUCANOVICH, CONTINGENT APPROPRIATIONS pressed in terms of an amendment to a sec- JIM LIGHTFOOT, The conference agreement does not include tion or other provision, the reference shall SONNY CALLAHAN, any appropriations which would have been be considered to be made to a section or JAMES T. WALSH, available only on the enactment of subse- other provision of the Public Health Service DAVID R. OBEY, quent legislation that would have credited Act (42 U.S.C. 201 et seq.). LOUIS STOKES, the Committees on Appropriations with suf- TOM BEVILL, SEC. 3. GENERAL AMENDMENTS. ficient savings to offset these appropriations. JOHN P. MURTHA, (a) PROGRAM OF GRANTS.— The House bill and the Senate amendment CHARLES WILSON, (1) NUMBER OF CASES.—Section 2601(a) (42 both contained this type of contingent ap- BILL HEFNER, U.S.C. 300ff–11) is amended— propriations but in different amounts. In lieu ALAN MOLLOHAN, (A) by striking ‘‘subject to subsection (b)’’ of providing any such contingent appropria- For consideration of section 101(c) of the and inserting ‘‘subject to subsections (b) tions the conference agreement includes reg- House bill, and section 101(d) of the Senate through (d)’’; and ular appropriations and offsetting savings amendment, and modifications committed to (B) by striking ‘‘metropolitan area’’ and above the regular appropriations or offset conference: all that follows and inserting the following: amounts in either the House or Senate JOHN EDWARD PORTER, ‘‘metropolitan area for which there has been passed versions of the bill. The additional BILL YOUNG, reported to the Director of the Centers for amount of offsets result in this conference ERNEST ISTOOK, Disease Control and Prevention a cumulative agreement being within the designated DAN MILLER, total of more than 2,000 cases of acquired im- spending limits. JAY DICKEY, mune deficiency syndrome for the most re- ENVIRONMENTAL INITIATIVES FRANK RIGGS, cent period of 5 calendar years for which The conference agreement does not include ROGER F. WICKER, such data are available.’’. a separate title on environmental initiatives BOB LIVINGSTON, (2) OTHER PROVISIONS REGARDING ELIGI- as proposed by the Senate. Instead these is- DAVID R. OBEY, BILITY.—Section 2601 (42 U.S.C. 300ff–11) is sues have been addressed in other parts of LOUIS STOKES, amended by adding at the end thereof the the conference agreement. STENY HOYER, following new subsections: NANCY PELOSI, ‘‘(c) REQUIREMENTS REGARDING POPU- DISCLOSURE OF LOBBYING ACTIVITIES BY NITA M. LOWEY, LATION.— FEDERAL GRANTEES Managers on the Part of the House. ‘‘(1) NUMBER OF INDIVIDUALS.— The conference agreement deletes a provi- MARK O. HATFIELD, ‘‘(A) IN GENERAL.—Except as provided in sion requiring disclosure of lobbying activi- TED STEVENS, subparagraph (B), the Secretary may not ties by Federal grantees as proposed by the THAD COCHRAN, make a grant under this section for a metro- House. The Senate amendment contained no ARLEN SPECTER, politan area unless the area has a population similar provision. PETE V. DOMENICI, of 500,000 or more individuals. DEFICIT REDUCTION LOCK-BOX CHRISTOPHER S. BOND, ‘‘(B) LIMITATION.—Subparagraph (A) does SLADE GORTON, not apply to any metropolitan area that was The conference agreement deletes a provi- an eligible area under this part for fiscal sion proposed by the House that would have MITCH MCCONNELL, CONNIE MACK, year 1995 or any prior fiscal year. reduced the Committees on Appropriations ‘‘(2) GEOGRAPHIC BOUNDARIES.—For pur- spending allocations when spending reduc- RICHARD C. SHELBY, JAMES M. JEFFORDS, poses of eligibility under this part, the tion amendments are adopted during consid- boundaries of each metropolitan area are the eration of appropriations bills in either body. ROBERT F. BENNETT, BEN NIGHTHORSE boundaries that were in effect for the area The Senate amendment contained no similar for fiscal year 1994. provision. CAMPBELL, ROBERT BYRD, ‘‘(d) CONTINUED STATUS AS ELIGIBLE CONFERENCE TOTAL—WITH COMPARISONS DANIEL K. INOUYE, AREA.—Notwithstanding any other provision The total new budget (obligational) au- FRITZ HOLLINGS, of this section, a metropolitan area that was thority for the fiscal year 1996 recommended J. BENNETT JOHNSTON, an eligible area under this part for fiscal by the Committee of Conference, with com- PATRICK J. LEAHY, year 1996 is an eligible area for fiscal year parisons to the fiscal year 1995 amount, the DALE BUMPERS, 1997 and each subsequent fiscal year.’’. 1996 budget estimates, and the House and FRANK R. LAUTENBERG, (3) CONFORMING AMENDMENT REGARDING Senate bills for 1996 follow: TOM HARKIN, DEFINITION OF ELIGIBLE AREA.—Section 2607(1) (42 U.S.C. 300ff–17(1)) is amended by striking New budget (obligational) BARBARA A. MIKULSKI, HARRY REID, ‘‘The term’’ and all that follows and insert- authority, fiscal year ing the following: ‘‘The term ‘eligible area’ 1995 ...... $374,952,232,061 J. ROBERT KERREY, PATTY MURRAY, means a metropolitan area meeting the re- Budget estimates of new Managers on the Part of the Senate. quirements of section 2601 that are applica- (obligational) authority, ble to the area.’’. f fiscal year 1996 ...... 404,545,750,093 (b) EMERGENCY RELIEF FOR AREAS WITH House bill, fiscal year 1996 382,607,656,000 CONFERENCE REPORT ON S. 641 SUBSTANTIAL NEED FOR SERVICES.— Senate bill, fiscal year 1996 384,492,162,999 (1) HIV HEALTH SERVICES PLANNING COUN- Conference agreement, fis- Mr. BLILEY submitted the following CIL.—Subsection (b) of section 2602 (42 U.S.C. cal year 1996 ...... 380,684,327,000 conference report and statement on the 300ff–12(b)) is amended— H4288 CONGRESSIONAL RECORD — HOUSE April 30, 1996 (A) in paragraph (1)— ing children, youth, women, and families liv- (III) by adding at the end thereof the fol- (i) by striking ‘‘include’’ and all that fol- ing with HIV and operating in the area; and lowing new subparagraphs: lows through the end thereof, and inserting ‘‘(L) grantees under other Federal HIV pro- ‘‘(F) demonstrates the inclusiveness of the ‘‘reflect in its composition the demographics grams.’’; and planning council membership, with particu- of the epidemic in the eligible area involved, (F) by adding at the end thereof the follow- lar emphasis on affected communities and with particular consideration given to dis- ing: individuals with HIV disease; and proportionately affected and historically un- ‘‘(5) CONFLICTS OF INTEREST.— ‘‘(G) demonstrates the manner in which derserved groups and subpopulations.’’; and ‘‘(A) IN GENERAL.—The planning council the proposed services are consistent with the (ii) by adding at the end thereof the follow- under paragraph (1) may not be directly in- local needs assessment and the Statewide co- ing new sentences: ‘‘Nominations for mem- volved in the administration of a grant ordinated statement of need.’’; and bership on the council shall be identified under section 2601(a). With respect to com- (ii) by redesignating paragraphs (2), (3), through an open process and candidates shall pliance with the preceding sentence, the and (4) as paragraphs (3), (4), and (5), respec- be selected based on locally delineated and planning council may not designate (or oth- tively; and publicized criteria. Such criteria shall in- erwise be involved in the selection of) par- (iii) by inserting after paragraph (1), the clude a conflict-of-interest standard that is ticular entities as recipients of any of the following new paragraph: in accordance with paragraph (5).’’; amounts provided in the grant. ‘‘(2) DEFINITION.— (B) in paragraph (2), by adding at the end ‘‘(B) REQUIRED AGREEMENTS.—An individ- ‘‘(A) SEVERE NEED.—In determining severe thereof the following new subparagraph: ual may serve on the planning council under need in accordance with paragraph (1)(B), the paragraph (1) only if the individual agrees Secretary shall consider the ability of the ‘‘(C) CHAIRPERSON.—A planning council that if the individual has a financial interest qualified applicant to expend funds effi- may not be chaired solely by an employee of in an entity, if the individual is an employee ciently and the impact of relevant factors on the grantee.’’; of a public or private entity, or if the indi- the cost and complexity of delivering health (C) in paragraph (3)— vidual is a member of a public or private or- care and support services to individuals with (i) in subparagraph (A), by striking ‘‘area;’’ ganization, and such entity or organization HIV disease in the eligible area, including and inserting ‘‘area, including how best to is seeking amounts from a grant under sec- factors such as— meet each such priority and additional fac- tion 2601(a), the individual will not, with re- ‘‘(i) sexually transmitted diseases, sub- tors that a grantee should consider in allo- spect to the purpose for which the entity stance abuse, tuberculosis, severe mental ill- cating funds under a grant based on the— seeks such amounts, participate (directly or ness, or other comorbid factors determined ‘‘(i) documented needs of the HIV-infected in an advisory capacity) in the process of se- relevant by the Secretary; population; lecting entities to receive such amounts for ‘‘(ii) new or growing subpopulations of in- ‘‘(ii) cost and outcome effectiveness of pro- such purpose. dividuals with HIV disease; and posed strategies and interventions, to the ex- ‘‘(6) GRIEVANCE PROCEDURES.—A planning ‘‘(iii) homelessness. tent that such data are reasonably available, council under paragraph (1) shall develop ‘‘(B) PREVALENCE.—In determining the im- (either demonstrated or probable); procedures for addressing grievances with re- pact of the factors described in subparagraph ‘‘(iii) priorities of the HIV-infected com- spect to funding under this part, including (A), the Secretary shall, to the extent prac- munities for whom the services are intended; procedures for submitting grievances that ticable, use national, quantitative incidence and cannot be resolved to binding arbitration. data that are available for each eligible area. ‘‘(iv) availability of other governmental Such procedures shall be described in the by- Not later than 2 years after the date of en- and nongovernmental resources;’’; laws of the planning council and be consist- actment of this paragraph, the Secretary (ii) by striking ‘‘and’’ at the end of sub- ent with the requirements of subsection (c). shall develop a mechanism to utilize such paragraph (B); ‘‘(c) GRIEVANCE PROCEDURES.— data. In the absence of such data, the Sec- (iii) by striking the period at the end of ‘‘(1) FEDERAL RESPONSIBILITY.— retary may consider a detailed description subparagraph (C) and inserting ‘‘, and at the ‘‘(A) MODELS.—The Secretary shall, and qualitative analysis of severe need, as discretion of the planning council, assess the through a process that includes consulta- determined under subparagraph (A), includ- effectiveness, either directly or through con- tions with grantees under this part and pub- ing any local prevalence data gathered and tractual arrangements, of the services of- lic and private experts in grievance proce- analyzed by the eligible area. fered in meeting the identified needs; ’’; and dures, arbitration, and mediation, develop ‘‘(C) PRIORITY.—Subsequent to the develop- (iv) by adding at the end thereof the fol- model grievance procedures that may be im- ment of the quantitative mechanism de- lowing new subparagraphs: plemented by the planning council under scribed in subparagraph (B), the Secretary ‘‘(D) participate in the development of the subsection (b)(1) and grantees under this shall phase in, over a 3-year period beginning Statewide coordinated statement of need ini- part. Such model procedures shall describe in fiscal year 1998, the use of such a mecha- tiated by the State public health agency re- the elements that must be addressed in es- nism to determine the severe need of an eli- sponsible for administering grants under tablishing local grievance procedures and gible area compared to other eligible areas part B; and provide grantees with flexibility in the de- and to determine, in part, the amount of sup- ‘‘(E) establish methods for obtaining input sign of such local procedures. plemental funds awarded to the eligible area on community needs and priorities which ‘‘(B) REVIEW.—The Secretary shall review under this part.’’. may include public meetings, conducting grievance procedures established by the (3) DISTRIBUTION OF FUNDS.— focus groups, and convening ad-hoc panels.’’; planning council and grantees under this (A) IN GENERAL.—Section 2603(a)(2) (42 (D) by redesignating paragraphs (2) and (3) part to determine if such procedures are ade- U.S.C. 300ff–13(a)(2)) (as amended by para- as paragraphs (3) and (4), respectively; quate. In making such a determination, the graph (2)) is further amended— (E) by inserting after paragraph (1), the Secretary shall assess whether such proce- (i) by inserting ‘‘, in accordance with para- following new paragraph: dures permit legitimate grievances to be graph (3)’’ before the period; and ‘‘(2) REPRESENTATION.—The HIV health filed, evaluated, and resolved at the local (ii) by adding at the end thereof the follow- services planning council shall include rep- level. ing new sentences: ‘‘The Secretary shall re- resentatives of— ‘‘(2) GRANTEES.—To be eligible to receive serve an additional percentage of the amount ‘‘(A) health care providers, including feder- funds under this part, a grantee shall develop appropriated under section 2677 for a fiscal ally qualified health centers; grievance procedures that are determined by year for grants under part A to make grants ‘‘(B) community-based organizations serv- the Secretary to be consistent with the to eligible areas under section 2601(a) in ac- ing affected populations and AIDS service model procedures developed under paragraph cordance with paragraph (4).’’. organizations; (1)(A). Such procedures shall include a proc- (B) INCREASE IN GRANT.—Section 2603(a) (42 ‘‘(C) social service providers; ess for submitting grievances to binding ar- U.S.C. 300ff–13(a)) is amended by adding at ‘‘(D) mental health and substance abuse bitration.’’. the end thereof the following new paragraph: providers; (2) DISTRIBUTION OF GRANTS.—Section 2603 ‘‘(4) INCREASE IN GRANT.—With respect to ‘‘(E) local public health agencies; (42 U.S.C. 300ff–13) is amended— an eligible area under section 2601(a), the ‘‘(F) hospital planning agencies or health (A) in subsection (a)(2), by striking ‘‘Not Secretary shall increase the amount of a care planning agencies; later than—’’ and all that follows through grant under paragraph (2) for a fiscal year to ‘‘(G) affected communities, including peo- ‘‘the Secretary shall’’ and inserting the fol- ensure that such eligible area receives not ple with HIV disease or AIDS and histori- lowing: ‘‘Not later than 60 days after an ap- less than— cally underserved groups and subpopula- propriation becomes available to carry out ‘‘(A) with respect to fiscal year 1996, 100 tions; this part for each of the fiscal years 1996 percent; ‘‘(H) nonelected community leaders; through 2000, the Secretary shall’’; and ‘‘(B) with respect to fiscal year 1997, 99 per- ‘‘(I) State government (including the State (B) in subsection (b) cent; medicaid agency and the agency administer- (i) in paragraph (1)— ‘‘(C) with respect to fiscal year 1998, 98 per- ing the program under part B); (I) by striking ‘‘and’’ at the end of subpara- cent; ‘‘(J) grantees under subpart II of part C; graph (D); ‘‘(D) with respect to fiscal year 1999, 96.5 ‘‘(K) grantees under section 2671, or, if (II) by striking the period at the end of percent; and none are operating in the area, representa- subparagraph (E) and inserting a semicolon; ‘‘(E) with respect to fiscal year 2000, 95 per- tives of organizations with a history of serv- and cent; April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4289 of the amount allocated for fiscal year 1995 reports, and compliance with grant condi- $75,000 for any metropolitan area, projected to such entity under this subsection.’’. tions and audit requirements; and to be eligible for funding under section 2601 (C) ADDITIONAL REQUIREMENTS FOR ‘‘(B) all activities associated with the in the following fiscal year. Such grant GRANTS.—Section 2603 (42 U.S.C. 300ff–13) is grantee’s contract award procedures, includ- amounts shall be deducted from the first amended by adding at the end thereof the ing the development of requests for propos- year formula award to eligible areas accept- following subsection: als, contract proposal review activities, ne- ing such grants. Not to exceed 1 percent of ‘‘(c) COMPLIANCE WITH PRIORITIES OF HIV gotiation and awarding of contracts, mon- the amount appropriated for a fiscal year PLANNING COUNCIL.—Notwithstanding any itoring of contracts through telephone con- under section 2677 for grants under part A other provision of this part, the Secretary, sultation, written documentation or onsite may be used to carry out this section.’’. in carrying out section 2601(a), may not visits, reporting on contracts, and funding (c) CARE GRANT PROGRAM.— make any grant under subsection (a) or (b) reallocation activities. (1) PRIORITY FOR WOMEN, INFANTS AND CHIL- to an eligible area unless the application ‘‘(3) SUBCONTRACTOR ADMINISTRATIVE DREN.—Section 2611 (42 U.S.C. 300ff-21) is submitted by such area under section 2605 for COSTS.—For the purposes of this subsection, amended— the grant involved demonstrates that the subcontractor administrative activities in- (A) by striking ‘‘The’’ and inserting ‘‘(a) IN grants made under subsections (a) and (b) to clude— GENERAL.—The’’; and the area for the preceding fiscal year (if any) ‘‘(A) usual and recognized overhead, in- (B) by adding at the end thereof the follow- were expended in accordance with the prior- cluding established indirect rates for agen- ing new subsection: ities applicable to such year that were estab- cies; lished, pursuant to section 2602(b)(3)(A), by ‘‘(B) management oversight of specific pro- ‘‘(b) PRIORITY FOR WOMEN, INFANTS AND the planning council serving the area.’’. grams funded under this title; and CHILDREN.—For the purpose of providing (4) USE OF AMOUNTS.—Section 2604 (42 ‘‘(C) other types of program support such health and support services to infants, chil- U.S.C. 300ff–14) is amended— as quality assurance, quality control, and re- dren, and women with HIV disease, including (A) in subsection (b)(1)(A)— lated activities.’’. treatment measures to prevent the perinatal (i) by inserting ‘‘, substance abuse treat- (5) APPLICATION.—Section 2605 (42 U.S.C. transmission of HIV, a State shall use, of the ment and mental health treatment,’’ after 300ff–15) is amended— funds allocated under this part to the State ‘‘case management’’; and (A) in subsection (a)— for a fiscal year, not less than the percentage (ii) by inserting ‘‘which shall include treat- (i) in the matter preceding paragraph (1), constituted by the ratio of the population in ment education and prophylactic treatment by inserting ‘‘, in accordance with subsection the State of infants, children, and women for opportunistic infections,’’ after ‘‘treat- (c) regarding a single application and grant with acquired immune deficiency syndrome ment services,’’; award,’’ after ‘‘application’’; to the general population in the State of in- (B) in subsection (b)(2)(A)— (ii) in paragraph (1)(B), by striking ‘‘1-year dividuals with such syndrome.’’. (i) by inserting ‘‘, or private for-profit enti- period’’ and all that follows through ‘‘eligi- (2) USE OF GRANTS.—Section 2612 (42 U.S.C. ties if such entities are the only available ble area’’ and inserting ‘‘preceding fiscal 300ff–22) is amended— provider of quality HIV care in the area,’’ year’’; (A) in subsection (a)— after ‘‘nonprofit private entities,’’; and (iii) in paragraph (4), by striking ‘‘and’’ at (i) by striking the subsection designation (ii) by striking ‘‘and homeless health cen- the end thereof; and heading; ters’’ and inserting ‘‘homeless health cen- (iv) in paragraph (5), by striking the period (ii) by redesignating paragraphs (1) ters, substance abuse treatment programs, at the end thereof and inserting ‘‘; and’’; and through (4) as paragraphs (2) through (5), re- and mental health programs’’; (v) by adding at the end thereof the follow- spectively; (C) by adding at the end of subsection (b), ing new paragraph: (iii) by inserting the following new para- the following new paragraph: ‘‘(6) that the applicant has participated, or graph: ‘‘(3) PRIORITY FOR WOMEN, INFANTS AND will agree to participate, in the Statewide ‘‘(1) to provide the services described in CHILDREN.—For the purpose of providing coordinated statement of need process where section 2604(b)(1) for individuals with HIV health and support services to infants, chil- it has been initiated by the State public disease;’’; dren, and women with HIV disease, including health agency responsible for administering (iv) in paragraph (5) (as so redesignated), treatment measures to prevent the perinatal grants under part B, and ensure that the by striking ‘‘treatments’’ and all that fol- transmission of HIV, the chief elected offi- services provided under the comprehensive lows through ‘‘health,’’ and inserting ‘‘thera- cial of an eligible area, in accordance with plan are consistent with the Statewide co- peutics to treat HIV disease’’; and the established priorities of the planning ordinated statement of need.’’; (v) by adding at the end thereof the follow- council, shall use, from the grants made for (B) in subsection (b)— ing flush sentences: the area under section 2601(a) for a fiscal (i) in the subsection heading, by striking year, not less than the percentage con- ‘‘ADDITIONAL’’; and ‘‘Services described in paragraph (1) shall be stituted by the ratio of the population in (ii) in the matter preceding paragraph (1), delivered through consortia designed as de- such area of infants, children, and women by striking ‘‘additional application’’ and in- scribed in paragraph (2), where such consor- with acquired immune deficiency syndrome serting ‘‘application, in accordance with sub- tia exist, unless the State demonstrates to to the general population in such area of in- section (c) regarding a single application and the Secretary that delivery of such services dividuals with such syndrome.’’; and grant award,’’; and would be more effective when other delivery (C) in subsection (e)— (C) by redesignating subsections (c) and (d) mechanisms are used. In making a deter- (i) in the subsection heading, by striking as subsections (d) and (e), respectively; and mination regarding the delivery of services, ‘‘AND PLANNING’’; (D) by inserting after subsection (b), the the State shall consult with appropriate rep- (ii) by striking ‘‘The chief’’ and inserting: following new subsection: resentatives of service providers and recipi- ‘‘(1) IN GENERAL.—The chief’’; ‘‘(c) SINGLE APPLICATION AND GRANT ents of services who would be affected by (iii) by striking ‘‘accounting, reporting, AWARD.— such determination, and shall include in its and program oversight functions’’; ‘‘(1) APPLICATION.—The Secretary may demonstration to the Secretary the findings (iv) by adding at the end thereof the fol- phase in the use of a single application that of the State regarding such consultation.’’; lowing new sentence: ‘‘In the case of entities meets the requirements of subsections (a) and and subcontractors to which such officer al- and (b) of section 2603 with respect to an eli- (B) by striking subsection (b). locates amounts received by the officer gible area that desires to receive grants (2) HIV CARE CONSORTIA.—Section 2613 (42 under the grant, the officer shall ensure under section 2603 for a fiscal year. U.S.C. 300ff–23) is amended— that, of the aggregate amount so allocated, ‘‘(2) GRANT AWARD.—The Secretary may (A) in subsection (a)— the total of the expenditures by such entities phase in the awarding of a single grant to an (i) in paragraph (1), by inserting ‘‘(or pri- for administrative expenses does not exceed eligible area that submits an approved appli- vate for-profit providers or organizations if 10 percent (without regard to whether par- cation under paragraph (1) for a fiscal year.’’. such entities are the only available providers ticular entities expend more than 10 percent (6) TECHNICAL ASSISTANCE.—Section 2606 (42 of quality HIV care in the area)’’ after ‘‘non- for such expenses).’’; and U.S.C. 300ff–16) is amended— profit private,’’; and (v) by adding at the end thereof the follow- (A) by striking ‘‘may’’ and inserting (ii) in paragraph (2)(A)— ing new paragraphs: ‘‘shall’’; (I) by inserting ‘‘substance abuse treat- ‘‘(2) ADMINISTRATIVE ACTIVITIES.—For the (B) by inserting after ‘‘technical assist- ment, mental health treatment,’’ after purposes of paragraph (1), amounts may be ance’’ the following: ‘‘, including assistance ‘‘nursing,’’; and used for administrative activities that in- from other grantees, contractors or sub- (II) by inserting ‘‘prophylactic treatment clude— contractors under this title to assist newly for opportunistic infections, treatment edu- ‘‘(A) routine grant administration and eligible metropolitan areas in the establish- cation to take place in the context of health monitoring activities, including the develop- ment of HIV health services planning coun- care delivery,’’ after ‘‘monitoring,’’; and ment of applications for part A funds, the re- cils and,’’; and (B) in subsection (c)— ceipt and disbursal of program funds, the de- (C) by adding at the end thereof the follow- (i) in subparagraph (C) of paragraph (1), by velopment and establishment of reimburse- ing new sentences: ‘‘The Administrator may inserting before ‘‘care’’ ‘‘and youth cen- ment and accounting systems, the prepara- make planning grants available to metro- tered’’; and tion of routine programmatic and financial politan areas, in an amount not to exceed (ii) in paragraph (2)— H4290 CONGRESSIONAL RECORD — HOUSE April 30, 1996 (I) in clause (ii) of subparagraph (A), by grant awarded under this part for planning (A) in paragraph (1), by inserting before striking ‘‘served; and’’ and inserting and evaluation activities. the period the following: ‘‘, and unless the ‘‘served;’’; ‘‘(4) ADMINISTRATION.— applicant agrees to expend not less than 50 (II) in subparagraph (B), by striking the pe- ‘‘(A) IN GENERAL.—Subject to paragraph (5) percent of the grant for such services that riod at the end and inserting ‘‘; and’’; and and except as provided in paragraph (6), a are specified in subparagraphs (B) through (III) by adding after subparagraph (B), the State may not use more than 10 percent of (E) of such paragraph for individuals with following new subparagraph: amounts received under a grant awarded HIV disease’’; and ‘‘(C) grantees under section 2671, or, if none under this part for administration. In the (B) in paragraph (4)— are operating in the area, representatives in case of entities and subcontractors to which (i) by striking ‘‘The Secretary’’ and insert- the area of organizations with a history of the State allocates amounts received by the ing ‘‘(A) IN GENERAL.—The Secretary’’; serving children, youth, women, and families State under the grant (including consortia (ii) by inserting ‘‘, or private for-profit en- living with HIV.’’. under section 2613), the State shall ensure tities if such entities are the only available (3) PROVISION OF TREATMENTS.—Section that, of the aggregate amount so allocated, provider of quality HIV care in the area,’’ 2616 (42 U.S.C. 300ff–26) is amended— the total of the expenditures by such entities after ‘‘nonprofit private entities’’; (A) in subsection (a)— for administrative expenses does not exceed (iii) by realigning the margin of subpara- (i) by striking ‘‘may use amounts’’ and in- 10 percent (without regard to whether par- graph (A) so as to align with the margin of serting ‘‘shall use a portion of the amounts’’; ticular entities expend more than 10 percent paragraph (3)(A); and (ii) by striking ‘‘section 2612(a)(4)’’ and all for such expenses). (iv) by adding at the end thereof the fol- that follows through ‘‘prolong life’’ and in- ‘‘(B) ADMINISTRATIVE ACTIVITIES.—For the lowing new subparagraph: serting ‘‘section 2612(a)(5) to provide thera- purposes of subparagraph (A), amounts may ‘‘(B) OTHER REQUIREMENTS.—Grantees de- peutics to treat HIV disease’’; and be used for administrative activities that in- scribed in— (iii) by inserting before the period the fol- clude routine grant administration and mon- ‘‘(i) paragraphs (1), (2), (5), and (6) of sec- lowing: ‘‘, including measures for the preven- itoring activities. tion 2652(a) shall use not less than 50 percent tion and treatment of opportunistic infec- ‘‘(C) SUBCONTRACTOR ADMINISTRATIVE of the amount of such a grant to provide the tions’’; COSTS.—For the purposes of this paragraph, services described in subparagraphs (A), (B), (B) in subsection (c)— subcontractor administrative activities in- (D), and (E) of section 2651(b)(2) directly and (i) in paragraph (3), by striking ‘‘and’’ at clude— on-site or at sites where other primary care the end thereof; ‘‘(i) usual and recognized overhead, includ- services are rendered; and (ii) in paragraph (4), by striking the period ing established indirect rates for agencies; ‘‘(ii) paragraphs (3) and (4) of section and inserting ‘‘; and’’; and ‘‘(ii) management oversight of specific pro- 2652(a) shall ensure the availability of early (iii) by adding at the end thereof the fol- grams funded under this title; and intervention services through a system of lowing new paragraph: ‘‘(iii) other types of program support such linkages to community-based primary care ‘‘(5) document the progress made in mak- as quality assurance, quality control, and re- providers, and to establish mechanisms for ing therapeutics described in subsection (a) lated activities.’’; the referrals described in section available to individuals eligible for assist- (C) by redesignating paragraph (5) as para- 2651(b)(2)(C), and for follow-up concerning such referrals.’’. ance under this section.’’; and graph (7); and (2) MINIMUM QUALIFICATIONS.—Section (C) by adding at the end thereof the follow- (D) by inserting after paragraph (4), the 2652(b)(1)(B) (42 U.S.C. 300ff–52(b)(1)(B)) is ing new subsection: following new paragraphs: ‘‘(5) LIMITATION ON USE OF FUNDS.—Except amended by inserting ‘‘, or a private for-prof- ‘‘(d) DUTIES OF THE SECRETARY.—In carry- as provided in paragraph (6), a State may not it entity if such entity is the only available ing out this section, the Secretary shall re- use more than a total of 15 percent of provider of quality HIV care in the area,’’ view the current status of State drug reim- amounts received under a grant awarded after ‘‘nonprofit private entity’’. bursement programs established under sec- under this part for the purposes described in (3) MISCELLANEOUS PROVISIONS.—Section tion 2612(2) and assess barriers to the ex- paragraphs (3) and (4). 2654 (42 U.S.C. 300ff–54) is amended by adding panded availability of the treatments de- ‘‘(6) EXCEPTION.—With respect to a State at the end thereof the following new sub- scribed in subsection (a). The Secretary shall that receives the minimum allotment under section: also examine the extent to which States co- subsection (a)(1) for a fiscal year, such State, ‘‘(c) PLANNING AND DEVELOPMENT ordinate with other grantees under this title GRANTS.— from the amounts received under a grant to reduce barriers to the expanded availabil- ‘‘(1) IN GENERAL.—The Secretary may pro- awarded under this part for such fiscal year ity of the treatments described in subsection vide planning grants, in an amount not to for the activities described in paragraphs (3) (a).’’. exceed $50,000 for each such grant, to public and (4), may, notwithstanding paragraphs (4) STATE APPLICATION.—Section 2617(b) (42 and nonprofit private entities for the pur- (3), (4), and (5), use not more than that U.S.C. 300ff–27(b)) is amended— pose of enabling such entities to provide HIV amount required to support one full-time- (A) in paragraph (2)— early intervention services. equivalent employee.’’. (i) in subparagraph (A), by striking ‘‘and’’ ‘‘(2) REQUIREMENT.—The Secretary may (6) TECHNICAL ASSISTANCE.—Section 2619 (42 at the end thereof; and only award a grant to an entity under para- U.S.C. 300ff–29) is amended— (ii) by adding at the end thereof the follow- graph (1) if the Secretary determines that (A) by striking ‘‘may’’ and inserting ing new subparagraph: the entity will use such grant to assist the ‘‘shall’’; and ‘‘(C) a description of how the allocation entity in qualifying for a grant under section (B) by inserting before the period the fol- and utilization of resources are consistent 2651. lowing: ‘‘, including technical assistance for with the Statewide coordinated statement of ‘‘(3) PREFERENCE.—In awarding grants the development and implementation of need (including traditionally underserved under paragraph (1), the Secretary shall give Statewide coordinated statements of need’’. populations and subpopulations) developed preference to entities that provide primary (7) COORDINATION.—Part B of title XXVI (42 in partnership with other grantees in the care services in rural or underserved commu- U.S.C. 300ff–21 et seq.) is amended by adding State that receive funding under this title; nities. at the end thereof the following new section: and’’; ‘‘(4) LIMITATION.—Not to exceed 1 percent (B) by redesignating paragraph (3) as para- ‘‘SEC. 2621. COORDINATION. of the amount appropriated for a fiscal year ‘‘The Secretary shall ensure that the graph (4); under section 2655 may be used to carry out Health Resources and Services Administra- (C) by inserting after paragraph (2), the fol- this section.’’. tion, the Centers for Disease Control and lowing new paragraph: (4) AUTHORIZATION OF APPROPRIATIONS.— Prevention, and the Substance Abuse and ‘‘(3) an assurance that the public health Section 2655 (42 U.S.C. 300ff–55) is amended Mental Health Services Administration co- agency administering the grant for the State ordinate the planning and implementation of by striking ‘‘$75,000,000’’ and all that follows will periodically convene a meeting of indi- Federal HIV programs in order to facilitate through the end of the section, and inserting viduals with HIV, representatives of grantees the local development of a complete contin- ‘‘such sums as may be necessary in each of under each part under this title, providers, uum of HIV-related services for individuals the fiscal years 1996, 1997, 1998, 1999, and and public agency representatives for the with HIV disease and those at risk of such 2000.’’. purpose of developing a Statewide coordi- disease. Not later than October 1, 1996, and (5) REQUIRED AGREEMENTS.—Section 2664(g) nated statement of need; and’’. biennially thereafter, the Secretary shall (42 U.S.C. 300ff–64(g)) is amended— (5) PLANNING, EVALUATION AND ADMINISTRA- submit to the appropriate committees of the (A) in paragraph (2), by striking ‘‘and’’ at TION.—Section 2618(c) (42 U.S.C. 300ff–28(c)) is Congress a report concerning coordination the end thereof; amended— efforts under this title at the Federal, State, (B) in paragraph (3)— (A) by striking paragraph (1); and local levels, including a statement of (i) by striking ‘‘5 percent’’ and inserting (B) in paragraphs (3) and (4), to read as fol- whether and to what extent there exist Fed- ‘‘7.5 percent including planning and evalua- lows: eral barriers to integrating HIV-related pro- tion’’; and ‘‘(3) PLANNING AND EVALUATIONS.—Subject grams.’’. (ii) by striking the period and inserting ‘‘; to paragraph (5) and except as provided in (d) EARLY INTERVENTION SERVICES.— and’’; and paragraph (6), a State may not use more (1) ESTABLISHMENT OF PROGRAM.—Section (C) by adding at the end thereof the follow- than 10 percent of amounts received under a 2651(b) (42 U.S.C. 300ff–51(b)) is amended— ing new paragraph: April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4291

‘‘(4) the applicant will submit evidence CUMSTANCES.—In administering the require- ‘‘(2) The applicant will provide for the pa- that the proposed program is consistent with ment of paragraph (1)(D), the Secretary shall tient and the family of the patient— the Statewide coordinated statement of need take into account circumstances in which a ‘‘(A) referrals for inpatient hospital serv- and agree to participate in the ongoing revi- grantee under subsection (a) is temporarily ices, treatment for substance abuse, and sion of such statement of need.’’. unable to comply with the requirement for mental health services; and (e) DEMONSTRATION GRANTS FOR RESEARCH reasons beyond the control of the grantee, ‘‘(B) referrals for other social and support AND SERVICES FOR PEDIATRIC PATIENTS.—Sec- and shall in such circumstances provide to services, as appropriate. tion 2671 (42 U.S.C. 300f–71) is amended to the grantee a reasonable period of oppor- ‘‘(3) The applicant will provide the patient read as follows: tunity in which to reestablish compliance and the family of the patient with such ‘‘SEC. 2671. GRANTS FOR COORDINATED SERV- with the requirement. transportation, child care, and other inciden- ICES AND ACCESS TO RESEARCH ‘‘(4) SIGNIFICANT PARTICIPATION; TEMPORARY tal services as may be necessary to enable FOR WOMEN, INFANTS, CHILDREN, WAIVER FOR ORIGINAL GRANTEES.— the patient and the family to participate in AND YOUTH. ‘‘(A) IN GENERAL.—In the case of an appli- the program established by the applicant ‘‘(a) IN GENERAL.—The Secretary, acting cant under subsection (a) who received a pursuant to such subsection. through the Administrator of the Health Re- grant under such subsection for fiscal year ‘‘(e) COORDINATION WITH OTHER ENTITIES.— sources and Services Administration and in A grant under subsection (a) may be made consultation with the Director of the Na- 1995, the Secretary may, subject to subpara- only if the applicant for the grant agrees as tional Institutes of Health, shall make graph (B), provide to the applicant a waiver follows: grants to public and nonprofit private enti- of the requirement of paragraph (1)(D) if the ‘‘(1) The applicant will coordinate activi- ties that provide primary care (directly or Secretary determines that the applicant is ties under the grant with other providers of through contracts) for the following pur- making reasonable progress toward meeting health care services under this Act, and poses: the requirement. under title V of the Social Security Act. ‘‘(1) Providing through such entities, in ac- ‘‘(B) TERMINATION OF AUTHORITY FOR WAIV- ‘‘(2) The applicant will participate in the cordance with this section, opportunities for ERS.—The Secretary may not provide any statewide coordinated statement of need women, infants, children, and youth to be waiver under subparagraph (A) on or after under part B (where it has been initiated by voluntary participants in research of poten- October 1, 1998. Any such waiver provided the public health agency responsible for ad- tial clinical benefit to individuals with HIV prior to such date terminates on such date, ministering grants under part B) and in revi- disease. or on such earlier date as the Secretary may sions of such statement. ‘‘(2) In the case of women, infants, chil- specify. PPLICATION ‘‘(c) PROVISIONS REGARDING CONDUCT OF ‘‘(f) A .—A grant under sub- dren, and youth with HIV disease, and the section (a) may be made only if an applica- RESEARCH.— families of such individuals, providing to tion for the grant is submitted to the Sec- such individuals— ‘‘(1) IN GENERAL.—With respect to eligi- bility for a grant under subsection (a): retary and the application is in such form, is ‘‘(A) health care on an outpatient basis; made in such manner, and contains such and ‘‘(A) A project of research for which sub- jects are sought pursuant to such subsection agreements, assurances, and information as ‘‘(B) additional services in accordance with the Secretary determines to be necessary to may be conducted by the applicant for the subsection (d). carry out this section. grant, or by an entity with which the appli- ‘‘(b) PROVISIONS REGARDING PARTICIPATION ‘‘(g) COORDINATION WITH NATIONAL INSTI- cant has made arrangements for purposes of IN RESEARCH.— TUTES OF HEALTH.—The Secretary shall de- ‘‘(1) IN GENERAL.—With respect to the the grant. The grant may not be expended velop and implement a plan that provides for projects of research with which an applicant for the conduct of any project of research, the coordination of the activities of the Na- under subsection (a) is concerned, the Sec- except for such research-related functions as tional Institutes of Health with the activi- retary may make a grant under such sub- are appropriate for providing opportunities ties carried out under this section. In carry- section to the applicant only if the following under subsection (a)(1) (including the func- ing out the preceding sentence, the Sec- conditions are met: tions specified in subsection (b)(1)). retary shall ensure that projects of research ‘‘(A) The applicant agrees to make reason- ‘‘(B) The grant may be made only if the conducted or supported by such Institutes able efforts— Secretary makes the following determina- are made aware of applicants and grantees ‘‘(i) to identify which of the patients of the tions: under subsection (a), shall require that the applicant are women, infants, children, and ‘‘(i) The applicant or other entity (as the projects, as appropriate, enter into arrange- youth who would be appropriate participants case may be under subparagraph (A)) is ap- ments for purposes of such subsection, and in the projects; propriately qualified to conduct the project shall require that each project entering into ‘‘(ii) to carry out clause (i) through the use of research. An entity shall be considered to such an arrangement inform the applicant or of criteria provided for such purpose by the be so qualified if any research protocol of the grantee under such subsection of the needs of entities that will be conducting the projects entity has been recommended for funding the project for the participation of women, of research; and under this Act pursuant to technical and sci- infants, children, and youth. ‘‘(iii) to offer women, infants, children, and entific peer review through the National In- ‘‘(h) ANNUAL REVIEW OF PROGRAMS; EVAL- youth the opportunity to participate in the stitutes of Health. UATIONS.— projects (as appropriate), including the pro- ‘‘(ii) The project of research is being con- ‘‘(1) REVIEW REGARDING ACCESS TO AND PAR- vision of services under subsection (d)(3). ducted in accordance with a research proto- TICIPATION IN PROGRAMS.—With respect to a ‘‘(B) The applicant agrees that, in the case col to which the Secretary gives priority re- grant under subsection (a) for an entity for a of the research-related functions to be car- garding the prevention or treatment of HIV fiscal year, the Secretary shall, not later ried out by the applicant pursuant to sub- disease in women, infants, children, or than 180 days after the end of the fiscal year, section (a)(1), the applicant will comply with youth, subject to paragraph (2). provide for the conduct and completion of a accepted standards that are applicable to ‘‘(2) LIST OF RESEARCH PROTOCOLS.— review of the operation during the year of such functions (including accepted standards ‘‘(A) IN GENERAL.—From among the re- the program carried out under such sub- regarding informed consent and other pro- search protocols described in paragraph section by the entity. The purpose of such tections for human subjects). (1)(B)(ii), the Secretary shall establish a list review shall be the development of rec- ‘‘(C) For the first and second fiscal years of research protocols that are appropriate for ommendations, as appropriate, for improve- for which grants under subsection (a) are to purposes of subsection (a)(1). Such list shall ments in the following: be made to the applicant, the applicant be established only after consultation with ‘‘(A) Procedures used by the entity to allo- agrees that, not later than the end of the public and private entities that conduct such cate opportunities and services under sub- second fiscal year of receiving such a grant, research, and with providers of services section (a) among patients of the entity who a significant number of women, infants, chil- under subsection (a) and recipients of such are women, infants, children, or youth. dren, and youth who are patients of the ap- services. ‘‘(B) Other procedures or policies of the en- plicant will be participating in the projects ‘‘(B) DISCRETION OF SECRETARY.—The Sec- tity regarding the participation of such indi- of research. retary may authorize the use, for purposes of viduals in such program. ‘‘(D) Except as provided in paragraph (3) subsection (a)(1), of a research protocol that ‘‘(2) EVALUATIONS.—The Secretary shall, (and paragraph (4), as applicable), for the is not included on the list under subpara- directly or through contracts with public third and subsequent fiscal years for which graph (A). The Secretary may waive the re- and private entities, provide for evaluations such grants are to be made to the applicant, quirement specified in paragraph (1)(B)(ii) in of programs carried out pursuant to sub- the Secretary has determined that a signifi- such circumstances as the Secretary deter- section (a). cant number of such individuals are partici- mines to be appropriate. ‘‘(i) TRAINING AND TECHNICAL ASSISTANCE.— pating in the projects. ‘‘(d) ADDITIONAL SERVICES FOR PATIENTS Of the amounts appropriated under sub- ‘‘(2) PROHIBITION.—Receipt of services by a AND FAMILIES.—A grant under subsection (a) section (j) for a fiscal year, the Secretary patient shall not be conditioned upon the may be made only if the applicant for the may use not more than five percent to pro- consent of the patient to participate in re- grant agrees as follows: vide, directly or through contracts with pub- search. ‘‘(1) The applicant will provide for the case lic and private entities (which may include ‘‘(3) SIGNIFICANT PARTICIPATION; CONSIDER- management of the patient involved and the grantees under subsection (a)), training and ATION BY SECRETARY OF CERTAIN CIR- family of the patient. technical assistance to assist applicants and H4292 CONGRESSIONAL RECORD — HOUSE April 30, 1996 grantees under subsection (a) in complying ‘‘(6) incarcerated individuals with HIV dis- Acts, a grant made for purposes of this para- with the requirements of this section. ease. graph to an eligible area shall be made in an ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(e) SERVICE DEVELOPMENT GRANTS.—Spe- amount equal to the product of— For the purpose of carrying out this section, cial projects of national significance may in- ‘‘(i) an amount equal to the amount avail- there are authorized to be appropriated such clude the development of model approaches able for distribution under paragraph (2) for sums as may be necessary for each of the fis- to delivering HIV care and support services the fiscal year involved; and cal years 1996 through 2000.’’. including— ‘‘(ii) the percentage constituted by the (f) EVALUATIONS AND REPORTS.—Section ‘‘(1) programs that support family-based ratio of the distribution factor for the eligi- 2674 (42 U.S.C. 300ff–74) is amended— care networks and programs that build orga- ble area to the sum of the respective dis- (1) in subsection (b)— nizational capacity critical to the delivery of tribution factors for all eligible areas. (A) in the matter preceding paragraph (1), care in minority communities; ‘‘(B) DISTRIBUTION FACTOR.—For purposes by striking ‘‘not later than 1 year’’ and all ‘‘(2) programs designed to prepare AIDS of subparagraph (A)(ii), the term ‘distribu- that follows through ‘‘title,’’ and inserting service organizations and grantees under tion factor’ means an amount equal to the the following: ‘‘not later than October 1, this title for operation within the changing estimated number of living cases of acquired 1996,’’; health care environment; and immune deficiency syndrome in the eligible (B) by striking paragraphs (1) through (3) ‘‘(3) programs designed to integrate the de- area involved, as determined under subpara- and inserting the following paragraph: livery of mental health and substance abuse graph (C). ‘‘(1) evaluating the programs carried out treatment with HIV services. ‘‘(C) ESTIMATE OF LIVING CASES.—The under this title; and’’; and ‘‘(f) COORDINATION.—The Secretary may amount determined in this subparagraph is (C) by redesignating paragraph (4) as para- not make a grant under this section unless an amount equal to the product of— graph (2); and the applicant submits evidence that the pro- ‘‘(i) the number of cases of acquired im- (2) by adding at the end the following sub- posed program is consistent with the State- mune deficiency syndrome in the eligible section: wide coordinated statement of need, and the area during each year in the most recent 120- ‘‘(d) ALLOCATION OF FUNDS.—The Secretary applicant agrees to participate in the ongo- month period for which data are available ing revision process of such statement of shall carry out this section with amounts with respect to all eligible areas, as indi- need. available under section 241. Such amounts cated by the number of such cases reported are in addition to any other amounts that ‘‘(g) REPLICATION.—The Secretary shall make information concerning successful to and confirmed by the Director of the Cen- are available to the Secretary for such pur- models developed under this part available ters for Disease Control and Prevention for pose.’’. to grantees under this title for the purpose each year during such period; and (g) DEMONSTRATION AND TRAINING.— of coordination, replication, and integration. ‘‘(ii) with respect to— (1) IN GENERAL.—Title XXVI is amended by To facilitate efforts under this subsection, ‘‘(I) the first year during such period, .06; adding at the end, the following new part: the Secretary may provide for peer-based ‘‘(II) the second year during such period, ‘‘PART F—DEMONSTRATION AND technical assistance from grantees funded .06; TRAINING under this part.’’. ‘‘(III) the third year during such period, ‘‘Subpart I—Special Projects of National (2) REPEAL.—Subsection (a) of section 2618 .08; Significance (42 U.S.C. 300ff–28(a)) is repealed. ‘‘(IV) the fourth year during such period, .10; ‘‘SEC. 2691. SPECIAL PROJECTS OF NATIONAL (h) HIV/AIDS COMMUNITIES, SCHOOLS, CEN- SIGNIFICANCE. TERS.— ‘‘(V) the fifth year during such period, .16; ‘‘(a) IN GENERAL.—Of the amount appro- (1) NEW PART.—Part F of title XXVI (as ‘‘(VI) the sixth year during such period, .16; priated under each of parts A, B, C, and D of added by subsection (e)) is further amended ‘‘(VII) the seventh year during such period, this title for each fiscal year, the Secretary by adding at the end, the following new sub- .24; shall use the greater of $20,000,000 or 3 per- part: ‘‘(VIII) the eighth year during such period, cent of such amount appropriated under each ‘‘Subpart II—AIDS Education and Training .40; such part, but not to exceed $25,000,000, to ad- Centers ‘‘(IX) the ninth year during such period, minister a special projects of national sig- .57; and ‘‘SEC. 2692. HIV/AIDS COMMUNITIES, SCHOOLS, ‘‘(X) the tenth year during such period, .88. nificance program to award direct grants to AND CENTERS.’’. public and nonprofit private entities includ- (2) AMENDMENTS.—Section 776 (42 U.S.C. The yearly percentage described in subpara- ing community-based organizations to fund 294n) is amended— graph (ii) shall be updated biennially by the special programs for the care and treatment (A) by striking the section heading; and Secretary, after consultation with the Cen- of individuals with HIV disease. (B) in subsection (a)(1)— ters for Disease Control and Prevention. The ‘‘(b) GRANTS.—The Secretary shall award (i) by striking subparagraphs (B) and (C); first such update shall occur prior to the de- grants under subsection (a) based on— (ii) by redesignating subparagraphs (A) and termination of grant awards under this part ‘‘(1) the need to assess the effectiveness of (D) as subparagraphs (B) and (C), respec- for fiscal year 1998. a particular model for the care and treat- tively; ‘‘(D) UNEXPENDED FUNDS.—The Secretary ment of individuals with HIV disease; (iii) by inserting before subparagraph (B) may, in determining the amount of a grant ‘‘(2) the innovative nature of the proposed (as so redesignated) the following new sub- for a fiscal year under this paragraph, adjust activity; and paragraph: the grant amount to reflect the amount of ‘‘(3) the potential replicability of the pro- ‘‘(A) training health personnel, including unexpended and uncanceled grant funds re- posed activity in other similar localities or practitioners in title XXVI programs and maining at the end of the fiscal year preced- nationally. other community providers, in the diagnosis, ing the year for which the grant determina- ‘‘(c) SPECIAL PROJECTS.—Special projects treatment, and prevention of HIV infection tion is to be made. The amount of any such of national significance shall include the de- and disease, including the prevention of the unexpended funds shall be determined using velopment and assessment of innovative perinatal transmission of the disease and in- the financial status report of the grantee.’’. service delivery models that are designed cluding measures for the prevention and SEC. 5. AMOUNT OF CARE GRANTS. to— treatment of opportunistic infections;’’; and Paragraphs (1) and (2) of section 2618(b) (42 ‘‘(1) address the needs of special popu- (iv) in subparagraph (B) (as so redesig- U.S.C. 300ff–28(b)(1) and (2)) are amended to lations; nated) by adding ‘‘and’’ after the semicolon. read as follows: ‘‘(2) assist in the development of essential (3) TRANSFER.—Section 776 (42 U.S.C. 294n) ‘‘(1) MINIMUM ALLOTMENT.—Subject to the community-based service delivery infra- (as amended by paragraph (2)) is amended by extent of amounts made available under sec- structure; and transferring such section to section 2692 (as tion 2677, the amount of a grant to be made ‘‘(3) ensure the ongoing availability of added by paragraph (1)). under this part for— services for Native American communities (4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) each of the several States and the Dis- to enable such communities to care for Na- Section 2692 (as added by paragraph (1)) is trict of Columbia for a fiscal year shall be tive Americans with HIV disease. amended by adding at the end thereof the the greater of— ‘‘(d) SPECIAL POPULATIONS.—Special following new subsection: ‘‘(i)(I) with respect to a State or District projects of national significance may include ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— that has less than 90 living cases of acquired the delivery of HIV health care and support There are authorized to be appropriated to immune deficiency syndrome, as determined services to traditionally underserved popu- carry out this section, such sums as may be under paragraph (2)(D), $100,000; or lations including— necessary for each of the fiscal years 1996 ‘‘(i)(I) with respect to a State or District ‘‘(1) individuals and families with HIV dis- through 2000.’’. that has 90 or more living cases of acquired ease living in rural communities; SEC. 4. AMOUNT OF EMERGENCY RELIEF immune deficiency syndrome, as determined ‘‘(2) adolescents with HIV disease; GRANTS. under paragraph (2)(D), $250,000; ‘‘(3) Indian individuals and families with Paragraph (3) of section 2603(a) (42 U.S.C. ‘‘(ii) an amount determined under para- HIV disease; 300ff–13(a)(3)) is amended to read as follows: graph (2); and ‘‘(4) homeless individuals and families with ‘‘(3) AMOUNT OF GRANT.— ‘‘(B) each territory of the United States, as HIV disease; ‘‘(A) IN GENERAL.—Subject to the extent of defined in paragraph (3), shall be an amount ‘‘(5) hemophiliacs with HIV disease; and amounts made available in appropriations determined under paragraph (2). April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4293

‘‘(2) DETERMINATION.— administering this subparagraph, the Sec- (1) Research studies and Statewide clinical ‘‘(A) FORMULA.—The amount referred to in retary shall, with respect to States that will experiences have demonstrated that admin- paragraph (1)(A)(ii) for a State and para- receive grants in amounts that exceed the istration of anti-retroviral medication dur- graph (1)(B) for a territory of the United amounts that such States received under ing pregnancy can significantly reduce the States shall be the product of— this part in fiscal year 1995, proportionally transmission of the human ‘‘(i) an amount equal to the amount appro- reduce such amounts to ensure compliance immunodeficiency virus (commonly known priated under section 2677 for the fiscal year with this subparagraph. In making such re- as HIV) from an infected mother to her baby. involved for grants under part B, subject to ductions, the Secretary shall ensure that no (2) The Centers for Disease Control and subparagraph (H); and such State receives less than that State re- Prevention have recommended that all preg- ‘‘(ii) the percentage constituted by the sum ceived for fiscal year 1995. nant women receive HIV counseling; vol- of— ‘‘(ii) RATABLE REDUCTION.—If the amount untary, confidential HIV testing; and appro- ‘‘(I) the product of .80 and the ratio of the appropriated under section 2677 and available priate medical treatment (including anti- State distribution factor for the State or ter- for allocation under this part is less than the retroviral therapy) and support services. ritory (as determined under subsection (B)) amount appropriated and available under (3) The provision of such testing without to the sum of the respective State distribu- this part for fiscal year 1995, the limitation access to such counseling, treatment, and tion factors for all States or territories; and contained in clause (i) shall be reduced by a services will not improve the health of the ‘‘(II) the product of .20 and the ratio of the percentage equal to the percentage of the re- woman or the child. non-EMA distribution factor for the State or duction in such amounts appropriated and (4) The provision of such counseling, test- territory (as determined under subparagraph available. ing, treatment, and services can reduce the (C)) to the sum of the respective distribution ‘‘(H) APPROPRIATIONS FOR TREATMENT DRUG number of pediatric cases of acquired im- factors for all States or territories. PROGRAM.—With respect to the fiscal year in- mune deficiency syndrome, can improve ac- ‘‘(B) STATE DISTRIBUTION FACTOR.—For pur- volved, if under section 2677 an appropria- cess to and provision of medical care for the poses of subparagraph (A)(ii)(I), the term tions Act provides an amount exclusively for woman, and can provide opportunities for ‘State distribution factor’ means an amount carrying out section 2616, the portion of such counseling to reduce transmission among equal to the estimated number of living amount allocated to a State shall be the adults, and from mother to child. cases of acquired immune deficiency syn- product of— (5) The provision of such counseling, test- drome in the eligible area involved, as deter- ‘‘(i) 100 percent of such amount; and ing, treatment, and services can reduce the mined under subparagraph (D). ‘‘(ii) the percentage constituted by the overall cost of pediatric cases of acquired ‘‘(C) NON-EMA DISTRIBUTION FACTOR.—For ratio of the State distribution factor for the immune deficiency syndrome. purposes of subparagraph (A)(ii)(II), the term State (as determined under subparagraph (6) The cancellation or limitation of health ‘non-ema distribution factor’ means an (B)) to the sum of the State distribution fac- insurance or other health coverage on the amount equal to the sum of— tors for all States.’’. basis of HIV status should be impermissible ‘‘(i) the estimated number of living cases of SEC. 6. CONSOLIDATION OF AUTHORIZATIONS OF under applicable law. Such cancellation or acquired immune deficiency syndrome in the APPROPRIATIONS. limitation could result in disincentives for State or territory involved, as determined (a) IN GENERAL.—Part D of title XXVI (42 appropriate counseling, testing, treatment, under subparagraph (D); less U.S.C. 300ff–71) is amended by adding at the and services. ‘‘(ii) the estimated number of living cases end thereof the following new section: (7) For the reasons specified in paragraphs of acquired immune deficiency syndrome in ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- (1) through (6)— such State or territory that are within an el- TIONS. (A) routine HIV counseling and voluntary igible area (as determined under part A). ‘‘(a) IN GENERAL.—Subject to subsection testing of pregnant women should become ‘‘(D) ESTIMATE OF LIVING CASES.—The (b), there are authorized to be appropriated the standard of care; and amount determined in this subparagraph is to make grants under parts A and B, such (B) the relevant medical organizations as an amount equal to the product of— sums as may be necessary for each of the fis- well as public health officials should issue ‘‘(i) the number of cases of acquired im- cal years 1996 through 2000. guidelines making such counseling and test- mune deficiency syndrome in the State or ‘‘(b) DEVELOPMENT OF METHODOLOGY.— ing the standard of care. territory during each year in the most re- ‘‘(1) IN GENERAL.—With respect to each of (b) ADDITIONAL REQUIREMENTS FOR cent 120-month period for which data are the fiscal years 1997 through 2000, the Sec- GRANTS.—Part B of title XXVI (42 U.S.C. available with respect to all States and terri- retary shall develop and implement a meth- 300ff–21 et seq.) is amended— tories, as indicated by the number of such odology for adjusting the percentages allo- (1) by inserting after the part heading the cases reported to and confirmed by the Di- cated to part A and part B to account for following: grants to new eligible areas under part A and rector of the Centers for Disease Control and ‘‘Subpart I—General Grant Provisions’’; Prevention for each year during such period; other relevant factors. Not later than July 1, 1996, the Secretary shall prepare and submit (2) in section 2611(a), by adding at the end and the following sentence: ‘‘The authority of ‘‘(ii) with respect to each of the first to the appropriate committees of Congress a report regarding the findings with respect to the Secretary to provide grants under part B through the tenth year during such period, is subject to section 2626(e)(2) (relating to the amount referred to in 2603(a)(3)(C)(ii). the methodology developed under this para- graph. the decrease in perinatal transmission of ‘‘(E) PUERTO RICO, VIRGIN ISLANDS, GUAM.— HIV disease).’’; and For purposes of subparagraph (D), the cost ‘‘(2) FAILURE TO IMPLEMENT.—If the Sec- retary determines that such a methodology (3) by adding at the end thereof the follow- index for Puerto Rico, the Virgin Islands, ing new subpart: and Guam shall be 1.0.’’. under paragraph (1) cannot be developed, there are authorized to be appropriated— ‘‘Subpart II—Provisions Concerning Preg- ‘‘(F) UNEXPENDED FUNDS.—The Secretary nancy and Perinatal Transmission of HIV may, in determining the amount of a grant ‘‘(A) such sums as may be necessary to for a fiscal year under this subsection, adjust carry out part A for each of the fiscal years ‘‘SEC. 2625. CDC GUIDELINES FOR PREGNANT WOMEN. the grant amount to reflect the amount of 1997 through 2000; and ‘‘(a) REQUIREMENT.—Notwithstanding any unexpended and uncanceled grant funds re- ‘‘(B) such sums as may be necessary to other provision of law, a State shall, not maining at the end of the fiscal year preced- carry out part B for each of the fiscal years later than 120 days after the date of enact- ing the year for which the grant determina- 1997 through 2000.’’. (b) REPEALS.—Sections 2608 and 2620 (42 ment of this subpart, certify to the Sec- tion is to be made. The amount of any such U.S.C. 300ff–18 and 300ff–30) are repealed. retary that such State has in effect regula- unexpended funds shall be determined using (c) CONFORMING AMENDMENTS.—Title XXVI tions or measures to adopt the guidelines is- the financial status report of the grantee. is amended— sued by the Centers for Disease Control and ‘‘(G) LIMITATION.— (1) in section 2603 (42 U.S.C. 300ff–13)— Prevention concerning recommendations for ‘‘(i) IN GENERAL.—The Secretary shall en- (A) in subsection (a)(2), by striking ‘‘2608’’ human immunodeficiency virus counseling sure that the amount of a grant awarded to and inserting ‘‘2677’’; and and voluntary testing for pregnant women. a State or territory for a fiscal year under (B) in subsection (b)(1), by striking ‘‘2608’’ ‘‘(b) NONCOMPLIANCE.—If a State does not this part is equal to not less than— and inserting ‘‘2677’’; provide the certification required under sub- ‘‘(I) with respect to fiscal year 1996, 100 per- (2) in section 2605(c)(1) (42 U.S.C. 300ff– section (a) within the 120-day period de- cent; 15(c)(1)) is amended by striking ‘‘2608’’ and scribed in such subsection, such State shall ‘‘(II) with respect to fiscal year 1997, 99 per- inserting ‘‘2677’’; and not be eligible to receive assistance for HIV cent; (3) in section 2618 (42 U.S.C. 300ff–28)— counseling and testing under this section ‘‘(III) with respect to fiscal year 1998, 98 (A) in subsection (a)(1), is amended by until such certification is provided. percent; striking ‘‘2620’’ and inserting ‘‘2677’’; and ‘‘(c) ADDITIONAL FUNDS REGARDING WOMEN ‘‘(IV) with respect to fiscal year 1999, 96.5 (B) in subsection (b)(1), is amended by AND INFANTS.— percent; and striking ‘‘2620’’ and inserting ‘‘2677’’. ‘‘(1) IN GENERAL.—If a State provides the ‘‘(V) with respect to fiscal year 2000, 95 per- SEC. 7. PERINATAL TRANSMISSION OF HIV DIS- certification required in subsection (a) and is cent; EASE. receiving funds under part B for a fiscal of the amount such State or territory re- (a) FINDINGS.—The Congress finds as fol- year, the Secretary may (from the amounts ceived for fiscal year 1995 under this part. In lows: available pursuant to paragraph (2)) make a H4294 CONGRESSIONAL RECORD — HOUSE April 30, 1996 grant to the State for the fiscal year for the routine practices, paragraph (2) shall apply ‘‘(4) That, in disclosing the test results to following purposes: on and after the expiration of the 18-month an individual under paragraph (2) or (3), ap- ‘‘(A) Making available to pregnant women period beginning on the date on which the propriate counseling on the human appropriate counseling on HIV disease. determination is so published. immunodeficiency virus be made available to ‘‘(B) Making available outreach efforts to ‘‘(2) REQUIREMENT.—Subject to subsection the individual (except in the case of a disclo- pregnant women at high risk of HIV who are (f), the Secretary shall not make a grant sure to an official of a State or an authorized not currently receiving prenatal care. under part B to a State unless the State agency). ‘‘(C) Making available to such women vol- meets not less than one of the following re- ‘‘(5) With respect to State insurance laws, untary HIV testing for such disease. quirements: that such laws require— ‘‘(D) Offsetting other State costs associ- ‘‘(A) A 50 percent reduction (or a com- ‘‘(A) that, if health insurance is in effect ated with the implementation of this section parable measure for States with less than 10 for an individual, the insurer involved may and subsections (a) and (b) of section 2626. cases) in the rate of new cases of AIDS (rec- not (without the consent of the individual) ‘‘(E) Offsetting State costs associated with ognizing that AIDS is a suboptimal proxy for discontinue the insurance, or alter the terms the implementation of mandatory newborn tracking HIV in infants and was selected be- of the insurance (except as provided in sub- testing in accordance with this title or at an cause such data is universally available) as a paragraph (C)), solely on the basis that the earlier date than is required by this title. result of perinatal transmission as compared individual is infected with HIV disease or ‘‘(2) FUNDING.—For purposes of carrying to the rate of such cases reported in 1993 (a solely on the basis that the individual has out this subsection, there are authorized to State may use HIV data if such data is avail- been tested for the disease or its manifesta- be appropriated $10,000,000 for each of the fis- able). tion; cal years 1996 through 2000. Amounts made ‘‘(B) At least 95 percent of women in the ‘‘(B) that subparagraph (A) does not apply available under section 2677 for carrying out State who have received at least two pre- to an individual who, in applying for the this part are not available for carrying out natal visits (consultations) prior to 34 weeks health insurance involved, knowingly mis- this section unless otherwise authorized. gestation with a health care provider or pro- represented the HIV status of the individual; ‘‘(3) PRIORITY.—In awarding grants under vider group have been tested for the human and this subsection the Secretary shall give pri- immunodeficiency virus. ‘‘(C) that subparagraph (A) does not apply ority to States that have the greatest pro- ‘‘(C) The State has in effect, in statute or to any reasonable alteration in the terms of portion of HIV seroprevalance among child through regulations, the requirements speci- health insurance for an individual with HIV bearing women using the most recent data fied in paragraphs (1) through (5) of section disease that would have been made if the in- available as determined by the Centers for 2627. dividual had a serious disease other than ‘‘(f) LIMITATION REGARDING AVAILABILITY Disease Control and Prevention. HIV disease. OF FUNDS.—With respect to an activity de- ‘‘SEC. 2626. PERINATAL TRANSMISSION OF HIV scribed in any of paragraphs (1) through (5) For purposes of this subparagraph, a statute DISEASE; CONTINGENT REQUIRE- of section 2627, the requirements established or regulation shall be deemed to regulate in- MENT REGARDING STATE GRANTS surance for purposes of this paragraph only UNDER THIS PART. by a State under this section apply for pur- to the extent that such statute or regulation ‘‘(a) ANNUAL DETERMINATION OF REPORTED poses of this section only to the extent that is treated as regulating insurance for pur- CASES.—A State shall annually determine the following sources of funds are available the rate of reported cases of AIDS as a result for carrying out the activity: poses of section 514(b)(2) of the Employee Re- of perinatal transmission among residents of ‘‘(1) Federal funds provided to the State in tirement Income Security Act of 1974. the State. grants under part B or under section 2625, or ‘‘SEC. 2628. REPORT BY THE INSTITUTE OF MEDI- ‘‘(b) CAUSES OF PERINATAL TRANSMISSION.— through other Federal sources under which CINE. In determining the rate under subsection (a), payments for routine HIV testing, counsel- ‘‘(a) IN GENERAL.—The Secretary shall re- a State shall also determine the possible ing or treatment are an eligible use. quest that the Institute of Medicine of the causes of perinatal transmission. Such ‘‘(2) Funds that the State or private enti- National Academy of Sciences conduct an causes may include— ties have elected to provide, including evaluation of the extent to which State ef- ‘‘(1) the inadequate provision within the through entering into contracts under which forts have been effective in reducing the State of prenatal counseling and testing in health benefits are provided. This section perinatal transmission of the human accordance with the guidelines issued by the does not require any entity to expend non- immunodeficiency virus, and an analysis of Centers for Disease Control and Prevention; Federal funds. the existing barriers to the further reduction ‘‘(2) the inadequate provision or utilization ‘‘SEC. 2627. TESTING OF PREGNANT WOMEN AND in such transmission. within the State of appropriate therapy or NEWBORN INFANTS. ‘‘(b) REPORT TO CONGRESS.—The Secretary failure of such therapy to reduce perinatal ‘‘An activity or requirement described in shall ensure that, not later than 2 years after transmission of HIV, including— this section is any of the following: the date of enactment of this section, the ‘‘(A) that therapy is not available, acces- ‘‘(1) In the case of newborn infants who are evaluation and analysis described in sub- sible or offered to mothers; or born in the State and whose biological moth- section (a) is completed and a report summa- ‘‘(B) that available therapy is offered but ers have not undergone prenatal testing for rizing the results of such evaluation and not accepted by mothers; or HIV disease, that each such infant undergo analysis is prepared by the Institute of Medi- ‘‘(3) other factors (which may include the testing for such disease. cine and submitted to the appropriate com- lack of prenatal care) determined relevant ‘‘(2) That the results of such testing of a mittees of Congress together with the rec- by the State. newborn infant be promptly disclosed in ac- ommendations of the Institute. ‘‘(c) CDC REPORTING SYSTEM.—Not later cordance with the following, as applicable to ‘‘SEC. 2629. STATE HIV TESTING PROGRAMS ES- than 4 months after the date of enactment of the infant involved: TABLISHED PRIOR TO OR AFTER EN- the this subpart, the Director of the Centers ‘‘(A) To the biological mother of the infant ACTMENT. for Disease Control and Prevention shall de- (without regard to whether she is the legal ‘‘Nothing in this subpart shall be con- velop and implement a system to be used by guardian of the infant). strued to disqualify a State from receiving States to comply with the requirements of ‘‘(B) If the State is the legal guardian of grants under this title if such State has es- subsections (a) and (b). The Director shall the infant: tablished at any time prior to or after the issue guidelines to ensure that the data col- ‘‘(i) To the appropriate official of the State date of enactment of this subpart a program lected is statistically valid. agency with responsibility for the care of the of mandatory HIV testing.’’. ‘‘(d) DETERMINATION BY SECRETARY.—Not infant. SEC. 8. SPOUSAL NOTIFICATION. later than 180 days after the expiration of ‘‘(ii) To the appropriate official of each au- (a) IN GENERAL.—The Secretary of Health the 18-month period beginning on the date on thorized agency providing assistance in the and Human Services shall not make a grant which the system is implemented under sub- placement of the infant. under part B of title XXVI of the Public section (c), the Secretary shall publish in the ‘‘(iii) If the authorized agency is giving sig- Health Service Act (42 U.S.C. 300ff–21 et seq.) Federal Register a determination of whether nificant consideration to approving an indi- to any State unless such State takes admin- it has become a routine practice in the provi- vidual as a foster parent of the infant, to the istrative or legislative action to require that sion of health care in the United States to prospective foster parent. a good faith effort be made to notify a spouse carry out each of the activities described in ‘‘(iv) If the authorized agency is giving sig- of a known HIV-infected patient that such paragraphs (1) through (5) of section 2627. In nificant consideration to approving an indi- spouse may have been exposed to the human making the determination, the Secretary vidual as an adoptive parent of the infant, to immunodeficiency virus and should seek shall consult with the States and with other the prospective adoptive parent. testing. public or private entities that have knowl- ‘‘(C) If neither the biological mother nor (b) DEFINITIONS.—For purposes of this sec- edge or expertise relevant to the determina- the State is the legal guardian of the infant, tion: tion. to another legal guardian of the infant. (1) SPOUSE.—The term ‘‘spouse’’ means any ‘‘(e) CONTINGENT APPLICABILITY.— ‘‘(D) To the child’s health care provider. individual who is the marriage partner of an ‘‘(1) IN GENERAL.—If the determination ‘‘(3) That, in the case of prenatal testing HIV-infected patient, or who has been the published in the Federal Register under sub- for HIV disease that is conducted in the marriage partner of that patient at any time section (d) is that (for purposes of such sub- State, the results of such testing be prompt- within the 10-year period prior to the diag- section) the activities involved have become ly disclosed to the pregnant woman involved. nosis of HIV infection. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4295

(2) HIV-INFECTED PATIENT.—The term (B) by redesignating the second subsection 3. PLANNING COUNCIL ROLES AND ‘‘HIV-infected patient’’ means any individual (g) as subsection (h); RESPONSIBILITIES who has been diagnosed to be infected with (6) in section 2649— The Senate bill prohibits the Planning the human immunodeficiency virus. (A) in subsection (b)(1), by striking ‘‘sub- Council from being chaired solely by an em- (3) STATE.—The term ‘‘State’’ means any of section (a) of’’; and ployee of the grantee. The House bill con- the 50 States, the District of Columbia, or (B) in subsection (c)(1), by striking ‘‘this tains no such prohibition. The House re- any territory of the United States. subsection’’ and inserting ‘‘subsection’’; cedes. SEC. 9. OPTIONAL PARTICIPATION OF FEDERAL (7) in section 2651— The House bill provides that the planning EMPLOYEES IN AIDS TRAINING PRO- (A) in subsection (b)(3)(B), by striking ‘‘fa- council may not be directly involved in the GRAMS. cility’’ and inserting ‘‘facilities’’; and administration of a grant to a provider under (a) IN GENERAL.—Notwithstanding any (B) in subsection (c), by striking ‘‘exist’’ Section 2601(a) nor designate particular enti- other provision of law, a Federal employee and inserting ‘‘exists’’; ties as recipients of grants. Planning council may not be required to attend or participate (8) in section 2676— members must also agree to comply with in an AIDS or HIV training program if such (A) in paragraph (2), by striking ‘‘section’’ measures relating to conflicts of interest. employee refuses to consent to such attend- and all that follows through ‘‘by the’’ and in- The Senate bill does not contain such provi- ance or participation, except for training serting ‘‘section 2686 by the’’; and sions. The Senate recedes with an amend- necessary to protect the health and safety of (B) in paragraph (10), by striking ‘‘673(a)’’ ment that the duties of the planning council, the Federal employee and the individuals and inserting ‘‘673(2)’’; in addition to establishing funding priorities, served by such employees. An employer may (9) in part E, by converting the headings include making recommendations concern- not retaliate in any manner against such an for subparts I and II to Roman typeface; and ing how best to meet established priorities. employee because of the refusal of such em- (10) in section 2684(b), in the matter preced- It is the intent of the Conferees that the ployee to consent to such attendance or par- ing paragraph (1), by striking ‘‘section planning council provide guidance to the ticipation. 2682(d)(2)’’ and inserting ‘‘section 2683(d)(2)’’. grantee regarding the types of organizations (b) DEFINITION.—As used in subsection (a), SEC. 13. EFFECTIVE DATE. that may best meet each service priority es- the term ‘‘Federal employee’’ has the same (a) IN GENERAL.—Except as provided in tablished by the planning council. Types of meaning given the term ‘‘employee’’ in sec- subsection (b), this Act, and the amendments organizations may, for example, include out- tion 2105 of title 5, United States Code, and made by this Act, shall become effective on patient clinics, community-based organiza- such term shall include members of the October 1, 1996. tions that historically have served affected armed forces. (b) EXCEPTION.—The amendments made by communities and other types of organiza- SEC. 10. PROHIBITION ON PROMOTION OF CER- sections 3(a), 5, 6, and 7 of this Act to sec- tions that meet criteria outlined in the legis- TAIN ACTIVITIES. tions 2601(c), 2601(d), 2603(a), 2618(b), 2626, lation (i.e., cost effectiveness, priority of the Part D of title XXVI of the Public Health 2677, and 2691 of the Public Health Service affected community, etc.) While the con- Service Act (42 U.S.C. 300ff–71) as amended Act, shall become effective on the date of en- ferees expect the grantee through the grant by section 6, is further amended by adding at actment of this Act. making process to satisfy the target popu- the end thereof the following new section: And the House agree to the same. lation, service, and service delivery prior- ‘‘SEC. 2678. PROHIBITION ON PROMOTION OF That the Senate recede from its disagree- ities established by the planning council, CERTAIN ACTIVITIES. ment to the amendment of the House to the they do not intend that the planning council ‘‘None of the funds authorized under this title of the bill, and agree to the same. select which particular organizations receive title shall be used to fund AIDS programs, or TOM BLILEY, funding, either by specific direction or by to develop materials, designed to promote or MICHAEL BILIRAKIS, narrowly describing a type of organization. encourage, directly, intravenous drug use or TOM COBURN, The legislation clearly states that such a sexual activity, whether homosexual or het- HENRY A. WAXMAN, planning council role is prohibited. The Con- erosexual. Funds authorized under this title GERRY STUDDS, ferees expect that the planning council will may be used to provide medical treatment Managers on the Part of the House. help to guide the grantee in how best to and support services for individuals with NANCY LANDON meet the established service priorities. HIV.’’. KASSEBAUM, 4. GRIEVANCE PROCEDURES SEC. 11. LIMITATION ON APPROPRIATIONS. JIM JEFFORDS, The Senate bill mandates that planning Notwithstanding any other provision of BILL FRIST, councils establish operating procedures law, the total amounts of Federal funds ex- EDWARD M. KENNEDY, which include specific policies for resolving pended in any fiscal year for AIDS and HIV CHRISTOPHER J. DODD, disputes, responding to grievances, and mini- activities may not exceed the total amounts Managers on the Part of the Senate. mizing and managing conflicts of interest. expended in such fiscal year for activities re- JOINT EXPLANATORY STATEMENT OF The House bill contains no such mandate. lated to cancer. THE COMMITTEE ON CONFERENCE The House recedes with an amendment that the operating procedures relating to conflict SEC. 12. ADDITIONAL PROVISIONS. 1. SHORT TITLE (a) DEFINITIONS.—Section 2676(4) (42 U.S.C. of interest and grievance procedures be lo- The Senate Bill titles the Act the Ryan 300ff–76(4)) is amended by inserting ‘‘funeral- cally developed and included in the eligible White CARE Reauthorization Act of 1995. service practitioners,’’ after ‘‘emergency area’s application for Part A formula funds. The House bill is titled the Ryan White medical technicians,’’. The Senate bill includes a requirement CARE Act Amendments of 1995. The Senate (b) MISCELLANEOUS AMENDMENT.—Section that the Secretary develop grievance proce- recedes. 1201(a) (42 U.S.C. 300d(a)) is amended in the dures specific to each part of the Act, to re- matter preceding paragraph (1) by striking 2. ELIGIBILITY AND EFFECTIVE DATES solve egregious violations of each part, and ‘‘The Secretary,’’ and all that follows The Conferees agreed to make October 1, to establish appropriate enforcement mecha- through ‘‘shall,’’ and inserting ‘‘The Sec- 1996 the general effective date for the Act. nisms. The House bill contains no such pro- retary shall,’’. However, the amendments limiting eligible vision. The Senate recedes with an amend- (c) TECHNICAL CORRECTIONS.—Title XXVI areas to those with a population of 500,000 or ment to require the Secretary to convene a (42 U.S.C. 300ff–11 et seq.) is amended— higher, continuing the eligibility of current process involving grantees and outside ex- (1) in section 2601(a), by inserting ‘‘sec- EMAs, and all formula changes (including perts to develop models and prototypes for tion’’ before ‘‘2604’’; the provisions on single appropriations and locally established grievance procedures, and (2) in section 2603(b)(4)(B), by striking ‘‘an funding for Special Projects of National Sig- lay out key elements that should be ad- expedited grants’’ and inserting ‘‘an expe- nificance) are effective immediately upon dressed in setting up grievance and arbitra- dited grant’’; passage of the Act. The Secretary is required tion processes at the local level. (3) in section 2617(b)(3)(B)(iv), by inserting to make a report to Congress on the single The Committee wishes to emphasize that ‘‘section’’ before ‘‘2615’’; appropriations provision by July 1, 1996. the grievance procedures should be locally (4) in section 2647— It is the intent of the Conferees that, be- established, with assistance from the Sec- (A) in subsection (a)(1), by inserting ‘‘to’’ ginning in fiscal year 1996 and continuing retary. The procedures are to be reviewed by before ‘‘HIV’’; through the reauthorization period, no new the Health Resources and Services Adminis- (B) in subsection (c), by striking ‘‘section metropolitan area with fewer than 500,000 tration to ensure that they adequately ad- 2601’’ and inserting ‘‘section 2641’’; and people be eligible for Part A funds. On Octo- dress potential conflicts and grievances. (C) in subsection (d)— ber 1, 1996, the period for counting AIDS While the bill does not require the Secretary (i) in the matter preceding paragraph (1), cases to determine eligibility is reduced to to establish federal grievance procedures, by striking ‘‘section 2601’’ and inserting the most recent five calendar years. The the Committee emphasizes that the Sec- ‘‘section 2641’’; and Conferees wish to make clear, however, that retary has the power, under this Act and ex- (ii) in paragraph (1), by striking ‘‘has in metropolitan areas, once eligible to receive isting law on federal contracts and grants, to place’’ and inserting ‘‘will have in place’’; Part A funds, and all metropolitan areas cur- withhold funds for violations of the Act. (5) in section 2648— rently receiving such funds, shall remain eli- 5. SUPPLEMENTAL GRANTS (A) by converting the heading for the sec- gible regardless of fluctuations in the five The Senate bill requires that the supple- tion to boldface type; and year case count over time. mental grant application demonstrate that H4296 CONGRESSIONAL RECORD — HOUSE April 30, 1996 the planning council include representatives the percentage of women, infants, and chil- funds on consortia. The Senate does not of the requisite population groups, service dren with AIDS. eliminate this provision. The Senate recedes. provides, and affected communities. The 8. ADMINISTRATIVE COSTS The Conferees want to emphasize that the House bill does not include such a provision. purpose of the Act is to provide health care Both the House and Senate bills maintain The House recedes. services to individuals with HIV and AIDS. the administrative costs caps for Part A The House bill requires that the supple- It is the expectation of the conferees that grantees and the Senate bill defines these mental grant application demonstrate that states will maximize the funds spent directly costs. For Part B, the Senate bill defines ad- both formula and supplemental grant funds on health care services. ministrative costs and modifies existing ad- from the previous year were distributed ac- The Conferees wish to emphasize that the ministrative cost caps for grantees. Part B cording to the priorities established by the eligible funding areas under Part B are flexi- grantees are limited to spending not more planning council. The Senate bill does not ble enough to allow states to implement an than than 10% of the award they receive in a contain such a provision. The Senate re- appropriate array of services. With Part B fiscal year on administrative costs and 10% cedes. funds, states can establish treatment pro- of that award on planning and evaluation ac- grams, health insurance continuation pro- 6. SEVERE NEED tivities. However, total spending on adminis- grams, home health care programs and con- The Conferees agreed to clarify the mean- tration, planning, and evaluation cannot ex- sortia. The Conferees expect states to use ing of ‘‘severe need’’ for the purposes of sup- ceed 15% of the award a grantee receives in funds to provide or ensure the provision of plemental funding under Title I. The Sec- a fiscal year. The House recedes to the defi- services eligible for funding under Part A. retary is directed to develop a quantitative nition of administrative costs and to the 15% Where consortia exist or are established measurement of that need and incorporate it cap. under this part, in areas that would have into supplemental funding allocation deci- Regarding entities receiving funds from been eligible for direct part A funding prior sions. The development of a quantitative Part A or Part B grantees, the Senate limits to enactment of this Act, they should func- measurement of severe need is not intended expenditures for administrative activities to tion as planning bodies for local service de- to replace existing factors the Secretary 12.5% for each such entity. The bill specifi- livery, much as planning councils function may use to determine supplemental awards, cally defines administrative costs for these under Part A. such as comprehensive planning, magnitude entities. The House bill limits such expendi- The Conferees also emphasize that the of the epidemic, planning council function- tures to 10% as measured across all entities elimination of the requirement that states ing and CEO responsibilities, program and receiving funding from Part A or Part B with more than 1% of national AIDS cases fiscal performance, needs assessment and the grantees, without regard to whether an indi- expend at least 50% of their Part B award on match between needs and service priorities. vidual entity is above or below that percent- consortia is not to be interpreted to mean The Conferees believe that a comparison of age. For example, if a state or eligible area that Part A medical services should not be severe need across EMAs should be part of awards $1 million to 10 service providers, re- provided to beneficiaries who reside outside the review of applications for supplemental gardless of the amount an individual pro- an eligible area. Eliminating the 50% ex- grants and compare service delivery costs vider spends on administration, the amount penditure requirement provides more flexi- and complexity of delivering services due to spent on administration added across all 10 bility to respond to local needs. comorbidity and other factors listed in the providers cannot exceed $100,000 (10% of $1 legislation. The Conferees emphasize that million). For Part B grantees, entities sub- 11. MINIMUM DRUG FORMULARY the list of factors is not all inclusive and rec- ject to this cost cap include the lead agen- The Senate bill requires the Secretary to ognizes that data needed to quantify these cies of consortia in carrying out their admin- develop a minimum drug formulary for sug- factors may not be available. The Secretary istrative duties associated with the oper- gested use by the states which must docu- may consider other factors, to account ap- ation of the consortium. The Senate recedes ment their success in implementing the de- propriately for differences in the cost and with an amendment to include the Senate veloped formulary. The House bill requires complexity of service delivery across eligible bill’s definition of administrative costs. some portion of Part B funds to be used to areas. Those factors which are associated The Conferees wish to emphasize that fund drug assistance programs, including with nationwide quantitative data, however, grantees and subcontractors that can re- measures for the prevention and treatment should be given the highest importance. The strain administrative costs to less than 10% of opportunistic infections. The Senate re- Conferees intend that the Secretary have should do so. The set amount should be re- cedes with an amendment to strike ref- flexibility in developing this quantitative garded as a ceiling, not a floor. erences in Section 2612(a)(2) and Section mechanism to carry out comparisons across 9. SINGLE APPLICATION 2616(a) to ‘‘treatments that have been deter- eligible areas. mined to prolong life’’ and replace them with The Senate bill allows the Secretary to In the past, supplemental awards have ‘‘therapeutics to treat HIV disease’’. phase in the use of single application for for- been allocated on the basis of the formula These amendments expand State flexibil- mula and supplemental Part A funds and the grant. By including criteria for severe need, ity to provide a broader range of treatments awarding of a single grant. The House bill the conferees intend that those eligible areas through State drug treatment programs makes this allowance contingent upon the with the greatest public health challenges be funded by Ryan White Care Act funds, by al- request of an individual grantee. The House given appropriate consideration for larger lowing State drug treatment programs to recedes. supplemental awards. provide any therapeutics that treat HIV and It is the intent of the conferees that the 7. WOMEN, INFANTS, AND CHILDREN AIDS, rather than only those that ‘‘have Secretary have the authority to implement been determined to prolong life.’’ This is in- The House bill requires Part A and Part B mechanisms necessary to make a single tended to increase access for persons with grantees to utilize a portion of their funds to grant based on a single application. It is the HIV and AIDS to treatments targeted toward provide health and support services to understanding of the conferees that the use various aspects of the disease, to prolong women, infants, and children. The grantees of such a grant and application will reduce life. Such treatments may, for example, by are required to utilize at least 5 percent of the administrative burdens on the Secretary, addressing certain specific symptoms of HIV such funds or a percentage of funds equal to grantees, and individual providers. Under and AIDS, improve an individual’s quality of the ratio of women, infants, and children current methods, these entities often must life. With this flexibility, states will be able with AIDS to the entire population with track two separate funding streams that ac- to improve access to the growing range of AIDS, whichever is less. The Senate bill does crue to a single provider for the same serv- treatment options for HIV and AIDS, ena- not contain such provisions. The Senate re- ices. bling patients to benefit from recent ad- cedes with an amendment to strike the 15 Use of a single grant or single application, vances in the treatment of the disease. percent comparison and, in the case of Part however, must not result in a delay in allo- The Senate bill requires the Secretary to A grantees, to require that the grantee uti- cating funding under the Act. lize the appropriate percentage of funds in review the current status of State drug reim- accordance with the priorities established by 10. USE OF PART B FUNDS bursement programs and assess barriers to the planning council. The House bill adds a fifth eligible use of the expanded availability of prophylactic The House bill requires that these funds be Part B funds, allowing states to fund serv- treatments for opportunistic infections. The used primarily for the prevention of ices directly. The Senate bill does not in- House bill does not contain such provisions. perinatal HIV transmission. The Senate bill clude such a provision. The Senate recedes The House recedes with an amendment to re- does not contain such a provision. The House with an amendment that, in order to fund place ‘‘prophylactic treatment’’ with ‘‘treat- recedes with an amendment that language be these services outside an existing consortia ments described in subsection (a)’’ and to re- included which indicates that services fund- system, the state must demonstrate to the quire states to document their progress in ed by the set-aside may include treatments Secretary that utilizing other service deliv- making those treatments available. to prevent the perinatal transmission of ery mechanisms is more effective. In making In addition, the amendments require the HIV. that determination, the State must consult Secretary to evaluate the effectiveness of It is the intent of the conferees that fund- with service provider representatives and re- State drug treatment programs in removing ing be allocated based on the demographics cipients of services. barriers to the availability of this wider of the epidemic in a local area, and that The House bill eliminates the requirement range of therapeutics to treat HIV and AIDS, spending for services for women, infants, and that states with more than 1% of all cases of and also to evaluate the extent to which children be equal, on a percentage basis, to AIDS expend at least 50% of their Part B State drug treatment programs coordinate April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4297 with other recipients of Ryan White Care types of services that are eligible for early tient and the family to participate in the ap- Act funds to remove barriers to the avail- intervention funds. The Senate recedes with plicant’s program, and referrals to inpatient ability of treatments for HIV and AIDS. an amendment that the House listed services hospital services, treatment for substance States also are required to document their are for people with HIV. abuse, mental health services, and other sup- progress in making treatments available to The Senate requires that 50% of early port services as appropriate. those eligible for assistance under the Ryan intervention grants to primary health care The House bill requires the grant applicant White Care Act, namely low-income individ- facilities, including migrant health centers, to make reasonable efforts to identify pro- uals who have been medically diagnosed with centers that provide health services for the spective patients who would be appropriate HIV or AIDS. These requirements for evalua- homeless, and other federally-qualified participants in research projects and to offer tion and documentation are designed to as- health centers, be expended on-site or at patients the opportunity to participate in sure that these funds are being used effi- sites where other primary care services are projects. The Senate bill requires a broader ciently and effectively to achieve the goals rendered. The House bill does not contain list of assurances from the applicant, includ- of the Ryan White Care Act, specifically in such a provision. The House recedes. ing that the grant will be used primarily to the area of improving access for low income The conferees recognize that some grant- serve children, youth, and women; and that individuals to medical treatments for HIV ees operate as consortia to provide services the applicant will arrange with research en- tities to collaborate in the conduct of facili- and AIDS. specifically designed for HIV/AIDS. These The Conferees emphasize that the Sec- programs and the guidelines developed must tation of voluntary patient participation in qualified research protocols. The Senate re- retary is encouraged to advise states on meet the needs of people living with HIV/ cedes with an amendment to require entities classes of drugs that have been found effec- AIDS and assure that direct services are pro- to identify appropriate patients through the tive in preventing and treating HIV disease vided consistent with the needs of consum- use of criteria provided by the entity for as part of the assessment of barriers to ex- ers. that purpose. panded availability of therapeutics. For the The Senate bill provides planning and de- The House bill requires that applicant and purposes of this section, the Conferees in- velopment grants to public and nonprofit en- the project of research comply with accepted clude as therapeutics as pharmaceuticals (in- tities that are not direct providers of pri- standards of protection for human subjects cluding the necessary equipment to utilize mary health care to provide HIV-specific including the provision of written informed them) and other therapies which prevent the care services. The House bill provides the consent. The Senate bill requires the Sec- onset of opportunistic infections or deterio- grants to all eligible public and private non- retary to establish procedures which ensure ration of health. profit entities to provide early intervention those requirements. The Senate recedes. 12. STATEWIDE COORDINATED STATEMENT OF services. The Senate recedes with an amend- The Conferees wish to emphasize that re- NEED ment to add ‘‘HIV’’ to ‘‘early intervention ceipt of services by a patient shall not be services’’. The Senate bill requires the state public conditioned upon consent to participate in The Senate bill requires the Secretary to health agency administering Part B funds to research. give preference to entities that would pro- The House bill requires that for the third convene an annual meeting for the develop- vide HIV primary care services in rural or or subsequent fiscal year for which an appli- ment of a coordinated statement of need. under-served communities. The House bill cant seeks a grant, the applicant must as- The House bill does not define the Statewide requires preference to entities that currently sure that a significant number, as deter- Coordinated Statement of Need. The House provide HIV primary care services in rural mined by the Secretary, of women, infants, recedes with an amendment to require a and under-served communities. The Senate and children who are patients of the appli- periodic convening of such a meeting and to recedes with an amendment to delete ‘‘HIV’’ cant are participating in research projects. remove the parentheticals which describe re- from ‘‘HIV primary care services’’. The Senate bill does not contain such a pro- quired attendees. The Senate bill requires family planning vision. The Senate recedes. The Conferees intend for this activity to and hemophilia center grantees to ensure the Under the House bill, if the grantee is tem- result in a joint written statement developed availability of early intervention services porarily unable to comply with the ‘‘signifi- in partnership with all CARE Act grantees through a series of linkages to community- cant number’’ requirement, the Secretary within the State which identifies unmet based primary care providers and to estab- may grant a reasonable amount of time for need, epidemiological trends, barriers to care lish mechanisms for referrals and follow-up. the grantee to reestablish compliance, under and other appropriate issues which impact The House bill does not contain such a provi- certain circumstances. The Senate bill does on service availability. not contain such a provision. The Senate re- sion. The House recedes. The Conferees wish to emphasize that the cedes. The Senate bill increases the cap on ad- Statewide Coordinated Statement of Need In the House bill, the Secretary may waive ministrative costs to 10% and expands those and the process to create it should not sup- the ‘‘significant numbers’’ requirement for costs to include planning, evaluation, and plant existing planning processes utilized by an applicant who received a grant in fiscal technical assistance. The House bill contains grantees under this Act. It is meant to aug- year 1995 if the applicant is making a reason- no such provision. The House recedes with an ment such planning and should be used as a able effort toward meeting this goal. The au- amendment to lower the cap to 7.5% and tool to maximize coordination, integration, thority for the Secretary to issue this waiver eliminate inclusion of technical assistance. and effective linkages among the individual expires on October 1, 1998, and waivers issued entities funded by the Act. For existing 15. TITLE IV before October 1, 1998, expire on or before grantees, local plans and programs shall be The House bill titles Section 2671, Coordi- that date. The Senate bill does not contain considered consistent with the Coordinated nated Services and Access to Research for such a provision. The Senate recedes with an Statement of Need if the grantees can show Women, Infants, and Children. The Senate amendment to provide that applicants must, a good faith effort to participate in crafting bill titles this section, Grants for Coordi- not later than the end of the second fiscal the statement and a good faith consideration nated Services and Access to Research for year, meet the requirement that a signifi- of the statement in their planning and deci- Children, Youth, and Families. The Senate cant number of women, infants, children, sion making processes. New grantees must recedes with an amendment to add ‘‘Grants and youth participate in research projects. The Conferees intend that the Secretary demonstrate their good faith consideration for’’ at the beginning of the title, and ‘‘and interpret the term ‘‘significant number’’ in a of the statement in making their applica- Youth’’ at the end of the title. relative way. For grantees located in areas The House bill makes grants available to tions for funding. where there is access to many research ac- primary health care providers to provide op- 13. COORDINATION tivities, the ‘‘significant number’’ will be portunities for women, infants, and children The Senate bill requires the Public Health higher than for grantees located in more re- to participate as subjects in research of po- Service to coordinate the activities of the mote areas where research for women, in- tential clinical benefit. The Senate bill Health Resources and Services Administra- fants, and children is less accessible. The makes available such grants to facilitate tion, the Centers for Disease Control and Conferees intend that the Secretary take voluntary participation of those groups in Prevention, and the Substance Abuse and into account a variety of factors in deter- research protocols at the facility or by direct Mental Health Services Administration re- mining ‘‘significant numbers’’, including: the referral. The Senate recedes with an amend- garding the local development of a complete number and type of clients serviced by the ment to include youth in the eligible popu- continuum of HIV-related services for indi- grantee, and the nature and availability of lation group. viduals with HIV disease or at risk for HIV research programs accessible to patients of The House bill requires entities to provide disease. The House bill requires the Sec- the grantee, and other factors the Secretary outpatient health care to women, infants, retary to submit a report to Congress on co- considers to be relevant. and children. The Senate bill requires that ordination of agency activities. The Senate The Senate bill includes a provision requir- health care and support services be provided recedes with an amendment that the report ing submission of an application in such to children, youth, and women with HIV dis- be submitted biennially beginning October 1, form as the Secretary determines is nec- ease and the families of such individuals. 1996. essary. The House bill does not contain such The Senate recedes with an amendment to a provision. The House recedes. 14. EARLY INTERVENTION PROGRAMS require applicants to provide to patients and The House bill includes a section on Provi- The Senate bill stipulates that early inter- their families case management, transpor- sions Regarding Conduct of Research, allow- vention funds are for primary care services tation, child care, and other incidental serv- ing for the project of research to be con- for people with HIV. The House bill lists four ices as may be necessary to enable the pa- ducted by the applicant or by an entity with H4298 CONGRESSIONAL RECORD — HOUSE April 30, 1996 which the applicant has made arrangements. health and social services in association with less than 99% of its FY 95 award in FY 96, The Senate bill does not contain such a pro- voluntary participation in research pro- 98% of its FY 95 award in FY 97, 97% of its vision. The Senate recedes. grams. Such research will lead to a greater FY 95 award in FY 98, 96% of its FY 95 award The House bill requires that the grant may understanding of HIV disease among women, in FY 99, and 95% of its FY 95 award in FY not be expended for the conduct of any re- infants and children and to the development 2000. The House recedes with an amendment search project, that the research entity must of preventive and therapeutic measures ap- to replace the Senate funding loss caps with be appropriately qualified to conduct the propriate for those populations. The Con- losses such that no eligible area will receive project, and that the research project must ferees recognize that participation of chil- less than 100% of its FY 95 award in FY 96, be in accordance with the priorities deter- dren, youth, and pregnant women in HIV re- 99% of its FY 95 award in FY 97, 98% of its mined and listed by the Secretary in con- search programs is more successful when FY 95 award in FY 98, 96.5% of its FY 95 sultation with public and private research projects are convenient to women and chil- award in FY 99, and 95% of its FY 95 award entities, providers and recipients of services dren with HIV disease, when they are sen- in FY 2000. under Part B. An entity shall be considered sitive to needs for nontraditional services The conferees feel that the formula qualified if any research protocol of the en- such as child care and transportation serv- changes for Part A, including the hold harm- tity has been recommended for funding ices, and when the opportunities to partici- less provisions, adequately respond to the ge- under this Act pursuant to technical and sci- pate in research are provided within an es- ographic diversification of the epidemic entific peer review through the National In- tablished, comprehensive and community while simultaneously protecting against stitutes of Health. Under certain cir- based HIV care system. For this reason, it is major disruptions in service delivery. The cumstances, the Secretary may give priority the intent of the Conferees that entities re- Committee understands that the formula to a research protocol not on the list of high ceiving grants under this program provide or changes will reduce the amount of supple- priority research. The Senate bill requires arrange for innovative comprehensive HIV mental funds that have been traditionally the Secretary to establish mechanisms, in- care for children, youth, women, and fami- available to all Part A grantees because sup- cluding an independent research review lies with or affected by HIV. plemental funds will be used to fund the hold panel, to ensure that the research projects It is the intent of the Conferees for this harmless provisions. The Committee further are of potential clinical benefit and meet ac- program to be flexible but to organize, co- understands that this reduction in the avail- cepted standards of research design. The ordinate and support a broad range of HIV ability of supplemental funds could result in Senate recedes with an amendment to allow services linking institutional and commu- resource shifts beyond those built into the grantees to fund services that facilitate and nity-based providers. Grantees may provide a revised formula depending on the quality of coordinate client access to comprehensive wide range of health services and may make the supplemental application as determined care services and research projects. referrals for, or provide services to, facilitate by the review process. The Senate bill allows the Secretary to access to care. The Senate bill distributes Part B funds to waive the requirements regarding coordina- 16. AIDS DENTAL SCHOOL TRAINING states based on a formula that calculates tion, statewide coordinated statement of two distribution factors: the state factor, need, and appropriate research opportunities The House bill reauthorizes the current based on weighted AIDS case counts for each if the applicant provides assurances that the program and transfers it from Title 7 of the state and the non-EMA factor based on requirements will be met by the end of the Public health Service Act to Title 26. The weighted AIDS case counts for areas within second grant year, or, in the case of existing Senate bill does not reauthorize the pro- the state outside of Part A eligible areas. grantees, within one year. The House bill gram. The Senate recedes. Each of these distribution factors is weight- does not contain such a provision. The Sen- 17. EVALUATION OF RYAN WHITE PROGRAMS ed equally. The Senate bill also includes a ate recedes. The House bill authorizes funding for the The Senate bill contains a provision on provisions to cap funding losses such that no evaluation of Ryan White programs to come state will receive less than 98% of its FY 95 Evaluations and Data Collection, requiring from the 1% Public Health Service set aside. the Secretary to review the programs carried award in FY 96, 97% of its FY 95 award in FY The Senate bill does not contain such a pro- 97, 95.5% of its FY 95 award in FY 98, 94% of out under the section at the end of each fis- vision. The Senate recedes. cal year. The review may include rec- its FY 95 award in FY 99, and 92.5% of its FY 18. SPECIAL PROJECTS OF NATIONAL ommendations on improving access to and 95 award in FY 2000. The House bill retains SIGNIFICANCE participation in research protocols. The the Part B formula contained in current law House bill does not contain such a provision. The Senate bill includes service delivery and sets aside 7% of available funds for dis- The House recedes with an amendment to grants as special projects and describes those tribution to states without Part A eligible title this section ‘‘Review Regarding Access grants, which include programs that support areas, based on the relative case counts To And Participation in Programs;’’ to re- family-based care networks critical to the within those states. The House recedes with quire the review to be completed not later delivery of care in minority communities an amendment to weight the state factor in than 180 days after the end of the fiscal year; and programs that build organizational ca- the Senate formula by a constant of .8 and to state that the purpose of the review shall pacity in disenfranchised communities. The the non-EMA factor by a constant of .2, and be to develop recommendations on proce- House bill does not specifically define such to substitute the Senate loss caps with the dures to allocate services and opportunities grants. The House recedes with an amend- same loss caps used in the House version of among patients of the entity and other pro- ment to replace the term ‘‘disenfranchised the Part A formula. cedures and policies of the entity regarding communities’’ with ‘‘minority commu- Neither the House bill nor the Senate bill the participation of women, infants, chil- nities’’. contained a provision allowing for the ad- dren, and youth in research programs; and to 19. AIDS EDUCATION AND TRAINING CENTERS justment of the weights used to determine require the Secretary to provide for evalua- The House bill includes as an eligible ac- the estimate of living AIDS cases over the tions of programs carried out by the entity. tivity the training of health providers in the required 120 month period, in either the Part The Senate bill allows the Secretary to es- prevention of perinatal HIV transmission A or Part B formulas. The Conferees feel tablish reporting requirements necessary to and prevention and treatment of opportun- that such an adjustment may be necessary administer the program and carry out the re- istic infections. The Senate bill does not in- over time as life expectancy and disease pro- views, measure outcomes, and document cli- clude such language. The Senate recedes. gression changes for people living with ents served, services provided and participa- By including the AIDS Education and AIDS. Therefore the Conferees expect the tion in research protocols. The House bill Training Centers in the CARE Act reauthor- Secretary, in consultation with the Centers does not contain such provisions. The Senate ization, the conferees reaffirm that this is an for Disease Control, to evaluate the need to recedes. important federal program and will serve an update those weights every two years begin- The Senate bill includes a definition of important role in the future. ning with the grant awards in FY 1998 and qualified research entities and qualified re- report to the appropriate congressional com- 20. FORMULAS search protocols. The House bill does not mittees. contain such a provision. The Senate re- The Senate bill distributes Part A funds to The Conferees intend that if funds are ap- cedes. eligible metropolitan areas with a formula propriated specifically for the Drug Assist- The House bill requires the Secretary to based only on weighted AIDS case counts. ance Program, such funds be allocated ac- develop a plan that provides for the coordi- The Senate formula caps funding losses such cording to the states entire weighted case nation of the activities of the National Insti- that no eligible area will receive less than counts. tutes of Health (NIH) with the activities of 98% of its FY 95 award in FY 96, 97% of its 21. SINGLE APPROPRIATION this section, including that the projects of FY 95 award in FY 97, 95.5% of its FY 95 research conducted or supported by NIH are award in FY 98, 94% of its FY 95 award in FY Under the Senate bill, after one year, if the made aware of applicants and grantees of 99, and 92.5% of its FY 95 award in FY 2000. Secretary is unable to devise a methodology this section and that those projects as appro- The House bill uses the same weighted AIDS to adjust the split in the single appropria- priate enter into arrangements for purposes case count, but includes in its formula the tion between Parts A and B, the single ap- of this section. The Senate bill does not con- Medicare Hospital Wage Index for each met- propriation reverts to two separate appro- tain such a provision. The Senate recedes. ropolitan area as a measure of service deliv- priations, beginning in FY 1997. Under the The Conferees emphasize that Part D was ery cost. The House formula caps funding House bill, the single appropriation and the enacted to provide funds for coordinated losses such that no eligible area will receive 64%/36% split between the two Parts remains April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4299 in effect over the entire reauthorization pe- sultation with states and experts. If the Sec- The Senate bill prohibits funds appro- riod. The Secretary has the discretion to ad- retary determines that such mandatory test- priated under the Act from being used to de- just the apportionment of the single appro- ing has become a routine practice, after an velop materials designed to promote or en- priation between the two Parts. The House additional 18 month period, a state will not courage directly intravenous drug use or sex- recedes with an amendment that, by July 1, recieve Title 2 Ryan White funding unless it ual activity, whether homosexual or hetero- 1996, the Secretary devise the methodology can demonstrate one of the following: sexual. The House bill does not contain such or recommend that such a methodology is (A) A 50% reduction (or a comparable a provision. The House recedes. not feasible. In addition, the appropriation measure for low-incidence states) in the rate 26. OPTIONAL PARTICIPATION OF FEDERAL committee will determine the relative allo- of new AIDS cases resulting from perinatal EMPLOYEES IN AIDS TRAINING cation of funds for Part A and Part B for fis- transmission, comparing the most recent The Senate bill prohibits the federal gov- cal year 1996. data to 1993 data; (B) At least 95% of women who have re- ernment from requiring any employee to at- 22. PERINATAL TESTING ceived at least two prenatal visits with a tend or participate in an AIDS or HIV train- The Senate bill mandates that states with health care provider or provider group have ing program if the employee refuses to par- an incidence of HIV among childbearing been tested for HIV; or ticipate. The House bill does not contain women of .25 or greater or an estimated (C) A program for mandatory testing of all such a provision. The House recedes with an number of births to HIV positive women in newborns whose mothers have not undergone amendment that exempts from this provision 1993 of 175 or greater have in effect regula- prenatal HIV testing. federal training programs necessary to pro- tions implementing the guidelines issued by The House bill requires states by statute tect the health and safety of federal employ- the Centers for Disease Control (CDC) con- or regulation to prohibit health insurance ees and those they serve. cerning voluntary HIV testing and counsel- companies from discontinuing coverage for a This provision is intended to apply to ing for pregnant women. The House bill does person solely on the basis that the person is those employees whose position requires not contain such a provision. The House re- infected with HIV or that the individual has knowledge of the universal precautions for cedes with an amendment to require all been tested for HIV. The Senate bill does not the prevention of the transmission of the states to implement the CDC guidelines. contain such a provision. The Senate recedes HIV virus. In the Senate bill, for states providing with an amendment that only states which 27. LIMITATION ON APPROPRIATIONS such certification, $10 million in grant funds implement mandatory testing of newborn in- are made available to implement the CDC The Senate bill requires that of the total fants be required to implement such insur- amounts of Federal funds expended in any guidelines, to provide outreach to at-risk ance regulations. The conferees intend for pregnant women and to make available ap- fiscal year, funds expended for AIDS and HIV these insurance provisions to augment, and activities not exceed the amounts expended propriate counseling and voluntary testing. in no way diminish, existing federal or state The House bill makes available $10 million in for activities related to cancer. The House law. bill does not contain such a provision. The grants for states to offer HIV testing and The House bill requirements on insurance House recedes. counseling to pregnant women, to test regulations do not apply to persons who The Conferees wish to make clear that the newborns for HIV, and to collect data on knowingly misrepresent their HIV status, term ‘‘total amounts’’ includes all research, pregnant women and newborns who have un- facts regarding whether the person has been treatment and prevention funding, including dergone HIV testing. In order to be eligible tested for HIV, and facts regarding whether amounts expended through the Medicare and for these grants, the state by statute or reg- the person has engaged in any behavior that Medicaid programs, wherhe administered by ulation must require that all newborns places the person at risk for HIV. The Senate the federal government or paid to states in whose biological mother has not undergone recedes with an amendment to delete the block grants. prenatal testing for HIV, be tested for HIV at last two exemptions on testing and behavior. birth and that the results be made available The Conferees wish to emphasize that TOM BLILEY, to the biological mother or guardian of the nothing in this provision should be construed MICHAEL BILIRAKIS, infant. The House recedes with an amend- to mean that states are required to imple- TOM COBURN, ment to restrict access to these funds to ment HIV reporting. HENRY A. WAXMAN, GERRY STUDDS, states that have implemented the CDC 23. SPOUSAL NOTIFICATION Managers on the Part of the House. guidelines and to prioritize the $10 million to The Senate bill prohibits the Secretary NANCY LANDON those states with high HIV seroprevalence from making any grant under the Act to any KASSEBAUM, rates among childbearing women. state, political subdivision of any state, or JIM JEFFORDS, In the Senate bill, the Secretary is re- other recipient of CARE Act funds within BILL FRIST, quired to evaluate the effect of these grants the state unless the state requires a good EDWARD M. KENNEDY, on reducing the perinatal transmission of faith effort to notify the spouses of AIDS-in- CHRISTOPHER J. DODD, HIV. In the House bill, in two years, if the fected patients that the patients are infected Managers on the Part of the Senate. Secretary establishes that testing newborns with HIV. The House bill does not contain for HIV has become routine practice in the such a provision. The House recedes with an f provision of health care, states, by regula- amendment to tie the provision to Part B tion or statute, must require such testing of funds only, change ‘‘AIDS-infected patient’’ LEAVE OF ABSENCE newborns and notification to the mother or to ‘‘known HIV-infected patient’’, replace By unanimous consent, leave of ab- guardian in order to receive Ryan White ‘‘such AIDS infected patients is infected sence was granted to: Part B funds. Alternatively, states can dem- with the human immunodeficiency virus’’ Ms. MOLINARI (at the request of Mr. onstrate that of newborns in the state, the with ‘‘he or she may have been exposed to HIV status of 95% of the infants is known. the human immunodeficiency virus and ARMEY) for today and the balance of The House recedes with an amendment to re- should seek testing,’’ define HIV-infected as the week, on account of maternity quire the following. any person diagnosed with the human leave. (1) Within four months of enactment of immunodeficiency virus, and change the def- Mr. KINGSTON (at the request of Mr. this Act, the CDC, in consultation with inition of spouse to mean a current marriage ARMEY) for today, on account of a states, will develop and implement a report- partner or a person that was the marriage death in the family. ing system for states to use in determining partner at any time within the ten years f the rate of new cases of AIDS resulting from prior to the diagnosis of HIV infection. perinatal transmission and the possible The Conferees wish to emphasize that SPECIAL ORDERS GRANTED causes for that transmission. nothing in this provision should be construed The Secretary of HHS is directed to con- to require states to implement HIV name re- By unanimous consent, permission to tract with the Institute of Medicine to con- porting. address the House, following the legis- duct an evaluation of the extent to which 24. STUDY ON ALLOTMENT FORMULA lative program and any special orders state efforts have been effective in reducing perinatal transmission of HIV and an analy- The Senate bill requires the Secretary to heretofore entered, was granted to: sis of the existing barriers to further reduc- conduct a study of the funding formulas con- (The following Members (at the re- tion in such transmission. The Secretary tained in the Act and submit a report to quest of Mr. UNDERWOOD) to revise and shall report these findings to Congress along Congress. The House bill does not contain extend their remarks and include ex- with any recommendation made by the Insti- such a provision. The Senate recedes. traneous material:) 25. PROHIBITIONS ON THE USE OF FEDERAL tute. Mr. UNDERWOOD, for 5 minutes, today. FUNDS AND PROMOTION OF CERTAIN ACTIVITIES (2) Within two years following the imple- Mr. TOWNS, for 5 minutes, today. mentation of such a system, the Secretary The Senate bill prohibits funds appro- Mr. FROST, for 5 minutes, today. will make a determination whether manda- priated under the Act from being used to tory HIV testing of all infants born in the promote or encourage, directly or indirectly, Mr. MARKEY, for 5 minutes, today. U.S. whose mothers have not undergone pre- homosexuality or intravenous drug use. The Mr. LIPINSKI, for 5 minutes, today. natal HIV testing has become a routine prac- House bill does not contain such a prohibi- Mrs. CLAYTON, for 5 minutes, today. tice. This determination will be made in con- tion or definition. The Senate recedes. Ms. FURSE, for 5 minutes, today. H4300 CONGRESSIONAL RECORD — HOUSE April 30, 1996 (The following Members (at the re- H.R. 3055. An act to amend section 326 of 2652. A letter from the Comptroller of the quest of Mr. GUTKNECHT) to revise and the Higher Education Act of 1965 to permit Currency, Department of the Treasury, extend their remarks and include ex- continued participation by Historically transmitting the annual report on enforce- traneous material:) Black Graduate Professional Schools in the ment actions taken by the Office of the grant program authorized by that section. Comptroller of the Currency during the 12- Mr. BURTON of Indiana, for 5 minutes, On April 30, 1996: month period ending December 31, 1995, pur- each day, today and on May 1 and 2. H.R. 956. An act to establish legal stand- suant to 12 U.S.C. 1833; to the Committee on Mr. HUNTER, for 5 minutes, today. ards and procedures for product liability liti- Banking and Financial Services. Mr. ENGLISH of Pennsylvania, for 5 gation, and for other purposes. 2653. A letter from the General Counsel, minutes, on May 1. f Department of Housing and Urban Develop- Mr. WELDON of Pennsylvania, for 5 ADJOURNMENT ment, transmitting the Department’s final minutes, today. rule—Supplemental Standards of Ethical Mr. RIGGS, for 5 minutes, each day, Mr. OWENS. Mr. Speaker, I move Conduct for Employees of the Department of today and on May 1 and 2. that the House do now adjourn. Housing and Urban Development (FR–3331) Mr. GUTKNECHT, for 5 minutes, each The motion was agreed to; accord- received April 30, 1996, pursuant to 5 U.S.C. day, today and on May 1. ingly (at 10 o’clock and 35 minutes 801(a)(1)(A); to the Committee on Banking and Financial Services. Mr. MCINTOSH, for 5 minutes, on May p.m.), the House adjourned until to- 2. morrow, Wednesday, May 1, 1996, at 11 2654. A letter from the General Counsel, Department of Housing and Urban Develop- Mr. METCALF, for 5 minutes, today. a.m. ment, transmitting the Department’s final Mr. WELDON, for 5 minutes, today. f rule—Regulatory Reinvention; Tax Exemp- Mr. SHADEGG, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, tion of Obligations of Public Housing Agen- Mr. SMITH of Michigan, for 5 minutes, ETC. cies and Related Amendments (FR–3985) re- today. ceived April 30, 1996, pursuant to 5 U.S.C. f Under clause 2 of rule XXIV, execu- 801(a)(1)(A); to the Committee on Banking tive communications were taken from and Financial Services. EXTENSION OF REMARKS the Speaker’s table and referred as fol- 2655. A letter from the General Counsel, By unanimous consent, permission to lows: Department of Housing and Urban Develop- review and extend remarks was granted 2646. A letter from the Administrator, Ag- ment, transmitting the Department’s final to: ricultural Marketing Service, transmitting rule—Prohibition of Advance Disclosure of (The following Members (at the re- the Service’s final rule—Fresh Cut Flowers Funding; Accountability in the Provision of and Fresh Cut Greens Promotion and Infor- HUD Assistance (FR–3954) received April 30, quest of Mr. UNDERWOOD) and to in- mation Order; Suspension of Late Payment 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the clude extraneous matter:) Charges (FV–96–702 IFR) received April 30, Committee on Banking and Financial Serv- Mr. HAMILTON. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ices. Mr. BONIOR. Committee on Agriculture. 2656. A letter from the General Counsel, Mr. MANTON. 2647. A letter from the Administrator, Ag- Department of Housing and Urban Develop- Mrs. MALONEY in two instances. ricultural Marketing Service, transmitting ment, transmitting the Department’s final Mr. SCHUMER. the Service’s final rule—Spearmint Oil Pro- rule—Streamlining of the FHA Single Fam- Mr. TOWNS. duced in the Far West; Salable Quantities ily Housing, Multifamily, and Multifamily and Allotment Percentages for the 1996–97 Mr. LIPINSKI in two instances. Housing and Health Care Facility Mortgage Marketing Year (FV–96–985–1 IFR) received Mr. REED. Insurance Programs Regulations (FR–3966) April 30, 1996, pursuant to 5 U.S.C. received April 30, 1996, pursuant to 5 U.S.C. Mr. PAYNE of New Jersey. 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Banking Mr. POSHARD. culture. and Financial Services. Mr. HASTINGS. 2648. A letter from the Administrator, Ag- 2657. A letter from the General Counsel, Mr. MONTGOMERY. ricultural Marketing Service, transmitting the Service’s final rule—Grading and Inspec- Department of Housing and Urban Develop- Mr. GORDON in 10 instances. ment, transmitting the Department’s final Mr. HALL of Ohio. tion, General Specification for Approved Plants and Standards for Grades of Dairy rule—Revision of FHA Multifamily Process- Mrs. MEEK of Florida. Products; United States Standards for ing and Fees (FR–3349) received April 30, 1996, (The following Members (at the re- Grades of Monterey Jack Cheese (DA–91– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quest of Mr. GUTKNECHT) and to include 010B) received April 30, 1996, pursuant to 5 mittee on Banking and Financial Services. extraneous matter:) U.S.C. 801(a)(1)(A); to the Committee on Ag- 2658. A letter from the Assistant Secretary Mr. DORNAN. riculture. for Elementary and Secondary Education, Mr. DAVIS in two instances. 2649. A letter from the Congressional Re- Department of Education, transmitting no- Mr. PORTMAN. view Coordinator, Animal and Plant Health tice of Final Criteria for Consortium Incen- Mr. BURTON of Indiana. Inspection Service, transmitting the Serv- tive Grants for fiscal year 1996 and subse- ice’s interim rule—Karnal Bunt (Amendment quent fiscal years—Title I, Part C—Edu- Mr. HAYWORTH. of Quarantined Areas Interim Rule) (Docket cation of Migratory Children, pursuant to 20 Mr. BAKER of California. No. 96–016–5) received April 30, 1996, pursuant U.S.C. 1232(d)(1); to the Committee on Eco- Mr. SOLOMON. to 5 U.S.C. 801(a)(1)(A); to the Committee on nomic and Educational Opportunities. Mr. KINGSTON. Agriculture. 2659. A letter from the Assistant Secretary Mr. WELDON of Pennsylvania. 2650. A letter from the Congressional Re- for Educational and Improvement, Depart- Mr. COLLINS of Georgia. view Coordinator, Animal and Plant Health ment of Education, transmitting notice of Mr. FOX of Pennsylvania. Inspection Service, transmitting the Serv- Selection Criteria, Selection Procedures, and (Mr. RANGEL, during morning busi- ice’s final rules—(1) Export Certificates (Cy- Application Procedures—Challenge Grants clical Review) (Docket No. 90–117–3), (2) Na- ness, tribute to SAM GIBBONS, in the for Technology in Education, pursuant to 20 tional Poultry Improvement Plan and Auxil- House today.) U.S.C. 1232(d)(1); to the Committee on Eco- iary Provisions (Docket No. 94–091–2), (3) Im- nomic and Educational Opportunities. f ported fire ant (Docket No. 95–063–2), (4) 2660. A letter from the Assistant Secretary BILLS PRESENTED TO THE Horses from Bermuda and the British VI; VEE Quarantine Requirements (Docket No. for Educational Research and Improvement, PRESIDENT 95–052–2), and (5) Allow New Vaccine for Bru- Department of Education, transmitting no- Mr. THOMAS, from the Committee cellosis (Docket No. 96–015–1) received April tice of final priorities—Jacob K. Javits Gift- ed and Talented Students Education Pro- on House Oversight, reported that that 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. gram, pursuant to 20 U.S.C. 1232(d)(1); to the committee did on the following days Committee on Economic and Educational present to the President, for his ap- 2651. A letter from the Administrator, Food and Consumer Service, transmitting Opportunities. proval, bills of the House of the follow- the Services’s final rule—food Stamp Pro- 2661. A letter from the Assistant Secretary ing titles: gram: Failure to Comply with Federal, for Educational Research and Improvement, On April 25, 1996: State, or Local Welfare Assistance Program Department of Education, transmitting no- H.R. 3019. An act making appropriations Requirements (RIN: 0584–AC08) received tice of final priorities—Fund for the Im- for fiscal year 1996 to make a further down- April 30, 1996, pursuant to 5 U.S.C. provement of Education Program, pursuant payment toward a balanced budget, and for 801(a)(1)(A); to the Committee on Agri- to 20 U.S.C. 1232(d)(1); to the Committee on other purposes. culture. Economic and Educational Opportunities. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4301 2662. A letter from the Assistant General eral Services Administration, transmitting Model DA 20–A1 Airplanes; Docket No. 96– Counsel for Regulations, Department of Edu- the Administration’s final rules—(1) Modi- CE–21–AD (RIN: 2120–AA64) received April 30, cation, transmitting the Department’s re- fications of Existing Contracts (Far Case 94– 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the port on the notice of final schedule of arbi- 723), (2) Application of Cost Accounting Committee on Transportation and Infra- tration fees and expenses under the Ran- Standards Board Regulations to Educational structure. dolph-Sheppard Act—Vending Facility Pro- Institutions (Far Case 95–002), (3) Assignment 2683. A letter from the General Counsel, gram for the Blind on Federal and Other of Claims—Presidential Delegation (Far Case Department of Transportation, transmitting Property, pursuant to 5 U.S.C. 801(a)(1)(B); to 94–767), and (4) Interest Clause Revisions (Far the Department’s final rule—Airworthiness the Committee on Economic and Edu- Case 92–045) received April 30, 1996, pursuant Directives; Brackedtt Aircraft Company; Air cational Opportunities. to 5 U.S.C. 801(a)(1)(A); to the Committee on Filter Gaskets, superseding Docket No. 95– 2663. A letter from the Director, Office of Government Reform and Oversight. CE–61–AD (RIN: 2120–AA64) received April 30, Communication and Legislative Affairs, 2673. A letter from the NARA Regulatory 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Equal Employment Opportunity Commis- Policy Official, National Archives, transmit- Committee on Transportation and Infra- sion, transmitting the Commission’s final ting the Archive’s final rule—Preservation structure. rule—Coverage of Apprenticeship Programs and Protection of and Access to the Presi- 2684. A letter from the General Counsel, Under the Age Discrimination in Employ- dential Historical Materials of the Nixon Ad- Department of Transportation, transmitting ment Act [ADEA] received April 30, 1996, pur- ministration; Amendment of Public Regula- the Department’s final rule—Incentive Grant suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tions (RIN: 3095–AA59) received April 30, 1996, Criteria for Alcohol Traffic Safety Programs tee on Economic and Educational Opportuni- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 2127–AG22) received April 30, 1996, pur- ties. mittee on Government Reform and Over- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2664. A letter from the Deputy Executive sight. tee on Transportation and Infrastructure. Director and Chief Operating Officer, Pen- 2674. A letter from the Chairman, National 2685. A letter from the Chief, Regulations sion Benefit Guaranty Corporation, trans- Labor Relations Board, transmitting a re- Unit, Internal Revenue Service, transmitting mitting the Corporation’s final rules—(1) port of activities under the Freedom of Infor- the Service’s final rule—Changes in Account- Valuation of plan benefits in single-employer mation Act for the calendar year 1995, pursu- ing Periods and in Methods of Accounting plans; valuation of plan benefits and plan as- ant to 5 U.S.C. 552; to the Committee on Gov- (Revenue Procedures 96–31) received April 30, sets following mass withdrawal; amendments ernment Reform and Oversight. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the adopting additional PBGC rates, (2) Notice 2675. A letter from the Director, Office of Committee on Ways and Means. and collection of withdrawal liability; adop- Personnel Management, transmitting the Of- 2686. A letter from the Chief Regulations tion of new interest rates, and (3) Late pre- fice’s final rule—Use of Private Sector Tem- Unit, Office of Assistant Chief Counsel (Do- mium payments and employer liability un- poraries (RIN: 3206–AE80) received April 30, mestic), Internal Revenue Service. transmit- derpayments and overpayments; interest 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the rate for determining variable rate premium; ting the Service’s final rule—Withholding Committee on Government Reform and and Reporting of Certain Income Paid to amendments to interest rates—received Oversight. April 30, 1996, pursuant to 5 U.S.C. Foreign Persons (Announcement 96–23) re- 2676. A letter from the Director, Adminis- ceived April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic trative Office of the U.S. Courts, transmit- and Educational Opportunities. 801(a)(1)(A); to the Committee on Ways and ting the annual report on applications for Means. 2665. A letter from the Secretary, court orders made to Federal and State Consumer Product Safety Commission, 2687. A letter from the Chief, Regulations courts to permit the interception of wire, transmitting the Commission’s final rule— Unit, Internal Revenue Service, transmitting oral, or electronic communications during Requirements for Labeling of Retail Con- the Service’s final rule—Safe Harbor for Or- calendar year 1995, pursuant to 18 U.S.C. tainers of Charcoal (16 CFR Part 1500) re- ganizations that Provide Low-Income Hous- 2519(3); to the Committee on the Judiciary. ceived April 30, 1996, pursuant to 5 U.S.C. ing To Be Considered Charitable as described 2677. A letter from the Secretary, Federal in section 501(c)(3) of the Internal Revenue 801(a)(1)(A); to the Committee on Commerce. Trade Commission, transmitting the Com- 2666. A letter from the Managing Director, Code (Revenue Procedure 96–32) received mission’s final rule—Premeger Notification; Federal Communications Commission, trans- April 30, 1996, pursuant to 5 U.S.C. Reporting and Waiting Period Requirements mitting the Commission’s final rules—(1) Fu- 801(a)(1)(A); to the Committee on Ways and ture Development of Paging Systems (WT (16 CFR Parts 801 and 802) (1996) received Means. Docket No. 96–18) and (2) Implementation of April 30, 1996, pursuant to 5 U.S.C. 2688. A letter from the Chief, Regulations Section 309(j) of the Communication Act— 801(a)(1)(A); to the Committee on the Judici- Unit, Internal Revenue Service, transmitting Competitive Bidding (PP Docket No. 93–253) ary. the Service’s final rule—Relief from Filing 2678. A letter from the General Counsel, received April 30, 1996, pursuant to 5 U.S.C. Form 3115 for a Change in Methods of Ac- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Commerce. counting Required by Statement of Finan- the Department’s final rule—Standard In- 2667. A letter from the Secretary, Federal cial Accounting Standards No. 116 (Notice strument Approach Procedures; Miscellane- Trade Commission, transmitting the Com- 96–30) received April 30, 1996, pursuant to 5 ous Amendments (Amdt. No. 1724) (RIN: 2120– mission’s final rule—Trade Regulation Rule: U.S.C. 801(a)(1)(A); to the Committee on AA65) (1996–0008) received April 30, 1996, pur- Labeling and Advertising of Home Insulation Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- (16 CFR Part 460) (1996) received April 30, 2689. A letter from the Chief, Regulations tee on Transportation and Infrastructure. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Unit, Internal Revenue Service, transmitting 2679. A letter from the General Counsel, Committee on Commerce. the Service’s final rule—Determination of Department of Transportation, transmitting 2668. A letter from the Director, Defense Issue Price in the Case of Certain Debt In- the Department’s final rule—Standard In- Procurement, Department of Defense, trans- struments Issued for Property (Revenue Rul- strument Approach Procedures; Miscellane- mitting the Department’s final rule—Defense ing 96–24) received April 30, 1996, pursuant to ous Amendments (Amdt. No. 1725) (RIN: 2120– Federal Acquisition Regulation Supplement; 5 U.S.C. 801(a)(1)(A); to the Committee on AA65) (1996–0007) received April 30, 1996, pur- Pricing for Sales of Defense Articles (DFARS Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Case 96–D309) received April 30, 1996, pursu- 2690. A letter from the Chief, Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee tee on Transportation and Infrastructure. 2680. A letter from the General Counsel, Branch, U.S. Customs Service, transmitting on International Relations. the Service’s final rule—Suspension of Unit- 2669. A letter from the Executive Director, Department of Transportation, transmitting ed States-Canada Free-Trade Agreement Im- District of Columbia Retirement Board, the Department’s final rule—Temporary Es- plementing Regulations (RIN: 1515–AB93) re- transmitting the board’s annual report for tablishment of Class D Airspace; Anchorage ceived April 30, 1996, pursuant to 5 U.S.C. fiscal year 1995, pursuant to D.C. Code, sec- International Airport, Alaska [AK] (RIN: 801(a)(1)(A); to the Committee on Ways and tion 1–174, 1981 edition; to the Committee on 2120–AA66) (1996–0010) received April 30, 1996, Means. Government Reform and Oversight. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2670. A letter from the Agency for Inter- mittee on Transportation and Infrastruc- f national Development, transmitting a report ture. of activities under the Freedom of Informa- 2681. A letter from the General Counsel, REPORTS OF COMMITTEES ON tion Act for the Calendar year 1995, pursuant Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS to 5 U.S.C. 552(e); to the Committee on Gov- the Department’s final rule—Airworthiness Under clause 2 of rule XIII, reports of ernment Reform and Oversight. Directives; Airbus Model A300 Series Air- committees were delivered to the Clerk planes (Excluding Model A300 and Model A30- 2671. A letter from the Executive Director, for printing and reference to the proper Committee For Purchase From People Who 0 F4–600 Series Airplanes) (RIN: 2120–AA64) Are Blind Or Severely Disabled, transmitting (1996–0012) received April 30, 1996, pursuant to calendar, as follows: the Committee’s final rule—Procurement 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. YOUNG of Alaska: Committee on Re- List Additions—received April 30, 1996, pur- Transportation and Infrastructure. sources. H.R. 3286. A bill to help families de- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2682. A letter from the General Counsel, fray adoption costs, and to promote the tee on Government Reform and Oversight. Department of Transportation, transmitting adoption of minority children; with an 2672. A letter from the Deputy Associate the Department’s final rule—Airworthiness amendment (Rept. 104–542, Pt. 1). Ordered to Administrator for Acquisition Policy, Gen- Directives; Diamond Aircraft Industries be printed. H4302 CONGRESSIONAL RECORD — HOUSE April 30, 1996 Ms. PRYCE: Committee on Rules. House in recognition of the tremendous effort he sions as fall within the jurisdiction of the Resolution 418. Resolution providing for con- made at great personal risk to secure the es- committee concerned. sideration of the bill (H.R. 2641) to amend cape of thousands of trapped Jewish artists, By Mr. MCDADE: title 28, United States Code, to provide for writers, and intellectuals from the Nazis in H.R. 3363. A bill to establish within the De- appointment of U.S. marshals by the Direc- Europe and the greatly detrimental treat- partment of the Navy a mission to enhance tor of the U.S. Marshals Service (Rept. 104– ment he received at the hands of the U.S. and increase knowledge of the oceans; to the 543). Referred to the House Calendar. Government as a result; to the Committee Committee on National Security. Mr. QUILLEN: Committee on Rules. House on Banking and Financial Services. H.R. 3364. A bill to designate a U.S. Court- Resolution 419. Resolution providing for con- H.R. 3353. A bill to establish a commission house in Scranton, PA, as the ‘‘William J. sideration of the bill (H.R. 2149) to reduce to study employment and economic insecu- Nealon United States Courthouse’’; to the regulation, promote efficiencies, and encour- rity in the workforce in the United States; Committee on Transportation and Infra- age competition in the international ocean to the Committee on Economic and Edu- structure. transportation system of the United States, cational Opportunities. By Mr. MCINNIS: to eliminate the Federal Maritime Commis- By Mr. HAYWORTH: H.R. 3365. A bill to redesignate the Black sion, and for other purposes (Rept. 104–544). H.R. 3354. A bill to provide for the reorga- Canyon of the Gunnison National Monument Referred to the House Calendar. nization of the Bureau of Indian Affairs, and as a national park, to establish the Gunnison Mr. BLILEY: Committee of Conference. for other purposes; to the Committee on Re- Gorge National Conservation Area, to estab- Conference report on S. 641. An act to reau- sources. lish the Curecanti National Recreation Area, thorize the Ryan White CARE Act of 1990, By Mr. HINCHEY: to establish the Black Canyon of the Gunni- and for other purposes (Rept. 104–545). Or- H.R. 3355. A bill to require Medicare pro- son National Park Complex, and for other dered to be printed. viders to disclose publicly staffing and per- purposes; to the Committee on Resources. DISCHARGE OF COMMITTEES formance in order to promote improved H.R. 3366. A bill to direct the Secretary of Pursuant to clause 5 of rule X the fol- consumer information and choice, to protect Interior to convey the Collbran reclamation lowing action was taken by the Speak- employees of Medicare providers who report project to the Ute Water Conservancy Dis- trict and the Collbaran Conservancy Dis- er: The Committee on Economic and concerns about the safety and quality of services provided by Medicare providers or trict; to the Committee on Resources, and in Educational Opportunities discharged who report violations of Federal or State law addition to the Committee on Commerce, for from further consideration; H.R. 3286 by those providers, and to require review of a period to be subsequently determined by referred to the Committee of the Whole the impact on public health and safety of the Speaker, in each case for consideration House on the State of the Union. proposed mergers and acquisitions of Medi- of such provisions as fall within the jurisdic- f care providers; to the Committee on Ways tion of the committee concerned. and Means, and in addition to the Committee By Mr. SCHUMER: PUBLIC BILLS AND RESOLUTIONS on Commerce, for a period to be subse- H.R. 3367. A bill to amend the National Under clause 5 of rule X and clause 4 quently determined by the Speaker, in each Highway System Designation Act of 1995 to of rule XXII, public bills and resolu- case for consideration of such provisions as increase the number of States that may par- ticipate in the State infrastructure bank tions were introduced and severally re- fall within the jurisdiction of the committee concerned. pilot program authorized by that act; to the ferred as follows: By Mr. JOHNSON of South Dakota (for Committee on Transportation and Infra- By Mr. FATTAH (for himself, Mr. RO- himself and Mr. LIGHTFOOT: structure. MERO-BARCELO, Mr. FILNER, Mr. H.R. 3356. A bill to specify that States may By Mr. STEARNS: HASTINGS of Florida, Ms. JACKSON- waive certain requirements relating to com- H.R. 3368. A bill to permit retired members LEE, Ms. EDDIE BERNICE JOHNSON of mercial motor vehicle operators under chap- of the Armed Forces and their dependents Texas, Ms. MCKINNEY, Ms. NORTON, ter 313 of title 49, United States Code, with who are entitled to Medicare to enroll in the Mr. THOMPSON, and Mr. TOWNS): respect to the operators of certain farm vehi- Federal Employees Health Benefits Program; H.R. 3349. A bill to amend the Housing and cles, and for other purposes; to the Commit- to the Committee on National Security, and Community Development Act of 1974 and the tee on Transportation and Infrastructure. in addition to the Committee on Government Federal Home Loan Bank Act to authorize By Mrs. LOWEY: Reform and Oversight, for a period to be sub- Federal Home Loan Banks to make advances H.R. 3357. A bill to amend title II of the So- sequently determined by the Speaker, in for community development activities to cial Security Act to provide for an increase each case for consideration of such provi- units of general local government and for of up to 5 in the number of years disregarded sions as fall within the jurisdiction of the such advances to be guaranteed by commu- in determining average annual earnings on committee concerned. nity development block grants amounts to which benefit amounts are based upon a By Ms. WATERS: which such units of local government be- showing of preclusion from renumerative H.R. 3369. A bill to provide notice to em- come eligible, to expand the community par- work during such years occasioned by need ployees when there are reductions in busi- ticipation requirements relating to commu- to provide child care or care to a chronically ness operations and for other purposes; to nity development loan guarantees to include dependent relative; to the Committee on the Committee on Economic and Edu- participation of major community stake- Ways and Means. cational Opportunities. holders, and for other purposes; to the Com- H.R. 3358. A bill to amend title II of the So- By Mr. MCDADE: mittee on Banking and Financial Services. cial Security Act to repeal the 7-year restric- H.J. Res. 177. Joint resolution proposing an By Mr. BARRETT of Nebraska (for tion of eligibility for widow’s and widower’s amendment to the Constitution of the Unit- himself, Mr. ROBERTS, Mr. BEREUTER, insurance benefits based on disability; to the ed States authorizing the Congress and the and Mr. CHRISTENSEN): Committee on Ways and Means. States to prohibit the physical desecration H.R. 3350. A bill to extend contracts be- H.R. 3359. A bill to amend title II of the So- of the flag of the United States; to the Com- tween the Bureau of Reclamation and irriga- cial Security Act to provide for increases in mittee on the Judiciary. tion districts in Kansas and Nebraska, and widow’s and widower’s insurance benefits by By Mr. LEWIS of Kentucky (for him- for other purposes; to the Committee on Re- reason of delayed retirement; to the Com- self and Mr. MONTGOMERY): sources. mittee on Ways and Means. H. Con. Res. 168. Concurrent resolution By Mr. FOGLIETTA (for himself, Mr. H.R. 3360. A bill to amend title II of the So- calling upon the members of the Army Re- BONIOR, Mr. WAXMAN, Ms. MCKINNEY, cial Security Act to eliminate the 2-year serve to wear army uniforms on April 23 each Mr. RAHALL, Mr. KLECZKA, Mr. WATT waiting period for divorced spouse’s benefits year and calling upon the American people of North Carolina, Mr. MINGE, Mr. following the divorce; to the Committee on to remember the members of the Army Re- MORAN, Mr. LANTOS, Mr. KENNEDY of Ways and Means. serve and those who support them; to the Massachusetts, Mr. COLEMAN, Ms. H.R. 3361. A bill to amend title II of the So- Committee on National Security. NORTON, Mr. BARRETT of Wisconsin, cial Security Act to provide for full benefits f Mr. EVANS, Ms. RIVERS, Mr. FILNER, for disabled widows and widowers without re- Mr. DEUTSCH, Mr. SERRANO, Mr. LI- gard to age; to the committee on Ways and PRIVATE BILLS AND PINSKI, and Mr. HINCHEY): Means. RESOLUTIONS H.R. 3351. A bill to establish a Corporate By Mrs. MALONEY: Under clause 1 of rule XXII, private Independence Commission, for other pur- H.R. 3362. A bill to increase access of State poses; to the Committee on Ways and Means, child support enforcement agencies to cer- bills and resolutions were introduced and in addition to the Committee on Rules, tain financial information of noncustodial and severally referred as follows: for a period to be subsequently determined parents, and to encourage States to improve By Mr. CALLAHAN: by the Speaker, in each case for consider- their enforcement of child support obliga- H.R. 3370. A bill to authorize the Secretary ation of such provisions as fall within the ju- tions; to the Committee on Ways and Means, of Transportation to issue a certificate of risdiction of the committee concern. and in addition to the Committee on Bank- documentation with appropriate endorse- By Mr. HASTINGS of Florida: ing and Financial Services, for a period to be ment for employment in the coastwise trade H.R. 3352. A bill to award a congressional subsequently determined by the Speaker, in for the vessel Top Gun; to the Committee on gold medal to representatives of Varian Fry each case for consideration of such provi- Transportation and Infrastructure. April 30, 1996 CONGRESSIONAL RECORD — HOUSE H4303

By Mr. GRAHAM: H.R. 3142: Mr. FLANAGAN, Mrs. THURMAN, INGS of Washington, Mr. OBSERSTAR, Mr. H.R. 3371. A bill to authorize the Secretary Mr. SCHIFF, Mr. WAMP, Mr. KOLBE, Mr. TATE, STENHOLM, and Mr. FOLEY. of Transportation to issue a certificate of Mr. CONDIT, Mr. LAFALCE, Ms. EDDIE BERNICE H.R. 3207: Mr. PETRI, Mr. BRYANT of Texas, documentation with appropriate endorse- JOHNSON of Texas, Mr. BLUTE, Mr. Mrs. LINCOLN, Mr. NORWOOD, Mr. KLUG, Mr. ment for employment in the coastwise trade CUNNINGHAM, Mr. FILNER, Mr. GOODLATTE, OXLEY, Mr. GREENWOOD, Mr. MCNULTY, Mr. vessel White Wing; to the Committee on Mr. UNDERWOOD, Mr. DURBIN, Mr. HAYWORTH, STUPAK, and Mr. ROBERTS. Transportation and Infrastructure. and Mr. BOEHLERT. H.R. 3217: Mr. SAWYER and Mr. BROWNBACK. H.R. 3144: Mr. BAKER of Louisiana, Mr. H.R. 3224: Mr. HORN and Mr. QUINN. f BALLENGER, Mr. BARR, Mr. BARRETT of Ne- H.R. 3226: Ms. ESHOO. H.R. 3234: Mr. DELAY, Mr. COMBEST, Mr. ADDITIONAL SPONSORS braska, Mr. BARTLETT of Maryland, Mr. BAR- TON of Texas, Mr. BATEMAN, Mr. BILBRAY, COBLE, Mr. HEFLEY, Mr. BEREUTER, Mr. FA- Under clause 4 of rule XXII, sponsors Mr. BILIRAKIS, Mr. BLILEY, Mr. BONILLA, Mr. WELL, Mr. ZELIFF, Mr. KNOLLENBERG, Mr. were added to public bills and resolu- BONO, Mr. BRYANT of Tennessee, Mr. BUNNING CRANE, Mr. CUNNINGHAM, Mr. SAM JOHNSON, tions as follows: of Kentucky, Mr. BURTON of Indiana, Mr. Mr. BONO, Mr. LATHAM, Mr. HERGER, Mr. CALVERT, Mr. CALLAHAN, Mr. CANADY, Mr. COLLINS of Georgia, Mr. GUNDERSON, and Mr. H.R. 218: Mr. QUINN. CHAMBLISS, Mrs. CHENOWETH, Mr. CHRYSLER, HAYWORTH. H.R. 248: Mr. THORNBERRY. Mr. CLINGER, Mr. COBURN, Mr. COLLINS of H.R. 3246: Mr. KANJORSKI, Mr. MORAN, and H.R. 528: Ms. DELAURO. Georgia, Mr. COX, Mr. CRAPO, Mr. CREMEANS, Mr. BRYANT of Texas. H.R. 580: Mr. BOEHLERT. Mr. CUNNINGHAM, Mr. DELAY, Mr. DICKEY, H.R. 3247: Mr. DIXON, Ms. WOOLSEY, Mr. H.R. 620: Mr. BECERRA. Mr. DORNAN, Ms. DUNN of Washington, Mr. MONTGOMERY, Mr. LEVIN, Mr. COSTELLO, Mrs. H.R. 739: Mrs. MYRICK. EMERSON, Mr. EHRLICH, Mr. EVERETT, Mr. MEEK of Florida, Mr. JACOBS, Mr. WARD, Mrs. H.R. 789: Mr. SPRATT. FOLEY, Mr. FORBES, Mrs. FOWLER, Mr. CLAYTON, Mr. FAZIO of California, Ms. ESHOO, H.R. 873: Mrs. CUBIN and Mr. KENNEDY of FUNDERBURK, Mr. GEKAS, Mr. GILLMOR, Mr. Mr. FROST, Mr. FRAZER, Mr. DOYLE, Ms. Massachusetts. GRAHAM, Ms. GREENE of Utah, Mr. HANSEN, JACKSON-LEE of Texas, Mr. FARR, Mr. H.R. 969: Mr. MANZULLO. Mr. HASTINGS of Washington, Mr. HAYWORTH, FALEOMAVAEGA, and Ms. LOFGREN. H.R. 973: Mr. LATOURETTE. Mr. HEFLEY, Mr. HOBSON, Mr. HORN, Mr. H.R. 3251: Mr. JOHNSON of South Dakota, H.R. 1005: Mr. MARTINI. HOSTETTLER, Mrs. JOHNSON of Connecticut, and Mr. BREWSTER. H.R. 1023: Ms. SLAUGHTER, Mr. CHAMBLISS, H.R. 3253: Mr. SOLOMON, Mr. MATSUI, Mr. Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. and Mr. JACKSON. TRAFICANT, Mr. ROMERO-BARCELO, Mr. HUN- KNOLLENBERG, Mr. KOLBE, Mr. LAHOOD, Mr. H.R. 1161: Mr. FUNDERBURK. TER, Mr. TANNER, Mr. HANCOCK, Mr. HORN, LARGENT, Mr. LAUGHLIN, Mr. LEWIS of Geor- H.R. 1210: Mr. BARCIA of Michigan. Mr. FRANK of Massachusetts, Mr. JACOBS, gia, Mr. LEWIS of Kentucky, Mr. LINDER, Mr. H.R. 1227: Mr. ARCHER. Mr. GONZALEZ, Mr. FRAZER, Mr. FROST, Mr. LONGLEY, Mr. LUCAS, Mr. MCCOLLUM, Mr. H.R. 1507: Mr. OLVER. JOHNSON of South Dakota, Mr. BREWSTER, MCHUGH, Mr. MCINNIS, Mr. MCINTOSH, Mr. H.R. 1618: Ms. GREENE of Utah. Mr. CRANE, Mr. MANTON, Mr. PASTOR, Mr. MCKEON, Mr. MANZULLO, Mr. METCALF, Mr. H.R. 1713: Mr. WATTS of Oklahoma and Mr. KENNEDY of Rhode Island, Mr. STOKES, Mr. MICA, Mr. MILLER of Florida, Mr. MOORHEAD, MONTGOMERY. MOAKLEY, Mr. ARCHER, Mr. HEFNER, and Mr. Mr. MYERS of Indiana, Mr. NETHERCUTT, Mr. H.R. 1758: Mr. RANGEL and Mr. FILNER. CONDIT. NEUMANN, Mr. NORWOOD, Mr. PACKARD, Mr. H.R. 1776: Mr. WALKER, Mr. NEAL of Massa- H.R. 3275: Mr. BLUTE, Mr. MCHALE, Mr. ROTH, Mr. SAXTON, Mr. SCARBOROUGH, Mr. chusetts, Mr. MANTON, Mr. ROMERO-BARCELO, CREMEANS, Mr. WOLF, Mr. RAMSTAD, Mr. SHAW, Mr. SKEEN, Mr. SOLOMON, Mr. SOUDER, Mr. STARK, Mr. SOLOMON, Ms. ESHOO, and Mr. HOBSON, Mr. SOLOMON, and Mr. FAWELL. Mr. STOCKMAN, Mr. STUMP, Mr. TALENT, Mr. WHITFIELD. H.R. 3286: Mr. INGLIS of South Carolina. THORNBERRY, Mr. TIAHRT, Mrs. VUCANOVICH, H.R. 2026: Mr. GREEN of Texas, Miss COL- H.R. 3294: Mr. ABERCROMBIE, Mr. MILLER of Mr. WAMP, Mr. WATTS of Oklahoma, Mr. LINS of Michigan, Mrs. THURMAN, Mr. PETER- California, Mr. ACKERMAN, Ms. ESHOO, Mr. WELDON of Pennsylvania, Mr. WELDON of SON of Minnesota, Mrs. COLLINS of Illinois, BROWN of California, and Mr. MANTON. Florida, Mr. WHITFIELD, Mr. WICKER, Mr. Mr. WISE, Mr. TOWNS, Ms. SLAUGHTER, Mr. H.R. 3300: Mr. HOSTETTLER, Mr. LARGENT, YOUNG of Alaska, and Mr. ZELIFF. SANDERS, Mr. STENHOLM, and Ms. DELAURO. Mr. TALENT, Mr. DUNCAN, and Mr. HEFLEY. H.R. 3172: Ms. ROYBAL-ALLARD, Mr. H.R. 2178: Mrs. MALONEY. H. Con. Res. 10: Ms. RIVERS, Mr. MANTON, SAXTON, and Mr. WALSH. and Mr. SPRATT. H.R. 2244: Mr. CAMP and Mr. HUTCHINSON. H.R. 3173: Mr. ACKERMAN. H. Con. Res. 47: Mr. SALMON, Mr. GANSKE, H.R. 2246: Mr. FLAKE. H.R. 3199: Mr. MOORHEAD, Mr. MYERS of In- Mr. EHLERS, and Mr. FILNER. H.R. 2270: Mr. KIM. diana, Mr. ROHRABACHER, Mr. LARGENT, Mr. H. Con. Res. 50: Mr. FUNDERBURK. H.R. 2285: Mr. STUMP, Mr. FUNDERBURK, Mr. WHITFIELD, Mr. COBLE, Mr. PETE GEREN of H. Con. Res. 83: Mr. JEFFERSON. PETE GEREN of Texas, Mr. ROHRABACHER, Mr. Texas, Mr. FAZIO of California, Mr. PETERSON H. Con. Res. 139: Mr. KINGSTON. ROMERO-BARCELO, and Mr. HAYES. of Minnesota, Mr. JONES, Mr. TAYLOR of H. Con. Res. 151: Mr. BECERRA, Mr. RO- H.R. 2320: Mr. TORRICELLI, Mr. PORTER, Mr. North Carolina, Mr. BALLENGER, Mr. HEFNER, MERO-BARCELO, Mr. GREEN of Texas, Mr. SCHAEFER, Ms. GREENE of Utah, Mr. CRANE, Mr. KOLBE, Mr. THORNBERRY, Mr. BLILEY, FORD, Mr. BERMAN, Mr. RANGEL, Mrs. MINK Mr. TATE, and Mr. LATHAM. Mr. CRAPO, Mr. BOEHNER, Mrs. KELLY, Mr. of Hawaii, and Mr. DIAZ-BALART. H.R. 2472: Mr. HILLIARD, Mr. DIXON, Mr. FRANKS of Connecticut, Mr. MANTON, Mr. H. Con. Res. 154: Mr. STARK, Mr. PAYNE of MCDERMOTT, Mr. SABO, Ms. PRYCE, Mr. BARTLETT of Maryland, Mr. TORKILDSEN, Mr. Virginia, Mr. ACKERMAN, Mr. POMEROY, Mr. ORTON, Ms. MCKINNEY, and Mr. DICKS. STUMP, Mr. GILMAN, Mr. WHITE, Mr. ZIMMER, CLYBURN, Mr. MARTINEZ, Mr. HINCHEY, and H.R. 2497: Mr. WELDON of Florida, Mr. NOR- Mr. HAYES, Mr. BOUCHER, Mr. DELAY, Mr. Mr. WYNN. WOOD, Mr. BARR, and Mr. BOEHNER. SOLOMON, Mrs. VUCANOVICH, Mr. GRAHAM, Mr. H. Con. Res. 156: Ms. WOOLSEY. H.R. 2579: Mr. MCHUGH, Mr. FUNDERBURK, GALLEGLY, Mr. WELDON of Pennsylvania, Mr. H. Con. Res. 160: Mr. HALL of Ohio, Mr. Ms. EDDIE BERNICE JOHNSON of Texas, and WALKER, Mr. GEKAS, Mr. GOODLING, Mr. DEAL CLINGER, Mr. FUNDERBURK, Mr. TORRICELLI, Mr. NORWOOD. of Georgia,Mr. KINGSTON, Mr. WICKER, Mr. Mrs. MEEK of Florida, Mrs. LOWEY, Mr. ABER- H.R. 2682: Mr. MANTON. GUTKNECHT, Mr. INGLIS of South Carolina, CROMBIE, Mr. ROHRABACHER, Mr. MCDADE, H.R. 2723: Mr. SHADEGG. Mr. FRELINGHUYSEN, Mr. CHRYSLER, Mr. Mr. MATSUI, Mr. BEILENSON, Mrs. MORELLA, H.R. 2779: Mr. CRAPO, Mr. HASTERT, and Mr. SOUDER, Mr. CHRISTENSEN, Mrs. MYRICK, Mrs. Mr. HORN, Mr. LEACH, Mr. WARD, Mr. MONTGOMERY. SEASTRAND, Mr. HASTINGS of Washington, MANZULLO, Mr. WOLF, Mr. KIM, Mr. EHRLICH, H.R. 2875: Mr. ENGLISH of Pennsylvania. Mr. RADANOVICH, Mr. OBERSTAR, Mr. STEN- Mrs. KELLY, Mrs. SCHROEDER, Ms. EDDIE BER- H.R. 2892: Mr. PORTER and Mr. DELLUMS. HOLM, Mr. LATOURETTE, Mr. HOEKSTRA, Mr. NICE JOHNSON of Texas, Mr. RICHARDSON, Mr. H.R. 2893: Mr. CRAMER. HOSTETTLER, Mr. MILLER of Florida, and Mr. TOWNS, Mr. MCDERMOTT, Mr. REED, Mr. H.R. 2932: Mrs. CLAYTON, Mr. TAYLOR of FOLEY. WALSH, Mr. SOLOMON, Mr. LAFALCE, Ms. North Carolina, and Mr. THORNBERRY. H.R. 3201: Mr. MOORHEAD, Mr. VELAZQUEZ, Ms. NORTON, Mr. H.R. 2951: Mr. BRYANT of Texas. ROHRABACHER, Mr. LARGENT, Mr. WHITFIELD, FRELINGHUYSEN, Mr. GUNDERSON, Mr. OXLEY, H.R. 2994: Mr. JACOBS and Mr. CARDIN. Mr. COBLE, Mr. PETERSON of Minnesota, Mr. Mr. HOBSON, and Mr. MCNULTY. H.R. 3008: Mrs. CUBIN, Mr. WELLER, Mr. JONES, Mr. TAYLOR of North Carolina, Mr. f HORN, and Mr. KENNEDY of Massachusetts. BALLENGER, Mr. KOLBE, Mr. THORNBERRY, H.R. 3081: Mr. SCOTT, Mr. PASTOR, Ms. ROY- Mr. BLILEY, Mr. CRAPO, Mr. BOEHNER, Mrs. DELETIONS OF SPONSORS FROM BAL-ALLARD, Mr. SERRANO, Ms. VELAZQUEZ, KELLY, Mr. FRANKS of Connecticut, Mr. PUBLIC BILLS AND RESOLUTIONS Mr. TEJEDA, Mr. DE LA GARZA, Mr. ORTIZ, Mr. BARTLETT of Maryland, Mr. TORKILDSEN, Mr. ROMERO-BARCELO, Mr. FILNER, and Mr. DUR- GILLMOR, Mr. WHITE, Mr. ZIMMER, Mr. Under clause 4 of rules XXII, sponsors BIN. DELAY, Mr. SOLOMON, Mrs. VUCANOVICH, Mr. were deleted from public bills and reso- H.R. 3089: Mr. HINCHEY, Mrs. CLAYTON, Ms. GALLEGLY, Mr. WELDON of Pennsylvania, Mr. lutions as follows: NORTON, and Mr. CAMPBELL. WALKER, Mr. GEKAS, Mr. GOODLING, Mr. DEAL [Omitted from the Record of March 19, 1996] H.R. 3118: Mr. LINDER, Mr. WELLER, Mr. of Georgia, Mr. WICKER, Mr. GUTKNECHT, Mr. H.R. 2745: Mr. RICHARDSON MCCRERY, Mr. GILMAN, Mr. FLAKE, and Mr. INGLIS of South Carolina, Mr. CHRYSLER, Mr. DOYLE. CUNNINGHAM, Mr. MILLER of Florida, Mr. [Submitted April 30, 1996] H.R. 3119: Mr. FLAKE. SOUDER, Mr. STUMP, Mrs. MYRICK, Mr. HAST- H.R. 1972: Mr. METCALF. H4304 CONGRESSIONAL RECORD — HOUSE April 30, 1996

H.R. 2951: Mr. BROWN of California. ‘‘(i) the origin and destination port ranges ‘‘(2)(A) If information provided to the Sec- f in the case of port-to-port movements, and retary under this subsection does not result the origin and destination geographic areas in a finding by the Secretary of a violation PETITIONS, ETC. in the case of through intermodal move- of this section or enforcement action by the Under clause 1 of rule XXII, ments; Secretary, the information may not be made ‘‘(ii) the commodity or commodities in- 71. The SPEAKER presented a petition of public and shall be exempt from disclosure volved; Chief Ambassador and Consul General, Re- under section 552 of title 5, United States ‘‘(iii) the minimum volume; public of Texas, relative to a copy of ‘‘Diplo- Code, except for purposes of an administra- ‘‘(iv) the line-haul rate; tive or judicial action or proceeding. matic Notice of Perfection of International ‘‘(v) the duration; Relations Between the United States of ‘‘(vi) service commitments; and ‘‘(B) This paragraph does not prohibit dis- America and the ‘Republic of Texas’ ’’; which ‘‘(vii) the liquidated damages for non- closure to either House of the Congress or to was referred to the Committee on the Judici- performance, if any.’’. a duly authorized committee or subcommit- ary. Page 14, line 11, insert ‘‘except as provided tee of the Congress.’’. f by section 8(b)(4)(B),’’ after ‘‘(B)’’. H.R. 2149 At the end of section 301(a) of the bill in- AMENDMENTS sert the following: OFFEERED BY: MR. TRAFICANT Under clause 6 of rule XXIII, pro- The Secretary of Transportation shall dele- AMENDMENT NO. 4: At the end of title II, posed amendments were submitted to gate such functions, powers, and duties to add the following new section: follows: the Surface Transportation Board. H.R. 2149 H.R. 2149 SEC. 203. REPORT BY THE SECRETARY. OFFERED BY: MR. OBERSTAR OFFERED BY: MR. TRAFICANT The Secretary shall report to the Congress AMENDMENT NO. 1: Page 10, line 23, strike AMENDMENT NO. 2: Page 24, line 15, strike by January 1, 1998, and annually thereafter, ‘‘(5)’’ and insert ‘‘(5)(A)’’. ‘‘United States carriers’’ insert ‘‘one or more on— Page 11, line 7, strike the closing quotation ocean common carriers’’. (1) actions taken by the Secretary under marks and the final period. H.R. 2149 the Foreign Shipping Practices Act of 1988 Page 11, after line 7, insert the following: (46 App. U.S.C. 1710a) and section 9 of the ‘‘(B) Notwithstanding subparagraph (A), OFFERED BY: MR. TRAFICANT Shipping Act of 1984 (46 U.S.C. App. 1708); and the essential terms of a contract entered AMENDMENT NO. 3: Page 24, strike lines 19 into under this section shall be made pub- through 24 and insert the following: (2) the effect on United States maritime licly available electronically in a manner ‘‘(b)(1) The Secretary shall issue regula- employment of laws, rules, regulations, poli- prescribed by the Commission. This subpara- tions by June 1, 1997, that prescribe proce- cies, or practices of foreign governments, graph does not apply to service contracts dures and requirements governing the sub- and any practices of foreign carriers or other dealing with bulk cargo, forest products, re- mission of price and other information nec- persons providing maritime or maritime-re- cycled metal scrap, waste paper, or paper essary to enable the Secretary to determine lated services in a foreign country, that ad- waste. under subsection (g) whether prices charged versely affect the operations of United ‘‘(C) For purposes of subparagraph (B), the by carriers are unfair, predatory, or anti- States carriers in United States oceanborne essential terms of a contract shall include— competitive. trade. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, APRIL 30, 1996 No. 57 Senate

The Senate met at 9 a.m., and was fore, Senators can expect rollcall votes regular basis, sitting down and discuss- called to order by the President pro throughout the day, possibly prior to ing the difficult problems that are fac- tempore [Mr. THURMOND]. 12:30. A cloture motion was filed to the ing this Congress. It is very clear that immigration bill last night, and in ac- the alternative of doing nothing is not PRAYER cordance with rule XXII, Senators have a real alternative. The Chaplain, Dr. Lloyd John until 12:30 today to file first-degree Unless we get a handle on entitle- Ogilvie, offered the following prayer: amendments to the bill. The Senate ment spending, and unless we make O God, our help in ages past, help us will recess between the hours of 12:30 major changes in the entitlement pro- to be open to Your serendipities today. and 2:15 for the weekly policy con- grams, our country is going to be in Grant that we may not allow our expe- ferences to meet. very, very serious trouble. The alter- rience of You in the past to make us I thank the Chair. native, I think, is a bright future for think that You are predictable or lim- I yield the floor. this country and for our children. With ited in what You can do today. Help us f a balanced budget, people see a number not to become so comfortable with the of benefits that are real, that are tan- familiar that we miss the new things MORNING BUSINESS gible, that affect their daily lives— that You want to do in and through us The PRESIDENT pro tempore. Under lower interest rates on home mort- and in our Nation. the previous order, there will now be a gages, lower interest rates on car Father, our life is so often filled with period for the transaction of morning notes, more spendable money to spend stress and pressure. We need Your help business, not to extend beyond the at home on the things that families in keeping our hearts receptive to Your hour of 10 a.m., with Senators per- need in terms of education and health Word in the midst of all of the other mitted to speak therein for not to ex- care. words that clamor for our attention. ceed 5 minutes each. We have presented a package for our May our constant question be: ‘‘Is Mr. BREAUX addressed the Chair. colleagues to consider, and we hope there any word from the Lord?’’ The PRESIDENT pro tempore. The that after reading our plan, they will Help us to have no other gods before able Senator from Louisiana is recog- join with us in a true bipartisan fash- You—neither our power, popularity, nized. ion and move on and enact a balanced nor plans. Grant that we may value Mr. BREAUX. I thank the Chair. I budget in this Congress. It is not too spiritual riches over material and give will yield myself 5 minutes under that late. It is only too late if we do noth- You first place in our hearts. With unanimous consent. ing. It is absolutely critical that we these priorities, bless us in our work f take this step in this Congress. today. In our Lord’s name. Amen. I point out that here we talked about f THE CENTRIST COALITION how close we are in the various propos- PROPOSAL als. There is much similarity in the ad- RECOGNITION OF THE ACTING Mr. BREAUX. Mr. President, for col- ministration’s latest proposal and the MAJORITY LEADER leagues who may be watching by their proposal from the Republicans and the The PRESIDENT pro tempore. The TV monitors, Senator CHAFEE and I proposal from our centrist coalition, able Senator from Rhode Island is rec- have taken this time this morning to the Chafee-Breaux proposal. There is ognized. talk, once again, about the so-called no reason that, with all of these things f Chafee-Breaux centrist coalition pro- that we have already agreed on, we posal, which I think is monumental cannot take the next step and work out SCHEDULE legislation in that it presents to the the differences that still exist. Mr. CHAFEE. Mr. President, today Senate a way to achieve a balanced All three proposals have a balanced there will be a period for morning busi- budget in a 7-year period and do so in budget using CBO numbers. We save be- ness until the hour of 10 a.m. Imme- a bipartisan fashion. tween $600 and $700 billion over the life diately following morning business, the A lot of people have said that some- of this plan, and we do it while protect- Senate will resume consideration of S. thing of this nature cannot be accom- ing the needs of the must vulnerable in 1664, the immigration bill, and the plished in an election year. Our oper- our country—the people on Medicaid, pending Graham amendment. Addi- ations and the legislation that we offer Medicare, and welfare. So it is not to tional amendments are expected to be proves that it can be done. We have say that you cannot save between $600 offered during today’s session. There- met since October 1995, last year, on a and $700 billion and not at the same

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

S4369 S4370 CONGRESSIONAL RECORD — SENATE April 30, 1996 time protect the most vulnerable in cipient, it means, instead of getting all the other way. So, yes, there will be our population. the normal increase, they would still differences, as there was—and I know Our Medicare proposal is real reform. get an increase in their benefits, but it the Senator remembers this—in our It is not just cutting Medicare, but it is would be approximately $3 less than own discussions. The Members said, ‘‘It real reform in a major way in the pro- they would normally get per month. is a little too far in this direction,’’ or, grams, giving beneficiaries more But what it does is help save the sys- ‘‘It is not far enough in that direc- choices, which will increase the sol- tem. tion.’’ vency of the trust funds. We make re- I suggest that most people who are What we have shown, however, is ductions in spending. It is not as much on retirement programs would say it is that you can come together in a bipar- as some would like, but it is more than important to save the system, not only tisan fashion and reach an agreement others would like. In Medicaid, we have for me as a selfish reason but for my that gets the job done. I think it is a worked with the Governors in a bipar- children and my grandchildren, and we genuine compromise. That is the only tisan fashion to come up with our Med- are asking everybody to have a more way the job can get done. icaid plan, which I think has gotten a realistic adjustment in what their in- Mr. CHAFEE. The distinguished Sen- lot of support from the Governors. creases should be—still get an increase ator from Vermont is here and has Democratic Governors have said they if the cost of living goes up, of course, some comments on this, and I know he would like this to be done. Repub- but guaranteed, guaranteed in a better has duties presiding in a few minutes, licans, I think, would agree with the fashion because the system is going to so I would like to yield whatever time direction we are moving in. It main- be stronger. All of the retirement pro- he wishes. tains flexibility and some of the stand- grams will be stronger and more sol- Mr. JEFFORDS. I thank the Senator ards. It is basically a Federal program vent as a result of our Consumer Price very much, my good friend from Rhode working with the States. Index adjustment. People will get an Island. I am pleased to be here again Yes, there should be Federal stand- increase. The increase will be smaller this morning to talk about the impor- ards about how the programs are going than it might have been, but the prin- tance of adopting a balanced budget in to be worked out. On welfare, as Presi- ciple is that the formula is incorrect, this Congress. dent Clinton said, a welfare reform bill and we are trying to correct the for- As the speakers before me have out- should be tough on work but good for mula. What is wrong with that? lined, it is extremely serious, and this kids. Our plan does that. Our plan So, Mr. President, let me reserve my may be the only opportunity we have takes care of children. It provides more time and conclude by saying that there now that we have a group of moderates child funding for parents who are work- is going to be an opportunity perhaps who believe very strongly that there is ing, for child care and day care. At the in the next couple of weeks to present a solution and that if we all sit down same time, we have vouchers for chil- our budget in this Chamber, to have together and reason, we can have a bal- dren after their parents are terminated our colleagues take a look at it and to, anced budget. I believe that very off of welfare. If the parents are able to yes, vote for it because we think it strongly. work, they should work. Welfare can- truly represents the only bipartisan ef- The last time I spoke here, I spoke as not be a permanent way of life. We fort that has a real chance of passing a member of the Appropriations Com- have time limits. We have a block and getting the job done. mittee and of the dire need with re- grant to the States. Yes, there is more Mr. CHAFEE addressed the Chair. spect to the ability to appropriate to cooperation between the States and the The PRESIDENT pro tempore. The bring the entitlements under control. I Federal Government as to what they able Senator from Rhode Island is rec- suggested at that time that we had have to do. ognized. some difficult decisions to make in Yes, we have a tax cut. Some say we Mr. CHAFEE. Mr. President, I want that regard. In particular, we have to need a $245 billion tax cut. Well, we to ask the Senator from Louisiana a look at the CPI and also we have to have a real $105 billion tax cut, with $25 couple of questions, if I might, on my look at entitlements, especially those billion of loophole closings, which I time. in the area of Medicaid and Medicare, think most people can agree to. We Mr. BREAUX. Sure. to find ways to better handle them so have a tax cut for families, $250 per Mr. CHAFEE. I should like to say to that we do not continue the rapid in- child tax cut, which goes up to $500 per the distinguished Senator that I en- crease we have in expenditures, which child if they invest in an individual re- counter fellow Senators who say, ‘‘I’m has made it imperative that we get to- tirement account in that child’s name. all for your plan except I don’t like the gether on a balanced budget. We have reductions for education. This tax cut,’’ or, ‘‘I am all for your plan ex- Today I would like to speak to you as is a family friendly tax proposal in the cept I don’t like that change in the the chairman of the Senate Education sense that it helps working families. Consumer Price Index,’’ or, ‘‘That’s an Committee. Those of us who depend We have some alternative minimum excellent plan, but the Medicare num- upon discretionary funds to accomplish tax relief, which many people will ber isn’t the one I like.’’ those goals which we have set out look agree we should have. We have a cap- Now, my question to the Senator at the future and realize that with the ital gains tax cut, which we think is from Louisiana is, What other vehicle increasing needs we have because of important to create economic incen- is going to be presented that fixes international competition in the area tives for individuals and for corpora- these problems? If they do not accept of education, there is no way we can tions in this country. our proposal, the proposal of the distin- reach those by depending upon our Finally, we have an adjustment in guished Senator from Louisiana and I State and local governments to raise the Consumer Price Index. A lot of peo- and this wonderful group of bipartisan those funds, especially if you take a ple said you cannot do that. Well, we Senators working with us, if they do look at what the present trends show have done that in a bipartisan fashion. not like that, what else has a chance at would be necessary to cut back on dis- Economists who are both Republican being enacted that is going to balance cretionary spending, especially the and Democrat have told us that the this budget, not only at the end of the nonmilitary discretionary spending. CPI, Consumer Price Index, which is seventh year but in the outyears as Let me briefly outline to you some of the vehicle that is used to project all of well? the dire consequences with respect to the cost-of-living adjustments, is over- Mr. BREAUX. If the Senator will education. stating what those adjustments should yield for a response to the question, On the one hand, we have recognized be. the Senator has outlined a formula for now for over a decade the incredible So we have taken the step of saying failure, a formula for disaster. If every need we have to improve our edu- we are going to have a reduction of Member comes up and says, ‘‘I like cational system, in particular to meet five-tenths of 1 percent, one-half of 1 what you have done except one little the demands of international competi- percent for 2 years and then three- item,’’ we will never get any agree- tion. Study after study has shown that tenths of 1 percent for the remaining ment. The essence of the agreement on if we do not change and improve our years in our budget plan. That saves this issue is a compromise between educational system, then in the next $110 billion. For a Social Security re- those who want to do it all one way or century the United States will no April 30, 1996 CONGRESSIONAL RECORD — SENATE S4371 longer be an economic power but will stance, if we were to match what other is obviously a very strong bipartisan be a second-rate power. countries do with respect to days spent showing. What is the rationale and what are in education—China spends 250 days a We then went to conference with the some of the reasons for that conclu- year in education; we spend 180, and all House of Representatives. The very dif- sion? First of all, international studies of the other nations, our international ficult part is finding the figures which comparing our young people with those competition in Asia and Europe, aver- will be signed by the President and of other nations have shown that this age about 220 days—we would have to which will be acceptable to the House country, which has been proud of its appropriate, in order to get even with of Representatives. We had 20 hours of educational system, ranks dead last the average, some $76 billion to spread negotiations over 2 days, and we finally when it comes to the ability of our over the States. That is just one exam- worked it through on the House-Senate young people with respect to mathe- ple. I could go on. conference with the House conferees to matics, with China, a growing eco- Let me just stop and say we have an bring it to a narrow 6-to-5 vote, but it nomic power, being by far the leader opportunity here through the leader- was accomplished. with respect to education of its stu- ship of Senator CHAFEE and Senator I believe that is indicative of what we dents in mathematics. BREAUX to be able to bring into check can do with this centrist approach. It In addition, even a more horrible sit- the decrease in the spending of the dis- is my hope that this will be reduced to uation is the fact of the so-called for- cretionary funds which will be nec- bill form and that we will put it for- gotten half. The forgotten half are essary if we do not adopt a plan such as ward. those individuals who are not college theirs. I have urged my colleague, Senator bound. We have not paid much atten- I commend them for their effort. I in- CHAFEE, to bring the proposal to the tion to that group. In fact, studies that tend to work as hard as I can in order floor and to bring it to a vote because have been done by those who measure to bring the spending under control so I believe that there are many Senators, literacy found that half of our students that we do not have to have the nega- besides the 20 or so who have joined in who graduate from high school are tive impact upon education which we these meetings, who would be willing functionally illiterate. That has to be will have to have if we do not do so. to support it if it came to the Senate turned around. I yield the floor. floor for a vote. That is not even taking into consid- Mr. CHAFEE addressed the Chair. It is reminiscent of the tremendous eration the fact that in some cases up The PRESIDENT pro tempore. The job which the distinguished Senator to 30 percent of the students have al- distinguished Senator from Rhode Is- from Rhode Island, Senator CHAFEE, ready dropped out of high school. If land, Senator CHAFEE, is recognized. did on health care back in 1992, 1993, you add those percentages together, Mr. CHAFEE. Mr. President, first I and 1994. He had so many meetings in you can see that this Nation’s might would like to thank the Senator from his office at 8:30 in the morning every with respect to education capacity is Vermont for his effective comments. Thursday that most of us should have not there. I notice the senior Senator from been lessees. We should have paid rent What do we do to change that? I am Pennsylvania is here. I would be glad over there. not one who would be up there to dis- to hear his views on this subject. One of the concerns that I had on the agree with those who say you just can- Mr. SPECTER addressed the Chair. tremendous job which he did was that not throw money at and improve edu- The PRESIDENT pro tempore. The it never came to the floor for a vote cation. That is a fact. What you cannot able Senator from Pennsylvania, Sen- under the time of pressure for which I do is say you must cut back on edu- ator SPECTER, is recognized. think we would have enacted that bill. cation. Now we have suddenly gotten Mr. SPECTER. Mr. President, I He did set the stage, I think, for those the message, at least from the people thank the Chair. I thank my colleague of us working with him, and under Sen- as well as from those who are discuss- from Rhode Island for yielding to me, ator CHAFEE’s leadership, for the legis- ing it, that cutting education is the and I congratulate him and the distin- lation which was passed last week, the poorest thing we can do. guished Senator from Louisiana, Sen- KASSEBAUM-KENNEDY bill. This bill, But, again, I wish to point out that if ator BREAUX, for the tremendous which is targeted, did not have the we do not do something about bal- amount of work and success which problems of the administration’s bill ancing the budget, the impact upon they have brought into a program for a which was a complete revolution. discretionary spending is going to be so 7-year balanced budget. So that with this centrist approach, I dramatic we cannot escape the fact we My sense is that with a centrist ap- think we have it. I hope we will bring may have to start cutting back on edu- proach, which is represented by the it to the floor. I think it is the model cation. That would put this Nation in charts which Senator BREAUX has spo- for accommodation, and I am glad to dire peril. The public agrees with this; ken about and the one which is next to be a part of the team. 86 percent say do not cut education, Senator CHAFEE, we can have a bal- Again, I thank my colleagues who and 80 percent of those who said bal- anced budget, and we can do it with a yielded the floor. ance the budget said, yes, but do not scalpel and not with a meat ax. Mr. CHAFEE addressed the Chair. cut education. The bill which we passed last week The PRESIDING OFFICER (Mr. JEF- Congress heard that message this and which was signed by the President FORDS). The Senator from Rhode Is- time, and we were able to escape. Due is illustrative, in my judgment, of what land. to the efforts of the Senator from we can do if we really set our minds to Mr. CHAFEE. Mr. President, I thank Maine and others, we were able to stop, it. I chair the Subcommittee on Labor, the senior Senator from Pennsylvania for instance, the tendency to seriously Health, Human Services and Edu- for his kind remarks and for the won- cut back on funding with respect to cation. And, as I have said on this derful work and help which he has higher education. We were able to stop floor, it has been an embarrassment to given us on this. that and to keep it steady rather than me that that bill could be brought to I would like to turn back, if I might, having the dramatic cuts that were the floor at a much, much earlier time. to the Senator from Louisiana because suggested by the other body. I will not review the bidding as to why both of us have encountered, as I have In addition to that, the work of the it could not be brought to the floor, previously mentioned, objections to senior Senator from Pennsylvania was but suffice it to say that there were specifics here. But this is not exactly very dramatic in the final analysis on riders which kept it from consideration unknown territory. the need not to cut back on education, by the Senate. Let me suggest to the Senator from and we finally recognized that we could Then Senator HARKIN, the ranking Louisiana that a bill went through this not and we did not this time cut edu- member on the subcommittee, and I body which had high tax cuts. It did cation. But the pressures in the future crafted an amendment to add $2.7 bil- not have the corrections to it in the are going to be very dramatic. lion, significantly for education, but CPI. And that bill, as I recall, did not Let me conclude by pointing out also for health, human services, and get enacted into law. In other words, again there are dramatic needs in edu- worker safety. That amendment passed one approach was tried which many cation that must be fulfilled. For in- the Senate by a vote of 84 to 16, which people here say, ‘‘Oh, we need more S4372 CONGRESSIONAL RECORD — SENATE April 30, 1996 taxes. We do not like this. You only lines that we have suggested, the Medi- fear of the political consequences. have $130 billion in taxes. You ought to care trust fund, which pays the hos- Could the Senator shed some light on have $245 billion.’’ OK. We tried that. pital costs of the elderly in this Na- why something that seems so reason- Am I correct in saying that? tion, is going to go broke. That is able is such a problem to do? Mr. BREAUX. The Senator is abso- something we ought to take very, very The PRESIDING OFFICER (Mr. lutely correct. We discussed and had seriously. SANTORUM). The Senator from Rhode heated discussions about the size of all I read a comment the other day in Island. of these reductions in spending as well the newspaper where somebody said, Mr. CHAFEE. I think the answer to as the size of the tax cut. But this is re- ‘‘Oh, don’t believe that. We are going this is that people really do not want flective of a genuine compromise to take care of it.’’ It is not easy to to get into trying to solve these dra- reached between people of differing take care of some of these situations matic problems that are out there in opinions. But it reflects, I think, the once the downward spiral starts and connection with the entitlements. The only way we can get the job done. the expenses exceed the income. Once word ‘‘entitlement’’ is one we toss Mr. CHAFEE. So when those others that starts there is really serious trou- around here, but what are entitle- say do it this way or do it that way, ble ahead. ments? Entitlements are, principally, there is no other train leaving the sta- I would like to now touch briefly on Social Security. But they are also Med- tion that I am aware of that is going to the Consumer Price Index. The icare, Medicaid, and welfare. We be- reach the terminal point successfully. Consumer Price Index has clearly been lieve—and it is not just us but every In other words, the President has indi- overstated. What we do, as the Senator serious student of the deficit of this cated that, and the Democratic leader- from Louisiana pointed out, in our Nation and the direction we are going ship has indicated that they do not group, we say let us state the has said so—it is essential to get the want high tax cuts. Consumer Price Index accurately. So expenditures in these entitlement pro- Am I correct in that? that is what we have done. That re- grams under control or there just plain Mr. BREAUX. The Senator is correct. sults, fortunately, in dramatic savings, will not be money to pay for them in I think both sides have sort of polar- not just over this 7-year period, but for the future years. ized on whether to have a tax cut or the outyears as well. So, a key part of So when we began looking into this not. But we have tried to listen to both our proposal here is the recognition of in the Finance Committee, as the Sen- sides and try to come up with a rec- the fact that the Consumer Price Index ator from Louisiana indicated, Chair- ommendation that meets the concerns is overstated. We hope our fellow Sen- man Alan Greenspan of the Federal Re- of both sides but reflects a true com- ators, paying attention, listening and serve came and testified before us and promise. studying this situation, will come to he said you should look into the Mr. CHAFEE. That is the point that the conclusion that we have, that it is Consumer Price Index, and whether it I would like to get across to our listen- essential to state the Consumer Price is accurately stated? It was his view, ers and viewers—that it is easy to be Index in an accurate form. That re- which was corroborated by further critical. It is easy to say, ‘‘oh, no. Do sults, as I mentioned, in our calcula- studies, that the Consumer Price Index not fool with that CPI, that Consumer tions, of a $110 billion savings over the is overstated and the Consumer Price Price Index, and the Medicare figure is 7-year period with dramatic savings in Index is the basis on which the cost of too high. We do not like what you have the outyears, and which will mean, as living adjustments are computed for done on welfare. The Republican Gov- the Senator from Louisiana briefly Social Security, for pensions, indeed, ernors do not like what you have done said, that Social Security and Medi- for the Tax Code. totally on welfare an area that has care will be here in the future years. So we looked into this further. As been mentioned before briefly. Mr. BREAUX addressed the Chair. the Senator said, we set up a commis- We make some savings out of Medi- The PRESIDING OFFICER. The Sen- sion to look into what is the accurate care, or actually what we do is we re- ator from Louisiana is recognized. Consumer Price Index. As the Senator duce the rate of growth over the next 7 Mr. BREAUX. Mr. President, I yield said, the preliminary report has come years. Medicare, unless something is myself such time as I may consume. back saying that as currently com- done, is truly going to go broke. I would like to ask a question of the puted it is overstated somewhere be- People say, ‘‘Oh, we have heard you distinguished Senator from Rhode Is- tween, on the low side 0.7 percent, on people say that around here on this land, because he was talking about the the high side 2 percent. floor before.’’ All right, let us just look Consumer Price Index adjustment. He So we looked at that, here is 2 per- and see what has happened. We have and I served on the Senate Finance cent way up here, 0.7 percent here. We two recent reports. The New York Committee together. We know we had said we will not go as high as either of Times reported last Tuesday that the asked for a study by a commission to those figures. We will only make an ad- Medicare hospital insurance trust report to the Finance Committee. I justment of 0.5 percent, from the fund—which is the fund that pays the think the commission was asked for by Consumer Price Index. Actually, we hospital bills for the elderly—operated the distinguished Senator from New would make really tremendous savings at a loss for the first 6 months of this York, Senator MOYNIHAN, and, at that if we, for example, took the 2 percent. current fiscal year. It fell short, the time, Senator Packwood, to report to Mr. BREAUX. Yes. outflow as compared to the income, fell us as to whether the CPI, the Consumer Mr. CHAFEE. But we chose not to do $4 billion short in that brief time. Price Index, was correctly reporting that, as the Senator recalls. So once upon a time we were bring- the cost of living or not. That commis- Mr. BREAUX. Let me thank the Sen- ing in more revenue than we were ex- sion made a preliminary report and ator for that comment. I want to talk pending and we built up a surplus. Now said no, it is incorrect, in that it over- about why we did what we did with re- the lines on the graph have crossed and states inflation by anywhere between gard to the CPI adjustment, because it the expenditures are exceeding the in- 0.7 percent up to 2 percent. is controversial. But I think, as our come. That is not going to change un- So what we have done is suggest we colleagues understand better what it less we do some things. make an adjustment, that we make a actually does in the real world, they Yesterday’s Washington Post re- correction, that we make it more accu- will agree with us that it is the right ported the Congressional Budget Office rate than it was before. Our plan says thing to do. I think it is the correct now believes the Medicare trust fund we are going to take a low estimate— thing to do, not only economically, I will become insolvent in the year 2001. let us use one-half of 1 percent—and think politically it is the correct thing When we started on this exercise just a make the adjustment there. to do because we are telling senior citi- few months ago we thought it was It seems to me, and I ask the Sen- zens and everybody else who benefits going to go insolvent in 2002, so in just ator, that what we are suggesting from programs that are indexed for in- a few months we have seen the fiscal makes such great sense I am wondering flation, that we are going to take the situation of the trust fund deteriorate if he could comment on why there is so steps necessary to make sure the pro- by a year. So, unless something is done much opposition. It seems no one gram is there for the future. Unless in this Medicare Program, along the wants to touch this part of our plan for some corrections are made, you are April 30, 1996 CONGRESSIONAL RECORD — SENATE S4373 going to have an indexed program that 2013, not that far off—by the year 2013, So what we have suggested is a fix in does not have any money in it. So if Social Security benefit payments will this area. It is not the only way to the program is broke, what in the exceed the tax revenues dedicated to solve the problem, but it is part of a world is the benefit of having it in- the program. package. Increasing gradually the re- dexed to inflation if there is no money That simply means we are going to tirement age is part of that suggestion, left in the Treasury? and that I support as well. I will give an example. Just with the be paying out more than we are taking Let me tell you what that means in Social Security Program, the esti- in. So if we are going to pay out more mates are, by the year 2030, the number than we are taking in, what benefit is the real world. I ask unanimous con- of people receiving benefits is expected it to say it is indexed and I will get an sent to have printed in the RECORD a to rise to 43 beneficiaries for every 100 increase every year to make up for in- table which is entitled ‘‘Impact of 0.5 workers. Right now it is 27 bene- flation? If you do not have any money percent CPI Change on Social Security ficiaries for every 100 workers. There is left in the pot, it does not matter it is Beneficiaries.’’ an explosion with the baby boomers indexed to any kind of standard be- There being no objection, the table who are going to be retiring. What that cause there is no money left to pay a was ordered to be printed in the means in real terms is that by the year person. RECORD, as follows: IMPACT OF 0.5 PERCENT CPI CHANGE ON SOCIAL SECURITY BENEFICIARIES

1995 1996 1997 1998 1999 2000 2001 2002

Average Monthly SS Benefit ...... 637 656 676 696 717 738 761 783 Average Monthly SS Benefit CPI—0.5 Percent ...... 637 653 669 686 703 721 739 757 Average Monthly Difference ...... 3 7 10 14 18 22 26 Average Yearly Difference ...... 38 79 121 166 213 263 315

Mr. BREAUX. What this simply this step is simply the right thing to services to our children and to our shows is that it has a very small dollar do. All we are doing is saying, let the grandchildren. Beyond it simply being impact on a retiree when you look at Consumer Price Index be accurately wrong, Mr. President, it is destructive the great benefits of shoring up the stated. That is what we have chosen to of opportunity for future generations. system. For instance, the average So- do here. We are convinced and we are told by cial Security monthly benefit in 1995 Some have labeled that a very coura- those who are economic experts that a was $637 a month. With no change at geous step. We did not look on it that balanced budget, even the clear prom- all, that will go up to $656 a month in way. We think of it as the logical step ise of a balanced budget, with policy 1996. to take to state the CPI more accu- changes that will lead to that point, With our change—and people say, rately. Likewise, there is, as the Sen- will mean more money for the Federal ‘‘Oh, it’s so difficult. It is impossible to ator from Louisiana so aptly stated, a Government from the present tax sys- do politically. You will have all the tremendous benefit to doing that. Oth- tem because of lower interest rates and seniors unhappy. It is a terrible thing erwise, unless we do it, the Social Se- greater prosperity, but, more signifi- to do’’—with our change the person curity system is going to go under cantly than that, more money in the who is averaging $637 per month in 1995 water. pockets of American citizens, more will still get an increase next year; it I see the Senator from Washington jobs, better jobs, lower interest rates will go up to $653 instead of $656. That here, and I am glad to hear his com- on homes and automobiles and other is $3 less. It still is a substantial in- ments. major purchases people make. There is crease. The PRESIDING OFFICER. The Sen- a tremendous fiscal dividend to be had What is more important, it is a more ator from Washington. from a balanced budget, not only for accurate increase because it more ac- Mr. GORTON. Mr. President, last the Government but more importantly curately reflects what the adjustment Thursday, I appeared with the two dis- for our citizens. should be. How can anyone stand up tinguished Senators from Rhode Island I will conclude, Mr. President, by and say, ‘‘Not only am I going to have and Louisiana and a large number of saying that I believe that the two Sen- my benefits increased for inflation, others to speak in favor of their bipar- ators who have led this effort deserve guaranteeing an annual increase, but I tisan balanced budget proposal on the gratitude not just of the Members want it to be overstated, I want it to be which I have worked under their tute- of the Senate and of the Congress, but inaccurate, and I want it to be a mis- lage over the course of the last several of the American people. They have not take, which determines how much I months. to this point gotten the publicity, the get.’’ I do not need to repeat the history public acceptance, the public knowl- How can anyone stand up and say, ‘‘I which led to this point or, for that edge, for that matter, of this proposal want an error in the adjustment of matter, the details of the proposal it- that they deserve. But they have sol- what the increase should be to deter- self, except to say, Mr. President, that diered on to a point at which this is a mine how much I’m going to get from this is, in fact, a balanced budget, a very real alternative and one I hope my Government,’’ putting in jeopardy truly balanced budget by making real that Members of both parties and the the entire program for future genera- changes in the way in which we man- President of the United States will ac- tions? I cannot think of a senior who age spending programs in this country, cept. would ever want to stand up and say, true reforms in entitlement programs, Mr. CHAFEE addressed the Chair. ‘‘I want more than an inflation adjust- to a certain extent, and, in particular, The PRESIDING OFFICER. The Sen- ment accurately says I should get,’’ reforms that were not even included in ator from Rhode Island. when it runs the risk of destroying the the balanced budget that were passed Mr. CHAFEE. Mr. President, I thank very program that their children and by this body in December. So from a the Senator from Washington for those grandchildren, as well as themselves, substantive point of view, it is very very generous remarks. I appreciate have come to depend on. real. the kind words he said. Let me just say So we have taken a great, courageous Mr. President, the only other com- that we cannot go too far wrong if we political step, some say. I think it is a ment about the program that I have to are doing something right for the fu- factual step that has to be taken in say is this. At one level, of course, bal- ture generations of this Nation. order to preserve the system. I reserve ancing the budget is almost a moral It is absolutely clear that, if we con- the remainder of my time. course of action. It is simply wrong tinue on the present course, trying to Mr. CHAFEE addressed the Chair. morally and ethically for us to con- fund these entitlements—Medicare, The PRESIDING OFFICER. The Sen- tinue year after year spending hun- Medicaid, Social Security, welfare— ator from Rhode Island. dreds of billions of dollars on services without changes, it is clearly going to Mr. CHAFEE. Mr. President, I agree that we want but are unwilling to pay bankrupt the Nation. You see some with the Senator from Louisiana that for, and then sending the bill for those projections that estimate an individual S4374 CONGRESSIONAL RECORD — SENATE April 30, 1996 will have to pay 80 percent of his or her The American people are not well ity. And the way we obtain a majority earnings to the Federal Government in served if you let it go to a position is to talk to each other and work order to sustain these programs in fu- where it is insolvent. Social Security is things out and make the kinds of ture years. They are clearly out of con- going to be insolvent. It may be 20 changes and understandings that we trol. years, it may be 25 years, but it will be have to make in order to get there. That is why we try to bring them insolvent. Unfortunately, in the circumstance under control. It is not just us predict- To pretend you are somehow helping we live in today, a majority is not 51 ing this. It is already happening, and the American people by running these votes; a majority is 60 votes. And you ahead of schedule, as we see with the trust funds into insolvency is ludi- cannot get 60 votes in the Senate if you Medicare Program. crous. The American people know it is do not have some give and take. So I The Senator from Colorado is here, ludicrous. The American people want a salute the tenacity of the folks who the senior Senator from Colorado. I Congress that will deal with the prob- have been involved in this process to will be delighted to hear his comments. lems, not hide from them, not gloss keep at it and to keep both sides to- The PRESIDING OFFICER. The Sen- them over, not pretend they do not gether and to keep both sides equal. I ator from Colorado. exist. They want it done fairly, they think that is a powerful, powerful idea. Mr. BROWN. I thank the Senator want it done evenhandedly. Mr. Presi- What are we doing, Mr. President? from Rhode Island and the Senator dent, this budget offers a bipartisan We are trying to solve the financial from Louisiana for their leadership on way to resolve our financial difficul- problems of the United States. What this project. ties. are the financial problems of the Unit- Mr. President, why in the world Mr. CHAFEE addressed the Chair. ed States? Quite simply, spending ex- would you have a budget process going The PRESIDING OFFICER. The Sen- ceeds income at an increasing rate. on separately from the committee? I ator from Rhode Island. That is very fundamental. So we have think there are some simple truths Mr. CHAFEE. I thank the Senator to address ways of increasing income that lay out why. The reality is that from Colorado for those excellent re- and ways of decreasing the growth of this Congress tried to control spending. marks. spending. They did it by proposing increases last I yield what time the Senator from The thing that I endorse the most year of roughly 3-percent. That may Utah needs. out of this is the recognition that there not sound like cuts to people outside The PRESIDING OFFICER. The Sen- are ways to increase income that defy the U.S. Congress, but in reality a 3- ator from Utah is recognized. the wisdom of the computers that percent increase was less than the rate Mr. BENNETT. Mr. President, I rise make straightforward extrapolations. we had been on and less than what the to pay tribute to the two Johns— The willingness of everyone to put a natural law provides with the auto- CHAFEE of Rhode Island and BREAUX of capital gains tax cut in this package is matic increases in a variety of pro- Louisiana—for the leadership they the most encouraging thing for me. grams. have shown and for the tenacity which The computers say it is going to cost The President honestly, sincerely felt they have maintained throughout this us money. I know the computers are that we ought to increase spending at process. wrong. I know that when we get actual least 4, 4.5 percent. Thus, they did not As I go home to Utah, I have two re- experience, we will find that cutting reach agreement. Mr. President, that actions from people, as they go the capital gains tax rate, as this pack- fact has not gone away. The reality is through the process and go through age does, will increase capital gains that the President of the United States what we have done here. The first one tax revenue. Every time we have done wants much more in the way of an in- that comes from people, who are, per- that in history, that has been the re- crease in spending than the Republican haps, more partisan than some others, sult. Every time we have raised the Congress wants. There is no way is to find some aspect of this thing and capital gains tax rate, we have reduced around that. It is not going to change complain. ‘‘How can you, Senator BEN- capital gains tax revenue. Why we can- tomorrow. NETT, support’’—fill in the gap—and not get the computers programmed to I think we all hope that the Presi- the reaction is, ‘‘No, I do not support recognize that fact is something I have dent will sit down with Congress and that. You are right, I campaigned quit arguing about, because I have been work out an arrangement. But that has against that.’’ ‘‘Well, how can you unable to budge anybody who programs been tried, and the reality is, the two stand here and say that this was a good the computers. But the willingness of parties have dramatically different thing that you have been involved in?″ both sides to say, OK, we will score this views of what is good for the country. And then we get to the second reac- as a revenue loss, even though I know The President sincerely believes we tion, which comes from many of the it is not, and we will pay for it because need to increase spending more than same people, but includes a broader it is the right thing to do, shows a de- the Republicans want to increase spectrum, and it is summarized, ‘‘Can gree of understanding that I think is spending. you guys not get your act together terrific. Mr. President, the only salvation for back there and solve some of these The other thing we do in this pack- us is a bipartisan effort in Congress problems?’’ ‘‘Why are you so partisan age that I salute is that we have the that comes up with enough votes to that you cannot address the fundamen- willingness to confront the CPI. We override the President’s veto. That is a tal issues of the country.’’ ‘‘Instead of have the willingness to say the simple reality and a simple fact. If we a Democratic or Republican solution,’’ Consumer Price Index is out of whack. did not develop a budget that does one of my constituents said, ‘‘is there The Consumer Price Index is driving that, we did not achieve any progress. not an American solution?’’ I am not the increase in spending. We have to That is why I think this proposal has so filled with hubris as to say the re- confront it, even though it produces a so much merit. sult here is the ‘‘American solution’’ as bonus for a lot of our citizens. It is a bipartisan proposal. Is it as opposed to the Republican or Demo- I am heartened by the courage of all strong as I would like? Of course not. cratic solution. 22 members of this group, Democrats as The reality is we ought to be cutting I remember something my father well as Republicans, who looked each spending, not increasing it at a slower used to say when talking about his ex- other in the eye and said, ‘‘It is time rate. Anybody who looks at their fam- perience in the Senate. He said, ‘‘We for a little truth telling. Even though ily budget knows that. But this is dra- legislate at the highest level at which the CPI is politically sensitive, it is matically better than no progress at we can obtain a majority.’’ I think that time to do the right thing.’’ all, and it is the one alternative we is the driving force here—that we have So, Mr. President, as I said, I salute have this year to make some progress. recognized that there will be things in the two Johns for their leadership, and There are some other facts that are the bill that I will hate. There will be the other 20 members of the group, who realistic, too. Medicare is going to be things in the bill that I will really like stood together on these crucial issues. insolvent. We can debate about wheth- and that folks on the other side will I recognized immediately that there er it is going be 5 years or 6 years or 4 hate. But we legislate at the highest are things in the deal I do not like. years, but it is going to be insolvent. level at which we can obtain a major- But, ultimately, the direction in which April 30, 1996 CONGRESSIONAL RECORD — SENATE S4375 it moves us is the direction in which certainly does drive seniors into doubt Mr. CHAFEE addressed the Chair. the country must go, in a bipartisan and concern. That is what we must do. The PRESIDING OFFICER (Mr. manner, lowering the temperature of It is inflation that eats away the sen- CAMPBELL). The Senator from Rhode the partisan arguments that occur on iors’ lifetime savings. Island [Mr. CHAFEE] is recognized. this floor. I am proud to have been a So we have had the testimony from Mr. CHAFEE. Mr. President, first, I part of the overall effort. Alan Greenspan, and others, who be- want to thank each of the speakers Mr. BREAUX. Mr. President, I will lieve the CPI is off the mark. We think who took the trouble to come here yield whatever time he needs to the this is a very valid step—$110 billion in today in support of this effort that Senator from Wyoming. I will conclude savings over 7 years. That may not be Senator BREAUX and I have the privi- by pointing out that I think we have a popular proposal, but it is critically lege of leading. laid out a good package. We have indi- important. If we were to do that for 10 Second, I would like to say that what cated that there will be an opportunity years on a 1 percent, which we are not this is all about is future generations. in the next week or so to present our dealing with, but that would be $680 Unless we do something about these package on the floor of the Senate as billion over 10 years. The figures are entitlements, this country of ours is an amendment on a substitute to the huge and, exponentially, they go on going to be in great financial and eco- Budget Committee resolution. We hope out. nomic peril. If we take these steps now that between now and then we will So it is a total package. Some are that we have outlined, then there is a have a chance to talk to our colleagues not going to like things here, but it is wonderful chance—it is not only a and go into greater detail with them as a very good first step. We achieve some chance, it is a fact—that we can re- to what our package contains, to try really significant reversal of what is verse the trends that are now underway and answer the questions they have, happening to us as a country. I served in our two largest spending programs— knowing that it is not perfect, but that on the Entitlements Commission, and Social Security and Medicare—as well we think it represents a true and fair we all know where we are headed. as Medicaid and welfare. compromise. I like the one about making Medicare So this is it. It is easy to criticize, With that, I yield to the Senator eligibility link up with the Social Se- and people, as I mentioned earlier, will from Wyoming. curity retirement age by gradually in- say, ‘‘I’m all for it, except for the CPI,’’ Mr. SIMPSON. Mr. President, I ask creasing that eligibility age. That ac- or ‘‘I’m all for it, except for the Medi- unanimous consent that we continue knowledges that life expectancy is care number,’’ or ‘‘I don’t like your tax for an additional 5 minutes in morning higher now. figure.’’ But nobody else has come for- business, which will enable me to speak We are going to affluence test Medi- ward with a program that has the sup- 4 minutes and conclude with either care part B. I would have done more of port of Senators on both sides of the Senator CHAFEE or Senator BREAUX. that. We say those who have annual in- aisle, Democrats and Republicans. The PRESIDING OFFICER. Without comes exceeding $50,000 and couples So this is it, and we hope that every- objection, it is so ordered. who have incomes exceeding $75,000 body, every single Senator in this body Mr. SIMPSON. I am pleased to join will be affluence tested. I certainly will carefully consider what we have with Senators CHAFEE and BREAUX, and think we could do that at a lower in- come up with. We sincerely hope that the others of the centrist coalition, in come sometime, but we do not have the they will join with us. We want more announcing this plan. This is very com- votes to do it at this time. people. There are 22 of us who have prehensive. I hope our colleagues will We limit Medicaid. I would have worked together on this since October. take a very clear look at it. But I just liked to have seen more flexibility, but But 22 is not enough, and it is not so admire Senators CHAFEE and I am not going to let that deter me enough for Senators to say, ‘‘Well, BREAUX—tireless, able, caring, sensible from supporting this. that’s pretty good. We’ll see what else people, trying to do a sensible thing. Everything here will have an objec- is going to come along.’’ Nothing else We cannot continue this raucous par- tion from somebody, but the totality of is going to come along that we know tisanship about who is doing what to it overwhelmingly outweighs the con- of. We have been involved with this for who. Medicare cannot be touched and cerns I have about these other things. some time. now, of course, it is going to go broke So in many other areas—taxes—I had So we do seek support from our fel- a year, maybe 2 years, earlier than we my concerns. Here is a tax package. I low Senators on both sides of the aisle. thought 6 months ago. Here we rock did not think we should just give away The beneficiaries will be our children along and, finally, we are addressing it $250 for every child under the age of 17, and our grandchildren, and that is a in this proposal. but in the spirit of cooperation and pretty worthwhile goal. I am particularly pleased that we are consensus, we were able to address I thank the Chair and certainly looking at the Consumer Price Index, some of my concerns. There was not a thank my distinguished colleague, Sen- and that we propose to reduce that CPI single thing I addressed that was not ator BREAUX, who has been terrific in by one-half of a percentage point in met with the finest courtesy and genu- the leadership he has given to this pro- 1997 and 1998, and by three-tenths of a ine regard of what we were trying to gram right from the beginning. percentage point after that, for the do. f purposes of computing the COLA’s, the So I urge all my colleagues to con- cost of living allowances. And, of sider the plan. Those who automati- TRIBUTE TO FORMER JUSTICE course, the AARP will shriek like a cally reject the notion of a bipartisan RICHARD L. ‘‘RED’’ JONES gut-shot panther and leap off their pin- budget will have no trouble at all find- Mr. HEFLIN. Mr. President, retired nacle down there at their temple, for ing one or two items to oppose it, but Alabama Supreme Court Justice Rich- which they pay $17 million a year rent. I am convinced anyone who approaches ard ‘‘Red’’ Jones passed away on April Please go see it. I hope everybody goes the plan with an open mind and a rec- 22. I had the pleasure of serving with there. Get your shoes cleaned off before ognition that all true bipartisanship him on the court in the mid-1970’s, and you go in, or you will hurt the marble requires a great degree of com- remember well his great wit and abil- floors. It is quite a place. They will go promise—compromising an issue with- ity to tell stories. He was also a true crazy on this. They will wail about out compromising ourselves—will con- legal scholar who approached cases and tearing the back door down and the clude this as an impressive plan. No issues with zeal accompanied by seri- terrible effort to get Social Security tricks, no gimmickry, none of the ousness. He loved the law. He was al- benefits. And we are not cutting Social usual stuff. It makes the tough, politi- ways tenacious in his determination to Security benefits. That is not what is cally unpopular decisions Republicans arrive at the correct decision under the driving this issue. and Democrats alike have been putting law. What we are striving to do is have a off for far too long. Red grew up in rural Pickens County, more accurate CPI that reflects the I again thank sincerely Senator located in west-central Alabama, where true level of inflation. This is the issue CHAFEE and Senator BREAUX. They are he was known by his initials, ‘‘R.L.’’ that is most important to the senior statesmen. People there continued to refer to him citizens of this country—inflation. This Thank you. as R.L. throughout his life, as opposed S4376 CONGRESSIONAL RECORD — SENATE April 30, 1996 to Richard, Dick, or Red. While he was He had an abiding interest in serving egregious, if not more, as the continu- growing up in this part of Alabama, he others by volunteering his time in sev- ing imprisonment of many political had an insatiable appetite for reading eral civic organizations and associa- prisoners in Vietnam today. and for educating himself. He loved to tions that he felt would improve the I ask unanimous consent that the tell of how he took full advantage of communities in which he lived or that text of the resolution of the ICFV the book mobiles that would come he thought would advance his profes- adopted on April 24, 1996, be printed in around during those days bringing sion. He believed strongly in country, the RECORD for the information of all books to residents in rural areas. family, and faith. Senators. Red attended law school at the Uni- At his funeral, Justice Hugh Maddox There being no objection, the text of versity of Alabama. He began practic- gave a warm eulogy to his long-time the resolution was ordered to be print- ing law in Aliceville, AL, after obtain- friend, saying: ed in the RECORD, as follows: ing his law degree. He later practiced Red Jones had boundless energy, and al- RESOLUTION OF THE ICFV, WASHINGTON, DC, in Fairfield and eventually became a though Red has passed his baton to those of APRIL 24, 1996 partner in a Bessemer law firm. He us who are still in the race . . . he left with 1. The representatives of the I.C.F.V. then moved his law office to Bir- us the legacy of how the race should be run. present at this conference are united in this mingham, but had clients all over Ala- He prepared well, he was totally committed, support for: bama. and he ran with endurance. 1.1. The rule of law, multiparty politics, Red was an outstanding trial attor- One of his last acts on the court a few free elections, the release of political pris- ney. He handled many cases seeking years ago was to swear in Alabama’s oners and prisoners of conscience; compensation for lung diseases suffered newest lawyers—among them his son, 1.2. The recognition and implementation of human rights, including the rights of free by coal miners and cotton gin workers, Rick Jones—who had recently been ad- and served for a time as the president speech, freedom of association, freedom of mitted to the State bar. religious belief, and freedom from arbitrary of the Alabama Plaintiff Lawyers Asso- Judge Red Jones was an outstanding arrest, freedom to work; and ciation, now known as the Alabama lawyer, family man, and public serv- 1.3. The obligation of all governments to Trial Lawyers Association. As a plain- ant. Everyone liked him and enjoyed consult their people and to govern in accord- tiff attorney, he was highly regarded as his companionship. I will miss him ance with their wishes. an ardent advocate by attorneys and greatly. 2. Thus I.C.F.V. urges all parliamentary judges in both the criminal and civil I extend my sincerest condolences to democracies to support and extend assist- fields. ance to the people of Vietnam on the basis his wife, Jean, and their entire family that the forthcoming Communist Party Con- He served on the Alabama Supreme in the wake of this immeasurable and Court for a total of 18 years, from 1973 gress recognizes the principles embraced by untimely loss. this conference and that the party and the to 1991. He was generally known for his f Vietnamese government implement such keen understanding of the law and its principles. majesty. He wrote his opinions in clear LEADERS PROMOTE DEMOCRACY 3. The conference recognizes the immense language so that all could understand IN VIETNAM importance of accurate and fair information them. While on the State’s high court, on current events and issues being made Mr. GRAMS. Mr. President, last he was consistently supportive of all available to the people of Asia including week I hosted a meeting of the Inter- judicial reform efforts. He was a true Vietnam. national Committee for a Free Viet- champion in the area of improving the 4. The conference urges the Parliaments of administration of justice. He oversaw nam [ICFV] which resulted in the the countries represented here including drafting and presentation of a resolu- Australia, Canada, various European coun- the establishment of the unified judi- tries and the U.S.A. to make funds available cial system, the rules of procedure that tion which promotes democracy in Vietnam, particularly individual free- for enlarging existing surrogate home radio govern the trials in both civil and services to Asia, to broadcast otherwise un- doms and human rights. Joining us criminal cases, and the establishment available news and current information to of training programs for judges, clerks were Parliamentary leaders from Eu- the countries of the region. and registers, judicial assistants, and rope, Canada, and Australia. Since Vi- 5. The conference urges the government of court reporters. He participated in the etnamese leaders will hold their Eighth the United States to promote Radio Free revision of the Alabama code, serving Party Congress in June, it is important Asia. 6. The representative of the I.C.F.V. will on the code revision committee. that we communicate the reforms rec- seek to open a meaningful, comprehensive One of the hallmarks of his esteemed ommended in the resolution to the Vi- etnamese, to continue the dialogue dialogue with representatives of the Viet- career was his excellent service as namese government and Communist party. begun as we continue to normalize our commissioner of the uniform State law 7. The conference expresses its apprecia- commission. This commission’s job was relations with Vietnam. tion for those courageous persons in Viet- to propose State laws which could While at the meeting, I was disturbed nam who speak out for truth, democratic serve as models for the States, such as to learn that a distinguished member values and human rights. uniform commercial codes. He was of the group Col. Bui Tin, a former 8. The conference reaffirms the I.C.F.V.’s highly regarded for his work on the member of the Vietnamese Communist commitment to democratic and nonviolent change in Vietnam. commission. As I traveled, I encoun- Party, received a death threat which tered people all over the country who was alleged to originate from Vietnam- f ese Government sources. He is not the praised his accomplishments in devel- THE VERY BAD DEBT BOXSCORE oping model State laws. only one who has received these Red’s sense of self-deprecating humor threats, but he is the only one with Mr. HELMS. Mr. President, at the is something I will always remember whom I am personally acquainted. It close of business yesterday, Monday, about him. He had a way of putting was very disappointing to me to hear April 29, 1996, the Federal debt stood at people at ease through humor and this, just at the time we hope to im- $5,096,726,647,358.55. amusing stories, and often made him- prove our relationship with Vietnam. On a per capita basis, every man, self the brunt of his own jokes. As his Col. Bui Tin, a resident of Europe, woman, and child in America owes pastor at Shades Valley Presbyterian has done nothing but advocate demo- $19,251.62 as his or her share of that Church said so correctly of him: ‘‘He cratic reforms in Vietnam, consistent debt. was a great talker, a great storyteller, with the first-amendment rights we f and a great friend.’’ It seemed as if he have in our country. He does so out of used humor to put serious problems concern for the people of Vietnam, CONCLUSION OF MORNING and issues in their proper perspective where he was a soldier for over 37 BUSINESS so that personal passions and feelings years. The PRESIDING OFFICER. Under would not interfere with his decision- I join many of my colleagues in urg- the previous order, the hour of 10 a.m. making. It helped him retain his objec- ing the leaders of Vietnam to cease having arrived, morning business is tivity when considering a case. this kind of threat, which is just as closed. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4377 IMMIGRATION CONTROL AND FI- non. That certainly was a message What we are trying to do is eventu- NANCIAL RESPONSIBILITY ACT clearly conveyed that that will have to ally even get rid of the I–9 form. But OF 1996 come at another time. when somebody in the debate says that The PRESIDING OFFICER. Under So I will not be trying to link any- employers are going to be burdened, re- the previous order, the Senate will re- thing. I have no sinister plan to pro- member, they are already burdened in sume consideration of S. 1664, the Im- ceed to reconstruct or deconstruct. But the sense that they do the withholding migration Control and Financial Re- the theme of this debate must be very for us on our Tax Code. That is a pretty sponsibility Act, which the clerk will clear to all of our colleagues, and it is big load. They do that. God bless them. report. very simply said: If we are going to On the employment situation, all they The legislative clerk read as follows: have legal immigrants come to our do is have a one-page form called an I– country, then those who bring them, 9, and they have had that since 1986. We A bill (S. 1664) to amend the Immigration who sponsor them will have to agree and Nationality Act to increase control over are going to reduce the number of doc- immigration to the United States by increas- that they will never become a public uments that they have to go through. ing border patrol and investigative personnel charge for 5 years, and then when they We are going to reduce it from 29 to 6. and detention facilities, improving the sys- naturalize, of course, that will end. We are hopefully going to do something tem used by employers to verify citizenship That has come through very clear. with the proper identifiers which even- and work-authorized alien status, increasing But every single amendment that tually will get rid of the form I–9. But penalties for alien smuggling and document you will hear which says that the as- the whole purpose of this is to aid em- fraud, and reforming asylum, exclusion, and sets of the sponsor should not be ployers in what they are trying to do deportation law and procedures; to reduce deemed to be the assets of the immi- the use of welfare by aliens; and for other with regard to employment of others in purposes. grant, then remember that leaves only the work force. one person, or millions to pick up the Of course, any kind of eventual pro- The Senate resumed consideration of slack, and those are called taxpayers. the bill. cedure or verification system that we So every time in this debate when use will apply to all of us. It will not be Pending: there is an amendment to say, ‘‘Oh, Dole (for Simpson) amendment No. 3743, of just asked of people who pull for them. my, we can’t put that on the immi- That would be truly discrimination. It a perfecting nature. grant, that that asset should be listed Graham amendment No. 3760 (to amend- will be asked of those of us who are ment No. 3743), to condition the repeal of the as the immigrant’s asset,’’ every time bald Anglos, too. Only twice in the life- Cuban Adjustment Act on a democratically that will happen, it means that the ob- time can one be asked to present or to elected government in Cuba being in power. ligation of the sponsor becomes less assist in this verification, and that is Graham-Specter amendment No. 3803 (to and the obligation of the taxpayer be- at the time of seeking a job and at the amendment No. 3743), to clarify and enumer- comes greater. You cannot have it both time of seeking public support—that is, ate specific public assistance programs with ways. The sponsor is either obligated, respect to which the deeming provisions public assistance or welfare. That is and should be, by a tough affidavit of where we are. apply. support—and there is a tough one in The PRESIDING OFFICER. The Sen- A quick review of the issues of illegal there—or if they come off the hook, the immigration reform: As I say, this is a ator from Wyoming [Mr. SIMPSON], is taxpayers go back on the hook. That is recognized. plenty tough package. Everyone should the essence of observing this debate. be able to appropriately thump their Mr. SIMPSON. Mr. President, now The second part is very attentive to chest when they get back to the old may we review the activity. Am I cor- the issues of verification, because it home district and say, ‘‘Boy, did we do rect that we have two amendments at does not matter how much you want to a number on illegals in this country.’’ the desk of Senator BOB GRAHAM of do something with regard to illegal im- The answer is, yes, but you will not Florida, to which there has been a de- migration—and let me tell you, this have done a thing if we do not have gree of debate and time has run on bill does big things to illegal immigra- strong, appropriate verification proce- that, and that we are near readiness to tion because apparently that is what is dures. Nothing will be accomplished— vote—not at this time? I will wait until sought—but you cannot get any of it simply a glut of the same old stuff my ranking member, Senator KEN- done unless you have good verification showing one more time fake ID’s like NEDY, is here to be sure we concur. procedures, counterfeit-resistant docu- this, fake Social Security like this. What is the status of matters? ments, things of that nature, which are You can pick them up anywhere in the The PRESIDING OFFICER. Amend- not intrusive, which are not leading us United States. Within 300 yards of this ment No. 3803 is pending, offered by the down the slippery slope, which are not building you can pick up any document Senator from Florida [Mr. GRAHAM]. the first steps to an Orwellian society, you want, if you want to pay for it. Mr. SIMPSON. And then, Mr. Presi- which are not equated with tattoos, You get a beautiful passport from a lit- dent, is there another amendment also which are not equated with Adolf Hit- tle shop not far from here for about 750 pending? ler. That is not what we are about. But bucks. That will fake out most of the The PRESIDING OFFICER. The you cannot get there, you cannot do folks. That is where we are. Chair is informed No. 3760 has been set what people want to do some with You cannot get this done unless we aside. vigor intensified, you cannot do that do something with these types of gim- Mr. SIMPSON. That being the first unless you have some kind of more mick documents which then drain amendment sent to the desk yesterday counterfeit-resistant documentation, away the Treasury, which then create evening. or the call-in system, or something. The PRESIDING OFFICER. That You must have, I think, pilot the anguish with the citizens, which amendment was set aside. projects to review to see which ones give rise to the proposition 187’s of the Mr. SIMPSON. I thank the Chair. Let might be the best that we would even- world. If we do not deal with it respon- me just say now, we are embarking on tually approve, and we would have to sibly, we will have 187’s in every State the issue of illegal immigration. I hope have a vote on that at some future in the Union. my colleagues will pay very clear at- year as to which one we would approve. So those are some of the things that tention to this debate. This is the criti- That is very important. I just wanted to review with my col- cal one. This is where we begin to get You cannot help the employer by leagues. something done. leaving the law to them. The employer To proceed, I will await the appear- I must admit, and I thank my col- right now has to look through 29 dif- ance of my good colleague, the ranking leagues for their patience in my ob- ferent documents of identification or Member from Massachusetts. I suggest streperous behavior to propose to go work authorization. Then, if the em- the absence of a quorum, Mr. Presi- forward with one or two items that had ployer asks for a document that is not dent. to do with legal immigration, thinking on there, that employer is charged, or The PRESIDING OFFICER. The that I might get the attention of my can be charged, with discrimination. clerk will call the roll. colleagues to do something with regard We have done something about that. The legislative clerk proceeded to to chain migration and other phenome- We must continue to do that. call the roll. S4378 CONGRESSIONAL RECORD — SENATE April 30, 1996 Mr. SIMPSON. Mr. President, I ask of that we will close the debate, and under the Elementary-Secondary Edu- unanimous consent that the order for then we will stack the votes on the two cation Act, and Head Start. the quorum call be rescinded. Graham amendments. Then I will go This amendment does not exempt The PRESIDING OFFICER. Without forward with my amendment on phas- any new items. Except for prenatal objection, it is so ordered. ing in, the issue of the birth certificate care, every single program in my AMENDMENT NO. 3871 TO AMENDMENT NO. 3743 and driver’s license, which I think is in amendment is exempted in the House (Purpose: To make a technical correction to form now where it does not have budg- immigration bill. The House saw the sec. 204 of the bill to provide that deeming et difficulty with what we have done. importance of these programs. There is is required only for Federal programs and Of course, the birth certificate is the no reason why the Senate should not federally funded programs) central breeder document of most all do the same. Legal immigrants should Mr. SIMPSON. Mr. President, I send fraud within the system. That amend- not be deemed for programs for which an amendment to the desk to correct a ment will come up then after that. illegals qualify automatically. Let me drafting error in section 204(A) relating Then we will go back to an amendment just underline that. Legal immigrants to an issue within our consideration, so of Senator KENNEDY. I believe Senator should not be deemed for that which il- it will, as intended, apply only to Fed- ABRAHAM had a criminal alien meas- legal immigrants qualify automati- eral and federally funded programs. ure. Then I will go to a verification cally. I have cleared this with my ranking amendment. The reason the illegal, primarily member, and it is a technical amend- Once those issues, including deeming children, qualify is because we have ment returning the language to what it and welfare, verification and birth cer- made the judgment that it is in the was before the final change and to be tificate discussion, are disposed of— public health interest of the United consistent with the intent of the sec- those are central issues to the debate— States, of its children, that there be tion and with the version that was used I think that other amendments will immunization programs so there will during the Judiciary Committee mark- fall into appropriate alignment with not be an increase in the commu- up. the planets. nicable diseases and other examples The PRESIDING OFFICER. Is there Mr. KENNEDY addressed the Chair. like that. We have made that judg- objection? The PRESIDING OFFICER. The Sen- ment, and it is a wise one, and I com- Mr. SIMPSON. I ask unanimous con- ator from Massachusetts. mend the House for doing so because it sent that it be in order. Mr. KENNEDY. Mr. President, I yield is extremely important. The PRESIDING OFFICER. Without myself 8 minutes. We have effectively eliminated the objection, it is so ordered. Mr. President, at the time the Gra- deeming program for expectant moth- The clerk will report the amendment. ham amendment is disposed of—I will ers for prenatal care. Why? Because the The legislative clerk read as follows: offer the amendment and I will speak child will be an American citizen when The Senator from Wyoming [Mr. SIMPSON] to it at the present time because the that child is born and we want that proposes an amendment numbered 3871 to subject matter is very closely related child, who will be an American citizen, amendment No. 3743. to what the Graham amendment is all to be as healthy and as well as that Mr. SIMPSON. Mr. President, I ask about. If his amendment is successful, child possibly can be. So we work with unanimous consent that reading of the it will not be necessary. But I want to certain States on that. There are a few amendment be dispensed with. illustrate why I think the Graham States that provide that kind of pro- The PRESIDING OFFICER. Without amendment should be supported by gram—we are willing to support those objection, it is so ordered. outlining a particular area of need that States—after the mother has actually The amendment is as follows: would be included in the Graham been in the United States for 3 years. Section 204(a) is amended to read as fol- amendment but to give, perhaps, great- So, this is not the magnet for that lows: er focus to the public policy questions mother. The mother has to dem- (a) DEEMING REQUIREMENT FOR FEDERAL which would be included in my amend- onstrate residency, to be here for a 3- AND FEDERALLY FUNDED PROGRAMS.—Subject ment. year period. It makes sense to make to subsection (d), for purposes of determining My amendment would remove the sure that child gets an early start. We the eligibility of an alien for benefits, and sponsor-deeming requirement for legal have that in this legislation. But the the amount of benefits, under any Federal immigrants under the bill for those program of assistance, or any program of as- other programs I have referenced here sistance funded in whole or in part by the programs for which illegal immigrants are closely related in merit to those Federal Government, for which eligibility are automatically eligible. These pro- programs. for benefits is based on need, the income and grams include emergency Medicaid, Legal immigrants should not be resources described in subsection (b) shall, school lunches, disaster relief, child deemed for programs which the illegals notwithstanding any other provision of law, nutrition, immunizations, and commu- qualify. For example, legal immigrant be deemed to be the income and resources of nicable disease treatment. Under my children are subject to sponsor deem- such alien. amendment, illegals and legals would ing before they can receive immuniza- Mr. SIMPSON. I urge adoption of the be eligible for these programs on the tion. Illegals are automatically eligible amendment. same basis, without a deeming require- for immunization. Both legal and ille- The PRESIDING OFFICER. Is there ment. gal children need immunization to go objection? The Chair hears none, and In addition, my amendment exempts to school. But if parents cannot afford the amendment is agreed to. a few additional programs from the immunization, the legal immigrant So the amendment (No. 3871) was deeming requirements. These programs child cannot go to school, the illegal agreed to. were all exempted from deeming in the immigrant can. This is just one of the Mr. SIMPSON. I thank the Chair. managers’ amendment in the House examples of the inequities in this bill. Mr. President, I make the eternal la- immigration bill. Let me underline Community and migrant health serv- ment—if our colleagues could come for- that. What this amendment basically ices, under the Public Health Services ward with the same vigor in which does is put our legislation in conform- Act, go to community clinics and other they produced their amendments at the ity with what has actually passed the small community programs. These last call, as they draped some 100 or so House of Representatives on these im- grants are intended to ensure the up front at the desk. And, of course, we portant programs, and for the reasons I health of entire communities, so legal are limited procedurally. We are lim- will outline briefly. The language of immigrants should continue to be in- ited by hours, each of us having an the amendment is identical to the lan- cluded in the program to keep the hour. Yielding can take place or alloca- guage passed by the House. For these health of the whole community from tion of that hour. programs, it is especially unconscion- being jeopardized. We are ready to proceed. I believe able or impractical to deem the spon- Community and migrant health clin- that we need not have too much fur- sors’ income. These additional pro- ics are the first line of defense against ther debate. I know Senator DOLE grams include community and migrant communicable diseases. These pro- would like to speak on the Cuban Ad- health services, student aid for higher grams get people into the primary justment Act. I think at the conclusion education, a means-tested program health care system. There is no way, April 30, 1996 CONGRESSIONAL RECORD — SENATE S4379 other than expensive private health in- standard than those who are illegal. In the Senator from Florida offered last surance, for legal immigrants to take addition, there are certain services night on behalf of himself and others. care of illness from the start, such as which are vital to the continued health First, I listened to the distinguished coughs, sore throats, skin lesions. and well-being of this country. My manager of the bill, Senator SIMPSON. I Without this exception, immigrants amendment ensures that legal immi- think he correctly stated we would like will be pushed into emergency rooms grants will still have access to these to stack those votes and have the votes to get treatment. This clogs our Na- programs. occur after the policy luncheons, be- tion’s emergency rooms and is more ex- I want to point out that our whole in- cause apparently there is a problem pensive. Under this bill, immigrants tention in dealing with illegals is to with planes getting in and out of New would have to wait until their illnesses focus on the principal magnet, what York. were severe enough to warrant a trip to the problem is, and that is the jobs Cloture was filed last night on the the emergency room. This is bad health magnet. That is why we have focused bill. We would like to have that cloture care policy. on that with the various verification vote later today. If not, then very early This amendment would also exempt provisions, which I support, which have in the morning, 8 a.m. tomorrow morn- from the broad deeming requirements been included in the Simpson program; ing. So we can either do it late tonight Federal student aid programs to legal by dealing with other proposals to en- or early tomorrow morning. We could immigrants to help them to pay for sure greater integrity of the birth cer- wait until midnight to have it 1 minute college. Student aid is not welfare. tificates, an issue which I will support after midnight. I prefer not to do that. Student aid is not welfare. Half of the with Senator SIMPSON; the increase of It is our hope we can complete action college students in this country rely on the border guards and Border Patrol— on this bill and move on to other legis- Federal grants or loans to help pay for again, to halt the illegals from coming lation. We have made progress. I think their college, and many affluent citi- in here. That is where the focus ought we can probably make a little more. zens could not finance a college edu- to be. We should not say in our assault, AMENDMENT NO. 3760 cation without Federal assistance. in trying to deal with that issue, that Mr. DOLE. Mr. President, I have the Legal resident aliens are no different. we are going to be harsh on the chil- utmost respect for Senator SIMPSON Most of them would be unable to afford dren. That does not make any sense. and his work on immigration. I do not college without some financial help The PRESIDING OFFICER. The Sen- often disagree with him, but on one from the Government. A college grad- ator wished to be yielded 8 minutes. issue I do. Section 197 of this bill re- uate earns twice what a high school Mr. KENNEDY. I yield myself 2 more peals the Cuban Refugee Adjustment graduate earns and close to three times minutes. Act. The Cuban Refugee Adjustment what a high school dropout earns—and Mr. President, a final point I will Act of 1966 was enacted to facilitate pays taxes accordingly. make is, I know a quick answer and the granting of legal permanent resi- I want to point out, the eligibility easy answer to this is, ‘‘If the deemers dent status to Cubans fleeing their has no impact on reducing the eligi- do not provide it, the taxpayers will.’’ homeland. The Cuban Adjustment Act, bility of other Americans. That is be- That is a simple answer. With regard to at its core, is about standing on the cause the Pell and Stafford loans are a this program, it is wrong. The reason it side of oppressed people—our neigh- type of guarantee, so we are not saying is wrong is because in the SSI, the bors—who are fleeing Castro’s dictator- that, by reducing the eligibility to AFDC, the other programs, in order to ship. The United States has consist- take advantage of those programs, we get eligibility, there has to be pre- ently stood with the Cuban people. are denying other Americans that. paredness for financial information in That is why I rise in opposition to the That is not the case. That is not the order for eligibility. That has been out proposed elimination of the Cuban Ref- case. That is not so. We have some there, and it exists at the present time. ugee Adjustment Act before a demo- The deeming programs in those areas 460,000 children who are in college at cratic transition takes place in Cuba. have had an important effect. the present time who are taking advan- First of all, conditions in Cuba have We are going to have to set up a not changed since the implementation tage of these programs. Many of them whole new process of deeming, as the have extraordinary kinds of records. of the act. In 1996, as in 1966, Castro Senator from Florida has pointed out, brutally represses dissent and system- This would be unwise. The repayment because there is no experience in these programs under the Stafford loans have atically abuses human rights. The States for dealing with Head Start or United States has had a consistent and been demonstrated to be as good as, if community health centers or an emer- not better than, any of the returns that determined policy of three decades sup- gency kind of health assistance or the porting the Cuban people’s aspirations come from other students as well. school lunch programs or teachers The Nation as a whole reaps the ben- for freedom and democracy. A policy dealing with the Head Start. that this Congress reaffirmed when it efits of a better educated work force. That is going to be a massive new passed the Dole-Helms-Burton The Bureau of Labor Statistics esti- kind of a program that is going to have ‘‘Libertad’’ Act of 1996. mates that about 20 percent of income to be developed in the schools, local growth during the last 20 years can be Mr. President, let me state clearly communities and in the counties. It is what this act does and does not do. It attributed to students going further in not out there. The cost of that is going school. That has been true. In the essentially allows Cuban refugees who to be considerable and is going to be reach United States shores to apply, at House of Representatives they under- paid for by the taxpayers. So this is a stood this. So this also exempts Head the discretion of the Attorney General, very targeted program. for permanent residence status without Start from sponsor deeming require- For those reasons, I am in strong being forced to return to Cuba. It is not ments. support of the Graham amendment. I a mechanism to allow more Cubans to Everyone knows investments in chil- hope it will be adopted. If not, we will enter the United States. It is not an dren pay off. Nowhere is it more true have an opportunity to address this entitlement to permanent residency. It than in Head Start. Head Start is the amendment at an appropriate time is merely a procedure for those already premier social program, a long-term after the disposition of the Graham here and seeking legal status. To re- experiment that works. Study after amendment. study has documented the effectiveness Mr. DOLE addressed the Chair. peal this act would give the Castro re- of Head Start. The PRESIDING OFFICER. The ma- gime a propaganda victory, but would Legal immigrants should not be sub- jority leader is recognized. not measurably affect the number of ject to more restrictions than illegal Mr. DOLE. Is this the second Graham Cubans reaching America. The Clinton- immigrants. We are punishing the amendment or the first Graham Castro migration pact—negotiated in wrong group. These people played by amendment? secret and without congressional con- the rules, came here legally. Over 76 Mr. KENNEDY. We are debating sultation—allows over 100,000 Cuban percent of them are relatives, members both. immigrants to enter the United States of families that are here. In instances Mr. SIMPSON. Either one. over the next 5 years. Repealing the of citizens or permanent resident Mr. DOLE. Mr. President, I would Cuban Refugee Adjustment Act will aliens, they should not have a harsher like to speak to the amendment that not decrease this number. Repealing S4380 CONGRESSIONAL RECORD — SENATE April 30, 1996 the act will only send the wrong signal since that is the next open opportunity of Republican amendments that have to Castro’s dictatorship. to offer the minimum wage. We want been offered on this, as I understand it That is why I, along with Senators to make it very clear—I know that is with a quick review, far exceed the GRAHAM, MACK, and ABRAHAM, have of- the position of Senator DASCHLE—that numbers that have been offered by the fered an amendment that states that once we conclude this at a time when Democrats. So maybe that admonition the Cuban Refugee Adjustment Act we are going to work through the proc- ought to be targeted in terms of Repub- would only be repealed when conditions ess of cloture and Members will have licans because they have submitted stipulated under the Libertad Act have an opportunity to offer their amend- many more amendments than have been met, specifically, that a demo- ments, at that time, the bill itself will been submitted by our Democratic col- cratic government is in place in Cuba. be open for amendment, and it is our leagues. I thank the Chair. A repeal of the act at this time is not intention to offer the minimum wage Mr. GRAHAM addressed the Chair. in the national interest of the United amendment at that particular time, be- The PRESIDING OFFICER. The Sen- States. Recent events have dem- cause it will be appropriate to offer it ator from Florida is recognized. onstrated once again that the Castro at that particular time. Mr. GRAHAM. Mr. President, for pro- regime remains a threat to security in I hope we are not going to have to go cedural announcements, first, I indi- the Caribbean, America’s front yard. through another kind of parliamentary cate that the minority leader, Senator Let us once again stand together in procedure where we are going to be DASCHLE, has transferred 30 minutes of sending a strong message to Fidel Cas- blocked from offering the minimum his time under the cloture rule to my- tro and to the Cuban people that we wage at all and then another cloture self. Second, I ask unanimous consent stand for democratic change in Cuba. motion filed, so that we are taking up It seems to me with this one provi- the better part of a week on a matter that at such time as we take up consid- sion in this bill—I know the distin- that could have, quite frankly, been re- eration of the Graham amendments, the first amendment to be voted on be guished Senator from Wyoming has solved in a couple of days. No. 3760 and the second amendment worked very hard and has done an out- I thought it at least important to un- voted on be the amendment relative to standing job. I respectfully disagree derstand what the parliamentary situa- deeming, which is No. 3803. Mr. Presi- with him on this one aspect. I hope the tion is. There is no effort to try and dent, I ask unanimous consent that amendment offered by my colleagues delay the consideration of this legisla- that be the order in which the amend- from Florida, Senator MACK and Sen- tion. Everyone on our side voted for it. ments are considered. ator GRAHAM, myself, and others will This is the first opportunity we have The PRESIDING OFFICER. Is there be adopted. had to offer amendments on it. These an objection? Hearing none, without Mr. KENNEDY. Mr. President, par- amendments are all germane, and the objection, it is so ordered. liamentary inquiry. Can we have a clo- floor manager himself indicated he wanted a chance to offer some amend- Mr. GRAHAM. Mr. President, have ture vote if we are under cloture at the the yeas and nays been ordered on present time? Is it appropriate to have ments as well. I think it is important to understand these amendments? another cloture vote during the period that when we conclude this, that there The PRESIDING OFFICER. They we are acting under the decision of the will at least be an effort made by our have not. Senate yesterday afternoon and the 30 leader, Senator DASCHLE, myself, Sen- Mr. GRAHAM. Mr. President, I ask hours have not run? ator KERRY and Senator WELLSTONE, to for the yeas and nays. The PRESIDING OFFICER. The Sen- offer the minimum wage. The leader is The PRESIDING OFFICER. Is there a ate would have to dispose of the cur- in his rights to try and foreclose us sufficient second? There is a sufficient rent cloture item before the vote. from that by working out this other second. Mr. KENNEDY. How many hours re- parliamentary procedure where we will The yeas and nays were ordered. main on the cloture item? Mr. GRAHAM. Mr. President, if I be denied the opportunity to vote that The PRESIDING OFFICER. There re- could comment briefly on the remarks for a period of time. I hope that will mains approximately 27 hours. not be the case. Nonetheless, I just that have just been made by the major- Mr. KENNEDY. And does the Chair wanted to review where we were from a ity leader and then the remarks that know how many amendments are out parliamentary point of view. were made earlier by our colleague there that have been submitted at this Mr. DOLE addressed the Chair. from Massachusetts. I think they both time? The PRESIDING OFFICER. The ma- have gone to the essence of the two The PRESIDING OFFICER. The jority leader. amendments that we will be voting on Chair is informed there has been ap- Mr. DOLE. Mr. President, we under- later today. proximately 130 amendments filed. stand the parliamentary situation. It is The first amendment relates to the Mr. KENNEDY. I, for one, am very my hope we can work out some agree- Cuban Adjustment Act. As Senator hopeful now that we will have a chance ment and complete action on this bill. DOLE has eloquently stated, the condi- to dispose of these amendments. Every- We have been on it a number of days. I tions in Cuba have not changed in the one on this side voted for cloture last think it is a very important piece of past 35 years. Therefore, the reason evening. We have not had a chance to legislation. We would like it to pass. I why the Congress in 1966, 30 years ago, offer amendments. Senator GRAHAM think it has strong bipartisan support, adopted the Cuban Adjustment Act stayed last evening and spoke to the as indicated by the cloture vote last continue in place. Senate on both of these measures, evening. Those reasons are fundamentally a which are timely. Other Members have I think it should be limited to ger- recognition of the authoritarian re- indicated they wish to offer amend- mane amendments. We made a pro- gime at our water’s edge. The fact ments. We want to at least give assur- posal on minimum wage to the leader that, because of that regime, hundreds ances to Members that it is not in on the other side. It has been tempo- of thousands of people have fled tyr- order to order a cloture motion until rarily rejected. Perhaps it will be revis- anny, it was in the interest of the Unit- we have the final resolution on the cur- ited. ed States to have an expeditious proce- rent matter, as I understand. We understand the daily comments dure by which those persons who are Parliamentary inquiry. At the time about this issue, but we are trying to here legally in the United States, have there is final cloture and the accept- complete action on the immigration resided for 1 year, and have asked for a ance of these amendments on the un- bill. If it is determined that is not pos- discretionary act of grace by the Attor- derlying amendment to the bill, at that sible because of an effort to offer non- ney General, be given the opportunity time the bill is open to further amend- germane amendments, then we will to adjust their status to that of a per- ment, is it not? move on to something else. manent resident. That was a valid pub- The PRESIDING OFFICER. That is Mr. KENNEDY addressed the Chair. lic policy when it was adopted in No- correct. The PRESIDING OFFICER. The Sen- vember 1966. It is a valid public policy Mr. KENNEDY. I want to indicate, ator from Massachusetts. in April 1996. we will offer the minimum wage Mr. KENNEDY. Mr. President, I just I cited yesterday and included in yes- amendment at that particular time, point out at this time that the amount terday’s CONGRESSIONAL RECORD, Mr. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4381 President, an article which appeared in responsibility to our constituents, our would like to inquire if there is no ob- the April 29 Washington Post, citing citizen constituents, our noncitizen jection from the leaders on this before the regress that has occurred in Cuba legal alien constituents, and the insti- going along. So if we could inquire of in recent months, the heightened level tutions, public and private, that render the leadership if they are satisfied with of assault against human rights advo- services. All of those deserve to know that time, or make another suggestion, cates, including journalists, the inabil- what it is we intend to require to be I would like to conform to that. ity of human rights organizations to deemed. So would the Senator withhold that? meet, the rollback of some of the gains I say, Mr. President, this is in our Mr. GRAHAM. I would like to add that were made in terms of market ec- tradition. Currently we stipulate by one other item. Senator SPECTER had onomics, all of this at a time when statute in great detail which programs asked to speak on the amendment, the Fidel Castro is saying that Cuba is require deeming. We stipulate, for in- truth in advertising and deeming committed to a Socialist-Communist stance, that the Supplemental Security amendment. I would like to protect his state, will be for another 35 years and Income program be deemed. We stipu- right to do so prior to the vote on that for 35 times 35 years. late that food stamps be deemed. We amendment. That is the mindset of the regime stipulate that aid to families with de- Mr. KENNEDY. Mr. President, we with which we are dealing today, which pendent children be deemed. Those are will inquire of the majority and minor- is the same mindset that led this Con- three programs which are in the law ity leaders, when we do our stacking, gress in its wisdom 30 years ago to pro- today specifically requiring deeming. as to what procedure they want to fol- vide this expeditious procedure. The In that tradition, if we are going to add low in terms of the time. We will make amendment before us recognizes that additional programs, we should be just it clear the Senator’s request, and we the Cuban Adjustment Act is intended as specific in the future as we have will let him know prior to the time of to deal with the special circumstance, been in the past. asking consent. a circumstance that we hope will not So the challenge to us is to be faith- The PRESIDING OFFICER. The Sen- be long in its future. Therefore, our ful to our majority leader’s statement ator from Wyoming. amendment, the Cuban Adjustment earlier in this Congress in which he Mr. SIMPSON. Mr. President, we will Act, will be repealed, but it will be re- said this Congress is going to engage in accommodate the Senator from Flor- pealed when there is a democratic gov- legislative truth in advertising, we are ida, but I agree with my colleague from ernment in Cuba, not today when there going to say what we mean, mean what Massachusetts that certainly that will is a government in Cuba which has we say, and be clear in our instructions be up to the majority leader and the launched a new level of repression to those who will be affected by our ac- minority leader as to that procedure. against its people. tions. We will go forward on that basis. The second amendment, Mr. Presi- So, Mr. President, those are the two Last night, I rather hurriedly com- dent, Senator KENNEDY has appro- amendments that will be voted on later mented on Senator GRAHAM’s amend- priately gone to the essence of that. today which I have offered. First the ment. Let me be a little bit more pre- That is an amendment which states Cuban Adjustment Act, then the truth- cise at this time. I am speaking now of that, if we are going to require that in-advertising and deeming amend- the Graham amendment to limit deem- there be a deeming of the income of the ment. ing to SSI, food stamps, AFDC, and sponsor to the income of a legal alien I conclude, Mr. President, by asking housing assistance. in making judgments as to whether unanimous consent that Senator I do oppose the Graham amendment. that legal alien and his or her family LIEBERMAN of Connecticut be added as This amendment would reopen a sub- can be eligible for literally an unlim- a cosponsor of the Cuban Adjustment stantial loophole in our national—and ited number of programs at the local, Act amendment. traditional—immigration policy. State, and Federal level, that we ought The PRESIDING OFFICER. Without Again, let me emphasize that before to be clear what we are talking about. objection, it is so ordered. any prospective immigrant is approved The way in which the legislation be- Mr. GRAHAM. Thank you, Mr. Presi- to come to the United States, that fore us, S. 1664, describes the matter is dent. newcomer must demonstrate that he or to say that for any program which is Mr. SIMPSON addressed the Chair. she is ‘‘not likely to become a public needs based, that will be the require- The PRESIDING OFFICER. The Sen- charge.’’ That means that the new- ment, that the income of the sponsor ator from Wyoming. comer will never, never, never use wel- be attributed or deemed to be the in- Mr. SIMPSON. I think we are nearly fare—any welfare at all. That is what come of the legal alien for purposes of ready to perhaps close the debate and the law says, and that has been part of their eligibility. I cited last night just stack the votes on these two issues. I our immigration law since 1882. a short list of what could have been see no one further coming to speak on Well, despite this stated policy, more thousands of examples of programs, the issue. I will advise my colleagues— than 20 percent of all immigrant house- from programs intended to immunize yes. holds receive public assistance. There children in school, to providing after Mr. GRAHAM. Mr. President, it is is a disconnect here between our Na- school safe places, and latchkey avoid- my understanding there will be 5 min- tion’s stated policy, which is that no ance institutions in communities. utes on each side immediately prior to newcomer shall use welfare, period, and Is it the real intention of the U.S. the vote. shall not become a public charge, and Senate to say that none of those pro- Mr. SIMPSON. Mr. President, that the reality in the United States, where grams are going to be available to the would be perfectly appropriate to me. one-fifth of our newcomers use welfare. children of legal aliens? I think not. Mr. GRAHAM. Mr. President, I ask My colleagues could easily wonder, Therefore, the thrust of this amend- unanimous consent that, prior to the and are wondering, ‘‘How can this hap- ment is to say, let us be specific. Let us vote on each of those amendments, pen?’’ That is the question of the day. list which programs we intend this there be 5 minutes allocated to each Many individuals show that they will deeming of income of the sponsor to side for closing arguments. not become a public charge by having a apply to. Mr. KENNEDY. Mr. President, re- sponsor who is willing to provide sup- I have listed some 16 programs which serving the right to object, and I do not port if the alien should need assistance I believe are appropriate to require object to it, I think that I generally of any kind. Under current law, how- that deeming. As I said last evening, if want to see if we can vote after the dis- ever, this sponsor’s promise is only it is the desire of the sponsors to mod- position. I think that is a more orderly counted when the alien applies for SSI, ify that list by addition, deletion, or way. The leader has asked that we food stamps, and AFDC. No other wel- amendment, I will be happy to consider stack these. I would like to just see if fare programs in the United States changes. But the fundamental prin- we could see what understanding there look toward the sponsor’s promise of ciple, that we ought to be clear and is between Senator DOLE and Senator support. I hope that can be heard in the specific as to what it is we intend to be DASCHLE. debate. the programs that will be subject to We ought to have at least the minute The bill now before the Senate—this this deeming, I believe, is basic to our or two that we always do have. But I is in the bill that is before you, this is S4382 CONGRESSIONAL RECORD — SENATE April 30, 1996 in the bill that came from the Judici- cause if that sponsor does not do so, you to work. They would claim a green ary Committee by a vote of 13 to 4—re- there is only one who will do so, and card and become permanent residents quires that all means-tested welfare that is the taxpayers of the United here. programs consider the sponsor’s in- States. There is no other person out Since 1980 we have thoroughly tried come when determining whether or not there to do it. to discourage illegal entry of Cubans. a sponsored individual is eligible for So that is where we are. Our Govern- There is no longer any need for the assistance. That is as simple as it can ment spends more on these noncash Cuban Adjustment Act. The provision be. The U.S. Government expects the programs than all of the cash assist- in the bill which repeals the Cuban Ad- sponsors to keep their promises in all ance programs put together. To exempt justment Act exempts those who came cases. That is what it is. them would relieve the sponsors of and will come under the current agree- We should be clear about what deem- most of their promise of support. I see ment between the Castro government ing does. Deeming is, perhaps, a bit no reason to exempt any sponsor from and the Clinton administration, and confusing. It is a simple word that their promise of support, unless they one which Senator DOLE so ably de- something is deemed to be. In this are deceased, bankrupt, or cannot do scribed having been done without any case, the sponsor’s income is deemed to it. If that is the case, then a very gen- kind of participation by the Congress. be that of the immigrant for the pur- erous Government will do it, that is, Those 20,000 Cubans per year, who were poses of computing these things. Deem- the taxpayers. chosen by lottery and otherwise to ing—this is very important. The bill I must stress that immigrant use of come here under that agreement, will will not deny welfare to an individual these noncash welfare programs is be able to have their status adjusted just because he or she is a new arrival. truly significant. For Medicaid alone, under the committee bill provisions. That is not what this bill does. I have CBO estimates that the United States There is no change there at all. How- heard a little bit of that in the debate. will pay $2 billion over the next 7 years ever, other than that one exception, I would not favor anything like that, to provide assistance to sponsored there is no need for the Cuban Adjust- or any approach like that. aliens, people who were coming only on ment Act and it should be repealed. Instead, the bill requires that the one singular basis—that they would No other group—I hope my col- sponsor’s income be counted when de- not become a public charge. This leagues can understand—nor national- termining whether the newcomer is eli- amendment would perpetuate the cur- ity in the world, even among some of gible for public assistance. If the spon- rent levels of high welfare dependency our most brutal adversaries, is able to sor is dead, if the sponsor is bankrupt among newcomers, and I urge my col- get a green card merely by coming to or otherwise financially unable to pro- leagues to oppose it. the United States legally, or illegally, vide support, then this bill provides I have never been part of the ritual and remaining here for 1 year. That is that the Federal Government will pro- to deny benefits to permanent resident what this is. Millions of persons who vide the needed assistance. That is aliens. I think there is some consider- have a legal right to immigrate to join what this bill before you today says. ation there to be given in these cases. family here are waiting in the backlog My colleagues need to know what the I do not say that illegal immigrants sometimes for 15 or 20 years. And it Graham amendment does. It is sweep- should not have emergency assistance. would seem to me it would make no ing. This amendment would limit They should. And the debate will take sense to allow a Cuban to come here on deeming to only supplemental security place today where we will say, ‘‘Well, a raft, stay offshore and tell somebody income, SSI; aid to families with de- why is it we do these things for illegal from the INS who checks the box and pendent children, AFDC; food stamps; immigrants and we do not do it for says, ‘‘We saw you come,’’ and 1 year and the public housing programs. That legal immigrants?’’ The issue is very later walk up and get a green card. is it. That is all. This is almost un- basic. The illegal immigrant does not That is exactly what is happening changed from current law. It is the cur- have someone sponsoring them to the under current law. You come here, or rent law we are trying to change in United States who has agreed to pay to fly in on a tourist visa, to go to see this bill—and we do, and we did in Ju- their bills, and see to it that they do your cousin, or sister, in Orlando, and diciary Committee. I hope we will con- not became a public charge, period. then simply stay for 1 year and go tinue it here because it already re- That is the way that works. down and get a green card, having vio- quires deeming for SSI and food stamps So it is a very difficult issue because lated our laws to do so, and then are re- and AFDC. it has to do with compassion, caring, warded with a precious green card Senator GRAHAM’s amendment would and all of the things that certainly all which takes a number away from some- exempt Medicaid, would exempt job of us are steeped in. But in this situa- body else who has been waiting for 10 training, would exempt legal services, tion it is very simple. The sponsor has or 15 years. The Cuban Adjustment Act would exempt a tremendously wide agreed to do it, and to say that their should be repealed. range of other noncash welfare pro- income is deemed to be that of the im- It has been repealed on this floor grams from the sponsor-alien deeming migrant. And that is the purpose of three separate times, ladies and gen- provisions in this bill. what the bill is, and this amendment tleman. The Cuban Adjustment Act This amendment effectively under- would effectively in every sense under- was repealed in 1982. It was repealed in mines this entire section of the bill— mine this aspect of the bill. 1986. And it was repealed again I be- the entire section—because here is So I did want to express my thoughts lieve in 1990. That date may be impre- what would happen. Under the Graham on the debate indeed. cise. Each time it had gone to the amendment, newcomers would have ac- Then, finally, the Cuban Adjustment House and then repeal had been re- cess to these various programs, and it Act, as I said last night, is a relic of moved. would not be regarded as part of the the freedom flights of the 1960’s and the So that is the Cuban Adjustment Act. sponsor’s obligation. Newcomers, I freedom flotillas of the late 1970’s. At It is certainly one of the most arcane think most of us would agree, who are those times of crisis Cubans were and surely one of the most remarkable brought here on a promise of their brought to the United States by the vestiges of a time long past; a remnant. sponsors that they will not become a tens and hundreds of thousands. Most Mr. KENNEDY. Will the Senator public charge, should not expect access were given this parole status which is a yield for a question? to our Nation’s generous welfare pro- very indefinite status and requires an Mr. SIMPSON. Yes. I certainly will. grams—cash or noncash—unless the adjustment in order to receive perma- Mr. KENNEDY. If the immigrants sponsor, the individual who promised nent immigrant status in the United come from Cuba under the existing ex- to care for the new arrival, is unable to States. Since we welcomed those Cu- change agreement, are they denied the provide assistance. If the sponsor is un- bans and intended that they remain other kinds of benefits that are avail- able to do that for the various reasons here, the Cuban Adjustment Act—a able to others that come here as immi- that I just noted, then there is no obli- very generous act—provided that after grants, or are they treated the same? gation. The Government does pick up 1 year in the United States all Cubans Mr. SIMPSON. Mr. President, all of the tab. But if that sponsor is still able could claim a green card. That is the those who come under the new proposal to do so, that sponsor will do so be- most precious document that enabled with the 20,000 per year for the 4 years, April 30, 1996 CONGRESSIONAL RECORD — SENATE S4383 or the 5, are exempt from this provi- amendment. If the Graham amendment where it is discovered the little girl has sion. They would continue to come is accepted, then I would ask to vitiate tuberculosis. That child has now ex- under that agreement between the the yeas and nays on it. posed all of her classmates—American President and the Cuban Government. Mr. President, it would be my inten- citizen classmates—to TB, all because They are not part of this. tion to offer an amendment on the the school nurse was not authorized to Mr. KENNEDY. I thank the chair- Medicaid deeming to title II of the bill. treat the child until her Medicaid eligi- man. I will send that to the desk in just a bility was determined. Mr. President, I support the Sen- moment. Or consider a mother who keeps her ator’s opposition, or I support the pro- Let me explain what this amendment child out of the school-based care pro- visions in the legislation that would re- would do. I am deeply concerned that gram because she knows her child will peal it, and oppose the amendment of for the first time in the history of the not qualify for the program. This child the Senator from Florida. program we will begin to sponsor deem- develops an ear infection, and the Mr. President, to move this process ing for Medicaid for legal immigrants. teacher notices a change in his hearing forward we have invited other Members I recognize that this is a high-cost pro- ability. Normally, the teacher would of the Senate to come forward and ad- gram of $2 billion for helping legal im- send the little boy to the school nurse dress the Graham amendments, and we migrants over the next 7 years. But but cannot in this case because he is certainly welcome whatever participa- public health is at stake—not just the not eligible for Medicaid. The un- tion they would want to make. immigrants’ health. The restriction on treated infection causes the child to go I would like to—and I will—introduce Medicaid places our communities at deaf for the rest of his life. other amendments that are related in risk. It will be a serious problem for In addition, the school-based health one form or another to the Graham Americans and immigrants who live in care program also provides for the amendments because I think we will high immigrant areas. If the sponsor’s early detection of childhood diseases or find that there will be a disposition in income is deemed, and the sponsor is problems such as hearing difficulties, favor of it. I hope that the Graham held liable for the cost to Medicaid, scoliosis—and even lice checks. amendments will be accepted. And, if legal immigrants will be turned away Prenatal and postpartum services they are accepted, at least one of mine from the program, or avoided alto- must also be exempt from the Medicaid then will not. I would ask that we not gether. These legal immigrants are not deeming requirements. Legal immi- vote on that because effectively it going to go away. They get sick like grant mothers who deliver in the Unit- would be incorporated in the Graham everyone else, and many will need help. ed States are giving birth to children amendments. But restricting Medicaid means condi- who are American citizens. These chil- There are other provisions that are tions will be untreated and diseases dren deserve the same healthy start in related to the general idea of programs will spread. life as any other American citizen. that would be available to needy people If the Federal Government drops the In addition, providing prenatal care has been proven to prevent poor birth that I would want to have addressed by ball on the Medicaid, our communities outcomes. Problem births, low the Senate. and States and local governments will birthweight babies and other problems So, Mr. President, I will offer—and I have no choice but to pick up Medicare associated with the lack of prenatal have talked to the floor manager on and pick up the cost. this issue, and on the amendment that In addition to veterans, my amend- care can increase the cost of a delivery I had addressed the Senate earlier on, ment exempts children and prenatal up to 70 times the normal costs. In California, the common cost of and that was to eliminate the deeming and postpartum services from the Med- caring for a premature baby in a on those legal for those particular pro- icaid deeming requirements for legal neonatal unit is $75,000 to $100,000. grams that have been included in the immigrants. The bottom line is we are Many things can go wrong during House of Representatives as to be no talking about children, legal immi- pregnancy, and in the delivery room deeming eligibility for. I ask that the grant children who will likely become many more things will go wrong if the current amendments be temporarily future citizens. The early years of a mother has not had adequate prenatal set aside. person’s life are the most vulnerable care. Without it, we allow more Amer- The PRESIDING OFFICER. Without years for health. If the children develop ican citizen children to come into the objection, it is so ordered. complications early in life, complica- world with complications that could Mr. KENNEDY. These amendments tions which could have been prevented have been prevented. have the way to address that rather with access to health care, society will This is not an expensive amendment. fundamental principle which I ad- pay the costs of a lifetime of treatment According to CBO, the cost of care for dressed earlier which requires that when this child becomes a citizen. children and prenatal services is less there be two amendments. Children are not abusing Medicaid. than the cost for elderly persons. I would ask they be incorporated en When immigrant children get sick, What we are talking about, Mr. bloc. This has been cleared with the they infect American citizen children. President, is $125 million, the cost of floor manager. Then when the vote The bill we are discussing today effec- this amendment—$125 million to deal comes, if it does come on those amend- tively means children in school will with the cost to exempt children under ments, that the one vote would incor- not be able to get school-based care 18, services to mothers, expecting porate both those amendments. under the early and periodic screening, mothers, and veterans, from Medicaid Effectively, Mr. President, these two detection and treatment program. This deeming—$125 million out of $2 billion. amendments amend different parts of program provides basic school-based So it is a very reduced program. It is, the bill but they are essentially, as I health care. Under this bill, every time again, for the children, again, for the described earlier, and that is to make a legal immigrant goes to the school mothers, and, again, for veterans who the programs consistent here in the nurse, that nurse will have to deter- have served or who may still be legal Senate bill with what happened in the mine if the child is eligible for Medic- immigrants and have served in the House bill where over there they said aid. The bill turns school nurses into Armed Forces and need some means- that there would be no deeming for the welfare officers. The end result is that tested program. essential kinds of programs that pri- millions of children will not receive The most outstanding one is pre- marily benefit children. The reason for needed treatment and early detection scription drugs. That is really the that is because it is in the public inter- of diseases. number one program, where they be est for our own children that would be Consider the following example. A costed out, and these veterans would adversely impacted, if the legal chil- legal immigrant child goes to her have difficulty in program terms for dren did not have immunizations and school nurse complaining of a bad that kind of attention. other kinds of emergency kinds of serv- cough. The nurse cannot treat the girl Furthermore, the cost of providing a ices, treatments, and screening pro- until it is determined that she is eligi- healthy childhood to both unborn grams. I addressed that earlier. I will ble for Medicaid. Meanwhile, the American citizens and legal immigrant speak to the Senate subsequently. But child’s illness grows worse. The parents children is far less than the cost to so- I ask that that follow the Graham take her to a local emergency room ciety in treating health complications S4384 CONGRESSIONAL RECORD — SENATE April 30, 1996 at delivery and throughout the lives of Mr. President, will the clerk report. VII, and VIII of the Public Health Service the children. The PRESIDING OFFICER. If there Act. Finally, many legal immigrants is no objection, the pending amend- (H) Benefits under means-tested programs serve in our Armed Forces. We men- ment will be— under the Elementary and Secondary Edu- cation Act of 1965. tioned that briefly at other times in Mr. KENNEDY. It is my intention (I) Benefits under the Head Start Act. the debates. Most veterans benefits are that we temporarily set aside the GRA- (J) Prenatal and postpartum services under means tested. If the sponsor deeming HAM amendments, that the two amend- title XIX of the Social Security Act. provisions in the bill are applied to ments incorporated in the earlier pres- veterans benefits, some veterans will entation that said we are in this bill AMENDMENT NO. 3823 find themselves ineligible for VA bene- going to treat those limited emergency (Purpose: To provide exception to the defini- fits because the sponsor makes too programs the way that the House of tion of public charge for legal immigrants much money or they are too poor to Representatives did and saying we are when public health is at stake, for school purchase health insurance. lunches, for child nutrition programs, and not going to have a dual standard for for other purposes) My amendment allows those veterans the illegals and legals—we are going to On page 190, after line 25, insert the follow- to receive the health care they need treat the legals the same as the under Medicaid. ing: illegals—to achieve that there had to This bill will make many immigrant ‘‘(E) EXCEPTION TO DEFINITION OF PUBLIC veterans ineligible for health care as- be two amendments offered to amend CHARGE.—Notwithstanding any program de- sistance under their VA benefits. Cur- two different parts of the bill, but it is scribed in subparagraph (D), for purposes of subparagraph (A), the term ‘public charge’ rently veterans who are unable to de- a rather straightforward provision. Rather than require a vote on each pro- shall not include any alien who receives any fray the costs of medical care can qual- benefits, services, or assistance under a pro- ify for means-tested benefits. There are vision, I had talked to the floor man- ager and we had hoped that we would gram described in section 204(d).’’. several mandatory VA programs which The PRESIDING OFFICER. If there are means tested. These programs pro- vote on those two en bloc. And then the second amendment that is no objection, those amendments are vide vets with free inpatient hospital set aside. care and nursing home care. In addi- I have sent to the desk deals with carv- AMENDMENT NO. 3822 TO AMENDMENT NO. 3743 tion, these programs help veterans pay ing out the areas of Medicaid, for for inhome care and out patient care. If mothers, children, and the veterans. I (Purpose: To exempt children, veterans, and believe that amendment has been sent pregnant mothers from the sponsor deem- these VA programs are deemed, Medic- ing requirements under the medicaid pro- aid coverage may be the only safety to the desk. I would ask that my first amendment be temporarily set aside so gram) net an immigrant veteran can receive. The PRESIDING OFFICER. The Are we going to deny the 25,000 immi- that we would have that amendment before the Senate. clerk will report the third Kennedy grants who are in the Armed Forces amendment. AMENDMENTS NOS. 3820 AND 3823 today—there are 25,000 of them who are The bill clerk read as follows: in the Armed Forces today—who are The PRESIDING OFFICER. If there The Senator from Massachusetts [Mr. KEN- is no objection, the Graham amend- sacrificing? And no one, I do not be- NEDY] proposes an amendment numbered 3822 lieve, was asking them when they ment will be set aside and the two en to amendment No. 3743. joined whether they were being deemed bloc amendments by Senator KENNEDY Mr. KENNEDY. Mr. President, I ask or not being deemed. They were will be considered. unanimous consent that reading of the brought into the Armed Forces and The clerk will report those amend- amendment be dispensed with. served in the military. There are 25,000 ments. The PRESIDING OFFICER. Without of them who have served. All we are The bill clerk read as follows: objection, it is so ordered. talking about are those particular ones The Senator from Massachusetts [Mr. KEN- The amendment is as follows: who are going to have to have some NEDY] proposes en bloc amendments num- On page 201 after line 4, insert the follow- special needs as I mentioned primarily bered 3820 and 3823 to amendment No. 3743. ing: in the area of prescription drugs. They Mr. KENNEDY. Mr. President, I ask (3) CERTAIN SERVICES AND ASSISTANCE.—The have been serving this country and unanimous consent that reading of the requirements of subsection (a) shall not serving it well, many 2 or 3 or 4 years amendment be dispensed with. apply to— and even more. The PRESIDING OFFICER. Without (A) any service or assistance described in So, Mr. President, this amendment objection, it is so ordered. section 201(a)(1)(A)(vii); (B) prenatal and postpartum services pro- effectively says that we will not have The amendments are as follows: deeming when we are talking about vided under a State plan under title XIX of AMENDMENT NO. 3820 children, mothers and veterans—chil- the Social Security Act; (C) services provided under a State plan dren, mothers and veterans. We have (Purpose: To provide exceptions to the spon- sor deeming requirements for legal immi- under such title of such Act to individuals carved that out of the Medicaid provi- grants for programs for which illegal aliens who are less than 18 years of age; or sion. You will not have deeming, one, are eligible, and for other purposes) (D) services provided under a State plan for the public health purposes. I would Beginning on page 200, line 12, strike all under such title of such Act to an alien who like to do it because I think the most that follows through page 201, line 4, and in- is a veteran, as defined in section 101 of title powerful argument is that the children sert the following: 38, United States Code. are not the problem. Again, it is the (2) CERTAIN FEDERAL PROGRAMS.—The re- AMENDMENT NO. 3760 problem of the magnet of jobs in this quirements of subsection (a) shall not apply Mr. GRAHAM addressed the Chair. country and we should not be harsh on to any of the following: The PRESIDING OFFICER. The Sen- these children in particular. (A) Medical assistance provided for emer- ator from Florida [Mr. GRAHAM] is rec- I know there are those who say, well, gency medical services under title XIX of the ognized. the taxpayer has to do it. I am saying Social Security Act. Mr. GRAHAM. I ask unanimous con- that it is a $2 billion tab. We are carv- (B) The provision of short-term, non-cash, in kind emergency relief. sent it be in order for the yeas and ing $125 million out of that and saying, (C) Benefits under the National School nays to be ordered on amendment No. both because the children are not the Lunch Act. 3760. problem and for those who are looking (D) Assistance under the Child Nutrition The PRESIDING OFFICER. Without for bottom lines, it is cheaper to have Act of 1996. objection, it is so ordered. healthier children. These are children (E) Public health assistance for immuniza- Mr. GRAHAM. Mr. President, I ask that are going to be American citizens. tions with respect to immunizable diseases for the yeas and nays on amendment It is worthwhile that they are going to and for testing and treatment of commu- No. 3760. have an early start and we are going to nicable diseases. The PRESIDING OFFICER. Is there a (F) The provision of services directly relat- be sensitive to those who have served ed to assisting the victims of domestic vio- sufficient second? under the colors of the country, the lence of child abuse. There is a sufficient second. veterans who fall on particularly hard (G) Benefits under programs of student as- The yeas and nays were ordered. times to be able to benefit from the sistance under titles IV, V, IX, and X of the Mr. GRAHAM. Mr. President, I had program. Higher Education Act of 1965 and titles III, not intended to speak further, prior to April 30, 1996 CONGRESSIONAL RECORD — SENATE S4385 the time immediately preceding the benefits under any Federal program of to the taxpayers of that community or vote on these two amendments, but I assistance or any program of assist- that State in which the legal alien would like to respond to some of the ance funded in whole or in part by the lives. It is for that reason that, in addi- comments made by the Senator from Federal Government. tion to those groups that I listed, the Wyoming. That is the proposition which is cur- Association of Public Hospitals sup- First, on the Cuban Adjustment Act rently before us. I might say, happily, ports this amendment, the Graham issue, the precise issue is the one that that that represents a restriction, be- amendment, the truth in advertising, the Senator from Wyoming has stated, cause the original version of S. 1664 ap- in deeming, amendment. It is also the and that is, is the Cuban Adjustment plied that same vague language, not case this has received support of the Act an anachronism? Is it a dinosaur just to federally funded programs but major Catholic organizations which, of which served a purpose at a time past to programs by governments at the course, operate substantial health care but is no longer relevant to the future? State and the local level. Now at least facilities in many communities in this The fact is, Mr. President, what is an we are only dealing with federally country. anachronism, what is a dinosaur is the funded programs, in whole or in part. So, it is not correct to say the only Fidel Castro regime in Cuba, a regime But the fundamental principle of our two people who are at the table are the which has held its people in tyranny amendment is let us be specific. Let us sponsor and the Federal Government. for 31⁄2 decades. Until that regime is re- tell the American people, let us tell the The reality is there is a whole array of placed with a democratic government, legal aliens and their families who are American interests at the table. Unfor- the Cuban Adjustment Act continues affected, let us tell those persons who tunately, under the amendment as cur- to play the same positive role as it did are attempting to provide these serv- rently written, they do not know what when it was adopted in 1966. ices in a reasonable way what it is we is being negotiated at the table. They I am also concerned about the state- intend to be covering. Let us list spe- do not know what the agenda is at the ment that there is no longer a need for cifically what those programs are in table. They do not know what their re- the Cuban Adjustment Act. Between the future as we have in the past. The sponsibilities are going to be, beyond 1990 and 1994, prior to the current current U.S. immigration law lists spe- the vague standard that they have to Cuban migration agreement of 1995, cifically those programs for which the deem the income of the sponsor for any there were an average of 20,000 persons sponsor’s income is deemed to be the program of assistance funded in whole a year who were in the country legally, income of the sponsored legal alien. I or in part by the Federal Government. had resided here for a year, and asked think that was a wise policy in the So I do not think that is good gov- for the discretionary act of the Attor- past, and it is a policy which we should ernment. That is not good policy. It is ney General to have their status ad- continue into the future. That is the not a respectful relationship with our justed. Assumedly, there continue to fundamental issue. intergovernmental partners, and it is be thousands of people who arrived That is why the major State-based directly contrary to the spirit of the prior to the migration agreement of organizations, from the Conference of unfunded mandate bill which this Sen- 1995 who are awaiting eligibility to ask State Legislators, the National League ate passed as one of the first acts of the for that discretionary act. So, yes, of Cities, the National Association of 104th Congress. there is a need. Counties—all of those organizations So for that reason, Mr. President, I Second, the proposal which is in S. are supporting this amendment be- urge my colleagues to vote yes on each 1664 would only apply to those persons cause they say we want to know pre- of the two amendments that we will who arrived under the migration agree- cisely what it is we are going to be re- have before us this afternoon: First, ment of 1995 in the status of parolees. sponsible for administering, since it is the Cuban Adjustment Act amendment According to the statistics of the Im- going to be our responsibility to do so. and, second, the truth in advertising in migration and Naturalization Service, That is why those organizations are deeming for legal aliens amendment. since that agreement was in effect, ap- concerned about the massive, unfunded Thank you, Mr. President. proximately half of the Cubans who mandate that is about to fall upon Mr. SIMPSON. Mr. President, I be- have arrived in the United States did them, both for the administrative costs lieve my friend the Senator from Ala- not arrive as parolees. They came as ei- of arriving at these judgments and the bama would like to speak on his own ther refugees or as visa immigrants. cost when services that are no longer hour. I certainly yield for that. Under the reading of S. 1664, those per- going to have a Federal partner will be- The PRESIDING OFFICER. The Sen- sons who came under the migration come the obligation of local govern- ator from Alabama is recognized. agreement of 1995, would not be eligible ment. Mr. HEFLIN. Mr. President, I rise to adjust their status because they did The Senator from Wyoming left the today in support of S. 1664, the Immi- not come in the specific category of a inference that there were two places gration Control and Financial Respon- parolee. through which these services for legal sibility Act, which was reported out of So the anachronism is in Havana, not aliens could be paid. One was by the the Judiciary Committee, after a rath- in the laws of the United States. The Federal Government; second, by the er long and arduous process, by a vote need continues to exist today as it did sponsor. I suggest that there is a third, of 13 to 4. 30 years ago. I urge adoption of the fourth, fifth, sixth, and so forth addi- I especially commend my long-time amendment which has been cospon- tional party who will be picking up friend and colleague, Senator ALAN sored by Senator DOLE, Senator MACK, these costs. Those are the thousands of SIMPSON, who is chairman of the Judi- Senator ABRAHAM, SENATOR BRADLEY, municipalities, the 3,000 counties, and ciary Subcommittee on Immigration Senator HELMS, Senator LIEBERMAN—a the 50 States of the United States that who has guided this legislative effort broad, bipartisan consensus that the will be responsible. which is aimed at reducing illegal im- date for the change of the Cuban Ad- Let me remind my colleagues that, migration in this country. He has the justment Act is the date when democ- by Federal law, we require a hospital patience of Job, and I will miss his racy is restored to Cuba. emergency room to render service to good company when we end our Senate Second, on the amendment relative anyone who arrives and requests that careers, which began together 18 years to truth in advertising and deeming, service, regardless of their ability to ago. Also, I commend Senator KENNEDY the Senator from Wyoming says the pay. So, what currently the law is, is who has worked diligently on this bill, issue is the fact that we are not cover- that if it is a legal alien who is medi- as he does on so many legislative pro- ing, under the amendment which I have cally indigent, that cost will be a posals. offered, a variety of programs for shared cost, with the Federal Govern- I do not believe that there is much which he thinks deeming should apply. ment paying a portion and the States question that we need to reduce the I do not see that as being the issue. paying a portion. With what we are high level of illegal immigration in The issue is, are we going to pass a about to do, we are going to make that this country, which has been an enor- vague law which states that the in- cost an unreimbursed cost to that hos- mous drain on the country’s welfare come of the sponsor shall be deemed to pital. Typically, it will be a public hos- system, its public education system, as be the income of the legal alien for any pital. So it will end up being a charge well as other Government resources. S4386 CONGRESSIONAL RECORD — SENATE April 30, 1996 The committee report shows that the Mr. SIMPSON addressed the Chair. If they cannot provide it themselves, number of illegal aliens apprehended The PRESIDING OFFICER. The Sen- I am right with Senator KENNEDY, then each year since 1990 has been over 1 ator from Wyoming [Mr. SIMPSON] is this Government could do so. But why million. This figure alone justifies the recognized. let the sponsor off the hook? I think steps that need to be taken to reduce Mr. SIMPSON. Mr. President, that is a mistake. illegal immigration. through the years of my work in this Senator KENNEDY’s amendment The provisions in title I of this bill area, no one has been more available to would exempt Medicaid from any wel- will strengthen law enforcement efforts visit with, to commiserate with, to fare restrictions for a substantial num- against illegal immigration. The bill talk with than my old friend from Ala- ber of cases. We again should be very provides for additional law enforce- bama, Senator HOWELL HEFLIN. He has clear what deeming does. It does not ment personnel and detention facili- been a wonderful friend and, more ap- deny medical treatment to any child or ties, authorizes pilot projects to verify propriate, he has listened attentively to any pregnant woman. The stories eligibility for employment and con- to these issues of legal and illegal im- that touch our heart are not affected. tains provisions to reduce document migration and always, indeed, has been You can get that kind of care. You can fraud. supportive when he could and at least I get that kind of emergency care. It Title I contains higher penalties for always understood when he could not. does not deny medical treatment to document fraud as well as alien smug- No one could have assisted me more any child or any pregnant woman with gling, and it also streamlines exclusion through the years than the senior Sen- all of the poignant stories we can tell. and deportation procedures and estab- ator from Alabama. I appreciate that But it does require that the sponsor lishes procedures to expedite the re- very much in many ways. who promised to provide the assistance moval of criminal aliens. Mr. President, how much time do I will fulfill their pledge if—if—they are The provisions in title II relating to have remaining on my own time before capable of doing so. financial responsibility of aliens is seeking time to be yielded from gener- I say that my colleague should know very important. I believe that aliens ous colleagues? that if a sponsor does not have enough should be able to support themselves The PRESIDING OFFICER. The Sen- money to provide medical assistance, and, in fact, the U.S. law requires that ator has 31 minutes. then Medicaid and all other welfare an immigrant may be admitted to the Mr. SIMPSON. Mr. President, let me programs are available, all of them. If United States upon an adequate show- speak then on the Kennedy amend- a sponsor dies, then Medicaid and all of ing that he or she is not likely to be- ments. I have spoken on the Cuban Ad- the public assistance programs are come a public charge. This has been a justment Act, and I have spoken on the available to the newcomer. We are not longstanding policy of our Nation, and Graham amendment. Let me speak going to throw sick children into the the legislation before this body would briefly on the Kennedy amendment, streets or deny xrays or deny care or strengthen that policy. the Kennedy amendment en bloc, the any of that type of activity. We are Title II contains certain provisions two that have been joined and the next only asking sponsors to keep their to reduce aliens being a burden on our one, a singular one, and I address them promises and pay the bill, if they have Nation’s welfare system. It contains a together because they are very similar. the means. provision that an alien is subject to de- Let me say that, indeed, I oppose the I chair the Veterans Affairs’ Commit- portation if she or he becomes a public Kennedy amendment and I go back to tee. I do know how tough it is to dis- charge within 5 years from entry into this singular theme that we must not cuss the word ‘‘veterans.’’ But I am the U.S. deviate from: Before a prospective im- wholly uncertain why the veteran ex- Title II prohibits the receipt of any migrant is approved to come to the emption is included at all, because all Federal, State or local government as- United States, that person must dem- veterans and their families are eligible sistance by an illegal alien, except in onstrate that he or she is not likely at for medical care through our veterans rare circumstances, such as emergency any time to become a public charge. hospitals—all of them. Needy veter- medical care, pregnancy service or as- I know that is repetitive. It was the ans—needy veterans, poor veterans, in- sistance under the National School law in 1882. The individuals meet this competent veterans, whatever, they Lunch or Child Nutrition Act. public charge requirement by a spon- are provided free medical care, free Further, one of the ways an alien can sor’s written agreement, an affidavit of medical care, through the more than prove he or she will not become a pub- support. It is to provide support if the 700 veterans facilities throughout this lic charge is to have a sponsor in the alien ever needs support. If the alien country, under a completely separate U.S. file an affidavit of support which, needs nothing, the sponsor pays noth- program, which is not Medicaid. It is a under current law, requires the sponsor ing. If suddenly the alien says, ‘‘I can’t huge program. The veterans of this to support an alien for 3 years. This make it, I’m going to have to go on country receive $40 billion per year, legislation increases a sponsor’s liabil- welfare, I’m going to have to receive which is not Medicaid, not that health ity to 10 years, which is the same time assistance,’’ the sponsor steps in, not care. They have the DOD, the Depart- it takes any citizen to qualify for So- the USA. We are trying to avoid the ment of Defense, with CHAMPUS and cial Security retirement benefits and step in these various amendments to dependents’ health care of those in the Medicare. This liability against the say the sponsor is not in this game and military. That is another $4 billion we sponsor is reduced if the alien becomes the USA is. We say that if the sponsor do not even count. We wonder what is a citizen before the end of the 10-year is deceased or bankrupt or ill, or what- happening. maximum period. ever it may be, that that person will be It is because we are generous. We These are some of the highlights of taken care of. should be generous. No one—no one— this important legislation. A number of The committee bill requires all wel- disputes that. But if my colleague amendments have been offered to this fare programs to include the sponsor’s wants to provide an exemption for bill, some of which I will support and income when determining whether a these veterans hospitals, I would cer- others that I will oppose. But I will sponsored individual is eligible for as- tainly try to work something out. I keep my eye on the overall objective of sistance. In other words, the U.S. Gov- share that. But let us not, however, ex- the bill, which is to support a national ernment will require the sponsors in empt sponsors of a large number of policy to reduce illegal immigration this bill to keep their promises. Medicaid beneficiaries from any re- and to make it unattractive for illegal CBO has scored this as a significant sponsibility for those they have aliens to come to the United States. private-sector mandate. I think that is pledged to support under the guise of In these days of declining govern- a most appropriate definition because fair treatment for veterans. mental resources, we must provide for it should be a private-sector mandate. There are 26 million of us who are our own citizens first and foremost. Sponsors should not expect free medi- veterans. We spend $40 billion. The This legislation, under the worthy cal care from U.S. taxpayers for their health care portion of that is huge, stewardship of Senator SIMPSON and immigrant relative when they can pro- over half. There are 26 million of us. augmented by Senator KENNEDY, is a vide it themselves. That is what we are We go down in numbers 2 percent per step in the right direction. talking about. year. You could not be more generous April 30, 1996 CONGRESSIONAL RECORD — SENATE S4387 to veterans. This is a hook. This is one We tend to think we have a policy SSI—that is the supplemental security of those hooks we use to do a debate; that we will not provide welfare to income participants—between 1993 and mention the word ‘‘veterans’’ or ‘‘kids’’ legal aliens who come to America be- 1996 is due to immigrants. Now, that is or ‘‘seniors.’’ That is how we got here cause we think they all want to go to an astounding number because if you to a debt of $5 trillion, which is now work, want to take care of themselves, look at the percentage that the immi- $5.4 trillion. If we do all the evil, ugly and we have sort of let the programs grants bear to that population, the el- things that will be done or could be develop without any supervision. So let derly immigrants represent 6 percent done in our discussion, the debt will be me give you a couple of examples. of the elderly SSI population and, $6.4 trillion at the end of 7 years. There are 2.5 million immigrants on today, 3 percent of the population of So my colleagues know that the Fed- Medicaid—2.5 million. There are 1.2 older Americans are legal immigrants, eral Government spends more on Med- million on food stamps—1.2 million. but 30 percent of the SSI beneficiaries icaid than any other welfare program. AFDC, 600,000. are legal immigrants. Use of this program by recent immi- It seems to me that, if we have a pol- Something has gone awry when a grants is very significant. For Medicaid icy that you bring in aliens and some- large portion of this population is im- alone, CBO estimates that the United body is responsible for them, then how migrants. That is what this very sim- States will pay $2 billion over the next did we let this happen? Then, to top it ple chart shows: 2.9 percent of the gen- 7 years to provide assistance to spon- off, let me give you the case with ref- eral population are immigrants and 29 sored aliens. So I hope we might dis- erence to the SSI program and immi- percent of the SSI-aged beneficiaries pose of that amendment. grants. SSI is itself a welfare program. are immigrants—10 times the ratio The Senator from New Mexico is here It is paid for by the general taxpayers that their population bears to the and in a time bind. I yield to Senator of America, not to be confused with a group that would be entitled to SSI. DOMENICI. Social Security program for disability One might say that is such a gigantic The PRESIDING OFFICER. The Sen- that is paid for with Social Security mismatch that it seems like it is al- ator from New Mexico, Senator DOMEN- trust funds and people had to work a most intentionally occurring. Some- ICI, is recognized. certain number of quarters to earn it. body is planning it so that Americans Mr. DOMENICI. Might I ask, are we I want to say since our earliest days, pay for immigrants who come here on time limits? colonial days, excluding likely public Mr. SIMPSON. The Senator’s own with a commitment that somebody else charges has been a feature of our immi- time. will take care of them, but when they The PRESIDING OFFICER. The Sen- gration laws. get old, the Government takes care of ator has 1 hour under rule XXII. Also, once immigrants are here and them. Mr. DOMENICI. I yield myself 7 min- they become a public charge, that im- I believe that there are data—and utes and hope I do not interrupt what migrant could then be deported. Let they are growing—that maybe sponsors all of you have been talking about. me repeat. From our earliest days, bringing their relatives to the United Mr. President, let me just suggest likely public charges excluded from the States do so intending to put them on that if the American people understood welfare system was part of the Amer- SSI. This chart shows that the minute what we have let happen to immigra- ican tradition and law, and once here, the deeming period is over, immigrants tion in the United States with ref- if they became a public charge, they apply for SSI. In fact, let us look at erence to the welfare program, I be- would be deported. this one. Within 5 years of entry into lieve, in spite of their genuine interest Data shows that immigrants, in fact, the United States, over half of those on in immigration and in letting the mix become public charges, and the prob- SSI have applied. It almost seems that continue in America, I believe they lem is growing. In testimony before the they come here, and those who bring would come very close to saying, ‘‘Stop Budget Committee, George Borjas, of them here plan to put them on the pub- it all.’’ I am going to tell you why. Harvard University, presented some lic welfare rolls under SSI at the very First, Senator DOMENICI from New startling data showing the immigrants’ earliest opportunity. Mexico is not against letting people use of welfare benefits, and showing For those of us who promote family from all over the world come to our that it is now higher than that of the unification, which is one reason they country under an orderly immigration general population. Let me repeat. get their elderly parents into America, process. How could I be against that? I This professor showed that immigrants we are beginning to be very suspicious would not be here if we did not have are using our welfare system benefits of whether the promoting of this fam- such a policy at the turn of the cen- in higher percentages than that of the ily unification by many is to bring par- tury. Both of my parents—not grand- general population. ents here so the Government of the parents—came from the country of Let me take one program on and lay United States can take care of them as Italy. it before the Senate and the public immigrants in the United States. That In fact, my mother, unknowingly, re- today—the supplemental security pro- is something that none of us really be- mained an illegal alien well into the gram, SSI. That is the fastest growing lieve should happen. Second World War because the lawyers program in the Federal budget. It is There are over 1 million aliens on had told my father that she was a citi- the fastest growing program in the food stamps; half a million are on zen, and she was not because the law Federal budget. This rapid growth, Mr. AFDC; 21⁄2 million are on Medicaid; and had changed. So I understand all of President, is due largely to elderly untold hundreds are on small means- that. I even witnessed her getting ar- sponsored immigrants coming onto the tested benefit programs. Clearly, there rested by the immigration people after rolls. That means elderly immigrants is a large number of aliens receiving she had been here 38 years with a fam- are being brought to America under a public benefits and, therefore, they are ily and was a stalwart of the commu- law that says Americans who bring now public charges. nity, because technically a lawyer had them will be responsible for them, and I want to suggest that it is amazing. told my father she was a citizen, and they sign agreements saying that is The testimony before our committee she was not. the case. said that even though the INS, Immi- I understand how immigrants add to Now, is it not interesting that if that gration and Naturalization Service, is the energizing of this great Nation. I is what we intend, that something is charged with deporting public charges, understand how they provide through going wrong? The American taxpayers, through the last 10 years only 13 people their gumption and hard work, how who are asking us to take care of were actually deported. Of the millions they provide very positive things for Americans in many areas where we do that came in—and hundreds of thou- America. I am not here talking about not have money, are paying through sands are obviously public charges in changing that or denying that. But I the nose for immigrants who came here dereliction of our Federal law—there want to just start by ticking off a cou- under the pretense that they would be was a response of only 13 deportations. ple of numbers and then telling the taken care of, but now we are taking So my question is, How does this Senate what has happened that I think care of them. happen, and will we let it happen and this bill fixes. And welfare reform, as According to the Congressional Budg- continue to grow? My opinion is that contemplated, completes the job. et Office, 25 percent of the growth in this bill goes a long way in trying to S4388 CONGRESSIONAL RECORD — SENATE April 30, 1996 resolve that issue on the side of Amer- trust with handling our budget activi- There being no objection, the Senate ican taxpayers, who work hard to earn ties. And who does it with greater skill proceeded to consider the joint resolu- their money and then give it to the and dogged determination than this tion. Government and find that, in turn, man? He is citing what has happened to INTERNATIONAL VOLUNTARY FAMILY PLANNING there is such dramatic abuses of our the things that we believe in and that Mr. HATFIELD. Mr. President, this welfare assistance to those in need, we try to support. I know they have resolution makes several adjustments perhaps by aliens who seem almost to been so seriously disrupted and dis- to the Omnibus appropriations bill be brought here in contemplation of torted. They could not have been made which the President has signed. I would taking advantage of all of this. It more clear. I thank the Senator. With like to take this unexpected oppor- seems that simply making the support a few words, and with a graph or two, tunity to express my disappointment, affidavit legally enforceable is a legis- he placed it in better perspective than and some astonishment, at the way the lative wish. I possibly could. The present situation funding issue on international vol- Once again, in testimony in front of is simply unsustainable, and it is going untary family planning found its con- the Budget Committee, where we were to become ever more so. clusion. concerned about the skyrocketing Mr. DOMENICI. I thank the Senator. Though I wrote the language on fam- costs, there was an analogy drawn be- I will add one further comment. I am ily planning that this resolution re- tween a sponsor’s affidavit of enforce- firmly convinced—and I think the Sen- peals, despite what misgivings I and ment and child support enforcement. I ator from Wyoming is—that if the others may have about this action, we only raise that because child support American people understood this prob- made a deal in conference and will enforcement is almost one of these lem they would be on his side on this stick to it. things that bear the wrong name be- bill. I do not believe with the budget Since we are all a little battle-weary cause you cannot enforce it. You do constraints—and having to look at the from consideration of the omnibus bill, not have enough bureaucracy or com- many programs affecting American I will forego a reiteration of the his- puters to enforce it. I think when we citizens and immigrants who become tory of the family planning provision, are finished, we may find ourselves in citizens who are working and moving or a reassertion of what has already the same place again because the en- America ahead—that we have this kind been stated on the merits of the issue. forceability of these affidavits is going of situation involved with reference to A few points that were lost in the din to be such a monster job that I am not in the broadest sense our welfare pro- of debate, however, deserve a brief sure it is going to work. But at least grams. That does not mean in every note. we are on record saying it is to be en- single sense I agree with the Senator’s It is axiomatic that reducing the forced, and we have set the rules in approach in this bill. Maybe lunches number of unintended pregnancies in this bill to make this a better oppor- for school kids may be an exception. It the world will reduce the number of tunity on behalf of our taxpayers. is a bit burdensome. But essentially we abortions. Conversely, where there is A panelist asked, How can we expect have to know what we are giving these no access to family planning, and this to make enforcement of affidavits people, and decide what we can afford. will be the case in more regions of the work? Then they said the 20 years of I think that is to be the prevailing world now, the number of abortions experience in the child support pro- test. And, frankly, we cannot afford a and maternal deaths will quickly rise. gram would indicate it may not work. lot. We just cannot. We cannot take Through the 85-percent cut in AID’s Does the Immigration Service, or any care of American citizens in this coun- voluntary family planning program other entity charged with implement- try. which regrettably is now in the law, we ing this bill, have the resources to ef- I thank the Senator for his com- are going to find this out the hard way. fectively administer the deeming re- ments. Of the many ironies which have dogged quirement and enforce the affidavit? I Mr. SIMPSON. I thank the Senator this matter from the outset, among the am not sure. Perhaps the sponsors can from New Mexico. most painful is that hundreds of thou- address that in due course. I have toyed with the issue of doing sands of women and children are going Do we think that there are other something with regard to legal immi- to die because prolife Members of Con- steps that should be taken, perhaps gration, and that was a rather less ef- gress, many of whom understand basic along the lines of immigrant restric- fective exercise. Somebody else can biology, failed to apply their under- tions that are in the welfare bill—a 5- deal with that one in the years to come standing to this issue. year ban on receipts, all noncitizens in- because this is all a part of that. A related irony is that voluntary eligible for SSI and food stamps? AMENDMENTS TO BE CONSIDERED EN BLOC—NOS. family planning has become hostage to Could these steps be an interim solu- 3855 AND 3857 THROUGH 3862; AND 3853 AND 3854 the politics of abortion. Though AID is tion until we have an effective screen- Mr. SIMPSON. I have two unani- prohibited by law from using any U.S. ing mechanism for public charges, en- mous-consent requests. money for abortion, the fungibility ar- forcement of support orders and deem- I ask unanimous consent that amend- gument, a slim reed at best, is being ing requirements? ments 3855 and 3857 through 3862 be used to deny family planning services Mr. President, I did not come to the considered en bloc, and I also ask unan- to millions of poor couples overseas. floor to criticize the bill because, in imous consent that amendments 3853 While prolife Members continue to en- fact, it makes a dramatic change in the and 3854 be considered en bloc. gage in fungibility discussions, mil- direction of seeing to it that the public The PRESIDING OFFICER. Without lions more abortions will occur. This charge is minimized when indeed it objection, it is so ordered. offends both decency and common should be minimal, not played upon, f sense, but for now it appears that we abused in some instances, and even can do no better. MAKING CORRECTIONS TO PUBLIC planned abuse to see to it that aliens We all care about vulnerable fami- LAW 104–134 come and when they get old enough, lies, particularly women and children. I they go on the public welfare rolls, Mr. SIMPSON. I ask unanimous con- will remind my colleagues, especially even though that was never con- sent that the Senate proceed to the im- those who would fund child survival templated by our laws—either immi- mediate consideration of Calendar item programs but cut family planning, that gration or welfare. No. 387, Senate Joint Resolution 53. UNICEF’s ‘‘State of the World’s Chil- Mr. President, I thank Senator SIMP- The PRESIDING OFFICER. The dren’’ report states that ‘‘Family plan- SON for yielding the floor so I could use clerk will report. ning could bring more benefits to more part of my time. The assistant legislative clerk read people at less cost than any other sin- I yield the floor. as follows: gle ‘technology’ now available to the Mr. SIMPSON. Mr. President, I hope A joint resolution (S.J. Res. 53) making human race.’’ every one of our colleagues have heard corrections to Public Law 104–134. I assure my colleagues that this mat- the remarks of the senior Senator from The PRESIDING OFFICER. Is there ter will not go away. It is my hope that New Mexico. They were powerful, star- objection to the immediate consider- Members on both sides of this issue tling, and here is the man whom we en- ation of the joint resolution? will avoid the temptation to let rigid April 30, 1996 CONGRESSIONAL RECORD — SENATE S4389 ideology stand in the way of compas- eign operations appropriations bill. language offered by the Senate con- sion and common sense in the next The position taken by the conferees on ferees to deal with this issue respon- round of debate, which will surely the continuing resolution does not re- sibly. occur on the fiscal year 1997 foreign op- flect the Senate’s position on this issue In a strange twist of fate, however, erations appropriations bill. and I very much regret that the Senate the conferees left in Senator HAT- Mr. FEINGOLD. Mr. President, I conferees did not uphold the Senate’s FIELD’s language by mistake. The final want to speak briefly on the technical position. I must say I am confounded bill that was passed by the House and correction bill to the continuing reso- why the anti-abortion movement would the Senate would, in other words, re- lution which the Senate is about to try to dismantle the very program that move these intolerable and destructive consider. does more to prevent abortions than limitations on family planning pro- It is my understanding that the legis- any other campaign. grams. lation passed last week inadvertently However, I do not believe that it is Now we are being asked to correct included the text of the Hatfield appropriate to take advantage of a that mistake—in effect, to put back amendment, which provided that the clerical error to regain our position. I into place those very restrictions that harsh restrictions on the operations of hope that in the future similar cour- a majority of us voted against and the international family planning pro- tesy will be extended when the shoe is which we have worked so hard to over- gram could be waived if the President on the other foot—even when the issue turn. I understand that this is merely determined that they would interfere is of great importance to individual the correction of an unintentional mis- with the delivery of such services and Members or is as sensitive as popu- take. However, I would ask: Would the result in a significant increase in abor- lation policy is. other side do the same for us if they tions than would otherwise be the case I also hope that now that the popu- were in our shoes? Would they agree to in the absence of such restrictions. lation program is resolved for this help us eliminate language they That amendment had been adopted by year, that the program—however small strongly supported? And sadly, the one the Senate by a vote of 52 to 43, but the it is—be allowed to go forward. There recent instance I can remember of a conferees nevertheless evidently de- are currently over 50 population pro- case like this in the Foreign Relations cided to abandon the Senate position. gram actions that the administration Committee is that they did not accom- That was a very unfortunate decision, has notified the Congress of, but which modate us. So I think the Senate in my view, that will have an adverse cannot proceed since the chairman of should be reminded of how far out on a impact worldwide on efforts to provide the Senate Foreign Relations Commit- limb we are going. family planning services to individuals tee routinely puts a hold on all popu- I will not object to this unanimous- consent request. However, should the in developing countries. lation programs. Even those of us who situation be reversed, and we err at It is not my intent, nevertheless, to fervently oppose these reductions ac- some time in the future, I hope our col- take advantage of what was a clerical cept we need to live with them; I wish leagues on the other side of the aisle error in the actual text of the continu- that opponents of the program would ing resolution. I recognize that the will extend the same courtesy to us. also try to abide by this compromise, I want to express my strong convic- comity of the Senate requires that and allow what is left of the program tion that international family planning both sides of the aisle work in good to proceed. programs are in America’s best inter- faith in these areas. Mr. KERRY. Mr. President, once est. Funding for these programs is an However, I do want to note for the again I come to the floor about an investment that will save the lives of record, that this courtesy was not ex- issue of vital importance—inter- tended by the Senate Foreign Rela- thousands of women and prevent mil- national family planning funding. lions of unplanned births and abortions tions Committee majority to the mi- In the fiscal year 1996 foreign oper- in the future. These programs will help nority when a somewhat similar draft- ations appropriations bill, a draconian to ensure that newborn babies will be ing error occurred during consideration provision was enacted that is decimat- more healthy and to avert the problem in the Senate Foreign Relations Com- ing our family planning programs of overpopulation. mittee of the international family worldwide. Under that provision, no I joined Senator SIMPSON in rep- planning authorization legislation on new funding can be used for population resenting the United States at the 1994 the foreign aid authorization bill. At assistance until July 1, 1996—a full 9 International Conference on Popu- that time, we were advised that al- months into the current fiscal year. lation and Development in Cairo, though the intent of our amendment Beginning in July, the program will be where the United States played a lead- was clear, a drafting error occurred funded at a level reduced 35 percent ership role in galvanizing the inter- which did not reflect the intent of the from the 1995 funding level, to be allo- national community to action. The Committee in adopting, by a vote of 11 cated on a month-by-month basis for conference called for a global effort to to 5, an amendment relating to the the next 15 months. address overpopulation and to work to- international family planning pro- Mr. President, in dollar figures, the gether to promote maternal and child gram, and that a technical correction effect of this provision is catastrophic. health care, educational opportunities would not be permitted without the en- The net result is to cut funding for for women and girls, and, most impor- tire committee revisiting the issue. My family planning programs from $547 tantly, family planning programs. staff was advised that this comity, million in fiscal year 1995 to $72 million After pledging to provide world leader- which is routinely provided when com- for this fiscal year. This is an 86-per- ship in the area of international family mittee staff are authorized to make cent cut in just 1 year. This is indefen- planning, we cannot abandon our glob- technical and conforming amendments, sible. This is foolish. This is wrong. al partners at this juncture. would not be extended in this case be- Recognizing the damage being done Mr. President, let me take a moment cause the issue involved family plan- by these restrictions, Senator HAT- to address what I believe is clouding ning and abortion which were impor- FIELD sponsored an amendment to the the debate about family planning pro- tant to the chairman. Unfortunately, last continuing resolution [CR] which grams. There are some who want to there were other incidents involving would have allowed funding for these equate family planning with abortion. population issues during the Foreign programs to resume. Senators DOLE Let me make clear: Family planning Relations Committee’s deliberations and MCCONNELL tried to defeat that does not mean abortion. that also damaged the sense of comity amendment but their effort was over- In fact, statistics prove that when that has traditionally characterized whelmingly rebuffed by a bipartisan women have access to voluntary family the Senate. majority in the Senate. Unfortunately, planning programs, the incidence of Mr. President, these issues are very the Hatfield language did not survive abortion decreases. Through education important to me and to many Members in conference. Once again, the Repub- and contraception, family planning of the Senate. Indeed, a majority of the lican majority in the House, which op- programs help women and families liv- Senate repeatedly voted in favor of the poses these family planning programs, ing in impoverished countries to begin international family planning program refused to accept the Hatfield amend- childbearing later in life and to space in a number of votes taken on the for- ment, or in fact any other compromise their children. The issue of helping S4390 CONGRESSIONAL RECORD — SENATE April 30, 1996 families better plan for children is in the heading ‘‘TITLE II—RELATED AGEN- 3854 and ask that they be considered en the interest of all those involved. CIES, DEPARTMENT OF AGRICULTURE’’ bloc. In addition, Federal law prohibits the of the Department of the Interior and Relat- The PRESIDING OFFICER. If there United States from funding abortions ed Agencies Appropriations Act, 1996, as con- is no objection, the pending amend- tained in section 101(c) of Public Law 104–134, abroad. The U.S. Agency for Inter- are repealed. ments are set aside, and without objec- national Development has strictly (c) Section 520 under the heading ‘‘TITLE tion it is so ordered. abided by that law. Those who argue V—GENERAL PROVISIONS’’ of the Depart- The clerk will report. that international family planning pro- ments of Veterans Affairs and Housing and The legislative clerk read as follows: grams fund abortions abroad are sim- Urban Development, and Independent Agen- The Senator from Wyoming (Mr. SIMPSON) ply wrong. cies Appropriations Act, 1996, as contained in proposes amendments numbered 3853 and 3854 section 101(e) of Public Law 104–134, is re- en bloc. Mr. President, by denying people ac- pealed. cess to the family planning programs (d) Strike out section 337 under the head- Mr. SIMPSON. Mr. President, I be- worldwide by slashing their funding, ing ‘‘TITLE III—GENERAL PROVISIONS’’ lieve that those relate to verification. I there will be an estimated 4 million of the Department of the Interior and Relat- am not prepared to bring those up at more unintended pregnancies every ed Agencies Appropriations Act, 1996, as con- this time, and I ask unanimous consent year, close to a million infant deaths, tained in section 101(c) of Public Law 104–134, that that request be withdrawn. tens of thousands of deaths among and insert in lieu thereof: The PRESIDING OFFICER. Without ‘‘SEC. 337. The Secretary of the Interior women and—let me emphasize to my shall promptly convey to the Daughters of objection, it is so ordered. colleagues who oppose permitting the American Colonists, without reimburse- AMENDMENTS NOS. 3855 AND 3857 THROUGH 3862, women to choose abortions in the case ment, all right, title and interest in the EN BLOC of unwanted pregnancies—1.6 million plaque that in 1933 was placed on the Great Mr. SIMPSON. I call up amendments more abortions. Southern Hotel in Saint Louis, Missouri by 3855 and 3857 through 3862, en bloc. These programs provide 17 million the Daughters of the American Colonists to The PRESIDING OFFICER. Without families worldwide the opportunity to mark the site of Fort San Carlos.’’ (e) Section 21104 of Public Law 104–134 is objection, the pending amendments are responsibly plan their families and repealed. set aside, and the clerk will report. space their children. They offer a f The legislative clerk read as follows: greater chance for safe childbirth and The Senator from Wyoming (Mr. SIMPSON) healthy children, and avoid adding to IMMIGRATION CONTROL AND FI- proposes amendments numbered 3855 and 3857 the population problem that hurts all NANCIAL RESPONSIBILITY ACT through 3862, en bloc. of us and hurts the unborn generations OF 1996 Mr. SIMPSON. Mr. President, I ask even more severely. The Senate continued with the con- unanimous consent that reading of the In order to spend the population sideration of the bill. amendments be dispensed with. money the administration will have to Mr. SIMPSON. Mr. President, I ask The PRESIDING OFFICER. Without send the required notifications to the unanimous consent that a vote occur objection, it is so ordered. appropriate congressional committees. on or in relation to the Graham amend- The text of the amendments follow: When that process begins, I hope that ment No. 3760 at 2:15 today, and imme- AMENDMENT NO. 3855 those on the other side of the aisle who diately following that vote there be 2 (Purpose: To amend sec. 118 by phasing-in oppose family planning programs will minutes of debate equally divided in over 6 years the requirements for improved remember that supporters of family the usual form to be followed by a vote driver’s licenses and State-issued I.D. doc- planning programs, on both sides of the on or in relation to the Graham amend- uments) aisle, allowed this technical correction ment No. 3803 with the clarification In sec. 118(b), on page 42 delete lines 18 to be made and that they will not use that there be 2 minutes of debate through 19 and insert the following: the notification process to prevent the equally divided on each of those ‘‘(5) EFFECTIVE DATES.— funds from flowing. amendments, and that the debate begin ‘‘(A) Except as otherwise provided in sub- The Senate has voted time and time at 2:15. paragraphs (B) or (C), this subsection shall The PRESIDING OFFICER. Without take effect on October 1, 2000. again in favor of international family ‘‘(B)(i) With respect to driver’s licenses or planning programs. Soon we will begin objection, it is so ordered. identification documents issued by States consideration of the fiscal year 1997 Mr. SIMPSON. Mr. President, I send that issue such licenses or documents for a budget. Make no mistake about it. an amendment to the desk. period of validity of six years or less, Para- Family planning will be an issue and Mr. President, I will submit the graphs (1) and (3) shall apply beginning on the Senate will continue to fight for its amendment in a moment. As we pre- October 1, 2000, but only to licenses or docu- position on this issue. The time is long pare to do that, let me say that I will ments issued to an individual for the first overdue for the House majority to start proceed to an amendment. Senator time and to replacement or renewal licenses issued according to State law. acting responsibly on an issue that will KENNEDY has certainly accelerated the process. I am very appreciative. He and ‘‘(ii) With respect to driver’s licenses or affect generations to come. identification documents issued in States Mr. SIMPSON. Mr. President, I ask I intend to deal with the hot button that issue such licenses or documents for a unanimous consent that the joint reso- items, and certainly the one with re- period of validity of more than six years, lution be considered read for a third gard to deeming and public assistance Paragraphs (1) and (3) shall apply— time and passed, the motion to recon- and welfare is one of those. Anything ‘‘(I), during the period of October 1, 2000 sider be laid upon the table, and that to do with verification is one of those. through September 30, 2006, only to licenses any statements relating to the resolu- So now I do not think this one will be or documents issued to an individual for the exceedingly controversial because it first time and to replacement or renewal li- tion appear at the appropriate place in censes issued according to State law, and the RECORD. will deal with the issue of the birth certificate, and the birth certificate is ‘‘(II), beginning on October 1, 2006, to all The PRESIDING OFFICER. Without driver’s licenses or identification documents objection, it is so ordered. the most abused document. It is the issued by such States. So the joint resolution was consid- breeder document of most falsification. ‘‘(C) Paragraph (4) shall take effect on Oc- ered, deemed read for a third time, and I have tried to accommodate the inter- tober 1, 2006.’’ passed; as follows: ests of Senator DEWINE. I may not have met that test. But I AMENDMENT NO. 3857 S.J. RES. 53 certainly have tried. I have tried to Amend section 118(a)(3) to read as follows: Resolved by the Senate and House of Rep- meet the recommendations of Senator (B) The conditions described in this sub- resentatives of the United States of America in paragraph include— Congress assembled, That: LEAHY, and certainly we have met the (i) the presence on the original birth cer- (a) In Public Law 104–134, insert after the test of the issue of cost. Because we tificate of a notation that the individual is enacting clause: have it now so provided that I think we deceased, or ‘‘TITLE I—OMNIBUS APPROPRIATIONS’’. have met those conditions. (ii) actual knowledge by the issuing agency (b) The two penultimate undesignated AMENDMENTS NOS. 3853 AND 3854, EN BLOC that the individual is deceased obtained paragraphs under the subheading ‘‘ADMINIS- Mr. SIMPSON. Mr. President, I call through information provided by the Social TRATIVE PROVISIONS, FOREST SERVICE’’ under up amendments at this time 3853 and Security Administration, by an interstate April 30, 1996 CONGRESSIONAL RECORD — SENATE S4391 system of birth-death matching, or other- to provide the grants described in subpara- the new minimum standards for birth wise. graphs (A) and (B). certificate copies—the agency des- (3) GRANTS TO STATES.—(A)(i) The Sec- (4) REPORT.—(A) not later one year after ignated by the President and not nec- retary of Health and Human Services, in con- the date of the enactment of this Act, the essarily the Department of Health and sultation with other agencies designated by Secretary of Health and Human Services the President, shall establish a fund, admin- shall submit a report to the Congress on Human Services. istered through the National Center for ways to reduce the fraudulent obtaining and The second amendment, or the Health Statistics, to provide grants to the the fraudulent use of birth certificates, in- amendments, eliminate the reference States to encourage them to develop the ca- cluding any such use to obtain a social secu- to the phrase ‘‘use by imposters.’’ And pability to match birth and death records, rity account number or a State or Federal the purpose here is to remove any im- within each State and among the States, and document related to identification or immi- plication that fingerprints, or other so- to note the fact of death on the birth certifi- gration. called biometric information will be re- cates of deceased persons. In developing the (B) Not later than one year after the date quired. That came up in the debate in capability described in the preceding sen- of enactment of this Act, the agency des- committee. I have no desire to go to ignated by the President in paragraph (1)(B) tence, States shall focus first on persons who that intrusive level, and it is not there. were born after 1950. shall submit a report setting forth, and ex- (ii) Such grants shall be provided in pro- plaining, the regulations described in such It directs the agency developing the portion to population and in an amount paragraph. new standards for birth certificate cop- needed to provide a substantial incentive for (C) There are authorized to be appropriated ies not to require a single design. That the States to develop such capability. to the Department of Health and Human was part of the debate. Surely we can- Services such amounts as may be necessary not require a single design, and we do AMENDMENT NO. 3858 for the preparation of the report described in not. (Purpose: To amend sec. 118 by providing subparagraph (A). All of the States would not have to that the birth certificate regulations will (5) CERTIFICATE OF BIRTH.—As used in this conform to this, and it directs the go into effect two years after a report to section, the term ‘‘birth certificate’’ means a agency to take into account differences Congress) certificate of birth registered in the United States. between the States and how birth In sec. 118(e), on page 41, strike lines 1 and records are kept and copies are pro- 2, and insert the following:— AMENDMENT NO. 3862 duced. And it directs the agency devel- ‘‘(6) EFFECTIVE DATES.— oping the birth certificate standards to ‘‘(A) Except as otherwise provided in sub- Amend section 118(a)(1) is amended to read paragraph (B) and in paragraph (4), this sub- as follows: first consult with other Federal agen- section shall take effect two years after the (a) BIRTH CERTIFICATE.— cies as well as with the States. enactment of this Act. (1) LIMITATION ON ACCEPTANCE.—(A) No It requires the agency developing the ‘‘(B) Paragraph (1)(A) shall take effect two Federal agency, including but not limited to minimum standards to submit a report years after the submission of the report de- the Social Security Administration and the to Congress on their proposed stand- scribed in paragraph (4)(B).’’ Department of State, and no State agency ards within 1 year of enactment, and that issues driver’s licenses or identification then it also modifies the definition of AMENDMENT NO. 3859 documents, may accept for any official pur- pose a copy of a birth certificate, as defined ‘‘birth certificate’’ to clarify that it in- Section 118(b)(1) is amended to read as fol- in paragraph (5), unless it is issued by a cludes the certificate of a person born lows: State or local authorized custodian of record abroad who is a citizen at birth if the (b) STATE-ISSUED DRIVERS LICENSES.— and it conforms to standards described in birth is registered in a State. (1) SOCIAL SECURITY ACCOUNT NUMBER.— subparagraph (B). It also provides new minimum stand- Each State-issued driver’s license and identi- (B) The standards described in this sub- fication document shall contain a social se- ards for birth certificate copies—cop- paragraph are those set forth in regulations ies—which will be in effect beginning 2 curity account number, except that this promulgated by the Federal agency des- paragraph shall not apply if the document or years after the report to Congress by ignated by the President after consultation the agency developing the standards. license is issued by a State that requires, with such other Federal agencies as the pursuant to a statute, regulation, or admin- President shall designate and with State And it makes a technical amendment istrative policy which was, respectively, en- vital statistics offices, and shall— to part of the driver’s license provision acted, promulgated, or implemented, prior to (i) include but not be limited to— so that it will more accurately reflect the date of enactment of this Act, that— (I) certification by the agency issuing the the agreement between Senator KEN- (A) every applicant for such license or doc- birth certificate, and NEDY and I during the Judiciary Com- ument submit the number, and (II) use of safety paper, the seal of the issu- (B) an agency of such State verify with the mittee markup. ing agency, and other features designed to That is the essence of the material, Social Security Administration that the limit tampering, counterfeiting, and number is valid and is not a number assigned but let me add this. The amendment photocopying, or otherwise duplicating, for would phase in the bill’s requirements for use by persons without authority to work fraudulent purposes; in the United States, but not that the num- (ii) not require a single design to which the for the improved driver’s licenses and ber appear on the card. official birth certificate copies issued by State issued ID documents over 6 years each State must conform; and beginning October 1, 2000, the year sug- AMENDMENT NO. 3860 (iii) accommodate the differences between gested by the National Governors’ As- (Purpose: To amend sec. 118 by revising the the States in the manner and form in which sociation. definition of birth certificate) birth records are stored and in how birth cer- Under my amendment, the improved In sec. 118(a), on page 40, line 24, after tificate copies are produced from such format would be required only for new ‘‘birth’’ insert: records. or renewed licenses or State issued ID ‘‘of— (2) LIMITATION ON ISSUANCE.—(A) If one or more of the conditions described in subpara- documents with the exception of li- ‘‘(A) a person born in the United States, or censes or documents issued in one ‘‘(B) a person born abroad who is a citizen graph (B) is present, no State or local gov- ernment agency may issue an official copy of State where the validity period for li- or national of the United States at birth, censes is twice as long—12 years—as whose birth is’’. a birth certificate pertaining to an individ- ual unless the copy prominently notes that that in States with the next longest pe- such individual is deceased. AMENDMENT NO. 3861 riod. This one State would have 6 years Mr. SIMPSON. Mr. President, these Amend sec. 118(a)(4) to read as follows: to implement the improvements. This (B) The Secretary of Health and Human series of amendments deal with a cer- is an accommodation that Senator Services shall establish a fund, administered tain issue. They are intended to im- KENNEDY is aware of. His State has through the National Center for Health Sta- prove section 118 of the bill which re- some very interesting and sweeping tistics, to provide grants to the States for a lates to the improvements in the birth legislation with regard to licenses. project in each of 5 States to demonstrate certificate and driver’s license. These Furthermore, the bill’s provision the feasibility of a system by which each were contained in a single amendment that only the improved licenses and such State’s office of vital statistics would to this section of the bill, and they documents could be accepted for evi- be provided, within 24 hours, sufficient infor- have been united en bloc. dentiary purposes by Government mation to establish the fact of death of every individual dying in such State. These amendments in their en bloc agencies in this country would under (C) There are authorized to be appropriated form provide for a 6-year phase in of the amendment I am now proposing to the Department of Health and Human the driver’s license improvements. It not be effective until 6 years after the Services such amounts as may be necessary provides that the agency will develop effective date of the legislation. S4392 CONGRESSIONAL RECORD — SENATE April 30, 1996

I wish to give Senator KENNEDY an this estimate, we will be pleased to provide are not serious in trying to deal with appropriate time to respond before the them. illegals unless we get right back to the hour of 12:30 when by previous order we Sincerely, breeder document, which Senator SIMP- JUNE E. O’NEILL, will recess, but what we have tried to SON has done, and also in terms of a Director. do is remind our colleagues once again verification program, which we will that fraud resistant ID documents will Mr. SIMPSON. So with respect to have an opportunity to debate, and not only make it possible for an effec- birth certificates, the bill already re- also in terms of the Border Patrol. tive system of verifying citizenship or quires, the bill we are debating, that as Those are the essential aspects. work authorization but also greatly re- of October 1, 1997 no Federal agency— That is where the target is. Jobs are duce illegal immigration. and no State agency that issues driv- the magnet. This helps provide assur- The amendment is in response to the er’s licenses or ID documents—may ac- ances that illegals are not going to get CBO estimate of the current require- cept for any official purpose a copy of the jobs and legals, legal Americans ment that these documents be imple- a birth certificate unless it is issued by will be protected. This is an extremely mented prior to October 1, 1997. The ad- a State or local government rather important provision. It is a difficult ditional costs of replacing all licenses than a hospital or nongovernmental one and we will have a chance to ad- and ID documents by 1998, including entity, and it conforms to Federal dress some of the related matters later those that would otherwise be valid for standards after consultation with the in the afternoon. an additional number of years, would State vital records officials. The stand- Just very briefly, Mr. President, on be eliminated. So instead of costing $80 ards would affect only the form of cop- some of the matters that were talked to $200 million initially, plus $2 million ies, not the original records kept in the about earlier, I know my good friend a year thereafter, CBO estimates that State agencies. from New Mexico talked about the SSI the total cost of all the birth certifi- The standards would provide for im- issues and also about how legals have cate and driver’s license improvements provements that would make the cop- moved into this process and have been would be $10 million to $20 million in- ies more resistant to counterfeiting drawing down on the program. curred over 6 years, and the CBO has and tampering and duplicating for This issue of deeming has worked ef- written a letter to me confirming that fraudulent purposes. An example is the fectively with the SSI, and Senator fact. I ask unanimous consent it be in- use of safety paper, which is difficult to SIMPSON has addressed that issue as satisfactorily copy or alter. serted in the RECORD at this time. presented in the SSI because it will go There being no objection, the letter There is no requirement in this bill on for some 10 years—10 years. The was ordered to be printed in the that all States issue birth certificate deeming is an effective program, and it copies in the same form, but in re- RECORD, as follows: will go on for a period of 10 years. sponse to concerns that some have ex- U.S. CONGRESS, So the principal concerns that the pressed the amendment I now propose CONGRESSIONAL BUDGET OFFICE, Senator from New Mexico has as has Washington, DC, April 15, 1996. explicitly to require that the imple- been pointed out here will be addressed Hon. ALAN K. SIMPSON, menting regs not mandate that all in the Simpson program. Many of us Chairman, Subcommittee on Immigration, Com- States use the single form for birth are looking at other measures where mittee on the Judiciary, U.S. Senate, Wash- certificate copies and require the regs we think the deeming should not be ap- ington, DC. to accommodate differences among the plicable and that is to try and ensure DEAR MR. CHAIRMAN: As requested by your States in how birth records are kept that legal immigrants are going to be staff, CBO has reviewed a possible amend- and how copies are produced. ment to S. 1664, the Immigration Control and treated identically to illegal immi- Financial Responsibility Act of 1996, which These are the things that this pro- grants for what are basically programs was reported by the Senate Committee on vides. There is more. We will discuss it that will have an impact on the public the Judiciary on April 10, 1996. The amend- in further depth after we return from health. ment would alter the effective date of provi- recess for our caucuses. But these are My good friend from Wyoming says sions in section 118 that would require states modifications suggested by the Gov- we ought to deem those, too. The prin- to make certain changes in how they issue ernors and some of my colleagues, and cipal fact is when you deem those pro- driver’s licenses and identification docu- the real issue is a very simple one. grams, deeming is effective and that ments. The amendment would thereby allow Birth certificates are the breeder docu- gets people out of the programs. We do states to implement those provisions while adhering to their current renewal schedules. ment. You get the birth certificate— not want children with communicable The amendment contains no intergovern- you can get it by reading the obituar- diseases out of the program. We want mental mandates as defined in Public Law ies. Read the obituaries and write for them to be immunized. We want them 104–4 and would impose no direct costs on the birth certificate—no proper certifi- to have the emergency care so that state, local, or tribal governments. In fact, cations. they will not infect other children. by delaying the effective date of the provi- I yield to my colleague for any time There is a higher interest, I would say, sions in section 118, the amendment would he would wish on this or any other in those limited areas. The House of substantially reduce the costs of the man- matter. Representatives has recognized it as we dates in the bill. If the amendment were The PRESIDING OFFICER. The Sen- adopted, CBO estimates that the total costs do. of all intergovernmental mandates in S. 1664 ator from Massachusetts. And then in the second proposal that would no longer exceed the $50 million Mr. KENNEDY. Mr. President, just a I have put forward we recognize the im- threshold established by Public Law 104–4. brief comment on this measure. I think portance of protecting expectant moth- In our April 12, 1996, cost estimate for S. that Senator SIMPSON has made several ers, children and the veterans. Out of 1664 (which we identified at the time as S. valuable changes in the bill on the the $2 billion, it is $125 million. Again 269), CBO estimated that section 118, as re- driver’s licenses and birth certificates. I think for those who have served ported, would cost states between $80 million I strongly support his proposal in this under the colors of the United States, and $200 million in fiscal year 1998 and less area to alleviate the concerns that the than $2 million a year in subsequent years. they ought to have at least some addi- These costs would result primarily from an provisions amounted to an unfunded tional consideration as well as chil- influx of individuals seeking early renewals mandate. He has addressed those is- dren. But we will have an opportunity of their driver’s licenses or identification sues. to address those later on in the after- cards. By allowing states to implement the In addition, Senator SIMPSON has noon. new requirements over an extended period of made important changes in the provi- I see my colleague rising. I ask unan- time, the amendment would likely eliminate sion on the birth certificates. The imous consent to be able to proceed for this influx and significantly reduce costs. If amendment instructs the HHS, when another 15 minutes. the amendment were adopted, CBO estimates issuing the guidelines for birth certifi- Mr. SIMPSON. I think that would be the direct costs to states from the driver’s li- cates, to not require birth certificates cense and identification document provisions all right. would total between $10 million and $20 mil- to be one single form for every State, The PRESIDING OFFICER. Is there lion and would be incurred over six years. and the other measures he has out- objection? Without objection, it is so These costs would be for implementing new lined. ordered. data collection procedures and identification This is a difficult issue for many, but Mr. KENNEDY. Mr. President, there card formats. If you wish further details on it is an absolutely essential one. We were two other items. We have tried to April 30, 1996 CONGRESSIONAL RECORD — SENATE S4393 move this process along. I had hoped tion project conducted under this section be assigned the task of ensuring that that we would be able to go back and substantially meets the criteria in section employers seeking immigrant help do forth, we would have one from one side, 111(c)(1), other than the criteria in subpara- so according to our laws. one from the other, and be able to graphs (D) and (G) of that section, and meets This amendment simply takes the the criteria in such subparagraphs (D) and intersperse my own amendments in (G) to a sufficient degree, the requirements same enforcement authority that is with others. But as often happens for participants in such project shall apply available to the Labor Department in around here, our colleagues are com- during the remaining period of its operation the temporary worker program and mitted to important hearings over the in lieu of the procedures required under sec- makes it available to the permanent course of the morning, so I will just fi- tion 274A(b) of the Immigration and Nation- worker program. It does not create nalize the last two amendments that I ality Act. Section 274B of such Act shall re- anything new. Enforcement activities have. And then we will have an oppor- main fully applicable to the participants in covered under my amendment include tunity to address those in the the project. the investigations of cases where there (B) If the Attorney General makes the de- postlunch period. That will conclude termination referred to in subparagraph (A), is a reasonable cause to believe the em- the debate on that. the Attorney General may require other, or ployer has made a misrepresentation of Mr. President, I ask the current all, employers in the geographical area cov- a material fact on a labor certification amendment be temporarily set aside. I ered by such project to participate in it dur- application. These enforcement activi- will send—— ing the remaining period of its operation. ties are vital to reduce the number of Mr. SIMPSON. Mr. President, may I (C) The Attorney General may not require immigrant and nonimmigrant victims just enter this unanimous-consent re- any employer to participate in such a project of illegal immigration practices. quest, to correct the withdrawal mo- except as provided in subparagraph (B). There is no better example of the ments ago? need for better DOL enforcement than AMENDMENT NO. 3854 AMENDMENTS NOS. 3853 AND 3854, EN BLOC in the recruitment area. For example, (Purpose: To modify bill section 112 (relating Mr. SIMPSON. Let me ask unani- to pilot projects on systems to verify eligi- employers currently are required to re- mous consent the pending amendment bility for employment in the U.S. and to cruit U.S. workers first, bringing in be set aside temporarily, and ask unan- verify immigration status for purposes of permanent immigrants, but the re- imous consent amendments 3853 and eligibility for public assistance or certain cruitment process result is the hire of 3854 be considered en bloc. other government benefits) to define ‘‘re- a U.S. worker only 0.2 of the time. A The PRESIDING OFFICER. Without gional project’’ to mean a project con- recently released report of the Depart- objection, it is so ordered. ducted in an area which includes more ment of Labor’s inspector general The clerk will report. than a single locality but which is smaller shows recruitment in the permanent than an entire State) The legislative clerk read as follows: employment program is a sham. Sec. 112(a) is amended on page 31, after line The Senator from Wyoming [Mr. SIMPSON] Another example, the IG reports that 18, by adding the following new subsection: proposes en bloc amendments numbered 3853 during one 6-month period, 28,000 U.S. ‘‘(i) DEFINITION OF REGIONAL PROJECT.—For and 3854. purposes of this section, the term ‘‘regional applicants were referred on 10,000 job The amendments are as follows: project’’ means a project conducted in a geo- orders and only 5 were hired. AMENDMENT NO. 3853 graphical area which includes more than a I have other amendments to address Amend section 112(a)(1)(A) to read as fol- single locality but which is smaller than an these problems. At the minimum, what lows: entire State.’’. we should do is increase our capacity (A)(i) Subject to clauses (ii) and (iv), the AMENDMENT NO. 3829 to enforce our current law. President, acting through the Attorney Gen- (Purpose: To allocate a number of investiga- That is it basically. It is a pretty eral, shall begin conducting several local or tors to investigate complaints relating to straightforward issue. We discussed regional projects, and a project in the legis- labor certifications) this issue in general terms during the lative branch of the Federal Government, to The PRESIDING OFFICER. The Sen- course of the amendment debate. demonstrate the feasibility of alternative systems for verifying eligibility for employ- ator from Massachusetts. Mr. President, I ask it be in order to ment in the United States, and immigration Mr. KENNEDY. Mr. President, I ask temporarily set aside the existing status in the United States for purposes of the pending amendment be temporarily amendment. eligibility for benefits under public assist- set aside and it be in order to consider The PRESIDING OFFICER. Without ance programs (as defined in section 201(f)(3) my amendment. objection, it is so ordered. and government benefits described in section The PRESIDING OFFICER. Without AMENDMENT NO. 3816 201(f)(4)). objection, it is so ordered. (Purpose: To enable employers to determine (ii) Each project under this section shall be The clerk will report. work eligibility of prospective employees consistent with the objectives of section The legislative clerk read as follows: without fear of being sued) 111(b) and this section and shall be conducted in accordance with an agreement entered The Senator from Massachusetts [Mr. KEN- Mr. KENNEDY. Mr. President, I send into with the State, locality, employer, NEDY] proposes an amendment numbered an amendment to the desk and ask for other entity, or the legislative branch of the 3829. its immediate consideration. Federal Government, as the case may be. Mr. KENNEDY. Mr. President, I ask The PRESIDING OFFICER. The (iii) In determining which State(s), local- unanimous consent that reading of the clerk will report. ities, employers, or other entities shall be amendment be dispensed with. The legislative clerk read as follows: designated for such projects, the Attorney The PRESIDING OFFICER. Without The Senator from Massachusetts [Mr. KEN- General shall take into account the esti- NEDY] proposes an amendment numbered mated number of excludable aliens and de- objection, it is so ordered. 3816. portable aliens in each State or locality. The amendment is as follows: (iv) At a minimum, at least one project of On page 8, line 17, before the period insert The amendment is as follows: the kind described in paragraph (2)(E), at the following: ‘‘except that not more than On page 37 of the matter proposed to be in- least one project of the kind described in 150 of the number of investigators authorized serted, beginning on line 12, strike all paragraph (2)(F), and at least one project of in this subparagraph shall be designated for through line 19, and insert the following: the kind described in paragraph (2)(G), shall the purpose of carrying out the responsibil- (a) IN GENERAL.—Paragraph (6) of section be conducted. ities of the Secretary of Labor to conduct in- 274B(a) (8 U.S.C. 1324b(a)(6)) is amended to Section 112(f) is amended to read as fol- vestigations, pursuant to a complaint or oth- read as follows: lows: erwise, where there is reasonable cause to ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY (f) SYSTEM REQUIREMENTS.— believe that an employer has made a mis- PRACTICES AS EMPLOYMENT PRACTICES.— (1) IN GENERAL.—Demonstration projects representation of a material fact on a labor ‘‘(A) IN GENERAL.—For purposes of para- conducted under this section shall substan- certification application under section graph (1), a person’s or other entity’s re- tially meet the criteria in section 111(c)(1), 212(a)(5) of the Immigration and Nationality quest, in order to satisfy the requirements of except that with respect to the criteria in Act or has failed to comply with the terms section 274A(b), for additional or different subparagraphs (D) and (G) of section and conditions of such an application’’. documents than are required under such sec- 111(c)(1), such projects are required only to tion or refusal to honor documents tendered be likely to substantially meet the criteria, Mr. KENNEDY. Mr. President, under that on their face reasonably appear to be as determined by the Attorney General. my amendment, up to 150 of the 350 De- genuine shall be treated as an unfair immi- (2) SUPERSEDING EFFECT.—(A) If the Attor- partment of Labor wage and hour in- gration-related employment practice relat- ney General determines that any demonstra- vestigators authorized in the bill will ing to the hiring of individuals. A person or S4394 CONGRESSIONAL RECORD — SENATE April 30, 1996 other entity may not request a specific docu- different from others. Many employers sanctions provisions. It also provides ment from among the documents permitted feel they are caught between a rock protections for the applicants. I think by section 274A(b)(1). and a hard place. If they are too vigi- it is a preferable way of dealing with ‘‘(B) REVERIFICATION.—Upon expiration of an employee’s employment authorization, a lant about ensuring they do not hire il- this particular issue. We had discussion person or other entity shall reverify employ- legal aliens, they get charged with dis- on this in the committee and we did ment eligibility by requesting a document crimination. If they are not vigilant not accept these provisions, but it does evidencing employment authorization in enough, they get socked with employer seem to me that they meet the chal- order to satisfy section 274A(b)(1). However, sanctions. lenge of protecting us against discrimi- the person or entity may not request a spe- This amendment eliminates that di- nation and, also, against the employer cific document from among the documents lemma by amending both the employer being subject to employer sanctions. permitted by such section. sanctions and the document abuse pro- Those are the principal items. As I ‘‘(C) ABILITY TO PRESENT PERMITTED DOCU- visions. For the first time, there is now said, we have had a good opportunity. MENT.—Nothing in this paragraph shall be construed to prohibit an individual from pre- explicit language guaranteeing that if The members of the Judiciary Commit- senting any document or combination of doc- the employers follow a few simple tee are familiar with these measures. uments permitted by section 274A(b)(1).’’. rules, they cannot be held liable under We have been on the legislation for a (b) LIMITATIONS ON COMPLAINTS.—Section either the employer sanctions provi- few days. These measures are complex, 274B(d) (8 U.S.C. 1324b(d)) is amended by add- sions or the document abuse provi- they are difficult, but they are enor- ing at the end the following new paragraph: sions. mously important because they reach ‘‘(4) LIMITATIONS ON ABILITY OF OFFICE OF Here are the simple rules: As long as SPECIAL COUNSEL TO FILE COMPLAINTS IN DOC- the issues of discrimination. In the last an applicant produces a document from instance, they reach the whole ques- UMENT ABUSE CASES.— the accepted list of documents—that ‘‘(A) IN GENERAL.—Subject to subsection tion about the assurance that we are (a)(6) (A) and (B), if an employer— will be the reduced list, the six that going to give adequate notice for ‘‘(i) accepts, without specifying, docu- will be as a result of this bill —and the Americans when there are job openings ments that meet the requirements of estab- document appears authentic, the em- so they can be protected, their inter- lishing work authorization, ployer cannot ask for additional docu- ‘‘(ii) maintains a copy of such documents ests can be protected, and we can en- ments to prove employment eligibility. sure that when there are openings for in an official record, and If the employer follows these simple American workers and they are quali- ‘‘(iii) such documents appear to be genuine, rules, my amendment contains explicit fied, that they are going to be able to the Office of Special Counsel shall not bring language ensuring that the employer is an action alleging a violation of this section. gain the employment and there is not off the hook for employer sanctions on The Special Counsel shall not authorize the going to be a circuitous way to effec- discrimination. If the applicant pro- filing of a complaint under this section if the tively undermine the interests of work- vides one of the six documents, and it Service has informed the person or entity ers. is authentic or looks to be authentic that the documents tendered by an individ- What we have found is that, in so ual are not acceptable for purposes of satis- and that person is hired, then effec- many instances, when there is a hiring fying the requirements of section 274A(b). tively this provision will be a good- of a foreign worker the salaries go ‘‘(B) ACCEPTANCE OF DOCUMENT.—Except as faith response to any charge that there down and other benefits go down for provided in subsection (a)(6) (A) and (B), a was any intentional kind of discrimina- person or entity may not be charged with a that worker, so the American worker, violation of subsection (a)(6)(A) as long as tion against that individual. The document abuse provision now first of all, does not get the job. And, the employee has produced, and the person then, if the foreign worker gets paid or entity has accepted, a document or docu- states if the employer follows these rules, the Justice Department ‘‘shall less, which means that an American ments from the accepted list of documents, company on the one hand is competing and the document reasonably appears to be not bring an action alleging a violation genuine on its face.’’. of this section.’’ These are entirely new with this company and the second com- (c) GOOD FAITH DEFENSE.—Section provisions. Everybody agrees there is a pany has an advantage because they 274A(a)(3) (8 U.S.C. 1324a(a)(3)) is amended to serious problem against foreign-look- are paying their foreign workers less, read as follows: ing and foreign-sounding American and therefore they have a competitive ‘‘(3) DEFENSE.—A person or entity that es- citizens and legal immigrants. Every- advantage, the American workers at tablishes that it has complied in good faith the second company lose their jobs, with the requirements of subsection (b) with body agrees also, and studies have con- respect to the hiring, recruiting, or referral firmed, that employer sanctions have too. for employment of an alien in the United been used to discriminate. So we want to try, to the extent we States has established an affirmative defense The most widely utilized procedure is can, to make sure the current law is that the person or entity has not violated when employers see or understand that being enforced. When we come back to paragraph (1)(A) with respect to such hiring, a Puerto Rican is applying and they the issues of legal immigration, we will recruiting, or referral. This section shall ask for the green card. They ask for have an opportunity to address some of apply, and the person or entity shall not be the green card, the Puerto Rican does those items, which I think are very, liable under paragraph (1)(A), if in complying very high priority. with the requirements of subsection (b), the not have a green card because he or she is a U.S. citizen, and, therefore, they Mr. President, I yield the floor. person or entity requires the alien to The PRESIDING OFFICER. The Sen- produce a document or documents accept- discriminate against those individuals. able for purposes of satisfying the require- What this would say is, if the individ- ator from Wyoming. ments of section 274A(b), and the document ual provided any of the six, then that Mr. SIMPSON. Mr. President, I have or documents reasonably appear to be genu- effectively ensures that the employer just 5 minutes remaining. We will, of ine on their face and to relate to the individ- will not be subject to the charge of dis- course, return to these issues. I appre- ual, unless the person or entity, at the time crimination. It basically resolves, I ciate the cooperation of my friend from of hire, possesses knowledge that the individ- think, in a very important way, the Massachusetts. ual is an unauthorized alien (as defined in employer and the applicant’s interest. The first amendment at the desk—I subsection (h)(3)) with respect to such em- It makes no sense to enact a provi- do not recall the number, but the one ployment. The term ‘‘knowledge’’ as used in on enforcement of labor conditions—is the preceding sentence, means actual knowl- sion that everyone knows can lead to edge by a person or entity that an individual possible problems of discrimination. similar to the one my colleague offered is an unauthorized alien, or deliberate or The problems are document fraud and at a subcommittee markup. reckless disregard of facts or circumstances the pressure created by the employers It concerned me then because of the which would lead a person or entity, through by the employer sanction provisions. broad grant of power that it makes to the exercise of reasonable care, to know We already addressed the document the Secretary of Labor to bring em- about a certain condition.’’. fraud problem elsewhere in the bill. We ployers before a tribunal, demand var- Mr. KENNEDY. Mr. President, this are reducing the number of applicable ious kinds of information and assess proposal goes to the heart of the di- documents from 29 to 6, and we are substantial penalties, and I remain lemma that employers feel they are making it harder for criminals to man- very concerned about the same prob- facing in the hiring of employees, ufacture the phony document. lems in this amendment. many of whom speak with a different This amendment eliminates the pres- He has argued that it provides inves- tongue, maybe have a skin color that is sure on employers created by employer tigative authority to the Department April 30, 1996 CONGRESSIONAL RECORD — SENATE S4395 of Labor in H–1B nonimmigrant cases, fair to fine the employers who are try- him to come to the floor and present indicating this simply provides similar ing in good faith to follow the law. that amendment. Maybe Senator SIMON investigative authority to the Depart- Under this amendment, law-abiding on the other side will have an amend- ment of Labor as in labor certification employers would continue to be threat- ment. cases, but in this amendment, the DOL ened with penalties. The amendment f can initiate its own investigations. It says an employer may not ask for dif- REPEAL OF THE GAS TAX is given authority under section 556 of ferent documents, even when the em- title V which it does not have in H–1B ployer has constructive knowledge that Mr. DOLE. Mr. President, let me also cases. There is an array of penalties the applicant’s documents are likely to indicate something that it is not a part and remedies that is greater than that be false; must reverify an employee if of this bill. It is still our intention to in 212. I certainly think it would not be their time-limited work authorization work out some procedure where we can appropriate, and I would speak against expires, and must accept documents take up repeal of the 4.3-cent gas tax. it. provided; and will be fined for em- That is a matter of about $4.8 billion Quickly, with regard to the amend- ployer sanctions or unfair discrimina- per year. It is our intention to repeal it ment dealing with the ‘‘intent stand- tion unless he or she asks for any spe- until the end of the year and work on ard,’’ I oppose that amendment. I have cific documents from the alien. This is a permanent repeal during the budget heard many more horror stories from the same as current law, and I think process. employers who, when trying in abso- this is unacceptable. We believe, with the skyrocketing lute good faith to avoid hiring illegal We will review and discuss it further. prices of gasoline, jet fuel, and other aliens, have for one reason or another I will have further comments. But I be- fuels, that the most certain way to required more documents than the law lieve, under the previous order, that we give consumers relief is to repeal the requires or the wrong documents or fail will now proceed to regular order with gas tax. That was part of the 1993 $265 to honor documents that appear to be the direction of the Chair. billion tax increase President Clinton genuine. f proposed, which did not receive a single Here is a common scenario. We often Republican vote in the House or Sen- hear scenarios of the aggrieved. Here is RECESS ate. A permanent repeal of the gas tax one. The PRESIDING OFFICER. Under is about $30 billion. A worker initially submits an INS the previous order, the Senate now So what we hope to propose, and document showing time-limited work stands in recess until 2:15 p.m. today. hopefully on a bipartisan basis, at the authorization. At a later verification, Thereupon, at 12:44 p.m., the Senate appropriate time, is to go ahead and re- however, the same employee produces recessed until 2:14 p.m.; whereupon, the peal the gas tax for the remainder of documents with no time limitation— Senate reassembled when called to this year and try to get this done be- for example, a Social Security card—to order by the Presiding Officer (Mr. fore the Memorial Day recess and deal show work authorization and a driver’s COATS). with permanent repeal during the license to show identity, both of which f budget process. Of course, we would the employer knows are widely avail- have to find offsets and pay for the re- IMMIGRATION CONTROL AND FI- able in counterfeit form. What is the peal. It seems to me that we should do NANCIAL RESPONSIBILITY ACT employer supposed to do? that as quickly as we can before the Under current law, if the employer OF 1996 summer driving season starts in ear- asks for an INS work authorization, he The Senate continued with the con- nest. or she can be fined, for a first offense, sideration of the bill. Mr. KENNEDY. Mr. President, I up to $2,000 per individual. Yet, if the The PRESIDING OFFICER. The Sen- know the majority leader wants to get employer continues to employ the indi- ator from Texas is recognized. on with the measures. We have been in vidual, he or she will be taking the Mrs. HUTCHISON. Mr. President, on touch with Senator SIMON and others. I chance of unlawfully hiring an illegal behalf of the leader, I ask unanimous understand Senator SIMON is coming to alien. Remember that compliance with consent that the previously scheduled the floor, and others. I will just men- the law requires an employer to act in vote now occur at 2:45 today under the tion that, just as the leader wants to good faith. Would there be good faith earlier conditions, and time between get on to the issues in terms of the gas under such suspicious circumstances? now and then be equally divided. tax, many of us would still like to get Furthermore, in hiring the individ- The PRESIDING OFFICER. Without on with the issues of the minimum ual, the employer would be facing the objection, it is so ordered. wage increase. That, I think, is some- possibility of investing considerable Mrs. HUTCHISON. Thank you, Mr. thing we are all interested in. We are time and resources, including training, President. all interested in different matters, and in an individual whom the INS might I suggest the absence of a quorum. that has been outstanding for some pe- soon force the employer to fire. There The PRESIDING OFFICER. The riod of time. is also the loss of the work opportunity clerk will call the roll. As I have indicated earlier, I hope for the legal U.S. worker, people we The legislative clerk proceeded to that after we finish all of these amend- speak of here. call the roll. ments, while it is open for amendment, In another example, a college re- Mr. DOLE. Mr. President, I ask unan- we would at least have the opportunity cruiter cannot ask a job applicant, ‘‘Do imous consent that the order for the to offer it under the underlying bill. I you have work authorization for the quorum call be rescinded. know that the majority leader has not next year?’’ That is discrimination be- The PRESIDING OFFICER. Without looked kindly on that in the past. But cause it would discriminate against objection, it is so ordered. I wanted to at least make sure that we asylees or refugees with time-limited Mr. DOLE. Mr. President, it had been all understood at least what we were work authorization. A recruiter may our intention to start voting at 2:15, going to attempt to do. only ask, ‘‘Are you permitted to work but at least one of our colleagues— Mr. DOLE. Mr. President, let me in- full-time?’’ maybe more—is involved in heavy, dicate to the Senator from Massachu- Employers cannot even ask an em- heavy traffic and trying to reach the setts that we have discussed not only ployee what his or her immigration Capitol in time for the votes. We have minimum wage, but maybe even cou- status is. An employer may only ask, agreed to set aside those votes. What pling these two items, joining the two, ‘‘Are you any of the following? But we are trying to do now, to accommo- repeal of the gas tax and maybe the don’t tell me which.’’ date our colleagues who cannot reach minimum wage, some increase. We I oppose any kind of employment dis- the Capitol now, is take up a couple of talked about a lot of different options crimination, always have throughout more amendments and have those and we have not reached a decision. I the whole course of years. Employers votes along with the other votes that can assure the Senator that he will be who intentionally discriminate in hir- we have already agreed to. one of the first to know once we have ing or discharging are breaking the I think Senator ABRAHAM on our side reached a resolution. law. Scurrilous. But I do not believe it has an amendment, and we will ask Mr. BREAUX addressed the Chair. S4396 CONGRESSIONAL RECORD — SENATE April 30, 1996 The PRESIDING OFFICER. The Sen- IMMIGRATION CONTROL AND FI- ment so that I may offer a second ator from Louisiana. NANCIAL RESPONSIBILITY ACT amendment. The PRESIDING OFFICER. Is there f OF 1996 The Senate continued with the con- objection? THE GAS TAX sideration of the bill. Without objection, it is so ordered. AMENDMENT NO. 3810 TO AMENDMENT NO. 3743 Mr. BREAUX. Mr. President, I will Mr. SIMON. Mr. President, I ask (Purpose: To exempt from deeming require- make a quick comment regarding the unanimous consent that the present amendment be set aside so that I may ments immigrants who are disabled after comments that the leader made on a entering the United States) repeal of the so-called gas tax of 1993, offer an amendment. The PRESIDING OFFICER. Is there Mr. SIMON. Mr. President, I send an the 4.3 cents. objection? amendment to the desk. Well, I think that if you look back in Without objection, it is so ordered. The PRESIDING OFFICER. The history, when we passed that 4.3 cents, AMENDMENT NO. 3809 TO AMENDMENT NO. 3743 clerk will report. after it was passed, the price of gas at (Purpose: To adjust the definition of public The legislative clerk read as follows: the pump was actually lower than be- charge) The Senator from Illinois [Mr. SIMON] pro- fore we passed the tax. It is something Mr. SIMON. Mr. President, I send an poses an amendment numbered 3810 to called supply and demand, which I had amendment to the desk. amendment No. 3743. thought the folks on this side of the The PRESIDING OFFICER. The Mr. SIMON. Mr. President, I ask aisle were particularly enthusiastic clerk will report. unanimous consent that reading of the about. It is very clear that there are The legislative clerk read as follows: amendment be dispensed with. market forces at work here. Repealing The Senator from Illinois [Mr. SIMON] pro- The PRESIDING OFFICER. Without the Federal 4.3 cent tax on gasoline of poses an amendment numbered 3809 to objection, it is so ordered. 1993 is certainly no guarantee that that amendment No. 3743. The amendment is as follows: is going to mean a 4.3 cent lower price Mr. SIMON. Mr. President, I ask In section 204, at page 201, after line 4, in- at the pump for the citizens of this unanimous consent that reading of the sert the following subparagraph (4): country, unless someone is going to amendment be dispensed with. (4) ALIENS DISABLED AFTER ENTRY.—The re- start mandating to private industry The PRESIDING OFFICER. Without quirements of subsection (a) shall not apply what the price of fuel is going to be objection, it is so ordered. with respect to any alien who has been law- that they sell. The amendment is as follows: fully admitted to the United States for per- manent residence, and who since the date of I point out, if we remember history, In Section 202(a), at page 190, strike line 16 such lawful admission, has become blind or last year at this time, between the and all that follows through line 25 and in- disabled, as those terms are defined in the sert the following: months of April and May, the price of Social Security Act, 42 U.S.C. 1382j(f). gas rose about 6 cents a gallon because ‘‘(v) Any State general cash assistance pro- Mr. SIMON. Mr. President, I see my of greater use and higher crude oil gram. ‘‘(vi) Financial assistance as defined in sec- colleague from California, who has prices in the world. During the middle tion 214(b) of the Housing and Community greater concern in these areas than of the summer and toward the latter Development Act of 1980.’’. any other, for obvious reasons, because summer, gas prices started coming Mr. SIMON. Mr. President, my of the huge impact on California. down because of supply and demand. At amendment conforms the Senate The PRESIDING OFFICER. If the the end of the year, in December, the amendment to a similar provision in Chair could interrupt the Senator for a price of gas in the country averaged the House amendment in terms of moment, the allocated time under the about $1.16 a gallon. All of last year, in being eligible for deportation if you are previous unanimous-consent agreement 1995, the price of gas at the pump for here illegally and you use Federal pro- has expired on the Democrat side of the the whole year averaged the lowest it grams of assistance. aisle. Time could be yielded from the had been since we started recording the Under the Senate bill, an immigrant Republican side of the aisle for the price of gasoline in real terms in this receiving public assistance for 12 Senator from Illinois to continue. country—lower in real terms than it months within his first year in the Mr. SIMON. Mr. President, I confess was per gallon in 1920. United States may be deported as a some lack of understanding of pre- All of that, I suggest, has a great public charge. That would include, for cisely where we are in terms of the par- deal more to do with the price of crude example, higher education assistance. liamentary situation. oil in the world. The fact that we had The Presiding Officer, the Senator The PRESIDING OFFICER. The Sen- about a 6- to 8-percent increase in heat- from Indiana, is on the Labor and ate is operating under a unanimous- ing oil production because of a colder Human Resources Committee. If a consent agreement which provided winter, and also because of the fact legal resident came in and got job time equally between the two sides to that we are now driving faster because training, under this amendment, unless expire at 2:45. The time allocated to of actions of this Congress, when we in- we conform it to the House amend- the Democrat side of the aisle has been creased the miles per hour people could ment, that would make you subject to utilized. drive, the speed limit, up to the higher deportation. If one of your children got Mr. LOTT addressed the Chair. levels that we now see throughout the into Head Start, that would do it. The PRESIDING OFFICER. The Sen- country. My amendment would make this bill ator from Mississippi. So I just say that if anybody can precisely like the House bill and limit Mr. LOTT. I will be happy on behalf guarantee that any time we reduce the the assistance to the basis for deporta- of our side to yield 2 minutes to the gas tax it means a lower price at the tion to AFDC, SSI, and, frankly, SSI is Senator from Illinois if that will be pump, I think we would be willing to the program that is being abused. As to helpful. look at it. I do not think history the other welfare programs, legal im- Mr. SIMON. I thank the Senator proves that. I think we ought to know migrants to our country use these pro- from Mississippi. where we are going before we start off grams less than native-born Ameri- The PRESIDING OFFICER. The Sen- in what I think is a political direction. cans. But my amendment would limit ator from Illinois is recognized for 2 Mr. DOLE. Mr. President, I suggest the AFDC, SSI, food stamps, Medicaid, minutes. the absence of a quorum. housing, and State cash assistance. Mr. SIMON. My second amendment The PRESIDING OFFICER. The I think it makes sense. I cannot simply says—and I will just read it: clerk will call the roll. imagine any reason for opposition. But The requirements of subsection (a)— The legislative clerk proceeded to I see my friend from Wyoming is not on That is deportation.— call the roll. the floor right now. I am not sure what Mr. SIMON. Mr. President, I ask Shall not apply with respect to any alien his disposition may be on this amend- who has been lawfully admitted to the Unit- unanimous consent that the order for ment. But I would be happy to answer ed States for permanent residence and who the quorum call be rescinded. any questions that my colleagues have. since the date of such lawful admission has The PRESIDING OFFICER. Without Mr. President, if no one else seeks become blind or disabled, as those terms are objection, it is so ordered. the floor, I ask to set aside my amend- defined in the Social Security Act. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4397 This amendment, I would add, is sup- Frankly, having people just show up The Senator from Wyoming. ported by State and local governments. and all of a sudden given legal status Mr. SIMPSON. Mr. President, it was I think there is consensus that while automatically by arriving, I think is never referred to as the Cuban Democ- you may want to deport people who are creating incredible pressures there. racy Act. There is no such provision. It taking advantage of welfare generally, And if we are going to do it there, then was passed to allow the adjustment of someone who has become totally dis- I would suggest we go to another place. hundreds of thousands of Cubans flee- abled is in a very different kind of situ- I urge that this amendment be re- ing Castro’s communism. They were ation. jected, come back with an amendment welcomed with open arms. We have This exempts them from deeming, that covers people who come from all done that. They were given parole. not deportation. Communist governments, not just this They needed a means to adjust. Again, our colleague from Wyoming one. If we are truly committed to that, You can come here legally and vio- is not here, so I would ask unanimous then people all over this globe who live late your tourist visa, stay for a year, consent that it also be set aside while under that kind of system ought to be and you get a green card. You can we proceed to vote on the other amend- given the same status. come here on a boat illegally and after ments. The PRESIDING OFFICER. The time 1 year get a green card. We do not do The PRESIDING OFFICER. Is there of the Senator has expired. that with anyone else in the world, and objection? Without objection, it is so Under the previous order, the vote we are trying to discourage irregular ordered. The amendment is set aside. occurs on amendment No. 3760, offered patterns of immigration by Cubans. We The Senator from Massachusetts. by the Senator from Florida [Mr. GRA- expect them to apply at our interest Mr. KENNEDY. Mr. President, are we HAM]. The vote occurs on the condi- section in Havana. under a time limitation now prior to tional repeal of the Cuban Adjustment We do not need it. It is a remnant of 2:45 or can we use our own time? Act, on a democratically elected gov- the past. We have provided for the Cu- The PRESIDING OFFICER. There ernment in Cuba being in power. The bans. Please hear this. We have pro- are 21⁄2 minutes remaining under the yeas and nays have been ordered. vided in this measure for the Cubans previous time agreement controlled by Mr. GRAHAM. Mr. President, under coming under the United States-Cuba the majority. the unanimous consent, was there not Immigration Agreement that was en- Mr. DODD addressed the Chair. an opportunity for a minute to present The PRESIDING OFFICER. The Sen- tered into between President Clinton the amendment prior to the vote? and the Cuban Government. We should ator from Connecticut. The PRESIDING OFFICER. It was repeal it. It discriminates in favor of AMENDMENT NO. 3760 the understanding of the Chair that Cubans to the detriment of all other Mr. DODD. Mr. President, I wonder if that time was subsumed within the ad- nationalities. I might speak in opposition to the Gra- ditional 30 minutes allocated for de- The PRESIDING OFFICER. Under ham amendment for 1 minute while we bate. Without a unanimous-consent re- the previous order, the question is on are waiting. quest and agreement—— The PRESIDING OFFICER. Is there Mr. GRAHAM. I would ask unani- agreeing to the amendment, No. 3760, objection? The Senator is recognized to mous consent for 1 minute on the offered by Senator GRAHAM of Florida. speak for 1 minute. amendment prior to the vote. The yeas and nays have been ordered. Mr. DODD. Mr. President, I thank my Mr. SIMPSON. Mr. President, I think The clerk will call the roll. colleagues. it would be appropriate to each take 1 The legislative clerk called the roll. I just did not realize the language of minute, and I would like to do that. Mr. LOTT. I announce that the Sen- this amendment was coming up. I say The PRESIDING OFFICER. Is there ator from Tennessee [Mr. THOMPSON] is to my colleagues here—and I suspect objection? Without objection, the time necessarily absent. this may carry fairly overwhelmingly— will be equally divided, 1 minute each, The PRESIDING OFFICER (Mr. I hope people understand this applies between the majority and minority. FRIST). Are there any other Senators in to illegal aliens, not legal aliens. So Mr. GRAHAM. Mr. President, I urge the Chamber who desire to vote? you illegally arrive anywhere in the my colleagues to listen to this because The result was announced, yeas 62, United States from Cuba. You are there have been some myths and nays 37, as follows: given a status we do not give anywhere misstatements with regard to the [Rollcall Vote No. 91 Leg.] Cuban Democracy Act. The Cuban De- else in the world. You arrive from the YEAS—62 People’s Republic of China. You do not mocracy Act, which has been the law of Abraham Glenn Mack get this status. You arrive from North this land since November 2, 1966, ex- Baucus Gorton McCain Korea. You do not get this status. You plicitly states that it only applies to Bennett Graham McConnell arrive from Vietnam, still a Com- aliens who have been inspected and ad- Biden Gramm Mikulski mitted or paroled into the United Bond Gregg Murkowski munist country. You do not get this Bradley Hatch Nickles status. States. You do not get the benefit of Breaux Heflin Nunn So here we are taking one fact situa- the Cuban Adjustment Act unless you Bryan Helms Pressler tion, no matter how meritorious people are here under one of those legal status Burns Hollings Pryor Cohen Hutchison Reid may argue, and applying a totally dif- conditions, have been here for a year, Conrad Inhofe Robb ferent standard here for one group of request the Attorney General to exer- Coverdell Kempthorne Rockefeller people and not to others. If you come cise her discretionary authority, and Craig Kerrey Santorum to this country from the People’s Re- she elects to do so. D’Amato Kerry Sarbanes DeWine Kohl Smith public of China, you have lived under That is what the current law is. That Dole Kyl Snowe an oppressive government, and we are is the law which I believe should con- Domenici Lautenberg Specter making a case here that if you come tinue in effect until there is a certifi- Dorgan Leahy Stevens Faircloth Lieberman Thomas out of Cuba, even as an illegal, that cation that a democratic government Ford Lott Warner you get automatic status here. Why do is now in control of Cuba. The law was Frist Lugar we not apply that to billions of other passed for both humanitarian and prag- NAYS—37 people who live under oppressive re- matic reasons, to provide a means of expeditious adjustment of status of the Akaka Exon Moseley-Braun gimes? Ashcroft Feingold Moynihan I would say as well, in 30 additional thousands of persons who are coming Bingaman Feinstein Murray seconds, if I may, Mr. President. from a Communist regime, not halfway Boxer Grams Pell The PRESIDING OFFICER. Is there around the world but 90 miles off of our Brown Grassley Roth Bumpers Harkin Shelby objection? Without objection, it is so shore. The simple reason that was rel- Byrd Hatfield Simon ordered. evant in 1966 is applicable in 1996, and Campbell Inouye Simpson Mr. DODD. Mr. President, I would therefore the law should be retained Chafee Jeffords Thurmond say to my colleagues, the people of until democracy returns to Cuba. Coats Johnston Wellstone Cochran Kassebaum Wyden Florida, too, I might point out, have The PRESIDING OFFICER. The time Daschle Kennedy their economic pressures as well. of the Senator has expired. Dodd Levin S4398 CONGRESSIONAL RECORD — SENATE April 30, 1996 NOT VOTING—1 changed from current law. It would ex- fication to correct a drafting error in Thompson empt Medicaid, job training, legal serv- amendment 3871. That amendment was So the amendment (No. 3760) was ices, a wide range of other multibil- offered and accepted by the Senate this agreed to. lion-dollar noncash welfare programs morning. I ask unanimous consent to Mr. SIMPSON. Mr. President, I move from welfare provisions in the bill. I modify it as indicated in the copy I am to reconsider the vote. oppose the amendment. sending to the desk. I have reviewed Mr. KENNEDY. Mr. President, I The PRESIDING OFFICER. The that with my colleague. move to lay that motion on the table. question is on agreeing to amendment The PRESIDING OFFICER. Is there The motion to lay on the table was No. 3803. The yeas and nays have been objection? The Chair hears none, and it agreed to. ordered. The clerk will call the roll. is so ordered. Mr. SIMPSON addressed the Chair. The bill clerk called the roll. The amendment (No. 3871), as modi- The PRESIDING OFFICER. The Sen- Mr. LOTT. I announce that the Sen- fied, is as follows: ator from Tennessee [Mr. THOMPSON] is ator from Wyoming is recognized. Section 204(a) is amended to read as fol- Mr. SIMPSON. Mr. President, I be- necessarily absent. lows: lieve under the previous order we now The PRESIDING OFFICER. Are there (a) DEEMING REQUIREMENT FOR FEDERAL go to the next amendment with a 1 any other Senators in the Chamber de- AND FEDERALLY FUNDED PROGRAMS.—Subject minute explanation on each side. Is siring to vote? to subsection (d), for purposes of determining that correct? The result was announced—yeas 36, the eligibility of an alien for benefits, and The PRESIDING OFFICER. That is nays 63, as follows: the amount of benefits, under any Federal correct. [Rollcall Vote No. 92 Leg.] program of assistance, or any program of as- Mr. GRAHAM addressed the Chair. YEAS—36 sistance funded in whole or in part by the Federal Government, for which eligibility The PRESIDING OFFICER. The Sen- Akaka Ford Mikulski for benefits is based on need, the income and ator from Florida. Bingaman Glenn Moseley-Braun Boxer Graham Moynihan resources described in subsection (b) shall, AMENDMENT NO. 3803 Breaux Heflin Murray notwithstanding any other provision of law, Mr. GRAHAM. Mr. President, the Bumpers Hollings Pell except as provided in section 204(f), be second amendment relates to the issue Byrd Inouye Pryor deemed to be the income and resources of of deeming, that is, counting the in- Chafee Kennedy Rockefeller such alien. Conrad Kerrey Sarbanes come of the sponsor to that of the Daschle Kerry Simon ORDER OF PROCEDURE alien. Under the current law there are Dodd Lautenberg Specter Mr. SIMPSON. Mr. President, I ask three categories in which this is done: Dorgan Leahy Wellstone unanimous consent that the Senate SSI, food stamps, and aid to families Feinstein Lieberman Wyden proceed to the immediate consider- with dependent children. What is sig- NAYS—63 ation of a resolution I now send to the nificant is that under the current law, Abraham Faircloth Lott desk on behalf of Senator D’AMATO rel- each instance of deeming is specifically Ashcroft Feingold Lugar ative to the extradition of the mur- listed. Under the legislation that is be- Baucus Frist Mack Bennett Gorton McCain derer of Leon Klinghoffer. fore us, there is a vague standard Biden Gramm McConnell Mr. KENNEDY addressed the Chair. which says, ‘‘Any program which is in Bond Grams Murkowski The PRESIDING OFFICER. The Sen- whole or in part funded with Federal Bradley Grassley Nickles ator from Massachusetts. Brown Gregg Nunn Mr. KENNEDY. Mr. President, I do funds shall be deemed.’’ Bryan Harkin Pressler There are literally hundreds, maybe Burns Hatch Reid not want to and will not object, and thousands, of those types of programs. Campbell Hatfield Robb hopefully we will move right to that. I This amendment speaks to the prin- Coats Helms Roth wanted to ask, just for the sake of the ciple, let us continue the policy of spe- Cochran Hutchison Santorum Senate, if we could take a moment on Cohen Inhofe Shelby cifically listing all of those programs Coverdell Jeffords Simpson what the schedule is. that we intend to be deemed. We have Craig Johnston Smith Mr. SIMPSON. Mr. President, I fur- suggested 16 programs to be deemed. It D’Amato Kassebaum Snowe ther ask unanimous consent that there is open for amendment if others wish DeWine Kempthorne Stevens be 10 minutes for debate to be equally Dole Kohl Thomas to offer additional programs to be Domenici Kyl Thurmond divided in the usual form. deemed. But let us not leave this mat- Exon Levin Warner The PRESIDING OFFICER. Without ter open-ended and as obscure as it is NOT VOTING—1 objection, it is so ordered. Mr. SIMPSON. I further ask that the in the legislation that is before us. Thompson Mr. SIMPSON. Mr. President, the vote occur on adoption of the resolu- question here is, who should pay for as- The amendment (No. 3803) was re- tion immediately following the use or sistance to a new immigrant? Should jected. yielding back of time and that no Mr. SIMPSON. Mr. President, I move the sponsor who brought the person in amendments or motions be in order. to reconsider the vote. the United States and made the prom- Mr. KENNEDY. I move to lay that The PRESIDING OFFICER. Without ise, the affidavit of support, or should motion on the table. objection, it is so ordered. the taxpayer? The bill before the Sen- The motion to lay on the table was Mr. SIMPSON. And before that pro- ate requires that all means tested—I agreed to. cedure, let me just review matters. At am talking only about means-tested Mr. SIMPSON. Mr. President, I ask the conclusion of this proceeding, Sen- welfare programs—include the income unanimous consent that in accordance ator KENNEDY will go to the amend- of the sponsor, the person who prom- with the provisions of rule XXII the ments which were discussed this morn- ised their relative would never use pub- following Senators be considered as ing, the deeming-parity amendment, lic assistance, when determining having yielded time under their control which are two en bloc, and the Ken- whether a new arrival is eligible for as- as follows: Senator THURMOND and Sen- nedy Medicaid amendment. There will sistance. ator COHEN yield 60 minutes each to be two rollcall votes obviously. There That is as simple as it can be. The Senator SIMPSON; Senator NICKLES and will be the vote on the Klinghoffer only exceptions are for soup kitchens, Senator COCHRAN yield 60 minutes each matter apparently, and then we will go school lunch and WIC. That is it. This to Senator DOLE; Senator AKAKA and to further debate, if any, on the two truth in application, that is it. The Senator PELL yield 60 minutes each to Kennedy amendments. But those will U.S. Government expects sponsors to Senator KENNEDY; Senator FORD and be coming shortly, I would believe. I keep their promises to care for their Senator ROCKEFELLER yield 60 minutes think that debate is pretty well con- immigrant relatives. each to Senator DASCHLE. cluded. The Graham amendment would gut The PRESIDING OFFICER. The Sen- Then we will go to the debate on the the provisions of this bill, would limit ators have that right. driver’s license issue. This is not about sponsored-alien deeming to only SSI, AMENDMENT NO. 3871, AS MODIFIED verification. This is about driver’s li- AFDC, food stamps, and public housing Mr. SIMPSON. Mr. President, I ask censes. The language of the committee programs, that being almost un- unanimous consent to make a modi- amendment and the amendment at the April 30, 1996 CONGRESSIONAL RECORD — SENATE S4399 desk is much different. In this amend- family, but to every American citizen istrate, was ‘‘multiple, unequivocal, and ment we have relieved the burdens of to say to those cowards, to those mur- overwhelming.’’ His actions in training and some national standard card; we have derers who would target U.S. citizens, financing for this operation, and in choosing relieved the burdens of the unfunded that they cannot escape justice, that the target, as well as planning the escape, in the eyes of the magistrate, made Abbas mandate, and that debate will take they will be tracked down, that we will guilty of the murder. place. I urge all who wish to engage in seek their extradition, that we will Mr. Klinghoffer’s murder cries out for jus- that to be prepared for that scenario. I seek their detention, and their eventu- tice. For far too long, Abbas has cheated jus- yield to my friend and colleague. ally being brought to trial for their tice. Now it is our duty to locate, apprehend, Mr. KENNEDY. Could I ask for the acts, in this case a cowardly act of kill- and return him for trial in this country. yeas and nays on amendments 3820 and ing a man in a wheelchair, a U.S. citi- Again, I urge you in the strongest of terms, 3823. zen. to seek the immediate extradition of Abu The PRESIDING OFFICER. Is there a Let me tell you again what the Ital- Abbas. sufficient second? ian courts found when they tried Abu Sincerely, There appears to be a sufficient sec- ALFONSE M. D’AMATO, Abbas in absentia. They said that the United States Senator. ond. evidence was ‘‘multiple, unequivocal, The yeas and nays were ordered. and overwhelming.’’ Mr. D’AMATO. Mr. President, let me Mr. KENNEDY. Mr. President, what I I sent a letter to the Justice Depart- say I have no need for any further would like to do since, hopefully, those ment. I ask unanimous consent it be time. I am prepared to yield the re- will be the two measures, is maybe just printed in the RECORD. mainder of my time so we can vote. take 2 minutes now and explain them The PRESIDING OFFICER. Without May I inquire of the President wheth- just briefly so that at the end we will objection, it is so ordered. er or not I have to ask for the yeas and vote on the D’Amato resolution and (See exhibit 1.) nays or whether or not that has been then hopefully vote on these two Mr. D’AMATO. I sent a letter to the agreed to already? amendments. Attorney General in which I called out The PRESIDING OFFICER. The yeas Do I need consent to be able to pro- for the murderer of Leon Klinghoffer to and nays have not yet been requested. ceed for 3 minutes? Do I need consent be extradited, Abu Abbas; that Leon Mr. D’AMATO. Mr. President, I ask for that now? Klinghoffer is entitled to justice, as for the yeas and nays. Mr. SIMPSON. Mr. President, just a every American is, and it has been de- The PRESIDING OFFICER. Is there a moment. sufficient second? Mr. KENNEDY. I withdraw my re- nied, and, indeed, the Attorney General There is a sufficient second. quest. has the duty and obligation to see to it that we look to extradite Abu Abbas, The yeas and nays were ordered. f Leon Klinghoffer’s murderer. Mr. D’AMATO. Mr. President, I am DETENTION AND EXTRADITION OF Let me conclude by saying this. This prepared to yield the remainder of my MOHAMMED ABBAS is a very simple and straightforward time. The PRESIDING OFFICER. The case. If we fail to seek justice in this The PRESIDING OFFICER. If all clerk will report the resolution. case, then what kind of message do we time is yielded back, the question is on The legislative clerk read as follows: send to other terrorists who would look agreeing to the resolution. A resolution (S. Res. 253) urging the deten- to target U.S. interests, U.S. citizens? The yeas and nays have been ordered. tion and extradition to the United States by Are we saying you can get away with The clerk will call the roll. the appropriate foreign government of Mr. this and you can simply offer an apol- The assistant legislative clerk called Mohammed Abbas for the murder of Leon ogy 10 years from now and say it was a the roll. Klinghoffer. mistake? Is that what we are going to Mr. LOTT. I announce that the Sen- The Senate proceeded to consider the be saying? ator from Tennessee [Mr. THOMPSON] is resolution. I think it is about time the Justice necessarily absent. Mr. D’AMATO. Mr. President, this Department of the United States began The PRESIDING OFFICER (Mr. JEF- resolution is very straightforward and to live up to its name and seek justice FORDS). Are there any other Senators it is long overdue. It calls on the Attor- in the case of Leon Klinghoffer. in the Chamber who desire to vote? ney General of the United States to EXHIBIT 1 The result was announced—yeas 99, seek the detention and extradition to U.S. SENATE, nays 0, as follows: the United States of Mohammed Abbas, Washington, DC, April 26, 1996. [Rollcall Vote No. 93 Leg.] otherwise known as Abu Abbas. Hon. JANET RENO, Abu Abbas was the leader and is the Attorney General, U.S. Department of Justice, YEAS—99 leader of the Palestinian Liberation Washington, DC. Abraham Feingold Lott Front. In October 1985, under his lead- DEAR MADAM ATTORNEY GENERAL: I am Akaka Feinstein Lugar ership and his plan—and let me tell writing to urge you in the strongest terms to Ashcroft Ford Mack seek the immediate extradition of Abu Baucus Frist McCain you what the Italian courts found. Bennett Glenn McConnell Abbas, the man convicted in an Italian They found that the evidence was Biden Gorton Mikulski court, in 1986, for the murder of Leon ‘‘multiple, unequivocal and overwhelm- Bingaman Graham Moseley-Braun Klinghoffer during the hijacking of the Bond Gramm Moynihan ing’’ that Abbas trained, financed, and Achille Lauro cruise ship in October 1985. It Boxer Grams Murkowski chose the targets, as well as the escape, is absolutely essential that the United Bradley Grassley Murray in seizing the Achille Lauro. It was his States obtain custody of Abbas so that he Breaux Gregg Nickles can stand trial for this brutal murder of a Brown Harkin Nunn men who killed Leon Klinghoffer and Bryan Hatch Pell threw his body overboard on October 7, wheelchair-bound innocent American whose Bumpers Hatfield Pressler 1985. body was callously dumped overboard follow- Burns Heflin Pryor When this question was raised to Mr. ing the murder. Byrd Helms Reid Just this week, Abbas, while attending the Campbell Hollings Robb Abbas just recently, he said that he meeting in Gaza of the Palestine National Chafee Hutchison Rockefeller was sorry. He said it was ‘‘a mistake.’’ Council stated that the killing was ‘‘a mis- Coats Inhofe Roth And then he went on to say that Mr. take’’ and that Mr. Klinghoffer was killed Cochran Inouye Santorum Klinghoffer, an American citizen from Cohen Jeffords Sarbanes because he ‘‘had started to incite the pas- Conrad Johnston Shelby New York, was killed because ‘‘he had sengers against [the kidnappers].’’ This pa- Coverdell Kassebaum Simon started to incite the passengers against thetic excuse only reinforces our need to Craig Kempthorne Simpson [the kidnappers].’’ Imagine that, a 70- gain his extradition. The fact that he re- D’Amato Kennedy Smith year-old man, 70 years old, in a wheel- mains free is an insult to the memory of Daschle Kerrey Snowe Leon Klinghoffer. DeWine Kerry Specter chair, totally unarmed, and that is his Abbas was convicted by a Genoan Court Dodd Kohl Stevens Dole Kyl Thomas excuse. And he says it was ‘‘a mis- and sentenced to life in prison, in absentia, take.’’ Domenici Lautenberg Thurmond for ‘‘kidnapping for terrorist ends that Dorgan Leahy Warner We owe it to every American citizen, caused the killing of a person.’’ The evidence Exon Levin Wellstone not just to Leon Klinghoffer and to his against Abbas, according to the Italian mag- Faircloth Lieberman Wyden S4400 CONGRESSIONAL RECORD — SENATE April 30, 1996 NOT VOTING—1 a very different procedure from what and principles embodied in the Con- Thompson was passed out of the Judiciary Com- stitution shape American institutions, So the resolution (S. Res. 253) was mittee with regard to driver’s licenses, and what are the roles of the citizens agreed to. birth certificates, the breeder docu- in an American democracy?’’ The preamble was agreed to. ment that causes the most concern. Mr. President, these are questions I The resolution, with its preamble, So that is the agenda. Then, of still contemplate and struggle with. reads as follows: course, the time is running, under the There is something exciting about a constraints after cloture. We will sim- room full of high school students ex- S. RES. 253 ply proceed. There are many amend- cited themselves about the Constitu- Whereas, Mohammed Abbas, alias Abu ments and no time for many persons to tion, and excited about the Nation’s Abbas, was convicted by a Genoan Court in June 1986 and sentenced to life in prison, in do anything but speak very briefly. heritage. absentia, for ‘‘kidnaping for terrorist ends Some are listed with no particular Senator PELL and I had the privilege that caused the killing of a person’’ for his topic or subject. Some 20 are by one of being with this group from all over role in the death of an American citizen, Senator. I hope that the breath of re- the country last night. The students Leon Klinghoffer; ality will enter the scene with regard have worked very hard for this honor, Whereas, a report from the Italian mag- to some of those. and there are a number of people who istrate who tried the case against Abbas Mr. HATFIELD addressed the Chair. have helped them make this achieve- stated that the evidence was ‘‘multiple, un- The PRESIDING OFFICER. The Sen- ment a reality. Special recognition equivocal, and overwhelming’’ and that his ator from Oregon is recognized. actions in training and financing for this op- must go to Marilyn Cover, the State eration, and in choosing the target, as well f coordinator, and Dan James, the dis- as in planning the escape, made Abbas guilty THE CONSTITUTIONAL LEGACY OF trict coordinator for the We the People of the murder; LINCOLN HIGH SCHOOL Program. Whereas, a warrant Abbas’ arrest was un- I must also recognize the teachers sealed in October 1985 charging him with hi- Mr. HATFIELD. Mr. President, I and volunteers who gave up their time jacking, and a bounty of $250,000 was offered want to give recognition to a very out- to prepare the students. Dave Bailey for his arrest; standing group of young people from and Gailen Norsworthy are both teach- Whereas, the Justice Department felt that my State of Oregon, who represent the it did not have the evidence to convict him, ers at Lincoln High School and coaches Lincoln High School of Portland, OR. for the constitutional team. Also, Chris and citing the conviction, albeit in absentia Mr. President, as you know, during by the Italian authorities, cancelled the war- Hardman and Chuck Sparks, who are rant for his arrest in January 1988; the bicentennial of the Constitution, attorneys from the local community Whereas, at an April 1996 meeting of the there was a commission formed of who volunteered to prepare the stu- Palestine National Council in Gaza, Abbas which Chief Justice Burger of the Su- dents for the legal rigors of the com- described the killing as ‘‘a mistake’’ and preme Court was chair. I was privileged petition. Also, I must single out the that Mr. Klinghoffer was killed because he to serve on that commission. In part of principal of Lincoln High School, ‘‘had started to incite the passengers against that commission’s proceedings, we de- [the kidnappers]’’; Velma Johnson. She is proud of these cided to develop an ongoing project, students, and she has been extremely Now, Therefore, be it Resolved, That it is bringing a focus to the Constitution of the sense of the Senate that the Attorney supportive of the We the People Pro- General should seek, from the appropriate the United States amongst the high gram. foreign government, the detention and extra- school students of our country. That Mr. President, while it takes a num- dition to the United States of Mohammed started in 1987. ber of outstanding individuals to Abbas (also known as Abu Abbas) for the I want to say that that has been a achieve the winning record of Lincoln murder of Leon Klinghoffer in October 1985 program that I think has certainly High School, one individual stands out during the hijacking of the vessel Achille been worthy of the investment the Fed- as the catalyst and mentor for this Lauro. eral Government has made sustaining stellar group of young scholars—Hal Mr. SIMPSON. Mr. President, I move that program over the years. I suppose Hart. Hal Hart is an attorney by pro- to reconsider the vote. you might call it boasting, but I do not fession. He has a private law practice Mr. KENNEDY. Mr. President, I really think so. I am merely making a in Portland, but he takes time out of move to lay that motion on the table. recognition of an extraordinary accom- his busy practice to teach at Lincoln The motion to lay on the table was plishment. One high school out of the High School. For Hal, this is a labor of agreed to. State of Oregon has not only won the love and an opportunity to give back to f State championship each year of the 9 the community. He teaches the stu- years of this program, it has finished in IMMIGRATION CONTROL AND FI- dents about the intricacies of the Con- the top 10 contestants from high stitution, and based on the school’s NANCIAL RESPONSIBILITY ACT schools from every State in the Union OF 1996 record of success, he is obviously a here in Washington, except for 1 year. master teacher. The Senate continued with the con- It had won the national championship 2 I also want to individually commend sideration of the bill. years, until last night when it won it the students by placing a list of the Mr. SIMPSON. Mr. President, Sen- for the third time—one high school. participants from all over this country ator HATFIELD would like to speak for, I want to say that this is a high in the RECORD. I believe, 7 minutes on his own hour school that is in an urban setting, and I ask unanimous consent that the list with regard to any matter that he it is a high school that draws students be printed at this point in the RECORD. might address. Then we will try to do from many diverse and social economic There being no objection, the list was this procedure. We have two Senator backgrounds. The students who com- ordered to be printed in the Record, as KENNEDY amendments. I do not think pete have varied academic back- follows: there will be any extensive—there will grounds, and the team consists of soph- CLASS ROSTER FOR THE 1995–96 LINCOLN HIGH be debate, 30 minutes, 40 minutes, with omores, juniors, and seniors, and they SCHOOL BICENTENNIAL CLASS ON THE UNITED regard to those amendments. Then work together as a team. STATES’ CONSTITUTION AND BILL OF RIGHTS those two amendments will be consid- The competition these student par- Vasiliki Despina Ariston, age 15; Parents: ered and taken up back to back. ticipated in was rigorous and very Dino and Demetra Ariston. Then we will lay down and proceed to meaningful. Students demonstrated Jereme Rain Axelrod, age 15; Parents: the amendment, which is already in their knowledge of the Constitution be- Marilyn Couch and David Axelrod. the mix, with regard to birth certifi- fore simulated congressional commit- Rebekah Rose Cook, age 16; Parents: Jim cates and driver’s licenses. I cannot de- tees made up of constitutional schol- and Anne Cook. scribe when that might come to a vote, ars, lawyers, journalists, and govern- Tawan Wyndelle Thomas Davis, age 16; Parents: Sylvia Anne Davis. but that will be the matter of business. ment leaders. The panel of judges test- Amanda Hope Emmerson, age 16; Parents: So I urge all who wish to be involved ed the expertise of the classroom teams Ron and Ann Emmerson. in that debate to please review the on a number of significant questions— Tiffany Ann Grosvenor, age 16; Parents: complete changed amendment. That is questions such as, ‘‘How did the values John and Jennifer Grosvenor. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4401 William John Hawkins IV, age 17; Parents: Mr. President, Lincoln High School IMMIGRATION CONTROL AND FI- Bill and Kit Hawkins. has built a dynasty in the We the Peo- NANCIAL RESPONSIBILITY ACT Soren Anders Heitmann, age 17; Parents: ple Program. This is a dynasty of suc- OF 1996 Steve Heitmann and Natasha Kern. Stacy Elizabeth Humes-Schultz, age 15; cess, but, most importantly, a dynasty The Senate continued with the con- Parents: Kathryn Humes and Duane Schulz. of knowledge—knowledge that will en- sideration of the bill. Marissa Tamar Isaak, age 15; Parents: able them to understand our country’s Mr. SIMPSON. Mr. President, let me Rabbi Daniel and Carol Isaak. origins and foundations and knowledge go forward with the debate on the Ken- Heather Brooke Johnson, age 17; Parents: that will help them to be better citi- nedy proposals, so that we might press Tony and K.C. Johnson. Katherine Mace Kasameyer, age 15; Par- zens. forward toward the dual votes within ents: Kace and Jan Kasameyer. Mr. President, I shout from the the shortest possible period of time. I Christopher Michael Knutson, age 18; Par- housetops, congratulations, Lincoln will simply go to the root of the mat- ents: Michael and Carol Knutson. High School. You have made many peo- ter. Jeanne Marie Layman, age 18; Parents: ple, myself included, very, very proud. Mr. President, with regard to the Charles and Debbie Layman. Kennedy amendment, the American Daniel Hart Lerner, age 17; Parents: Cheryl Mr. President, I ask unanimous con- people believe strongly in the principle Tonkin and Glenn Lerner. sent to have a list of all the winners of that immigrants to this country should Casey James McMahon, age 18; Parents: the 1996 competition—the national win- Patty O’Connor and and Jack McMahon. be self-sufficient. We continue to em- ner at the top, Lincoln High School; Lindsay Katrine Nesbit, age 17; Parents: phasize this principle, as I said several second place, Amador Valley High Lee and Deborah Nesbit. times today. It has been part of U.S. Gerald William Palmrose, age 16; Parents: School, Pleasanton, CA; third place, immigration law since the beginning, David and Sonu Palmrose. East High School, Denver, CO; and the and the beginning in this instance is Mary Ruth Pursifull, age 19; Parents: following honorable mentions, regional 1882. Rajiam and Meidana Pursifull. awards, and unit awards—printed in Catherine Clare Rockwood, age 16; Parents: There is a continuing controversy on the RECORD. Theresa Rockwood and David Rockwood. whether immigrants as a whole or ille- Daniel Boss Rubin, age 15; Parents: Susie There being no objection, the list was gal aliens as a whole pay more in taxes Boss. ordered to be printed in the RECORD, as than they receive in welfare, noncash Elizabeth (Liz) Leslie Rutzick, age 16. follows: Mark Richard Samco, age 16; Parents: Rick plus cash support. Or whether that is and Martha Samco. WE THE PEOPLE . . . THE CITIZEN AND THE the case with public education and Kathryn Denelle Stevens, age 15; Parents: CONSTITUTION—LIST OF 1996 WINNERS other Government services, there are Steve and Janet Stevens. National winner: Lincoln High School, experts, if you will, on both sides who Simon Brendan Thomas, age 17; Parents: say that they are a tremendous drain, Susan Rosenthal and Bill Thomas. Portland, OR. Second place: Amador Valley Miles Mark Von Bergen, age 18; Parents: High School, Pleasanton, CA. Third place: and others say they are no drain at all. Paul and Jan Von Bergen. East High School, Denver, CO. I have been, frankly, disenchanted by Lauren Elizabeth Wiener, age 17; Parents: Honorable mention: Other Top Ten Final- both sides in some respects, especially Julie Grandfield and Jon Wiener. ists Team—Alphabetically by State)— on the side that says bring everybody Farleigh Aiken Wolfe, age 17; Parents: Ste- Chamblee High School, Chamblee, GA; Maine in you possibly can because it enriches phen and Jill Wolfe. South High School, Park Ridge, IL; Law- our country regardless of the fact that Mr. HATFIELD. I must also recog- rence Central High School, Indianapolis, IN; some may not have any skills, some nize the program that generates the St. Dominic Regional High School, Lewiston, may not have any jobs, and without ME; East Brunswick High School, East enthusiasm of the Constitution in jobs there is poverty, and with poverty these students, the We the People * ** Brunswick, NJ; Half Hollow Hills High School, Dix Hills, NY; and McAllen Memo- the environment suffers in so many The Citizen and the Constitution fea- rial High School, McAllen, TX. ways. But that is another aspect of the tures an intensive curriculum, which Winners of Regional Awards: Best Non-Fi- debate. provides students with a fundamental nalist Team from each Region—Western I believe that, at least with respect understanding of the Constitution and States: Boulder City High School, Boulder to immigrant households—this is an the Bill of Rights and the principles City, NV; Mountain/Plain States: Lincoln important distinction; that means a and values they embody. The program Southeast High School, Lincoln, NE; Central household consisting of immigrant par- is designed to promote an understand- States: East Kentwood High School, ents, plus their U.S. citizen children ing of the rights and responsibilities of Kentwood, MI; Southeastern States: Hills- who are in this country because of the boro Comprehensive High School, Nashville, citizens of our constitutional democ- immigration of their parents—there is racy, and gathered around this particu- TN; and Northeastern States: Hampton High School, Allison Park, PA. a considerable body of evidence that lar focus have been more than 22 mil- there is a net cost to taxpayers in that lion students in this country who have Winners of Unit Awards: Best Non-Finalist Team for Expertise in each Unit of Competi- situation. George J. Borjas testified participated in the program, at all lev- tion—Unit 1 (Foundations of Democracy): convincingly on this issue at a recent els, during the last 9 years—22 million. Johnston High School, Johnston, IA; Unit 2 Judiciary Committee hearing. Developed and administered by the Los (Creation of the Constitution): Moriarty High Mr. President, an even more relevant Angeles-based Center for Civic Edu- School, Moriarty, NM; Unit 3 (Constitution question, however, may be whether any cation, the program is funded by the Shapes Institutions): Hutchinson High School, particular immigrant is a burden rath- U.S. Department of Education. Hutchinson, MN; Unit 4 (Extension of Bill of er than immigrants as a whole. I re- In discussing the We the People Pro- Rights): Heritage Christian High School, Mil- spectfully remind my colleagues that gram, I want to pay special tribute to waukee, WI; Unit 5 (Protection of Rights): Shades Valley Resource Learning Center, an immigrant may be admitted to the my good friend, Senator CLAIBORNE Birmingham, AL; and Unit 6 (Role of Citizen): United States only if the immigrant PELL of Rhode Island. Senator PELL’s Joplin High School, Joplin, MO. provides adequate assurance to the commitment to education is unparal- consular office, the consular officer, leled in this institution. He is the fa- Mr. PELL. Mr. President, I merely and the immigration inspector that he ther of the We the People Program, and wanted to rise to express my gratitude or she is ‘‘not likely at any time to be- he has been actively involved in its ac- to the Senator from Oregon [Mr. HAT- come a public charge.’’ tivities since its inception. Senator FIELD] for his kind words. Having Similar provisions have been part of PELL has been a mentor to me and to worked with him for thirty years, I our law since the 19th century, and all of us over the years on the issue of have great admiration and respect for part of the law of some of the Thirteen education, as well as other issues. The the gentleman from Oregon. I have Colonies even before independence. In Senate is going to miss his intellect come to know and revere him as a man effect, immigrants make a promise to and pragmatic approach to governing. I of courage, conscience, and conviction. the American people that they will not want to also thank a gifted member of It is an honor to be a recipient of the became a financial burden, period. Senator PELL’s staff, David Evans, for We The People award, it makes it dou- Mr. President, I believe there is a all of his hard work in conjunction bly an honor to share it with my friend compelling Federal interest in enact- with the We the People Program and and colleague. ing new rules on alien welfare eligi- his many years of faithful service. I yield the floor. bility and on the financial liability of S4402 CONGRESSIONAL RECORD — SENATE April 30, 1996 the U.S. sponsors of immigrants in the sponsored alien should be required for prenatal care. This is the same order to increase the likelihood that in nearly all welfare programs—all— amendment which was passed in the aliens will be self-sufficient in accord- and for as long as the sponsor is legally House of Representatives immigration ance with the Nation’s longstanding liable for support, or for 5 years, a pe- bill. policy, and to reduce any additional in- riod in which an alien can be deported Effectively, Mr. President, this centive for illegal immigration pro- as a public charge, whichever is longer. amendment tracks what was accepted vided by the availability of welfare and Remember, we are talking about in the House of Representatives. Why other taxpayer-funded benefits. means-tested programs. We are talking did the House of Representatives ac- S. 1664 provides that if an alien with- about all programs. Yet, amendments cept it? Because they understand, as in 5 years of entry does became a pub- make distinctions, and those things we understand, that when you put in lic charge, which the bill defines as have been addressed as we debated. But effect deeming that cuts down on the someone receiving an aggregate of 12 it is simply not unreasonable of the utilization of the program. That is why months of welfare, he or she is deport- taxpayers of this country to expect re- we have supported and I support the able. It is even more important in this cently arrived immigrants to depend deeming in the SSI. That is the par- era that there be such a law since the on their sponsors for at least the first ticular program where there has been welfare state has changed both the pat- 5 years regardless of the specific terms the greatest utilization. You have the tern of immigration and immigration— in the affidavit of support signed by AFDC and food stamp programs. But both the pattern of immigration and their sponsors. the principal reason for deeming is to immigration—that existed earlier in It was only, I say to my colleagues, reduce the utilization of that program, our history because, before the great on the basis of the assurance of the im- and it is effective. network of social systems, if an immi- migrant and the sponsor that the im- The House of Representatives has grant cannot succeed in the United migrant would not at any time become said, look, there are certain public States he or she often returned ‘‘to the a public charge that the immigrant health programs, for example, that we old country.’’ This happens less often was even allowed to come to our coun- ought to permit the illegals to be able today because of the welfare safety net. try, to come into the United States of to use. Why? Because if they use those Many back through the chain of his- America. It should be made clear to particular programs, this will mean tory in my family returned ‘‘to the old immigrants that the taxpayers of this that it is healthier for Americans. country’’ because they could not make country expect them to be able to They do it not because they want to it here. That is not happening today make it in this country on their own. benefit the illegal children but because because of the support systems within I have heard that continually thread- they want to protect American chil- the United States. ed through the debate—that they come dren. The changes proposed by the bill here, they want to make it on their What do I mean by that? I am talk- clarify when the use of welfare will own. We are a great country for that; ing about immunization programs. I lead a person to deportability. These the most generous on the Earth. They am talking about emergency health changes are likely to lead to less use of do that, and they do it with the help of programs—emergency Medicaid, where welfare by recent immigrants, or more their sponsors. a child goes into the school, then ends deportation of immigrants who do be- Again, remember, if the sponsor is up having a heavy cough, perhaps is de- come a burden upon the taxpayer. One deceased, or bankrupt, or unable to nied any kind of attention in the of the ways immigrants are permitted provide any of the assistance or sup- school health clinic because he is ille- to show that they are not likely to be- port, then, of course, the taxpayers gal, although he should get it, and come a public charge is providing an step in in a very generous way to do eventually goes down as an emergency ‘‘affidavit of support’’ by a sponsor, that. student, stays in the classroom and who is often the U.S. relative petition- Mr. President, that concludes my re- goes down to the local county hospital ing for their entry under an immigrant marks with regard to the amendments, and is admitted for TB, and in the classification for family reunification. unless Senator KENNEDY or others wish meantime, while that child has not had You heard that debate when we spoke to address the issue anew. any kind of attention, has exposed all briefly of numbers and legal immigra- Mr. KENNEDY addressed the Chair. the other American children to the tion. We talked of that. That is what The PRESIDING OFFICER. The sen- possibility of tuberculosis. those classifications, or preferences, ior Senator from Massachusetts is rec- That is true with regard to immuni- for family reunification are. ognized. zation programs. That is basically the Under current law, sponsors agree to Mr. KENNEDY. Thank you very type of issue we are trying to look at. provide support only for 3 years. That much, Mr. President. It also includes the school lunch pro- is current law. Furthermore, the agree- Mr. President, I hope that at some gram, saying that if the children are ment is not legally enforceable, be- time in the not-too-distant future we going to be educated, we do not want cause it has been ripped to shreds by might be able to address the two to ask the teachers to try and separate various court decisions down through amendments, 3820 and 3823, which I out the illegal children in school lunch the years. have offered. These amendments are programs. That would be very com- The bill’s sponsor provisions are quite different in one respect, but they plicated. It would turn our school- based on the view that the sponsor’s are also similar in another respect in teachers into really agents of INS. It promise to provide support, if the spon- terms of reflecting what I consider to would have the teachers going around sored immigrant is in financial need, be the higher priorities of the Amer- and reviewing documents for each and should be legally enforceable and ican people, particularly as focused on every child to try and identify and should be in effect until the sponsor’s children, expectant mothers, and also then take those children out, separate alien (a) has worked for a reasonable all veterans. them out. period in this country paying taxes and Let me describe very briefly, Mr. It seems to me that we ought to un- making a positive economic contribu- President, our first amendment that derstand the broader policy issue. The tion or (b) becomes a citizen, which- we will offer. That is what we call the real problem in dealing with illegal im- ever occurs first. ‘‘deeming party’’ amendments. These migration, as the Hesburgh commis- That is the provision. The bill pro- amendments ensure that legal immi- sion found out 15 years ago and as the vides that the maximum period for the grants are eligible for the same pro- Jordan commission has restated, the sponsor’s liability is 40 ‘‘Social Secu- grams on the same terms as illegal im- jobs are the magnet that brings for- rity quarters’’—about 10 years—the pe- migrants. My amendment says that eigners into our country illegally. Jobs riod it takes any other citizen to qual- legal immigrants cannot be subject to is the magnet. ify for benefits under Social Security the sponsor deeming public charge pro- The real problem is, how are we retirement and certain Medicare pro- visions in this bill for programs which going to deal with that? Senator SIMP- grams. illegals get automatically and for SON has, to his credit, worked out an The bill also provides that deeming other programs such as Head Start and orderly kind of process by which we are of the sponsor’s income and assets to public health, with a minor exception going to reduce the number of breeder April 30, 1996 CONGRESSIONAL RECORD — SENATE S4403 documents and we are going back to Under current law, only legal immi- the future of many young people. Peo- the root causes for those breeder docu- grants are eligible to receive Federal ple who came here legally, whose chil- ments, and then we are going to test financial aid to attend college. How- dren are going to American colleges various kinds of programs in terms of ever, provisions in the bill that stands and universities taking advantage of what can be most effective in verifying before us today would require that for our programs in terms of loans and that it is Americans who are getting Federal programs where eligibility is other programs, we ought to be encour- jobs and not the illegals. based on financial need, the income aging that higher education rather We are going to have votes on those and resources of the sponsor of a legal than discouraging it. The Kennedy particular measures. But I am going to immigrant would be deemed to be the amendments, it seems to me, move in stand with the Senator from Wyoming income of the immigrant. Simply put, the right direction. on those measures because they are a the resources of an immigrant student Finally, to protect pregnant women key element if we are serious about would be artificially inflated, there- and children, I think that is kind of dealing with illegal immigration. Then fore, most legal immigrants would not basic. So I strongly support the Ken- there are provisions dealing with the qualify for Pell grants or student nedy amendments. border and Border Patrol and enhanced loans. Mr. SIMPSON addressed the Chair. procedures. All of those, we believe, I have always sought to expand edu- The PRESIDING OFFICER. The Sen- can be effective in terms of dealing cational opportunities for the students ator from Wyoming is recognized. with the job magnet that draws people of this country. To my mind, any per- Mr. SIMPSON. Mr. President, I have here. son with the desire and talent should about 30 seconds. Let me just say we Our problem is not with the children. be afforded the opportunity for at least have already exempted school lunch Our problem is not with the expectant 2 and possible 4 years of education be- and WIC in the managers’ amendment mothers, the expectant mothers who yond high school. The students that which we passed yesterday. are going to have children born here have legally immigrated to this coun- This amendment combines several and will be Americans. In the current try should not be excluded from the distinct exemptions to the ‘‘deeming’’ bill, we have said that the mother has vast opportunities that a higher edu- requirements in the bill. Everyone to be here for 3 years, so we are not en- cation can provide them. should understand what ‘‘deeming’’ couraging expectant mothers to come Half of the college students in this does. Deeming requires sponsors to over here and take advantage of the country rely on Federal grants or loans keep their promises. program. to help pay for college. Student aid Since 1882, our law has stated that no This particular amendment that I more than pays for itself over time. A one may immigrate to this country if have offered says we will make the college graduate earns almost twice they are ‘‘likely at any time to become Senate bill consistent with what has what a high school graduate earns— a public charge.’’ Many individuals— been passed in the House of Represent- and pays taxes accordingly. Denying a about half of those admitted in 1994— atives on those key elements that pri- postsecondary education to economi- were only permitted to enter after marily affect children, expectant cally disadvantaged legal immigrants someone else promised to support that mothers, and are listed and are struc- is profoundly unfair and economically newcomer. The sponsor guarantees tured in order to protect community shortsighted. Legal immigrants pay that the sponsored immigrant will not health and public health issues. taxes and can serve in the military. require any public assistance. That is basically what we are at- Legal immigrants also contribute sig- Senator KENNEDY’s amendment pro- tempting to do with this. This amend- nificantly to the national economy. vides a number of exceptions to this ment is effectively the identical For these reasons I encourage my col- ‘‘deeming’’ rule for: amendment in the House of Represent- leagues to join me in support of the First, emergency Medicaid; second, atives. We want to make sure that we Kennedy amendment, therefore, elimi- foster care; third, Headstart; and are going to say to legal immigrants— nating the deeming requirements as fourth, Pell grants and other federally these are people, 76 percent of whom they apply to Federal student aid pro- funded assistance for higher education. are relatives of American families. All grams. On the general issue of exemptions have played by the rules. All of them The PRESIDING OFFICER. The Sen- from deeming, I would stress that have waited their turn to get in and be ator from Wyoming is recognized. deeming only prevents a sponsored in- rejoined with their families, all who Mr. SIMPSON. Mr. President, I ask dividual from accessing welfare if the have been qualified and may have fall- unanimous consent that a vote occur sponsor has sufficient resources to dis- en on some hard and difficult times, on or in relation to the Kennedy qualify the applicant. When a sponsor and what we are going to say is in this amendments 3820 and 3823 en bloc at is not able to provide assistance, then very limited area which the Congress the hour of 4:50 this evening, to be fol- the Government will provide it. has made a decision and determination, lowed immediately by a vote on or in I am not certain that there should be we are making these policy determina- relation to the Kennedy amendment any exemptions from deeming. Why tions not to benefit the child but to 3822. should we permit individuals to access benefit Americans. The PRESIDING OFFICER. Without our generous social services, when they Do we understand that? These pro- objection, it is so ordered. have sponsors who have promised to posals have been accepted in the House Mr. SIMON. Reserving the right to provide for them and presumably have of Representatives, and I am urging object, will the Senator make it 4:53, so the wherewithal to provide the needed that they be accepted here because I can get 3 minutes in here? assistance? they protect Americans. They should Mr. SIMPSON. We have people appar- Furthermore, I have concerns about not follow the same deeming require- ently going to the White House. I will exempting Headstart and Pell grants ments as in other aspects of the bill. yield my time to the Senator. Take the from the deeming requirements. These That is effectively what this proposal 2. I was going to conclude. You may programs are not open to every Amer- does and what it would achieve. I think take that, and I will come at my friend ican. Even though we spend more than it is warranted. I think it is justified. with vigor at some later forum. $3 billion on Headstart, the program We have debated it in our Judiciary The PRESIDING OFFICER. The Sen- only serves about 30 percent of poor Committee, and I hope it will be ac- ator from Illinois is recognized. children ages 3–4. I am not certain that cepted. Mr. SIMON. Mr. President, I will try we should continue to permit new- Mr. PELL. Mr. President, I rise today to be more brief than the 3 minutes. I comers access without regard to the in- to speak on behalf of the Kennedy think so much of this makes sense. comes of the sponsors that promised to amendment to S. 1664. I support the People who are here legally should get support them. Kennedy amendment because it would the same services as those who are here The Government has limited money protect the multitudes of students who illegally. for Pell grants as well. At a time that are eligible for Federal student aid What I particularly want to point out college tuition costs are rising, it does under title IV of the Higher Education is the higher education provision really not make sense to provide scarce re- Act. would devastate many campuses and sources to sponsored individuals—who S4404 CONGRESSIONAL RECORD — SENATE April 30, 1996 have sponsors that promised to provide Mr. KENNEDY addressed the Chair. Mr. SIMPSON. Mr. President, I ask support—when many citizens are hav- The PRESIDING OFFICER. The Sen- for the yeas and nays on the amend- ing difficulty affording the high costs ator from Massachusetts. ment. of college. We have already provided Mr. KENNEDY. Mr. President, we are The PRESIDING OFFICER. Is there a exemptions for those students who are quite prepared to go to a vote on this. sufficient second? in school—they will have no deeming We addressed the Senate and had a There is a sufficient second. applied to their financial aid. Are we short debate and discussion earlier The yeas and nays are ordered, and going to educate those who come from today. Effectively, what this is doing is the clerk will call the roll. around the world—promising never to you have deeming for all of the Medic- The assistant legislative clerk called use public assistance as a condition of aid programs. What we are doing is the roll. carving out three narrow areas: chil- coming here—before we provide enough Mr. LOTT. I announce that the Sen- dren, expectant mothers, and veterans. funds to educate all the people who are ator from Tennessee [Mr. THOMPSON] is There is $2 billion for all of the Medic- here right now and who are having necessarily absent. trouble with college expenses right aid programs. This is $125 million in terms of cost. The PRESIDING OFFICER. Are there now? It seems most puzzling. any other Senators in the Chamber de- I thank the Chair. For the same reasons we have out- lined here, we think that the expectant siring to vote? VOTE ON AMENDMENT NOS. 3820 AND 3823, EN mothers ought to get the treatment be- The result was announced—yeas 47, BLOC nays 52, as follows: The PRESIDING OFFICER. The cause they are going to have a child question is on agreeing to amendments that will probably be an American citi- [Rollcall Vote No. 95 Leg.] Nos. 3820 and 3823, en bloc. The yeas zen. We think veterans—you have YEAS—47 and nays are ordered. 24,000 veterans that will be under a Akaka Glenn Lieberman The clerk will call the roll. means-tested program. The reality is Biden Graham Mikulski those veterans, particularly with re- Boxer Harkin Moseley-Braun The bill clerk called the roll. Bradley Hatfield Moynihan Mr. LOTT. I announce that the Sen- gard to prescription drugs, ought to be Breaux Heflin Murray ator from Tennessee [Mr. THOMPSON] is attended to. Obviously, the emergency Bryan Hollings Pell necessarily absent. kinds of assistance under Medicaid Bumpers Inouye Pryor they should be eligible for. Byrd Jeffords Reid The PRESIDING OFFICER (Mr. Chafee Johnston Robb SANTORUM). Are there any other Sen- A very narrow carveout. It costs $125 Conrad Kennedy Rockefeller ators in the Chamber who desire to million over the next 5 years as com- Daschle Kerrey Sarbanes vote? pared to $2 billion. That is effectively Dodd Kerry Simon The result was announced—yeas 46, what the carveout is. Dorgan Kohl Specter Mr. SIMPSON. Mr. President, if Sen- Feingold Lautenberg Wellstone nays 53, as follows: Feinstein Leahy Wyden [Rollcall Vote No. 94 Leg.] ator KENNEDY had an opportunity to Ford Levin address that issue, obviously, I should YEAS—46 have the same opportunity. I think all NAYS—52 Akaka Glenn Moseley-Braun would concur. So I want to have ap- Abraham Exon McCain Bingaman Graham Moynihan Ashcroft Faircloth McConnell 1 Boxer Harkin Murray proximately 1 ⁄2 minutes, whatever Baucus Frist Murkowski Bradley Hatfield Pell that was. Bennett Gorton Nickles Breaux Hollings Pryor First, let me say the veterans are Bingaman Gramm Nunn Bumpers Inouye Reid well taken care of in this country. Bond Grams Pressler Byrd Jeffords Robb Brown Grassley Roth Chafee Johnston Rockefeller That one just will not even float. We Burns Gregg Santorum Conrad Kennedy Sarbanes spend $40 billion for veterans. They Campbell Hatch Shelby Daschle Kerrey Simon have their own health care system. Coats Helms Simpson Dodd Kerry Snowe This is another hook. I yield to Sen- Cochran Hutchison Smith Dorgan Kohl Specter Cohen Inhofe Snowe Exon Lautenberg Wellstone ator SANTORUM. Coverdell Kassebaum Stevens Feingold Leahy Wyden Mr. SANTORUM. Thank you, I say to Craig Kempthorne Thomas Feinstein Mack the Senator. D’Amato Kyl Thurmond Ford Mikulski I just remind Senators that 87 Mem- DeWine Lott Warner NAYS—53 Dole Lugar bers of this Chamber voted for a wel- Domenici Mack Abraham Domenici Lott fare reform bill that passed the U.S. Ashcroft Faircloth Lugar Senate that said all legal-sponsored NOT VOTING—1 Baucus Frist McCain Thompson Bennett Gorton McConnell immigrants receive no deeming. We Biden Gramm Murkowski eliminate deeming. Under the welfare So the amendment (No. 3822) was re- Bond Grams Nickles bill we passed there is no deeming. If jected. Brown Grassley Nunn you are a legal immigrant in this coun- Bryan Gregg Pressler Mr. SIMPSON. Mr. President, I move Burns Hatch Roth try, sponsored, you are not eligible for to reconsider the vote. Campbell Heflin Santorum welfare benefits until you become a Mr. SIMON. I move to lay that mo- Coats Helms Shelby citizen. And 87 Members of the Senate Cochran Hutchison Simpson tion on the table. Cohen Inhofe Smith voted for that. The motion to lay on the table was Coverdell Kassebaum Stevens This is a much weaker version. What agreed to. Craig Kempthorne Thomas this keeps in place is a deeming provi- Mr. CHAFEE. I wonder, Mr. Presi- D’Amato Kyl Thurmond sion that says that you are not eligible DeWine Levin Warner dent, if I might have a brief interven- Dole Lieberman for benefits unless your sponsor cannot tion here. pay for it. We had no provision like NOT VOTING—1 Mr. SIMPSON. That will be on the that. There was no fallback. You just Senator’s hour. Thompson were not eligible, period. So the amendments (Nos. 3820 and Under the Simpson bill we are con- CHANGE OF VOTE 3823), en bloc, were rejected. sidering, at least there is a fallback Mr. CHAFEE. Mr. President, on vote Mr. SIMPSON. Mr. President, I move that says if your sponsor can no longer 94, the Kennedy amendments Nos. 3820 to reconsider the vote. help you, then we will. and 3823 en bloc, I voted ‘‘nay,’’ and I Mr. GRAHAM. Mr. President, I move So this is a weaker provision under would ask unanimous consent that I to lay that motion on the table. the existing Simpson language than might be recorded as ‘‘yea.’’ That will The motion to lay on the table was what 87 Members of the Senate voted not affect the outcome of the vote. agreed to. for previously. So understand that you The PRESIDING OFFICER. Without AMENDMENT NO. 3822 are falling back already, and those who objection, it is so ordered. The PRESIDING OFFICER (Mr. were support this amendment would be Mr. CHAFEE. I thank the Chair. ABRAHAM). The question is now on falling back even further from the (The foregoing tally has been agreeing to amendment 3822. changes 87 Members voted for. changed to reflect the above order.) April 30, 1996 CONGRESSIONAL RECORD — SENATE S4405 CRIMINAL ALIEN TRACKING CENTER enforcement agencies in their efforts units has 6,556 on it. If 40 percent of the Mr. LEAHY. Mr. President, yester- to identify criminal illegal immi- current occupants are illegal, that day, the Senate approved an amend- grants. I am pleased that the Senate means 900 housing units should be ment that Senator HUTCHISON and I of- approved our amendment, No. 3788, made available to those citizens or fered to bolster one of the strongest that will increase the authorization for legal immigrants waiting their turn. tools local and State law enforcement the Tracking Center—a resource every The problem in Arizona is dramatic; agencies have to identify and deport State should have in the fight against nationwide it is even more dramatic. In criminal aliens in our country. The criminal aliens. I thank, in particular, his report entitled ‘‘The Net National Criminal Alien Tracking Center—also the managers of the bill, Senator SIMP- Costs of Immigration,’’ Dr. Donald known as the Law Enforcement Sup- SON and Senator KENNEDY, for includ- Huddle of Rice University estimates port Center [LESC]—is the only online ing these provisions in the manager’s that the cost of public housing pro- national data base available to local amendment. vided to illegal immigrants in 1994 was law enforcement agencies to identify Mr. KYL. Mr. President, I rise to roughly $500 million. criminal illegal aliens. I am proud that comment on a provision that is in- Even President Clinton acknowl- this facility is located in South Bur- cluded in the managers’ amendment to edged that there is a problem. When lington, VT. S. 1664, the immigration reform bill. I proposing guidelines for public housing Our amendment will increase the au- am pleased to introduce this amend- this year, he said most public housing thorization for the LESC in recogni- ment, which will require verification of residents have jobs and try to be good tion of the need to bring additional citizenship and/or immigration status parents, and, that it is unfair to let States online as well as expand the for those applying for housing assist- lawbreakers ruin neighborhoods, espe- scope of the work being done at the ance. The applicant will have 30 days cially since there are waiting lists to tracking center. President Clinton re- to provide proper documentation, or get into public housing. ‘‘Public hous- cently signed the Terrorism Prevention assistance will not be provided; appli- ing has never been a right,’’ he said, Act into law. The bill identified how cants who have failed to provide docu- but rather ‘‘it has always been a privi- important the Tracking Center has be- mentation in that time will be taken lege. The only people who deserve to come and proposed that the Center be- off the waiting list. For those who al- live in public housing are those who come the repository for an alien track- ready receive housing assistance, a ver- live responsibly there and those who ing system. ification of immigration status may be honor the rule of law.’’ Even before these additional respon- required at the annual recertification. The public housing authorities, of sibilities, the LESC staff in Vermont Annual recertification for housing as- course, are the entities that will have had demonstrated that the Center is a sistance is already required to deter- to implement any new policy we enact. valuable asset and essential to our na- mine income levels, and I would urge I contacted the housing authorities of tional immigration policy. The Center housing authorities to make good use Tempe, Yuma, Tucson, and Maricopa provides local, State, and Federal law of this option. If a housing authority County. Not one of the housing au- enforcement agencies with 24-hour ac- requests verification, a household will thorities disagreed with my proposal. cess to data on criminal aliens. By have a 3-month period to obtain proper They all said that once an applicant or identifying these aliens, LESC allows documentation or assistance will be resident checks on an affidavit that he/ law enforcement agencies to expedite terminated. Once the 3-month appeal is deportation proceedings against them. she is a legal citizen, they are not al- The Center was authorized in the 1994 exhausted, a hearing may be granted in lowed to pursue the issue. The housing crime bill. The first year of operations the fourth month. It is important to authorities currently only ask for ver- has been impressive as the 24-hour note that political refugees and asylum ification of immigration status if the team identified over 10,000 criminal seekers are exempt from my proposal. applicant checks that he/she is an im- aliens. After starting up with a link to The amendment I offer today passed migrant. law enforcement agencies in one coun- the House immigration reform bill This amendment will curb the ty in Arizona, the LESC expanded its unanimously as part of the managers’ amount of housing assistance—paid for coverage to the entire State. In 1996, amendment. by taxpayers—going to illegal immi- the LESC is expected to be online with In 1980, Congress passed the Housing grants. It will return housing opportu- California, Florida, Illinois, Iowa, Mas- and Community Development Act, nities to the people who are here le- sachusetts, New Jersey, Texas, and which included a section prohibiting il- gally. I thank my colleagues for sup- Washington. legal aliens from receiving Federal porting this amendment. The Tracking Center has become the housing assistance. In 1995, 15 years Mr. SANTORUM. Mr. President, I hub at INS for seamless coordination after the bill passed, HUD issued regu- suggest the absence of a quorum. between Federal, State, and local au- lations to implement the 1980 changes. The PRESIDING OFFICER. The thorities. I would suggest to Commis- Its regulations, however, will do little clerk will call the roll. sioner Meissner, that the facility be- to prohibit illegal aliens from continu- The assistant legislative clerk pro- come the national repository for all ing to receive taxpayer-supported hous- ceeded to call the roll. INS fingerprint records relating to ing. Mr. SIMPSON. Mr. President, I ask criminal aliens. Information from the Under current regulations, illegal unanimous consent that further pro- fingerprints would be most accessible if aliens can be placed on a waiting list ceedings under the quorum call be dis- the Center stored this information in and then granted housing assistance pensed with. an AFIS/IDENT data base with a link without having to provide documenta- The PRESIDING OFFICER (Mr. to FBI data bases. tion proving that they are eligible to GRAMS). Without objection, it is so or- As a former State’s attorney, I also receive the assistance. If a household is dered. know that even the best tracking sys- not eligible to continue receiving as- Mr. SIMPSON. Mr. President, what is tem does not work unless there is an sistance currently it may appeal the the status of things at the moment? I adequate system to ensure that crimi- decision in 3-month increments for up know that is unfair. nal files are promptly sent to inves- to 3 years. That is 3 years of taxpayer The PRESIDING OFFICER. We have tigators. That is why it would also assistance for someone who may not be several amendments pending in the make sense to have the LESC serve as eligible to receive the funds. second degree. Which amendment the repository for INS A-files related In my home State of Arizona, offi- would the Senator want to consider? to aggravated felons and aliens listed cials of the Maricopa Housing Author- AMENDMENTS NOS. 3855, 3857, 3858, 3859, 3860, 3861, in the NCIC deported felon file. Locat- ity (which is primarily Phoenix) told 3862 ing these files at the Tracking Center me that, by their estimates, fully 40 Mr. SIMPSON. The amendments have will improve their accessibility to INS percent of the people receiving housing been consolidated en bloc; 3855, 3857, agents and U.S. attorney offices assistance in Maricopa County are ille- 3858, 3859, 3860, 3861, 3862 all relating to throughout the United States. gal. In Maricopa County, there are 1,334 the birth certificate issue and driver’s Mr. President, Congress must con- Section 8 units and 917 public housing license portion—has my amendment on tinue the empowerment of local law units available. The waiting list for birth certificates and driver’s licenses. S4406 CONGRESSIONAL RECORD — SENATE April 30, 1996 Is that the regular order? illegal immigration. The improved doc- ment provides that the regulations will The PRESIDING OFFICER. It is the uments will also make possible an ef- not go into effect until 2 years after pending business. fective system for verifying immigra- the report. This will give Congress Mr. SIMPSON. Let me just briefly tion status for purposes of welfare and plenty of time to consider the report and in 1 minute tell you what we have other government benefits—resulting and take action, if necessary, to pre- done. In this amendment, we provide in major saving to the taxpayers. Addi- vent implementation of the regula- that the new counterfeit and tamper- tional benefits to law-abiding Ameri- tions. resistant driver’s license in the bill, cans would come from reduced use of The amendment also provides for a whatever they are, whatever State, fraudulent I.D. in the commission of number of other changes suggested by will be phased in over 6 years, and the various kinds of financial crimes, vot- HHS in a written comment sent in new standards will apply only to new, ing fraud, even terrorism. March, during the Judiciary Commit- renewed or replacement licenses—not My amendment is a response to the tee markup process: something issued 10 or 20 years before. Congressional Budget Office’s estimate First, the implementing regs will not After this change, the bill will no of the cost of the bill’s current require- necessarily be issued by HHS, but by longer be an unfunded mandate. CBO ment that improvements in driver’s li- an agency designated by the Presi- has an estimate after total State and censes and I.D. documents be imple- dent—and the agency developing the local cost of driver’s license and birth mented October 1, 1997. regs must consult not only with State certificate improvements, finding it to If the amendment is adopted, the ad- vital records offices, but with other be $10 to $20 million spread over 6 ditional cost of replacing all licenses Federal agencies designated by the years. New minimum standards on and I.D. documents by 1998, including President. birth certificates go into effect only those that would otherwise be valid for Second, in the description of the after the Congress has had 2 years to an additional number of years would be standards to be established in the regs, review them, and cannot require all eliminated. Instead of costing $80 to the reference to ‘‘use by imposters’’ States to use a single form. $200 million initially, plus $2 million will be deleted and replaced by the I talked to the manager of the bill per year thereafter, CBO estimates phrase ‘‘photocopying, or otherwise du- and will now urge the adoption of the that the total cost of all the birth cer- plicating, for fraudulent purposes.’’ en bloc amendment by voice vote. tificate and driver’s license improve- This change makes clear that there is Mr. President, the amendment would ments would be $10 to $20 million, in- no longer any requirement in the bill phase in the bill’s requirements for im- curred over 6 years. for a fingerprint or other ‘‘biometric proved driver’s licenses and State-is- CBO has written a letter confirming information.’’ sued I.D. documents over 6 years, be- that fact. Third, funding is authorized for the ginning October 1, 2000—the year sug- Mr. President, with respect to birth required HHS report on ways to reduce gested by the National Governors’ As- certificates, the bill now requires that, fraudulent use of the birth certificates. sociation. as of October 1, 1997, no Federal agen- Fourth, the definition of ‘‘birth cer- Under my amendment, the improved cy—and no State agency that issues tificate’’ is modified to cover not only format would be required only for new driver’s licenses or I.D. documents— persons born in the United States, but or renewed licenses or State-issued I.D. may accept for any official purpose a also persons born abroad who are U.S. documents, with the exception of li- copy of a birth certificate unless (a) it citizens at birth—because of citizen- censes or documents issued in one is issued by a State or local govern- ship of their parents—and whose birth State where the validity period for li- ment, rather than a hospital or other is registered in the United States. censes is twice as long—12 years—as nongovernment entity, and (b) it con- Fifth and finally, the effective date that in the State with the next longest forms to Federal standards after con- for the provisions relating to the new period. This one State would have 6 sultation with State vital records offi- grant program for matching birth and years to implement the improvements. cials. The standards will affect only death records and the requirement that Furthermore, the bill’s provision the form of copies, not the original the fact of death—if known—be noted that only the improved licenses and records kept in the State agencies. on birth certificate copies of deceased documents could be accepted for evi- The new standards will provide for persons will be 2 years after enactment dentiary purposes by government agen- improvements that would make the rather than October 1, 1997. cies in this country would—under the copies more resistant to counterfeit- These modifications represent most amendment I am now proposing—not ing, tampering, and fraudulent copy- of the changes suggested by HHS. be effective until 6 years after the ef- ing. One important example: the use of Mr. President, back to the subject of fective date of this section, October 1, ‘‘safety paper,’’ which is difficult to driver’s licenses: There is a technical 2000. By this time 49 of the 50 States satisfactorily photocopy or alter. correction that needs to be made to the will have the new licenses and I.D. doc- There is no requirement in the bill grandfathering provision in the driver’s uments without any requirement for that all States issue birth certificate license section of the bill. This early replacement. In one State, some copies in the same form. But in re- grandfathering provision is one that individuals wanting their license to be sponse to concerns that some have ex- my colleague, Senator TED KENNEDY, accepted by governments for evi- pressed, the amendment I am now pro- and I agreed to at the Judiciary Com- dentiary purposes would have to renew posing explicitly requires that the im- mittee markup. earlier than would be required without plementing regs not mandate that all The agreement was that States enactment of the bill, but would still States use a single form for birth cer- would be exempted from the bill’s re- have more time—6 years—than every tificate copies, and requires that the quirement that State driver’s licenses other State except one, which would regs accommodate differences between and I.D. documents contain a Social also have 6 years. the States in how birth records are Security number, if—at the time of the Thus, the amendment would mean kept and how certified copies are pro- bill’s enactment—the State requires that 6 years after the general effective duced from such birth records. that applicants submit a Social Secu- date for this subsection of the bill—Oc- The bill provides that the regulations rity number with their application and tober 1, 2000—the improved licenses are to be developed after consultation that a State agency verify the number would have completely replaced the old with State vital records officials. with the Social Security Administra- ones and would be required for evi- Therefore, the differences between the tion—but does not require that the dentiary purposes in all government of- States in how birth records are kept number actually appear on the license fices. and how copies are produced will be or document. Mr. President, I want to remind my fully known and accommodated by the This agreement is not reflected in S. colleagues that fraud-resistant I.D. agency developing the regulations. 1664 in its present form. The amend- documents will not only make possible Mr. President, my amendment also ment I am proposing will correct that. an effective system for verifying citi- requires a report to Congress on the Mr. SIMON. Mr. President, these zenship or work-authorized immigra- proposed regulations within 12 months amendments are acceptable on our tion status—and thus greatly reduced of enactment. In addition, the amend- side. We support them. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4407 The PRESIDING OFFICER. The sities that have a distinguished career. this law is not being adhered to be- question is on agreeing to the amend- They are business managers that move cause it is not being enforced. ments en bloc. from country to country in many of This measure is a very modest pro- The amendments en bloc (Nos. 3855, the international fields—top research- gram, but it is an important program. 3857, 3858, 3859, 3860, 3861, and 3862) were ers and top scientists at the top of The bottom line is that it will have an agreed to. their fields—and regulations have been impact in giving greater assurance to Mr. SIMPSON. Mr. President, just to established for those individuals to be qualified American workers that when review the matter at this time, the able to come in. these vacancies become available and clock is running on the 30 hours. There But the other segment of those— the American workers are qualified for are many amendments filed and few probably 30,000 to 40,000, it varies from those vacancies, they will be consid- people to come to present them. That year to year—there is a process and a ered, and considered favorably, for is usual procedure. We do not want to procedure to ensure that there will be those particular employment opportu- inconvenience people. an invitation for American workers, if nities. That is not the case now. What There are several amendments. Sen- they are qualified, to fill those jobs be- we have seen from the IG’s report is ator KENNEDY, I believe, does the desk fore the farm workers are brought into that in many instances these workers reflect that there are two amendments this country. are brought in, they are paid less than of Senator KENNEDY that are pending? What we have seen in recent times is they are guaranteed, or provided, and The PRESIDING OFFICER. The Sen- that process is basically a subterfuge. they do not qualify for the other kinds ator is correct. There were over 10,000 applicants last of benefits. The wages go down. Other Mr. SIMPSON. Two total? year, workers that were qualified for workers are brought in in a similar The PRESIDING OFFICER. That is those jobs. Only five of them were able way. correct. to get the jobs. The issue has been out- So the bottom line is that there is a Mr. SIMPSON. Then there are two of lined in detail both in the press and in whole series of professional, skilled Senator SIMON, one of Senator SHELBY. the IG report. workers that are working for perhaps Are those at the desk or have they So, clearly, what is happening is two-thirds or a half of what the Amer- been presented? American workers’ interests are not ican counterpart is earning, and the The PRESIDING OFFICER. There being attended to. As we are looking at American counterpart is working in an are several Simon amendments at the general enforcement areas and mecha- American plant. So Americans are dis- desk. nisms—and we did review the other advantaged in two ways: No. 1, they are Mr. SIMPSON. We can proceed with general enforcement mechanisms in denied the opportunity to get the job the Simon amendments, discuss those, the bill which are related to enforce- in the first place; and, second, their debate those, and see if we can process ment procedures that apply to illegal brother workers who are working in a those this evening. aliens but also have a reference to similar plant and earning a fair in- I would like to get a time agreement legal aliens—what this amendment come, are further disadvantaged by the if at all possible. We are trying to give does is not very revolutionary. It fact that these wages go down, and the our colleagues some indication as to makes provisions for the enforcement companies are at a competitive advan- the requirements of their preparation of existing laws. What use is a law if it tage in one sense and disadvantaged in here. cannot be enforced? the other as a result of this program. I suggest the absence of a quorum. The Department of Labor inspector The program is on the books. It is The PRESIDING OFFICER. The general’s report, widely reported and not being enforced. The IG, as I said, clerk will call the roll. commented upon, provides all of the has outlined in detail the kinds of cir- The legislative clerk proceeded to additional information necessary, that cumstances which I have outlined, and call the roll. our laws are not being followed and the we are allocating a certain number of Mr. KENNEDY. Mr. President, I ask American worker is the victim. Busi- those authorized personnel to be avail- unanimous consent that the order for nesses have said that the enforcement able to enforce the law. the quorum call be rescinded. of existing laws should be the focus of Mr. President, we have not increased The PRESIDING OFFICER. Without our efforts. any of the penalties for violations. objection, it is so ordered. That is what we want to do. We are They will be consistent across the AMENDMENT NO. 3829 providing the Department of Labor suf- board between those that violate the Mr. KENNEDY. Mr. President, in the ficient numbers of investigative per- law under the temporaries as well as course of the morning earlier today we sonnel. Out of the numbers that have those that violate the law under the offered amendments with regard to been included in this bill, we are des- permanent. There are questions about labor enforcement and also on the is- ignating a number of those that will be that. We can work that out and refer to sues of discrimination. We had a brief used for this purpose. It does not make the sentencing commission so there is interchange on that. We have been sense to hire additional people and uniformity on similar bills that might ready to move toward a decision on then tie one hand behind their backs. If apply in other agencies. this measure. I know that the Senator we are serious about enforcing the law This is an important program to help from Wyoming has reservations about to benefit American and foreign work- protect American workers that are it, but let me just mention briefly ers, the amendment I am proposing is a qualified, so that they are not effec- again what the substance of this good place to start. tively being discriminated against in amendment is all about. So, Mr. President, effectively that is terms of their job applications as a re- As I noted in my earlier remarks, what this amendment does. All it does sult of the desire to bring in foreign this amendment provides the Depart- is enforce existing law. All we are workers and then to pay them less. ment of Labor authority to do in the doing is allocating personnel to do for Mr. President, that effectively is permanent workers immigrant pro- the permanent workers what we do for what the amendment is about. I will be gram what it can already do on the the temporary workers: to make sure glad to either respond to questions or temporary worker visa program. We ef- that the provisions of the law are going to move forward with the amendment. fectively have two programs. On the to be respected. They are not today. It Mr. SIMPSON. Mr. President, the temporary workers, even though it is is not just my stating that they are not concern here of some of us is the con- called temporaries, it is up to 6 years, and reviewing the facts that they are ducting of an investigation on the ini- and there were about 65,000 last year. not. I rely on the IG’s report of the De- tiative of the Secretary of Labor or on Under the permanent program it is partment of Labor that spells this out the basis of a complaint. I wonder if I 140,000, of which about 85,000 to 90,000 of in chapter and verse. It has been made might inquire of my friend from Massa- those places are used. Within those public within the period of the last 3 chusetts, if we were to strike the word 85,000, about 10,000 or 15,000 are individ- weeks. I will not take the time of the ‘‘or otherwise’’—on line 6, where it says uals that are defined in the regulations Senate, unless there are Members that the Secretary of Labor to conduct an of what we call the best and the bright- want to, and review their various find- investigation pursuant to a complaint est. Those are professors at univer- ings, but the bottom conclusion is that ‘‘or otherwise’’—I wonder, if we were to S4408 CONGRESSIONAL RECORD — SENATE April 30, 1996 remove that, my objection would be and I am sorry; I was off the floor for loophole in our Nation’s traditional less. Then you would still have to have a short time—are we moving toward policy that newcomers must be self- reasonable cause to believe the em- any kind of time agreement to stack supporting. Under the bill, of course, ployer has made a misrepresentation of the votes tomorrow morning or some- an immigrant is deportable as a public a material fact on a labor certification. thing like that? charge if he or she uses more than 12 I share the Senator’s view and the Mr. SIMPSON. I would share with my months of public assistance within 5 view of the Secretary of Labor that friend, Mr. President, that apparently years after entry. certainly there have been abuses, and we are going to go forward. There is a All of the means-tested programs, there have been, but I think that alone window—we should have tried to ex- means-tested welfare programs—SSI, rather lends an uncomfortable aspect press that—a window between now and public housing, Pell grants—count to- to it as to what ‘‘otherwise’’ would 8 o’clock, but after 8 o’clock the leader ward this 12-month total for deporta- mean there. would prefer to proceed with rollcall tion. An exception is provided only for Mr. KENNEDY. May I respond brief- votes on whatever amendments are those programs that are also available ly? pending, and the more we can have to illegal aliens —emergency medical I welcome the opportunity to try to pending the more we will get on with services, disaster relief, school lunch, find other words that might be accept- our work. I hope people will come here WIC, and immunization. able, ‘‘or otherwise.’’ What we are at- to do the work. Under the House bill, only certain tempting to address, if we strike ‘‘or AMENDMENT NO. 3809 programs make the immigrant subject otherwise,’’ the only way that there Mr. SIMON. Mr. President, I should to public charge deportation, and those would be any kind of triggering of this like to call up 3809. It has already been programs are SSI, AFDC, Medicaid, measure would be on the action of a offered but it was set aside. food stamps, State cash assistance, and complaint by the individuals affected. The PRESIDING OFFICER. The public housing. Quite frankly, that is not going to hap- amendment is now pending. The Senator’s amendment would pen because the minute that happens, Mr. SIMON. What this does is to limit the public charge programs to the this person is on his way—he or she—is change the basis for deportation from same welfare programs as the House on his way out of the country. the Senate language to the House lan- bill but all others would not be in- What we are trying to do is to permit guage. The Senate language, frankly, is cluded—and that would be Pell grants, at least a degree of flexibility as we so wide open in terms of deporting peo- Head Start, legal services, noncash—in have in the ‘‘temporary’’ where there is ple. For example, someone who is a determining whether an alien should reason to believe. I would be glad if it legal immigrant, who receives higher become a public charge. is ‘‘or otherwise.’’ I was looking if it is education assistance, or, Mr. President, I remain quite unconvinced why any based on receipt of information where someone in the State of Minnesota who newcomer should be able to freely ac- there is reasonable cause to believe. would not be aware of it and got job cess the majority of Federal noncash This is what I am concerned about. If training assistance under this amend- welfare programs within the first 5 we just strike ‘‘otherwise,’’ we would ment, unless it is changed, that person years after entry, given that all aliens be limiting it just to the complaint, could be deported for getting job train- must promise not to become a public who would be the workers themselves, ing assistance—someone who is here le- charge at any time after entry. It and there would be such pressure on gally, going to become a citizen. I just seems most inappropriate to exclude that worker, effectively that individual do not think that makes sense. If they most noncash welfare from counting would not bring forth the complaint have a child who gets Head Start, that against the newcomer. because the person would be thereby can be a basis. I oppose it. Our Nation’s laws since probably subject to the loss of their So what we ought to do is do as the the earliest days have required new im- privilege in this country. House did. Frankly, that is still pretty migrants to support themselves. The It is generally the understanding sweeping. AFDC, SSI—and the SSI pro- first time was in 1645. Massachusetts that there are no protections for that gram is the one that is abused. I think refused to admit prospective immi- individual, and therefore it would be all of us who have been working in this grants who had no means of support unrealistic to think that would be the area know this is the area of great other than public assistance. That was case. abuse. Overall, those who come into in 1645 in the State of our Democratic I would be glad to try to address our country who are not yet citizens leader of this legislation. what the Senator mentions as being use our welfare programs less than na- In 1882, we prohibited the admission sort of a fishing expedition, to try to tive-born Americans percentagewise. of any person unable to take care of find words that might define it in a But limited to AFDC, SSI, food stamps, himself or herself. We know those way that would not only be relevant to Medicaid, housing, and State cash as- things. I keep repeating them. Likely the particular complainant but also on sistance. This is the language on the to become a public charge, section 212 the basis of well-founded information. House side. of the immigration law always saying It is best in this sort of circumstance, I think it makes just an awful lot that those who become dependent on perhaps, on this measure to suggest a more sense. If someone, for example, public assistance may be deported. So short—well, I will not suggest a gets low-income energy assistance in not only would the immigrant not only quorum but perhaps we might set this the State of Minnesota, that would be promise to be self-sufficient before re- one aside and see if we cannot come up a basis for deportation the way the bill ceipt of an immigrant visa, but he or with some words. reads right now. I do not think you she should remain self-sufficient for Mr. SIMPSON. Mr. President, I think want that. I do not think most Mem- any appropriate period after arrival. that is an excellent suggestion. Then bers of the Senate want that. We set that period. we could go to the amendments of Sen- So that is what my amendment does. Where all this came about is in a 1948 ator SIMON, because I think we can re- I think it makes the legislation a little decision by an administrative judge solve this. Under the Immigration and more sensible, and I hope that my col- within the Justice Department. Var- Nationality Act it says, ‘‘Complaints league, who is, I see, scribbling very ious administrative judges made it vir- may be filed by any aggrieved person vigorously over there, is scribbling the tually impossible to deport newcomers or organization, including the bargain- word ‘‘OK’’ and that he would consider who became a public charge. Under the ing representatives.’’ I have no problem accepting this amendment. current interpretation of the law, the with that. Maybe we can do that. Then, Mr. SIMPSON addressed the Chair. Government has to show, one, the alien if Senator SIMON would proceed with The PRESIDING OFFICER. The Sen- received the benefits; two, the agency his two amendments, we will have ator from Wyoming. requested reimbursement from the those available for voting later. Mr. SIMPSON. Mr. President, I was alien; and, three, the alien failed or re- Mr. SIMON addressed the Chair. not scribbling the word ‘‘OK’’ on this fused to repay the agency. The PRESIDING OFFICER. The Sen- document, this tattered amendment The decision has rendered this sec- ator from Illinois. here. tion of the law virtually unenforced Mr. SIMON. Mr. President, may I in- I oppose the amendment. I feel this and unenforceable, and, as Senator DO- quire of the Senator from Wyoming— amendment will create a very large MENICI said, we have deported 13 people April 30, 1996 CONGRESSIONAL RECORD — SENATE S4409 in the past, I think, year as being a available for the elderly and the dis- Here, let me just remind everyone public charge. This is despite the fact abled. Under this amendment, if some- again, legal immigrants take advan- that research shows more than 20 per- one takes advantage of those programs tage of these programs, with the excep- cent of immigrant households are on for 1 year, that is a basis for deporta- tion of SSI, less, as a percentage of the welfare—households, not individuals. tion. That is crazy. You know, if you people, than native-born Americans. So So the committee bill restored the pub- have a child in Head Start you can be I would hope we would use some com- lic charge deportation. The bill already deported. Maybe a spouse abuses some- mon sense here and accept this amend- includes provisions to respond to con- one and they go to legal aid. If they get ment. cerns of some on the other side of the legal aid they can be kicked out of the Mr. SIMPSON. Mr. President, I feel aisle. We have not destroyed the safety country, for getting legal aid. like somehow I have spoken on this, I net. A generous safety net is provided I just think we have to be reasonable. think, probably 10 times today, and I for immigrants who must use more I think the House language takes care am using up my precious time. Let us, than 12 months of public assistance of the big program. I know my friend if we can all understand this—maybe I within the first 5 years of entry before from Wyoming agrees on this, the big do not understand, which would not be becoming deportable as a public program of abuse overwhelmingly is the first time, but I think I do. charge. SSI. In addition to SSI, it has AFDC, We are not talking about the poor This new provision for public charge food stamps, Medicaid, housing, and and the wretched and the ragged here, deportation is entirely prospective. It State cash assistance. and people being taken advantage of. is not applicable to anyone who has al- I think this amendment makes sense. We are talking about people who are ready emigrated to the United States. Mr. President, I ask for the yeas and here under the auspices of a sponsor, a Only those who come in the future will nays. sponsor who signed up and said: I be affected. The PRESIDING OFFICER. Is there a promise that this person will not be- And the Simon amendment permits sufficient second? come a public charge. That is who we future immigrants to receive any There is a sufficient second. are talking about. The yeas and nays were ordered. If a person is as ragged as I have amount of assistance from Federal, Mr. KENNEDY. May I inquire of the State and local governments, as long Senator, ask a question? heard in the last 15 minutes, cannot do as the newcomer avoids six major wel- Mr. SIMON. I will be pleased to yield. this, cannot do that, stumbling fare programs. Newcomers would be Mr. KENNEDY. Mr. President, we around—those people are taken care of able to access almost all noncash wel- had some debate and discussion about under the present law. We are talking fare programs for the entire time they education earlier in our amendments. about a person who is here under the are in the United States, without ever Is the Senator saying if you have a good faith and auspices of a sponsoring being deportable as a public charge. legal immigrant and that legal immi- person. We are not talking about any- That is contrary to the stated national grant is going to take advantage of a thing that is not means tested. Any- policy that no one may immigrate if he Pell or a Stafford loan, and that person thing that is not means tested some- or she is likely to use any needs-based goes to the sponsor and they find out body is going to get. We are talking public assistance. that they are still eligible for that about, when you line up for whatever it I know my friend from Illinois so loan, so they are playing by the rules— is—Stafford or Pell, whatever it is, well, after 25 years, nearly, of friend- they waited their turn, 76 percent of that is means tested and you line up ship. And know in each occasion that those are members of American fami- and say, ‘‘Here I am. I need this pro- he speaks it is in the finest of intent lies, so they have been deemed and gram.’’ And they are going to ask you, and compassion and caring. This is one they go in—and then they take that ‘‘You are an immigrant and you have a of those. But a deal is a deal. If you Stafford loan, for example, for a year, sponsor. What assets does your sponsor come here as a sponsored immigrant that that subjects that person to depor- have?’’ And then they are going to say, and somebody says we are not going to tation? ‘‘Those assets are deemed to be your let this person become a public charge, Mr. SIMON. The Senator from Massa- assets for the purpose of receiving this that is it. You make a person do what chusetts is absolutely correct. These means-tested grant.’’ And all we are I know the Senator from Illinois would people are preparing themselves to be saying is the sponsor is going to be re- like to do: If you have the bucks, you productive citizens and all of a sudden, sponsible before the taxpayer is respon- keep your promise. And the promise is because they are preparing themselves, sible. There is no mystery to this. This they not become a public charge. And, they can be deported. If they are under is not some strange thing where we are if the sponsor cannot meet the debts a JTPA program they can be deported. pulling the rug out from under people. and goes broke, cannot cut it anymore, Mr. KENNEDY. This is even after we They say why do we do this with then we pick up the slack as taxpayers. have had a good deal of discussion, I legal and not illegal? Illegal immi- But why on Earth would we take up think for the benefit of most Members grants receive the benefits that I have the slack on any kind of issue when here—they felt: OK, they should be discussed: WIC, emergency medical as- they said: This person, I promise by af- deemed, in terms of the sponsors. And sistance, immunization. And why? Be- fidavit of support, will not become a even if they play this by the rules, they cause they are here and we want to public charge? I would resist the waited their turn to get in here, they take care of them so they do not be- amendment. are rejoining their families, they get come sick and so on. We know that. Mr. SIMON addressed the Chair. accepted into the universities and col- Then the argument is why do legal The PRESIDING OFFICER (Mr. lege in the Senator’s State, they run persons not get the same benefits that INHOFE). The Senator from Illinois. through the process of checking their the illegal get? The reason is simple Mr. SIMON. Mr. President, the Sen- sponsors to deem their income to beyond belief. It is because a sponsor, ator from Wyoming is correct. It was theirs and they are still qualified for a who had enough assets and resources to not ‘‘OK,’’ he was scribbling there. Stafford loan, they take that loan to take care of them, promised to do so. We do not do anything about the improve themselves and they take that And should. And there is no reason on deeming requirements here. What we for 1 year, then it is your understand- God’s Earth, why the taxpayer should are simply saying—and I would add the ing that under the Simpson proposal have to pick it up, unless the sponsor administration supports this amend- that that individual is subject to de- cannot cut the mustard anymore, has ment—what we are simply saying is portation? died, is bankrupt. And we have in the that there are going to be programs Mr. SIMON. That is correct. And it bill: Under those conditions the tax- that people may be taking advantage just makes no sense whatsoever. The payers will pick up the slack. of, that are available, with no knowl- sponsors may very well have had a Mr. KENNEDY. Mr. President, could edge it could be a basis of deportation. medically devastating problem that I ask the Senator from Wyoming: You Let me give an example. In rural Illi- just wiped them out. So the person who can be eligible for Stafford loans up to nois—my guess is in rural Minnesota, is here legally is eligible for these pro- $60,000 if you have three kids in school. rural Massachusetts and Wyoming grams and we ought to be assisting Now, you mean to tell me that if that too—there are transportation programs them. person, say that individual who is the S4410 CONGRESSIONAL RECORD — SENATE April 30, 1996 legal immigrant, has $10,000 or $15,000 you wish to allow newcomers to come AMENDMENT NO. 3816 and the sponsor has $30,000, you are here spending more than 20 percent of Mr. KENNEDY. Let me then, Mr. still eligible under the Stafford loan their time on public assistance during President, just address the issues that I program for a Stafford loan and to the first 5 years after entry, that seems addressed earlier in the course of the repay it. quite strange to me when people are debate, and I will do it briefly. The way I read this, it talks about hurting in the United States. That is The dilemma is how are we going to ‘‘for purposes of subparagraph, the where we are. assure adequate protection to employ- term ‘public charge’ includes any alien I thank the Chair. ers who employ either foreign sound- who receives benefits under any pro- Mr. KENNEDY. Mr. President, can ing, foreign looking individuals and en- gram described in paragraph D for an we just review where we are? We have sure that they are not going to be sub- aggregate period of more than 12 all received a lot of questions about the ject to the economic sanctions and, on months.’’ order. It was my understanding that we the other hand, how are we going to try Then it describes the program. In had the labor enforcement amendment and establish a procedure which will line 18 it says, ‘‘* * * any other pro- and the intentional discrimination not lend whatever procedure is estab- gram of assistance funded in whole or amendment. I think we are very close lished to be utilized in ways that will in part by the Federal Government.’’ to working out language of the labor open up discrimination against those Stafford loans are. That individual enforcement provisions. I hope that we individuals which, of course, in so may have a higher rate of repayment, will be able to do that. many instances would be Americans. be able to get a smaller loan but still We have the intentional discrimina- I reviewed very quickly some of the would get some kind of public help and tion amendment, which I hope we can more egregious situations where those assistance, because education loans are in a very brief exchange dispose of, in citizens who came from Puerto Rico not considered to be welfare. The idea terms of the time factor. So we might were asked to put out a green card. is individuals will pay that back. So be able to do that. Since they are American citizens, they they can conform with the provisions The Simon amendment on public do not have green cards and were sub- of the assets of both of them and still, charge, do we feel we are finished with ject to forms of discrimination. In any event, there may be dif- as the Senator points out, receive that that debate? That is another item. I do ferences as to the extent of discrimina- and under this be subject to the depor- not know what the other Simon tion that exists out there. There are tation, the way I read it. I think the amendment is, whether that is going to many who believe it is a serious prob- Senator from Illinois has a balanced be brought up. Or is that in line? lem. There are others who do not be- program here, and I hope that it will be Mr. SIMON. Whatever. We can bring lieve so. But I do think we have an op- accepted. it up tonight. It should be debated very portunity to address both the elements Mr. SIMON addressed the Chair. briefly. The PRESIDING OFFICER. The Sen- Mr. SIMPSON. Mr. President, if we of discrimination which exist in vary- ing degrees out there and also to pro- ator from Illinois. could perhaps deal with the intent Mr. SIMON. Mr. President, I do not standard language, which we had dis- vide a mechanism by which the em- want to postpone this much longer. Let cussed earlier, I maybe have another 5 ployer is adequately protected and es- us just say Christopher Reeve was a minutes or so on that. And then Sen- tablishes a good-faith defense by ac- cepting any one of the six cards that sponsor, and he went through this dev- ator FEINSTEIN. have been identified in this legislation astating accident. Let us say the peo- Mr. KENNEDY. Then we can do Sen- that are credible. ple he sponsored live in Oklahoma in a ator FEINSTEIN’s amendment and see if it is possible—I do not know what the That is effectively what we are at- rural community and they take advan- tempting to do, Mr. President, to say tage of transportation for the elderly length of it is—maybe it is possible to add that on as well. Maybe it will not that if employers have suspicions and the disabled. Under this proposal, about an applicant, they already have without my amendment, they can be be. Mrs. FEINSTEIN. Very short. a host of remedies. If the documents deported. Mr. KENNEDY. That will be what we look phony, the employer can refuse to I do not think that is what the Amer- will try, so Members will have an idea accept them and can refuse to hire the ican people want. I do not think that is of what we are going to do, if that is person. what the U.S. Senate wants. I really do agreeable. I will just talk very briefly. If the employee has authorization not believe even my good friend, ALAN Mr. SIMPSON. Mr. President, can we documents that expire, the employer SIMPSON, wants that, upon greater re- say then, at least for the purposes of can ask for reverification of eligibility flection. I hope we will conform the those of us here debating, that we when the documents expire. Indeed, my language to the way it is in the House close, informally close, the debate with amendment contains a provision that and say on the six programs—AFDC, regard to the Simon amendment, and requires the employers to reverify eli- SSI, food stamps, Medicaid, housing, maybe in a few minutes close debate gibility. and State cash assistance—if they take with regard to the intent standard and If the documents look genuine, but advantage of these programs for a year, maybe perhaps be in a position to have the employer still has concerns, the then they can be deported. That is even four or five votes which should satisfy employer can share these concerns harsher, frankly, than I would like, be- all concerned? with the applicant. For example, the cause I think there will be some cir- Mr. KENNEDY. That would be fine. employer can let the applicant know cumstances that are unusual. Mr. SIMPSON. Would that not be a that it intends to verify the applicant’s To just say sweepingly for any kind joy? eligibility and will fire the person if it of Federal program you can be de- Mr. KENNEDY. Would that not be, turns out the person is illegal. How- ported, like the Stafford Loan Pro- and then we look forward to tomorrow. ever, the employer cannot demand that gram, I think is a real mistake. I hope Mr. President, I will just take a brief the applicant produce additional or the Senate will accept my amendment. time with regard to the amendment on specific documents once the applicant Mr. SIMPSON. Mr. President, I am discrimination and, hopefully, we will has produced an authentic-looking doc- going to leave it at that. I am using be able to get it worked out. ument. precious time, but I will just say that Let me just ask then, before we do That is the fundamental issue. Other- all these things do not take place, all that, on the labor provisions, on line 6, wise, if we were to allow the employer these horrible things, little old ladies, if we strike ‘‘or otherwise’’ and put in to demand anything he wanted, it veterans, people. Nothing here takes there ‘‘based on receipt of credible ma- would end up with situations as I men- place if there is a sponsor who stepped terial information,’’ does that respond tioned where employers demand green up to the plate and said, ‘‘I’m going to to the principal concerns? I thought cards from Puerto Ricans. Under our take care of this person, I vow that, I that might have been worked out with current law these Puerto Rican victims promise that.’’ your staff. have a remedy. Under section 117 they So anything means tested we are Mr. SIMPSON. I am not aware of are out of luck. If we let employers de- simply saying the assets of the sponsor that, Mr. President, but I will certainly termine what documents they will ac- become the assets of the immigrant. If inquire. cept, which is effectively what section April 30, 1996 CONGRESSIONAL RECORD — SENATE S4411 117 does, everyone knows what will 274B(a)(1) of the Immigration National- Some employer groups, including the Na- happen. Employers will develop sus- ity Act, a provision which is unchanged tional Federation of Independent Businesses picions about all foreign-looking and by my bill, not changed, not section and the nation’s agricultural employers, foreign-sounding people, and the dis- 274B(a)(6), which the committee bill argue that [my amendment] the KENNEDY amends. In fact, this case was decided amendment would put employers ‘‘between a crimination that is already docu- rock and a hard place’’ when it comes to mented will worsen. before the Congress enacted the section verifying documents that the employer Keep in mind who these victims are. 274B(a)(6) in late 1990 and decided that ‘‘knows constructively’’ are not valid. The They are often hard-working American merely asking for different documents KENNEDY amendment addresses this concern citizens. They are legal immigrants constituted discrimination—merely by allowing employers to check the validity who are trying to become self-suffi- asking. of such documents when they have a ques- cient but are being left out because This section of the committee bill tion about them. An intent standard goes they look foreign or speak with an ac- provides protection only for employers much too far in response to the concerns of cent. who do not intend to discriminate. some employers. In fact, it immunizes em- Mr. President, I believe that this pro- That is what the Senator is trying to ployers against all but the most egregious posal is a modest program. I think it reach. An employer who has construc- discrimination claims. There is no need to gut the civil rights protections under IRCA meets the central challenges of assur- tive knowledge that an alien is unau- in order to address a concern which can be ing that the idea that jobs will be pre- thorized to work is permitted to ask resolved through more reasonable means. served for Americans or legal immi- for other documents. That is all we are The Leadership Conference strongly urges grants is real. It will reduce, I think in saying. The employer knows something you to support the Kennedy amendment to a very important way, the possibilities is wrong with those documents. He strike the intent standard. . .. and reality of discrimination in the knows that, or he or she knows that, Mr. President, I ask unanimous con- workplace. an alien is unauthorized to work, and sent that that letter dated April 29, Mr. President, I hope that the Senate they are permitted under this legisla- 1996, from the Leadership Conference will adopt the amendment. tion to ask for other documents. on Civil Rights be printed in the Mr. SIMPSON. Mr. President, may I There is one other incorrect argu- RECORD. interject here with a unanimous-con- ment on behalf of this amendment. Ac- There being no objection, the letter sent request that we lock in the two cording to the propaganda sheet I have was ordered to be printed in the amendments? I think this may have from certain in the Clinton administra- RECORD, as follows: been circulated. I will wait so that we tion, the lawyers of the Clinton admin- LEADERSHIP CONFERENCE might do that. istration, the bill would permit a Texas ON CIVIL RIGHTS, Mr. President, let me go forward nursing home to fire an African Amer- Washington, DC, April 29, 1996. briefly and conclude my remarks about ican because he could not produce his DEAR SENATOR: On behalf of the Leadership the amendment. I spoke on that this birth certificate. That is wrong. That Conference on Civil Rights, we are writing to morning. I want to readopt the lan- is false. The decision in that case held urge you to support an amendment to the guage that I spoke this morning and that when employers refused to accept immigration bill, S. 1664 that would preserve would be appropriate here, and con- certain documents because of an unrea- the civil rights protections of the nation’s immigration laws. clude with this. sonable concern about their validity, Let me stress for my colleagues that Congress added civil rights protections to as opposed to a specific, justified con- the Immigration Reform and Control Act of this section of the bill does not permit cern, that action constitutes inten- 1986 (IRCA) because of concerns that requir- employers to refuse documents because tional discrimination. ing employers to verify the employment eli- of an unreasonable concern about their We are talking about the employer. gibility of their workers would lead to dis- validity. Administrative law judges The signals are up. The employer crimination against persons who were per- have already found such a practice con- knows something is not right. We are ceived as ‘‘foreigners.’’ Indeed, the law did stitutes intentional discrimination. saying, he asks for another document. result in widespread discrimination, as docu- The bill is not intended to overrule any That is not discrimination. If they are mented by a U.S. General Accounting Office (GAO) study in 1990 along with more than a of those cases of intentional discrimi- in there to discriminate, the signals nation. dozen separate studies conducted nation- are not up. They are doing their hid- wide. S. 1664 adds an ‘‘intent standard’’ to Employers should be able to ask an eous racism. That is not what we are these civil rights provisions, which would employee for additional documents talking about. make it impossible for most Americans suf- only when they have reason to suspect I believe we have to provide some fering discrimination under the law to pur- that the new employee is an illegal protection from heavy penalties for sue a discrimination claim. Senator Kennedy alien. We are not interested in burden- employers who are attempting in good will be offering an amendment to strike this ing employers. In fact, this bill is an faith to follow the law. This amend- intent standard and replace it with language extraordinary assistance to employers. ment provides no relief, and in fact is addressing the legitimate concerns raised by No longer 29 documents to look at, but no more than a detailed description of employers. The Leadership Conference on Civil Rights strongly urges you to support 6. current law, the current law which Employers around the country have this amendment and preserve the nation’s squeezes the American businessman be- tradition of equal justice under the law. been supportive of this measure. But I tween the rock of employer sanctions The GAO report and other studies indicate must also state that some of the nu- and the hard place of intentional dis- that most of the widespread discrimination merous examples which are given in crimination for even deigning to ques- resulting from IRCA stems from employer support of the amendment simply do tion an employee’s documents. confusion. For example, some employers in- not apply, especially the one about the So I urge my colleagues to oppose the sist on seeing green cards from any person Puerto Rican woman. Let us go to amendment. The employers should be who appears ‘‘foreign’’, despite the fact that that. able to ask employees, when they have many such individuals are native-born U.S. citizens. When such an employer insists on One example cited by opponents of knowledge that a new hire is not le- the provision in the committee bill is seeing a green card, these Americans lose gally authorized to work, for addi- jobs. This was the case when Rosita Mar- that a New York watch wholesaler re- tional documentation and inquire of tinez, a Puerto Rican American, took her fused to hire a Puerto Rican woman be- that without the huge fines which the employer to court after he insisted that the cause she did not have a green card. administration insists on levying law obliged him to see her green card before The administrative law judge ruled against employers who have never ever hiring her. Had the intent standard been the that that action constituted a knowing before—ever before—intentionally dis- law at the time, Ms. Martinez would have and intentional discrimination. Think criminated at all. lost that job without any remedy under the of that. Simply because the person re- Mr. KENNEDY. Mr. President, I will law. fused to hire a Puerto Rican woman be- take just a very few moments. Some employer groups, including the Na- tional Federation of Independent Business cause she did not have a green card, Mr. President, I will include in the and the nation’s agricultural employers, that was knowing and intentional dis- RECORD the Leadership Conference on argue that the Kennedy amendment would crimination. Civil Rights, their support for our put employers ‘‘between a rock and a hard Most importantly, the employer in amendment. Let me just mention a place’’ when it comes to verifying documents that case was punished under section paragraph in here. that the employer ‘‘knows constructively’’ S4412 CONGRESSIONAL RECORD — SENATE April 30, 1996 are not valid. The Kennedy amendment ad- The provisions which are included in The clerk will report. dresses this concern by allowing employers the current law need to be changed. We The assistant legislative clerk read to check the validity of such documents have outlined a fair, reasonable way of as follows: when they have a question about them. An intent standard goes much too far in re- protecting the applicant, the worker, The Senator from California [Mrs. FEIN- sponse to the concerns of some employers. In and also the employer. It is a better STEIN], for herself and Mrs. BOXER, proposes fact, it immunizes employers against all but way to go than the current law. I hope an amendment numbered 3777. the most egregious discrimination claims. the amendment is accepted. Mrs. FEINSTEIN. Mr. President, I There is no need to gut the civil rights pro- I ask for the yeas and nays on the ask unanimous consent that the read- tections under IRCA in order to address a amendment. ing of the amendment be dispensed concern which can be resolved through more The PRESIDING OFFICER. Is there a with. reasonable means. sufficient second? There is a sufficient The Leadership Conference strongly urges The PRESIDING OFFICER. Without you to support the Kennedy amendment to second. objection, it is so ordered. strike the intent standard and replace it The yeas and nays were ordered. The amendment is as follows: with language which addresses employers’ Mr. SIMPSON. Mr. President, let me Beginning on page 10, strike line 18 and all concerns without wiping out civil rights pro- lock in this unanimous-consent request that follows through line 13 on page 11 and tections for Americans. so our colleagues will know better insert the following: Sincerely, about the disposition of their evening SEC. 108. CONSTRUCTION OF PHYSICAL BAR- RICHARD WOMACK, activities. RIERS, DEPLOYMENT OF TECH- Acting Executive Di- I ask unanimous consent that a vote NOLOGY, AND IMPROVEMENTS TO rector. occur on or in relation to amendment ROADS IN THE BORDER AREA NEAR DOROTHY I. HEIGHT, SAN DIEGO, CALIFORNIA. Chairperson. No. 3816 offered by Senator KENNEDY at There are authorized to be appropriated Mr. KENNEDY. Mr. President, I will the hour of 8 p.m. this evening and im- funds not to exceed $12,000,000 for the con- just wind this up with the story of Rep- mediately following that vote, the Sen- struction, expansion, improvement, or de- ployment of physical barriers (including resentative GUTIERREZ. This was on ate proceed to a vote on or in relation to the following amendments in the multiple fencing and bollard style concrete April 18. columns as appropriate), all-weather roads, A Capitol Police security aide refused to following order, with 2 minutes of de- bate equally divided prior to each vote low light television systems, lighting, sen- accept the congressional identification of sors, and other technologies along the inter- Representative Luis V. Gutierrez as he tried after the first vote: amendment No. national land border between the United to enter the Capitol and told him and his 3809, amendment No. 3829—it may be States and Mexico south of San Diego, Cali- daughter to ‘‘go back to the country you resolved, but I would like to lock those fornia for the purpose of detecting and deter- came from,’’ the representative said yester- in. ring unlawful entry across the border. day. The PRESIDING OFFICER. Without Amounts appropriated under this section are Gutierrez . . . said that he was walking authorized to remain available until ex- into the main visitor’s entrance to the Cap- objection, it is so ordered. pended. itol on March 29 with his 16-year-old daugh- Mr. SIMPSON. Finally, Mr. Presi- ter and 17-year-old niece when he was ap- dent, that is a powerful, poignant story Mrs. FEINSTEIN. Mr. President, this proached by the security aide. of discrimination and a disgusting ac- amendment concerns the proposal to The aide [I will leave that out; it is printed tivity, but that is not what we are build a triple-fence barrier on the in the story] has been suspended with pay talking about. We are talking about an Southwest border. Specifically, the pending an internal investigation, said Sgt. employer who has in front of him amendment I am offering would strike Dan Nichols, Capitol Police spokesman. The Congressman said that he and the girls someone that he has an idea, and he section 108 and replace it with a provi- were carrying Puerto Rican flags during a has seen the documents, he knows sion allowing $12 million for the con- Puerto Rican appreciation day ceremony and something is wrong. He has been doing struction and expansion of physical were putting them through an X-ray scanner this for years, ever since 1986, and the barriers along the border with Mexico, when Hollingsworth began ‘‘screaming’’ at signal goes up, and he says, ‘‘I want to which, in addition to fencing, includes him for allowing the flags to slightly unfurl, ask you for another document,’’ and all-weather roads, low-light television he said. suddenly he has violated the law and is systems, lighting sensors, and other ‘‘She said she didn’t want to see the flags, and I told her I would take care of them,’’ subject to tremendous fines. That is technology. Gutierrez said. ‘‘Then she said, ‘Who do you not right. I think we all know that the border think you are?’ When I told her I was Con- That is the purpose of the bill. It is represents the front line of deterrence gressman Gutierrez, she said, ‘I don’t think not about such an egregious and foul for illegal entry into the country and so.’ ’’ procedure as we have just heard de- that the current situation is inad- Gutierrez said that when he presented his scribed. equate. There is a 14-mile stretch of congressional identification card, Hol- Mr. KENNEDY. Mr. President, I want border that separates San Diego and lingsworth ‘‘said that my identification to pay my respects to the Senator from must have been a fake. Then she said, ‘Why Mexico, and it is patched with some don’t you all go back to the country where California today. She was here early single fencing that is in constant need you came from.’ She was rabidly angry.’’ like other of our colleagues, at her post of repair, has areas with no barriers at Gutierrez said the confrontation went on early today on the Judiciary Commit- all, and roads that wash out and be- for about a minute until a Capitol Police ser- tee, and came over here just at the come impassable at the first sign of geant noticed what was happening and, rec- lunch hour and has been inquiring, I rain. ognizing the Congressman, and ushered Hol- think every half hour, about when she The House-passed bill mandates the lingsworth away. ‘‘From the very first time she was talking can be recognized. We wanted to try to construction of three parallel fences to me, she was yelling,’’ Gutierrez said. ‘‘She move the business forward. I want to along the existing 14 miles of rein- thought we were foreigners from another commend her for her perseverance and forced steel fence on the United States- country, and she was very resentful of that. look forward to her amendment. Mexico border in San Diego County. I Twice she told us to go back to our coun- AMENDMENT NO. 3777 TO AMENDMENT NO. 3743 voted for the triple-fence amendment try.’’ (Purpose: To provide for the construction of in the Judiciary Committee because I That has happened to a Congressman physical barriers, deployment of tech- believed we needed to remedy that sit- of the United States in the last few nology, and improvements to roads in the uation. After the vote, though, I had a weeks here in the Nation’s Capitol. border area near San Diego, CA) chance to meet with representatives What kind of chance is a worker going Mrs. FEINSTEIN. I thank the Sen- from the Border Patrol and the INS. to have, out in the boondocks, Amer- ator from Massachusetts. I send an I ask unanimous consent to have ican worker, trying to get through, amendment to the desk and ask for its printed in the RECORD a letter from the when you run against that kind of an immediate consideration. National Border Patrol signed by its attitude? Mr. KENNEDY. Mr. President, I ask president, stating: Mr. President, this is a real problem. that the pending amendment be tempo- A three-tier fence would also create a It is happening here in the Nation’s rarily laid aside. crime zone within the boundaries of the Capitol, and it is happening around the The PRESIDING OFFICER. Without United States where illegal immigrants country. objection, it is so ordered. would be easy prey for robbers, rapists, and April 30, 1996 CONGRESSIONAL RECORD — SENATE S4413 other criminals. The accomplices of these National Interest Act of 1995.’’ This provi- technology and operational judgments are criminals could easily prevent law enforce- sion requires the construction of second and decisions best left to the Border Patrol with ment officers from responding to these third fences, in addition to the existing 10- responsibility for the day-to-day operation crimes by blocking access roads with nails, foot steel fence, along the 14 miles of U.S.- at the ground level. broken glass, other debris, [et cetera]. ... Mexico border in the San Diego Border Pa- Please do not hesitate to contact me if I The Border Patrol Council strongly rec- trol Sector. The bill also requires roads to be can be of further assistance. The Office of ommends this bill be amended by replacing built between the fences. Instead, we support Management and Budget has advised that the requirement with a safer and more effec- an amendment, to be offered by Senators there is no objection to the submission of tive alternative. Feinstein and Boxer, to replace the require- this letter from the standpoint of the Admin- There being no objection, the mate- ment for triple fencing along portions of the istration’s program. Southwest border with an authorization of Sincerely, rial was ordered to be printed in the funds for the construction and improvement RECORD, as follows: ANDREW FOIS, of physical barriers, lighting, sensors, and Assistant Attorney General. NATIONAL BORDER PATROL COUNCIL, other technologies to detect and deter un- AMERICAN FEDERATION OF GOV- lawful entry. Mrs. FEINSTEIN. Both these letters, ERNMENT EMPLOYEES, The requirement now in the bill, if en- Mr. President, make a strong case and, Campo, CA, April 15, 1996. acted, would endanger the physical safety of to me, a convincing case that the cur- Border Patrol agents. U.S. Border Patrol Hon. DIANNE FEINSTEIN, rent $12 million proposal to construct a U.S. Senate, agent Joe Dassaro, Public Information Coor- Washington, DC. dinator for Local 1613, U.S. Border Patrol triple-fence barrier along the entire 14- DEAR SENATOR FEINSTEIN: The National Council, recently stated, ‘‘There is no sup- mile stretch is not feasible, and would Border Patrol Council, representing nearly port from U.S. Border Patrol agents in the not accomplish the intended goals, and 5,000 Border Patrol employees, is deeply con- field for the three tiered fence. We see it as could pose safety risks for Border Pa- cerned by the provision in S. 1664 (formerly a dangerous situation. If an agent goes be- trol agents. tween the three fences and gets into trouble, S. 269, the ‘‘Immigration in the National In- The INS argues that some border terest Act of 1995’’) that would require the there is a longer response time for another construction of fourteen miles of three-tier Border Patrol agent to come to his/her areas are not suitable for multiple fencing in San Diego, California. Such fenc- aid . . .’’ From a tactical perspective, agents fences and are not sealed off by a single ing would needlessly endanger the lives of travelling along roads surrounded by fencing barrier because of the steep terrain. Border Patrol Agents by trapping them be- present an easy target for alien smugglers They made the case that it would be tween layers of fences and leaving them with and others ready to thwart our enforcement difficult if not impossible to erect a no expeditious means of escape from the gun- efforts. Our experience has shown that when triple fence in these areas at below a fire, barrages of rocks and other physical as- agents travel in a single, predictable line, they and their vehicles are susceptible to at- cost of $110 million—far above the $12 saults that routinely occur along the U.S.- million in this proposal. Mexico border. tack with rocks and other objects. A three-tier fence would also create a Response time to an emergency situation This, to me, is overly expensive and a crime zone within the boundaries of the in areas adjacent to fenced in areas will be waste of taxpayer money. The INS and United States where illegal immigrants greatly and unnecessarily increased if this Border Patrol argue that a triple fence provision is enacted. Agents that patrol be- would be easy prey for robbers, rapists, and 1 tween the sections of the fence will not have running for 14 ⁄2 miles would be dan- other criminals. The accomplices of these gerous and ineffective. criminals could easily prevent law enforce- the ability to quickly and directly get out of ment officers from responding to these the areas at critical times. With triple fenc- Now, what this amendment does is crimes by blocking access roads with nails, ing, smugglers can easily block a Border Pa- present a sensible, cost-effective sub- broken glass, other debris, barrages of rocks trol vehicle with debris and limit agent mo- stitute for the triple fence concept. It and/or gunfire. bility to the fixed path bounded by the fence. has the strong support of the INS, the Rather than facilitating the accomplish- In addition, the rocky terrain and deep can- yons in this region of California make a con- Border Patrol, and the National Border ment of the Border Patrol’s mission, a three- Patrol Council. Essentially, what the tier fence would decrease the effectiveness of tinuous road impossible to build and use. its operations, and would make an already The challenges presented by this terrain are amendment would do is authorize $12 dangerous job even more so. better met through the other tactics cur- million for construction of a vitally The National Border Patrol Council rently deployed in the San Diego Sector. needed all-weather road system along strongly recommends that S. 1664 be amend- We support physical barriers along the bor- the border. It would allow for the low- ed by replacing the requirement to construct der when and where they are appropriate and light television system, more ground have erected 23 miles of fences along the a three-tier fence with a safer and more ef- sensors and infrared night-vision equip- fective alternative. Those who deal with the California Border as an important part of our strategic plans. In order to build the ment. It would also provide some flexi- problem of illegal immigration on a daily bility with respect to the border fence basis should be allowed to decide which tech- fence that is now in place, it was necessary nologies, including physical barriers, all- to construct an access road along the border. itself. weather roads, low-light television systems, Rather than specifying barriers, we rec- I am told that of the 14 mile area, the lighting, sensors, and other means, are more ommend funding to construct ‘‘all-weather INS has located eight locations which roads’’, since the existing roads become im- appropriate and effective for a given area. it has said could be suitable for three- Your support of this amendment would be passable after relatively little rainfall. The current situation prohibits the Border Patrol tier barriers that range in length from greatly appreciated. half a mile to 3 miles in length. That Sincerely, from actually reaching the border and inter- 1 T.J. BONNER, rupts repair and maintenance on the fence. totals about 9 ⁄2 miles. Once again, President. Rain also precludes the Border Patrol from their top priority would be construc- working close to the border in a high visi- Mrs. FEINSTEIN. Mr. President, I tion of an all-weather road system in bility, deterrent posture. Agents must pull this area. also ask unanimous consent to have back and work from hardpacked or paved printed in the RECORD a letter dated streets during these periods. With an all- What this amendment does, bottom April 16 from the Department of Jus- weather road system, Border Patrol agents line, is say, ‘‘INS, use your best judg- tice, Office of Legislative Affairs, to would have access to the fence even during ment.’’ There is $12 million authorized. the majority leader on this subject. the extended rainy season. Have flexibility. Be able to create your There being no objection, the mate- We fully recognize the usefulness and need all-weather roads, the necessary infra- for border fencing and have been at the fore- structure, and use the triple fencing rial was ordered to be printed in the front of fencing innovations for many years. RECORD, as follows: Single fencing is a valid deterrent in many where it is safe and makes sense to do U.S. DEPARTMENT OF JUSTICE, areas and we will continue to use this tool at so. OFFICE OF LEGISLATIVE AFFAIRS, various locations to meet the needs of the I think that is the appropriate way, Washington, DC, April 16, 1996. San Diego Sector Border Patrol. In some really, to handle this situation. Hon. ROBERT DOLE, carefully selected areas, multiple fencing Majority Leader, may be appropriate. Other deterrence tech- I ask for the yeas and nays on this U.S. Senate, nologies, such as enhanced communications amendment. Washington, DC. systems, lighting, low light television sys- The PRESIDING OFFICER. Is there a DEAR SENATOR DOLE: I write to express the tems and fixed infrared/daylight cameras sufficient second? Administration’s strong opposition to the also will compliment the existing and proposed requirement for triple-tier fencing planned fencing. In our view, the actual de- There is a sufficient second. contained in S. 269, the ‘‘Immigration in the ployment of personnel, physical barriers, The yeas and nays were ordered. S4414 CONGRESSIONAL RECORD — SENATE April 30, 1996

AMENDMENT NO. 3776 TO AMENDMENT NO. 3743 proposes an amendment numbered 3865 to is performed as a medical practitioner, mid- (Purpose: To strike the provision relating to amendment No. 3743. wife, or person in training to become such a the language of deportation notice) Mr. REID. Mr. President, I ask unan- practitioner or midwife. Mrs. FEINSTEIN. Mr. President, I imous consent that reading of the ‘‘(c) In applying subsection (b)(1), no ac- count shall be taken of the effect on the per- send an amendment to the desk and amendment be dispensed with. son on whom the operation is to be per- ask for its immediate consideration. The PRESIDING OFFICER. Without formed of any belief on the part of that or The PRESIDING OFFICER. The objection, it is so ordered. any other person that the operation is re- clerk will report. The amendment is as follows: quired as a matter of custom or ritual. The legislative clerk read as follows: At the appropriate place in the matter pro- ‘‘(d) Whoever knowingly denies to any per- The Senator from California [Mrs. FEIN- posed to be inserted by the amendment, in- son medical care or services or otherwise dis- STEIN], for herself and Mr. SIMON, proposes sert the following: criminates against any person in the provi- an amendment numbered 3776 to amendment SEC. . FEMALE GENITAL MUTILATION. sion of medical care or services, because— No. 3743. (A) CONGRESSIONAL FINDINGS.—The Con- ‘‘(1) that person has undergone female cir- cumcision, excision, or infibulation; or Mrs. FEINSTEIN. Mr. President, I gress finds that— (1) the practice of female genital mutila- ‘‘(2) that person has requested that female ask unanimous consent that reading of circumcision, excision, or infibulation be the amendment be dispensed with. tion is carried out by members of certain cultural and religious groups within the performed on any person; The PRESIDING OFFICER. Without United States; shall be fined under this title or imprisoned objection, it is so ordered. (2) the practice of female genital mutila- not more than one year, or both.’’. The amendment is as follows: tion often results in the occurrence of phys- ‘‘(2) CONFORMING AMENDMENT.—The table of Beginning on page 99, strike line 10 and all ical and psychological health effects that sections at the beginning of chapter 7 of title that follows through line 13. harm the women involved; 18, United States Code, is amended by adding Mrs. FEINSTEIN. Mr. President, this (3) such mutilation infringes upon the at the end the following new item: guarantees of rights secured by Federal and ‘‘116. Female genital mutilation.’’ amendment essentially corrects what I State law, both statutory and constitu- ‘‘(d) EFFECTIVE DATE.—Subsection (c) shall believe is a mistake in the bill. Present tional; take effect on the date that is 180 days after law allows for the use of both English (4) the unique circumstances surrounding the date of the enactment of this Act. and Spanish in deportation orders. The the practice of female genital mutilation bill, as it came out of committee, place it beyond the ability of any single Mr. REID. Mr. President, I have struck that section. Therefore, only State or local jurisdiction to control; asked for a vote on amendment No. English could be used in deportation (5) the practice of female genital mutila- 3865, the one that has been debated at tion can be prohibited without abridging the length in this body on other occa- orders. exercise of any rights guaranteed under the Frankly, it does not make sense to sions—in fact, yesterday, during a time First Amendment to the Constitution or that I obtained the floor, I talked give somebody a deportation order that under any other law; and they cannot read. And the dominant (6) Congress has the affirmative power about this amendment at some length. majority of illegal immigrants in the under section 8 of article I, the necessary This is making female genital mutila- State of California speak Spanish only. and proper clause, section 5 of the Four- tion illegal in the United States and a Therefore, it would make sense that a teenth Amendment, as well as under the basis for asylum. deportation order be in Spanish and in treaty clause of the Constitution to enact I ask unanimous consent that Sen- such legislation. English. ator CAROL MOSELEY-BRAUN be added (b) BASIS OF ASYLUM.—(1) Section 101(a)(42) as a cosponsor and that the senior Sen- My amendment would simply strike (8 U.S.C. 1101(a)(42)) is amended— the English-only requirement. I am (A) by inserting after ‘‘political opinion’’ ator from Illinois, Senator SIMON, be joined by Senator SIMON in this amend- the first place it appears: ‘‘or because the added as a cosponsor. ment that would restore the language person has been threatened with an act of fe- The PRESIDING OFFICER. Without to its prior situation. male genital mutilation’’; objection, it is so ordered. If I might, I neglected to mention (B) by inserting after ‘‘political opinion’’ Mr. REID. Mr. President, over 100 something, and I would like to remedy the second place it appears the following: ‘‘, million women and girls have been mu- or who has been threatened with an act of fe- that, Mr. President. Senator BOXER is a tilated by this procedure in the world. male genital mutilation’’; Six-thousand each day are mutilated— cosponsor on the alternative language (C) by inserting after ‘‘political opinion’’ on the triple fence. the third place it appears the following: ‘‘or 7 days a week, 365 days a year. Most Mr. President, I ask for the yeas and who ordered, threatened, or participated in girls, of course, are too young or do not nays on the second amendment. the performance of female genital mutila- have the means to flee. The PRESIDING OFFICER. Is there a tion’’; and Mr. President, 3 years ago, Canada sufficient second? (D) by adding at the end the following new made female genital mutilation a basis There is a sufficient second. sentence: ‘‘The term ‘female genital mutila- for asylum. Since that time, two tion’ means an action described in section The yeas and nays were ordered. women have been granted asylum for 116(a) of title 18, United States Code.’’. that reason. So for us to think this is Mr. REID addressed the Chair. (2) Section 243(h)(1) (8 U.S.C. 1253(h)(1)) is The PRESIDING OFFICER. The Sen- amended by inserting after ‘‘political opin- going to open the floodgates for people ator from Nevada. ion’’ the following: ‘‘or would be threatened seeking asylum on that basis, it will Mr. REID. Mr. President, I ask unan- with an act of female genital mutilation’’. not happen. Remember, most of the imous consent that the pending amend- (c) CRIMINAL CONDUCT.— people upon whom this procedure is ment be set aside so I can call up an (1) IN GENERAL.—Chapter 7 of title 18, Unit- performed are little girls. amendment that is now at the desk. I ed States Code, is amended by adding at the So we do not have to fear a wave of end the following new section: am not going to debate it for more immigrants coming and claiming this than a couple of minutes. § 116. Female genital mutilation as a basis for their coming here. But The PRESIDING OFFICER. Without ‘‘(a) Except as provided in subsection (b), the United States must take a stand objection, it is so ordered. whoever knowingly circumcises, excises, or and speak out against this horrid prac- infibulates the whole or any part of the labia tice. We must make it illegal and rec- AMENDMENT NO. 3865 TO AMENDMENT NO. 3743 majora or labia minora or clitoris of another (Purpose: To authorize asylum or refugee person who has not attained the age of 18 ognize it as basis for asylum. status, or the withholding of deportation, years shall be fined under this title or im- I ask for the yeas and nays on this for individuals who have been threatened prisoned not more than 5 years, or both. amendment. with an act of female genital mutilation) ‘‘(b) A surgical operation is not a violation The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, I send an of this section if the operation is— sufficient second? amendment to the desk and ask for its ‘‘(1) necessary to the health of the person Mr. SIMPSON. What is the status? immediate consideration. on whom it is performed, and is performed by Mr. REID. I say to my friend this, The PRESIDING OFFICER. The a person licensed in the place of its perform- and I should have said this earlier, be- ance as a medical practitioner; or clerk will report. ‘‘(2) performed on a person in labor or who fore I answered the Senator’s question. The legislative clerk read as follows: has just given birth and is performed for I appreciate the work on this immigra- The Senator from Nevada [Mr. REID], for medical purposes connected with that labor tion bill. I appreciate the work the himself, Ms. MOSELEY-BRAUN and Mr. SIMON, or birth by a person licensed in the place it Senator has done on helping me with April 30, 1996 CONGRESSIONAL RECORD — SENATE S4415 other amendments and a managers’ that is the United States of America. It seems to me that restoration of the amendment. I have worked with the We are going to vote on that soon. I did current law is desirable. Senator on this issue and on a number not vote to make English the official AMENDMENT NO. 3829, AS MODIFIED of different pieces of legislation. language of the United States when it Mr. KENNEDY. Mr. President, I had I asked for the yeas and nays on this came up years ago. I will do so now be- introduced earlier amendment 3829 amendment. cause I think there have been some ad- that is pending and has been tempo- Mr. SIMPSON. Mr. President, I have justments, some understandings that rarily set aside. I would like to—it is spent not so many years with people will be helpful. But this creates the im- not the minimum wage—I had actually telling me how helpful they can be, and pression that Spanish is, as I say, equal put that out of my mind for now. that is the most gratifying thing that I to English in this country. We should Mr. SIMPSON. It will come back. can hardly speak on it through the not mandate that our Government con- Mr. KENNEDY. It will come back. years. ‘‘I want to help you, Senator duct its business in any language other Mr. President, on 3829, the amend- SIMPSON.’’ But this amendment is not than English. ment which was to try to strengthen helpful. This is a very controversial It is in the INS’ interest to guarantee the protections for certain workers, I amendment. that the subject of a deportation order send to the desk a modification to the I share the Senator’s views about this understands its contents. I agree with amendment and ask, I believe since the brutal procedure. It is a cultural mat- that, having been a lawyer for 18 years. yeas and nays have been ordered, unan- ter. You get into serious issues that are Therefore—please hear this —the INS imous consent that it be in order to unresolvable. If we are to give the yeas does, and should, provide translations, amend the amendment and to amend it and nays, is the Senator indicating he or translators whenever necessary, and as designated. wishes that to be discussed or debated not just into Spanish, but into what- The PRESIDING OFFICER. Is their tonight? According to many I have spo- ever language is most appropriate. objection to modifying the amend- ken to, that will take a great deal of My colleagues should know section ment? Without objection, it is so ordered. debate. 164(a) does not impair the due process Mr. REID. Any time the Senator The amendment (No. 3829), as modi- rights of any alien in a deportation wishes. I have no desire as to when the fied, is as follows: proceeding—none. So, as I say, I am matter is discussed. On page 8, line 17, before the period insert Mr. SIMPSON. I then request of my puzzled at that, unless we are going to the following: ‘‘except that not more than friend, if he wishes to help the cause, ignore scores of other languages and 150 of the number of investigators authorized not request the yeas and nays, and we that is apparently what we would do in in this subparagraph shall be designated for will work tomorrow on a time appro- this instance. the purpose of carrying out the responsibil- Mr. KENNEDY. Mr. President, I see ities of the Secretary of Labor to conduct in- priate to deal with that issue. the Senator from California still on the vestigations, pursuant to a complaint or Mr. REID. That is fine. I withdraw based on receipt of credible material infor- the request for the yeas and nays. floor. As I understand it, current law is English and Spanish, but there is also mation, where there is reasonable cause to Mr. SIMPSON. I thank the Senator. believe that an employer has made a mis- Certainly, it will not be foreclosed. It the current practice of also printing representation of a material fact on a labor is a critical issue. It is also one of that in other languages that are relat- certification application under section those issues that opens some extraor- ed to the language of the individual 212(a)(5) of the Immigration and Nationality dinary avenues of approach in the that would be subject to the deporta- Act or has failed to comply with the terms United States. tion. That is my understanding of what and conditions of such an application’’. Mr. REID. I know the Senator wants currently exists. Mr. KENNEDY. Mr. President, as I to move this bill along. But I did state That seems to be the way that it understand it now, with those changes that Canada made this procedure a makes most sense. I do not know which had been suggested by my friend basis for asylum 3 years ago, and they whether we are trying to make a prob- and colleague, hopefully, it will be ac- have had two people granted asylum in lem here. I support the Senator. It is ceptable to the Senate. When we reach 3 years. my understanding they print it in the hour of 8 o’clock and we begin the Mr. SIMPSON. That is a very helpful other languages as necessary. I do not consideration, I will ask for a voice part of the central debate. My friend know whether we are making a prob- vote on this amendment. I will also ask knows I can trust him and he can trust lem here that does not exist. That hap- unanimous consent that a colloquy be- me. pens to be sort of the current situation. tween the Senator from Wyoming and Let me speak quickly on Senator I intend to support the Senator. myself be put in place. FEINSTEIN’s amendment with regard to Mrs. FEINSTEIN. Mr. President, just I thank the Senator for his assist- the fence. I think that that flexibility to respond very briefly to the Senator ance in working this through. I think may be appropriate. I have carried a from Massachusetts, the present act re- it is a very constructive suggestion, good deal of water on this. I do not see fers to this: Each order to show cause, and we welcome his recommendations. others here to speak on it. That flexi- or other notice in this subsection, shall Hopefully, it will be accepted in the bility may well be appropriate. But be printed in English and Spanish and Senate. with regard to the requirement of de- shall specify that the alien may be rep- Mr. SIMPSON. Mr. President, I be- portation notices in Spanish and Eng- resented by an attorney in deportation lieve there is one other possible objec- lish—and that is also the amendment proceedings, et cetera. tion on my side of the aisle with regard of the Senator from California—I would All we are putting back in is the ref- to that. I will have that information in oppose that amendment and let me erence to English and Spanish. The a few moments. With regard to the col- share just briefly why. real fact is that, if on the California loquy, it is perfectly appropriate for To require that all deportation no- border someone is going to get a depor- me. It resolves the issue. tices be in Spanish as well as English, tation notice, it really should be in I say to my friend from California—if when many deportees do not speak Spanish if one expects them to read it I might have the attention of my friend Spanish, but rather one of a score of and understand it. from California, Senator FEINSTEIN, if I other languages—Spanish is not the Mr. KENNEDY. If the Senator will could just have a moment with my language of all people we deport. We yield. As I understand it, the effect of friend from California, I commend her deport people from all over the world. the amendment is to restore current for her extraordinary work in this Many Spanish speakers do understand law. field. But what we are trying to avoid English. Many deportees do not speak Mrs. FEINSTEIN. That is correct. here by what we did in the bill is that Spanish and, as I say, it is a puzzle and Mr. KENNEDY. So supporting the the law does not give an option to put it is also wasteful. I also believe it is Senator’s amendment would effectively it in Spanish or English. The present important. It creates the impression restore the current law, which has been law says that it ‘‘shall be’’ in English that Spanish is equal to English in this well explained by the Senator from and Spanish. ‘‘Each order to show country. California. That permits the English, cause, or other notice under this sub- Spanish is not equal to English in Spanish, and also the language of the section, shall be in English and Span- this country as the common language individual that is going to be affected. ish,’’ which seems absurd when you are S4416 CONGRESSIONAL RECORD — SENATE April 30, 1996 presenting it to Chinese or someone The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Yes, they else. That is why we dropped it. ator from North Carolina. have been ordered. It was not so we could be sinister. It Mr. HELMS. I will agree if the Sen- VOTE ON AMENDMENT NO. 3816 is absolutely bizarre that someone ator will agree to have 10-minute votes The PRESIDING OFFICER. The from any other country on Earth, non- after the first one in the series that the question is on agreeing to amendment Spanish-speaking country, is presented unanimous-consent request would fol- No. 3816. The yeas and nays have been with this order in English and Spanish low. ordered. The clerk will call the roll. which is a waste of resources of the Mr. KENNEDY. Mr. President, that is The assistant legislative clerk called INS. Our provision would simply allow more than fine with me. That would be the roll. the translators and interpreters to be a decision I would leave to the major- Mr. LOTT. I announce that the Sen- there, and they would. They are there. ity, but it is more than fine with me. ator from Maine [Mr. COHEN] is nec- You can require that in any language Mr. SIMPSON. Let me say, Mr. Presi- essarily absent. of the dozens or hundreds of the world. dent, to my friend from North Caro- The PRESIDING OFFICER (Mr. That is what that was. It was a require- lina, it is perfectly appropriate with ASHCROFT). Are there any other Sen- ment. There was no option to it. me that every succeeding vote will be ators in the Chamber who desire to Mrs. FEINSTEIN. Will the Senator 10 minutes in duration. But I have a bit vote? The result was announced—yeas 32, yield for a question? of a problem with regard to the amend- nays 67, as follows: Mr. SIMPSON. Yes. ment, the first amendment of Senator [Rollcall Vote No. 96 Leg.] Mrs. FEINSTEIN. My concern is that FEINSTEIN. One of our Members who if this is removed from the bill, depor- would like to speak on that issue has YEAS—32 tation notices, particularly in Califor- been a great supporter of the amend- Akaka Ford Mikulski Biden Glenn Moseley-Braun nia, will go out in English only, and ment as it left the Judiciary Commit- Bingaman Graham Moynihan the great bulk of them go to Spanish. tee, and so I would ask that that sim- Bradley Harkin Murray So we are taking out the requirement ply not be part of the vote, and it is Breaux Inouye Pell that it be—just as the Senator said, not. We were going to possibly accept Byrd Kennedy Robb Conrad Kerrey Rockefeller and as I believe I read—in English and that, but there will be further debate Daschle Kerry Sarbanes Spanish, but we are replacing that with on that at least from one Member on Dodd Kohl Simon silence. My concern is that the silence our side. Dorgan Lautenberg Wellstone will be interpreted and in English only. So we will have four amendments to Feingold Leahy Therefore, we will have people who will vote on so that our colleagues will NAYS—67 not be able to read their notice. know the lay of the land. The first Abraham Frist McCain Mr. SIMPSON. Mr. President, I re- amendment is a Kennedy amendment Ashcroft Gorton McConnell Baucus Gramm Murkowski spectfully say that the INS has trans- to determine work eligibility of pro- Bennett Grams Nickles lators in each of these situations. spective employees. The second is a Bond Grassley Nunn There is a clear understanding because Simon amendment to adjust the defini- Boxer Gregg Pressler Brown Hatch Pryor a deportation notice is a serious issue, tion of ‘‘public charge.’’ The third is to Bryan Hatfield Reid and the current law requires—de- allocate a number of investigators with Bumpers Heflin Roth mands—and says ‘‘shall’’ even if the regard to complaints. Burns Helms Santorum alien does not speak Spanish. If the Now, that one we may get taken care Campbell Hollings Shelby Chafee Hutchison Simpson alien does speak Spanish, there is of with a colloquy. Coats Inhofe Smith someone there from the INS, and it And then the fourth one, and I would Cochran Jeffords Snowe does not matter what language. That ask unanimous consent that a vote Coverdell Johnston Specter occur with respect to the Feinstein Craig Kassebaum Stevens person is then provided with the trans- D’Amato Kempthorne Thomas lation and the translators to be certain amendment No. 3776 last in the se- DeWine Kyl Thompson that they heard what was said. quence under the same terms as pre- Dole Levin Thurmond If you remember the Medvid issue, viously entered. Domenici Lieberman Warner Exon Lott Wyden the Soviet ship jumper, we not only The PRESIDING OFFICER. The Faircloth Lugar had a person there speaking Russian; Chair would ask the Senator from Wyo- Feinstein Mack we had a person there speaking ming to withhold the unanimous-con- NOT VOTING—1 Ukraine. sent request until we act on the unani- Cohen That is what we do in this situation. mous-consent request of the Senator All we are saying is it seems rather from Massachusetts. So the amendment (No. 3816) was re- puzzling to know that, though we are Does the Senator from North Caro- jected. going to have deportees from the wide lina object? AMENDMENT NO. 3809 world over, we still then have pre- Mr. HELMS. I will object unless it is The PRESIDING OFFICER. On sented something that is printed in made clear in the unanimous-consent amendment No. 3809, there will now be English and Spanish regardless of who request that the first vote be 15 min- 2 minutes for debate equally divided. they are. utes and the succeeding three be 10 Mr. SIMPSON. May we have order, Mr. KENNEDY. Mr. President, I ask minutes each. please? The PRESIDING OFFICER. The Sen- unanimous consent that if a rollcall Mr. SIMPSON. Mr. President, I would ate will be in order. vote on amendment 3829 is required, it certainly add that. Mr. SIMPSON. Mr. President, so that occur following the series of votes that Mr. HELMS. Very well. In that case, our colleagues will know the procedure have already been ordered to begin at 8 I have no objection, Mr. President. and the schedule, we have three amend- o’clock. The PRESIDING OFFICER. Without ments with a 10-minute time agree- That is already part of the order? objection, it is so ordered. ment. One of those may be resolved The PRESIDING OFFICER. The vote Mr. SIMPSON. Mr. President, we within a few minutes. So the maximum will now occur on—— move fast. Let me just say that if will be three, unless the leader has Mr. KENNEDY addressed the Chair. someone on the other side of the aisle something further. The minimum will The PRESIDING OFFICER. The Sen- were late for the first 15-minute vote, be two. ator from Massachusetts. it might be a problem. It is not to me. Mr. President, now we are on the Mr. KENNEDY. I ask unanimous con- But let the record show that there is Simon amendment No. 3809 with 1 sent that we have 2 more minutes so also 2 minutes equally divided on each minute on each side. I yield to my that the floor manager can list the of these amendments, so that our col- friend, Senator SIMON. order of the various amendments for leagues will be aware of that. The PRESIDING OFFICER. The Sen- the information of the Members of the The PRESIDING OFFICER. Without ator from Illinois. Senate. objection, it is so ordered. Mr. SIMON. This is an amendment, Mr. HELMS. Reserving the right to Mr. KENNEDY. Mr. President, have my colleagues, that conforms the Sen- object, Mr. President. the yeas and nays been ordered on 3816? ate bill to the House bill for the basis April 30, 1996 CONGRESSIONAL RECORD — SENATE S4417 of deportation. Under the language Bumpers Gorton McConnell Mr. SIMPSON. I move to lay that Burns Gramm Murkowski that is now in the bill, without this Byrd Grams Nickles motion on the table. amendment, any kind of Federal assist- Campbell Grassley Pressler The motion to lay on the table was ance may be a basis for deportation if Coats Gregg Pryor agreed to. you receive it for 1 year. Cochran Hatch Reid Conrad Heflin Roth AMENDMENT NO. 3776 For example, a student who would Coverdell Helms Santorum The PRESIDING OFFICER. The get a student loan, where the sponsor Craig Hutchison Shelby pending question is amendment No. either had to have gone bankrupt or D’Amato Inhofe Simpson DeWine Johnston Smith 3776 offered by the Senator FEINSTEIN. did not have the income, together with Dole Kassebaum Snowe The yeas and nays have been ordered, the income of the family that came in, Domenici Kempthorne Specter and there will be 2 minutes of debate that would be a basis for deportation. Exon Kyl Stevens equally divided. If in rural Kentucky or Illinois some- Faircloth Lott Thomas Feinstein Lugar Thompson The Senator from California is recog- one got rural transportation for elderly Ford Mack Thurmond nized. and the disabled, that would be a basis Frist McCain Warner Mrs. FEINSTEIN. Mr. President, the for deportation. That just does not NOT VOTING—1 present law states that deportation no- make sense. We keep the AFDC, SSI, Cohen tices will be sent out in Spanish and food stamps, Medicaid, housing, and English. The bill coming out of com- The amendment (No. 3809) was re- State cash assistance. If you get any of mittee deletes this. So deportation no- jected. those for 1 year, you can be deported, tices would be sent out in English, es- Mr. KENNEDY. Mr. President, I but not any general Federal program. sentially. There is no requirement in Mr. SIMPSON addressed the Chair. move to reconsider the vote. Mr. SIMPSON. I move to lay that the law. The PRESIDING OFFICER. The Sen- motion on the table. What we would do in this amendment ator from Wyoming. The motion to lay on the table was is strike what is recommended and go Mr. SIMPSON. Mr. President, one of agreed to. back to present law, so that deporta- the improvements made by the bill is Mr. SIMPSON. Mr. President, there tion notices are required to be sent out in the definition of ‘‘public charge’’ and will not be a necessity for two more in Spanish and English. The reason is ‘‘affidavits of support.’’ The bill defines rollcall votes. Only one will be re- because the great majority of illegal ‘‘public charge’’ with reference to tax- quired. immigrants penetrating across the payer-funded assistance for which eli- Southwest border speak Spanish, and gibility is based on need. AMENDMENT NO 3829 the overwhelming bulk of them do not Mr. SIMPSON. Mr. President, it is Mr. President, I believe that this def- speak English. Therefore, when they my understanding that under the re- inition is quite consistent with the receive a deportation notice, they vised language the Department of general policy requiring self-suffi- should be able to read it. So we would Labor cannot initiate a compliance re- ciency of immigrants. Programs should retain the language of present law. view, random or otherwise, on its own not be limited to cash programs. The Mr. SIMPSON. Mr. President, to re- initiative. noncash programs are also a serious quire that all deportation notices be in If the Department of Labor receives burden on the taxpayers. If the immi- Spanish, as well as in English, when credible, material information giving grant uses such taxpayer-funded assist- many deportees do not speak Spanish it reasonable cause to believe that an ance, he or she is a public charge. How but rather one of other scores of lan- employer has made a misrepresenta- else should the term ‘‘public charge’’ guages, and many Spanish speakers do tion of a material fact on a labor cer- be defined than someone who has re- understand English, I think makes lit- tification application under section ceived needs-based taxpayer-funded as- tle sense. 212(a)(5) of the INA, or had failed to sistance? That person has not been I think you have to remember that it comply with the terms and conditions self-sufficient, as the American people is in the INS’s interest to guarantee of such an application, then the De- had a right to expect. that the subject of a deportation order partment of Labor may investigate understands what it is. Therefore, The PRESIDING OFFICER. The Sen- that complaint, but only that com- today, all the INS does is provide ator’s time has expired. plaint. translations, or translators, whenever The question is on agreeing to the The credible, material information necessary in any language, not just amendment No. 3809. The yeas and nays may come from any source outside the Spanish, but into whatever language is have been ordered. The clerk will call Department of Labor. most appropriate. That is the essence. the roll. Mr. KENNEDY. That is correct. So that we remove the word ‘‘shall.’’ It The legislative clerk proceeded to Mr. SIMPSON. I urge the amendment is difficult to have someone delivered a call the roll. be adopted. Mr. LOTT. I announced that the Sen- Mr. KENNEDY. Mr. President, I hope deportation notice in English or Span- ator from Maine [Mr. COHEN] is nec- we could have a voice vote on this ish when they are Chinese. There is no essarily absent. amendment. We have adjusted the requirement for it. They will be taken The PRESIDING OFFICER. Are there amendment to respond to some of the care of by the INS through all types of any other Senators in the Chamber de- concerns. deportation procedures, including siring to vote? Mr. SIMPSON. On behalf of our ma- translators. The result was announced—yeas 36, jority leader, I announce this will be The PRESIDING OFFICER. The nays 63, as follows: the last vote this evening. question is on agreeing to amendment No. 3776 offered by Senator FEINSTEIN. [Rollcall Vote No. 97 Leg.] Mr. KENNEDY. Mr. President, all The yeas and nays have been ordered. YEAS—36 this amendment does is provide equal treatment for the temporary workers The clerk will call the roll. Akaka Hatfield Mikulski The assistant legislative clerk called Bingaman Hollings Moseley-Braun and the permanent workers in terms of Bradley Inouye Moynihan the enforcement procedures. There has the roll. Breaux Jeffords Murray been a recent IG report outlining the Mr. LOTT. I announce that the Sen- Chafee Kennedy Nunn difficulties and complexity. We have ator from Maine [Mr. COHEN] is nec- Daschle Kerrey Pell essarily absent. Dodd Kerry Robb modified the amendment, and I would Dorgan Kohl Rockefeller hope that it would be adopted. The result was announced—yeas 42, Feingold Lautenberg Sarbanes The PRESIDING OFFICER. Without nays 57, as follows: Glenn Leahy Simon [Rollcall Vote No. 98 Leg.] Graham Levin Wellstone objection, the Senator’s amendment is Harkin Lieberman Wyden agreed to. YEAS—42 NAYS—63 So the amendment (No. 3829) was Abraham Breaux D’Amato agreed to. Akaka Bumpers Daschle Abraham Bennett Boxer Bingaman Byrd DeWine Ashcroft Biden Brown Mr. KENNEDY. Mr. President, I Boxer Conrad Dodd Baucus Bond Bryan move to reconsider the vote. S4418 CONGRESSIONAL RECORD — SENATE April 30, 1996 Domenici Johnston Murray Mr. KENNEDY addressed the Chair. However, there is one problem. Ward Feingold Kennedy Pell Feinstein Kerrey Robb The PRESIDING OFFICER. The Sen- Valley is Federal land. It is managed Ford Kerry Rockefeller ator from Massachusetts. by the Bureau of Land Management. Graham Kohl Sarbanes Mr. KENNEDY. I thank Senator The Southwestern Compact has re- Harkin Lautenberg Simon SIMPSON and our other colleagues for quested that Ward Valley be trans- Hatch Lieberman Snowe Hollings Mikulski Thompson their attention and for their coopera- ferred to the State of California. The Hutchison Moseley-Braun Wellstone tion during the day. We had several Clinton administration refuses to take Inouye Moynihan Wyden interruptions which were unavoidable. action. Instead, it has stalled—again, NAYS—57 We had an opportunity to debate sev- and again, and again. Ashcroft Frist Mack eral matters. First, the Secretary of the Interior Baucus Glenn McCain It does look like a sizable group re- ordered a Supplemental Environmental Bennett Gorton McConnell main. As of yesterday, there were 156 Impact Statement. Then, he ordered Biden Gramm Murkowski Bond Grams Nickles amendments, so we have disposed prob- the National Academy of Sciences to Bradley Grassley Nunn ably of 6 or 8 and we are down to 28. So perform a special report on the suit- Brown Gregg Pressler we are moving at least in the right di- ability of Ward Valley for waste stor- Bryan Hatfield Pryor rection. From my own knowledge from age. Each study presented the South- Burns Heflin Reid Campbell Helms Roth some of our colleagues, they have indi- western Compact with a clean bill of Chafee Inhofe Santorum cated a number of these are place hold- health for Ward Valley. Yet, the ad- Coats Jeffords Shelby ers. ministration still delays. Cochran Kassebaum Simpson Now, the administration has ordered Coverdell Kempthorne Smith We will have some very important Craig Kyl Specter measures to take up for debate tomor- additional studies on the effects of trit- Dole Leahy Stevens row, and we will look forward to that ium—studies the State of California al- Dorgan Levin Thomas and to a continuing effort to reach ac- ready intended to perform, but not Exon Lott Thurmond Faircloth Lugar Warner commodation on the areas where we until the land transfer was complete. can and to let the Senate speak to the Also, I would note, the National Acad- NOT VOTING—1 areas we cannot. emy of Sciences made no mention that Cohen Mr. President, I thank my colleague such studies should be a prerequisite to So the amendment (No. 3776) was re- and friend from Wyoming and all of our the land transfer. jected. staffs. We will look forward to address- Instead, the Academy believes that Mr. DOLE. Mr. President, I suggest ing these issues on tomorrow. this type of study should be ongoing— the absence of a quorum. I thank the Chair. conducted in conjunction with oper- The PRESIDING OFFICER. The I suggest the absence of a quorum. ation of the waste storage facility. Un- clerk will call the roll. The PRESIDING OFFICER. The fortunately, I suspect that even if Cali- The legislative clerk proceeded to clerk will call the roll. fornia gives in to demands and per- call the roll. forms these tests, the administration Mr. SIMPSON. Mr. President, I ask Mr. GRASSLEY. Mr. President, I ask will just think up new demands—any- unanimous consent that the order for unanimous consent that the order for thing to keep the Ward Valley waste the quorum call be rescinded. the quorum call be rescinded. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without site from becoming reality. So who benefits from these delays? objection, it is so ordered. objection, it is so ordered. Mr. SIMPSON. Mr. President, I f No one. This is yet one more example of the Clinton administration’s pander- thank all of my colleagues, especially MORNING BUSINESS Senator KENNEDY, my fellow floor man- ing to the environmental extremists— ager on that side of the aisle, for the Mr. GRASSLEY. Mr. President, for extremists intent on waging a war on extraordinary support and assistance the leader, I have several unanimous- the West. today in moving the issue along. consent requests. I ask unanimous con- Scientific evidence shows that Ward Now I am going to propound a unani- sent that there now be a period for the Valley is a safe location for low-level mous consent-request. I have shared transaction of morning business with radioactive waste storage. Neither pub- this with my fellow manager so that Senators permitted to speak up to 5 lic health nor the environment will be we might move tomorrow to what I minutes each. at risk. In fact, most of the waste to be think will be a conclusion hopefully of The PRESIDING OFFICER. Without stored at Ward Valley is nothing more this legislation, or at least a portion of objection, it is so ordered. than hospital gloves and other supplies it, a large portion of it. f which may have come in contact with radioactive elements used by I ask unanimous consent that the fol- WARD VALLEY lowing amendments be the only re- healthcare providers. maining amendments in order prior to Mr. PRESSLER. Mr. President, 16 By contrast, continued delays creates the vote on the Simpson amendment, years ago, we in Congress passed the risks—both to public health and the as amended, provided that all provi- Low-Level Radioactive Waste Policy environment. Currently, low-level sions of rule XXII remain in order not- Act. This bill gave the States the re- waste is simply stored on site—at hos- withstanding this agreement. And I sponsibility of developing permanent pitals, industries, or research institu- hereby state the amendments: Abra- repositories for this Nation’s low-level tions. In the four States of the South- ham, Abraham, DeWine, Bradley, Gra- nuclear waste. Now the Clinton admin- western Compact, there are over 800 ham, Graham, Graham, Graham—four istration wants to take away that au- low-level radioactive waste sites. These Graham amendments—Leahy, Bryan, thority. sites were not meant to be permanent Harkin, three Simpson amendments, For 8 years, South Dakota, as a facilities. Thus, there have been no en- Chafee, Hutchison, DeWine again, Gra- member of the Southwestern Compact, vironmental studies, no long-term ham, Gramm of Texas, Senator Simon along with North Dakota, Arizona and monitoring systems, nothing to guar- two, Senator Wellstone two, Senator California, has worked to fulfill its antee safe storage of the waste. Kennedy two, Reid, Robb, Feinstein duty to license a storage site. It did the With no regional low-level radio- No. 3777, Simpson No. 3853, and Simp- job. active waste storage sites available, son No. 3854. Ward Valley, CA is the first low-level South Dakota is forced to transport its Mr. KENNEDY addressed the Chair. waste site to be licensed in the Nation. low-level radioactive waste across the The PRESIDING OFFICER. The Sen- After countless scientific and environ- country to a disposal facility in Barn- ator from Massachusetts. mental studies and tests, the State of well, S.C. Mr. SIMPSON. Mr. President, I would California and the Nuclear Regulatory Clearly, the costs of transporting ask approval of that agreement. Commission approved Ward Valley as a this waste across the country are The PRESIDING OFFICER. Is there safe and effective place to store the great—from the monetary cost to the objection? The Chair hears none, and it Southwestern Compact’s low-level ra- waste generators, to the legal ramifica- is so ordered. dioactive waste. tions of transporting hazardous waste, April 30, 1996 CONGRESSIONAL RECORD — SENATE S4419 to the potential Superfund liability in- While I agree that the latest actions of the another Supplemental EIS before deciding curred by the State and the generators. U.S. Department of the Interior appear to upon the conditions for transfer. This is far too costly a price—one my confirm the notion that the Clinton Admin- Every person and organization which has anxiously followed California’s decade-long State can’t continue to bear. istration is trying to usurp the states’ duly delegated power to regulate low-level waste effort has concluded from this latest set of That is why, Mr. President, I am a disposal, I am still hoping the transfer can demands that the Clinton Administration cosponsor of legislation pending in the occur soon. If the delays by the Department has no intention of transferring land to Cali- Senate to convey Ward Valley to the of the Interior were to result in repeal of the fornia for our regional disposal facility. I State of California, and to allow the Low-Level Radioactive Waste Disposal Act cannot help but agree. There is no scientific construction of the Ward Valley low- and place the responsibility for trying to basis for further testing prior to construc- level radioactive waste storage site to manage this problem, in the federal govern- tion or legal requirement for a Supplemental continue unimpeded. The Senate En- ment, that would be a huge step backwards. EIS. These demands are purely political, and ergy and Natural Resources Committee Thank you again for your letter and for made for the sole purpose of delaying, if not your efforts on behalf of the entire state of terminating, the Ward Valley project. It is voted in favor of this bill. California and the other states in the South- This legislation is ready for Senate clear that, once these demands are met, western Compact to develop a responsible more demands will be made. In short, be- action. This legislation is necessary and safe disposal site for low-level waste. cause President Clinton doesn’t trust the only because politics got in the way of Sincerely, states to assume the obligations which Gov- good science. Transferring land such as WILLIAM J. JANKLOW, ernor Clinton asked Congress to give the Ward Valley is a common procedure for Governor. states, he has proven that the LLRW Policy the administration. However, because Act does not work. Faced with this lack of of a political fight waged by environ- SACRAMENTO, CA, political will to implement the policy he February 16, 1996. mental extremists, this conveyance has himself once supported, many now question Hon. WILLIAM J. JANKLOW, been held up for more than 2 years. the wisdom of expending further resources in Governor, State of South Dakota, Pierre, SD. a futile effort to further that policy. This fight, this continued delay, will DEAR BILL: As the host state for the South- The intransigence of the Clinton Adminis- continue unless Congress acts. western Low-Level Radioactive Waste Dis- tration in connection with the Ward Valley We have the opportunity to institute posal Compact, California has labored dili- land transfer leaves me few options as Gov- a rational approach to the process. By gently for ten years to establish a regional ernor of California. The Ward Valley site is approving this legislation, we can disposal facility in accordance with the fed- clearly the best site in California for LLRW allow the Southwestern Compact—and eral Low-Level Radioactive Waste (LLRW) disposal, a fact upon which my predecessor the rest of the States—to comply with Policy Act. This facility would serve genera- Governor Deukmejian and former President tors of LLRW in you state and the other Bush agreed. All other sites, including the the law we created. I urge my col- compact states. In the absence of this facil- leagues to support this legislation, and alternative site in the Silurian Valley, ity, these generators have no assured place present potential threats to public safety not to allow good science to prevail, rather to dispose of their LLRW. found at the Ward Valley site. The Silurian than politics. To fulfil its obligations, California care- Valley site is also located on federal land, Mr. President, I ask that correspond- fully screened the entire state for potential and there is no reason to believe that the ence between South Dakota Governor sites, evaluated candidates sites and selected Clinton Administration has any greater mo- Janklow and Gov. Pete Wilson of Cali- Ward Valley from those candidates as the tivation to transfer that site. fornia regarding the Ward Valley low- best site in California for the regional dis- Consequently, to continue the effort to es- level radioactive waste storage site be posal facility. Although the site is on federal tablish a regional disposal facility, Califor- land, the Bureau of Land Management has printed in the RECORD. nia would need to identify a site on pri- for about ten years now declared its intent vately-owned land which would be tech- There being no objection, the mate- to sell it to California. We identified a quali- rial was ordered to be printed in the nically inferior to Ward Valley and would be fied commercial operator to apply for a li- unlikely to license in accordance with Cali- RECORD, as follows: cense to construct and operate a facility at fornia’s and my own uncompromisingly high STATE OF SOUTH DAKOTA, that site, and took steps to acquire this land standards for the protection of public health Pierre, SD, April 2, 1996. from the federal government. We subjected and safety. For these reasons, I would per- Hon. PETE WILSON, the application for the license to a scru- sonally oppose identifying any other poten- Governor, State of California, State Capitol, pulous review to ensure that the facility tial disposal site in California. Sacramento, CA. would satisfy in every respect the health and Therefore, as Governor of California, I am DEAR GOVERNOR WILSON: Thank you for safety requirement established the Nuclear compelled to inform you that, because the your letter concerning the Southwestern Regulatory Commission. Clinton Administration has made compli- Low-Level Radioactive Waste Disposal Com- A comprehensive Environmental Impact ance with our obligations impossible, Cali- pact and the site of the facility in Ward Val- Report was prepared for the project, and an fornia will be unable to provide a regional ley. While the site in Ward Valley is cur- Environment Impact Statement (EIS) and disposal site for your state and the other rently owned by the federal Bureau of Land Supplemental EIS were prepared for the land states of the Compact during the tenure of Management, the bureau has for about 10 transfer. We subsequently became the first this president. California will continue to years declared its intent to sell to California. state to license a regional disposal facility seek title to the Ward Valley land, but will I, too, am concerned and upset with the under the LLRW Policy Act, and have suc- devote greater resources to a repeal of the continuing needless delays imposed by the cessfully concluded our defense of that li- LLRW Policy Act, and to the enactment of U.S. Department of the Interior on the Ward cense and related environmental documents federal legislation making the federal gov- Valley land transfer. California has made in the State courts. In short, California has ernment responsible for the disposal of tremendous efforts attempting to comply in good faith has done all it can to fulfil its LLRW. with the federal Low-Level Radioactive obligations to your state under the Compact The Department of the Interior has for- Waste Disposal Act and its Amendments. and federal law. mally announced that California’s LLRW While these efforts have resulted in the issu- The sole obstacle to the completion of this generators are not harmed by its inter- ance of the first license to construct a new project is the failure of the U.S. Department ference with the opening of the Ward Valley low-level disposal site in this nation’s recent of the Interior to transfer the Ward Valley LLRW disposal facility because they have history, implementation of this license has site to California. After abruptly canceling access to the disposal facility in Barnwell, been set back again and again by the federal the agreed-to transfer almost completed by South Carolina. Given the public safety government. If these delays cause our gen- former Secretary Manuel Lujan, Interior threat to the good citizens of South Caro- erators within the Southwestern Compact to Secretary Babbitt has created a series of pro- lina, and the additional costs and exposure ship wastes across the United States to cedural delays ostensibly based upon his own to liability to users, I find this suggestion Barnwell, South Carolina for disposal, I fully health and safety concerns. He demanded a questionable. Nevertheless, in order to make agree that the federal government must public hearing, then abruptly canceled it. He this an even marginally acceptable solution, comply with those stipulations you set forth asked the National Academy of Sciences I am calling upon the federal government to in your letter. (NAS) to review site opponents’ claims, then do all of the following: Study after study has shown the proposed ignored NAS conclusions that these claims Assume responsibility for assuring contin- facility at Ward Valley to be protective of are unfounded and that the site is safe. He ued access for all California generators of human health and environmentally safe. The has unreasonably and unlawfully demanded LLRW to Barnwell; U.S. Congress has it right the first time; the that California agree to continued Depart- Subsidize the amount of any transpor- Southwestern Compact can solve the prob- ment of the Interior oversight of the project tation costs to Barnwell which exceed trans- lem of disposal of the low-level radioactive after the transfer. Now, according to the at- portation costs to Ward Valley; wastes generated within its states. But, we tached press release, he intends to have the Ensure that California generators obtain can do it only if the federal government will Department of Energy conduct independent any necessary permits for transportation transfer the site and let us get on with it. testing at Ward Valley, and then will require across the United States and to Barnwell; S4420 CONGRESSIONAL RECORD — SENATE April 30, 1996 Indemnify California generators and trans- rection to this provision. Section 322 of Ambassador Gardner is rightly con- porters for any liability which might result the bill amends section 1222 of the 1985 cerned about the fervor of some to from the necessity to transport California farm bill to say that ‘‘No person shall slash our already small foreign policy waste from coast to coast; and most impor- be adversely affected because of having budget because of the simplistic view tantly; Hold California generators, including the taken an action based on a previous that the Nation’s foreign policy re- University of California and other state enti- certified wetland delineation by the quirements are less significant than ties, harmless from any federal or state Secretary. The delineation shall not be during the cold war. cleanup related (Superfund or CERCLA) li- subject to a subsequent wetland certifi- Ambassador Gardner emphasizes that ability which they might potentially incur cation or delineation by the Secretary, our foreign policy before the cold war as a result of using a waste facility which is unless requested by the person * * *. ’’ was ‘‘trying to create a world in which on a substantially less protective site than My concern is that this could read to the American people could be secure Ward Valley and which has already experi- allow the Department to change delin- and prosperous and see their deeply enced tritium migration to groundwater. eations that have not yet been cer- held values of political and economic If LLRW generators in your state have tified. I don’t argue with this, per se. I problems with storage or with use of Barn- freedom increasingly realized in other well similar to those of California genera- am sure there is a need for granting parts of the world.’’ He also reminds us tors, I urge you to join with me in demand- NRCS this authority in some specific that this is still the purpose of our for- ing similar relief. situations. eign policy. Sincerely, But again, I do not want a repeat of There is a tendency by some to sug- PETE WILSON. this situation in Iowa in 1994 and 1995. gest that there is a lesser need for a f Specifically, I do not want the NRCS to U.S. presence abroad, and that in an use this language to conduct a massive era of instantaneous information, a fax WETLANDS AND THE NEW FARM review of wetland delineations. This BILL machine is all we need to conduct for- will just cause further uncertainty and eign policy. As Ambassador Gardner Mr. GRASSLEY. Mr. President, I confusion in the farm community. It points out, however, our embassies would like to enter into a colloquy can only lead to ill will between our serve many important functions, not with the Senator from Indiana, Sen- farmers and the NRCS and should be least of which are to build bilateral and ator LUGAR, who is the chairman of the avoided at all cost. multilateral relationships for mutual Committee on Agriculture, Nutrition, Under the able leadership of Chair- benefit, serve as the eyes and ears of and Forestry and who was a manager of man LUGAR, we have made some very the President and the State Depart- the recent conference on H.R. 2854, the positive changes in the 1996 farm bill ment, and carry out U.S. policy objec- 1996 farm bill. that will lead to a more cooperative re- tives abroad. As Ambassador Gardner As the Senator from Indiana knows, lationship between farmers and the notes: ‘‘Things don’t happen just be- we had a problem in Iowa in 1994 and NRCS. I hope this progress will not be cause we say so. Discussion and persua- 1995 with the Natural Resources Con- undermined by the provision I men- sion are necessary. Diplomacy by fax servation Service delineating wetlands. tioned. simply doesn’t work.’’ Mr. LUGAR. Mr. President, we ex- It is my understanding that NRCS used The foreign policy budget of this pect that the Department of Agri- aerial photography and soil surveys to country is only about 1 percent of our culture will be mindful of the need to review prior wetland delineations. In total budget. Yet some in Congress pro- balance the very legitimate concerns most cases, NRCS found additional pose to reduce it even further. As Am- that the Senator from Iowa raises wetland acreage on the farmland sub- bassador Gardner states, further cuts today with the desires of producers for ject to this review. ‘‘will gravely undermine our ability to certainty in the identification of wet- This caused a lot of anxiety and un- influence foreign governments and will lands. In addition, the rights of produc- certainty for these landowners. They severely diminish our leadership role ers to appeal decisions should be pro- had accepted the initial delineation, in world affairs.’’ tected. The Agriculture Committee changed their farming practices ac- Global interdependence is a fact of will monitor developments as the De- cordingly and then, through no action life. The United States foreign policy is partment develops regulations to carry of their own, received a new, more ex- best served by actively engaging with out the provisions of the newly enacted pansive delineation. other nations, rather than reacting at farm bill, Public Law 104–127. I also en- The Senator will recall that because greater cost to events we don’t see courage my colleague from Iowa and of this situation I introduced a morato- coming because we are trying to con- all concerned parties to contribute rium on new delineations until passage duct foreign policy on the cheap. their input when the regulations are of the new farm bill. This moratorium Mr. President, I believe that my col- passed the Senate by unanimous con- put out for comment. In summary, while we realize that leagues will be interested in Ambas- sent and was later accepted by the De- some administrative formalities will be sador Gardner’s remarks and I ask partment of Agriculture. necessary to give producers certainty unanimous consent that his address be Mr. LUGAR. I would respond to my regarding the boundaries of wetlands, printed in the RECORD. friend from Iowa that I am fully aware we do not expect large-scale, wholesale There being no objection, the mate- of the situation that he refers to in his reviews of existing wetland determina- rial was ordered to be printed in the State. tions as a result of the new legislation. RECORD, as follows: Mr. GRASSLEY. I am concerned that WHO NEEDS AMBASSADORS? f a change made to the Conference Re- (By Richard N. Gardner) port shortly before it was filed in the WHO NEEDS AMBASSADORS? I was tremendously honored and pleased House may result in a similar situation Mr. KENNEDY. Mr. President, Rich- when Edith Weiss asked me to be the ban- occurring in the future. It is my under- ard N. Gardner, the U.S. Ambassador to quet speaker at this year’s ASIL meeting. standing that the Conference Commit- Spain, recently addressed the Amer- Honored because I know how many illus- tee intended to give farmers certainty trious statesmen and scholars have preceded ican Society of International Law on me in this role. Pleased because your invita- in dealing with wetlands. One way of the subject, ‘‘Who Needs Ambas- tion gives me the chance to return from my accomplishing this goal was to allow sadors?’’ diplomatic assignment in Madrid to be with prior delineations of wetlands to be Ambassador Gardner, who served in many old friends, such as my Columbia Law changed only upon request of the farm- the Department of State under Presi- School colleagues Oscar Schachter, Louis er. dent Kennedy, as Ambassador to Italy Henkin and Lori Damrosch, and with Presi- Mr. LUGAR. Mr. President, this is under President Carter, and now as dent Edie Weiss who took one of my semi- also my understanding. President Clinton’s Ambassador to nars some twenty years ago when she came Mr. GRASSLEY. After the conferees Spain, is among the Nation’s most to Columbia Law School as a Visiting Schol- ar. met, while the legislative language highly regarded experts on inter- Edie, your Presidency of this Society is a carrying out the various agreements national relations, and is uniquely splendid recognition of your achievements as was being finalized, the Department of qualified to answer this important teacher, public servant, and scholar. My con- Agriculture suggested a technical cor- question. gratulations also to Charles Brower, your April 30, 1996 CONGRESSIONAL RECORD — SENATE S4421 President-elect, one of the world’s leading that helped bring him to the realization that And because they understood that our na- experts in international arbitration, whose his country had to move from a policy based tional interest in the long run would best be service as Judge in the Iran-U.S. Claims Tri- on military threats to one of accommodation served by realizing the benefits of reciproc- bunal earned the admiration of us all. with the West. ity and stability only achievable through the This Society is now 90 years old. I came to So at the height of the Cold War, it did not development of international law. my first annual meeting when the Society take a genius to understand the need for Listening to much of our public debate, I was just half its present age—in 1951, to be strong U.S. leadership in the world and for sometimes think that all this history has exact. I was in my third year at Yale Law effective ambassadors and embassies in sup- been forgotten, that we are suffering from a School and had fallen under the hypnotic port of that leadership. kind of collective amnesia. I submit that the spell of Myres McDougal and Harold Today, however, there is no single unifying basic case for American world leadership Lasswell. My exposure to them and to the threat to help justify and define a world role today is essentially the same as it was before other ‘‘greats’’ of your 1951 meeting per- for the United States. As a result, we are the Cold War began. It is a very different suaded me to make a career in international witnessing devastating reductions in the world, of course, but the fact of our inter- law. I have never regretted this decision. State Department budget which covers the dependence remains. Obviously, in every Fourteen years after my first annual meet- cost of our embassies overseas. major respect, it has grown. ing, in 1965, you made me one of your two Hence the title of my speech tonight, ‘‘Who In his address to Freedom House last Octo- banquet speakers. The other banquet speaker Needs Ambassadors?’’ I am sure this audi- ber, President Clinton spelled out for Ameri- was Secretary of State Dean Rusk. Louis ence needs no lecture on the subject. But cans why a strong U.S. leadership role in the Sohn was the Toastmaster and explained to let’s face it—the world view of the people in world is intimately related to the quality of me that I was on the program in case the this room is not the world view of most their daily lives: Secretary of State didn’t show up. Americans. ‘‘The once bright line between domestic That did not in the least diminish my The constructive international engage- and foreign policy is blurring. If I could do pleasure in being on that podium. I delivered ment we all believe in will continue to be at anything to change the speech patterns of a brief summary of what I’m sure was a rath- risk until we all do a better job of explaining those of us in public life, I would almost like er too detailed lecture about U.N. decision- its financial requirements to the American to stop hearing people talk about foreign people and the Congress. making procedure and power realities. policy and domestic policy, and instead start Now that there is no longer a Soviet Union Secretary Rusk delivered his speech on discussing economic policy, security policy, and a Communist threat, what is our foreign Vietnam, which provoked a lively discussion policy all about? And what is the current environmental policy—you name it. period. I recall that one of the questions to ‘‘Our personal, family, and national secu- need for ambassadors and embassies? the Secretary was about the possible role of We need to give simple and understandable rity is affected by our policy on terrorism at fact-finding in the Vietnamese conflict. It answers to these questions, showing how for- home and abroad. Our personal, family and was asked by a young international lawyer eign policy and diplomacy impact on the val- national prosperity is affected by our policy named Thomas Franck. At the end of the ues, interests and daily lives of ordinary on market economics at home and abroad. evening Secretary Rusk asked me: ‘‘Who is Americans. in giving my own answers to- Our personal, family and national future is that young man? I think he’ll go far.’’ night, I’ll be saying many things you will affected by our policies on the environment When President Jimmy Carter appointed find obvious. But as Adlai Stevenson once at home and abroad. The common good at me U.S. ambassador to Italy, my son—then said: ‘‘Mankind needs repetition of the obvi- home is simply not separate from our efforts 13 years old—said, ‘‘Dad, you mean you’re ous more than elucidation of the obscure.’’ to advance the common good around the going to be ambassador to Italy, and also get This is particularly true in this new world of world. They must be one and the same if we paid for it?’’ Thanks to President Clinton, complexity and unprecedented change. are to be truly secure in the world of the 21st I’m now one of only three Americans in his- A common refrain heard today is that century.’’ tory who have been privileged to serve as American foreign policy lacks a single unify- What are the specific foreign policy prior- ambassador in both Rome and Madrid. I feel ing goal and a coherent strategy for achiev- ities in the Clinton Administration? In a re- very fortunate, indeed, to be in Madrid, al- ing it. But precisely because the post Cold cent speech at Harvard’s Kennedy School, though I’m also pleased that I am being paid War world is so complex, so rapidly evolving, Secretary of State Warren Christopher iden- for it. and characterized by so many diverse threats tified three to which we are giving special But I also come to you as a deeply troubled to our interests, it is difficult to encapsulate emphasis—pursuing peace in regions of vital ambassador. I am troubled by the lack of un- in one sentence or one paragraph a definition interest, confronting the new transnational derstanding in our country today about our of American foreign policy that has global security threats, and promoting open mar- foreign policy priorities and the vital role of application. kets and prosperity. our embassies in implementing them. I Perhaps we should start by recalling what The broad lines of American policy in sometimes think that what our ambassadors our foreign policy was all about before there these three priority areas are necessarily and embassies do is one of our country’s best was a Cold War. It was about trying to create hammered out in Washington. But our em- kept secrets. a world in which the American people could bassies constitute an essential part of the de- During the Cold War there was also confu- be secure and prosperous and see their deeply livery system through which those policies sion and ignorance, but at least there was bi- held values of political and economic free- are implemented in particular regions and partisan consensus on the need for American dom increasingly realized in other parts of countries. leadership in defending freedom in the world the world. Well, that is still the purpose of This includes not only such vital multilat- against Soviet aggression and the spread of our foreign policy today. eral embassies as our missions to the UN in totalitarian communism. Presidents Franklin Roosevelt and Harry New York, Geneva and Vienna, and to NATO Much of my work as ambassador to Italy Truman, with broad bipartisan support from and the European Union in Brussels, but also was dominated by this overriding priority. Republicans like Wendell Wilkie and Arthur our embassies in the more than 180 countries At a time when some Italian leaders were Vandenberg, sought to implement these high with which we maintain diplomatic rela- flirting with the compromesso storico—a purposes with a policy of practical inter- tions. government alliance between Christian nationalism, which I define as working with Americans have fallen into the habit of Democrats and an Italian Communist Party other countries in bilateral, regional and thinking that ambassadors and embassies still largely oriented toward Moscow—I was global institutions to advance common in- have become irrelevant luxuries, obsolete able to play a modest role in making sure terests in peace, welfare and human rights. frills in an age of instant communications. the Italians understood why the United Our postwar ‘‘founding fathers’’ in both po- We make the mistake of thinking that if a States opposed the entry of Communist par- litical parties understood the importance of sound foreign policy decision is approved at ties into the governments of NATO allies. military power and the need to act alone if the State Department or the White House, it When the Soviet Union began threatening necessary in defense of U.S. interests. But does not much matter how it is carried out Europe by deploying its SS–20 missiles, it they also gave us the United Nations, the in the field. was vitally important for NATO to respond Bretton Woods organizations, GATT, the This is a dangerous illusion indulged in by by deploying the Pershing 2 and cruise mis- Marshall Plan, NATO and the Point Four no other major country. Things don’t happen siles. It soon became clear that the deploy- program as indispensable instruments for just because we say so. Discussion and per- ment could not occur without a favorable de- achieving our national purposes in close co- suasion are necessary. Diplomacy by fax sim- cision by Italy. Our embassy in Rome was operation with others. ply doesn’t work. able to persuade an Italian Socialist Party Why did they do these things? Ambassadors today need to perform mul- with a history of hostility to NATO to do an Because they understood the growing tiple roles. They should be the ‘‘eyes and about-face and vote for the cruise missile de- interdependence between conditions in our ears’’ of the President and Secretary of ployment in the Italian Parliament along country and conditions in our global neigh- State; advocates of our country’s foreign pol- with the Christian Democrats and the small borhood. icy in the upper reaches of the host govern- non-communist lay parties. Because they understood that our best ment; resourceful negotiators in bilateral Some years later Mikhail Gorbachev said chance to shape the world environment to and multilateral diplomacy. They need to it was the NATO decision to deploy the Per- promote our national security and welfare build personal relationships of mutual trust shing and cruise missiles—not the Strategic was to share costs and risks with other na- with key overseas decision-makers in gov- Defense Initiative as some have claimed— tions in international institutions. ernment and the private sector. They should S4422 CONGRESSIONAL RECORD — SENATE April 30, 1996 also radiate American values as intellectual, And we are giving a new priority in our di- The IGC offers an opportunity to revise EU educational and cultural emissaries, commu- plomacy to the protection of the global envi- institutions and procedures so that a com- nicating what our country stands for to in- ronment, coordinating our negotiating posi- mon foreign and security policy can be made terest groups and intellectual leaders as well tions and assistance programs on such issues to work in an EU whose membership could as to the public at large. as population, climate change, ozone deple- grow from 15 to 27 in the decade ahead. We In a previous age of diplomacy, U.S. am- tion, desertification, and marine pollution. hope that opportunity will be seized. bassadors spent most of their time dealing For we have learned that environmental ini- What changes the IGC should make in the with bilateral issues between the United tiatives can be vitally important to our Maastricht Treaty is exclusively for the EU States and the host country. Bilateral issues goals of prosperity and security: negotia- countries to decide, but the United States is are still important—assuring access to host tions on water resources are central to the not indifferent to the outcome. We believe country military bases, promoting sales of Middle East peace process, and a Haiti our interests are served by continuing U.S. products, stimulating educational and denuded of its forests will have a hard time progress toward European political as well as cultural exchanges are some notable exam- supporting a stable democracy and keeping economic unity, which will make Europe a ples. And every embassy has the obligation its people from flooding our shores. more effective partner for the United States to report on and analyze political and eco- On the third priority: promoting open mar- in world affairs. nomic developments in the host country that kets and prosperity: I have tried to provide a sense of what U.S. may impact on U.S. interests. Having worked with out host countries to foreign policy is all about in 1996, especially But most of the work of our ambassadors bring a successful conclusion to the Uruguay in Europe, and of the critical role that am- and embassies today is devoted to regional Round, we are now busily engaged in discuss- bassadors and embassies play. I have chosen and global issues—indeed, to acting upon the ing left-over questions like market access examples from Europe both because Europe three key priorities identified by Secretary for audiovisuals, telecommunications, and plays a global role and because Europe is Christopher in his Kennedy School speech. bio-engineered foods, and new issues like currently my vantage point, but you would Let me give you some examples based on my trade and labor standards, trade and environ- undoubtedly learn about a rich menu of ac- experience in Madrid and with my fellow am- ment, and trade and competition policy. tivity from my ambassadorial colleagues in bassadors in Europe: We are also encouraging the enlargement other key regions of the world if they were On the first priority: pursuing peace in re- of the European Union to Central and East- here with us tonight. gions of vital interest: ern Europe and we are reporting carefully on The question that remains to be answered We are working with our host countries to the prospects of the European Monetary is whether the American people and the Con- fashion common policies on the continued Union by the target date of 1999 and on the gress are willing to provide the financial re- transformation of NATO, Partnership for implications of an EMU for U.S. interests. sources to make all this activity possible. You can see from this still incomplete Peace, NATO enlargement, and NATO-Russia The politics of our national budget situation catalogue of our activities that our embas- relations. has ominous implications for our foreign pol- sies in Europe are in a very real sense global After having secured host country support icy in general and our international diplo- embassies engaged on global as well as on bi- for the military and diplomatic measures macy in particular. lateral and regional problems. You might that brought an end to the fighting in Let us begin with some very round num- even say we are busy carrying out the for- Bosnia, we are now working to assure the bers. We have a Gross Domestic Product of eign policy of the president and the Sec- implementation of the civilian side of the about $7 trillion and a federal budget of Dayton Agreement, notably economic recon- retary of State from ‘‘platform Europe.’’ In carrying out this rich global foreign pol- about $1.6 trillion. Nearly $1.1 trillion of that struction, free elections, the resettlement of icy agenda we will be greatly assisted by the $1.6 trillion goes to mandatory payments— refugees, and the prosecution of war crimes. agreement that was reached in Madrid last the so-called entitlement programs such as We are working with host governments to December between President Clinton, Prime Medicare, Medicaid, and social security and restore momentum to the endangered Middle Minister Felipe Gonzalez and President also federal pensions and interest on the na- East peace process by mobilizing inter- Jacques Santer of the European Commission tional debt. The remaining $500 billion di- national action against the Hamas terrorists on the ‘‘New Transatlantic Agenda’’ and its vides about equally between the defense and their supporters, providing technical as- accompanying ‘‘U.S.-EU Action Plan.’’ budget and civilian discretionary spending— sistance and economic aid to the Palestinian These documents were a major achieve- which account for some $250 billion each. authority, encouraging the vital Syrian-Is- ment of Spain’s EU presidency. They rep- Of the $250 billion of civilian discretionary raeli negotiations, and promoting regional resent an historic breakthrough in U.S. rela- spending, about $20 billion used to be devoted Middle East economic development. tions with the European Union, moving on the average of years to international af- We have been consulting with key Euro- those relations beyond consultation to com- fairs—the so-called 150 account. This account pean governments such as Spain as well as mon action on almost all of the foreign pol- includes our assessed and voluntary pay- with the EU Commission in Brussels on how icy questions I cited earlier and many others ments to the UN, our bilateral aid and con- to achieve a peaceful transition to democ- I have no time to mention. tributions to the international financial in- racy in Cuba. A senior-level group from the United stitutions, the U.S. Information Agency’s Although they share this common objec- States, the European Commission and the broadcasting and educational exchange pro- tive, the Europeans generally oppose the EU Presidency country (currently Italy) is grams, and the State Department budget. U.S. embargo and the Helms-Burton legisla- responsible for monitoring progress on this Congressional spending cuts have now tion, while doing nothing to limit invest- large agenda and modifying it as necessary. brought the international affairs account ment in Cuba by their citizens. Our embas- Just as our embassy in Madrid had a spe- down to about $17 billion annually—about 1 sies are increasingly busy trying to promote cial role in U.S.-EU diplomacy during percent of our total budget. Taking inflation allied unity on measures that will increase Spain’s EU Presidency, Embassy Rome now into account, this $17 billion is nearly a 50 the pressure on Castro to end his repressive has special responsibilities. The action will percent reduction in real terms from the regime. pass to Embassy Dublin when Ireland takes level of a decade ago. For Fiscal Year 1997, On the second priority: confronting the the EU presidency in the second half of the the Congressional leadership proposes a cut new transnational threat: year. to $15.7 billion. Its 7-year plan to balance the Having worked successfully with our host The Madrid documents commit the U.S. budget would bring international affairs governments for the unconditional and in- and the EU to building a new ‘‘Transatlantic spending down to $12.5 billion a year by 2002. definite extension of the Non-Proliferation Marketplace.’’ We have agreed to undertake Keep in mind that about $5 billion of the Treaty—a major diplomatic achievement— a study on the reduction or elimination of 150 account goes to Israel and Egypt—rightly we are focusing now on building support for tariffs and non-tariff barriers between the so, in my opinion, because of the priority we a Comprehensive Test Ban Agreement, on two sides of the Atlantic. Even as the study accord to Middle East peace. So under the keeping weapons of mass destruction out of proceeds, we will be looking at things that Congressional balanced budget scenario only the hands of countries Like Iran, Iraq and can be done rather promptly, such as elimi- $7.5 billion would be left four years from now Libya, and on securing needed European fi- nating investment restrictions, duplicative for all of our other international spending. nancial contributions for the Korean Energy testing and certification requirement, and These actual and prospective cuts in our Development Organization, an essential ve- conflicting regulations. This means more international affairs account are devastat- hicle for terminating North Korea’s nuclear work not only in Brussels and Washington ing. Among other things, they mean: weapons program. but in each of our embassies. That we cannot pay our legally owing dues We are working to strengthen bilateral and We will also be following closely the EU’s to the United Nations system, thus severely multilateral arrangements to assure the Intergovernmental Conference (IGC) that is undermining the world organization’s work identification, extradition and prosecution now opening in Turin. The common foreign for peace and compromising our efforts for of persons engaged in drug trafficking, orga- and security policy provided for in the UN reform. nized crime, terrorism and alien smuggling, Maastricht Treaty is still a work in progress. That we cannot pay our fair share of vol- and we are building European support for Although the EU provides substantial eco- untary contributions to UN agencies and new institutions to train law enforcement of- nomic aid and takes important regional international financial institutions to assist ficers in former Communist countries, such trade initiatives, it has so far proved unable the world’s poor and promote free markets, as the International Law Enforcement Acad- to deal with urgent security crises like those economic growth, environmental protection emy in Budapest. in the former Yugoslavia and the Aegean. and population stabilization; April 30, 1996 CONGRESSIONAL RECORD — SENATE S4423 That we must drastically cut back the officers with experience and skills we can ill I don’t claim that ambassadors save the reach of the Voice of America and the size of afford to lose. world. But until our country can answer the our Fulbright and International Visitor pro- Under the pressure of Congressional budget question ‘‘Who needs ambassadors?’’—and grams, all of them important vehicles for in- cuts, the State Department is eliminating 13 who needs embassies—we will be heading for fluencing foreign opinion about the United diplomatic posts, including consulates in big trouble. States; such important European cities as Stuttgart, f That we will have insufficient funds to re- Zurich, Bilbao and Bordeaux. The Bordeaux spond to aid requirements in Bosnia, Haiti, Consulate dated back to the time of George MESSAGES FROM THE HOUSE the Middle East, the former Communist Washington. Try explaining to the French At 6:01 p.m., a message from the that we cannot afford a consulate there now countries and in any new crises where our House of Representatives, delivered by national interests are at stake; when we were able to afford one then when That we will have fewer and smaller offices we were a nation of 3 million people. Mr. Hays, one of its reading clerks, an- to respond to the 2 million requests we re- The consulates I have mentioned not only nounced that the House has passed the ceive each year for assistance to Americans provided important services to American following joint resolution, without overseas and to safeguard our borders residents and tourists, they were political amendment: through the visa process. lookout posts, export promotion platforms, S.J. Res. 53. Joint resolution making cor- And that we will be unable to maintain a and centers for interaction with regional rections to Public Law 104–134. world-class diplomatic establishment as the leaders in a Europe where regions are assum- f delivery vehicle for our foreign policy. ing growing importance. Now they will all be A final word on this critical last point. The gone. EXECUTIVE AND OTHER money which Congress makes available to Closing the 13 posts is estimated to save COMMUNICATIONS maintain the State Department and our about $9 million a year, one quarter of the overseas embassies and consulates is now cost of an F–16 fighter plane. Bilbao, for ex- The following communications were down to about $2.5 billion a year. As the ample, cost $200,000 a year. A B–2 bomber laid before the Senate, together with international affairs account continues to go costs about $2,000 million. I remind you that accompanying papers, reports, and doc- down, we face the prospect of further cuts. $2 billion pays nearly all the salaries and ex- uments, which were referred as indi- The budget crunch has been exacerbated by penses of running the State Department—in- cated: the need to find money to pay for our new cluding our foreign embassies—for a year. EC–2361. A communication from the Execu- embassies in the newly independent coun- Let us be clear about what is going on. The tive Director of the National Capital Plan- tries of the former Soviet Union. commendable desire to balance our national ning Commission, transmitting, pursuant to In our major European embassies, we have budget, the acute allergy of the American law, the annual report of the Inspector Gen- already reduced State Department positions people to tax increases (indeed, their desire eral for fiscal year 1995; to the Committee on by 25 percent since Fiscal Year 1995. We have for tax reductions), the explosion of entitle- Governmental Affairs. been told to prepare for cuts of 40 percent or ment costs with our aging population, and EC–2362. A communication from the Execu- more from the 1995 base over the next two or the need to maintain a strong national de- tive Director of the National Capital Plan- three years. fense, all combine to force a drastic curtail- ning Commission, transmitting, pursuant to In our Madrid embassy, to take an exam- ment of the civilian discretionary spending law, the report on the internal controls and ple, this will leave us with something like which is the principal public vehicle for do- financial systems in effect during fiscal year three political and three economic officers mestic and international investments essen- 1995; to the Committee on Governmental Af- besides the ambassador and deputy chief of tial to our country’s future. fairs. mission to perform our essential daily diplo- Having no effective constituency, spending EC–2363. A communication from the Chair- matic work of advocacy, representation and on international affairs is taking a particu- man of the Board of Governors of the Federal reporting in the broad range of vitally im- larly severe hit within the civilian discre- tionary account and with it the money need- Reserve System, transmitting, pursuant to portant areas I have enumerated. Our other ed for our diplomatic establishment. The law, the report under the Freedom of Infor- embassies face similarly devastating reduc- President and the Secretary of State are mation Act for calendar year 1995; to the tions. Committee on the Judiciary. I have to tell you that cuts of this mag- doing their best to correct this state of af- fairs, but they will need greater support EC–2364. A communication from the Assist- nitude will gravely undermine our ability to ant Secretary of State for Legislative Af- influence foreign governments and will se- from the Congress and the general public than has been manifest so far if this problem fairs, transmitting, pursuant to law, the re- verely diminish our leadership role in world is to be properly resolved. port on the budget summary for Inter- affairs. They will also have detrimental con- I submit that it will not be resolved until national Narcotics Control Program for fis- sequences for our intelligence capabilities there is a recognition that the international cal year 1996; to the Committee on the Judi- since embassy reporting is the critical overt affairs budget is in a very real sense a na- ciary. components of U.S. intelligence collection. tional security budget—because diplomacy is EC–2365. A communication from the Chief In expressing these concerns I believe I am our first line of national defense. The failure Justice of the Supreme Court, transmitting, representing the views of the overwhelming to build solid international relationships and pursuant to law, the report of amendments majority of our career and non-career am- treat the causes of conflict today will surely to the Federal Rules of Appellate Procedure; bassadors. mean costly military interventions tomor- to the Committee on the Judiciary. I know this conclusion will be greeted with row. EC–2366. A communication from the Chief incredulity by people who see hundreds of As a unique fraternity of international Justice of the Supreme Court, transmitting, people in each of our major embassies over- lawyers you know all this. I’m restating the pursuant to law, the report of amendments seas. What is not generally realized is that 80 obvious tonight because what is obvious to to the Federal Rules of Civil Procedure; to percent of more of these people are from us does not seem obvious to our body politic. the Committee on the Judiciary. agencies other than the State Department. And let’s not forget that you can’t advance EC–2367. A communication from the Chief They are from the Department of Defense, the cause of international law without inter- Justice of the Supreme Court, transmitting, Commerce and Agriculture, the Drug En- national diplomacy. pursuant to law, the report of amendments forcement Administration and the FBI, the Along with other constituencies adversely to the Federal Rules of Criminal Procedure; IRS and the Social Security Administration, affected by the hollowing out of our foreign to the Committee on the Judiciary. and so forth. And most of the 20 percent that affairs capability—businessmen, arms con- EC–2369. A communication from the Chair- is the reduced State Department component trollers, environmentalists, citizen groups man of the National Labor Relations Board, of the embassies is performing either con- concerned about human rights, disease, pov- transmitting, pursuant to law, the report sular work or administrative tasks in sup- erty, crime, drugs and terrorism—you must under the Freedom of Information Act for port of the largely non-State diplomatic mis- make your voices heard in the Congress and calendar year 1995; to the Committee on the sion. the mass media. Judiciary. Do not misunderstand me. The non-State I close this lugubrious discourse with a EC–2370. A communication from the Presi- component of an embassy is very important story. Danielle and I recently invited two dent of the Foundation of the Federal Bar to our overseas interests. But the agendas of bright third graders from the American Association, transmitting, pursuant to law, the non-State agencies are narrow and spe- School of Madrid to be overnight guests in the report of the audit for fiscal year 1995; to cialized. As the State Department compo- our residence. During dinner Danielle asked the Committee on the Judiciary. nent is slashed in relation to other agencies, one of them, a precocious little boy of 8, if he EC–2371. A communication from the Sec- it inevitably eviscerates our core diplomatic knew what ambassadors do. retary of Veterans’ Affairs, transmitting, mission and diminishes the capacity of an The little boy looked puzzled for a mo- pursuant to law, the report on the Montgom- ambassador to direct and coordinate the var- ment, then smiled and said, ‘‘Save the ery GI Bill for fiscal year 1995; to the Com- ied elements of his embassy in pursuit of a world.’’ mittee on Veterans’ Affairs. coherent foreign policy. Moreover, the dras- As you can imagine, I was pleased by that EC–2372. A communication from the Chief tic reduction in foreign service positions dis- answer. But then the little boy thought some of the Drug and Chemical Evaluation Sec- courages the entry of talented young people more and asked: ‘‘Just how do you save the tion of the Drug Enforcement Administra- and forces the selection out of many senior world?’’ tion, Department of Justice, transmitting, S4424 CONGRESSIONAL RECORD — SENATE April 30, 1996

pursuant to law, a notice of final rule regard- TEXT OF THE COMMITTEE-RECOMMENDED Weapons will be prepared, when the Conven- ing Manufacturer Reporting; to the Commit- RESOLUTION OF ADVICE AND CONSENT tion enters into force, to submit a plan for tee on the Judiciary. Resolved (two-thirds of the Senators present meeting the Organization’s full monitoring EC–2373. A communication from the Direc- concurring therein), That (a) the Senate ad- responsibilities that will include United tor of Communications and Legislative Af- vise and consent to the ratification of the States and Russian facilities as well as those fairs of the U.S. Equal Employment Oppor- Convention on the Prohibition of Develop- of other parties to the Convention. tunity Commission, transmitting, pursuant ment, Production, Stockpiling and Use of (4) NONCOMPLIANCE.—If the President de- to law, the annual report for fiscal year 1994; Chemical Weapons and on their Destruction, termines that a party to the Convention is in to the Committee on Labor and Human Re- opened for signature and signed by the Unit- violation of the Convention and that the ac- sources. ed States at Paris on January 13, 1993, in- tions of such party threaten the national se- EC–2374. A communication from the Sec- cluding the following annexes and associated curity interests of the United States, the retary of Health and Human Services, trans- documents, all such documents being inte- President shall— mitting, pursuant to law, a report under the gral parts of and collectively referred to in (A) consult with, and promptly submit a Low-Income Home Energy Assistance Act; to this resolution as the ‘‘Convention’’ (con- report to, the Senate detailing the effect of the Committee on Labor and Human Re- tained in Treaty Document 103–21), subject such actions on the Convention; sources. to the conditions of subsection (b) and the (B) seek on an urgent basis a meeting at EC–2375. A communication from the Sec- declarations of subsection (c): the highest diplomatic level with the Organi- retary of Health and Human Services, trans- (1) The Annex on Chemicals. zation for the Prohibition of Chemical Weap- mitting, pursuant to law, the report under (2) The Annex on Implementation and Ver- ons (in this resolution referred to as the ‘‘Or- the Developmental Disabilities Assistance ification (also known as the ‘‘Verification ganization’’) and the noncompliant party and Bill of Rights Act for fiscal year 1994; to Annex’’). with the objective of bringing the non- the Committee on Labor and Human Re- (3) The Annex on the Protection of Con- compliant party into compliance; sources. fidential Information (also known as the (C) in the event that a party to the Con- EC–2376. A communication from the Assist- ‘‘Confidentiality Annex’’). vention is determined not to be in compli- ant General Counsel for Regulations, Depart- (4) The Resolution Establishing the Pre- ance with the Convention, request consulta- ment of Education, transmitting, pursuant paratory Commission for the Organization tions with the Organization on whether to— to law, the report on the notice of final fund- for the Prohibition of Chemical Weapons. (i) restrict or suspend the noncompliant ing priorities for Jacob K. Javits Gifted and (5) The Text on the Establishment of a Pre- party’s rights and privileges under the Con- Talented Students Education Program; to paratory Commission. vention until the party complies with its ob- the Committee on Labor and Human Re- (b) CONDITIONS.—The advice and consent of ligations; sources. the Senate to the ratification of the Conven- (ii) recommend collective measures in con- EC–2377. A communication from the Assist- tion is subject to the following conditions, formity with international law; or ant General Counsel for Regulations, Depart- which shall be binding upon the President: (iii) bring the issue to the attention of the ment of Education, transmitting, pursuant (1) AMENDMENT CONFERENCES.—The United United Nations General Assembly and Secu- to law, the report on a notice relative to the States will be present and participate fully rity Council; and Challenge Grants for Technology in Edu- in all Amendment Conferences and will cast (D) in the event that noncompliance con- cation; to the Committee on Labor and its vote, either affirmatively or negatively, tinues, determine whether or not continued Human Resources. on all proposed amendments made at such adherence to the Convention is in the na- EC–2378. A communication from the Assist- conferences, to ensure that— tional security interests of the United States ant General Counsel for Regulations, Depart- (A) the United States has an opportunity and so inform the Senate. ment of Education, transmitting, pursuant to consider any and all amendments in ac- (5) FINANCING IMPLEMENTATION.—The Unit- to law, the report on the notice of final fund- cordance with its Constitutional processes; ed States understands that in order to ensure ing priorities for Fund for the Improvement and the commitment of Russia to destroy its of Education Program; to the Committee on (B) no amendment to the Convention en- chemical stockpiles, in the event that Russia Labor and Human Resources. ters into force without the approval of the ratifies the Convention, Russia must main- EC–2379. A communication from the Assist- United States. tain a substantial stake in financing the im- ant General Counsel for Regulations, Depart- (2) PRESIDENTIAL CERTIFICATION ON DATA plementation of the Convention. The costs of ment of Education, transmitting, pursuant DECLARATIONS.—(A) Not later than 10 days implementing the Convention should be to law, the report on a notice relative to the after the Convention enters into force, or not borne by all parties to the Convention. The Consortium Incentive Grants for fiscal year later than 10 days after the deposit of the deposit of the United States instrument of 1996; to the Committee on Labor and Human Russian instrument of ratification of the ratification of the Convention shall not be Resources. Convention, whichever is later, the President contingent upon the United States providing EC–2380. A communication from the Assist- shall either— financial guarantees to pay for implementa- ant General Counsel for Regulations, Depart- (i) certify to the Senate that Russia has tion of commitments by Russia or any other ment of Education, transmitting, pursuant complied satisfactorily with the data dec- party to the Convention. to law, the report on a notice relative to the laration requirements of the Wyoming (6) IMPLEMENTATION ARRANGEMENTS.—If the Vending Facility Program for the Blind on Memorandum of Understanding; or Convention does not enter into force or if the Federal and Other Property; to the Commit- (ii) submit to the Senate a report on appar- Convention comes into force with the United tee on Labor and Human Resources. ent discrepancies in Russia’s data under the States having ratified the Convention but f Wyoming Memorandum of Understanding with Russia having taken no action to ratify and the results of any bilateral discussions or accede to the Convention, then the Presi- REPORTS OF COMMITTEES regarding those discrepancies. dent shall, if he plans to implement reduc- The following reports of committees (B) For purposes of this paragraph, the tions of United States chemical forces as a term ‘‘Wyoming Memorandum of Under- matter of national policy or in a manner were submitted. standing’’ means the Memorandum of Under- consistent with the Convention— By Mr. SPECTER, from the Select Com- standing Between the Government of the (A) consult with the Senate regarding the mittee on Intelligence, without amendment: United States of America and the Govern- effect of such reductions on the national se- S. 1718. An original bill to authorize appro- ment of the Union of Soviet Socialist Repub- curity of the United States; and priations for fiscal year 1997 for intelligence lics Regarding a Bilateral Verification Ex- (B) take no action to reduce the United and intelligence-related activities of the periment and Data Exchange Related to Pro- States chemical stockpile at a pace faster United States Government, the Community hibition on Chemical Weapons, signed at than that currently planned and consistent Management Account, and for the Central Jackson Hole, Wyoming, on September 23, with the Convention until the President sub- Intelligence Agency Retirement and Disabil- 1989, mits to the Senate his determination that ity system, and for other purposes (Rept. No. (3) PRESIDENTIAL CERTIFICATION ON THE BI- such reductions are in the national security 104–258). LATERAL DESTRUCTION AGREEMENT.—Before interests of the United States. f the deposit of the United States instrument (7) PRESIDENTIAL CERTIFICATION AND RE- of ratification of the Convention, the Presi- PORT ON NATIONAL TECHNICAL MEANS.—Not EXECUTIVE REPORT OF A dent shall certify in writing to the Senate later than 90 days after the deposit of the COMMITTEE that— United States instrument of ratification of (A) a United States-Russian agreement on the Convention, the President shall certify The following executive report of a implementation of the Bilateral Destruction that the United States National Technical committee was reported on April 30, Agreement has been or will shortly be con- Means and the provisions of the Convention 1996: cluded, and that the verification procedures on verification of compliance, when viewed By Mr. HELMS, from the Committee on under that agreement will meet or exceed together, are sufficient to ensure effective Foreign Relations: those mandated by the Convention, or verification of compliance with the provi- Treaty Doc. 103–21 Treaty Convention on (B) the Technical Secretariat of the Orga- sions of the Convention. This certification Conventional Weapons. nization for the Prohibition of Chemical shall be accompanied by a report, which may April 30, 1996 CONGRESSIONAL RECORD — SENATE S4425 be supplemented by a classified annex, indi- spection assistant when the facts indicate United States and Russian obligations, or cating how the United States National Tech- that this person is likely to seek information those of any other country, under the Con- nical Means, including collection, processing to which the inspection team is not entitled vention, including the time frame for imple- and analytic resources, will be marshalled, or to mishandle information that the team mentation of the Convention, should be sub- together with the Convention’s verification obtains. mitted to the Senate for its advice and con- provisions, to ensure effective verification of (7) ASSISTANCE TO RUSSIA.—The Senate de- sent to ratification. compliance. Such certification and report clares that, if the United States provides (11) RIOT CONTROL AGENTS.—(A) The Sen- shall be submitted to the Committee on For- limited financial assistance for the destruc- ate, recognizing that the Convention’s prohi- eign Relations, the Committee on Appropria- tion of Russian chemical weapons, the Unit- bition on the use of riot control agents as a tions, the Committee on Armed Services, ed States should, in exchange for such assist- ‘‘method of warfare’’ precludes the use of and the Select Committee on Intelligence of ance, require Russia to destroy its chemical such agents against combatants, including the Senate. weapons stocks at a proportional rate to the use for humanitarian purposes where com- (c) DECLARATIONS.—The advice and consent destruction of United States chemical weap- batants and noncombatants intermingled, of the Senate to ratification of the Conven- ons stocks, and to take the action before the urges the President— tion is subject to the following declarations, Convention deadline. In addition, the Senate (i) to give high priority to continuing ef- which express the intent of the Senate: urges the President to request Russia to forts to develop effective nonchemical, non- (1) TREATY INTERPRETATION.—The Senate allow inspections of former military facili- lethal alternatives to riot control agents for affirms the applicability to all treaties of ties that have been converted to commercial use in situations where combatants and non- the constitutionally based principles of trea- production, given the possibility that these combatants are intermingled; and ty interpretation set forth in Condition (1) of plants could one day be reconverted to mili- (ii) to ensure that the United States ac- the Resolution of Ratification with respect tary use, and that any United States assist- tively participates with other parties to the to the INF Treaty, approved by the Senate ance for the destruction of the Russian Convention in any reassessment of the ap- on May 27, 1988. For purposes of this declara- chemical stockpile be apportioned according propriateness of the prohibition as it might tion, the term ‘‘INF Treaty’’ refers to the to Russia’s openness to these broad based in- apply to such situations as the rescue of Treaty Between the United States of Amer- spections. downed air crews and passengers and escap- ica and the Union of Soviet Socialist Repub- (8) EXPANDING CHEMICAL ARSENALS IN COUN- ing prisoners or in situations in which civil- lics on the Elimination of Their Intermedi- TRIES NOT PARTY TO THE CHEMICAL WEAPONS ians are being used to mask or screen at- ate-Range and Shorter Range Missiles, to- CONVENTION.—It is the sense of the Senate tacks. gether with the related memorandum of un- that, if during the time the Convention re- (B) For purposes of this paragraph, the derstanding and protocols, approved by the mains in force the President determines that term ‘‘riot control agents’’ is used within the Senate on May 27, 1988. there has been an expansion of the chemical meaning of Article II(4) of the Convention. (2) FURTHER ARMS REDUCTION OBLIGA- weapons arsenals of any country not a party f TIONS.—The Senate declares its intention to to the Convention so as to jeopardize the su- consider for approval international agree- preme national interests of the United INTRODUCTION OF BILLS AND ments that would obligate the United States States, then the President should consult on JOINT RESOLUTIONS to reduce or limit the Armed Forces or ar- an urgent basis with the Senate to determine maments of the United States in a militarily whether adherence to the Convention re- The following bills and joint resolu- significant manner only pursuant to the mains in the national interest of the United tions were introduced, read the first treaty power set forth in Article II, Section States. and second time by unanimous con- 2, Clause 2 of the Constitution. (9) COMPLIANCE.—Concerned by the clear sent, and referred as indicated: (3) RETALIATORY POLICY.—The Senate de- pattern of Soviet noncompliance with arms clares that the United States should strong- By Mr. AKAKA: control agreements and continued cases of S. 1717. A bill for the relief of Dona H. ly reiterate its retaliatory policy that the noncompliance by Russia, the Senate de- Shibata; to the Committee on Armed Serv- use of chemical weapons against United clares the following: ices. States military forces or civilians would re- (A) The Convention is in the interest of the By Mr. SPECTER: sult in an overwhelming and devastating re- United States only if the both the United S. 1718. An original bill to authorize appro- sponse, which may include the whole range States and Russia, among others, are in priations for fiscal year 1997 for intelligence of available weaponry. strict compliance with the terms of the Con- and intelligence-related activities of the U.S. (4) CHEMICAL DEFENSE PROGRAM.—The Sen- vention as submitted to the Senate for its Government, the Community Management ate declares that ratification of the Conven- advice and consent to ratification, such com- Account, and for the Central Intelligence tion will not obviate the need for a robust, pliance being measured by performance and Agency Retirement and Disability System, adequately funded chemical defense pro- not by efforts, intentions, or commitments and for other purposes; from the Select Com- gram, together with improved national intel- to comply. mittee on Intelligence; placed on the cal- ligence capabilities in the nonproliferation (B)(i) Given its concern about compliance endar. area, maintenance of an effective deterrent issues, the Senate expects the President to f through capable conventional forces, trade- offer regular briefings, but not less than sev- enabling export controls, and other capabili- eral times a year, to the Committees on For- SUBMISSION OF CONCURRENT AND ties. In giving its advice and consent to rati- eign Relations and Armed Services and the SENATE RESOLUTIONS fication of the Convention, the Senate does Select Committee on Intelligence of the Sen- so with full appreciation that the entry into ate on compliance issues related to the Con- The following concurrent resolutions force of the Convention enhances the respon- vention. Such briefings shall include a de- and Senate resolutions were read, and sibility of the Senate to ensure that the scription of all United States efforts in dip- referred (or acted upon), as indicated: United States continues an effective and ade- lomatic channels and bilateral as well as the By Mr. D’AMATO (for himself, Mr. quately funded chemical defense program. multilateral Organization fora to resolve the DOLE, Mr. MCCONNELL, Mr. NICKLES, The Senate further declares that the United compliance issues and shall include, but Mr. MURKOWSKI, and Mr. HATCH): States should continue to develop theater would not necessarily be limited to a de- S. Res. 253. A resolution urging the deten- missile defense to intercept ballistic missiles scription of— tion and extradition to the United States by that might carry chemical weapons and (I) any compliance issues, other than those the appropriate foreign government of Mo- should enhance defenses of the United States requiring challenge inspections, that the hammed Abbas for the murder of Leon Armed Forces against the use of chemical United States plans to raise with the Organi- Klinghoffer; considered and agreed to. weapons in the field. zation; and f (5) ENFORCEMENT POLICY.—The Senate (II) any compliance issues raised at the Or- urges the President to pursue compliance ganization, within 30 days. ADDITIONAL COSPONSORS questions under the Convention vigorously (ii) Any Presidential determination that S. 386 and to seek international sanctions if a Russia is in noncompliance with the Conven- party to the Convention does not comply tion shall be transmitted to the committees At the request of Mr. MCCONNELL, with the Convention, including the ‘‘obliga- specified in clause (i) within 30 days of such the name of the Senator from Indiana tion to make every reasonable effort to dem- a determination, together with a written re- [Mr. LUGAR] was added as a cosponsor onstrate its compliance with this Conven- port, including an unclassified summary, ex- of S. 386, a bill to amend the Internal tion’’, pursuant to paragraph 11 of Article plaining why it is in the national security Revenue Code of 1986 to provide for the IX. It should not be necessary to prove the interests of the United States to continue as tax-free treatment of education savings noncompliance of a party to the Convention a party to the Convention. accounts established through certain before the United States raises issues bilat- (10) SUBMISSION OF FUTURE AGREEMENTS AS State programs, and for other pur- erally or in appropriate international fora TREATIES.—The Senate declares that after and takes appropriate actions. the Senate gives its advice and consent to poses. (6) APPROVAL OF INSPECTORS.—The Senate ratification of the Convention, any agree- S. 491 expects that the United States will exercise ment or understanding which in any mate- At the request of Mr. BREAUX, the its right to reject a proposed inspector or in- rial way modifies, amends, or reinterprets name of the Senator from Vermont S4426 CONGRESSIONAL RECORD — SENATE April 30, 1996

[Mr. LEAHY] was added as a cosponsor of S. 1624, a bill to reauthorize the Hate S. RES. 253 of S. 491, a bill to amend title XVIII of Crime Statistics Act, and for other Whereas, Mohammed Abbas, alias Abu the Social Security Act to provide cov- purposes. Abbas, was convicted by a Genoan Court in June 1986 and sentenced to life in prison, in erage of outpatient self-management S. 1628 absentia, for ‘‘kidnapping for terrorist ends training services under part B of the ROWN At the request of Mr. B , the that caused the killing of a person’ for his medicare program for individuals with name of the Senator from Montana role in the death of an American citizen, diabetes. [Mr. BURNS] was added as a cosponsor Leon Klinghoffer; S. 1035 of S. 1628, a bill to amend title 17, Unit- Whereas, a report from the Italian mag- At the request of Mr. DASCHLE, the ed States Code, relating to the copy- istrate who tried the case against Abbas name of the Senator from Montana right interests of certain musical per- stated that the evidence was ‘‘multiple, un- formances, and for other purposes. equivocal, and overwhelming’’ and that his [Mr. BAUCUS] was added as a cosponsor actions in training and financing for this op- AMENDMENT NO. 3738 of S. 1035, a bill to permit an individual eration, and in choosing the target, as well to be treated by a health care practi- At the request of Mr. ABRAHAM, the as in planning the escape, made Abbas guilty tioner with any method of medical name of the Senator from Delaware of the murder; treatment such individual requests, [Mr. ROTH] was added as a cosponsor of Whereas, a warrant for Abbas’ arrest was and for other purposes. amendment No. 3738 intended to be pro- unsealed in October 1985 charging him with hijacking, and a bounty of $250,000 was of- S. 1150 posed to S. 1664, an original bill to fered for his arrest; At the request of Mr. SANTORUM, the amend the Immigration and National- ity Act to increase control over immi- Whereas, the Justice Department felt that name of the Senator from New Mexico it did not have the evidence to convict him, gration to the United States by in- [Mr. BINGAMAN] was added as a cospon- and citing the conviction, albeit in absentia sor of S. 1150, a bill to require the Sec- creasing border patrol and investiga- by the Italian authorities, canceled the war- retary of the Treasury to mint coins in tive personnel and detention facilities, rant for his arrest in January 1988; improving the system used by employ- Whereas, at an April 1996 meeting of the commemoration of the 50th anniver- Palestine National Council in Gaza, Abbas sary of the Marshall Plan and George ers to verify citizenship or work-au- thorized alien status, increasing pen- described the killing as ‘‘a mistake’’ and Catlett Marshall. alties for alien smuggling and docu- that Mr. Klinghoffer was killed because he S. 1183 ment fraud, and reforming asylum, ex- ‘‘had started to incite the passengers against [the kidnappers]’’; At the request of Mr. HATFIELD, the clusion, and deportation law and proce- name of the Senator from Oregon [Mr. Now, Therefore, be it Resolved, That it is dures; to reduce the use of welfare by the sense of the Senate that the Attorney WYDEN] was added as a cosponsor of S. aliens; and for other purposes. General should seek, from the appropriate 1183, a bill to amend the Act of March AMENDMENT NO. 3760 foreign government, the detention and extra- 3, 1931 (known as the Davis-Bacon Act), At the request of Mr. LIEBERMAN, his dition to the United States of Mohammed to revise the standards for coverage name was added as a cosponsor of Abbas (also known as Abu Abbas) for the under the Act, and for other purposes. amendment No. 3760 proposed to S. murder of Leon Klinghoffer in October 1985 S. 1271 during the hijacking of the vessel Achille 1664, an original bill to amend the Im- Lauro. At the request of Mr. CRAIG, the migration and Nationality Act to in- f name of the Senator from Pennsylva- crease control over immigration to the nia [Mr. SPECTER] was added as a co- United States by increasing border pa- AMENDMENTS SUBMITTED sponsor of S. 1271, a bill to amend the trol and investigative personnel and Nuclear Waste Policy Act of 1982. detention facilities, improving the sys- THE IMMIGRATION CONTROL AND S. 1397 tem used by employers to verify citi- FINANCIAL RESPONSIBILITY ACT At the request of Mr. KYL, the name zenship or work-authorized alien sta- OF 1996 of the Senator from Indiana [Mr. tus, increasing penalties for alien LUGAR] was added as a cosponsor of S. smuggling and document fraud, and re- 1397, a bill to provide for State control forming asylum, exclusion, and depor- FEINSTEIN AMENDMENT NO. 3867 over fair housing matters, and for tation law and procedures; to reduce the use of welfare by aliens; and for (Ordered to lie on the table.) other purposes. Mrs. FEINSTEIN submitted an other purposes. S. 1505 amendment intended to be proposed by At the request of Mr. LOTT, the name AMENDMENT NO. 3865 her to the bill (S. 1664) to amend the of the Senator from South Dakota [Mr. At the request of Mr. REID, the Immigration and Nationality Act to in- PRESSLER] was added as a cosponsor of names of the Senator from Illinois [Ms. crease control over immigration to the S. 1505, a bill to reduce risk to public MOSELEY-BRAUN] and the Senator from United States by increasing Border Pa- safety and the environment associated Illinois [Mr. SIMON] were added as co- trol and investigative personnel and with pipeline transportation of natural sponsors of amendment No. 3865 pro- detention facilities, improving the sys- gas and hazardous liquids, and for posed to S. 1664, an original bill to tem used by employers to verify citi- other purposes. amend the Immigration and National- zenship or work-authorized alien sta- ity Act to increase control over immi- S. 1610 tus, increasing penalties for alien gration to the United States by in- At the request of Mr. BOND, the name smuggling and document fraud, and re- of the Senator from Kansas [Mrs. creasing border patrol and investiga- forming, asylum, exclusion, and depor- tive personnel and detention facilities, KASSEBAUM] was added as a cosponsor tation law and procedures; to reduce of S. 1610, a bill to amend the Internal improving the system used by employ- the use of welfare by aliens; and for Revenue Code of 1986 to clarify the ers to verify citizenship or work-au- other purposes; as follows: thorized alien status, increasing pen- standards used for determining wheth- AMENDMENT NO. 3867 er individuals are not employees. alties for alien smuggling and docu- ment fraud, and reforming asylum, ex- Beginning on page 99, strike line 10 and all S. 1623 clusion, and deportation law and proce- that follows through line 13. At the request of Mr. WARNER, the dures; to reduce the use of welfare by names of the Senator from Maryland aliens; and for other purposes. FEINSTEIN (AND BOXER) [Ms. MIKULSKI] and the Senator from AMENDMENT NO. 3868 f Massachusetts [Mr. KENNEDY] were (Ordered to lie on the table.) added as cosponsors of S. 1623, a bill to SENATE RESOLUTION 253—REL- Mrs. FEINSTEIN (for herself and establish a National Tourism Board ATIVE TO THE MURDER OF LEON Mrs. BOXER) submitted an amendment and a National Tourism Organization, KLINGHOFFER intended to be proposed by them to the and for other purposes. Mr. D’AMATO (for himself, Mr. DOLE, bill S. 1664, supra; as follows: S. 1624 Mr. MCCONNELL, Mr. NICKLES, Mr. AMENDMENT NO. 3868 At the request of Mr. HATCH, the MURKOWSKI, and Mr. HATCH) submitted Beginning on page 10, strike line 18 and all name of the Senator from Vermont the following resolution; which was that follows through line 13 on page 11 and [Mr. LEAHY] was added as a cosponsor considered and agreed to: insert the following: April 30, 1996 CONGRESSIONAL RECORD — SENATE S4427

SEC. 108 CONSTRUCTION OF PHYSICAL BAR- amended by section 202(a) of this Act, not (2) FEDERAL POVERTY LINE.—The term RIERS, DEPLOYMENT OF TECH- less than $2,000 or more than $5,000. ‘‘Federal poverty line’’ means the level of in- NOLOGY, AND IMPROVEMENTS TO (d) REIMBURSEMENT OF GOVERNMENT EX- come equal to the official poverty line (as ROADS IN THE BORDER AREA NEAR PENSES.— defined by the Director of the Office of Man- SAN DIEGO, CALIFORNIA. (1) IN GENERAL.— agement and Budget, as revised annually by There are authorized to be appropriated (A) REQUEST FOR REIMBURSEMENT.—Upon the Secretary of Health and Human Services, funds not to exceed $12,000,000 for the con- notification that a sponsored individual has in accordance with section 673(2) of the Om- struction, expansion, improvement, or de- received any benefit described in section nibus Budget Reconciliation Act of 1981 (42 ployment of physical barriers (including 241(a)(5)(D) of the Immigration and National- U.S.C. 9902)) that is applicable to a family of multiple fencing and bollard style concrete ity Act, as amended by section 202(a) of this the size involved. columns as appropriate), all-weather roads, Act, the appropriate Federal, State, or local (3) QUALIFYING QUARTER.—The term ‘‘quali- low light television systems, lighting, sen- official shall request reimbursement from fying quarter’’ means a three-month in sors, and other technologies along the inter- the sponsor for the amount of such assist- which the sponsored individual has— national land border between the United ance. (A) earned at least the minimum necessary States and Mexico south of San Diego, Cali- (B) REGULATIONS.—The Commissioner of for the period to count as one of the 40 quar- fornia for the purpose of detecting and deter- Social Security shall prescribe such regula- ters required to qualify for social security ring unlawful entry across the border. tions as may be necessary to carry out sub- retirement benefits; Amounts appropriated under this section are paragraph (A). Such regulations shall pro- (B) not received need-based public assist- authorized to remain available until ex- vide that notification be sent to the spon- ance; and pended. sor’s last known address by certified mail. (C) had income tax liability for the tax (2) ACTION AGAINST SPONSOR.—If within 45 year of which the period was part. FEINSTEIN AMENDMENTS NOS. days after requesting reimbursement, the ap- (4) APPROPRIATE COURT.—The term ‘‘appro- 3869–3870 propriate Federal, State, or local agency has priate court’’ means— (Ordered to lie on the table.) not received a response from the sponsor in- (A) a Federal court, in the case of an ac- Mrs. FEINSTEIN submitted two dicating a willingness to make payments, an tion for reimbursement of benefits provided action may be brought against the sponsor or funded, in whole or in part, by the Federal amendments intended to be proposed pursuant to the affidavit of support. Government; and by her to the bill S. 1664, supra; as fol- (3) FAILURE TO MEET REPAYMENT TERMS.—If (B) a State court, in the case of an action lows: the sponsor agrees to make payments, but for reimbursement of benefits provided under AMENDMENT NO. 3869 fails to abide by the repayment terms estab- a State or local program of assistance. On page 198, between lines 4 and 5, insert lished by the agency, the agency may, within the following: 60 days of such failure, bring an action SIMPSON AMENDMENT NO. 3871 (g) SPONSOR’S SOCIAL SECURITY ACCOUNT against the sponsor pursuant to the affidavit NUMBER REQUIRED TO BE PROVIDED.—(1) of support. Mr. SIMPSON proposed an amend- Each affidavit of support shall include the (e) JURISDICTION.— ment to amendment No. 3743 proposed social security account number of the spon- (1) IN GENERAL.—An action to enforce an by him to the bill S. 1664, supra; as fol- sor. affidavit of support executed under sub- lows: section (a) may be brought against the spon- (2) The Attorney General, in consultation Section 204(a) is amended to read as fol- sor in any appropriate court— with the Secretary of State, shall develop an lows: (A) by a sponsored individual, with respect automated system to maintain the data of (a) DEEMING REQUIREMENT FOR FEDERAL to financial support; or social security account numbers provided AND FEDERALLY FUNDED PROGRAMS.—Subject (B) by a Federal, State, or local agency, under paragraph (1). to subsection (d), for purposes of determining with respect to reimbursement. (3) The Attorney General shall submit an the eligibility of an alien for benefits, and (2) COURT MAY NOT DECLINE TO HEAR CASE.— annual report to the Congress setting forth the amount of benefits, under any Federal for the most recent fiscal year for which For purposes of this section, no appropriate court shall decline for lack of subject matter program of assistance, or any program of as- data are available— sistance funded in whole or in part by the (A) the number of sponsors under this sec- or personal jurisdiction to hear any action brought against a sponsor under paragraph Federal Government, for which eligibility tion and the number of sponsors in compli- for benefits is based on need, the income and ance with the financial obligations of this (1) if— (A) the sponsored individual is a resident resources described in subsection (b) shall, section; and notwithstanding any other provision of law, (B) a comparison of the data set forth of the State in which the court is located, or received public assistance while residing in be deemed to be the income and resources of under subparagraph (A) with similar data for such alien. the preceding fiscal year. the State; and (B) such sponsor has received service of AMENDMENT NO. 3870 process in accordance with applicable law. WELLSTONE AMENDMENT NO. 3872 Beginning on page 193, strike line 1 and all (f) DEFINITIONS.—For purposes of this sec- (Ordered to lie on the table.) tion— that follows through line 4 on page 198 and Mr. WELLSTONE submitted an insert the following: (1) SPONSOR.—The term ‘‘sponsor’’ means an individual who— amendment intended to be proposed by (3) in which the sponsor agrees to submit him to the bill S. 1664, supra; as fol- to the jurisdiction of any appropriate court (A) is a United States citizen or national for the purpose of actions brought under sub- or an alien who is lawfully admitted to the lows: section (d) or (e). United States for permanent residence; At the appropriate place, insert the follow- (B) is at least 18 years of age; (b) FORMS.—Not later than 90 days after ing: (C) is domiciled in any of the several the date of the enactment of this Act, the SEC. . TREATMENT OF CERTAIN ALIENS WHO Secretary of State, the Attorney General, States of the United States, the District of SERVED WITH SPECIAL GUERRILLA and the Secretary of Health and Human Columbia, or any territory or possession of UNITS IN LAOS. Services shall jointly formulate the affidavit the United States; and (a) WAIVER OF ENGLISH LANGUAGE REQUIRE- of support described in this section. (D) demonstrates the means to maintain MENT FOR CERTAIN ALIENS WHO SERVED WITH (c) NOTIFICATION OF CHANGE OF ADDRESS.— an annual income equal to at least 125 per- SPECIAL GUERRILLA UNITS IN LAOS.—The re- (1) GENERAL REQUIREMENT.—The sponsor cent of the Federal poverty line for the indi- quirement of paragraph (1) of section 312(a) shall notify the Attorney General and the vidual and the individual’s family (including of the Immigration and Nationality Act (8 State, district, territory, or possession in the sponsored alien and any other alien spon- U.S.C. 1423(a) shall not apply to the natu- which the sponsored individual is currently a sored by the individual), through evidence ralization of any person who— resident within 30 days of any change of ad- that includes a copy of the individual’s Fed- (1) served with a special guerrilla unit op- dress of the sponsor during the period speci- eral income tax return for 3 most recent tax- erating from a base in Laos in support of the fied in subsection (a)(1), able years (which returns need show such United States at any time during the period (2) PENALTY.—Any person subject to the re- level of annual income only in the most re- beginning February 28, 1961, and ending Sep- quirement of paragraph (1) who fails to sat- cent taxable year) and a written statement, tember 18, 1978, or isfy such requirement shall, after notice and executed under oath or as permitted under (2) is the spouse or widow of a person de- opportunity to be heard, be subject to a civil penalty of perjury under section 1746 of title scribed in paragraph (1). penalty of— 28, United States Code, that the copies of (b) NATURALIZATION THROUGH SERVICE IN A (A) not less than $250 or more than $2,000, such returns. SPECIAL GUERRILLA UNIT IN LAOS.— or In the case of an individual who is on active (1) IN GENERAL.—The first sentence of sub- (B) if such failure occurs with knowledge duty (other than active duty for training) in section (a) and subsection (b) (other than that the sponsored individual has received the Armed Forces of the United States, sub- paragraph (3)) of section 329 of the Immigra- any benefit described in section 241(a)(5)(D) paragraph (D) shall be applied by substitut- tion and Nationality Act (8 U.S.C. 1440) shall of the Immigration and Nationality Act, as ing ‘‘100 percent’’ for ‘‘125 percent’’. apply to an alien who served with a special S4428 CONGRESSIONAL RECORD — SENATE April 30, 1996 guerrilla unit operating from a base in Laos chased in the United States by New Bruns- (b), this title, and the amendments made by in support of the United States at any time wick residents, an action that has caused se- this title, shall take effect on the date of the during the period beginning February 28, vere economic harm to U.S. businesses lo- enactment of this Act. 1961, and ending September 18, 1978, in the cated in proximity to the border with New (b) OTHER EFFECTIVE DATES.— same manner as they apply to an alien who Brunswick; (1) EFFECTIVE DATES FOR PROVISIONS DEAL- has served honorably in an active-duty sta- (2) this impediment to cross-border trade ING WITH DOCUMENT FRAUD; REGULATIONS TO tus in the military forces of the United compounds the damage already done from IMPLEMENT.— States during the period of the Vietnam hos- the Canadian government’s imposition of a (A) IN GENERAL.—The amendments made tilities. 7% tax on all goods bought by Canadians in by sections 131, 132, 141, and 195 shall be ef- (2) PROOF.—The Immigration and Natu- the United States; fective upon the date of the enactment of ralization Service shall verify an alien’s (3) collection of the New Brunswick Pro- this Act and shall apply to aliens who arrive service with a guerrilla unit described in vincial Sales Tax on goods purchased outside in or seek admission to the United States on paragraph (1) through— of New Brunswick is collected only along the or after such date. (A) review of refugee processing docu- U.S.-Canadian border—not along New Bruns- (B) REGULATIONS.—Notwithstanding any mentation for the alien, wick’s borders with other Canadian prov- other provision of law, the Attorney General (B) the affidavit of the alien’s superior offi- inces—thus being administered by Canadian may issue interim final regulations to imple- cer, authorities in a manner uniquely discrimina- ment the provisions of the amendments list- (C) original documents, tory to Canadians shopping in the United ed in subparagraph (A) at any time on or (D) two affidavits from persons who were States; after the date of the enactment of this Act, also serving with such a special guerrilla (4) in February 1994, the U.S. Trade Rep- which regulations may become effective unit and who personally knew of the alien’s resentative (USTR) publicly stated an atten- upon publication without prior notice or op- service, or tion to seek redress from the discriminatory portunity for public comment. (E) other appropriate proof. application of the PST under the dispute res- (2) ALIEN SMUGGLING, EXCLUSION, AND DE- (3) CONSTRUCTION.—The Service shall lib- olution process in Chapter 20 of the North PORTATION.—The amendments made by sec- erally construe the provisions of this sub- American Free Trade Agreement (NAFTA), tions 122, 126, 128, 129, 143, and 150(b) shall section to take into account the difficulties but the United States Government has still apply with respect to offenses occurring on inherent in proving service in such a guer- not made such a claim under NAFTA proce- or after the date of the enactment of this rilla unit. dures; and Act. (5) initially, the USTR argued that filing a TITLE II—FINANCIAL RESPONSIBILITY SNOWE AMENDMENTS NOS. 3873– PST claim was delayed only because the dis- pute mechanism under NAFTA had not yet SUBTITLE A—RECEIPT OF CERTAIN 3874 been finalized, but more than a year after GOVERNMENT BENEFITS (Ordered to lie on the table.) such mechanism has been put in place, the SEC. 201. INELIGIBILITY OF EXCLUDABLE, DE- Ms. SNOWE submitted two amend- PST claim has still not been put forward by PORTABLE, AND NONIMMIGRANT ments intended to be proposed by her the USTR. ALIENS. (a) PUBLIC ASSISTANCE AND BENEFITS.— to the bill S. 1664, supra; as follows: (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) IN GENERAL.—Notwithstanding any AMENDMENT NO. 3873 (1) the Provincial Sales Tax levied by the other provision of law, an ineligible alien (as At the appropriate place, insert the follow- Canadian Province of New Brunswick on Ca- defined in subsection (f)(2)) shall not be eligi- ing: nadian citizens of that province who pur- ble to receive— SEC. . REPORT ON ALLEGATIONS OF HARASS- chase goods in the United States violates the (A) any benefits under a public assistance MENT BY CANADIAN CUSTOMS North American Free Trade Agreement in its program (as defined in subsection (f)(3)), ex- AGENTS. discriminatory application to cross-border cept— (a) STUDY AND REVIEW.— trade with the United States and damages (i) emergency medical services under title (1) Not later than 30 days after the enact- good relations between the United States XIX of the Social Security Act, ment of this Act, the Commissioner of the and Canada; and (ii) subject to paragraph (4), prenatal and United States Customs Service shall initiate (2) the United States Trade Representative postpartum services under title XIX of the a study of allegations of harassment by Ca- should move forward without further delay Social Security Act, nadian Customs agents for the purpose of de- in seeking redress under the dispute resolu- (iii) short-term emergency disaster relief, terring cross-border commercial activity tion process in Chapter 20 of the North (iv) assistance or benefits under the Na- along the United States-New Brunswick bor- American Free Trade Agreement for the dis- tional School Lunch Act, der. Such study shall include a review of the criminatory application of the New Bruns- (v) assistance or benefits under the Child possible connection between any incidents of wick Provincial Sales Tax on U.S.-Canada Nutrition Act of 1966, harassment with the discriminatory imposi- cross-border trade. (vi) public health assistance for immuniza- tion of the New Brunswick Provincial Sales tions and, if the Secretary of Health and Tax (PST) tax on goods purchased in the GRAHAM AMENDMENTS NOS. 3875– Human Services determines that it is nec- United States by New Brunswick residents, 3880 essary to prevent the spread of a serious and with any other activities taken by the communicable disease, for testing and treat- Canadian provincial and federal governments (Ordered to lie on the table.) ment for such diseases, and to deter cross-border commercial activities. Mr. GRAHAM submitted six amend- (vii) such other service or assistance (such (2) In conducting the study in subpara- ments intended to be proposed by him as soup kitchens, crisis, counseling, inter- graph (1), the Commissioner shall consult to the bill S. 1664, supra; as follows: vention (including intervention for domestic with representatives of the State of Maine, AMENDMENT NO. 3875 violence), and short-term shelter) as the At- local governments, local businesses, and any Beginning on page 198, strike line 5 and all torney General specifies, in the Attorney other knowledgeable persons that the Com- that follows through line 5 on page 202. General’s sole and unreviewable discretion, missioner deems important to the comple- after consultation with the heads of appro- tion of the study. AMENDMENT NO. 3876 priate Federal agencies, if— (b) REPORT.—Not later than 120 days after (I) such service or assistance is delivered at On page 177 in the matter proposed to be enactment of this Act, the Commissioner of the community level, including through pub- inserted, beginning on line 9 strike all that the United States Customs Service shall sub- lic or private nonprofit agencies; follows through line 4 on page 178. mit to Congress a report of the study and re- (II) such service or assistance is necessary view detailed in subsection (a). The report AMENDMENT NO. 3877 for the protection of life, safety, or public shall also include recommendations for steps health; and Beginning on page 188, strike line 11 and that the U.S. government can take to help (III) such service or assistance or the all that follows through line 2 on page 192. end harassment by Canadian Customs agents amount or cost of such service or assistance found to have occurred. is not conditioned on the recipient’s income AMENDMENT NO. 3878 or resources; or Beginning on page 192, strike line 3 and all AMENDMENT NO. 3874 (B) any grant, contract, loan, professional that follows through line 4 on page 198. At the appropriate place, insert the follow- license, or commercial license provided or funded by any agency of the United States or ing: AMENDMENT NO. 3879 SEC. . SENSE OF CONGRESS ON THE DISCRIMI- any State or local government entity, ex- Beginning on page 177, line 9 strike all cept, with respect to a nonimmigrant au- NATORY APPLICATION OF THE NEW through page 211 line 9 and insert the follow- BRUNSWICK PROVINCIAL SALES thorized to work in the United States, any TAX. ing. professional or commercial license required (a) FINDINGS.—The Congress finds that— SUBTITLE C—EFFECTIVE DATES to engage in such work, if the nonimmigrant (1) in July 1993, Canadian Customs officers SEC. 197. EFFECTIVE DATES. is otherwise qualified for such license. began collecting an 11% New Brunswick Pro- (a) IN GENERAL.—Except as otherwise pro- (2) BENEFITS OF RESIDENCE.—Notwithstand- vincial Sales Tax (PST) tax on goods pur- vided in this title and subject to subsection ing any other provision of law, no State or April 30, 1996 CONGRESSIONAL RECORD — SENATE S4429

local government entity shall consider any (d) HOUSING ASSISTANCE PROGRAMS.—Not SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFI- ineligible alien as a resident when to do so later than 90 days after the date of the enact- DAVIT OF SUPPORT. would place such alien in a more favorable ment of this Act, the Secretary of Housing (a) ENFORCEABILITY.—No affidavit of sup- position, regarding access to, or the cost of, and Urban Development shall submit a re- port may be relied upon by the Attorney any benefit or government service, than a port to the Committee on the Judiciary and General or by any consular officer to estab- United States citizen who is not regarded as the Committee on Banking, Housing, and lish that an alien is not excludable as a pub- such a resident. Urban Affairs of the Senate, and the Com- lic charge under section 212(a)(4) of the Im- (3) NOTIFICATION OF ALIENS.— mittee on the Judiciary and the Committee migration and Nationality Act unless such (A) IN GENERAL.—The agency administer- on Banking and Financial Services of the affidavit is executed as a contract— ing a program referred to in paragraph (1)(A) House of Representatives, describing the (1) which is legally enforceable against the or providing benefits referred to in para- manner in which the Secretary is enforcing sponsor by the sponsored individual, or by graph (1)(B) shall, directly or, in the case of section 214 of the Housing and Community the Federal Government or any State, dis- a Federal agency, through the States, notify Development Act of 1980 (Public Law 96–399; trict, territory, or possession of the United individually or by public notice, all ineli- 94 Stat. 1637) and containing statistics with States (or any subdivision of such State, dis- gible aliens who are receiving benefits under respect to the number of individuals denied trict, territory, or possession of the United a program referred to in paragraph (1)(A), or financial assistance under such section. States) that provides any benefit as defined are receiving benefits referred to in para- (e) NONPROFIT, CHARITABLE ORGANIZA- in section 201(f)(3) but not later than 10 years graph (1)(B), as the case may be, imme- TIONS.— after the sponsored individual last receives diately prior to the date of the enactment of (1) IN GENERAL.—Nothing in this Act shall any such benefit; this Act and whose eligibility for the pro- be construed as requiring a nonprofit chari- (2) in which the sponsor agrees to finan- gram is terminated by reason of this sub- table organization operating any program of cially support the sponsored individual, so section. assistance provided or funded, in whole or in that he or she will not become a public (B) FAILURE TO GIVE NOTICE.—Nothing in part, by the Federal Government to— charge, until the sponsored individual has subparagraph (A) shall be construed to re- (A) determine, verify, or otherwise require worked in the United States for 40 qualifying quire or authorize continuation of such eligi- proof of the eligibility, as determined under quarters or has become a United States citi- bility if the notice required by such para- this title, of any applicant for benefits or as- zen, whichever occurs first; and graph is not given. sistance under such program; or (3) in which the sponsor agrees to submit (4) LIMITATION ON PREGNANCY SERVICES FOR (B) deem that the income or assets of any to the jurisdiction of any Federal or State UNDOCUMENTED ALIENS.— applicant for benefits or assistance under court for the purpose of actions brought (A) 3-YEAR CONTINUOUS RESIDENCE.—An in- such program include the income or assets under subsection (d) or (e). eligible alien may not receive the services described in section 204(b). (b) FORMS.—Not later than 90 days after described in paragraph (1)(A)(ii) unless such (2) NO EFFECT ON FEDERAL AUTHORITY TO the date of the enactment of this Act, the alien can establish proof of continuous resi- DETERMINE COMPLIANCE.—Nothing in this Secretary of State, the Attorney General, dence in the United States for not less than subsection shall be construed as prohibiting and the Secretary of Health and Human 3 years, as determined in accordance with the Federal Government from determining Services shall jointly formulate the affidavit section 245a.2(d)(3) of title 8, Code of Federal the eligibility, under this section or section of support described in this section. Regulations as in effect on the day before 204, of any individual for benefits under a (c) NOTIFICATION OF CHANGE OF ADDRESS.— the date of the enactment of this Act. public assistance program (as defined in sub- (1) GENERAL REQUIREMENT.—The sponsor (B) LIMITATION ON EXPENDITURES.—Not section (f)(3)) or for government benefits (as shall notify the Attorney General and the more than $120,000,000 in outlays may be ex- defined in subsection (f)(4)). State, district, territory, or possession in pended under title XIX of the Social Secu- (f) DEFINITIONS.—For the purposes of this which the sponsored individual is currently a rity Act for reimbursement of services de- section— resident within 30 days of any change of ad- scribed in paragraph (1)(A)(ii) that are pro- (1) ELIGIBLE ALIEN.—The term ‘‘eligible dress of the sponsor during the period speci- vided to individuals described in subpara- alien’’ means an individual who is— fied in subsection (a)(1). graph (A). (A) an alien lawfully admitted for perma- (2) PENALTY.—Any person subject to the re- (C) CONTINUED SERVICES BY CURRENT nent residence under the Immigration and quirement of paragraph (1) who fails to sat- STATES.—States that have provided services Nationality Act, isfy such requirement shall, after notice and described in paragraph (1)(A)(ii) for a period (B) an alien granted asylum under section of 3 years before the date of the enactment of opportunity to be heard, be subject to a civil 208 of such Act, penalty of— this Act shall continue to provide such serv- (C) a refugee admitted under section 207 of (A) not less than $250 or more than $2,000, ices and shall be reimbursed by the Federal such Act, or Government for the costs incurred in provid- (D) an alien whose deportation has been (B) if such failure occurs with knowledge ing such services. States that have not pro- withheld under section 243(h) of such Act, or vided such services before the date of the en- (E) an alien paroled into the United States that the sponsored individual has received actment of this Act, but elect to provide under section 212(d)(5) of such Act for a pe- any benefit described in section change such services after such date, shall be reim- riod of at least 1 year. 201(f)(3) not less than $2,000 or more than $5,000. bursed for the costs incurred in providing (2) INELIGIBLE ALIEN.—The term ‘‘ineligible such services. In no case shall States be re- alien’’ means an individual who is not— (d) REIMBURSEMENT OF GOVERNMENT EX- quired to provide services in excess of the (A) a United States citizen or national; or PENSES.— amounts provided in subparagraph (B). (B) an eligible alien. (1) IN GENERAL.— (b) UNEMPLOYMENT BENEFITS.—Notwith- (3) PUBLIC ASSISTANCE PROGRAM.—The term (A) REQUEST FOR REIMBURSEMENT.—Upon standing any other provision of law, only eli- ‘‘public assistance program’’ means any pro- notification that a sponsored individual has gible aliens who have been granted employ- gram of assistance provided or funded, in received any benefit described in section ment authorization pursuant to Federal law, whole or in part, by the Federal Government 201(f)(3) of this Act, the appropriate Federal, and United States citizens or nationals, may or any State or local government entity, for State, or local official shall request reim- receive unemployment benefits payable out which eligibility for benefits is based on bursement from the sponsor for the amount of Federal funds, and such eligible aliens need. of such assistance. may receive only the portion of such benefits (4) GOVERNMENT BENEFITS.—The term ‘‘gov- (B) REGULATIONS.—The Commissioner of which is attributable to the authorized em- ernment benefits’’ includes— Social Security shall prescribe such regula- ployment. (A) any grant, contract, loan, professional tions as may be necessary to carry out sub- (c) SOCIAL SECURITY BENEFITS.— license, or commercial license provided or paragraph (A). Such regulations shall pro- (1) IN GENERAL.—Notwithstanding any funded by any agency of the United States or vide that notification be sent to the spon- other provision of law, only eligible aliens any State or local government entity, ex- sor’s last known address by certified mail. who have been granted employment author- cept, with respect to a nonimmigrant au- (2) ACTION AGAINST SPONSOR.—If within 45 ization pursuant to Federal law and United thorized to work in the United States, any days after requesting reimbursement, the ap- States citizens or nationals may receive any professional or commercial license required propriate Federal, State, or local agency has benefit under title II of the Social Security to engage in such work, if the nonimmigrant not received a response from the sponsor in- Act, and such eligible aliens may receive is otherwise qualified for such license; dicating a willingness to make payments, an only the portion of such benefits which is at- (B) unemployment benefits payable out of action may be brought against the sponsor tributable to the authorized employment. Federal funds; pursuant to the affidavit of support. (2) NO REFUND OR REIMBURSEMENT.—Not- (C) benefits under title II of the Social Se- (3) FAILURE TO MEET REPAYMENT TERMS.—If withstanding any other provision of law, no curity Act; the sponsor agrees to make payments, but tax or other contribution required pursuant (D) financial assistance for purposes of sec- fails to abide by the repayment terms estab- to the Social Security Act (other than by an tion 214(a) of the Housing and Community lished by the agency, the agency may, within eligible alien who has been granted employ- Development Act of 1980 (Public Law 96–399; 60 days of such failure, bring an action ment authorization pursuant to Federal law, 94 Stat. 1637); and against the sponsor pursuant to the affidavit or by an employer of such alien) shall be re- (E) benefits based on residence that are of support. funded or reimbursed, in whole or in part. prohibited by subsection (a)(2). (e) JURISDICTION.— S4430 CONGRESSIONAL RECORD — SENATE April 30, 1996

(1) IN GENERAL.—An action to enforce an computer matching program, and a justifica- ‘‘(F) an unintended omission of a correct affidavit of support executed under sub- tion for such assessment. taxpayer identification number required section (a) may be brought against the spon- (2) The ratio of inaccurate matches under under section 32 (relating to the earned in- sor in any Federal or State court— the program to successful matches. come tax credit) to be included on a re- (A) by a sponsored individual, with respect (3) Such other information as the Sec- turn.’’. to financial support; or retary and the Commissioner jointly con- (d) EFFECTIVE DATE.—The amendments (B) by a Federal, State, or local agency, sider appropriate. made by this section shall apply to taxable with respect to reimbursement. SEC. 206. AUTHORITY OF STATES AND LOCAL- years beginning after December 31, 1995. (2) COURT MAY NOT DECLINE TO HEAR CASE.— ITIES TO LIMIT ASSISTANCE TO SEC. 208. INCREASED MAXIMUM CRIMINAL PEN- For purposes of this section, no Federal or ALIENS AND TO DISTINGUISH ALTIES FOR FORGING OR COUNTER- State court shall decline for lack of subject AMONG CLASSES OF ALIENS IN PRO- FEITING SEAL OF A FEDERAL DE- matter or personal jurisdiction to hear any VIDING GENERAL PUBLIC ASSIST- PARTMENT OR AGENCY TO FACILI- action brought against a sponsor under para- ANCE. TATE BENEFIT FRAUD BY AN UN- graph (1) if— (a) IN GENERAL.—Subject to subsection (b) LAWFUL ALIEN. (A) the sponsored individual is a resident and notwithstanding any other provision of Section 506 of title 18, United States Code, of the State in which the court is located, or law, a State or local government may pro- is amended to read as follows: received public assistance while residing in hibit or otherwise limit or restrict the eligi- ‘‘Sec. 506. Seals of departments or agencies the State; and bility of aliens or classes of aliens for pro- ‘‘(a) Whoever— (B) such sponsor has received service of grams of general cash public assistance fur- ‘‘(1) falsely makes, forges, counterfeits, process in accordance with applicable law. nished under the law of the State or a politi- mutilates, or alters the seal of any depart- (f) DEFINITIONS.—For purposes of this sec- cal subdivision of a State. ment or agency of the United States, or any tion— (b) LIMITATION.—The authority provided facsimile thereof; (1) SPONSOR.—The term ‘‘sponsor’’ means for under subsection (a) may be exercised ‘‘(2) knowingly uses, affixes, or impresses an individual who— only to the extent that any prohibitions, any such fraudulently made, forged, counter- (A) is a United States citizen or national limitations, or restrictions imposed by a feited, mutilated, or altered seal or facsimile or an alien who is lawfully admitted to the State or local government are not more re- thereof to or upon any certificate, instru- United States for permanent residence; strictive than the prohibitions, limitations, ment, commission, document, or paper of (B) is at least 18 years of age; or restrictions imposed under comparable any description; or ‘‘(3) with fraudulent intent, possesses, (C) is domiciled in any of the several Federal programs. For purposes of this sec- sells, offers for sale, furnishes, offers to fur- States of the United States, the District of tion, attribution to an alien of a sponsor’s nish, gives away, offers to give away, trans- Columbia, or any territory or possession of income and resources (as described in section ports, offers to transport, imports, or offers the United States; and 204(b)) for purposes of determining eligibility (D) demonstrates the means to maintain to import any such seal or facsimile thereof, for, and the amount of, benefits shall be con- an annual income equal to at least 125 per- knowing the same to have been so falsely sidered less restrictive than a prohibition of cent of the Federal poverty line for the indi- made, forged, counterfeited, mutilated, or al- eligibility for such benefits. vidual and the individual’s family (including tered, shall be fined under this title, or im- the sponsored alien and any other alien spon- SEC. 207. EARNED INCOME TAX CREDIT DENIED prisoned not more than 5 years, or both. TO INDIVIDUALS NOT CITIZENS OR ‘‘(b) Notwithstanding subsection (a) or any sored by the individual), through evidence LAWFUL PERMANENT RESIDENTS. that includes a copy of the individual’s Fed- other provision of law, if a forged, counter- (a) IN GENERAL.— eral income tax return for the 3 most recent feited, mutilated, or altered seal of a depart- (1) LIMITATION.—Notwithstanding any ment or agency of the United States, or any taxable years (which returns need show level other provision of law, an individual may not facsimile thereof, is— of annual income only in the most recent receive an earned income tax credit for any ‘‘(1) so forged, counterfeited, mutilated, or taxable year) and a written statement, exe- year in which such individual was not, for altered; cuted under oath or as permitted under pen- the entire year, either a United States citi- alty of perjury under section 1746 of title 28, ‘‘(2) used, affixed, or impressed to or upon zen or national or a lawful permanent resi- any certificate, instrument, commission, United States Code, that the copies are true dent. copies of such terms. document, or paper of any description; or (2) IDENTIFICATION NUMBER REQUIRED.—Sec- ‘‘(3) with fraudulent intent, possessed, sold, In the case of an individual who is an active tion 32(c)(1) of the Internal Revenue Code of offered for sale, furnished, offered to furnish, duty (other than active duty for training) in 1986 (relating to individuals eligible to claim given away, offered to give away, trans- the Armed Forces of the United States, sub- the earned income tax credit) is amended by ported, offered to transport, imported, or of- paragraph (D) shall be applied by substitut- adding at the end the following new subpara- fered to import, ing ‘‘100 percent’’ for ‘‘125 percent’’. graph: with the intent or effect of facilitating an (2) FEDERAL POVERTY LINE.—The term ‘‘(F) IDENTIFICATION NUMBER REQUIREMENT unlawful alien’s application for, or receipt ‘‘Federal poverty line’’ means the level of in- .—The term ‘eligible individual’ does not in- of, a Federal benefit, the penalties which come equal to the official poverty line (as clude any individual who does not include on may be imposed for each offense under sub- defined by the Director of the Office of Man- the return of tax for the taxable year— section (a) shall be two times the maximum agement and Budget, as revised annually by ‘‘(i) such individual’s taxpayer identifica- fine, and 3 times the maximum term of im- the Secretary of Health and Human Services, tion number, and in accordance with section 673(2) of the Om- ‘‘(ii) if the individual is married (within prisonment, or both, that would otherwise be nibus Budget Reconciliation Act of 1981 (42 the meaning of section 7703), the taxpayer imposed for an offense under subsection (a). U.S.C. 9902)) that is applicable to a family of ‘‘(c) For purposes of this section— identification number of such individual’s ‘‘(1) the term ‘Federal benefit’ means— the size involved. spouse.’’. (3) QUALIFYING QUARTER.—The term ‘‘quali- ‘‘(A) the issuance of any grant, contract, (b) SPECIAL IDENTIFICATION NUMBER.—Sec- loan, professional license, or commercial li- fying quarter’’ means a three-month period tion 32 of the Internal Revenue Code of 1986 in which the sponsored individual has— cense provided by any agency of the United is amended by adding at the end the follow- States or by appropriated funds of the Unit- (A) earned at least the minimum necessary ing new subsection: for the period to count as one of the 40 quar- ed States; and ‘‘(k) IDENTIFICATION NUMBERS.—Solely for ters required to qualify for social security ‘‘(B) any retirement, welfare, Social Secu- purposes of subsections (c)(1)(F) and rity, health (including treatment of an emer- retirement benefits; (c)(3)(D), a taxpayer identification number (B) not received need-based public assist- gency medical condition in accordance with means a social security number issued to an ance; and section 1903(v) of the Social Security Act (19 (C) has income tax liability for the tax individual by the Social Security Adminis- U.S.C. 1396b(v))), disability, veterans, public year of which the period was part. tration (other than a social security number housing, education, food stamps, or unem- issued pursuant to clause (II) (or that por- SEC. 205. VERIFICATION OF STUDENT ELIGI- ployment benefit, or any similar benefit for BILITY FOR POSTSECONDARY FED- tion of clause (III) that relates to clause (II)) which payments or assistance are provided ERAL STUDENT FINANCIAL ASSIST- of section 205(c)(2)(B)(i) of the Social Secu- by an agency of the United States or by ap- ANCE. rity Act).’’. propriated funds of the United States; (a) REPORT REQUIREMENT.—Not later than (c) EXTENSION OF PROCEDURES APPLICABLE ‘‘(2) the term ‘unlawful alien’ means an in- one year after the date of the enactment of TO MATHEMATICAL OR CLERICAL ERRORS.— dividual who is not— this Act, the Secretary of Education and the Section 6213(g)(2) of the Internal Revenue ‘‘(A) a United States citizen or national; Commissioner of Social Security shall joint- Code of 1986 (relating to the definition of ‘‘(B) an alien lawfully admitted for perma- ly submit to the Congress a report on the mathematical or clerical errors) in amend- nent residence under the Immigration and computer matching program of the Depart- ed— Nationality Act; ment of Education under section 484(p) of the (1) by striking ‘‘and’’ at the end of subpara- ‘‘(C) an alien granted asylum under section Higher Education Act of 1965. graph (D), 208 of such Act; (b) REPORT ELEMENTS.—The report shall (2) by striking the period at the end of sub- ‘‘(D) a refugee admitted under section 207 include the following: paragraph (E) and inserting ’’, and’’, and of such Act; (1) An assessment by the Secretary and the (3) by inserting after subparagraph (E) the ‘‘(E) an alien whose deportation has been Commissioner of the effectiveness of the following new subparagraph: withheld under section 243(h) of such Act; or April 30, 1996 CONGRESSIONAL RECORD — SENATE S4431 ‘‘(F) an alien paroled into the United local government would significantly delay (5) Low-rent public housing under the States under section 215(d)(5) of such Act for or deny services to otherwise eligible indi- United States Housing Act of 1937; a period of at least 1 year; and viduals in a manner that would hinder the (6) Section 236 interest reduction payments ‘‘(3) each instance of forgery, counterfeit- protection of life, safety, or public health. under the National Housing Act; ing, mutilation, or alteration shall con- (7) Home-owner assistance payments under stitute a separate offense under this sec- GRAHAM (AND OTHERS) the National Housing Act; (8) Low income rent supplements under the tion.’’. AMENDMENT NO. 3881 SEC. 209. STATE OPTION UNDER THE MEDICAID Housing and Urban Development Act of 1965; PROGRAM TO PLACE ANTI-FRAUD (Ordered to lie on the table.) (9) Rural housing loans under the Housing INVESTIGATORS IN HOSPITALS. Mr. GRAHAM (for himself, Mr. DOLE, Act of 1949; (10) Rural rental housing loans under the (a) IN GENERAL.—Section 1902(a) of the So- Mr. MACK, Mr. BRADLEY, Mr. HELMS, cial Security Act (42 U.S.C. 1396a(a)) is Housing Act of 1949; and Mr. ABRAHAM) submitted an (11) Rural rental assistance under the amended— amendment intended to be proposed by (1) by striking ‘‘and’’ at the end of para- Housing Act of 1949; graph (61); them to the bill S. 1664, supra; as fol- (12) Rural housing repair loans and grants (2) by striking the period at the end of lows: under the Housing Act of 1949; paragraph (62) and inserting ‘‘; and’’; and Beginning on page 177, strike line 13 and (13) Farm labor housing loans and grants (3) by adding after paragraph (62) the fol- all that follows through line 4 on page 178, under the Housing Act of 1949; (14) Rural housing preservation grants lowing new paragraph: inserting the following: under the Housing Act of 1949; ‘‘(63) in the case of a State that is certified (b) Northwithstanding any other provision (15) Rural self-help; technical assistance by the Attorney General as a high illegal im- of this Act, the repeal of Public Law 89–732 grants under the Housing Act of 1949; and migration State (as determined by the At- made by this Act shall become effective only (16) Site loans under the Housing Act of torney General), at the election of the State, upon a determination by the President under 1949; establish and operate a program for the section 203(c)(3) of the Cuban Liberty and (b) DEEMED INCOME AND RESOURCES.—The placement of anti-fraud investigators in Democratic Solidarity (LIBERTAD) Act of income and resources described in this sub- State, county, and private hospitals located 1996 that a democratically elected govern- section include the income and resources in the State to verify the immigration status ment in Cuba is in power. of— and income eligibility of applicants for medi- (1) any person who, as a sponsor of an cal assistance under the State plan prior to GRAHAM AMENDMENT NO. 3882 alien’s entry into the United States, or in the furnishing of medical assistance.’’. order to enable an alien lawfully to remain (b) PAYMENT.—Section 1903 of the Social (Ordered to lie on the table.) in the United States, executed an affidavit of Security Act (42 U.S.C. 1396b) is amended— Mr. GRAHAM submitted an amend- support or similar agreement with respect to (1) by striking ‘‘plus’’ at the end of para- ment intended to be proposed by him such alien, and graph (6); to the bill S. 1664, supra; as follows: (2) the sponsor’s spouse. (2) by striking the period at the end of Strike on page 211, line 1 through line 9, (c) LENGTH OF DEEMING PERIOD.—The re- paragraph (7) and inserting ‘‘; plus’’; and and insert: quirement of subsection (a) shall apply for (3) by adding at the end the following new ‘‘(C) The Secretary shall conduct an assess- the period for which the sponsor has agreed, paragraph: ment of immigration trends, current funding in such affidavit or agreement, to provide ‘‘(8) an amount equal to the Federal medi- practices, and needs for assistance. Particu- support for such alien, or for a period of 5 cal assistance percentage (as defined in sec- lar attention should be paid to the funds to- years beginning on the day such alien was tion 1905(b)) of the total amount expended ward the counties impacted by the arrival of first lawfully in the United States after the during such quarter which is attributable to Cuban and Haitian individuals to determine execution of such affidavit or agreement, operating a program under section whether there is a continued need for assist- whichever period is longer. 1902(a)(63).’’. ance to such counties. If the Secretary deter- (d) EXCEPTION FOR INDIGENCE.— (c) EFFECTIVE DATE.—The amendments mines, after the assessment of subparagraph (1) IN GENERAL.—If a determination de- made by subsections (a) and (b) shall take ef- (C), that no compelling need exists in the scribed in paragraph (2) is made, the amount fect on the first day of the first calendar counties impacted by the arrival of Cuban of income and resources of the sponsor or the quarter beginning after the date of the en- and Haitian entrants, all grants, except that sponsor’s spouse which shall be attributed to actment of this Act. for the Targeted Assistance Ten Percent Dis- the sponsored alien shall not exceed the cretionary Program, made available under amount actually provided for a period— AMENDMENT NO. 3880 (A) beginning on the date of such deter- this paragraph for a fiscal year shall be allo- mination and ending 12 months after such At the appropriate place in the matter pro- cated by the Office of Refugee Resettlement date, or posed to be inserted by the amendment, in- in a manner that ensures that each qualify- (B) if the address of the sponsor is un- sert the following new section: ing county receives the same amount of as- known to the sponsored alien, beginning on SEC. . UNFUNDED FEDERAL INTERGOVERN- sistance for each refugee and entrant resid- the date of such determination and ending MENTAL MANDATES. ing in the county as of the beginning of the on the date that is 12 months after the ad- (a) IN GENERAL.—Notwithstanding any fiscal year who arrived in the United States dress of the sponsor becomes known to the other provision of law, not later than 90 days not earlier than 60 months before the begin- sponsored alien or to the agency (which shall after the beginning of fiscal year 1997, and ning of such fiscal year.’’. annually thereafter, the determinations de- inform such alien of the address within 7 scribed in subsection (b) shall be made, and days). GRAHAM (AND SPECTER) (2) DETERMINATION DESCRIBED.—A deter- if any such determination is affirmative, the AMENDMENT NO. 3883 mination described in this paragraph is a de- requirements imposed on State and local termination by an agency that a sponsored governments under this Act relating to the (Ordered to lie on the table.) alien would, in the absence of the assistance affirmative determination shall be sus- Mr. GRAHAM (for himself and Mr. provided by the agency, be unable to obtain pended. SPECTER) submitted an amendment in- food or shelter, taking into account the (b) DETERMINATION DESCRIBED.—A deter- tended to be proposed by them to the alien’s own income, plus any cash, food, mination described in this subsection means bill S. 1664, supra; as follows: housing, or other assistance provided by one of the following: other individuals, including the sponsor. (1) A determination by the responsible Fed- On page 198, beginning on line 11, strike all eral agency or the responsible State or local through page 201, line 4, and insert the fol- administering agency regarding whether the lowing: GRAHAM AMENDMENTS NOS. 3884– costs of administering a requirement im- for benefits, the income and resources de- 3893 posed on State and local government under scribed in subsection (b) shall, notwithstand- (Ordered to lie on the table.) this Act exceeds the estimated net savings in ing any other provision of law, be deemed to Mr. GRAHAM submitted 10 amend- benefit expenditures. be the income and resources of such alien for (2) A determination by the responsible Fed- purposes of the following programs: ments intended to be proposed by him eral agency, or the responsible State or local (1) Supplementary security income under to the bill S. 1664, supra; as follows: administering agency, regarding whether title XVI of the Social Security Act; AMENDMENT NO. 3884 Federal funding is insufficient to fully fund (2) Aid to Families with Dependent Chil- On page 190, beginning on line 9, strike all the costs imposed by a requirement imposed dren under title IV of the Social Security through page 201, line 4, and insert the fol- on State and local governments under this Act; lowing: Act. (3) Food stamps under the Food Stamp Act (ii) The food stamp program under the (3) A determination by the responsible Fed- of 1977; Food Stamp Act of 1977. eral agency, or the responsible State or local (4) Section 8 low-income housing assist- (iii) The supplemental security income administering agency, regarding whether ap- ance under the United States Housing Act of program under title XVI of the Social Secu- plication of the requirement on a State or 1937; rity Act. S4432 CONGRESSIONAL RECORD — SENATE April 30, 1996 (iv) Any State general assistance program. isfy such requirement shall, after notice and 28, United States Code, that the copies are (v) Any other program of assistance fund- opportunity to be heard, be subject to a civil true copies of such returns. ed, in whole or in part, by the Federal Gov- penalty of— In the case of an individual who is on active ernment or any State or local government (A) not less than $250 or more than $2000, or duty (other than active duty for training) in entity, for which eligibility for benefits is (B) if such failure occurs with knowledge the Armed Forces of the United States, sub- based on need, except the programs listed as that the sponsored individual has received paragraph (D) shall be applied by substitut- exceptions in clauses (i) through (vi) of sec- any benefit described in section 241(a)(5)(D) ing ‘‘100 percent’’ for ‘‘125 percent’’. tion 201(a)(1)(A) and the exceptions listed in of the Immigration and Nationality Act, as (2) FEDERAL POVERTY LINE.—The term section 204(d) of the Immigration Reform Act amended by section 202(a) of this Act, not ‘‘Federal poverty line’’ means the level of in- of 1996. less than $2000 or more than $5000. come to the official poverty line (as defined (b) CONSTRUCTION.—Nothing in subpara- (d) REIMBURSEMENT OF GOVERNMENT EX- by the Director of the Office of Management graph (B), (C), or (D) of section 241(a)(5) of PENSES.— the Immigration and Nationality Act, as and Budget, as revised annually by the Sec- (1) IN GENERAL.— retary of Health and Human Services, in ac- amended by subsection (a), may be construed (A) REQUEST FOR REIMBURSEMENT.—Upon cordance with section 673(2) of the Omnibus to affect or apply to any determination of an notification that a sponsored individual has Budget Reconciliation Act of 1981 (42 U.S.C. alien as a public charge made before the date received any benefit described in section 9902)) that is applicable to a family of the of enactment of this Act. 241(a)(5)(D) of the Immigration and National- size involved. (c) REVIEW OF STATUS.— ity Act, as amended by section 202(a) of this (1) IN GENERAL.—In reviewing any applica- (3) QUALIFYING QUARTER.—The term ‘‘quali- Act, the appropriate Federal, State, or local fying quarter’’ means a three-month period tion by an alien for benefits under section official shall request reimbursement from 216, section 245, or chapter 2 of title III of the in which the sponsored individual has— the sponsor for the amount of such assist- (A) earned at least the minimum necessary Immigration and Nationality Act, the Attor- ance. ney General shall determine whether or not for the period to count as one of the 40 quar- (B) REGULATIONS.—The Commissioner of ters required to qualify for social security the applicant is described in section Social Security shall prescribe such regula- retirement benefits; 241(a)(5)(A) of such Act, as so amended. tions as may be necessary to carry out sub- (2) GROUNDS FOR DENIAL.—If the Attorney (B) not received need-based public assist- paragraph (A). Such regulations shall pro- General determines that an alien is described ance; and vide that notification be sent to the spon- in section 241(a)(5)(A) of the Immigration (C) had income tax liability for the tax sor’s last known address by certified mail. and Nationality Act, the Attorney General year of which the period was part. (2) ACTION AGAINST SPONSOR.—If within 45 shall deny such application and shall insti- days after requesting reimbursement, the ap- SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME tute deportation proceedings with respect to propriate Federal, State, or local agency has AND RESOURCES TO FAMILY-SPON- such alien, unless the Attorney General exer- SORED IMMIGRANTS not received a response from the sponsor in- cises discretion to withhold or suspend de- (a) DEEMING REQUIREMENT FOR FEDERAL dicating a willingness to make payments, an portation pursuant to any other section of AND FEDERALLY FUNDED PROGRAMS.—Subject action may be brought against the sponsor such Act. to subsection (d), for purposes of determining pursuant to the affidavit of support. (d) EFFECTIVE DATE.—This section and the the eligibility of an alien for benefits, and (3) FAILURE TO MEET REPAYMENT TERMS.—If amendments made by this section shall the amount of benefits, under any public as- the sponsor agrees to make payments, but apply to aliens who enter the United States sistance program (as defined in section fails to abide by the repayment terms estab- on or after the date of enactment of this Act 201(f)(3)), the income and resources described lished by the agency, the agency may, within and to aliens who entered as nonimmigrants in subsection (b) shall, notwithstanding any 60 days of such failure, bring an action before such date but adjust or apply to ad- other provision of law, be deemed to be the against the sponsor pursuant to the affidavit just their status after such date. income and resources of such alien. of support. SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFI- (b) DEEMED INCOME AND RESOURCES.—The (e) JURISDICTION.— DAVIT OF SUPPORT. income and resources described in this sub- (1) IN GENERAL.—An action to enforce an (a) ENFORCEABILITY.—No affidavit of sup- section include the income and resources port may be relied upon by the Attorney affidavit of support executed under sub- section (a) may be brought against the spon- of— General or by any consular officer to estab- (1) any person who, as a sponsor of an lish that an alien is not excludable as a pub- sor in any Federal or State court— (A) by a sponsored individual, with respect alien’s entry into the United States, or in lic charge under section 212(a)(4) of the Im- order to enable an alien lawfully to remain migration and Nationality Act unless such to financial support; or (B) by a Federal, State, or local agency, in the United States, executed an affidavit of affidavit is executed as a contract— support or similar agreement with respect to (1) which is legally enforceable against the with respect to reimbursement. (2) COURT MAY NOT DECLINE TO HEAR CASE.— such alien, and sponsor by the sponsored individual, or by (2) the sponsor’s spouse. the Federal Government or any State, dis- For purposes of this section, no Federal or (c) LENGTH OF DEEMING PERIOD.—The re- trict, territory, or possession of the United State court shall decline for lack of subject matter or personal jurisdiction to hear any quirement of subsection (a) shall apply for States (or any subdivision of such State, dis- the period for which the sponsor has agreed, trict, territory, or possession of the United action brought against a sponsor under para- graph (1) if— in such affidavit or agreement, to provide States) that provides any benefit described support for such alien, or for a period of 5 in section 241(a)(5)(D), as amended by section (A) the sponsored individual is a resident of the State in which the court is located, or years beginning on the day such alien was 202(a) of this Act, but not later than 10 years first lawfully in the United States after the after the sponsored individual last receives received public assistance while residing in the State; and execution of such affidavit or agreement, any such benefit. whichever period is longer. (2) in which the sponsor agrees to finan- (B) such sponsor has received service of (d) EXCEPTIONS.— cially support the sponsored individual, so process in accordance with applicable law. (1) INDIGENCE.— that he or she will not become a public (f) DEFINITIONS.—For purposes of this sec- (A) IN GENERAL.—If a determination de- charge, until the sponsored individual has tion— scribed in subparagraph (B) is made, the worked in the United States for 40 qualifying (1) SPONSOR.—The term ‘‘sponsor’’ means amount of income and resources of the spon- quarters or has become a United States citi- an individual who— sor or the sponsor’s spouse which shall be at- zen, whichever occurs first; and (A) is a United States citizen or national (3) in which the sponsor agrees to submit or an alien who is lawfully admitted to the tributed to the sponsored alien shall not ex- to the jurisdiction of any Federal or State United States for permanent residence; ceed the amount actually provided for a pe- court for the purpose of actions brought (B) is at least 18 years of age; riod— under subsection (d) or (e). (C) is domiciled in any of the several (i) beginning on the date of such deter- (b) FORMS.—Not later than 90 days after States of the United States, the District of mination and ending 12 months after such the date of the enactment of this Act, the Columbia, or any territory or possession of date, or Secretary of State, the Attorney General, the United States; and (ii) if the address of the sponsor is un- and the Secretary of Health and Human (D) demonstrates the means to maintain known to the sponsored alien, beginning on Services shall jointly formulate the affidavit an annual income equal to at least 125 per- the date of such determination and ending of support described in this section. cent of the Federal poverty line for the indi- on the date that is 12 months after the ad- (c) NOTIFICATION OF CHANGE OF ADDRESS.— vidual and the individual’s family (including dress of the sponsor becomes known to the (1) GENERAL REQUIREMENT.—The sponsor the sponsored alien and any other alien spon- sponsored alien or to the agency (which shall shall notify the Attorney General and the sored by the individual), through evidence inform such alien of the address within 7 State, district, territory, or possession in that includes a copy of the individual’s Fed- days). which the sponsored individual is currently a eral income tax return for the 3 most recent (B) DETERMINATION DESCRIBED.—A deter- resident within 30 days of any change of ad- taxable years (which returns need show such mination described in this subparagraph is a dress of the sponsor during the period speci- level of annual income only in the most re- determination by an agency that a sponsored fied in subsection (a)(1). cent taxable year) and a written statement, alien would, in the absence of the assistance (2) PENALTY.—Any person subject to the re- executed under oath or as permitted under provided by the agency, be unable to obtain quirement of paragraph (1) who fails to sat- penalty of perjury under section 1746 of title food or shelter, taking into account the April 30, 1996 CONGRESSIONAL RECORD — SENATE S4433

alien’s own income, plus any cash, food, income of the alien for a period of two years AMENDMENT NO. 3889 housing, or other assistance provided by beginning on the day such alien was first On page 201, between lines 4 and 5, insert other individuals, including the sponsor. lawfully in the United States. the following: (2) EDUCATION ASSISTANCE.— (4) MEDICAID SERVICES FOR LEGAL IMMI- (A) IN GENERAL.—The requirements of sub- AMENDMENT NO. 3886 GRANTS.—The requirements of subsection (a) section (a) shall not apply with respect to On page 190, strike line 9 through line 25 shall not apply in the case of any service sponsored aliens who have received, or have and insert the following: provided under title XIX of the Social Secu- been approved to receive, student assistance (ii) The food stamp program under the rity Act to an alien lawfully admitted to the under title IV, V, IX, or X of the Higher Edu- Food Stamp Act of 1977. United States before the date of the enact- cation Act of 1965 in an academic year which (iii) The supplemental security income ment of this Act. ends or begins in the calendar year in which program under title XVI of the Social Secu- this Act is enacted. rity Act. AMENDMENT NO. 3890 (B) DURATION.—The exception described in (iv) Any State general assistance program. On page 201, line 5, insert the following: subparagraph (A) shall apply only for the pe- (v) Any other program of assistance fund- (4) MEDICAID SERVICES FOR LEGAL IMMI- riod normally required to complete the ed, in whole or in part, by the Federal Gov- GRANTS.—Notwithstanding any other provi- course of study for which the sponsored alien ernment or any State or local government sion of law, for purposes of determining the received assistance described in that sub- entity, for which eligibility for benefits is eligibility for medical assistance under title paragraph. based on need, except the programs listed as XIX of the Social Security Act, the income (3) CERTAIN SERVICES AND ASSISTANCE.—The exceptions in clauses (i) through (vi) of sec- and resources described in subsection (b) requirements of subsection (a) shall not tion 201(a)(1)(A) and the exceptions listed in shall be deemed to be the income of the alien apply to— section 204(d) of the Immigration Reform Act for a period of two years beginning on the (A) any services or assistance described in of 1996. day such alien was first lawfully in the Unit- section 201(a)(1)(A)(vii); and ed States. (B) in the case of an eligible alien (as de- AMENDMENT NO. 3887 scribed in section 201(f)(1))— On page 186 line 24 through page 188 line 23, AMENDMENT NO. 3891 (i) any care or services provided to an alien strike everything and insert the following On page 201, strike lines 1 through 4, and for an emergency medical condition, as de- after the word ‘‘been.’’ insert the following: fined in section 1903(v)(3) of the Social Secu- withheld under section 243 (h) of such Act, (3) CERTAIN SERVICES AND ASSISTANCE.—The rity Act; and (E) an alien paroled into the United States requirements of subsection (a) shall not (ii) any public health assistance for immu- under section 212(d)(5) of such Act for a pe- apply to— nizations and immunizable diseases, and for riod of at least 1 year, or (A) any service or assistance described in the testing and treatment of communicable (F) an alien who is a Cuban or Haitian en- section 201(a)(1)(A)(vii); or diseases. trant (within the meaning of section 501(e) of (B) in the case of an eligible alien (as de- (4) MEDICAID SERVICES FOR LEGAL IMMI- the Refugees Education Assistance Act of fined in section 201(f)(1))— GRANTS.— 1980). (i) any emergency medical service under (A) IN GENERAL.—Notwithstanding any (2) INELIGIBLE ALIEN.—The term ‘‘ineligible title XIX of the Social Security Act; or other provision of law, for purposes of deter- alien’’ means an individual who is not— (ii) any public health assistance for immu- mining the eligibility for medical assistance (A) a United States citizen or national; or nizations and, if the Secretary of Health and under title XIX of the Social Security Act (B) an eligible alien. Human Services determines that it is nec- (other than services for which an exception (3) PUBLIC ASSISTANCE PROGRAM.—The term essary to prevent the spread of serious com- is provided under paragraph (3)(B))— ‘‘public assistance program’’ means any pro- municable disease, for testing and treatment (i) the requirements of subsection (a) shall gram of assistance provided or funded, in of such diseases. not apply to an alien lawfully admitted to whole or in part, by the Federal Government the United States before the date of the en- or any State or local government entity, for AMENDMENT NO. 3892 actment of this Act; and which eligibility for benefits is based on On page 201, strike lines 1 through 4, and (ii) for an alien who has entered the United need. insert the following: States on or after the date of enactment of (4) GOVERNMENT BENEFITS.—The term ‘‘gov- (3) CERTAIN SERVICES AND ASSISTANCE.—The this Act, the income and resources described ernment benefits’’ includes— requirements of subsection (a) shall not in subsection (b) shall be deemed to be the (A) any grant, contract, loan, professional apply to— income of the alien for a period of two years license, or commercial license provided or (A) any service or assistance described in beginning on the day such alien was first funded by an agency of the United States or section 201(a)(1)(A)(vii); and lawfully in the United States. any State or local government entity, ex- (B) in patient hospital services provided by cept, with respect to a nonimmigrant au- a disproportionate share hospital for which AMENDMENT NO. 3885 thorized to work in the United States, any an adjustment in payment to a State under On page 201, strike lines 1 through 4 and in- professional or commercial license required the medicaid program is made in accordance sert the following: to engage in such work, if the nonimmigrant with section 1923 of the Social Security Act. (3) CERTAIN SERVICES AND ASSISTANCE.—The is otherwise qualified for such license; requirements of subsection (a) shall not (B) unemployment benefits payable out of AMENDMENT NO. 3893 apply to— Federal funds; On page 301, strike lines 1 through 4, and (A) any services or assistance described in (C) benefits under title II of the Social Se- insert the following: section 201(a)(1)(A)(vii); and curity Act; (3) CERTAIN SERVICES AND ASSISTANCE.—The (B) in the case of an eligible alien (as de- (D) financial assistance for purposes of sec- requirements of subsection (a) shall not scribed in section 201(f)(1))— tion 214(a) of the Housing and Community apply to— (i) any care or services provided to an alien Development Act of 1980 (Public Law 96–399; (A) any service or assistance described in for an emergency medical condition, as de- 94 Stat. 1637); and section 201(a)(1)(A)(vii); fined in section 1903(v)(3) of the Social Secu- (E) benefits based on residence that are (B) medicaid services provided under title rity Act; and prohibited by subsection (a)(2). XIX of the Social Security Act; (C) public health assistance for immuniza- (ii) any public health assistance for immu- SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR tions and testing and treatment services to nizations and immunizable diseases, and for PURPOSES OF DEPORTATION. prevent the spread of communicable dis- the testing and treatment of communicable (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C. eases. diseases. 124(a)(5) is amended to read as follows: (D) material and child health services (4) MEDICAID SERVICES FOR LEGAL IMMI- ‘‘(5) PUBLIC CHARGE.— block grants under the title V of the Social GRANTS.— ‘‘(A) IN GENERAL.—Any alien who during the public charge period becomes a public Security Act: (A) IN GENERAL.—Notwithstanding any (E) services and assistance provided under other provision of law, for purposes of deter- charge, regardless of when the cause for be- coming a public charge arises, is deportable. titles III, VII, and VIII of the Public Health mining the eligibility for medical assistance Service Act; under title XIX of the Social Security Act ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall not apply if the alien is a refugee or has been (F) preventive health and health services (other than services for which an exception block grants under title XIX of the Public is provided under paragraph (3)(B))— granted asylum, if the alien is a Cuban or Haitian entrant (within the meaning of sec- Health Service Act; (i) the requirements of subsection (a) shall (G) migrant health center grants under the tion 501(e) of the Refugee Education Assist- not apply to an alien lawfully admitted to Public Health Service Act; and ance Act of 1980) or if the cause of the alien’s the United States before the date of the en- (H) community health center grants under becoming a public charge— actment of this Act; and the Public Health Service Act. (ii) for an alien who has entered the United States on or after the date of enactment of AMENDMENT NO. 3888 this Act, the income and resources described On page 181, beginning on line 19, strike all REID AMENDMENTS NOS. 3894–3895 in subsection (b) shall be deemed to be the through page 182, line 2. (Ordered to lie on the table.) S4434 CONGRESSIONAL RECORD — SENATE April 30, 1996 Mr. REID submitted two amend- the performance of female genital mutila- (2) to educate employers on the require- ments intended to be proposed by him tion’’; and ments of the law and in other ways as nec- to the bill S. 1664, supra; as follows: (D) by adding at the end the following new essary to prevent employment discrimina- sentence: ‘‘The term ‘female genital mutila- tion. AMENDMENT NO. 3894 tion’ means an action described in section (c) AUTHORIZATION OF APPROPRIATIONS.— At the appropriate place insert the follow- 116(a) of title 18, United States Code.’’. There are authorized to be appropriated to ing new section: (2) Section 243(h)(1) (8 U.S.C. 1253(h)(1)) is the Attorney General $100,000,000 to carry SEC. . PASSPORTS ISSUED FOR CHILDREN amended by inserting after ‘‘political opin- out the functions of the Office established UNDER 16. ion’’ the following: ‘‘or would be threatened under subsection (a). (a) IN GENERAL.—Section 1 of title IX of with an act of female genital mutilation’’. the Act of June 15, 1917 (22 U.S.C. 213) is (c) CRIMINAL CONDUCT.— AMENDMENT NO. 3897 (1) IN GENERAL amended— .—Chapter 7 of title 18, Unit- At the end of the bill, add the following (1) by striking ‘‘Before’’ and inserting ‘‘(a) ed States Code, is amended by adding at the new title: end the following new section: IN GENERAL.—Before’’, and TITLE III—MISCELLANEOUS PROVISIONS (2) by adding at the end the following new ‘‘§ 116. Female genital mutilation subsection: ‘‘(a) Except as provided in subsection (b), SEC. 301. INVESTIGATORS OF UNLAWFUL EM- PLOYMENT ACTIVITIES. ‘‘(b) PASSPORTS ISSUED FOR CHILDREN whoever knowingly circumcises, excises, or Of the number of investigators authorized UNDER 16.— infibulates the whole or any part of the labia by section 102(a) of this Act, not less than 150 ‘‘(1) SIGNATURES REQUIRED.—In the case of majora or labia minora or clitoris of another full-time active-duty investigators in each a child under the age of 16, the written appli- person who has not attained the age of 18 such fiscal year shall perform only the func- cation required as a prerequisite to the issu- years shall be fined under this title or im- tions of investigating and prosecuting viola- ance of a passport for such child shall be prisoned not more than 5 years, or both. tions of section 274A(a) of the Immigration signed by— ‘‘(b) A surgical operation is not a violation and Nationality Act (8 U.S.C. 1324a(a)). ‘‘(A) both parents of the child if the child of this section if the operation is— lives with both parents; ‘‘(1) necessary to the health of the person AMENDMENT NO. 3898 ‘‘(B) the parent of the child having primary on whom it is performed, and is performed by custody of the child if the child does not live a person licensed in the place of its perform- At the end of the bill, add the following with both parents; or ance as a medical practitioner; or new title: ‘‘(C) the surviving parent (or legal guard- ‘‘(2) performed on a person in labor or who TITLE III—MISCELLANEOUS PROVISIONS ian) of the child, if 1 or both parents are de- has just given birth and is performed for SEC. 301. OFFICE FOR EMPLOYER SANCTIONS. ceased. medical purposes connected with that labor (a) ESTABLISHMENT; FUNCTIONS.—There is ‘‘(2) WAIVER.—The Secretary of State may or birth by a person licensed in the place it established within the Department of Justice waive the requirements of paragraph (1)(A) if is performed as a medical practitioner, mid- an Office for Employer Sanctions charged the Secretary determines that cir- wife, or person in training to become such a with the responsibility of— cumstances do not permit obtaining the sig- practitioner or midwife. (1) providing advice and guidance to em- natures of both parents.’’. ‘‘(c) In applying subsection (b)(1), no ac- ployers and employees relating to unlawful (b) EFFECTIVE DATE.—The amendments count shall be taken of the effect on the per- employment of aliens under section 274A of made by this section shall apply to applica- son on whom the operation is to be per- the Immigration and Nationality Act and tions for passports filed on or after the date formed of any belief on the part of that or unfair immigration-related employment of the enactment of this Act. any other person that the operation is re- practices under 274B of such Act; quired as a matter of custom or ritual. (2) assisting employers in complying with AMENDMENT NO. 3895 ‘‘(d) Whoever knowingly denies to any per- those laws; and At the appropriate place in the bill, insert son medical care or services or otherwise dis- (3) coordinating other functions related to the following: criminates against any person in the provi- the enforcement under this Act of employer sion of medical care or services, because— sanctions. SEC. . FEMALE GENITAL MUTILATION. ‘‘(1) that person has undergone female cir- (a) CONGRESSIONAL FINDINGS.—The Con- (b) COMPOSITION.—The members of the Of- cumcision, excision, or infibulation; or fice shall be designated by the Attorney Gen- gress finds that— ‘‘(2) that person has requested that female (1) the practice of female genital mutila- eral from among officers or employees of the circumcision, excision, or infibulation be Immigration and Naturalization Service or tion is carried out by members of certain performed on any person; cultural and religious groups within the other components of the Department of Jus- shall be fined under this title or imprisoned United States; tice. not more than one year, or both.’’. (2) the practice of female genital mutila- (c) ANNUAL REPORT.—The Office shall re- (2) CONFORMING AMENDMENT.—The table of tion often results in the occurrence of phys- port annually to the Attorney General on its sections at the beginning of chapter 7 of title ical and psychological health effects that operations. 18, United States Code, is amended by adding harm the women involved; at the end the following new item: (3) such mutilation infringes upon the GRAHAM AMENDMENTS NOS. 3899– guarantees of rights secured by Federal and ‘‘116. Female genital mutilation.’’. 3902 State law, both statutory and constitu- (d) EFFECTIVE DATE.—Subsection (c) shall tional; take effect on the date that is 180 days after (Ordered to lie on the table.) (4) the unique circumstances surrounding the date of the enactment of this Act. Mr. GRAHAM submitted four amend- the practice of female genital mutilation ments intended to be proposed by him place it beyond the ability of any single BRADLEY AMENDMENTS NOS. 3896– to the bill S. 1664, supra; as follows: State of local jurisdiction to control; 3898 AMENDMENT NO. 3899 (5) the practice of female genital mutila- Beginning on page 210, strike line 22 and tion can be prohibited without abridging the (Ordered to lie on the table.) all that follows through line 9 on page 211. exercise of any rights guaranteed under the Mr. BRADLEY submitted three First Amendment to the Constitution or amendments intended to be proposed AMENDMENT NO. 3900 under any other law; and by him to the bill S. 1664, supra; as fol- (6) Congress has the affirmative power lows: On page 201, strike lines 1 through 4, and under section 8 of article I, the necessary insert the following: and proper clause, section 5 of the Four- AMENDMENT NO. 3896 (3) CERTAIN SERVICES AND ASSISTANCE.—the teenth Amendment, as well as under the At the end of the bill, add the following requirements of subsection (a) shall not treaty clause of the Constitution to enact new title: apply to— such legislation. TITLE III—MISCELLANEOUS PROVISIONS (A) any service or assistance described in section 201(a)(1)(A)(vii); and (b) BASIS OF ASYLUM.—(1) Section 101(a)(42) SEC. 301. ENFORCEMENT OF EMPLOYER SANC- (B) medicare cost-sharing provided to a (8 U.S.C. 1101(a)(42)) is amended— TIONS. qualified medicare beneficiary (as such (A) by inserting after ‘‘political opinion’ (a) ESTABLISHMENT OF NEW OFFICE.—There terms are defined under section 1905(p) of the the first place it appears: ‘‘or because the shall be in the Immigration and Naturaliza- Social Security Act). person has been threatened with an act of fe- tion Service of the Department of Justice an male genital mutilation’’; Office for the Enforcement of Employer AMENDMENT NO. 3901 (B) by inserting after ‘‘political opinion’’ Sanctions (in this section referred to as the the second place it appears the following: ‘‘, ‘‘Office’’). On page 180, lines 13 and 14, strike ‘‘seri- or who has been threatened with an act of fe- (b) FUNCTIONS.—The functions of the Office ous’’. male genital mutilation’’; established under subsection (a) shall be— (C) by inserting after ‘‘political opinion’’ (1) to investigate and prosecute violations AMENDMENT NO. 3902 the third place it appears the following: ‘‘or of section 274A(a) of the Immigration and Strike page 180, line 15, through 181 line 9, who ordered, threatened, or participated in Nationality Act (8 U.S.C. 1324a(a)); and and insert: April 30, 1996 CONGRESSIONAL RECORD — SENATE S4435 treatment for such diseases, that cannot be performed by other INS per- not to exceed 90 days, unless within such 90- (vii) such other service or assistance (such sonnel. day period or extension thereof, the Attor- as soup kitchens, crisis counseling, interven- (4) The transfer of 200 Border Patrol agents ney General determines, after consultation tion (including intervention for domestic vi- from interior stations to the Southwest bor- with the Committees on the Judiciary of the olence), and short-term shelter) as the Attor- der, which would not increase the total num- Senate and the House of Representatives, ney General specifies, in the Attorney Gen- ber of law enforcement personnel at INS, that an extraordinary migration situation eral’s sole and unreviewable discretion, after would cost the federal government approxi- continues to warrant such procedures re- consultation with the heads of appropriate mately $12,000,000. maining in effect for an additional 90-day pe- Federal agencies, if— (5) The cost to the federal government of riod. (I) such service or assistance is delivered at hiring new criminal investigators and other ‘‘(5) No alien may be ordered specially ex- the community level, including through pub- personnel for interior stations is likely to be cluded under paragraph (1) if— lic or private nonprofit agencies; greater than the cost of retaining Border Pa- ‘‘(A) such alien is eligible to seek asylum (II) such service or assistance is necessary trol agents at interior stations. under section 208; and ‘‘(B) the Attorney General determines, in for the protection of life, safety, or public (6) The first recommendation of the report the procedure described in subsection (b), health; and by the National Task Force on Immigration was to increase the number of Border Patrol that such alien has a credible fear of persecu- (III) such service or assistance or the tion on account of race, religion, national- amount or cost of such service or assistance agents at the interior stations. (7) Therefore, it is the sense of the Con- ity, membership in a particular social group is not conditioned on the recipient’s income or political opinion in the country of such or resources; and gress that— (A) the U.S. Border Patrol plays a key role person’s nationality, or in the case of a per- (viii) in the case of nonimmigrant migrant son having no nationality, the country in workers and their dependents, Head Start in apprehending and deporting undocu- mented aliens throughout the United States; which such person last habitually resided. programs under the Head Start Act (42 ‘‘(6) A special exclusion order enter in ac- U.S.C. 9831 et. seq.) and other educational, (B) interior Border Patrol stations play a unique and critical role in the agency’s en- cordance with the provisions of this section housing and health assistance being provided is not subject to administrative review other forcement mission and serve as an invaluable to such class of aliens as of the date of enact- than as provided in this section, except that second line of defense in controlling illegal ment of this Act, or the Attorney General shall provide by regu- immigration and its penetration to the inte- lation for a prompt administrative review of rior of our country; such an order against an applicant who GRAMM AMENDMENTS NOS. 3903– (C) a redeployment of Border Patrol agents claims under oath, or as permitted under 3904 at interior stations would not be cost-effec- penalty of perjury under section 1746 of title tive and is unnecessary in view of plans to (Ordered to lie on the table.) 28, United States Code, after having been nearly double the number of Border Patrol Mr. GRAMM submitted two amend- warned of the penalties for falsely making agents over the next five years; and such claim under such conditions, to have ments intended to be proposed by him (D) the INS should hire, train and assign to the bill S. 1664, supra; as follows: been, and appears to have been, lawfully ad- new staff based on a strong Border Patrol mitted for permanent residence. AMENDMENT NO. 3903 presence both on the Southwest border and ‘‘(7) A special exclusion order entered in At the end, insert the following: in interior stations that support border en- accordance with the provisions of this sec- forcement. SEC. . DEVELOPMENT OF COUNTERFEIT-RESIST- tion shall have the same effect as if the alien ANT SOCIAL SECURITY CARD. had been ordered excluded and deported pur- (a) DEVELOPMENT.—Not later than 1 year LEAHY (AND OTHERS) suant to section 236. after the date of enactment of this Act, the AMENDMENT NO. 3905 ‘‘(8) Nothing in this subsection shall be construed as requiring an inquiry before a Commissioner of Social Security (hereafter (Ordered to lie on the table.) special inquiry officer in the case of an alien in this section referred to as the ‘‘Commis- Mr. LEAHY (for himself, Mr. crewman. sioner’’) shall, in accordance with this sec- DEWINE, and Mr. HATFIELD) submitted ‘‘(b) PROCEDURE FOR USING SPECIAL EXCLU- tion, develop a counterfeit-resistant social an amendment intended to be proposed SION.—(1) When the Attorney General has de- security card. Such card shall— termined pursuant to this section that an ex- (1) be made of a durable, tamper-resistant by them to the bill S. 1664, supra; as follows: traordinary migration situation exists and material such as plastic or polyester, an alien subject to special exclusion under (2) employ technologies that provide secu- At the end of the bill, add the following: such section has indicated a desire to apply rity features, such as magnetic stripes, TITLE III—MISCELLANOUS PROVISIONS for asylum or withholding or deportation holograms, and integrated circuits, and SEC. 301. (a) Notwithstanding any other under section 243(h) or has indicated a fear of (3) be developed so as to provide individ- provision of this Act, sections 131, 132, 141, persecution upon return, the immigration of- uals with reliable proof of citizenship or 193 and 198(b) shall have no force or effect. ficer shall refer the matter to an asylum offi- legal resident alien status. (b) Section 106(f) of the Immigration and cer. (b) PROCEDURES FOR ISSUANCE.—The Com- Nationality Act (8 U.S.C. 1105(f) is repealed. ‘‘(2) Such asylum officer shall interview missioner shall make a social security card (c) The Immigration and Nationality Act is the alien to determine whether the alien has of the type described in subsection (a) avail- amended by adding after section 236 (8 U.S.C. a credible fear of persecution (or of return to able, at cost, to any individual requesting 1226) the following new section: persecution) in or from the country of such such a card to replace a card previously is- ‘‘SPECIAL EXCLUSION IN EXTRAORDINARY alien’s nationality, or in the case of a person sued to such individual. MIGRATION SITUATIONS having no nationality, the country in which (c) COUNTERFEIT-RESISTANT CARD VOL- such alien last habitually resided. ‘‘SEC. 236A. (a) IN GENERAL.— UNTARY FOR INDIVIDUALS.—The Commis- ‘‘(3) The Attorney General shall provide in- ‘‘(1) Notwithstanding the provisions of sec- sioner may not require any individual to ob- formation concerning the procedures de- tions 235(b) and 236, and subject to sub- tain a social security card of the type de- scribed in this section to any alien who is section (c), if the Attorney General deter- scribed in subsection (a). subject to such provisions. The alien may mines that the numbers or circumstances of consult with or be represented by a person or aliens en route to or arriving in the United AMENDMENT NO. 3904 persons of the alien’s choosing according to States, by land, sea, or air, present an ex- regulations prescribed by the Attorney Gen- At the end, insert the following: traordinary migration situation, the Attor- eral. Such consultation and representation ‘‘SEC. —. FINDINGS RELATED TO THE ROLE OF ney General may, without referral to a spe- shall be at no expense to the Government INTERIOR BORDER PATROL STA- cial inquiry officer, order the exclusion and and shall not unreasonably delay the proc- TIONS. deportation of any alien who is found to be ess. The Congress makes the following findings: excludable under section 212(a)(6)(C) or (7). ‘‘(4) The application for asylum or with- (1) The Immigration and Naturalization ‘‘(2) As used in this section, the term ‘ex- holding of deportation of an alien who has Service has drafted a preliminary plan for traordinary migration situation’ means the been determined under the procedure de- the removal of 200 Border Patrol agents from arrival or imminent arrival in the United scribed in paragraph (2) to have a credible interior stations and the transfer of these States or its territorial waters of aliens who fear of persecution shall be determined in agents to the Southwest border. by their numbers or circumstances substan- due course by a special inquiry officer during (2) The INS has stated that it intends to tially exceed the capacity of the inspection a hearing on the exclusion of such alien. carry out this transfer without disrupting and examination of such aliens. ‘‘(5) If the officer determines that the alien service and support to the communities in ‘‘(3) Subject to paragraph (4), the deter- does not have a credible fear of persecution which interior stations are located. mination whether there exists an extraor- in (or of return to persecution from) the (3) Briefings conducted by INS personnel in dinary migration situation within the mean- country or countries referred to in paragraph communities with interior Border Patrol ing of paragraphs (1) and (2) is committed to (2), the alien may be specially excluded and stations have revealed that Border Patrol the sole and exclusive discretion of the At- deported in accordance with this section. agents at interior stations, particularly torney General. ‘‘(6) The Attorney General shall provide by those located in Southwest border States, ‘‘(4) The provisions of this subsection may regulation for a single level of administra- perform valuable law enforcement functions be invoked under paragraph (1) for a period tive appellate review of a special exclusion S4436 CONGRESSIONAL RECORD — SENATE April 30, 1996 order entered in accordance with the provi- LEAHY AMENDMENTS NOS. 3906– special inquiry officer in the case of an alien sions of this section. 3910 crewman. ‘‘(7) As used in this section, the term ‘asy- ‘‘(b) PROCEDURE FOR USING SPECIAL EXCLU- lum officer’ means an immigration officer (Ordered to lie on the table.) SION.—(1) When the Attorney General has de- who— Mr. LEAHY submitted five amend- termined pursuant to this section that an ex- ‘‘(A) has had extensive professional train- ments intended to be proposed by him traordinary migration situation exits and an ing in country conditions, asylum law, and to the bill S. 1664, supra; as follows: alien subject to special exclusion under such interview techniques; AMENDMENT NO. 3906 section has indicated a desire to apply for asylum or withholding of deportation under ‘‘(B) has had at least one year of experi- At the end of the bill, add the following: ence adjudicating affirmative asylum appli- section 243(h) or has indicated a fear of per- TITLE III—MISCELLANEOUS PROVISIONS cations of aliens who are not in special ex- secution upon return, the immigration offi- clusion proceedings; and SEC. 301(a). Notwithstanding any other pro- cer shall refer the matter to an asylum offi- ‘‘(C) is supervised by an officer who meets vision of this Act, the Immigration and Na- cer. the qualifications described in subpara- tionality Act is amended by adding after sec- ‘‘(2) Such asylum officer shall interview graphs (A) and (B). tion 236 (8 U.S.C. 1226) the following new sec- the alien to determine whether the alien has ‘‘(8) As used in this section, the term ‘cred- tion: a credible fear of persecution (or of return to ible fear of persecution’ means that, in light ‘‘SPECIAL EXCLUSION IN EXTRAORDINARY persecution) in or from the country of such of statements and evidence produced by the MIGRATION SITUATIONS alien’s nationality, or in the case of a person alien in support of the alien’s claim, and of ‘‘SEC. 236A. (a) IN GENERAL.— having no nationality, the country in which such other facts as are known to the officer ‘‘(1) Notwithstanding the provisions of sec- such alien last habitually resided. about country conditions, a claim by the tions 235(b) and 236, and subject to sub- ‘‘(3) The Attorney General shall provide in- alien that the alien is eligible for asylum section (c), if the Attorney General deter- formation concerning the procedures de- under section 208 would not be manifestly mines that the numbers or circumstances of scribed in this section to any alien who is unfounded. aliens en route to or arriving in the United subject to such provisions. The alien may consult with or be represented by a person or ‘‘(c) ALIENS FLEEING ONGOING ARMED CON- States, by land, sea, or air, present an ex- persons of the alien’s choosing according to FLICT, TORTURE, SYSTEMATIC PERSECUTION, traordinary migration situation, the Attor- regulations prescribed by the Attorney Gen- AND OTHER DEPRIVATIONS OF HUMAN ney General may, without referral to a spe- eral. Such consultation and representation RIGHTS.—Notwithstanding any other provi- cial inquiry officer, order the exclusion and sion of this section, the Attorney General deportation of any alien who is found to be shall be at no expense to the Government may, in the Attorney General’s discretion, excludable under section 212(a) (6)(C) or (7). and shall not unreasonably delay the proc- proceed in accordance with section 236 with ‘‘(2) As used in this section, the term ‘ex- ess. ‘‘(4) The application for asylum or with- regard to any alien fleeing from a country traordinary migration situation’ means the holding of deportation of an alien who has where— arrival or imminent arrival in the United been determined under the procedure de- ‘‘(1) the government (or a group within the States or its territorial waters of aliens who scribed in paragraph (2) to have a credible country that the government is unable or by their numbers or circumstances substan- fear of persecution shall be determined in unwilling to control) engages in— tially exceed the capacity of the inspection due course by a special inquiry officer during ‘‘(A) torture or other cruel, inhuman, or and examination of such aliens. a hearing on the exclusion of such alien. degrading treatment or punishment; ‘‘(3) Subject to paragraph (4), the deter- ‘‘(5) If the officer determines that the alien ‘‘(B) prolonged arbitrary detention without mination whether there exists an extraor- does not have a credible fear of persecution charges or trial; dinary migration situation within the mean- in (or of return to persecution from) the ‘‘(C) abduction, forced disappearance or ing of paragraphs (1) and (2) is committed to country or countries referred to in paragraph clandestine detention; or the sole and exclusive discretion of the At- (2), the alien may be specially excluded and ‘‘(D) systematic persecution; or torney General. ‘‘(4) The provisions of this subsection may deported in accordance with this section. ‘‘(2) an ongoing armed conflict or other ex- ‘‘(6) The Attorney General shall provide by be invoked under paragraph (1) for a period traordinary conditions would pose a serious regulation for a single level of administra- not to exceed 90 days, unless within such 90- threat to the alien’s personal safety.’’. tive appellate review of a special exclusion day period or extension thereof, the Attor- (d) CONFORMING AMENDMENTS.—(1)(A) Sec- order entered in accordance with the provi- ney General determines, after consultation tion 235(b) of the Immigration and National- sions of this section. with the Committees on the Judiciary of the ity Act (8 U.S.C. 1225b) is amended to read as ‘‘(7) As used in this section, the term ‘asy- Senate and the House of Representatives, follows: lum officer’ means an immigration officer that an extraordinary migration situation ‘‘(b) Every alien (other than an alien crew- who— man), and except as otherwise provided in continues to warrant such procedures re- ‘‘(A) has had extensive professional train- subsection (c) of this section and in section maining in effect for an additional 90-day pe- ing in country conditions, asylum law, and 273(d), who may not appear to the examining riod. interview techniques; officer at the port of arrival to be clearly and ‘‘(5) No alien may be ordered specially ex- ‘‘(B) has had at least one year of experi- beyond a doubt entitled to land shall be de- cluded under paragraph (1) if— ence adjudicating affirmative asylum appli- tained for further inquiry to be conducted by ‘‘(A) such alien is eligible to seek asylum cations of aliens who are not in special ex- a special inquiry officer. The decision of the under section 208; and clusion proceedings; and examining immigration officer, if favorable ‘‘(B) the Attorney General determines, in ‘‘(C) is supervised by an officer who meets to the admission of any alien, shall be sub- the procedure described in subsection (b), the qualifications described in subpara- ject to challenge by any other immigration that such alien has a credible fear of persecu- graphs (A) and (B). officer and such challenge shall operate to tion on account of race, religion, national- ‘‘(8) As used in this section, the term ‘cred- take the alien, whose privilege to land is so ity, membership in a particular social group ible fear of persecution’ means that, in light challenged, before a special inquiry officer.’’. or political opinion in the country of such of statements and evidence produced by the (B) Section 237(a) of the Immigration and person’s nationality, or in the case of a per- alien in support of the alien’s claim, and of Nationality Act (8 U.S.C. 1227a) is amended— son having no nationality, the country in such other facts as are known to the officer (i) in the second sentence of paragraph (1), which such person last habitually resided. about country conditions, a claim by the by striking ‘‘Subject to section 235(b)(1), de- ‘‘(6) A special exclusion order entered in alien that the alien is eligible for asylum portation’’ and inserting ‘‘Deportation’’; and accordance with the provisions of this sec- under section 208 would not be manifestly (ii) in the first sentence of paragraph (2), tion is not subject to administrative review unfounded. by striking ‘‘Subject to section (b)(1), if’’ and other than as provided in this section, except ‘‘(c) ALIENS FLEEING ONGOING ARMED CON- inserting ‘‘If’’. that the Attorney General shall provide by FLICT, TORTURE, SYSTEMATIC PERSECUTION, (2)(A) Section 106 of the Immigration and regulation for a prompt administrative re- AND OTHER DEPRIVATIONS OF HUMAN Nationality Act (8 U.S.C. 1105a) is amended— view of such an order against an applicant RIGHTS.—Notwithstanding any other provi- (i) by striking subsection (e); and who claims under oath, or as permitted sion of this section, the Attorney General (ii) by amending the section heading to under penalty of perjury under section 1746 may, in the Attorney General’s discretion, read as follows: ‘‘JUDICIAL REVIEW OF ORDERS of title 28, United States Code, after having proceed in accordance with section 236 with OF DEPORTATION AND EXCLUSION’’. been warned of the penalties for falsely mak- regard to any alien fleeing from a country (B) Section 235(d) (8 U.S.C. 1225d) is re- ing such claim under such conditions, to where— pealed. have been, and appears to have been, law- ‘‘(1) the government (or a group within the (C) the item relating to section 106 in the fully admitted for permanent residence. country that the government is unable or table of contents of the Immigration and Na- ‘‘(7) A special exclusion order entered in unwilling to control) engages in— tionality Act is amended to read as follows: accordance with the provisions of this sec- ‘‘(A) torture or other cruel, inhuman, or tion shall have the same effect as if the alien degrading treatment or punishment; ‘‘106. Judicial review of orders of deportation had been ordered excluded and deported pur- ‘‘(B) prolonged arbitrary detention without and exclusion.’’. suant to section 236. charges or trial; (3) Section 241(d) (8 U.S.C. 1251d) is re- ‘‘(8) Nothing in this subsection shall be ‘‘(C) abduction, forced disappearance or pealed. construed as requiring an inquiry before a clandestine detention; or April 30, 1996 CONGRESSIONAL RECORD — SENATE S4437 ‘‘(D) systematic persecution; or Human Services determines that it is nec- such services after such date, shall be reim- ‘‘(2) an ongoing armed conflict or other ex- essary to prevent the spread of a serious bursed for the costs incurred in providing traordinary conditions would pose a serious communicable disease, for testing and treat- such services. In no case shall States be re- threat to the alien’s personal safety.’’. ment for such diseases, and quired to provide services in excess of the (vi) such other service or assistance (such amounts provided in subparagraph (B). AMENDMENT NO. 3907 as soup kitchens, crisis counseling, interven- (b) UNEMPLOYMENT BENEFITS.—Notwith- At the end of the bill, add the following: tion (including intervention for domestic vi- standing any other provision of law, only eli- gible aliens who have been granted employ- TITLE III—MISCELLANEOUS PROVISIONS olence), and short-term shelter) as the Attor- ney General specifies, in the Attorney Gen- ment authorization pursuant to Federal law, SEC. 301. Notwithstanding any other provi- eral’s sole and unreviewable discretion, after and United States citizens or nationals, may sion of this Act, Sections 131, 132, 141, 193 and consultation with the heads of appropriate receive unemployment benefits payable out 198(b) shall have no force or effect. Federal agencies, if— of Federal funds, and such eligible aliens (I) such service or assistance is delivered at may receive only the portion of such benefits AMENDMENT NO. 3908 the community level, including through pub- which is attributable to the authorized em- At the end of the bill, add the following: lic or private nonprofit agencies; ployment. TITLE III—MISCELLANEOUS PROVISIONS (II) such service or assistance is necessary (c) SOCIAL SECURITY BENEFITS.— (1) IN GENERAL.—Notwithstanding any SEC. 301(a). Section 235(b) of the Immigra- for the protection of life, safety, or public other provision of law, only eligible aliens tion and Nationality Act (8 U.S.C. 1225b) is health; and (III) such service or assistance or the who have been granted employment author- amended to read as follows: ization pursuant to Federal law and United ‘‘(b) Every alien (other than an alien crew- amount or cost of such service or assistance States citizen or nationals may receive any man), and except as otherwise provided in is not conditioned on the recipient’s income benefit under title II of the Social Security subsection (c) of this section and in section or resources; or Act, and such eligible aliens may receive 273(d), who may not appear to the examining (B) any grant, contract, loan, professional license, or commercial license provided or only the portion of such benefits which is at- officer at the port of arrival to be clearly and tributable to the authorized employment. beyond a doubt entitled to land shall be de- funded by any agency of the United States or any State or local government entity, ex- (2) NO REFUND OR REIMBURSEMENT.—Not- tained for further inquiry to be conducted by withstanding any other provision of law, no a special inquiry officer. The decision of the cept, with respect to a nonimmigrant au- thorized to work in the United States, any tax or other contribution required pursuant examining immigration officer, if favorable to the Social Security Act (other than by an to the admission of any alien, shall be sub- professional or commercial license required to engage in such work, if the nonimmigrant eligible alien who has been granted employ- ject to challenge by any other immigration ment authorization pursuant to Federal law, officer and such challenge shall operate to is otherwise qualified for such license. (2) BENEFITS OF RESIDENCE.—Notwithstand- or by an employer of such alien) shall be re- take the alien, whose privilege to land is so funded or reimbursed, in whole or in part. challenged, before a special inquiry officer.’’. ing any other provision of law, no State or local government entity shall consider any (d) HOUSING ASSISTANCE PROGRAMS.—Not (2) Section 237(a) of the Immigration and later than 90 days after the date of the enact- Nationality Act (8 U.S.C. 1227a) is amended— ineligible alien as a resident when to do so would place such alien in a more favorable ment of this Act, the Secretary of Housing (i) in the second sentence of paragraph (1), and Urban Development shall submit a re- by striking ‘‘Subject to section 234(b)(1), de- position, regarding access to, or the cost of, any benefit or government service, than a port to the Committee on the Judiciary and portation’’ and inserting ‘‘Deportation’’; and the Committee on Banking, Housing, and United States citizen who is not regarded as (ii) in the first sentence of paragraph (2), Urban Affairs of the Senate, and the Com- such a resident. by striking ‘‘Subject to section (b)(1), if’’ and mittee on the Judiciary and the Committee (3) NOTIFICATION OF ALIENS.— inserting ‘‘If’’. on Banking and Financial Services of the (A) IN GENERAL.—The agency administer- (b)(1) Section 106 of the Immigration and House of Representatives, describing the ing a program referred to in paragraph (1)(A) Nationality Act (8 U.S.C. 1105a) is amended— manner in which the Secretary is enforcing or providing benefits referred to in para- (i) by striking subsection (e); and section 214 of the Housing and Community graph (1)(B) shall, directly or, in the case of (ii) by amending the section heading to Development Act of 1980 (Public Law 96–399; a Federal agency, through the States, notify read as follows: ‘‘JUDICIAL REVIEW OF ORDERS 94 Stat. 1637) and containing statistics with individually or by public notice, all ineli- OF DEPORTATION AND EXCLUSION’’. respect to the number of individuals denied (2) Section 235(d) (8 U.S.C. 1225d) is re- gible aliens who are receiving benefits under financial assistance under such section. pealed. a program referred to in paragraph (1)(A), or (e) NONPROFIT, CHARITABLE ORGANIZA- (3) The item relating to section 106 in the are receiving benefits referred to in para- TIONS.— table of contents of the Immigration and Na- graph (1)(B), as the case may be, imme- (1) IN GENERAL.—Nothing in this Act shall tionality Act is amended to read as follows: diately prior to the date of the enactment of be construed as requiring a nonprofit chari- ‘‘106. Judicial review of orders of deportation this Act and whose eligibility for the pro- table organization operating any program of and exclusion.’’. gram is terminated by reason of this sub- assistance provided or funded, in whole or in (c) Section 241(d)(8 U.S.C. 1251d) is re- section. part, by the Federal Government to— pealed. (B) FAILURE TO GIVE NOTICE.—Nothing in (A) determine, verify, or otherwise require subparagraph (A) shall be construed to re- proof of the eligibility, as determined under AMENDMENT NO. 3909 quire or authorize continuation of such eligi- this title, of any applicant for benefits or as- At the end of the bill, add the following: bility if the notice required by such para- sistance under such program; or graph is not given. TITLE III—MISCELLANEOUS PROVISIONS (B) deem that the income or assets of any (4) LIMITATION ON PREGNANCY SERVICES FOR applicant for benefits or assistance under SEC. 301(a). Section 106(f) of the Immigra- UNDOCUMENTED ALIENS.— such program include the income or assets tion and Nationality Act (8 U.S.C. 1105f) is (A) 3-YEAR CONTINUOUS RESIDENCE.—An in- described in section 204(b). repealed. eligible alien may not receive the services (2) NO EFFECT ON FEDERAL AUTHORITY TO described in paragraph (1)(A)(ii) unless such DETERMINE COMPLIANCE.—Nothing in this AMENDMENT NO. 3910 alien can establish proof of continuous resi- subsection shall be construed as prohibiting At the end of the bill add: The language on dence in the United States for not less than the Federal Government from determining page 180, line 6 and all that follows through 3 years, as determined in accordance with the eligibility, under this section or section page 201, line 4, of the Dole amendment is section 245a.2(d)(3) of title 8, Code of Federal 204, of any individual for benefits under a deemed to read: Regulations as in effect on the day before public assistance program (as defined in sub- (iv) assistance or benefits under— the date of the enactment of this Act. section (f)(3)) or for government benefits (as (I) the National School Lunch Act (42 (B) LIMITATION ON EXPENDITURES.—Not defined in subsection (f)(4)). U.S.C. 1751 et seq.), more than $120,000,000 in outlays may be ex- (f) DEFINITIONS.—For the purposes of this (II) the Child Nutrition Act of 1966 (42 pended under title XIX of the Social Secu- section— U.S.C. 1771 et seq.), rity Act for reimbursement of services de- (1) ELIGIBLE ALIEN.—The term ‘‘eligible (III) section 4 of the Agriculture and scribed in paragraph (1)(A)(ii) that are pro- alien’’ means an individual who is— Consumer Protection Act of 1973 (Public Law vided to individuals described in subpara- (A) an alien lawfully admitted for perma- 93–86; 7 U.S.C. 612c note), graph (A). nent residence under the Immigration and (IV) the Emergency Food Assistance Act of (C) CONTINUED SERVICES BY CURRENT Nationality Act, 1983 (Public Law 98–8; 7 U.S.C. 612c note), STATES.—States that have provided services (B) an alien granted asylum under section (V) section 110 of the Hunger Prevention described in paragraph (1)(A)(ii) for a period 208 of such Act, Act of 1988 (Public Law 100–435; 7 U.S.C. 612c of 3 years before the date of the enactment of (C) a refugee admitted under section 207 of note), and this Act shall continue to provide such serv- such Act, (VI) the food distribution program on In- ices and shall be reimbursed by the Federal (D) an alien whose deportation has been dian reservations established under section Government for the costs incurred in provid- withheld under section 243(h) of such Act, or 4(b) of Public Law 88–525 (7 U.S.C. 2013(b)), ing such services. States that have not pro- (E) an alien paroled into the United States (v) public health assistance for immuniza- vided such services before the date of the en- under section 212(d)(5) of such Act for a pe- tions and, if the Secretary of Health and actment of this Act, but elect to provide riod of at least 1 year. S4438 CONGRESSIONAL RECORD — SENATE April 30, 1996

(2) INELIGIBLE ALIEN.—The term ‘‘ineligible Government or any State or local govern- (A) not less than $250 or more than $2,000, alien’’ means an individual who is not— ment entity, for which eligibility for bene- or (A) a United States citizen or national; or fits is based on need, except the programs (B) if such failure occurs with knowledge (B) an eligible alien. listed as exceptions in clauses (i) through that the sponsored individual has received (3) PUBLIC ASSISTANCE PROGRAM.—The term (vi) of section 201(a)(1)(A) of the Immigration any benefit described in section 241(a)(5)(D) ‘‘public assistance program’’ means any pro- Reform Act of 1996.’’. of the Immigration and Nationality Act, as gram of assistance provided or funded, in (b) CONSTRUCTION.—Nothing in subpara- amended by section 202(a) of this Act, not whole or in part, by the Federal Government graph (B), (C), or (D) of section 241(a)(5) of less than $2,000 or more than $5,000. or any State or local government entity, for the Immigration and Nationality Act, as (d) REIMBURSEMENT OF GOVERNMENT EX- which eligibility for benefits is based on amended by subsection (a), may be construed PENSES.— need. to affect or apply to any determination of an (1) IN GENERAL.— (4) GOVERNMENT BENEFITS.—The term ‘‘gov- alien as a public charge made before the date (A) REQUEST FOR REIMBURSEMENT.—Upon ernment benefits’’ includes— of the enactment of this Act. notification that a sponsored individual has (A) any grant, contract, loan, professional (c) REVIEW OF STATUS.— received any benefit described in section license, or commercial license provided or (1) IN GENERAL.—In reviewing any applica- 241(a)(5)(D) of the Immigration and National- funded by any agency of the United States or tion by an alien for benefits under section ity Act, as amended by section 202(a) of this any State or local government entity, ex- 216, section 245, or chapter 2 of title III of the Act, the appropriate Federal, State, or local cept, with respect to a nonimmigrant au- Immigration and Nationality Act, the Attor- official shall request reimbursement from thorized to work in the United States, any ney General shall determine whether or not the sponsor for the amount of such assist- professional or commercial license required the applicant is described in section ance. to engage in such work, if the nonimmigrant 241(a)(5)(A) of such Act, as so amended. (B) REGULATIONS.—The Commissioner of is otherwise qualified for such license; (2) GROUNDS FOR DENIAL.—If the Attorney Social Security shall prescribe such regula- (B) unemployment benefits payable out of General determines that an alien is described tions as may be necessary to carry out sub- Federal funds; in section 241(a)(5)(A) of the Immigration paragraph (A). Such regulations shall pro- (C) benefits under title II of the Social Se- and Nationality Act, the Attorney General vide that notification be sent to the spon- curity Act; shall deny such application and shall insti- sor’s last known address by certified mail. (D) financial assistance for purposes of sec- tute deportation proceedings with respect to (2) ACTION AGAINST SPONSOR.—If within 45 tion 214(a) of the Housing and Community such alien, unless the Attorney General exer- days after requesting reimbursement, the ap- Development Act of 1980 (Public Law 96–399; cises discretion to withhold or suspend de- propriate Federal, State, or local agency has 94 Stat. 1637); and portation pursuant to any other section of not received a response from the sponsor in- (E) benefits based on residence that are such Act. dicating a willingness to make payments, an prohibited by subsection (a)(2). (d) EFFECTIVE DATE.—This section and the action may be brought against the sponsor SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR amendments made by this section shall pursuant to the affidavit of support. PURPOSES OF DEPORTATION. apply to aliens who enter the United States (3) FAILURE TO MEET REPAYMENT TERMS.—If (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C. on or after the date of the enactment of this the sponsor agrees to make payments, but 1251(a)(5)) is amended to read as follows: Act and to aliens who entered as non- fails to abide by the repayment terms estab- ‘‘(5) PUBLIC CHARGE.— immigrants before such date but adjust or lished by the agency, the agency may, within ‘‘(A) IN GENERAL.—Any alien who during apply to adjust their status after such date. 60 days of such failure, bring an action the public charge period becomes a public SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFI- against the sponsor pursuant to the affidavit charge, regardless of when the cause for be- DAVIT OF SUPPORT. of support. coming a public charge arises, is deportable. (a) ENFORCEABILITY.—No affidavit of sup- (e) JURISDICTION.— ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall port may be relied upon by the Attorney (1) IN GENERAL.—An action to enforce an not apply if the alien is a refugee or has been General or by any consular officer to estab- affidavit of support executed under sub- granted asylum, or if the cause of the alien’s lish that an alien is not excludable as a pub- section (a) may be brought against the spon- becoming a public charge— lic charge under section 212(a)(4) of the Im- sor in any Federal or State court— ‘‘(i) arose after entry (in the case of an migration and Nationality Act unless such (A) by a sponsored individual, with respect alien who entered as an immigrant) or after affidavit is executed as a contract— to financial support; or adjustment to lawful permanent resident (1) which is legally enforceable against the (B) by a Federal, State, or local agency, status (in the case of an alien who entered as sponsor by the sponsored individual, or by with respect to reimbursement. a nonimmigrant), and the Federal Government or any State, dis- (2) COURT MAY NOT DECLINE TO HEAR CASE.— ‘‘(ii) was a physical illness, or physical in- trict, territory, or possession of the United For purposes of this section, no Federal or jury, so serious the alien could not work at States (or any subdivision of such State, dis- State court shall decline for lack of subject any job, or a mental disability that required trict, territory, or possession of the United matter or personal jurisdiction to hear any continuous hospitalization. States) that provides any benefit described action brought against a sponsor under para- ‘‘(C) DEFINITIONS.— in section 241(a)(5)(D), as amended by section graph (1) if— ‘‘(i) PUBLIC CHARGE PERIOD.—For purposes 202(a) of this Act, but not later than 10 years (A) the sponsored individual is a resident of subparagraph (A), the term ‘public charge after the sponsored individual last receives of the State in which the court is located, or period’ means the period beginning on the any such benefit; received public assistance while residing in date the alien entered the United States and (2) in which the sponsor agrees to finan- the State; and ending— cially support the sponsored individual, so (B) such sponsor has received service of ‘‘(I) for an alien who entered the United that he or she will not become a public process in accordance with applicable law. States as an immigrant, 5 years after entry, charge, until the sponsored individual has (f) DEFINITIONS.—For purposes of this sec- or worked in the United States for 40 qualifying tion— ‘‘(II) for an alien who entered the United quarters or has become a United States citi- (1) SPONSOR.—The term ‘‘sponsor’’ means States as a nonimmigrant, 5 years after the zen, whichever occurs first; and an individual who— alien adjusted to permanent resident status. (3) in which the sponsor agrees to submit (A) is a United States citizen or national ‘‘(ii) PUBLIC CHARGE.—For purposes of sub- to the jurisdiction of any Federal or State or an alien who is lawfully admitted to the paragraph (A), the term ‘public charge’ in- court for the purpose of actions brought United States for permanent residence; cludes any alien who receives benefits under under subsection (d) or (e). (B) is at least 18 years of age; any program described in subparagraph (D) (b) FORMS.—Not later than 90 days after (C) is domiciled in any of the several for an aggregate period of more than 12 the date of the enactment of this Act, the States of the United States, the District of months. Secretary of State, the Attorney General, Columbia, or any territory or possession of ‘‘(D) PROGRAMS DESCRIBED.—The programs and the Secretary of Health and Human the United States; and described in this subparagraph are the fol- Services shall jointly formulate the affidavit (D) demonstrates the means to maintain lowing: of support described in this section. an annual income equal to at least 125 per- ‘‘(i) The aid to families with dependent (c) NOTIFICATION OF CHANGE OF ADDRESS.— cent of the Federal poverty line for the indi- children program under title IV of the Social (1) GENERAL REQUIREMENT.—The sponsor vidual and the individual’s family (including Security Act. shall notify the Attorney General and the the sponsored alien and any other alien spon- ‘‘(ii) The medicaid program under title XIX State, district, territory, or possession in sored by the individual), through evidence of the Social Security Act. which the sponsored individual is currently a that includes a copy of the individual’s Fed- ‘‘(iii) The food stamp program under the resident within 30 days of any change of ad- eral income tax return for the 3 most recent Food Stamp Act of 1977. dress of the sponsor during the period speci- taxable years (which returns need show such ‘‘(iv) The supplemental security income fied in subsection (a)(1). level of annual income only in the most re- program under title XVI of the Social Secu- (2) PENALTY.—Any person subject to the re- cent taxable year) and a written statement, rity Act. quirement of paragraph (1) who fails to sat- executed under oath or as permitted under ‘‘(v) Any State general assistance program. isfy such requirement shall, after notice and penalty of perjury under section 1746 of title ‘‘(vi) Any other program of assistance opportunity to be heard, be subject to a civil 28, United States Code, that the copies are funded, in whole or in part, by the Federal penalty of— true copies of such returns. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4439

In the case of an individual who is on active (2) EDUCATION ASSISTANCE.— tion and Nationality Act (8 U.S.C. 1440) shall duty (other than active duty for training) in (A) IN GENERAL.—The requirements of sub- apply to an alien who served with a special the Armed Forces of the United States, sub- section (a) shall not apply with respect to guerrilla unit operating from a base in Laos paragraph (D) shall be applied by substitut- sponsored aliens who have received, or have in support of the United States at any time ing ‘‘100 percent’’ for ‘‘125 percent’’. been approved to receive, student assistance during the period beginning February 28, (2) FEDERAL POVERTY LINE.—The term under title IV, V, IX, or X of the Higher Edu- 1961, and ending September 18, 1978, in the ‘‘Federal poverty line’’ means the level of in- cation Act of 1965 in an academic year which same manner as they apply to an alien who come equal to the official poverty line (as ends or begins in the calendar year in which has served honorably in an active-duty sta- defined by the Director of the Office of Man- this Act is enacted. tus in the military forces of the United agement and Budget, as revised annually by (B) DURATION.—The exception described in States during the period of the Vietnam hos- the Secretary of Health and Human Services, subparagraph (A) shall apply only for the pe- tilities. in accordance with section 673(2) of the Om- riod normally required to complete the (2) PROOF.—The Immigration and Natu- nibus Budget Reconciliation Act of 1981 (42 course of study for which the sponsored alien ralization Service shall verify an alien’s U.S.C. 9902)) that is applicable to a family of receives assistance described in that sub- service with a guerrilla unit described in the size involved. paragraph. paragraph (1) through— (3) QUALIFYING QUARTER.—The term ‘‘quali- (3) CERTAIN SERVICES AND ASSISTANCE.—The (A) review of refugee processing docu- fying quarter’’ means a three-month period requirements of subsection (a) shall not mentation for the alien, in which the sponsored individual has— apply to any service or assistance described (B) the affidavit of the alien’s superior offi- (A) earned at least the minimum necessary in clause (iv) or (vi) of section 201(a)(1)(A). cer. for the period to count as one of the 40 quar- (C) original documents, ters required to qualify for social security HUTCHISON (AND KENNEDY) (D) two affidavits from persons who were also serving with such a special guerrilla retirement benefits; AMENDMENT NO. 3911 (B) not received need-based public assist- unit and who personally knew of the alien’s ance; and (Ordered to lie on the table.) service, or (C) had income tax liability for the tax Mrs. HUTCHISON (for herself and (E) other appropriate proof. year of which the period was part. Mr. KENNEDY) submitted an amend- (3) CONSTRUCTION.—The Service shall lib- SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME ment intended to be proposed by them erally construe the provisions of this sub- section to take into account the difficulties AND RESOURCES TO FAMILY-SPON- to the bill S. 1664, supra; as follows: SORED IMMIGRANTS. inherent in proving service in such a guer- (a) DEEMING REQUIREMENT FOR FEDERAL On page 210, line 1, after ‘‘medical assist- rilla unit. AND FEDERALLY FUNDED PROGRAMS.—Subject ance’’ insert the following: ‘‘(other than to subsection (d), for purposes of determining medical assistance for an emergency medical AMENDMENT NO. 3914 condition as defined in section 1903(v)(3) of the eligibility of an alien for benefits, and At the end of the bill, add the following: the amount of benefits, under any public as- the Social Security Act)’’. SEC. . WAIVER OF APPLICATION FEES FOR AD- sistance program (as defined in section JUSTMENT OF STATUS OF CERTAIN 201(f)(3)), the income and resources described HUTCHISON AMENDMENT NO. 3912 BATTERED ALIENS. in subsection (b) shall, notwithstanding any Notwithstanding any other provision of other provision of law, be deemed to be the (Ordered to lie on the table.) Mrs. HUTCHISON submitted an this Act, section 245(i)(1) remains in effect income and resources of such alien. and is further amended as follows: (b) DEEMED INCOME AND RESOURCES.—The amendment intended to be proposed by (1) by redesignating clauses (i), (ii), and income and resources described in this sub- her to the bill S. 1664, supra; as follows: (iii) as subclauses (I), (II), and (III), respec- section include the income and resources At the appropriate place, insert the follow- tively; of— ing new section: (2) by redesignating subparagraphs (A) and (1) any person who, as a sponsor of an SEC. .—The Immigration and Naturaliza- (B) as clauses (i) and (ii), respectively; alien’s entry into the United States, or in tion Service shall, when redeploying Border (3) by inserting ‘‘(A)’’ immediately after order to enable an alien lawfully to remain patrol personnel from interior stations, co- ‘‘(i)(1)’’; and in the United States, executed an affidavit of ordinate with and act in conjunction with (4) by adding at the end the following: support or similar agreement with respect to state and local law enforcement agencies to ‘‘(B)(i) The Attorney General may waive such alien, and ensure that such redeployment does not de- the sum specified in subparagraph (A) in the (2) the sponsor’s spouse. grade or compromise the law enforcement case of an alien who has been battered or (c) LENGTH OF DEEMING PERIOD.—The re- quirement of subsection (a) shall apply for capabilities and functions currently per- subjected to extreme cruelty by a spouse, the period for which the sponsor has agreed, formed at interior Border Patrol stations. parent, or member of the spouse or parent’s in such affidavit or agreement, to provide family residing in the same household as the support for such alien, or for a period of 5 WELLSTONE AMENDMENTS NOS. alien (if the spouse or parent consented to or years beginning on the day such alien was 3913–3914 acquiesced to such battery or cruelty) when first lawfully in the United States after the such waiver would enhance the safety of the execution of such affidavit or agreement, (Ordered to lie on the table.) alien or the alien’s child. whichever period is longer. Mr. WELLSTONE submitted two ‘‘(ii) An alien shall not be excludable under (d) EXCEPTIONS.— amendments intended to be proposed section 212(a)(4) as a public charge on the (1) INDIGENCE.— by him to the bill S. 1664, supra; as fol- grounds that the alien requested or received (A) IN GENERAL.—If a determination de- lows: a waiver under this subparagraph.’’. scribed in subparagraph (B) is made, the AMENDMENT NO. 3913 amount of income and resources of the spon- KERRY AMENDMENT NO. 3915 sor or the sponsor’s spouse which shall be at- At the end of the bill, add the following: tributed to the sponsored alien shall not ex- TITLE III: MISCELLANEOUS PROVISIONS (Ordered to lie on the table.) Mr. KERRY submitted an amend- ceed the amount actually provided for a pe- SEC. . TREATMENT OF CERTAIN ALIENS WHO riod— SERVED WITH SPECIAL GUERRILLA ment intended to be proposed by him (i) beginning on the date of such deter- UNITS IN LAOS. to the bill S. 1664, supra; as follows: mination and ending 12 months after such (A) WAIVER OF ENGLISH LANGUAGE RE- At the appropriate place in the bill, insert date, or QUIREMENT FOR CERTAIN ALIENS WHO SERVED the following new section: (ii) if the address of the sponsor is un- WITH SPECIAL GUERRILLA UNITS IN LAOS.— SEC. . DEBARMENT OF FEDERAL CONTRACTORS known to the sponsored alien, beginning on The requirement of paragraph (1) of section NOT IN COMPLIANCE WITH IMMI- the date of such determination and ending 312(a) of the Immigration and Nationality GRATION AND NATIONALITY ACT on the date that is 12 months after the ad- Act (8 U.S.C. 1423(a)) shall not apply to the EMPLOYMENT PROVISIONS. dress of the sponsor becomes known to the naturalization of any person who— (a) POLICY.—It is the policy of the United sponsored alien or to the agency (which shall (1) served with a special guerrilla unit op- States that— inform such alien of the address within 7 erating from a base in Laos in support of the (1) the heads of executive agencies in pro- days). United States at any time during the period curing goods and services should not con- (B) DETERMINATION DESCRIBED.—A deter- beginning February 28, 1961, and ending Sep- tract with an employer that has not com- mination described in this subparagraph is a tember 18, 1978, or plied with paragraphs (1)(A) and (2) of sec- determination by an agency that a sponsored (2) is the spouse or widow of a person de- tion 274A(a) of the Immigration and Nation- alien would, in the absence of the assistance scribed in paragraph (1). ality Act (8 U.S.C. 1324a(a)) (hereafter in this provided by the agency, be unable to obtain (b) NATURALIZATION THROUGH SERVICE IN A section referred to as the ‘‘INA employment food and shelter, taking into account the SPECIAL GUERRILLA UNIT IN LAOS.— provisions’’), which prohibit unlawful em- alien’s own income, plus any cash, food, (1) IN GENERAL.—The first sentence of sub- ployment of aliens; and housing, or other assistance provided by section (a) and subsection (b) (other than (2) the Attorney General should fully and other individuals, including the sponsor. paragraph (3)) of section 329 of the Immigra- aggressively enforce the antidiscrimination S4440 CONGRESSIONAL RECORD — SENATE April 30, 1996

provisions of the Immigration and National- (B) CONSULTATION.—In proposing regula- Federal Government as an agent or rep- ity Act. tions or orders that affect the executive resentative of another contractor. (b) ENFORCEMENT.— agencies, the Attorney General shall consult (1) AUTHORITY.— with the Secretary of Defense, the Secretary HUTCHISON (AND KENNEDY) (A) IN GENERAL.—Using the procedures es- of Labor, the Administrator of General Serv- AMENDMENT NO. 3916 tablished pursuant to section 274A(e) of the ices, the Administrator of the National Aero- Immigration and Nationality Act (8 U.S.C. nautics and Space Administration, the Ad- (Ordered to lie on the table.) 1324a(e)), the Attorney General may conduct ministrator for Federal Procurement Policy, Mrs. HUTCHISON (for herself and such investigations as are necessary to de- and the heads of any other executive agen- Mr. KENNEDY) submitted an amend- termine whether a contractor or an organi- cies that the Attorney General considers ap- ment intended to be proposed by them zational unit of a contractor is not comply- propriate. to the bill S. 1664, supra; as follows: ing with the INA employment provisions. (2) FEDERAL ACQUISITION REGULATION.—The (B) COMPLAINTS AND HEARINGS.—The Attor- Federal Acquisition Regulatory Council At the end of the bill add the following: ney General— shall amend the Federal Acquisition Regula- The language on page 210, line 1, after (i) shall receive and may investigate any tion to the extent necessary to provide for ‘‘medical assistance’’ is deemed to have in- complaint by an employee of any such entity implementation of the debarment respon- serted the following: ‘‘(other than medical that alleges noncompliance by such entity sibility and other related responsibilities as- assistance for an emergency medical condi- with the INA employment provisions; and signed to heads of executive agencies under tion as defined in section 1903(v)(3) of the So- (ii) in conducting the investigation, shall this section. cial Security Act)’’. hold such hearings as are necessary to deter- (e) INTERAGENCY COOPERATION.—The head mine whether that entity is not in compli- of each executive agency shall cooperate KENNEDY AMENDMENTS NOS. 3917– ance with the INA employment provisions. with, and provide such information and as- 3942 (2) ACTIONS ON DETERMINATIONS OF NON- sistance to, the Attorney General as is nec- COMPLIANCE.— essary for the Attorney General to perform (Ordered to lie on the table.) (A) ATTORNEY GENERAL.—Whenever the At- the duties of the Attorney General under Mr. KENNEDY submitted 26 amend- torney General determines that a contractor this section. ments intended to be proposed by him or an organizational unit of a contractor is (f) DELEGATION.—The Attorney General, to the bill S. 1664, supra; as follows: not in compliance with the INA employment the Secretary of Defense, the Administrator AMENDMENT NO. 3917 provisions, the Attorney General shall trans- of General Services, the Administrator of the mit that determination to the head of each National Aeronautics and Space Administra- At the end of the bill insert: executive agency that contracts with the tion, and the head of any other executive SEC. . contractor and the heads of other executive agency may delegate the performance of any (a) IN GENERAL.—Notwithstanding section agencies that the Attorney General deter- of the functions or duties of that official 117 of this Act, paragraph (6) of section mines it appropriate to notify. under this section to any officer or employee 274B(a) (8 U.S.C. 1324b(a)(6)) is amended to (B) HEAD OF CONTRACTING AGENCY.—Upon of the executive agency under the jurisdic- read as follows: receipt of the determination, the head of a tion of that official. ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY contracting executive agency shall consider (g) IMPLEMENTATION NOT TO BURDEN PRO- PRACTICES AS EMPLOYMENT PRACTICES.— the contractor or an organizational unit of CUREMENT PROCESS EXCESSIVELY.—This sec- ‘‘(A) IN GENERAL.—For purposes of para- the contractor for debarment, and shall take tion shall be implemented in a manner that graph (1), a person’s or other entity’s re- such other action as may be appropriate, in least burdens the procurement process of the quest, in order to satisfy the requirements of accordance with applicable procedures and Federal Government. section 274A(b), for additional or different standards set forth in the Federal Acquisi- (h) CONSTRUCTION.— documents than are required under such sec- tion Regulation. (1) ANTIDISCRIMINATION.—Nothing in this tion or refusal to honor documents tendered (C) NONREVIEWABILITY OF DETERMINATION.— section relieves employers of the obligation that on their face reasonably appear to be The Attorney General’s determination is not to avoid unfair immigration-related employ- genuine shall be treated as an unfair immi- reviewable in debarment proceedings. ment practices as required by— gration-related employment practice relat- (c) DEBARMENT.— (A) the antidiscrimination provisions of ing to the hiring of individuals. A person or (1) AUTHORITY.—The head of an executive section 274B of the Immigration and Nation- other entity may not request a specific docu- agency may debar a contractor or an organi- ality Act (8 U.S.C. 1324b), including the pro- ment from among the documents permitted zational unit of a contractor on the basis of visions of subsection (a)(6) of that section by section 274A(b)(1). a determination of the Attorney General concerning the treatment of certain docu- ‘‘(B) REVERIFICATION.—Upon expiration of that is not in compliance with the INA em- mentary practices as unfair immigration-re- an employee’s employment authorization, a ployment provisions. lated employment practices; and person or other entity shall reverify employ- (B) all other antidiscrimination require- (2) SCOPE.—The scope of the debarment ment eligibility by requesting a document generally should be limited to those organi- ments of applicable law. evidencing employment authorization in (2) CONTRACT TERMS.—This section neither zational units of a contractor that the Attor- order to satisfy section 274A(b)(1). However, authorizes nor requires any additional cer- ney General determines are not in compli- the person or entity may not request a spe- tification provision, clause, or requirement ance with the INA employment provisions. cific document from among the documents to be included in any contract or contract (3) PERIOD.—The period of a debarment permitted by such section. solicitation. under this subsection shall be one year, ex- ‘‘(C) ABILITY TO PRESENT PERMITTED DOCU- (3) NO NEW RIGHTS AND BENEFITS.—This sec- cept that the head of the executive agency MENT.—Nothing in this paragraph shall be tion may not be construed to create any may extend the debarment for additional pe- construed to prohibit an individual from pre- right or benefit, substantive or procedural, riods of one year each if, using the proce- senting any document or combination of doc- enforceable at law by a party against the dures established pursuant to section 274A(e) uments permitted by section 274A(b)(1).’’. United States, including any department or of the Immigration and Nationality Act (8 (b) LIMITATIONS ON COMPLAINTS.—Notwith- agency, officer, or employee of the United U.S.C. 1324a(e)), the Attorney General deter- standing section 117 of this Act, Section States. 274B(d) (8) U.S.C. 1324b(d)) is amended by mines that the organizational unit of the (4) JUDICIAL REVIEW.—This section does not contractor concerned continues not to com- adding at the end the following new para- preclude judicial review of a final agency de- graph: ply with the INA employment provisions. cision in accordance with chapter 7 of title 5, ‘‘(4) LIMITATIONS ON ABILITY OF OFFICE OF (4) LISTING.—The Administrator of General United States Code. SPECIAL COUNSEL TO FILE COMPLAINTS IN DOC- Services shall list each debarred contractor (i) DEFINITIONS.—In this section: UMENT ABUSE CASES.— and each debarred organizational unit of a (1) EXECUTIVE AGENCY.—The term ‘‘execu- ‘‘(A) IN GENERAL.—Subject to subsection contractor on the List of Parties Excluded tive agency’’ has the meaning given that (a)(6) (A) and (B), if an employer— from Federal Procurement and Nonprocure- term in section 4 of the Office of Federal ‘‘(i) accepts, without specifying, docu- ment Programs that is maintained by the Procurement Policy Act (41 U.S.C. 403). ments that meet the requirements of estab- Administrator. No debarred contractor and (2) CONTRACTOR.—The term ‘‘contractor’’ no debarred organizational unit of a contrac- means any individual or other legal entity lishing work authorization, tor shall be eligible to participate in any that— ‘‘(ii) maintains a copy of such documents procurement, nor in any nonprocurement ac- (A) directly or indirectly (through an affil- in an official record, and tivities, of the Federal Government. iate or otherwise), submits offers for or is ‘‘(iii) such documents appear to be genuine, (d) REGULATIONS AND ORDERS.— awarded, or reasonably may be expected to the Office of Special Counsel shall not bring (1) ATTORNEY GENERAL.— submit offers for or be awarded, a Federal an action alleging a violation of this section. (A) AUTHORITY.—The Attorney General Government contract, including a contract The Special Counsel shall not authorize the may prescribe such regulations and issue for carriage under Federal Government or filing of a complaint under this section if the such orders as the Attorney General consid- commercial bills of lading, or a subcontract Service has informed the person or entity ers necessary to carry out the responsibil- under a Federal Government contract; or that the documents tendered by an individ- ities of the Attorney General under this sec- (B) conducts business, or reasonably may ual are not acceptable for purposes of satis- tion. be expected to conduct business, with the fying the requirements of section 274A(b). April 30, 1996 CONGRESSIONAL RECORD — SENATE S4441

‘‘(B) ACCEPTANCE OF DOCUMENT.—Except as ‘‘(A) IN GENERAL.—Subject to subsection SEC. . Notwithstanding any provisions of provided in subsection (a)(6) (A) and (B), a (a)(6) (A) and (B), if an employer— this Act, the public charge requirements of person or entity may not be charged with a ‘‘(i) accepts, without specifying, docu- this Act shall not apply to any assistance violation of subsection (a)(6)(A) as long as ments that meet the requirements of estab- provided under any program of student as- the employee has produced, and the person lishing work authorization, sistance under title IV, V, IX, and X of the or entity has accepted, a document or docu- ‘‘(ii) maintains a copy of such documents Higher Education Act of 1965. ments from the accepted list of documents, in an official record, and and the document reasonably appears to be ‘‘(iii) such documents appear to be genuine, AMENDMENT NO. 3924 genuine on its face.’’. the Office of Special Counsel shall not bring At the end of the bill insert: (c) GOOD FAITH DEFENSE.—Notwithstand- an action alleging a violation of this section. SEC. . EDUCATION ASSISTANCE.—The public ing section 117 of this Act, Section 274(a)(3) The Special Counsel shall not authorize the charge requirements of this Act shall not (8 U.S.C. 1324a(a)(3)) is amended to read as filing of a complaint under this section if the apply to any assistance provided under any follows: Service has informed the person or entity program of student assistance under titles ‘‘(3) DEFENSE.—A person or entity that es- that the documents tendered by an individ- IV, V, IX, and X of the Higher Education Act tablishes that it has complied in good faith ual are not acceptable for purposes of satis- of 1965. with the requirements of subsection (b) with fying the requirements of section 274A(b). respect to the hiring, recruiting, or referral ‘‘(B) ACCEPTANCE OF DOCUMENT.—Except as AMENDMENT NO. 3925 for employment of an alien in the United provided in subsection (a)(6) (A) and (B), a At the end of the bill insert: person or entity may not be charged with a States has established an affirmative defense SEC. . CERTAIN FEDERAL PROGRAMS.—Not- that the person or entity has not violated violation of subsection (a)(6)(A) as long as withstanding the provisions of this Act, the paragraph (1)(A) with respect to such hiring, the employee has produced, and the person deeming requirements of this Act shall not recruiting, or referral. This section shall or entity has accepted, a document or docu- apply to any of the following: apply, and the person or entity shall not be ments from the accepted list of documents, (A) Medical assistance provided for emer- liable under paragraph (1)(A), if in complying and the document reasonably appears to be gency medical services under title XIX of the with the requirements of subsection (b), the genuine on its face.’’. Social Security Act. person or entity requires the alien to (c) GOOD FAITH DEFENSE.—Section (B) The provision of short-term, non-cash, produce a document or documents accept- 274A(a)(3) (8 U.S.C. 1324a(a)(3)) is amended to in kind emergency relief. able for purposes of satisfying the require- read as follows: (C) Benefits under the National School ‘‘(3) DEFENSE.—A person or entity that es- ments of section 274A(b), and the document Lunch Act. or documents reasonably appear to be genu- tablishes that it has complied in good faith (D) Assistance under the Child Nutrition ine on their face and to relate to the individ- with the requirements of subsection (b) with Act of 1966. ual, unless the person or entity, at the time respect to the hiring, recruiting, or referral (E) Public health assistance for immuniza- of hire, possesses knowledge that the individ- for employment of an alien in the United tions with respect to immunizable diseases ual is an unauthorized alien (as defined in States has established an affirmative defense and for testing and treatment of commu- subsection (h)(3)) with respect to such em- that the person or entity has not violated nicable diseases. ployment. The term ‘‘knowledge’’ as used in paragraph (1)(A) with respect to such hiring, (F) The provisions of services directly re- the preceding sentence, means actual knowl- recruiting, or referral. This section shall lated to assisting the victims of domestic vi- edge by a person or entity that an individual apply, and the person or entity shall not be olence or child abuse. is an unauthorized alien, or deliberate or liable under paragraph (1)(A), if in complying (G) Benefits under programs of student as- reckless disregard of facts or circumstances with the requirements of subsection (b), the sistance under titles IV, V, IX, and X of the which would lead a person or entity, through person or entity requires the alien to Higher Education Act of 1965 and titles, III, the exercise of reasonable care, to know produce a document or documents accept- VII, and VIII of the Public Health Service about a certain condition.’’. able for purposes of satisfying the require- Act. ments of section 274A(b), and the document (H) Benefits under means-tested programs AMENDMENT NO. 3918 or documents reasonably appear to be genu- under the Elementary and Secondary Edu- On page 37 of the bill, beginning on line 12, ine on their face and to relate to the individ- cation Act of 1965. strike all through line 19, and insert the fol- ual, unless the person or entity, at the time (I) Benefits under the Head Start Act. lowing: of hire, possesses knowledge that the individ- (J) Prenatal and postpartum services under ual is an unauthorized alien (as defined in (a) IN GENERAL.—Paragraph (6) of section title XIX of the Social Security Act. 274B(a) (8 U.S.C. 1324b(a)(6)) is amended to subsection (h)(3)) with respect to such em- read as follows: ployment. The term ‘‘knowledge’’ as used in AMENDMENT NO. 3926 the preceding sentence, means actual knowl- ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY Beginning on page 200, line 12, strike all edge by a person or entity that an individual PRACTICES AS EMPLOYMENT PRACTICES.— that follows through page 201, line 4, and in- is an unauthorized alien, or deliberate or ‘‘(A) IN GENERAL.—For purposes of para- sert the following: reckless disregard of facts or circumstances graph (1), a person’s or other entity’s re- (2) CERTAIN FEDERAL PROGRAMS.—The re- which would lead a person or entity, through quest, in order to satisfy the requirements of quirements of subsection (a) shall not apply the exercise of reasonable care, to know section 274A(b), for additional or different to any of the following: documents than are required under such sec- about a certain condition.’’. (A) Medical assistance provided for emer- tion or refusal to honor documents tendered gency medical services under title XIX of the AMENDMENT NO. 3919 that on their face reasonably appear to be Social Security Act. genuine shall be treated as an unfair immi- At the end of the bill insert: (B) The provision of short-term, non-cash, gration-related employment practice relat- SEC. . Notwithstanding section 117 of this in kind emergency relief. ing to the hiring of individuals. A person or Act, section 274 of the Immigration and Na- (C) Benefits under the National School other entity may not request a specific docu- tionalization Act shall remain in effect. Lunch Act. ment from among the documents permitted (D) Assistance under the Child Nutrition AMENDMENT NO. 3920 by section 274A(b)(1). Act of 1966. ‘‘(B) REVERIFICATION.—Upon expiration of On page 37 of the matter proposed to be in- (E) Public health assistance for immuniza- an employee’s employment authorization, a serted, beginning on line 9, strike all tions with respect to immunizable diseases person or other entity shall reverify employ- through line 19. and for testing and treatment of commu- ment eligibility by requesting a document nicable diseases. evidencing employment authorization in AMENDMENT NO. 3921 (F) The provision of services directly relat- order to satisfy section 274A(b)(1). However, At the end of the bill insert: ed to assisting the victims of domestic vio- the person or entity may not request a spe- SEC. . Notwithstanding any provision of lence or child abuse. cific document from among the documents this Act, no program of student assistance (G) Benefits under programs of student as- permitted by such section. under titles IV, V, IX, and X of the Higher sistance under titles IV, V, IX, and X of the ‘‘(C) ABILITY TO PRESENT PERMITTED DOCU- Education Act of 1965, shall be subject to the Higher Education Act of 1965 and titles III, MENT.—Nothing in this paragraph shall be deeming provisions of this Act. VII, and VIII of the Public Health Service construed to prohibit an individual from pre- Act. senting any document or combination of doc- AMENDMENT NO. 3922 (H) Benefits under means-tested programs uments permitted by section 274A(b)(1).’’. On page 181, line 9, strike ‘‘or’’ and insert under the Elementary and Secondary Edu- (b) LIMITATIONS ON COMPLAINTS.—Section ‘‘and cation Act of 1965. 274B(d) (8 U.S.C. 1324b)(d)) is amended by ‘‘(vii) any program of student assistance (I) Benefits under the Head Start. adding at the end the following new para- under titles IV, V, IX, and X of the Higher (J) Prenatal and postpartum services under graph. Education Act of 1965; or’’. title XIX of the Social Security Act. ‘‘(4) LIMITATIONS ON ABILITY OF OFFICE OF SPECIAL COUNSEL TO FILE COMPLAINTS IN DOC- AMENDMENT NO. 3923 AMENDMENT NO. 3927 UMENTS ABUSE CASES.— At the end of the bill insert: At the end of the bill insert: S4442 CONGRESSIONAL RECORD — SENATE April 30, 1996

SEC. . Notwithstanding this Act, the (3) CERTAIN SERVICES AND ASSISTANCE.—The $120,000,000 may be paid under this title for deeming requirements of this Act shall not requirements of subsection (a) shall not reimbursement of services described in sec- apply to any of the following: apply to— tion 201(a)(1)(A)(ii) of the Immigration Con- (A) Medical assistance provided for emer- (A) any service or assistance described in trol and Financial Responsibility Act of 1996 gency medical services under title XIX of the section 201(a)(1)(A)(vii); that are provided to individuals described in Social Security Act. (B) prenatal and postpartum services pro- section 201(a)(4)(A) of such Act.’’. (B) The provision of short-term, non-cash, vided under a State plan under title XIX of in kind emergency relief. the Social Security Act; AMENDMENT NO. 3938 (C) Benefits under the National School (C) services provided under a State plan At the end of the bill insert the following Lunch Act. under such title of such Act to individuals new section: (D) Assistance under the Child Nutrition who are less than 18 years of age; or SEC. . LIMITATION ON EXPENDITURES UNDER Act of 1966. (D) services provided under a State plan THE MEDICAID PROGRAM FOR (E) Public health assistance for immuniza- under such title of such Act to an alien who PREGNANCY-RELATED SERVICES tions with respect to immunizable diseases is a veteran, as defined in section 101 of title PROVIDED TO UNDOCUMENTED and for testing and treatment of commu- 38, United States Code. ALIENS. nicable diseases. Beginning with fiscal year 1997 and each (F) The provision of services directly relat- AMENDMENT NO. 3931 fiscal year thereafter, with respect to pay- ments for expenditures for services described ed to assisting the victims of domestic vio- At the end of the bill insert: in section 201(a)(1)(A)(ii) that are provided to lence or child abuse. SEC.. individuals described in section 201(a)(4)(A)— (G) Benefits under programs of student as- (E) EXCEPTION TO DEFINITION OF PUBLIC (1) the Federal Government has no obliga- sistance under titles IV, V, IX, and X of the CHARGE.—Notwithstanding this Act, for pur- tion to provide payment with respect to such Higher Education Act of 1965 and titles III, poses of this Act, the term ‘‘public charge’’ expenditures in excess of $120,000,000 during VII, and VIII of the Public Health Service shall not include any alien who receives any any such fiscal year and nothing in section Act. benefits, services, or assistance under a pro- 201(a)(1)(A)(ii), section 201(a)(4)(A), or title (H) Benefits under means-tested programs gram described in section 204(d). under the Elementary and Secondary Edu- XIX of the Social Security Act shall be con- strued as providing for an entitlement, under cation Act of 1965. AMENDMENT NO. 3932 (I) Benefits under the Head Start Act. Federal law in relation to the Federal Gov- On page 190, after line 25, insert the follow- (J) Prenatal and postpartum services under ernment, in an individual or person (includ- ing: title XIX of the Social Security Act. ing any provider) at the time of provision or ‘‘(E) EXCEPTION TO DEFINITION OF PUBLIC receipt of such services; and CHARGE.—Notwithstanding an program de- AMENDMENT NO. 3928 (2) a State shall provide an entitlement to scribed in subparagraph (D), for purposes of any person to receive any service, payment, Beginning on page 200, line 12, strike all subparagraph (A), the term ‘public charge’ or other benefit to the extent that such per- that follows through page 201, line 4, and in- shall not include any alien who receives any son would, but for this section, be entitled to sert the following: benefits, services, or assistance under a pro- such service, payment, or other benefit (2) CERTAIN FEDERAL PROGRAMS.—The re- gram described in section 204(d).’’ under title XIX of the Social Security Act. quirements of subsection (a) shall not apply to any of the following: AMENDMENT NO. 3933 AMENDMENT NO. 3939 (A) Medical assistance provided for emer- At the end of the bill insert: gency medical services under title XIX of the At the end insert: SEC. . (E) EXCEPTION TO DEFINITION OF PUB- The provision of section 201 of this Act Social Security Act. shall not apply to any preschool, elemen- (B) The provision of short-term, non-cash, LIC CHARGE.—Notwithstanding any program tary, secondary, or adult educational bene- in kind emergency relief. described in this Act, for purposes of this fit. (C) Benefits under the National School Act, the term ‘public charge’ shall not in- Lunch Act. clude any alien who receives any services or AMENDMENT NO. 3940 (D) Assistance under the Child Nutrition assistance described in section 204(d)(3). On page 182, line 2 of the matter proposed Act of 1966. (E) Public health assistance for immuniza- AMENDMENT NO. 3934 to be inserted, insert the following new sen- tions with respect to immunizable diseases On page 190, after line 25, insert the follow- tence: ‘‘The preceding sentence shall not and for testing and treatment of commu- ing: apply to any preschool, elementary, second- nicable diseases. ‘‘(E) EXCEPTION TO DEFINITION OF PUBLIC ary, or adult educational benefit.’’ (F) The provision of services directly relat- CHARGE.—Notwithstanding any program de- AMENDMENT NO. 3941 ed to assisting the victims of domestic vio- scribed in subparagraph (D), for purposes of lence or child abuse. subparagraph (A), the term ‘public charge’ At the end of the bill insert: ‘‘SEC. . LIMITATION.—Not more than 150 of (G) Benefits under programs of student as- shall not include any alien who receives any the number of investigators authorized in sistance under titles IV, V, IX, and X of the services or assistance described in section section 105 of this Act shall be designated for Higher Education Act of 1965 and titles III, 204(d)(3).’’. the purpose of carrying out the responsibil- VII, and VIII of the Public Health Service ities of the Secretary of Labor to conduct in- Act. AMENDMENT NO. 3935 vestigations, pursuant to a complaint or oth- (H) Benefits under means-tested programs At the end of the bill insert: erwise, where there is reasonable cause to under the Elementary and Secondary Edu- SEC. . LIMITATION ON PREGNANCY SERVICES believe that an employer has made a mis- cation Act of 1965. FOR UNDOCUMENTED ALIENS.—Notwithstand- representation of a material fact on a labor (I) Benefits under the Head Start Act. ing any other provision of law, the subpara- certification application under section (J) Prenatal and postpartum services under graphs listed in section 201 shall apply to the 212(a)(5) of the Immigration and Nationality title XIX of the Social Security Act. provision of pregnancy services for ineligible Act or has failed to comply with the terms aliens: and conditions of such an application’’. AMENDMENT NO. 3929 AMENDMENT NO. 3936 At the end insert: AMENDMENT NO. 3942 SEC. . Notwithstanding this Act, the On page 182, strike lines 22 and 23, and in- On page 8, line 17, before the period insert deeming requirements of this Act shall not sert the following: the following: ‘‘except that not more than apply to— (4) LIMITATION ON PREGNANCY SERVICES FOR 150 of the number of investigators authorized (A) any service or assistance described in UNDOCUMENTED ALIENS.—Notwithstanding in this subparagraph shall be designated for section 201(a)(1)(A)(vii); any other provision of law, the following the purpose of carrying out the responsibil- (B) prenatal and postpartum services pro- subparagraphs shall apply to the provision of ities of the Secretary of Labor to conduct in- vided under a State plan under title XIX of pregnancy services for ineligible aliens: vestigations, pursuant to a complaint or oth- the Social Security Act; erwise, where there is reasonable cause to (C) services provided under a State plan AMENDMENT NO. 3937 believe that an employer has made a mis- under such title of such Act to individuals At the end of the bill, insert the following representation of a material fact on a labor who are less than 18 years of age; or new section: certification application under section (D) services provided under a State plan SEC. . LIMITATION ON EXPENDITURES FOR 212(a)(5) of the Immigration and Nationality under such title of such Act to an alien who PREGNANCY-RELATED SERVICES TO Act or has failed to comply with the terms is a veteran, as defined in section 101 of title UNDOCUMENTED ALIENS. and conditions of such an application’’. 38, United States Code. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after SIMPSON AMENDMENTS NOS. 3943– AMENDMENT NO. 3930 subsection (k), the following new subsection: On page 201 after line 4, insert the follow- ‘‘(l) Notwithstanding any other provision 3945 ing: of law, for any fiscal year, not more than (Ordered to lie on the table.) April 30, 1996 CONGRESSIONAL RECORD — SENATE S4443 Mr. SIMPSON submitted three COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without amendments intended to be proposed TRANSPORTATION objection, it is so ordered. by him to the bill S. 1664, supra; as fol- Mr. SIMPSON. Mr. President, I ask f lows: unanimous consent that the Commit- ADDITIONAL STATEMENTS AMENDMENT NO. 3943 tee on Commerce, Science, and Trans- Section 201(a)(1) is amended— portation be allowed to meet during the Tuesday, April 30, 1996 session of (1) by deleting paragraph (A)(ii) and re- RECOGNITION OF THE TAHOMA the Senate for the purpose of conduct- numbering the following sections accord- HIGH SCHOOL, WE THE PEOPLE ing a hearing on S. 1420, the Inter- ingly. * * * THE CITIZEN AND THE CON- national Dolphin Conservation Pro- STITUTION TEAM AMENDMENT NO. 3944 gram Act. Section 201(a)(1) is amended— The PRESIDING OFFICER. Without ∑ Mr. GORTON. Mr. President, I would (2) by deleting paragraph (4). objection, it is so ordered. like to extend my congratulations to COMMITTEE ON FOREIGN RELATIONS the We the People * * * The Citizen AMENDMENT NO. 3945 Mr. SIMPSON. Mr. President, I ask and the Constitution team from Section 201(a)(1) is amended— unanimous consent that the Commit- Tahoma High School, and welcome (1) by deleting paragraph (A)(ii) and re- tee on Foreign Relations be authorized these outstanding students to Washing- numbering the following sections accord- to meet during the session of the Sen- ton, DC. As winners of the Washington ingly; and State competition, the students from (2) by deleting paragraph (4). ate on Tuesday, April 30, 1996, at 10 a.m. to hold a hearing. Tahoma High are here in Washington, DC to compete in the national ‘‘We the KENNEDY AMENDMENTS NOS. 3946– The PRESIDING OFFICER. Without People’’ competition. 3947 objection, it is so ordered. COMMITTEE ON THE JUDICIARY The We the People * * * The Citizen (Ordered to lie on the table.) Mr. SIMPSON. Mr. President, I ask and the Constitution program focuses Mr. KENNEDY submitted two unanimous consent that the Commit- on the U.S. Constitution and Bill of amendments intended to be proposed tee on the Judiciary be authorized to Rights and fosters civic competence by him to the bill S. 1664, supra; as fol- meet during the session of the Senate and responsibility among elementary lows: on Tuesday, April 30, 1996, at 10 a.m. to and secondary school students in both AMENDMENT NO. 3946 hold a hearing on California and af- public and private schools. The stu- At the appropriate place add the following: firmative action. dents from Tahoma High School should SEC. . INCREASE IN THE MINIMUM WAGE RATE. The PRESIDING OFFICER. Without be commended for their diligence and Section 6(a)(1) of the Fair Labor Standards objection, it is so ordered. the knowledge they have demonstrated Act of 1938 (29 U.S.C. 206(a)(1)) is amended to COMMITTEE ON LABOR AND HUMAN RESOURCES of the fundamental principles and val- read as follows: Mr. SIMPSON. Mr. President, I ask ues of our constitutional democracy. I ‘‘(1) except as otherwise provided in this unanimous consent that the Commit- certainly wish them well in the na- section, not less than $4.25 an hour during tional competition. the period ending July 4, 1996, not less than tee on Labor and Human Resources be ∑ $4.70 an hour during the year beginning July authorized to meet for a hearing on af- f 5, 1996, and not less than $5.15 an hour after firmative action, during the session of WE THE PEOPLE * * * THE CITIZEN July 4, 1997;’’. the Senate on Tuesday, April 30, 1996, AND THE CONSTITUTION PRO- at 9:30 a.m. GRAM AMENDMENT NO. 3947 The PRESIDING OFFICER. Without At the appropriate place add the following: objection, it is so ordered. ∑ Mr. SIMON. Mr. President, over the SEC. . INCREASE IN THE MINIMUM WAGE RATE. SELECT COMMITTEE ON INTELLIGENCE past few days, more than 1,250 students Section 6(a)(1) of the Fair Labor Standards Mr. SIMPSON. Mr. President, I ask from 50 States and the District of Co- Act of 1938 (29 U.S.C. 206(a)(1)) is amended to unanimous consent that the Select lumbia have been in Washington to read as follows: Committee on Intelligence be author- compete in the national finals of the ‘‘(1) except as otherwise provided in this ized to meet during the session of the We the People * * * the Citizen and the section, not less than $4.25 an hour during Constitution Program. I am pleased to the period ending July 4, 1996, not less than Senate on Tuesday, April 30, 1996, at $4.70 an hour during the year beginning July 2:30 p.m. to hold a closed hearing on in- honor the advanced placement govern- 5, 1996, and not less than $5.15 an hour after telligence matters. ment class from Maine South High July 4, 1997;’’. The PRESIDING OFFICER. Without School in Park Ridge, IL, for rep- f objection, it is so ordered. resenting Illinois and finishing in the top 10 in the national finals. NOTICE OF HEARING SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT AND RELATED The distinguished members of the COMMITTEE ON AGRICULTURE, NUTRITION, AND MATTERS team are: Jeni Aris, Laura Batt, Steph- FORESTRY Mr. SIMPSON. Mr. President, I ask anie Chen, Wesley Crampton, Sarah Mr. LUGAR. Mr. President, I would unanimous consent that the Special Crawford, Bryan Dayton, Vic De like to announce that the Senate Com- Committee to Investigate Whitewater Martino, Bill Doukas, Jonathan mittee on Agriculture, Nutrition, and Development and Related Matters be Dudlak, Thomas Falk, Graham Fisher, Forestry will hold a full committee authorized to meet during the session Mark Iwaszko, Jessica Jakubanis, hearing to discuss the Food Quality of the Senate on Tuesday, April 30, Hellin Jang, Chris Kiepura, Denise Protection Act. The hearing will be 1996, to conduct hearings pursuant to Knipp, Antoine Mickiewicz, Timmy held on Wednesday, May 22, 1996 at 9:30 Senate Resolution 120. Paschke, Gregory Reuhs, Kate Row- a.m. in SR–332. The PRESIDING OFFICER. Without land, Chris Ryan, Brian Shields, Tracy f objection, it is so ordered. Stankiewicz, Laurie Strotman, Tom Tsilipetros, Erica Vassilos, Walter AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT AND THE DISTRICT OF COLUMBIA Walczak, Cyrus Wilson, Kara Wipf, and MEET Mr. SIMPSON. Mr. President, I ask Brian Wolfe. COMMITTEE ON ARMED SERVICES unanimous consent that the Sub- I would also like to recognize Patton Mr. SIMPSON. Mr. President, I ask committee on Oversight of Government Feichter, their outstanding teacher, unanimous consent that the Commit- Management and the District of Co- who can be credited with much of the tee on Armed Services and the associ- lumbia, Committee on Governmental team’s success. The district coordina- ated subcommittees be authorized to Affairs, be permitted to meet during a tor, Alice Horstman, and the State co- meet at the following times, Tuesday, session of the Senate on Tuesday, April ordinator, Carolyn Pereira, also de- April 30, 1996, for mark up of the fiscal 30, 1996, at 9:30 a.m., to hold a hearing voted a great deal of time and were in- year 1997 Defense authorization bill. on Aviation Safety: Are FAA Inspec- tegral to the team’s achievement. The PRESIDING OFFICER. Without tors Adequately Trained, Targeted, and The We the People * * * the Citizen objection, it is so ordered. Supervised? and the Constitution Program is the S4444 CONGRESSIONAL RECORD — SENATE April 30, 1996 Nation’s most comprehensive edu- claim the week of April 14–20, 1966, as Na- of Little Rock, incited by anti-integra- cational program, developed specifi- tional Association of Retired Federal Em- tionists such as Gov. Orville Faubus, cally to educate youth about the Con- ployees Week in Tennessee and do urge all opposed the order and kept their chil- stitution and the Bill of Rights. The 3- our citizens to join in this worthy observ- dren home from school. They vowed to ance.∑ day national competition simulates a keep African-American children out of congressional hearing in which stu- f the all-white high school—by violent dents’ oral presentations are judged on DR. LOREN BENSLEY force, if necessary. President Eisen- the ability to apply constitutional hower responded by ordering Federal ∑ Mr. LEVIN. Mr. President, I rise principles to both historical and con- troops to Arkansas to keep order and today to honor Dr. Loren Bensley who temporary issues. escort the nine young African-Amer- Administered by the Center for Civic is retiring from Central Michigan Uni- ican students to Little Rock’s Central Education, the We the People * * * versity after 33 years of dedicated serv- High School. Program, now in its ninth academic ice. That decision, Mr. President, by a year, has reached more than 70,400 Dr. Bensley is a Michigander who has North Dakota judge in an Arkansas teachers and 22.6 million students na- made the State proud. He received his courtroom, began a new era of race re- tionwide. Congressional members and bachelor’s degree from Central Michi- lations in America. No longer were sep- staff enhance the program by discuss- gan University in 1958, and returned 4 arate but equal schools—which were al- ing current constitutional issues with years later as a member of the depart- ways separate but seldom equal—good students and teachers. ment of health education and health enough in America. All citizens were This extraordinary program is an ex- science. entitled to equal treatment under the cellent way for students to gain first- Dr. Bensley leaves his profession as law, and that included an equal oppor- hand knowledge of the U.S. Constitu- an internationally recognized scholar tunity in public education. tion and assess its impact on both his- in the field of health education. He has Today, Mr. President, race relations tory and our lives. I commend these published over 60 articles and given in this country are far from ideal. How- students and wish them success in more than 100 presentations during his ever, few of us can imagine a return to their future endeavors.∑ tenure. He has also served as president the legalized segregation that existed f of the American School Health Asso- before Judge Davies made his ruling in ciation. Dr. Bensley has been recog- 1957. NATIONAL ASSOCIATION OF RE- nized twice by CMU for his excellence Judge Davies was buried Monday, TIRED FEDERAL EMPLOYEES and has received 32 awards from var- April 22, in Fargo. North Dakota lost a WEEK ious professional organizations for his man of courage and conviction. Amer- ∑ Mr. THOMPSON. Mr. President, on leadership. ica lost a piece of its history. February 1 of this year, the Governor Dr. Bensley served as chapter adviser To the 5 children and 20 grand- of Tennessee, the Honorable Don Sund- to the Eta chapter of Eta Sigma children he leaves behind, I send my quist, signed a proclamation stating Gamma, the national health science deepest condolences, and our country that April 14–20, 1996, would be known honorary organization. Under his guid- sends her thanks. ∑ in Tennessee as National Association ance, the chapter won the National f of Retired Federal Employees Week. Chapter of the Year Award 10 times. THE OMNIBUS APPROPRIATIONS April 19 of this year marked the first After the end of the current semes- BILL anniversary of the bombing of the Fed- ter, Dr. Bensley and his wife, Joy, will eral building in Oklahoma City. A retire to their farm in Northport, MI. I ∑ Mr. KERREY. Mr. President, last week we voted on an omnibus bill that number of members from the Ten- know that my Senate colleagues join completed our long-delayed work on nessee chapter of the National Associa- me in congratulating Dr. Bensley on fiscal year 1996 appropriations. This tion of Retired Federal Employees his many years of service. legislation’s arduous and agonizing his- faithfully volunteered their time and f tory defies belief—particularly since energy to help the victims and the all sides claim to be committed to re- community of Oklahoma following this TRIBUTE TO JUDGE RONALD ducing the Federal deficit and bal- tragic event. This spirit of contribu- DAVIES ancing the Federal budget. tion continues to distinguish civil serv- ∑ Mr. CONRAD. Mr. President, in re- However, I want to point out two ants, retired and employed. cent weeks we have mourned the pas- egregious provisions in this legislation. It gives me great pleasure at this sage of two great Americans, former They particularly disturb me because I time to request of my colleagues to Senator and Secretary of State Ed- share my colleagues’ interest in bal- have printed in the RECORD a procla- mund Muskie, and Secretary of Com- ancing the budget. These provisions mation by the Governor of my State of merce Ronald Brown. also trouble me because they will in- Tennessee, the Honorable Don Sund- However, little note was given to the crease Medicaid spending—and there- quist. passage of another man whose con- fore crowd out discretionary programs The proclamation follows: tribution to America’s history and fu- within this year’s spending bill and in A PROCLAMATION BY THE GOVERNOR OF THE ture may rival those of the better the future. Under the mantle of fiscal STATE OF TENNESSEE known men mentioned above. conservatism—the premise of this ap- Whereas, the United States Civil Service I refer to Judge Ronald Davies, who propriations bill—we are providing ad- Act of 1883 was signed into law by then Presi- died in Fargo, ND, April 18. dent Chester A. Arthur, thereby creating the ditional Federal dollars to States that United States Civil Service System; and Appointed to the Federal bench in have won political favor. We are spend- Whereas, the United States Civil Service 1955 by President Eisenhower, Judge ing hard-earned tax dollars in these Retirement System was created in 1920 and Davies served the Federal judicial dis- States, but will not see an improve- signed into law by then President Woodrow trict of North Dakota for 35 years. But ment in their health systems nor any Wilson; and his career will be remembered most by other public good that will benefit Whereas, virtually every state, county, and a decision he handed down nearly four American taxpayers. Although Repub- municipal civil service system has developed decades ago. from the Civil Service Act; and licans claim that they want to control Whereas, untold thousands of United In September 1957, Judge Davies was Federal spending, the reality does not States Civil Service employees have worked called to Arkansas to make a difficult live up to their rhetoric. diligently, patriotically, silently, and with ruling—one that has changed America The omnibus appropriations bill in- little notice to uphold the highest traditions forever. Mr. President, on September 7, cludes State-specific provisions that and ideals of our country; and 1957, Judge Ronald Davies of North Da- permit two States—States that bla- Whereas, thousands of Federal employees kota ordered the immediate integra- tantly abused Federal matching rules are retired in Tennessee and continue to de- tion of the Little Rock, AR school sys- in the past—to draw excessive Federal vote inestimable time and effort toward the betterment of our communities and state; tem. Medicaid payments. According to a Now therefore, I, Don Sundquist, Governor What followed that ruling was, and host of independent analyses, the dis- of the State of Tennessee, do hereby pro- is, history. Many angry white residents proportionate share hospital [DSH] April 30, 1996 CONGRESSIONAL RECORD — SENATE S4445 schemes used by these States and oth- that the Republican Governors in these Mr. GRASSLEY. I ask unanimous ers nearly single handedly created dou- States cannot even live within existing consent that the resolution be agreed ble-digit increases in Federal Medicaid limits that control only one aspect of to, the preamble be agreed to, and the spending in the early 1990’s. Congress the Medicaid Program. If Medicaid motion to reconsider be laid upon the shut down these schemes in 1991 and block grants were to be enacted, we table, and that any statements relating 1993 by creating State-specific and hos- should expect a deluge of formula fixes to the resolution appear at the appro- pital-specific limits on DSH payments. in the future.∑ priate place in the RECORD. However, through Republican maneu- f The PRESIDING OFFICER. Without vering under this omnibus bill, two objection, it is so ordered. RELIEF OF NATHAN C. VANCE States that relied on these schemes So the resolution (S. Res. 217) was will once again disproportionately ben- Mr. GRASSLEY. Further, for our agreed to. efit from the Federal Treasury. leader, I ask unanimous consent that The preamble was agreed to. First, New Hampshire will receive the Senate proceed to the immediate The resolution with its preamble is Federal matching payments for the dis- consideration of Calendar No. 383, S. as follows: proportionate share hospital payments 966. S. RES. 217 it made last year to a State-owned psy- The PRESIDING OFFICER. The Whereas the American Foreign Service was chiatric hospital, even though these clerk will report. established in 1924 and some 11,600 men and payments violate the hospital-specific The legislative clerk read as follows: women now serve with the foreign affairs limits enacted in 1993. The Department A bill (S. 966) for the relief of Nathan C. agencies of the United States at home and Vance. abroad; of Health and Human Services has de- Whereas the diplomatic, consular, commu- ferred making Federal matching pay- The PRESIDING OFFICER. Is there nications, trade, development, and numerous ments because these DSH payments objection to the immediate consider- other functions these men and women per- normally would not be allowable under ation of the bill? form constitute the first and most cost-effec- Medicaid matching rules. The omnibus There being no objection, the Senate tive line of defense of our Nation by protect- appropriations bill would allow New proceeded to consider the bill. ing and promoting United States interests Hampshire to receive matching pay- Mr. GRASSLEY. Mr. President, I ask abroad; ments up to $54 million, whether these unanimous consent that the bill be Whereas the men and women of the Amer- ican Foreign Service are increasingly ex- payments are allowable or not. deemed read a third time and passed posed to risks and danger to themselves and In addition, although the majority and the motion to reconsider be laid their families, even in times of peace, and intended to provide a fix only for New upon the table, and that any state- many have died in the service of their coun- Hampshire, other States may also ments relating to the bill be placed at try; qualify under this provision. the appropriate place in the RECORD. Whereas in this uncertain post-Cold War Second, Louisiana will receive a The PRESIDING OFFICER. Without era, an ever-vigilant American Foreign Serv- guaranteed Federal payment of $2.6 bil- objection, it is so ordered. ice remains essential to the strategic, politi- lion—even though it will not be put- So the bill (S. 966) was deemed to cal, and economic well-being of this Nation ting up the State dollars necessary to by strengthening the United States’ rela- have been read the third time, and tions with other countries and promoting a claim these matching payments. This passed, as follows: safer, more peaceful world. provision, in essence, provides Louisi- S. 966 Whereas the United States Government’s ana with a higher Federal matching Be it enacted by the Senate and House of Rep- foreign affairs agencies and the American rate than allowed under current law, resentatives of the United States of America in Foreign Service Association have observed simply because Louisiana is unwilling Congress assembled, Foreign Service Day on the first Friday in or unable to commit sufficient State SECTION 1. PAYMENT TO NATHAN C. VANCE. May for many years; and Whereas it is both appropriate and just for funds to support its existing Medicaid (a) PAYMENT.—Subject to subsections (b) the country as a whole to recognize the dedi- Program. Louisiana also used DSH and (c), the Secretary of Agriculture shall pay $4,850.00 to Nathan C. Vance of Wyoming cation of the men and women of the Amer- scams to draw enormous Federal Med- ican Foreign Service and to honor those who icaid payments and is now facing a for fire loss arising out of the Mink Area Fire in and around Yellowstone National have given their lives in the loyal pursuit of budget shortfall under current, tighter Park in 1988. their duties and responsibilities representing the interests of the United States of America rules. CBO initially estimated that this (b) SOURCE OF FUNDS.—The Secretary of fix will cost the Federal Government the Treasury shall pay the amount specified and of its citizens: Now, therefore, be it an additional $900 million through 1999. in subsection (a) from amounts made avail- Resolved, That the Senate— (1) commend the men and women who have able under section 1304 of title 31, United Late-breaking negotiations have short- served or are presently serving in the Amer- States Code. ened the time-frame and lessened the ican Foreign Service for their dedicated and (c) CONDITION OF PAYMENT.—The payment Federal cost in the out-years. However, important service to country; made pursuant to subsection (a) shall be in increased spending still will not be off- (2) honor those in the American Foreign full satisfaction of the claim of Nathan C. Service who have given their lives in the line set because the increase occurs later Vance against the United States, for fire loss of duty; and than fiscal year 1996. arising out of the Mink Area Fire, that was (3) designate the first Friday in May 1996 In 1991 and 1993 Congress chose to received by the Forest Service in August as ‘‘American Foreign Service Day’’. close down some States’ creative book- 1990. The President is authorized and requested to keeping schemes and construct reason- f able limits to the disproportionate issue a proclamation calling upon the people AMERICAN FOREIGN SERVICE DAY of the United States and the Federal, State, share hospital program. These appro- and local administrators to observe the day priations provisions will undermine Mr. GRASSLEY. Also, for our leader, with the appropriate programs, ceremonies, those important protections for the I ask unanimous consent that the Sen- and activities. Federal Treasury. If congressional Re- ate proceed to the immediate consider- f publicans were serious about limiting ation of Calendar No. 381, Senate Reso- Federal spending, they would have re- lution 217. ORDERS FOR WEDNESDAY, MAY 1, fused to include these give-aways in The PRESIDING OFFICER. The 1996 this appropriations agreement. Instead, clerk will report. Mr. GRASSLEY. Also, Mr. President, Congress will provide additional fund- The assistant legislative clerk read for our leader, I ask unanimous con- ing with no additional gain to Amer- as follows: sent that when the Senate completes ican taxpayers. A resolution (S. Res. 217) to designate the its business today, it stand in adjourn- The Republican Governors say that first Friday in May, 1996 as ‘‘American For- ment until the hour of 9 a.m. on they can control Medicaid spending eign Service Day.’’ Wednesday, May 1; further, that imme- themselves—and they have clamored The PRESIDING OFFICER. Is there diately following the prayer, the Jour- for Federal block grants to do so. Yet objection to the immediate consider- nal of proceedings be deemed approved the Republican Governors in these two ation of the resolution? to date, no resolutions come over under States sought these exceptions to Med- There being no objection, the Senate the rule, the call of the calendar be dis- icaid law. These legislative fixes signal proceeded to consider the resolution. pensed of, the morning hour be deemed S4446 CONGRESSIONAL RECORD — SENATE April 30, 1996 to have expired, and there then be a pe- of the causes of difficulties is the ease While I do not doubt the General’s sin- riod for morning business with Senator of availability of illegal drugs to to- cerity, I am not all that confident in LUGAR to be recognized for up to 45 day’s young people. Not only do illegal the administration’s commitment to minutes. I further ask that imme- drugs destroy families and ruin the supporting him. Indeed, the General’s diately following Senator LUGAR’s lives of individuals; they exact a heavy first task is imply to recover much of statement the Senate resume consider- cost on society as a whole. Whether it the ground lost in the last 3 years. His ation of the immigration bill. is in rising health care costs, losses at effort is aimed at damage control. The The PRESIDING OFFICER. Without work, or greater risks on our highways strategy, unfortunately, is a prisoner objection, it is so ordered. and streets, drugs exact a heavy toll. to that effort. And it shows. It outlines f Conservative estimates put the costs at fine sentiments, but it is skimpy on over $67 billion a year. That does not any measurable standards. It is hard to PROGRAM include the costs of the drugs them- fault such language as the strategy contains. But it says little other than Mr. GRASSLEY. Mr. President, the selves. Nor is it a measure of human it is against drugs. It offers little in Senate will tomorrow resume consider- misery, which cannot be reduced to concrete measures to determine wheth- ation of S. 1664. That is the immigra- dollars and cents. When linked to ris- er intent will be backed up by deeds. tion bill. That will be tomorrow morn- ing crime and violence among our And it fights shy of providing any cri- ing. Senators should be reminded that young people, the problems become even more disturbing. teria to measure success. there will be a cloture vote on the bill I know that General McCaffrey in- immediately following the vote on the Juvenile crime is not new but it is rising nationwide. What is worse, ex- tends to do all in his power to fight Simpson amendment. this problem, but when it comes to se- It is the hope of the majority leader perts say kids commit more violent crimes today and show less remorse. In rious effort, my response is, ‘‘Show me, that we will complete action on the im- don’t tell me.’’ It is important that we migration bill during Wednesday’s ses- the last decade, murders committed by teens increased by 150 percent. Just re- get action not more words. sion. All Senators can therefore be ex- This administration has been more cently, three children, one 6-year-old pected to have rollcall votes through- than invisible on the drug issue in the and two twins, aged 8, invaded the out tomorrow’s session. past 3 years. It has tried to bury the house of a neighbor to steal a tricycle. f drug issue. The first official act on The 6-year-old, the ring leader, used drugs of this administration was to gut ORDER FOR ADJOURNMENT the occasion to savagely attack an in- the drug czar’s office. To cut its staff fant in its crib. The infant, beat and Mr. GRASSLEY. Mr. President, if by 80 percent. It was this administra- kicked by the 6-year-old, is not ex- there is no further business to come be- tion’s first Surgeon General that called pected to live, and if he does live, he is fore the Senate, I now ask that the for the legalization of drugs. It was likely to have brain damage. The crime Senate stand in adjournment under the this administration that replaced was premeditated and vicious. Unfortu- previous order, following my remarks. ‘‘Just Say No’’ with ‘‘Just Say Noth- nately, this tale of children killing The PRESIDING OFFICER. Without ing.’’ It was this administration that children is becoming increasingly com- objection, it is so ordered. replaced a strategy that was working mon. As is drug use among teenagers with one that has presided over one of f and even elementary school kids. the largest increases in use in the last What is unfortunate about this rise THE NATION’S DRUG STRATEGY 30 years. Furthermore, in the past 3 in drug use is that it comes after years years under this administration’s ap- Mr. GRASSLEY. Mr. President, yes- of declines. It comes after we had made proach, the movement to legalize drugs terday I did not have an opportunity to considerable progress. After years in has gained momentum. participate in a very important series which ‘‘Just Say No’’ helped lift a gen- It is deja vu all over again. Music, of speeches on the subject of the na- eration of kids past the most vulner- movies, and the media have begun to tional drug strategy that were spoken able years—ages 12 to 20. Not only is glamorize drug use. To normalize it in by several of my colleagues, particu- use returning, but kids see less danger print and song. Meanwhile the response larly on this side of the aisle. I am in using drugs than just a few years from the administration to rising teen- sorry I was not able to do that. That ago. Somewhere we put a foot wrong, age drug use or the effort to legalize was under the leadership of Senator and now we face the prospect of a new dangerous drugs has been like pulling COVERDELL, and I compliment Senator generation of addicts. teeth to monitor, difficult to explain, COVERDELL for his leadership in that We cannot let this happen. Recently, and hard to spot with the naked eye. area. So, it is at this point, albeit 1 day I cochaired a congressional task force It is only after growing criticism later, that I would like to comment on to lay the groundwork for fighting from Congress and from the public that our Nation’s drug strategy. back. Last week I held a hearing on the the administration has begun, at long Mr. President, when I returned to domestic consequences of drug traf- last, to at least talk about the drug Washington after the Easter recess, I ficking and use. Last month the Task issue. The President has had more to returned with a lot on my mind. Dur- Force on National Drug Policy, con- say about the drug issue in the past 2 ing the last week of Easter recess I vened by Senator DOLE and Speaker months than in the past 3 years. It is held a series of meetings across Iowa to GINGRICH, released ‘‘Setting the about time. It is only after efforts by brainstorm with parents, educators, Course: A National Drug Strategy’’. In Congress to force a more serious strat- law enforcement officers, country at- that report, we set out many of the egy on the administration, and to in- torneys, probation officers, juvenile prevention, treatment, law enforce- sist upon accountability in programs, court officials, social service and youth ment, and interdiction initiatives that that the administration has begun to specialists, and high school students. I we need to undertake to respond to the speak about meaningful efforts. wanted to hear their views on juvenile growing challenge of returning drug The administration is now talking delinquency, violence, and drug use. I use. Senator HATCH, Congressman about the need for a bipartisan effort. held these meetings to follow up on a ZELIFF and I, along with others, have I, for one, welcome such an effort. But town meeting I held in February. I did been working to put the drug issue let us not mistake criticism of failed this, in part, as preparation for the re- back on the national agenda after policies as partisanship. It is, after all, authorization of the Juvenile Justice years of neglect and virtual silence criticisms of the past few years of ef- and Delinquency Act. We need to take from the administration. fort that have led to the present, elec- a hard look at what works and where Yesterday, the administration, belat- tion-year reversals. It is breaking the the act needs to be updated in order to edly, issued its own strategy on how to silence on poor performance and ne- meet today’s requirements. fight back. While I welcome General glect that have led to renewed atten- The meetings highlighted the deep McCaffrey, the new drug czar, to the tion to drug policy. To the appoint- concern of the public over the growing fray, I am concerned that the strategy ment of a new drug czar. To a redis- problem of violence and drug use released by the administration is long covered interest by the President in among the Nation’s young people. One on platitudes and shy on substance. drug policy. April 30, 1996 CONGRESSIONAL RECORD — SENATE S4447 Better late than never. But, while I remain concerned that many of the I yield the floor. welcome the present born-again policy, Key advisers on policy are hostile to I remain concerned about the intent serious enforcement and interdiction f behind it. There is more showmanship efforts. I am concerned about the com- and political maneuvering in the mitment of some of the advisers to the ADJOURNMENT UNTIL 9 A.M. White House to keeping drugs illegal. present effort than depth of commit- TOMORROW Nevertheless, I welcome the strategy ment. I know that General McCaffrey and I hope that the administration will The PRESIDING OFFICER. Under is not running for reelection. I believe support the drug czar, unlike his prede- the previous order, the Senate stands that General McCaffrey is serious when cessor. I hope that we will see more ac- adjourned until tomorrow at 9 a.m. he says he wants a bipartisan ap- tion. I hope that the action that we see Thereupon, the Senate, at 9:32 p.m., proach. I am less certain about the mo- focuses less on backdrops and photo adjourned until Wednesday, May 1, tives of others in the administration. I ops, and more on results. 1996, at 9 a.m. April 30, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E661 EXTENSIONS OF REMARKS

CONFERENCE REPORT ON H.R. 3019, HONORING THE RICKMAN ‘‘WE THE PEOPLE * * * THE CITI- BALANCED BUDGET DOWN PAY- VOLUNTEER FIRE DEPARTMENT ZEN AND CONSTITUTION’’ PRO- MENT ACT, II GRAM HON. BART GORDON SPEECH OF OF TENNESSEE HON. DAN BURTON IN THE HOUSE OF REPRESENTATIVES HON. ROBERT K. DORNAN OF INDIANA Tuesday, April 30, 1996 IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Mr. GORDON. Mr. Speaker, I am taking this Tuesday, April 30, 1996 IN THE HOUSE OF REPRESENTATIVES opportunity to applaud the invaluable services provided by the Rickman Volunteer Fire De- Thursday, April 25, 1996 Mr. BURTON of Indiana. Mr. Speaker, on partment. These brave, civic minded people April 27±29, 1996, more than 1,300 students Mr. DORNAN. Mr. Speaker, we are discuss- give freely of their time so that we may all feel from 50 States and the District of Columbia ing the fiscal year 1996 omnibus appropria- safer at night. were in Washington, DC to compete in the na- tions bill in which an important provision to Few realize the depth of training and hard tional finals of the We the People * * * The withhold funding for expanded diplomatic rela- work that goes into being a volunteer fire- Citizen and the Constitution program. I am fighter. To quote one of my local volunteers, tions with Vietnam until. the tyrannical Com- proud to announce that the class from Law- ``These firemen must have an overwhelming rence Central High School from Indianapolis, munist government of Vietnam provides a full desire to do for others while expecting nothing represented the 6th district of the State of Indi- accounting of our POW/MIA's was rendered in return.'' ana. These young scholars worked diligently ineffective by compromise language. The origi- Preparation includes twice monthly training to reach the national finals by winning local nal language of the provision, which was co- programs in which they have live drills, study competitions in their home State. sponsored by myself and distinguished col- the latest videos featuring the latest in fire The distinguished members of the team rep- leagues, BEN GILMAN, BOB BARR, and JACK fighting tactics, as well as attend seminars resenting Indiana are: Amber Anderson, Carrie KINGSTON, called for the Vietnamese to ``fully where they can obtain the knowledge they Anderson, Heather Bailey, Alicia Crichton, Na- cooperate'' in providing answers to voluminous need to save lives. Within a year of becoming than Criswell, Finda Fallah, Jeremy Freismuth, intelligence reports and analysis in the pos- a volunteer firefighter, most attend the Ten- Lourie Gilbert, Robert Gordon, Phillip Gray, session of the United States Department of nessee Fire Training School in Murfreesboro Amanda Gross, Tim Halligan, Lindsey Hamil- Defense that is related to more than 400 where they undergo further intensified training. ton, Brandon Hart, Scott King, Brent Patter- POW/MIA cases where the service men were When the residents of my district go to bed son, Mike Petro, Megan Pratt, Jason Roberts, last known alive or known to have perished at night, they know that should disaster strike Anthony Roque, C. David Smith, Tony Snider, under Vietnamese Government control. and their home catch fire, well trained and Tomeka Stansberry, Crystal Sullivan, Sarah qualified volunteer fire departments are ready Thompson, Gene Wagner, Maurice Williams, In three hearings before my subcommittee, and willing to give so graciously and gener- and Mike Zabst. United States Government analysts repeatedly ously of themselves. This peace of mind I would also like to recognize their teacher, testified under oath that the United States should not be taken for granted. Drew Horvath, who deserves much of the Government knows that the Vietnamese Gov- By selflessly giving of themselves, they en- credit for the success of the team. The district ernment is withholding volumes of records and sure a safer future for us all. We owe these coordinator, Langdon Healy, and the State co- volunteer fire departments a debt of gratitude documents related to missing American he- ordinator, Robert Leming, also contributed a for their service and sacrifice. roes in Vietnam and Laos. The words ``fully significant amount of time and effort to help cooperating'' was originally accepted by the team reach the national finals. House and Senate appropriations conferees. f The We the People * * * The Citizen and Tragically this important specific terminology TRIBUTE TO MARYNEZ TORRES the Constitution program is the most extensive was, at the last minute, watered down to educational program in the country developed ``Elmer Gantryesque'' charlatan's rhetoric: ``co- HON. WILLIAM O. LIPINSKI specifically to educate young people about the operating in full faith.'' In their needless des- Constitution and the Bill of Rights. The 3-day OF ILLINOIS peration to cut a deal during the waning hours national competition simulates a congressional of negotiations with the White House, congres- IN THE HOUSE OF REPRESENTATIVES hearing in which students' oral presentations sional negotiators apparently believed that the Tuesday, April 30, 1996 are judged on the basis of their knowledge of fate of missing American heroes and the pleas Mr. LIPINSKI. Mr. Speaker, I pay tribute constitutional principles and their ability to of their families for an honest accounting were today to a brave young woman in my district apply them to historical and contemporary is- an issue to be bartered with the ``triple draft- whose quick thinking saved her family. sues. dodger-in-chief.'' Ms. Marynez Torres, 15 was baby-sitting Administered by the Center for Civic Edu- Mr. Speaker, I am supported by esteemed her two younger brothers when a fire broke cation, the We the People * * * program, now in its 9th academic year, has reached colleagues and friends such as Senator BOB out in the kitchen of the family's home. Unable more than 70,400 teachers, and 22,600,000 SMITH and the ``Gary Cooper'' of this legisla- to extinguish the fire, Ms. Torres rushed her two brothers out of the house to a safe loca- students nationwide at the upper elementary, tive body former POW SAM JOHNSON, in our tion and dialed ``911''. middle, and high school levels. Members of determination to hold the White House totally She was recently honored by both the Congress and their staff enhance the program culpable. The President must prove, based on Hodgkins Village board president and the by discussing current constitutional issues with United States intelligence analysis in our pos- Pleasantview Fire Protection District for her students and teachers. session, whether the Vietnamese Government heroic efforts. As Pleasantview Fire Chief Dan The We the People * * * program provides has fully accounted for all POW/MIA cases Hermes told Ms. Torres, ``You did everything an excellent opportunity for students to gain and returned all remains of fallen heroes in right. We thank you for remembering what to an informed perspective on the significance of their possession, before any more tax dollars do.'' the U.S. Constitution and its place in our his- are spent on expanding relations with the bru- Mr. Speaker, I commend Ms. Torres for her tory and our lives. I am very proud of the tal and tyrannical Communist dictators in quick thinking that saved the life of her two achievements of these students from Law- Hanoi. brothers. rence Central High School.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E662 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 1996 TRIBUTE TO DALE BROWN an eloquent case defending and explaining the Republicans like Wendell Willkie and Arthur work of our diplomats. I urge my colleagues to Vandenberg, sought to implement these high HON. ROB PORTMAN review Ambassador Gardner's March 29, purposes with a policy of practical inter- 1996, speech to the American Society of Inter- nationalism, which I define as working with OF OHIO other countries in bilateral, regional and national Law which is excerpted here. IN THE HOUSE OF REPRESENTATIVES global institutions to advance common in- WHO NEEDS AMBASSADORS? terests in peace, welfare and human rights. Tuesday, April 30, 1996 I come to you as a deeply troubled ambas- Our postwar ‘‘founding fathers’’ in both po- Mr. PORTMAN. Mr. Speaker, I am ex- sador. I am troubled by the lack of under- litical parties understood the importance of tremely pleased to rise today in recognition of standing in our country today about our for- military power and the need to act alone if Ms. Dale P. Brown, a distinguished citizen of eign policy priorities and the vital role of necessary in defense of U.S. interests. But our embassies in implementing them. I Cincinnati. they also gave us the United Nations, the sometimes think that what our ambassadors Bretton Woods organizations, GATT, the On Wednesday, May 1, Ms. Brown will re- and embassies do is one of our country’s best Marshall Plan, NATO and the Point Four ceive the prestigious Human Relations Award kept secrets. program as indispensable instruments for from the Cincinnati Chapter of the American During the Cold War there was also confu- achieving our national purposes in close co- Jewish Committee, a much deserved honor for sion and ignorance, but at least there was bi- operation with others. all of the work she has done both profes- partisan consensus on the need for American We are working with host governments to leadership in defending freedom in the world restore momentum to the endangered Middle sionally and for her community. against Soviet aggression and the spread of Ms. Brown has made quite a mark on Cin- East peace process by mobilizing inter- totalitarian communism. national action against the Hamas terrorists cinnati. As the president and CEO of the Sive/ Much of my work as ambassador to Italy and their supporters, providing technical as- Young & Rubicam advertising firm, Dale was dominated by this overriding priority. sistance and economic aid to the Palestinian Brown has led her company through a period At a time when some Italian leaders were authority, encouraging the vital Syrian-Is- of rapid growth and deep community involve- flirting with the compromesso storico—a raeli negotiations, and promoting regional ment. government alliance between Christian Middle East economic development. Democrats and an Italian Communist Party Dale Brown also helped reengineer the Unit- We have been consulting with key Euro- still largely oriented toward Moscow—I was pean governments such as Spain as well as ed Way ``Shaping the Future'' Task Force, is able to play a modest role in making sure the communications chair for the 1996 United with the EU Commission in Brussels on how the Italians understood why the United to bring a peaceful transition to democracy Way campaign, and was named a Career States opposed the entry of Communist par- in Cuba. Woman of Achievement by the Cincinnati ties into the governments of NATO allies. On the second priority: confronting the YWCA. And I have had the pleasure of work- When the Soviet Union began threatening new transnational threat: ing with Ms. Brown, in her role as a founding Europe by deploying its SS–20 missiles, it Having worked successfully with our host was vitally important for NATO to respond member of the steering committee of the Coa- governments for the unconditional and in- by deploying the Pershing 2 and cruise mis- definite extension of the Non-Proliferation lition for a Drug-Free Greater Cincinnati, a siles. It soon became clear that the deploy- grassroots group that I organized to fight the Treaty—a major diplomatic achievement— ment could not occur without a favorable de- we are focusing now on building support for war on drugs at the local level. cision by Italy. Our embassy in Rome was a Comprehensive Test Ban Agreement, on Mr. Speaker, I hope that you will join me able to persuade an Italian Socialist Party keeping weapons of mass destruction out of and the rest of my colleagues in recognizing with a history of hostility to NATO to do an the hands of countries like Iran, Iraq and about-face and vote for the cruise missile de- Dale Brown for all her selfless contributions to Libya, and on securing needed European fi- ployment in the Italian Parliament along nancial contributions for the Korean Energy her community. Whether leading her business with the Christian Democrats and the small Development Organization, an essential ve- to unprecedented success or volunteering in non-communist lay parties. the fight against teenage drug use, Brown is Some years later Mikhail Gorbachev said hicle for terminating North Korea’s nuclear an inspiration to those around her. Cincinnati it was the NATO decision to deploy the Per- weapons program. We are working to strengthen bilateral and shing and cruise missiles—not the Strategic is fortunate to have someone of her caliber in multilateral arrangements to assure the our midst. Defense Initiative as some have claimed— that helped bring him to the realization that identification, extradition and prosecution f his country had to move from a policy based of persons engaged in drug trafficking, orga- nized crime, terrorism and alien smuggling, PRAISING OUR DIPLOMATIC CORPS on military threats to one of accommodation with the West. and we are building European support for So at the height of the Cold War, it did not new institutions to train law enforcement of- HON. BILL RICHARDSON take a genius to understand the need for ficers in former Communist countries, such as the International Law Enforcement Acad- OF NEW MEXICO strong U.S. leadership in the world and for effective ambassadors and embassies in sup- emy in Budapest. IN THE HOUSE OF REPRESENTATIVES port of that leadership. And we are giving a new priority in our di- Tuesday, April 30, 1996 Today, however, there is no single unifying plomacy to the protection of the global envi- threat to help justify and define a world role ronment, coordinating our negotiating posi- Mr. RICHARDSON. Mr. Speaker, as a for the United States. As a result, we are tions and assistance programs on such issues member of our Permanent Select Committee witnessing devastating reductions in the as population, climate change, ozone deple- on Intelligence, I have had the unique oppor- State Department budget which covers the tion, desertification, and marine pollution. tunity to participate in a number of highly sen- cost of our embassies overseas. For we have learned that environmental ini- sitive foreign affairs missions. In each of my Now that there is no longer a Soviet Union tiatives can be vitally important to our overseas assignments, I have had the great and a Communist threat, what is our foreign goals of prosperity and security: negotia- pleasure of working with exceptional members policy all about? And what is the current tions on water resources are central to the need for ambassadors and embassies? Middle East peace process, and a Haiti of our diplomatic corps. A common refrain heard today is that denuded of its forests will have a hard time Sadly, the corps is not always appreciated American foreign policy lacks a single unify- supporting a stable democracy and keeping as the State Department has been under ing goal and a coherent strategy for achiev- its people from flooding our shores. siege, even by some Members of this body ing it. But precisely because the post Cold On the third priority: promoting open mar- who seek to undermine the activity of our dip- War world is so complex, so rapidly evolving, kets and prosperity: lomatic corps to properly represent U.S. inter- and characterized by so many diverse threats Having worked with our host countries to ests and citizens overseas. to our interests, it is difficult to encapsulate bring a successful conclusion to the Uruguay Round, we are now busily engaged in discuss- The work that our diplomats do in represent- in one sentence or one paragraph a definition of American foreign policy that has global ing left-over questions like market access ing this country has a profound impact. Their application. for audiovisuals, telecommunications, and work enables our country to engage in inter- Perhaps we should start by recalling what bio-engineered foods, and new issues like national business, but more importantly, they our foreign policy was all about before there trade and labor standards, trade and environ- save our country blood by defusing crises be- was a Cold War. It was about trying to create ment, and trade and competition policy. fore we need to send our military. a world in which the American people could We are also encouraging the enlargement Ambassadors, and indeed our entire diplo- be secure and prosperous and see their deeply of the European Union to Central and East- matic corps, are our country's first line of de- held values of political and economic free- ern Europe and we are reporting carefully on dom increasingly realized in other parts of the prospects of the European Monetary fense and are critical to our national security the world. Well, that is still the purpose of Union by the target date of 1999 and on the and interest. our foreign policy today. implications of an EMU for U.S. interests. Our most able Ambassador to Spain, the Presidents Franklin Roosevelt and Harry In carrying out this rich global foreign pol- Honorable Richard Gardner recently presented Truman, with broad bipartisan support from icy agenda we will be greatly assisted by the April 30, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E663 agreement that was reached in Madrid last down to about $17 billion annually—about 1 Americans have fallen into the habit of December between President Clinton, Prime percent of our total budget. Taking inflation thinking that ambassadors and embassies Minister Felipe Gonzalez and President into account, this $17 billion is nearly a 50 have become irrelevant luxuries, obsolete Jacques Santer of the European Commission percent reduction in real terms from the frills in an age of instant communications. on the ‘‘New Transatlantic Agenda’’ and its level of a decade ago. For Fiscal Year 1997, We make the mistake of thinking that if a accompanying ‘‘U.S.-EU Action Plan.’’ the Congressional leadership proposes a cut sound foreign policy decision is approved at These documents were a major achieve- to $15.7 billion. Its 7-year plan to balance the the State Department or the White House, it ment of Spain’s EU presidency. They rep- budget would bring international affairs does not much matter how it is carried out resent an historic breakthrough in U.S. rela- spending down to $12.5 billion a year by 2002. in the field. tions with the European Union, moving Keep in mind that about $5 billion of the This is a dangerous illusion indulged in by those relations beyond consultation to com- 150 account, goes to Israel and Egypt—right- no other major country. Things don’t happen mon action on almost all of the foreign pol- ly so, in my opinion, because of the priority just because we say so. Discussion and per- icy questions I cited earlier and many others we accord to Middle East peace. So under the suasion are necessary. Diplomacy by fax sim- I have no time to mention. Congressional balanced budget scenario only ply doesn’t work. A senior-level group from the United $7.5 billion would be left four years from now Ambassadors today need to perform mul- States, the European Commission and the for all of our other international spending. tiple roles. They should be the ‘‘eyes and EU Presidency country (currently Italy) is These actual and prospective cuts in our ears’’ of the President and Secretary of responsible for monitoring progress on this international affairs account are devastat- State; advocates of our country’s foreign pol- large agenda and modifying it as necessary. ing. Among other things, they mean: icy in the upper reaches of the host govern- The Madrid documents commit the U.S. that we cannot pay our legally owing dues ment. and the EU to building a new ‘‘Transatlantic to the United Nations system, thus severely They need to build personal relationships Marketplace.’’ We have agreed to undertake undermining the world organization’s work of mutual trust with key overseas decision- a study on the reduction or elimination of for peace and compromising our efforts for makers in government and the private sec- tariffs and non-tariff barriers between the UN reform. tor. They should also radiate American val- two sides of the Atlantic. Even as the study that we cannot pay our fair share of vol- ues as intellectual, educational and cultural proceeds, we will be looking at things that untary contributions to UN agencies and emissaries, communicating what our coun- can be done rather promptly, such as elimi- international financial institutions to assist try stands for to interest groups and intel- nating investment restrictions, duplicative the world’s poor and promote free markets, lectual leaders as well as to the public at testing and certification requirements, and economic growth, environmental protection large. conflicting regulations. This means more and population stabilization; In a previous age of diplomacy, U.S. am- work not only in Brussels and Washington that we must drastically cut back the bassadors spent most of their time dealing but in each of our embassies. reach of the Voice of America and the size of with bilateral issues between the United We will also be following closely the EU’s our Fullbright and International Visitor pro- States and the host country. Bilateral issues Intergovernmental Conference (IGC) that is grams, all of them important vehicles for in- are still important—assuring access to host now opening in Turin. The common foreign fluencing foreign opinion about the United country military bases, promoting sales of and security policy provided for in the States; U.S. products, stimulating educational and Maastricht Treaty is still a work in progress. that we will have insufficient funds to re- cultural exchanges are some notable exam- Although the EU provides substantial eco- spond to aid requirements in Bosnia, Haiti, ples. And every embassy has the obligation nomic aid and takes important regional the Middle East, the former Communist to report on and analyze political and eco- trade initiatives, it has so far proved unable countries and in any new crisis where our na- nomic developments in the host country that to deal with urgent security crisis like those tional interests are at * * *. may impact on U.S. interests. in the former Yugoslavia and the Aegean. Why did they do these things? But most of the work of our ambassadors The IGC offers an opportunity to revise EU Because they understood the growing and embassies today is devoted to regional institutions and procedures so that a com- interdependence between conditions in our and global issues—indeed, to acting upon the mon foreign and security policy can be made country and conditions in our global neigh- three key priorities identified by Secretary to work in an EU whose membership could borhood. Christopher in his Kennedy School speech. grow from 15 to 27 in the decade ahead. We Because they understood that our best Let me give you some examples based on my hope that opportunity will be seized. chance to shape the world environment to experience in Madrid and with my fellow am- What changes the IGC should make in the promote our national security and welfare bassadors in Europe: Maastricht Treaty is exclusively for the EU was to share costs and risks and other na- On the first priority: pursuing peace in re- countries to decide, but the United States is tions in international institutions. gions of vital interest: not indifferent to the outcome. We believe And because they understood that our na- We are working with our host countries to our interests are served by continuing tional interest in the long run would best be fashion common policies on the continued progress toward European political as well as served by realizing the benefits of reciproc- transformation of NATO, Partnership for economic unity, which will make Europe a ity and stability only achievable through the Peace, NATO enlargement, and NATO-Russia more effective partner for the United States development of international law. relations. in world affairs. Listening to much of our public debate, I After having secured host country support The question that remains to be answered sometimes think that all this history has for the military and diplomatic measures is whether the American people and the Con- been forgotten, that we are suffering from a that brought an end to the fighting in gress are willing to provide the financial re- kind of collective amnesia. I submit that the Bosnia, we are now working to assure the sources to make all this activity possible. basic case for American world leadership implementation of the civilian side of the The politics of our national budget situation today is essentially the same as it was before Dayton Agreement, notably economic recon- has ominous implications for our foreign pol- the Cold War began. It is a very different struction, free elections, the resettlement of icy in general and our international diplo- world, of course, but the fact of our inter- refugees, and the prosecution of war crimes. macy in particular. dependence remains. Obviously, in every That we will have fewer and smaller offices Let us begin with some very round num- major respect, it has grown. to respond to the 2 million requests we re- bers. We have a Gross Domestic Product of What are the specific foreign policy prior- ceive each year for assistance to Americans about $7 trillion and a federal budget of ities in the Clinton Administration? In a re- overseas and to safeguard our borders about $1.6 trillion. Nearly $1.1 trillion of that cent speech at Harvard’s Kennedy School, through the visa process. $1.6 trillion goes to mandatory payments— Secretary of State Warren Christopher iden- And that we will be unable to maintain a the so-called entitlement programs such as tified three to which we are giving special world-class diplomatic establishment as the Medicare, Medicaid, and social security and emphasis—pursuing peace in regions of vital delivery vehicle for our foreign policy. also federal pensions and interest on the na- interest, confronting the new transnational A final word on this critical last point. The tional debt. The remaining $500 billion di- security threats, and promoting open mar- money which Congress makes available to vides about equally between the defense kets and prosperity. maintain the State Department and our budget and civilian discretionary spending— The broad lines of American policy in overseas embassies and consulates is now which account for some $250 * * *. these three priority areas are necessarily down to about $2.5 billion a year. As the Of the $250 billion of civilian discretionary hammered out in Washington. But our em- international affairs account continues to go spending, about $20 billion used to be devoted bassies constitute an essential part of the de- down, we face the prospect of further cuts. on the average of years to international af- livery system through which those policies The budget crunch has been exacerbated by fairs—the so-called 150 account. This account are implemented in particular regions and the need to find money to pay for our new includes our assessed and voluntary pay- countries. embassies in the newly independent coun- ments to the UN, our bilateral aid and con- This includes not only such vital multilat- tries of the former Soviet Union. tributions to the international financial in- eral embassies as our missions to the UN in In our major European embassies, we have stitutions, the U.S. Information Agency’s New York, Geneva and Vienna, and to NATO already reduced State Department positions broadcasting and educational exchange pro- and the European Union in Brussels, but also by 25 percent since Fiscal Year 1995. We have grams, and the State Department budget. our embassies in the more than 180 countries been told to prepare for cuts of 40 percent or Congressional spending cuts have now with which we maintain diplomatic rela- more from the 1995 base over the next two or brought the international affairs account tions. three years. E664 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 1996 In our Madrid embassy, to take an exam- TRIBUTE TO CALIFORNIA Fire Department. These brave, civic minded ple, this will leave us with something like WORKING GROUP people give freely of their time so that we may three political and three economic officers all feel safer at night. besides the ambassador and deputy chief of Few realize the depth of training and hard mission to perform our essential daily diplo- HON. ANNA G. ESHOO OF CALIFORNIA work that goes into being a volunteer fire- matic work of advocacy, representation and fighter. To quote one of my local volunteers, IN THE HOUSE OF REPRESENTATIVES reporting in the broad range of vitally im- ``These fireman must have an overwhelming portant areas I have enumerated. Our other Tuesday, April 30, 1996 desire to do for others while expecting nothing embassies face similarly devastating reduc- in return.'' tions. Ms. ESHOO. Mr. Speaker, I rise today to honor the California Working Group, whose Preparation includes twice-monthly training I have to tell you that cuts of this mag- TV producers are being honored by the 110 programs in which they have live drills, study nitude will gravely undermine our ability to affiliated local unions of the Central Labor the latest videos featuring the latest in fire- influence foreign governments and will se- Council of San Mateo County, AFL±CIO, and fighting tactics, as well as attend seminars verely diminish our leadership role in world where they can obtain the knowledge they affairs. They will also have detrimental con- their 65,000 members and families for their production of ``We Do the Work.'' need to save lives. Within a year of becoming sequences for our intelligence capabilities a volunteer firefighter, most attend the Ten- since embassy reporting is the critical overt California Working Group has for 6 years produced ``We Do the Work,'' the only national nessee Fire Training School in Murfreesboro component of U.S. intelligence collection. In where they undergo further, intensified train- expressing these concerns I believe I am rep- public television series that addresses contem- porary life and issues faced by working peo- ing. resenting the views of the overwhelming ma- When the residents of my district go to bed jority of our career and non-career ambas- ple. The weekly series has been broadcast on at night, they know that should disaster strike sadors. more than 130 PBS stations across the coun- try, with programs highlighting Americans' con- and their home catch fire, well-trained and Under the pressure of Congressional budget qualified volunteer fire departments are ready cuts, the State Department is eliminating 13 cerns about unemployment, child labor, job wages, job migration, health and safety is- and willing to give so graciously and gener- diplomatic posts, including consulates in ously of themselves. This peace of mind such important European cities as Stuttgart, sues, and job training, as well as programming which examines the labor culture, media cov- should not be taken for granted. Zurich, Bilbao and Bordeaux. The Bordeaux By selflessly giving of themselves, they en- Consulate dated back to the time of George erage of work issues, and leadership within sure a safer future for us all. We owe these Washington. Try explaining to the French the labor movement. volunteer fire departments a debt of gratitude that we cannot afford a consulate there now The staff and board of directors of California for their service and sacrifice. when we were able to afford one then when Working Group have succeeded in their mis- we were a nation of 3 million people. sion by producing programs that bring positive f The consulates I have mentioned not only images of working people to television. The TRIBUTE TO EMIL SCHIEVE POST, provided important services to American distinguished producers and members on the AMERICAN LEGION ON ITS 75TH residents and tourists, they were political staff are Patrice O'Neill, Rhian Miller, Linda ANNIVERSARY lookout posts, export promotion platforms, Peckham, Kyung Sun Moon, Debra Chaplan, and centers for interaction with regional Valerie Lapin, Craig Berggold, and Steve HON. WILLIAM O. LIPINSKI leaders in a Europe where regions are assum- Diputado and the board of directors are Rome OF ILLINOIS ing growing importance. Now they will be all Aloise, Mary Anne Barnett, Danny Beagle, IN THE HOUSE OF REPRESENTATIVES gone. Barbara Byrd, Art Carter, Dave Elsila, John Tuesday, April 30, 1996 Closing the 13 posts is estimated to save Garcia, Kathy Garmezy, Jeff Greendorfer, about $9 million a year, one quarter of the Conn Hallinan, Ben Hudnall, Bob Kalaski, Mr. LIPINSKI. Mr. Speaker, I rise today to cost of an F–16 fighter plane. Bilbao, for ex- Karen Keiser, Shelley Kessler, Ed Logue, Ken pay tribute to an outstanding veterans organi- ample, cost $200,000 a year. A B–2 bomber Lohre, Jack McNally, Kerry Newkirk, Gladys zation in my district, the Emil Schieve Post of costs about $2,000 million. I remind you that Perry, Art Pulaski, Erica Rau, Charlie Reiter, the American Legion, in Lyons, IL, as it cele- $2 billion pays nearly all the salaries and ex- Alicia Ribeiro, Steve Roberti, Dan Scharlin, brates its 75th anniversary this year. penses of running the State Department—in- Steve Shriver, Carole Sickler, Dave Sickler, The post was founded in 1921 by a group cluding our foreign embassies—for a year. and Michael Straeter. Together they have suc- of World War I veterans. Its namesake, Emil Let us be clear about what is going on. The cessfully provided a forum for ordinary Ameri- Scheive was the first Lyons man killed in commendable desire to balance our national cans to speak their minds and share their sto- World War I. He died in action in France on budget, the acute allergy of the American ries with the public at large. October 4, 1918. people to tax increases (indeed, their desire California Working Group productions have In its three quarters of a century in, the post for tax reductions), the explosion of entitle- been awarded Golden and Silver Apple has had four homes, moving to its current lo- ment costs with our aging population, and Awards from the National Educational and cation at 4112 Joliet Avenue, the village's the need to maintain a strong national de- Film & Video Festival, silver and gold plaques former library in 1967. In honor of its anniver- fense, all combine to force a drastic curtail- from the Chicago International Film Festival, sary, the post is displaying historical photos ment of the civilian discretionary spending from its archives that not only highlight its his- which is the principal public vehicle for do- and the Sidney Hillman Award. Mr. Speaker, the California Working Group tory, but the community's as well. mestic and international investments essen- Mr. Speaker, I commend the members, liv- is an exemplary nonprofit organizations that tial to our country’s future. ing and past, of Emil Schieve American Le- has contributed great depth and diversity to Having no effective constituency, spending gion Post on its 75th anniversary serving the our community and the labor movement. I ask on international affairs is taking a particu- veterans of their community. my colleagues to join me in saluting the Cali- larly severe hit within the civilian discre- f tionary account and with it the money need- fornia Working Group, its staff and board of di- ed for our diplomatic establishment. The rectors whose dedication and commitment to TRIBUTE TO TING LOU President and the Secretary of State are quality programming has given a voice to doing their best to correct this state of af- working Americans. HON. THOMAS J. MANTON fairs, but they will need greater support f OF NEW YORK from the Congress and the general public IN THE HOUSE OF REPRESENTATIVES than has been manifest so far if this problem HONORING THE ROCK CITY/ROME is to be properly resolved. VOLUNTEER FIRE DEPARTMENT Tuesday, April 30, 1996 I submit that it will not be resolved, until Mr. MANTON. Mr. Speaker, I rise today to there is a recognition that the international HON. BART GORDON pay tribute to Ting Lou of Stuyvesant High affairs budget is in a very real sense a na- OF TENNESSEE School in Manhattan who was chosen Monday tional security budget—because diplomacy is IN THE HOUSE OF REPRESENTATIVES March 11, 1996, as the second place winner in the prestigious Westinghouse Science our first line of national defense. The failure Tuesday, April 30, 1996 to build solid international relationships and Awards. treat the causes of conflict today will surely Mr. GORDON. Mr. Speaker, I am taking this Mr. Speaker, since 1942, the Westinghouse mean costly military interventions tomor- opportunity to applaud the invaluable services Science Talent Search has identified and en- row. provided by the Rock City/Rome Volunteer couraged high school seniors nationwide to April 30, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E665 pursue careers in science, mathematics, and its financial requirements to the American That we will have fewer and smaller offices engineering. people and the Congress. to respond to the 2 million requests we re- Westinghouse Talent Search alumni have * * * * * ceive each year for assistance to Americans overseas and to safeguard our borders won more than 100 of the world's most cov- [I]t is difficult to encapsulate in one sen- through the visa process. tence or one paragraph a definition of Amer- eted science and math awards and honors. And that we will be unable to maintain a ican foreign policy that has global applica- Five have gone on to win the Nobel prize, world class diplomatic establishment as the tion. three have been awarded the National Medal delivery vehicle for our foreign policy. of Science, and thirty have been elected to the * * * * * The money that congress makes available National Academy of Sciences. In his address to Freedom House last Octo- to maintain the State Department and our Mr. Speaker, Ting Lou finished second ber, President Clinton spelled out for Ameri- overseas embassies and consulates is now among the 1,869 nationwide entries. She in- cans why a strong U.S. leadership role in the down to about $2.5 billion a year. As the world is intimately related to the quality of vestigated gene expression, a fundamental international affairs account continues to go their daily lives: down, we face the prospect of further cuts. cellular process, and proposed a mechanism ‘‘The once bright line between domestic The budget crunch has been exacerbated by for turning gene expression on and off. and foreign policy is blurring. If I could do the need to find money to pay for our new Ting Lou who resides in Woodside, NY at- anything to change the speech patterns of embassies in the newly independent coun- tends Stuyvesant High School, a magnet those of us in public life, I would almost like tries of the former Soviet Union. school located in Manhattan which contributed to stop hearing people talk about foreign In our major European embassies, we have four overall finalists, only one of two schools policy and domestic policy, and instead start already reduced State Department positions nationwide to contribute multiple finalists. discussing economic policy, security policy, by 25 percent since Fiscal Year 1995. We have Mr. Speaker, I am proud to recognize the environmental policy—you name it.’’ been told to prepare for cuts of 40 percent or * * * * * more from the 1995 base over the next two or achievements of Ting Lou and I know my col- three years. leagues join me in congratulating her and all Ambassadors today need to perform mul- the other finalists in the Westinghouse Talent tiple roles. They should be the ‘‘eyes and * * * * * Search. ears’’ of the President and Secretary of I have to tell you that cuts of this mag- State; advocates of our country’s foreign pol- nitude will gravely undermine our ability to f icy in the upper reaches of the host govern- influence foreign governments and will se- FUTURE OF U.S. DIPLOMACY ment; resourceful negotiators in bilateral verely diminish our leadership role in world and multilateral diplomacy. They need to affairs. They will also have detrimental con- build personal relationships of mutual trust sequences for our intelligence capabilities HON. LEE H. HAMILTON with key overseas decision-makers in gov- since embassy reporting in the critical overt OF INDIANA ernment and the private sector. They should component of U.S. intelligence collection. In IN THE HOUSE OF REPRESENTATIVES also radiate American values as intellectual, expressing these concerns I believe I am rep- educational and cultural emissaries, commu- resenting the views of the overwhelming ma- Tuesday, April 30, 1996 nicating what our country stands for to in- jority of our career and non-career ambas- Mr. HAMILTON. Mr. Speaker, several terest groups and intellectual leaders as well sadors. weeks ago, Richard Gardner, our distin- as to the public at large. Having no effective constituency, spending * * * * * on international affairs is taking a particu- guished ambassador to Spain, gave a larly severe hit within the civilian discre- The question that remains to be answered thoughtful speech entitled, ``Who Needs Am- tionary account and with it the money need- is whether the American people and the Con- bassadors? Challenges to American Diplo- ed for our diplomatic establishment. gress are willing to provide the financial re- macy Today.'' I believe these remarks are The failure to build solid international re- sources to make all this activity possible. very relevant to our ongoing deliberations on lationships and treat the causes of conflict H.R. 1561, which would authorize spending * * * * * today will surely mean costly military inter- levels for the State Department and other for- Congressional spending cuts have now ventions tomorrow. brought the international affairs account f eign policy agencies. Ambassador Gardner down to about $17 billion annually—about 1 points out what happens to American foreign percent of our total budget. Taking inflation REFLECTIONS OF HOLOCAUST policy when our Ambassadors do not have the into account, this $17 billion is nearly a 50 resources to conduct our business overseas. percent reduction in real terms from the He rightly points out that ``what our ambas- level of a decade ago. For Fiscal Year 1997, HON. CHARLES E. SCHUMER sadors and embassies do is one of our coun- the Congressional leadership proposes a cut OF NEW YORK try's best kept secrets.'' I commend his re- to $15.7 billion. Its 7-year plan to balance the IN THE HOUSE OF REPRESENTATIVES marks to my colleagues. budget would bring international affairs spending down to $12.5 billion a year by 2002. Tuesday, April 30, 1996 WHO NEEDS AMBASSADORS? CHALLENGES TO Keep in mind that about $5 billion of the Mr. SCHUMER. Mr. Speaker, I rise today to AMERICAN DIPLOMACY TODAY 150 account goes to Israel and Egypt * * * So acknowledge a fifth grade student, Samantha EXCERPTS FROM AN ADDRESS BY RICHARD N. under the Congressional balance budget sce- Peay, from my district who has written the GARDNER, U.S. AMBASSADOR TO SPAIN, TO nario only $7.5 billion would be left four most beautiful and profound poem on the Hol- THE ANNUAL BANQUET OF THE AMERICAN SO- years from now for all of our other inter- CIETY OF INTERNATIONAL LAW, MARCH 29, 1996 national spending. ocaust. Her astute analysis of this chilling I * * * come to you as a deeply troubled These actual and prospective cuts in our event reminds us of the horror and pain that Ambassador. I am troubled by the lack of un- international affairs account are devastat- so many endured. I congratulate Samantha for derstanding in our country today about our ing. Among other things, they mean: her eloquent poem and hope that students in foreign policy priorities and the vital role of That we cannot pay our legally owing dues classrooms throughout the world will also ex- our embassies in implementing them. I to the United Nations system, thus severely plore the history of the Holocaust. sometimes think that what our ambassadors undermining the world organization’s work REFLECTIONS OF HOLOCAUST and embassies do is one of our country’s best for peace and compromising our efforts for kept secrets. UN reform. (By Samantha Peay) That we cannot pay our fair share of vol- Eyes ablaze in frightened faces * * * * * untary contributions to UN agencies and Staring into empty spaces [A]t the height of the Cold War, it did not international financial institutions to assist Arms and hands that bear a stamp take a genius to understand the need for the world’s poor and promote free markets, Lonely and scared in a crowded camp strong U.S. leadership in the world and for economic growth, environmental protection Tortured, beaten, waiting for the kill effective ambassadors and embassies in sup- and population stabilization; Death houses waiting cold and still port of that leadership. That we must drastically cut back the Its frightening to look back and think Today, however, there is no single unifying reach of the Voice of America and the size of Trying to make a people extinct threat to help justify and define a world role our Fulbright and International Visitor pro- It may have happened long ago for the United States. As a result, we are grams, all of them important vehicles for in- In a place I do not know witnessing devastating reductions in the fluencing foreign opinion about the United I read and talk about this sorrow State Department budget which covers the States; But can it happen again tomorrow? cost of our Embassies overseas. That we will have insufficient funds to re- Can some madman filled with hate * * * * * spond to aid requirements in Bosnia, Haiti, Cause a future holocaust date? The constructive international engage- the Middle East, the former Communist Never again must we torture, kill or burn ment we all believe in will continue to be at countries and in any new crises where our From the pages of history we must learn risk until we all do a better job of explaining national interests are at stake; People of the world take a stand E666 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 1996 Tell the world throughout the land with 12 cities and the board of supervisors to These children suffer from a variety of ail- Spread the news from door to door pass resolutions in support of protecting the ments, ranging from learning disabilities to Holocaust, Holocaust never more! existing California prevailing wage laws. She congenital deformities, related to genetic dam- f is currently working to assist the economic age to their parents who were stationed at HONORING THE RUTHERFORD growth and development of the city of East these nuclear hot spots. VOLUNTEER FIRE DEPARTMENT Palo Alto. I believe that these children have suffered Marcy Vacura Schultz has distinguished because of the negligence of our Government herself in San Mateo County in the labor toward their parents, and therefore, am a co- HON. BART GORDON movement. Since joining the Building Trades sponsor of H.R. 2401, the Atomic Veterans OF TENNESSEE Council as assistant manager in 1987, she Survivors Benefits Act. The this much needed IN THE HOUSE OF REPRESENTATIVES has worked with the Private Industry Council, legislation was introduced by my good col- Tuesday, April 30, 1996 the Advisory Council on Women, the County leagues from Illinois, Mr. HYDE and Mr. FA- Economic Development Advisory Council and WELL. Mr. GORDON. Mr. Speaker, I am taking this has been inducted into San Mateo County's This bill would simply treat the children of opportunity to applaud the invaluable services Women's Hall of Fame. She was a founding atomic veterans suffering from these disabil- provided by the Rutherford Volunteer Fire De- member of the START program, a project de- ities like veterans with service-related injuries partment. These brave, civic minded people signed to train women in nontraditional jobs, in regard to compensation. Advocates for give freely of their time so that we may all feel and currently serves on the board of directors those who served at nuclear hot spots such as safer at night. of Shelter Network of San Mateo County, the Johnston Atoll and Greenland include the Vet- Few realize the depth of training and hard County Expo Advisory Board, the Housing erans Rights Coalition and the Alliance of work that goes into being a volunteer fire- Task Force, and the County Leadership Coun- Atomic Veterans. fighter. To quote one of my local volunteers, cil on the United Way. Mr. Speaker, I encourage my colleagues to ``These fireman must have an overwhelming Mr. Speaker, Marcy Vacura Schultz is an join me in supporting H.R. 2401. It is the least desire to do for others while expecting nothing outstanding citizen of California's 14th Con- this country can do for those veterans and in return.'' gressional District. I salute her for the commit- their children who have ended up as casual- Preparation includes twice monthly training ment she brings to, and the contributions she ties of the cold war long after it ended. programs in which they have live drills, study has made to our community and the labor f the latest videos featuring the latest in fire movement. I ask my colleagues to join me in fighting tactics, as well as attend seminars saluting Ms. Schultz as she is awarded the TRIBUTE TO THE CREW OF THE where they can obtain the knowledge they prestigious Unity Award. COAST GUARD CUTTER ‘‘BRAM- need to save lives. Within a year of becoming f BLE’’ a volunteer firefighter, most attend the Ten- nessee Fire Training School in Murfreesboro ATOMIC VETERANS HON. DAVID E. BONIOR where they undergo further, intensified train- OF MICHIGAN ing. HON. WILLIAM O. LIPINSKI IN THE HOUSE OF REPRESENTATIVES When the residents of my district go to bed OF ILLINOIS Tuesday, April 30, 1996 at night, they know that should disaster strike IN THE HOUSE OF REPRESENTATIVES and their home catch fire, well trained and Mr. BONIOR. Mr. Speaker, I have the privi- qualified volunteer fire departments are ready Tuesday, April 30, 1996 lege to represent the constituents of the Tenth and willing to give so graciously and gener- Mr. LIPINSKI. Mr. Speaker, I rise today in Congressional District in Michigan. This part of ously of themselves. This peace of mind support of a group of forgotten cold war veter- Michigan borders Lake Saint Clair, the Saint should not be taken for granted. ans who, along with their families, are suffer- Clair River, and Lake Huron, one of the five By selflessly giving of themselves, they en- ing the after-affects of serving in the military Great Lakes. It is a beautiful area where our sure a safer future for us all. We owe these during the nuclear age. water resources are treasured as a source of volunteer fire departments a debt of gratitude I am speaking of atomic veterans and their recreation and commerce. for their service and sacrifice. survivors. These service people were the ones The ice that forms on these waters in the f called in to clean up after accidents involving winter is always impressive. In the spring, the nuclear weapons, apparently with little regard ice often becomes treacherous for the fans of TRIBUTE TO MARCY VACURA to their safety and long-term health. ice fishing. And, in some years, the ice is a SCHULTZ While we may never fathom the number and major inconvenience, not only to shipping, but full extent of these accidents, there are two we to the residents of places like Harsen's Island. HON. ANNA G. ESHOO do know something about, thanks mainly to Ice flows were particularly troublesome this OF CALIFORNIA the diligence of many of the veterans involved spring. Mother Nature prevented the Harsen's IN THE HOUSE OF REPRESENTATIVES in these cleanups who brought the truth to Island ferry from operating, stranding the is- their fellow citizens. land's residents. Many freighters have had to Tuesday, April 30, 1996 One mishap occurred in Greenland in 1968, wait near Detroit and Port Huron for the Unit- Ms. ESHOO. Mr. Speaker, I rise today to when a B±52 bomber carrying four 1.1 mega- ed States and Canadian Coast Guard ice cut- honor Marcy Vacura Schultz, a dedicated ton bombs crashed, spreading radioactive de- ters to clear a path. This year, the cutters' community leader from California's 14th Con- bris across the frozen tundra. Service people, abilities were seriously challenged. gressional District who is being honored by who were not even issued protective masks, However, in keeping with the U.S. Coast the 110 affiliated local unions of the Central reportedly picked up the deadly pieces with Guard's vision as ``the world's premier mari- Labor Council of San Mateo County, AFL± shovels, and in some cases, their bare hands. time service,'' the crew of the Bramble was CIO, and their 65,000 members and families In a 1962 incident, Navy personnel on John- ``Sempter Paratus,'' always ready to perform with the prestigious Unity Award. ston Atoll in the Pacific were subjected to in- their duties. In addition to breaking up the ice, Marcy Vacura Schultz is the business man- credibly high levels of radioactive materials for the Bramble also provided emergency ferry ager of the Building and Construction Trades days when a Thor rocket tipped with a 1.4 service to the residents of Harsen's Island. Council of San Mateo County. She is the first megaton warhead blew up on the launch pad We are truly fortunate to have people com- woman to be elected to such a position in the during testing. Debris strewn about the atoll, mitted to serving our nation as members of United States. As a former flight attendant, including across the air strip, prevented the the Coast Guard. Regardless of conditions, she led 2,500 coworkers in a strike against a flight crews of a Navy air patrol squadron from these professionals stand ready to assist peo- major airline in 1983. Based on her belief that leaving for days. ple 24 hours a day. female-dominated unions should be treated Veterans of this squadron suffer from var- On behalf of the residents of Harsen's Is- equally with male-dominated unions, she suc- ious cancers, teeth and hair loss, sterility, joint land, and all of us who are grateful for the cessfully lobbied the California Joint Legisla- disease, eyesight failure and reproductive Coast Guard's devotion to duty, I ask that my ture to pass a resolution in support of flight at- problems. However, the most insidious mani- colleagues join me in offering a sincere thank tendants and convinced then-Congresswoman festation of this problem may not be among you to these ``Lifesavers and Guardians of the Barbara Boxer to launch a national boycott of these veterans, but in their children, who are Sea,'' especially to the crew members of the conscience against the airline. She worked also suffering from their parents' exposure. Bramble. April 30, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E667 BUREAU OF INDIAN AFFAIRS HONORING THE PORTLAND fighting for affirmative action as a regent of the REORGANIZATION ACT OF 1996 VOLUNTEER FIRE DEPARTMENT University of California, to leading the suc- cessful fight to have the university divest in HON. BART GORDON apartheid South Africa. HON. J.D. HAYWORTH OF TENNESSEE Mr. Speaker, John F. Henning is an excep- tional man who has graced the stage of our OF ARIZONA IN THE HOUSE OF REPRESENTATIVES Nation's labor movement. I ask my colleagues IN THE HOUSE OF REPRESENTATIVES Tuesday, April 30, 1996 to join me in honoring and saluting him for his Mr. GORDON. Mr. Speaker, I am taking this leadership, his commitment and his dedication Tuesday, April 30, 1996 opportunity to applaud the invaluable services to the workers of our Nation. Mr. HAYWORTH. Mr. Speaker, today I am provided by the Portland Volunteer Fire De- f partment. These brave, civic minded people introducing the Bureau of Indian Affairs Reor- REMARKS OF AMBASSADOR give freely of their time so that we may all feel ganization Act of 1996. This legislation will ad- MADELEINE K. ALBRIGHT dress the long-standing problem of an overly safer at night. bureaucratic BIA which is often unresponsible Few realize the depth of training and hard HON. LEE H. HAMILTON to the trial constituencies it is supposed to work that goes into being a volunteer fire- OF INDIANA serve. fighter. To quote one of my local volunteers, ``These firemen must have an overwhelming IN THE HOUSE OF REPRESENTATIVES Since its establishment in 1824, the BIA has desire to do for others while expecting nothing Tuesday, April 30, 1996 functioned as the lead agency through which in return.'' Mr. HAMILTON. Mr. Speaker, I take great the Federal Government carries out its trust Preparation includes twice monthly training responsibilities to native Americans. However, pleasure in bringing to the attention of my col- programs in which they have live drills, study leagues excerpts from a speech recently deliv- the evidence shows that the BIA largely fails the latest videos featuring the latest in fire- to meet these obligations. Recent reports indi- ered by our Ambassador to the United Na- fighting tactics, as well as attend seminars tions, Madeleine K. Albright, at the Thomas cate that the BIA cannot account for billions of where they can obtain the knowledge they dollars it was supposed to hold in trust for na- Aquinas College in Sparkill, NY, on ``Initiatives need to save lives. Within a year of becoming for World Peace.'' Ambassador Albright was tive Americans. The Interior Department In- a volunteer firefighter, most attend the Ten- spector General has reported that many BIA the guest speaker in The Honorable Benjamin nessee Fire Training School in Murfreesboro Gilman Lecture Series sponsored by that col- school facilities are very poorly maintained where they undergo further, intensified train- and, in some cases, native American children lege. I commend Congressman GILMAN for his ing. leadership in foreign affairs and for inviting must attend classes in buildings that have When the residents of my district go to bed been condemned. Ambassador Albright to speak at this impor- at night, they know that should disaster strike tant function. I ask that excerpts of her speech Compounding these problems is the lack of and their home catch fire, well trained and reviewing U.S. foreign policy initiatives and the tribal input into BIA priorities and operations. qualified volunteer fire departments are ready U.S. role in the United Nations be included in There have been several attempts to reorga- and willing to give so graciously and gener- the CONGRESSIONAL RECORD. nize and reform the BIA, including, most re- ously of themselves. This peace of mind REMARKS OF AMBASSADOR MADELEINE K. cently, the Joint Tribal/BIA/DOI Reorganization should not be taken for granted. ALBRIGHT, REPRESENTATIVE TO THE UNITED Task Force. Despite the fact that the Joint Re- By selflessly giving of themselves, they en- NATIONS organization Task Force submitted its final sure a safer future for us all. We owe these Dr. Fitzpatrick, Chairman Gilman, faculty, recommendations in the fall of 1994, shortly volunteer fire departments a debt of gratitude students and friends, I am delighted to be thereafter the BIA proposed its own organiza- for their service and sacrifice. here. As a former professor, I get a little tional reform plan. Most tribes opposed the f homesick every time I visit a university BIA proposal, in large part because the BIA campus, especially a beautiful campus such TRIBUTE TO JOHN F. HENNING as this, especially in spring. plan was not devised with tribal input and be- So I feel very much at home. I am pleased cause it ignored several key recommendations to play a part in your celebration this week of the Joint Reorganization Task Force which HON. ANNA G. ESHOO of Dr. Fitzpatrick’s inauguration. And I am the tribes supported. OF CALIFORNIA honored to deliver a lecture named for our IN THE HOUSE OF REPRESENTATIVES mutual friend, Representative Ben Gilman. The legislation that I am introducing, the Bu- I have known Ben Gilman for many yerars. reau of Indian Affairs Reorganization Act of Tuesday, April 30, 1996 Throughout his career, he has been a 1996, will address these issues by allowing Ms. ESHOO. Mr. Speaker, I rise today to thoughtful and principled public servant and tribes to assume certain functions of the BIA. pay tribute to Ambassador John F. ``Jack'' a virgorous advocate of American leadership around the world. He has been an especially The bill requires the BIA to enter into negotia- Henning, a distinguished leader who is being tions with tribes to reorganize the agency. strong defender of human rights. I hope that honored by the 110 affiliated local unions of those of you who live in this District are as Tribes in the jurisdiction of each BIA Area Of- the Central Labor Council of San Mateo Coun- fice will be allowed to decide which functions proud of your representative as I am sure he ty, AFL±CIO, and their 65,000 members and is of you. the BIA will continue to provide, and which families. This morning, I would like to discuss functions the tribes will take over. These deci- John F. Henning has dedicated his life to America’s role at the United Nations within sions may differ from region to region, as fight for racial and economic equality for all the context of our overall foreign policy, and some tribes are more willing and able than working women and men in California, the Na- with an eye towards past lessons, present re- others to administer particular services. Tribes alities and future challenges. tion, and internationally. He began his suc- Today’s threats include the spread of nu- which choose to perform certain BIA functions cessful career in the labor movement in1938 will receive corresponding BIA funds. Before clear and other advanced arms, the rise of while working with the Association of Catholic international criminal cartels, the poisoning any negotiated reorganization plan for a BIA Unionists in San Francisco. He continued his of our environment, the mobility of epidemic Area Office is implemented, it must be ap- fight for working people of the Nation while disease, the persistence of ethnic conflict proved by a majority of tribes in that region. serving in the highest offices of government as and—as we have seen too often in recent As you can see, Mr. Speaker, this legisla- the State Labor Federation's research director, weeks—the deadly and cowardly threat of terror. tion does not prescribe a certain outcome to director of the State's industrial relations de- Despite all this, the trend towards isola- reorganization of the BIA, but instead requires partment, Under Secretary of Labor in both tionism in America is stronger today than it the BIA to follow a particular process which re- the Kennedy and Johnson administrations, has been in 70 years. As I know Representa- spects the sovereignty of tribal governments and U.S. Ambassador to New Zealand. tive Gilman would agree, this trend must be and our trust responsibilities to native Ameri- John F. Henning has been one of the most rejected. cans. The Senate Committee on Indian Affairs eloquent spokespersons in our time for the We must, of course, devote primary atten- has already approved legislation, authored by rights of working people. John F. Henning's tion to problems at home. Our position in the world depends on good schools, a healthy my colleague from Arizona, Senator JOHN leadership has produced some of the great economy, safe neighborhoods and the unity MCCAIN, similar to the bill I am introducing milestones in labor's history, from the passage of our people. today. I hope that my colleagues will join me of landmark proworker legislation in California, Today, under President Clinton, we are in supporting this effort to reform the BIA. to gaining labor rights for farm workers, to called upon to develop a new framework—to E668 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 1996 protect our citizens both from old and should be. The challenge of keeping a peace lie, Iraq finally confessed to producing more emerging threats and to reinforce principles is far simpler than that of creating a secure than 500,000 liters on anthrax and botulinin that will carry us safely into the next cen- environment in the midst of ongoing con- toxin—enough poison to kill everyone on tury. flict. In Somalia and Bosnia, the Security Earth. That framework begins with our armed Council sent forces equipped for peacekeep- Before the Persian Gulf war, the Iraqis had services. ing into situations with which they could placed much of this material in artillery As we have seen in recent years in the Per- not cope. We are determined not to make shells, ready to use. The danger to American sian Gulf, Haiti and the Balkans, the U.S. that mistake again. forces and to our allies could not have been military is the most potent instrument for So, at out insistence, the Council has more real. And that danger will remain real international order and law in the world adopted rigorous guidelines for determining until we have hard evidence that this mate- today. And it is keeping America safe. when to begin a peace operation. We are in- rial and the capacity to produce it have been That is why our armed forces must remain sisting on good answers to questions about destroyed. modern, mobile, ready and strong. And as cost, size, risk, mandate, and exit strategy So the burden of proof is not on us; it is on President Clinton has pledged, they will. before a mission is started or renewed. Iraq. Iraq must demonstrate through ac- America must also maintain vigorous alli- We are also working to make the UN more tions, not words, that its intentions are now ances—and we are. professional. peaceful and that it respects the law of na- In Europe, the trans-Atlantic alliance is Five years ago, the UN’s peacekeeping of- tions. After years of deceit, that proof will defying those who thought it would fall fice consisted of a handful of people—mostly not come easy. apart as soon as the Soviet empire dis- civilians—working nine to five. Today, a 24 Saddam Hussein’s complaints about the appeared. NATO air strikes played a key role hour situation center links UN headquarters unfairness of all this remind me of the story in ending the Balkans War. And for the first to the field and a host of military officers about the schoolboy who came home with his time in history, there exists a real possibil- are on hand. A Mission Planning service face damaged and his clothes torn. When his ity of a fully democratic Europe, fully at helps assure that lessons learned from past mother asked him how the fight started, he peace. missions are incorporated in future plans. said: ‘‘It started when the other guy hit me In Asia, our core relationships with Japan And special units focused on training, civil- back.’’ and South Korea remain strong and our com- ian police, de-mining, logistics and financial From our perspective near millennium’s mitments are being met. During the Presi- management all contribute to an integrated end, we can look back at centuries of ar- dent’s visit to the Far East this week, he whole. rangements developed to deter aggression made it clear to North Korea that there is no The goal of these efforts is to design peace- and prevent war. Before the UN, there was future in military adventurism but that the keeping operations that don’t go on forever, the League of Nations; before that the Con- door to multilateral discussion and negotia- don’t cost too much, don’t risk lives unnec- gress of Vienna; before that the Treaty of tion is open. And he re-iterated our insist- essarily and do give peoples wracked by con- Westphalia; before that medieval ence that the problems between China and flict a chance to get back on their feet. nonagression pacts; and before that the Taiwan must be resolved without violence. The UN’s role in responding to conflicts Peloponnesian League. This brings us to the third element in our and other emergencies is especially impor- No perfect mechanism has been found. We foreign policy framework: creative diplo- tant now, when we have so many emer- have little reason to believe it ever will. Cer- macy in support of peace. Here, our goal is to gencies is especially important now, when we tainly, the UN is no panacea. build an environment in which threats to our have so many of them. Like other eras of But, the UN does give us military and dip- security and that of our allies are dimin- historical transition, ours is beset by politi- lomatic options we would not otherwise ished, and the likelihood of American forces cal upheaval. The human costs are high. have. It helps us to influence events without being sent into combat is reduced. Over the past decade, the number of regional assuming the full burden of costs and risks. One way to do that is lower the level of ar- conflicts has quintupled and the population And it lends the weight of law and world maments around the world. Last year, we at risk is up sixty percent. opinion to causes and principles we support. were able to gain a global consensus to ex- Americans are a generous people, but we That is why former President Reagan tend indefinitely and without conditions the could not begin to cope with such a crisis urged us to ‘‘rely more on multilateral insti- Treaty barring new nations from developing alone. Today, twenty-seven million people tutions’’. It is why former President Bush nuclear weapons. That is a gift to the future. are under the care of the UN High Commis- said recently that we should ‘‘pay our debts Currently, we are working hard to build a sioner for Refugees. Millions more benefit to the UN.’’ And it is why the Clinton Ad- similar consensus achieve the total elimi- from the efforts of the UN Development Pro- ministration will continue to place a high nation of anti-personnel landmines—weapons gram, the World Food Program and the UN priority on our leadership there. that kill or maim 26,000 people per year Children’s Fund. Force, strong alliances, active diplomacy around the world, mostly innocent civilians. Working with the Red Cross and other non- and viable international institutions all con- This brings us to a fourth essential ele- governmental organizations, UN agencies tribute to American security. But the final ment in our foreign policy framework, and provide the shelter, food, medicine and pro- element in our foreign policy framework is one of particular interest to me, and that is tection that help families displaced by vio- even more fundamental. To protect Amer- the United Nations. The UN performs many indispensable func- lence or disaster to rebuild and resume nor- ican interests in the coming years and into tions, from establishing airplane safety mal lives. The work is always difficult and the next century, we must remain true to standards to feeding children, but its most often dangerous. It is tempting to ask those American principles. conspicuous role—and the primary reason it who believe the U.S. should get out of the Some suggest that it is softheaded for the was established—is to help nations preserve UN what their choice would be. Are they pre- United States to take the morality of things peace. pared to do this work themselves? Or would into account when conducting foreign policy. The Clinton Administration has continued they simply let the displaced and impover- I believe a foreign policy devoid of moral efforts, begun under President Bush, to im- ished die? considerations can never fairly represent the prove and reform UN peacekeeping. We know Peacekeeping and emergency response are American people. It is because we have kept that the better able the UN is to contain or two UN functions that contribute to our se- faith with our principles that, in most parts end conflict, the less likely it is that we will curity and wellbeing; another is inter- of the world, American leadership remains have to send our own armed forces overseas. national economic sanctions. not only necessary, but welcome. And UN peacekeepers have shown that they can Since the end of the Persian Gulf war, central to our principles is a commitment to separate rivals in strategic parts of the strict economic and weapons sanctions have democracy. world, such as Cyprus, South Asia and the been in place against Iraq. Our purpose has The great lesson of this century is that de- Persian Gulf. been to prevent that country from once mocracy is a parent to peace. Free nations They can assist democratic transitions as again developing weapons of mass destruc- make good neighbors. Compared to dictator- they have done successfully in Namibia, tion or threatening its neighbors with ag- ships, they are far less likely to commit acts Cambodia, El Salvador, Mozambique and gression. of aggression, support terrorists, spawn Haiti. We do not wish to hurt the Iraqi people, international crime or generate waves of ref- And they can save lives, ease suffering and but Saddam Hussein has still not formally ugees. lower the global tide of refugees, as they accepted the chance we have offered to sell Democracy is not an import; it must find have done in Africa and former Yugoslavia. oil to buy humanitarian supplies. He contin- its roots internally. But we can help to nour- During the Cold War, most UN peace mis- ues to squander Iraq’s money building pal- ish those roots by opening the doors to eco- sions were limited to separating rival forces, aces for his cronies. He continues to dem- nomic integration, granting technical assist- with their consent, until permanent peace onstrate ruthless brutality towards those ance, providing election monitors and back- agreements could be forged. Today’s more who oppose him—even within his own fam- ing efforts to build democratic institutions. complex operations include a menu of func- ily. And he continues to evade full compli- Not all of these tools work quickly, but tions from humanitarian relief to disarming ance with the Resolutions of the UN Secu- none should be discounted. Remember that, troops to repatriating refugees to laying the rity Council. for half a century, we refused to recognize groundwork for national reconstruction. Until last summer, Iraq denied outright the Soviet conquest of the Baltics. For dec- There is a limit, however, to how ambi- the existence of a biological warfare pro- ades, with Representative Ben Gilman in the tious these new peacekeeping mandates gram. Because the UN refused to accept that lead, we pled the cause of emigration for April 30, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E669 Syrian and Soviet Jews. And despite the re- slovakia. The story of my family has been We have been given an opportunity, at the sistance of some, the west ultimately joined repeated in millions of variations over two threshold of a new century, to build a world the developing world in isolating South Afri- centuries in the lives not only of immi- in which totalitarianism and fascism are de- ca’s racist regime. grants, but of those overseas who have been feated, in which human liberty is expanded, There were times when these efforts liberated or sheltered by American soldiers, in which human rights are respected and in seemed almost hopeless. We could not stop empowered by American assistance or in- which our people are as secure as we can ever the tanks that entered Budapest in 1956 or spired by American ideals. expect them to be. Prague 12 years later. We could not save the I will remember all my life the day the By rejecting the temptations of isolation, victims of apartheid. But over the past dec- PLO-Israeli agreement was signed. I will re- and by standing with those who stand ade, almost two billion people, on five con- member, in particular, something that was against terror and for peace around the tinents, in more than five dozen countries, said by then-Israeli Foreign Minister world, we will advance our own interests; have moved towards more open economic Shimon Peres. When the history books are honor our best traditions; and help to answer and political systems. written, he said: a prayer that has been offered over many Today, a global network exists helping new years in a multitude of tongues, in accord- democracies to succeed. America belongs at ‘‘Nobody will really understand the United ance with diverse customs, in response to a the head of this movement. For freedom is States. You have so much force and you perhaps the clearest expression of national didn’t conquer anyone’s land. You have so common yearning. We cannot guarantee purpose and policy ever adopted—and it is much power and you didn’t dominate an- peace; but we can—and will—do all we can to America’s purpose. other people. You have problems of your own minimize the risks of peace. My own family came to these shores as ref- and you have never turned your back on the That is our shared task as we prepare for ugees. Because of this nation’s generosity problems of others.’’ the future. and commitment, we were granted asylum Now this generation, our generation, of And if we are together, it is a task in after the Communist takeover of Czecho- Americans has a proud legacy to fulfill. which we will surely succeed. Tuesday, April 30, 1996 Daily Digest Senate by aliens, taking action on amendments proposed Chamber Action thereto, as follows: Pages S4377±88, S4390±99, S4401±18 Routine Proceedings, pages S4369–S4447 Adopted: Measures Introduced: Two bills and one resolution Simpson Amendment No. 3871 (to Amendment were introduced, as follows: S. 1717 and 1718, and No. 3743), of a technical nature. Page S4378 S. Res. 253. Pages S4425±26 Subsequently, the amendment was modified. Measures Reported: Reports were made as follows: Page S4398 S. 1718, to authorize appropriations for fiscal year By 62 yeas to 37 nays (Vote No. 91), Graham 1997 for intelligence and intelligence-related activi- Amendment No. 3760 (to Amendment No. 3743), ties of the United States Government, the Commu- to condition the repeal of the Cuban Adjustment nity Management Account, and for the Central Intel- Act on a democratically elected government in Cuba ligence Agency Retirement and Disability System. being in power. Pages S4377, S4379±84, S4397±98 Simpson Amendment No. 3855 (to Amendment (S. Rept. No. 104–258) Page S4424 No. 3743), to phase in over six years the require- Measures Passed: ments for improved driver’s licenses and State-issued Omnibus Appropriations—Corrections: Senate I.D. documents. Pages S4388, S4390±93, S4405±07 passed S.J. Res. 53, making corrections to Public Simpson Amendment No. 3857 (to Amendment Law 104–134. Pages S4388±90 No. 3743), to require consultation with other agen- Extradition of Mohammed Abbas: By a unani- cies in establishing grants to States to encourage de- mous vote of 99 yeas (Vote No. 93), Senate agreed velopment of birth and death records. S. Res. 253, urging the detention and extradition to Pages S4388, S4390±93, S4405±07 the United States by the appropriate foreign govern- Simpson Amendment No. 3858 (to Amendment ment of Mohammed Abbas for the murder of Leon No. 3743), to provide that birth certificate regula- Klinghoffer. Pages S4399±S4400 tions will go into effect two years after a report to Congress. Pages S4388, S4390±93, S4405±07 Private Relief: Senate passed S. 966, for the relief Simpson Amendment No. 3859 (to Amendment of Nathan C. Vance. Page S4445 No. 3743), relating to the issuance of a social secu- American Foreign Service Day: Senate agreed to rity account number. Pages S4388, S4390±93, S4405±07 S. Res. 217, to designate the first Friday in May Simpson Amendment No. 3860 (to Amendment 1996, as ‘‘American Foreign Service Day’’ in recogni- No. 3743), to revise the definition of birth certifi- tion of the men and women who have served or are cate. Pages S4388, S4390±93, S4405±07 presently serving in the American Foreign Service, Simpson Amendment No. 3861 (to Amendment and to honor those in the American Foreign Service No. 3743), to require a report to Congress on ways who have given their lives in the line of duty. to reduce fraudulent use of birth certificates. Page S4445 Pages S4388, S4390±93, S4405±07 Illegal Immigration Reform: Senate continued con- Simpson Amendment No. 3862 (to Amendment sideration of S. 1664, to amend the Immigration and No. 3743), to establish limitations on the acceptance Nationality Act to increase control over immigration of birth certificates. Pages S4388, S4390±93, S4405±07 to the United States by increasing border patrol and Kennedy Modified Amendment No. 3829 (to investigative personnel and detention facilities, im- Amendment No. 3743), to allocate a number of in- proving the system used by employers to verify citi- vestigators to investigate complaints relating to labor zenship or work-authorized alien status, increasing certifications. Pages S4393, S4407±08, S4415, S4417 penalties for alien smuggling and document fraud, Rejected: and reforming asylum, exclusion, and deportation By 36 yeas to 63 nays (Vote No. 92), Graham/ law and procedures; and to reduce the use of welfare Specter Amendment No. 3803 (to Amendment No. D390 April 30, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D391 3743), to clarify and enumerate specific public assist- withholding of deportation, for individuals who have ance programs with respect to which the deeming been threatened with an act of female genital muti- provisions apply. Pages S4377, S4398 lation. Pages S4414±15 By 46 yeas to 53 nays (Vote No. 94), Kennedy A unanimous-consent agreement was reached pro- Amendment No. 3820 (to Amendment No. 3743), viding for the consideration of certain further to provide exceptions to the sponsor deeming re- amendments to be proposed to Amendment No. quirements for legal immigrants for programs for 3743, listed above. Page S4418 which illegal aliens are eligible, and Kennedy Senate will continue consideration of the bill on Amendment No. 3823 (to Amendment No. 3743), Wednesday, May 1, 1996, with a cloture vote sched- to provide exceptions to the definition of public uled to occur thereon. charge for legal immigrants when public health is at stake, for school lunches, and for child nutrition pro- Chemical Weapons Convention: Pursuant to the grams. Pages S4384, S4401±04 consent agreement of December 7, 1995, Committee By 47 yeas to 52 nays (Vote No. 95), Kennedy on Foreign Relations reported the resolution of rati- Amendment No. 3822 (to Amendment No. 3743), fication with respect to the Chemical Weapons Con- to exempt children, veterans, and pregnant mothers vention (Treaty Doc. 103–21), with 7 conditions and from the sponsor deeming requirements under the 11 declarations. Pages S4424±25 Medicaid program. Pages S4384, S4404 Messages From the House: Page S4423 By 32 yeas to 67 nays (Vote No. 96), Kennedy Amendment No. 3816 (to Amendment No. 3743), Communications: Pages S4423±24 to enable employers to determine work eligibility of Executive Reports of Committees: Pages S4424±25 prospective employees without fear of being sued. Additional Cosponsors: Pages S4425±26 Pages S4393±94, S4410±12, S4416 By 36 yeas to 63 nays (Vote No. 97), Simon Amendments Submitted: Pages S4426±43 Amendment No. 3809 (to Amendment No. 3743), Notices of Hearings: Page S4443 to adjust the definition of public charge. Authority for Committees: Page S4443 Pages S4396, S4408±10, S4416±17 By 42 yeas to 57 nays (Vote No. 98), Feinstein/ Additional Statements: Pages S4443±45 Simon Amendment No. 3776 (to Amendment No. Record Votes: Eight record votes were taken today. 3743), to strike the provision relating to the lan- (Total—98) Pages S4397±98, S4398, S4399±S4400, S4404, guage of deportation notice. Pages S4414, S4417±18 S4416, S4417, S4417±18 Pending: Adjournment: Senate convened at 9 a.m., and ad- Dole (for Simpson) Amendment No. 3743, of a journed at 9:32 p.m., until 9 a.m., on Wednesday, perfecting nature. Page S4377 May 1, 1996. (For Senate’s program, see the remarks Simpson Amendment No. 3853 (to Amendment of the Acting Majority Leader in today’s Record on No. 3743), relating to pilot projects on systems to pages S4445–47.) verify eligibility for employment in the United States and to verify immigration status for purposes of eligibility for public assistance or certain other Committee Meetings government benefits. Pages S4388, S4390 Simpson Amendment No. 3854 (to Amendment (Committees not listed did not meet) No. 3743), to define ‘‘regional project’’ to mean a project conducted in an area which includes more APPROPRIATIONS than a single locality but which is smaller than an entire State. Pages S4388, S4390 Committee on Appropriations: Subcommittee on Agri- Simon Amendment No. 3810 (to Amendment culture, Rural Development, and Related Agencies No. 3743), to exempt from deeming requirements held hearings on proposed budget estimates for fiscal immigrants who are disabled after entering the year 1997 for the Department of Agriculture, receiv- United States. Pages S4396±97 ing testimony in behalf of funds for their respective Feinstein/Boxer Amendment No. 3777 (to activities from Karl N. Stauber, Under Secretary for Amendment No. 3743, to provide funds for the con- Research, Education and Economics, Floyd P. Horn, struction and expansion of physical barriers and im- Administrator, Agricultural Research Service, Robert provements to roads in the border area near San H. Robinson, Administrator, Cooperative State Re- Diego, California. Pages S4412±13 search, Education, and Extension Service, Susan Reid Amendment No. 3865 (to Amendment No. Offutt, Administrator, Economic Research Service, 3743), to authorize asylum or refugee status, or the Donald Bay, Administrator, National Agricultural D392 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 1996 Statistics Service, and Dennis L. Kaplan, Deputy Di- cluded hearings on S. 1420, to implement an inter- rector for Budget, Legislative, and Regulatory Sys- national agreement on the protection of dolphins and tems, Office of Budget and Program Analysis, all of harvest of tuna in the eastern tropical Pacific Ocean, the Department of Agriculture. after receiving testimony from Senators Boxer, Subcommittee will meet again on Thursday, May Biden, and Chafee; David A. Colson, Deputy Assist- 2. ant Secretary of State for Oceans and International APPROPRIATIONS—FEMA Environmental and Scientific Affairs; Will Martin, Deputy Assistant Secretary for International Affairs, Committee on Appropriations: Subcommittee on VA, and Liz Edwards, Director, Dolphin Programs, Na- HUD, and Independent Agencies held hearings on tional Marine Fisheries, both of the National Oceanic proposed budget estimates for fiscal year 1997 for and Atmospheric Administration, Department of the Federal Emergency Management Agency, receiv- Commerce; James Joseph, Inter-American Tropical ing testimony from James Lee Witt, Director, Fed- Tuna Commission, La Jolla, California; Nina Young, eral Emergency Management Agency. Center for Marine Conservation, Jeffrey R. Pike, Subcommittee will meet again on Friday, May 3. Dolphin Safe/Fair Trade Campaign, and Lori Wal- AUTHORIZATION—DEFENSE lach, Public Citizen/Citizens Trade Campaign, all of Committee on Armed Services: Subcommittee on Readi- Washington, D.C.; and Mary Walker, Broebeck, ness approved for full committee consideration those Phleger & Harrison, San Diego, California. provisions which fall under its jurisdiction of pro- posed legislation authorizing funds for fiscal year NOMINATIONS 1997 for national defense programs. Committee on Foreign Relations: Committee concluded AUTHORIZATION—DEFENSE hearings on the nominations of Wendy Jean Chamberlin, of Virginia, to be Ambassador to the Committee on Armed Services: Subcommittee on Acqui- Lao People’s Democratic Republic, Thomas C. Hub- sition and Technology met in closed session and ap- bard, of Tennessee, to be Ambassador to the Repub- proved for full committee consideration those provi- lic of the Philippines and to serve concurrently and sions which fall under its jurisdiction of proposed without additional compensation as Ambassador to legislation authorizing funds for fiscal year 1997 for the Republic of Palau, and Glen Robert Rase, of national defense programs. Florida, to be Ambassador to Brunei Darussalam, AUTHORIZATION—DEFENSE after the nominees testified and answered questions Committee on Armed Services: Subcommittee on Airland in their own behalf. Forces met in closed session and approved for full committee consideration those provisions which fall AVIATION SAFETY under its jurisdiction of proposed legislation author- Committee on Governmental Affairs: Subcommittee on izing funds for fiscal year 1997 for national defense Oversight of Government Management and the Dis- programs. trict of Columbia concluded hearings to examine AUTHORIZATION—DEFENSE aviation safety issues, focusing on the training and supervision of Federal Aviation Administration in- Committee on Armed Services: Subcommittee on spectors, after receiving testimony from Gerald L. SeaPower met in closed session and approved for full Dillingham, Associate Director, Transportation and committee consideration those provisions which fall Telecommunications Issues, and Bonnie Beckett- under its jurisdiction of proposed legislation author- Hoffman and Steve Calvo, both Senior Evaluators, all izing funds for fiscal year 1997 for national defense of the Resources, Community, and Economic Devel- programs. opment Division, General Accounting Office; and AUTHORIZATION—DEFENSE Raymond J. DeCarli, Assistant Inspector General for Committee on Armed Services: Subcommittee on Strate- Auditing, Lawrence H. Weintrob, Deputy Assistant gic Forces met in closed session and approved for Inspector General for Auditing, and John L. Meche, full committee consideration those provisions which Regional Manager (Region 6), all of the Office of In- fall under its jurisdiction of proposed legislation au- spector General, and David R. Hinson, Adminis- thorizing funds for fiscal year 1997 for national de- trator, Anthony J. Broderick, Associate Adminis- fense programs. trator for Regulation and Certification, and Thomas C. Accardi, Director of Flight Standards Service, all DOLPHIN CONSERVATION of the Federal Aviation Administration, all of the Committee on Commerce, Science, and Transpor- Department of Transportation; and two protected tation:Subcommittee on Oceans and Fisheries con- witnesses. April 30, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D393

AFFIRMATIVE ACTION IN CALIFORNIA rick, Assistant Attorney General, Civil Rights Divi- Committee on the Judiciary: Committee held hearings sion, Department of Justice; and Jorge Amselle, Cen- to examine Federal policies and practices with regard ter for Equal Opportunity, and Marcia D. to racial, ethnic, and gender preferences, focusing on Greenberger, National Women’s Law Center, both of certain California affirmative action cases, receiving Washington, D.C. testimony from California Governor Pete Wilson, Hearings were recessed subject to call. and Ward Connerly, on behalf of California Civil INTELLIGENCE Rights Initiative, both of Sacramento; Audrey Rice Oliver, Integrated Business Solutions, Inc., San Select Committee on Intelligence: Committee held closed Ramon, California; Erwin Chemerinsky, University hearings on intelligence matters, receiving testimony of Southern California Law Center, Los Angeles; from officials of the intelligence community. Linda Chavez, Center for Equal Opportunity, Wash- Committee will meet again on Thursday, May 2. ington, D.C.; and Lee Cheng, Berkeley, California. WHITEWATER Hearings were recessed subject to call. Special Committee To Investigate the Whitewater Develop- EQUAL OPPORTUNITY ACT ment Corporation and Related Matters: Committee re- Committee on Labor and Human Resources: Committee sumed hearings to examine certain issues relative to held hearings on S. 1085, to prohibit discrimination the Whitewater Development Corporation, receiving and preferential treatment on the basis of race, color, testimony from Johnny Mitchum, Tommy Goodwin, national origin, or sex with respect to Federal em- John Myers, Paul Young, Sam Bratton, and Michael ployment, contracts, and programs, receiving testi- Gaines, all of Little Rock, Arkansas; and Bob Nash, mony from Representatives Campbell and Canady; Washington, D.C. District of Columbia Delegate Norton; Deval Pat- Hearings continue tomorrow. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designates Representative Weller Bills Introduced: 21 public bills, H.R. 3349–3369; to act as Speaker pro tempore for today. Page H4121 2 private bills, H.R. 3370–3371; and 2 resolutions, Recess: House recessed at 1:24 p.m. and reconvened H.J. Res. 177, and H. Con. Res. 168 were intro- at 2 p.m. Page H4130 duced. Pages H4302±03 Public Law Correction: House passed S.J. Res. 53, Reports Filed: Reports were filed as follows: making corrections to P.L. 104–134. Page H4131 H.R. 3286, to help families defray adoption costs, and to promote the adoption of minority, amended National Forest Ski Area Permits: House voted to (H. Rept. 104–542 Part 1); suspend the rules and pass H.R. 1527, amended, to H. Res. 418, providing for consideration of the amend the National Forest Ski Area Permit Act of bill (H.R. 2641) to amend title 28, United States 1986 to clarify the authorities and duties of the Sec- Code, to provide for appointment of United States retary of Agriculture in issuing ski area permits on marshals by the Director of the United States Mar- National Forest System lands and to withdraw lands shals Service (H. Rept. 104–543); within ski area permit boundaries from the operation H. Res. 419, providing for consideration of the of the mining and mineral leasing laws. bill (H.R. 2149) to reduce regulation, promote effi- Pages H4137±38 ciencies, and encourage competition in the inter- Recess: House recessed at 3:36 p.m. and reconvened national ocean transportation system of the United at 5 p.m. Page H4151 States, and to eliminate the Federal Maritime Com- American Overseas Interests Act: By a yea-and- mission (H. Rept. 104–544); and nay vote of 234 yeas to 188, nays, Roll No. 136, Conference report on S. 641, to reauthorize the House voted to sustain the President’s veto of H.R. Ryan White CARE Act of 1990 (H. Rept. 1561, to consolidate the foreign affairs agencies of 104–545). Pages H4287±99, H4301±02 the United States; to authorize appropriations for the Department of State and related agencies for fiscal D394 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 1996 years 1996 and 1997; to responsibly reduce the au- Duffey, Director; and David W. Burke, Chairman, thorizations of appropriations for United States for- Broadcasting Board of Governors. eign assistance programs for fiscal years 1996 and 1997 (two-thirds of those present not voting to over- FOREIGN OPERATIONS APPROPRIATIONS ride). Pages H4151±61 Committee on Appropriations: Subcommittee on Foreign Suspensions: House voted to suspend the rules and Operations, Export Financing and Related Programs pass the following measures: held a hearing on Security Assistance. Testimony was heard from Lynn Davis, Under Secretary, Arms Con- Helium Act: H.R. 3008, to amend the Helium trol and International Security Affairs, Department Act to authorize the Secretary to enter into agree- of State; and Walt Slocombe, Under Secretary, Pol- ments with private parties for the recovery and dis- icy, Department of Defense. posal of helium on Federal lands (passed by a yea- and-nay vote of 411 yeas, Roll No. 137); and LABOR-HHS-EDUCATION Pages H4138±51, H4161±62 APPROPRIATIONS Central Utah Water Project Completion Act: Committee on Appropriations: Subcommittee on Labor, H.R. 1823, amended, to amend the Central Utah Health and Human Services, and Education held a Project Completion Act to direct the Secretary of the hearing on Agency for Health Care Policy and Re- Interior to allow for prepayment of repayment con- search, Health Care Financing Administration, and tracts between the United States and the Central on SSA. Testimony was heard from the following of- Utah Water Conservancy District dated December ficials of the Department of Health and Human 28, 1965, and November 26, 1985 (passed by a yea- Services: Clifton R. Gaus, Administrator, Agency for and-nay vote of 412 yeas, Roll No. 138). Health Care Policy and Research; and Bruce C. Pages H4135±37, H4162±63 Vladek, Administrator, Health Care Financing Ad- Late Report: Conferees received permission to have ministration; and Shirley S. Chater, Commissioner, until midnight tonight to file a conference report on Social Security, SSA. S. 641, to reauthorize the Ryan White CARE Act TREASURY, POSTAL SERVICE, AND of 1990. Page H4163 GENERAL GOVERNMENT APPROPRIATIONS Amendments: Amendments ordered printed pursu- Committee on Appropriations: Subcommittee on Treas- ant to the rule appear on page H4304. ury, Postal Service, and General Government con- Senate Message: Message received from the Senate cluded appropriation hearings. Testimony was heard today appears on page H4131. from Congressional and public witnesses. Quorum Calls—Votes: Three yea-and-nay votes de- VETERANS AFFAIRS-HUD-INDEPENDENT veloped during the proceedings of the House today AGENCIES APPROPRIATIONS and appear on pages H4160–61, H4161–62, and H4162. There were no quorum calls. Committee on Appropriations: Subcommittee on Veter- ans’ Affairs, Housing and Urban Development, and Adjournment: Met at 12 noon and adjourned at Independent Agencies held a hearing on Community 10:35 p.m. Development Financial Institutions, the National Credit Union Administration, the Neighborhood Re- Committee Meetings investment Corporation, and the Office of Science and Technology Policy. Testimony was heard from COMMERCE, JUSTICE, STATE, AND THE Kirsten Moy, Director, Community Development Fi- JUDICIARY APPROPRIATIONS nancial Institutions, Department of the Treasury; Committee on Appropriations: Subcommittee on Com- Norman E. D’Amours, Chairman, National Credit merce, Justice, State, and the Judiciary held a hear- Union Administration, George Knight, Director, ing on National Oceanographic and Atmospheric Neighborhood Reinvestment Corporation; and John Administration; Marine Mammal Commission; State, H. Gibbons, Director, Office of Science and Tech- Oceans and Environmental Science, Fisheries and on nology Policy. the USIA. Testimony was heard from D. James Baker, Under Secretary, Oceans and Atmosphere, FINANCIAL INSTITUTION REGULATORY Department of Commerce; Eileen B. Clausen, Assist- SYSTEM ant Secretary, Oceans and Environmental Science and Committee on Banking and Financial Services: Held a Scientific Affairs, Department of State; John E. hearing on the Federal financial institution regu- Reynolds, Chairman, Marine Mammal Commission; latory system. Testimony was heard from Edward and the following officials of the USIA: Joseph D. W. Kelley, Jr., member, Board of Governors, Federal April 30, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D395 Reserve System; and following officials of the De- H.R. 3230, National Defense Authorization Act for partment of the Treasury: Eugene Ludwig, Comp- Fiscal Year 1997. troller, Office of the Comptroller of the Currency; DEFENSE AUTHORIZATION and Jonathan Fiechter, Acting Director, Office of Thrift Supervision; and public witnesses. Committee on National Security: Subcommittee on Mili- Hearings continue May 2. tary Research and Development approved for full Committee action as amended H.R. 3230, National JUVENILE JUSTICE AND DELINQUENCY Defense Authorization Act for Fiscal Year 1997. PREVENTION ACT OVERSIGHT—FOREST SERVICE RIVER Committee on Economic and Educational Opportunities: MANAGEMENT Subcommittee on Early Childhood, Youth and Fami- Committee on Resources: Subcommittee on National lies held a hearing on Youth Violence, Gangs and Parks, Forests and Lands held an oversight hearing the Juvenile Justice and Delinquency Prevention on the Forest Service’s river management policies for Act. Testimony was heard from Representatives the Green River and Hells Canyon. Testimony was McCollum and Waters; Tom Corbett, Attorney Gen- heard from the following officials of the USDA: eral, State of Pennsylvania; and public witnesses. James R. Lyons, Under Secretary, Natural Resources VETERANS PREFERENCES and Environment; Jack Ward Thomas, Chief, Forest Committee on Government Reform and Oversight: Sub- Service; Lyle Laverty, Director, Recreation, Heritage committee on Civil Service held a hearing on Veter- and Wilderness Resources Management; Bert ans Preference. Testimony was heard from Rep- Kulesza, Forest Supervisor, Ashley National Forest; resentatives Buyer and Fox; and public witnesses. and Bob Richmond, Forest Supervisor, Wallowa- Whitman National Forest; and public witnesses. OVERSIGHT—GAO OCEAN SHIPPING REFORM ACT Committee on Government Reform and Oversight: Sub- committee on Government Management, Informa- Committee on Rules: Granted, by voice vote, an open tion and Technology held an oversight hearing on rule providing 1 hour of debate on H.R. 2149, the GAO. Testimony was heard from John Ocean Shipping Reform Act of 1995. The rule pro- Koskinen, Deputy/Director, Management, OMB; vides for the consideration of a manager’s amend- Charles A. Bowsher, Comptroller General, GAO; and ment to be printed in part 1 of the report of the public witnesses. Committee on Rules to accompany the resolution, which is considered as read, may amend portions of TEEN PREGNANCY PREVENTION the bill not yet read for amendment, is debatable for Committee on Government Reform and Oversight: Sub- 10 minutes equally divided between the proponent committee on Human Resources and Intergovern- and an opponent, and shall not be subject to amend- mental Relations held a hearing on Preventing Teen ment or to a division of the question. Pregnancy: Coordinating Community Efforts. Testi- If adopted, the amendment is considered as part mony was heard from Representatives Clayton and of the base text for further amendment purposes. Johnson of Connecticut; Henry Foster, Jr., M.D., The rule waives clause 7 of rule XVI (germaneness) Senior Advisor to the President on Teen Pregnancy, against the manager’s amendment printed in part 1 White House Liaison to the National Campaign to of the report. The rule provides that the bill, as Prevent Teen Pregnancy; Kathleen Kennedy Town- amended, shall be considered by title rather than by send, Lt. Gov., State of Maryland; and public wit- section, and that the first section and each title shall nesses. be considered as read. The rule authorizes the Chair to accord priority in RUSSIAN ORGANIZED CRIME recognition to Members who have preprinted their Committee on International Relations: Held a hearing on amendments in the Congressional Record. The rule fur- the Threat from Russian organized Crime. Testi- ther provides that the amendment be printed in part mony was heard from John Deutch, Director, CIA; 2 of the report shall be considered as read, may Louis Freeh, Director, FBI, Department of Justice; amend portions of the bill to yet read for amend- Eric Seidel, Deputy Attorney General in Charge, Or- ment, shall not be subject to amendment, and shall ganized Crime Task Force, State of New York; and not be subject to a demand for a division of the a public witness. question in the House or in the Committee of the Whole. Finally, the rule provides one motion to re- DEFENSE AUTHORIZATION commit, with or without instructions. Testimony Committee on National Security: Subcommittee on Mili- was heard from Chairman Shuster and Representa- tary Procurement approved for full Committee action tives Coble, Oberstar, and Stupak. D396 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 1996 UNITED STATES MARSHALS SERVICE COMMITTEE MEETINGS FOR IMPROVEMENT ACT WEDNESDAY, MAY 1, 1996 Committee on Rules: Granted, by voice vote, an open (Committee meetings are open unless otherwise indicated) rule providing 1 hour of debate on H.R. 2641, United States Marshals Service Improvement Act of Senate 1996. The rule makes in order the Judiciary Com- Committee on Appropriations, Subcommittee on Defense, mittee amendment in the nature of a substitute as to hold hearings on proposed budget estimates for fiscal an original bill for the purpose of amendment, and year 1997 for the Department of Defense, focusing on provides that each section shall be considered as Reserve and National Guard programs, 10 a.m., SD–192. read. The rule authorizes the Chair to accord priority Committee on Armed Services, closed business meeting, to in recognition to members who have preprinted their mark up a proposed National Defense Authorization Act amendments in the Congressional Record, if otherwise for fiscal year 1997, and to receive a report from the Sen- consistent with the House rules, and provides that ate Select Committee on Intelligence on the Intelligence preprinted amendments shall be considered as read. Authorization Act for Fiscal Year 1997, 9 a.m., SR–222. The rule provides one motion to recommit, with or Committee on Commerce, Science, and Transportation, Sub- without instructions. Finally, the rule provides that committee on Aviation, to hold hearings to examine air- after passage of the House bill, it will be in order port revenue diversion, 2:30 p.m., SR–253. to take up the Senate bill, to, move to insert the Committee on Energy and Natural Resources, business House-passed provisions in the Senate bill, and to meeting, to consider pending calendar business, 9:30 a.m., SD–366. move to request a conference with the Senate. Testi- Committee on Foreign Relations, Subcommittee on African mony was heard from Representative McCollum. Affairs, to hold hearings on develop assistance to Africa, 2 p.m., SD–419. UNITED STATES AVIATION RELATIONSHIP Committee on the Judiciary, to hold hearings to review WITH THE U.K. AND JAPAN the national drug control strategy, 10:30 a.m., SD–226. Committee on Transportation and Infrastructure: Sub- Committee on Labor and Human Resources, business meet- committee on Aviation continued hearings on Prob- ing, to mark up S. 1643, to authorize appropriations for lems in the U.S. Aviation Relationship with the fiscal years 1997 through 2001 for programs of the Older United Kingdom and Japan. Testimony was heard Americans Act, and to consider pending nominations, from Charles A. Hunnicutt, Assistant Secretary, 9:30 a.m., SD–430. Committee on Small Business, to hold hearings on the Aviation and International Affairs, Department of nomination of Ginger Ehn Lew, of California, to be Dep- Transportation; and public witnesses. uty Administrator of the Small Business Administration; to be followed by a hearing on the President’s proposed OVERSIGHT budget request for fiscal year 1997 for the Small Business Committee on Veterans’ Affairs: Subcommittee on Com- Administration, 9:30 a.m., SR–428A. pensation, Pension, Insurance, and Memorial Affairs Special Committee To Investigate Whitewater Development held a hearing on access to treatment and compensa- Corporation and Related Matters, to continue hearings to tion for veterans exposed to ionizing radiation. Testi- examine certain issues relative to the Whitewater Devel- mony was heard from John R. Vogel, Under Sec- opment Corporation, 10 a.m., SH–216. retary, Benefits, Department of Veterans Affairs; House Joan Ma Pierre, Director, Electronics and Systems, Defense Nuclear Agency, Department of Defense; Committee on Appropriations, Subcommittee on Com- and public witnesses. merce, Justice, State, and the Judiciary, on Federal Law Enforcement: FBI; DEA; U.S. Attorneys, Criminal Divi- sion/Interagency Crime and Drug Enforcement, 10 a.m., FUTURE DIRECTIONS IN THE MEDICARE and on International Law Enforcement: FBI; DEA; Immi- PROGRAM gration and Naturalization Service, Department of State, Committee on Ways and Means: Subcommittee on International Narcotics and Law Enforcement Affairs/Dip- Health held a hearing on recommendations regard- lomatic Security, 2 p.m. 2358 Rayburn. ing future directions in the Medicare program. Testi- Subcommittee on Labor, Health and Human Services, mony was heard from Representative Shays; Joseph and Education, on Centers for Disease Control, 10 a.m., P. Newhouse, Chairman, Prospective Payment As- and on Health Resources and Services Administration, 2 sessment Commission; Gail R. Wilensky, Chair, p.m., 2358 Rayburn. Physician Payment Review Commission; and Janet Subcommittee on National Security, on Congressional L. Shikles, Assistant Comptroller General, Health, and public witnesses, 10 a.m., and 1:30 p.m., H–140 Education, and Human Services Division, GAO. Capitol. April 30, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D397

Subcommittee on Veterans’ Affairs, Housing and ployment of a national missile defense system; H.R. Urban Development, and Independent Agencies, on De- 3308, to amend title 10, United States Code, to limit the partment of Housing and Urban Development, 9 a.m., placement of U.S. forces under U.N. operational or tac- and 2 p.m., 2360 Rayburn. tical control; H.R. 3281, Maritime Administration Au- Committee on Banking and Financial Services, Subcommit- thorization Act for Fiscal Year, 1997; and H.R. 3230, tee on General Oversight and Investigations, hearing re- National Defense Authorization Act for Fiscal year 1997, garding the termination of Mr. Robert H. Swan as a 10 a.m., 2118 Rayburn. member of the Board of the National Credit Union Ad- Committee on Rules, to consider the Conference Report ministration, 10 a.m., 2128 Rayburn. to accompany S. 641, to reauthorize the Ryan White Committee on Commerce, Subcommittee on Energy and CARE Act of 1990; and to hold a hearing on H. Res. Power, oversight hearing on the Federal Energy Regu- 416, establishing a select subcommittee of the Committee latory Commission’s Final Rule on Open Access Trans- mission and the Future of Electric Utility Regulation, 10 on International Relations to investigate the U.S. role in a.m., 2322 Rayburn. Iranian arms transfers to Croatia and Bosnia, 4 p.m., Subcommittee on Health and Environment, hearing on H–313 Capitol. the following bills: H.R. 3199, Drug and Biological Committee on Science, Subcommittee on Energy and Envi- Products Reform Act of 1996; H.R. 3200, Food Amend- ronment, hearing on Department of Energy FY 1997 ments and Animal Drug Availability Act of 1996; and budget request for environment, safety and health; envi- H.R. 3201, Medical Device Reform Act of 1996, 10 ronment restoration and waste management; and nuclear a.m., 2123 Rayburn. energy, 10 a.m., 2318 Rayburn. Committee on Economic and Educational Opportunities, to Committee on Small Business, hearing on Small Business’ markup the following bills: H.R. 2066, to amend the Access to Capital: Role of Banks in Small Business Fi- National School Lunch Act to provide greater flexibility nancing, 10 a.m., 2359 Rayburn. to schools to meet the dietary guidelines for Americans Committee on Transportation and Infrastructure, Sub- under the school lunch and school breakfast programs; committee on Aviation, hearing on H.R. 3267, Child and H.R. 3269, Impact Aid Technical Amendments Act Pilot Safety Act, 1 p.m., 2176 Rayburn. of 1996, 10:30 a.m., 2175 Rayburn. Committee on Ways and Means, to markup H.R. 3286, Committee on House Oversight, to consider H. Res. 417, Adoption Promotion and Stability Act of 1996; followed providing amounts for the expenses of the select sub- by a hearing on the Impact on State and Local Govern- committee on the United States role in Bosnia of the ments and Tax-Exempt Entities of Replacing the Federal Committee on International Relations in the 2d session Income Tax, 9:30 a.m., 1100 Longworth. of the 104th Congress, 1 p.m., 1310 Longworth. Permanent Select Committee on Intelligence, executive, hear- Committee on International Relations, Subcommittee on ing on FY 1997 authorization, with emphasis on covert Africa, hearing on A Current Assessment of the Peace action, 10 a.m., and, executive, and on the FY 1997 au- Process in Angola, 2 p.m., 2200 Rayburn. thorization, with emphasis on legislative issues, 1 p.m., Committee on National Security, to markup the following bills: H.R. 3144, to establish a U.S. policy for the de- H–405 Capitol. D398 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, May 1 11 a.m., Wednesday, May 1

Senate Chamber House Chamber Program for Wednesday: After the recognition of one Program for Wednesday: Consideration of H.R. 2149, Senator for a speech, Senate will resume consideration of Ocean Shipping Reform Act of 1995 (open rule, 1 hour S. 1664, Immigration Reform. of general debate); and Consideration of H.R. 2641, U.S. Marshals Service Im- provement Act of 1996 (open rule, 1 hour of general de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E664, E666, E667 Manton, Thomas J., N.Y., E664 Gordon, Bart, Tenn., E661, E664, E666, E667 Portman, Rob, Ohio, E662 Bonior, David E., Mich., E666 Hamilton, Lee H., Ind., E665, E667 Richardson, Bill, N. Mex., E662 Burton, Dan, Ind., E661 Hayworth, J.D., Ariz., E667 Schumer, Charles E., N.Y., E665 Dornan, Robert K., Calif., E661 Lipinski, William O., Ill., E661, E664, E666

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